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land Use and Zoning - legal Review Planning Commission Meeting May 13, 2003 Page I 0 2. Section 15.99 goes on to set forth detailed requirements for compliance with the 60 day rule, and the courts have required strict adherence to these requirements. 3. Application. The 60 day time period does not begin until an application is complete. However, a determination that an application is incomplete must be made within 10 days of its submission, or the 60 day time period will begin regardless of the application's completeness. The applicant must be notified within the 10 day period (preferably in writing, although the statute does not specify in writing) that the application is incomplete and what information is missing. 4. Extension. The 60 day period may be extended for an additional 60 days, but only if written notice of the extension is provided to the applicant during the initial 60 days stating the reasons for the extension and its anticipated length. Strict compliance with the requirements of this section of the statute is necessary. Additional extensions are not available except with the applicant's approval. It is recommended that such approval be in written form and not be accepted unless a specific date or time period for the extension is agreed to by the applicant. See Northern States Power Co. v. City of Mendota Heights, 646 N.W.2d 919 (Minn. App., 2002). 5. Other approvals. The 60-day time period is extended if state law requires a separate process to occur before the municipality may act on the application. For example, the 60 day period for a project that requires environmental review under the Minnesota Environmental Quality Board's environmental review program is extended until 60 days after the completion of the environmental review process. 6. The statute provides that failure to deny a request within 60 days is approval of the request. Failure of a motion to approve an application has been found by the courts not to be a denial. Therefore, if another motion is not made and adopted to deny the application, the application will be deemed approved by the statute. Manco of Fairmont. Inc. v. Town Bd. of Rock Dell Tp., 583 N.W.2d 293 (Minn. App., 1998); Demolition Landfill Services. LLC v. City of Duluth, 609 N.W.2d 278 (Minn. App., 2000). 7. The 60 day rule supercedes all other time limits in local zoning ordinances and in the Land Planning Acts. Therefore, local ordinances and procedures should be revised as necessary to insure that the 60 day rule is complied with. For example: . Periods for staff review, notice and hearing should be shortened so thatfiual review can occur within the 60 days mandated by statute. . If the City's normal review procedure will not allow for completion of the process within 60 days, form letters should be sent to every applicant extending the 60 day period for up to an