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Ib <br />the CAPS. If the School District determines that the projected capacity of <br />each school level is not sufficient to accommodate the proposed <br />development without exceeding the building capacity levels set forth in <br />Section 1, then the School District shall deny the CAPS. If a CAPS is <br />denied, the applicant may seek approval from the appropriate planning <br />jurisdiction of such modifications to the development as will allow for the <br />issuance of a CAPS, and then reapply for a CAPS. <br />h. 'The School District shall issue CAPS on a "first come first served" basis, <br />according to the date a completed application for a CAPS is received. If <br />projected building capacity is not available and an application for a CAPS <br />is therefore denied, the development retains its priority in line based upon <br />the CAPS application date. <br />Section 4. A CAPS issued in connection with approval of a subdivision preliminary plat, <br />minor subdivision final plat, site plan, or conditional or special use permit shall <br />expire automatically upon the expiration of such plat, :plan, or permit approval. <br />Section 5. The towns and the county will provide to the School District all information <br />reasonably requested by the School District to assist the District in making its <br />determination as to whether the CAPS should be issued. <br />Section 6. The School District will, use its best efforts to construct new schools and <br />permanent expansions or additions to existing schools in accordance with the CIP. <br />Section 7. Orange County will use its best efforts to provide the funding to carry out the <br />Capital Improvement Plan referenced in Section 1 above. <br />Section 8. In recognition of the fact that some new development will have a negligible <br />impact on school capacity, a CAPS shall not be required under the following <br />circumstances: <br />a. For residential developments restricted by law and/or covenant for a <br />period of at least thirty years to housing for the elderly and/or adult care <br />living and/or adult special needs; <br />b. For residential developments restricted for a period of at least thirty years <br />to dormitory housing for university students. <br />If the use of a development restricted as provided above changes, then before a <br />permit authorizing such change of use becomes effective, a CAPS must be issued <br />just as if the development were being constructed initially. <br />Section 9. The parties acknowledge that this Memorandum of Understanding is not intended <br />to and does not create legally binding obligations on any of the parties to act in <br />accordance with its provisions. Rather, it constitutes a good faith statement of the <br />intent of the parties to cooperate in a manner designed to meet the mutual <br />objective of all the parties that the children who reside within the School District <br />are able to attend school levels that satisfy the level of service standards set forth <br />herein. <br />IICOLEMANPDCISHAREDILisalorangecountylmou for chccs cb version with geg chgs.doc 6 <br />