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Urban Planning Law

Original Language Title: Legge Urbanistica

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LAW November 13, 1991 140 (published November 27, 1991) Urban Planning Law


We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law passed by the Council Great and
General at its meeting of 13 November 1991.
Art. 1
Functions and content of the General Plan
The General Plan regulates the use of the entire territory of the Republic; it is
be reviewed periodically, usually every ten years.
The presentation at first reading to the Great and General Council of a new Master Plan or
a variant of the same adopted by the Congress of State, automatically suspend the validity of the forecasts and
above requirements contras or the content and modalities of the new
General Plan or the variant, until final approval on second reading of the same
tools.
The General Plan must determine the land use destinations and regulate
public and private interventions in relation to the needs of economic and social development of
community, tending to the preservation of the collective urban values, environmental and natural, as well as those
productive.
The General Plan provides for the requirement of residence, production and commercial
settlements, service indicating the amount of real estate necessary for the realization of
remaining share of new settlements.
Shall be effected in ubanizzato cordon off the area including all developed land through
continuity including those free landlocked pursuant to art. 2 of this Act.
Finally Provides identify areas intended for public facilities and collective pursuant to art.
3 and to divide the territory into homogeneous zones for each zone dictating rules
land use under Article segunte.
The General Plan identifies the areas in which each entry is subject to the prior approval of a detailed plan
.
Art. 2 Zoning

The homogeneous territorial areas referred to in the preceding article are the following:
1) the parts of the territory affected by urban areas which are of historical, artistic and environmental value or particular
from portions of them, including the surrounding areas, which can
considered an integral part, to these characteristics, the agglomerates themselves;
2) parts of the totally or partially built-up area other than the areas referred to in point 1) and
mainly residential or residential tourism;
3) the parts of the territory intended for new housing developments or mainly for residential
;
4) the parts of the territory, even if identified, to be allocated to settlements with a majority function
productive, industrial, craft, commercial;
5) the parts of the territory intended for agricultural use;
6) the parts of the territory allocated to the execution of public equipment in Article. 3
well as any other public work.
Special requirements, the General Plan may provide sub-zones as well as areas

special bond for the protection of the environment and heritage, and archeologic.
Art. 3
Standards Urbanistici
The General Plan should ensure a mandatory minimum allocation of areas for
public facilities and collective services, calculated on insediabili inhabitants, equal to: 1) for housing developments
: | || a) 4.10 mq./ab. of areas for compulsory education, kindergartens, nursery schools;
B) 3.95 mq./ab. of areas for common interess equipment, including spaces reserved for
places of worship;
C) 31 mq./ab. of areas equipped spaces to public green, play and sports;
D) 3.60 mq./ab. of areas for public parking.
2) for production sites, industrial, craft, commercial, office and tourist
, 15% of the gross floor area of ​​the planned buildings.
Art. 4

multi-annual programs implementing the multiannual implementation program contains:
a) the indication of areas and buildings to be acquired for the construction of infrastructure, the
services and public facilities, as well as the resulting costs and funding sources.
To this end, in order to achieve the most 'efficient coordination of realizations of public interventions, various
those responsible for the design, execution and maintenance of works and infrastructure
primary and secondary infrastructure must submit to the Department of Land to '
beginning of each financial year, a detailed program of the same. E 'task of this Department

Arrange for organic synthesis and tli of interrelated programs, so they are put into implementation
no waste and overlap, before its presentation and approval by the
State Congress.
B) an indication of the areas identified in the detailed plans, intended for
construction of social housing, public or through agreements, as well as settlements productive
;
C) an indication of the other areas, with residential and production use, for which it wants to start
implementation;
D) other priority interventions deemed Unexpected in previous letters.
The interventions in agricultural areas are disciplinat art. 21 of this Law.
After the approval of the multiannual program for the implementation are allowed, besides the interventions in
therein, all interventions on existing buildings, comply with the General Plan forecasts
regulator, provided that the building is not included in a detailed plan.
The multiannual implementation program may declare the compulsory nature of various activities or
works, whether or not included in detailed plans.
If within the penultimate year of the multi-year implementation program has been submitted
grant request for such oper, property, after giving notice,
will be expropriated by the procedure and the modalities set out in law 141 of 13 November 1991.
However, the Planning Commission, based on reasonable grounds, may grant the
maximum one-year extension for the realization of works.
The Congress of State may also propose to the Planning Commission, based on valuations general economic and social
, the reintegration of the works referred to in this article in the next multi-year program implementation
. The approval by the Planning Commission does
invalidate the expropriation process on properties and restores the terms.
The homogeneous sectors whose characteristics are defined by the law of the General Plan
which, pursuant to art. 7 of the Law March 15, 1980 n. 18, is attributed to the detailed plan
value, expire at the end of effective implementation of the multiannual program
.
The multiannual implementation program may be amended and supplemented at the earliest one year after its approval
.
Art. 5

Detailed Plans The detailed plans must indicate:
1) the spaces reserved for works and facilities of general interest;
2) the intervention units for the construction of new settlements and batches containing
buildings and buildings to be transformed with special related presc inherently free;
3) vehicular roads, bicycle and pedestrian, with its joints, external or internal in d
intervention units;
4) buildings intended for demolition or reconstruction, or to the restoration with the related procedures;
5) the works of primary and secondary urbanization to achieve the implementation of the settlements;
6) heights and volumes of buildings;
7) the distances from the buildings to clarification and int gration of the provisions of the rules of
General Plan;
8) cadastral lists the properties to be expropriated or to be secured;
9) the concession agreements regulating the relations between the administration and the private, the time and
ways of implementation of the works of urbanization and the assumption of related charges.
The detailed plan identifies the works and ar and for which it is necessary to
expropriation in accordance with Art. 6.
In this case the detailed plan must be co redato by explanatory report and a report
rough estimate of the expenses necessary for the acquisition of the areas and for
execution of the planned works.
Art. 6 Purpose of the detailed plans

The detailed plan can be an instrument for the implementation, in accordance with the provisions of
General Plan, to:
a) all the works of urbanization, primary and secondary, as well as any other work deemed
of general interest;
B) programs aimed at the recovery of the housing;
C) of new residential settlements programs including social housing variable tranches, public or settled
;
D) programs of new production facilities of any kind;
E) Special projects identified by the planning instrument.
The detailed plan, in order to achieve the declaration of public utility
necessary for the initiation of the expropriation procedure, is subject to the provisions that require it, the
procedure under Article. 4 of Law 141 of 13 November 1991.

Art. 7
Implementation of the detailed plan

The works referred to in subparagraph a) of the previous article are normally carried out directly by
State.
In areas where the General Plan preved implementation through detailed plans, no concessions
edificatoria, subject to interventions on the existing listed in the second paragraph of art.
3, it may be issued in the same areas before the detailed plan approval.
The implementation of the programs referred to in subparagraphs b); c); d), e) can be done either directly by
by the State or by private persons.
The properties included in the detailed plan n subject to expropriation is permitted by
of which qualify the preventive or directed in accordance with the requirements of implementing rules
of the detailed plan.
The preventive intervention in the preceding paragraph consists in developing a plan urban
detail extended to the entire area of ​​intervention identified by the detailed plan and
equipped with an agreement governing the execution of the works urbanization.
This plan is approved by the City Planning Commission.
The concession granting construction is regulated by art. 11.
For buildings and areas subject to expropriation, the State established the quota reserved
any direct intervention, shall surrender the remainder to those who require it, staring in separate
notice the criteria of preference, among which you will have to take account of their status as
expropriated.
The allocation to private applicants Realty d in the previous paragraph is based on
of a convention, whose type scheme constitutes an annex to the detailed plan which will
provide, unless others, the following elements:
a) design data and typological characteristics of the buildings to be built;
B) the criteria for the determination and periodical review of rents and for
determining the sale price of the buildings, where it is permitted;
C) The cases in which the non-compliance results in the resolution of the disposition;
D) any exemptions granted, total or partial, of the contribution in art. 3 of Law 15 March 1980 n. 18
for special interventions;
E) the duration of the validity of the agreement.
If the transferee intends to transfer the property must notify his intention to
State Congress which within a period of 60 days., May exercise the right of first refusal.
In case of violation of the provisions of the preceding paragraph the State may get
re-transfer of the property to the detriment dell'acquirent and any subsequent assignee
within two years from the transcript of the contract to an equal amount the conventional
sale price.
Art. 8
Concession and authorization to build
The granting of art. 2 of Law 18 of March 15, 1980 is required for all interventions
exceeding the extraordinary maintenance performed by any person including the State Administration
, also in execution of detailed plans.
The works of extraordinary maintenance that is required simple free consent, the Article
. 6 of the law 15 March 1980 n. 18, are the works and the changes necessary to renew or replace
also structural parts of difici as well as works and changes to
implement and integrate sanitation and technological services without adversely affecting trading volumes and | || surfaces of individual units, and provided that the intended end-use is between
those provided by the General Plan for the area in which the intervention falls.
Are excepted from the previous paragraph of the work on properties subject to special restrictions under
laws of the environmental heritage protection, storic, artistic and archaeological heritage.
Ordinary maintenance works are carried out upon previous complaint to the Commission
Technical Construction.
The signing of the agreement referred to in point g) of art. 15 is a condition for the release of
concession to build.
Art. 9
concession Contribution
The concession contribution art. 3 of Law 15 March 1980 n.
18 is determined at the time of the release of the single grant on the basis of scales approved by the City Planning Commission
.
These tables are drawn up taking into account:
a) of the features and destinations in sub area in which is divided the territory of the Republic
;
B) the consistency of the works of primary urbanization and existing secondary in the area
assessed in relation to the overall urban planning standards;

C) of the structural and the Dest one building, as well as any other element relevant
on the economic and social level.
In the absence of the primary infrastructure works of art. 10 afferent "the lottery",
the Administration will impose the applicant of the direct execution of the works themselves.
In this case the contribution will be reduced by up to a maximum of 50%.
It 'always saves the Administration the right to agree with the dealer, to offset the whole or part of the contribution
, the direct execution of other infrastructure works or application
by the concessionaire of selling prices or c noni predetermined location by a
Convention kind prepared by the Planning Commission.
Art. 10
Urban Redevelopment
They are primary infrastructure works:
a) residential streets;
B) parking spaces or parking;
C) sewers;
D) water supply;
E) electric power and gas distribution network;
F) public lighting;
G) equipped green.
They are secondary infrastructure works:
a) nursery schools and kindergartens;
B) primary schools;
C) at territorial level health facilities (state hospital);
D) technological systems;
E) mesh systems (water, gas, electricity, telecommunications, sewage and other);
F) sports centers at the regional level;
G) green areas.
They are works and territorial equipment of collective interest:
a) markets;
B) Administration branch offices;
C) buildings for worship;
D) sports and recreational facilities at the local level;
Art. 11
Issue and content of the license to build
Anyone wishing to obtain a license to build pr must submit the appropriate application to the Commission
Construction Technique accompanied by project works necessary for the description of the work.
The Planning Commission will have a detailed list of the documents and Annexes
produce.
The Construction of the Technical Commission determinations will have to be communicated to the
within 90 days. the date of the application or from the date of submission of any additional documents
which may be required in a solv ta and published in summary form in the appropriate register
in the headquarters of the Office and Urban Planning at the lle d of Castle Homes locations. It 'may be challenged by
anyone interested to the same Commission in t rmine mandatory 10 days. by
publication or from the date of notification of the resolution.
In the grant letter indicating the terms of commencement and completion of the work.
In concessions involving the payment of the contribution and the execution of infrastructure works
pursuant to art. 9 shall be governed:
a) the manner and timing of the payment of contributions in accordance with art. 5 of Law 15 March 1980 n
. 18;
B) an indication of the works to be carried out directly, as well as the time and manner of their implementation
;
C) the financial security to be given to cover any obligations arising from the grant.
In the event of non-use of the concession, the Administration will retain the first installment of the contribution paid
when granted, unless chel'interessato ask renewal, in which case that
sum will be credited to the account new contribution.
They are subject to various penalties for breach of the conventions of art. 7.
Art.

12 Penalties Without prejudice to the penalties of Law 15 March 1980 n. 18, the non-payment of contributions in
terms of art. 11 involves:
a) the payment of interest equal to the current discount rate if it is paid in subsequent
30 days;
B) the payment of a penalty equal to one third (1/3) of the total contribution
when the delay is prolonged beyond that period.
The penalties referred to in the preceding paragraph are applied by the Building Research Commission whose
art.
17. In case of non-fulfillment of the obligation to execution of urbanization in art. 9, third and fourth paragraphs
, the Administration may run the op kings themselves to the detriment of the concessionaire
using, for this purpose, the financial guarantees referred to in subparagraph c) of the previous article except in
final adjustments, and also will apply the penalties referred to in the preceding paragraph.
Art. 13
of the General Plan of formation process and its variants
The draft General Plan is normally composed as follows:
a) general plan of scale framing 1: 25.000;
B) General zoning plan 1: 5,000;
C) any floor plans and / or attached specifications and pr lating.

The cartography is drawn up by the Office Urbanism with the help of the Information System Territorial
set forth in art. 19.
This project, presented by the Congress of State that uses the Office of Urban art.
18, is subjected at first reading to the Great and General Council, after which it is deposited in the public view
Urban Planning at the Office for a period of 40 days. consecutive
.
Within the 30 days. Subsequent anyone can submit oss rvazioni to improve the project planning
about any errors and / or omissions contained in cartography, which are examined by the
Planning Commission, which expresses on it and send them reasoned opinions,
together with the comments, to the Great and General Council. The process ends with the approval of the General Plan
by the Great and General Council.
Art. 14
procedure training and adoption of the multiannual programm implementation
The multi-year implementation program consists of the following elements:
a) General report
b) Cartography
c) financial report.
The Congress of State shall adopt the draft of the multiannual program for the implementation and forward it for approval to the Planning Commission
in art. 16 which approves
absolute majority of its members. The approved program is subject to forms of publication referred to the Law
May 5, 1979 n. 26, and is deposited, for the entire period of its validity, at
Department of Land and Environment.
Art.
15 Procedure for approval of the plans and training part colareggiati and related variants
The detailed plans will normally consist of the following elements:
a) Explanatory report
b) Implementing rules
c ) consistence State in scale 1: 2,000
d) Boundaries of the blocks at 1: 1,000
e) Zoning scale 1: 1,000
f) Planivolumetrico scale 1: 1,000
g) Scheme Convention governing the relations between the Administration and stakeholders.
(This draft agreement will, among other things, include: the obligation on the part of the subject
agreement to cede, free or not, the Stat or persons specified by the Administration
Public, units real estate; alienability temporal constraints not on approved areas;
obligation to execution of infrastructure works to be sold, with or without charge, to the State).
The detailed plans and their variants will be approved with the following procedure:
1) approved the first reading of the Planning Commission;
2) in the fifteen days following the date of approval at first reading public display
at the Planning Office;
3) from the sixteenth to the thirtieth day after their adoption at first reading it is allowed
presentation at the Town Planning Office of any appeals;
4) examination of applications, any amendments and approvazi it definitively on second reading by
of the Planning Commission, following adoption of the State Congress.
The variants of the detailed plans will ess King approved the extent they have proved technically necessary
.
Art. 16 Planning Commission
:
The composition and operation of the Planning Commission is composed of members elec by and within the Great and General Council and consists
:
a) by the Member of the Land and Environment who presides ;
B) seven members chosen shape proportional between the groups in the Board's
Great and General Council.
Each group of members referred to in subparagraphs a) and b, is entitled to be present at any meeting of its experts
.
It 'incompatible with appointment as a member of the Commission, the exercise is in free form private
subject of an architect, engineer, surveyor, structural engineer and more' in general
operations in the areas of close technical relevance of the Commission.
In addition to the members referred to in paragraph 1, the Commission through its Chairman, whenever
if it considers it necessary, may invite to its meetings, but without voting rights:
- the Manager of ' office programming;
- The City Planning Office Manager;
- The Office Planning Manager;
- The Technical Manager of the Land Registry Office;
- The Director of Museums, Art Galleries and Museums;
- The Environmental Health Service Executive;
- The Director of the Library and Environment;
- The President of the Commission for the Conservation of Monuments and Works of Art;
- The Director of Agricultural;
- The Director of Public Archives.

The Commission shall hold office until the dissolution of the Council Great and General and in any case
until the next election of the new Commission.
The Planning Commission gives its opinion on ossrvazioni the General Plan;
Approve the multiannual implementation plans, detailed plans, the concession agreements,
rates of grant contribution and shall decide on any other matter attributed to it by law.
The Planning Commission shall be convened by its President, by a notice to be sent by registered letter
the address of each member at least five days before the date set for the meeting
.
The notice must contain, in addition to the date, time, place of the meeting, including a detailed list
practices to be examined, and a brief description, but clear and precise content of the
same.
In case of equality of votes, that of the nte Presid.
The Commission's sessions are valid if there is an absolute majority of its members with voting rights
.
Acts as the Secretary of the Commission u Urban Planning Bureau official functions.
Within six months after entry into force of this Act the Planning Commission which uses
Office Urbanism will have specific regulations for the submission of dossiers.
Art. 17
Commission Composition Technique Construction Construction
The Technical Committee is composed as follows:
1) by a member, the chairman, appointed by the Great and General Council, for a three year renewable
, which has knowledge of E Ilizia and Urban sector;
2) from the Office Planning Manager;
3) from City Planning Office Manager;
4) by the Office of Technical Manager of the Land Registry;
5) by the Director of Agricultural;
6) from the Environment Health Service Executive;
7) from the Institutional and Legislative Studies Office Manager and Legal Assistance.
The Commission Construction Technique is entrusted with the powers and responsibilities provided by law.
With tasks of the minutes, without the right to vote took part in the Commission a technical
Urban Planning Bureau, Section building practices, designated by the Commission.
The President shall convene the Technical Construction Commission on the basis of programs agreed with
Urban Planning Bureau, the end of a constant progress of the same office functions.
The Commission shall act by a majority; in case of equality of votes, the President.
Art. 18

The Office of Urban Planning Office has the following functions:
a) elaboration of the General Urban Plan projects and its variants;
B) elaboration of detailed plans;
C) management of detailed plans, the conve tions, licenses and concessions;
D) development and updating of data and cartography;
E) any other tasks assigned in relation to Pi no Controller General;
F) study of building practices presented to the Commission Construction Technique and forwarding them;
G) completion of any other tasks necessary education of the same building practices;
H) conduct of cadastral surveys and research;
I) performing inspections related to the same practices;
L) formulation of instructors opinions;
M) performance of clerical duties and instruction on the
Planning Commission of competence practices;
N) control inspections and daily check on the territory;
O) coordination with neighboring actually about the pr urban visions that affect the choices of planning
in San Marino.
Art. 19

In Geographic Information System Department of the Territory is established the "Operational Unit" of the Territorial Information System
(SIT).
To it has the following functions:
a) management of the third database in the Republic of San Marino;
B) analysis of issues relating to the use of SIT by users Offices,
proposing their solutions;
C) formation of the act for the personal use of the SIT and "Work-Station";
D) the design of future expansions, with the collaboration of the offices that will be
interested in the project of computerization territorial ial;
E) verify the consistency of the data is cartographic and alphanumeric from various entities,
before finalizing the inclusion in the system;
F) proposals for updates and extensions of the software and participation in the relevant
refresher courses.
No later than six months after entry into force of this Act the Department of
Territory, in collaboration with the SIT operational nucleus and the State Computer Center

(CIS), must prepare specific regulations for the use of geographic information system.
The regulation it must be approved by the State Congress before its application by
part of the offices concerned.
Collaborates with the SIT AASS and an official appointed by an official designated by AASP
, in order to constantly update the database with all information relating to
network plants.
Art. 20

professional Figures In order to make SIT new professionals are set operational, as planned
annex to this law.
Art. 21
Zone Agricole
In agricultural areas interventions involving nu there settlements or new plants
processing or farming or related to a radical transformation of the agricultural run
are allowed after approvazine by an agricultural restructuring plan for private initiative of the Town Planning Commission
.
These plans shall, according to the production needs of the company, the quality and quantity
of infrastructure and construction projects needed for their development; they are accompanied by an agreement between
Administration and applicants to regulate the manner and timing of implementation of the works of primary urbanization
and the necessary general accommodations.
These plans are valid for five years and are subject to the prior opinion of
Agrarian Commission.
They have to define:
- the spaces intended for residential buildings;
- The spaces for corporate buildings and to any processing plants;
- Farm production, growing department and service infrastructure;
- The size of the land constituting the company.
The papers and documents that form the floors are indicated by the General Plan.
Art.

22 Transitional rules The Commission Technique Construction is delegated the assessment of the impact on the landscape, scenic and architectural
interventions subject to Company grant, until the approval of a special law to be submitted
examination by the Great and General Council by
twelve months after the entry into force of this Act.
For environmental reasons, the Construction Technical Commission may require design changes
, also departing from the rules in force.
An appeal against the changes required by the Technical Building Commission in the preceding paragraph is
possible to appeal to the Planning Commission, which shall act by making use of expert advice in the field
.
During the procedure for approval of detailed plans, the Commission Technical Construction was held
to express opinion on the construction mode to avoid such environmental and landscape issues
.
Art.

23 Repealing provisions With the entry into force of this Act are abr gate the following standards:
- Law 16 July 1980 n. 53;
- Law 24 March 1981 n. 25;
- Decree 8 April 1983 n. 52;
- Art. 8 of the law 29 July 1983 n. 75;
- Art. 2 of the Decree of 3 October 1984 n. 86;
- Law 29 September 1986 n. 106;
Well as all other rules and provision contrary.
Art. 24
This Law shall enter into force on 31 January 1992.
Our Residence, this day of 14 November 1991/1691 Foundation of the Republic THE CAPTAINS REGENT

Edda Ceccoli - Marino Riccardi
SECRETARY STATE FOR INTERNAL AFFAIRS


Alvaro Selva ANNEX

To supplement Appendix "A" to the law 20 November 1982 n. 100 - Title VI - part of
Department of the following staff positions Territory:
PERSONNEL DEPARTMENT
Places n. 3 - Technical Expert of the Geographical Information System
.
Features: - Manages the third largest bank
- Performs performance based on plans drawn up by the Offices of the

Department.
Special provisions: - Each expert and 'responsible

database of a sector of the Department of
Territory (Land Registry,
Planning, Urbanism
), on the basis


experience gained in Public Administration.
- Flexible hours to optimizing the use


hardware.
- Internal competition.
Qualification: - Diploma of surveyor experienced in the five-year


Public Administration.
- Certificate of professional qualification


for the management of the SIT in the function

Department.
Materials examination: - Vocational subjects,
law of the land.
Salary level: 8 ^.

PLANNING OFFICE Places n. 1 - Department Manager Urban
Functions: - Collaborate with the Executive
organization, regulation and

Preservation of soil and water, as well as
'
implementation of the Master Plan and its forecast.
- Care and coordinates relations with
reality 'in reference to neighboring

urban forecasts that have an impact on the choices of

planning in the territory of San Marino.
-
It replaces the Office Manager in his absence.
Special provisions:
Qualifications: - Bachelor's degree in architecture or urban planning.
Materials Examination: - Planning, legislation on the territory,
administrative law elements.
Qualification:
- Technical Manager.
Salary level: 9 ^.
Places n. 2 - Technical Operator.
Functions: - Provides inspection functions and activities
'control General
the territory.
- Prepares and educates

practices relating to any irregularities 'found
as well as'
prepares the minutes Control

result of inspections carried out on
yards.
Special provisions: - Daily trips for inspections.
- Flexibility 'time in

according to the needs of the service.
Qualifications: - surveyor diploma.
Materials examination: - Vocational subjects,
legislation on the territory, institutions of administrative law
.
Qualifications: - Technical Collaborator.
Salary level: 7 ^.
Places n. 1 - Operator of door
Features: - Plays Counter service in connection with the geographic information system and


shall in particular acceptance of Applications for
and / or || | planning permission as well as'
to the release of documents copy
.
- Relations care with the engineers and the public about
requests or release

documentation produced through the Geographic Information System
.
Special provisions:
Qualifications: - High school diploma.
- Certificate of professional qualification


for the management of the SIT, in

function in the Department.
Materials examination: - Vocational subjects,
law of the land, elements
administrative law.
Salary level: 6 ^