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293 <br /> Article 6: Development Standards <br /> Section 6.19:Adequate Public Facilities: Schools <br /> (1) There are two Schools Adequate Public Facilities Memoranda of Understanding, <br /> hereafter referred to as"the MOUs"or"the MOU"as the context requires,each <br /> relative to one of the two school districts in the County. <br /> (2) Parties to the two agreements are as follows: <br /> (a) Chapel Hill-Carrboro School District- The Town of Chapel Hill,Town of <br /> Carrboro,Orange County,and Chapel-Hill Carrboro City Board of <br /> Education. <br /> (b) Orange County School District-Town of Hillsborough,Orange County, <br /> and Orange County Board of Education. <br /> (B) For purposes of this Section,the terms"building capacity"and"school membership" <br /> shall have the same meaning attributed in the MOUs. <br /> (C) The Chair of the Board of County Commissioners or any member temporarily acting as <br /> Chair may,in his or her official capacity,administer oaths to witnesses in any hearing <br /> before the Board of County Commissioners concerning a special exception or an <br /> appeal of School District denial of a CAPS. <br /> 6.19.3 Applicability <br /> (A) The provisions of this Section shall apply to the entirety of the County lying outside of <br /> the following: <br /> (1) The municipalities therein, <br /> (2) The extraterritorial planning jurisdiction,if any,of the municipalities therein and <br /> (3) The Joint Planning Area Transition Area,if any,of the municipalities therein. <br /> (B) The Chapel Hill-Carrboro School District and the Orange County School District are <br /> each declared an overlay district in order to implement Schools Adequate Public <br /> Facilities as prescribed in this Section.Within the Chapel Hill-Carrboro School District <br /> Overlay District and within the Orange County School District Overlay District,the <br /> provisions of this Section apply. <br /> 6.19.4 Service Levels <br /> (A) As provided in the MOUs,adequate service levels for public schools shall be deemed <br /> to exist with respect to a proposed new residential development if,given the number of <br /> school age children projected to reside in that development,and considering all the <br /> factors listed in the MOU,projected school membership for the elementary schools,the <br /> middle schools,and the high schools within the School District will not exceed the <br /> following percentages of the building capacities of each of the following three school <br /> levels: <br /> SCHOOLTABLE 6.19.4.A: <br /> Elementary School 105% <br /> Middle School 107% <br /> High School 110% <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 <br /> use 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 <br /> Adequate Public School Facilities(CAPS)for the project has been issued by the <br /> School District. <br /> (B) A CAPS shall not be required for a geR8ral 6i&econventional or conditional district <br /> rezoning or special use rezoning or for a master land use plan. However,even if a <br /> Orange County,North Carolina—Unified Development Ordinance Page 6-139 <br />