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June 18, 2007 (Regular Meeting) Page 419 WHEREAS, the Board of Commissioners is interested in approving new development that participates in the advancement of school adequacy; and n 7 WHEREAS, the Board of Commissioners would like for all new residential development in both the incorporated and unincorporated areas of Cabarrus County to be reviewed for school adequacy. NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Cabarrus County that the following policy is established to address school adequacy when reviewing new residential development: o All new residential developments that require plan approval by the Cabarrus County Planning & Zoning Commission or site plan approval for multi-family development shall be reviewed for the adequacy of public services and facilities including school facilities. This review shall include existing school capacity as well as the additional capacity of schools under construction or for which funding of construction has been approved. In addition, the review shall include the existing enrollment and estimated enrollment based on previously approved development. School adequacy shall be defined as that estimated enrollment not exceeding 110$ of capacity as determined by the Kannapolis and Cabarrus School Systems. o Where school facilities will not be adequate based on existing and projected enrollment, new development will be expected to address this inadequacy based on the cost incurred by Cabarrus County for school capital facilities. The Board of Commissioners may consider direct or indirect contributions to the adequacy of schools in the form of cash contributions, dedication of land in a suitable area based on the Cabarrus County Schools 15 Year Plan, or infrastructure improvements that will directly benefit school sites. A combination of these methods may also be considered. In no case shall the value of the contribution be less than 65~ of the incurred capital cost by type of development as identified by the TischlerBise study and adjusted for construction costs changes each January 1st. o Any method proposed to address school adequacy whether through monetary contribution, land donation or services shall be paid or completed prior to the issuance of any affected building permit within the subject development. The method to address adequacy and requirement that it shall be completed prior to building permits being issued shall be included in the Consent Agreement. o New development within the corporate limits of any of the cities located in Cabarrus County shall also be subject to the adequacy review through the Cabarrus County Subdivision Regulations Chapter 9, Section 17 "Adequate Public Facilities Standards" as provided for by Session Law 2004-39, House Bill 229, which became effective June 30, 2009. This review shall include existing school capacity as well as the additional capacity of schools under construction or for which funding of construction has been approved. In addition, the review shall include the existing enrollment and estimated enrollment based on previously approved development. School adequacy shall be defined as that estimated enrollment not exceeding 110°s of capacity as determined by the Kannapolis and Cabarrus School Systems. o The Board of Commissioners requests that each of the cities require new development to enter into a consent agreement with Cabarrus County to address school adequacy as part of the municipality's approval of that development. That consent agreement shall be subject to approval by the Board of Commissioners. o Any party wishing to obtain a voucher for or reimbursement of the adequate public facilities contribution must be actively working with a recognized non profit housing agency or government entity and shall provide the following documentation to the Cabarrus County Commerce Department to meet the qualifications: Any applications to a 501(c) (3) non profit organization or government agency which develops affordable owner occupied housing such as Habitat for Humanity, Prosperity Unlimited, LLC, and the Concord or Kannapolis Community Development Departments; and a letter from the recognized 501 (c) (3) and/or government agency certifying completion of all required program requirements; and income documentation that accompanied the aforementioned applications. Eligible