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Section 15-9 Impact Areas i. General a) Except as provided below, availability and adequacy of Public Facilities are determined only with respect to Public Facilities 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 respect to Public Facilities located within unincorporated Cabarrus County. b) Per Session Law 2004-39, H.B. 224, Cabarrus County may review proposed developments within an incorporated area of the County for compliance with the Level of Service standards for schools. 2. Intergovernmental Agreement. If the County Commission has entered into an intergovernmental agreement with 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 adapted by the adjacent county or municipality. Prior to the request for the Consent Agreement being presented to the Board of Commissioners, the Zoning Administrator will require that the adjacent county or municipality certify the proposed development will not cause a reduction in the Level of Service standards for those facilities lying within the adjacent county or the municipality. Section 15-10 Criteria 1. General The application for development approval complies with this Chapter only if Public Facilities are: a) adequate, as measured by the adopted level of service ("LOS'S, as set forth in this Section; and b) available, as set forth in the subsections that relate to the individual Public Facilities, below. DRAFT TEXT OPTION 2 8/20/2007 - 16 - C:\Documents and Setti~1gs\gkhoneycutt\Local Settings\Temporary Internet Files\OLK7\AP FO_d raftforBOCo ption2_08_20707_meeti ng.doc `s' - r~