Parliament Act no. 16 of 17 November 2010 on land development, public sewers and public roads

Modified repeals, hovedlov replaces information


Chapter 1.

Purpose and scope


§ 1. The Parliament Act applies to land development of undeveloped and built-up areas and provides for the payment of contributions to the development are administered by municipalities.

§ 2. The construction and operation of public sewers and public roads and paths covered by the provisions of the Greenland Parliament Act.


Chapter 2.

Definitions


§ 3. The land development of an area understood in this Parliament Act that area by some physical tampering with and on the terrain, such as sewers and roads, made suitable for housing or other purposes in accordance with a municipal plan.
Subsection. 2. utilities mean utilities for electricity, water and heating.

§ 4. In the open sewers meant closed electrical lines serve for wastewater discharge to the sea, and administered by the municipality.
Subsection. 2. wastewater understood in this Parliament Act all water that is derived from residential, business and other buildings.
Subsection. 3. Sewer divided into mains and service pipes according to the following definitions:
1) A main line serving two or more buildings when each of the buildings belonging to each independent operating unit, or when two or more buildings belonging to the same operating unit, but not belongs to the same complex technical device.
2) A spur line serving one building belonging to one single unit, or several buildings, those belonging to the same operating unit and belongs to the same complex technical device.

§ 5. On public roads mean roads and squares, which are open to general traffic, and administered by the municipality.
Subsection. 2. In open paths mean traffic areas, primarily reserved for regular walking and cycling traffic and administered by the municipality.


Chapter 3.

Authorities for sewers and roads


§ 6. The Government has the primary authority for sewers and roads.
Subsection. 2. The municipal council manages the local authority for sewers, and is responsible for the planning and execution of new public sewers and responsibility for operation and maintenance of main sewer in built-up areas within the municipal boundaries.
Subsection. 3. The municipal council manages the local authority for roads, and is responsible for the planning and execution of new public roads and paths as well as responsibility for the operation and maintenance of the roads in built-up areas within the municipal boundaries.
Subsection. 4. The Government may determine rules on the local authority referred to. Paragraphs. 2-3, including requirements for planning, operation and maintenance, depositing accounts etc.


Chapter 4.

Standards and registers for sewers and roads



Authorization


§ 7. The Government may establish rules and standards for the construction, maintenance and operation of public sewers and public roads, including requirements for design, materials, safety, standards, terms and conditions etc.



Registers


§ 8. Asiaq, Greenland Survey, manages central registers with data and maps of sewers and roads, and responsible, partly because of reports from the districts, own checks continually updating the registers.
Subsection. 2. Local authorities are required to regularly inform Asiaq on new construction, upgrading, installation and other significant alterations of both sewers as roads with a view to updating of the central registers, see paragraph. 1.
Subsection. 3. Asiaq is entitled to charge fees for the delivery of data and maps from the central registers referred to in paragraph. 1.
Subsection. 4. The Government may establish guidelines for the preparation and updating of central registers for sewers and roads.


Chapter 5.

Common provisions for land development



Implementation of land development


§ 9. Any kind of wire work that requires digging up the public road may not commence before the local council has authorized the digging work. Urgent repair work can be performed without special permission, after review of it happening soon as possible thereafter to the local council.


§ 10. The municipal council may implement land development of an area in order to vacant the land use for residential or other purposes in accordance with a municipal plan. The local council may also undertake additional land development of an area of ​​fully or partially developed sites.
Subsection. 2. For land development in accordance with paragraph. 1 local council may, by agreement with one or more utilities perform all or part of the pipe works, as normally the responsibility of the individual utilities. By wire completing the work takes the individual utilities responsible for the operation and maintenance of the respective supply lines.

§ 11. Persons, institutions or corporations with the right to use any land in an area that is not serviced land may own expense have carried out all or part of the necessary improvements made by the municipal and utilities normally establish.
Subsection. 2. Owners of the property, located in an area that is not fully unimproved, can own expense have carried out all or part of the lack of land development by the municipal and utilities normally establish.
Subsection. 3. Site development by paragraph. 1 and paragraph. 2, including the technical and financial conditions for byggemodningens implementation Prior to implementation be agreed with and approved by the local council and the building developments affected utilities. By byggemodningens completion transferred each part of site development for the affected utilities, which then takes over responsibility for operation and maintenance of main pipes etc.



Contributions


§ 12. In a municipal council may direct that persons or companies acquiring the right to use land in an undeveloped area, must pay a contribution to developing the site.
Subsection. 2. Contribution by paragraph. 1 can either be calculated by using a formula, which the local council will have to set a local authority or local council may set a standard contribution in accordance with paragraph. 4-7.
Subsection. 3. When calculating the contribution by means of a distribution, see paragraph. 2, used the key on a sum that does not exceed the total cost of developing the site, excluding the municipality's outlay on parts of the site development, which the municipality pursuant to an agreement with one or more utilities receive reimbursement and excluding the possible contribution towards the preparation of the Treasury. In total expenditure on development will be recognized only those with developing the site directly associated costs, including the costs of administration, expropriation, planning, civil engineering, supervision, etc..
Subsection. 4. For accommodation units in single-family homes, duplexes, row / chain houses and the like can be helped by paragraph. 1 set as a common standard contribution per. unit applicable in the whole municipality, or within specific cities or neighborhoods or villages.
Subsection. 5. For dwellings in apartment buildings can be helped by paragraph. 1 set as a common standard contribution per. housing applicable in the whole municipality, or within specific cities or neighborhoods or villages.
Subsection. 6. For buildings that are not covered by paragraph. 4 and 5, the contribution by paragraph. 1 set as a common standard contribution per. square meters of floor space force in the entire municipality, or within specific cities or neighborhoods or villages.
Subsection. 7. Standard Contribution by paragraph. 4-6 must be announced in a municipal plan or in a municipal statute. Standard contribution should with regard to the amount fixed, so it does not exceed the level of the contribution that the local council would set in an area with an equivalent standard for land development by a calculation in accordance with paragraph. 3, based on an average over the last 3 years of the municipality finally calculated the costs of land development of areas of a similar nature and indexed to the construction cost index.

§ 13. When the municipality impose additional land development, cf. § 10 paragraph. 2, the local council of a municipal statute, decide that for new buildings in the area, and that by connecting the existing buildings to the main sewer paid a contribution to the additional land development.
Subsection. 2. Contribution by paragraph. 1 determined in accordance with § 12 paragraph. 2-7.

§ 14. The municipal council shall determine the conditions for the payment of contributions under the provisions of §§ 12 -13, including the terms of any adjustment of the contribution for the calculation of the final costs of developing the site.

Subsection. 2. The construction of this Greenland Parliament enters into force in an area that is undeveloped before 1 January 1998 or when connecting to this Greenland Parliament entry into force of a property to the public sewer established before 1 January 1998 paid no contributions, unless an applicable municipal or area plan announced before the entry into force of Greenland Parliament otherwise provided for payment of contributions.



Accounts


§ 15. The municipal council draws up an annual account of the final costs incurred for land development.
Subsection. 2. The Government may establish guidelines for municipal land development accounts.



Expropriation


§ 16. When the public interest so requires, the municipal council may initiate expropriation for public sewers and roads.
Subsection. 2. Expropriation sewers and roads done according to the regulations on expropriation.
Subsection. 3. If it is not possible to reach agreement on a contract stipulates a compensation of expropriation committee, cf. also the rules on expropriation.



Chapter 6.

Connections to the sewer


§ 17 Public sewers are only intended for disposal of sewage. Only in exceptional cases and only after obtaining permission from the local council can be rain water, melt and drain water into the public sewers.

§ 18. Any owner whose property is placed or located within a public hovedkloaklednings hinterland, has the right to have property drainage systems connected to the main sewer line.
Subsection. 2. When connecting after paragraph. 1 is a condition that the main sewer line is in such a state that the proper functioning of the consequent increased load, and that the property drainage systems approved by the municipal council.

§ 19. Permission for the construction and conversion of sewage pipes must be obtained from the local council, which also controls the work. The local council's approval must also be obtained prior to significant changes in the types and quantities of waste water from a connected property.
Subsection. 2. The local council may upon approval of a sewer service line, one or more parts at a later date to act as the main sewer require the service line performed after the guidelines should be followed in the construction of main sewers.
Subsection. 3. A sewer service line can be connected to an existing sewer service line when the owner of the existing sewer service line is in agreement with it. Will those factors constituted a main line in accordance with paragraph. 2, take over the municipal operation and maintenance of the main pipe.

§ 20. Costs of the establishment of sewer pipes and their connection to the main sewer lines is up to the individual properties owners.
Subsection. 2. Operation and maintenance of a sewer service line responsibility of the property owner.
Subsection. 3. Will the local council aware that a kloakstiklednings state poses a risk to the public kloakledningsnets reliability, the local demand service line brought in proper condition. The local council can give a deadline for completing the work. If the deadline is not met, the municipal council may arrange the cord brought in the prescribed condition at owner's expense.


Chapter 7.

Access to public roads


§ 21. Any access to a public road both running as foot traffic from adjacent properties or areas may not be established without permission from the local council.
Subsection. 2. The construction of new roads and renovation of existing roads the local council determine to what extent permitted access to the road from the neighboring properties or land. If rebuilding the power of a property or land with rights of use, existing access to public roads, the local council will ensure other necessary road.

§ 22. It is a public road related area, including space sneoplag are prohibited without municipal permission used for permanent or temporary placement of waste, equipment, materials, sheds, cabins, motor vehicle without registration, snowmobiles, stalls, signs , loose objects, or the like.
Subsection. 2. When an unauthorized placing objects etc. referred to in paragraph. 1 fails to comply with an order to remove these, the local council is entitled to remove the placed for his bill. Is it placed at a disadvantage for traffic, the municipal council and in urgent cases, the police may, without prior notice to remove it arranged for his bill.


§ 23. On the public road area shall not without the permission of the local council making any change, including made excavation or admitted Fixings, just as there must be dug, rupture, or performed other measures so near the road space that this or road markings, slope coatings etc. damaged.


Chapter 8.

Appeals


§ 24. The municipal council's decisions on matters covered by this Parliament Act, may as regards legal issues appealed to the Government of Greenland.
Subsection. 2. Local council decisions can not otherwise be appealed to another administrative authority. Greenland Government's decisions under subsection. 1, can not be appealed to any other administrative authority.
Subsection. 3. Local council decisions may be appealed by anyone who is party to the proceedings.

§ 25. The appeal deadline is 4 weeks from the day the municipal decision was announced. For decisions on which are made public proclamation, recognized the appeal period from the proclamation.
Subsection. 2. Decisions may be appealed, must indicate the authority to which complaints can be made, and the deadline for filing the complaint.
Subsection. 3. Appeals against a decision does not suspend. Appeals Authority may decide that the appeal should have suspensive effect.

§ 26. Proceedings for the trial of decisions taken by the administration under this Parliament Act or in pursuance of the Act lays down must be brought within 6 months from the day the decision was communicated to him.


Chapter 9.

Commencement etc.


§ 27. This Parliament Act comes into force on 1 January 2011.
Subsection. 2. Simultaneously repealed:
1) "Regulations for sewage plant in Greenland cities" GTO circular no. 11019 of 3 September 1970.
2) "Regulations for sewage plant in Greenland cities" Draft of 2 February 1982 GTO circular.
Subsection. 3. Arrangements for payment and distribution of contributions to development are laid down in the applicable municipal and area plans announced before this Greenland Parliament enters into force, shall remain in force until the individual community or area level repealed, revised or replaced by a new municipal plan.
Subsection. 4. "Agreement on new tasks and burden sharing for Site development by. January 1, 1998 "signed October 15, 1997 between the Greenlandic Association of Local Authorities (KANUKOKA) and the Greenland Home Rule maintained and remain in force until repealed or amended by the parties.





Greenland, November 17, 2010




Kleist
/
Jens B. Frederiksen