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After suing Cabarrus County, developer asks for break

By Karen Cimino Wilson | Independent Tribune

Published: November 6, 2009

Niblock Development has asked to be allowed to delay payment on Cabarrus County's Adequate Public Facilities Ordinance fees for its Waterford on the Rocky River development.

"Our sales have been just a fraction of what they have been in the past," said William Niblock, who asked the county to accept the payment later in the process.

Cabarrus County commissioners have allowed other developers to delay payment of the fees, which help pay for local schools, until the builders are ready to file for a building permit for the property. The county's policy is to require payment when the property is platted, which is the process of dividing the property into lots.

Waterford is a development inspired by the Rocky River, which runs through it. The development is located off Shiloh Church Road near the N.C. 73 intersection and will have 60- to 90-foot lots. The average home costs about $500,000 and the community includes a swimming pool, playground and greenways.

Niblock has already paid more than $200,000 in APFO fees to the county for the Waterford project, he said. The developer is suing the county for the return of those fees and now wants to delay fees on the next segment of the subdivision.

Tough economic times have forced Niblock to build houses with a smaller price tag averaging about $250,000, Niblock said.

"We're asking that we can pay the fee at the time of permitting," Niblock said. "Getting financing for a project like this is nearly impossible right now. The fees are a significant portion of the expense."

Commissioner Jay White said the county must meet in closed session with the county attorney to discuss the request, because Niblock Development is suing the county along with 19 other developers.

The lawsuit, which was filed on Oct. 9, demands the county repay $2.6 million in adequate facilities fees to the developers. The lawsuit cites an August decision by Judge David Lee of Union County, ruling that Cabarrus County's APFO is unlawful and also cites a state statute that forces a county or municipality to refund fees, with interest, that were later ruled illegal.

Editor's note: Comments on this story have been disabled because they have strayed off topic.

• Contact Karen Cimino Wilson: 704-789-9141