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Cabarrus County, NC I Adequate Public Facilities Ordinance Section 15-10. Scope of Determination; Reservation of Capacity. 1. A determination of adequacy of public facilities for a Development Order indicates that: a) Public Facilities are available at the time of issuance of the determination; and b) If the applicant provides Mitigation as provided in Section 15-8, that Public Facilities are considered available and adequate at all subsequent stages of the development approval process. If the applicant does not provide mitigation: 1) at the time of preliminary plat approval: adequacy will be tested again before a final plat is issued; and 2) at the time of rezoning (for applications that do not involve a subdivision): adequacy will be tested again before a site plan is approved; and 3) at the time of site plan approval (for applications that do not involve a subdivision): adequacy will be tested again before a building permit is approved. 2. The determination of Adequacy expires when: Note: This is referred to as a 'reservation" of capacity. An approval under this section that does not involve mitigation simply means that capacity is not reseIVed for subsequent stages of the approval process. Public facilities must stili be adequate in order to obtain approval However, the failure to reseIVe capacity could result in the delay of applications that occur later In the approval process. This could occur if applications that are approved after the determination take up the remaining capacity. a) the Development Order to which it is attached expires, lapses or is waived or revoked, or if the Applicant has not complied with conditions attached to its issuance, or b) the time frame for submitting a subsequent application for approval, recordation of a subdivision plat, or issuance of a certificate of occupancy expires, unless an application for a subsequent Development Order is submitted within the time frames set forth in this document. r-3 16