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Cabarrus County, NC ~ Adequate Public Facilities Ordinance ,Section l5-~---ImpactArea~---------- .------------------_____~ 1. General -' -- --- Deleted:l a) Except as provided below, availability and adequacy of Public ~ Deleted: a Facilities are determined only with respect to Public Facilities ; Deleted: determination of Adequacy located within the unincorporated areas of Cabarrus County. If part of the impact area lies in a municipality in the County or an ; ~~ unincorporated area of Mecklenburg, Union, or Rowan Counties, absent an intergovernmental agreement with the County or municipality, availability and adequacy are determined only with k ' respect to Public Facilities located within unincorporated Cabarrus ; ~ County. ~~ ''' i; i ' b) Per Session Law 2004-39, H.B. 224, Cabarrus County may review i J; ! ;;: proposed developments within an incorporated area of the County ;'~ for compliance with the level of ~rvice standards for schools. _ _ _ _ - ; ~r 2. Intergovernmental Agreement. ;,; ~i ) If the County Commission has entered into an intergovernmental agreement with i ; ~; an adjacent county or with a municipality to evaluate Public Facilities in such ;;~ areas, an Applicant is subject to the evaluation of the Level of Service standard ''~ for the facility as adopted by the adjacent county or municipality. Prior to thG_ r~uest for Reservation of Capacity Certificate beingpresented to the Board of Commissioners, the Zoning Administrator will require that the adjacent county or reduction in the_ _ development will not cause a municipality certity~he proposed _~ _ ._ Level of Service standards for those facilities lying within the adjacent county or ; the municipality. ,, Section 15;0 _Criteri~ - ---- - '~~ ' J , 1. General The application for development approval complies with this Chapter,oniy if ,' ; Public Facilities are: '' a) adequate, as measured by the adopted level of service ("LOS"), as ;' set forth in this Section; and ~~';, ' ~' b) available, as set forth in the subsections that relate to the individual ~ '; ~ Public Facilities below. r t.,,, I'~' • l , I ;, ; draft-OQtionl-:__. -------.15------------------------------ ; , 1.4.';' 8 20 2007 5' Documents and Settings\akhonevcutt\Local SettingsLTemporary Internet_ _ _ _ _ _ _ _ _ _ _ _ _ _ ji Files\OLK7\APFO draftforBOCodtionl 08 20 07meetinD DOG_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~! Deleted: Q Deleted: 9.6 Deleted:. Deleted: !IL• Deleted: that issuance of a Development Order for Deleted: Section 15-10.. Sappe o(DeGerminadon.~ a 1.. A tleterminadon of adequacy of public fadlides far a Development Order indicates that:¶ a) .Public Facilities are available at the Ome of issuance of the determination; and¶ A b) If the applicant provides Mitigation as provided in Section 1S- 8 that Public Fatllities are considered available and adequate at all subsequent stages of the development approval process. If the applicant does no[ provide mitigation:¶ 1) . at the time of preliminary plat approval: adequacy will be tested again before a final plat is issued; ands 2) . a[ [be time of rezoning (for applications that do no[ invdve a subdivision): adequaq will be tested again before a site plan is approved; and¶ 3) . at [be dme of slte plan a ,,, 21 deleted: 11.7 Deleted: . Deleted:Y Deleted: ¶ Formatted: Fant: 10 pt Deleted: Drag ' Deleted: For Discussion Only Deleted: September 12, 2005Ju1y 24, 2007¶ ... 22 Formatted: Font: 10 p[ Formatted: Font: 10 pt Deleted: C:\DOCUments and ' Se[tlngs\sazakrdlsek\LOCaI ... 23 Deleted: S:\Plannirg\Common\APFO ' revisions 24 G'