HomeMy WebLinkAboutR06-015 amending LUR's for emergency service impact fees for additional fire protection and emergnecy medical services capital improvements
~ moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006- () /.e::;-
Eagle County File No. LUR-0052 / Emergency Service Provider's Impact Fees
IN THE MATTER OF MfENDING THE EAGLE COUNTY LAND USE
REGULATIONS, TO ESTABLISH PROCEDURES FOR IMPOSITION OF
EMERGENCY SERVICE IMPACT FEES FOR LAND DEVELOPMENT
ACTIVITIES THAT GENERATE AN INCREASED NEED FOR
ADDITIONAL FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES CAPITAL IMPROVEMENTS
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado
(hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not
limited to, C.RS. 30-28-101, et seq., to plan for and regulate the use and development ofland in
the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of
promoting the health, safety, convenience, order, prosperity, and welfare of the present and
future inhabitants of the County of Eagle; and
WHEREAS, Eagle County is experiencing high rates of population growth, increased
population density and increased demand for emergency services and emergency service capital
improvements as a result of land development within Eagle County; and
WHEREAS, the construction of new developments within the County is placing
significant additional demands on emergency services and emergency service capital
improvements; and
WHEREAS, the volume and pace of land development in the County threatens the
provision of adequate fire protection and emergency medical services by many fire protection
and emergency service providers; and
WHEREAS, the demand for fire protection and emergency medical services is
immediate upon development of residential and commercial growth even though the County's
funding from tax revenues accrues well after the demand for services exists; and
WHEREAS, the Board finds and determines that one of the primary roles of
development review is to ensure essential public services and facilities, and that in order to
promote and protect the convenience, order, prosperity and welfare of present and future
inhabitants of Eagle County, a rational system for identifying growth-related costs incurred by
fire protection and emergency medial service providers in providing new and expanded services
made necessary by expanded population and economic activity levels is necessary, and a fee
\\ecg\dfs\homedir\bnarracci\Emergency Providers Impact Fee
LUR Amd\Emergency Service Impact Fees Combined Resolution
and Exhibit 'A'. DOC
structure therefore directly related to such costs and method for collection of such fees, should be
adopted; and
WHEREAS, the adoption of a requirement that developers of residential, non-residential
and lodging developments pay emergency service impact fees as established herein will ensure
that development bears a proportionate share of the cost of providing new and enhanced
emergency services necessary to accommodate such new development; and
WHEREAS, Sections 23-30-305 and 30-11-107, C.RS., give boards of county
commissioners the discretion to cooperate with governing bodies of organized fire districts and
fire departments in the management and suppression of fires, in the organization and training of
rural fire fighting groups, the payment for operation and maintenance of fire fighting equipment,
and in sharing the cost of managing fires; and
WHEREAS, Sections 30-10-512 and 30-10-513, C.RS., require the county sheriff to
assume the role of fire warden in case of prairie or forest fires and assume charge of the fire or
assist other governmental authorities in such emergencies for controlling or extinguishing such
fires, and allow the county commissioners to appropriate funds for the purpose of controlling
fires in its county; and
WHEREAS, Section 30-20-512, C.RS., gives counties the authority to create local
improvement districts with the authority to provide fire protection and emergency medical
services; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974 ("Act"),
Sections 29-20-101 et seq., C.RS., Article 28 of Title 30, C.RS., and other applicable law, grant
broad authority to the County to plan for and regulate the development of land on the basis of the
impacts thereof on the community and surrounding areas; and in amending the Act in 2001, the
Colorado General Assembly specifically allows local governments to impose impact fees to
offset the cost of capital improvements necessary to serve new developments; and
WHEREAS, Sections 29-1-801 et seq., C.RS., concerning land development charges,
recognize that counties may collect charges imposed on land development as a condition of the
approval of development, if such charges relate to an expenditure for an improvement, facility,
or piece of equipment necessitated by land development that is directly related to a local
govemmental service; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes
and encourages local governments to cooperate or contract with other units of government for
the purpose of regulating the development of land and the impacts thereof; and
WHEREAS, Eagle County is authorized by statutory authority and by Colorado common
law to regulate the development and use of land, and impose mitigation measures, including
impact fees, upon proponents of land development activities if impacts related to the service
demands created by the development are not adequately mitigated; and
2
WHEREAS, Eagle County's authority to impose impact fees is conditioned upon criteria
that establish the extent of the impact on public services and the f~es necessary to mitigate the
impact; and
WHEREAS, the Board finds and determines that the amendments to the Eagle County
Land Use Regulations as contained herein, are necessary and designed for the purpose of
promoting the health, safety, convenience, order, prosperity and welfare of the present and future
inhabitants of Eagle County and are consistent with the County's goals, policies and plans,
including the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado APPROVED File No. LUR-0052 with the following
conditions:
1. The Emergency Service Provider's Impact fee program contained in Exhibit A attached
hereto and incorporated herein, are hereby adopted and shall be incorporated into the
Eagle County Land Use Regulations.
2. In accordance with Section 24-68-102.5, C.RS., the Board finds, determines and declares
that this Resolution amending the Eagle County Land Use Regulations is necessary for
the immediate preservation of public health and safety. Therefore, pursuant to Section
24-68-102.5 (2), C.RS., this Resolution shall apply to all land use applications currently
pending at the time this Resolution becomes effective.
3. If any portion of this Resolution or the amendments provided in Exhibit A of this
Resolution are found to be void or ineffective, they shall be deemed severed from this
Resolution and the remaining provisions shall remain valid and in full force and effect.
4. Except as otherwise modified by the Permit, all material representations of the Applicant
in this permit application, correspondence, and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
5. That Eagle County will commence collecting the Emergency Service Provider's Impact
Fees at such time that each District has provided to the County an updated Nexus Study
and a revised fee schedule is adopted via subsequent Board Resolution.
6. That Eagle County will commence collecting the Emergency Service Provider's Impact
Fees at such time that each participating emergency service provider has entered into a
separate Intergovernmental Agreement with Eagle County regarding the implementation,
collection, bookkeeping and distribution of fees collected. Eagle County will receive six
(6) percent ofthe total fees collected to cover costs associated with implementing the
impact fee program.
3
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 21st day of February, 2006,
nunc pro tunc to the 13th day of December, 2005
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its BOARD OF
COUNTY COMMISSIONERS
ATTEST:
By:
Clerk to the Board of
County Commissioners
By: TO~&ssioner
By:
Commissioner f~ seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Peter F. Runy~~
Commissioner Tom C. Stone
Commissioner Am M. Menconi
This Resolution passed by ~/6 vote of the Board of County Commissioners of the County
I
of Eagle, State of Colorado.
4
EXHIBIT A
EAGLE COUNTY LAND USE REGULATIONS
DIVISION 4-7. IMP ACT FEES AND LAND DEDICATION STANDARDS
SECTION 4-720 EMERGENCY SERVICE IMP ACT FEES
A. Purpose.
The purpose ofthis Section is to:
1) Provide a rational system for identifying and mitigating growth-related costs
associated with growth and development and the expansion of emergency
services and facilities made necessary by land development activities, a
growing population and economic activity levels.
2) Implement the methodology and analysis for the determination ofthe impact
of new development on the need for, and cost of, additional Emergency
Service Capital Improvements.
3) Ensure that the Emergency Service Impact Fees established by this Section
are based on, and do not exceed, the cost of providing additional Emergency
Service Capital Improvements necessitated by new development.
4) Regulate the development ofland to ensure that new development bears a
proportionate share of the cost of Emergency Service Capital Improvements
necessary to provide adequate emergency services within Eagle County.
5) Assure that the system of Emergency Service Impact Fees implemented in this
Section is linked to an Emergency Service Capital Improvements program
designed to provide the facilities and equipment for which the Emergency
Service Impact Fees are imposed.
B. Definitions.
The following terms as used in this Section shall have the meanings set forth unless it is
apparent from the context that they have a different meaning.
1) Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use
Regulations.
2) Development: Development as defined in Chapter 2 ofthese Eagle County Land
Use Regulations.
3) Emergency Service Capital Improvement:
a) Includes:
5
(1) Fire Protection or emergency medical, rescue and ambulance
service planning, preliminary architectural and engineering
services, architectural and engineering design studies, land
surveys, land acquisition, site improvements and off-site
improvements associated with new or expanded facilities used for
Fire Protection or emergency medical, rescue and ambulance
servIce;
(2) Construction of buildings and facilities used for Fire Protection or
emergency medical, rescue and ambulance services; and
(3) Purchase of fire suppression or emergency medical, rescue and
ambulance apparatus and equipment, including communications
equipment, with an average useful life of at least five years,
necessary to adequately protect and serve new development and its
inhabitants.
b) Excludes periodic or routine maintenance of facilities and equipment,
personnel costs or operational expenses.
4) Emergency Service-Generating Development: Any development designed or
intended to permit a use of the land that will contain or convert to more dwelling
units or floor space than the most intensive use ofthe land within the twelve (12)
months prior to the commencement of Emergency Service-Generating
Development in a manner that increases the need for Emergency Service Capital
Improvements as identified in the Fiscal Impact Fee Study.
5) Emergency Service-Generating Development, Commencement of: The
issuance of a building permit or other applicable approval process on a lot or other
parcel of land for which an Emergency Service Impact Fee has not previously
been paid.
6) Emergency Service Impact Fee: A fee for Fire Protection or emergency medical,
rescue and ambulance service established pursuant to this Section.
7) Emergency Service Provider: A governmental entity providing public Fire
Protection, emergency medical, rescue or ambulance services or any combination
of such services.
8) Fire Protection: The prevention and extinguishment of fire, protection of life and
property from fire, enforcement of municipal, county, district, and state fire
prevention codes, and provision of services authorized by statute or typically
provided by a public fire department.
9) Fiscal Impact Fee Study: A study that mathematically calculates the fiscal
impact of future demand for emergency services of the applicable Emergency
Service Provider.
6
10) Impact Fee Administrator: The Impact Fee Administrator appointed as
provided in Section 4-710 of these Eagle County Land Use Regulations, to
administer the Emergency Service Impact Fee program established by this Section
4-720.
C. Imposition of Emergency Service Impact Fees.
Any Developer who has not already dedicated land to defer anticipated impacts of a
proposed Emergency Service-Generating Development shall upon Commencement of an
Emergency Service-Generating Development pay an Emergency Service Impact Fee in
the manner and amount set forth in this Section.
1) Time of Fee Obligation and Payment.
a) After the effective date of this Regulation, upon the Commencement of the
Emergency Service-Generating Development within unincorporated areas
ofthe county, an Emergency Service Impact Fee, pursuant to the terms of
this regulation, shall be imposed on each Lot (or other portion) of the
Development. The amount of the Emergency Service Impact Fee shall be
determined and paid to the Impact Fee Administrator at the time of
issuance of a building permit for the Development, or other associated
actions of Eagle County having the effect of permitting the development
of land. The obligation to pay the Emergency Service Impact Fee shall
run with the land, and, therefore, the unpaid obligation to pay fees passes
with title for purposes ofthese regulations. No building permit will be
issued, or other land use activity requiring Eagle County approval will
commence until all fees due hereunder with respect to the Lot, or parcel of
land which is the subject ofthe building permit application, or other
applicable approval process have been paid in full. If any credits are due
pursuant to Section 4-720.H, they shall also be determined at that time.
The fee shall be computed separately for the amount of construction
activity covered by the permit, ifthe building permit is for less than the
entire Development. If the fee is imposed for an Emergency Service-
Generating Development that increases emergency service impact because
of a change in use, the fee shall be determined by computing the
difference in the fee schedule between the new Emergency Service-
Generating Development and the existing Emergency Service-Generating
Development.
2) Exemptions. The following shall be exempt from the terms of this Regulation.
An exemption must be claimed by the fee payer at the time of application for a
building permit.
a) Alterations, expansion, or replacement of an existing building where no
additional dwelling units are created, the use is not changed, and no
additional need for Emergency Service Capital Improvements will be
produced.
7
b) The construction of accessory buildings or structures that will not produce
additional need for Emergency Service Capital Improvements over and
above that produced by the principal building or use of the land.
c) The replacement of a destroyed or partially destroyed building or structure
with a new building or structure of the same size and use, provided that no
additional need for Emergency Service Capital Improvements will be
produced over and above that produced by the original use of the land.
d) The following types of re-plat will not necessitate payment of Emergency
Service Impact Fees.
. Minor Type 'B' Subdivisions for the purpose of subdividing
condominium space in duplex, triplex, multifamily or non-
residential structures;
. Minor Type 'B' Subdivisions for the purpose of subdividing
residential duplex, triplex, townhomes, and non-residential
structures where no net gain in residential units or, non-residential
square footage will be realized;
. Amended Final Plats for the purpose of adjusting internal lot lines
where no net gain in residential units, or non-residential square
footage will be realized;
. Correction Plats.
e) Private recreational facilities within a residential subdivision that are
restricted for the use of residents and will not generate additional need for
Emergency Service Capital Improvements.
3) Waiver by the Board of County Commissioners. The Board of County
Commissioners may waive the applicable Emergency Service Impact Fee on the
development of low or moderate-income housing or affordable employee housing
as defined by Eagle County government in Section 4-710 of these Land Use
Regulations, pursuant to C.RS. 29-20-104.5(5).
D. Emergency Service Impact Fee Amount.
Upon application by an Emergency Service Provider, supported by a Fiscal Impact Fee
Study, the amount of any Emergency Service Impact Fee to be charged shall be set and
revised from time to time by resolution of the Board of County Commissioners adopted
pursuant to Subsection 1., except that the annual adjustment for inflation provided in
Subsection J.l. shall be automatic and shall not require adoption of an implementing
resolution.
E. Alternative Calculation Study.
In lieu of charging the Emergency Service Impact Fee amount adopted pursuant to
Subsection D above, a Developer may prepare and submit to the Impact Fee
8
Administrator a site-specific Fiscal Impact Fee Study for the Emergency Service-
Generating Development. The site-specific Fiscal Impact Fee Study shall be referred to
the Emergency Service Provider serving the Development for comment and
recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed
methodologies and formats established by the applicable Emergency Service Provider
and shall show the basis upon which the proposed Emergency Service Impact Fee was
calculated, and shall be based on the same level of service and service standards provided
for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount
established under Subsection D.
The site-specific Fiscal Impact Fee Study shall be prepared and presented by
professionals qualified in their respective fields. The Impact Fee Administrator shall
consider the documentation submitted by the Developer and recommendation of the
Emergency Service Provider but is not required to accept such documentation or
recommendation. If the Impact Fee Administrator determines that an acceptable site-
specific Fiscal Impact Fee Study has not been presented, the Developer shall pay the
Emergency Service Impact Fee based upon the amount set pursuant to Subsection D
above.
Determinations made by the Impact Fee Administrator pursuant to this Section may be
appealed to the Emergency Services Impact Fee Board, consisting of the Board of County
Commissioners, by filing a written request with the Clerk to the Board of County
Commissioners within ten (10) days ofthe Impact Fee Administrator's determination.
Following the submittal of such request, the Emergency Service Impact Fee Board shall
hold a public hearing to determine the amount ofthe Emergency Service Impact Fee that
shall be paid prior to issuing the requested building permit.
The decision of the Emergency Service Impact Fee Board is subject to judicial appeal.
Pending a judicial appeal of the decision ofthe Emergency Service Impact Fee Board, the
Developer may pay the Emergency Service Impact Fee determined by the Emergency
Service Impact Fee Board and proceed with the Development.
F. Time for Payment of Emergency Service Impact Fee.
A Developer requesting approval of an Emergency Service-Generating Development
shall pay the Emergency Service Impact Fee at the time of issuance of a building permit
for the Development, or other associated actions of Eagle County having the effect of
permitting the development of land. The obligation to pay the Emergency Service Impact
Fee shall run with the land, and, therefore, the unpaid obligation to pay such fees passes
with title to the property. No building permit will be issued until all Emergency Service
Impact Fees due hereunder with respect to the lot that is the subject of the building permit
application have been paid in full.
9
G. Use of Emergency Service Impact Fees.
1) All Emergency Service Impact Fees collected pursuant to this Section shall,
within sixty (60) days following payment to the County, be transferred to the
applicable Emergency Service Provider.
2) All Emergency Service Impact Fees collected pursuant to this Section shall be
deposited by the applicable Emergency Service Provider, in an interest-bearing
account that clearly identifies the category, account, or fund of capital expenditure
for which such Emergency Service Impact Fee was imposed and the Development
for which the Emergency Service Impact Fee was imposed. Any interest or
other income earned on moneys deposited in said interest-bearing account shall be
credited to the account.
3) Emergency Service Impact Fees shall be used exclusively for Emergency Service
Capital Improvements.
4) No Emergency Service Impact Fees shall be used for periodic or routine
maintenance, personnel costs, or operational expenses.
5) In the event bonds or similar debt instruments are used to fund Emergency
Service Capital Improvements prior to collecting the necessary Emergency
Service Impact Fees, once collected, Emergency Service Impact Fees may be
used to pay debt service on such bonds or similar debt instruments.
6) In the County's discretion, the County may require the applicable Emergency
Service Providers enter into intergovernmental agreements with the County
regarding the method of collection and administration of the Emergency Service
Impact Fee program, allocating or delegating such functions as the parties deem
appropriate. In the event the County collects and administers the Emergency
Service Impact Fee program, the County shall retain a reasonable administrative
fee not to exceed two percent (2%).
H.' Credit for Improvements.
1) General Standards.
a) Any person causing the Commencement of an Emergency Service-
Generating Development may apply for credit against Emergency Service
Impact Fees otherwise due, up to but not exceeding the full obligation for
Emergency Service Impact Fees proposed to be paid pursuant to the
provisions of this Regulation, for any contributions, construction, or
dedication of land accepted or received by Eagle County or the applicable
Emergency Service Provider, for purposes of providing Emergency
Service Capital Improvements necessitated by the Development.
b) Credit shall be in an amount equal to fair market value of the land
dedicated for emergency Service Capital Improvements at the time of
10
dedication, the fair market value of the construction at the time of its
completion, or the value ofthe contribution or payment at the time it is
made for construction of an Emergency Service Capital Improvement.
c) The credit shall not exceed the amount of the Emergency Service Impact
Fees due and payable for the Emergency Service-Generating
Development.
2) Emergency Service Impact Fee Credits.
a) The determination of any credit shall be undertaken through the
submission of an application for credit agreement, which shall be
submitted to the Emergency Service Impact Fee Committee, which shall
consist of the Impact Fee Administrator and one (1) representative
appointed by the applicable Emergency Service Provider.
b) The application for a credit agreement shall include the following
information:
1. If the proposed application involves a credit for any cash
contribution, the applicant shall provide a certified copy ofthe
Development approval in which the contribution was agreed; proof
of payment, if payment has been made; or the proposed method of
payment, if payment has not been made.
2. If the proposed application involves credit for the dedication of
land, the applicant shall provide a drawing and legal description of
the land; the appraised fair market value of the land at the date a
building permit is proposed to be issued for the Emergency
Service-Generating Development, prepared by a professional Real
Estate Appraiser who is a member of the Member Appraisal
Institute (MAI) or who is a member of Senior Residential
Appraisers (SRA), and if applicable, a certified copy of the
Development permit in which the land was agreed to be dedicated.
3. If the proposed application involves credit for construction, the
applicant shall provide the proposed plan ofthe specific
construction prepared and certified by a duly qualified and licensed
Colorado engineer or contractor; the projected costs for the
suggested improvement, which shall be based on local information
for similar improvements, along with the construction timetable for
the completion thereof. Such estimated costs shall include the cost
of construction or reconstruction, the cost of all labor and
materials, the cost of all lands, property, rights, easements and
franchises acquired, financing charges, construction costs of plans
and specifications, surveys, costs of professional services, and all
11
other expenses necessary or incident to determining the feasibility
or practicability of such construction or reconstruction.
3) Procedure for Review of Credit Applications.
a) Within ten (10) days of receipt of the proposed application for credit
agreement, the Emergency Service Impact Fee Committee shall determine
if the application is complete. If it is determined that the proposed
agreement is not complete, the Emergency Service Impact Fee Committee
shall send a written statement to the applicant outlining the deficiencies.
The Emergency Service Impact Fee Committee shall take no further action
on the proposed application for credit agreement until all deficiencies have
been corrected or otherwise settled.
b) Once the Emergency Service Impact Fee Committee determines the
proposed application for credit agreement is complete, it shall be reviewed
within thirty (30) days. The application for credit agreement shall be
approved if it complies with the standards in this subsection 4-720.H.
c) Ifthe application for credit agreement is approved by the Emergency
Service Impact Fee Committee, a credit agreement shall be prepared and
signed by the applicant and Eagle County or the applicable Emergency
Service Provider where the land for which the credit is sought is located.
1) Agreements for pre-impact fee credits shall state the dollar credit
that is applicable to the Development and the manner in which the
credit will be applied to new building permits within the
Development.
2) Agreements for post-impact fee credits shall specifically outline
the contribution, payment, construction or land dedication, the time
by which it shall be completed, dedicated, or paid, and any
extensions thereof, and the dollar credit that will be available and
the manner in which the credit will be applied to new building
permits within the Development.
4) Appeal of Credit Decision. A fee payer affected by the decision of the
Emergency Service Impact Fee Committee regarding credits may appeal such
decision to the Emergency Service Impact Fee Board consisting of the Board of
County Commissioners. The appeal shall be initiated by filing with the
Emergency Service Impact Fee Committee, within ten (10) days of the date ofthe
written decision, a written notice stating and specifying briefly the grounds of the
appeal. The Emergency Service Impact Fee Committee shall place such appeal
on the Emergency Service Impact Fee Board's agenda for the next regularly
scheduled meeting of the Board of County Commissioners. The Emergency
Service Impact Fee Board, after a hearing, shall affirm or reverse the decision of
the Emergency Service Impact Fee Committee based on the standards of this
12
Section 4-720.H. Ifthe Emergency Service Impact Fee Board reverses the
decision, it shall direct the Emergency Service Impact Fee Committee to readjust
the credit in accordance with its findings. The decision of the Emergency Service
Impact Fee Board shall be final.
I. Unpaid Emergency Service Impact Fees.
The Board of County Commissioners reserves the right to withhold or revoke any
permits, certificates, or other approvals for any land or building for which the payment of
Emergency Service Impact Fees is delinquent.
J. Adjustment and Review of Emergency Service Impact Fees.
The amount of the Emergency Service Impact Fee shall be reviewed and adjusted as
follows:
1) The Emergency Service Impact Fee shall be adjusted annually for inflation,
effective January 15 of each year. The adjustment shall be based upon the
percentage change in the United States Bureau of Labor Statistics Consumer Price
Index for Denver-Boulder, all items, all urban consumers, or its successor index,
or an equivalent index applicable to Eagle County. The applicable Emergency
Service Provider shall annually notify in writing the Impact Fee Administrator of
the amount of the annual adjustment for inflation.
2) The Board of County Commissioners may, annually, in conjunction with the
presentation ofthe County's proposed budget, consider any further adjustments to
the Emergency Service Impact Fee, following consultation with the applicable
Emergency Service Provider.
3) No less frequently than every five (5) years, the applicable Emergency Service
Provider shall provide to the Board of County Commissioners an updated
Emergency Service Fiscal Impact Fee Study, and proposal to update the
Emergency Service Impact Fee amount.
K. Application.
The requirements of this Section shall apply only within the jurisdiction and boundaries
of an Emergency Service Provider for which a resolution setting an Emergency Service
Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-
68-102.5, C.R.S., the provisions of this Section shall apply to all land use applications
currently pending at the time this Section becomes effective.
13