§ 153.06 DENIAL OF CAPS AND ADVANCEMENT OF CAPACITY.
   (A)   A CAPS application shall be issued only upon the finding that adequate school facilities exist at the time of application. In the event that such finding cannot be made, a CAPS cannot be issued. In such event, the applicant may, at its option:
      (1)   Provide an Advancement of Capacity (AOC) to the county as specified; or
      (2)   Appeal the denial of a CAPS certificate as described below; or
      (3)   Reapply for a CAPS at the earlier of such time as adequate capacity exists, as determined by the county according to the criteria set forth in LSSACF, or ten years.
   (B)   In the event that a finding of adequate facilities cannot be made such that the Administrator denies an application for a CAPS, the county will issue a CAPS for an initially denied application for the subject property at the earliest or the three following dates:
      (1)   June 30th of the year in which the CSCNS and county CIP specifies provision of adequate capacity at the schools in the attendance district(s) over which the CAPS application was denied; or
      (2)   Actual provision of adequate capacity at the schools in the attendance district(s) over which the CAPS application was denied; or
      (3)   Ten years from the original CAPS application date provided all other conditions of approval specified in this chapter are met.
   (C)   If the Administrator determines that a CAPS cannot be issued due to inadequate school capacity, an applicant may obtain a CAPS by providing an Advancement of Capacity (AOC) in the form of:
      (1)   A payment as specified in LSSACF; or
      (2)   The dedication of land for the purpose of school facility construction provided that such land is located within an area targeted for school construction by the CSCNS and such dedication is approved by the Board of Education; or
      (3)   The construction of school facilities in accordance with the CSCNS and with the approval of the Board of Education; or
      (4)   Such other contributions as shall be acceptable by the Camden County BOC upon a finding by the BOC that such contribution shall be in keeping with the CSCNS and that such contribution is in the public interest and will otherwise accomplish the goals of this chapter.
(Ord. 2007-01-01, passed 2-19-07)