Developer Rick Koze of Kay Builders argued vigorously before Upper Milford supervisors last week for more flexibility in the timing of construction of an emergency access road for Fields at Indian Creek, a 55 and over community of more than 200 homes and finally achieved a compromise.

The compromise language was included in the preliminary plan approved by supervisors at the May 21 meeting.

Supervisors, citing safety concerns, particularly in the event of fire, argued for having the access road, which would link the development to Chestnut Street, constructed before any occupancy permits are issued for the dwellings, but finally agreed to give the developer more time.

Under the agreement eventually approved, the developer would be required to have the road completed within six months of the first occupancy permit, or by the time 15 permits are granted, whichever comes first.

Supervisors also stipulated four working fire hydrants would have to be installed at the outset of the project.

Koze argued for having until 25 occupancy permits are granted before the road must be completed, saying this is what the ordinance allows. He insisted he is as concerned about safety as supervisors are, noting he has the upfront expense of building a million dollar clubhouse.

"I'm being held to a higher standard than the ordinance allows," he said.

Koze also noted Kay Builders is planning to install a traffic light at the intersection of Chestnut and Allen streets, which would help address some of the traffic problems which supervisors have been concerned about for some time.

Meanwhile, Koze is still negotiating to purchase the property where the former Farmhouse Restaurant is located, which would make construction of an access road much easier.

Initially, supervisor Robert Sentner said he thinks the emergency access road should go in before any occupancy permits are granted, and supervisors Chairman George DeVault agreed.

DeVault said the Kay Builders project, which is located partly in Emmaus and partly in Lower Macungie Township, couldn't have come at a worse time, given the myriad traffic problems which concern supervisors and the planned construction of the railroad bridge on Chestnut Street not far from Kay's development.

The discussion with Kay Builders took up almost the entire meeting last week, but supervisors also voted to remove hedges at 3810 Chestnut St. near Allen Street, which cut down on visibility at that intersection. The owner of the property has given the township permission to remove the hedges.

Supervisors also approved hiring Karl Fegley as a part-time summer employee. Fegley has been working for the township as a co-op student from Emmaus High School, an arrangement which Township Manager Daniel DeLong said has worked out well.