Emmaus Borough Council discussed creating an overlay district for age qualified communities at its May 6 meeting.

Solicitor Thomas Dinkelacker said age qualified communities are typically privately owned, with a governing body such as a homeowners association and are usually only for residents who are 55 years old or older. He said any development in the borough could be age qualifying, they just need to have the governing documents that meet the requirements of the fair housing laws.

Dinkelacker said having an overlay district and then a land development plan would allow for higher density, which would allow for more recreational facilities and open space in the communities.

"It becomes a planned community, but the incentive is higher density," Dinkelacker said.

The ordinance is for all future possible age qualified communities, not one specific project. There is an age qualified community currently being proposed on the Indian Creek Golf Course. The project, called Fields at Indian Creek, is being developed by Kay Builders and will be built partially in Upper Milford and Lower Macungie townships in addition to about 50 homes in Emmaus.

Under the ordinance, developers will be required to set aside 50 percent of the land for open space. No more than six dwellings will be allowed per acre. The streets will have to follow Emmaus' standard in case the community is ever returned to the borough's control. Water and sewer facilities will remain public.

"We've found that keeping water and sewer facilities public is better than putting them in the hands of a homeowners association," Dinkelacker.

Although there will be private recreational facilities available in the communities, developers will still have to pay Emmaus' recreation fee.

"Some, maybe not all, of the residents of the age qualified communities are still going to want to use borough facilities," Dinkelacker said. "They're members of the borough; they're going to want to participate."

Developers will have the option to donate land suitable for parks and recreation instead of paying the recreation fee.

The ordinance will also require sidewalks on both sides of the street. Rick Koze of Kay Builders wanted the requirement to be changed to one side of the street, as did council member Brent Labenberg.

"I want to stress again this is a private development, this is not where you and I are walking from one end of town to the other end of town," Labenberg said. "It's their private property."

Council member Michael Waddell, however, said the requirement should remain both sides of the street in case a community fails and is returned to the borough's control. The borough requires sidewalks on both sides of the street.

An amendment to change the requirement to sidewalks on one side of the street was rejected 1-6, with only Labenberg voting for the change.

"I just think government regulates way too much," Labenberg said.

The first reading of the ordinance passed 6-0. Council member Wes Barrett abstained from voting due to a potential conflict of interest. The ordinance will be sent to the Lehigh Valley Planning Commission, who will have 45 days to review it.

The next borough council meeting is May 20.