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Law And Territorial Development Of Metropolitan Area Of ​​san Salvador Municipalities And Surrounding

Original Language Title: LEY DE DESARROLLO Y ORDENAMIENTO TERRITORIAL DEL AREA METROPOLITANA DE SAN SALVADOR Y DE LOS MUNICIPIOS ALEDAÑOS

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE N1 732.-

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING: I.-That the Urban Development of the Municipality of San Salvador and that of the municipalities

has had a notorious growth; reaching for their conurbation, category of a great city or metropolis with growing development;

II.-That this situation requires a regulation of planning and control of the

urban development of such municipalities, establishing a Metropolitan Area with the respective territories and a Plan Metropolitan Development and Territorial Ordinance, which contains the municipal sectoral plans approved by their respective councils and the sectoral plans of the Central Government;

III. ordering provisions

territorial, so that proper coordination of the actions of the Central and Local Government for the benefit of the Communities; as well as those relating to citizen participation in decision-making for the formulation and evaluation of plans for territorial planning, which is stated in the Constitution of the Republic and the Municipal Code;

IV.-That according to Articles 203 and 206 of the Constitution of the Republic, the

Municipalities and the Central Government are obliged to collaborate in the plans of national, regional and local development;

BY TANT,

in use of its faculties On the initiative of the Deputy Julio Antonio Gamero Quintanilla, DECCRETA the following: LAW OF DEVELOPMENT AND TERRITORIAL PLANNING OF THE METROPOLITAN AREA OF SAN SALVADOR AND THE SURROUNDING MUNICIPALITIES TITLE I CHAPTER ONLY OF THE OBJECT OF THE LAW, OF THE METROPOLITAN AREA OF SAN SALVADOR AND OF THE SURROUNDING MUNICIPALITIES

Art. 1. This Law is intended to regulate the territorial planning and urban and rural development of the Metropolitan Area of San Salvador and surrounding municipalities, through the best use of the resources of the different areas and the use of the planning tools.

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Art. 2. FOR THE PURPOSES OF THIS LAW, THE TERM "METROPOLITAN AREA OF SAN

SALVADOR AND THE SURROUNDING MUNICIPALITIES", WHICH MAY ALSO BE REFERRED TO AS AMSS, SHALL BE THE TERRITORIES OF THE FOLLOWING MUNICIPALITIES: FORMER CUSCATLAN, APOPA, AYUTUXTEPEQUE, CUSCATANCNGO, DELGADO, ILOPANGO, MEJICANOS, NEJAPA, NUEVA SAN SALVADOR, SAN MARCOS, SAN MARTÍN, SAN SALVADOR, SOYAPANGO AND TONACATEPEQUE, WHICH ARE A SINGLE URBAN UNIT OR CONURBATION IN TERMS OF THEIR URBAN DEVELOPMENT. (1)

Art. 3. -At the AMSS, it will be possible to find collaboration in a coordinated way, with the help of special bodies, created by this law, with the Municipal Councils in the attributions that in urban matter points to these the Municipal Code, to the end to encourage consultation with the Central Government and Local Governments and to speed up the provision of public services.

Art. 4. The AMSS may be extended by decree of the Legislative Body upon request of the surrounding municipality, made by the Municipal Council through the Municipal Mayor of the municipality in question.

Art. 5. The AMSS will be subject to a comprehensive and continuous planning in urban matters formulated under the responsibility of the Municipal Councils that make up the AMSS, of the special agencies mentioned in Art. 7 of this law and the institutions of the Central Government responsible for the functions related to the provision of public services, transport and social equipment mentioned in Art. 9.

Art. 6. This law shall include the following aspects:

a) The institutional framework defining the bodies responsible for planning, coordinating and controlling territorial development in the AMSS;

b) The Technical Framework, which defines The Metropolitan Plan of Territorial Ordering of the AMSS,

with its director scheme and sectoral plans, as well as the technical standards for the management of the environment in it;

c) The control of urban development and constructs, which defines rules for

obtaining parcelation and build permissions, inspection and receipt of works, as well as the signification of the competence and responsibilities in the actions related to the execution of the plans and the projects.

TITLE II OF THE DEVELOPMENT PLANNING METROPOLITAN CHAPTER I INSTITUTIONAL FRAMEWORK

Art. 7. The Institutional Framework of the AMSS will be constituted by four organizations that identify and differentiate by their acronym, names and functions as follows:

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COAMSS: Mayor's Council of the San Salvador Metropolitan Area, created by the

Municipal Councils of the AMSS and the surrounding municipalities. An administrative body that will perform the functions in urban areas, which the Municipal Councils that make up the city entrust to it, according to the Municipal Code.

CODEMET: Metropolitan Development Council. Eminently political body.

OPAMSS: AMSS Planning Office technical body, who will act as

Executive Secretary of the Mayors ' Council.

COPLAMSS: AMSS Planning Committee, body Advisory Technical, Advisor to the Metropolitan Development Council.

Art. 8. -The COAMSS for the fulfillment of its purposes and agreement with the functions and

purposes set forth in its creation agreement may:

a) Formulate and propose to CODEMET, the policies of Development and Metropolitan Ordinance;

b) Approve the AMSS Director Scheme, after consulting the Municipal Councils that

make up;

c) Coordinate through the OPAMSS with the planning and control offices of the municipalities and government institutions Central, the formulation of the municipal sector plans and the government's sectoriarles plans Central that are part of the Metropolitan Plan for the Development and Territorial Ordinance of the AMSS, which will have to be submitted to CODEMET for consultation and management;

d) Velar because the provisions of the Metropolitan Plan are dictated by concordance with the

local plans approved by the municipalities of the AMSS;

e) Approve the Technical Standards, regarding the use of the soil that require the implementation of the Metropolitan Plan of Development and Territorial AMSS, in accordance with the policies, plans and projects previously agreed with CODEMET;

f) Collaborate through the OPAMSS with the municipalities of the AMSS in the exercise of control

of the development of their territories, through the application of this Law, its Regulation, the Metropolitan Development and Ordinance Plan Territorial of the AMSS and its implementing rules, as well as all the general technical standards dictated by the institutions of the Central Government and other legal systems, emanating from the Legislative Body of Municipal Local Plans;

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g) Approve the Regulation of this Act. After consulting the Municipal Councils of the AMSS;

h) Convocation to CODEMET;

i) Resolve the aspects not covered by this Law that are considered necessary for the achievement of the object of the same.

THE COAMSS, WILL BE COORDINATED FOR THE MAYOR OF THE MUNICIPALITY OF SAN SALVADOR AND THE

SECRETARY WILL BE ELECTED BY THE MEMBERS WHO INTEGRATE HIM, BEING ABLE NOT TO BE OF HIS BOSOM. (2)

Art. 9.-In order to seek reciprocal collaboration between Municipalities and Central Government, there will be a Metropolitan Development Council that will be composed of: The Mayors of the COAMSS, the Minister of Planning and Coordination of Development Economic and Social, the Minister of Finance, the Minister of Public Works, the Deputy Minister of Housing and Urban Development, the Minister of Education, the Minister of Public Health and Social Care, the Executive Secretary of the National Council of the Middle Environment, the President of the National Administration of Aqueducts and Sewers, the President of the Executive Hydroelectric Commission of the Lempa River and the President of the National Telecommunications Administration.

CODEMET, will be coordinated by the Mayor of the municipality of San Salvador, and will act as Secretary on Deputy Minister of Housing and Urban Development.

Art. 10. -CODEMET, will function as an organization for coordination, coordination and management of the Development and Territorial Ordinance of the AMSS and its functions will be as follows:

a) Concerting the policies of Development and Territorial Ordinance Metropolitan of the AMSS;

b) Coordinate the actions of the municipalities of the AMSS, with the actions of the Central Government, in achieving the social welfare of the AMSS communities;

c) Facilitating the management of the necessary resources for formulation and execution of the Plan

Metropolitan Development and Ordering Territorial of the AMSS;

d) Concerting the provisions of the Metroplitan Plan for the Development and Territorial Ordinance of the AMSS.

For the achievement of its aims, CODEMET, will have as an attribution to propose to the Council of Ministers

the programs and projects of Public Investment for the Metropolitan development in urban matter of the AMSS.

Art. 11. -OPAMSS, in accordance with the purposes and attributions set forth in its creation agreement shall:

a) Collaborate with COAMSS, in the performance of its functions and attributions;

b) Elaborate and propose to the COAMSS for its approval of the AMSS Director Scheme;

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c) Lead the process of formulating and evaluating the Technical Evaluation of the Metropolitan Plan of

Development and Territorial Ordering of the AMSS;

d) Develop and propose to the COAMSS, the Specific Technical Standards that require the implementation of The Metropolitan Planning and Territorial Development Plan is in force of the AMSS, in accordance with the policies, plans and projects of the AMSS, agreed with the CODEMET and the local policies, plans and projects approved by the respective Municipal Councils for each municipality of the AMSS;

e) Partnership and construction projects to be developed in the AMSS,

comply with the requirements set out in the instruments of law mentioned by this law;

f) Give legal tender to the necessary procedures for: qualify land use in areas

allowed, closed or restricted; Permits for parking or construction; define road alignments and retirement zones; obtain the guarantee of the municipality for the realization of projects, through the procedure of road and zoning review; and carry out, receptions of works to every project to perform on the AMSS, which meets the requirements mentioned in the previous literal.

Other than the COAMSS, I pointed out to you according to your agreement of creation.

Art. 12.-In order to coordinate the planning of the AMSS between the Local Government and the Government

Central, and to allow the participation of the unions, professionals and business, related to the construction, as to speed up the Necessary consultations, there will be a planning committee of the AMSS which can be designated with the acronym COPLAMSS that will be integrated by: those responsible in the formulation of programs and projects in the AMSS, that the authorities that make up the CODEMET appoint; a representative of the architects 'guild, a representative of the engineers' guild Civil servants; and a representative of the legally established business associations of the construction and will have the following functions:

a) Advising CODEMET in the coordination of the policies of Development and Territorial must and guide the growth of the AMSS;

b) Advising CODEMET in the coordination of the Metropolitan Development Plan and

Territorial Ordinance of the AMSS;

c) Fostering inter-institutional collaboration in the process of formulation of the Metroplitan Development and Territorial Ordinance Plan of the AMSS;

d) Advise COAMSS on the approval of the AMSS Director Scheme;

For its proper functioning the COPLAMSS will draft its rules of procedure that will be approved

by CODEMET.

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CHAPTER II OF THE TECHNICAL FRAMEWORK

Art. 13. -For the purposes of this law, there will be a Metropolitan Development and Territorial Planning Plan of the AMSS, which will contain:

a) The AMSS Director Scheme, approved by the COAMSS;

b) The Plans Sector of Public Investment, Housing, Education, Health, Transportation, Drinking Water and Sewerage, Electrical Energy, and Communications in CODEMET;

The Metropolitan Development and Ordering and Territorial Plan of the AMSS, may contain

in addition in integral or separate form, partial development plans urban and rural specific sectors and special plans for the conservation of natural resources or cultural heritage.

Art. 14. -The AMSS Director Scheme shall include:

a) The diagnosis of land use and road network of major traffic routes;

b) The organisation of land use, and should specify urban, urbanizable, non-urban land. urbanizables and rural areas, the zoning of land-based and non-urbanizable soils and the rules of land use determining the permitted, conditioned and prohibited uses of different zones;

c) Organisation of road traffic major, which must specify the vial network and

the hierarchy of its paths.

d) criteria and guidelines for the conservation of the environment and the rational use of natural resources.

Art. 15. The formulation and proposal of the sectoral plans of the AMSS, will be in charge of the

existing sectoral planning offices within the organizations represented in CODEMET.

Art. 16.-The Sectoral Plans of the Metropolitan Plan of Development and Territorial Ordinance of the AMSS, must contain at least:

a) A diagnosis of the sector;

b) The policy of the sector;

c) The description of the projects of the relevant infrastructure and urban equipment, if necessary;

d) The rules governing the particular projects;

e) The spatial location and the programming of the proposed targets in the short term, medium and

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long-term public investment according to the resources provided for in economic and social planning, and to the budget allocations for the AMSS of each institution.

Art. 17.-The Executive Branch will have to develop plans for the development of public works projects

in the AMSS, in accordance with the sectoral plans previously agreed by the Municipal Councils that make up the AMSS. CHAPTER III OF THE APPROVAL, VALIDITY AND REVIEW OF THE METROPOLITAN PLAN OF THE DEVELOPMENT AND TERRITORIAL ARRANGEMENT OF THE AMSS

Art. 18. -The AMSS Director Scheme shall be approved by the COAMSS, its procedure shall be established in the regulations of this law.

Art. 19. -The programs and projects of public investment of the Metropolitan Plan of Development and Territorial Ordinance of the AMSS, must be incorporated by the Central Government in the General Budget of the Nation and in the Extraordinary Budgets that are necessary for their implementation and follow up in accordance with the provisions of the law of the National System of Public Investment. For this purpose, the approval process will follow, as set out in the Rules of Procedure.

Art. 20.-The Metropolitan Development and Territorial Planning Plan of the AMSS, as regards the Territorial Order guidelines, will have an indefinite duration until another one is approved to replace them.

investment must be made for the periods established by the National Public Investment Law and in accordance with the existing directors ' schemes.

Art. 21. The AMSS Director Scheme shall be reviewed within the time limits specified therein or when the COAMSS considers that all or some of its forecasts and determinations have been overrun with territorial development; they may also be corrected. When significant errors or omissions are detected later to their approval.

Art. 22.-The revisions or modifications of the Metropolitan Plan of Development and Territorial Ordinance of the AMSS shall be subject to the same content and processing regulations as those indicated for their original elaboration and approval.

Art. 23.-The Metropolitan Plan for the Development and Territorial Ordinance of the AMSS, once approved definitively, shall enter into force eight days after its publication in the Official Journal and any natural or legal person shall have the right to examine the respective documentation and to be informed in writing by the OPAMSS, within one month from the date of the application, of the urban situation of your property with respect to the current Plan or guidelines.

Art. 24. The rules, regulations and determinations of the Metropolitan Plan for the Development and Territorial Ordinance of the AMSS will be mandatory for the public administration as well as for any natural or legal person.

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Art. 25. -Existing structures or infrastructures that, at the date of approval of the Metropolitan Plan of Development and Territorial Ordinance of the AMSS, are not in conformity with it, will be qualified as out of development, not being able to In these areas, the project will be carried out in order to consolidate and increase volume, modernization or any other that increases the value of the expropriation, and can only make the necessary repairs to maintain hygiene, ornato and conservation of the property.

Art. 26.-Every natural or legal person shall have the right to appeal to the COAMSS, for an urban provision which, in its judgment, damages its property, within ninety days of its notification

The COAMSS, shall hear within the Fifteen days to the OPAMSS, and answer or not, it will resolve within the next thirty days.

Art. 27. -Any natural or legal person may develop a partial plan containing modifications to the Metropolitan Plan of Development and Territorial Ordinance of the AMSS, when it considers that this is of greater benefit or profitability for the subject of the Partial Plan. The approval of the Partial Plan, prepared by the interested party, must follow the same approval procedures as established by this Law and its Regulation for the AMSS Director Scheme when it completely or partially modifies a public investment project. the Central Government or a Municipal Government must have the approval of the institution responsible for the project in question.

Art. 28. The approval of the Metropolitan Plan for the Development and Territorial Ordinance of the AMSS will lead to the initiation of the corresponding procedure before the competent courts, in order to be declared to be of public utility the properties that of According to the determinations of the Plan, the Municipal Code must be expropriated or enforced in accordance with the Municipal Code.

Art. 29.-Any property which, by virtue of having been declared to be of public utility, shall be used exclusively for the specific purpose of its expropriation.

In the event that the Metropolitan Plan and the work are carried out without the If the property is used, the expropriated shall be entitled to the return of the good, after reimbursement in favor of the state or municipality as the case may be, of the amount of money that it received as compensation. TITLE III ENVIRONMENT CHAPTER I GENERAL PROVISIONS

Art. 30. For the purposes of this law it is considered of social interest: the conservation, protection, improvement and rational and sustained use of natural resources and the environment.

Art. 31. -All Metropolitan Development and Territorial Planning Plan of the AMSS, must evaluate the environmental impact produced by the works inherent to the development, in the natural environment of the affected site. As a result of such an assessment, the Metropolitan Ordinance Plan

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AMSS Territorial must incorporate the following ecological and environmental elements:

1) The provisions on preservation and restoration of ecological balance and environmental protection;

2) Environmental management of the planning area; 3) The proportion that must exist between green areas and buildable areas;

4) The integration of buildings of high historical, architectural or cultural value, with

green areas and areas of social coexistence.

5) existing green areas;

6) Limitations for settlement of activities considered highly risky;

7) Limitations to exist between housing and industrial areas, taking into account expansion of the housing zones and the impacts the industry would have on them;

8) Limitations for urbanization of restricted development areas;

9) Measures for the conservation of declared non-urbanizable areas under the

established in this Law and its Regulations.

Art. 32. -All Metropolitan Development and Territorial Planning Plan of the AMSS, will establish the areas of restricted development, and the non-urbanizables, differentiating them according to the reasons why they should be preserved; likewise it will normalize the activities that can be authorized in each of these areas.

Art. 33.-The Metropolitan Development and Territorial Planning Plan of the AMSS, based on a technical study, will establish for each area of restricted development the standards and measures quantified to minimize the harmful effects to man and the environment. the environment to be respected by projects located in those areas. CHAPTER II OF RESTRICTED AND UNDEVELOPED DEVELOPMENT AREAS

Art. 34. The areas of restricted development, which must be such as to have an effect on the reloading or contamination of the friatic mantle, shall be established taking into account geological studies of permeability, underground currents and all technical information. available, which serves to quantify the damage in this aspect due to the urbanization. The rules of the AMSS Director Scheme, will establish the minimum areas of lots, unconstructed minimum areas, mandatory absorption wells, and any other measure that maximizes filtration.

Art. 35. -Areas of restricted development, which must be areas for conservation of forested areas to preserve, restore or improve air quality, soil stability, shall be established on the basis of a diagnosis that technically establishes that need. The rules of the AMSS Director Scheme,

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will set the minimum batch areas, the unbuilt minimum areas, the mandatory resent percentages, and any measure that minimizes the expected damages.

Art. 36. -The areas of restricted development, which must be for the conservation of the ecosystem for the preservation of biodiversity, will be established in a study that technically demonstrates that these constitute a resource of high value for the flora and fauna. No development shall be permitted in these areas unless the promoters demonstrate that the proposed use does not affect the habitus required for such species.

Art. 37. -The areas of restricted development, which should be the ones due to their positive effect in reducing the need for vehicular circulation, will be established on the basis of an origin-destination study identifying the activities, complementary to the (a) a regulation laying down minimum permissible residential and constructive deities, the obligation to carry out complementary activities of pedestrian and/or cyclable routes, and any other measure which would require long journeys; decrease the length of travel and the use of polluting vehicles.

Art. 38. -Areas of restricted development, which must be used to prevent the contamination of water resources, must be based on a diagnosis that establishes the current use of the water stream, the species that depend on their level of water. pollution and the risks of increasing this level. The rules of the AMSS Director Scheme, will set the activities that will not be allowed and the restrictions to be enforced by which they are conditionally authorized.

Art. 39. -Non-urbanizable areas that should be developed for their positive effect on the conservation and restoration of forested areas; on the conservation and protection of surface and underground water resources; on the forecasting and control of processes erosives; in the preservation of biodiversity and ecosystems in the protected area system; in the preservation of agricultural and forestry reserve areas; and the risk areas will be established on the basis of technical diagnoses. No urban development will be allowed in these areas. CHAPTER III ENVIRONMENTAL IMPACT

Art. 40. -When the owner of a project of urbanization or construction located in areas of restricted development, considers that the provisions of the Director Scheme for its locality does not correspond to the characteristics of the site, this will be able carry out an environmental impact study that proposes alternatives for the conservation and preservation of the environment by defining the objectives and methodologies. The study shall comply with the requirements laid down by this law and its regulations. The approval of the alternatives proposed in the study will follow the same procedure as that established by this law and its regulation for the AMSS Director Scheme and its evaluation will be carried out by the OPAMSS.

Art. 41. -In the absence of the Metropolitan Plan for the Development and Territorial Ordering of the AMSS or of cases not covered by it, any action of territorial development that leads to activities that may degrade the environment or affect the soil that qualifies as a restricted area of development, must be supported by an Environmental Impact study.

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Art. 42. -They are considered to be activities that could degrade the environment, all those that negatively affect the quality of life of human beings, as well as biodiversity.

Art. 43. -In the absence of the Metropolitan Development and Territorial Planning Plan of the AMSS, the actions that the Environmental Impact Study will demand will be as follows:

a) The formulation of Territorial Development Plans;

b) formulation of projects that significantly alter rural areas or natural resources;

c) The development of urban and rural projects, located in areas of development

restricted;

d) Transmission lines power and substations;

e) hydroelectric, thermoelectric and geothermal;

f) Airports; bus and rail terminals, construction of roads and roads, especially those that may affect protected areas;

g) Urban development and major tourism;

h) Projects real estate;

i) Industrial, chemical, metallurgical and textile plants, production of materials of

construction, equipment and metal products, healers, agroindustrial, abattoirs, plantes and breeding stables, dairies and Fattening of animals;

j) Plants of wood products, Splinters, cellulose industries, pulp

paper;

k) Aquaculture, intensive exploitation and farming or breeding of aquatic resources and processing plants thereof;

l) Manufacture, transport, transit, storage, final disposal and reuse of

toxic, flammable or dangerous substances;

m) Activities or environmental sanitation projects, such as sewerage and drinking water systems, treatment plants Water and solid waste, landfills and rainwater drains;

n) Activities involving a change in land use in areas identified by the

Ecological-Economic Ordering System with irrigation, agricultural, or resource reserve potential.

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Art. 44. The basic content of the Environmental Impact study shall be made in accordance with the requirements established by this law and its regulations, and shall be evaluated by OPAMSS. TITLE IV OF THE URBAN DEVELOPMENT CONTROL AND CHAPTER I CONSTRUCTS OF THE ATTRIBUTIONS

Art. 45. The surveillance, control and approval of all activities related to urban development and construction in the AMSS shall be carried out by the OPAMSS as established by the Municipal Councils of the AMSS, in their respective ordinances. control of urban development and the construction of its locality.

Art. 46. The functions referred to in the previous article shall be exercised by OPAMSS, taking into account the provisions contained in:

a) The AMSS Director Scheme;

b) The Regulation of this Law;

c) Regulations and Codes relating to the location, urbanization and construction that are dictated at the national level.

d) The municipal agreements that at the local level are dictated for the preservation and conservation

of the environment.

Art. 47. -The Ministry of Public Works through the Vice-Ministry of Housing and Urban Development, or who does its times, the Ministry of Labor and Social Welfare, the Ministry of Public Health and Social Care, the Ministry of Economy and the Ministry of Public Health. institutions responsible for providing the public services, must establish general technical requirements and standards that will have to comply with the parcels and constructions in their specific areas.

standards in the review, plan approval and receipt of works.

Art. 48. The institutions referred to in the preceding article where they consider it necessary may corroborate the correct application of the technical requirements and standards through the mechanisms it provides for. CHAPTER II OF THE DESIGN OF PARCELS AND WORKS OF URBANIZATION AND CONSTRUCTION

Art. 49. -All public or private works, to be constructed in the AMSS, must be planned by professionals suitable for each area of the design. Except works which by their magnitude or location their responsibility can be assumed by only professional and those works whose responsibility can be

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assume technical constructors or designers of recognized capacity.

The exceptions thus established may not contravene the provisions of the second paragraph of Art. 8 of the Law of Urbanism and Construction.

Art. 50. -Every project of Parcelation to be carried out must contain two basic areas of design: an Urban Substructure and Urban Infrastructure, the latter being subdivided into Civil, Electrical and Hydraulic design. The regulation of this law will indicate special cases that merit a different number of design areas.

Art. 51. -Every project of construction to be executed, must contain four areas of design: Architectural, Structural, Electrical and Hydraulic. The regulation of this law will establish the special cases that merit a different number, of which the mechanical design and the industrial design must be included.

Art. 52. The areas of design mentioned in the above articles, as well as the competence of their professional responsibility, will be defined in the Rules of Procedure.

Art. 53.-The professionals referred to in Art. 49, will assume the technical responsibility in the area of design of their competence without the need of prior approval of plans and memories, according to the provisions of the regulation of this law. CHAPTER III OF THE EXECUTION OF THE URBANIZATION WORKS AND THEIR CONSTRUCTION

Art. 54.-Any construction or construction work carried out in the AMSS shall be carried out under the responsibility of a natural or legal person previously registered in the competent national registry.

Art. 55. -Every owner who wishes to carry out a work of urbanization or construction in the AMSS must ensure that he/she is responsible, the people who are suitable to direct, supervise and control their execution, who must show the faithful compliance with the technical provisions contained in the plans and memories of the project, as well as the good quality of the works and the materials used in it.

Art. 56. -Any manufacturer of construction materials or importer thereof, shall have the obligation to verify and certify to the OPAMSS, that its materials comply with the specifications offered, by means of laboratory tests carried out by a company dedicated to the geotechnical and materials engineering duly registered. Where there is no laboratory specialized in the quality control of any of the materials, the corresponding certificate must be extended by the manufacturer.

Art. 57. -Companies engaged in geotechnical and engineering construction materials must be registered with the Ministry of Public Works, who must extend the corresponding constancy.

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CHAPTER IV OF THE FORMALITIES

Art. 58. -Any project of a ground or construction to be developed in the AMSS, must adhere to the procedures indicated in this Law and its Rules of Procedure.

Art. 59. The planning of the construction or construction work, the organization of the use of the soil and the road system for any project of parking or urban complex in the AMSS, will require prior or informative formalities of the Director and the approval of the OPAMSS, after consultation with the corresponding Municipal Council.

Art. 60. The execution of the works of urbanization or construction to be carried out in the AMSS, will require the prior permission extended by the OPAMSS, which must be granted without further processing than the complete presentation of the required documentation

Art. 61. -No government institution may authorize the operation of factories, gas stations, universities, schools, hospitals, restaurants, canteens, bars, canteens, lodging and in general, all those activities that generate or can generate conflicts with neighbouring uses such as: noise, waste, traffic congestion and others, without the qualification of place awarded by the OPAMSS, of the plot or building that will house its facilities. Such a place shall indicate the permitted activities and facilities necessary for its operation and the precautions to be taken to avoid inconvenience to the neighbours.

Art. 62. -Every owner of a new building, public or private, who wishes to enable it with public services, must ask the respective municipality, prior to the connection of the same a constancy that he submitted his application for cadastral registration or location of the building. No public service institution may authorize the connection of its services to new buildings or parcels that do not have the previous constancy.

Art. 63. -Any owner of a building, public or private, must ask the OPAMSS to qualify as a prerequisite to be able to change its original use.

The OPAMSS may only refuse to change the use of the building, in the case objectively to verify that such activity generates conflict in the neighborhood or that it endangers the security of the building or its users.

Art. 64.-All Residential Parcels, must have a plot for green area equivalent to 10% of the urbanized area and must be transferred to the municipality in which two types of green area can be distinguished.

recreational, which must be fully equipped according to what is regulated and in no case can be less than 50% of the total green area and another in Ecological Function, in which the vegetation must be preserved and improved existing, the latter may be located on grounds which are unfavourable for construction or (i) the development of a new system for the development of new and more open-market systems.

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Art. 65. In housing condos, the green area must be provided according to the provisions of the Law of this Law and must be incorporated as a communal area in the condominium system. The dominoes will be responsible for their conservation and maintenance.

Art. 66. -All of the inhabitants of the population, must have a plot for social equipment equivalent to 8 m2 per dwelling in residential parcels and 6.4 m2 per lot in popular parcels or of social interest which will be transferred to the Municipality.

The land equipped for social equipment will be used exclusively for activities intended to promote human development in the community, such as education, culture, social improvement, health and others.

Art. 67. -Any owner of fractionation or land parking shall project and construct the minor roads that will give access to the parcels, respecting the regulatory provisions.

Art. 68.-The buildings for the green area, social equipment and road traffic must be transferred to the respective municipality in the form laid down in the rules of this law, and may not be used for another purpose other than the one that prompted the transfer, or to be taxed or taxed for any reason.

Art. 69.-Every landowner who wishes to leave or build the same, must respect the alignments indicated by the Metropolitan Plan of Development and Territorial Ordinance of the AMSS, for the construction of roads of greater or lesser circulation.

Art. 70. The areas for parking in commercial or institutional buildings must have a minimum number of vehicle spaces. Such capacity shall be determined on the basis of the intended use in the premises and the location of the lot in areas of greater or lesser demand for parking according to the provisions of the Regulation of this Law.

It is possible to provide a parking building, a collective parking solution, previously established before the OPAMSS, can be established.

Art. 71. -Financial, governmental or private entities that finance parcels located in the AMSS shall require the owners or persons responsible for the project to be in charge of the Reception of the Works extended by the OPAMSS, and to have completed the requirements laid down in the Regulation for the transfer of the lots for green area and social equipment or the transfer of the lots to the respective municipality, as a prerequisite for the formalisation of the scriptures related to the loan for the acquisition of the parcels. CHAPTER V OF RESPONSIBILITIES

Art. 72.-Any natural or legal person who has participated in the planning within the design areas established in this law, in the execution or in the supervision of the works the control of the materials used therein, shall be responsible for the failures in the buildings, resulting from the negligence or deficiency in their work; this manifest in the ideal documents such as plans, technical specifications of construction, reports, logbooks and others, for which answer before the

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corresponding authorities.

Art. 73.-Any person who alters the conditions of the soil, of the buildings or changes the use of the same for which they were designed, without authorization of the OPAMSS, shall release from all responsibility the persons mentioned in the previous article, and will be the owner who will respond to the competent authority for damages caused to third parties, without prejudice to the penalties imposed by other laws.

The owner will also be liable for damages to third parties, when the work is executed without the right people for its address and supervision.

Art. 74.-The Municipal Councils of the municipalities that make up the AMSS, will be responsible for the custody and maintenance of the green areas and social equipment, which will not be able to make any other use of the same, more than those that this Law or the The AMSS Metropolitan Development and Territorial Ordering Plan or the Municipal Code establishes.

No government or municipal authority may make use of or authorize the use of ecological protection zones, protection zones rivers, streams and other natural accidents, easements and road rights for different purposes for which they were intended. CHAPTER VI OF TRANSGRESSIONS, SANCTIONS, AND RESOURCES

Art. 75.-Any transgression of this law and its regulation, as well as the failure to comply with the technical standards laid down in the plans and documents, codes and regulations relating to urbanization and construction, resolutions and permits for parcels or construction, are subject to sanction as set forth in this Law and Regulations.

Art. 76.-The penalties mentioned above shall be as follows:

a) Suspension of the work;

b) Economic sanctions;

c) Suspension of public services;

d) Demolition of the contested work;

e) Closing of the work building.

Art. 77.-The suspension of the construction or parking works shall be ordered, when any of the following situations are incurred:

a) Falsehood in the data recorded in the permit applications;

b) Carishing in the works, without justified cause, of the logbook or by omitting the necessary data in the same data as the Regulation of this Law establishes;

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c) Executing a work or parcelation without the corresponding authorization;

d) Running a work, modifying the approved in the road review and zoning, without

having previously authorized such modifications;

e) Running a work without Director;

f) Running, without the appropriate precautions, works that endanger people's lives or property;

g) Do not abide by provisions relating to environmental protection.

Art. 78. -Application of economic sanction proceeds when the builder or owner is made

creditor to a second or third notification about the same transgression as to the suspension of the work.

Art. 79.-The application of the financial penalty to the builder, in the case of the second notification for the same transgression, would consist of 50% of the value of the contested part of the work; in the case of the third notification, 100% of the This value is roasted. If the builder reincites in that type of transgression the case will be transferred to the National Registry of Architects, Engineers, Projectors and Builders, to proceed with the application of the corresponding sanction.

Transgressions to the provisions for the preservation of the environment shall be sanctioned with a fine equivalent to 50% of the value of the land concerned.

The amount of such financial penalties shall be paid to the funds of the municipality of the jurisdiction of the sanctioned work.

Art. 80.-The suspension of the public works of the works shall be carried out, where the infringer does not abide by the third order of suspension in the term indicated in the relevant notification

Art. 81.-The demolition of construction or urbanization works shall be ordered when any of the following situations are incurred.

a) For having executed a work or part of it without complying with the minimum requirements laid down in the Regulation of this Law and other related regulations;

b) When a work for its poor construction or location, threatens health or puts in

danger to people's life or property;

c) When in the suspended works or The closure of the closure may not be necessary to adapt them to the minimum requirements laid down in the Regulation of this Act;

d) To locate the work outside the construction line or within the retirement zone

mandatory or within the public route;

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e) When the target of the work has been considered as a prohibited use in the qualification

of place or in the general zoning plan of the AMSS according to the land use matrix;

Art. 82.-Demolition shall be carried out by the municipality on behalf of the owner or

constructor as the case may be, when the demolition order has not been served in the term indicated in the relevant notification.

Art. 83.-The fines imposed must be paid within 15 days of

the notification of the decision in which it is imposed, unless an appeal is lodged; in which case the obligation of payment shall be within the five working days after the final decision; the certification of the decision imposing the respective fine shall be enforceable. Outside of these deadlines, the fine will cause interest of 2% monthly.

Art. 84. Of any non-compliance or transgression in a work, the OPAMSS shall inform the Municipal Mayor or delegate of the locality in which the offence was committed, for the purposes referred to in Article 88 of this Law.

Any reoffending of a builder will be notified to the National Registry of Architects, Project Engineers, and Builders, to proceed with the corresponding penalty application.

Art. 85.-The variation of the use of the soil, without the corresponding permission, will result in the application of sanction according to the following procedure:

FIRST NOTICE

The transgression will be indicated and the deadline in which it will be

SECOND NOTIFICATION.

The term in the will be given to the suspension of public services if the first and second notification is not addressed, economic penalty of 10% of the value of the property.

THIRD NOTIFICATION

Suspension of public services and closing of the building.

Art. 86.-The application to the economic penalty to the owner of the parcel in the case of

the second notification by the transgression will consist of an effective fine equivalent to 5% of the value of the property according to the expert's assessment , in the case of the third notification, the fine will be 10% of the value of the building and the closing of the final parking.

Art. 87.-Of any resolution or technical agreement that the OPAMSS takes, in accordance with this law and its regulation, and which is considered to be unfavorable to the interested party, the interested party may request the OPAMSS review with explanatory statement. In the event of a negative decision, the Council may have recourse to the respective Municipal Council within the next 15 working days of the notification of the decision. In such virtue the City Council

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will request the relevant information and evidence from the OPAMSS, and will resolve within a period of no more than thirty days, after hearing the interested party.

Art. 88.-The competent authority to sanction, prior to the corresponding administrative judgment, shall be the Municipal Mayor or delegate of the locality, where the offence is committed as established by the Municipal Code in art. 131.

When the Mayor or a delegated official has knowledge by notification of the OPAMSS, that a person, natural or legal, committed infraction to this law, within its Municipal scope, will initiate the procedure, and request to the OPAMSS the evidence deemed necessary.

From the test obtained it will notify the offender in legal form to appear within the four hours and eight hours after the notification. If he appears in his rebellion, he will open up tests for eight days and the term will be resolved within two days.

To pass judgment the authority will acquire its conviction for any of the means established in the law.

The certification of the resolution imposing a fine will have executive force.

Art. 89.-Of the resolutions of the Mayor or Delegate, an appeal for appeal to the Council within the three following its notification shall be admissible.

The appeal shall be filed by the Mayor, the Mayor shall give the Council an appeal. next session who will designate some of its members or an official to bring the resource to the resource and return it in a timely manner.

Admitted to the appeal by the Council will be notified to the appellant and will be opened to the test for the term of four days.

After the test term the order of the substantiation will return the case to the Council to resolve.

Art. 90.-The fines provided for in this law shall enter the municipality of the place where the offence was committed.

Art. 91. In the absence of this law, the law of Urbanism and Construction or that which does its times and its regulations shall apply.

CHAPTER VII TRANSITIONAL PROVISIONS

Art. 92. -As long as the institutions referred to in Article 47 of this Law do not comply with what is available, the OPAMSS shall have sufficient authority to grant the corresponding permits and certificates of receipt, under conditions and regulations. proposed by this office and approved by the COAMSS.

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Art. 93.-The Metropolitan Plan of Development and Ordering of the AMSS, which is established by art. 16 of this law, must be approved within a period of not more than one year, counted from the validity of the same.

As long as the Metropolitan Plan for the Development and Territorial Ordinance of the AMSS, as mentioned in the previous paragraph, is not approved, The current Plan of Development of the Metropolitan Area of San Salvador, known as METROPLAN 2000, will be implemented.

Art. 94. The provisions of this law for their special character shall prevail over any other than the contrarié.

Art. 95.-This decree will enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the eight days of the month of December of a thousand nine hundred and ninety-three. LUIS ROBERTO ANGULO SAMAYOA PRESIDENT

CIRO CRUZ ZEPEDA PEÑA RUBEN IGNACIO ZAMORA RIVAS VICE PRESIDENT MERCEDES GLORIA SALGUERO GROSS VICE PRESIDENT

RAUL MANUEL SOMOZA ALFARO SILVIA GUADALUPE BARRIENTOS ESCOBAR SECRETARY SECRETARY JOSE RAFAEL MACHUCA ZELAYA RENÉ MARIO FIGUEROA FIGUEROA SECRETARY REYNALDO QUNTANILLA PRADO SECRETARY

CASA PRESIDENTIAL: San Salvador, 20 days in the month of December, one thousand nine hundred and ninety-three. PUBLISH, ALFREDO FÉLIX CRISTIANI BURKARD, President of the Republic. MIRNA LIEVANO DE MARQUES, Minister for Planning and Coordination of Economic and Social Development.

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JOSÉ RAÚL CASTAÑEDA VILLACORTA, Minister of Public Works. D.O. NO 18 TOO NO 322 DATE: 26 January 1994 REFORMS: (1) D.L. Nº 737, 21 JUNE 1996;

D.O. NO 139, T. 332, 25 JULY 1996. (2) D.L. No. 855, APRIL 23, 2009,

D.O. No. 88, T. 383, MAY 15, 2009. NGCL CGC 08/06/09