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31 <br />6.19.5 Certificate of Adequate Public School Facilities <br />(A) Subject to the remaining provisions of this Article, no approval of a site plan, special use <br />permit, a major subdivision preliminary plat or a minor subdivision final plat for a <br />residential development shall become effective unless and until a Certificate of Adequate <br />Public School Facilities (CAPS) for the project has been issued by the School District. <br />(B) A CAPS shall not be required for a general use or special use rezoning or for a master land <br />use plan. However, even if a rezoning or master plan is approved, a CAPS will <br />nevertheless be required before any of the permits or approvals identified in subsection <br />(A) of this section shall become effective, and the rezoning of the property or approval of <br />a master plan provides no indication as to whether the CAPS will be issued. The <br />application for rezoning or master plan approval shall contain a statement to this effect. <br />(C) A CAPS must be obtained from the School District. The School District will issue Q;- ^ <br />CAPS in accordance with the provisions of the MOUs. <br />(D) A CAPS attaches to the land in the same way that development permission attaches to the <br />land. A CAPS may be transferred along with other interests in the property to which such <br />CAPS is issued, but may not be severed or transferred separately. <br />6.19.6 Expiration of Certificates of Adequate Public School Facilities <br />A CAPS issued in connection with approval of a site plan, special use permit, a major subdivision <br />preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of <br />such permit approval. <br />6.19.7 Exemption From CAPS <br />(A) In recognition of the fact that some new development will have a negligible impact on school <br />capacity, a CAPS shall not be required for the following: <br />(1) Residential developments restricted by law and /or covenant for a period of at least 30 <br />years to housing for the elderly and /or adult care living and /or adult special <br />needs; <br />(2) Residential developments restricted for a period of at least 30 years to dormitory <br />housing for university students. <br />(B) If the use of a development restricted as provided herein changes, then before a permit <br />authorizing such change of use becomes effective, a CAPS must be issued just as if the <br />development were being constructed initially. <br />6.19.8 Previously Approved Projects and Projects Pending Approval <br />(A) Except as otherwise provided herein, the provisions of this Section shall only apply to <br />applications for approval of site plans, special use permits, major subdivision preliminary <br />plats or minor subdivision final plats that are submitted for approval after the effective <br />date of this Section. <br />(B) The provisions of this Section shall not apply to amendments to site plans, special use <br />permits, major subdivision preliminary plats or minor subdivision final plats issued prior to <br />the effective date of this Section so long as the approvals have not expired and the <br />