Orange County NC Website
-~O~ <br />4. Expiration of Certificates of Adequacy of Public Schaals Facilities. <br />(a) A CAPS that has been obtained pursuant to Subsection 2(d) before an application <br />for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or <br />conditional or special use permit has been submitted shall expire unless the developer <br />submits and the [Town] [County] accepts as complete an application for approval of that <br />subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or <br />special use permit within 90 days of the date of the CAPS and receives the requested <br />approval within two yeazs of the date of the CAPS. <br />(b) 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 expire <br />automatically upon the expiration of such plat, plan, or permit approval. <br />5. Exemption From Certification Requirement for .Small and Low Density <br />Developments. <br />A CAPS shall not be required under the following circumstances: <br />(a) Zf the density of the proposed residential development does not exceed (i) <br />one dwelling unit per 10 acres of the development tract, or (ii) a total of four <br />dwelling units on any lot that was in existence on the effective date of this <br />ordinance: <br />(b) For a residential development restricted to housing for the elderly. <br />6. Applicability to ~J Previously Approved Projects and Projects Pending <br />Approval <br />(a) This ordinance and the Memorandum of Understanding between the [governing <br />body], Orange County and the School District aze general in nature and applicable to all <br />property subject to land use regulation by the [governing body]. Except as otherwise <br />provided herein, the provisions of this ordinance shall apply to applications for approval <br />of subdivision preliminary plats, site plans and' conditional or special use permits that aze <br />submitted for approval after the effective date of this ordinance . <br />(b) The provisions o£ this ordinance shall apply to subdivision preliminary plats, site <br />plans and conditional or special use permits that have expired. <br />(c) The provisions of this ordinance shall not apply to amendments to subdivision <br />preliminary plat, site plan, or special or conditional use permit approvals issued prior to <br />the effective date of this ordinance so long as the approvals have not expired and the <br />proposed amendments do not increase the number of dwelling units authorized within the <br />development by more than five percent. <br />(d) The [governing body] shall issue a special exception to the CAPS requirement to <br />an applicant whose application for approval of asubdivision preliminary plat, minor <br />