Orange County NC Website
3~ <br />existing single and multifamily housing as demand from working families, students, <br />university staff and others continues to grow. <br />Recommendation: Exempt housing that meets strict affordability standazds and exempt <br />the affordable components of other developments from the requirement to secure <br />Certificates of Adequate School Capacity (CAPS). <br />4. Under the draft MOU and Model Ordinance, the County will be given the ultimate <br />authority to regulate growth and development in the municipalities. It would be <br />unfortunate for well-planned projects, approved by municipalities, to be prohibited from <br />proceeding because of poor funding, poor planning or political decisions made the <br />County level. <br />Recommendation: Strengthen the language in Section 7 of the MOU so that the County <br />must plan for and fund adequate school construction. <br />5. The Model Ordinance indicates that in the event that multifamily units aze destroyed, <br />voluntarily demolished or condemned that the property owner may rebuild, but only on <br />that site (the ability to reconstruct is attached to the land and not the property owner). <br />The Model Ordinance does not address the availability of CAPS if the property is not <br />reconstructed or if its reconstruction is delayed by years. For example, if a housing <br />complex was destroyed or demolished, could the capacity created by the destruction of <br />such a complex be portable allowing the property owner to take it to a new site and build <br />without having to apply for and secure CAPS? Would the increase in capacity available <br />from a multifamily unit being taken offline become available to the next project in the <br />queue if the owner made no plans to rebuild? <br />Recommendation: Clarify the procedures for assessing capacity and issuing CAPS in the <br />event that housing units aze destroyed, demolished or condemned. It is cleaz that in the <br />event of such a loss, the capacity would remain with the property, but not cleaz for how <br />long. The possibility of portable capacity in such a case should be investigated further. <br />6. The Chamber is concerned about how the queue for CAPs will be handled when capacity <br />is not available. <br />Recommendation: Establish regulations for governing the queue of delayed projects <br />including: <br />1. Construction time limits on a project should begin after CAPS have been issued. <br />2. If the queue includes projects needing 100 CAPS, 75 CAPS, and 5 CAPs waiting <br />in that order, and only 5 CAPS are judged to be available, should provisions be <br />made for the project with 5 CAPs to be allowed to proceed forwazd, rather than all <br />projects remaining in the queue. <br />7. If SAPFO is adopted at a time when no capacity is available, a moratorium on new <br />housing construction will result. <br />Recommendation: If adopted, SAPFO should not take effect until such a time when <br />school capacity is projected to be available for at least two consecutive years. <br />8. Before adopting the draft MOU or Model Ordinance, the ten-year capacity projections <br />and ten-year funding projections should be made public and reviewed by all of the <br />adopting bodies and the public. <br />