Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments

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Article 6: Development Standards 286 Section 6.19: Adequate Public Facilities: Schools Adequate Public School Facilities (CAPS)for the project has been issued by the School District. (B) A CAPS shall not be required for a gconventional or conditional district rezoning OF SP8Gial Use FeZG iRg 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. 6.19.6Exp(irati A CAPS must be obtained from the School District. The School District will i ue or deny a CAPS in accordance with the provisions of the MOUs. A CAPS attaches to the land in the same way that development permis ion attaches to the land. A CAPS may be transferred along with other interests in e property to which such CAPS is issued, but may not be severed or transferred eparately. of Certificates of Adequate Public School Facilities A CAPS iss d in connection with approval of a site plan, special use p rmit, a major subdivision preliminary pla or a minor subdivision final plat shall expire automati Ily upon the expiration of such permit appr val. 6.19.7 Exemption From CA S (A) In recognitio f the fact that some new develo ent will have a negligible impact on school capacit , a CAPS shall not be require for the following: (1) Residential de lopments restricted b law and/or covenant for a period of at least 30 years to ousing for the eld rly and/or adult care living and/or adult special needs; (2) Residential developme is rest 'cted for a period of at least 30 years to dormitory housing for university stu e s. (B) If the use of a development r tr ted as provided herein changes, then before a permit authorizing such ch ge of e becomes effective, a CAPS must be issued just as if the develop men ere bein onstructed initially. 6.19.8 Previously Approved Projects d Projects Pendi Approval (A) Except as otherw' e provided herein, the pro ' ions of this Section shall only apply to applications for pproval of site plans, special u permits, major subdivision preliminary p is or minor subdivision final plats th t are submitted for approval after the effectiv date of this Section. (B) The pro sions of this Section shall not apply to amend nts to site plans, special use p mits, major subdivision preliminary plats or minor s bdivision final plats iss d prior to the effective date of this Section so long as th approvals have not e ired and the proposed amendments do not increase the nu ber of dwelling units uthorized within the development by more than 5% or five dwell g units, whichever is less. (C Special Exceptions (1) The Board of County Commissioners shall issue a special exception t the CAPS requirement to an applicant whose application for approval of a site plan, pecial use permit, a major subdivision preliminary plat or a minor subdivision fina lat covers property within a planned unit development or master plan project tha 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: Orange County, North Carolina—Unified Development Ordinance Page 6-139