(A) Notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of this chapter, land zoned for residential development may be developed, at the option of the landowner, with the same number of dwelling units that could otherwise be developed on the land under existing ordinances, laws, and the open space preservation provisions of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as it applies to single-family residential development, on not more that 50% of the land, if all of the following apply.
(1) The land is zoned at a density equivalent to 2 or fewer dwelling units per acre; or, if the land is served by a public sewer system, 3 or fewer dwelling units per acre.
(2) Not less than 50% of the land area 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.
(3) 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 development option provided by this provision would also depend upon such an extension.
(4) The development option provided pursuant to this section has not previously been exercised with respect to the subject property.
(5) The development of land under this section is subject to all other applicable ordinances, laws, and
rules, including, but not limited to the provisions of this chapter that are not in conflict with and preempted by the open space preservation provisions of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq.:
(a) The Land Division Act (formerly the Subdivision Control Act), as amended, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293;
(b) Any ordinance regulating the division of land, the platting of land into subdivisions, or the creation of a site condominium;
(c) Rules relating to suitability of groundwater for on site water supply for land not served by public water;
(d) Rules relating to suitability of soils for on-site water supply for land not served by public water;
(e) Rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers; and
(f) A developer may develop the same number of units that would be allowed under existing zoning.
(B) (1) The developer must submit 2 preliminary development plans.
(2) The first plan should be a viable plan under the existing ordinance, which would then establish the number of units that could be developed in the open space preservation plan under the Site Plan and Planned Residential 1 (PR-1) rules, subject to the provisions of §§ 150.270 et seq.
(C) (1) All residential projects shall be subject to the provisions, rules, regulation, and procedures set forth in this chapter for Agricultural (AG-1), Rural Non-Farm (RNF-1), and Suburban Residential 1 (RS-1).
(2) The Planned Residential Development District shall apply to any residential projects of the zoning district in which the project is situated or located.
(3) The development projects shall be subject to the requirements of §§ 150.270 et seq.
(Ord. -, Article V, § 5.21, passed 9-12-2006) Penalty, see § 150.999