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13 <br /> Hillsborough, the Orange County Board of Education and Orange County] (MOU or <br /> MOUs), adequate service levels for public schools shall be deemed to exist with respect <br /> to a proposed new residential development if, given the number of school age children <br /> projected to reside in that development, and considering all the factors listed in the <br /> MOUs, projected school membership for the elementary schools, the middle schools, and <br /> the high school(s) within the [Chapel Hill-Carrboro City School District and within the <br /> Orange County School District] does not exceed the following percentages of the <br /> building capacities of each of the following three school levels: <br /> Elementary School 105% of Building Capacity <br /> Middle School 107% of Building Capacity <br /> High School 110% of Building Capacity <br /> [For the period of time beginning the effective date of this ordinance and terminating on <br /> the day on which the third middle school within the Orange County School District is <br /> first attended by middle school students, the determination by the Orange County School <br /> District that adequate service levels for public schools exist shall be made as prescribed <br /> above but without regard to whether or not projected capacity of the Middle School level <br /> exceeds 107% of Building Capacity. On and after the day on which the third middle <br /> school within the Orange County School District is first attended by middle school <br /> students, determination by the Orange County School District that adequate service levels <br /> for public schools exist shall be made only if projected capacity of each school level does <br /> not exceed the following: <br /> Elementary School 105% of Building Capacity <br /> Middle School 107% of Building Capacity <br /> High School 110% of Building Capacity <br /> For the period of time beginning the effective date of this ordinance and terminating on <br /> the day on which the third high school within the Chapel Hill-Carrboro City School <br /> District is first attended by high school students, the determination by the Chapel Hill- <br /> Carrboro City School District that adequate service levels for public schools exist shall be <br /> made without regard to whether or not projected capacity of the High School level <br /> exceeds 110% of Building Capacity. On and after the day on which the third high school <br /> within the Chapel Hill-Carrboro City School District is first attended by high school <br /> students, determination by the Chapel Hill-Carrboro City School District that adequate <br /> service levels for public schools exist shall be made only if projected capacity of each <br /> school level does not exceed the following: <br /> Elementary School 105% of Building Capacity <br /> Middle School 107% of Building Capacity <br /> High School 110%of Building Capacity] <br /> For purposes of this ordinance, the terms "building capacity" and "school membership" <br /> shall have the same meaning attributed in the MOUS. <br /> 3 <br />