(A)
The Camden County Board of Commissioners hereby establishes that, except as provided otherwise herein, each application for a building permit for the development of property for a residential use must be accompanied by a Certificate of Adequate Public School Facilities (CAPS). Prior to the issuance of a CAPS, the county must make a finding that adequate public school facilities exist to support the expected student load generated by the subject parcel.
(B) The Board of Commissioners, concurrent with the adoption of this chapter, has established the methodology through which the county will determine adequate school capacity, known as the Camden County Adequate Public Facilities Ordinance Level of Services Standard and Advancement of Capacity Formula (LSSACF).
(C) Recognizing the need for administrative ease and technical expertise in the issuance of a CAPS, the BOC hereby delegates to the County Manager, or his or her designee (the “Administrator”) the responsibility for the issuance of CAPS pursuant to the terms and provisions of this chapter, and in keeping with the standards established by the Board of Commissioners as set forth in the LSSACF.
(D)
Exceptions. It is the policy of the county that only such residential development as will reasonably require school facilities will be subject to the terms of this chapter. Thus, certain residential uses which have been previously approved or which have been deemed by the BOC to be of minimal impact on school facilities shall be exempt from the requirements of this chapter. This chapter does not apply to any use, development, project, structure, fence, sign or activity that does not create an impact on public school facilities. At this time, the BOC has specifically found that the BOC has been summoned by the Camden County tax-payers to retain the rural atmosphere. Many landowners in Camden County operate businesses and it has proven difficult for their children to come home to keep those businesses running due to the high cost of living in Camden County. As such, the BOC feels that due to the aid an exemption for parent to child and grandparent to grandchild transfers would provide to the economic structure of Camden County, coupled with the fact that the occurrence of these transfers are infrequent, resulting in a minimal impact on the school system, this exemption achieves a compelling governmental interest. The following is a list of exemptions the BOC has determined to be of minimal impact on school facilities:
(1) Residential housing units located within a subdivision, as defined by the UDO, that received preliminary plat and/or final development approval prior to the time of adoption of this chapter; provided, however, that 365 days from the date of adoption of this chapter, such exemption shall expire if no application for final plat or building permit has been submitted to the county for review; and
(2) Redevelopment of existing residential units and additions to existing residential units; and
(3) Residential development permanently restricted to dormitory housing for university students or age restricted units that cannot be permanently occupied by residents under 55 years of age.
(4) The gift by a property owner of a single lot to each of the property owner’s children, parents, grandparents or grandchildren provided that:
(a) Lots created under this section shall be titled in the name of the family member for whom the subdivision is made, for a period of no less than five years or until their 18th birthday (whichever is greater), unless lots are subject to an involuntary transfer, such as by foreclosure, death, judicial sale, condemnation or bankruptcy.
(b) Lots created under the grandparents or grandchildren exemption grantor shall have owned the property for previous ten years unless inherited through testate or intestate succession
(c) If the original lot or parcel does not front on a publicly dedicated, recorded and maintained street, or an easement recorded prior to January 1, 2006, it shall have reasonable right-of-way, not less than 45 feet in width, providing ingress and egress to a dedicated, recorded public street.
(d) The plat shall be signed by all persons having any real property interest in any land included within the subdivision, including required rights-of-way.
(Ord. 2007-01-01, passed 2-19-07; Am. Ord. 2007-10-03, passed 10-15-07; Am. Ord. 2008-01-05, passed 2-18-08
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