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♦ Chapter Fifteen Adequate Public Facilities Ordinance 1) For a subdivision that consists of single family detached residences, the greater of 5 dwelling units per year or 10% of the proposed number of dwelling units, but no more than 15 dwelling units per year. 2) For townhouses, 10 dwelling units each year or 10% of the number of dwelling units, whichever is greater, but no more than 15 dwelling units per year. 3) For multifamily or other residential units, 11 dwelling units each year or 10% of the total number of units, whichever is greater, but no more than 20 dwelling units per year. This subsection applies to a proposed development that includes a mix of housing types that includes both single family detached residences and townhouses or multifamily/ other dwelling units. b) These dwelling units shall not be constructed until the five years has expired unless the applicant agrees to provide mitigation measures for the project that defray the pro -rata impacts on school facilities for each dwelling unit constructed during the initial five year period. b) For any year where a phasing schedule as provided in subsection a) applies, the applicant may elect to retest its remaining development against future available capacity. If the remaining development then meets Formula #1, Formula #2, or Formula #3, above, as certified by the Cabarrus County Commerce Department, the applicant may proceed subject to the conditions that apply to that formula. This subsection does not apply unless the Cabarrus County Commerce Department determines that the subsequent buildout, phasing or mitigation complies with this section. 6. Applicants may propose mitigation measures to overcome a failure to meet one or more LOS standards including, but not limited to, payment of a pro rata share of facility capacity costs necessary to accommodate the demand generated by the proposed development or timing the proposed development so that phasing is linked directly to available capacity. 7. Mitigation measures that involve the payment of money to the County or School District to defray the per -unit impacts of school facilities must be based on calculated capital costs associated with new construction. The capital costs shall be re- assessed every five years. The Board of Commissioners shall adopt the minimum mitigation amount based upon that calculation and the annual rate of inflation. The Marshall and Swift valuation service shall be the index used to calculate the rate of inflation. The Adopted 8/20/2007 19 Cabarrus County Revisions 4/10/2008 Amended 5/19/2008 Attachment number 1 G -2 Page 208