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Approved by Schools and Land.Use Councils 11/14/01; <br /> Draft completed by staff 2/8/02 <br /> 2. Certificate of Adequacy of Public School Facilities. <br /> (a) Subject to the remaining provisions of this [article], no approval under this <br /> ordinance of a subdivision preliminary plat, minor subdivision final plat, site plan, or <br /> conditional or special use permit for a residential development shall become effective <br /> unless and until Certificate of Adequacy of Public School Facilities (CAPS) for the <br /> project has been issued by the School District. <br /> (b) A CAPS shall not be required for a general use or conditional use rezoning or for <br /> a master land use plan. However, even if a rezoning or master plan is approved, a CAPS <br /> 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 will <br /> issue or deny a CAPS in accordance with the provisions of the Memorandum of <br /> Understanding between [Chapel Hill, Carrboro, Orange County, and the Chapel Hill <br /> Carrboro School District] [Orange County, Hillsborough, and the Orange County School <br /> District] dated <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 /> 3. Service Levels. <br /> (a) This section describes the service levels regarded as adequate by the parties to the <br /> Memorandum of Understanding described in subsection (b) with respect to public school <br /> facilities. <br /> (b) As provided in the Memorandum of Understanding between [Orange County, <br /> Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School District] [Orange County, <br /> Hillsborough, and the Orange County School District], adequate services levels for public <br /> schools shall be deemed to exist with respect to a proposed new residential development <br /> if, given the number of school age children projected to reside in that development, and <br /> considering all the factors listed in the Memorandum of Understanding, projected school <br /> membership for the elementary schools, the middle schools, and the high school(s)within <br /> the [Chapel Hill/Carrboro] [Orange County] School District will not exceed the following <br /> percentages of the building capacities of each of the following three school levels: <br /> elementary school level 105% <br /> middle school level 107% <br /> high school level 110% <br /> g:\craig\sapfo\ordinance-final 2 <br />