2002 NS MOUSchools Adequate Facilities Memorandum of Understanding

Browse Search

Approved by Schools and Land Use Councils 11/14/O1; Draft completed by staff 2/8/02 11-27-02 revisions 12-9-02 revisions expected that adequate public school facilities will be available to accommodate such new development. The Chapel Hill-Carrboro School District and the Orange County School District are each declared an overlay district in order to implement Schools Adequate Public Facilities as prescribed in this [article): Within the Chapel Hill-Carrboro School District Overlay District and within the Orange County School District Overlay District, provisions of the Orange County Zoning Ordinance and Orange County Subdivision Regulations which implement the Schools Adequate Public Facilities Ordinance are applicable. 2. Certificate of Adeqn~cy of Public Schools Facilities. (a) Subject to the remaining provisions of this [azticleJ, 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 sha11 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 staternent to thi.s.'-=~` 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 Chapel Hi11, Carrboro, Orange County, and the Chapel Hill Carrboro School District or among Orange County, Hillsborough, and the Orange County School District dated . (d) A CAPS attaches to the land in the same way that development pemussion attaches to the land. A GAPS 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 Orange County, Chapel Hill, Carrboro, and the Chapel HilUCarrboro Board of Education and arnong Orange County, Hillsborough, and the Orange County Board of Education (MOU or MOUs), adequate service levels for public schools shall be deemed to exist with respect to a 2