HomeMy WebLinkAboutAgenda 11-02-23; 12-6 - Information Item - Memorandum - Schools Adequate Public Facilities Ordinance Memoranda of Understanding 1
ORANGE COUNTY
NORTH CAROLINA
MEMORANDUM
TO: Board of County Commissioners
Bonnie Hammersley, Orange County Manager
Travis Myren, Orange County Deputy Manager
FROM: Cy Stober, AICP, Planning & Inspections Director
CC: Perdita Holtz, AICP, Deputy Director, Long-Range Planning &
Administration
DATE: November 2, 2023
SUBJECT: Schools Adequate Public Facilities Ordinance Memoranda of
Understanding
ATTACHMENTS 1. Diagram of Annual SAPFO Reporting Process
2. 2003 Memorandum of Understanding
In 2003, Orange County, the Orange County Schools (OCS) and Chapel Hill-Carrboro City Schools
(CHCCS), and the Towns of Chapel Hill, Carrboro, and Hillsborough agreed to Memoranda of
Understanding (MOU) pertaining to Schools Adequate Public Facilities (see Attachment 2 for the MOU
pertaining to the CHHCS; the OCS MOU features identical language). Earlier this year, Orange County
entered into a contract with Woolpert, Inc., to conduct a public school capital needs assessment.
Additionally, the school districts contracted with OREd (Operations Research and Education
Laboratory) at NC State University to produce land use studies and student membership projections,
similar to those reported annually by the Schools Adequate Public Facilities Ordinance Technical
Advisory Committee (SAPFOTAC), a committee comprised of staff from all signatories. OREd performs
this service for multiple counties, including Chatham and Wake. OREd is also being used by OCS and
CHCCS to provide technical assistance in their respective redistricting efforts.
Both Woolpert and OREd are nearing completion of their respective work and, depending on the final
results, modifications to part or all of the SAPFOTAC's annual report may be warranted. The MOUs
detail the components of the SAPFOTAC annual report. OREd is working on matters related to
projected student membership growth rates, the methodology used to determine these rates, and the
student generation rates, all of which are currently prescribed by Section 1.d of the SAPFO MOUs.
Changes to these aspects includes review and recommendation by the SAPFOTAC, and the Section
states"...the Orange County Board of Commissioners shall inform the other parties to the Memorandum
prior to February 1St in any year in which such change is intended to become effective what change was
made and why it was necessary." There is also language pertaining to the opportunity for all governing
boards to comment on the SAPFOTAC recommendation.
As shown in the diagram in Attachment 1, the annual SAPFO process begins in November, concurrent
to the work by both OREd and Woolpert. Given the February 1St deadline contained in the MOUs,
Planning staff endeavors to complete an analysis comparing the Woolpert and OREd results with the
standard SAPFO projections done by staff so that both the SAPFOTAC and BOCC can meet earlier
than usual to discuss concerns and recommend next steps. Doing so requires a SAPFOTAC meeting
in December in order to meet agenda item preparation deadline dates; the SAPFOTAC usually meets
in January and the BOCC releases the annual report for comment in March.
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Attachment 1 also shows a modified (expedited) process for this year that will be necessary to comply
with the MOUs regarding communicating changes to SAPFO partners.
Please contact Perdita Holtz, Deputy Director, at pholtz4Wangecountync.gov or at(919)245-2578 with
any questions on this topic.
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Attachme
STANDARD • ANNUAL REPORTING PROCESS
Nov. 15/ December 12 Early January Late January Mid-February March April May
NOv. 2� •BOCC accepts student •OC Planning prepares •SAPFOTAC meets to •SAPFOTAC comment •Draft Annual Report •Draft Report presented •SAPFO Annual
membership&school 10-yr student review draft Annual period ends transmitted to to all elected boards Report certified by
•OC Planning requests capacities at 2nd Dec. membership Report partners for review by for comment
student membership& BOCC at 2nd May
school capacities meeting projections BOCC meeting
•OCS&CHCCS provide •Annual Report drafted
figures
MODIFIED • ANNUAL REPORTING •CESS (PROPO
Nov. 15/ Late November December4 Mid-December January 17 BOCC February
Nov. 20 •OC Planning prepares 10-yr Meetin
student membership •BOCC accepts student •SAPFOTAC meets to review draft g •Either MOU modification
projections membership&school capacities Annual Report&projections process intiated by Planning
•OC Planning requestr student •SAPFOTAC findings presented for
at 1st Dec.meeting •Com ares staff ro ections to and/or Legal staffs;OR
membership&school capacities •Annual Report drafted P p � consideration
OREd projections •SAPFO Annual Reporting
•OCS&CHCCS provide figures •If appropriate,BOCC issues continues as prescribed above
notification to SAPFO partners to
modify MOUS and/or SAPFO
4.
SCHOOLS ADEQUATE PUBLIC FACILITIES
MEMORANDUM OF UNDERSTANDING
This Memorandum. of Understanding is entered into this --f-_1 day of ,
200_3, by and between the Town of Carrboro, the Town of Chapel Hill, the (tapu Hill-
Carrboro City Board of Education(the"School District") and Orange County.
WHEREAS, the portion of Orange County, served by the Chapel Hill/Carrboro School
System has for the past decade been experiencing rapid growth in population; and
WHEREAS, this growth, and that which is anticipated, creates a demand for additional
school facilities to accommodate the children who reside within new developments; and
WHEREAS, the responsibility for planning for and constructing new school facilities lies
primarily with the Chapel Hill/Carrboro School Board, with funding provided by Orange
County; and
WHEREAS, Chapel Hill, Carrboro, Orange County and the Chapel Hill School District,
have recognized the need to work together to ensure that new growth within the School District
occurs at a pace that allows Orange County and the School District to provide adequate school
facilities to serve the children within such new developments;
WHEREAS, the parties have worked cooperatively and developed a system wherein
school facilities are currently adequate to meet the needs of the citizens of the county and will
continue to maintain a Capital Investment Plan (CIP) that is financially feasible and
synchronized with historical growth patterns;
NOW, THEREFORE,the parties to this Memorandum hereby agree as follows:
Section 1. The parties will work cooperatively to develop a realistic Capital Improvement
Plan for the construction of schools such that, from the effective date of this
Memorandum, school membership within each school level (i.e. elementary,
middle or high) does not exceed the following:
Elementary School 105% of Building Capacity
Middle School 107%of Building Capacity
High School 110% of Building Capacity
a. For purposes of this Memorandum, the term "school membership" means
the actual number of students attending school as of November 15 of each
year. The figure is determined by considering the number of students
enrolled (i.e. registered, regardless of whether a student is no longer
attending school) and making adjustments for withdrawals, dropouts,
deaths, retentions and promotions. Students who are merely absent from
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class on the date membership is determined as a result of sickness or some
other temporary reason are included in school membership figures. Each
year the School District shall transmit its school membership to the parties
to this agreement no later than five (5) school days after November 15.
Within fifteen (15) school days after receiving the school membership
calculations from the School District,the Board of County Commissioners
shall approve the School District's school membership calculations.
b. For purposes of this Memorandum, "building capacity" will be determined
by reference to State guidelines and the School District guidelines
(consistent with CIP School Construction Guidelines/policies developed
by the School District and the Board of County Commissioners) and will
be determined by a joint action of the School Board and the Orange
County Board of Commissioners. As used herein the term "building
capacity" refers to permanent buildings. Mobile classrooms and other
temporary student accommodating classroom spaces are not permanent
buildings and may not be counted in determining the school districts
building capacity. The School District shall transmit its building capacity
to the parties to this agreement no later than five (5) school days after
November 15. Within fifteen (15) school days after receiving the building
capacity calculations from the School District, the Board of County
Commissioners shall approve the School District's building capacity
calculations.
C. Prior to the adoption of the ordinances referenced in Section 2, the parties
shall reach agreement on the following:
(i) A Capital Improvement Program (CIP) that will achieve the
objectives of this Memorandum;
(ii) A projected growth rate for student membership within the School
District's three school levels during the ten year life of the CIP;
(iii) A methodology for determining the projected growth rate for
student membership; and
(iv) The number of students at each level expected to be generated by
each new housing type(i.e.,the "student generation rate").
d. After the adoption of the ordinances referenced in Section 2, the Orange
County Board of Commissioners may change the projected student
membership growth rate, the methodology used to determine this rate, or
the student generation rate if the Board concludes that such a change is
necessary to predict growth more accurately. Before making any such
change, the Board shall receive and consider the recommendation of a
staff committee consisting of the planning directors of the Town(s) and the
County and a representative of the School District appointed by the
Superintendent. The committee shall provide, in a timely manner, a copy
of its recommendation to the governing boards of the other parties to this
memorandum at the time it provides such recommendation to the Board of
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Commissioners and the Board of Commissioners shall provide an
opportunity for those governing Boards to comment on the
recommendation. In making its recommendation, the committee shall
consider the following, and in making its determination, the Board of
Commissioners shall consider the following:
(i) The accuracy of the methodology and projected growth rate then
in use in projecting school membership for the current school
year;
(ii) The accuracy of the student generation rate then in use in
predicting the number of students at each level actually generated
by each new housing type;
(iii) Approval of and issuance of CAPS for residential developments
that, individually or collectively, are of sufficient magnitude to
alter, the previously agreed upon school membership growth
projections;.or
(iv) Other trends and factors tending to alter the previously agreed
upon projected growth rates.
If any such change is made in the projected growth rate, the methodology
for determining this rate, or the student generation rate, the Orange County
Board of Commissioners shall inform the other parties to this
Memorandum prior to February 1" in any year in which such change.is
intended to become effective what change was made and why it was
necessary.
e. The Orange County Board of Commissioners shall provide a copy of the
updated CIP to each of the parties to the Memorandum as soon as it is
revised, annually or otherwise.
Section 2. The towns and the county will adopt amendments to their respective ordinances,
conceptually similar to that attached hereto as Exhibit A, to coordinate the
approval of residential developments within the School District with the adequacy
.of existing and proposed school facilities.
Section 3. The following process shall be followed by the School District to receive and take
action upon applications for Certificates of Adequacy of Public School Facilities
("CAPS") submitted by persons who are required by an implementing ordinance
conceptually similar to that attached as Exhibit A to have such certificates before
the development permission they have received from the town or county becomes
effective.
a. On November 15th of each year, the School District shall calculate the
building capacity of each school level and the school membership of each
school level as of November 15th of that year. Also on November 15th of
each year, the School District shall calculate the projected building
capacity for each school level and the projected school membership for
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each school level as of November 15th in each of the following ten years.
These calculations shall be made in accordance with the provisions of
Section La and Section Lb. and also in accordance with the remaining
provisions of this section.
b. On November 15th of the year in which the calculation above is made, the
school building capacity numbers and the school membership numbers as
of November 15th of that year are known figures (i.e. not projections).
The twelve month period beginning on November 15th of the year in
which the calculation is made and ending on November 14th of the
following year is referred to as the"base year."
G. Projections of school building capacity as of November 15th in each of the
ten years following the base year shall be derived from the following:
(i) A calculation of the existing building capacity within each school
level;
(ii) The anticipated opening date of schools under construction;
(iii) The anticipated opening date of schools on the ten-year CIP for
which funding has been committed by the Board of
Commissioners as a result of an approved bond issue, an approved
installment purchase agreement, or otherwise; and
(iv) The anticipated closing dates of any schools within the School
District.
I In the first year in which the ordinance adopted pursuant to this
Memorandum becomes effective, school membership figures as of
November 15th in each of the succeeding ten years shall initially be
assumed to be the same school membership figures as are determined for
the base year. As CAPS are issued during the base year, school
membership figures for the base year and succeeding years shall be
modified to reflect the additional students from the developments for
which CAPS are issued.
e. On each November 15th following the first year in which the ordinance
adopted pursuant to this Memorandum becomes effective, school
membership figures as of November 15th in each of the succeeding ten
years shall be determined by adding to the school membership figures for
the base year the number of students projected to be added to the schools
in each successive year by developments for which CAPS have been
issued in accordance with this section.
f. When an application for a CAPS is submitted, the School District shall
determine the impact on school membership for each school level as of
November 15th in each year of the period-during which the development is
expected to be adding new students to the school system as the result of
such new construction. In making this determination, the School District
shall rely upon the figures established under Section 1 of this
Memorandum as to the number of students at each level expected to be
generated by each housing type, and data furnished by the applicable
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planning department as to the expected rate at which new dwellings within
developments similar in size and type to the proposed development are
likely to be occupied. Notwithstanding the foregoing, if, upon request of
the applicant, the planning jurisdiction approving- the development
imposes enforceable conditions upon the development (such as a phasing
schedule) to limit the rate at which new dwellings within the development
are expected to be occupied, then the School District shall take such
limitations into account in determining the impact of the development on
school membership.
g. The School District shall determine the amount of available capacity in
each school level as of November 15th in the base year and each
November 15th of the succeeding ten years by subtracting from the
building capacity numbers for each of those years the student membership
numbers for each of those years. The results shall then be compared with
the number of students expected to be added to each school level as of
November 15th in each year(as determined in accordance with subsection
3.f above). The School District shall make that information known to the
parties to this agreement within 15 days of the comparison. If the School
District determines that the projected remaining capacity of each school
level is sufficient to accommodate the proposed development without
exceeding the building capacity levels set forth in Section 1 of this
Memorandum then the School District shall issue the CAPS. If the
School District determines that the projected capacity of each school level
is not sufficient to accommodate the proposed development without
exceeding the building capacity levels set forth in Section 1, then the
School District shall deny the CAPS. If a CAPS is denied, the applicant
may seek approval from the appropriate planning jurisdiction of such
modifications to the development as will allow for the issuance of a
CAPS, and then reapply for a CAPS.
h. The School District shall issue CAPS on a "first come first served" basis,
according to the date a completed application for a CAPS is received. If
projected building capacity is not available and an application for a CAPS
is therefore denied, the development retains its priority in line based upon
the CAPS application date.
Section 4. A CAPS issued in connection with approval of a subdivision preliminary plat,
minor subdivision final plat, site plan, or conditional or special use permit shall
expire automatically upon the expiration of such plat, plan, or permit approval.
Section 5. .The towns and the county will provide to the School District all information
reasonably requested by the School District to assist the District in making its
determination as to whether the CAPS should be issued.
Section 6. The School District will use its best efforts to construct new schools and
permanent expansions or additions to existing schools in accordance with the CIP.
Section 7. Orange County will use its best efforts to provide the funding to carry out the
Capital Improvement Plan referenced in Section 1 above.
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Section 8.. In recognition of the fact that some new development will have a negligible
impact on school capacity, a CAPS shall not be required under the following
circumstances:
a. For residential developments restricted by law and/or covenant for a
period of at least thirty years to housing for the elderly and/or adult care
living and/or adult special needs;
b. For residential developments restricted for a period of at least thirty years
to dormitory housing for university students.
If the use of a development restricted as provided above changes, then before a
permit authorizing such change of use becomes effective, a CAPS must be issued
just as if the development were being constructed initially.
Section 9. The parties acknowledge that this Memorandum of Understanding is not intended
to and does not create legally binding obligations on any of the parties to act in
accordance with its provisions. Rather, it constitutes a good faith statement of the
intent of the parties to cooperate in a manner designed to meet the mutual
objective of all the parties that the children who reside within the School District
are able to attend school levels that satisfy the level of service standards set forth
herein.
The Town of Carrboro and the Town of Chapel Hill intend to remain committed
to the MOU only as long as Orange County continues to execute the CIP as
agreed in the MOU. If the Carrboro Board of Aldermen finds Orange County is
no longer in compliance with the CIP as outlined in the MOU, the Town of
Carrboro will no longer consider itself bound by this MOU and may consider
repealing the Ordinance referenced in Section 2 of this MOU. If the Chapel Hill
Town Council finds Orange County is no longer in compliance with the CIP as
outlined in the MOU, the Town of Chapel Hill will no longer consider itself
bound by this MOU and may consider repealing the Ordinance referenced in
Section 2 of this MOU.
This the 14- day of , 20915-•
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TOWN OF CHAPEL HILL
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Exhibit A
AN ORDINANCE AMENDING [ORANGE COUNTY DEVELOPMENT
ORDINANCES] TO REQUIRE THAT THE ADEQUACY OF PUBLIC
SCHOOL FACILITIES TO ACCOMMODATE NEW DEVELOPMENT
BE CONSIDERED IN THE APPROVAL PROCESS
WHEREAS, the portion of Orange County served by the Chapel Hill-Carrboro
City school system and the Orange County school system, have for the past decade been
experiencing rapid growth in population; and
WHEREAS, this rapid growth, and that which is anticipated, creates a demand for
additional school facilities to accommodate the children who reside within new
developments; and
WHEREAS, the responsibility for planning for and constructing new school
facilities lies primarily with the Chapel Hill-Carrboro City Board of Education and the
Orange County Board of Education,with funding provided by Orange County; and
WHEREAS, Carrboro, Chapel Hill, the Chapel Hill-Carrboro City Board of
Education and Orange County on the one hand and Hillsborough, the Orange County
Board of Education and Orange County on the other hand have recognized the need to
work together to ensure that new growth within the School Districts occur at a pace that
allows Orange County and the School Districts to provide adequate school facilities to
serve the children within such new developments; and
WHEREAS, to implement the Memoranda of Understanding among Carrboro,
Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County and
among Hillsborough, the Orange County Board of Education and Orange County, the
of desires to provide a mechanism to assure
that, to the extent possible, new development will take place only when there are
adequate public school facilities available, or planned, which will accommodate such
new development;
NOW THEREFORE, ORDAINS:
Section 1. Section of the Ordinance is amended by
adding a new to read as follows:
ADEQUATE PUBLIC SCHOOL FACILITIES
1. Purpose.
The purpose of this ordinance is to ensure that, to the maximum extent practical, approval
of new residential development will become effective only when it can reasonably be
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expected that adequate public school facilities will be available to accommodate such
new development.
[The Chapel Hill-Carrboro School District and the Orange County School District are
each declared an overlay district in order to implement Schools Adequate Public
Facilities as prescribed in this [article]. Within the Chapel Hill-Carrboro School District
Overlay District and within the Orange County School District Overlay District,
provisions of the Orange County Zoning Ordinance and Orange County Subdivision
Regulations which implement the Schools Adequate Public Facilities Ordinance are
applicable.]
2. Certificate of Adequacy of Public Schools Facilities.
(a) Subject to the remaining provisions of this [article], no approval under this
ordinance of a subdivision preliminary plat, minor subdivision final plat, site plan, or
conditional or special use permit for a residential development shall become effective
unless and until a Certificate of Adequacy of Public Schools Facilities (CAPS) for the
project has been issued by the School District.
(b) A CAPS shall not be required for a general use or conditional use rezoning or for
a master land use plan. However, even if a rezoning or master plan is approved, a CAPS
will nevertheless be required before any of the permits or approvals identified in
subsection (a) of this section shall become effective, and the rezoning of the property or
approval of a master plan provides no indication as to whether the CAPS will be issued.
The application for rezoning or master plan approval shall contain a statement to this
effect.
(c) A CAPS must be obtained from the School District. The School District will
issue or deny a CAPS in accordance with the provisions of the Memorandum of
Understanding among [Carrboro, Chapel Hill, the Chapel Hill-Carrboro City Board of
Education and Orange County dated or among Hillsborough, the Orange
County Board of Education and Orange County dated .]
(d) 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.
3. Service Levels.
(a) This section describes the service levels regarded as adequate by the parties to the
Memorandum of Understanding described in subsection (b) with respect to public school
facilities.
(b) As provided in the Memoranda of Understanding among [Carrboro, Chapel Hill,
the Chapel Hill-Carrboro City Board of Education and Orange County and among
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Hillsborough, the Orange County Board of Education and Orange County] (MOU or
MOUs), adequate service levels for public schools shall be deemed to exist with respect
to a proposed new residential development if, given the number of school age children
projected to reside in that development, and considering all the factors listed in the
MOUs, projected school membership for the elementary schools, the middle schools, and
the high school(s) within the [Chapel Hill-Carrboro City School District and within the
Orange County School District] does not exceed the following percentages of the
building capacities of each of the following three school levels:
Elementary School 105% of Building Capacity
Middle School 107% of Building Capacity
High School 110% of Building Capacity
[For the period of time beginning the effective date of this ordinance and terminating on
the day on which the third middle school within the Orange County School District is
first attended by middle school students, the determination by the Orange County School
District that adequate service levels for public schools exist shall be made as prescribed
above but without regard to whether or not projected capacity of the Middle School level
exceeds 107% of Building Capacity. On and after the day on which the third middle
school within the Orange County School District is first attended by middle school
students, determination by the Orange County School District that adequate service levels
for public schools exist shall be made only if projected capacity of each school level does
not exceed the following:
Elementary School 105% of Building Capacity
Middle School 107% of Building Capacity
High School 110% of Building Capacity
For the period of time beginning the effective date of this ordinance and terminating on
the day on which the third high school within the Chapel Hill-Carrboro City School
District is first attended by high school students, the determination by the Chapel Hill-
Carrboro City School District that adequate service levels for public schools exist shall be
made without regard to whether or not projected capacity of the High School level
exceeds 110% of Building Capacity. On and after the day on which the third high school
within the Chapel Hill-Carrboro City School District is first attended by high school
students, determination by the Chapel Hill-Carrboro City School District that adequate
service levels for public schools exist shall be made only if projected capacity of each
school level does not exceed the following:
Elementary School 105% of Building Capacity
Middle School 107% of Building Capacity
High School 110%of Building Capacity]
For purposes of this ordinance, the terms "building capacity" and "school membership"
shall have the same meaning attributed in the MOUS.
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4. Expiration of Certificates of Adequacy of Public Schools Facilities.
A CAPS issued in connection with approval of a subdivision preliminary plat,
minor subdivision final plat, site plan, or conditional or special use permit shall expire
automatically upon the expiration of such plat, plan, or permit approval.
5. Exemption From Certification Requirement for Development with Negligible
Student Generation Rates
In recognition of the fact that some new development will have a negligible
impact on school capacity, a CAPS shall not be required under the following
circumstances:
a. For residential developments restricted by law and/or covenant for
a period of at least thirty years to housing for the elderly and/or
adult care living and/or adult special needs;
b. For residential developments restricted for a period of at least
thirty years to dormitory housing for university students.
If the use of a development restricted as provided above changes, then before a
permit authorizing such change of use becomes effective, a CAPS must be issued
just as if the development were being constructed initially.
6. Applicability to Previously Approved Projects and Projects Pending
Approval.
(a) Except as otherwise provided herein, the provisions of this ordinance shall only
apply to applications for approval of subdivision preliminary plats, minor subdivision
final plats, site plans and conditional or special use permits that are submitted for
approval after the effective date of this ordinance
(b) The provisions of this ordinance shall not apply to amendments to subdivision
preliminary plats, minor subdivision final plats, site plans, or special or conditional use
permit approvals issued prior to the effective date of this ordinance so long as the
approvals have not expired and the proposed amendments do not increase the number of
dwelling units authorized within the development by more than five percent or five
dwelling units,whichever is less.
(c) The [Board of Commissioners] shall issue a special exception to the CAPS
requirement to an applicant whose application for approval of a subdivision preliminary
plat, minor subdivision final plat, site plan or conditional or special use permit covers
property within a planned unit development or master plan project that was approved
prior to the effective date of this ordinance, if the [Board of Commissioners] finds, after
an evidentiary hearing, that the applicant has (1) applied to the School District for a
CAPS and the application has been denied, (2) in good faith made substantial
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expenditures or incurred substantial binding obligations in reasonable reliance on the
previously obtained planned unit development or master plan approval, and(3) would be
unreasonably prejudiced if development in accordance with the previously approved
development or plan is delayed due to the provisions of this ordinance. In deciding
whether these findings can be made, the [Board of Commissioners] shall consider the
following, among other relevant factors:
(1) Whether the developer has installed streets, utilities, or other facilities or
expended substantial sums in the planning and preparation for installation of such
facilities which were designed to serve or to be paid for in part by the
development of portions of the planned unit development or master planned
project that have not yet been approved for construction;
(2) Whether the developer has installed streets, utilities, or other facilities or
expended substantial sums in the planning and preparation for installation of such
facilities that directly benefit other properties outside the development in question
or the general public;
(3) Whether the developer has donated land to the School District for the
construction of school facilities or otherwise dedicated land or made
improvements deemed to benefit the School District and its public school system;
(4) Whether the developer has had development approval for a substantial
amount of time and has in good faith worked to timely implement the plan in
reasonable reliance on the previously obtained approval;
(5) The duration of the delay that will occur until public school facilities are
improved or exist to such an extent that a CAPS can be issued for the project, and
the effect of such delay on the development and the developer.
(d) The decision of the [Board of Commissioners] involving a special exception
application under subsection (c) is subject to review by the Orange County Superior
Court by proceedings in the nature of certiorari. Any petition for review by the Superior
Court shall be filed with the Clerk of Superior Court within 30 days after a written copy
of the decision of the [Board of Commissioners] is delivered to the applicant and every
other party who has filed a written request for such copy with the Clerk to the Board of
Commissioners at the time of its hearing on the application for a special exception. The
written copy of the decision of the [Board of Commissioners] may be delivered either by
personal service or by certified mail,return receipt requested.
(e) The chair of the [Board of Commissioners] or any member temporarily acting as
chair may, in his or her official capacity, administer oaths to witnesses in any hearing
before the [Board of Commissioners] concerning a special exception or an appeal of
School District denial of a CAPS.
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7. Appeal of School District Denial of a CAPS.
The applicant for a CAPS which is denied by the School District may, within 30
days of the date of the denial, appeal the denial to the [Board of Commissioners]. Any
such appeal shall be heard by the [Board of Commissioners] at an evidentiary hearing
before it. At this hearing the School District will present its reasons for the denial of the
CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the
denial may present its reasons why the CAPS application should have, in its view, been
approved and the evidentiary basis it contends supports approval. The [Board of
Commissioners] may (1) affirm the decision of the School District, (2) remand to the
School District for further proceedings in the event evidence is presented at the hearing
before the [Board of Commissioners] not brought before the School District, or (3) issue
a CAPS. The [Board of Commissioners] will only issue a CAPS if it finds that the CAPS
should have been issued by the School District as prescribed in the MOU. A decision of
the [Board of Commissioners] affirming the School District may be appealed by the
applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an
appeal under Sections 6(d) and 6(e) of this ordinance.
8. Information Required From Applicants.
The applicant for a CAPS shall submit to the School District all information
reasonably deemed necessary by the School District to determine whether a CAPS should
be issued under the provisions of the MOU. An applicant for a CAPS special exception
or an applicant appealing a CAPS denial by the School District shall submit to the Board
of Commissioners all information reasonably deemed necessary by the Board of
Commissioners to determine whether a special exception should be granted as provided
in Section 6(d) of this ordinance or for the hearing of an appeal of a School District
denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a
CAPS special exception or of an appeal of a School District denial of a CAPS shall be
served on the superintendent of the School District. Service may be made by personal
delivery or certified mail, return receipt requested.
Section 2. This ordinance shall become effective
The foregoing ordinance, having been submitted to a vote, received the following vote
and was duly adopted this day of ) 200—.
Ayes:
Noes:
Absent or Excused:
lsg:orangecounty\sapfo ord rev 6-23-03 clean
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