ORD-2004-002 - Subdivision Regulations Amendment IV-B-3 Streets

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IV-B-12. SCHOOL ADEQUATE PUBLIC FACILITIES Amended. 6/26103 IV-B-12-a. Purpose 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. IV-B-12-b. Applicability 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 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 School 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. -65-u-