(A) The North Carolina Constitution has established, and the North Carolina Supreme Court has reaffirmed, that “every child has a fundamental right to sound basic education,” reflected in the North Carolina state constitutional requirement “that every child in the state have equal access to sound basic education.” Moreover, it is North Carolina State Government's responsibility to provide this opportunity to every child by operating a “general and uniform system of schools in which equal opportunities shall be provided for all students.” Leandro v. State of North Carolina, 346 N.C. 336, 347, 488 S.E.2d 249, 255 (1997).
(B) Public schools are the responsibility of both state and local government. The state has delegated in part to counties this responsibility. The County of Camden (the “County”) is such a geographic subdivision of the state, and is mandated by law to operate school facilities. Specifically, the Camden County Board of Education is authorized and obligated for the provision of such facilities.
(C) Although the public school system is primarily financed by the state, the average county allocates nearly a third of its funds for the operation of the public schools. Currently, Camden allocates approximately $1,106,158 for the school’s expenses; $744,764 for existing debt; $200,000 for other capital outlay; and $754,345 for the new school. Camden’s current total annual school contribution for operations and debt service is $3,108,315.
(D) The public costs associated with the rapid pace of residential development and the related burden on the county’s school system jeopardize the county’s ability to provide the constitutionally mandated education.
(1) The annual growth rate of the county, in spite of the existing moratorium is currently 7%. The estimated growth rate between the 2000 and 2005 census was 30%.
(2) During the school year 2003-2004, total enrollment at the county’s three schools (Camden County High School, Camden County Middle School, and Grandy Primary School) was 1,582. The county’s school enrollment is currently: Grandy: 844 with capacity of 723/783; Middle: 434 with a capacity of 504/564; and High: 528 with a capacity of 510/585.
(3) Based on estimated student generation rates developed by Tischler & Associates, Fiscal, Economic, and Planning Consultants, hired by Camden County in the report titled School Voluntary Mitigation Payments, the average student generation for elementary school for detached units is .20; for middle school .12; and for high school: .12. The total for all detached units and all other housing types for the whole school system is .44 students per housing unit.
(E) The purpose of this chapter is to protect the health, safety, and welfare of all county residents, but particularly the county’s children by ensuring that adequate, constitutional, school facilities are available to all children in Camden County, and that such facilities are available concurrent, or roughly concurrent, with the demand for school facilities created by new development.
(F) (1) Pursuant to G.S. Ch.153A, the county is empowered to implement land use and associated regulations that protect the health, safety, and welfare of its citizens. Camden County adopts this chapter pursuant to its police power, zoning authority, and its authority to regulate subdivisions.
(2) Specifically, the county’s authority to regulate based on its police powers is found in G.S. § 153A-121, General Ordinance-Making Power, where it is stated in section (a): “A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county.”
(3) The county’s authority to regulate through zoning powers is found in G.S. § 153A-340, Grant of Power, where it is stated in section (a): "For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt zoning and development regulations ordinances." The County's power to regulate through zoning is also found in G.S. § 153A-341, Purposes in View, where it is stated: “Zoning regulations shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; and to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.”
(4) The county’s power to regulate subdivisions is found in G.S. § 153A-331, Contents and Requirements of Ordinance, where it is stated in section (a): “A subdivision control ordinance may provide for the orderly growth and development of the county; for the coordination of transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; ... and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that substantially promote public health, safety, and the general welfare.”
(G) In order to provide for the orderly growth of Camden County and to protect the health, safety, and welfare of its citizens, the county adopted an Advanced Core CAMA Land Use Plan for Camden County on April 4, 2005. Camden County’s Community vision, which is set forth in this plan, designates Camden as an “area of controlled growth designed to maintain its rural and cultural heritage.” The vision statement further provides: “The County will provide improved infrastructure, quality subdivisions, and expanded recreational opportunities.” Finally, “Future development will have as its foundation the preservation of Camden County’s quality of life, including its natural resources. Camden County will maintain a quality school system with no overcrowding of schools.”
(H) Specifically, in regards to the county’s ability to provide adequate public facilities, the county adopted, under its Code of Ordinances, Title XV: Land Usage, § 151.346. This statute provides the County Commissioners with the discretion to deny a conditional or special use permit even if the proposed development complies with the county’s permit requirements if the Commissioners find that the development:
(1) Will materially endanger the public health or safety;
(2) Will substantially injure the value of adjoining or abutting property;
(3) Will not be in harmony with the particular neighborhood or area in which it is to be located (even though the proposed use and surrounding uses are generally permissible in the same district and therefore usually compatible);
(4) Will not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the Board; or
(5) Will exceed the county’s ability to provide adequate public facilities, including, but not limited to schools, fire and rescue, law enforcement, and other county facilities.
(I) Pursuant to G.S. § 153A-341, prior to adopting or rejecting any zoning amendment, a county’s governing board shall adopt a statement describing whether its action is consistent with an adopted Comprehensive Plan and explaining why the Board considers the action taken to be reasonable and in the public interest. The county finds that the provisions of G.S. § 153A-341 comply with the North Carolina General Assembly’s recognition of the importance of the Comprehensive Plan in guiding land development in North Carolina Counties.
(J) Other North Carolina local governments which have adopted adequate public facilities ordinances specifically in regards to schools are: Cabarrus County, Currituck County, Davidson County, Franklin County, Orange Counties, and the Towns of Davidson and Harrisburg.
(K) The county adopted a Capital Improvement Program (CIP) in March 20, 2006, addressing four main categories: public school projects, county facilities, water and sewer projects, and economic development projects. The county intends to assure property owners and developers of property for residential use, through the implementation of this plan for schools associated with this chapter, that adequate school facilities will be put in place based on a schedule of capital improvements reasonably related to projected facilities need.
(L) In Camden County’s Advanced Core CAMA Land Use Plan (LUP), it is set forth as a policy: “Camden County supports regulating growth to coincide with the provision of public facilities and services.”
(M) It is further set forth in Camden County’s LUP in regards to implementing actions: “Camden County will permit residential development to occur in response to market needs provided that the following criteria are met:
(1) Due respect is offered to all aspects of the environment.
(2) If deficient community facilities and services are identified, the county should attempt to improve such to the point of adequately meeting demands.
(3) Additional residential development should concurrently involve planning for improvements to community facilities and services if excess capacity does not exist within those facilities and services.
(4) Residential development is consistent with other Camden County policies and the land use map as contained in this plan update.”
(N) Currently, Camden County only has one school district. As such, each student who becomes enrolled in the school system affects the entire school system. However, since each school (elementary, middle, and high) has different capacity numbers and different costs necessary to reach capacity, it is necessary to view each school individually in order to properly arrive at accurate numbers for determining capacity. In addition to school sites and facilities, the Camden County Public Schools also have capital facilities and equipment that serve all school levels and, therefore, respond to a system-wide demand. These facilities and equipment include administrative and support buildings (and associated sites), school buses, and portable classrooms as presented in the School Voluntary Mitigation Payment report by Tischler & Associates. Due to all of the foregoing reasons, advance of capacity cost is determined by the Administrator as to the entire Camden County Public School System, rather than based on each individual school. The only time each school is considered individually, is for calculation purposes in the determination of adequate capacity and needs.
(O) Camden County’s Capital Improvement Program (CIP) represents the community’s commitment to fund public facilities that are or may become inadequate. The county, through the use of its CIP, addresses existing infrastructure deficiencies, and hereby adopts this program in good faith, intending to use its best efforts to ensure that the APFO is followed in accordance with the CIP.
(P) The county hereby identifies Camden Schools Capital Needs Study (CSCNS) and adopts same into Camden County CIP.
(Ord. 2007-01-01, passed 2-19-07)