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Chapter Law Content

Title: Urban Planning Act CH
Category: Ministry of the Interior(內政部)
Chapter II: Formulation, Modification, Announcement and Implementation of Urban plans
Article 9
Urban plan are divided into the three following types:
(1) City (township) plan,
(2) Countryside street plan,
(3) Special district plan.
Article 10
City (township) plans shall be formulated for the following:
(1) The national capital and special municipalities
(2) Province and special municipalities
(3) Seats of county governments and county-administered cities
(4) Townships
(5) Other areas designated by the Ministry of the Interior or county/city governments as requiring city (township) plans to be formulated according to this Act.
Article 11
Countryside street plan shall be formulated for the following:
(1) Seats of the township office;
(2) Areas where the population already reached 3000 five years ago and has increased by one third in the past five years;
(3) Areas where the population has reached 3000 and the industrial and business workers account for more than 50% of the population;
(4) Other areas designated by the county government as requiring Countryside street plan to be formulated according to this Act.
Article 12
Special district plan shall be formulated for areas demarcated for industrial development, landscape conservation or other purposes.
Article 13
Governments at all levels or at township and county-administered city shall formulate urban plans in accordance with the following:
(1) The government of special municipalities and cities shall formulate city development plans. The township office and the county-administered city shall formulate township and city plans and Countryside street plan. If necessary, county governments may formulate the said plans.
(2) Special municipality and county/city governments shall formulate special district plan.
(3) The authorities of adjacent administrative areas may agree and formulate joint urban plan. However, if the range does not cross any provincial or county borders, the county government may formulate such plan.
Article 14
The Ministry of the Interior may formulate special district plans if necessary.
If necessary, county/city governments may formulate city/township development plans or Countryside street plan for areas designated by the Ministry of the Interior or county/city governments as requiring such plan.
Article 15
In formulation of city/township plan, the master-plan specifications shall be established first and the following information shall be provided, depending on the circumstances:
(1) Results of surveys and analysis of the local ecological, social, and economic conditions;
(2) The administrative area and the scope to be covered by the plan;
(3) The population growth, spread and composition as well as the estimated population increase and economic progress expected during the period in which the plan is executed;
(4) The distribution of land used for residential, commercial, industrial and other purposes;
(5) Tourist attractions, historical monuments, and buildings of memorable or artistic value that ought to be preserved;
(6) The main roads and other public transportation systems;
(7) The main water supply and drainage systems;
(8) School land, large parks, wholesale markets, and land reserved for public facilities in the area covered by the plan;
(9) The implementation schedule and budgets;
(10) Other required information.
In addition to texts, drawings, and tables, the master-plan specifications described in the preceding paragraph shall also be provided with the master-plan map and the scale applied shall not be smaller than 1:10000. Each stage of the implementation shall be five years in principle and the total period shall be no more than 25 years.
Article 16
The required information in the master plans of Countryside street plan and special district plan shall be similar to all or part of the information but simplified according to the circumstances and the detail plan may be formulated at the same time.
Article 17
The implementation schedule described in Subparagraph 9, Paragraph 1 of Article 15 shall include the order of priority of the various zones to be developed in accordance with the development tendencies of the area and local finances. The detailed plans for the zones included in the first stage shall be drawn within two years after the announcement of the master plan and the public facilities shall be completed within five years after the announcement of the detailed plans. Once the development of the zones included in the first stage begins, the formulation of detailed plans for the remaining zones shall commence.
Building use and terrain changes in zones for which the detailed plans are yet to be announced shall be restricted. However, when it has been two years or longer since the announcement of the master plan and the building lines are certain or the main public facilities have been completed according to the mater plan, the competent authority may act according to building regulations, specify the building lines, and issue building licenses.
Article 18
The urban planning committee of the special municipality, township or county-administered city in concern shall review master plan after they are drawn. For master plan established or formulated by the Ministry of the Interior or county/city governments according to Articles 13 or 14, solicitation of the opinions of the concerned county/city government , or township, or county-administered city office for reference shall be required.
Article 19
Before a master plan is examined by the urban planning committee of the special municipality, township, or county-administered city in concern, it shall be placed on public display for 30 days and a public presentation shall be held at the municipality or county/city government , or the township or county-administered city office. The time and location of the public display and presentation shall be published in newspapers or electronic newspaper and all citizens and groups may present their opinions to the competent authority in writing, along with their name or title and address. The urban planning committee of the government or office in concern shall examine the opinions and present the results and the master plan to the Ministry of the Interior for approval.
The urban planning committee at all levels shall complete the examination referred to in the preceding paragraph within 60 days. However, under special circumstances, the reviewing period may be extended for up to 60 days. No further public display or presentation shall be required for any revisions made as a result of the review by the urban planning committee or under the instruction of the Ministry of the Interior.
Article 20
Master plan shall be presented to the supervising agency for approval in accordance with the following:
(1) Master plan for the national capital shall be approved by the Ministry of the Interior and forwarded to the Executive Yuan for record.
(2) Master plan for special municipalities, provincial capitals, and cities shall require the approval of the Ministry of the Interior.
(3) Master plan for county seats and county-administered cities shall require the approval of the Ministry of the Interior.
(4) Master plan for townships and county shall require the approval of the Ministry of the Interior.
(5) Master plan for designated areas formulated by county/city government shall require the approval of the Ministry of the Interior. Those formulated by special municipality government shall require the approval of the Ministry of the Interior and forwarded to the Executive Yuan for record. Those formulated by the Ministry of the Interior shall be presented to the Executive Yuan for record.
When the area covered by the master plan falls within the area covered by a regional plan, the Ministry of the Interior shall seek the opinions of the institution responsible for the regional plan before establishing or approving the master plan.
Master plan that need to be presented for record as set forth in Paragraph 1 may not be announced or implemented before they are presented for record and accepted. However, if the concerned authority fails to reply whether the master plan has been accepted or not within 30 days after the master plan is presented, it shall be considered accepted.
Article 21
Within 30 days after receiving the approval or acceptance notice, the special municipality or county/city government shall announce and implement the master-plan specifications and the master-plan map also publish the time and location of the announcement in newspapers or electronic newspaper to notify the public.
Special district plans that are established by the Ministry of the Interior shall be announced and implemented by the concerned special municipality or county/city government according to the procedure set forth in the preceding paragraph.
The Ministry of the Interior shall make the announcement if the concerned special municipality or county/city government fails to make the announcement according to the procedure set forth in Paragraph 1.
Article 22
Detail plan shall include a detail-plan specification and detail-plan map carrying the following information:
(1) The scope of the planned area;
(2) The residential density and population;
(3) The land use control measures and zoning;
(4) The civil investment project and their financial plans;
(5) The road systems;
(6) The land reserved for local public facilities;
(7) Others.
The scale applied in the detail-plan maps may not be smaller than 1:1200.
Article 23
Except for those established by the Ministry of the Interior according to Article 14 and the ones to be formulated in combination with the master plan and approved by the Ministry of the Interior according to Article 16, all detailed plans shall be approved and implemented by the special municipality or county/city government with jurisdiction over the area covered by the plan.
The Ministry of the Interior shall stipulate the principles for the examine and approval of detailed plans described in the preceding paragraph.
Within one year after the detailed plan is approved, announced, and implemented, installation of urban planning stakes, coordinate calculation, and cadastral zoning and surveys shall be completed. The land reserved for roads and other public facilities and the results of zone border surveying and mapping shall be indicated on the cadastral map for public access and transcript application.
The Ministry of the Interior shall stipulate the regulations regarding the surveys for the urban planning stakes described in the preceding paragraph as well as the corresponding management and maintenance.
The formulation, examination , public display, announcement, and implementation of detailed plan shall be conducted in accordance with Paragraph 1 of Article 17, Article 18, Article 19, and Article 21.
Article 24
To promote the utilization of their land, interested parties may act in line with the local zone development plan and formulate their own detailed plan or modify the detailed plan, attach the information on the civil investment project and their financial plan, and apply to the concerned municipality or county/city government or the township or county-administered city office according to the preceding article.
Article 25
When a detailed plan formulated or modified by an interested party as described in the preceding article is rejected by the concerned municipality or county/city government or township or county-administered city office, the interested party may appeal to the Ministry of the Interior, county/city government but may not file any objection after the Ministry of the Interior or county/city government makes the ruling.
Article 26
No unauthorized changes shall be made to any urban plan that has been announced and implemented. However, the agency formulating the plan shall review the plan comprehensively once every three or five years and make necessary modifications according to the developments while also taking suggestions from the public into consideration. Land reserved for public facilities that are deemed unnecessary shall be used for other purposes.
The Ministry of the Interior shall stipulate the regulations regarding the comprehensive review of urban plans as described in the preceding paragraph, the operating procedure, and the reviewing criteria.
Article 27
When one of the following situations occurs, the concerned special municipality or county/city government , or township or county-administered city office shall take immediate action according to the circumstances and make changes to urban plans that have been announced and implemented:
(1) When there is damage as a result of war, earthquakes, floods, typhoons, fires, or other critical incidents;
(2) When measures need to be taken to prevent disasters;
(3) When such changes are deemed necessary to facilitate national defense or economic development;
(4) When such changes are deemed necessary to accommodate important construction projects operated by the central government, or a special municipality or county/city government.
The Ministry of the Interior or county/city governments may designate the agency originally formulating the urban plan to complete the changes described in the preceding paragraph within a specified period. If necessary, the Ministry of the Interior, or concerned county/city governments may make the changes.
Article 27-1
When an interested party formulates or modifies a detailed plan according to Article 24 or the original formulating agency modifies an urban plan according to Article 26 or 27, the competent authority may request the said interested party to provide or donate from within the area for which the plan modification is made land for public facilities, constructible land, floor areas or a certain amount of money to the concerned special municipality or county/city government or township, or county-administered city office.
The Ministry of the Interior shall stipulate the regulations regarding the provided or donated items, proportion, calculation, operating and processing procedures, and required documents in the examining guidelines or disposal principles.
Article 27-2
Parallel operations may be adopted for major development investment cases that involve formulation or modification of urban plans and environmental impact assessment, water conservation, and maintenance required by law. If necessary, the competent authority for the urban development in concern may convene joint examine meetings to make the decisions.
The Ministry of the Interior shall consult with the environmental protection and water conservation authorities in the central government to stipulate the regulations regarding the definition of major development plans and the composition and operating procedure of the joint examine meetings described in the preceding paragraph.
Article 28
Modification of master plans and detailed plans, the examination, public display, presentation for approval by the supervising agency, as well as the announcement and implementation shall be conducted according to Articles 19 to21, and 23.
Article 29
The Ministry of the Interior and local governments at all levels or township and county-administered city offices may send personnel to conduct investigations and surveys on all public and private land for the establishment, formulation or modification of urban plans. However, to enter land that is fenced off or blockaded, the said personnel shall notify the owner or user in advance.
If removal or elimination of obstacles is required for the land investigations and surveys described in the preceding paragraph, the owner or user of the land must be notified in advance and appropriate compensation shall be made for any damages there of incurred. Both sides shall negotiate to determine the amount of compensation. If both sides fail to reach consensus, the concerned special municipality or county/city government shall request the Ministry of the Interior in writing to make the decision.
Article 30
If deemed necessary, the concerned special municipality or county/city government or township, or county-administered city office may encourage private individuals or groups to invest on the public services and facilities and permit such investors to charge certain fees. The Ministry of the Interior or the concerned municipality government shall stipulate the corresponding investment regulations and the concerned special municipality or county/city government shall set the fee charging standards.
The land reserved for public facilities may be put to use for multiple purposes. The Ministry of the Interior shall stipulate the regulations regarding the corresponding land classification, use items, approval conditions, and operating and processing procedure.
Article 31
If necessary, Article 29 shall apply to private individuals and groups permitted to invest and manage public services and facilities inside areas covered by urban plans.