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- �1(`=_:111- =O�W�=a..r•- -,-� s—�.�� --r� the new law, Minnesota cities now have the city s the a licaithin 10 More thoughts y pp 60 days to make three kinds of deci- business days after receiving the�j�� on the new 60- sions:zoning,septic system and MUSA application,and only if the rejec�i0 is line decisions. (The MUSA line is the based on the applicant's failure-ttf day limit metropolitan urban service area comply with pre-existing city require- boundary in the seven-county metro- ments.An applicant may waive politan area. Property within this area time limits. KAREN COLE is served by metropolitan sewage To comply with the new stat te, ities treatment facilities.)Cities may extend must not only take action within the the 60-day period for an additional 60 time limit,they must also noto the A quick review of the days if they give written notice of the applicant within the time limit.If a city basics extension and the reason for it before denies an application, it must give By now,most cities are aware that a the initial 60-day period expires. If the written reasons for its decision"at the new state statute adopted last year- proposer's application is incomplete, time it denies the request."It is likely Minn.Stat. § 15.99-sets a time limit the city may reject the application and sufficient if the city provides formal for certain land use decisions. Under restart the 60-day time clock but only if written notice after the meeting at Fwe questions c�t�es should consider. s fy Cities should ask themselves a the Lea ue research staff or from the' information needs.A written a- lica g Y ._� F .,_ ,a �r -PP - number of key-questions to make author:: = tion form or checklist that represents ;! Y sure they can comply with Minn Stat'. 2. How broadly will:the'city city policy is sufficient. o. § 15.99: Anterpret ahe`scope of the law? '.The city may wish to be expansive 1. Should the city modify its , -;The scope of.Minn.Stet.§`15.99 is in defining its information require -procedures? not completely clear:While.it is clear --ments..lt is always possible for the Cities should evaluate their -L.that the law applies to:certain -. city to waive a requirement not procedures so they will compty'with -•---applications such as rezonings, needed for a particular project.The the new time limits. It maybe helpful :.variances;and conditional use city may not, however, restart the to map out a typical timeline'for-the.:: permits,there is room for some time clock by imposing new require- processing of an application so that '.. disagreement when it comes to some ments that may be appropriate for a processing of the application fits=: other approvals like preliminary plat particular application but which were within the new deadlines. Modifica and comprehensive plan approvals.A not"previously adopted." tions may be necessary For example,.._.city that'wants to be conservative -In defining information require �. a city that presently'requires two or ;-should interpret the'law expansively- . ments,the city should review applica three hearings for rezonings may .. . ..,to apply to all of these approvals tions that have been received over, want to,consider eliminating one of untiLthe Legislature or the courts _'perhaps,the last five years.Were � . the hearings. .:~ r �::" address these:ainbiguities. `� there instances where additional Requiring'a preapplication meet 3.'What�nforrnation will be `information was needed or requested ing with staff as a`requirement for a required for each kind of affected . by the city?The city may also wish to- •complete application is another application?_ take into account the impact of ' procedural change cities may want to :..Cities may restart the time'clock project location, scale and design on _.consider.Such a meeting gives cities 10 business days of a,written : information needs. For example, it the opportunity to that T ` request if an application:does not `may be appropriate to require more applications:are complete, and.to ::contain "ail information required by or different information for applica waive'appIication requirements that. ..law or by a previously adopted rule, tions in particular parts of the city may not be necessary for a particular ordinance or,policy." (Emphasis that involve wetlands, lakeshore or _proposal added.)The`city may always request more densely developed areas., be'::- 'In addition,cities should also p.ut additional information-from the Similarly,.more in may be procedures in for monitoring applicant once the 10-day period has needed for larger projects :r the deadlines,so that deadlines are - passed if;for example,:new issues :.The'citymay wish to require a'pre µ not missed inadvertently:A log arise. Once the 10-day period passes; : application meeting with the city's =3 should be prepared that flags the key :however,the city may not restart the_ . _ staff as a prerequisite for a complete _ deadlines for:each application,= ' ' _ statutory time clock:Cities should, application.This will enable the city '....., including the 10-day deadline:for=':' therefore,carefully specify in writing to work with the applicant to ensure_,•,:- specifying additional information and: all information required for each that all needed information is n.. the deadline. or approval or. .',;.:;'kind of application.The city need not- submitted.This pre-application`:.:::_.:,: denial.A sample Jog is available from enact an"ordinance specifying its meeting also gives the city the