Organisatie | Saba |
---|---|
Organisatietype | Caribisch openbaar lichaam |
Officiële naam regeling | Island Ordinance Spatial Development Saba 2010 |
Citeertitel | Spatial Development Saba 2010 |
Vastgesteld door | Eilandsraad |
Onderwerp | bestuur en recht |
Eigen onderwerp |
Deze regeling is vastgesteld en in werking getreden vóór 10-10-2010, maar op grond van artikel 7 van de Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba en de Positieve lijst regelgeving Eilandsraad Saba (AB 2010, no. 6) tevens vastgesteld voor het openbaar lichaam Saba en derhalve met ingang van 10-10-2010 in het openbaar lichaam Saba van toepassing.
Eilandsbesluit houdende algemene maatregelen inzake het vaststellen van het actuele regelingenbestand van het eilandgebied en toekomstig openbaar lichaam Saba voor zover het haar bevoegdheid betreft
Geen
Datum inwerkingtreding | Terugwerkende kracht tot en met | Datum uitwerkingtreding | Betreft | Datum ondertekening Bron bekendmaking | Kenmerk voorstel |
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10-10-2010 | Bestendiging eilandsregeling in het openbaar lichaam | 26-08-2010 A.B. 2010, no. 6 | Onbekend | ||
01-09-2010 | 10-10-2010 | nieuwe regeling | 26-08-2010 A.B. 2010, no. 5 | onbekend |
This island ordinance means by:
- Federal ordinance: the federal ordinance Foundations for Spatial Development Planning (P.B. 1976, no. 195);
- Development plan: a plan which indicates the development to be pursued in the long term, of the area included therein;
- Structure: every construction of wood, stone, metal or other material, which is, directly or indirectly joined to the ground, or either directly or indirectly is supported in or on the ground;
- Building: any structure forming a covered area, accessible for people, completely or partly surrounded by walls;
- Construction: the erection, completion or partial renovation of buildings or other structures;
- Demolishing: the tearing down of a structure or of a part thereof;
- Administration building: the office of the Island Government, in The Bottom;
- Stake holder: Interested party; Sub-dividing: the splitting up of premises, which is in the hands of one owner, into two or more lots for building purposes.
The Executive Council is to institute a study, as regards the existing situation and as regards the possible and advisable development of the island territory, for a good spatial development of the Island Territory and with a view to the finalizing of development plans
A development plan is established by island ordinance and comprises:
Before a development plan is established, a draft development plan is placed for public review, the Executive Council holds a public hearing at a place to be determined by the latter, at which the preliminary design is presented and those present are given the opportunity to voice their opinion about the preliminary design. The Executive Council may be assisted by experts in the field.
With regard to the stakeholders, who have no known address or actual residence on Saba, while their address outside of Saba is unknown, as well as with regard to possible unknown stakeholders, the information of the announcement and the placement for public review of the draft development plan is affixed to the main entrance of the court building at the Administration Building located in The Bottom. A copy of this is given to the assistant Public Prosecutor on Saba, who endorses the original.
If no objection has been submitted, the Island Council decides within two months after the expiration of the term mentioned in article 5, first paragraph, with regard to the establishment of the draft development plan. If, in accordance with article 5, fourth paragraph, an objection has been submitted, this term may be extended by two months.
Those persons who submitted objections to the Island Council on a timely basis, as well as those who have objections to changes in the development plan, which the Island Council made upon establishment, may institute an appeal in writing at the Governor, ultimately within six weeks after the term of public review has expired.
If circumstances require such and at least once in five years, the development plan is revised. Articles 2 through 7 are applicable accordingly to such a revision.
The zoning regulations may contain provisions to the effect that it is prohibited to execute certain works, not being structures or activities, within an area indicated in the plan, without or in deviation of a written permit from the Executive Council (civil works permit). There may be conditions attached to such a permit.
The application for a civil works permit is submitted in writing to the Executive Council. The applicant is obliged to provide all information and to submit all documents which are necessary to evaluate the request. The Executive Council takes a decision within sixty days after receipt of the request. This decision is made known to the applicant in writing.
The Executive Council puts off the decision, if there are no grounds to reject the permit and for the area, in which the work or the activity shall be executed, before the application has been submitted, a preparatory decision as meant in article 16 has been taken or a draft-development plan or a draft revision of an established development plan has been placed for public review.
The applicant may institute an appeal at the Executive Council against the decision to grant a conditional permit, to reject the permit or to postpone the decision on the permit application, within six weeks after the date on which the copy of the decision was sent. The applicant has equal authority, if the Executive Council has not decided within the term stated in the third paragraph or if the permit is withdrawn.
As regards the appeal as meant in the previous paragraph, the Executive Council asks for advice from the committee meant in article 5, sixth paragraph. Article 5, seventh paragraph is applicable accordingly. The committee gives advice ultimately within thirty days after the date on which the term of appeal has passed.
The Executive Council decides on the appeal within four months after the appeal has been submitted or ultimately four months after the date on which the term of appeal has passed. This period may be extended once with a period of thirty days. If deviated from the advice as meant in paragraph 10, the decision of the Executive Council shall be motivated.
Chapter VI Exemption and supplementary requirements
As regards the appeal as meant in the previous paragraph, the Island Council asks for advice from the committee meant in article 5, sixth paragraph. Article 5, seventh paragraph is applicable accordingly. The committee gives advice ultimately within thirty days after the date on which the term of appeal has passed.
The Island Council decides on the appeal within four months after the appeal has been submitted or ultimately four months after the date on which the term of appeal has passed. This period may be extended once with a period of thirty days. If deviated from the advice as meant in paragraph 4, the decision of the Island Council shall be motivated.
Chapter VII Preparatory decisions
In the preparatory decision regulations may be given with regard to the building, the execution of other works or activities, in, on or above the ground included therein, as well as with regard to the use of that ground and the buildings thereon. These regulations are only set to the extent this is necessary to prevent an area from becoming less suitable for the realization of a purpose to be given with the plan.
The preparatory decision expires if within 18 months after the date of its implementation, the draft development plan has not been placed for public review. The Executive Council may extend the preparatory decision by at the most one extension of 6 months. The second and the fifth paragraph are applicable accordingly to such an extension.
Chapter VIII Transitional provision in zoning regulations
The zoning regulations contain provisions with regard to the preservation of existing structures and the continuation of the existing use of the ground and the structures, in accordance with the situation at the time of placement for public review of the preparatory decision or of the draft development plan.
The zoning regulations give guarantees with regard to partial renovation or change of existing structures or, if these are destroyed by a calamity, total renovation of those structures, provided that deviation from the zoning regulations is not increased and the permit for reconstruction of the structure destroyed by the calamity is requested within a period of three years.
If a stakeholder, as a result of the zoning regulations, suffers or shall suffer damages, which can reasonably not be for his account or not entirely for his account, upon his request he shall be allotted damage compensation, to be determined by the judge in fairness, from the island treasury. For the application of this article paragraph, is not included in the zoning regulations;
The stakeholder may institute an appeal at the Island Council against the decision to deny partly or in full the request mentioned in paragraph 2, within six weeks after the date on which the copy of the decision was sent. The stakeholders has equal authority, if the Island Council has not decided within the term stated in the third paragraph or if the permit is withdrawn.
As regards the decision as meant in the previous paragraph, the Island Council asks for advice from the committee meant in article 5, sixth paragraph. Article 5, seventh paragraph is applicable accordingly. The committee gives advice ultimately within thirty days after the date on which the term of appeal has passed.
The Island Council decides on the appeal within four months after the appeal has been submitted or ultimately four months after the date on which the term of appeal has passed. This period may be extended once with a period of thirty days. If deviated from the advice as meant in paragraph 5, the decision of the Island Council shall be motivated.
Chapter X Compulsory- and penal provisions
Except in urgent cases, the Executive Council will not make use of this authority, until such time as the stakeholder has been warned in writing and he has been given the opportunity to bring the situation in line with that determined by or by virtue of this island ordinance, within a term of at the most sixty days.
For a period of at the most five years after the implementation of the island ordinance, spatial development planning Saba, for areas for which no preparatory decision as meant in article 16 has been taken, or no draft development plan has been placed for public review or a development plan has been established, a transitional arrangement for the sub-dividing of land in accordance with the provision in articles 22 through 28, shall be in effect.
The Executive Council, in any event, withholds its approval from the draft allotment plan, if:
The intended construction, from the point of view of the general interest, would cause serious difficulty due to insufficient connection with the existing construction or due to the lack of the necessary public facilities, while no reasonable provision has been made for the short term or which can only be made at disproportionately high costs.
The Executive Council is authorized to demand the necessary supplements and changes to the draft-allotment plan and to attach conditions to the approval, in the interest of a proper spatial development. In the event these supplements and changes are not made, the Executive Council may withhold its approval from the draft allotment plan.
the land allocated for these roads either is granted in usufruct under the conditions set forth in paragraph 3 of this article, or, if for whatever reason usufruct is not established, the land allocated for these roads is transferred in ownership without consideration to the island territory. In the allotment plan it may be determined that right of usufruct will be established or the transfer is done, immediately after the road(s) has (have) been constructed, in accordance with requirements to be set by the Island Territory.
With regard to the revision of an allotment plan, the provisions of this chapter are applicable accordingly.
Chapter XI A Temporary procedure far reaching activities
Up to January 2012, for areas for which no preparatory resolution as meant in article 16 has been taken, no draft-development plan has been placed for public review or a draft development plan has been established, is applicable that for the following works and activities prior written permission of the Executive Council is required;
The request for permission as meant in the first paragraph is submitted in writing to the Executive Council. Articles 12 eight through thirteenth paragraph, 23 second through sixth paragraph and article 24 are applicable, with the understanding that instead of the draft allotment plan is read: the request. The applicant is obliged to provide all information and to submit all documents which are necessary to be able to evaluate the request.
Chapter XII Transitional and Final provisions
The administrative law ordinance “Landsverordening Administatieve Rechtspraak – Landsverordening van de 3de augustus 2001 houdende regels betreffende de adminstratieve rechtspraak” (P.B. 2001, nr. 79) or any successive administrative legislation of a higher order that this Ordinance Spatial Development Saba 2010 will be applicable at all times and prevail in case of a legislative conflict.