Establishment Of The Commission For The Territorial Policies

Original Language Title: Istituzione Della Commissione Per Le Politiche Territoriali

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Microsoft Word - D107-2007.doc 1 REPUBLIC OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on 20 September 2007. LAW 3 October 2007 107 ESTABLISHMENT OF THE COMMITTEE ON REGIONAL POLICY CHAPTER I (POLITICAL COMMITTEE ON TERRITORIAL) Art.1 (Purposes ) 1. this law has the following aims and objectives: a) to ensure the management of urban planning tasks of the area a precise distinction between political skills and technical-administrative functions; b) ensure greater transparency and openness in the procedures for taking decisions on urban planning and land policy; c) ensure the involvement of the resident population and those involved in economic and social sectors in the identification of the criteria and objectives underlying activity of urban planning of the territory of the Republic; d) ensure environmental and economic sustainability of territorial planning; e) to implement the European Landscape Convention, ratified by the Republic of San Marino with the Decree 3 November 2003 n. 148. Art.2 (Establishment of the Commission for Territorial Policies) 1. E 'established the Commission for Territorial Policies. 2. The Commission for Territorial Policies consists of the following members: a) the Secretary of State for Territory, the Environment and Agriculture who presides; b) seven members chosen in the form proportional between the Council Groups in the Great and General Council; c) the Castle Captain having territorial jurisdiction. If the urban project includes the territory of more Castles, may attend the Commission sitting all the captains of competent Castle. In the event that the Castle Captain verses in the incompatibility described in the fifth paragraph, the council of the competent Castle appoints a replacement. 2 3. The members referred to in subparagraphs a) and b) above are entitled to vote in respect of each practice examined by the Commission. The member referred to in subparagraph c) above is entitled to vote only in relation to public interest practices; in the case of participation in the Commission meeting of the most Captains of Castle they express in a concerted manner a single vote, who is seen as vote of abstention when the captains of Castello not have a unanimous position. 4. Each group of States referred to in point b) of the second paragraph - part of the same Council Chamber Group - may be assisted at meetings by its own expert. 5. They can be part of the Commission for Territorial Policies those who exercise the profession of Architect, Engineer, Surveyor, Surveyor Building either as freelancers or as employees of the private addictions and those who pay their activity in areas which are within ' the Commission's operational framework for Territorial Policies. 6. In addition to the experts referred to in the fourth paragraph, may attend the sessions of the Commission, at the invitation of the President but without the right to vote, the following subjects: a) the managers of the Public Offices; b) the President of the Commission for the Conservation of Monuments and Antiquities and Art Objects. 7. The President shall, with the subjects convene in the previous paragraph if it considers the need to invite them to the meetings of the Commission; it is, however, still required to call professionals or civil servants who have proceeded to project development as well as the Project Manager in the meeting fixed for the consideration of the same by the Commission. 8. Take part also to the work of the Commission, without the right to vote, a representative of the Orders and Colleges Professional operating in the urban sector. The subject indicated by the Professional Orders and Colleges, as a representative in the Commission, is replaced every year and can not be re-appointed before the expiry of a period of two years from the last post. 9. The Commission shall hold office until the end of the parliamentary term, and remains, however, a function with powers of ordinary administration until such time as will not be renewed. 10. The Commission's sessions are valid if there is an absolute majority of its members with voting rights. 11. The Commission's decisions shall be taken by open vote and a majority of
present with voting rights: in the event of a tie, the Chairman prevails. 12. 'deletion of the Planning Commission referred to in Article 5 of Law 87 of July 19, 1995. Article 3 (Powers of the Commission for Territorial Policies) 1. The Commission for Territorial Policy has the following skills: a) issue opinions supported by technical insights about the observations to the General Plan; b) in a precise and detailed sets out the objectives and purposes which the detailed plans and their variants must meet; c) approve the detailed plans and related variants after having verified, based on the provisions in the articles, environmental sustainability, the landscape compatibility, the technical and economic feasibility; d) approves the concession agreements; e) approve rates of concession contribution; f) provide opinions, as required, to the Great and General Council, the Board's committees and the Office of Planning on the application and interpretation of the law building and town planning; g) promotes public meetings with the residents in order to ensure proper information of stakeholders than urban; 3 h) defines the general lines of land management policy and priorities for action for the realization of public and private interventions aimed at a sustainable and rational use of the territory; i) adopt the regulations and the draft regulation referred to in Article 6; l) decide on any other matter attributed to it by law. Art.4 (convening procedures) 1. The Commission for Territorial Policies be convened by the President, by notice sent by registered mail to the address of each member entitled to vote and the participants at the session under the sixth, seventh and eighth paragraphs of Article 2, at least five days before the date set for the meeting. 2. The notice referred to in the previous paragraph must contain, in addition to the indication of the date, time, place of the meeting, the following information: a) if addressed to the members with voting rights, the detailed list of practices to examine and outline, but clear, precise and explanatory of the contents thereof; b) if targeting those in an advisory capacity, the brief but precise description of one or more practices in relation to which they are called upon to express their opinions and observations. 3. The Commission only examines the practices contained in the list sent, except those of public utility presented urgently by public offices. Art.5 (technical and operational support to the Commission) 1. Education of planning practices for consideration by the Commission for Territorial Policies competes Office Urbanism. 2. The competence referred to in the previous paragraph, consists, in particular, in the performance of: a) support functions and consulting services to private practitioners commissioned to draw up the draft detailed plan and its variants; b) evaluation and analysis of the costs and the burden on the State in relation to the implementation of detailed plans and their variants; c) examination and verification of project proposals for private or public initiative to be submitted to the Commission for Territorial Policies in terms of technical feasibility, the costs imposed on the State by reason of the intervention proposed and compliance with standards in town planning and construction; d) preparation of environmental impact studies related to interventions by public initiative. 3. An official from Urban performs the duties of secretary of the Commission for Territorial Policies. 4. In addition to the tasks provided for in Article 216 of Law 87 of July 19, 1995, the Town Planning Office proceeds to the planning of urban interventions to be made in the Republic on the basis of financial appropriations approved by the Great and General Council and the plan adopted by Congress State. Article 6 (Commission Regulations) 1. The Commission for Territorial Policies shall seek to: a) the rules for the examination of its jurisdiction practices; b) the policy for education of grant requests and / or authorization and the related opinions of Urban Planning Bureau's proposal; c) proposals for implementing regulations and enforcement of the rules of Law 87 of July 19, 1995 to be submitted to the State Congress for adoption in the forms provided for in Article 13 of the Qualified Law 184 of December 15, 2005. 4 2. Both regulations referred to in paragraph a) and b) must be approved
by the Commission for Territorial Policies within 90 days of entry into force of this Act. CHAPTER II PREPARATION, EXAMINATION, APPROVAL AND ADVERTISING 'PLANS DETAILED Art.7 (Article 9 of the Integration Law 87 of July 19, 1995) 1. Article 9 of the Law 87 of July 19, 1995 are added the following paragraphs: " 2. The Commission for Territorial Policies defines in detail and analytical purposes and objectives which the detailed plan or its variant must be answered by the adoption of a special resolution which identifies the principles underlying the preparation of the implementation planning instrument and criteria, procedures and general guidelines to be observed for the complete implementation of programs and procedures described in the preceding paragraph. 3. For the purposes of the adoption of the resolution referred to the upper paragraph, the Commission for Territorial Policies may convene public meetings with the population of the Castles in intervention planning and construction. 4. Public meetings referred to in the previous paragraph are aimed at the acquisition of observations and tips to set priorities and objectives to be pursued in the preparation of a draft detailed plan or its variant that ensures greater responsiveness possible to the needs of sustainable economic and social development as well as those of environmental compatibility. 5. The Planning Office shall give publicity to the above address resolution by sending to all of the affected urban residents, a public communication that reports on the same resolution text and any relevant information for the purpose of precise identification of the area intervention object. " Art.8 (Edit Article 11 of Law 87 of July 19, 1995) 1. Article 11 of Law 87 of 19 July 1995 is amended as follows: "Art.11 (Procedure for training and approval of detailed plans and the related variants) 1. development of detailed Plans is preceded by the adoption, by the Commission for Territorial Policy, of the resolution referred to in Article 9, second subparagraph on the basis of which the draft detailed plan is drawn up by private practitioners possess specific skills and knowledge of urban design technique or by the competent Public Offices. 2. For the purposes of the preparation of the implementation planning instrument, the private practitioners or competent Public Offices may use the computer, paper and map data availability in the Public Administration, subject to compliance with applicable rules on computerized collection of personal data and database management. 3. The proposed detailed plan is drawn up in relation to the entire urban area for which the intervention implementation of the General Plan, which is identified in accordance with Law 29 January 1992 7 and the Annexes as subsequently supplemented and amended; to this end, the Commission for Territorial Policies examination does not proceed with proposals for actions on individual plots of land included in the wider urban area. 5 4. The project proposal of the Detailed Plan, formed in accordance with the above paragraphs shall be signed by public or private technicians who have proceeded to the development of the waste and, if natural person, by the Project Manager. 5. The Project Manager is the natural person resident in the Republic, with specific expertise in the field of construction and urban planning, on which falls every technical responsibility and planning concerning the proposed Detailed Plan; in the case of proposed detailed plan worked out by civil servant, the Project Manager is the membership of the Executive Office predisposing technician. 6. For the purposes of the preceding paragraph, the Head of the Project written and signed by a certificate of conformity of the proposed detailed plan to all zoning regulations, building codes and environmental as well as any other regulations to be observed in the preparation of the specific instrument implementation; certificates of compliance untrue by the Project Manager entail criminal liability under the Criminal Code. 7. The proposed detailed plan for the examination and approval by the Commission for Territorial Policies, is composed of the following items: a) Explanatory Memorandum; b) implementing rules; c) the state of scale consistency 1: 1,000; d) delimitation of the blocks in scale 1: 500; e) zoning in scale 1: 500; f) planivolumetrico scale 1: 500;
g) geo-morphological assessments, vegetation and landscape of the site; h) decision of the Commission for Territorial Policies in Article 9, second paragraph; i) in the case of proposed detailed plan related to areas classified by the General Plan "homogeneous zones of historical environmental", binding opinion of the Commission for the Conservation of Monuments and Antiquities and Art Objects; l) one or more environmental impact studies referred to in Article 98, first paragraph; m) certificate of compliance referred to in the sixth paragraph; n) of the concession agreement governing the relations between the Administration and stakeholders. 8. The draft agreement referred to in subparagraph n) of the preceding paragraph provides, in accordance with the provisions of Article 45, the obligation on the part of the subject convenzionante of: a) free of surrender to the State or to persons specified by the Public Administration , the area percentages of the property affected by the detailed plan referred to in Article 45, third and fourth paragraphs, namely; b) pay to the State the amounts referred to in Article 45, fifth paragraph, namely; c) in the case of realization of property adibirsi first home run at his own expense the infrastructure works to be sold, with or without charge, to the State, or; d) free of surrender to the state a share of realizzanda structures under Article 45, sixth paragraph, namely; e) construction, on the basis of projects agreed with the Administration, of public works of a value equal to the quota referred to in letter d) to be sold to the state for free. 9. The concession agreement may also, predict - by the private convenzionante - alienability temporal constraints not on approved areas. 10. The Commission for Territorial Policies shall approve the proposal of the Detailed Plan with the following procedure: a) adoption of the preliminary draft; b) within fifteen days of the date of adoption, the Planning Office shall give publicity to the preliminary draft by exposure to the public, at the same office and at the Castle houses whose territory is affected by the intervention, and is also displayed informative posters throughout the Republic. The Planning Office is responsible for sending the documentation of successful adoption of the preliminary draft to the Council Groups and the relevant technical departments; 6 c) from the sixteenth to forty-fifth day of the adoption of the preliminary draft, the private, or public offices concerned may submit, at the Town Planning Office, any claims and observations; d) examination, on the basis of a technical reference system established in writing by the Project Manager, the appeals and the observations submitted to be made by assessing the compatibility of the same with the objectives of the preliminary draft of the Detailed Plan; e) modification of the preliminary draft of the Detailed Plan by the Technical predisposing in order to implement the actions and observations partially or fully accepted; f) integration and adaptation by the Project Manager of the attestation of conformity, signed in mind the upper sixth paragraph, in relation to changes in accordance with paragraph e); g) final approval; h) in the fifteen days following the date of final approval, the Planning Office shall give publicity to the planning instrument approved in the manner provided in subparagraph b). 11. The deadline for any appeal within the administrative jurisdiction of the Detailed Plan starts from the full knowledge of the act, which is presumed materialized with the successful publication of the final detailed plan in the forms referred to in point h) above . 12. The works of detailed plans, finally adopted, shall be deposited with the Office and Urban Planning at the / the house / and the Castle whose territory is affected by the intervention, and can be freely consulted by the public. 13. The drafting, approval and publication of the detailed plan variant occurs with the same procedures and forms required for the original instruments. "Art.9 (Access to information on the activities undertaken by the Commission for Territorial Policies and Participation in decision-making) 1. the Secretariat of State for Territory, the Environment and Agriculture shall establish within 90 days of the entry into force by this law, at the internet portal of the same Secretary of State, a page, freely searchable by service users, in order to ensure
adequate publicity to the following measures and documents: a) all resolutions adopted by the Commission for Territorial Policies; b) all implementation planning instruments finally approved; c) all of the preliminary draft detailed plan adopted; d) all of the Environmental Impact Studies; e) all decisions relating to the proceedings of the Environmental Impact Assessment. 2. The Internet page referred to in the previous paragraph will likewise contain information on the activities, initiatives and public meetings organized by the Commission for Territorial Policies and be structured so as to allow users to make comments and considerations about the activities of the Commission itself. Article 10 (Special provisions for approval of Detailed Plans) 1. Before final approval, the Commission for Territorial Policies will summon an additional public meeting with the population's / Castle / concerned / s from the project preliminary detailed plan concerning the following urban areas: a) "Zone in the Park" in Article 30 of Law 7 of 29 January 1992 and subsequent additions and modifications; b) "Zone for services" in Article 48 of Law 7 of 29 January 1992 and subsequent additions and modifications; 7 c) "Zone a special project of the public initiative" in Article 49 of Law 7 of 29 January 1992 and subsequent additions and modifications; d) "Zone in particular bond" in Article 50 of Law 7 of 29 January 1992 and subsequent additions and amendments. 2. During the meeting referred to in the previous paragraph, the Project Manager, the private professionals or civil servants who have cooperated in the preliminary draft detailed plan, as well as additional private or public invited by the Commission for Political territorial provide the necessary information about technical characteristics and on the motivations behind the adoption of certain design choices. 3. The approval of Variation to the Detailed Plan on urban areas identified in the first paragraph is subject to the same procedure of approval of the original instrument. CHAPTER III SPECIAL PROVISIONS ON THE EVALUATION OF ENVIRONMENTAL IMPACT Art.11 (Environmental Impact Study) 1. The preparation of / and relationship / s referred to in Article 98, first paragraph of Law 87 of July 19, 1995 (Environmental Impact Study ) and its / their evaluation takes place in accordance with the "Guidelines for the Study and Environmental Impact assessment", which, on a proposal from the Technical Committee, the State Congress will to enact, by means of delegated decree, within 90 days from ' entry into force of this Act. 2. The Guidelines, referred to in the previous paragraph, provide for each environmental component and landscaping appropriate parameters in order to ensure the greatest degree of objectivity in performing the environmental impact assessment. 3. The Guidelines may be modified and updated on the proposal of the Technical and Scientific Committee, in order to adapt them to technical evolution in the field, through the adoption by the decree of the State Congress chief. Art.12 (Amendments to Article 98 of Law 87 of July 19, 1995) 1. The second, third and fourth paragraphs of Article 98 of Law 87 of July 19, 1995, are replaced by the following: "2. The Environmental Impact Assessment is carried out by the Technical Committee referred to in Articles 19 and 20 of Law 126 of 16 November 1995, that performs in accordance with the provisions of the "Guidelines for Environmental Impact Assessment" issued by Congress State and on the basis of the following ways: a) making use, where appropriate, of technical advice in specific areas; b) requesting advice to the relevant departments; c) requesting additional information from the proponent and evaluation criteria; d) promoting, in cases of particular importance, public meetings; e) providing, in the final period of 60 days from the presentation of the project and its environmental impact study, the notification of the related resolution to the applicant and to the posting of the same at the Planning Office; the resolution of the Environmental Impact Assessment may contain, in addition to reliefs and observations, specific requirements in order for changes to be made to the project and additional interventions of mitigation and environmental compensation. 3. The requirements dictated by the Scientific Committee in the resolution referred to in subparagraph e) of the preceding paragraph, are binding in the examination of the project in urban planning and building purposes. 8
4. In relation to the actions referred to in Article 96, first paragraph, item 1), the Commission for Territorial Policies captures and examines the decision of the Environmental Impact Assessment of the Scientific Committee before the final approval of the implementation planning tool. The Commission for Territorial Policies fully implements the provisions contained in the resolution of the Environmental Impact Assessment and currency, according to the criteria and procedures referred to in Article 11, tenth paragraph, letter d), the comments and observations made therein that They must always be expressly mentioned in the final resolution approving the planning instrument ". CHAPTER IV FINAL PROVISIONS Art.13 (Repeals and fitting requirements) 1. E 'abrogated any provision contrary to the present law. 2. In the laws and decrees, where you have a reference to the suppressed "Planning Commission" the same is to be understood as referring to the "Commission for Territorial Policies" in Article 2 of this Act. Art.14 (Transitional provisions) 1. Proposals for Detailed Plans Detailed Plans to or variants lying at the Town Planning Office at the date of approval of this Law shall be examined according to the procedures in force at the time of their deposit in the maximum term of 90 days the entry into force of this Act. 2. The construction work on properties subject to practices approved by the Planning Commission through the adoption of architectural design, there are variants to the detailed plan in the event that do not involve changes to the surfaces, volumes, at heights and distances from the boundaries previously authorized ; practices relating to these interventions are examined directly by Urban issuing or granting planning permission in accordance with the procedures set out in Chapter V of the Law of 19 July 1995 87. Article 15 (Entry into force) 1. This law comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of October 3 2007/1707 THE CAPTAINS REGENT Mirco Tomassoni - Alberto Selva THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta