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

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Article 12

(Access points (connection to Stage I 02))

Area 02/01 Commercial-Industrial Zone Komenda – Ozka dela – Stage II covered by the Planning Scheme connects to the main collector road 02 north of the proposed development via a three-road roundabout. One of the three roads leading to the roundabout is primary collector road A, which represents the central backbone of the proposed development.

In addition to the central connection point, longitudinal collector and transversal connector roads connect directly to forest- and rural roads, thereby ensuring unimpeded access to the adjoining properties. The proposed design of the Zone transport routes allows for a subsequent connection of the Zone to the proposed transport terminal adjacent to the eastern part of the Zone (railway connection between the Brnik airport and Ljubljana) by means of transversal connector road 3 (the connection to the transport terminal, which will be located outside the proposed development covered by the Planning Scheme, shall not interfere with the Natura 2000 reserve and its 100-metre direct impact area).

Article 13

(Traffic arrangements inside the Zone)

The proposed development covered by the Planning Scheme has been designed so that access is provided to each and every functional unit. The main transport route through the Zone is primary collector road A, followed by secondary collector roads B1 and B2, and three tertiary collector roads C1, C2 and C3, all running parallel to each other. The primary road system features transversal connector roads i.e. two primary connector roads (2 and 3) and two secondary connector roads (1 and 4). The main transport routes through the Zone i.e. primary collector road A and primary connector road 3 have been designed to take up the majority of the traffic volume, which is also reflected in their respective sizes (carriageway width 2 x 5.00 m separated by a central green traffic island). All major intersections shall feature roundabouts. Depending on the status of individual roads, carriageways shall feature 1.6 m wide sidewalks on both sides; alongside key transport routes the sidewalk shall be separated from the carriageway by green buffers.
Access to individual buildings/structures shall be by way of individual driveways featuring appropriate width and radius. Own parking shall be provided for the purposes of each building/structure for business, retail, warehousing or manufacturing activity inside their functional unit for vehicles driving to the building/structure. At the building lot entry/exit point, a common 6 metres wide (2 x 3 m) driveway perpendicular to the public road and serving two adjoining building lots (functional units) may be constructed, which shall be agreed by way of easement contracts. Adequate vehicle manoeuvring space and emergency vehicle access shall be provided around individual buildings/structures.
In light of the proposed vehicle capacity of the Commercial-Industrial Zone, several multi-storey parking facilities have been proposed in order to ensure an adequate number of parking spaces. Multi-storey parking facilities are proposed at the points of maximum traffic load; their locations are evident from the cartographic part of the Planning Scheme and Article 9 of this Ordinance. Should an investor be unable to provide the requisite number of parking spaces in accordance with the provisions of the following paragraph, they shall be required, before obtaining the building permit, to enter into an agreement with the entity managing the Zone whereby the balance of parking spaces is provided in additional parking lots or in a multi-storey parking facility.
When calculating the number of parking spots, the minimum number of parking spaces (hereinafter: PM) applicable to different business activities shall be as follows:

  • Business premises with customers 1 PM / 30 m2 net premises

  • Business premises without customers 1 PM / 2 employees

  • Small and large manufacturing premises 1 PM / 50 m2 net premises + 1 PM / 2 employees

  • Warehouses 1 PM / 100 m2 net premises or 1 PM / 2 employees

  • Retail outlets 1 PM / 30 m2 net sales area or min. 2 PM

+ 1 PM / 2 employees.
In light of the commercial-industrial nature of the proposed development where traffic will be limited to deliveries, removals, employees and customers, anticipated vehicle speed will not exceed 40 km/h. Most roads are straight with change of direction occurring only at roundabouts. Intersection radiuses have been designed to accommodate even the most demanding vehicles (semi-trailers, trucks with trailers). This also gives rise to a uniform transverse gradient to ensure adequate surface drainage and prevent water from pooling on the carriageway. Carriageway transverse gradient may be unidirectional or roof-shaped, depending on the elevation of the surrounding terrain. The carriageway shall feature kerbs raised above carriageway level. Roadside pedestrian traffic will be limited to designated corridors marked by a line of granite paving blocks at the passenger corridor level on one side and a green belt on the other. Major driveways will be designed as intersections (wide radius) while minor ones will also feature dropped kerbs. Footpaths and pedestrian routes will likewise feature dropped kerbs to ensure disabled access. The quality of the bedrock will dictate the design of load bearing layers. Prior to project implementation, geological and geomechanical surveys shall be carried out and a geotechnical report including superstructure design shall be furnished. All compacted road and parking lot surfaces will be asphalt coated. Footpaths may feature asphalt coating or other type of permanent paving. All other surfaces not designated for vehicular or pedestrian traffic shall be landscaped and lawned. To maximise traffic safety, all relevant vertical and horizontal road traffic signs and markings shall be installed, in line with the applicable legislation.

Article 14

(General standards and conditions applicable to the design of public utility infrastructure)
All public utility infrastructure shall be designed so as to ensure adequate protection of the environment, meet the relevant safety standards and comply with the applicable regulations. Public utility infrastructure design shall meet the design requirements imposed by the operators of individual public utility infrastructure systems.

The design documentation, which is required for the building permit to be issued, shall comply with the applicable, spatial design related rules, regulations and opinions imposed or issued by spatial planning authorities and stakeholders in relation to infrastructure layout and conditions and guidelines regarding connection to existing public utility infrastructure. At the same time, interventions outside the proposed development (infrastructure impact area), which are required for the purpose of the proposed development, shall be permitted.

All secondary infrastructure systems shall be mutually coordinated and installed in underground conduits parallel to traffic routes and driveways. All power lines and telecommunications lines shall be installed in cable ducts and conduits.

Building lots will feature the following public utility infrastructure: Driveway, public water supply for sanitary and fire fighting purposes, sewerage and stormwater drainage, electricity, public lighting, gas, CATV and telecommunications network.

All buildings and structures shall be connected to power supply, water supply, gas, sewerage and stormwater drainage systems; each building lot will have driveway access from/to a public road.

Article 15

(Discharge and treatment of wastewater and stormwater drainage)
The Commercial-Industrial Zone shall feature separate sewerage and stormwater drainage systems. Sewage from all buildings/structures shall be discharged via a separate, watertight sewage collection system into the existing primary sewerage main, which shall be reconstructed i.e. relocated in line with the proposed sewerage system design stipulated in this Ordinance. All industrial wastewater shall be treated before being discharged into the primary sewerage main.

Stormwater percolation is not an option due to the geological conditions present in the area under consideration. Consequently, a stormwater drainage system shall be designed. Stormwater shall be drained into open catchments via a system of stormwater retarding basins. Given the anticipated stormwater volumes, several retarding basins shall be designed. Runoff water from roofs, carriageways and pedestrian corridors shall be discharged directly into the stormwater drainage system leading to the retarding basins in sectors FZ1 and FZ3 (and elsewhere, as needed), while runoff water from parking lots, yards and carriageways shall be piped into the stormwater drainage system through a series of oil traps. Some of the water below retarding basin level will be pumped out; to this end, an adequate number of pumping stations shall be stipulated. To ensure a controlled discharge of stormwater from the existing retarding basin in sector FZ3, a channel (pipe) leading to sector FZ1 has been proposed to prevent uncontrolled flooding in case of extreme precipitation, which could fill up the retarding basin and exceed the capacity of the pumping station. Water from the existing retarding basin shall be pumped out in a way that will prevent the organic matter accumulating at the bottom of the retarding basin from being flushed into the alder copse.

The minimum total capacity of retarding basins in FZ1 has been determined by a hydrological study. In order to prevent sedimentation of organic matter which could lead to eutrophication, permanent water level in the retarding basin may not exceed one metre. Another role of the retarding basin is to maintain the water regime of the Zadnja struge creek (a Natura 2000 reserve). The retarding basin shall be surrounded by a belt of natural vegetation to a minimum depth of 10 metres. Water from the retarding basins shall drain into the alder copse in the Natura 2000 reserve at the point of the original left tributary of the Zadnja struga creek. The retarding basin discharge area shall be designed so as to cause the flow to calm down and the water to disperse over a wider expanse of the Natura 2000 reserve. The same applies to the retarding basins (pumping stations) located outside green zones in the area covered by the Planning Scheme. At a minimum, the area should be at least 10 metres wide and at least 50 meters long. Retarding basin perimeter and discharge areas shall be assigned a protective function.

A stormwater channel leading from roundabout 3/A to the retarding basin shall be installed to accommodate increased flows caused by heavy precipitation.

Article 16

(Drinking water supply and hydrant network)

The proposed water supply system shall be consistent with the water supply strategy in the Community of Komenda.
Just like Stage I of the Commercial-Industrial Zone, Stage II as well will be connected to the public water supply system. A water supply main has already been installed along the proposed development. The Zone will be supplied from the public water supply system i.e. water main 1 AC  250 mm ductile 150 mm; another option to be provided is connection to the existing PEHD 100 water main at the eastern boundary of the Zone. Given the size of individual fire-fighting sectors, minimum fire-fighting water production shall be set at Qfire = 20.00 l/sec plus minimum 3.00 l/sec water consumption. Consequently, a supply main and an internal circulation main shall be installed. To ensure adequate fire protection, above ground fire hydrants shall be installed at 80 metre intervals. Larger complexes inside the proposed development will have several connections to the circulation main in addition to own water meter operated hydrant network installed on their appertaining land. Other sectors (in particular the Business Sector) featuring smaller buildings and structures, will be connected to the public fire hydrant network. Individual buildings/structures will be connected to the primary water supply main. Additional circulation mains around buildings/structures will be installed in the Business Sector, as required.

Article 17

(Gas supply)
The first stage of the gas supply infrastructure in the existing area of the Commercial-Industrial Zone Ozka dela provides for LPG supply. The LPG storage facility will be situated on the energy island along the northern perimeter of Area 02/01, which will supply the entire Zone. The second stage provides for the supply with natural gas from natural gas facility Vodice; this is to be agreed with the Community of Vodice in accordance with the provisions of the relevant implementing acts in force in the Community of Vodice. Should the proposed natural gas supply not be in place by Zone completion, the Planning Scheme provides for five LPG locations in the following functional units: FeP 6/4 south, FeP 8/11 north, FeP 13/14, FeP 14/10 and FeP 16/7.
As a rule, the natural gas supply pipeline will be routed across public property. Individual buildings will be connected to natural gas supply mains via branch lines fitted with end caps 1 metre inside the property. The actual locations of connections for buildings/structures will be known once final dimensions and designations of buildings/structures i.e. boiler room locations have been determined.
Buildings will be connected to LPG supply. For the purpose of gas supply, initially five gas storage facilities, steam stations and an internal gas supply network can be installed. The pressure in the gas pipeline will be 1 bar. Buildings/structures will be connected to the gas supply network via gas connections fitted with fire protection cabinets. In the internal gas installation phase, the fire protection cabinet will also feature a gas pressure regulator to set the required operating pressure in the building. The connection to the gas supply network shall be mandatory for all consumers.

Article 18

(Electricity supply)
The proposed development will necessitate the installation of new power distribution facilities (several transformer substations; a 20kV KB loop inside the proposed development; connection to the existing power gird; outfitting of proposed consumers with LV power supply connections from new transformer substations). The area under consideration does not feature existing public utility infrastructure or power supply infrastructure.
Two new, 20 kV underground cables will be installed for the purpose of power supply directly from the 110/20 kV transformer station Kamnik. Inside the Zone, fifteen new transformer substations will supply power to consumers. Business and manufacturing premises will be connected to one of the proposed distribution substations via LV lines. All new transformer substations shall be looped in.
In terms of size and output, individual transformer substations will be designed so as to meet the demand of the relevant functional sectors. They will be situated at load centres to enable the use of LV supply lines leading to individual consumers in order to maximise economy and technical feasibility. To ensure adequate power supply, provision has been made for the augmentation of transformer substations on designated lots. 20/0.4 kV transformers substations of adequate capacity shall feature prefabricated cable design (transition or node design). They shall be outfitted with MV and LV switchgear capable of meeting consumer demand. Appropriate tanks shall be installed for the purpose of trapping transformer oil. Transformer substation locations shall be selected so as to ensure that the substations do not interfere with the environment and are situated as close to the load centres as possible. Transformer substation types, sizes and all relevant details including grounding systems will be determined following a detailed calculation of power and current demand identified in the building permit documentation i.e. design documentation.
Public lighting shall be installed throughout Area 02/1. Lamp and pole types shall be uniform. The layout of public lighting shall comply with applicable norms and standards. Power supply cables for public lighting shall be installed in power supply cable ducts and conduits. Switches shall be located in individual freestanding boxes and shall be separate for each transformer substation area.

MV and LV cabling will be installed inside power supply cable ducts, conduits and shafts. When determining cable duct and conduit capacity, an adequate number of spare ducts shall be provided to allow for a future augmentation of the grid; further, additional ducts/conduits shall be installed for the proposed remote teleoperation of transformer substations. The entire LV power supply and public lighting power supply will be by way of underground cables. For the purpose of MV and LV cables, concrete cable conduits with standard concrete shafts covered by cast iron lids will be installed throughout the area. Cable duct/conduit trenches shall feature galvanised earthing strips (as required) and cable warning tape. The actual number of required cable ducts/conduits, and the number and type of shafts will be stipulated in the building permit documentation (i.e. design documentation). Should the proposed layout of power supply cable ducting interfere with other public utility infrastructure installations, DES instructions shall be followed and consent of the relevant operators obtained.

Article 19

(Telecommunications infrastructure)

The telecommunications infrastructure includes internal cable lines between buildings/structures and connections to external public telecommunications networks (Telekom, KKS). The required number of external telecommunications connections to the public telecommunications network has been determined by taking into account the designation of individual functional units inside the proposed development.

Individual unit connection capacity is 10-30 symmetrical pairs except for functional unit Fe P14/12 where, subject to user requirements and an optional CTX connection, the connection should be designed to accommodate a larger number of symmetrical pairs.

All cable lines inside the proposed development will be installed in power supply cable ducts/conduits. Consequently, any future requirements for additional services or connections (Fibre Optic, Ethernet, Intranet,…) will be met by subsequent additional connections in cable conduits. For the purposes of a second operator (KKS) or internal cable lines (CNS, video,…) separate shafts and cable ducts/conduits shall be provided.

Arrangements shall also be made for a telephone switchboard to be installed inside the proposed development.

Article 20

(Waste management and disposal)

Municipal waste shall be taken to the municipal dump. To ensure public hygiene, waste containers shall be installed inside individual building lots. On the scheduled refuse collection days such waste containers shall be made accessible to the refuse collection vehicle of the appointed waste management contractor. Additionally, several locations of ecological islands shall be proposed. Paths between the storage area and collecting vehicles shall be free from kerbs (dropped kerbs are acceptable).

Separate arrangements shall be made for the collection of special waste and hazardous waste generated by manufacturing processes, in line with the applicable regulations.

Article 21

(Infrastructure implementation schedule)

Inside the proposed development as well as in its adjacent impact area the investor shall, in collaboration with the authorised providers of individual public utilities and in line with the adopted development plan, erect, install, move, replace and protect individual infrastructure installations, devices and lines as required, preliminary to or concurrently with the development of the Commercial-Industrial Zone.


Article 22

(Protection of the environment – general requirements)
All buildings shall be designed in full compliance with building codes on mechanical resistance and stability, fire safety, thermal insulation and energy efficiency in buildings as well as all other applicable legislation. In particular, project documentation shall be designed so as to prevent the following:

  1. Toxic gas emissions,

  2. Emissions of dangerous particles or gases,

  3. Dangerous radiation,

  4. Pollution or contamination of water and soil,

  5. Inappropriate disposal/discharge of wastewater, fumes, solid or liquid waste,

  6. Damp in buildings/structures in the vicinity of the proposed construction or on their internal surfaces.

While this Planning Scheme stipulates regulation lines i.e. building lines, limitations have been imposed on vertical dimensions. Consequently, the provisions of Article 22 of the Rules on Design and Technical Documentation (OG RS Nos 66/04, 54/05) shall apply in relation to overshadowing of adjoining properties. Building design shall ensure that during use or operation the properties in the vicinity of the proposed construction are not subjected to unacceptable risk of accidents such as slips, falls, collision, burns, electrocution or injury due to explosion.

In accordance with the applicable municipal town planning acts and other regulations, the proposed development covered by the Planning Scheme is situated in a Stage IV Noise Regulation Area. Adjacent properties are mostly classified as Stage IV and Stage III Noise Regulation Areas. During construction inside the proposed development, all conceivable mitigation measures should be undertaken to minimise noise impact.

When drafting the design documentation, the impact areas of individual buildings/structures should be amended (as/if required) to reflect any unforeseen conditions and circumstances not taken into account in the drafting of the Planning Scheme.

The design documentation should also include amendments to impact areas of individual buildings/structures extending outside the proposed development covered by the Planning Scheme.
Light pollution may increase as a result of Zone operation; consequently, environmentally friendly (fully shaded) lights and lamps with zero UV emission shall be used. Lampshades shall be fully sealed (enclosed). Light emissions exceeding 50 nW/cm² above the horizontal line are not permitted. All lighting shall be dimmed or switched off at 10 pm. Use of illuminated advertising boards and signs shall be restricted, and use of lasers shall be prohibited.

Article 23

In light of the proposed development plans, development activities in the Commercial-Industrial Zone will require major earthmoving works, which in turn will have a major impact on the existing terrain configuration. Consequently, the preventive soil protection provisions and measures identified in this Ordinance shall be complied with in full.
(1) Earthmoving activities shall be confined to the absolute minimum area of interference possible. For the purpose of provisional transport routes and building sites, the land designated for infrastructure purposes and the land characterised by inferior soil quality shall be used. In the course of construction, only transport vehicles and plant and equipment in proper working order shall be used along with the materials which, when used appropriately, have no detrimental impact on the environment. To control dust emissions, transport routes, construction sites and storage depots of building materials shall be sprinkled in dry and windy weather. Further, emergency measures for the removal and disposal of hazardous materials in the event of technological accidents shall be identified.
(2) Particular attention shall be paid to the fertile topsoil layer, which shall be carefully removed and stored, and subsequently used for the rehabilitation of degraded surfaces. All earthmoving works, in particular the disposal of excavated material, shall comply with the relevant provisions of the regulations governing the permissible level of soil contamination, as well as with the relevant provisions of the regulations governing the disposal of waste generated in the course of building and construction. The completion of earthmoving works shall be immediately followed by the rehabilitation and landscaping of exposed areas.
(3) During construction, the building site shall be confined to the land over which the investor has power of disposal. Building activities shall be carried out in accordance with the provisions governing the obligations of investors and contractors.

Article 24

(Forest protection measures)
Commercial-Industrial Zone 02/1 is situated amidst inferior farmland and thick natural forest vegetation characterised by a major public health & hygiene, biotope and climatic function coupled with the protection of natural heritage. In line with the proposed development, existing vegetation shall be cut down and removed where that is essential to the implementation of the proposed development plans. Since vegetation removal can degrade the integrity of the biotope, the investor shall implement measures for the optimal replacement of ecological infrastructure and establish the required conditions for the performance of social functions by peripheral vegetation. Concrete solutions shall be identified in relation to vacant land inside the proposed development as well as its adjacent impact area (replanting and landscaping of degraded areas; roadside re-vegetation).
The following requirements and guidelines shall be complied with in relation to the planning, design and implementation of the proposed development:
(1.) Forest and woodland may be disturbed only inside the proposed development and in its adjacent impact area, and on the land, which is situated outside the proposed development and has been designated for the installation of infrastructure lines for the purpose of connecting the Zone to public utility infrastructure systems.
(2.) Permission shall be obtained to cut down the trees, which need to be cleared to accommodate the activities proposed inside Commercial-Industrial Zone 01/1; prior to being cut down, such trees shall be tagged by the competent department of the Slovenian Forest Service – Local Unit Kamnik. Since several bird species have been known to nest in the trees in the area under consideration, tree felling shall be carried out outside the bird nesting season. The bird nesting season runs from February to September.
(3.) When erecting buildings/structures along the edge of the wooded area inside the proposed development, the recommended safety distance between the building/structure and the existing edge of the wooded area shall equal the length of a mature tree representative of the wooded area; under certain conditions, construction in closer proximity to the tree line may be permitted with the proviso that the owner be fully liable for any damage to the building/structure resulting from falling trees; provisions of Article 11 of this Ordinance (Landscape design guidelines) shall be observed.
(4.) In order to preserve the existing spatial features and forest functions, woodland that has been compromised as a result of construction (e.g. untidy, jagged forest edge) shall be rehabilitated with the purpose of restoring its environmental and functional integrity: The rehabilitation of the degraded forest edge shall be achieved by the planting of appropriate indigenous tree and shrub species; such rehabilitation measures shall be outlined in the rehabilitation/re-vegetation plan. On the southern and western perimeters of the Zone, a wide belt of thick evergreen trees shall be planted along the remaining woodland, which will serve as an acoustic and visual barrier, and reduce a remote impact on the remaining birds in the forest.
(5.) The management of the forest on the adjacent properties outside the area covered by the Planning Scheme shall remain unhindered; free access shall be provided and designed so as to accommodate standard forestry plant and equipment; the investor shall provide access to the forest off all disrupted forest roads (by designing new forest roads or by changing the routes of the existing ones); and
(6.) Prior to the adoption of the implementing spatial act and prior to securing the relevant approvals, any interventions in the forest or in the woodland inside the proposed development – apart from standard forest management activities – shall be prohibited.

Article 25

(Water protection measures)
Since the proposed interventions will take place on a comparatively sensitive area in terms of water resources, it makes sense to follow the following design and implementation guidelines:

  1. All spatial interventions shall be designed so as to prevent excessive degradation of water resources; further, such interventions shall not interfere with the measures designed to protect the area from any detrimental effects caused by the waters.

  2. Proposed design solutions for the discharge and treatment of wastewater and stormwater drainage shall comply with the applicable legislation.

  3. All wastewater shall be discharged into the public sewerage system.

  4. It is essential to identify all essential preventive measures and to set up construction sites in a way to prevent contamination of water resources including groundwater which may occur as a result of transport, storage and use of liquid fuels and other hazardous materials during construction and, as a precaution in the event of accidents, identify and ensure immediate remedial action to be taken by suitably trained personnel. All temporary storage depots and facilities for the decanting of fuel, oils, lubricants and other hazardous materials shall feature adequate containment to prevent discharge into the environment.

  5. Once construction works have been completed, all provisional facilities and remnants of temporary storage depots shall be removed. Appropriate landscaping shall be carried out and anti-erosion measures shall be undertaken on all affected surfaces.

Article 26

(Nature preservation)
(1) The entire area covered by the Planning Scheme features natural forest i.e. woodland habitats. The habitat types, which shall be, as far as possible, preserved and maintained in a sound condition, are defined as follows: Habitat types on the territory of the Republic of Slovenia, which are rare, vulnerable and small in terms of their natural scope, or habitat types which are characteristic of a particular bio-geographical region; and habitat types, which are being preserved and maintained in a sound condition in line with ratified international treaties or in the interest of the European Union.

As provided by paragraph three of Article 4 of the Regulation on Habitat Types (OG RS No. 112/2003), prior to making a decision on land development and prior to adopting solutions in relation to land for which changes in the use and designation have been proposed, the presence of habitat types and their condition shall be established. In line with the provisions of the abovementioned Regulation, an environmental report has been provided, which includes an analysis of natural features and current conditions.

(2) The preservation of habitat types in a sound condition shall be ensured by making sure that interventions and activities in the area concerned, particularly where such habitat types have been preserved in a sound condition, are designed so as to minimise any adverse impacts, as follows:
(2.1) By preserving or managing (using appropriate balancing measures) the natural scope of such habitat types and areas featuring individual habitat types;
(2.2) By preserving specific habitat type structures and natural processes or appropriate use in line with the adopted preservation objectives; and
(2.3) By preserving the living conditions for the wildlife characteristically inhabiting these habitats, in line with the preservation objectives identified in the regulations on the protection of animal and plant species living in the wild.
(3) The immediate hinterland of Commercial-Industrial Zone 02/1 enables compliance with all of the abovementioned conditions; inside the Zone, however, the following nature preservation guidelines shall apply:
(3.1) Inside the proposed development groups of trees, shrubbery and individual trees shall be preserved, in particular in sectors FZ1 and FZ3 and on the outskirts of sectors FZ2, FZ4 and FZ5; vegetation shall be used to bridge the space between trees, groups of trees and the nearby forest;
(3.2) In particular, trees on wetland areas shall be preserved in order to ensure the preservation of amphibian habitats, which shall particularly apply to the southern and central part of Commercial-Industrial Zone 02/1 (FZ1);
(3.3) The green barrier zone with existing vegetation (minimum ten metres) shall be preserved along with the catchment of the creek in the southern part of the proposed development, where co-natural multi-purpose stormwater retarding basins shall be set up; this will also ensure the preservation of amphibian habitats (FZ1 and FZ3).
(3.4.) The construction of the retarding basin in functional sector FZ1 is additionally required for the purpose of establishing the water regime that will enable the preservation of the integrity of the alder copse. According to the hydrological study (Fazarinc, 2006), the minimum required capacity of the retarding basin is 2,700 m3. The retarding basin should be set up in the initial phase of Zone construction. It should be designed so as to collect the majority of (treated) runoff water from the entire Commercial-Industrial Zone. In order to prevent sedimentation of organic matter which could lead to eutrophication, permanent water level in the retarding basin may not exceed one metre. The purpose of the retarding basin is neither decorative nor recreational, but to maintain the water regime in the Natura 2000 reserve. Consequently, as the only way to ensure appropriate water quality (present condition), a belt of natural vegetation to a minimum depth of 10 metres shall surround the retarding basin; additionally, there shall be no parking in the area.
(3.5.) Water from the retarding basin of the existing Commercial-Industrial Zone – Stage I shall be pumped out in a way that will prevent the organic matter accumulating at the bottom of the retarding basin from being flushed into the alder copse. Water quality shall be monitored even at this stage, in order to determine the nutrient levels that will be washed out into the designated natural reserve. Organic matter shall be removed from the retarding basin on a regular basis.
(3.6.) Retarding basin discharge areas shall be designed so as to cause (in the event of high water levels) water to disperse over a wide expanse into the so-called dispersion area. This shall also apply to the retarding basins (pumping stations) located outside green zones in the area covered by the Planning Scheme. The objective is to create conditions similar to those present before the intervention. The dispersion area shall be instituted before discharge takes place. The purpose of the dispersion area is to disperse and thereby calm down the flow and ensure a diffused inflow into the Natura 2000 reserve, as is the case at present. The idea is to prevent the formation of a channel, which would progressively deepen at high water levels. The alder copse has adapted to the inflow of water described above, which is why it should be maintained. During construction of the retarding basin, interventions in this area shall be limited to a minimum. On completion of construction works, the area shall be (re)planted with appropriate vegetation forthwith (wooded varieties shall be restricted to indigenous species present before the intervention). At a minimum, the area should be at least 10 metres wide and at least 50 meters long. In light of the fact that in charting habitat types in the proposed Commercial-Industrial Zone – Stage II, a transition mire and quaking bog has been identified in the lower stream of the left tributary of the Zadnja struga creek (inside the dispersion area), the proposed solution outlined in the applicable feasibility assessment provides for the retarding basin to be designed so that the mire and the alder copse situated outside the Natura 2000 reserve are preserved and incorporated into the dispersion area.
(3.7.) To avoid other adverse impacts of the intervention (in addition to the changes of water regime, which can be classified as remote impacts) on the Natura 2000 reserve, a protective (mitigation) and sufficiently wide buffer strip of vegetation shall be provided between the proposed intervention and the designated natural reserve. The only way to ensure this is through appropriate design and construction of the retarding basin area. Consequently, interventions in sectors FeZ 1/1 through FeZ 1/6 shall be limited to the interventions required for the purpose of constructing the retarding basin and discharge area, in line with the provisions of paragraphs (3.4) and (3.6) of this Article, while the vegetation and creek channel in sectors FeZ 1/7 through FeZ 1/33 shall be preserved in the present condition. This will result in a 100 metre wide buffer zone, which in fact constitutes the direct impact distance identified in the impact assessment rules applicable to this type of interventions and habitat type. It follows that the entire retarding basin area should be enclosed by protective fencing. Other adverse impacts to be addressed include mainly those, which may occur as a result of various businesses (other than manufacturing) operating in the proposed Zone. This includes various catering-, service-, and recreational activities. Primarily due to the possibility that large numbers of people might venture into the protective buffer zone, which shall under no circumstances be treated as freely accessible parkland, the area shall be fenced off.
(3.8.) Before the start of construction works the conservation area of the left tributary of the Zadnja struga creek and its adjoining impact area must be fenced off so as to prevent access to the habitat type protection area; once construction works in the Zone have been completed, amphibian migration to other parts of the Zone is a distinct possibility, hence 1/1 cm fence mesh size shall be stipulated. This will prevent or make it harder for amphibians to migrate to other parts of the Zone.
(3.9.) During the entire Zone construction period the area which should be preserved in its present condition shall be subjected to ongoing nature protection monitoring.
(3.10.) Access for the purpose of transporting materials, plant and equipment for the construction and maintenance of the retarding basin shall be provided from and restricted to the north side of the proposed basin, the objective being to preserve the vegetation south of the retarding basin to the greatest extent possible. Transport of harvested timber from the area shall be restricted to the northern side of the retarding basin.
(3.11.) No soil material or building waste shall be deposited in the conservation area of the existing left tributary of the Zadnja struga creek and its adjoining impact area at any time. In the course of construction of the Commercial-Industrial Zone and in particular during the construction of the retarding basin on the left tributary of the Zadnja struga creek, arrangements must made to prevent fine-grained material from being flushed into the Natura 2000 reserve.
(3.12.) Interventions in and access to the retarding basin dispersion area shall be restricted to the interventions and access required for the purpose of construction and maintenance of the retarding basin. Transport of materials, plant and equipment for the construction and maintenance of the retarding basin shall not interfere with the dispersion area. The only interventions permitted in the dispersion area shall be the planting of appropriate indigenous plant species and the maintenance of the discharge area and appropriate indigenous vegetation.
(3.13.) To ensure the preservation of the transition mire and quaking bog amidst pine trees, the present water level and quality should be maintained at the current levels (physical-chemical properties including nutrient levels, pH, specific conductivity etc.). Water control measures and facilities shall be designed and implemented in a way to prevent them from causing the structure of the watercourse bed or banks to change in any way.
(3.14.) The retarding basin (which shall maintain the quality and inflow of water into the alder copse – Natura 2000) shall be dredged on a regular basis to remove the organic matter settled at the bottom of the retarding basin. Dredging can only be performed in September. The retarding basin must be kept in sound working order by way of regular maintenance.
(3.15.) The construction of the Zone will interfere with the present habitats of certain amphibian species. Consequently, the design and construction of retarding basins shall ensure the following:

  • Appropriate water quality;

  • Banks shall feature appropriate gradient and thick vegetation;

  • In the period between one dredging and another, as provided in the preceding item, water vegetation may appear.

(3.16.) Since several amphibian species have been known to spawn in the area under consideration, construction works shall be carried out outside the spawning season. Formation of larger puddles or ponds on building sites must be avoided during protracted construction works.

(3.17.) In order to minimise the impact of construction on certain reptile species, construction works shall be carried out from May to September.
(3.18.) During construction, migration of non-indigenous species into the area shall be carefully monitored and discouraged. On completion of construction works all bare surfaces shall be landscaped i.e. lawned and planted with indigenous shrubs and trees (oak, white beech, beech, mountain ash, linden tree…). Any non-indigenous species appearing on the construction site shall be removed before they could have a chance to propagate.
(3.19.) Roads, sidewalks, parking areas, manipulation- and other transport surfaces shall be plowed and sanded, while road salt shall be applied in exceptional circumstances only with less environmentally harmful blends only being used.

Article 27

(Protection of cultural heritage)
Since no cultural heritage features have been identified in the area covered by the Planning Scheme, no measures for the protection of cultural heritage shall be deemed necessary.
Article 28

(Noise protection)

Once completed, the proposed development will be a Stage IV Noise Regulation Area.
The proposed development has been designed so that the working environment is not subjected to excessive stress levels. Along the entire perimeter of the Zone a thick belt of tall tree vegetation has been proposed, which will serve as a visual and anti-noise barrier.

Article 29

(Air protection)
Green barriers and other vegetation inside the Zone also provide a certain protection from dust deposits and, in part, gas emissions. No additional protective measures shall be deemed necessary during the operation of the Commercial-Industrial Zone.
In the course of construction works, the contractor shall institute the following air protection measures:

(1.) Compliance with legislative requirements in relation to emission standards applicable to building and construction plant and equipment and transport vehicles;

(2.) Prevention of dust emissions from the exposed soil and construction site by sprinkling fine-grain (powder) materials and exposed surfaces with water, and by preventing materials from spreading beyond the confines of the construction site; and

(3.) Immediate landscaping of areas subjected to major works.

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