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15 <br /> likely to be occupied. Notwithstanding the foregoing, if, upon request of <br /> the applicant, the planning jurisdiction approving the development <br /> imposes enforceable conditions upon the development (such as a phasing <br /> schedule) to limit the rate at which new dwellings within the development <br /> are expected to be occupied, then the School District shall take such <br /> limitations into account in determining the impact of the development on <br /> school membership. <br /> g. The School District shall determine the amount of available capacity in <br /> each school level as of November 151h in the base year and each <br /> November 15th of the succeeding ten years by subtracting from the <br /> building capacity numbers for each of those years the student membership <br /> numbers for each of those years. The results shall then be compared with <br /> the number of students expected to be added to each school level as of <br /> November 15th in each year (as determined in accordance with subsection <br /> 3.f above). The School District shall make that information known to the <br /> parties to this agreement within 15 days of the comparison. If the School <br /> District determines that the projected remaining capacity of each school <br /> level is sufficient to accommodate the proposed development without <br /> exceeding the building capacity levels set forth in Section 1 of this <br /> Memorandum then the School District shall issue the CAPS. If the <br /> School District determines that the projected capacity of each school level <br /> is not sufficient to accommodate the proposed development without <br /> exceeding the building capacity levels set forth in Section 1, then the <br /> School District shall deny the CAPS. If a CAPS is denied, the applicant <br /> may seek approval from the appropriate planning jurisdiction of such <br /> modifications to the development as will allow for the issuance of a <br /> CAPS, and then reapply for a CAPS. <br /> h. The School District shall issue CAPS on a "first come first served" basis, <br /> according to the date a completed application for a CAPS is received. If <br /> projected building capacity is not available and an application for a CAPS <br /> is therefore denied, the development retains its priority in line based upon <br /> the CAPS application date. <br /> Section 4. 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 <br /> expire automatically upon the expiration of such plat,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. <br /> Section 6. The School District will use its best efforts to construct new schools and <br /> permanent expansions or additions to existing schools in accordance with the CIP. <br /> Section 7. Orange County will use its best efforts to provide the funding to carry out the <br /> Capital Improvement Plan referenced in Section 1 above. <br /> HASAPFO\mou for oc bd of educ cb version with geg chgs clean.doc 5 <br />