Rs 510.51 Order Of 13 December 1999 On The Procedure For Approval Of The Plans Of Military Constructions (Ordinance On The Approval Of Military Construction, Oapcm Plans)

Original Language Title: RS 510.51 Ordonnance du 13 décembre 1999 concernant la procédure d’approbation des plans de constructions militaires (Ordonnance concernant l’approbation des plans de constructions militaires, OAPCM)

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510.51 order on the procedure for approval of the plans military deconstructions (Ordinance on the approval of military construction, OAPCM plans), December 13, 1999 (status on 1 July 2008) the Swiss federal Council, view the art. 126 to 130 and 151, al. 4, of the Federal Act of 3 February 1995 on the army and military administration (LAAM), stop: Chapter 1 provisions general art. 1 purpose and scope of application the present order rule the procedure for approval of the plans of buildings and facilities, built, modified or reassigned for purposes essentially military.
It is notably buildings and facilities: a. which are used directly to the employment or to the Army combat leadership; (b) that allow to prepare, carry out and support the commitment or driving to the Army combat, namely all the buildings and facilities serving to supply, health service, communications, transport and territorial army service; c. serving military training; d. which are directly necessary to a comply with operation the law and regular buildings and facilities referred to in the let. a to c.

Art. 2 approval authority the federal Department of defence, protection of the population and sports (DDPS) is the approval authority.

Art. 3 kinds of procedure and law applicable in General, the ordinary procedure for approval of the plans is applicable. It can also contain elements of the procedure of expropriation (combined).
The simplified procedure for approval of the plans apply to the cases provided for in art. 128, al. 1 and 2, LAAM.
The requirements of the Federal Act of 20 December 1968 on administrative procedure shall apply in the alternative.
As far as civilian operations should be subject to the procedure for approval of the plans of military constructions, the substantive provisions of the law on the land, including the art. 22 and 24 of the Act of June 22, 1979 on the development of the territory, are applicable.

RS 172.021 RS 700 art. 4 protection of military works the simplified procedure for approval of the plans (art. 128a LAAM) is applicable by analogy, subject to respect for the rules of the secret backup. The cantons, municipalities and third parties must be consulted in case of need.
The approval authority may determine loads and conditions.

Art. 5 projects not subject to authorisation are not subject to authorization insofar as the interests worthy of protection of the planning, the environment or third parties are not compromised: a. ordinary buildings and facilities maintenance; b. the light construction or assignment changes; c. the small facilities; d. Securities buildings planned for a period of 18 months at the most.

In case of doubt, the decision rests with the approval authority.

Art. 6 plan sectoral military the DDPS provides, through military sector plan, the planning and the general definition of military projects with major effects on the Organization of the territory and the environment. This rule does not apply to projects subject to the Federal law of June 23, 1950, on the protection of military works.
The classification of a project in the military sector plan in category 'set coordination' should, in principle, take place before the filing of the application for approval of the plans.
The approval of plans for a project which is part of the sectoral plan depends on its ranking in category 'coordination set' in the military sector plan.
In the case of projects under the sectoral plan for which a study of the impact on the environment should be performed in parallel, the sectoral plan procedure cannot, in principle, be opened only after presentation of the results of the preliminary investigation, in the sense of art. 8 of the Ordinance on October 19, 1988 to the study of the impact on the environment.
The approval authority shall ensure coordination between the procedures of the sectoral plan and the approval of the plans.

RS 510.518 RS 814.011 Chapter 2 ordinary Procedure for approval of the plans Section 1 review preliminary art. 7. the duly request must be filed timely with the approval authority. In particular, it must contain: a. a general description of the project and the rationale for the needs and the necessary link with the place chosen; b. an extract from a map 1:25 000 on the place affected by the project; c. plans on the real state of affairs d. preliminary studies and projects databases; e. information on the interests that the construction and operation could threaten; f. information on the measures that could be be required to protect workers.

On the basis of the documents filed, the approval authority to pronounce in particular on: a. the applicable procedure; b. the need for a study of the impact on the environment; (c) the need to treat the project as part of the military sector plan; (d) the opportunity to conduct further investigations.

The approval authority may consult other federal authorities or order participation early population or other groups concerned.
It may require that the documents be supplemented or revised.

Section 2 claim art. 8 filing of the application, including all required documents, is back, as a general rule in eight copies, timely approval authority.
The approval authority may require that the documents be supplemented or revised.

Art. 9 contents of application the application must, in particular, contain the data, and the following documents: a. the name and address of the owners of the land, the construction and building services, the Organization of users and the author of the project; (b) a detailed description of the project, including the arguments justifying the request and the necessary link with the place chosen , as well as information on the type of construction and the main materials used; c. an excerpt of a map 1:25 000 with the place and details of the project; d. a site plan (real situation and proposed situation) with designation of the surrounding plots; (e) the name of the Commons and the plots concerned with the number of the Folio of the land register; f. the project plans numbered signed and dated, typically on the scale 1: 100; g. report of the study of the impact on the environment within the meaning of the Ordinance on October 19, 1988 to the study of the impact on the environment, or a report on the effects of construction and operation on the Organization of the territory and the environment, as well as on the measures provided for in this area, including the eventual results of the reviews sites contaminated sound pollution, violations brought to land, air and waters, and the risk analyses, in accordance with the Ordinance of 27 February 1991 on major accidents; h. construction and effects of exploitation on third parties, as well as the measures in this area; i. measures to protect the health of workers and to ensure their security; j. a description of servicing as well as pipes and fittings necessary; k. a description of landscaping; l. energy designs, wastewater and disposal waste; Mr. Requests clearing along with the data required by the directives provided for in art. 5 of the order of 30 November 1992 on forests; n. classification in the military sector plan; o. the report on the results, as well as the written proposals of a participation procedure which, if any, already executed (art. 13); p. necessary operating regulations for projects under the sectoral plan.

RS 814.011 RS 814.012 RS 921.01 art. 10 picket and profiles the perimeter of buildings and engineering to build structures, land undergoing changes and clearing areas must be picketed.
Profiles of buildings must indicate the height of the facades (height to cornice) especially in the corners and the slope of the roof. for flat roofs, they must indicate the top of the parapet. The height of the top level of the ground floor should be marked with a strip.
Applications to facilitate the picket or the laying of profiles must be posted no later than at the time of the request.
Picketing and profiles shall subsist until the end of the public inquiry of the application updated.

Section 3 implementation in the investigation and procedure of participation art. 11 opening of the consultation procedure the approval authority simultaneously submits the application documents to federal, cantonal and communal authorities concerned.

Art. 12 to the public inquiry the municipality places demand at the public inquiry.
Approval authority publishes updated the survey in the publication of the canton and the commune organ, as well as in the Federal Gazette. It must be expressly referred to the possibility given to participate throughout the investigation update.
The costs of publication are the responsibility of the DDPS.

Art. 13 participation of the population concerned

Throughout the implementation to the public inquiry, the population concerned has the opportunity to submit proposals in writing to the designated municipality.
The approval authority may waive launch participation procedure if the applicant demonstrates that the population concerned was already able to participate appropriately and that the conditions themselves are, in the meantime, not significantly changed.
No participation procedure takes place under the simplified procedure for approval of the plans.

Art. 14 opposition an opposition may be filed within 30 days following the publication of the investigation update in the Federal Gazette, to the town named.
Objections must be filed in writing and state the conclusions and the facts that motivate them.

Art. 15 position of the communes concerned commune transmits to the canton taking the stand, as well as objections and proposals that have been submitted, within the time limit.
It is there rule on demand, on the objections, as well as on the proposals made by the population.
The expiry of the opposition period, it reported to the approval authority whether or not oppositions have been filed.

Art. 16 position of the cantons concerned in its position on the request, the canton to pronounce on the position of the commune, on the objections taken and proposals made by the population.
It transmits to the approval authority, within a period of three months after receiving the request, his position taken documents and documents he has received from the municipality.

Art. 17 consultation the applicant submits the approval authority to the applicant the shooting position, the oppositions, as well as the proposals made by the population, and takes his advice.

Art. 18 consultation with federal authorities the procedure of consultation and elimination of differences is governed by art. 62A and 62B of the Federal law of 21 March 1997 on the Organization of Government and administration.
The approval authority shall submit to the federal authorities positions of the cantons and municipalities, as well as the objections and proposals of the population. Federal authorities take position within a period of a month.

SR 172.010 art. 19 times for major reasons, the approval authority may extend the time of consultation.
Divergent timelines in the order of 19 October 1988 on to the study of the impact on the environment are reserved.

RS 814.011 Section 4 education and conciliation procedure art. 20. the approval authority shall establish the facts. Notably, it can order a site visit.
It can organize conciliation sessions. It serves as an intermediary between the parties.

Section 5 Adaptation of projects art. 21. the adaptation of projects during the procedure for approval of the plans must be submitted immediately to the approval authority.
In the event of major modifications, approval authority orders updated the public inquiry. For the consultation of Commons, the cantons and the federal authorities concerned, shorter periods may be fixed.
Minor adaptations must be indicated to the parties to the proceedings, provided that these are concerned, at the latest when the notification of the decision on the approval of the plans.

Chapter 3: Simplified Procedure for approval of the plans art. 22. the simplified procedure for approval of the plans is governed by art. 128 LAAM.
Major adaptations of projects during the approval procedure must be submitted to the persons concerned before the decision on the approval of the plans.

Chapter 4 combined Procedure art. 23 opening of the procedure if a project depends on an expropriation procedure, the approval authority conducting such a procedure in the procedure for approval of the plans until rendered on opposition, planned to art. 55 of the Federal law of June 20, 1930, on expropriation (LEx).
The applicant filed documents necessary, provided in art. 27 LEx, with approval authority. After review, requires the need of additional documents.

RS 711 art. 24 picket picketing must be carried out by the applicant and be conducted in accordance with the provisions of art. 126 LAAM. The applicant is required to install profiles in the case of buildings, or when it is difficult to realize that the consequences resulting of the book for the parties of not expropriated parcels and neighboring buildings, as well as for channels and other public works.

Art. 25 objections, claims and claims are to be handed to the municipality, in response, in writing and duly motivated: a. objections to the expropriation procedure; b. claims for a change of plans; c. the claims provided for in art. 7 to 10 LEx; d. the pretensions of the rights which the applicant requires the expropriation.

RS 711 art. 26 Summary approval authority may allow the opening of a summary procedure, in accordance with the art. 33 and 34 LEx.

RS 711 art. 27 conciliation procedure the procedure of conciliation provided for in art. 45 LEx must be carried out by the approval authority.

RS 711 art. 28 claims after that approval of plans leading to an expropriation procedure has become enforceable, the approval authority shall send the documents, in accordance with art. 129, al. 2, LAAM, to estimate Federal Commission, which adjudicates the property consequences.

Chapter 5 approval of the plans of military construction art. 29 decision on the approval of military construction plans the request must be considered on the basis of the law in force at the time of decision on approval to the plans.
If the project meets the applicable law, the approval of plans takes the form of a decision.
This decision should contain especially: a. decisions about consultations and oppositions and, where appropriate, the decision concerning the impact on the environment; b. decisions on objections to the expropriations who remained in the State of litigation during the conciliation procedure, as well as the claims for a change of plans and claims provided for in art. 7 to 10 LEx; c. the conditions and charges arising out of consultations or conciliation sessions, covering the technical design, measures aimed to protect the health of workers and ensure their safety, in execution of construction, protective measures during construction and in the work of rehabilitation; d. expenses related to construction and operation control; e. reviews exposing how the proposals of the population have been taken into account.

The decision on the approval of plans must be made, as a rule, within three months following the end of the conciliation procedure. If this deadline cannot be met, the approval authority indicated to the applicant, indicating the reasons, when the decision will be taken.

RS 711 art. 30 notification the decision must be notified by registered mail: a. the applicant; b. the cantons and the communes concerned; c. opponents.

Approval authority notifies in writing its decisions to the federal authorities concerned.
Decisions on approvals of the plans should be reported in the Federal Gazette.

Art. 31 start of construction a construction project authorisation may not begin until the decision for approval of the plans is enforceable.
The approval authority may grant derogations: a. If the parties approved the early construction start; (b) if the oppositions seem to fail and if the applicant can guarantee the rehabilitation of places, VHF. If the significance of the emergency is attested.

Art. 32 subsequent adaptations of the project later adaptations of the project must be submitted to the approval authority. In the event of significant changes, it orders a new procedure for approval of the plans.

Art. completion of the 32aAnnonce the competent service of the DDPS informs within a period of 30 days after the end of the construction work the cantonal service responsible for the supervision of the official measurement of any change making it necessary an update of the cadastral.

Introduced by section 2 of the annex to the O of May 21, 2008, in force since July 1, 2008 (RO 2008 2745).

Chapter 6 provisions final art. 33 repeal of the law in the order of 25 September 1995 on the procedure for granting building permits military is repealed.

[RO 1995 4784]

Art. 34 transitional provision the new law is applicable to the phases of the ongoing proceedings at the entry into force of this order if such phases are, according to the old law, still needed while having not yet begun.

Art. 35 entry into force this order comes into force on January 1, 2000.

RO 2000 69 RS 510.10 State on July 1, 2008

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