AG 2006 06 19 - Laserfiche WebLink

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include those for a~prior year or years, but shall not exceed the cumulative total for the year/years identified); Calendar year 2006, no more than 10 lots plattedi Calendar year 2007,' no more than: 10 lots platted. 1.2 Leqal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreement by this reference (the "Property"). No property may be added to the map de~cription for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off-property road improvements, this Consent Agreement shall not affect any land oth~r than the Property. 1.3 Approved Use and Density. This Consent Agreement shall recognize, with respect to the Project, the total number of subdivided, single-family residential lots, consisting of an overall maximum density not to exceed .38 units per gross acre of the Property. No multi-family units are approved for the proj ect . 1.4 Confiquration of Development. The configuration of the Project is recognized, as shown on the approved preliminary plan, copies of which are available in the Ca~arrus County office of Planning Services. The Project Plan is subject to revislon in accordance with the adequate facilities fees provisions of the C~barrus County Subdivision Regulations and the Cabarrus County Zoning Ordin~nce, as more fully set forth herein, and any applicable provisions of the Pfovisions of the Cabarrus County Zoning Ordinance. The Project Plan shall reflect the general location of roads and configuration of lots for the Project as shown on the preliminary plati subject to revision in accordance with the provisions of Cabarrus County ZoninG Ordinance. 1,5 Specific Conditions. The approval and development of this Project is subject to the following conditions as agreed upon by the Developer and County: A) fayment of a fee per single family lot to advance school adequacy (the: "base Adequate E'acilities Fee" or "ArF"} which may be adjusted annJally in accordance with a policy and/or schedule adopted by the Cabarrus :County Board of Corrunissioners (the "Board"). The ArF applicable to' this project currently is $4,034,00 per lot and the total AFF for all lots in this Project currently approved is $80,860.00 (the "Total Proj ect AFF") . B) Except as otherwise authorized in a written payment plan specifically appro~ed by the Board, a copy of which shall be attached hereto as Exhibit a and incorporated herein by reference, the Total Project AFF shall be due and payable upqn Final Platting of the current approved Project, or any phase thereof, whiqhever shall first occur. 2. Summary of Cabarru8 County Oetermination. Relatinq to the Project. The Board of Commissioners of Cabarrus County, acting in its legislative capacity, has made fthe following determinations with respect to the Project, including all find~ngs of fact and law as are necessary to make each of the following determinations; 2.1 County Determinations RelatinG to the proiect. 2.1.1 Permit APpro~als. The Project has received an approval recommendation, with the condition~ staff recommended, on the preliminary plat by action of the Cabarrus County Pl~nning and Zoning Board taken on May 18th, 2006. , 2.2 Recoqnized R~qhts In Base Adequate Facility Fee. , 2.2.1 RecoGnized R~qhtS. Subject to Section 1.S.A, the Project shall have the right to have the .ase Adequate Facilities Fee assessed in accordance with the subdivision plats approved and to develop and construct the Project in accordance with th& uses, density and general configuration of development described and inco~porated in Section 1 under the applicable zoning, subdivision, development, growth management, platting, environmental, open space, transportat~on and other land use plans, laws and regulations in ex~stence and effe~tive as of the date of final subdivision approval and the terms and conditio~s of this Consent Agreement. C::-IO