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Urban Planning Law(都市計畫法)
Urban Planning Div
Publish on 2015-12-30
都市計畫法 (Ch)

Promulgated by the Nationalist Government on June 8, 1939  
Amendment promulgated per presidential order on September 1, 1964   
Amendment promulgated per presidential order on September 6, 1973
Amendment promulgated per presidential order on July 15, 1988
Full text of 32 articles enacted and promulgated by the Nationalist government on June 8, 1939
Full text of 69 articles after amendment promulgated per presidential order on September 1, 1964 
Full text of 87 articles after amendment promulgated per presidential order on September 6, 1973 
Amendment of Articles 49 to 51 and addition of Article 50-1 promulgated per presidential order on July 15, 1988
Amendment of Articles 79 and 80 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 8900017390 on January 26, 2000
Addition of Article 27-2 and amendment of Articles 19, 23 and 26 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 09100095630 on May 15, 2002
Addition of Articles 27-1, 50-2 and 83-1 and amendment of Articles 4, 10, 11, 13, 14, 18, 20, 21, 25, 27, 29, 30, 39, 41, 64, 67, 71, 77 to 79, 81, 82, 85, and 86 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 09100239060 on December 11, 2002 (Article 50-2 to take effect on March 1, 2004)) 
Amendment of Article 83-1 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 09700288161 on January 7, 2009
Amendment of Article 84 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 09900123171 on May 19, 2010

Amendment of Article 42, 46 promulgated per presidential order Hua-Zong-Yi-Yi-Zi No. 10400153661 on Dec 30, 2015

Chapter I: General Provisions

Article 1: This Law is enacted for the purpose of improving the living environment of residents, and promoting a planned and balancing development in city, town, and rural settlement.

Article 2: All urban plans shall be formulated in accordance with the provisions of the law. Where no provision is prescribed herein, provisions in other law shall be applicable.

Article 3: An urban plan as referred to herein shall refer to a planned development for significant facilities concerning urban living such as economic activities, communications, sanitation, public security, national defense, culture, education, recreation and so on within a definite area and to a rational planning for land use therein.

Article 4: The competent authority for enforcing this Law shall be the Ministry of the Interior at the central level, the municipal government at the special municipality level, and the county/city government at the county/city level.

Article 5: The urban plan shall be formulated on the basis of their present and past conditions and of an anticipated 25-year development.

Article 6: Special municipality and county/city governments may restrict use of land in areas covered in urban planning area that hinders the enforcement of the urban.

Article 7: The terms applied in this Law are defined as follows:
1) Master plan: referring to the master-plan specifications and master-plan map established in accordance with Article 15 to set the guidelines for the formulation of detailed plans.
2) Detail plan: referring to the detail-plan specifications and detail-plan map established in accordance with Article 22 to guide the enforcement of the corresponding urban plan.
3) The implementation plan : according to this Law, referring to the plan of the physical construction of public facilities, new urban development, and renewal of old area.
4) Preferential development area: referring to areas given priority for planning, construction and development within ten years.
5) New urban development: referring to areas where there are few buildings and no urban plan has been implemented.
6) Old area renewal: referring to dismantling, reconstruction, renovation or special maintenance of buildings in areas where concentrations, disorderliness and dilapidation of old buildings are concentrated, disorderly, and dilapidated have become blemishes on the appearance of the city, town, or local area as well as threats to public safety.

Article 8: Formulation and modification of urban plans shall be conducted in accordance with the procedure set forth in this Law.

Chapter II: Formulation, Modification, Announcement and Implementation of Urban plans

Article 9: Urban plan are divided into the three following types:
1) City (town) plan,
2) Countryside street plan,
3) Special district plan.

Article 10: City (town) plans shall be formulated for the following:
1) The national capital and special municipalities
2) Provincial capitals and cities
3) Seats of county governments and county cities
4) Towns
5) Other areas designated by the Ministry of the Interior or county/city governments as requiring city (town) plans to be formulated according to this Law.

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 Law.

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 and township, town and county city offices shall formulate urban plans in accordance with the following:  
1) Special municipality and city governments shall formulate city development plans. Town, township and county city offices shall formulate town and county 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/town 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/town 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 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, town, or county 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, town or county 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, town or county city office. The time and location of the public display and presentation shall be published in newspapers 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 cities shall require the approval of the Ministry of the Interior.
4) Master plan for towns 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 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 Artilce 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, town or county city office according to the preceding article.

Article 25: When a detailed plan formulated or modified by a interested party as described in the preceding article is rejected by the concerned municipality or county/city government  or township, town or county 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, town or county 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, town or county 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, town and county 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, town or county 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.

Chapter III: Land Use Control and Zoning

Article 32: Urban plans shall include demarcation of residential, commercial, and industrial districts and zones for other or designated purposes may also be demarcated according to the circumstances.  
Depending on the circumstances, the districts for different purposes described in the preceding paragraph may be subdivided and different levels of land use control shall be applied.

Article 33: According to the geographic conditions, the current use, or military security needs, agricultural or conservation districts may be defined and building use in such areas shall be restricted.

Article 34: Residential district shall be demarcated with protection of living environment taken into consideration and the use of land and buildings in such areas may not jeopardize the peacefulness, safety and sanitation in such areas.

Article 35: Commercial district shall be demarcated with promotion of business development taken into consideration. The use of land and buildings may not impede the business activities in such areas.

Article 36: Industrial district shall be demarcated with facilitation of industrial progress taken into consideration. The use of land and buildings shall be for industrial purposes. Factories with potential hazards and likely to create pollution shall be contained in designated zones.

Article 37: The use of land and buildings in districts for administrative, cultural and educational, and scenic purposes shall be in line with the corresponding regulations.

Article 38: The use of land and buildings inside special exclusive district may not be in violation of the designated purposes stipulated.

Article 39: The Ministry of the Interior or the concerned special municipality government may act according to the local conditions and stipulate in the enforcement rules of this Law regulations regarding the use of land and buildings inside the various areas and designated areas covered by each urban plan, the base area or the proportion of vacant lots within the base area, the floor area ratio, the depth and width of the front, back and side yards, the parking lots and building heights, as well as matters in relation to transportation, landscapes and fire safety.

Article 40: After an urban plan is announced and implemented, building administration shall be executed according to the Building Act.

Article 41: After an urban plan is announced and implemented, the existing buildings within the area that are incompliant with the zoning regulations may undergo reparation but annexation or reconstruction shall be disallowed. If deemed necessary, the concerned special municipality or county/city government , or township, town or county city office may act according to the conditions and order the owners of such buildings to change the classification or relocate within a given period. The said authority shall make appropriate compensation for damages incurred from the said change of classification or relocation. 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.

Chapter IV: Land for Public Facilities

Article 42: Depending on the circumstances, the area covered by an urban plan shall include land reserved for the following public facilities:
1) Roads, parks, greeneries, squares, playgrounds, civil airports, parking spaces, waterways, and ports;
2) Schools, social education institutions, social welfare facilities, sports venues, marketplaces, medical and health institutions, and government agencies
3) Water supply and drainage systems, post offices, telecommunications offices, substations, and other public services; 
4) Other public facilities specified in this chapter. 
In principle, the public facilities specified in the subparagraphs of the preceding paragraph shall be installed in public land when available.

Article 43: The public facilities to be installed, the location and the size of the area shall be determined according to the population, land use, transportation systems, and future development in order to facilitate the daily life activities of the residents and ensure the quality of the living environment.

Article 44: The road systems, parking spaces and gas stations shall be arranged according to the land use zoning, traffic flows, and expected development. Railroads and highways that pass through the planned area shall be prevented from going through the central area.

Article 45: Parks, sports venues, greeneries, squares and playgrounds shall be installed systematically according to the population density and the natural environment. Except for special circumstances, the total area used for these purposes may not be less than 10% of the total area covered by an urban plan.

Article 46: Elementary and secondary schools, social education venues,  social welfare facilities, marketplaces, post offices, telecommunications offices, substations, health offices, police stations, fire stations, and raid shelters shall be installed according to the number of households and spread of residents in the area.

Article 47: Slaughterhouses, garbage disposal plants, funeral homes, crematoriums, public cemeteries, sewage treatment plants, and LPG plants shall be installed on the edge of the area to prevent hindrance to urban development and the safety, peacefulness, and sanitation in the area.

Article 48: Land reserved for public service facilities shall be expropriated or purchased by the operators of such public services according to related laws. Land for other public facilities shall be acquired by the concerned government or township, town or county city office through the following approaches:  
1) Expropriation,
2) Zone expropriation ,
3) Urban land readjustment. 

Article 49: Compensation for land obtained through expropriation or zone expropriation for public facilities shall be made in accordance with the average current value of the neighboring non-public facility land announced by the government during the fiscal year in which the expropriation is made. If necessary, an extra percentage may be added but it shall not exceed 40% of the said value. Compensation for the land improvements shall be made according to the cost required for reconstruction. 
The land price evaluation committee of the concerned special municipality or county/city government shall decide the standard of the extra percentage described in the preceding paragraph when evaluating the current land value of the fiscal year.

Article 50: Land reserved for public facilities may be used for construction of temporary buildings by application before it is obtained for the planned purposes.  
When notified by the local government that the construction of public facilities is to commence and the said buildings must be dismantled within a given period, the owners of the temporary buildings described in the preceding paragraph must comply unconditionally. Otherwise, compulsory dismantling shall be enforced.  
The Ministry of the Interior shall stipulate the regulations regarding the use of temporary buildings on land reserved for public facilities in urban plans.

Article 50-1: The extra compensation obtained for land expropriated for public facilities according to Paragraph 1 of Article 49 shall be exempted from income tax. If the amount is inherited or transferred as a gift between spouses or lineal relatives, it shall be exempted from inheritance tax or gift tax.

Article 50-2: Owners of private land reserved for public facilities may apply for exchange with public land not reserved for public facilities without being subject to related regulations in the Land Act, National Property Act and the property management regulations of governments at all levels. Owners of land that has been demarcated as reserved for public facilities for 25 years or more but has not been expropriated shall have the priority to apply for such exchanges.
The Ministry of the Interior shall stipulate the regulations regarding the range of land exchange described in the preceding paragraph, as well as the priority order, calculation, operating and application procedure, and required documents. 
The Executive Yuan shall determine the enforcement date of this article.

Article 51: Land designated as reserved for public facilities may not be put to use in contradiction to the purposes specified. However, the original use may be continued or changed to other use not as contradictory to the purposes specified.

Article 52: Expropriation of private land or appropriation of public land by governments at all levels within the area covered by an urban plan may not be in contradiction to the local urban planning. Public land must be processed according to the local urban planning. To construct public facilities on land that has been reserved for public facilities, the concerned special municipality or county/city government , or township, town or county city office shall conduct the appropriation according to related regulations and also compensate for the land improvements, if any, according to the cost required to make the reconstruction.

Article 53: If the land where a private individual or group is given permission to invest on public facilities and operate public services belongs to public land, the said party may apply to the managing agency to rent the land in question; if the land belongs to private owners and both sides are unable to reach a purchase agreement, the said party shall prepare the amount and request the special municipality or county/city government  to make the purchase on its behalf.

Article 54: Public land rented according to the preceding article may not be subleased. If the private individual or group operating a public facility loses the capacity to continue the operation or engages in any operation inconsistent with the approved plan or fails to abide by related regulations, the special municipality or county/city government may notify the managing agency to terminate the lease immediately and rent the land to another party to continue the operation. If necessary, the said government may take over the operation. Under such circumstances, the said private individual or group shall be compensated for already installed facilities according to the amount determined after asset reassessment.

Article 55: If the land purchased by a special municipality or county/city government on behalf of a private individual or group is transferred or the operator engages in any operation inconsistent with the plan approved, the said special municipality or county/city government shall have the priority to purchase the land at the original price. Private individuals or groups that transfer such land without the approval of the concerned special municipality or county/city government , the priority given to the special municipality or county/city government to purchase the land in question shall prevail over the transfer.

Article 56: Public facilities that have been completed and voluntarily donated along with the land to the local government by private individuals or groups shall be registered as the property of the city, township, town, or county city. The city, township, town, or county city receiving the donation shall be responsible for the maintenance of such properties and also award the donors.

Chapter V: New Urban Development

Article 57: After a master plan is announced and implemented, the concerned special municipality or county/city government , or township, town or county city office shall act according to Article 17 and draw up implementation plan to develop the new urban according to the priority order established.  
The implementation plan referred to in the preceding paragraph shall include the following:
1) The size of the area demarcated,
2) The approaches of acquisition and arrangement of land,
3) The landscaping and subdivision of land,
4) The construction of public facilities,
5) The financial plan,
6) The Implementation schedule,
7) Other required information.

Article 58: County/city governments may execute zone expropriation or urban land consolidation in the designated area for the new urban development.
The land administration agency conducting land consolidation according to the preceding paragraph shall prepare plan of land consolidation and present it to the supervising agency for approval and public announcement for 30 days. 
During the announcement period described in the preceding paragraph, if more than half of the land owners whose the properties exceed more than half of the total land area in the land to be consolidated object to the land consolidation plan, the land administration agency shall act according to the reasons of objection and revise the plan of land consolidation, present it again for approval, and execute the plan without going through the 30-day announcement period.  
After the area to be consolidated is determined, the concerned special municipality or county /city government  may publicly announce the prohibition on any land transfer, division, establishment of encumbrance, new construction, additional construction, reconstruction, quarrying, or change of terrain. However, the said prohibition may not last more than one year and six months.  
The Ministry of the Interior shall stipulate the regulations regarding the minimum size of land , the format of plan, and the information required in the land consolidation.

Article 59: When expropriation by sections in a new urban development is in progress, the public land under the jurisdiction of governments at all levels shall also be handed over to the concerned special municipality or county/city government for consolidated disposal according to the new urban development plan.

Article 60: Governments at all levels having jurisdiction over public land that has been designated for particular purposes and such designation is not inconsistent with the new urban development plan may notify in writing the concerned special municipality or county/city government  to have the said public land re-demarcated. The said land need not be sold but the government with jurisdiction shall be responsible for the landscaping expenses.

Article 61: After obtaining the approval of the concerned special municipality or county/city government , private individuals or groups may participate in the new urban development. However, the land included in the development plan shall measure 10 hectares at the minimum and the application shall be submitted along with the following documents:  
1) Proof of land size and ownership or authorization,
2) The detailed plans specifications and maps,
3) The public facility plans,
4) The layout of buildings,
5) The engineering schedule and completion dates,
6) The financial plan,
7) The plan for disposal of land and buildings after completion. 
The private individuals or groups referred to in the preceding paragraph shall be responsible for the roads, playgrounds, parks and other necessary public facilities to be installed in the new urban to be developed.

Article 62: Private individuals or groups given approval to participate in new urban development may request the concerned special municipality or county/city government , or township, town or county city office to build or repair related public facilities outside the area covered by the development plan described in the preceding article as well as provide technical assistance.

Chapter VI: Old Urban Renewal

Article 63: If necessary, special municipality or county/city governments , or township, town or county city offices may act according to detailed plans, demarcate the areas considered deteriorated or disorderly, and establish and implement the corresponding renewal plans.

Article 64: Urban renewal shall be conducted through the three following approaches:   
1) Reconstruction: The entire area is expropriated, buildings are torn down for reconstruction, residents are resettled, and the land may also be reclassified or the land use density redefined. 
2) Renovation: The buildings inside the area undergo compulsory modification , reparation, maintenance or facility improvement. If necessary, part of the land and buildings in the designated areas may be expropriated; the buildings may be torn down and rebuilt, and the public facilities improved. 
3) Maintenance: The administration of the land use and buildings inside such areas is reinforced and the public facilities improved and maintained in good condition.
Special municipality or county/city governments  shall establish the criteria for demarcation of areas to undergo renewal according to the local situations and purposes and present them to the Ministry of the Interior for approval.

Article 65: Renewal plans shall include the following:
1) The detailed design specifications of the sections to undergo reconstruction, renovation and maintenance,
2) The land use plan,
3) The plans specifications for the construction, reparation or improvement of the public facilities inside the area,
4) The implementation plan,
5) The financial plan,
6) The implementation schedule.

Article 66: Demarcation of areas to undergo renewal and the formulation, modification, and presentation for approval and announcement of renewal plans shall be conducted according to the procedures set forth in related detailed plans.

Article 67: Renewal plans shall be executed by the concerned special municipality or county/city government , or township, town or county city office.

Article 68: When executing renewal plans, the competent authority may act according to related regulations and expropriate or zone expropriation the land and buildings within the area to undergo renewal.

Article 69: After an area to undergo renewal is demarcated, terrain changes, new construction, additional construction or reconstruction of buildings in places where dismantling and reconstruction are to be implemented shall be prohibited.

Article 70: Agencies or institutions in charge of renewal plans may surrender or put up for sale the sites where buildings have been dismantled for reconstruction and cleared up. Successors shall rebuild according to the time frame set forth in the renewal plan. The competent authority shall repossess the land at the original selling price from those failing to comply and conduct the reconstruction or sell the site to a different party.

Article 71: When necessary, a special municipality or county/city government , or township, town or county city office may stipulate supplementary regulations to strengthen land and building use control in specific areas and enforce the said regulations after obtaining approval from the Ministry of the Interior.

Article 72: Agencies or institutions executing renewal plans may order the buildings inside the area covered by the plan to undergo modification , reparation, maintenance, or facility improvement and also provide technical assistance.

Article 73: Public housing projects shall be formulated and executed in coordination with the urban renewal plans implemented by special municipality or county/city governments  or township, town or county city offices. All public housing projects shall include a certain percentage of affordable homes to be sold or rented to residents to be resettled in implementation of renewal plans.

Chapter VII: Organization and Budgets

Article 74: The Ministry of the Interior, governments at all levels, and township, town and county city offices shall create an urban planning committee to conduct urban plan research and examine.
The Executive Yuan shall stipulate the regulations regarding the organization of urban planning committees.

Article 75: The Ministry of the Interior, governments at all levels, and township, town and county city offices shall recruit and appoint urban planning specialists.

Article 76: Public land for roads, parks, greeneries, squares, waterways, and ports that falls into disuse due to implementation of urban plans and reclaimed land adjacent to areas covered by urban plans shall be managed and utilized by local governments or township, town or county city offices implementing the urban plan. The proceeds from disposal of such land may be appropriated to fund the implementation of urban plans.

Article 77: The budgets local governments or township, town or county city offices require to implement urban plans shall be provided from the following sources: 
1) Annual budgeting,
2) Community development fees for construction projects,
3) Appropriations from and appreciation tax income,
4) Private donations,
5) Funding from the central or county government,
6) Profits of public services operated in developed areas,
7) Proceeds from urban development fees.  
The regulations regarding the imposition of urban development fees shall be enacted separately.

Article 78: The central government or special municipality or county/city governments may issue government bonds to raise the funds required to implement urban plans or land expropriation. 
The regulations regarding the issuance of the government bonds stated in the preceding paragraph shall be enacted separately.

Chapter VIII: Penalty Provisions

Article 79: If the land or building use, construction, quarrying, or change of terrain inside an area covered by an urban plan is in violation of this Law or the orders of the Ministry of the Interior, special municipality or county/city governments , or township, town or county city offices, the concerned government or township, town or county office may impose a fine between NT$60,000 and 300,000 on the owner, user or manager of the land or building and also order the said party to dismantle, rebuild, stop using, or restore the land or building. The same fine shall be imposed for each act of non-compliance. The water and power supply shall be cut and the land or building shall be shut off, dismantled, or restored to its original condition and the owner, user or manager shall be responsible for the expenses thereof incurred. 
The fines described in the preceding paragraph shall be paid within the period specified or the case shall be taken to court for compulsory execution. 
The two preceding paragraphs shall apply to areas where construction is prohibited according to Article 81.

Article 80: In addition to compulsory execution, owners, users or managers who fail to dismantle, rebuild, stop using, or restore the land or buildings as described in the preceding paragraph may also be given the sanction of up to six months of imprisonment or detention.

Chapter IX: Supplementary Provisions

Article 81: When formulating, expanding or modifying urban plans according to this Law, the area to be covered by the plan shall first be demarcated and approved by the concerned urban planning committee. New construction, additional construction, rebuilding, change of terrain, or large-scale quarrying may be prohibited, unless such activities are for military purposes, emergency relief or public interest, or the construction is already underway and special approval for continuation has been obtained from the competent authority. 
The Ministry of the Interior shall stipulate the regulations regarding the conditions for the special approval described in the preceding paragraph, application procedure, required documents, and revocation of approval when violations occur. 
The length of prohibition stated in Paragraph 1 shall be no more than two years, depending on the size of the area covered by the plan and the nature of the public services.   
The range and length of prohibition of construction shall be presented to the Executive Yuan for approval. 
When buildings constructed with the special approval described in Paragraph 1 are found in contradiction to urban plans and must be dismantled, the concerned parties may not request for compensation.

Article 82: When a special municipality or county/city government  finds it necessary to request for reconsideration of a master plan or detailed plan that has been approved by the Ministry of the Interior, such a request may be made once only and shall be filed within one month after receiving the approval document. If the Ministry of the Interior sustains the original plan after reconsideration, the said government  shall announce and implement the plan according to Article 21.

Article 83: The period of use of land expropriated in accordance with this Law shall be the time frame approved without being subject to the restriction set forth in Article 219 of the Land Act. 
The original owner of land that has not been used according to the time frame approved may buy back the land at the original expropriation price.

Article 83-1: Acquisition of land reserved for public facilities, preservation and maintenance of buildings of memorable or artistic value and historical monuments, and provision of public open space may be conducted through transfer of floor area rights. 
The Ministry of the Interior shall stipulate the regulations regarding the types of sending sites in transfer of floor area rights, the determination of floor area rights to be transferred out, the range of floor area rights to be transferred in, the limit of floor area rights to be transferred into receiving sites, the conversion formulae, the transfer approaches, payment for purchases of floor area rights, the operating and application procedures, and the required documents.

Article 84: Resale of zone expropriated land by sections according to this Law after development may be exempted from the restrictions set forth in Articles 25 of the Land Act. However, the original owners may buy back a proportion as stipulated in the Equalization of Land Rights Act before the land is put up for sale.

Article 85: The enforcement rules of this Law shall be stipulated by special municipality governments at the special municipality level and approved by the Ministry of the Interior and forwarded to the Executive Yuan for record and stipulated by the Ministry of the Interior at the provincial level and presented to the Executive Yuan for record.

Article 86: Special municipality or county/city governments , or township, town or county city offices shall compile a report on the implementation progress of urban plans they execute within one month after the announcement and implementation of such plans and present the report to Ministry of the Interior or county/city  for reference.

Article 87: This Law shall enter into force on the day it is promulgated.

Last Updated on 2016-01-07
 
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