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level is sufficient to accommodate the proposed development without <br />exceeding the building capacity levels set forth in Section 1 of this <br />Memorandum then the School District shall issue the CAPS. If the School <br />District determines that the projected capacity of each school level is not <br />sufficient to acconunodate the proposed development without exceeding <br />the building capacity levels set forth in Section 1, then the School District <br />shall deny the CAPS. If a CAPS is denied, the applicant may seek <br />approval from the appropriate planning,jurisdiction of such modifications <br />to the development as will allow for the issuance of a CAPS, and then <br />reapply for a CAPS. <br />For the period of time begimming the effective date of the ordinances <br />referred to in Section 2 of this MOU azid terminating on the day on which <br />the third high school within the Chapel Hill-Carrboro City School Dishict <br />is first attended by high school students, the determination by the Chapel <br />Hill-Carrboro City School District that adequate service levels for public <br />schools exist shall be made without regard to whether or not school <br />membership within the High School level exceeds 110%ofBuilding <br />Capacity. On and after the day on which the third high school within the <br />Chapel Hill-Carrboro City School District is first attended by high school <br />students, determination by the Chapel Hill-Carrboro City School District <br />that adequate service levels for public schools exist shall be made only if <br />school membership within each school level does not exceed the <br />following: <br />Elementary School 105% ofBuilding Capacity <br />Middle School 107%ofBuilding Capacity <br />High School 110%ofBuilding Capacity <br />This the day of , 20_ <br />TOWN OF CARRBORO <br />SEAL, <br />Attest: <br />Mayor <br />By: <br />Town Clerlc <br />