(a) Standards. A development passes the test for adequate school facilities if:
(1) each public elementary, middle, and high school is designated as “open” on the school utilization chart described in § 17-5-502 for the geographical attendance areas for the development in the third school year after the school year in which the determination is being made, and the number of students projected to be generated by the development in the third school year after the school year in which the determination is being made does not exceed the available capacity of each open school after the available capacity is adjusted to account for projected student generation from each development that has been approved since the date of the last approved school chart, as determined by the Office of Planning and Zoning;
(2) the Office of Planning and Zoning has received written notice via certified mail from the Board of Education that the requirements for applicable future capacity, as described in § 17-5-502(d)(2)(i) and (ii), have been satisfied, without formal adoption of a school utilization chart, and with the applicable future capacity the development will satisfy the requirements of subsection (a);
(3) the developer has executed an approved School Capacity Mitigation Agreement under the provisions of § 17-5-901;
(4) the Planning and Zoning Officer and the Board of Education approve a donation of land for future construction of school facilities as provided in § 17-5-901(h)(2); or
(5) a public elementary, middle, or high school in a geographical attendance area adjacent to a geographical attendance area with a closed public elementary, middle, or high school has available capacity sufficient to render the closed school of the corresponding educational level less than 100% of the State-rated capacity.
(b) Report to Board of Education. If approved, the Office of Planning and Zoning shall specify the number and type of dwelling units that are approved and report the number and type to the Board of Education.
(Bill No. 3-05; Bill No. 47-12; Bill No. 105-15; Bill No. 85-21; Bill No. 52-23)
Editor’s note – Additional legislative history for this section may be found in Bill No. 92-17 or Bill No. 15-18.