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I . The adopted Level of Service Standard will be achieved and maintained for each year of the five year planning period; and 2 . The utilization of School Capacity will be maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors such as those described in the definition herein of Maximized Utilization . 13 .3 Level of Service (LOS) (a) The adopted Level of Service Standard for each year of the five year planning period and through the long term planning period for each School Service Area will be 100% of the FISH Capacity. 13 .4 Exemptions (a) The following residential uses shall be considered exempt from the requirements of school concurrency: 1 . All single family lots of record at the time the School Concurrency implementing ordinance becomes effective. 2 . Any Residential Development that received a site plan approval or its functional equivalent prior to July 1 , 2008, where that approval has not expired and the approval remains valid . 3 . Any amendment to any previously approved Proposed Residential Development which does not increase the number of dwelling units or change the type of dwelling units (single- family to multi-family, etc .) . 4 . Any Age restricted community with no permanent residents under the age of eighteen ( 18) . Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. (b) Upon request by a Developer submitting a land development application with a residential component, the School District shall issue a determination as to whether or not the development, lot or unit is exempt from the requirements of school concurrency. 13 . 5 School Concurrency Regulations (a) Each Local Government shall adopt school concurrency provisions into its Land Development Regulations (LDRs), with an effective date of July 1 , 2008, consistent with the requirements of this Agreement. 1 . In the event that any City does not satisfy this requirement, the City shall be deemed to have 'opted in " to the County school concurrency Land Development Regulations and agrees to be bound by the terms and provisions therein until it adopts its own School Concurrency Ordinance. Each Local Government represents that its governing body has prior to the effective date of this Agreement adopted such ordinance and taken such other action as is required by law to effectuate this mandatory " op in " provision if it is triggered. 2 . At any time, any Local Government may opt out of the County' s implementing ordinance through implementing its own school concurrency ordinance. FiCommunity DevelopmentTsers\LONG RANGEICompPlan AmendmentsTublic Schools\UpdatesUA\FINAL IRC Interlocal Agreement - January 31, 2008_doc 22