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including the lake surface in this calculation, while excluding it when calculating density, <br /> is consistent with the constitutional "rough proportionality"test. If the presence of the <br /> lake within the subdivision diminishes the number of units allowed in the subdivision, it <br /> would, presumably, also diminish the need for park resources created by the subdivision. <br /> It could also be seen as imposing a double burden on the subdivider. <br /> For these reasons, we would recommend against including the lake surface. If <br /> you have any questions regarding this analysis, please do not hesitate to contact either of <br /> us. <br /> GP:85044I v2 <br />