Key Benefits:
ACT
of 27 March 2003
planning and planning for spatial planning
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act shall specify:
1) the principles of shaping spatial policy by the local government units and government administration bodies,
2) the scope and means of dealing with the use of land for specific purposes and the setting of rules for their development and development
-adopting a spatial order and sustainable development as a basis for these activities.
2. In the planning and planning of spatial planning, account shall be taken in particular of:
1) the requirements of spatial order, including urbanism and architecture;
2) architectural and landscape valorical values;
3) the requirements of environmental protection, including the management of water and the protection of agricultural and forest land;
4) the requirements of the protection of cultural heritage and monuments and the goods of contemporary culture;
5) the requirements of health protection and safety of people and property, as well as the needs of persons with disabilities;
6) economic values of space;
7) ownership;
(8) the need for defence and security of the State;
9) the needs of the public interest;
10) the need for the development of technical infrastructure, in particular broadband networks;
11) ensuring public participation in the work on the study of determinants and directions of spatial development of the municipality, the local spatial development plan and the spatial development plan of the voivodship, including by means of measures electronic communications;
12) preservation of the transparency and transparency of planning procedures;
13) the need to ensure adequate quantity and quality of water, for the purpose of supplying the population.
3. Establishing the purpose of the site or determining the potential use and use of the site, the authority weighs the public interest and private interests, including the applications and observations, aimed at protecting the existing state land use, as well as changes in its development, as well as economic, environmental and social analyses.
4. In the event of a situation of new construction, the consideration of the requirements of spatial order, efficient space management and the economic value of the space shall be carried out by:
1) shaping of spatial structures taking into account the aspiration to minimize the transportolarity of the spatial layout;
2. localisation of a new housing development in a way that enables residents to make maximum use of public mass transport as a basic means of transport;
3) the provision of spatial solutions facilitating the movement of pedestrians and cyclists;
4) endeavour to plan and locate a new building:
(a) in areas with a fully educated compact functional and spatial structure, within the limits of the settling unit within the meaning of Article 4 (a) of the Regulation. 2 point 1 of the Act of 29 August 2003. with official names of localities and physiographic objects (Dz. U. Entry 1612 and 2005 items 141), in particular by complementing the existing construction,
(b) in areas situated in areas other than those referred to in (a), only in the absence of sufficient land for the type of buildings concerned situated in the areas referred to in point (a); first, the areas of the highest degree prepared for the construction, thus being understood the areas characterized by the best access to the communication network and the best degree of equipment in the water supply, sewerage, electricity, gas, gas, heating and telecommunication networks and equipment, adequate for the new, planned construction.
Article 2. [ Definitions] Whenever there is a law in the law:
1) "spatial bench"-this is understood by this shaping of space, which creates a harmonious whole and takes into account in an orderly relationship all the determinants and requirements of the functional, socio-economic, environmental, cultural and compositional-aesthetic;
2) "sustainable development"-this must be understood by the development referred to in art. 3 point 50 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2017 items 519, 785 and 898);
3) "environment"-this must be understood by the environment referred to in art. 3 point 39 of the Act of 27 April 2001. -Environmental law;
4) "public interest"-this must mean the generalised goal of aspirations and actions, which take into account the objectivity of the needs of the general public or of local communities associated with spatial planning;
5) "public-purpose investment"-this is to be understood as local (municipal) and supra-local (district, provincial and national) activities, as well as national (including international and supranational investments), and metropolitan area (including metropolitan area), irrespective of the status of the entity undertaking these activities and the sources of their financing, which are to achieve the objectives referred to in Article 3 (1) of Regulation (EC) No matter. 6 of the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2016 r. items 2147 and 2260 and 2017 items 624 and 820);
6) "area of public space"-this must mean an area of particular importance to meet the needs of residents, to improve the quality of their lives and to foster social networking due to its location and characteristics functional-spatial, defined in the study of determinants and directions of spatial development of the municipality;
(6a) 'functional area' means the area of a particular area of spatial management or the occurrence of spatial conflicts, which is a compact spatial arrangement consisting of functionally related areas, characterised by common conditions and fostered by uniform development objectives;
6b) "urban functional area of the voivodship"-this should be understood by the type of functional area comprising the city which is the seat of the authorities of the provincial government or the voivodship and its immediate surroundings functionally associated with it;
7) (repealed)
8) (repealed)
9) (repealed)
10) "the good of contemporary culture"-it must be understood not to be monuments of cultural interest, such as monuments, memorial sites, buildings, their interiors and details, building teams, urban and landscape assumptions, which are recognised by the acquis. modernly living generations, if they are of high artistic or historical value;
(11) 'closed terrain' shall mean the enclosed area referred to in Article 3 (1) (a). 2 point 9 of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2016 r. items 1629 and 1948 and of 2017 items 60);
(12) "building plot" shall mean land immovable property or land plot, the size of which, the geometrical features, access to the public road and equipment in the technical infrastructure shall meet the requirements for the performance of the facilities. construction, resulting from separate regulations and acts of local law;
(13) "ground reinforcement" means the roads, construction sites, equipment and cables referred to in Article 3 (1) of Regulation (EC) No 1313-2 (1). 143 (1) 2 of the Act of 21 August 1997. the real estate economy;
14. "access to a public road" shall mean direct access to that road, or access to it by means of an internal road, or by the establishment of an appropriate road service;
15. "standards" shall mean the collection and scope of the requirements for the design and planning documents and the rules for the use of spatial planning parameters;
16. "parameters and urban indicators" shall mean the parameters and indicators laid down in the planning documents, in accordance with the provisions laid down in Article 3 (1) (b) of Regulation (EC) No 164Directive (2). 10 para. 4, art. 16 ust. 2 and Art. 40;
(16a) "advertising" shall mean the dissemination in any visual form of information to promote persons, undertakings, goods, services, ventures or social movements;
16b) "advertising board"-must be understood by the material object for or used to exposition the advertisement, together with its design elements and fittings, with a flat surface serving advertising, in particular the banner advertising, advertising on the windows of buildings and advertisements placed on the scaffolding, fencing or furnishing of a construction site, excluding minor items of everyday use used in accordance with their intended purpose;
16c) 'advertising device'-shall be understood by the material object intended or used for the exposure of advertising, together with its design elements and fittings, other than an advertising board, except for minor items of everyday life the uses used for their intended purpose;
16d) "rail" shall mean an advertising board or advertising device which informs about the activity carried out on the property on which the advertising board or advertising device is located;
16e) "landscape"-this must be understood by the human perception of space, which contains elements of natural or natural elements of civilization, which is formed as a result of natural factors or human activities;
16f) "priority landscape"-this must be understood by the landscape particularly valuable to the public on account of its natural, cultural, historical, architectural, urbanistic, ruralist or aesthetic-visible values, and as a Such requiring the preservation or determination of the principles and conditions of its shaping;
17. "economic values of space"-this must be understood by these characteristics of space, which can be defined in economic terms;
18) "property values"-this should be understood by the market value of the property;
(19) "sales area" shall mean that part of the public area of the commercial object as a whole of the technical-utility, intended for retail sale, in which the direct sale of the goods takes place (without including the services and catering areas and the auxiliary surface, which includes the areas of warehouses, offices, communication, exhibition exposition, etc.).
Article 3. [ Shaping and conducting spatial policy] 1. Shaping and conducting spatial policy on the territory of the municipality, including the establishment of a study of determinants and directions of spatial development of the municipality and local spatial development plans, with the exception of marine internal waters, the territorial sea and the exclusive economic zone and closed areas belong to the municipality's own tasks.
2. Driving, within the limits of its property, analyses and studies of spatial development, relating to the area of the district and the issues of its development, belongs to the tasks of the district self-government.
2a. The shaping and conducting of spatial policy in the area of the metropolitan area (metropolitan area) belongs to the tasks of the metropolitan relationship, if it was created.
3. The shaping and conducting of spatial policy in the voivodship, including the enactment of the spatial development plan of the voivodship, belongs to the tasks of the voivodeship self-government.
4. The shaping and conducting of the spatial policy of the state, expressed in the concept of spatial development of the country, belongs to the tasks of the Cabinet of Ministers.
Article 4. [ Local zoning plan] 1. The determination of the purpose of the site, the distribution of the investment of the public purpose and the determination of the ways of zoning and the conditions for the construction of the site shall take place in the local spatial
(1a) As regards the areas of the marine internal waters, the territorial sea and the exclusive economic zone, the distribution of the land, the distribution of the public target and the way in which the land is managed and the conditions for the construction of the site are determined on the basis the provisions of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration (Dz. U. of 2016 r. items 2145 and of 2017 items 32, 60, and 785).
2. In the absence of a local spatial development plan, the determination of the arrangement and conditions for the construction of the site shall be carried out by means of a decision on the conditions for the construction and development of the site, with:
1. the location of the investment of the public objective shall be determined by means of a decision on the location of the public's
2. the development of the site and the conditions of construction for other investments shall be determined by means of a decision on the conditions of construction.
3. In relation to closed areas in the local spatial development plan only the borders of these areas and the limits of their protection zones shall be established. Restrictions on the use and use of land, including a ban on construction, shall be established in the protection zones.
4. The provisions of the paragraph. 3 shall not apply to closed areas determined by the Minister responsible for transport.
Article 5. [ Planning plans for spatial planning] Projects of spatial development plans of the voivodship, the study of determinants and directions of spatial development of the municipality and the local spatial development plan draw up persons who meet one of the following conditions:
1) have acquired the power to design in spatial planning on the basis of the Act of 12 July 1984. o Spatial planning (Dz. U. 1989 r. items 99, 178 and 192, 1990. items 198 and 505 and 1993. items 212);
2) have acquired urbanistic powers on the basis of art. 51 of the Act of 7 July 1994. o Spatial planning (Dz. U. of 1999 items 139, of late. zm.);
3) possess qualifications to perform the urbanist profession on the territory of the Republic of Poland obtained on the basis of the Act of 15 December 2000 r. about the local authorities of architects, construction engineers and urban planners [ 1] (Dz. U. of 2013 r. items 932 and 1650);
4) hold a diploma of higher education in the field of architecture, urban planning or spatial economy;
5) hold a higher education diploma in the field other than those referred to in point 4 and have completed postgraduate studies in spatial planning, urban planning or spatial management;
6) are citizens of the Member States of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area who have acquired the professional qualifications to the design of land use and zoning on a local and regional scale, corresponding to the requirements set out in point 4 or 5.
Article 6. [ Findings of the local zoning plan] 1. The arrangement of the local spatial development plan shall shape, together with other provisions, the manner of exercising the ownership of the property.
2. Everyone shall have the right, within the limits set by the Act, to:
(1) the management of the land to which it has a legal title, in accordance with the conditions laid down in the local zoning plan or the decision on the conditions for the construction and development of the land, if this does not affect the protected right of interest public and third parties;
2) protect one's own legal interest in the development of sites belonging to other persons or organizational units.
Article 7. [ Inconsideration of applications] Resolutions of the Mayor, Mayor, Mayor of the City, or the Marshal of the Voivodeship, not taking into account the conclusions of the municipal planning and direction study of the municipality, comments on the project of this study, conclusions concerning the local spatial development plan, the comments on the draft of the plan or the proposals for the regional development plan-are not subject to appeal to the administrative court.
Article 8. [ Advisory bodies in planning and zoning matters] 1. The advisory body of the Minister responsible for the construction, planning and development of spatial planning and housing in the area of spatial planning and planning is the Main Urbanistic and Architectural Commission.
2. The Minister responsible for the construction, planning and development of spatial planning and housing shall appoint and dismiss the President and the members of the committee referred to in paragraph 1. 1, and shall determine, by way of ordinance, the rules of procedure governing the organisation and modus of its operation.
3. Marshal of the voivodship, mayor, mayor or president of the city shall be appointed, subject to the paragraph. 4 and 5, respectively a voivodship or municipal urban planning commission, as an advisory body, and shall establish, by means of the Rules of Procedure, its organisation and mode of operation.
4. Wójt, mayor or president of the city may entrust the municipal urbanistic and architectural commission set up in another municipality with the function of an advisory body, under an agreement concluded with the relevant mayor, mayor or president of the city.
5. The district urbanistic and architectural committees may be appointed as advisory bodies of the state of the counties and, on the basis of the relevant agreements, the mayor, the mayor of the communes or the presidents of the cities which are part of these counties. the counties which have not appointed municipal committees or have not entrusted the functions of performing an advisory body to a commission appointed in another municipality, in accordance with the procedure laid down in paragraph 1, have not been established by the municipal authorities. 4.
6. The advisory body referred to in paragraph 1, consists of persons with education and technical preparation related directly to theory and practice of spatial planning.
Chapter 2
Spatial planning in the municipality
Article 9. [ Study of determinants and directions of spatial development of the municipality] 1. In order to define the spatial policy of the municipality, including local land development rules, the municipal council shall adopt a resolution on accession to the preparation of the study of determinants and directions of the spatial development of the municipality, hereinafter referred to as "Study".
2. Wójt, mayor or president of the city shall draw up a study containing a textual and graphic part, taking into account the principles set out in the concept of spatial development of the country, the establishment of the development strategy and the zoning plan voivodship, the framework study of the determinants and directions of spatial development of the metropolitan area and the development strategy of the municipality, as long as the municipality has such an elaborate.
3. The study shall be drawn up for the area within the administrative boundaries of the municipality.
3a. The change of study for a part of the area of the municipality requires that, both in the text and graphic parts of the study, changes in relation to all contents, which as a result of the change, cease to be current, in particular changes in the scope of specified in art. 10 para. 1.
4. The findings of the study are binding on the municipal authorities when drawing up local plans.
5. The study is not an act of local law.
Article 10. [ Considerations to be included in the study] 1. The study shall take into account the conditions resulting from, in particular, the following:
1) the previous destination, zoning and land armament;
2) the state of the spatial order and the requirements of its protection;
3) the state of the environment, including the agricultural state and forest production space, the size and quality of water resources, and the requirements of environmental, nature and landscape protection, including the cultural landscape;
4) the state of cultural heritage and monuments and the treasures of contemporary culture;
(4a) the recommendations and conclusions of the landscape audit or the definition by the national audit of the frontiers of the priority landscapes;
5) the conditions and quality of life of the inhabitants, including the protection of their health;
6) the threat of security of the population and its property;
7) the needs and possibilities of the development of the municipality, taking into account in particular:
(a) economic, environmental and social analyses,
(b) demographic forecasts, including taking into account, where justified, migrations within the urban functional areas of the voivodship centre,
(c) the possibility for the municipality to finance the communication network and the technical infrastructure, as well as the social infrastructure for the implementation of the municipality's own tasks,
(d) the balance sheet of land intended for construction;
8) the legal status of the land;
9) the presence of objects and protected areas on the basis of separate regulations;
10) the occurrence of areas of natural geological hazards;
11) the presence of documented deposits of copalines, groundwater resources and documented complexes of underground storage of carbon dioxide;
12) the presence of mining sites designated by the separate regulations;
13) state of communication and technical infrastructure systems, including the degree of collation of water and wastewater management, energy and waste management;
14) tasks for the implementation of supranational public objectives;
15) requirements for flood protection.
2. In the study, it shall be specified in particular:
(1) taking into account the balance sheet of the land intended for the construction referred to in paragraph 1 (1). 1 point 7 lit. d:
(a) the directions of changes in the spatial structure of the municipality and the purpose of the land, including the resulting landscape audit,
(b) the directions and indicators relating to the use and use of land, including land for buildings and areas excluded from construction;
2) (repealed)
3) the areas and principles of protection of the environment and its resources, nature conservation, landscape, including cultural landscapes and health resorts;
4) the areas and principles of protection of cultural heritage and monuments and the goods of contemporary culture;
5) directions of development of communication systems and technical infrastructure;
6) the areas on which the investments will be made public in the local interest;
7) the areas on which the investments will be distributed to the public objective of supra-local importance, as determined by the spatial development plan of the voivodship and the findings of the programmes referred to in art. 48 (1) 1;
8) the areas for which it is mandatory to draw up a local zoning plan on the basis of separate regulations, including the areas requiring the execution of merges and the division of real estate, as well as areas of public space;
9) the areas for which the municipality intends to draw up a local spatial development plan, including areas requiring conversion of agricultural and forestry land to non-agricultural and non-agricultural purposes;
10) the directions and principles of agricultural development and forest production space;
11) areas of special flood risk and areas of the landslides of the earth masses;
12) facilities or areas for which a protective pillar is designated in the field of the mine;
13) the areas of the monument to the extermination and their protection zones and their binding restrictions on doing business, in accordance with the provisions of the Act of 7 May 1999. on the protection of sites of former Nazi death camps (Dz. U. of 2015 items 2120);
14) areas requiring transformations, rehabilitation, remediation or remediation;
14a) degraded areas;
15) the boundaries of closed areas and their protection zones;
16) functional areas of local importance, depending on the conditions and needs of the development of the municipality.
2a. If the area of the municipality is envisaged to demarcate the areas where the equipment generating energy from renewable energy sources with a power exceeding 100 kW will be deployed, as well as their protective zones related to the restrictions in the construction and use of the site; the study shall determine the location of the site.
3. The obligation of accession to draw up a local zoning plan in the case referred to in paragraph. Article 2 (8) shall be created three months after the date of the establishment of this obligation.
3a. If the location of commercial premises with a sales area of more than 2000 m is foreseen in the municipality 2 , the study defines the areas where they can be situated.
3b. Localization of the objects referred to in paragraph. 3a may take place only on the basis of a local zoning plan.
4. The Minister for Construction, Planning and Development of Spatial Planning and Housing will determine, by means of a regulation, the required scope of the study project in the textual and graphic parts, taking into account, in particular, the requirements for planning materials, the scale of cartographic works, the used designations, the naming, standards and the manner of documenting the planning work.
5. In the balance sheet of the land under construction, successively:
1) formulates, on the basis of economic, environmental, social, demographic forecasts and the financial possibilities of the municipality referred to in paragraph 1. 1 point 7 lit. a-c, the maximum on the scale of the municipality the demand for the new construction, expressed in terms of the usable area of the construction, broken down by the functions of the construction;
2) the lymph lymph is estimated, located on the territory of the commune, areas with a fully educated compact functional and spatial structure within the boundaries of the settlement unit within the meaning of art. 2 point 1 of the Act of 29 August 2003. with official names of localities and physiographic objects, understood as the possibility of localizing in these areas of new construction, expressed in the usable area of the building, broken down by the functions of the construction;
3) the absorption is estimated, situated in the area of the municipality, areas intended for the local plans for the construction, other than those mentioned in point 2, understood as the possibility of locating new buildings in these areas, expressed in the usable area the construction, broken down by the building function;
4. the maximum communes of the demand for the new construction referred to in point 1 and the sum of the usable area of the building, broken down by the construction functions referred to in points 2 and 3, and, where the maximum in the municipality's scale, is compared to the new construction. the demand for the new construction referred to in point 1:
(a) does not exceed the sum of the usable area of the building, broken down by construction function, the location of the new construction outside the areas referred to in points (2) and (3) is not expected,
(b) exceeds the sum of the usable area of the building, broken down by construction function-the balance of the land under construction is supplemented by the difference of these sizes in the usable area of the building, broken down by construction function, and the location is expected to be located the new construction outside the areas referred to in points (2) and (3), up to a maximum of the amount resulting from the completed balance sheet;
5. the following shall be defined:
(a) the possibility of communal financing of communications networks and of technical and social infrastructure for the implementation of the municipalities ' own tasks,
(b) the investment needs of the municipality resulting from the need to carry out its own tasks, relating to the location of the new construction in the areas referred to in points 2 and 3, and in the case referred to in point 4 (a) outside those areas;
6. where the investment needs referred to in point 5 (b) exceed the financing possibilities referred to in point 5 (a), changes shall be made to adjust the need for the new construction to be financed by the municipality. the implementation of the communication network and the technical and social infrastructure.
6. The actions referred to in paragraph. 5, may require a repetition, on the basis of analysis of the variants or the implementation of the iterative process, and a repetition of all or part of them, also in combination with other activities carried out in the framework of the work on the study project.
7. In determining the need for the new construction referred to in paragraph. The following shall be taken into account in point 1 of point 1:
1) a perspective not longer than 30 years;
2) the uncertainty of development processes expressing the possibility of increasing the demand in relation to the analytical results no more than 30%.
Article 11. [ Adoption of a resolution of accession for the preparation of the study] Mayor, mayor or president of the city, following the decision of the municipal council to join the study of the study, successively:
1) announces in the local press and by the notice, and in a manner customarily adopted in a given locality, about the decision to join the study, specifying the form, place and time limit for the submission of applications for the study, no less than 21 days from the date of the announcement;
2. inform in writing the decision to join the study of the institutions and bodies responsible for the reconciliation and opinion of the study;
3) (repealed)
4) draw up the draft study examining the conclusions referred to in point 1, taking into account the findings of the spatial development plan of the voivodship and the framework study of determinants and directions of zoning of the spatial association of the metropolitan area; in the absence of a regional development plan or a non-introduction to the spatial development plan of the voivodship of government tasks, shall take into account the findings of the programmes referred to in art. 48 (1) 1;
5) obtain from the municipal or other appropriate, within the meaning of art. 8, the urbanistic commission's opinion on the study project;
6) request the agreement of the project of the study with the management of the voivodship in terms of its compliance with the findings of the spatial development plan of the voivodship, with the management of the metropolitan relationship in terms of its compatibility with the framework study of the determinants and Directions for spatial planning of the metropolitan area and with the water in the field of its compliance with the arrangements of the programmes referred to in Article 48 (1) 1, and there is an opinion on the solutions adopted in the study project to:
(a) the district starost,
(b) neighboring municipalities,
c) the appropriate provincial monument conservator,
(d) competent military authorities, border protection and the security of the State,
(e) the director of the competent maritime office for the management of the technical belt, the protection belt and the sea ports and the harbour,
(f) the competent authority of the mining area for the development of mining areas,
g) the competent authority of the geological administration,
(h) the Minister for Health in the area of health care areas,
(i) the Director of the Regional Management Board for the development of areas of special risk of flooding,
(j) Regional Director of Environmental Protection,
(k) (repealed)
(l) the competent authority of the State Fire Service and the provincial environmental protection officer in the field of:
-the location of new plants with increased or high risk of major accidents,
-the amendments referred to in Article 250 par. 5 and 7 of the Act of 27 April 2001. -Environmental law, in existing plants with increased or high risk of major accidents,
-new investments and the deployment of areas of public space and housing in the vicinity of establishments with increased or high risk of major accidents, where those investments, areas or areas increase the risk or consequences of major accidents,
(m) the competent state provincial health inspector;
7) (repealed)
8) (repealed)
9) make changes resulting from the opinions obtained and the arrangements made;
10) announces in the manner set out in point 1, about the presentation of the study project to the public inspection for a period of at least 7 days before the day of the publication and lectures this project to the public inspection and publishes on the websites of the municipal office for the period of what a minimum of 21 days and shall organise a public discussion at that time over the solutions adopted in this project;
11) designate in the notice referred to in point 10, the time limit within which legal and physical persons and organisational units without legal personality may make comments on the study project, not less than 21 days from the end of the period the tapping of the study;
12) presents the Municipal Council for the adoption of the study project together with a list of the unaccounted for the comments referred to in point 11.
Article 12. [ Adoption of the study] 1. The study is passed by the municipal council, at the same time resolving the manner of consideration of the comments referred to in art. 11 point 12. The text and drawing of the study and the resolution on the way in which comments are considered are the annexes to the resolution of the decision to pass the study.
2. Wójt, the mayor or president of the city shall present the voyeetic resolution of the resolution of the study together with the annexes referred to in paragraph. 1, and the documentation of planning works to assess their compliance with legal regulations.
3. If the municipal council did not pass a study, it did not accede to it or, when it passed the study, it did not define the areas for the distribution of public-to-national, voivodship and metropolitan-related public-target investments, included in the plan land use of the voivodship, in the programmes referred to in art. 48 (1) 1 or in the framework study of the determinants and directions of spatial planning of the metropolitan relationship, the wojewoda, after taking steps to agree on the timing of the implementation of these investments and the conditions for introducing these investments into the study, calls on the municipal council to adopt a study or to amend it within the prescribed period. After the expiry of that time limit, the water shall be drawn up either by the local spatial development plan or by a change in the area concerned by the municipality, to the extent necessary for the investment to be carried out by the public objective, and issue a replacement ordinance on this matter. The plan adopted in this mode calls for legal effects such as the local spatial development plan.
4. In the case referred to in paragraph. (3) The costs of drawing up the plan shall be borne by the municipality to which the replacement is managed.
Article 13. [ Study costs] 1. The costs of drawing up the study shall be borne by the municipal budget.
2. The costs of drawing up or altering the study resulting from the deployment of an investment of a public objective of supra-local or metropolitan importance shall be borne by the state budget, voivodship budget, metropolitan budget or the district budget respectively.
Article 14. [ Local plan] 1. In order to determine the destination of the land, including for the purpose of public purpose investment, and to determine the ways of their development and the construction of the municipal council, the municipal council shall adopt a resolution on the accession to the local spatial development plan, hereinafter referred to as 'the local plan', subject to the paragraph. 6.
2. An integral part of the resolution referred to in paragraph 2. 1, is a graphic attachment showing the boundaries of the area covered by the plan design.
3. The local plan, which will result in a change in the use of agricultural and forestry land for non-agricultural and non-agricultural purposes, shall be drawn up for the whole area designated in the study.
4. The glory referred to in the mouth. 1, the municipal council is taking on its own initiative or at the request of the mayor, mayor or president of the city.
5. Prior to the adoption of the resolution referred to in paragraph 1. 1, the mayor, the mayor, or the president of the city, performs analyses concerning the appropriateness of accession to draw up the plan and degree of compatibility of the envisaged solutions with the findings of the study, prepares the geodetic materials to develop the plan and sets out the necessary scope of planning works.
6. The local plan shall not be drawn up for closed areas, excluding closed areas determined by the Minister responsible for transport.
(7) The local plan shall be drawn up in a compulsory way if the provisions so require.
8. The local plan is an act of local law.
Article 15. [ Local plan design] 1. The mayor, mayor or president of the city shall draw up a draft local plan, containing a textual and graphic part, in accordance with the records of the study and with the provisions separate, referring to the area covered by the plan, together with the justification. The explanatory memorandum sets out in particular:
1) how to implement the requirements resulting from the art. 1 (1) 2-4;
2) compliance with the results of the analysis referred to in art. 32 par. 1, together with the date of the resolution of the municipal council referred to in art. 32 par. 2;
3) the impact on public finances, including the municipality's budget.
2. In the local plan, the following shall be specified:
1. the purpose of the land and the lines which border areas of different importance or different development arrangements;
2) the principles of protection and shaping of spatial order;
3) the principles of environmental protection, nature and landscape;
3a) the principles of landscape shaping;
4) the rules of protection of cultural heritage and monuments, including cultural landscapes, and the treasures of contemporary culture;
5) requirements resulting from the needs of shaping public spaces;
6) the principles of construction of buildings and land management indicators, maximum and minimum intensity of construction as an indicator of the area of total construction in relation to the area of the construction plot, minimum percentage of the surface area biologically active in relation to the area of the building plot, the maximum height of the building, the minimum number of places to park in this space for the parking of vehicles provided with the parking card and the way of their implementation and the lines construction and display of objects;
7) the boundaries and ways of zoning of sites or facilities to be protected, on the basis of separate regulations, mining areas, as well as the areas of special flood risk, areas of landslides of the earth masses, priority landscapes specified in the landscape audit and in the spatial development plans of the voivodship;
8) the detailed rules and conditions for the merging and division of the real estate covered by the local-plan;
(9) the specific conditions for land use and restrictions in use, including the prohibition of construction;
10) the principles of modernization, extension and construction of communication and technical infrastructure systems;
11) the manner and timing of the temporary development, arrangement and use of land;
(12) the rate of interest on the basis of which the fee referred to in Article 1 (1) is fixed. 36 ust. 4.
2a. The local plan providing for the location of the trade facility referred to in Article 2 10 para. 3a, shall be drawn up for a site situated in an area comprising at least an area where changes in the functional and spatial structure should occur as a result of the implementation of that site.
3. The local plan shall specify according to the needs:
1) the boundaries of areas requiring the execution of the merits and divisions of the property;
2) the boundaries of the rehabilitation areas of the existing construction and technical infrastructure;
3) the boundaries of areas needing transformation or remediation;
3a) the boundaries of land for the construction of the facilities referred to in art. 10 para. 2a, and the boundaries of their protection zones related to limitations in the construction, development and use of the site and the occurrence of significant environmental impacts of these facilities;
4) the boundaries of land for the construction of commercial facilities referred to in art. 10 para. 3a;
(4a) the boundaries of the deployment of the investment to a public target of local interest
4b) the boundaries of the investment areas of the public objective of supra-local significance, placed in the spatial development plan of the voivodship or in final decisions about the location of the national road, voivodship or district, railway line o public use, public service aerodrome, terminal investment or Euro 2012 project;
5) the boundaries of recreational and recreation areas and sites for organising mass events;
6) the boundaries of the monument to the extermination and their protection zones, as well as restrictions on the pursuit of their business activities, as defined by the Act of 7 May 1999. on the protection of sites of former Nazi death camps;
7) the borders of closed areas, and the boundaries of the protection zones of closed areas;
8) the location of the location of construction works in relation to roads and other publicly accessible areas and to the borders of adjacent properties, coloring of building objects and covering roofs;
9) (repealed)
10) the minimum surface area of newly isolated building plots.
4. The local plan providing for the location of buildings shall enable the location of the energy generating equipment from renewable energy sources, using wind energy, with a power not greater than the power of micro-installations within the meaning of art. 2 point 19 of the Act of 20 February 2015. of renewable energy sources also in the case of other land use than production, unless the arrangements for the local plan prohibit the location of such equipment.
Article 16. [ Local plan scale] 1. The local plan shall be made on a scale of 1:1000, using official copies of the pivotal maps or, in the absence of cadastral maps, collected in the state geodetic and cartographic resource. In particularly justified cases, the use of maps on a scale of 1:500 or 1:2000 is permitted, and in cases of local plans, which are drawn up exclusively for the purpose of land use for afforestation or for the introduction of a construction ban, it is permitted to use of maps on a scale of 1:5000.
2. The Minister responsible for the construction, planning and development of spatial planning and housing shall determine, by means of a regulation, the required scope of the local plan project in the textual and graphical parts, taking into account, in particular, the requirements of concerning planning materials, the scale of the cartographic works, the designations used, the naming, the standards and the manner of documenting the planning work.
3. (repealed)
Article 17. [ Adoption of a resolution of accession to the local plan] Mayor, mayor or president of the city after the adoption by the municipal council of a resolution on accession to the local plan successively:
1) announces in the local press and by the notice, and in a manner customarily adopted in a given locality, about the decision to join the plan, specifying the form, place and time limit for the submission of applications to the plan, not less than 21 days from the day of the announcement;
2. inform, in writing, the decision to proceed to the drawing up of the plan of the institutions and bodies responsible for the reconciliation and the opinion of the plan;
3) (repealed)
4. draw up the draft local plan, examining the conclusions referred to in point 1, together with the forecast of the environmental impact;
5. shall draw up a forecast of the financial consequences of the adoption of the local plan, taking into account the Article 36;
6) occurs at:
(a) opinions on the draft plan to:
-a municipal or other appropriate, within the meaning of the Article 8, the urbanistic and architectural commission,
-the heads, mayors of municipalities or presidents of cities bordering the area covered by the plan, on the deployment of investments to a public target of local importance,
-the regional director of environmental protection,
-the competent authorities of the geological administration in the field of documented deposits of copalines and groundwater,
-(repealed)
-the competent authority of the State Fire Service and the Provincial Environmental Protection Officer as regards the location of new plants with increased or high risk of major accidents, changes referred to in art. 250 par. 5 and 7 of the Act of 27 April 2001. -Environmental law, in existing plants with increased or high risk of major accidents and new investments and the deployment of areas of public space and residential area in the vicinity of plants with increased or a major risk of major accidents, where those investments, areas or areas increase the risk or consequences of major accidents,
-the competent state provincial health inspector,
-starosty, as the competent environmental authority in the area of endangered areas of the landslides,
-the operator of the electricity transmission system as regards the management of the land lying within a distance of not more than 40 metres from the axis of the existing power line of the highest tensions, where the upper voltage of the line The electro-energy shall be at least 220 kV, and
(b) to agree on a draft plan with:
-voivodship, voivodship, district management in the area of relevant general government tasks,
-the authorities competent to agree on a draft plan on the basis of separate provisions,
-the appropriate operator of the road, if the way in which the land adjacent to the road belt is managed or the change in that way may affect road traffic or the road itself,
-the competent military authorities, the border protection and the security of the State,
-the director of the competent maritime office for the management of the technical belt, the protection belt and the sea ports and harbours,
-the competent authority for mining management in the area of mining land,
-the Minister of Health for Health and Management of the Areas of Health Protection,
-the competent provincial conservator of monuments in the development of the construction and development of the site,
-the management board of the voivodship to take into account the results of the landscape audit as referred to in art. 38a, and
(c) consent to a change in the use of agricultural and forestry land for non-agricultural and non-agricultural purposes, where separate provisions so require;
7) (repealed)
8) (repealed)
9) make changes resulting from the opinions obtained and the arrangements made and announces, in the manner set out in point 1, of the presentation of the draft plan to the public inspection at least 7 days before the day of the postponement and shall teach this project together with the forecast the environmental impact to the public for a period of at least 21 days and shall organise a public discussion at that time over the solutions adopted in the draft plan;
10) (repealed)
11) set out in the notice referred to in point 9, the time limit within which natural and legal persons and organisational units without legal personality may comment on the draft plan, not less than 14 days from the end of the period the design of the plan;
12) consider the comments referred to in point 11, within a period of not more than 21 days from the date of expiry of the period for their submission;
13) make changes to the draft local plan resulting from the consideration of the comments referred to in point 11, and then to the necessary extent reiterates the arrangements;
14) submit to the municipal council a draft local plan together with a list of the unaccounted for the comments referred to in point 11.
Article 18. [ The submission of comments to the project] 1. Notes to the draft local plan may bring any person who questions the findings of the draft plan, which shall be made public by reference to the public consultation referred to in Article 1. 17 point 9.
2. Notes to the draft plan must be made in writing within the time limit set in the notice referred to in art. 17 point 11.
(3) As lodged in writing, the comments made by electronic box within the meaning of the provisions of the Act of 17 February 2005 shall also be considered as having been lodged. information on the activities of entities carrying out public tasks (Dz. U. of 2017 items 570):
(1) accompanied by an eligible electronic signature, or
2) bear the signature of the confirmed ePUAP Trusted Profile.
Article 19. [ Project Changes] (1) If the Council of the Municipality determines the need for amendments to be made to the draft local plan, including as a result of the comments on the draft plan, the actions referred to in Article 4 (1) (a) (a) (1) of the 17, which is to the extent necessary to make these changes.
2. The subject of repeated actions may be only part of the design of the plan covered by the change.
Article 20. [ Resolution of the municipal council concerning the local plan] 1. The local plan shall pass by the municipal council, after stating that it does not violate the findings of the study, by concluding at the same time the method of consideration of the comments on the design of the plan and the manner of implementation, recorded in the plan, investments in the scope of the infrastructure the technical provisions which belong to the communes ' own tasks and the rules for their financing, in accordance with the provisions on public finance. The text part of the plan is the content of the resolution, the graphic part and the required resolutions are the annexes to the resolution.
2. Wójt, the mayor or president of the city shall present the voyewater of the resolution referred to in the paragraph. 1, together with the annexes and documentation of the planning works to assess their compliance with legal regulations.
Article 21. [ Costs of drawing up the local plan] 1. The costs of drawing up the local plan shall be borne by the municipal budget, subject to paragraph. 2.
2. The costs of drawing up the local plan shall be charged:
1) the state budget-if it is in whole or in part a direct consequence of the intention to implement the investment of a public target of national importance;
2) the budget of the voivodship-if it is in whole or in part a direct consequence of the intention to implement the investment of a public target of the voivodship;
3) the budget of the district-if it is in whole or in part a direct consequence of the intention to implement the investment of a public target of the district interest;
4) an investor pursuing an investment of a public objective-in the part in which he is a direct consequence of the intention to implement this investment.
Article 22. [ Merging and Breaking of Real Estate] If the local plan includes areas requiring the execution of the merges and divisions of the property, the municipal council, after its resolution, shall adopt a resolution of accession to merge and divide the property, in accordance with the real estate economy regulations.
Article 23. [ Obligation of authorities to cooperate in drawing up the project] The authorities referred to in Article 11 points 5 and 6 and art. Article 17 (6), in so far as it is necessary to cooperate in the preparation of a study or project of a local plan, consisting in the expression, submission of proposals and the provision of information, as regards its property and property, shall be required.
Article 24. [ Reconciling and Opinions of Projects] 1. The bodies referred to in art. 11 point 6 and art. Article 17 (6), in respect of its property or local property, shall give an opinion and agree, at its own cost, to the project of a study or to a draft local plan, as appropriate. Arrangements shall be made in accordance with Article 1. 106 of the Code of Administrative Procedure.
2. Genocide, mayor or president of the city may consider an agreed project of a study or a draft local plan in the case where the bodies referred to in the mouth. 1, they shall not specify the conditions under which the arrangement may take place.
Article 25. [ Deadline for Arrangement] 1. The appointment, the mayor or president of the city shall determine the time limit for making the arrangements, or presentation of the opinion by the authorities referred to in art. 11 points 5 and 6 and art. 17 point 6, not less than 14 days and no longer than 30 days from the date on which the study or project of the local plan is made available, together with the forecast of the environmental impact.
1a. The agreeing or opinion body may, in justified cases, apply to the mayor, mayor or president of the city, to change the term referred to in paragraph 1. 1, indicating a period of not more than 30 days for the submission of an opinion or an arrangement.
2. Failure to present the position or conditions referred to in art. 24 ust. 2, within the time limit referred to in paragraph 1. 1 and 1a, shall be considered as equivalent to the agreement or the opinion of the project, as appropriate.
Article 26. [ Project Change Costs] 1. The body with which the study project or the draft local plan has been agreed shall bear the costs of the change of these projects, due to the subsequent change of position.
2. If the authority referred to in paragraph 1 1, operates within a complex district administration or within the framework of the self-government of the voivodship and performs tasks within the scope of government administration, the State Treasury shall bear the costs of changing the study and the local plan or their projects only if the change the position of the Authority is due to the amendment of the law or from the new findings of the competent governmental authority that are binding on that authority.
Article 27. [ Project Change Mode] The modification of the study or local plan shall take place in the manner in which they are adopted.
Article 28. [ Significant infringement of the rules for drawing up a study or a local plan] 1. A significant breach of the rules of drawing up a study or a local plan, a significant violation of the mode of their preparation, as well as a breach of the jurisdiction of the authorities in this regard, shall result in an invalid resolution of the municipal council in whole or in part.
2. If the decision of the supervisory authority, declaring invalid a decision on a study or a local plan, will become final due to the lack of a complaint by the municipality, within the prescribed period, of the application to the administrative court or if the complaint is shall be rejected by the court or dismissed by the court or tribunal, the acts referred to in Article 4. 11 and 17, shall be reiterated to the extent necessary to bring the draft study or plan into conformity with legal provisions.
Article 29. [ Resolutions in effect] 1. The praise of the municipal council on the enactment of the local plan shall apply from the date of entry into force specified therein, however, not earlier than after 14 days from the day of the announcement in the official gazette of the voivodship.
2. The Uchwała referred to in paragraph. 1, it is also subject to publication on the website of the municipality.
Article 30. [ Right of access to a study or a local plan] 1. Everyone has the right to inspect the study or the local plan and to receive the inscripments and carriages from them.
2. (repealed)
Article 31. [ Register of locals] 1. The mayor, the mayor or president of the city shall keep a register of local plans and applications for their drawing up or alteration, shall collect the materials associated with them, and shall be responsible for the storage of their originals, including the repealed and non-applicable.
2. Genocide, mayor or president of the city is obliged to hand over the old copy of the enacted study or local plan, no later than on the day of their entry into force.
Article 32. [ Analysis of changes in spatial development of the municipality] 1. In order to assess the actuality of the study and plans of the local mayor, the mayor or president of the city makes an analysis of changes in spatial development of the municipality, assesses the progress of the development of local plans and develops multiannual programmes of them drawing up, with reference to the findings of the study, taking into account the decisions contained in the registers referred to in Article 57 (1) 1-3 and art. 67, and the conclusions on the establishment or amendment of the local plan.
2. Wójt, mayor or president of the city shall transmit the results of the analyses referred to in paragraph. 1, after obtaining the opinion of the municipal or other competent, within the meaning of art. 8, the urbanistic and architectural commission, at least once during the council's term of office. The Municipal Council shall adopt a resolution on the actuality of the study and the local plans, and in the case of recognition of them as out of date, in whole or in part, shall take the measures referred to in art. 27.
3. In making the resolution referred to in paragraph. 2, the municipal council shall take into account, in particular, the compliance of the study or the local plan with the requirements under the provisions of the Article. 10 para. 1 and 2, art. 15 and Art. 16 ust. 1.
Article 33. [ Change Set] If, as a result of the amendment, there is a need to change the study or local plan, the activities referred to in Article 4 shall be amended. 11 and 17, shall be carried out to the extent necessary to make those changes.
Article 34. [ Entry into force of the local plan] 1. The entry into force of the local plan shall result in the loss of the existing capacity of other zoning plans or parts thereof relating to the land covered by it.
2. The loss of an effective local plan shall not result in the expiry of the administrative decisions adopted on the basis of that plan, subject to Article 65 par. 1 point 2 and paragraph. 2.
Article 35. [ Change of land use] Sites for which a local plan changes may be used so far as to the time of their use in accordance with that plan, unless they have been set out in a different way for their temporary arrangement.
Article 36. [ Limitation of the use of immovable property] 1. [ 2] If, as a result of the adoption of a local plan or a change in the local plan, the use of immovable property or parts thereof has become impossible or substantially restricted, either the owner or the user has become untenable or substantially limited. the perpetual property may, subject to paragraph. 2, request from the municipality:
(1) compensation for the actual damage suffered; or
2) the purchase of real estate or its parts.
2. Implementation of the claims referred to in paragraph. 1, may take place either by the municipality or by the owner of the perpetuated property. On the date of conclusion of the contract, the exchange of claims shall expire
3. If, in connection with the resolution of the local plan or its change, the value of the property has been reduced, and the owner or the perpetual user is divesting the property and has not exercised the rights referred to in the paragraph. 1 and 2, he may require the municipality to compensate for the reduction of the value of the property.
4. If, in connection with the resolution of the local plan or its change, the value of the property has increased, and the owner or the perpetual user is disposed of the property, the mayor, or the mayor, or the president of the city, shall charge a one-off fee established in that plan, the percentage of the increase in the value of the property. This fee is the income of own municipality. The amount of the fee may not exceed 30% of the increase in the value of the property.
4a. The fees referred to in paragraph 4, it shall not be collected in the case of an unpaid transfer by the farmer of the property of the property forming part of the agricultural holding to the successor within the meaning of the provisions of the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2016 r. items 277 and 2043 and from 2017 items 2, 38, 624 and 715) or provisions on specific conditions and modalities for the granting of financial assistance under the "Structural Rents" Action covered by the Rural Development Programme for the period 2007-2013 issued on the basis of art. 29 par. 1 point 1 of the Act of 7 March 2007. in support of rural development with the contribution of the European Agricultural Fund to Rural Development [ 3] (Dz. U. of 2016 r. items 1387 and 1579 and of 2017 items 5 and 624). In the event of a succession of immovable property transferred by the farmer, the provisions on the payment referred to in paragraph 1 shall be made by the farmer. 4, apply mutatis mutandis.
5. In the event of annulment of the resolution of the municipal council on the local plan, in part or in full, the compensation referred to in the paragraph shall be declared. 1 point 1, or the fee referred to in paragraph 1. 4, they shall be repaid to the municipality or to the current owner or the owner of the perpetual property respectively.
6. In the case referred to in paragraph. 3, in the event of annulment of the resolution of the municipal council on a local plan in part or in full, the municipality may require the actual owner or the user of perpetual property to repay the amount equivalent to the amount paid compensation.
Article 37. [ The amount of compensation for the reduction of property value] 1. [ 4] Amount of compensation for the reduction of the value of the property referred to in Article 36 ust. 3, and the amount of the fee for the increase in the value of the property referred to in art. 36 ust. 4, shall be fixed at the date of its sale. The reduction and the increase in the value of the property shall be the difference between the value of the property determined by taking into account the purpose of the land in force after the resolution or modification of the local plan and its value, determined the land use prior to the change in that plan, or the actual use of the property before it has been adopted.
2. (repealed)
3. Claims referred to in Art. 36 ust. 3, you can report within 5 years from the date on which the local plan or its change became applicable.
4. Paragraph Recipe 3 shall apply mutatis mutandis to the fees referred to in Article 3. 36 ust. 4.
5. The notary, within 7 days from the date of preparation of the contract, the object of which is to dispose of the property, in the form of a notarial deed, shall be obliged to send the mayor, mayor or president of the city a copy of this act.
6. Wójt, mayor or president of the city shall determine the fee referred to in art. 36 ust. 4, by decision, immediately after receipt of the discharge from the notarial deed referred to in the paragraph. 5.
7. The owner or a perpetual user of a property whose value has increased in connection with the resolution or modification of the local plan, prior to its disposal, may demand from the mayor, the mayor or the president of the city to determine, by decision, the amount of the fee, o Article 2 36 ust. 4.
8. The mayor, the mayor or president of the city shall present periodically, as appropriate, but at least once a year, on the part of the municipal council session of the notified requests referred to in art. 36 ust. 1-3 and para. 5, and the decisions referred to in paragraph 5. 6 and 7.
9. Execution of the obligation arising from the claims referred to in art. 36 ust. 1-3, shall take place within 6 months from the date of submission of the application, unless the parties decide otherwise. In the event of a delay in the payment of compensation or redemption of the property to the owner or the user of the perpetuated property, the statutory interest for the delay shall be entitled.
10. Sporters in the cases referred to in art. 36 ust. 1-3 and para. 5, they settle the common courts.
(11) As regards the rules for determining the value of immovable property and the rules for determining the financial consequences of the adoption or amendment of local plans, and with regard to persons entitled to determine those values and the financial consequences thereof, Real estate regulations.
Article 37a. [ Resolutions on the principles of situating the objects of small architecture] 1. The municipal council may establish in the form of resolutions the principles and conditions for the situation of objects of small architecture, advertising boards and advertising equipment and fences, their dimensions, quality standards and types of building materials, from which they may be done.
2. With regard to the szylds in the resolution referred to in paragraph. 1, the rules and conditions for their situation, the dimensions and the number of Ships which may be placed on a property by the operator on the activity shall be defined.
3. In the resolution referred to in paragraph. 1, the municipal council may establish a prohibition on the situation of fences and advertising boards and advertising devices, excluding shillings.
4. The praise referred to in the mouth. 1, is an act of local law.
5. The praise referred to in the mouth. 1, refers to the whole area of the municipality, excluding closed areas established by other bodies than the minister competent for transport.
6. The praise referred to in the mouth. 1, it may provide for different regulations for different areas of the municipality specifying in a unambiguous manner the boundaries of these areas.
7. In the case referred to in paragraph. 6, the resolution referred to in paragraph 1. 1, may contain a graphic attachment, together with a description, unequivocally defining their boundaries.
8. The Uchwała referred to in paragraph. 1, as far as fences are concerned, does not apply to the fencing of motorways and expressways and the fencing of railway lines.
9. The praise referred to in the mouth. 1, sets out the terms and conditions of the adaptation existing on the date of its entry into force of the objects of small architecture, fences, and advertising boards and advertising devices to the prohibitions, rules and conditions specified therein, not less than 12 months from the date of the entry into force of the resolution.
10. The Uchwała referred to in paragraph. 1, may:
1) indicate the types of objects of small architecture which do not require adaptation to the prohibitions, rules or conditions set out in the resolution;
2) indicate the areas and the types of fencing for which the exemption from the obligation to adjust the fences existing on the date of its entry into force to the prohibitions, rules or conditions set out in the resolution.
Article 37b. [ Uchwała o Preparation by wójta (Mayor, Mayor of the City) draft resolutions] 1. Prior to the adoption of the resolution referred to in art. 37a par. 1, the Municipal Council shall adopt a resolution on preparation by the mayor (mayor, city president) of the draft resolution referred to in art. 37a par. 1.
2. Wójt (Mayor, Mayor of the City) immediately:
1) make public the information about the decision of the municipal council of the resolution referred to in the paragraph. 1;
2) draw up a draft resolution as referred to in art. 37a par. 1;
3) consult the regional environmental director of the draft resolution as referred to in art. 37a par. 1;
4) agree on the draft resolution referred to in art. 37a par. 1, with the voivodship conservator of monuments in the scope of shaping the construction and development of the site;
5) agree on the draft resolution referred to in art. 37a par. 1, with the minister competent for health care in the area of health protection areas;
6) the opinion of the competent authority of the State Fire Service of the draft resolution referred to in art. 37a par. 1;
7) consult the marshal of the voivodship about the draft resolution referred to in art. 37a par. 1;
8) publish in the local press and by the notice, and in a manner customarily adopted in the given area of the presentation of the draft resolution referred to in art. 37a par. 1, for public inspection at least 7 days before the date of the application and shall put this project into public inspection for a period of at least 21 days; at the time of the application and for a period of 14 days after the end of the period of application, it shall meet the comments on the project.
3. Wójt (mayor, president of the city) shall immediately consider the submitted comments by the entities referred to in the paragraph. 2, and draw up a list of unaccounted for comments.
4. Failure to take a position within one month from the date of receipt of the draft resolution referred to in art. 37a par. 1, by the authorities referred to in paragraph 1. Paragraphs 4 and 5 shall be considered as agreeing on a draft resolution as submitted.
5. In the event of failure to express an opinion within one month from the date of receipt of the draft resolution referred to in art. 37a par. 1, by the authorities referred to in paragraph 1. Paragraphs 3, 6 and 7 of the requirement for consultation shall be deemed to have been met.
6. The municipal council shall pass the resolution referred to in art. 37a par. 1, at the same time, resolves the way in which the comments not taken into account by the mayor (mayor, president of the city) have been discussed.
Article 37c. [ Exemption of the use of advertising rules] The provisions relating to advertising shall not apply to the dissemination of information only:
1) permanently commemorating persons, institutions or events;
2) of a religious nature, related to the activities of churches or other religious associations, if the advertising board or advertising device is placed within the boundaries of the areas used as places of worship and religious activity and cemeteries.
Art 37d. [ Penalty of money for placing an advertising board or advertising device not complying with the provisions of the resolution] 1. An entity that has placed an advertising board or advertising device incompatible with the provisions of the resolution referred to in art. 37a par. 1, shall be subject to monetary penalty.
2. If it is not possible to identify the entity referred to in paragraph. 1, a pecuniary penalty shall be made to the owner, the perpetual user or the owner of the spontaneous property or the building object on which the advertising board or advertising device is placed.
3. The monetary penalty of the covenant, by decision, the mayor (mayor, president of the city).
4. The monetary penalty shall be issued from the date on which the body has initiated proceedings in the case, until the date of adaptation of the advertising board or advertising device to the provisions referred to in paragraph. 1, or remove an array or device.
5. Where the decision referred to in paragraph is adopted on the date of the decision referred to in paragraph 1. 3, the advertising board or advertising device shall not comply with the provisions referred to in paragraph 1. 1, the decision shall specify:
1) the amount of the monetary penalty for the period from the date of initiation of the proceedings in the case until the date of the decision,
2) the obligation to adapt the advertising board or advertising device to the provisions referred to in the paragraph. 1, or remove an array or device.
6. The decision referred to in paragraph. 5, shall be subject to immediate implementation in the part concerning the obligation referred to in paragraph 1. 5 point 2.
7. After the performance of the obligation referred to in paragraph. In accordance with Article 5 (2), the authority shall determine, by decision, the amount of the monetary penalty for the period from the date of the decision referred to in paragraph 2. 5, as appropriate to the date of adaptation of the advertising board or advertising device to the provisions referred to in paragraph. 1, or remove an array or device.
8. The amount of the monetary penalty shall be determined as the product of the area of the advertising board or advertising device serving the advertising exposure, expressed in square meters, and the 40-fold adopted by the Municipal Council of the variable rate of the variable fee the advertising referred to in Article 17a of the Act of 12 January 1991. about taxes and local charges (Dz. U. of 2016 r. items 716, 1579 and 1923 and of 2017 items 624), increased by 40-fold adopted by the council of the commune of the rate of the part of the fixed part of this fee, for each day of non-compliance of the advertising board or advertising device with the provisions referred to in paragraph. 1.
(9) If the municipal council did not specify the amount of the advertising fee referred to in paragraph. 1, the amount of the monetary penalty shall be determined as the product of the surface area of the advertising board or advertising device serving the advertising exposure, expressed in square meters, and 40 times the maximum part rate of the variable advertising fee, o Article 2 19 pt. 1 lit. h of the Act of 12 January 1991. of taxes and local charges, increased by 40 times the maximum rate of the part of the fixed advertising fee referred to in art. 19 pt. 1 lit. g of this law, for each day of non-compliance of an advertising board or advertising device with the provisions referred to in the paragraph. 1.
10. If the shape of the advertising device prevents the designation of the area of the advertising exposure area referred to in the paragraph. 8 or 9, the amount of the monetary penalty depends on the field of the side of the perpendicular described on the advertising device.
11. The money penalty is the income of the municipality.
Art 37e. [ Apply Tax Ordinance] In cases not regulated, the fines referred to in Article 37d, the provisions of Chapter III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. of 2017 items 201, 648 and 768), with the fact that the powers of the tax authorities are entitled to the mayor (mayor, president of the city).
Article 37f. [ Local Revitalization Plan] 1. The municipal council may enact for the revitalization area, referred to in Chapter 3 of the Act of 9 October 2015. o Revitalization (Dz. U. Entry 1777 and from 2016. items 1020 and 1250), a local revitalization plan, if a municipal revitalization program is enacted, as referred to in Chapter 4 of this law.
2. The local revitalization plan is a special form of local plan.
3. If a local plan is in force in whole or in part of the revitalization area and a municipal revitalisation scheme is adopted, the local revitalisation plan may also be decided upon as a result of the change of the local plan.
Art 37g. [ The revitalization area and the content of the local revitalisation plan] 1. The municipal council may enact a local revitalization plan for all or part of the revitalization area. Where the state of development of immovable property situated in a compact area of the proposed plan does not indicate the necessity to make changes in this respect, the municipality may exclude these properties from the area covered by the plan.
2. In the local revitalization plan, apart from the elements listed in art. 15 para. 2 and 3, shall be determined according to the needs:
1) the principles of spatial composition of the new construction and harmonization of the planned construction with the existing construction;
2) the findings concerning the characteristic features of the facade of buildings;
3) detailed arrangements for the development and equipment of the areas of public spaces, including the design and the situation of greenery, the concept of organisation of traffic on public roads and the crossing of streets;
4) prohibitions and restrictions on commercial or service activities;
5) the maximum selling area of commercial premises, including the areas of distribution of commercial premises with the indicated in the plan of the maximum sale area and their permissible number;
6) the scope necessary to build the technical, social or premises infrastructure-in the cases referred to in art. 37i.
3. A graphic part of the local revitalization plan shall be drawn up, depending on the needs, on a scale from 1:100 to 1:1000.
4. For the purposes of the proceedings on the adoption or amendment of the local revitalization plan shall be drawn up and published by the visualizations of the proposed solutions of this plan, consisting of at least the urban concept of the area covered by the plan, the model the spatial structure of this area and the views of the facade.
5. The arrangements referred to in paragraph. Point 3, for the organisation of traffic on public roads, shall become applicable to traffic participants following the introduction by the management authority of the new organisation of traffic, in accordance with the provisions issued on the basis of art. 10 para. 12 of the Act of 20 June 1997. -The right of traffic (Dz. U. of 2017 items 128, 60, 379 and 777).
6. The arrangements referred to in paragraph. In accordance with Article 2 (2), point 4 shall enter into force within the period specified in the local revitalisation plan, which shall be between 6 and 12 months from the date of its entry into force. Article Article 35 does not apply.
Art 37h. [ Compensation for the imposition of restrictions on the use of immovable property] 1. In the event of limitation of the use of immovable property as a result of the establishment of the regulations referred to in art. 37g ust. In accordance with Article 2 (4), the competent starosta shall, by decision, determine the amount of the compensation. The appeal shall not be granted from the decision of the Old
2. The party dissatisfied with the awarded compensation may within 30 days from the date of service of the decision referred to in the paragraph. 1, bring an action to the general court. The judicial route shall also be entitled to a decision not to be taken by the competent authority within three months of the date of notification of the request by the injured party.
3. The municipality is responsible for the payment of compensation.
4. Obtaining damages does not exclude claims, referred to in art. 36.
Art 37i. [ Major and Supplementary Investments] 1. In the local revitalisation plan, it can be specified, in relation to the undeveloped property, that the condition for the implementation of the main investment on it is the obligation of the investor to build at its expense and for the unpaid transfer to the municipality supplementary investments in the form of technical, social or residential infrastructure-to the extent indicated in the plan. Article Article 49 § 2 of the Act of 23 April 1964. -Civil Code (Dz. U. of 2017 items 459) in the case of implementation of the technical infrastructure does not apply.
2. The main investment shall not be the investment of a public objective.
(3) In the framework of supplementary investments, it is also possible to make a commitment by the investor to build at his own expense and to transfer free of charge to the municipality other than the dwellings intended for cultural, social activities, educational or sporting activities performed by entities operating in the area of revitalization, whose main purpose is not to achieve profit.
4. The dimension of the obligations referred to in paragraph 1. 1, is proportional to the increase in the value of the property as a result of the enactment or modification of the local revitalization plan.
5. The investor undertakes to implement the supplementary investments concluding with the municipality an urban planning agreement, which specifies in particular, according to the local revitalisation plan, the scope, the technical specification and the deadline for execution of the necessary construction works and the deadline for the transfer of objects or facilities to the municipality. The urban planning agreement may provide for the execution of works and the fulfilment of the other conditions laid down therein.
6. The urban contract shall be concluded under the rigorous act in the form of a notarial deed.
7. The conclusion of an urban planning agreement is a condition of obtaining a building permit for the main investment or its part.
8. Non-paid transfer to the municipality of a completed supplementary investment and, where it forms part of a construction site, the completion of the construction works concerning the supplementary investment, constitutes a condition of accession to the use construction sites constituting the main investment.
9. The fulfilment of the conditions referred to in paragraph. 8, the mayor, the mayor, or the president of the city, is confirmed by a certificate.
10. In the case of the conclusion by the investor of an urban planning agreement in relation to the property on which the local revitalization plan provides for the construction of the main investment, the fee referred to in art. 36 ust. 4, and the fees referred to in art. 144 ust. 1 of the Act of 21 August 1997. about the real estate economy, it does not take place.
Art 37j. [ Revitalization Committee] 1. The Revitalization Committee referred to in art. 7 of the Act of 9 October 2015. The Commission has adopted a proposal for a revision of the European Economic and Financial Committee (1), which is to be adopted by the Commission on the implementation of the European Union
2. Wójt, mayor or president of the city shall apply for the opinion referred to in the paragraph. 1, in parallel with the occurrence of opinions referred to in art. 17 point 6 (a), setting a time limit for the presentation of the opinion referred to in paragraph 6. 1, which is between 14 and 30 days.
3. The Revitalization Committee may, in justified cases, apply to the mayor, the mayor or the president of the city to change the term referred to in the paragraph. 2, for a period not longer than 45 days from the date of receipt of the draft of the local revitalization plan for an opinion.
4. Failure to submit an opinion within the time limit referred to in paragraph. 2 and 3, shall be deemed to constitute a resignation of the right of expression.
5. The municipal council shall adopt a local revitalisation plan after finding, in a separate resolution, that it does not violate the findings of the study and the communal revitalisation programme.
Art 37k. [ The inclusion of the complaint against the local revitalisation plan] In the case of the inclusion by the voivodship administrative court of the complaint against the local plan of revitalization of the article provision 152 of the Act of 30 August 2002. -Right of proceedings before administrative courts (Dz. U. of 2016 r. items 718, of late. zm.) does not apply.
Art 37l. [ Merging and Breaking of Real Estate] 1. If the municipal revitalization programme is envisaged, the procedure for the merger and division of immovable property, referred to in Chapter 2 of Chapter 2 of the Act of 21, shall be carried out in parallel with the procedure for the development and adoption of the local revitalisation plan. August 1997 the real estate economy.
2. The municipal council in the resolution of accession to draw up a local revitalization plan resolves the accession to the merge and division of the property, specifying the external borders of the land covered by the merge and division.
3. The municipal council, after the entry into force of the resolution on the local revitalization plan, shall take a resolution on the merging and division of the real estate referred to in art. 104 (1) 1 of the Act of 21 August 1997. the real estate economy, as agreed in the plan.
4. In the event of annulment of the local revitalization plan, the resolution on the merits and division of the property retains the power.
(5) Where an action for annulment of a resolution on a local revitalisation plan contains allegations of infringement of the rules for drawing up that plan within the scope referred to in Article 4 (2) of the Rules of Jurisdiction, 15 para. 2 point 8-the scope of the appeal also includes a resolution on the approval of the merger and the division of the immovable property. The administrative court, ruling for the annulment of a resolution on the local revitalization plan, also adjudicates the resolution on the approval of the merger and the division of the immovable property.
6. To merge and divide the property, in the unregulated range in the mouth. 1-5, the provisions of the Act of 21 August 1997 apply. the real estate economy.
Art. 37m. [ Delegation] The Minister for Construction, Planning and Development of Spatial Planning and Housing shall determine, by means of a Regulation, the following:
1) the scope of the project of the local revitalization plan in the text part concerning the arrangements referred to in art. 37g ust. 2, having regard in particular to the need to ensure legibility and a uniform understanding of the concepts used;
2) the scope and form of the visualization of the findings of the local revitalization plan referred to in art. 37g ust. 4, taking into account, in particular, the need to ensure completeness, legibility and the general availability of the visualization.
Article 37n. [ Referral] 1. In the area of unregulated art regulations. 37f-37m to the local revitalization plan shall apply the provisions concerning the local plan.
2. Whenever the provisions of this Act or the separate provisions are concerned about the local spatial development plan, the local plan, or the spatial development plans, this should also be understood by the local revitalisation plan.
Chapter 2a
Spatial planning in the metropolitan area
Art 37o. [ Metropolitan Study] 1. The metropolitan association shall draw up a framework study of the determinants and directions of the spatial development of the metropolitan area, for the whole metropolitan area, hereinafter referred to as the "metropolitan study", taking into account the findings of the plan zoning of the voivodship.
2. The metropolitan study shall specify:
1) the principles and areas of development of communication systems, including public roads by class and categories, technical infrastructure and the deployment of other investments of public target of metropolitan importance;
2) the principles and areas of environmental protection, nature and landscape, trans-regional and regional ecological corridors, the protection of health and cultural heritage and monuments, and the goods of contemporary culture, relevant to the area as a whole the metropolitan area, in particular with regard to the means of implementing the technical infrastructure;
3) the findings resulting from the principles of development and protection of the areas referred to in points 1 and 2, located within the boundaries of the metropolitan area;
(4) maximum areas for the construction, broken down by type of construction and by the municipality.
3. In determining the arrangements referred to in paragraph 1, Point 4 shall take into account the needs and development opportunities of the metropolitan area, taking into account in particular:
1) economic, environmental and social analyses;
2) demographic forecasts, including taking into account migrations within the metropolitan area;
3) the possibilities of financing by the municipalities and the metropolitan relationship of the execution of the communication network and technical infrastructure, as well as of the social infrastructure, serving to carry out the tasks of their own respectively these units;
4) the balance sheet of the sites for the construction.
4. Making the balance sheet referred to in paragraph The provisions relating to the study of the conditions and directions of spatial planning in the municipality shall be applied accordingly.
5. The setting of the metropolitan study referred to in paragraph. 2, they cover only the elements necessary for the proper targeting of the spatial policy of the communes belonging to the union, due to spatial and socio-economic cohesion of the metropolitan area.
6. The arrangements referred to in paragraph. 2 points 3 to 4, they are binding for the mayor, mayor or president of the city in drawing up a study.
7. The metropolitan study is not an act of local law.
8. The provisions of Article 4 shall apply mutatis mutandis to the metropolitan study. 5, art. 7, art. 11-13, art. 15 para. 1, art. 20, art. 21, art. 23-28, art. 30 and Art. 32-33, with:
1) the opinion of the project of the metropolitan study referred to in art. 11 point 5, shall be expressed by the relevant urban and architectural commissions of the municipalities in the metropolitan relationship;
2. the application referred to in Article 4 (2). 11 point 10, shall be made in each of the communes of the metropolitan relationship.
Art 37p. [ Study changes] 1. If the establishment or change of a metropolitan study makes it necessary to change the study, simultaneously with the project of a metropolitan study or a project of its change, a study or design of a study may be drawn up.
2. In the case referred to in paragraph. 1, the adoption of a study or a change of study follows the passing of a metropolitan study or its change.
3. If the municipality is part of the metropolitan relationship, the establishment of the study shall also take into account the findings of the metropolitan study, if accepted.
4. On the basis of an agreement concluded between the metropolitan relationship and the municipality at the same time with the project of the metropolitan study, the management of the metropolitan association can draw up a study project.
Article 37q. [ Study of determinants and directions of spatial development in the municipality] Whenever the provisions of separate regulations are concerned about the study of determinants and directions of spatial development in the municipality, it is also necessary to understand the metropolitan study.
Chapter 3
Spatial planning in the voivodship
Article 38. [ Plan for spatial planning of the voivodship] The authorities of the voivodship draw up a plan for spatial development of the voivodship, carry out analyses and studies and develop concepts and programmes, relating to the areas and problems of spatial development as needed and the objectives of the work undertaken in this area, as well as the drawing up of the landscape audit.
Article 38a. [ Landscape Audit] 1. For the area of the voivodship shall be drawn up, not less frequently than once every 20 years, the landscape audit.
2. The landscape audit identifies the landscapes occurring in the entire area of the voivodship, determines their characteristics and makes an assessment of their values.
3. Landscaping, in particular:
1. specifies:
a) landscapes occurring in the area of a given voivodship,
(b) the location of priority landscapes;
2) indicate the location and the boundaries:
(a) cultural parks,
(b) national parks, nature reserves, landscape parks, protected landscape areas,
(c) sites included in the UNESCO World Heritage List, the areas of the UNESCO Biosphere Reserves Network (MaB) or areas and facilities proposed to be included in those lists;
3) indicate:
(a) the threats to the behaviour of the values of the landscapes referred to in point 1 (b) and the values of the landscapes within the areas or facilities referred to in point 2,
(b) the recommendations and conclusions on the shaping and conservation of the landscapes referred to in point 1 (b) and the landscapes within the areas or facilities referred to in point 2, in particular by indicating the areas to be covered by the the nature conservation measures referred to in Article 6 para. 1 points 3, 4 and 9 of the Law of 16 April 2004. o Nature conservation (Dz. U. of 2016 r. items 2134, 2249 and 2260 and from 2017 items 60 and 132),
(c) the local architectural forms of the buildings within the landscapes referred to in point 1 (c). b.
4. The recommendations and conclusions referred to in paragraph. Article 3 (3) (b) shall not conflict with the objectives and means of protecting the areas and facilities referred to in paragraph 3 (b). 3 point 2, as defined by the Act of 16 April 2004. of nature protection or of the Act of 23 July 2003. about the protection of monuments and the care of the monuments (Dz. U. of 2014 items 1446, of late. zm.).
5. The landscape audit may indicate those areas covered by the nature conservation forms referred to in art. 6 para. 1 points 3, 4 and 9 of the Law of 16 April 2004. protection of nature, which, due to the significant decrease in the value of the landscape, require an in-depth analysis of the legitimacy of their further protection.
6. The Council of Ministers shall determine by way of regulation:
1) used for the drawing up of landscape audits, the classification of landscapes developed on the basis in particular of such criteria as the dominant character in the landscape of factors, the land sculpture and the cover of the site,
2) how to assess the identified landscapes and identify the priority landscapes,
3) the way of taking into account the landscape audit of objects, including landscapes, inscribed on the UNESCO World Heritage List, the areas of the UNESCO Biosphere Reserves Network (MaB), national parks, reserves and other forms of nature protection indicated in art. 6 para. 1 point 1-9 of the Act of 16 April 2004. of nature protection, objects indicated in art. 6 para. 1 point 1 of the Act of 23 July 2003. o protection of monuments and protection of monuments,
4) the detailed scope and methodology of the landscape audit
-with a view to ensuring proper protection of the landscapes and the possibility of their shaping and the need to preserve the landscapes which are the source of the identity of the Polish nation, and bearing in mind that the landscape is assessed in particular from the point of view of the the nature and cultural significance of the landscape, the prevalence in the country and the state of behaviour.
Article 38b. [ Landscaping Project] 1. The draft of the landscape audit shall be drawn up by the Board of Governors
2. The Management Board of the voivodship prior to the submission of the draft landscape audit to be enacted by the Sejmik of the voivodship:
1) inform by notice of accession to the drawing up of the draft of the landscape audit;
2) consult on the project from:
(a) the Regional Director of the Environment
(b) directors of national and landscape parks located within the boundaries of the voivodship,
c) the provincial monument conservator,
d) Councils of municipalities located in the voivodship
-provided that the absence of a position within 30 days from the date of receipt of the draft landscape audit shall be considered to be a positive expression of the draft opinion in the wording submitted;
3) may make changes resulting from the opinions obtained;
4. announces in the regional press and by the Notice of the Marshal's Office of the listing of the project for public inspection at least 7 days before the day of the application and shall put this project into public inspection for a period of at least 30 days;
5. at the time of the application and for a period of 14 days after the end of the laying period, it shall collect the comments on the project;
6) consider the submitted comments by drawing up a list of the comments not taken into account.
3. The request of the municipality whose opinion has not been taken into account in the project of the landscape audit, the Sejmik of the voivodship shall be resolved in the form of a resolution on the appropriateness of not taking the opinion of the opinion by the Board of Governors before the resolution of the landscape audit; the decision of the Sejm of the voivodship is binding.
4. The landscape audit is enacted by the Sejmik of the voivodship, concluding simultaneously on the way of considering the comments not taken into account by the voivodship's management.
5. The change of the landscaping audit shall take place in the manner in which it is enacted.
Article 39. [ Uchwała o przystąpieniu do drafting plan] 1. The Sejmik of the voivodship shall adopt a resolution on accession to the preparation of the spatial development plan of the voivodship.
2. The zoning plan of the voivodship shall be drawn up for the area within the administrative boundaries of the voivodship
3. The spatial development plan of the voivodship shall take into account the findings of the Voivodship Development Strategy and the recommendations and conclusions contained in the landscape audit, and shall specify in particular:
1) the basic elements of the settlement network of the voivodship and their communication and infrastructure links, including the directions of cross-border affiliations;
2) a system of protected areas, including areas of protection of the environment, nature and cultural landscape, protection of the spas and cultural heritage and monuments, and the goods of contemporary culture;
3) the deployment of an investment of a public target of supranational importance;
4) the boundaries and principles of the development of functional areas of supra-regional importance and, depending on the needs, the boundaries and principles of the development of functional areas of regional importance;
5) (repealed)
6. areas of special flood risk;
7) the boundaries of closed areas and their protection zones;
8) the areas of occurrence of documented deposits of copalin and documented complexes of underground storage of carbon dioxide.
4. The spatial development plan of the voivodship shall take into account the determination of the spatial development concept of the country referred to in art. 47 para. 1 point 1, and the programmes referred to in Article 48 (1) 1.
5. In the spatial development plan of the voivodship, these investments shall be placed in public interest of the supra-local importance referred to in the paragraph. 3 point 3, which were established in the documents adopted by the Sejm of the Republic of Poland, the Council of Ministers, the competent minister or the state's seismist, in accordance with their property.
6. For the urban functional area of the voivodship centre, the spatial development plan of the urban functional area shall be adopted as part of the spatial development plan of the voivodship.
7. The spatial development plan of the urban functional area of the voivodship site may also cover the areas lying outside the boundaries of the urban functional area of the voivodship centre.
Article 39a. [ Ensuring the cohesion of the spatial development plan of the voivodship] In order to ensure coherence, the spatial development plan of the voivodship shall be adapted to the Voivodship Development Strategy after its update, to the extent that the strategy update concerns the spatial situation of the voivodship.
Article 40. [ Delegation] The Minister for Construction, Planning and Development of Spatial Planning and Housing will determine, by means of a regulation, the required scope of the project plan of spatial planning of the voivodship in the textual and graphic parts, Having regard, in particular, to the requirements for planning materials, the scale of cartographic works, the designations used, the naming, the standards and the way in which the planning works are documented.
Article 41. [ Actions following a resolution of accession to draw up the plan] 1. After the Sejmik's decision to join the state plan for the planning of the spatial development plan of the voivodship, the Marshal of the voivodship will be:
1) announces in the nationwide press and by the notice in the offices of the communes, district appriages, the Marshal's office and the voivodeship's office to decide on accession to draw up the plan, specifying the form, place and date of submission applications for the plan, not less than 3 months from the date of the announcement;
2. inform in writing the decision to proceed to the drawing up of the plan of the institutions and bodies responsible for the reconciliation and the opinion of the plan;
3) consider the applications referred to in point 1;
4) draw up the project of the spatial development plan of the voivodship together with the forecast of the environmental impact;
5) obtain an opinion on the draft plan from the provincial urbanistic commission;
6) request the opinion of the draft plan to the competent institutions and bodies, as well as to the voivodship, district management, the management boards of metropolitan associations, the mayor, the mayors of the communes and the presidents of cities located in the voivodship and the government and the local government authorities in areas adjacent to the boundaries of the voivodship and agree on a project with the authorities specified in the separate regulations;
6a) presents the draft plan of the Minister for Construction, Planning and Development of Spatial Planning and Housing in order to determine its compatibility with the spatial planning of the country;
7) presents the draft plan of the Minister competent for regional development to determine its compliance with the governmental programmes referred to in Article 48 (1) 1;
8) presents the draft plan of the state's seismic to be enacted.
2. The provisions of the Articles shall apply to the opinion and reconciliation of the project plan of the voivodship. 23-26, with the exception of the time limit for making the arrangements and presenting an opinion, which should not be less than 40 days from the date on which the draft plan was made available, together with a forecast of the environmental impact.
Article 42. [ Enactment of the Plan] 1. The spatial development plan of the voivodship is enacted by the state's purse seismik.
2. The decision of the Sejmik of the voivodship about the resolution of the spatial development plan of the voivodship together with the documentation of the planning works marshal of the voivodship shall pass on the voivodship in order to assess the compliance with legal regulations and announcements in the voivodship the official journal.
3. The change of the zoning plan of the voivodship shall take place in the mode in which the plan is adopted.
Article 43. [ Costs of drawing up the plan] 1. The costs of drawing up the spatial development plan of the voivodship shall be charged to the voivodship budget, subject to the paragraph 2.
2. The costs of drawing up the spatial development plan of the voivodship shall be charged to the budget of the State or of the investor pursuing the investment of a public objective of national importance in the part of which the drawing up of that plan is a direct consequence of the the intention to implement this investment.
Article 44. [ Agreeing on the timing of the investment] 1. Establishment of the spatial development plan of the voivodship shall be entered into the local plan after prior agreement of the deadline for the implementation of the investment of the public objective of the supra-local importance and the conditions for introducing them to the local plan.
2. The arrangements referred to in paragraph 1 shall be made. 1, carries out the marshal of the voivodship with the mayor, the mayor or the president of the city.
3. The costs of introducing the arrangement of the plan of spatial planning of the voivodship to the local plan and the reimbursement of the expenses for the compensation referred to in art. 36, as well as the amounts intended to cover the increased costs of carrying out the communal tasks are set in the contract concluded between the Marshal of the Voivodeship and the mayor, the mayor or the president of the city. The provisions of Article 4 21 shall apply mutatis mutandis.
4. The cases concerning the matters referred to in paragraph. 1-3, they resolve the common courts.
Article 45. [ Periodic Plan Evaluation] The spatial development plan of the voivodship shall be periodically evaluated. The Management Board of the voivodship, at least once during the Sejmik's term of office, shall review the changes in spatial development, develop a report on its condition within the scope specified in art. 39 (1) 3 and draw up an assessment of the implementation of the investments referred to in art. 39 (1) 5, which is subject to an opinion by the voivodship of the urban and architectural commission. The results of this review and the report shall be submitted to the Sejmik of the voivodship and shall be communicated to the Minister responsible for the construction, planning and development of spatial planning and housing.
Chapter 4
Spatial planning at national level
Article 46. [ Coordination of the conformity of plans] The Minister for Construction, Planning and Development of Spatial Planning and Housing coordinates the compatibility of plans for spatial planning of the voivodships with the spatial planning of the country.
Article 46a. [ Coordination of cross-border and border cooperation] The Minister responsible for Regional Development shall coordinate cross-border and border cooperation in the area of spatial planning and development.
Article 47. [ Drawing up the concept of spatial development of the country] 1. The Minister for Regional Development, taking into account the objectives of the Government's strategic documents:
1) in cooperation with the minister competent for construction, planning and development of spatial planning and housing shall draw up the concept of spatial development of a country that takes into account the principles of sustainable country development based on the natural, cultural, social and economic conditions referred to in the separate provisions;
1a) conducts foreign cooperation in the scope of the task referred to in point 1;
2) conducts analyses and studies, develops concepts and draws up programmes relating to areas and issues remaining in the field of strategic programming and forecasting economic and social development, working with the appropriate Ministers and the central government of government.
2. The concept of spatial development of the country determines the determinants, objectives and directions of the sustainable development of the country and the actions necessary for its achievement, and in particular:
1) the basic elements of the national settling network;
2) environmental protection requirements and monuments, taking into account the areas to be protected;
3. the deployment of the social infrastructure of international and national importance;
4) the deployment of facilities of technical and transport infrastructure, strategic water resources and water management facilities of international and national importance;
5) functional areas within the types referred to in art. 49b.
2a. The concept of spatial development of the country takes into account the objectives and directions contained in the long-term development strategy of the country and covers a period compatible with its period of validity.
3. The Council of Ministers shall adopt, by way of a resolution, the concept of spatial development of the country and determine the extent to which the concept will form the basis for drawing up the programmes referred to in art. 48 (1) 1.
4. The President of the Council of Ministers shall present to the Sejm of the Republic of Poland the concept of spatial development of the country.
5. The President of the Council of Ministers may appoint the State Council of Spatial Economy, as an advisory body on the concept of spatial development of the country, and determine, by means of ordinance, the rules of procedure specifying the tasks, the organization and the mode of its actions.
6. The concept of spatial development of the country can be updated at any time, if the socio-economic situation or the spatial situation of the country so requires.
7. The provisions of the paragraph shall apply mutatis mutandis to the updating of the spatial planning of the country's development. 1, 3 and 4.
Article 48. [ Drawing up programmes containing government tasks] 1. The Ministers and central government bodies, in terms of their property, shall draw up programmes containing government tasks, hereinafter referred to as "programmes", for the execution of investments of a public objective of national interest.
2. The programs are subject to an opinion by the Sejmiki of the competent voivodships.
3. The Council of Ministers shall adopt, by means of a regulation, programmes, taking into account, in particular, the objectives and directions referred to in Article 3. 47 para. 2.
Article 49. [ Application for the implementation of the spatial development plan] 1. (repealed)
2. Ministers and central government administration bodies shall apply to the Marshal of the competent voivodship with a request to introduce the program to the spatial development plan of the voivodship.
Chapter 4a
Functional Areas
Article 49a. [ Functional areas] Functional areas include:
1) functional areas of supra-regional importance-as functional areas of major importance for the spatial policy of the country;
2) functional areas of regional importance-as functional areas of significant importance for the spatial policy of the voivodship;
3) functional areas of local importance-as functional areas of significant importance for the spatial policy of the municipality.
Article 49b. [ Types of functional areas of supra-regional importance] The types of functional areas of supra-regional importance are:
1) the municipal functional area of the voivodship centre;
2. rural functional area;
3) a functional area of a particular phenomenon on a macro-regional scale, including:
(a) mountain,
(b) Żuławy;
4) a border functional area.
Art. 49c. [ Specifying functional areas] 1. Functional areas shall be defined with the provision of:
(1) the continuity and the value of the demarcated area, consisting in the designation of a restricted area in the common border;
2) the availability of sentinel data, enabling the designation of a total area, the spatial extent of which enables the solution of existing or anticipated problems and the development of new functions of these areas.
2. The functional areas covering its scope of more than one voivodship are determined by the provincial government in relation to its territory in agreement with the self-government of the other voivodships.
Art. 49d. [ Determining the functional areas and their borders] 1. The self-government of the voivodship defines functional areas of supra-regional importance and their borders.
2. The self-government of the voivodship may, on its own initiative or at the request of local government or district government, determine the functional areas of regional importance and their borders.
3. Propositions and conclusions concerning the determination of the functional areas referred to in paragraph. 1 and 2, the provincial government presents for an opinion by the local government units, located on the territory of the respective voivodship. The opinion shall be expressed during the conference, which shall be attended by representatives of the local government and representatives of local government units.
4. The self-government of the voivodship organizes the conference referred to in the mouth. 3, within 30 days from the date of submission by:
1) municipal government or district self-government-the application referred to in the paragraph. 2;
2) the Voivodeship's self-government-on its own initiative, proposals to determine the functional areas of regional importance and their borders.
5. The Minister responsible for the construction, planning and development of spatial planning and housing will determine, by way of regulation, detailed conditions for determining the functional areas and their borders within the types of functional areas, o which are referred to in art. 49b points 1, 3 and 4, with a view to ensuring that functional areas are to be determined in a uniform manner throughout the country and taking into account the parameters characterising the type of functional area concerned.
6. The Minister for Rural Development shall determine, by means of the Regulation, the detailed conditions for determining the functional areas and their borders within the type of functional area referred to in art. 49b point 2, with a view to ensuring that functional areas are to be determined in a uniform manner throughout the country and taking into account the parameters characterising the type of functional area concerned.
Art. 49e. [ Determining functional areas of local importance] Local government can define functional areas of local importance.
Art. 49f. [ Spatial policy of the voivodship] The spatial policy of the voivodship in relation to a functional area of supra-regional or regional importance is carried out in consultation with local government units, which are located in the area of the given area functional.
Art. 49g. [ The establishment of a metropolitan area in an area covered by the municipal functional area of the voivodship centre] 1. In the case of creation, on the whole or in part of the area covered by the urban functional area of the voivodship centre, the metropolitan relationship, the local government shall immediately repeal the determination of the area, and repealing the plan the spatial planning of the urban functional area of the voivodship centre referred to in art. 39 (1) 6 and 7.
2. In the case referred to in paragraph. 1, in the spatial development plan of the voivodship defines the boundaries of the area of the metropolitan area.
Chapter 5
Location of the investment of the public objective and the setting of the conditions of construction in relation to other investments
Article 50. [ Public Destination Investment Location] 1. The investment of the public objective shall be located on the basis of a local plan and, in the absence thereof, by means of a decision to determine the location of the public's purpose investment. The condition referred to in Article 61 (1) Article 1 (4) shall apply mutatis mutandis, subject to Article 4 (4). 61 (1) 2a.
2. They do not require the decision to determine the location of the investment of the public works objective:
1) consisting of renovation, assembly or reconstruction, if they do not cause change in the way the land is managed and the construction works are used and do not change its architectural form, and are not included in the required projects to conduct an environmental impact assessment procedure, within the meaning of the environmental protection legislation, or
2) not requiring a building permit.
2a. In the absence of a local zoning plan, the construction of the networks referred to in art. 29 par. 1 point 19a of the Act of 7 July 1994. -Building law (Dz. U. of 2016 r. items 290, 961, 1165, 1250 and 2255), requires a decision to determine the location of the public's investment.
2b. Where the application for a decision to determine the location of an investment in a public target concerns an investment whose location, in accordance with separate provisions, can only be made on the basis of the findings of the local plan, the authority shall refuse to initiating proceedings.
2c. The Investor realizing the investment of the public objective referred to in the paragraph. 2, may request the decision to determine the location of the investment of a public target connected with the defence and security of the State or the protection of the state border.
3. (repealed)
4. The drawing up of the draft decision on the establishment of the location of the investment of the public objective shall be entrusted to the person referred to in art. 5, or to the person entered on the list of chambers of professional self-government of architects holding construction powers to design without restriction in architectural specialties or building powers to design and manage construction works without limitations in the architectural specialty.
Article 51. [ The authorities issuing the decision] 1. In the matter of determining the location of the investment the purpose of public decisions shall issue in relation to:
1) the investment of a public objective of national and voivodship significance-the mayor, mayor or president of the city in agreement with the marshal of the voivodship;
2) the investment of a public objective of district and municipal importance-the mayor, the mayor or the president of the city;
3) investment of a public target in enclosed areas-water.
4) (repealed)
2. In the event of failure by the competent authority to determine the location of the investment of the public's purpose within 65 days from the date of the application for such a decision, the body of the higher degree shall make the decision to that authority, by means of the order, for which you have a complaint, a cash penalty of 500 PLN per each day of delay. The proceeds of the financial penalties constitute the revenue of the state budget.
2a. A higher degree body in the matters referred to in paragraph 2. 2 is wojewoda.
2b. The financial penalty shall be paid within 14 days from the date of service of the order referred to in paragraph 2. 2. In the event of non-payment of the monetary penalty, it shall be subject to recovery in the enforcement proceedings in the administration.
2c. To the time limit referred to in paragraph 1. 2, does not include the time limits laid down by the provisions of the law to carry out certain activities, the periods of suspension of proceedings and the periods of delay caused by the fault of the party or for reasons beyond the control of the authority.
3. In the case of an investment of a public target going beyond the area of one municipality, the decision to determine the location of the public target investment shall be issued by the mayor, the mayor or the president of the city, where the largest part of the property is located the site where this investment is to be carried out, in consultation with the mayor concerned, mayors or presidents of cities.
Article 52. [ Application for location] 1. The determination of the location of the public's investment shall be made at the request
2. The application for the establishment of the investment location of a public objective should contain:
1. determination of the boundaries of the site covered by the application, presented on the copy of the main map or, in the absence thereof, on a copy of the cadastral map, adopted to the state geodesic and cartographic resource, covering the area whose application concerning, and the area for which this investment will be affected, on a scale of 1:500 or 1:1000, and in relation to linear investments also on a scale of 1:2000;
2. the characteristics of the investment, including:
(a) the determination of the need for water, energy and the way in which the waste water is discharged or treated as well as other technical infrastructure needs and, where necessary, the disposal of waste,
(b) the determination of the planned use of the land and the characteristics of the site, including the use and dimensions of the construction works and the area of the land subject to conversion, as shown in the descriptive and graphical form,
(c) the definition of the specific technical parameters of the investment and the data which characterizes its environmental impact;
3. in the case of the location of the landfill site:
(a) a target row of landfills,
(b) the annual and total quantities of waste stored and the types of waste stored,
(c) the method of collection, treatment and discharge of waste water,
(d) the method of collection, purification and use or disposal of the gas storage gas.
3. It is not possible to make a decision to determine the location of an investment of a public purpose from the obligation of the applicant to meet the unforeseen separate provisions of the benefits or conditions.
Article 53. [ Notice of Initiation] 1. The opening of the procedure for the decision to determine the location of the investment of the public objective and the provisions and decisions terminating the proceedings of the party shall be notified by means of a notice, and in a manner customarily adopted in the case localities. The investor and the owners and users of the perpetual properties on which the public-purpose investments will be located shall be notified in writing.
2. In the proceedings concerning the decision to determine the location of the investment of the purpose of the public provision of art. 31 § 4 of the Code of Administrative Procedure does not apply.
2a. The President of the Office of Electronic Communications may perform on the rights of the party in the proceedings concerning the determination of the location of the investment of the public with the scope of public communication within the meaning of the Act of 21 August 1997. the real estate economy. The provisions of the Code of Administrative Procedure concerning the prosecutor shall apply to the President of the Office of Electronic Communications.
3. The competent authority in the proceedings related to the decision to determine the location of the investment of a public purpose shall analyse:
1) the conditions and principles of land management and its construction, resulting from the separate provisions;
2) the factual and legal status of the land on which the implementation of the investment is envisaged.
4. The decisions referred to in art. 51 (1) 1, it shall be issued after agreement with:
1) the minister competent for health-in relation to investments located in health resorts, in accordance with separate regulations;
2) the voivodeship conservator of monuments-in respect of the areas and facilities covered by the conservation forms of the monuments referred to in art. 7 of the Act of 23 July 2003. the protection of monuments and the care of the monuments and included in the municipal register of monuments;
3. the director of the competent maritime office, in relation to the areas of the technical belt, the protective belt and the sea ports and harbours;
4) the competent authority of mining supervision-in respect of mining areas;
5) the competent authority of the geological administration-in relation to documented deposits of mines and groundwater;
(5a) as an appropriate environmental authority, as regards areas at risk of the landslides of the earth;
6. competent authorities in the field of protection of agricultural and forestry land and water melioration-in relation to land used for agricultural and forestry purposes within the meaning of the real estate regulations;
7) the director of the national park-in relation to the areas located within the boundaries of the park and its otulina;
8) the regional director of environmental protection-for others than those listed in point 7 of the protected areas on the basis of nature conservation regulations;
9) the appropriate management of the road-in relation to the areas adjacent to the road lane;
10) the voivodship, the marshal of the voivodship and the starostna in the area of general government tasks for the implementation of the investment of the public objective referred to in art. 48-for land intended for this purpose in local plans which have expired on the basis of art. 67 of the law referred to in art. 88 ust. 1;
10a) the voivodship, the marshal of the voivodship and the state of the local government, for the purpose of implementing the investment of the public objective referred to in art. 39 (1) 3 point 3-for sites for this purpose in local plans that have lost power on the basis of art. 67 of the law referred to in art. 88 ust. 1;
11) Director of the Regional Management Board of the Water Management-in relation to:
(a) projects requiring a water-law permit to which the competent authority is the marshal of the voivodship or the director of the regional management board of the water management,
(b) the areas referred to in Article 88d ust. 2 of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, of late. zm.), in terms of the conditions of construction and zoning of the site;
12) the competent authority of the State Fire Service and the provincial environmental inspectorate-with regard to:
(a) the location of new establishments as defined in Article 243a point 4 of the Act of 27 April 2001. -Environmental law,
(b) the amendments referred to in Article 250 par. 5 and 7 of the Act of 27 April 2001. -environmental law, in existing establishments with increased risk or plants with a high risk of serious industrial accidents,
(c) new investments in the vicinity of establishments with increased risk or high risk of a major industrial accident where those investments increase the risk or impact of major accidents.
5. Arrangements referred to in paragraph. 4, shall be carried out in accordance with art. 106 of the Code of Administrative Procedure, except that the complaint is granted only to the investor. In the event of a failure to take a position by the agreeing authority within a period of 2 weeks from the date of notification of the request, the agreement shall be deemed to have been made.
5a. In the event of refusing to agree the decision to determine the location of the investment of the public target by the authorities referred to in the paragraph. 4 point 10, in view of the intention to carry out on the requested area the general government tasks for the purpose of implementing the public-objective investment referred to in Article 4 (2). 39 (1) 3 points 3 and art. 48, the administrative procedure on the establishment of the location of the public's purpose investment shall be suspended for a period of not more than nine months from the date of submission of the application. If, during the period of suspension of the administrative procedure, no local plan has been adopted or the location of the public interest investment relating to these tasks has not been established, the decision shall be issued in spite of the absence of such a
5b. The provision referred to in paragraph 1. Article 4 (8) does not apply to investments for which an environmental impact assessment has been carried out, in accordance with the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2016 r. items 353, z późn. zm.), during which the realisation of the project with the Regional Director of Environmental Protection was agreed.
5c. Failure to express a position within 21 days from the date of receipt of the draft decision referred to in art. 51 (1) 1, by a regional director of environmental protection shall be considered as an agreeing decision.
(6) The appeal against the decision to determine the location of the investment should contain the pleas in law relating to the decision, determine the substance and extent of the request which is the subject of the appeal and indicate the evidence justifying the request.
(7) The decision to determine the location of an investment in a public target shall not be annuled if, on the date of its notification or notice, 12 months have elapsed. Article 158 (2) of the Code of Administrative Procedure shall apply mutatis mutandis.
(8) The decision to establish the location of the public target in the event of a resumption of proceedings under Article shall not be deleted. 145 § 1 pt. 4 of the Code of Administrative Procedure, if 12 months have elapsed from the date of its notification or announcement.
Article 54. [ Content of Location Decision] The decision to determine the location of the public target investment shall specify:
1) type of investment;
2) the conditions and detailed rules for the development of the site and its buildings resulting from the separate provisions, and in particular in the scope of:
(a) the conditions and requirements of the protection and shaping of the spatial order,
(b) the protection of the environment and human health and the cultural heritage and heritage and cultural heritage of contemporary culture,
(c) support for technical infrastructure and communication,
(d) the requirements for the protection of the interests of
(e) the protection of construction sites in mining areas;
3) lines demarcating the area of investment, designated on the map on an appropriate scale, subject to art. 52 par. 2 point 1.
Article 55. [ Binding strength of the decision] The decision to determine the location of the public's investment shall be binding on the authority issuing the decision on the construction permit.
Article 56. [ Prohibition of refusal to set an investment location] The location of an investment in a public target cannot be refused if the investment plan is in accordance with the separate rules. Article Recipe 1 (1) 2 may not constitute an exclusive basis for refusing to determine the location of the public's investment.
Article 57. [ Register of issued decisions] 1. The Marshal of the voivodship shall keep a register of issued decisions to determine the location of the investment of a public target of national and provincial importance.
2. Wójt, mayor or president of the city shall keep a register of the issued decisions to determine the location of the investment of the public target of the district and municipal interest.
3. The Wojewoda maintains a register of issued decisions to determine the location of the investment of a public destination in closed areas.
4. Wójt, the mayor or president of the city shall send the marshal of the voivodship copies of the decisions referred to in the paragraph. 1 and 2, within 7 days from the day of their issue.
Article 58. [ Suspension of proceedings] (1) The administrative procedure for determining the location of an investment in a public purpose may be suspended for a period of not more than 12 months from the date on which the request for the establishment of the location of the public target investment The mayor, the mayor, or the president of the city, is taking the proceedings and issuing a decision to determine the location of the public's purpose investment, if:
(1) within two months of the date of suspension of the proceedings, the Council of the municipality has not adopted a resolution of accession to the local plan, or
2) during the period of suspension of the proceedings the local plan or its amendment was not enacted.
(2) If the decision to determine the location of an investment in a public purpose shall have the effect of the effects referred to in Article 4 36, the provisions of art. 36 and Art. 37 shall apply mutatis mutandis.
Article 59. [ Change in land use change] 1. The change of land use in the absence of a local plan, consisting in the construction of a construction site or the execution of other works, and a change in the way of use of the building object or parts thereof, subject to art. 50 par. 1 and Art. 86, it is necessary to establish, by means of a decision, the conditions of construction. Article Recipe 50 par. 2 shall apply mutatis mutandis.
2. Paragraph Recipe 1 shall also apply to land use change which does not require a building permit, except for a temporary, one-off land use change of up to one year.
2a. In the absence of a local zoning plan, the construction of the construction works referred to in art. 29 par. 1 points 1a and 2b of the Act of 7 July 1994. -Building law requires a decision on the conditions for the construction and development of the site.
3. In the event of a change of land use, referred to in paragraph. 2, without obtaining a decision on the terms of construction, the mayor, the mayor or the president of the city may, by decision, instruct the owner or the user of the perpetuation of the property:
1) withholding the use of the site, setting a time limit within which to request the decision to fix the conditions of the construction, or
2) restoration of the previous manner of development.
Article 60. [ Release of the decision on the conditions of construction] 1. The decision on the conditions of the construction shall be issued, subject to the paragraph. 3, the mayor, the mayor or president of the city after agreement with the authorities referred to in art. 53 (1) 4, and obtaining the arrangements or decisions required by separate regulations.
1a. Article shall be applied to the decision on the conditions of construction. 53 (1) 5b and 5c.
2. (repealed)
3. Decisions on the conditions of construction in closed areas shall be issued by the voyeon.
4. The drawing up of the draft decision on the establishment of the conditions of the construction shall be entrusted to the person referred to in art. 5, or to the person entered on the list of chambers of professional self-government of architects holding construction powers to design without restriction in architectural specialties or building powers to design and manage construction works without limitations in the architectural specialty.
Article 61. [ Conditions necessary for the decision to be adopted] 1. The issue of the decision on the conditions of construction shall be possible only if the following conditions are met jointly:
1) at least one plot of the neighbouring, accessible from the same public road, is built in such a way as to determine the requirements for the new construction in the scope of continuation of the functions, parameters, features and indicators of the construction of the construction and land use, including display cases and architectural forms of buildings, construction lines and land use intensities;
2) the area has access to the public road;
3) existing or designed land armaments, taking into account the mouth. 5, is sufficient for construction deliberations;
4) the area does not require permission to change the use of agricultural and forestry land for non-agricultural and non-agricultural purposes or is subject to the consent obtained in drawing up local plans which have lost power on the basis of art. 67 of the law referred to in art. 88 ust. 1;
5. the decision shall be in accordance with the separate provisions.
2. The provisions of the paragraph. Article 1 (1) does not apply to productive investments located in areas intended for that purpose in local plans which have expired on the basis of Article 3 (1) (a) of the Regulation. 67 par. 1 of the Act referred to in art. 88 ust. 1.
2a. Provisions of the paragraph. 1 points 1 to 4 shall not apply to the investment of a public objective in cases justified by the needs of defence or security of the State or the protection of the state border.
3. The provisions of the paragraph. 1 points 1 and 2 shall not apply to railway lines, linear facilities and technical infrastructure equipment.
4. The provisions of the paragraph. Article 1 (1) shall not apply to the construction of a farm where the area of the agricultural holding relating to that building exceeds the average of the area of the agricultural holding in the municipality.
5. The condition referred to in paragraph. 1 point 3 shall be deemed to be satisfied if the execution of the terrain is guaranteed by a contract concluded between the competent business unit and the investor.
6. The Minister for the Construction, Planning and Development of Spatial Planning and Housing shall determine, by means of a regulation, the manner in which the requirements for the new construction and development of land should be determined in the absence of a local plan.
7. In the Regulation referred to in paragraph. 6, the requirements for determining the following shall be specified:
1) the construction line;
2) the size of the construction area in relation to the plot area or land;
3) the width of the facade facade;
4) the height of the upper edge of the facade of the facade, its gzymsu or attic;
5) roof geometry (angle of inclination, height of the crippling and the system of roofing areas).
Article 62. [ Suspension of the procedure for the establishment of the conditions of construction] 1. Administrative proceedings to determine the conditions of the construction may be suspended for a period of not more than 9 months from the day of the application for the establishment of the conditions of the construction. The mayor, the mayor, or the president of the city, is taking the proceedings and he gives a decision on how to establish the conditions of the construction if:
(1) within two months of the date of suspension of the proceedings, the Council of the municipality has not adopted a resolution of accession to the local plan, or
2. a local plan or amendment has not been adopted during the period of suspension of the procedure.
1a. In the event of a resolution by the municipal council of the resolution referred to in art. 8 or Article 25 of the Act of 9 October 2015. of a revitalisation, which provides for a prohibition on the issuing of a decision on the conditions of construction for all or of a change in the way in which the site is managed, the authority shall:
1) refuses to initiate proceedings on the establishment of conditions of construction if the proposed investment is subject to a prohibition set out in this resolution;
2) suspend the proceedings on the issue or amendment of the decision on the terms of construction, initiated and not completed before the date of entry into force of this resolution, if the proposed investment is subject to the prohibition set out in this resolution;
3) take the suspended proceedings concerning the issue or amendment of the decision on the conditions of construction, in the event of the loss of the force in force of that resolution, if for the site covered by the application for the release or modification of the decision on the conditions of the construction there is no plan local.
(2) If the application for the determination of the conditions of construction concerns an area in respect of which a local plan is required, the administrative procedure for establishing the conditions of construction shall be suspended until the plan is adopted.
Article 63. [ Several Applicants] 1. In respect of the same area, the decision on the terms of the construction may be issued to more than one applicant, delivering a copy of the decision to the other applicants and the owner or the user of the perpetuation of the perpetuation.
2. The decision on the conditions of the construction shall not give rise to the rights to the site and shall not affect the right of property and the rights of third The information shall be provided in the decision.
3. If the decision on the conditions of the building triggers the effects referred to in art. 36, the provisions of art. 36 and Art. 37 shall apply mutatis mutandis. The costs of carrying out the claims referred to in Article 36 ust. 1 and 3, shall be borne by the investor, after obtaining a final decision on the construction permit.
4. An applicant who has not obtained the right to the land shall not have a claim for reimbursement of expenses incurred in connection with the decision on the conditions of construction.
5. The body which issued the decision referred to in art. 59 (1) 1, shall be obliged, with the agreement of the party to which the decision was issued, to transfer that decision to another person, if it accepts all the conditions contained in that decision. The parties to the proceedings for the transfer of a decision shall only be the persons between whom the transfer is to be carried out.
Article 64. [ Application of provisions] 1. Rules of Art. 51 (1) 3, art. 52, art. 53 (1) 3-5a, art. 54, art. 55 and art. 56 shall apply mutatis mutandis to the decision on the conditions of construction.
2. In the case of the planned construction of the commercial object, the application for establishing the conditions of the construction should include the determination of the sales
Article 65. [ Expiry of the decision on the conditions of construction] 1. The body which issued the decision on the terms of the construction or the decision to establish the location of the public objective shall determine its expiry, if:
1) another applicant has been granted a building permit;
(2) a local plan has been adopted for that site, the findings of which are different from that of the decision.
2. The provision of the paragraph. 1 point 2 shall not apply if the final decision on the construction licence has been issued.
3. The finding of the expiry of the decisions referred to in paragraph. 1, is in art mode. 162 § 1 point 1 of the Code of Administrative Procedure.
Article 66. [ Obligation to send decision write-off] 1. The bodies issuing decisions in individual public administration matters concerning the development of the site are obliged to send copies of their copies to the mayor, mayor or president of the city.
2. The bodies, which within 7 days from the date of the decision referred to in the paragraph. 1, they shall not forward the write-off of those decisions, and shall be liable under general responsibility for the damage caused to them.
Article 67. [ Delegation] 1. Wójt, the mayor or president of the city shall keep a register of the issued decisions to establish the conditions of the construction.
2. The Minister responsible for the construction, planning and development of spatial planning and housing shall determine, by means of a regulation, the model of the registers of the decisions referred to in paragraph 1. 1 and in Art. 57, taking into account, in particular, the date of the decision and the establishment of the decision, as well as the indication of the property to which it relates.
3. The Minister responsible for the construction, planning and development of spatial planning and housing will determine, by means of the regulation, the decision to determine the location of the public's investment and the decision on the conditions of construction indications and naming, having in particular regard to the requirements referred to in Article 54 and art. 61 (1) 1 point 1.
Chapter 6
Amendments to the provisions in force
Article 69. (bypassed) Article 70. (bypassed) Article 71. (bypassed) Article 72. (bypassed) Article 73. (bypassed) Article 74. (bypassed) Article 75. (bypassed) Article 76. (bypassed) Article 77. (bypassed) Article 78. (bypassed) Article 79. (bypassed) Article 80. (bypassed) Article 81. (bypassed) Article 82. (bypassed)
Chapter 7
Transitional and final provisions
Article 83. [ Explanatory provisions] Whenever it is in separate regulations that the concept of land development policy is "the concept of spatial development of the country", it is therefore necessary to understand the concept of spatial development of the country.
Article 84. [ Explanatory provisions] Where the provisions in force refer to the provisions of the Act repealed by the provisions of Article 4 (1) of 88 ust. 1 or refer generally to the provisions of this Act, the relevant provisions of this Law shall apply in this respect.
Article 85. [ Transitional provisions] 1. The current provisions shall apply to cases initiated and not completed by a final decision before the date of entry into force of the Act.
2. To the local spatial development plans and spatial development plans of the voivodships for which a resolution of accession to the drawing up or amendment of the plan has been adopted and notified of the date of application of these plans to the public inspection, but the proceedings have not been completed before the entry into force of the Act, the provisions of the existing law apply.
Article 86. [ Determination by decision of the conditions of construction] The arrangements for the construction of the construction conditions require a change in the way in which the site is managed in accordance with Article 4 (1) of 59 (1) 1 if the plan is adopted before 1 January 1995. Article Article 61 (1) 1 point 1 shall not apply.
Article 87. [ Transitional provisions] 1. Studies of the determinants and directions of spatial development of the communes and local plans adopted after 1 January 1995. they retain power.
2. Plans for spatial development of voivodships adopted after 1 January 1999 they retain power.
3. Existing local spatial planning plans adopted before 1 January 1995 on the date of entry into force of the law. shall remain in force until new plans have been adopted, but not later than 31 December 2003.
If a local plan was adopted after 31 December 2003. in connection with the loss of power by a local zoning plan adopted before 1 January 1995, the provision of art. 37 par. The second sentence of this Act, in relation to the increase in the value of immovable property, shall not apply in so far as the value of the property, determined by taking into account the purpose of the land established in the local spatial development plan, is adopted before 1 January 1995 is greater than the value of the property determined taking into account the actual use of its use after the loss of power of the plan. In such a case, the increase in the value of the property referred to in art. 36 ust. 4, is the difference between the value of the property determined by taking into account the purpose of the site in force after the adoption of the local plan and its value determined by taking into account the intended purpose of the land established in the local plan adopted before 1 January 1995
4. Sejmiki Voivodtw, which until the date of entry into force of the Act did not pass the plans of spatial development of the voivodship, and the communes, which have so far not prepared a study, will draw up and adopt respectively land development plans voivodship or study, within one year from the date of entry into force of the Act, in accordance with its requirements.
Article 88. [ Repealed provisions] 1. The Act of 7 July 1994 shall be repealed. o Spatial planning (Dz. U. of 1999 items 139, of late. zm.), subject to paragraph. 2.
2. With regard to the spatial development plans of the communes referred to in art. 87 (1) 3, the provisions of art. 31a of the Act referred to in paragraph 1. 1 shall remain in force until such time as the power is lost or the plans have been repealed.
Article 89. [ Entry into force] The Act shall enter into force after 2 months from the day of the announcement.
[ 1] Currently, the title of the Act reads: about the self-government of professional architects and construction engineers, on the basis of art. 5 point 1 of the Act of 9 May 2014. to facilitate access to the execution of certain regulated professions (Journal of Laws of the European Union 768), which entered into force on August 10, 2014.
[ 2] On the basis of the judgment of the Constitutional Court of 18 December 2014. (Journal of Laws of 2015 items 22) art. 36 ust. 1 to the extent that it excludes claims by owners or perpetual users whose properties have been assigned to the public in a local zoning plan in force on 31 December 1994, if such a purpose has been maintained in a local spatial development plan adopted under the government of the law currently in force, is inconsistent with the art. 64 par. 2 in connection with art. 31 par. Article 3 of the Constitution of the Republic of Poland and the principle of social justice expressed in 2 of the Constitution. Article 36 (1) 1 in the above The extent of which expired on 7 January 2015.
[ 3] Currently, the title of the Act is: to support rural development with the participation of the European Agricultural Fund for Rural Development under the Rural Development Programme for 2007-2013, on the basis of art. 65 point 1 of the Act of 20 February 2015. to support rural development with the participation of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020 (Dz. U. of 2017 items 562, of late. zm.), which entered into force on 15 March 2015.
[ 4] On the basis of the judgment of the Constitutional Court of 9 February 2010. (Journal of Laws No 24, pos. 124) Art. 37 par. 1 to the extent that the increase in the value of the property refers to the criterion of actual use of the property in situations where the purpose of the property was determined in the same way as in the local zoning plan passed before 1 January 1995, which lost power due to the expiry of the period laid down in Art. 87 (1) 3 of this Act, is inconsistent with art. 2 and Art. 32 of the Constitution of Poland Article 37 (1) 1 in the above The extent to which it expired on 15 February 2010.
