LEY OPAMSS PDF

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Translations are not human-vetted. There may be inaccuracies in information due to our algorithmic extraction of information. Always consult the official source when making use of legal information. The present Law is to regulate land use planning and urban and rural development in San Salvador Metropolitan Area and surrounding municipalities, through better use of resources in the different areas and full use of the instruments of planning.

In the AMSS will be sought collaboration in a coordinated manner with the aid of special body created by this law, the municipal councils in the authority in town planning points to these the Municipal Code, in order to promote the consultation with the Central Government and Local Governments and expedite the provision of public services.

The AMSS may be extended by decree the previous legislative branch neighboring municipality request made by the City Council through the Municipal Mayor of the municipality in question.

The AMSS is subject to comprehensive planning and town planning continuous formulated under the responsibility of the Municipal Councils of coverage, special bodies mentioned in Art. This law shall include the following: a The institutional framework that defines the bodies responsible for the planning, coordination and control of territorial development in the AMSS; b The Technical Framework, which defines the Metropolitan Land Use Plan of AMSS, with its master plan and sectoral plans and technical standards for environmental management therein; c Control of urban development and construction, which defines rules for obtaining permits parceling and construction, inspection and acceptance of works, as well as the indication of competence and responsibilities in proceedings related to implementation plans and projects.

Agency Administrator who shall act in urban, that the municipal councils that comprise entrusted to him under the Municipal Code. Eminently political body. Art 8. Scheme AMSS Director shall include: a The diagnosis of land use and road network of roads largest circulation; B The organization of land uses and must specify urban, developable, not developable and rural soils, zoning and not developable developable land and land uses standards determining the permitted uses, conditional and prohibited the different areas; c Organization largest circulation pathways, which must specify the road network and the hierarchy its tracks.

D The criteria and guidelines for environmental conservation and wise use of natural resources. To this end, will continue the approval process, which is established in the regulations of this law. Programs and investment projects shall be made for the periods set by the National Public Investment Act and in accordance with master plans in force.

Revisions or modifications to the Metropolitan Development Plan and Zoning of AMSS, shall be subject to the same regulations and processing content that identified for development and original approval.

The Metropolitan Development Plan and Land Management of AMSS, once finally adopted, will come into force eight days after its publication in the Official Journal and any natural or legal person is entitled to examine the relevant documentation and to be informed by written by OPAMSS, within a month counted from the date of application of urban property situation regarding the Plan or guidelines in force.

The approval of the Partial Plan, prepared by the applicant must follow the same approval procedures established by this Act and its Regulations for Scheme Director of AMSS when modifying or performing a public investment project of the Central Government or a Municipal Government, should have the approval of the institution responsible for the project in question.

If the Metropolitan Plan and will perform work without the property used regardless of the expropriated property is entitled to the return of the property, prior reimbursement for the state or municipality as appropriate, of the amount of money received in compensation. The Scheme rules AMSS Director, will establish the minimum areas of lots, minimum unbuilt areas, mandatory absorption wells, and any other measures that maximizes filtration. The Scheme rules AMSS Director, will establish the activities will not be permitted and restrictions enforced by those who are authorized conditionally.

Non-developable areas to be afforested by its positive effect on the conservation and restoration of forested areas; in the conservation and protection of surface and groundwater resources; in the forecast and control of erosion; in preserving biodiversity and ecosystems in the protected areas system; in preserving the areas of agricultural and forest reserve; and risk areas will be established based on technical diagnostics.

The study must meet the requirements established by this law and its regulations. The Ministry of Public Works through the Department of Housing and Urban Development, or his substitute, the Ministry of Labour and Social Welfare, the Ministry of Public Health and Social Welfare, the Ministry of Economy and the institutions responsible for provide public services, must establish general requirements and technical standards to be met by subdivisions and buildings in their specific areas.

The exceptions thus established shall not contravene the provisions of the second paragraph of Art. The regulations of this law shall indicate the special cases that require a different number of design areas. The regulations of this law shall establish the special cases that require a different number, which should include mechanical design and industrial design. When there is a specialized quality control of any of the materials laboratory, the certificate shall be issued by the manufacturer.

Such qualification place shall indicate the permitted activities and facilities required for its operation and the precautions to take to avoid disturbing the neighbors. No public service institution may authorize connection services to buildings or new parcels that have no previous record. The OPAMSS may only refuse the change of use of the property, in case objectively verify that such activity generates conflict in the neighborhood or to endanger the safety of the building or its users.

The co-owners are responsible for their upkeep and maintenance. The land gifted social equipment, they are used only for activities whose purpose is the promotion of human community, such as education, culture, social improvement, health and others. Any owner-fractionation or parceling of land must design and build smaller circulation routes that give access to the parcels, in compliance with regulations.

This capacity is determined based on the intended use on the premises and the location of the lot in areas of higher or lower demand for parking according to the provisions of the Regulations of this Law. When individually is not possible to provide a building parking, parking collective solution may be established before the OPAMSS checked previously.

Any person who alters the conditions of soil, buildings or change the use thereof for which they were designed, without authorization from the OPAMSS, free from any liability to the persons mentioned in the previous article, and will be the owner who respond to the competent authority for damages caused to third parties, without prejudice to the sanctions imposed by other laws.

Also the owner liable for damages to third parties when the work is performed without the right people for management and supervision. No government or municipal authority may use or authorize the use of ecological protection zones, protection zones of rivers, streams and other natural accidents, easements and rights of way for different purposes for which they were intended.

If the builder re-offend in that type of offense the case be transferred to the National Register of Architects, Engineers, Designers and Builders, to proceed to the application of the corresponding sanction. The amount of such economic sanctions will enter the municipality funds the jurisdiction of the sanctioned work. From any breach or violation in a work, the OPAMSS must inform the Mayor or delegated official of the locality where the offense was committed for the purposes set forth in Article 88 of this Law.

All of a builder recidivism shall be notified to the National Register of Architects, Engineers and Constructors Designers, to be appropriate to the implementation of appropriate sanction. Second notification.

In case of a negative decision, you may appeal to the respective City Council, within fifteen working days after notified the resolution. When the Mayor or delegated official notification has knowledge by OPAMSS, a person, natural or legal, has committed infringement of this law within its municipal area, to initiate the procedure, and ask the OPAMSS tests deemed necessary.

From the evidence obtained legally shall notify the offender to appear in the forties eight hours after notification. If an appearance in absentia will open it approves for eight days past the term and decide within the next two days.

Sentencing authority to acquire convinced by any of the means established by law. The certification of the resolution imposing a fine shall be enforceable. Interposed the appeal, the Mayor shall report to the Council at its next meeting which will appoint some of its members or any official to lead the review proceedings and return it promptly to resolve.

Admitted the appeal by the Council will be notified and will open to the appellant to trial within four days. After the end of testing the substantiation custom return the dossier to the Council to resolve. In matters not provided in this law, will apply the law of Urbanism and Construction or that its stead and regulations. Art will apply. The provisions of this law by its special character, prevail over any other than runs counter.

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