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Drag completed by Staff 6/04/03 3q <br />Revised 6/25/03 v' <br />15.1.2 Applicability <br />The provisions of this Article shall apply to the following areas: The entirety of <br />the County lying outside of the municipalities therein, outside of the extraterritorial <br />planning jurisdiction, if any, of the municipalities therein and also outside of the Joint <br />Planning Area Transition area, if any, of the municipalities therein. <br />The Chapel Hill-Carrboro School District and the Orange County School District <br />are each declared to be an overlay district in order to implement Schools Adequate Public <br />Facilities as prescribed in this Article. Within the Chapel Hill-Carrboro School District <br />Overlay District and within the Orange County School District Overlay District, the <br />provisions of this Article apply. <br />15.1.3-15.1.9 Reserved <br />15.2 Administration <br />15.2.1 Certificate of Adequacy of Public School Facilities. <br />(a) Subject to the remaining provisions of this Article, no approval of a site <br />plan, special use permit, a major subdivision preliminary plat or a minor subdivision final <br />plat for a residential development shall become effective unless and until a Certificate of <br />Adequacy of Public Schools Facilities (CAPS) for the project has been issued by the <br />School District. <br />(b) A CAPS shall not be required for a general use or special use rezoning or <br />for a master land use plan. However, even if a rezoning or master plan is approved, a <br />CAPS will nevertheless be required before any of the permits or approvals identified in <br />subsection (a) of this section shall become effective, and the rezoning of the property or <br />approval of a master plan provides no indication as to whether the CAPS will be issued. <br />The application for rezoning or master plan approval shall contain a statement to this <br />effect. <br />(c) A CAPS must be obtained from the School District. The School District <br />will issue or deny a CAPS in accordance with the provisions of the Schools Adequate <br />Public Facilities Memorandum of Understanding, as to the Chapel Hill-Carrboro School <br />District, between Carrboro, Chapel Hill, Orange County, and the Chapel Hill-Carrboro <br />City Board of Education and as to the Orange County School District, between <br />Hillsborough, Orange County and the Orange County Board of Education. These <br />Memoranda of Understanding are hereafter referred to as "the MOUs" or "the MOU" as <br />the context requires. <br />(d) A CAPS attaches to the land in the same way that development permission <br />attaches to the land. A CAPS may be transferred along with other interests in the <br />property with respect to which such CAPS is issued, but may not be severed or <br />transferred separately. <br />\\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc 2 <br />