New York Consolidated Laws, General Municipal Law - GMU § 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.


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