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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LEGISLATURE - REPUBLIC OF EL SALVADOR

INDEX LEGISLATIVE DECREE N1 732.-

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, WHEREAS: I. urban development of the Municipality of San Salvador and the surrounding municipalities
has had a remarkable growth; reaching its conurbation category of a big city or metropolis with growing development;
II.- That this situation requires regulation
planning and control of urban development of such municipalities, establishing a metropolitan area with the respective territories and Metropolitan Development Plan and Zoning, containing the municipal sector plans approved their respective councils and sectoral plans of the Central Government;
III It is necessary to give appropriate steps
territorial ordering, to put into effect the proper coordination of the actions of the Central Government and Local benefit of the Communities; as well as those concerning public participation in decision making for the formulation and evaluation of land use plans, which is stated in the Constitution of the Republic and the Municipal Code;
IV.- That pursuant to Articles 203 and 206 of the Constitution of the Republic, the
Municipalities and the Central Government bind themselves to cooperate in the plans of national, regional and local development;
THEREFORE,
in exercise of its constitutional powers and initiative of Deputy Julio Antonio Gamero Quintanilla, DECREES the following: LAW AND TERRITORIAL DEVELOPMENT OF Metropolitan Area of ​​San Salvador SURROUNDING MUNICIPALITIES AND TITLE ONE CHAPTER I OBJECT OF THE LAW, THE Metropolitan Area of ​​San Salvador SURROUNDING MUNICIPALITIES AND
Art. 1. The present Law is to regulate land use planning and urban and rural development in San Salvador Metropolitan Area and surrounding municipalities, through better use of resources in the different areas and full use of the instruments of planning.
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Art. 2. FOR THE PURPOSES OF THIS ACT, the term "METROPOLITAN AREA OF SAN SALVADOR AND
surrounding municipalities," which also may be designated with the acronym AMSS, TERRITORIES OF THE FOLLOWING MUNICIPALITIES: Antiguo Cuscatlan, APOPA, Ayutuxtepeque, Cuscatancingo, DELGADO, ILOPANGO, MEJICANOS, NEJAPA, NEW SAN SALVADOR, SAN MARCOS, SAN MARTIN, SAN SALVADOR, SOYAPANGO and Tonacatepeque, WHICH IN REASON OF ITS URBAN DEVELOPMENT ARE ONE URBANISTICA or conurbation UNIT. (1)
Art. 3. In the AMSS will be sought collaboration in a coordinated manner with the aid of special body created by this law, the municipal councils in the authority in town planning points to these the Municipal Code, in order to promote the consultation with the Central Government and Local Governments and expedite the provision of public services.
Art. 4. The AMSS may be extended by decree the previous legislative branch neighboring municipality request made by the City Council through the Municipal Mayor of the municipality in question.
Art. 5. The AMSS is subject to comprehensive planning and town planning continuous formulated under the responsibility of the Municipal Councils of coverage, special bodies mentioned in Art. 7 of this Act and central government institutions responsible for functions related to the provision of public services, transport and social facilities referred to in Art. 9.
Art. 6. This law shall include the following:
a) The institutional framework that defines the bodies responsible for the planning, coordination and control of territorial development in the AMSS;
b) The Technical Framework, which defines the Metropolitan Land Use Plan of AMSS,
with its master plan and sectoral plans and technical standards for environmental management therein;
c) Control of urban development and construction, which defines rules for obtaining permits
parceling and construction, inspection and acceptance of works, as well as the indication of competence and responsibilities in proceedings related to implementation plans and projects.
TITLE II OF THE METROPOLITAN PLANNING DEVELOPMENT INSTITUTIONAL FRAMEWORK CHAPTER I
Art. 7. The Institutional Framework of AMSS will consist of four agencies identified and differentiated by their initials, names and functions as follows:
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COAMSS: Council of Mayors of the Metropolitan Area of ​​San Salvador, created by the Municipal Councils
AMSS and the surrounding municipalities. Agency Administrator who shall act in urban, that the municipal councils that comprise entrusted to him under the Municipal Code.
CODEMET: Metropolitan Development Council. Eminently political body.
OPAMSS: Planning Office AMSS technical body which will act as
Executive Secretariat of the Council of Mayors.
COPLAMSS: AMSS Planning Committee, an advisory technical agency, adviser to the Metropolitan Development Council.
Art 8. The COAMSS for the fulfillment of its purposes and consistent with the functions and purposes
established in its creation agreement may:
a) Formulate and propose to CODEMET, policies Metropolitan Development and Management;.
b) To approve the Scheme Director of AMSS, after consultation with the municipal councils that make
;
C) Coordinate through OPAMSS with planning offices and control of municipalities and central government institutions, the formulation of municipal sector plans and sectoriarles Central Government plans that are part of the Metropolitan Development Plan AMSS Land management, which must be submitted to CODEMET for coordination and management;
d) Ensure that the provisions of the Metropolitan Plan was issued in accordance with plans approved by
local municipalities AMSS;
E) To approve the Technical Regulations relating to land use that require the enactment of the Metropolitan Development Plan and Zoning of AMSS, in accordance with the policies, plans and projects previously concluded with CODEMET;
f) Collaborate through OPAMSS with the municipalities of the AMSS in the exercise of control
development of their territories through the application of this Act, its regulations, the Metropolitan Development Plan and Land Management and its rules of AMSS application and all general technical regulations issued by the central government institutions and other legal systems, emanating from the Legislative Branch of the Municipal Local Plans;

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g) approve the regulations of this Law, after consulting the municipal councils of AMSS.;
H) Convene CODEMET;
I) Resolve issues not covered by this Act deemed necessary to achieve the object of it.
THE COAMSS, WILL BE COORDINATED BY THE MAYOR OF THE MUNICIPALITY OF SAN SALVADOR AND
SECRETARY WILL BE CHOSEN BY MEMBERS THAT INTEGRATE AND MAY NOT YOUR BREAST. (2)
Art. 9. In order to ensure mutual cooperation between municipalities and central government, there will be a Council of Metropolitan Development will consist of: Mayors of COAMSS, the Minister of Planning and Coordination of Economic and Social Development, the Minister of Finance, Minister of Public Works, the Deputy Minister of Housing and Urban Development, the Minister of Education, the Ministry of Public Health and Social Assistance, the Executive Secretary of the National Environment Council, 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.
The CODEMET, it will be coordinated by the Mayor of the municipality of San Salvador, and act as Secretary of the Deputy Minister of Housing and Urban Development.
Art. 10. The CODEMET, act as agency coordination, consultation and management Development and Land Management AMSS and their functions are as follows:
a) Make policies Metropolitan Development and Territorial Planning of AMSS;
B) To coordinate the actions of the municipalities of the AMSS, with the actions of the Central Government in the achievement of social welfare of communities of AMSS;
c) To facilitate the management of resources for development and implementation of the Plan
Metropolitan Development and Land Management of AMSS;
D) Make the provisions of Metropolitano Development Plan and Zoning of AMSS.
To achieve its objectives, the CODEMET, will be attribution propose to the Council of Ministers
programs and projects for the Metropolitan Public Investment development planning matters of AMSS.
Art. 11. The OPAMSS, in accordance with the purposes and powers set out in its creation agreement shall:
a) Collaborate with the COAMSS, in fulfilling its functions and powers;

B) To prepare and propose for approval to COAMSS Scheme Director of AMSS;
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c) directing the formulation and technical evaluation of the Metropolitan Development Plan and Land Management
AMSS;
D) prepare and propose to COAMSS, the Technical Standards requiring specific enactment of Metropolitan Management Plan and Territorial Development AMSS, in accordance with policies, plans and projects AMSS, concluded with the CODEMET and policies, plans and local projects approved by the respective municipal councils for each municipality of AMSS;
e) To ensure that the parceling and construction projects developed in the AMSS,
meet the requirements set forth in the instruments of order raised by this law;
f) Provide legal tender the necessary steps to: describe land use in
allowed, closed or restricted areas; the granting of permits parceling or construction; define road alignments and retirement areas; obtain the approval of the municipality for the implementation of projects through the review process road and zoning; and perform, receptions works every project to be undertaken in the AMSS, which meets the requirements mentioned in the preceding paragraph.
Other than the COAMSS, point him under his agreement creation.
Art. 12. In order to coordinate the planning of AMSS between Local Government and Central Government
and to allow the participation of unions, professional and business related to construction, as to expedite the necessary consultations there will be a planning committee AMSS which may be designated with the acronym COPLAMSS shall consist of: those responsible for the formulation of programs and projects in the AMSS, which the authorities that make up the CODEMET designate; one representative of the union of architects, a representative of the union of civil engineers; and a representative of employers' associations of the legally established construction and have the following functions:
a) advise the CODEMET in concluding policies Development and Land Management to be and guide the growth of AMSS;
b) Advise the CODEMET in the conclusion of the Metropolitan Development Plan and Zoning
AMSS;
C) To promote interagency collaboration in the process of formulating the Metropolitano Development Plan and Zoning of AMSS;
d) To advise the COAMSS in the approval of Scheme Director of AMSS;
For proper operation the COPLAMSS draw up its rules to be approved by the CODEMET
.

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CHAPTER II TECHNICAL
FRAME Art. 13. To fulfill the objectives of this law will be a Metropolitan Development Plan and Land Management of AMSS, which will contain:
a) The Director of AMSS Scheme approved by the COAMSS;
B) Public Sector Plans Investment, Housing, Education, Health, Transportation, Water and Sewage, Electric Power Communications concluded in the CODEMET;
The Metropolitan Development Plan and Planning and Territorial AMSS may also contain
integral or separate, partial plans for urban and rural development of specific sectors and special plans for conservation of natural resources and cultural heritage.
Art. 14. Scheme AMSS Director shall include:
a) The diagnosis of land use and road network of roads largest circulation;
B) The organization of land uses and must specify urban, developable, not developable and rural soils, zoning and not developable developable land and land uses standards determining the permitted uses, conditional and prohibited the different areas;
c) Organization largest circulation pathways, which must specify the road network and the hierarchy
its tracks.
D) The criteria and guidelines for environmental conservation and wise use of natural resources.
Art. 15. The formulation and proposed sectoral plans AMSS, will be in charge of the offices
existing sectoral planning within organizations represented in the CODEMET.
Art. 16. The Sector Plans Desarrrollo Metropolitan Plan and Land Management AMSS shall contain at least:
a) A diagnosis of the sector;
B) The policy of the sector;

C) The description of the projects of infrastructure and related urban infrastructure, if they were necessary;
d) The rules governing particular projects;
e) The spatial location and scheduling of the proposed goals in the short, medium and
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LEGISLATIVE INDEX long-term public investment according to the resources provided for economic and social planning, and budgetary allocations for the AMSS of each institution.
Art. 17.- The Executive Branch should develop plans for menorizados projects
public works in the AMSS, in accordance with the sectoral plans previously entered into by the municipal councils that make up the AMSS. CHAPTER III APPROVAL, ENTRY INTO FORCE AND REVISION OF METROPOLITAN PLAN TERRITORIAL DEVELOPMENT AND MANAGEMENT OF AMSS
Art. 18. Scheme Director of AMSS must be approved by the COAMSS, your procedure will be established in the regulations of this law.
Art. 19. programs and public investment projects Metropolitan Development Plan and Zoning of AMSS, shall be incorporated by the Central Government in the General Budget of the Nation and the extraordinary budgets that are necessary for implementation and follow up of accordance with the provisions of the law of the National Public Investment System. To this end, will continue the approval process, which is established in the regulations of this law.
Art. 20.-The Metropolitan Development Plan and Zoning of AMSS, as regards the guidelines of Land Management, will remain in force indefinitely while none other than the replacement is approved.
Programs and investment projects shall be made for the periods set by the National Public Investment Act and in accordance with master plans in force.
Art. 21.-Scheme Director of AMSS, will be reviewed at the time that the same are brought or when the COAMSS considers that all or some of its provisions and determinations have been overwhelmed territorial development; also they are corrected when significant errors or omissions are detected subsequent to its approval.
Art. 22. Revisions or modifications to the Metropolitan Development Plan and Zoning of AMSS, shall be subject to the same regulations and processing content that identified for development and original approval.
Art. 23. The Metropolitan Development Plan and Land Management of AMSS, once finally adopted, will come into force eight days after its publication in the Official Journal and any natural or legal person is entitled to examine the relevant documentation and to be informed by written by OPAMSS, within a month counted from the date of application of urban property situation regarding the Plan or guidelines in force.
Art. 24.-The rules, regulations and Metropolitan Development Plan and Zoning of AMSS determinations will be binding for both public administration and for any natural or legal person.
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LEGISLATIVE INDEX Art. 25.-existing structures or infrastructure to the date of approval of the Metropolitan Development Plan and Land Management of AMSS, be agreed pursuant thereto, shall be classified as outside development can not take place in these works of consolidation and increased volume, modernization or any other increase its value expropriation, can only make the necessary repairs to maintain hygiene, beautification and preservation of the property.
Art. 26.- Any natural or legal person shall have the right to appeal to the COAMSS, for an urban provision in its judgment harm to your property, within ninety days of its notification birth
The COAMSS, heard within the fifteen days to OPAMSS, and answer or not resolved within thirty days.

Art. 27.-Any natural or legal person may develop a partial plan containing modifications to the Metropolitan Development Plan and Zoning of AMSS, where it considers that this is of greater benefit or return to the site subject of the Partial Plan. The approval of the Partial Plan, prepared by the applicant must follow the same approval procedures established by this Act and its Regulations for Scheme Director of AMSS when modifying or performing a public investment project of the Central Government or a Municipal Government, should have the approval of the institution responsible for the project in question.
Art. 28.- Approval of the Metropolitan Development Plan and Land Management AMSS will lead to initiate proceedings before the competent courts, in order to be declared of public utility property in accordance with the Plan determinations are to be expropriated or imposition of serfdom under the Municipal Code.
Art. 29.- All properties under have been declared a public utility it be expropriated, shall be used exclusively for the specific purpose for which it was expropriation.
If the Metropolitan Plan and will perform work without the property used regardless of the expropriated property is entitled to the return of the property, prior reimbursement for the state or municipality as appropriate, of the amount of money received in compensation. TITLE III ENVIRONMENTAL REGIME CHAPTER I GENERAL PROVISIONS
Art. 30.-For the purposes of this law is considered of social interest: the preservation, protection, improvement and rational and sustained use of natural resources and the environment.
Art. 31.- All Metropolitan Development Plan and Zoning of AMSS, should assess the environmental impact caused by the works inherent in the development, in the natural environment of the affected site. As a result of this assessment, the Metropolitan Management Plan
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Territorial AMSS should incorporate the following ecological and environmental elements:
1) The provisions on the preservation and restoration of ecological balance and environmental protection;
2) The ecological management of the planning area; 3) The proportion that should exist between the green areas and buildable areas;
4) The integration of buildings of high historical, architectural or cultural value, with
green areas and areas of social life.
5) conservation measures existing green areas;
6) Limitations settlement activities considered high risk;
7) Limitations which should exist between residential areas and industrial zones, taking into account the expansion of residential areas and the impacts that the industry would have on them;
8) Limitations for urbanization of areas of restricted development;
9) Measures for the conservation of areas declared not developable
under the provisions of this Act and its Regulations.
Art. 32.-All Metropolitan Development Plan and Zoning of AMSS, establish restricted areas of development and non-development, differentiated as the cause to be preserved; likewise it will regulate the activities that may be permitted in each of these areas.
Art. 33.-The Metropolitan Development Plan and Zoning of AMSS, based on a technical study established for each development area restricted standards and quantified measures to minimize the harmful effects to man and the environment to apply to the projects in these areas. CHAPTER II DEVELOPMENT OF RESTRICTED AREAS AND NOT developable
Art. 34.-restricted areas of development, which should be by its effect on the water table recharge or contamination of the mantle, be established taking into account geological studies of permeability, undercurrents and all available technical information, which serves to quantify the damage this aspect the effect of urbanization. The Scheme rules AMSS Director, will establish the minimum areas of lots, minimum unbuilt areas, mandatory absorption wells, and any other measures that maximizes filtration.
Art. 35. development restricted areas, which should be for conservation of forest areas to preserve, restore or improve air quality, soil stability will be established based on technically establish a diagnosis that need. The Scheme rules Director of AMSS,
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Areas set minimum lots, minimum unbuilt areas, the percentages of mandatory reseeding, and any measures that minimize the expected damage.
Art. 36.-restricted areas of development, which should be for ecosystem conservation for the preservation of biodiversity, will be established in a technical study showing that these constitute a resource of high value for flora and fauna. no development in these areas will not be permitted, unless the promoters demonstrate that the proposed use does not affect the habitat necessary for these species.
Art. 37. development-restricted areas, they should be for their positive effect on reducing the need for vehicular traffic, will be established based on an origin-destination study to identify activities complementary to the ruling, the lack of force long runs, regulation and establish minimum allowable desidades residential construction, the obligatoriadad of complementary activities of pedestrian or cycling trails, and any other measures to decrease the length of routes and the use of polluting vehicles.
Art. 38.-restricted areas of development, which must be to prevent contamination of water resources should be based on a diagnosis to determine the current use of the power of these waters, species that depend on their current level of pollution and risks increase this level. The Scheme rules AMSS Director, will establish the activities will not be permitted and restrictions enforced by those who are authorized conditionally.
Art. 39. Non-developable areas to be afforested by its positive effect on the conservation and restoration of forested areas; in the conservation and protection of surface and groundwater resources; in the forecast and control of erosion; in preserving biodiversity and ecosystems in the protected areas system; in preserving the areas of agricultural and forest reserve; and risk areas will be established based on technical diagnostics. no urban development in these areas will not be permitted. CHAPTER III ENVIRONMENTAL IMPACT
Art. 40.-When the owner of a development project or located in areas of restricted development construction, consider that the provisions of the Master Plan for your location does not correspond to the characteristics of the site, this can make an environmental impact study to propose alternatives for conservation and environmental preservation scope defining the objectives and methodologies. The study must meet the requirements established 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 regulations for Scheme Director of AMSS and evaluation is done by the OPAMSS.
Art. 41.-In the absence of the Metropolitan Development Plan and Zoning of AMSS or cases not covered by it, all actions of territorial development that may lead to activities likely to degrade the environment or affecting the ground that qualifies as development area restricted, it must be supported by an environmental impact study.
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LEGISLATIVE INDEX Art. 42.- activities are considered likely to degrade the environment, all those that adversely affect the quality of life of human beings and biodiversity.
Art. 43.-In the absence of the Metropolitan Development Plan and Land Management of AMSS, actions that will require the Environmental Impact Study will be:
a) The formulation of Territorial Development Plans;
B) The formulation of projects significantly alter the rural area or natural resources;
c) The development of urban and rural projects located in areas restricted
development;
D) Power transmission lines and substations;
E) hydroelectric, thermoelectric and geothermal plants;
F) Airports; bus terminals and railways, construction of highways and roads, especially those that may affect protected areas;
g) urban and tourist development scale;
h) Real estate projects;
i) industrial, chemical, metallurgical and textile plants, producing construction materials
, equipment and metal products, tanneries, agribusiness, slaughterhouses, establishments and breeding stables, dairies and fattening animals;
j) processing plants wood products, chippers, pulp mills, paper pulp
;
K) Aquaculture, intensive farming and breeding crops or water resources and processing plants thereof;

l) Manufacturing, transportation, transfer, storage, disposal and reuse of
toxic, flammable or hazardous substances;
M) Activities or environmental projects, such as sanitation, sewage systems and drinking water, water treatment plants and solid waste, landfills and storm drains;
n) Activities involving a change in land use in areas identified by the
Ecological Management System-Economic potential irrigation, agricultural or resource reservation.

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LEGISLATIVE INDEX Art. 44.-The basic content of the environmental impact study shall be in accordance with the requirements established by this law and its regulations, and evaluation will be conducted by OPAMSS. TITLE IV CONTROL OF URBAN DEVELOPMENT AND CONSTRUCTION CHAPTER I OF THE POWERS
Art. 45.-Monitoring, control and approval of all activities related to urban development and construction in the AMSS will be in charge of the OPAMSS as established by the Municipal Councils of the AMSS, in their respective control ordinances and urban development building your town.
Art. 46. ​​The functions mentioned in the previous article shall exercise the OPAMSS, meeting the provisions of:
a) Scheme Director of AMSS;
B) The regulations of this law;
C) Regulations and Codes relating to the parcelling, urbanization and construction are issued nationwide.
d) Municipal agreements locally enacted to
preservation and conservation of the environment.
Art. 47. The Ministry of Public Works through the Department of Housing and Urban Development, or his substitute, the Ministry of Labour and Social Welfare, the Ministry of Public Health and Social Welfare, the Ministry of Economy and the institutions responsible for provide public services, must establish general requirements and technical standards to be met by subdivisions and buildings in their specific areas.
It is the OPAMSS, the application of these rules in the review, approval and acceptance of works level.
Art. 48.-The institutions mentioned in the previous article when deemed necessary may corroborate the correct application of the requirements and technical standards right through the mechanisms it deems appropriate. CHAPTER II DESIGN AND WORKS Parcelaciones development and construction
Art. 49.-Any public or private site to be built in the AMSS should be planned by qualified professionals to each area of ​​design. Except works by its magnitude or location responsibility may be assumed by only professional and those works whose responsibility can be
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asumidad by builders or designers recognized technical capacity.
The exceptions thus established shall not contravene the provisions of the second paragraph of Art. 8 of the Law of Urban Planning and Construction.
Art. 50.-All Project Parcelación to perform must contain two basic areas of design: A suprastructure Urban and Urban Infrastructure latter are subdivided into civil, electrical and hydraulic design. The regulations of this law shall indicate the special cases that require a different number of design areas.
Art. 51.-All building project to implement, must contain four areas of design: architectural, structural, electrical and hydraulic. The regulations of this law shall establish the special cases that require a different number, which should include mechanical design and industrial design.
Art. 52.- design areas mentioned in the previous articles, as well as the competence of their professional responsibility will be defined in the regulations of this law.
Art. 53.- Professionals referred to in Art. 49, assume technical responsibility in the area of ​​design competence without prior approval of plans and reports, according to the provisions of the regulations of this law. CHAPTER III EXECUTION OF WORKS OF URBANIZATION AND CONSTRUCTION
Art. 54.-All development works or construction carried out in the AMSS must be carried out under the responsibility of an ideal, natural or legal person, previously registered with the competent national register.

Art. 55.-Any owner who want to run a work of development or construction in the AMSS must ensure put in charge of it, best to manage, monitor and control their execution, who must provide proof of full compliance with the technical provisions persons contained in the plans and project reports, as well as good quality of the works and the materials used in it.
Art. 56.-Any manufacturer of building materials or importer thereof, shall be obliged to check and certify to the OPAMSS that their materials comply with the specifications offered, through laboratory tests conducted by a company dedicated to the geotechnical and duly registered engineering materials. When there is a specialized quality control of any of the materials laboratory, the certificate shall be issued by the manufacturer.
Art. 57.-The companies engaged in geotechnical engineering and construction materials, must register with the Ministry of Public Works, who shall extend the corresponding record.

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CHAPTER IV PROCEDURES
Art. 58.-All parceling or construction project to be developed in the AMSS, must adhere to the procedures in this Act and its Regulations.
Art. 59.-The planning of development works or construction, the organization of land use and road system of any proposed subdivision or urban complex in the AMSS, require prior information of the Master Plan or procedures and approval OPAMSS, after consultation with the City Council.
Art. 60.-The execution of the development works or construction to be performed in the AMSS, require the permission issued by the OPAMSS, which must be granted without further ado that the complete presentation of the documentation required by regulation.
Art. 61.-No government institution may authorize the operation of factories, gas stations, universities, schools, hospitals, clinics, restaurants, cafeterias, bars, canteens, housing and generally all activities that generate or may generate conflicts with neighboring uses such such as noise, waste, congestion and others without qualification granted by the OPAMSS place, plot or building that will house its facilities. Such qualification place shall indicate the permitted activities and facilities required for its operation and the precautions to take to avoid disturbing the neighbors.
Art. 62.- Any owner of a new building, public or private, that wish to enable with domiciliary public services, must apply to the respective municipality, prior to connecting them proof that you filed its application for cadastral registration or location property. No public service institution may authorize connection services to buildings or new parcels that have no previous record.
Art. 63.-Every owner of a building, public or private, must ask the OPAMSS qualification place as a prerequisite to change its original use.
The OPAMSS may only refuse the change of use of the property, in case objectively verify that such activity generates conflict in the neighborhood or to endanger the safety of the building or its users.
Art. 64.-All Parcelación Habitacional, must have a plot aimed at green area equivalent to 10% of the urbanized area useful and should be transferred to the municipality in which you can distinguish two types of green area.
A in recreational function which must be fully equipped in accordance with the prescribed provisions and in no case be less than 50% of the total green area and another in Ecological Function, which must be preserved and improved vegetation existing, the latter may be located in difficult terrain or in urban construction elements in addition to those required by the rules of the roads gardening.
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LEGISLATIVE INDEX Art. 65.-In residential condominiums, green area should be provided in accordance with the regulations of this Law and be incorporated as a communal area in the condominium regime. The co-owners are responsible for their upkeep and maintenance.
Art. 66.-All Parcelación Habitacional, must have a plot for social facilities equivalent to 8 m2 per dwelling in residential subdivisions and 6.4 m2 per lot in popular or social interest, which will be transferred to the municipality subdivisions.

The land gifted social equipment, they are used only for activities whose purpose is the promotion of human community, such as education, culture, social improvement, health and others.
Art. 67. Any owner-fractionation or parceling of land must design and build smaller circulation routes that give access to the parcels, in compliance with regulations.
Art. 68.-The properties earmarked for green, social facilities and circulation as a matter of public roads must be transferred to the respective municipality, in the manner established in the regulations of this law, and not be used for any purpose other than whatever it led to the transfer, or alienated or encumbered for any reason.
Art. 69.-Any owner of land parcel or want to build it, shall respect the alignments identified by the Metropolitan Development Plan and Zoning of AMSS, for the construction of roads greater or lesser circulation.
Art. 70.-parking areas in commercial or institutional buildings must have a minimum number of vehicle spaces. This capacity is determined based on the intended use on the premises and the location of the lot in areas of higher or lower demand for parking according to the provisions of the Regulations of this Law.
When individually is not possible to provide a building parking, parking collective solution may be established before the OPAMSS checked previously.
Art. 71.-The financial, government or private entities that finance subdivisions located in the AMSS, shall require the owners or the Constancia project Reception of Works by OPAMSS extended, and the requirements established by the Regulations for been filled proceed with the transfer of lots for green area and social facilities or transfer them to the respective municipality, prior to the formalization of items related to the loan for the purchase of lots parceled requirement. CHAPTER V LIABILITY
Art. 72.-Any natural or legal person involved in planning in the areas of design established in this law, in the implementation or supervision of works control of the materials used in them, will be responsible for failures in buildings, from negligence or deficiency in their work; this manifest in the appropriate documents such as drawings, technical construction specifications, reports, logbooks and others, which will respond to the
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authorities.
Art. 73. Any person who alters the conditions of soil, buildings or change the use thereof for which they were designed, without authorization from the OPAMSS, free from any liability to the persons mentioned in the previous article, and will be the owner who respond to the competent authority for damages caused to third parties, without prejudice to the sanctions imposed by other laws.
Also the owner liable for damages to third parties when the work is performed without the right people for management and supervision.
Art. 74.-The Municipal Councils of the municipalities of the AMSS, will be responsible for the custody and maintenance of green areas and social facilities, which may not otherwise use them, rather than those that this Act or the Plan Metropolitan Development and Land Management of the Municipal Code AMSS or established.
No government or municipal authority may use or authorize the use of ecological protection zones, protection zones of rivers, streams and other natural accidents, easements and rights of way for different purposes for which they were intended. CHAPTER VI OF VIOLATIONS, SANCTIONS AND REMEDIES
Art. 75.-Any violation of this law and its regulations, and breach of certain technical standards in the drawings and documents, codes and regulations relating to the development and construction, resolutions and parceling or construction permits are subject to sanction under the provisions of this Act and Regulations.
Art. 76.-The sanctions mentioned above are as follows:
a) Suspension of the work;
B) Economic Sanction;
C) Suspension of public services;
D) Demolition of the disputed work;
E) Closing of the building.
Art. 77.-The suspension of construction works or parceling ordered, when incurred in any of the following situations:

A) Misrepresentation in the information contained in the permit applications;
B) Absence in the works, without just cause, binnacle or omitted in the same data necessary to the regulations of this law establishes;
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c) Running a work or parceling without authorization;
d) Running a work approved in modified road review and zoning, without
such modifications have been previously authorized;
E) Running a work without Director;
F) execute, without proper precautions, works that endanger the life or property of persons;
g) Failure to comply with provisions on environmental protection.
Art. 78.-The application of economic sanctions applicable when the builder or owner
creditor is made to a second or third notification on the same transgression regarding the suspension of the work.
Art. 79. The implementation of the financial penalty on the builder, in the case of the second notification for the same transgression would be 50% of the appraised value of the contested part of work; in the case of the third notification will be 100% of the appraised value. If the builder re-offend in that type of offense the case be transferred to the National Register of Architects, Engineers, Designers and Builders, to proceed to the application of the corresponding sanction.
The transgressions to the provisions aimed at preserving the environment shall be punished by a fine equivalent to 50% of the value of the affected land.
The amount of such economic sanctions will enter the municipality funds the jurisdiction of the sanctioned work.
Art. 80.-There shall be the suspension of public services works when the offender does not comply with the third order of suspension in the period specified in the notification
Art. 81.- demolition of construction or development will be ordered when incurred in any of the following situations.
A) have executed a work or part of it without meeting the minimum requirements set out in the regulations of this Law and other related regulations;
b) When a work by poor construction or location, threatens the health or put in
endanger the life or property of persons;
C) Where suspended or closed works can not be required to conform to the minimum requirements established in the regulations of this Law amendments;
d) the work located outside the construction line or within the area or within
mandatory public roads retirement;
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e) When the destination of the work has been considered prohibited use in qualifying
place in the general plan or zoning matrix AMSS according to land use;
Art. 82.-There shall be demolished by the municipality to account owner or builder
as appropriate, when it has not complied demolition orders in the period specified in the notice.
Art. 83.- The fines imposed shall be paid within fifteen days following
notification of the resolution to be imposed, unless a remedy is being sought; in which case the payment obligation shall within five working days after the final determination; certification of the decision imposing the respective fines enforceable. Outside these limits, the fine will cause interest of 2% per month.
Art. 84. From any breach or violation in a work, the OPAMSS must inform the Mayor or delegated official of the locality where the offense was committed for the purposes set forth in Article 88 of this Law.
All of a builder recidivism shall be notified to the National Register of Architects, Engineers and Constructors Designers, to be appropriate to the implementation of appropriate sanction.
Art. 85.- The change of land use, without permission, will result in the application of sanctions in accordance with the following procedure:

first notification deadline transgression and shall indicate which must legalize their status .
Second notification.
The term indicated in will proceed to the suspension of public services not addressed the first and second notification, financial penalty of 10% of the property value applies.
THIRD NOTIFICATION
Suspension of public services and closure of the building.
Art. 86.- The application to the financial penalty on the owner of the allotment in the case of

The second notification by the transgression consist of a cash fine equivalent to 5% of the property value according to the same survey conducted in the third notification if the fine is 10% of the property value and closure of the final allotment.
Art. 87. In any decision or technical agreement to take the OPAMSS, according to this law and its regulations, and deemed unfavorable to the party concerned, it may request the revision OPAMSS explanatory memorandum. In case of a negative decision, you may appeal to the respective City Council, within fifteen working days after notified the resolution. By virtue of the City Council
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request information and evidence relevant to the OPAMSS, and resolved in a period not exceeding thirty days, after hearing the person concerned.
Art. 88.-The competent authority to sanction, after the corresponding administrative trial will be the Mayor or Chief Officer of the locality where the offense was committed as established by the Municipal Code in art.
131. When the Mayor or delegated official notification has knowledge by OPAMSS, a person, natural or legal, has committed infringement of this law within its municipal area, to initiate the procedure, and ask the OPAMSS tests deemed necessary.
From the evidence obtained legally shall notify the offender to appear in the forties eight hours after notification. If an appearance in absentia will open it approves for eight days past the term and decide within the next two days.
Sentencing authority to acquire convinced by any of the means established by law.
The certification of the resolution imposing a fine shall be enforceable.
Art. 89.- The resolutions of the Mayor or official delegate, appeal shall be allowed before the Council within three of notification.
Interposed the appeal, the Mayor shall report to the Council at its next meeting which will appoint some of its members or any official to lead the review proceedings and return it promptly to resolve.
Admitted the appeal by the Council will be notified and will open to the appellant to trial within four days.
After the end of testing the substantiation custom return the dossier to the Council to resolve.
Art. 90.- The fines provided for in this law, from entering the municipality where the offense was committed.
Art. 91. In matters not provided in this law, will apply the law of Urbanism and Construction or that its stead and regulations.
CHAPTER VII TRANSITIONAL PROVISIONS
Art. 92.-While the institutions mentioned in art.47 of this law, not comply with what it provides, the OPAMSS will have enough authority to grant permits and certificates corresponding receiving under requirements and standards proposed by this office and approved by the COAMSS.
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LEGISLATIVE INDEX Art. 93. The Metropolitan Development Plan and Land Use AMSS, established the art. 16 of this law shall be enacted within not more than one year, counted from the effective date thereof.
While the Metropolitan Development Plan and Zoning of AMSS, noted in the preceding paragraph is not approved, the current Development Plan Metropolitan Area of ​​San Salvador, known as METROPLAN 2000.
Art will apply. 94. The provisions of this law by its special character, prevail over any other than runs counter.
Art. 95.- This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the eighth day of December in 1993. PRESIDENT ROBERTO LUIS ANGULO SAMAYOA
CIRO RUBEN PEÑA IGNACIO CRUZ ZAMORA ZEPEDA RIVAS VICE VICE VICE PRESIDENT Gloria Salguero Gross MERCEDES
SOMOZA RAUL ALFARO MANUEL ESCOBAR SILVIA GUADALUPE BARRIENTOS MACHUCA SECRETARY SECRETARY RAFAEL JOSE FIGUEROA FIGUEROA MARIO RENE Zelaya SECRETARY SECRETARY SECRETARY REYNALDO QUNTANILLA PRADO

PRESIDENTIAL HOUSE: San Salvador, on the twentieth day of December in 1993. PUBLISHED, ALFREDO FELIX CRISTIANI BURKARD, President of the Republic. MIRNA LIEVANO OF MARQUES, Minister of Planning and Coordination of Economic and Social Development.
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CASTANEDA JOSE RAUL VILLACORTA, Minister of Public Works. OJ No. 18 TOMO No. 322 DATE: January 26, 1994 REFORMS: (1) DL No. 737, 21 June 1996;
OJ No. 139, T. 332, 25 July 1996. (2) DL No. 855, 23 APRIL 2009
OJ No. 88, T. 383, 15 May 2009. NGLC CGC 08 / 06/09

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