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subdivision final plat, site plan or conditional or special use permit covering property J <br /> within a planned unit development or master plan project that was approved prior to the <br /> effective date of this ordinance, if the [governing body] finds, after an evidentiary <br /> hearing, that the applicant has (1) applied to the School District for a CAPS and the <br /> application has been denied, (2) in good faith made substantial expenditures or incurred <br /> substantial binding obligations in reasonable reliance on the previously obtained planned <br /> unit development or master plan approval, and (3) would be unreasonably prejudiced if <br /> development in accordance with the previously approved development or plan is delayed <br /> due to the provisions of this ordinance. In deciding whether these findings can be made, <br /> the [governing body] shall consider the following, among other relevant factors: <br /> (1) Whether the developer has installed streets, utilities, or other facilities or <br /> expended substantial sums in the planning and preparation for installation of such <br /> facilities which were designed to serve or to be paid for in part by the <br /> development of portions of the planned unit development or master planned <br /> project that have not yet been approved for construction; <br /> (2) Whether the developer has installed streets, utilities, or other facilities or <br /> expended substantial sums in the planning and preparation for installation of such <br /> facilities that directly benefit other properties outside the development in question <br /> or the general public; <br /> (3) Whether the developer has donated land to the School District for the <br /> construction of school facilities or otherwise dedicated land or made <br /> improvements deemed to benefit the School District and its public school system; <br /> (4) Whether the developer has had development approval for a substantial <br /> amount of time and has in good faith worked to timely implement the plan in <br /> reasonable reliance on the previously obtained approval; <br /> (5) The duration of the delay that will occur until public school facilities are <br /> improved or exist to such an extent that a CAPS can be issued for the project, and <br /> the effect of such delay on the development and the developer. <br /> The decision of the [governing body] 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 governing body] is delivered to every aggrieved parry <br /> who has filed a written request for such copy with the Clerk to the [governing body] at <br /> the time of its hearing on the application for a special exception. The written copy of the <br /> decision of the [governing body] may be delivered to the aggrieved party either by <br /> personal service or by certified mail,return receipt requested. <br /> The [chair or the mayor] of the [governing body] or any member temporarily <br /> acting as [chair or mayor] may, in his or her official capacity, administer oaths to <br /> witnesses in any hearing before the [governing body] concerning a special exception. <br /> 4 <br />