Modifies The Law General Town Planning And Constructions In The Field Of Utility Regulators Plans Pa Public Affectations

Original Language Title: MODIFICA LA LEY GENERAL DE URBANISMO Y CONSTRUCCIONES EN MATERIA DE AFECTACIONES DE UTILIDAD PÚBLICA DE LOS PLANES REGULADORES

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Agreganse, in article 28, the following second and third subparagraphs: "each instrument of urban planning will have an own area of competence in attention to the geographic area covered and materials which can regulate" in which he will prevail over others.
Without limiting the foregoing, instruments may be set, only for unplanned territories, transitional provisions with supplementary character on matters inherent to the next level, whether upper or lower, which shall be without effect at the time of coming into force the instrument of territorial planning containing standards to that level of competition. These transitional provisions shall not be mandatory for the new instrument. "."

(2) add the following article 28 bis: "article 28 bis.-through detailed drawings may be fixed with accuracy the paths and widths of namespaces declared of public utility in the regulatory plans community, sectional or intercommunal, provided that they do not modify them.
Detail plans shall be drawn up by the municipality or by the Regional Ministerial Secretary of housing and urban development, according to specified plans of communal and intercommunal level. When the municipality make them you should request a report to the Regional Ministerial Secretariat of housing and urbanism respective on the plane project, and when the latter elaborate them, it should require the affected municipalities report. If the report is not issued within fifteen working days of its receipt means that there are no comments, unless the relevant authority requested, within that period, an extension for equal period.
With the merit of all this background, and a report justifying the proposal and its consistency with the specified instrument, the project will be submitted to the approval of the City Council, it is communal or sectional plans, or the regional Council, in the case of intercommunal plans. Drawings shall be enacted by Decree mayoral or resolution of the intendant, as the case may be. "."

(3) replace, in the first paragraph of article 46, the expression "accurately paths and widths of streets,", the word "the".

(4) replace the letter (c) of article 51 by the following: "(c) transfers of land that was developed, in accordance with the provisions of this law and its general Ordinance.".

(5) replaced article 59 by the following: ' article 59.-Declaranse of public utility all terrain consulted in the communal regulatory plans, inter-communal regulatory plans and sectional plans for circulations, squares and parks, including their expansions, in urban areas, as well as those located in rural areas the inter-communal regulatory plans intended for roads. "
The related Declaration of public utility land owners may request the municipality or the Regional Ministerial Secretary of housing and urban development, as appropriate, through detailed drawings is chart exactly the part of their territories affects public utility when intercommunal or communal plan not been established it, having such plans approved within six months. "."

(6) enter the following article 59 bis: If the date of the Declaration constructs, its volume should not be increased, except for the exceptions authorizing the article 62 of this law and which have always had the respective permits. "

However, if product of a fortuitous case or force majeure the existing buildings were to experience damage that leave them unusable, its reconstruction until the volume of the building that existed previously, provided that this has been the respective permits may be authorized.
However, for housing you can increase the volume or rebuild up to two floors, in accordance with in the next letter.

b) if at the date of the Declaration, there were no buildings, will only accept the construction of a House of up to two stories high in the lots received to the date of the Declaration, in accordance with the rules that set the General Ordinance. Built this, it will be subject to the regime of the previous letter. In the concerned housing activities supported by article 162 of this Act are permitted.
(c) exceptionally, management of municipal works may permit other constructions or alterations to existing buildings, in the terms and with the prescribed limitations in article 121.

Nothing in this article shall be without prejudice to the limitations set forth in other provisions of this Act or other legislation. "."

(7) replace article 88 with the following: "article 88.-in the case of partial expropriation will be deduct or fall in the amount of the compensation change of value that the party not expropriated as a result of the investments that make the State associated with the expropriation, or of the plan or planning instrument that has declared the public utility acquires.".

(8) replaced article 99 by the following: ' article 99-while a municipality do not effective expropriation of the stated grounds of public utility according to the requirements of article 59, the affected part of such property shall be exempt from the payment of contributions. "
To enforce this exemption, the applicant must accompany the internal revenue service a certificate of prior information showing which part of the property is declared of public utility under the respective planning instrument. "."

((9) amend article 121 as follows: to) delete the paragraph first.
(b) replace the second paragraph, which happens to be subsection first, the initial sentence "However, for justified reasons, management of municipal works, prior authorisation from the municipality, permissible construction, partial reconstruction, or other alterations in the buildings referred to in the preceding subsection," with the following: "management of municipal works may, prior authorisation from the municipality allowing new construction or other alterations in the existing buildings on the grounds referred to in article 59, other than which supports article 59 bis, "."

(10) be replaced with article 122 the following: ' article 122-in the set regulatory plans antejardines only may be constructions that are explicitly supported in the General regulations of this law or in the Ordinance of the respective instrument of planning. "
Without limiting the foregoing, may authorize temporary buildings, in accordance with article 124. "."