Within an attendance area, where the Board has concurred in a school district’s notice of finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within the area, unless the decision-making body makes one of the following findings:
(A) That, pursuant to this article, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or
(B) That there are specific, overriding physical, economic, social or environmental factors which, in the judgment of the decision-making body, would benefit the county, thereby justifying the approval of a residential development otherwise subject to the provisions of this article without requiring the payment of fees or the dedication of land or other alternate provision required by Subarticle IV of this article.
(1966 Code, § 15A-14) (Ord. 407, § 304, 1978)