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of and Orange County and the <br /> Board of Education. <br /> 4. Expiration of Certificates of Adequacy of Public Schools Facilities. <br /> (a) A CAPS that has been obtained pursuant to Subsection 2(d) before an application <br /> for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or <br /> conditional or special use permit has been submitted shall expire unless the developer <br /> submits and the [Town] [County] accepts as complete an application for approval of that <br /> subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or <br /> special use permit within 90 days of the date of the CAPS and receives the requested <br /> approval within'two years of the date of the CAPS. <br /> (b) A CAPS issued in connection"with approval of a subdivision preliminary plat, <br /> minor subdivision final plat, site plan, or conditional or special use permit shall expire <br /> automatically upon the expiration of such plat,plan, or permit approval. <br /> 5. Exemption From Certification Requirement for Development with Negligible <br /> Student Generation Rates <br /> A CAPS shall not be required under the following circumstances: <br /> (a) For residential development permanently restricted to dormitory housing <br /> for university students. <br /> (b) For a residential development permanently restricted by law and/or <br /> covenant to housing for the elderly and/or adult care living and/or adult <br /> special needs. <br /> 6. Applicability to Previously Approved Projects and Projects Pending <br /> Approval. <br /> (a) This ordinance and the Memorandum of Understanding between the [governing <br /> body], Orange County and the School District are general in nature and applicable to all <br /> property subject to land use regulation by the [governing body]. Except as otherwise <br /> provided herein, the provisions of this ordinance shall apply to applications for approval <br /> of subdivision preliminary plats, site plans and conditional or special use permits that are <br /> submitted for approval after r I <br /> the effective date of this ordinance <br /> (b) ' The provisions of this ordinance shall apply to subdivision preliminary plats, site <br /> plans and conditional or special use permits that have expired. <br /> (c) The provisions of this ordinance shall not apply to amendments to subdivision <br /> preliminary plat, site plan,,or special or conditional use permit approvals issued prior to <br /> the effective date of this ordinance so long as the approvals have not expired and the <br /> proposed amendments do not increase the number of dwelling units authorized within the <br /> development by more than five percent or five dwelling units,whichever is less. <br /> (d) The [governing body] shall issue a special exception to the CAPS requirement to <br /> an applicant whose application for approval of a subdivision preliminary plat, minor <br /> 1 3 <br />