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residential use may be accepted as complete unless on the date of such acceptance there <br /> exists a valid and current Certificate of Adequacy of Public Schools Facilities (CAPS) <br /> applicable to the project for which such approval is sought. <br /> (b) A CAPS shall not be required for a general use or conditional use rezoning or for <br /> approval of a master land use plan. However, if a rezonin&or master plan is approved, a <br /> CAPS will be required before any residential development of the property is authorized <br /> pursuant to any of the approvals specified in subsection (a) of this section, and the <br /> rezoning of the property or approval of a master plan provides no indication as to whether <br /> the CAPS will be issued. The application for rezoning or master plan approval shall <br /> contain a statement to this effect. <br /> (c) A CAPS must be obtained from the School District. The School District will <br /> issue or deny a CAPS in accordance with the provisions of the Memorandum of <br /> Understanding between [Chapel Hill, Carrboro, Orange County, and the Chapel Hill <br /> Carrboro School District] [Orange County, Hillsborough, and the Orange County School <br /> District] dated <br /> (d) An applicant shall seek from the School District a CAPS for a proposed <br /> residential development before an application for approval of a subdivision preliminary <br /> plat, minor subdivision final plat, site plan, or conditional or special use permits <br /> submitted to the [town] [county]. The CAPS, if issued, shall expire as provided in <br /> Section 4. <br /> (e) A CAPS attaches to the land in the same way that development permission <br /> attaches to the land. A CAPS may be transferred along with other interests in the <br /> property with respect to which such CAPS is issued, but may not be severed or <br /> transferred separately. <br /> 3. Service Levels. <br /> (a) This section describes the service levels regarded as adequate by the parties to the <br /> Memorandum of Understanding described in subsection (b) with respect to public school <br /> facilities. <br /> (b) As provided in the Memorandum of Understanding between [Orange County, <br /> Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School District] [Orange County, <br /> Hillsborough, and the Orange County School District], adequate service levels for public <br /> schools shall be deemed to exist with respect to a proposed new residential development <br /> if, given the number of school age children projected to reside in that development, and <br /> considering all the factors listed in the Memorandum of Understanding, the number of <br /> students projected to attend the elementary schools, the middle schools, and the high <br /> school[s] within the [Chapel Hill/Carrboro] [Orange County] School District will not <br /> exceed the following percentages of the building capacities of each of the following three <br /> school levels: <br /> elementary school level f05% <br /> middle school level 107% <br /> high school level 110% <br /> For purposes of this ordinance, the term "building capacity" means the capacity of <br /> permanent buildings, not mobile units or trailers, and shall be determined as provided in <br /> the Adequate Public School Facilities Memorandum of Understanding among the Towns <br /> 2 <br />