Bill 196.

Summary.

The bill amends Article 5 of Law No.6 de primero de febrero 2006, which sets out definitions for applying and interpreting the law on territorial planning for urban development. It retains terms concerning accessibility, urban development actions, density, deferred and priority development, public space, public easements, urban planning, urbanization, land use and zoning. It also describes the territorial planning framework and planning instruments, including national, regional, local and partial plans. Land use intensity concerns the degree of use of land and impacts such as site coverage, floor area, density and resulting traffic. The added definition of an urban development promoter covers a natural or legal person, whether public or private, who decides upon, advances, schedules and finances building works for their own use or for subsequent transfer to third parties.

The amendment to Article 7 assigns the Ministry of Housing (Ministerio de Vivienda) responsibilities for policy, planning, coordination and oversight in territorial planning for urban development. These include formulating and implementing national policy; preparing national and regional plans; compiling technical rules for land subdivision, urbanization and building and sending them to local authorities; coordinating with state and municipal bodies, public utilities and international organizations; facilitating new urban centers; securing land and financial resources; and strengthening municipal and intermunicipal planning bodies. The Ministry would also coordinate the use of public easements, regulate public participation, oversee compliance with planning rules and plans, and standardize technical procedures for local and partial plans. The text adds authority to require studies of water availability, quality and distribution systems for urban development projects, with mandatory publication on the Ministry's website. It further directs the Ministry to require and oversee the promoter's construction of infrastructure for drinking water supply and the management of wastewater and solid waste.

Within the block amending the Ministry's powers, the text sets out a revised Article 12 of the same law on the objectives of territorial plans. Those objectives include defining strategies for land use, occupation and management according to economic, social, urban planning and environmental goals; designing management instruments for integrated and sectoral urban actions; and developing programs and projects that address ethnic and cultural diversity and recognize pluralism. It also introduces strategies for the use of water resources in rural and urban areas. These involve a study of existing water systems, population, and available surface and underground water resources to guide drinking water supply and solid waste management.

The amendment to Article 37 lists urban planning offenses. They include submitting false information in approval procedures; advertising or entering into contracts concerning lots before approval of the preliminary site plan; altering approved plans or perimeter and block markers without authorization; carrying out unauthorized works; and changing or failing to complete works as approved. It adds the construction of drinking water supply systems that do not meet the law's requirements for efficient supply, failure to conduct the required water studies, and failure to publish those studies. Article 4 identifies Articles 5, 7, 12 and 37 as amended, while Article 5 provides for commencement on the day following promulgation.

The bill concerns the Ministry of Housing (Ministerio de Vivienda), local authorities, other state and municipal bodies, and public utilities. Its provisions would apply to urban development promoters and may be of interest to the building, land subdivision, urban development, water supply and sanitation sectors.