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(c) The Board of County Commissioners shall issue a special exception to the <br />CAPS requirement to an applicant whose application for approval of a major subdivision <br />preliminary. plat covers property within a planned unit development or master plan <br />project that was approved .prior to .the effective date of this Section, if the Board of <br />County Commissioners finds, after an evidentiary hearing, that the applicant has (1) <br />applied to the School District for a CAPS and the application has been denied, (2) in <br />good faith made substantial expenditures or incurred substantial binding obligations in <br />reasonable reliance on the previously obtained planned. unit development or master <br />plan approval, and (3) would be unreasonably prejudiced if development in accordance <br />with the previously approved development or plan is .delayed due to the provisions of <br />this Section. In deciding whether these findings can be made, the Board of County <br />Commissioners shall consider the following, among other relevant factors: <br />(1) Whether the developer has installed streets, utilities, or other <br />facilities or expended substantial-sums in the planning and preparation for <br />installation of such facilities which were designed to serve or to be paid for <br />in part by the development of portions of the planned unit development or <br />master planned project that have not yet been approved for construction; <br />(2) Whether the developer has installed streets, utilities, or other <br />facilities or expended substantial sums in the planning and preparation for <br />installation of such facilities that directly benefit other properties outside <br />the development in question or the general public; <br />(3) Whether the developer has donated land to the School District for <br />the construction of school facilities or otherwise dedicated land or made <br />improvements deemed to benefit the School District and its public school <br />system; <br />(4) Whether the developer has had development approval for a <br />substantial amount of time and has in good faith worked to .timely <br />implement the plan in reasonable- reliance on the previously obtained <br />approval; <br />(5) The duration of the delay that will occur until public school facilities <br />are improved or exist to such an extent that a CAPS can be issued for the <br />project, -and the effect of such delay on the development- and the <br />developer. <br />(d) The decision of the Board of County Commissioners involving a special <br />exception application under subsection (c) is subject to review by the Orange County <br />Superior Court by proceedings in the nature of certiorari.. Any petition for review by the <br />Superior Court shall be filed with the Clerk of Superior Court within 30 days after a <br />written copy of the decision of the Board of County Commissioners is delivered to the <br />applicant and every other party who has filed a written request for such copy with the <br />Clerk to the Board of County Commissioners at the time of its hearing on the application <br />for a special exception. The written copy of the decision of the Board of County <br />Commissioners may be delivered either by personal service or by certified mail, return <br />receipt requested. <br />-65-x- <br />