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Law No. 289 Of 7 July 2006 Amending And Supplementing Law No. 350/2001 Concerning Spatial Planning And Urbanism

Original Language Title:  LEGE nr. 289 din 7 iulie 2006 pentru modificarea şi completarea Legii nr. 350/2001 privind amenajarea teritoriului şi urbanismul

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LEGE no. 289 289 of 7 July 2006 to amend and supplement Law no. 350/2001 on spatial planning and urban planning
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 606 606 of 13 July 2006



The Romanian Parliament adopts this law + Article I Law no. 350/2001 on spatial planning and urbanism, published in the Official Gazette of Romania, Part I, no. 373 of 10 July 2001, with subsequent additions, shall be amended and supplemented as follows: 1. In Article 2, paragraph 3 shall read as follows: "" 3. The management is carried out by means of spatial planning and urbanism, which constitute complexes of complex activities of general interest that contribute to balanced spatial development, to the protection of natural heritage and built, to improve living conditions in urban and rural areas, as well as to ensure territorial cohesion at regional, national and European level. " 2. In Article 9, letter c) shall read as follows: " c) responsible management of natural resources, environmental protection and cultural landscape; '. 3. In Article 9, after letter d) a new letter is inserted, letter e), with the following contents: "e) conservation and development of cultural diversity." 4. Article 14 shall read as follows: "" Art. 14. -(1) The main activities of spatial planning and urbanism consist in the transposition to the entire national territory of strategies, policies and programs of sustainable development in spatial profile, as well as the pursuit of application to them in accordance with the legally approved legal documentation. (2) The sustainable development policies in the spatial profile referred to in par. (1) is based on Romania's strategic concept of spatial development. (3) In the implementation process, Romania's strategic concept of spatial development will be based on: a) a system of indicators to substantiate the decision-making process; b) a methodology for prioritizing projects. " 5. Article 18 shall read as follows: "" Art. 18. -(1) The Ministry of Transport, Construction and Tourism is the specialized body of the Government in the field of spatial planning and urbanism, having in this capacity the following tasks: a) elaboration of Romania's strategic concept of spatial development; b) elaboration of the National Spatial Planning Plan; c) elaboration of the Regional Planning Plan, which substantiates the regional development plans; d) elaboration of the general urban planning regulation; e) the approval of draft normative acts related to the activity of spatial planning and urbanism; f) collaboration with the ministries, as well as with the other bodies of the central public administration, for the foundation, in terms of spatial planning and urbanism, of the sectoral strategic programs; g) collaboration with regional development boards, county councils and local councils, as well as tracking how government programs and guidelines apply in the field of spatial planning and urban planning. regional, county and local level; h) the approval of the spatial planning and urban planning documentation, according to the competences established by this law. (2) In order to ensure the coherence of regional development measures in the development of the national territory, the Ministry of Transport, Construction and Tourism: a) will appoint a representative to the National Council for Regional Development; b) will designate a representative without the right to vote, who will be part of the councils for regional development; c) will delegate from its own structures, for regional development agencies, at least one specialist in spatial planning and urbanism. " 6. Article 32 shall read as follows: "" Art. 32. -(1) If a derogation from the provisions of urban planning documentation approved for that area is requested by the submitted documentation, the urbanism certificate may require the elaboration of another urban planning documentation by to justify and demonstrate the possibility of the requested urban intervention. After the approval of the new urban planning documentation-Zonal urban plan or detailed urban plan-the technical documentation can be drawn up in order to obtain the building permit. (2) The new urban planning documentation, including the requested intervention, can be approved only after a period of 12 months from the date of approval of the initial urbanism documentation. (3) Amendments to the regulations of the General Urban Plan on the percentage of land occupancy (POT) and distances from the lateral and posterior limits of the plot are established by the detailed urban plan, and those brought the building regime, the function of the area, the maximum permissible height, the land use coefficient (CUT) and the withdrawal of buildings from the alignment shall be established by the area urban planning plans. " 7. In Article 37, paragraphs 1, 2 and 3 shall read as follows: "" Art. 37. -(1) In order to improve the quality of the decision on sustainable spatial development, in the coordination of the presidents of the county councils and mayors of municipalities and cities, respectively of the general mayor of Bucharest, is the technical commission for spatial planning and urbanism, as an advisory body with powers of approval, technical expertise and consultancy. (2) The technical commission for spatial planning and urbanism consists of specialists in the field of spatial planning and urbanism, the secretariat of the commission being provided by the specialized structure subordinated to the chief architect. (3) The nominal component of the Technical Commission for the spatial planning and urban planning and the operating regulations shall be approved by the county council, the municipal city council, the city, respectively by the General Council of Bucharest, at the proposal of the president of the county council, of the mayor, respectively of the general mayor of Bucharest, based on the recommendations of the professional associations in the field of territorial planning, urban planning, higher education and the chief architect. " 8. In Article 38, paragraphs 2 ^ 1 and 3 shall read as follows: "" (2 ^ 1) The Register of Urbanists in Romania is established as a public institution, autonomous, with legal personality, fully financed from its own income, which is constituted from the rates of attestation or examination in order to acquire the right of signature, registration in the Register of urbanists and the exercise of the right of signature, as well as from other legal sources. (3) The Regulation on the acquisition of the right of signature, as well as the Regulation on the organization and functioning of the Register of Urbanists in Romania, is approved by decision of the management body of the Register of Urbanists in Romania, with the opinion of the Ministry of Transport, Construction and Tourism, and will be published in the Official Gazette of Romania, Part I. " 9. In Article 46, letter f) of paragraph 2 shall read as follows: " f) establishment of protected areas and protection of historical monuments and archaeological sites spotted; '. 10. in Article 46, after letter h) of paragraph (2), a new letter, letter i) is inserted, with the following contents: "" i) areas of natural risk bounded and declared in accordance with the law, as well as specific measures to prevent and mitigate risks, land use and construction in these areas. " 11. In Article 46, after the letter c) of paragraph (3), a new letter, letter d) is inserted, with the following contents: " d) the areas of natural risk delimited and declared in accordance with the law, as well as specific measures concerning the prevention and mitigation of risks, the use of land and the construction of buildings in these areas. 12. Article 51 shall read as follows: "" Art. 51. -(1) The activities of spatial planning and urbanism, provided for in this law, shall be financed from the local budgets of the administrative-territorial units, from the state budget and from their own incomes constituted at the Ministry of Transport, Construction and Tourism, based on art. 40 40 of Law no. 10/1995 on quality in construction, as amended, as well as, as the case may be, of legal and natural persons interested in the development of a locality or an area within it. (2) Local public administration authorities have the obligation to provide in the annual budgets funds for the development or updating, as the case may be, of the plans for the arrangement of the territory, the urban planning plans, the natural risk maps, as well as the the necessary substantiation studies in order to develop them. (3) In order to co-finance from the state budget the risk/hazard maps, the Ministry of Transport, Construction and Tourism will develop methodological norms for the co-financing of risk/hazard maps, which will be approved by Government decision. " 13. Article 55 shall read as follows: "" Art. 55. -(1) The financing of spatial planning and urban planning documentation of particular nature, for areas and localities that require complex research and studies, is also made of funds for research, regional development and others, in the conditions set by the Ministries and other factors involved. (2) In the case of approved urban planning documentation, the acquiring entity may organize, under the law, a contest of solutions for urban illustration, open to specialists in the field of architecture and urbanism, financed by the same funds provided in par. ((1). ' 14. in Article 57, points a) and b) of paragraph 1 shall read as follows: " a) informing the population, at least by display at the town hall and public announcement in the press b) consultation of the population, prior to the approval of urban planning and spatial planning documentation; ". 15. In Article 59, letter c) shall read as follows: "c) the content of the urban planning documentation to be submitted for approval, as well as of the approved documentation, according to the law." 16. In Article 62, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) In case of non-updating of urban planning documentation until the expiry of the validity periods provided for by the decisions approving them, the issuance of building/abolition permits shall be suspended, according to the law." 17. Article 63 shall read as follows: "" Art. 63. -(1) The violation of the provisions of this law attracts civil, contravention, disciplinary, administrative or criminal liability, as appropriate, according to the law. (2) The following facts are contraventions: a) the refusal of public institutions to provide information that, by their nature, is public, for the proper conduct of the activity of spatial planning and urbanism; b) submission for approval or approval of an incomplete urbanism documentation or containing erroneous data; c) approval and approval of spatial planning and urban planning documents signed by persons other than those established by law; d) failure to perform the duties on the exercise of control over the observance of the spatial planning and urban planning documentation; e) failure to take the measures provided by law in case of non-compliance with the provisions of the territorial planning and urban planning documentation. " 18. After Article 63, two new articles are inserted, Articles 63 ^ 1 and 63 ^ 2, with the following contents: "" Art. 63 63 ^ 1. -The contraventions provided in art. 63 63 para. (2) shall be sanctioned as follows: a) non-compliance with a) and b), with a fine of 1,000 lei to 3,000 lei; b) non-compliance with c), with a fine of 1,000 lei to 9,000 lei; c) non-compliance with d) and e), with a fine of 1,000 lei to 2,500 lei. Art. 63 ^ 2. -Contraventions provided in art. 63 63 para. (2) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " 19. Article 64 shall read as follows: "" Art. 64. -(1) The facts of violation of this law are found by the control bodies of the territorial and urban planning activity of the county and local councils, by representatives of the specialized public institutions of the authorities plants involved in the endorsement, as well as the State Inspectorate in Construction. (2) The documentation of spatial planning and urbanism approved without the opinions provided by the regulations in force are void. " 20. Annex no. 1 " Categories of spatial planning and urban planning documentation. Powers of approval and their approval " shall read as follows: " ANNEX No. 1 *) CATEGORIES OF SPATIAL PLANNING AND URBAN PLANNING DOCUMENTATION COMPETENT FOR APPROVAL AND APPROVAL THEREOF No. crt. Categories of documentationsOpinion 0123 A. Planning of the territory ▪ Spatial Planning Plan 1NationalGovernment 2Zonal Parliament▪Ministry of Transport, Construction and Tourism▪County Councils ▪Regional or inter-county ▪▪Intercity or intercommunal councils▪Central and territorial bodies interested▪General Council of Bucharest ▪Frontalier ▪Metropolitan, periurban of the main municipalities and cities of 3County▪ Construction and Tourism▪- ▪Council of the ▪Council General of Bucharest ▪Central and territorial bodies interested B. Urbanism ▪ General urban plan and local regulation related to it 4Municipality of Bucharest▪Ministry of Transport, Construction and Tourism▪General Council of ▪▪The Ministry of Transport, Construction and Tourism▪Local Council of the Municipality of ▪ ▪County Council ▪Central and Territorial Bodies Interested 6City▪ ▪Local Council of the city ▪Central bodies and ▪The local council of ▪The local council of ▪central and local bodies interested in 8Municipii, cities and communes that include spa/tourist resorts declared▪ ▪The local council of the municipality/city/commune, as the case may be ▪The county council ▪Central and territorial bodies interested ▪ Local urban plan and local regulation related to it 9The central area of the city of Bucharest, as well as other functional areas of interest▪Ministry of Transport, Construction and ▪General Council of the Municipality of Bucharest ▪Central and territorial bodies interested 10The central area of the▪and other functional areas of interest▪ ▪▪Central area of the city, village, as well as other functional areas of interest▪Central and territorial bodies interested▪Local or communal councils ▪ ▪ 12 12▪Protected areas or on which a type of restriction, as well as those exceeding the limit of an administrative-territorial unit▪Ministry of Transport, Construction and Tourism▪Local Councils ▪General Council of Bucharest Municipality ▪ ▪ ▪▪Protected areas or on which a type of restriction was established, as well as those exceeding the limit of an administrative-territorial unit, for the city of Bucharest ▪ historical monuments and those that are located in protected areas▪ ▪Local Councils ▪Ministry of Culture and Religious Affairs▪General Council of Bucharest Municipality ▪Imobile ranked in the list of historical monuments and those that are located in protected areas, for the city of Bucharest▪ ▪Local Councils▪▪Local Councils C. Urban Planning Regulation 15General Urban Planning Regulation▪Ministry of Transport, Construction and Tourism▪Government " ▪Central and territorial bodies Interested 21. Annex no. 2 "Definition of the terms used in the law", after the term "protection zone", a new term is introduced with the following contents: "-The natural risk zone-areal delimited geographically, within which there is a potential for the production of destructive natural phenomena that can affect the population, human activities, the natural and the built environment and can cause damage and casualties human. " + Article II Law no. 350/2001 on the arrangement of the territory and the urbanism, with subsequent additions, as well as with the amendments and completions brought by this law will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article III On the date of publication in the Official Gazette of Romania, Part I, of the decision of the management body of the Romanian Register of Urbanists for the approval of the Regulation on the acquisition of the right of signature, as well as of the the organization and functioning of the Romanian Register of Urbanists, Government Decision no. 1.519/2004 for the approval of the Regulation on the acquisition of the right of signature for the territorial and urban planning documentation and of the Regulation on the organization and functioning of the Romanian Register of Urbanists, published in Official Gazette of Romania, Part I, no. 961 of 20 October 2004, shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 7, 2006. No. 289. -------