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December 20, 2004 (Regular Meeting) Page 34 assure the proper regulation of developments to protect the health and safety of current and future residents; d. to maintain predictability, vested rights and fairness for affected landowners. e. to provide for a public participation process that includes home builders, realtors, citiiens and planning board members. SECTION 3. rINDINGS a. The Board of Commissioners hereby finds that the amount, rate, and intenSity of new development in the County may cause serious problems affecting the environment, flooding, transportation, congestion, school 6vercrowding and other public facility decreases in level and quality of service, creating an emergency of immediate and future harm to the health, safety ahd welfare of the residents of the County; and b. The Board of Commissioners hereby finds that development in the County prior to the completion and adoption of updated Land Use Plans and revised Zoning Ordinance and Subdivision Regulations, other land use related administrative regulations and ordinances may result in inadequate and poorly located schools, sewer and water facilities, transportation fa~ilitiesi open space preservation, inadequate environmental protection and storm water management as well as the inability to provide adequate fire, law enforcement and emergency services to meet the public health, safety and welfare, so that any later attempt to implement the findings of such studies and resulting Land Use Plan and other objectives will be ineffectual and result in a concomitant harm to the County. SECTION 4. DEFINITIONS a. To the extent that the words and terms used herein are as defined in the Zoning Ordinance and Subdivision Regulations, and other land use related administrative regulations and ordinances of the County, as amended, they shall be accorded the same meaning and definition. b. To the extent there is a conflict between the definitions of words contained herein and words defined in the Zoning Ordinance, Subdivision Regulations and other land use related administrative regulations and ordinance, the definitions set forth herein shall prevail. c. The following words and terms used herein shall have the meaning set forth below: i. Application for Land Use Approval. An application for preliminary major residential subdivision plat approval (hereinafter referred to as an "application for land use approval"), pursuant to the Zoning Ordinance and Subdivision Regulations. ii. Applicant. The property owner, or duly designated agent of the property owner who files an application for land use approval or a vested rights determination pursuant to this Ordinance, iii. Board of Commissioners. The Board of Commissioners of Cabarrus County, North Carolina. iv. Vested Rights Determination. A determination made by the Board. of Commissioners or their designated agency pursuant to NCGS 153A-344.1 or other applicable common law ~rinciples of vested rights, estoppel or contractual right. v. IDO. The Interim Development Ordinance of the County. SECTION 5. APPLICABILITY a. Term of Ordinance. This Ordinance shall remain in effect from its effective date to the earlier of June 20, 2005 or the date of adoption of the updated Land Use Plans and revised zoning Ordinance and Subdivision Regulations, whichever is sooner. b. Affected Area. This Ordinance shall apply to all land within the county subject to County land use regulations. c. Type of Uses and Land Use Approvals Affected. This Ordinance shall apply, as and to the extent set forth herein, to any application for land use approval, as of the effective date of this Ordinance.