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~.~G1 <br />within a planned unit development or master plan project that was approved prior to the <br />effective date of this ordinance, if the [governing body] fords, after an evidentiary <br />hearing, that the applicant has (1) applied to the .School District for a CAPS and the <br />application has been denied, (2) in good faith made substantial expenditures or incurred <br />substantial binding obligations in reasonable reliance on the previously obtained planned <br />unit development or master plan approval, and (3) would be unreasonably prejudiced if <br />development in accordance with the previously approved development or plan is delayed <br />due to the provisions of this ordinance. In deciding whether these findings can be made, <br />the [governing body] shall consider the 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 prepazation 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 prepazation 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 />The decision of the [governing body] is subject to review by the Orange County <br />Superior Court by proceedings in the nature of certiorari. Any petition for review by the <br />Superior Court shall be filed with the Clerk of Superior Court within 30 days after a <br />written copy of the decision [of the governing body] is delivered to every aggrieved party <br />who has filed a written request for such copy with the Clerk to the [governing body] at <br />the time of its hearing on the application for a special exception. The written copy of the <br />decision of the [governing body] may be delivered to the aggrieved party either by <br />personal service or by certified mail, return receipt requested. <br />The [chair or the mayor] of the [governing body] or any member temporarily <br />acting as [chair or mayor] may, in his or her official capacity, administer oaths to <br />witnesses in any hearing before the [governing body] 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 [governing body] of [local <br />