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Article 7: Subdivisions Section 7.12: Flexible Developments Orange County, North Carolina – Unified Development Ordinance Page 7-62 (1) A density increase is permitted where more than 33% of the total land area in the Flexible Development is set aside as protected open space. The amount of the density increase shall be based on the following standard: (a) For each additional acre of protected open space provided in the Flexible Development, one additional building lot or dwelling unit is permitted. (2) In lieu of providing additional open space in the Flexible Development, the applicant may purchase in fee simple or less than fee (e.g., development rights) land separate from the Flexible Development which is comprised of Primary and/or Secondary Conservation Open Space Areas as defined in Section 7.13.3I. The amount of the density increase shall be based on the following standards: (a) For each five acres of Primary Conservation Open Space Area preserved off-site, one additional building lot or dwelling unit is permitted. (b) For each two acres of Secondary Conservation Open Space Area preserved off-site in areas which require a two-acre minimum lot size, one additional building lot or dwelling unit is permitted. (c) For each one acre of Secondary Conservation Open Space Area preserved off-site in areas which require a 40,000 square foot minimum lot size, one additional building lot or dwelling unit is permitted. (3) Land purchased in fee may be dedicated to Orange County. For land purchased in less than fee, a conservation easement dedicated to Orange County shall be recorded which restricts the development potential of the land. (4) Location of Open Space Bonus Units Density increases to encourage additional open space are limited to Flexible Developments proposed in the following locations: (a) Within Transition Areas as designated in the Land Use Element of the Comprehensive Plan. Within such areas, the maximum permitted density is 2.5 dwelling units per acre unless the applicant obtains approval of a zoning district classification which permits a higher density. (b) Outside of Transition Areas but within an area designated for service by a utility provider as part of an adopted long-range water and/or sewer extension plan. Within such areas, the maximum permitted density is 1.3 dwelling units per acre. (c) Outside of Transition Areas but within 3/4 of a mile of an interstate corridor or a major thoroughfare designated as a high occupancy vehicle (HOV)/busway route as part of an adopted regional transit plan. Within such areas, the maximum permitted density is 2.5 dwelling units per acre. (d) Outside of Transition Areas but within 1/2 mile of a transit station designated as part of an adopted regional transit plan. Within such areas, the maximum permitted density is five dwelling units per acre. 91