OCPS Implements Changes to Capacity Enhancement & School Concurrency Processes

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Orange County Public Schools (OCPS) recently implemented a number of changes to the Capacity Enhancement and School Concurrency review processes, which should result in shortened approval timeframes and other cost and time savings for builders and developers, as detailed below:

  1. OCPS created a shortened School Concurrency review process for projects which (i) have a Capacity Enhancement Agreement (CEA) in place or are in the process of obtaining a CEA and (ii) the Proportionate Share is less than or equal to the Capital Contribution. Projects that meet these criteria will only need to submit email correspondence indicating the desire to begin the School Concurrency review process, in lieu of the formal Capacity Encumbrance Letter (CEL) Application (County) or OCPS Application for Capacity Determination and Concurrency Recommendation (for Cities and Towns subject to the Interlocal Agreement). The outcome of this streamlined process will provide a CEL, instead of a Concurrency Mitigation Agreement (CMA) (which requires public hearings before both the School Board and the applicable local government);
  2. The number of public hearings before the School Board required for both a CEA and CMA is now only one (1) reading, in lieu of the two (2) readings previously required before the School Board; and
  3. Wire transfers are now available as an option for payment to OCPS of Proportionate Share and Mitigation fees.

Additionally, OCPS is currently developing version 2.0 of its internal Capacity Analysis, Review and Monitoring Application (CARMA), the system they use to conduct Capacity Enhancement and School Concurrency review. CARMA 2.0 will have a public platform that will allow for online submission of applications and electronic payment of application fees. More information on this system will be provided in a follow up update as it becomes available.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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