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Article 6: Development Standards 298 Section 6.19:Adequate Public Facilities: Schools Adequate Public School Facilities (CAPS)for the project has been issued by the School District. (B) A CAPS shall not be required for aconventional or conditional district rezoning ^F SpeGial use rezeniRg or for a master land use plan. However, even if a rezoning or master plan is approved, a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (A) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for rezoning or master plan approval shall contain a statement to this effect. (C) A CAPS must be obtained from the School District. The School District will issue or deny a CAPS in accordance with the provisions of the MOUs. (D) A CAPS attaches to the land in the same way that development permission attaches to the land. A CAPS may be transferred along with other interests in the property to which such CAPS is issued, but may not be severed or transferred separately. 6.19.6 Expiration of Certificates of Adequate Public School Facilities A CAPS issued in connection with approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval. 6.19.7 Exemption From CAPS (A) In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required for the following: (1) Residential developments restricted by law and/or covenant for a period of at least 30 years to housing for the elderly and/or adult care living and/or adult special needs; (2) Residential developments restricted for a period of at least 30 years to dormitory housing for university students. (B) If the use of a development restricted as provided herein changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. 6.19.8 Previously Approved Projects and Projects Pending Approval (A) Except as otherwise provided herein, the provisions of this Section shall only apply to applications for approval of site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Section. (B) The provisions of this Section shall not apply to amendments to site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this Section so long as the approvals have not expired and the proposed amendments do not increase the number of dwelling units authorized within the development by more than 5% or five dwelling units, whichever is less. (C) Special Exceptions (1) The Board of County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat covers property within a planned unit development or master plan project that was approved prior to the effective date of this Section, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has: Orange County, North Carolina—Unified Development Ordinance Page 6-139