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This entry was published on 2014-09-22
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SECTION 239-NN
Rights and duties of neighboring municipalities in planning and zoning matters
General Municipal (GMU) CHAPTER 24, ARTICLE 12-B
§ 239-nn. Rights and duties of neighboring municipalities in planning
and zoning matters. 1. Legislative intent and purpose. It is the intent
and purpose of this section to encourage the coordination of land use
development and regulation among adjacent municipalities in order that
each adjacent municipality may recognize the goals and objectives of
neighboring municipalities, and as a result development occurs in a
manner which is supportive of the goals and objectives of the general
area.

2. Definitions. For the purpose of this section:

(a) "Municipality" shall mean a city, except a city having a
population in excess of one million, a town or a village.

(b) "Adjacent municipality" shall mean a city, except a city having a
population in excess of one million, town or village which has a portion
of its boundary that is contiguous with another municipality.

3. The legislative body or other authorized body having jurisdiction
in a municipality shall give notice to an adjacent municipality when a
hearing is held by such body relating to:

(a) the issuance of a proposed special use permit or the granting of a
use variance on property that is within five hundred feet of an adjacent
municipality;

(b) site plan review and approval on property that is within five
hundred feet of an adjacent municipality; or

(c) a subdivision review and approval on property that is within five
hundred feet of an adjacent municipality.

4. Such notice shall be given by mail or electronic transmission to
the clerk of the adjacent municipality at least ten days prior to any
such hearing.

5. Such adjacent municipality may appear and be heard.