AG 2003 12 15 - Laserfiche WebLink

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2.2.2.0.1 Future Changes of Laws and Plans; Compelling Countervailing Public Interest. Nothing in this Agreement shall limit the future exercise of the police power of the County in enacting zoning, subdivision, development, growth management, platlJng, 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 Se~on 2.2.1 based upon policies, facts and circumstances meeting the compelling countervailing public interest exception to the vested dghts 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 pdor 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 doctrine. The regulations, ordinances, policies and plans governing the permitted uses, density, and general configuration of the project hereby vested ~hall be those in effect on 12-15-03. 2.3 Fees. " e 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 C~abarrus County Plan Enoineerino 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. 2.3.3 Other Fees. Cabarrus County may charge other review fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion control plan review fees. ~- , 3. Successors and Assigns. ' ' - - ~ , '{ -;,. 3.1 Bindino Effect. This Agreement shall be binding on the successors and assigns of the Developer in the ownership or development of any portion of the Project., ' ~ :