(1)

Land zoned for residential development may be developed, at the option of the landowner, with the same number of dwelling units on a smaller portion of the land than specified in this ordinance, but not more than 50%, that could otherwise be developed on the entire land area, if all of the following apply:

(a)

The land is zoned at a density equivalent to two or fewer dwelling units per acre or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

(b)

A percentage of the land area specified in the zoning ordinance, but not less than 50%, will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land, as prescribed by this ordinance.

(c)

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the option provided by this article would also depend upon the extension.

(d)

The option provided under this article has not previously been exercised with respect to that land.

(2)

After a landowner exercises the option provided under subsection (1), the land may be rezoned accordingly.

(3)

The development of land under subsection (1) is subject to other applicable ordinances, laws, and rules, including rules relating to suitability of groundwater for on-site water supply for land not served by public water and rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.