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Cabarrus County, NC ~ Adequate Public Facilities Ordinance <br />4. If current available capacity is inadequate, Formula #2, above, is applied <br />(two (2) years of planned capacity). If future available capacity is <br />equal to or greater than the projected enrollment that will be produced by <br />the proposed development for all school types, the development may be <br />approved with conditions related to phasing or mitigation, and the <br />applicant shall be permitted to proceed through the development approval <br />process. <br />If future available capacity pursuant to Formula #2 is less than zero (0), <br />Formula #3, above, is applied (Five (5) years of planned capacity). If <br />future available capacity is then greater than or equal to the projected <br />enrollment that will be produced by the proposed development for all <br />school types, the application will only be approved with the following <br />conditions: <br />a) that Currently Available Revenue Sources are committed to all <br />Public Facilities in the Capital Improvements Program that are <br />needed to accommodate the impacts of the development; and <br />b) that phasing conditions are included that link the timing of new <br />development to Planned Capacity that will be available, as shown in <br />the Capital Improvements Program or that is guaranteed by <br />Mitigation as provided in subsection c), below; and <br />c) the applicant has agreed to Mitigation for its pro-rata share of <br />Planned Capacity. The Mitigation must include all proposed <br />development within the first two (2) years of the phasing program. <br />6. Applicants may propose mitigation measures to overcome a failure to <br />meet one or more LOS standards including, but not limited to, payment of <br />a pro rata share of facility capacity costs~Voluntary Mitigation Paymentl <br />necessary to accommodate the demand generated by the proposed <br />development. <br />7. Mitigation measures that involve the payment of money to the County or <br />School District to defray the per-unit impacts of school facilities must be <br />based on calculated capital costs associated with new construction. The <br />capital costs shall be re-assessed every five years. The Board of <br />Commissioners shall adopt the minimum mitigation amount based won <br />that calculation and the annual rate of inflation. The Marshall and Swift II <br />valuation service shall be the index used to calculate the rate of inflation. <br />The minimum amount of the Voluntary J~1iti4ation payment shall be_ _ _ I; <br />ado~d at the regular meeting in Janus of each year„,_ _ . _ . _ ~' <br />praft-ODtion 1-~ - '19 - - --6 <br />8 20 2007 I <br />t•\Do[uments and Settings~gkhonevcutt\Local Set[inas\TemlJOrarv Internet %' <br />Files\OLK7\APFO draftforBOCootionl 08 20 07meetinD DOG <br />Deleted: m <br />Deleted: <br />'' Deleted: p <br />'~~ Deleted: s <br />'I Deleted: on [he following amounts <br />Deleted: unless the applicant <br />demonstrates [hat actual per-unit <br />casts are less than this amount. <br />Formatted: Font: 10 p[ <br />Deleted: Drag <br />Deleted: For Discussion Only <br />Deleted: September 12, 2005JU1y <br />24, 2007¶ <br />5:\Planning\COmmontAPFO revisions <br />2005\OOC_Committee_OpOOns_D2R <br />s\APFO_dmftforeOCoptlonl_07_24_0 <br />zoa <br />Formatted: Font: 10 Dt <br />Formatted: Font: 10 pt <br />Deleted: C:\DOCUments and <br />Settings\sazakraisek\Local <br />Settings\Tempo2ry Internet <br />Files\OLK99tpPF0_draRforBOCoption <br />Deletetl: s:\Planning\fgmmon\APFO <br />'revisions <br />2005\BOC_Committee_Options_D2ft <br />swPFO_dmttforeOCoptionl_OB_20_0 <br />7mee0ng.DOCS:\Planning\COmmon4l <br />PFO revisions <br />2005\BOC_COmmiltee_Options_DraR <br />swPFO_draftfor000Option 1_oe_zo_o <br />G-~ <br />