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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 />11 <br />v~\craiu\sanfn\nrdinance-final 2 <br />