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DRAT <br />4. Expiration of Certificates of Adequacy of Public Schools Facilities. <br />(a) A CAPS that has been obtained pursuant to Subsection 2(d) before an application <br />far approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or <br />conditional or special use permit has been submitted shall expire unless the developer <br />submits and the [Town] [County] accepts as complete an application for approval of that <br />subdivision preliminary plat, minor subdivision f nal plat, site plan, or conditional or <br />special use permit within 90 days of the date of the CAPS and receives the requested <br />approval within two years of the date of the CAPS. <br />(b) 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. Applicability to Previously Approved Projects and Projects Pending <br />Approval. <br />(a) This ordinance and the Memorandum of Understanding between the [governing <br />body], Orange County and the School District aze general in nature and applicable to all <br />property subject to land use regulation by the [governing body]. Except as otherwise <br />provided herein, the provisions of this ordinance shall apply to applications for approval <br />of subdivision preliminary plats, site plans and conditional or special use permits that are <br />submitted far approval after [the effective date of this ordinance]. <br />(b) The provisions of this ordinance shall apply to subdivision preliminary plats, site <br />plans and conditional or special use permits that have expired. <br />(c) The provisions of this ordinance shall not apply to amendments to subdivision <br />preliminary plat, site plan, or special or conditional use permit approvals issued prior to <br />the effective date of this ordinance so long as the approvals have not expired and the <br />proposed amendments do not increase the number of dwelling units authorized within the <br />develapment by more than five percent. <br />(d) The [governing body] shall issue a special exception to the CAPS requirement to <br />an applicant wb.ase application for approval of a subdivision preliminary plat, minor <br />subdivision final plat, site plan or conditional or special use permit covering praperty <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] finds, 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. Tn deciding whether these findings can be made, <br />the [governing body] shall consider the following, among other relevant factors: <br />5 <br />(1) 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 which were designed to serve or to be paid for in part by the <br />