Laserfiche WebLink
DRAFT <br />01/02/03 <br />(UNEDITED) <br /> <br />-10- <br /> <br />the time of the application for a Building Permit that the new Residential Construction for which <br />the Building Permit is requested is intend to provide housing for persons who are 55 years of age or <br />older; and <br /> <br /> 2. Prior to the issuance of a Certificate of Occupancy or, where a Certificate of <br />Occupancy is not required, prior to final inspection, a Restrictive Covenant limiting the use of the <br />property by providing that no one under the age of 21 is permitted to permanently reside on the <br />property shall be filed with the deed on the parcel for which the School Impact Fee waiver is <br />sought; and <br /> <br /> 3. Prior to the issuance of a Certificate of Occupancy, or where a Certificate of <br />Occupancy is not required, prior to final inspection, a copy of the recorded Restrictive Covenant <br />shall be produced to the County in lieu of payment of the School Impact Fee. However, where a <br />breach or dissolution of such Restrictive Covenant occurs, a School Impact Fee shall be due <br />pursuant to the School Impact Fee Schedule in place at the time of the change in circumstances. <br /> <br /> F. Alternative Form of Payment. Nothing herein precludes the Board of Commissioners <br />from entering into agreements with affordable housing providers to subsidize the School Impact Fee <br />assessed by this Ordinance. The Board of Commissioners states that its policy is to fully subsidize <br />the School Impact Fees due from programs providing Affordable Housing within Cabarrus County. <br />Nothing herein precludes the Cities from subsidizing the School Impact Fee on behalf of any <br />Applicant. Subsidies made by the Board of Commissioners shall require that an amount equivalent <br />to the School Impact Fee due be transferred into the School Impact Fee Fund prior to the issuance of <br />a Certificate of Occupancy or a final inspection conducted. All subsidies shall be made in <br />accordance with G. S. § 158-7.1. <br /> <br /> G. Effect of Payment of School Impact Fees on Other Applicable County Land <br />Development Regulations: <br /> <br /> 1. The payment of School Impact Fees shall not entitle the Applicant to a Building <br />Permit, Certificate of Occupancy, or a final inspection as such other requirements, standards and <br />conditions are independent of the requirements for payment of a School Impact Fee. <br /> <br /> 2. Neither these procedures nor this Ordinance shall affect, in any manner, the <br />permissible use of property, density/intensity of development, design and improvement standards <br />or other applicable standards or requirements of the Cabarrus County Comprehensive Plan, the <br />Cabarrus County Zoning Ordinance, or the Cabarrus County Code of Ordinances which shall be <br />operative and remain in full force and effect without limitation. <br /> <br /> H. Any new Residential Construction which is determined to be waived from the <br />payment of School Impact Fees but which, as a result of a change in circumstances, produces a <br />Dwelling Unit not exempt nor entitled to a waiver pursUant to Subsections D or E hereto, shall <br />pay the School Impact Fee imposed by Subsection A according to the Impact Fee Schedule in <br />effect at such time as the change in circumstances occurs. <br /> <br /> <br />