Section 239-NN. Rights and duties of neighboring municipalities in planning and zoning matters


Latest version.
  • 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.