RESOLUTION NO. 1996-11
A RESOLUTION EXTENDING THE TIMELINES PROVIDED UNDER MINNESOTA STATUTES
SECTION 15.99.
WHEREAS, the Town of Grant is a statutory Township located in Washington County, Minnesota; and,
WHEREAS, the Minnesota Legislature has passed a new Statute requiring "agencies," including towns, to ". . . approve or deny within sixty (60) days a written request relating to zoning, septic systems, or expansion of the Metropolitan Urban Service Area for a permit, license, or other governmental approval." See Minnesota Statutes §15.99; and,
WHEREAS, Subdivision 3(f) of that same Statute provides that an agency may extend the sixty (60) day time period by providing written notice of the extension to an applicant. Said notification must also state the reasons for the extension and how long the extension will last (to a maximum of an additional sixty (60) days); and,
WHEREAS, the Grant Town Board meets only one (1) time per month. Additionally, the Planning Commission meets only one (1) time per month; and,
WHEREAS, the majority of applications that come before the Planning Commission or the Town Board are normally not ready for approval or denial at the time of their first discussion. Generally, supplemental information needs to be submitted1 public hearings need to be held, or a proposal needs to be revised either at the request of the Town or the request of the applicant. Accordingly, given the limited number of meetings per month, the sixty (60) day time deadline is unrealistic, and normally cannot be met; and,
WHEREAS, Grant Township does not employ a full-time staff to receive, investigate, or process written requests as envisioned in Minnesota Statutes §15.99; and,
WHEREAS, given the limited number of meetings and the limited personnel available, Grant Township has found that it cannot ordinarily meet the sixty (60) day deadline as mandated by the Statute; and,
WHEREAS, fundamental fairness dictates that the Township should put applicants on notice ahead of time that the sixty (60) day notice cannot feasibly be met; and,
WHEREAS, the Town Board has a responsibility to its constituents to provide fair and efficient service in its dealings
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with written requests as discussed in Minnesota Statutes §15.99; and,
WHEREAS, Grant Township is also required to be fiscally responsible to its citizenry in the conduct of affairs of government; and,
WHEREAS, in order for Grant Township to comply fully with the requirements of Minnesota Statutes §15.99, it would have to hire additional personnel to handle these requests; and,
WHEREAS, the volume of such requests is not large enough to justify the hiring of additional personnel. Consequently, the Town Board deems it in the best interest of all of the citizens of the Town of Grant, including Applicants pursuant to Minnesota Statutes §15.99 to extend the timelines under §15.99 as is provided for in §15.99, Subd. 3(f).
NOW, THEREFORE, based upon the foregoing, the following Resolution was duly made, seconded and approved:
1. That the Town of Grant hereby extends the timelines under Minnesota Statutes §15.99 for each and every written request relating to zoning, septic systems, or expansion of the Metropolitan Urban Service Area for a permit, license, or other governmental approval of an action.
2. That the Town Clerk is hereby directed to provide a copy of this Resolution to every applicant who submits a written request for approval as discussed herein. It is the intention of the Town Board that this Resolution shall provide the written notice mandated by Minnesota Statutes §15.99, Subd. 3(f).
WHEREUPON, a vote being taken upon the motion, the following members
voted in favor:
The following voted against:
WHEREUPON, said motion was declared duly passed this _____ day of ________________, 1996.
Gary Erichson, Chairman
Attest:
Deborah Graul, Town Clerk
TOWN OF GRANT
WASHINGTON COUNTY, MINNESOTA
Extension of Time Deadlines
To: _____________________________________
Re: _____________________________________
________________________________________
Date Received: ___________________________
60 day deadline: __________________________
120 day deadline: _________________________
You are hereby notified that the Town of Grant is hereby extending the time deadlines required in M. S. section 15.99 with respect to the written request you have made to the Town of Grant relating to zoning or septic Systems. The extension is made for an additional sixty (60) days. The reason for the extension is to enable the Town Board and the planning commission to more fully deliberate with respect to your request and to allow Town staff time to prepare the necessary findings with respect to the Town's ultimate determination.
Date: ___________________________________
Town Clerk ______________________________