Agenda - 04-13-2004-10a - Laserfiche WebLink

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platming deparhnent as to the expected rate at which new dwellings within developments similar in size and type to the proposed development are likely to be occupied. Notwithstazrding the foregoing, if, upon request of the applicant, the planning ,jurisdiction approving the development imposes enforceable conditions upon the development (such as a phasing schedule) to limit the rate at which new dwellings wiflrin the development are expected to be occupied, then the School District shall take such limitations into account in determining the impact of the development on school membership. g. The School District shall determine the anrount of available capacity in each school level as of November 15"' in the base year and each November 15"' of the succeeding ten years by subtracting from the building capacity numbers for each of those years the student membership numbers for each of those years. The results shall then be compared with the number of students expected Yo be added to each school level as of November 15°i in each year (as determined in accordance with subsection 3.f above), The School District shall make that information larown to the parties to this agreement within 15 days of the comparison. If the School District determines that the projected remaining capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this Memorandum then the School District shall issue the CAPS. Tf the School District determines that the projected capacity of each school level is not sufficient to accormodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval fiom the appropriate plamTing jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, azid then reapply for a CAPS. h. The School District shall issue GAPS on a "first come first served" basis, according to the date a completed application for a CAPS is received. If projected building capacity is not available and an application for a CAPS is therefore denied, the development retains its priority in line based upon the CAPS application date. Section 4. A CAPS issued in cormection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. Sectimr 5. The towns and the county will provide to the School District all infornration reasonably requested by the School District to assist the District in making its determination as to whether the CAPS should be issued.. Section 6. The School District will use its best efforts to construct new schools and permanent expansions or additions to existing schools in accordance with the CIP. Section 7. Orange County will use its best efforts to provide the funding to carry out the Capital Improvement Plan referenced in Section 1 above. H:\DEPTS\SCHOOLS\SchooisAPFO\apprMOUchcc5062303 doc 5