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e <br /> (iii) Developments for which subdivision preliminary plat, minor <br /> subdivision final plat or site plan approval applications have been <br /> submitted but not yet granted, so long as CAPS for such projects have <br /> been issued and remain unexpired or special exceptions that have been <br /> granted; <br /> (iv) Any phasing and time schedule for project development consistent <br /> with preliminary plat and/or master plan application and, if applicable, <br /> approval. <br /> d. Any other factors deemed relevant by the School District in determining <br /> whether each school level will meet the level of service described herein if <br /> the proposed project is constructed. <br /> Section 4. A CAPS that has been obtained before an application for approval of a <br /> subdivision preliminary plat, minor subdivision final plat, site plan, or conditional <br /> or special use permit has been submitted shall expire unless the developer submits <br /> and the [Town/County] accepts as complete an application for its approval within <br /> 90 days of the date of the CAPS and receives the requested approval within two <br /> years of the date of the CAPS. A CAPS issued in connection with approval of a <br /> subdivision preliminary plat, minor subdivision final plat, site plan, or conditional <br /> or special use permit shall expire automatically upon the expiration of such plat, <br /> plan, or permit approval. <br /> Section 5. The towns and the county will provide to the School District all information <br /> reasonably requested by the School District to assist the District in making its <br /> determination as to whether the CAPS should be issued, including without <br /> limitation all information the other parties to this agreement have regarding the <br /> matters specified in Section 3.c.(i)through(iv) above. <br /> Section 6. The School district will use its best efforts to construct schools and/or permanent <br /> expansion/additions in accordance with the CIP referenced in Section 1 above. <br /> Section 7. Orange County will use its best efforts to provide the funding to carry out the <br /> capital facilities program referenced in Section 1 above. <br /> Section 8. In recognition of the fact that some new development will have a negligible <br /> impact on school capacity, a CAPS shall not be required under the following <br /> circumstances: (a) for a residential development permanently restricted by law <br /> and/or covenant to housing for the elderly and/or adult care living and/or adult <br /> special needs, (b) for residential development permanently restricted to dormitory <br /> housing for university students. <br /> Section 9. The parties acknowledge that this Memorandum of Understanding is not intended <br /> to and does not create legally binding obligations on any of the parties to act in <br /> accordance with its provisions. Rather, it constitutes a good faith statement of the <br /> intent of the parties to cooperate in a manner designed to meet the mutual <br /> objective of all the parties that the children who reside within the School District <br /> are able to attend school levels that satisfy the level of service standards set forth <br /> herein. <br /> lsg:orangecounty\MU-ORANG3clean.doc <br /> 3 <br />