ACT OF JOINTS 20/05/2010 No 207 (Excerpt)
Full text published www.provincia.ancona.it
NOTING THAT:
- on 18/03/2010 reached by the plan called "detailed plan of public initiative" Park Cesanelli " Adopted version 2009 under Articles. 4:30 LR Urb N. 34/92 "broadcast by the city of Senigallia letter prot. No 14292 on the same date, recorded at ns. prot. No 26255 of 23/03/2010;
- implementing the plan in question was adopted by resolution of the City Council Senigallia No 21 of 03/02/2010;
- the variant of the detailed plan, initiative public, called "Park Cesanelli", is a new definition of standards as technical implementation of the plan, new rules for the implementation of the inner compartments and a new organization of the road network
VISA reported in the deliberation of the adoption of the above mentioned which, in particular, has certified that the transaction will not include alternatives to the current PRG under subsequent amendments LR 34/92 and therefore are not subject to Strategic Environmental Assessment, pursuant to paragraph 8, letter n) of paragraph 1.3, "Scope" Guidelines for Environmental Assessment, approved by resolution of the Regional No 1400 of 20/10/2008;
WHEREAS, by letter prot. No 26737 of 24/03/2010, kept a strict account of what was held in municipal adoption decree, the Provincial Administration, as the competent authority in the field of SEA - pursuant to paragraph 1 letter b) of Art. 19 LR 12 June 2007 No 6 - took note of these statements and decided to share the aforesaid exclusion on the basis of the elements identified in the 'Municipal Administration in accordance with section 8 letters. n) of paragraph 1.3, "Scope" of the above guidelines, the VISTA
ns. letter prot. No 33984 of 19/04/2010 by which it informed the suspension of proceedings for the acquisition integrations, particularly by requiring the City wanted to make a copy or extract of the arrangement of the project area interessta variant approved by the City Council with Resolution No. 70, 21/09/2000 and as a prerequisite for the reactivation of the proceedings referred to in paragraph 3 of art. 1 LR 34/2005;
acknowledging that on 26.4.2010 was received by the Municipality of Senigallia letter prot. No 21449 of 23/04/2010, ns. prot. No 37187 of 27/04/2010, the additional documentation required;
GIVEN that the County, pursuant to art. 30 paragraph 3 of the LR 34/92 as amended by art. 1 LR 34/2005, within 60 days following the date of receipt of the documentation, and that may make observations in this case that period expires, taking into account the period of suspension of the period commencing on 24/05/2010;
WHEREAS, following the investigation carried out by the instructor surveyor Dr. Daniel Griolucci natural beauties of man and supervision of the Planning Service, showed the need to comment on the implementation plan in question;
VISAS AND RECALL:
- the deliberation of the Provincial Council No 87 of 07/11/2005 supplementing the existing Regulation on discipline procedures relating to adoption of acts and for duties jurisdiction of the provincial administration with regard to the specific procedure for the formulation of comments on local implementation plans;
- art. 1 LR 34/2005, which amended Art. 30 LR 34/92;
NOTES that the proposal does not need to seek the opinion of regularity accounts, is not emphasized in the proposal directly or indirectly, any aspect that's present financial, economic or accounting
aims
1.) to make the following observation to the implementation plan submitted by the City of Senigallia letter prot. No 14292 of 18/03/2010, which was received on the same day and recorded the factory. prot. No 26255 of 23/03/2010, subsequently integrated in our date 26/04/2010. prot. 27/04/2010 n.37187 consisting of a plan called "detailed plan of public initiative Cesanelli Park" Adoption variant 2009 under Articles. 4:30 LR Urb N. 34/92:
"In order to cooperate and participate in defining project showed the need to comment on some aspects of the documentation provided by the analysis found.
Given that this project is a variation to a pre-existing implementation plan, has highlighted the need to consider together the master plan approved by City Council Resolution No. 70 of 21.09.2000. The comparison
the two urban projects, that is approved and the time variation, there are two solutions planovolumetriche different, especially with regard to building sites and the different arrangement of the internal roads.
The implementation plan has a total extension of over 10 hectares, a condition that places it among the cases included in Annex B2, paragraph 5, letter b) LR 7 / 2004 "Regulations on the procedure of environmental impact assessment", which thus operates subject to EIA
Therefore, given that the current master plan is approved before the entry into force of Law on EIA (LR 7 / 04) and therefore was not subject to assessment Environmental Impact, is necessary before approval of this variation, to determine the nature of it, in order to verify the substantiality, by using, as a yardstick of the contents of paragraph 1.4 of the "General Guidelines for 'implementation of the Regional Law on EIA (DGR 1600/2004).
If a declaration of substantiality of the variant would be to determine the condition of suspension of the intervention to EIA, with the eventual direct result of submission of the plan to the Strategic Environmental Assessment process in accordance with paragraph 1.3.1 letter a) Regional Guidelines, approved by DGR 1400/2008.
2.) Communicate this observation to the town of Senigallia under and for the purposes of art. 30, paragraph 3, of Regional Law 34/92, as amended by art. 1 LR 34/2005, which states that "The City approves the plans on time motivating the observations made by the Province ... Omission.."
3.) Invite the municipality of Senigallia to transmit to the Province and the Region copy of the resolution approving the implementation plan in question within ninety days of approval thereof, pursuant to art. 30, paragraph 5, of LR 34/92, as amended by art. 1 LR 34/2005. (...) The Board
As shown above
the investigation document issued on 14/05/2010 by the Planning Service of the Department III of the Territory Government;
Considered to share the document for the reasons given and therefore can take up the proposal under consideration;
Since the same reported a favorable opinion of regular technical office concerned;
By unanimous vote and acting in blatant
1.) to make the following observation to the implementation plan submitted by the City of Senigallia letter prot. No 14292 of 18/03/2010, which was received on the same day and recorded the factory. prot. No 26255 of 23/03/2010, then integrated ns on 26/04/2010. prot. 27/04/2010 n.37187 consisting of a plan called "detailed plan of public initiative Cesanelli Park" Adoption variant 2009 under Articles. 4:30 LR Urb N. 34/92:
"In order to cooperate and participate in defining project showed the need to comment on some aspects of the documentation provided by the analysis found.
Given that this project is a variation to a pre-existing implementation plan, has highlighted the need to consider together the master plan approved by City Council Resolution No. 70 of 21.09.2000.
The comparison of the two urban projects, that is, one approved and the time variation, there are two solutions planovolumetriche different, especially with regard to building sites and the different arrangement of the internal roads.
The implementation plan has a total extension of over 10 hectares, a condition that places it among the cases included in Annex B2, paragraph 5, letter b) LR 7 / 2004 "Regulations on the procedure of environmental impact assessment", which thus operates subject to EIA
Therefore, given that the current master plan is approved before the entry into force of Law on EIA (LR 7 / 04) and therefore was not subject to Environmental Impact Assessment, is necessary before approval of this variation, to determine the nature of it, in order to verify the substantiality, by using, as a yardstick of the contents of paragraph 1.4 of the "General Guidelines for the implementation of the Law Regional EIA (DGR 1600/2004).
If a declaration of substantiality of the variant would be to determine the condition of suspension of the intervention to EIA, with the eventual direct result of submission of the plan to the Strategic Environmental Assessment process in accordance with paragraph 1.3.1 letter a) Regional Guidelines, approved by DGR 1400/2008.
2.) Communicate this observation to the town of Senigallia under and for the purposes of art. 30, paragraph 3, of Regional Law 34/92, as amended by art. 1 LR 34/2005, which states that "The City approves the plans on time motivating the observations made by the Province ... Omission.."
3.) Invite the municipality of Senigallia to transmit to the Province and the Region copy of the resolution approving the implementation plan in question within ninety days of approval thereof, pursuant to art. 30, paragraph 5, of LR 34/92, as amended by art. 1 LR 34/2005. (...).
