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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 /> <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 /> <br />GP:850441 v2 <br /> <br /> <br />