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Agenda 11-02-23; 12-6 - Information Item - Memorandum - Schools Adequate Public Facilities Ordinance Memoranda of Understanding
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Agenda 11-02-23; 12-6 - Information Item - Memorandum - Schools Adequate Public Facilities Ordinance Memoranda of Understanding
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BOCC
Date
11/2/2023
Meeting Type
Business
Document Type
Agenda
Agenda Item
12-6
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Agenda for November 2, 2023 BOCC Meeting
(Message)
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\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 11-02-2023 Business Meeting
Minutes-11-02-2023-Business Meeting
(Message)
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\Board of County Commissioners\Minutes - Approved\2020's\2023
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12 <br /> expected that adequate public school facilities will be available to accommodate such <br /> new development. <br /> [The Chapel Hill-Carrboro School District and the Orange County School District are <br /> each declared an overlay district in order to implement Schools Adequate Public <br /> Facilities as prescribed in this [article]. Within the Chapel Hill-Carrboro School District <br /> Overlay District and within the Orange County School District Overlay District, <br /> provisions of the Orange County Zoning Ordinance and Orange County Subdivision <br /> Regulations which implement the Schools Adequate Public Facilities Ordinance are <br /> applicable.] <br /> 2. Certificate of Adequacy of Public Schools Facilities. <br /> (a) Subject to the remaining provisions of this [article], no approval under this <br /> ordinance of a subdivision preliminary plat, minor subdivision final plat, site plan, or <br /> conditional or special use permit for a residential development shall become effective <br /> unless and until a Certificate of Adequacy of Public Schools Facilities (CAPS) for the <br /> project has been issued by the School District. <br /> (b) A CAPS shall not be required for a general use or conditional use rezoning or for <br /> a master land use plan. However, even if a rezoning or master plan is approved, a CAPS <br /> will nevertheless be required before any of the permits or approvals identified in <br /> subsection (a) of this section shall become effective, and the rezoning of the property or <br /> approval of a master plan provides no indication as to whether the CAPS will be issued. <br /> The application for rezoning or master plan approval shall contain a statement to this <br /> effect. <br /> (c) A CAPS must be obtained from the School District. The School District will <br /> issue or deny a CAPS in accordance with the provisions of the Memorandum of <br /> Understanding among [Carrboro, Chapel Hill, the Chapel Hill-Carrboro City Board of <br /> Education and Orange County dated or among Hillsborough, the Orange <br /> County Board of Education and Orange County dated .] <br /> (d) A CAPS attaches to the land in the same way that development permission <br /> attaches to the land. A CAPS may be transferred along with other interests in the <br /> property with respect to which such CAPS is issued, but may not be severed or <br /> transferred separately. <br /> 3. Service Levels. <br /> (a) This section describes the service levels regarded as adequate by the parties to the <br /> Memorandum of Understanding described in subsection (b) with respect to public school <br /> facilities. <br /> (b) As provided in the Memoranda of Understanding among [Carrboro, Chapel Hill, <br /> the Chapel Hill-Carrboro City Board of Education and Orange County and among <br /> 2 <br />
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