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14 <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 preparatiozz for installation of such <br />facilities ,which were designed to serve or to lae 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 1~istrict for the <br />construction of school facilities or otherwise dedicated land or made <br />improvements deemed to benefit the School nistrict and its public school system; <br />(4) Whether the developer. has load .development approval for a substantial <br />amount of time and has in good .faith worked to timely implement the plan in <br />reasonable reliance an the previwusly obtained approval.; <br />(5) The duration of the delay that will occur until public school facilikies are <br />improved or exist to such an extent that a CAPS can be issued far the project, and <br />ahe effect of such delay an the development and the developer. <br />The decision of the [governing body] is subject to review by the Orange County <br />Superior Court by praccedinga in the nature of certiorari. Any petition far 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 [af the governing body] is delivered to every aggrieved party <br />who has filed a written request for such copy with the Clerk to tlic jgoveming body] at <br />the tizne 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 oakhs to <br />witnesses in any hearing before the [governing body] concerning a special exception. <br />6. Exemption Fram Certifcation I~tequirement for ~i~~s Development <br />with Negligible Student Generations bates <br />A CAPS shall not be required under the following cixcurnstances: <br />~31~1 Far residential development permanently restricted as dormitory housing <br />'v 't <br />~}~ For a residential development permanently restricted by ~~€e~e~al <br />~r~es law and/or covena~X to housing for the elderly and/or adult care <br />living and/~ri special needs facilities_ <br />