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DRAFT 01/02/03 (UNEDITED) -4- joint stock company, as well as an individual, state, all political subdivisions of state, or an agency or instrumentality thereof. "Affordable Housing" shall mean housing which limited to persons whose income is at or below fifty percent (50%) of the median family income in Cabarrus County. "Public Schools" shall mean all schools operated by law under the control of the School Board. "Residential" or "Residential Use" means Multi-Family Dwelling Units, Manufactured Homes or Single-Family Detached Houses as they are defined by this Ordinance. "Residential Construction" shall mean the construction or establishment of a Residential Use that occurs after the effective date of this Ordinance. "Restrictive Covenant" shall mean a provision in a deed limiting the use of the property by providing that no one under the age of 55 is permitted to permanently reside on the property. "School Board" shall mean the governing board for the Cabarms County and Kannapolis (City) Public Schools; the body that operates, controls, and supervises all free public schools within the County of Cabarrus, North Carolina, as authorized by Article IX of the Constitution of the State of North Carolina. "School Board Attorney" shall mean the person appointed by the School Board to serve as its counsel, or the designee of such Person. "School Facilities" shall mean those facilities of the school system including ancillary plants, auxiliary facilities, educational facilities, and educational plants, which a need is created for by new Residential Construction. "School Impact Fee" shall mean an impact fee which is imposed on new Residential Construction in connection with and as a condition of the issuance of a Certificate of Occupancy or final inspection and which is calculated to defray all or a portion of the costs of the School Facilities required to accommodate the impact to the school system of that new Residential Construction, and which fee is applied to School Facilities which reasonably benefit the new Residential Construction. An "Impact Fee" means any impact fee established pursuant to Sec. 721 of this Ordinance or an independent fee calculated and approved pursuant to Sec. 7-33 of this Ordinance. "School Impact Fee Fund" shall mean the separate special revenue fund created pursuant to Sec. 7-35 of this Ordinance. "School Impact Fee Schedule" means the impact fee amounts due and payable pursuant to Sec. 7-21, as may be amended from time to time.