AG 2003 07 28 - Laserfiche WebLink

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2.3 to develop and construct the Project in accordance with the uses, density and general configuration of development described and incorporated in Section 1 under the zoning, subdivision, development, growth management, platting, enwronmental, open space, transportation and other land use plans, laws and regulations in exmtence and effective on 6-19-03 for the Cabarrus County .lunsdiction and 6-21-03 for the Harrisburg .lurisdiction, and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Leqislative Powers. 2.2.2.0.1 Future Changes of Laws and Plans; Compelling Countervailing pul~lic Interest. Nothing in this Agreement shall limit the future exercise of the police power of the County in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations after the date of this Agreement. Notwithstanding the retained power of Cabarrus County to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights described in Section 2.2.1 based upon policies, facts and circumstances meeting the compelling countervailing public interest exception to the vested rights doctrine in the State of North Carolina. Any such proposed change affecting the vested rights of the Project shall be of general application to all development activity in Cabarrus County; and, unless Cabarrus County declares an emergency, Developer shall be entitled to prior written notice and an opportunity to be heard with respect to the proposed change and its applicability to the Project under the compelling countervailing public policy exception to the vested rights doctnne. The regulations, ordinances, policies and plans governing the permitted uses, density, and general configuration of the project hereby vested shall be those ~n effect on 6-19-03 for the Cabarrus County ]urisdiCtlOn and 6-21-03 for the Harrisburg .lurisdiction. Fees, 2.3.1 Development Review Fees. The Project has paid development review fees for the entire Project upon submission of the application for Preliminary Plat approval. No further fees or engineering expenses for a Preliminary Plat approval shall be charged to the Project. 2.3.2 Cabarrus County Plan Enqineerinq Review Fees.. Notwithstanding the foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final subdivision plat approval as are applicable at the time of application.