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DRAFT 4 <br />exists a valid and current Certificate of Adequacy of Public Schools Facilities (CAPS) <br />applicable to the project for which such approval is sought. <br />(b) A CAPS shall not be required for a general use or conditional use rezoning ar for <br />approval of a master land use plan. However, if a rezoning or master plan is approved, a <br />CAPS will be required before any 'residential development of the property is authorized <br />pursuant to any of the approvals specified in subsection (a) of this section, and ,the <br />rezoning of the property or approval of a master plan provides no indication as to whether <br />the GAPS will be issued. The application for rezoning or master plan approval shall <br />contain a statement to this 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 Hi11, Carrboro, Orange County, and the Chapel Hill <br />Carrboro School District] [Orange County, Hillsborough, and the Orange County School <br />District] dated <br />(d) An applicant shall seek from the School District a CAPS far a proposed <br />residential development before an application for approval of a subdivision preliminary <br />plat, minor subdivision final plat, site plan, or conditional or special use ,permits <br />submitted to the [town] [county]. The CAPS, if issued, shall expire as provided in <br />Section 4. <br />(e) 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 HilUCarrbaro School District] [Orange County, <br />Hillsborough, and the Orange County School District], adequate service 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, the number of <br />students projected to attend the elementary schools, the middle schools, and the high <br />school[s] within the [Chapel HilUCarrboro] [Orange County] School District will not <br />exceed the fallowing percentages of the building capacities of each of the following three <br />school levels: <br />elementary schaol level 105% <br />middle school level 10'1% <br />high school level 110% <br />For purposes of this ordinance, the term "building capacity" means the capacity of <br />permanent buildings, not mobile units or trailers: <br />