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Draft completed by Staff 6/04/03 ~ 1 <br />Revised 6/25/03 <br />IV-B-12.c3. Expiration of Certificates of Adequacy of Public School Facilities. <br />A CAPS issued in connection with approval of a major subdivision preliminary <br />plat or a minor subdivision final plat shall expire automatically upon the expiration of <br />such permit approval. <br />IV-B-12-c4. Exemption From Certification Requirement for Development with <br />Negli ible 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 />(1) For residential developments restricted by law and/or covenant for a <br />period of at least thirty years to housing for the elderly and/or adult care <br />living and/or adult special needs; <br />(2) For residential developments restricted for a period of at least thirty years <br />to dormitory housing for university students. <br />If the use of a development restricted as provided above changes, then before a permit <br />authorizing such change of use becomes effective, a CAPS must be issued just as if the <br />development were being constructed initially. <br />IV-B-12-c5. Applicability to Previously Approved Proiects and Proiects Pending <br />Approval. <br />(a) Except as otherwise provided herein, the provisions of this Section shall <br />only apply to applications for approval of major subdivision preliminary plats or minor <br />subdivision final plats that are submitted for approval after the effective date of this <br />Section. <br />(b) The provisions of this Section shall not apply to amendments to major <br />subdivision preliminary plats or minor subdivision final plats issued prior to the effective <br />date of this Section so long as the approvals have not expired and the proposed <br />amendments do not increase the number of dwelling units authorized within the <br />development by more than five percent or five dwelling units, whichever is less. <br />(c) The Board of County Commissioners shall issue a special exception to the <br />CAPS requirement to an applicant whose application for approval of a major subdivision <br />preliminary plat covers property within a planned unit development or master plan <br />project that was approved prior to the effective date of this Section, if the Board of <br />County Commissioners finds, after an evidentiary hearing, that the applicant has (1) <br />applied to the School District for a CAPS and the application has been denied, (2) in <br />good faith made substantial expenditures or incurred substantial binding obligations in <br />reasonable reliance on the previously obtained planned unit development or master plan <br />approval, and (3) would be unreasonably prejudiced if development in accordance with <br />the previously approved development or plan is delayed due to the provisions of this <br />Section. In deciding whether these findings can be made, the Board of County <br />Commissioners shall consider the following, among other relevant factors: <br />\\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc 4 <br />