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Chapter Law Content

Chapter II City Road Projects
Article 14
The term “city roads” as referred to under these Rules shall mean the road systems specified under Article 2 of the Statute of City Roads.
Article 15
Projects such as affiliated bridges of city roads, and culverts and sewers within city road boundaries may be included as part of a city road project and entitled to charge community development fees in the name of city road project.
Article 16
A city road project plan shall specify the following:
1.Project location, starting/ending .point, length, width, and land area.
2.Project standards.
3.Project time-limit.
4.Project cost estimations.
5.Project planning sketches and illustrations.
6.Other.
Article 17
Governments at all levels administering city road construction or improvement projects shall impose a community development fee upon the public and private lands and the improvements thereon along the sides of the road and within the scope of benefited area.
Article 18
The scope of benefited area as referred to under the preceding article shall be determined according to the following rules:
1.The boundary line of the road, the line of designated withdrawn building frontage, and the end line of the road are referred to as the benefited line.
2.The benefited area for city road construction and expansion projects with a road width below forty meters (40m) shall be within the scope between along the road boundary line and from the line vertical down five times of the road width; where the road width is above forty meters (40m), the benefited area coverage shall be determined using forty meters (40m) as calculation standard.
3.The benefited area for city road improvement projects shall be within the scope between along the road boundary line and from the line vertical down forty meters (40m).
4.The benefited area at the starting/ending point of city road shall be within the radius using the intersection point of the central line and the end line of the road as center of circle and the vertical length between the center of circle and the margin line of respective benefit grading zones as radius. (See annexed drawings.) The benefited area set forth under Paragraph 2 to Paragraph 4 is referred to as the benefited surface. In the event that the surface runs into such special land forms as rivers in parallel or oblique to the road, large open drainage channels, railroads, and highways, the benefited surface shall end at the margin line of said special land forms; the part in excess and the part withdrawn by legal designation shall be exempted from payment of community development fees. The exempted fees shall not be added as other burdens of the beneficiary.
Article 19
The percentages of the total community development fees borne by the benefited line and benefited surface for city road construction and expansion projects are as follows:
1.The benefited line shall share twenty per cent (20%) of the total community development fees, which shall be split between the lands along the line in proportion to the length along which the respective lands adjoin the benefited line.
2.The share of the community development fees borne by the benefited surface shall depend upon zoning, as specified below:
(1) Zone 1: The area between along the road boundary line and from the line vertical down a distance equaling the width of the road shall bear forty per cent (40%) of the fees.
(2) Zone 2: The area between along the margin line of Zone 1 and from the line vertical down a distance equaling twice the width of the road shall bear twenty-five per cent (25%) of the fees.
(3) Zone 3: The area between along the margin line of Zone 2 and from the line vertical down a distance equaling twice the width of the road shall bear fifteen per cent (15%) of the fees. (4) For the fee sharing percentage of the benefited surface in the area of starting/ending point of a city road, the rules pertaining to fee sharing between Zones 1, 2, and 3 shall govern.
The lands within the respective zones set forth under Subparagraph 2 of the preceding paragraph shall bear a share of community development fees in proportion to the area of respective lands.
Article 20
The percentage of the total community development fees borne by the benefited surface of city road improvement projects shall have no zone difference. The benefited line and the benefited surface shall bear fifty per cent (50%) of the total fees each.
Article 21
For overlapping benefited surfaces of concurrent projects due to narrow distance between two adjacent roads, the central line of the overlapping part shall be the dividing line with the area on each side of the line included in the calculation of the benefited surface of the respective project.
In the event that after the cut by the dividing line Zone 2 or Zone 3 area becomes so small that the unit charge imposed thereon becomes higher than that on Zone 1 or Zone 2 respectively, the relevant government shall adjust it downward in proportion to the fee-sharing percentage of the respective zones.
Article 22
Where a city road project contains road bridges, underpasses, or overpasses for use by motor vehicles, the construction cost of said bridges and passes shall be deducted from the total construction cost, and in addition thereto, where the driveway width on each side of the bridge or pass is within three meters (3m), the benefited line between the starting and ending point of said bridges and passes shall be exempted of the payment of community development fees and shall not be added as other burdens of the beneficiary.
Article 23
For city roads belonging to the various road section projects under the same system planning, the community development fees thereof may be imposed and collected in combination. For excessively long roads, community development fees may be imposed by section according to the following rules:
1.Use the classification boundary of construction standards (building, expansion, renovation etc.) as section dividing line.
2.Use road width as section dividing line.
3.Use river, large open drainage channel, railroad, bridge, or highway as section dividing line.
4.Use the boundary line that marks a significant difference in land price as section dividing line.
Article 24
Foot bridge and pedestrian underpass projects of city roads shall not charge a community development fee. However, elevated or underground long-distance roads as part of city road system and constructed exclusively for traffic diversion may charge a community development fee from vehicles using said road facility. For the imposition of said community development fees, relevant provisions under Chapter III shall apply mutatis mutandis.