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13 <br />a <br />_ ^l~ard of Education_ <br />4, Expiration a#' Certificates of Adequacy of Public Schools 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 (anal 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 ~0 days of the date of the CAPS and receives the requested <br />' ' approval within two years of the dale 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 perntit shall expire <br />automatically upon the expiration of such plat, plan, or permit approval. <br />5. Applicability to . Previously ~-pproved Projects and Projects Pending <br />Approval. <br />(a} This ordinance and the Memorandum of Understanding between the [governing <br />body], Orange County and the Schovl District are general in nature and applicable to all <br />property subject to land use regulation by the [governins body]. Except as otherwise <br />provided herein, the provisions of this ordinance shall apply in applications for approval <br />of subdivision preliminary plats, site plans and conditional or special use permits that are <br />submitted for approval after ( _ ~). <br />the eff~,ckive date_Qf~~~_ordinai~c~ <br />(b) The provisions of fhis 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 dale 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 ps five dwelli ~ ~ nits whit ~'ver is 1~,, <br />(d) The [governing body] shall issue a special exception to the CAPS requirement to <br />an applicant whose application for approval of a subdivision preliminary plat, minor <br />subdivision final plat, site plan or conditional or special use permit covering property <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 attd the <br />application has been denied, (2) in. good faith made substantial expenditures or incurred <br />substantial binding obligations in reaspnable 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 developnrtent or plan is delayed <br />