Planning scheme ordinance for area 02/1 commercial-industrial zone komenda ozka dela – stage II

VII. SOLUTIONS AND MEASURES FOR THE PREVENTION AND PROTECTION FROM NATURAL AND OTHER DISASTERS

Article 30

(Protection from natural and other disasters; fire protection)
Evacuation routes and designated areas for the protection of people and material goods, and emergency access routes and areas have been provided for the event of natural disasters and other emergencies. In addition to other appropriate measures, the distance between buildings/structures is governed by the need to reduce the danger of fire (fire separation). To ensure adequate volumes of water for fire fighting purposes, the water supply network will include a fire hydrant network featuring above ground fire hydrants.

VIII. IMPLEMENTATION STAGES AND OTHER CONDITIONS FOR THE IMPLEMENTATION OF THE PLANNING SCHEME
Article 31

(Implementation stages)

In the fist stage, stormwater retarding basins and associated infrastructure for individual sectors shall be constructed. Other construction and landscaping works will be carried out in several stages, which are independent of each other in terms of time sequence. Each cluster of buildings/structures represents a stage in its own right; partial implementation is also possible, provided it represents an integral whole. Inside each stage or beforehand, as dictated by the design brief, associated infrastructure and facilities with adequate capacity to meet demand shall be installed. In the course of works being carried out inside each stage of construction, appropriate safety measures shall be implemented to ensure the protection of the living and working environment. Individual construction stages shall be identified and their content described in a special brief included in the building permit documentation (i.e. design documentation) drafted by the designer of the Planning Scheme.
The provisional use and designation of land excluded from the first or preliminary stages of Zone construction shall remain unchanged. Existing arrangements in force will continue to apply and any development-related spatial interventions on such land shall be restricted to the interventions that are essential to the implementation of preliminary construction stages.

Article 32

(General obligations of investors and contractors)
In addition to the obligations stipulated in this Ordinance, other obligations of investors and contractors before, during and after construction shall include the following:

1. 
   Design and implementation of appropriate measures at the construction site so as to ensure the safety and use of nearby buildings/structures and land;
   
2. 
   Implementation of appropriate traffic arrangements during construction so as to prevent major congestion on the existing road network and a significant deterioration of road safety;
   
3. 
   Rectification, in the shortest possible time, of disproportionate adverse effects caused by the construction and operation of the Commercial-Industrial Zone;
   
4. 
   During construction, keeping noise emissions from the construction site in all areas below critical noise levels applicable to individual areas, where the distance from the source of noise (i.e. construction site) is measured in a straight line i.e. at a 90 ° angle from the source of noise.
   
5. 
   Maintenance of roadside vegetation as a landscape feature and pollution control device;
   
6. 
   Ensuring the rectification of damaged buildings/structures, facilities, areas and appertaining land as a result of construction works;
   
7. 
   Rehabilitation or restoration to their original condition of all lanes and roads damaged or terminated as a result of the construction of the Commercial-Industrial Zone or its access points;
   
8. 
   On completion of infrastructure construction and associated works on land temporarily acquired for this purpose, restoration of such land to its original use.
   

For the implementation of all measures specified above, a building permit shall be obtained before commencing construction; this shall apply to each individual stage or part of a stage.

Article 33

(Monitoring)

Before commencing construction, the following activities shall be carried out:

1. 
   Monitoring of water quality and the volume or organic matter accumulating in the retarding basin of Commercial-Industrial Zone – Stage I, designed to provide a reference point in the assessment of nutrient levels flowing into the habitat under consideration, should the water from the retarding basin of Commercial-Industrial Zone – Stage I be discharged into the retarding basin in Commercial-Industrial Zone – Stage II.
   
2. 
   A total monitoring plan for the areas identified in the environmental impact assessment report shall be provided;
   
3. 
   When determining monitoring points, points of previously carried out reference measurements should be considered; For physical measurements designed to establish the condition of selected environmental parameters (soil, water, air, noise), the minimum number of monitoring points shall be the number that will provide a well-founded information on individual parameters;
   
4. 
   Piezometer groundwater monitoring, in line with the schedule furnished by a hydrogeologist;
   
5. 
   Monitoring points shall be protected so as to enable an ongoing collection of data.
   

The main objective of the monitoring during construction is to ensure nature protection supervision and the management of the retarding basin area to ensure its compliance with nature protection requirements. For the entire period of construction the investor, in conjunction with the contractor, shall ensure ongoing nature protection supervision performed by an environmental specialist.

In the operating phase, the condition of the habitat under consideration (the alder copse) in the Natura 2000 reserve and water levels in the area shall be monitored for a minimum of five years.
Monitoring should be carried out in line with the regulations applicable to the initial measurements and monitoring of operating noise levels for noise sources and conditions for their implementation, and in line with the guidelines of the environmental impact assessment report. The findings of the monitoring shall be public; making data available shall be the responsibility of the investor.
Additional measures to be undertaken by the investor in case of unsatisfactory results of the monitoring shall be as follows:

(1.) Additional engineering and spatial design solutions,

(2.) Additional planting and thickening of vegetation,

(3.) Rehabilitation, augmentation or construction of new facilities,

(4.) Land use change, and

(5.) Other appropriate measures.

Article 34

(Construction site management)

The construction site shall be confined to the building land for which appropriate building permits have been obtained. For the purposes of the construction site, existing transport routes shall be used and construction of new access routes shall be kept to a minimum. The construction site and its facilities shall not unduly interfere with nature (such as unnecessary logging, except for the purpose of planting border vegetation and the construction of infrastructure, additional transport routes and building materials depot). In addition to the obligations specified in previous articles of this Ordinance, in the course of construction as well as afterwards, the investor and contractor shall also:

1. 
   Ensure road traffic safety on the existing road network,
   
2. 
   Before the start of construction, undertake appropriate dust prevention and other relevant measures on roads and routes used for bypass or transport purposes during construction, and ensure their rehabilitation once construction works have been completed,
   
3. 
   Renew or repair infrastructure lines and other facilities damaged in the course of Zone construction as a result of overload and vibration, and
   
4. 
   In the course of construction, ensure the implementation of all relevant safety measures and set up the construction site so as to prevent contamination of the environment and water resources which may occur as a result of transport, storage and use of liquid fuels and other harmful materials, and, in the event of an accident, ensure that immediate remedial action is taken by appropriately trained personnel.
   

Article 35

(Financing of the proposed development)
The financing of the proposed development in relation to the construction of transport-, utility- and other infrastructure shall be governed by the applicable regulations and outlined in the development plan.

Article 36

(Acceptable derogations)

1. 
   In the implementation of this Planning Scheme derogations from technical solutions stipulated in this Ordinance shall be permitted when subsequent detailed study of geological, hydrological, geomechanical and other conditions has identified superior technical solutions in terms of design, transport or environmental concerns, which however should not lead to a deterioration of environmental and ecological conditions.
   
2. 
   Route deviation of infrastructure lines located outside the area covered by the Planning scheme and at connection points to utility supply systems shall be permitted in line with the development concept of adjacent areas and subject to sound engineering design solutions being proposed. Route deviation of infrastructure lines located inside the area covered by the Planning scheme shall be permitted provided it does not interfere with the design of buildings/structures and transport surfaces, and landscape design. The provision in the preceding sentence, however, shall not apply to driveways. In relation to driveways, derogations in driveway entrance width may be permitted. When designing transport infrastructure, derogations in terms of driveway entrance location may also be permitted, however only in cases where the driveway entrance is moved from one end of the building lot to the other end of the building lot.
   
3. 
   Building lots (functional units) inside functional sectors FC P1 through FC P22 may be amalgamated, subject to maximum floor dimensions of buildings/structures stipulated on individual building lots being observed.
   
4. 
   On building lots FeP 1/2, FeP 6/2, FeP 2/1, FeP 7/1, FeP 2/2, FeP 7/2, FeP 9/7, FeP 9/8, FeP 16/1 and FeP 16/2 maximum floor dimensions of buildings/structures may be increased as indicated in the cartographic part of the Planning Scheme (Type IV), subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
5. 
   Maximum floor dimensions of buildings/structures on building lots FeP 3/1 and FeP 3/4 may be increased by amalgamation, while maximum ground floor dimensions of buildings/structures on building lot FeP 3/1 may be increased as indicated in the cartographic part of the Planning Scheme. The amalgamation and augmentation of maximum floor dimensions shall be subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
6. 
   Maximum floor dimensions of buildings/structures on building lots FeP 4/1 and FeP 4/2 may be increased as indicated in the cartographic part of the Planning Scheme (Type IV); in addition, so augmented dimensions may also be amalgamated as indicated in the cartographic part of the Planning Scheme. The augmentation of maximum floor dimensions and their amalgamation shall be subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
7. 
   In functional sector FC P6 maximum floor dimensions of buildings/structures on building lots FeP 6/5, FeP 6/6, FeP 6/8, FeP 6/10 and FeP 6/11 may be increased by amalgamation as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
8. 
   In functional sector FC P7 maximum floor dimensions of buildings/structures on building lots FeP 7/4, FeP 7/6 and FeP 7/8 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
9. 
   In functional sector FC P8 maximum floor dimensions of buildings/structures on building lots FeP 8/5, FeP 8/7, FeP 8/9 and FeP 8/11 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
   
10. 
    In functional sector FC P9 maximum floor dimensions of buildings/structures on building lots FeP 9/3, FeP 9/4, FeP 9/5 and FeP 9/6 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13). Building lots FeP 9/3, FeP 9/4, FeP 9/5 and FeP 9/6 may also be divided, as indicated in the cartographic part of the Planning Scheme. Maximum floor dimensions of buildings/structures on the divided building lots are likewise indicated in the cartographic part of the Planning Scheme (Type IV). An optional provision has been made for an open channel along the SW perimeter of functional sector FC P9 to connect the two retarding basins, where water from the retarding basin of the existing Commercial-Industrial Zone – Stage I shall be discharged in a way that will prevent the organic matter accumulating at the bottom of the retarding basin from being flushed into the alder copse.
    
11. 
    In functional sector FC P12 maximum floor dimensions of buildings/structures on building lots FeP 12/4 through FeP 12/13 may be increased by amalgamation as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
    
12. 
    In functional sector FC P14 maximum floor dimensions of buildings/structures on building lots FeP 14/10, FeP 14/12, FeP 14/13, FeP 14/14 and FeP 14/15 may be increased by amalgamation as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13). Vertical dimensions of a Type VI building, subject to conditions imposed by the competent spatial planning authority (safety evaluation and risk assessment), can exceed those stipulated in Article 9 of this Ordinance; the height of structures connecting a Type I building and a Type VI building shall not exceed the height of the Type I building, while the height of structures connecting a Type V building and a Type VI building shall not exceed the height of the Type V building.
    
13. 
    In functional sector FC P16 maximum floor dimensions of buildings/structures on building lots FeP 16/3 through FeP 16/6 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13). An optional provision has been made for extending the open channel on lots FeP 16/1 and FeP 16/2 to connect the two retarding basins, where water from the retarding basin of the existing Commercial-Industrial Zone – Stage I shall be discharged in a way that will prevent the organic matter accumulating at the bottom of the retarding basin from being flushed into the alder copse.
    
14. 
    In functional sector FC P17 maximum floor dimensions of buildings/structures on building lots FeP 17/1 through FeP 17/3 and on building lots FeP 17/7 and FeP 17/8 may be increased by amalgamation as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
    
15. 
    In functional sector FC P19 maximum floor dimensions of buildings/structures on building lots FeP 19/1 through FeP 19/8 may be increased by amalgamation as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot.
    
16. 
    In functional sector FC P20 maximum floor dimensions of buildings/structures on building lots FeP 20/1 through FeP 20/3 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot or in a parking facility (in line with the provisions of Article 9 and Article 13).
    
17. 
    In functional sector FC P21 maximum floor dimensions of buildings/structures on building lots FeP 21/1 through FeP 21/3 may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot.
    
18. 
    On building lot FeP 22/2 maximum floor dimensions of the buildings/structures may be increased by amalgamation of certain maximum floor dimensions, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot.
    
19. 
    Should all building lots in functional sectors FC P19 and FC P21 have a common owner, the proposed road on FI 7/4 may be dispensed with and the land used for traffic/manipulation purposes of buildings/structures located in functional sectors FC P19 and FC P21. In that case maximum floor dimensions of buildings/structures in FC P19 and FC P21 may be increased by amalgamation (using the road) as indicated in the cartographic part of the Planning Scheme, subject to adequate surfaces for stationary traffic and manipulation being provided on the building lot.
    
20. 
    The locations of parking facilities indicated in the cartographic part of the Planning Scheme may be changed, however only within the bounds of the same functional sector and building Type. UNP (EP) locations as indicated in the cartographic part of the Planning Scheme may likewise be changed, however only within the bounds of the same functional sector. The locations of pumping stations (retarding basins) for runoff water indicated in the cartographic part of the Planning Scheme may be changed with the proviso that they remain situated in functional sectors outside the proposed green zones. The exception to this rule is the retarding basin situated on FeZ 1/1 - FeZ1/6, which may not be relocated.
    
21. 
    Derogations referred to in the first paragraph should not be contrary to public interest and must be approved by competent bodies and organisations within their individual competencies.
    

IX. PROPOSED DEVELOPMENT OUTSIDE THE AREA COVERED BY THE PLANNING SCHEME:
Article 37

(Traffic)

For the purpose of providing access to forest and rural roads, relevant access roads shall be built outside the area covered by the Planning Scheme.

38. Article

(Public utility infrastructure, energy infrastructure)
For the purpose of connecting the proposed development to public utility and energy infrastructure, utility corridors have been stipulated outside the area covered by the Planning Scheme. The layout of corridors and utility lines is evident from the cartographic part of the Planning Scheme and relevant infrastructure design documentation.

X. INDEX OF ANNEXES TO THE PLANNING SCHEME
Article 39

(Annexes)

Annexes to the Planning Scheme are as follows:
(1.) Summary Document for the Public;

(2.) Abstract from the Strategic Act;

(3.) Explanation;

(4.) Background Documents;

- Geodesic Map,

- Guidelines Issued by Spatial Planning Authorities and Stakeholders.

(5.) Opinions Issued by Spatial Planning Authorities and Stakeholders;

(6.) Development Plan;

(7.) Environmental Report;

(8) Rules and Regulations on the Operation of Commercial-Industrial Zone Komenda.

XI. GUIDELINES ON ESTABLISHING STANDARDS AND CONDITIONS AFTER THE EXPIRY OF THE PLANNING SCHEME
Article 40

(Guidelines)

Following completion of the proposed development and associated construction covered by this Planning Scheme, subsequently adopted standards and conditions should follow the key guidelines designed to ensure the continuation of the adopted concept of urban development.

XII. FINAL PROVISIONS
Article 41

(Inspection and supervision)

The implementation of the provisions of this Ordinance shall be supervised by the Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning, Spatial Planning Inspection Service.

Article 42

(Access to the Planning Scheme)
The Planning Scheme may be inspected at the document designer, Občina Komenda, Zajčeva cesta 23, 1218 Komenda, and at the local administrative unit Upravna enota Kamnik, Glavni trg 24, 1240 Kamnik.

Article 43

(Entry into force)
This Ordinance shall enter into force on the first day following its publication in Uradne objave Glasila Občine Komenda [Official Notices in the Gazette of the Community of Komenda].
Reference no.: 35005-0002/2005

Date: 28. 02. 2008

MAYOR, COMMUNITY OF KOMENDA

Tomaž DROLEC