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<br />1.3 Approved Use and Density. This Consent Agreement shall recognize, with
<br />respect to the Pro'ect, the total number of subdivided, single family
<br />residential lots, consisting of an overall maximum density not to exceed 2.72
<br />units per gross acre of the Property. No multi-family units are approved for
<br />the Project.
<br />
<br />1.4 Configuration of Development. The configuration of the Project is
<br />recognized as shown on the approved preliminary plan, copies ,of which are
<br />available in the Cab~rrus County office of Planning Services. The Project Plan
<br />is subject to revi.ion in accordance with the adequate facilities fees
<br />provisions of the Cabarrus County Subdivision Regulations and Cabarrus County
<br />Zoning ordinance, as more fully set forth herein, and any applicable provisions
<br />of the provisions of the Town of Harrisburg Unified Development Ordinance
<br />(UDO). The Project; Plan shall retlectthe general location of roads and
<br />configuration of lQtsfor the Project as shown on the preliminary plan; subject
<br />to revision in accordance with the provisions of The Town of Harrisburg Unified
<br />Development Ordinance(UDO)
<br />
<br />1.5 Specific Conditions. The approval and development of this Project is
<br />subject to the following conditions as agreed upon by the Developer and
<br />Cabarrus County Board of CO\1Ullissioners:
<br />
<br />A) Payment of $4034.00 per single family lot, to advance school
<br />adequacy, which will be adjusted annually for inflation in accordance with a
<br />policy established and adopted from time to time by theCabarrus County Board
<br />of Commissioners, Total payment for the current approved Project is $605100.00.
<br />
<br />B) Payment is to be made at the issuance of Building permitting, or
<br />may be paid inaccQrdance with a written payment plan specifically approved by
<br />Cabarrus County, a 'copy of which is attached hereto as Exhibit Band
<br />incorporated herein by reference.
<br />
<br />2. Summary of Cabarrus County Dete~nations Relating ,to the
<br />Project.
<br />
<br />The Board of, CO\1Ullissioners ofCabarrus County, acting in its legislative
<br />capacity, has made the following determinations with, respect to the ,Project,
<br />including all findings o,f fact and 'law as are necessary to make each of the
<br />foll~wing determinations:
<br />
<br />2.1 County Determinations Relating to the Project.
<br />
<br />2.1.1 Permit Appro'll'als~ The Project hall received an approval reco\1Ullendation,
<br />with the conditions staff recommended, on the preliminary,plat by action of the
<br />Town of Harrisburg Planning and Zoning Board taken on January 19, '2005.
<br />
<br />2.2 Recognized Rights In Base AdeqUate Facility Fee.
<br />
<br />2.2.1 Ree nized Ri hts, Subject to Section 1.5:A, the Project shall have the
<br />right to ave ,the base Adequate Facilities Fee assessed in accordance with the
<br />subdivisi n plats approved and to develop and construct the Project in
<br />accordanc with the uses, density and general configuration of development
<br />described and incoIl>orated in Section 1 under the applicable zoning,
<br />subdivision, development, growth management, platting, environmental, open
<br />space, transportation and other land use plans, laws and regulations in
<br />existence and effective as of the date of final subdivision approval and the
<br />terms and conditions of this Consent Agreement.
<br />
<br />2.2.2 Reserved Legi.lative Powers.
<br />
<br />2.2.2.0.1
<br />
<br />Future Changes of Laws and Plans; Compelling
<br />Countervailing Public Interest.
<br />
<br />Nothing in this Agreement shall limit the future exercise,of the police power
<br />of the Town of Harrisburg and the County in enacting zoning, subdivision,
<br />development, growth,management, platting, environmental, open space,
<br />transportation and other land use plans, policies, ordinances and regulations,
<br />including without Hmitation, the enactment of impact fees and the application
<br />thereof, after the date of this Agreement. Any such proposed change affecting
<br />the recognized rights of the Project shall be of general application to all
<br />development activity in The Town of Harrisburg or Cabarrus County.
<br />
<br />2.3 Fees.
<br />
<br />[:-5
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