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Approved by Schools and Land Use Councils 11/14/01; <br />Draft completed by staff 2/8/02 13 <br />11-27-02 revisions <br />12-9-02 revisions <br />12-10-02 revisions <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 and dedicated <br />public school system e <br />improvements deemed to benefit the School District <br />(4) Whether the developer has had development approval for a substantial <br />amount of time and has in good faith worked approval; timely implement the plan in <br />reasonable reliance on the previously obtained (5) The duration of the delay that will occur until public school facilities are <br />the for the project, and <br />improved or exist to such an extent that a CAPS can <br />the effect of such delay on the development <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 tten copy <br />Court shall be filed with the Clerk of Superior Court within 30 days aft a wriand every <br />of the decision of the Board of Commissioners is delivered to the applicant <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 s <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. <br />7. Appeal of School District Denial of a CAPS. <br />The applicant for a CAPS which is denied by the School District may, within 30 <br />days of the date of the denial, appeal the denial to the Board of Commissioners. Any such <br />appeal shall be heard by the Board of Commissioners at an evidentiary hearing before it. <br />At this hearing the School District will present its reasons for the denial of the CAPS and <br />the evidence it relied on in denying the CAPS. The applicant appealing the denial may <br />present its reasons why the CAPS application should have, in its view, been approved and <br />the evidentiary basis it contends supports approval. The <br />to? he School istrict formfurther <br />affirm the decision of the School District, (2) remand <br />proceedings in the event evidence is presented at the hearing before the Board of <br />Commissioners not brought before the School Districor (3) issue a CAPS. The t, CAPS should have been oissued <br />Commissioners will only issue a CAPS if it finds <br />by the School District as prescribed in the Memorandum of Understanding among the <br />School District, Orange County and the Board of Commissioners. A decision of the <br />Board of Commissioners affirming the School District may be appealed by the applicant