HomeMy WebLinkAboutAgenda - 10-05-2010-13 (1)=Yl-For t~'~a ~'10~1 S~'Qm
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
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Administration '~ 131 W. Margaret Lane
(919) 245-2575 ~7 sz Suite 201
(919) 644-3002 (Fax) P O Box 8181
www.co.orange.nc.us ~°'~h ~&c°''°° Hillsborough, NC 27278
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Memo
to: Board of County Commissioners
Frank W. Clifton, Jr., County Manager
From: Craig N. Benedict, AICP, Planning Director
Shannon Berry, AICP, Special Projects Planner
date: October 5, 2010
rte: Certificates of Adequate Public Schools (CAPS) and the Schools Adequate Public
Facilities Ordinance (SAPFO)
This memorandum is provided. in response to a request by the BOCC on May 6, 2010 for an
overview of the number and status of CAPS that have been issued and the possibility of
marketing and transferring CAPS.
CAPS Issued -
The following tables provide the number of CAPS issued with the total students generated
by type, as determined by adopted student generation rates, from 2004 to present:
Orange County Schools
2004 2005 2006 2007 2008 2009 2010
Number of Certificates Issued 23 22 38 25 24 12 16
Housing Type
Single Family Lot 57 58 102 109 100 21 32
Other
Students Generated
Elementary 9 9 15 16 15
................
......... 3
_...........
............. 7
.............
...............
Middle
4 .........
.............4_............
...._....8_............
..............8 ....
7
2
3
............
High
5 ...........
................5_.............
............8_............
...............9....
.............8 ......
...............2..............
..............4
(continued)
Page2of2
October 5, 2010
Chapel Hill-Carrboro City Schools
2004 2005 2006 2007 2008 2009 2010
Number of Certificates Issued 1 7 6 12 7 1 5
Housing Type
Single Family Lot 1 92 50 11 119 69 50
Other 192 16 686 183 27 20
Students Generated
Elementary 0 34 18 66 37 14 10
Middle 0 17 10 30 19 8 6
High 0 20 12 31 23 10 7
Note: Information provided by Chapel Hill-Ca-rboro City Schools
The SAPFO and the Memoranda of Understanding (MOUs) include a provision that all
CAPS issued shall automatically expire upon the expiration of the plat, site plan, or permit
approval.
Please note, the student generation numbers do not match actual enrollment since SAPFO
and CAPS only capture new housing. Actual enrollment is also a product of new families
moving into existing housing stock which SAPFO cannot regulate. Also, the student
generation data does not include existing lots of record that were not subdivided, as the
development of single-family housing on existing lots of record are not required to receive
CAPS approval
Unused CAPS-
Currently, there is no mechanism within the SAPFO or the MOUs for tracking CAPS once
issued. The process, as included in the ordinance and MOUs, assumes that residential
developments issued CAPS are either developed and the students generated are captured
in the membership data reported annually in November or the CAPS have expired with the
permit or plan.
Additionally, the SAPFO specifically prohibits the selling or trading of unused CAPS, unless
transferred with the land/project to which the CAPS were issued. The ordinance states, "A
CAPS attaches to the land in the same way that development permission attaches to the
land. A CAPS may be transferred along with other interests in the property with respect to
which such CAPS is issued, but may not be severed or transferred separately."
All jurisdictions party to the SAPFO and MOUs have added the same language to their land
use regulations, following the model ordinance approved with SAPFO. No jurisdiction
permits the selling or trading of CAPS outside of the transfer of the land to which the CAPS
were issued.