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i <br /> 15 <br /> expenditures or incurred substantial binding obligations in reasonable reliance on the <br /> previously obtained planned unit development or master plan approval, and(3) would be <br /> unreasonably prejudiced if development in accordance with the previously approved <br /> development or plan is delayed due to the provisions of this ordinance. In deciding <br /> whether these findings can be made, the [Board of Commissioners] shall consider the <br /> 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 /> (d) The decision of the [Board of Commissioners] involving a special exception <br /> application under subsection (c) is subject to review by the Orange County Superior <br /> Court by proceedings in the nature of certiorari. Any petition for review by the Superior <br /> Court shall be filed with the Clerk of Superior Court within 30 days after a written copy <br /> of the decision of the [Board of Commissioners] is delivered to the applicant and every <br /> other party who has filed a written request for such copy with the Clerk to the Board of <br /> Commissioners at the time of its hearing on the application for a special exception. The <br /> written copy of the decision of the [Board of Commissioners] may be delivered either by <br /> personal service or by certified mail,return receipt requested. <br /> (e) The chair of the [Board of Commissioners] or any member temporarily acting as <br /> chair may, in his or her official capacity, administer oaths to witnesses in any hearing <br /> before the [Board of Commissioners] concerning a special exception or an appeal of <br /> School District denial of a CAPS. <br /> s <br />