Agenda - 12-10-2002-9a - Laserfiche WebLink

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~~ Approved by Schools and Land Use Councils 11/14;01; Draft completed by staff 2/8/02 11-27-02 revisions (e) The chair of the Board of Commissioners or any member temporarily acting as chair may, in his or her official capacity, administer oaths to witnesses in any hearing before the Board of Commissioners concerning a special exception. 7. Appeal of School District Denial of a CAPS. The applicant for a CAPS which is denied by the School District may, within 30 days of the date of the denial, appeal the denial to the Board of Commissioners. Any such appeal shall be heard by the Board of Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The Board of Commissioners may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the Board of Commissioners not brought before the School District, or (3) issue a CAPS. The Board of Commissioners will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the Memorandum of Understanding among the School District, Orange County and the Board of Commissioners. A decision of the Board of Commissioners affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Section 6(d) of this ordinance. . 8. Information Required From Applicants. The applicant for a CAPS shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a CAPS should be issued under the provision of the MOU among Chapel Hill, Carrboro, Orange County and the Chapel Hill-Carrboro Board of Education or the MOU among Orange County, Hillsborough and the Orange County Board of Education. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by-the School District shall submit to the Board of Commissioners all information reasonably deemed necessary by the Board of Commissioners to determine whether a special exception should be granted as provided in Section 6(d) of this ordinance or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service maybe made by personal delivery or certified mail, return receipt requested. Section 2. This ordinance shall become effective ;;. The foregoing ordinance; hiving been submitted to a vote, received the following vote and was duly adopted this day of , 200_.