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Title: Regulations Governing Land and Building Use in Hot Spring Areas CH
Announced Date: 2005-09-26
Category: Ministry of Transportation and Communications(交通部)
Article 1
These Regulations are promulgated pursuant to the provisions of Article 13, Paragraph 2 of the Hot Spring Act.
Article 2
To meet the specific needs of hot spring areas, land-use zoning and land-use conversion procedures and building-use controls within hot spring areas shall be governed by the provisions of these Regulations. Matters not prescribed by these Regulations shall be governed by other laws and regulations.
A hot spring area as referred to in the preceding paragraph means one for which a hot spring area management plan has been drawn up by the city or county (metropolitan) government with due jurisdiction, in accordance with the provisions of Article 13, Paragraph 1 of the Hot Spring Act, and the boundaries of which have been publicly announced following consultation with related authorities and approval by the Ministry of Transportation and Communications.
Article 3
A change of land use within the boundaries of a hot spring area shall be subject to the procedures for change of zoning and land use as stipulated in the Regional Planning Law, the Urban Planning Law, the National Parks Law, and other applicable laws and regulations.
The operational procedures for review of enterprise set-up, environmental impact assessment, or soil and water conservation planning involved in the change of zoning and land use in the preceding paragraph shall be conducted by the adoption of a twin-track process, the operational flow chart of which is as shown in Appendix 1.
Article 4
In drawing up a change of land-use plan in accordance with the preceding article, the city or county (metropolitan) government with due jurisdiction shall take into account the needs of environmental protection, local hot spring resources, and the hot spring industry, in mapping out different levels of land-use controls within the overall boundaries of the development specified by the hot spring area management plan.
The change of land-use plan in the preceding paragraph shall stipulate matters related to landscape management or urban design with a view to molding the landscape and local features of the hot spring industry area.
Article 5
The principles for planning the installation of hot spring facilities in a hot spring area are as follows:
(1) Water towers for hot spring storage, apparatus for taking and delivering hot spring water, facilities for hot spring wastewater treatment, and suchlike, shall be installed in appropriate places under the principle of giving consideration to the local landscape while not obstructing hot spring industry development.
(2) The installation of hot spring pipelines shall be sited in appropriate positions in accordance with usage needs and taking into account the population of hot spring users, land use, traffic, landscape, and other such considerations as well as future development trends.
Where land use for public facilities in a hot spring area requires the use of state-owned land, prior consent shall be obtained from the competent land administration authority.
Article 6
Where the building lot for a building and connected facilities in a hot spring area is subject to restriction in regard to the gradient of slope of land on which building development is not permitted, the city/county (municipal) government with due jurisdiction shall consider the particular characteristics of the hot spring area's development in setting other criteria for review in accordance with the proviso to Article 262, Paragraph 3 of the Building Design and Construction Section of the Building Technical Regulations.
Where the building lot for a building and connected facilities in a hot spring area is subject to a restriction requiring the installation of a pedestrian footpath to be set back from the building line or the side of a roadway within the building lot, the city/county (municipal) government with due jurisdiction shall consider the particular situation of the hot spring area in setting the principles for review of the setback distance or exemption from setback in accordance with Article 263, Paragraph 2 of the Building Design and Construction Section of the Building Technical Regulations.
The city/county (metropolitan) government with due jurisdiction may conduct a review under the preceding two paragraphs by means of setting up a review committee or holding a joint review meeting.
Article 7
To assist existing enterprises that have already developed hot spring utilization in hot spring areas to comply with the provisions of the law concerning land and building use, the municipal or county (city) government with due jurisdiction may first draw up an assistance program setting out the scope, targets, conditions, implementation period, and other relevant matters of the assistance, and after submitting it for review by the Ministry of Transportation and Communications and other authorities in charge of land use, buildings, environmental protection, water and soil conservation, agriculture, water resources, and so on, submit it to the Executive Yuan for approval.
Where land within an assistance program as referred to in the preceding paragraph meets the provisions of the proviso to Article 44, Subparagraph 1 or Article 52-1, Subparagraph 6 of the Non-Urban Land-Use Management Regulations, the city/county (metropolitan) government with due jurisdiction shall make other provision in the assistance program concerning restriction on the size of land area occupied by a start-up enterprise and the ratio of the area to be established as protected green space, and submit it together with the program to the Executive Yuan for approval.
For the purpose of assisting, within the scope of the first paragraph, existing enterprises that have already developed hot spring utilization in hot spring areas to comply with the provisions of the law concerning building use, the municipal or county (city) government with due jurisdiction shall, giving consideration to the development characteristics of the hot spring area as well as public safety, stipulate in the assistance program appropriate provisions concerning the setback distance of their building(s) from the foot of a retaining wall, the distance between the outer wall of their building(s) and retaining wall facilities, and the setback distance of their building(s) from a river bank, and submit these together with the program to the Executive Yuan for approval.
Article 8
After an assistance program has been approved by the Executive Yuan, land within the scope of its assistance that is classified as non-urban may have its use zoning altered in accordance with the provisions of Article 13 of the Regional Planning Act.
After the procedure for the aforementioned alteration of use zoning has been completed, applications for use of converted land with an area of fifty hectares or more shall still be handled in accordance with the procedures stipulated in Article 15-1 of the Regional Planning Act and related laws and regulations; and for land with an area of less than fifty hectares, shall be handled in accordance with the procedures set out in Appendix 2 and Appendix 3 of these Regulations.
Article 9
In a case falling within a hot spring area assistance program, a business registration certificate or license may be issued only after all rectifying procedures have been completed according to law and on-site inspection by the city/county (metropolitan) government with due jurisdiction together with the competent authorities has found the enterprise concerned to be in compliance with the relevant provisions.
Article 10
In a case falling within a hot spring area assistance program, where building or construction or other such action is carried out without permission while the city/county (metropolitan) government with due jurisdiction is handling assistance procedures, resulting in the violation of laws related to land use, building, fire prevention, environmental protection, soil and water conservation, and so on, the matter shall be dealt with according to law by the city/county (metropolitan) government with due jurisdiction.
Article 11
These Regulations shall enter into force from the date of promulgation.
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