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14 <br /> 4. Expiration of Certificates of Adequacy of Public Schools Facilities. <br /> A CAPS issued in connection with approval of a subdivision preliminary plat, <br /> minor subdivision final plat, site plan, or conditional or special use permit shall expire <br /> automatically upon the expiration of such plat, plan, or permit approval. <br /> 5. Exemption From Certification Requirement for Development with Negligible <br /> Student Generation Rates <br /> In recognition of the fact that some new development will have a negligible <br /> impact on school capacity, a CAPS shall not be required under the following <br /> circumstances: <br /> a. For residential developments restricted by law and/or covenant for <br /> a period of at least thirty years to housing for the elderly and/or <br /> adult care living and/or adult special needs; <br /> b. For residential developments restricted for a period of at least <br /> thirty years to dormitory housing for university students. <br /> If the use of a development restricted as provided above changes, then before a <br /> permit authorizing such change of use becomes effective, a CAPS must be issued <br /> just as if the development were being constructed initially. <br /> 6. Applicability to Previously Approved Projects and Projects Pending <br /> Approval. <br /> (a) Except as otherwise provided herein, the provisions of this ordinance shall only <br /> apply to applications for approval of subdivision preliminary plats, minor subdivision <br /> final plats, site plans and conditional or special use permits that are submitted for <br /> approval after the effective date of this ordinance <br /> (b) The provisions of this ordinance shall not apply to amendments to subdivision <br /> preliminary plats, minor subdivision final plats, site plans, or special or conditional use <br /> permit approvals issued prior to the effective date of this ordinance so long as the <br /> approvals have not expired and the proposed amendments do not increase the number of <br /> dwelling units authorized within the development by more than five percent or five <br /> dwelling units,whichever is less. <br /> (c) The [Board of Commissioners] shall issue a special exception to the CAPS <br /> requirement to an applicant whose application for approval of a subdivision preliminary <br /> plat, minor subdivision final plat, site plan or conditional or special use permit covers <br /> property within a planned unit development or master plan project that was approved <br /> prior to the effective date of this ordinance, if the [Board of Commissioners] finds, after <br /> an evidentiary hearing, that the applicant has (1) applied to the School District for a <br /> CAPS and the application has been denied, (2) in good faith made substantial <br /> 4 <br />