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<br />December 20, 2004 (Regular Meeting)
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<br />Page
<br />
<br />33
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<br />before problems become unsolvable and planning options are
<br />irretrievably lost; and
<br />
<br />WHEREAS, adequacy of public facilities including, but not
<br />limited to, schools, transportation, storm water management and
<br />sewer and water provision are of immediate concern; and
<br />
<br />WHEREAS, the County has determined that an Interim
<br />Development Ordinance shall be adopted and put into effect until
<br />the planning process is complete, including but not limited to
<br />the update and adoption of Land Use Plans and revision and
<br />adoption of the Zoning Ordinance, subdivision. Regulations, and
<br />establishment of districts and other land use related
<br />administrative regulations and ordinances as necessary; and
<br />
<br />
<br />WHEREAS, the
<br />prohibit, restrict,
<br />any sketch plats,
<br />plats; and
<br />
<br />interim development ordinance
<br />or regulate the processing and
<br />major preliminary residential
<br />
<br />does hereby
<br />approval of
<br />subdivision
<br />
<br />WHEREAS, certain applications for land use approval may
<br />result in disputes over the existence and scope of vested rights
<br />for said land use approvals pursuant to NCGS 153A-344.1 and the
<br />common law; and
<br />
<br />WHEREAS, the continued development in the County without
<br />actions taken to manage growth, establish appropriate uses,
<br />intensities, design, compatibility, environmental protection,
<br />. ensure the adequacy of public facilities in the County and other
<br />county, city, state or regional service providers, poses an
<br />imminent and emergency threat to the public health, safety and
<br />general welfare of the County; and
<br />
<br />WHEREAS, this ordinance will promote the health, safety,
<br />and general welfare of the citizens of Cabarrus County, prevent
<br />overcrowding of land, avoid undue concentration of population,
<br />facilitate the adequate provision and location of pUblic
<br />facilities and services, including consideration to provide for
<br />management of growth; and
<br />
<br />WHEREAS, the County has determined that it is necessary
<br />that all applications for Preliminary Major Residential
<br />Subdivision Plat Approvals in the County, be subject to the
<br />provisions of this Interim Development Ordinance.
<br />
<br />NOW, THEREFORE, be it ordained that the Board of
<br />Commissioners of Cabarrus County, North Carolina, hereby adopts
<br />this Interim Development Ordinance, effective immediately and
<br />applicable to all development in the County, as follows:
<br />
<br />SECTION 1.
<br />This
<br />"Interim
<br />Carolina"
<br />emergency
<br />
<br />TITLE
<br />Ordinance
<br />Development
<br />(hereinafter
<br />ordinance.
<br />
<br />shall be known
<br />Ordinance of
<br />"IDO") and
<br />
<br />and may be cited
<br />Cabarrus County,
<br />is hereby adopted
<br />
<br />as the
<br />North
<br />as an
<br />
<br />SECTION 2. PURPOSE AND INTENT
<br />The purpose and intent of the IDO is:
<br />a. to declare an emergency in order to protect imminent and
<br />immediate threats to the health, safety, and the general
<br />welfare of the residents of the County;
<br />b. to protect the planning process during the studies, citizen
<br />forums and public hearings necessary for the formulation
<br />and adoption of updated Land Use Plans and amendments to
<br />the Zoning Ordinance, Subdivision Regulations and other
<br />land use related administration regulations and ordinances;
<br />c. to establish permanent standards for development in the
<br />County so as to ensure the availability and location of
<br />concurrent and adequate public facilities by state, county,
<br />regional, or other service providers (including
<br />transportation, storm water management, sewer, water,
<br />telephone, electric, and gas utilities, emergency services,
<br />fire, police, parks, open space, library and schools)
<br />consistent with the Land Use Plans and their objectives;
<br />and to evaluate appropriate levels of service and certainty
<br />of financing for such services and facilities necessary to
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