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HomeMy WebLinkAboutAgenda - 06-26-2003-9CORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: June 26, 2003 Action AgendQ a Item No. ~" ~. SUBJECT: Schools Adequate Public Facilities Memorandum of Understanding and Ordinance DEPARTMENT: County Manager/Planning/ County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 6/16/03 BOCC Chair Memo 6/25/03 County Attorney Letter Explanation of Revisions (Enclosure 1) Memorandum of Understanding -CHCSD Memorandum of Understanding Addendum -CHCSD Memorandum of Understanding - OCSD Memorandum of Understanding Addendum - OCSD Ordinances amending the Orange County Zoning Ordinance and the Orange County Subdivision Regulations necessary to implement SAPFO INFORMATION CONTACT: John Link or Rod Visser, ext. 2300 Craig N. Benedict, ext. 2592 Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 (336)227-2031 PURPOSE: To consider adoption of the revised Schools Adequate Public Facilities Memoranaa of Understanding (MOUs) and ordinance. Two MOU agreements are attached -one pertaining to the Chapel Hill-Carrboro School District (CHCSD), and one pertaining to the Orange County School District (OCSD). BACKGROUND: The Board of County Commissioners (BOCC) adopted a previous version on December 10, 2002. Changes in the Certificate of Adequate Public Schools (CAPS) issuance process have been made in the MOU since that time. Enclosure 1 explains the minor changes. A post December MOU addendum has been added to the Chapel Hill Carrboro School District (similar to the one in the Orange County School District for the middle school) to temporarily suspend the adequacy test for the high school. History: For the past several years, the governing boards of the County, Towns and school systems as well as the Schools and Land Use Councils have been discussing and developing the consensus, research and regulatory framework necessary to adopt a School Adequate Public Facilities system. As noted in the MOU, this process reflects the recognition of the need to work together to ensure that new growth within the County's two school districts occurs at a pace that allows Orange County and the school districts to provide adequate school facilities to serve the children within new developments. It is also important to continue to maintain a Capital Investment Plan (CIP) that is financially feasible and synchronized with historical residential growth patterns. The Board reviewed and discussed a wide range of documents related to school adequate public facilities at their October 21, 2002 work session, and again at the October 30, 2002 meeting of the 2 Assembly of Governments. The Board further discussed schools adequate public facilities at the November 19, 2002 meeting and then gave approval of the MOUs at the December 10, 2002 meeting. The Planning Board had previously recommended approval of the MOU and model ordinance on May 1, 2002. Recent Activity: Since December, 2002, respective staffs have been working with Schools APFO partners to specifically address three issues within the Chapel Hill/Carrboro School District. Previously within the Orange County School District the Middle School Level of Service overcapacity situation was addressed by a temporary suspension of the Certificate of Adequate Public Schools (CAPS) adequacy test. What follows is, therefore, specific to a few unresolved issues in the Chapel Hill/Carrboro School District. 1. Chapel Hill/Carrboro School District's Middle School projected Level of Service overcrowding in later years; 2. Chapel Hill/Carrboro School District's High School projected Level of Service overcrowding in early years; 3. The mechanics of the CAPS system. Resolution: Item 1 was resolved by a Board of County Commissioners letter of April 29, 2003 of long-term commitment and fiscally prudent process to funding school facilities. Item 2 was recommended to be resolved by temporary suspension of the Certificate of Adequate Public Schools adequacy at the High School level (similar to the Orange County School District Middle School). (See Addendum Al and A2) Item 3 was addressed by rewording to the Memorandum of Understanding and Schools APFO. (See Enclosure 1) Scheduled Adoptions: All local governments are scheduling adoption of the MOU and ordinances as follows: Chapel Hill -June 23, 2003, Carrboro -June 24, 2003, Orange County -June 26, 2003, and Hillsborough -July 13, 2003. Chapel Hill-Carrboro Board of Education - to be determined Orange County Board of Education - to be determined The school districts are in the process of scheduling the revised MOU but do not have to adopt an ordinance. The status of what version they have approved is being researched. FINANCIAL IMPACT: There is no financial impact directly associated with this discussion. However, decisions that the BOCC and Schools APFO partners will make regarding possible implementation of the MOU and Ordinance will have a profound impact on the need for and timing of future school construction in both school districts in Orange County. RECOMMENDATION(S): The Administration recommends that the Board approve the respective Memorandums of Understanding for the Chapel Hill-Carrboro School District and Orange County School District and adopt the ordinance necessary to implement Schools APFO with an effective date as the Board decides. MARGARET W. BROWN, CHAIR ORANGE COUNTY BOARD OF COMMISSIONERS ALICE M. GORDON, I~/CE CHAR POST OFFICE BOX 81 81 MOSES CAREY, JR. STEPHEN H.!-/AUaorrs 200 SOUTH CAMERON STREET BARRYJACOBS HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM ®/~4i~\\ fN ~ ~..~_/i \th agaco~. TO: The Orange County Board of Commissioners The Honorable Mike Nelson, Mayor, Town of Carrboro and Board of Aldermen The Honorable Kevin Foy, Mayor, Town of Chapel Hill and Chapel Hill Town Council The Honorable Valerie Foushee, Chair, Chapel Hill-Carrboro Board of Education and Board Members The Honorable Joe Phelps, Mayor, Town of Hillsborough and Board of Commissioners The Honorable Brenda Stephens, Chair, Orange County Board of Education and Board Members FROM: Margaret Brown, Chair, Orange County Board of Commissioners DATE: June 16 2003 SUBJECT: Schools Adequate Public Facilities Memorandum of Understanding and Ordinance (JUNE 2003 REVISED) COPIES: Schools and Land Use Councils Members, School Facilities Task Force Members, School Superintendents, County and Town Managers, Attorneys, Planning Directors On December 10, 2002 the Board of County Commissioners (BOCC) unanimously recommended approval and forwarding of the Schools Adequate Public Facilities Memorandum of Understanding (MOU) and model Ordinance (Schools APFO) to the respective local governments and school boards. There have been a few revisions since then, prepared by a group of Planning Directors, Attorneys, School Representatives (PDASR), to address recent issues (since late February of this year), which are explained herein. The four-year process of developing these documents has been an important and progressive collaboration of many parties to create a policy and ordinance that will help maintain the high quality of education that serves as a linchpin to the quality of life in Orange County. The amendments are minor and an item by item annotation of these changes are enclosed. (See Enclosure No. 1 entitled "Explanation of Revisions to the Schools Adequate Public Facilities Memorandum of Understanding and Ordinance" from the June 4, 2003 Planning Directors, Attorneys, School Representatives work group) www. co. orange. nc. us Protecting and preserving -People, Resources, Quality of Life Orange County, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 4 Amendments Over the past eight months, these two documents were amended from the earlier drafts of the Schools and Land Use Councils (SLUG) (November 14, 2001 approval and February 8, 2002 transmittal) and the School Facilities Task Force (BETE). The amendments, drafted to address comments from various public hearings, are summarized below. Some recent comments that were previously addendums are now incorporated into the Memorandum of Understanding or were resolved by a previously sent letter of explanation (i.e., long range school CIP commitments letter of April 29, 2003). Certain changes affect both district's MOU's and some are specific to the district. 1. Permit a more extensive review process when evaluating updated School APFO elements each year (both district MOU's). 2. Additional emphasis on CIP development (both district's MOUs). 3. `Suspension' of adequacy test (for Certificate of Adequate Public Schools [CAPS]) at Orange County Middle School level until new Middle School opens (GIP planned for 2005-06) (Orange County School District only). 4. `Suspension' of adequacy test (for Certificate of Adequate Public Schools (CAPS]) at Chapel Hill/Carrboro High School level until new High School opens (GIP planned for 2006-07) (Chapel Hill/Carrboro School District only). 5. Clarification of the historical membership projections that are used in the CIP process and housing development Student Generation Rates projections that are used in the CAPS system. Transmittal of Documents Accompanying this memorandum are the following documents: 1. Schools Adequate Public Facilities Memorandum of Understanding and Model Ordinance (Revised by County Attorney after PSASR workgroup collaboration on 6/4/03 (Attachment A -base MOU and Ordinance] Amended by addendum (attachments A 1 and A2 below) ~Aftachment Al -applies to the Chapel Hill/Carrboro School District Area) (Attachment A2 -applies to the Orange County School District Area) The MOU includes all of the general understandings used in the proposed implementing model ordinance (Schools APFO). There are three base and four annual elements of the MOU that need to be accepted prior to ordinance adoption to provide the technical basis and resulting methodology for the Schools APFO system. These elements are listed in Section 1 b and 1 c of the MOU and were likely previously approved by the various parties. www. co. orange. nc. us Protecting and preserving -People, Resources, Quality of Life Orange Counfy, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 Adoption and Implementation There are only minor changes to the Schools Adequate Public Facilities MOU and model ordinance documents. The approval process may or may not include an additional public hearing and adoption meeting for the actual ordinance by local governments (but local governments may process these new amendments accordingly). The MOU minor changes and implementing ordinance can be evaluated in one process, since it is anticipated that the MOU could be approved with the chosen seven elements (in Section 1 b and 1 c) prior to or together with the adoption of the ordinance. It is suggested that the time for implementing the ordinance be July 15, 2003. This time frame would allow time for the necessary preliminary work and approvals. All parties, to my knowledge, are working these amendments into their agenda schedule prior to that time. Craig Benedict, Orange County Planning and Inspections Director (and one of the PDASR work group team members that included your attorney and planning director or other representative), is available to meet with you or your board to answer questions as the public hearing and adoption process continues. They can also explain the ongoing preliminary work necessary for implementation. Conclusion The preparation of the Schools Adequate Public Facilities MOU and model Ordinance represents a major effort of many elected officials, contributing boards, committees, and work groups. There have been many benefits already from improved data standardization, collection, and reporting and from cooperative planning and discussion among all the parties. The proposed ordinance can help us ensure that our school construction keeps pace with our rapid growth, so that our children can be educated in facilities that truly meet their needs. Excellent schools are essential elements of our quality of life here in Orange County. Thank you very much for your consideration of the Memorandum of Understanding and Schools Adequate Public Facilities Ordinance. Please respond with any concerns or questions to me at (919) 929-6460 or Craig Benedict, Orange County Planning Director at (919) 245-2592. www. co. oranpe.nc. us Protecting and preserving -People, Resources, Quality of Life Orange Counfy, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 ~9 LAW OFFICES COLEMAN, GLEDHILL, HARGRAVE & PEEK A PROFESSIONAL CORPORATION 129 E. TRYON STREET P. O. DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919.732-2196 FAX 919-732.7997 www.cgandh.com June 25, 2003 Margaret Brown, Chair Moses Carey, Jr. Alice M. Gordon Stephen Halkiotis Barry Jacobs Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 FROM THE DESK OF GEOFFREY E. GLEDHILL E-MAIL: geoffreygledhill@cgandh.com R8: Schools Adequate Public Facilities Implementation Dear Board Members: At your meeting tomorrow night you will consider approving revised memoranda and associated addenda as part of the Schools Adequate Public Facilities program in both the Chapel Hill- Carrboro City School District and the Orange County School District. You also will consider approving amendments to the Orange County Zoning Ordinance and the Orange County Subdivision Regulations which will implement the Schools Adequate Public Facilities program in Orange County's planning jurisdiction. The Orange County land use ordinance amendments implement the Schools Adequate Public Facilities program by creating two overlay districts, one for the Chapel Hill-Carrboro City School District, the other for the Orange County School District. The administration recommendation is for approval of the MOUs, the addenda to the MOUs and the ordinances. There is no administration recommendation with respect to the effective date of the ordinances. 7 Orange County Board of Commissioners Page 2 June 25, 2003 At a recent staff and attorney work group meeting attended by representatives of all of the local governments with planning jurisdiction but not attended by representatives of the boards of education, a "plan" was made that would permit all parties to the MOUs to approve them and approve the corresponding land use ordinances on or before July 15. With that in mind, it was planned that the enabling ordinances would be effective July 15, 2003. However, making the County ordinances effective July 15, 2003 assumes that the other government approvals will occur. Because of meeting schedules, it will not be possible for Orange County to be the last to act on the Schools Adequate Public Facilities program. And, because of the Board of Commissioners' summer meeting recess, it will not be possible for the Board of Commissioners to respond to actions of other governments between June 26, 2003 and your first meeting in August 2003. Because of this and because of the more important reason discussed below, I recommend that the effective date for the County ordinances be as follows: This ordinance shall become effective on the date that an MOU has been executed by all of Carrboro, Chapel Hill, the Chapel Hill-Carrboro Board of Education, Hillsborough, the Orange County Board of Education and Orange County. Over the years that the Schools Adequate Public Facilities program has been discussed, the idea of having this program in one school district and not the other has also been discussed from time to time. It is possible to implement SAPFO in one school district without implementing it in the other in as much as the County has the power to create in its ordinances an overlay district that covers only one of the school districts. However, it is my opinion that to do so with the Schools Adequate Public Facilities program is ill advised. As you know, Orange County and its towns and school districts are on the "cutting edge" in developing a comprehensive Schools Adequate Public Facilities program. Any action by the governments which creates SAPFO in one school district and not the other, in my opinion, increases unnecessarily the risk of a challenge to the Adequate Public Schools Facilities concept and increases the risk that that Orange County Board of Commissioners Page 3 June 25, 2003 challenge would be successful. The most likely challenge would come from a developer in the school district where Schools Adequate Public Facilities is in effect who is denied a CAPS. The essence of the claim would be that developers that are not in the school district where CAPS is in place can develop without the restraint of CAPS and that that is unfair and that there is no rational basis for having a Schools Adequate Public Facilities program in one school district of the County and not in the other school district. Another possible source of complaint, both political and legal, would be from parents of children in the school district where there is no Schools Adequate Public Facilities program complaining that their school system is being left behind in facilities because their school system facilities are not driven by MOU and ordinance requirements that the schools be built and that that requirement, although not legally enforceable, is politically enforceable insofar as the other governments participating in the SAPFO-driven school construction program will bow out if they determine that Orange County does not have the commitment to fund schools as required by the MOU. I know that you are looking forward to getting SAPFO underway. I know also that school planning has already benefited by the work that has been done in getting SAPFO to this point and will continue to benefit thereafter and particularly after the implementation of the Schools Adequate Public Facilities Program. However, I urge you to proceed with the implementing ordinances in Orange County's planning jurisdiction only when all of the governments are on board. Very truly yours, GLEDHILL, HARGRAVE & PEEK, P.C. frey ~. Gl~hill GEG/lsg xc: Craig Benedict John M. Link, Jr. lsg:letters\bdofcomschoolsadegpubfacimplementation.ltr I Enclosure #1 JUNE 4, 2003 AMENDMENTS PLANNING DIRECTORS, ATTORNEYS, SCHOOL REPRESENTATIVES WORK GROUP EXPLANATION OF REVISIONS TO THE SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING AND ORDINANCE Prologue The following amendments are a response to comments from recent public hearings. They are minor in nature and do not affect the previous choreography of the Schools Adequate Public Facilities activities. They instead offer clarity to the distinct aspects of: 1) the Capital Improvements Program (CIP) process and their associated historically based membership projections, and 2) the Certificate of Adequate Public Schools (CAPS) system and their associated housing development related Student Generation Rate (SGR) projections. In addition, some previously approved addendum clauses were incorporated into the original Memorandum of Understanding (MOU). The suspension of the CAPS adequacy tests for the respective school districts and school level are still addenda since they will sunset at the appropriate time. What follows is an annotation of the proposed minor revisions. Location Section Revisions A Minor revision requested by the Town of Carrboro to enhance 1. Page 2 l.d. opportunity for governing boards to comment on student membership growth rates, etc. A clarification showing that November 1St" is the date for: 1) membership (actual), 2. Page 3 3.a. 2) school capacity, and 3) base date for future school projections and not February 15t" (see next note) This old version tried to explain that the projections, membership 3.c. sere not February 15t" but calculations were done "(utilizing the 3. Page 4 (strikethrough previous November 15t" data)". This is made clearer in Item 2 old version) above. www. co. orange. nc. us Protecting and preserving -People, Resources, Quality of Life Orange County, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 ~D A new paragraph that describes what a "base year" is and how November 15~' is the base of actual known capacity and 4. Page 4 3.b. membership. This base is then used for `launching' CIP projections and resetting the CAPS system. A clarification to reference specifically that the base year date of 5. Page 4 3.c. November 15~' is used for capacity calculations of future additions, modifications, CIP capacity or closings. This rewritten section sets up the initial year CAPS system statistical platform. It also differentiates that separate from aforementioned section 3.c. CIP capacity that there are CAPS 6. Page 4 3.d. calculations that are linked to housing development and the student generation rate product which is accrued with each housing project into the CAPS system. This rewritten section furthers section 3.d. above that CAPS development projections continue to be added to the base year 7. Page 5 3.e. and other housing programmed years. Each year these CAPS projections are retained and added to the new updated actual membership base. Consistent with previous sections, the base date has been restated 8. Page 5 3.f. as November 15`t`. A lead-in paragraph was added to explain the mathematical exercise that is conducted during the CAPS system process. Simply, Available ("Remaining") Capacity (AC) equals Capacity 9. Page Sz 3.g. (Existing Rated and Future CIP Capacity) minus Membership (Existing and CAPS approved SGR membership). If AC is greater than or equal to 0 then CAPS may be issued. This additional paragraph was amended to all agreements to 10. Page 7 9 accent the importance of CIP process and program and municipal governments' reliance on same to implement the Schools APFO. Added a BOCC receipt and approval process for student 11. Various l.a., l.b., 3.a. membership and building capacity data from the school districts. www. co. orange. nc, us Protecting and preserving- People, Resources, Quality of Life Orange County, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 Draft completed by Staff 6/4/03 Revised 6/23/03 Revised Format 6/24/03 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 200_, by and between the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill- Carrboro City Board of Education and Orange County (the "School District"). 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 IICOLEMANPDCISHAREDILisaloranaecountvlmou for chccs cb version with aeo chos.doc ~a 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 tifteen~l5} School da~~s sifter receiving the school. me~ribership calculations from the School Distr,ct 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. 'T'he School District shall transmit its building capacity to the parties to this a~7reement ~~o later than five {j } school days after ~Iove~nber 15 Within f fteen { 1 ~} school days after receiving the building capacity calculatio~is from the `school District the Board of C~c~unt`~ Commissioners shall approve the School District's buildin4~ 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 IICOLEMANPDCISHAREDIIisalorangecountylmou for chccs cb version with geg chgs.doc 2 )3 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 1St 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 ~-q3t~ November 15t" 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 15t" of that year. Also on November 15t" ~ of each year, the School District shall calculate the ~~~~~~~~t°~pro,~ected building capacity for IICOLEMANPDCISHAREDILisalorangecountylmou fa chccs c6 version with geg chgs.doc 3 iq- each school level and the ~..~:,.;~„+„a projected school membership for each school level as of November 15th in each of the following ten years. These calculations shall be made in accordance with the c +• - , a ' a„r,.° • ,:+'~ ~'~~ provisions of Section. l.a and Sectitm l,b. and alst~ in accc~rclat~ce with the remaining provisions of this section. ~ a ' i e--( Yrsznzr criror rrr-w i~cirirh czitu ~eeer~e •~,, ~ ~• , F ~~,• ~4 ~o~du~r-te~~ ,.~,,,., „i.,.,., b On November 15tH of the year in which the calculation above is made, projections) The twelve month period beginning on November 15"' of the Xear in which the calculation is made and ending on November 14tH of the following vear is referred to as the "base vear." c. . ~~ng Projections of school building_capacity as of November 15tH in each of the ten years following the base vear 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. d. In the first vear in which the ordinance adopted uursuant 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 vear As CAPS are issued during the base vear, school membership figures for the base vear and succeeding years shall be IICOLEMANPDCISHARED1Lisalorangecountylmou for chccs cb version with geg chgs.doc 4 !5 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 nrrlinance ad~nted pursuant to this Memorandum becomes school membership figures as of November 15"` 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 ~t°„t„*~a °~ ~°'~m~ -~~' `th 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 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. accordance with subsection 3.f aboveL The School District shall. make that nf~~nnatic>n known to the p:zl~ties to this agreement within 1 ~ 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 IICOLEMANPDCISHAREDILisalorangecountylmou for chccs cb version with geg chgs.doc building capacity numbers for each of those years the student membership numbers for each of those years. The results shall then he c~mnared with the number of students expected to be added to Ib 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. 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. IICOLEMANPDCISHAREDILisalorangecountylmou for chccs cb version with geg chgs.doc 6 l -] 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 fmds 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 day of , 20 SEAL Attest: Town Clerk SEAL Attest: Town Clerk SEAL TOWN OF CARRBORO By: Mayor TOWN OF CHAPEL HILL By: Mayor THE CHAPEL HILL-CARRBORO BOARD OF EDUCATION By: Chair Attest: Secretary IICOLEMANPDCISHAREDILisaloranaecountvlmou for chccs cb version with geg chgs.doc !$ ORANGE COUNTY SEAL By: Chair, Board of Commissioners Attest: Clerk to the Board of Commissioners lsg:orangecounty~mou for chccs cb version with geg chgs.doc IICOLEMANPDCISHAREDILisaloranaecountvlmou for chccs cb version with Aeq chAS.doc Draft completed by Staff 6-04-03 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 1 Draft completed by Staff 6-04-03 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-C'arrboro 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 2 Draf* completed by Staff 6-04-03 ~ I 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 jFor 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 ~ middle school students, determination by the Orange County School District that adequate service levels for public schools exist shall be made only i~rojected 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 b~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 capacit~f the High School level exceeds 110% of Building Capacity. On and after the dam which the third high school within the Chapel Hill-Carrboro City School District is first attended b~gh 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 Capacityl For purposes of this ordinance, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. as Draft completed by Staff 6-04-03 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 4 Draft completed by Staff 6-04-03 a 3 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. 5 Draft completed by Staff 6-04-03 °~ 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 fora 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: isg:orangecounty\sapfo ord rev 6-23-03 Draft completed by Staff 6/4/03 Revised 6/23/03 ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this day of , 20 , by and among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County. WHEREAS, school membership within the high school level in the Chapel Hill-Carrboro City School District for the 2004-2005 school year is projected to exceed 110% of building capacity; and WHEREAS, a third high school for the Chapel Hill-Carrboro City School District is in the planning stage, on the Orange County 10-year CIP and funding is expected to be committed to the Chapel Hill-Carrboro City Board of Education capital expense fund for this school by Orange County as a result of a combination of bond money, installment financing, impact fees and "pay-as-you-go" CIP revenue; and WHEREAS, it is anticipated that the third high school in the Chapel Hill-Carrboro City School District will be completed and high school students will begin attending this school when the 2006-2007 school year begins; and WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County (hereinafter "the MOU") and to the citizens of Orange County that the Schools Adequate Public Facilities Program be implemented for the Chapel Hill-Carrboro City School District in 2003 in tandem with the implementation of the Program for the Orange County School District; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section 3.g. of the MOU is amended by deleting Section 3.g. and replacing it with the following: Section 3. 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 l ~ days of the comparison. If the School District determines that the projected remaining capacity of each school Draft completed by Staff 6/4/03 Revised 6/23/03 level is sufficient to accomr.~odate 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. For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU 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 school membership within 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 school membership within 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 This the SEAL Attest: Town Clerk SEAL day of , 20 By: TOWN OF CARRBORO Mayor TOWN OF CHAPEL HILL Mayor By: ~D Draft completed by Staff 6/4/03 ~~ Revised 6/23%03 Attest: Town Clerk SEAL THE CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION By: Chair ATTEST: Secretary SEAL Attest: Clerk to the Board of Commissioners ORANGE COUNTY Chair, Board of Commissioners By: 1sg:otangecounty~IVIOU addendum chccs high school 6-23-03.doc aS Draft completed by Staff 6/4/03 Revised 6/23/03 Revised Format 6/24/03 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 200_, by and between the Town of Hillsborough, the Orange County Board of Education and Orange County (the "School District"). WHEREAS, the portion of Orange County, served by the Orange County 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 Orange County School Board, with funding provided by Orange County; and WHEREAS, Orange County, Hillsborough, and the Orange County 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 class on the date membership is determined as a result of sickness or some F:ILisalorangecountylmou for oc bd of educ cb version with geg chgs.doc a~ 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. ~'~'ithin fifteen (1.5~ school days after receiving_the school membership calculations from tre Schoc>1 District, the Board of County CVe~minissioners 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~paeit~ to the parties to this agreement too later than five (5) school days after November i 5. ~~'ithin fifteen (1) school da s a lter receivingthe building capacity calculations from the School District the Board of County Commissioners sh4G11 approve tl~~e 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 ofthis 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 Commissioners and the Board of Commissioners shall provide an F:ILisalorangecountylmou for oc bd of educ cb version with geg chgs.doc 2 36 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 S` 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 Fe~a' 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 a' of each year, the School District shall calculate theiec~-projected building capacity for each school level and the-gated-projected school membership for FI!_isalorangecountylmou for oc bd of educ cb version with geg chgs.doc 3 3( each school level as of November 15t" in each of the following ten years. These calculations shall be made in accordance with the r +• , a , ,.,.,,,.~,.° :.•:t'.: t'.:., previsions of See;tion l.a and Section. 1.b. and also in accordar~~ e with the remaining provisions of this section. ,. , ~-e~-"e~d~ moo,,.., , ~~ „~;,:~;~,~ ~,.~ ~---- -{ --o -- ~ ~~~,,. ~ , M~ ~,,.,~, ,~„ a,.~„ a ~u i u ~ e n~--~~~t~ ~ u v u i ci • , r ~ r .t.• r,r ,, +„ ~t,,. ,.+„nt „t,,.,.t ueeee b. On November_ 15t" of the year in which the calculation above is made the school building capacity numbers and the school membership numbers as of November 15`" of that year are known figures (i.e. not pro,~ctions) The twelve month period beginning on November 15t" of the Xear in which the calculation is made and ending on November 14t" of the followingyear is referred to as the "base e C. Trn~~ree~-e-are~lla~iens~Erl~-v~~~--~vx~s3c~apvir chi ~~xg: Projections of school building capacity as of November 15t" 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. d. In the first year in which the ordinance adopted pursuant to this Memorandum becomes effective, school membership figures as of November 15t" in each of the succeeding ten years shall initialler 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. F.•ILisalorangecountylmou for oc bd of educ cb version with geg chgs. doc q 3a e On each November 15th following the first vear in which the succeeding ten nears shall be determined by adding to the school membership f~ures for the base vear the number of students projected to be added to the schools in each successive vear 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 ' °-•' ~*~-' °„ ~°'~-~~ ~-~ • ' nth of November 15t 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 I 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 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. November 15`° 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 accordance with subsection 3.f above). The School District shall make that information known to the parties to this agreement within l5 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 F:ILisalorangecountylmou for oc bd of educ cb version with geg chgs.doc 33 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. 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. F:Ilisalorangecountylmou for oc bd of educ cb version with geg chgs.doc 3~- The Town of Hillsborough intends to remain committed to the MOU only as long as Orange Countv continues to execute the CIP as agreed in the MOU. If the Hillsborough Board of Commissioners fmds Orange County is no longer in compliance with the CIP as outlined in the MOU, the Town of Hillsborough will no longer consider itself bound by this MOU and may consider resealing the Ordinance referenced in Section 2 of this MOU. This the day of , 20 SEAL Attest: Town Clerk SEAL Attest: Secretary SEAL Attest: Clerk to the Board of Commissioners lsg:orangecounty~nou for oc bd of educ cb version with geg chgs.doc TOWN OF HILLSBOROUGH By: Mayor ORANGE COUNTY BOARD OF EDUCATION By: Chair ORANGE COUNTY By: Chair, Board of Commissioners F:ILisaloranpecountylmou for oc bd of educ cb version with geg chgs.doc '7 Draft completed by Staff 6/4/03 3 Revised 6/23/03 ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this day of , 20 , by and among the Town of Hillsborough, the Orange County Board of Education and Orange County. WHEREAS, school membership within the middle school level in the Orange County School District for the 2002-2003 school year exceeds 107% of building capacity; and WHEREAS, a third middle school for the Orange County School District is in the planning stage, on the Orange County 10-year CIP and funding has been committed to the Orange County Board of Education capital expense fund for this school by Orange County as a result of an approved bond issue; and WHEREAS, it is anticipated that the third middle school in the Orange County School District will be completed and middle school students will begin attending this school when the 2006-2007 school year begins; and WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Hillsborough, the Orange County Board of Education and Orange County (hereinafter "the MOU") and to the citizens of Orange County that the Schools Adequate Public Facilities Program be implemented for the Orange County School District in 2003 in tandem with the implementation of the Program for the Chapel Hill-Carrboro City School District; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section 3.g. of the MOU is amended by deleting Section 3.g. and replacing it with the following: Section 3. 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 sh~~11 make that information knoc~,rn to the parties to this agreement within. l ~ 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 Draft completed by Staff 6/4/03 Revised 6/23/03 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. For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU 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 without regard to whether or not school membership within 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 school membership within 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 This the SEAL Attest: Town Clerk SEAL Attest: day of , 20 By: TOWN OF HILLSBOROUGH Mayor ORANGE COUNTY BOARD OF EDUCATION By: Chair Secretary 3l~ 2 Draft completed by Staff 6/4/03 3 Revised 6/23/03 SEAL ORANGE COUNTY By: Attest: Clerk to the Board of Commissioners Chair, Board of Commissioners 1sg:orangecounty~MOU addendum ocschools middle school 6-23-03.doc Draft completed by Staff 6/04/03 Revised 6/25/03 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ORDINANCE 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 occurs 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 Board of Commissioners of Orange County 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, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. The Orange County Zoning Ordinance is amended by creating a new Article 15 to read as follows: ARTICLE 15 [ARTICLE XV in the TABLE OF CONTENTS and in the DETAILED TABLE OF CONTENTS]. SCHOOL ADEQUATE PUBLIC FACILITIES 15.1.1 Purpose The purpose of this Article is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. \\COLEMANPDCISHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc Drag completed by Staff 6/04/03 3q Revised 6/25/03 v' 15.1.2 Applicability The provisions of this Article shall apply to the following areas: The entirety of the County lying outside of the municipalities therein, outside of the extraterritorial planning jurisdiction, if any, of the municipalities therein and also outside of the Joint Planning Area Transition area, if any, of the municipalities therein. The Chapel Hill-Carrboro School District and the Orange County School District are each declared to be 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, the provisions of this Article apply. 15.1.3-15.1.9 Reserved 15.2 Administration 15.2.1 Certificate of Adequacy of Public School Facilities. (a) Subject to the remaining provisions of this Article, no approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat 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 special 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 Schools Adequate Public Facilities Memorandum of Understanding, as to the Chapel Hill-Carrboro School District, between Carrboro, Chapel Hill, Orange County, and the Chapel Hill-Carrboro City Board of Education and as to the Orange County School District, between Hillsborough, Orange County and the Orange County Board of Education. These Memoranda of Understanding are hereafter referred to as "the MOUs" or "the MOU" as the context requires. (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. \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc 2 Draft completed by Staff 6/04/03 ~- Revised 6/25/03 15.2.2 Service Levels. (a) This section describes the service levels regarded as adequate by the parties to the MOUs with respect to public school facilities. (b) As provided in the 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 schools within the School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level 105% middle school level 107% high school level 110% For the period of time beginning the effective date of this Article and terminating on the day on which the third high school within the Chapel Hill-Carrboro School District is first attended by high school students, the determination by the Chapel Hill-Carrboro 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 School District is first attended by high school students, determination by the Chapel Hill-Carrboro 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 Article 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 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 \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc 3 Draft completed by Staff 6/04/03 LE- i Revised 6/25/03 For purposes of this Article, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. 15.2.3 Expiration of Certificates of Adequacy of Public School Facilities. A CAPS issued in connection with approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval. 15.2.4 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. 15.2.5 Applicability to Previously Approved Projects and Projects Pending Approval. (a) Except as otherwise provided herein, the provisions of this Article shall only apply to applications for approval of site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Article. (b) The provisions of this Article shall not apply to amendments to site plans special use permits, major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this Article 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 County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat covers property within a planned unit development or master plan project that was approved prior to the effective date of this Article, if the Board of County 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 \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG fi2403.doc 4 Draft completed by Staff 6/04/03 ~/ Revised 6/25/03 `~' 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 Article. In deciding whether these findings can be made, the Board of County 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 County 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 County 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 County Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of County Commissioners may be delivered either by personal service or by certified mail, return receipt requested. (e) The Chair of the Board of County Commissioners or any member temporarily acting as Chair may, in his or her official capacity, administer oaths to \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc 5 Draft completed by Staff 6/04/03 ~ ~~ Revised 6/25/03 witnesses in any hearing before the Board of County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. 15.2.6 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 County Commissioners. Any such appeal shall be heard by the Board of County 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 County 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 County Commissioners not brought before the School District, or (3) issue a CAPS. The Board of County 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 County 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 15.2.5(d) and 15.2.5(e) of this Article. 15.2.7 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 County Commissioners all information reasonably deemed necessary by the Board of County Commissioners to determine whether a special exception should be granted as provided in Section 15.2.5 or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 15.2.6. 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 , 20U_ Ayes: Noes: Absent or Excused: \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc Draft completed by Staff 6/04/03 ~- ~~ Revised 6/25/03 AN ORDINANCE AMENDING AN ORDINANCE TO REGULATE THE SUBDIVISION OF LAND IN ORANGE COUNTY, NORTH CAROLINA 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 occurs 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 Board of Commissioners of Orange County 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, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. The Ordinance to Regulate the Subdivision of Land in Orange County, North Carolina is amended by creating a new Section IV-B-12 to read as follows: IV-B-12. SCHOOL ADEQUATE PUBLIC FACILITIES IV-B-12-a. Pur ose The purpose of this Section is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc 1 Draft completed by Staff 6/04/03 Revised 6/25/03 IV-B-12-b. Auplicability The provisions of this Section shall apply to the following areas: The entirety of the County lying outside of the municipalities therein, outside of the extraterritorial planning jurisdiction, if any, of the municipalities therein and also outside of the Joint Planning Area Transition Area, if any, of the municipalities therein. The Chapel Hill-Carrboro School District and the Orange County School District are each declared to be 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, the provisions of this Article apply. IV-B-12-c. Administration IV-B-12-c1. Certificate of Adequacy of Public School Facilities. (a) Subject to the remaining provisions of this Section, no approval of a major subdivision preliminary plat or a minor subdivision final plat 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 special 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 Schools Adequate Public Facilities Memorandum of Understanding, as to the Chapel Hill-Carrboro School District, between Carrboro, Chapel Hill, Orange County, and the Chapel Hill-Carrboro City Board of Education and as to the Orange County School District, between Hillsborough, Orange County and the Orange County Board of Education. These Memoranda of Understanding are hereafter referred to as "the MOUs" or "the MOU" as the context requires. (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. IV-B-12-c2. Service Levels. (a) This Section describes the service levels regarded as adequate by the parties to the MOUs with respect to public school facilities. \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc Draft completed by Staff 6/04/03 Revised 6/25/03 (b) As provided in the 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 MOU, projected school membership for the elementary schools, the middle schools, and the high schools within the School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level 105% middle school level 107% high school level 110% For the period of time beginning the effective date of this Section and terminating on the day on which the third high school within the Chapel Hill-Carrboro School District is first attended by high school students, the determination by the Chapel Hill-Carrboro 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 School District is first attended by high school students, determination by the Chapel Hill-Carrboro 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 Section 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 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 purposes of this Section, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. C~ \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc Draft completed by Staff 6/04/03 ~ 1 Revised 6/25/03 IV-B-12.c3. Expiration of Certificates of Adequacy of Public School Facilities. A CAPS issued in connection with approval of a major subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval. IV-B-12-c4. Exemption From Certification Requirement for Development with Negli ible 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: (1) 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; (2) 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. IV-B-12-c5. Applicability to Previously Approved Proiects and Proiects Pending Approval. (a) Except as otherwise provided herein, the provisions of this Section shall only apply to applications for approval of major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Section. (b) The provisions of this Section shall not apply to amendments to major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this Section 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 County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a major subdivision preliminary plat covers property within a planned unit development or master plan project that was approved prior to the effective date of this Section, if the Board of County 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 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 Section. In deciding whether these findings can be made, the Board of County Commissioners shall consider the following, among other relevant factors: \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc 4 Draft completed by Staff 6/04/03 l~ Revised 6/25/03 (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 County 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 County 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 County Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of County Commissioners may be delivered either by personal service or by certified mail, return receipt requested. (e) The Chair of the Board of County 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 County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. IV-B-12-c6. 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 County Commissioners. Any such appeal shall be heard by the Board of County Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc 5 Draft completed by Staff 6/04/03 Revised 6/25/03 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 County 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 County Commissioners not brought before the School District, or (3) issue a CAPS. The Board of County 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 County 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 Subsections IV-B-12-c5(d) and IV-B-12-c5(e) of this Section. IV-B-12-c7. 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 County Commissioners all information reasonably deemed necessary by the Board of County Commissioners to determine whether a special exception should be granted as provided in Subsections IV-B-12-c5 or for the hearing of an appeal of a School District denial of a CAPS as provided in Subsection IV-B-12-c6. 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: \\COLEMANPDC\SHARED1Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc