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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 09:32
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Chapter Law Content

Title: Urban Renewal Act CH
Category: Ministry of the Interior(內政部)
II Designation of the Renewal Area
Article 5
The municipal and county (city) authority should conduct an overall investigation and evaluation of the urban development situation, residents' willingness, existing society, economic relations and human characteristics, and the overall landscape before demarcating the renewal area and establishing or changing the corresponding urban renewal plan according to the actual condition.
Article 6
Under one of the following circumstances, the competent authority of a municipality or county (city) may set priorities and demarcate or change the renewal area and also establish or change the corresponding urban renewal plan:
1. Buildings that are deteriorated and have deficient fireproofing, or the space between neighboring buildings is insufficient, and the building is hazardous to public safety.
2. Buildings that are in a dilapidated, dangerous condition that have been badly built or roads that are curved and narrow or in any way hazardous to public safety.
3. Buildings that do not meet the urban function.
4. Buildings that are not coordinated with important development projects.
5. Buildings that have historical, cultural, artistic, or other memorable value that urgently require preserving and maintaining, or it is incongruous with the buildings in the surroundings.
6. Buildings that have a bad living environment and constitute a hazard to public health or peace and order in society.
7. There are buildings inspected and confirmed as having been contaminated by radioactivity.
8. There are special industry facilities likely to cause harm to public safety.
Article 7
Under any of the following circumstances, the municipal, county (city) authority should demarcate or change the renewal area at the earliest time per the actual situation and also establish or change the urban renewal plan accordingly:
1. Destruction or damage due to war, earthquake, fire, flood, storm, or other major incidents.
2. To prevent a major disaster from occurring.
3. There are buildings in conditions meeting the descriptions outlined in Subparagraphs 1 and 2 of Paragraph 1 of Article 3 of the Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings.
The higher-level authority can determine a time limit for the municipal, county (city) authority under its jurisdiction to designate or change the renewal area mentioned in the above paragraph or to outline a draft, to change urban renewal plans, and if necessary, may directly involve itself.
Article 8
Under one of the following circumstances, the competent authorities at different levels may demarcate or change an area to be a strategic renewal area according to the actual needs and also establish or change the corresponding urban renewal plan:
1. The area is situated within a certain distance from a train station, MRT station, or an airport.
2. The area is situated near the waterfront of a metropolis or a harbor and high-level redevelopment is an appropriate choice.
3. An overall urban renewal project is needed for urban disasters.
4. Urban renewal is needed to accommodate an important public construction project.
Article 9
The regulations and procedures for detail plan outlined in the Urban Planning shall apply mutatis mutandis in demarcation or change of renewal areas or establishment or change of urban renewal plans that do not involve establishment or revision of urban plans. If establishment or revision of the master plan or detail plan of an urban plan, the regulations and procedures specified in the Urban Planning Law shall apply, and the master plan or detail plan may be established or revised at the same time.
In situations where renovation or maintenance is adopted throughout the entire area or the demarcation or change of a renewal area is conducted according to Article 7, the competent authority may publicly announce and implement the demarcation or change of the renewal area as well as establishment or change of the urban renewal plan without being subject to the preceding paragraph.
An urban renewal plan as described in Paragraph 1 shall include the following information to be the urban renewal plan guidelines:
1. Range of the renewal area
2. Basic targets and strategies
3. Outline of actual redevelopment
(1) Concepts behind the land utilization plan
(2) Concepts behind the public facility improvement plan
(3) Concepts behind the transportation system
(4) Concepts behind the space for disaster prevention and relief
4. Other information to be specified
In addition to the information specified in the preceding paragraph, the following information shall also be indicated in the urban renewal plan for a strategic renewal area demarcated or changed according to Article 8:
1. Necessity of demarcation and expected benefits
2. Concepts behind the review of the urban plan
3. Outline of the financial plan
4. Concepts behind development and implementation
5. Concepts behind the resolution of project periods and progress
6. Items that require support and cooperation of related units
Article 10
In situations described in Article 6 or 7, land and legal building owners may present proposals for demarcation of renewal areas to the competent authority of the municipality or county (city).
The competent authority of the municipality or county (city) shall handle the proposals described in the preceding paragraph in the following approaches and may notify the proponents to present their statements:
1. Where demarcation is deemed unnecessary, notify the proponents of the decision with reasons attached.
2. Where demarcation is deemed necessary, proceed in accordance with the procedures set forth in Article 9.
The local competent authority shall define the requirements for the presentation of proposals specified in Paragraph 1 as well as the documents to be submitted.
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