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as <br />Draft completed by Staff 6-04-03 <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 />