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12 <br />residential use. may be accepted as complete unless on the date of such accept;,ttce there <br />exists a valid and current Certificate of Adequacy of 1?ubIic Schools Facilities (CAPS) <br />applicable to the project for which such approval is sought. <br />(b) A CAPS 5ha11 not be required for. a general use or conditional use rezoning or for <br />approval of a master land use plan.. However, if a rezoting ar master plan is approved, a <br />CAPS will be required before .any residential development of the property is authorised <br />pursuant to arty of the approvals specified in subsection (a) of this sectiort, and the <br />rezoning of the property ar approval of a master plan provides no indication as io 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 accardaatce with the provisions of the Memorandum of <br />Understanding between [Chapel Hill,. Garrboro, Qrange County; and the Chapel Hill <br />Carrboro Schoo) 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 ader~uate by the parties to the <br />Memorandum o.f 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 Hi11, Carrboro, and the Chapel Hill/Carrboro School District] [Orange Coustty, <br />Hillsborough,.and the Orazrge 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 ztumber of school age children projected to reside in that development, grad <br />considering all the factors listed in the lvl.emorandum 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 F•Zi1UCarrboro] [Orange County] school District will not <br />exceed the following percentabcs of the building capacities of each of the following three <br />school levels: <br />elementary school level 1 ~% <br />middle school level ~°/, <br />high school level 11 <br />~'or purposes of this ordinance, the term "building capacity" means the capacity of <br />permanent buildings, not mobile units or trailers in v' r <br />h 1' ill ' t n o <br />