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A. A QUICK REVIEW OF THE BASICS Most cities are aware that a state statute --Minn. Stat. §15.99 — sets a time limit for certain land use decisions. Under the state law, Minnesota cities have 60 days to make three kinds of decisions: zoning, septic system and MUSA line decisions.) Cities may extend the 60- day period for an additional 60 days if they.give written notice of the extension and the reason for it before the initial 60-day period expires. If the proposer's application is incomplete, the city may reject the application and restart the 60-day time clock but only if the city notifies the applicant within 10 business days after receiving the application and only if the rejection is based on the applicant's failure to comply,with pre-existing city requirements. An applicant may waive the statute's time limits. To comply with § 15.99, cities must not only take action within the time limit -- they must also notify the applicant within the time limit. If a city denies an application, it must give written reasons for its decision"at the time it denies the request." The penalty for failing to meet the new time limits is a harsh one: automatic approval of the application. It is important for all cities to understand how the statute works to avoid inadvertent approval of land use applications. B. SOME FORMS TO HELP CITIES COMPLY I have identified a number of materials to help cities comply with the requirements of the 60-day rule. Model forms and samples used by other cities are attached.2 1. Define Your Information Needs in Writing. Cities may restart the statutory time clock if a zoning or septic system application does not contain all information "required by law or by a previously adopted rule, ordinance, or policy" of the City. Cities should define their information needs for different kinds of applications and memorialize those requirements in writing. For example, cities should define in writing the information needed for a complete rezoning application, conditional use application, variance application, and for other zoning approvals. The information requirements need not be codified in a city ordinance. Written application forms or checklists adopted by the City will suffice. (A sample checklist used by one City is attached as Attachment A.) The City should be expansive in defining its information requirements. It is always possible for the City to waive a requirement not needed for a particular project. The City may not, however, restart the time clock by imposing new requirements that may be appropriate for a particular application but which were not"previously adopted." In defining information requirements, the City should review applications that have been received over, perhaps, the last five years. Were there instances where additional information was needed or requested by the City? The City may also wish to take into account the impact of project location, scale, and design on information needs. For example, it may be appropriate to require more or different Karen R Cole Kennedy&Graven