Agenda - 04-20-2004-9d - Laserfiche WebLink

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planning 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- Notwithstanding 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 witlrin 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 amount of available capacity in each school level as of November 15°i in the base year and each November 15°i 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 compued with the number of shrdents expected to 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 known to the parties to this agreement within 15 days of the comparison. If the School District determines that the projected r°emaining 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 If the School District determines that the projected capacity of each school level is not Buff dent to accommodate 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 from the appropriate plamring jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS.. h. The School District shall issue CAPS 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 a1r 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 comiection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use pernrit shall expire automatically upon the expiration of such plat, plan, or permit approval. Section 5. The towns and fire county will provide to the School District all information reasonably requested by the School District to assist the District in malting its determination as to whether the CAPS should be issued.. Section G The School District will use its best efforts to construct new schools and pern~anent expansions or additions to existing schools in accordance with the CIP. Section 7. Orange County will use its best efforts to provide the firnding to carry out the Capital hnprovement Plan referenced in Section 1 above. H'\DEPTS\SCHOOLS\SchoolsAPFO\apprMOUChccs062303 dot 5