From December 21, 1988
List of changes
Statutes of | entered into force on | Amended regulations |
---|---|---|
08.02.1999(OJ p. 34) | 18.02.1999 | §§ 1, 2, 5, 6, 9, 11 |
31.03.2014 (OJ p. 296 f.) | 10.04.2014 | §§ 2, 5, 6, 11 |
15.12.2015 (OJ p. 1640) | 24.12.2015 | § 5 para. 7 |
13.05.2022 (OJ p. 224 | 26.05.2022 | § Section 8 para. 1 a) |
At its meeting on December 15, 1988, the Bonn City Council adopted the following bylaws on the basis of Section 4 of the Municipal Code for the State of North Rhine-Westphalia in the version published on August 13, 1984 (GV. NW. p. 475/SGV. NW. 2023), last amended by the Act of October 6, 1987 (GV. NW. p. 342) and Sections 132 and 133 (3) of the Building Code - BauGB - of December 8, 1986 (BGBl. I p. 2253):
§ 1: Collection of development charges
(1) The development charge shall be levied in accordance with the provisions of the BauGB and these statutes.
(2) In accordance with the public-law agreement of July 5/16, 1984 concluded between the City of Bonn and the Municipality of Alfter and approved by the District President of Cologne by order of November 2, 1984, these bylaws shall also apply to the sub-area of the Municipality of Alfter which is developed by the streets "Eichhörnchenweg" and "Witterschlicker Allee". The exact delimitation of the sub-area is shown in Annex 1 to § 1 Para. 1 of the public-law agreement.
(3) In accordance with the public-law agreement of September 27/October 16, 1989 concluded between the City of Bonn and the Municipality of Alfter and approved by the District President by order of November 9, 1989 in conjunction with the public-law agreement approved by the District President by order of April 1, 1992 to amend and supplement the aforementioned public-law agreement of January 7/28, 1992, these bylaws also apply to the sub-area of the Municipality of Alfter that is accessed from the street "Alter Heerweg" north of the junction with Hermann-Löns-Straße. The exact demarcation of the sub-area is shown in Annex 1 to § 3 of the public-law agreement.
These statutes do not apply to the sub-area of the city of Bonn that is accessed from the street "Alter Heerweg" south of the junction with Hermann-Löns-Straße. The exact demarcation of the sub-area can be found in Annex 2 to § 5 of the public-law agreement.
(4) In accordance with the public-law agreement of October 20/November 12, 1993 concluded between the City of Bonn and the municipality of Alfter and approved by the Cologne District President by order of January 10, 1994, the statutes do not apply to the property "Henri-Spaak-Straße No. 165" (district Duisdorf, corridor 13, No. 640) in the City of Bonn.
§ 2: Type and scope of the development facilities
(1) The development costs are eligible for contributions:
- For roads, paths and squares that serve to develop properties in core, commercial and industrial areas as well as in special areas with the following types of use: shopping centers, large-scale commercial enterprises, trade fair, exhibition, congress and port areas, up to a width of 18 m on both sides and up to a width of 13 m on one side for structural or commercial use.
- In other construction areas for public roads and paths intended for construction.
a) up to 12 m wide for buildings on both sides, b) up to 10 m wide for buildings on one side - up to 4 m wide for public traffic facilities within the building areas (e.g. footpaths, residential paths) that cannot be used by motor vehicles for legal or factual reasons;
- for collector roads not intended for construction (within the meaning of § 127 Para. 2 No. 3 BauGB) up to 22 m wide;
- for parking areas
a) which are part of the development facilities within the meaning of numbers 1, 2 and 4, up to a further width of 6 m, b) insofar as they are not part of the development facilities referred to in numbers 1, 2 and 4, but are necessary for their development in accordance with urban planning principles within the building areas, to the extent of 15 percent of all property areas located in the settlement area; - for green spaces with the exception of children's playgrounds,
a) which are part of the development facilities within the meaning of numbers 1 to 4 (roadside greenery), up to a further width of 4 m; however, if number 5 a is applied at the same time, up to a maximum total additional width of 7 m. b) insofar as they are not part of the development facilities mentioned in numbers 1 to 4, but are necessary for their development in accordance with urban planning principles within the building areas, to the extent of 15 percent of all property areas located in the settlement area. - If a development facility ends with a turning facility, the dimensions specified in Para. 1 Nos. 1, 2 and 4 shall be increased in the area of the turning facility up to a further width of 12 m.
(2) If different maximum widths result according to para. 1 nos. 1 and 2, the regulation with the greatest width shall apply to the entire development facility.
(3) The widths specified in Para. 1 Nos. 1 to 4 are average widths.
§ 3: Method of determining the contributory development costs
The development costs eligible for contribution are determined according to the actual costs incurred.
§ 4: City's share of the development costs eligible for contribution
The city bears ten percent of the eligible development costs.
§ 5: Distribution of the contributory development costs
(1) The development costs determined in accordance with §§ 1 to 4 shall be distributed to the developed properties according to their area. The different uses of the developed properties shall be taken into account according to type and size.
(2) The land area of the developed properties within the meaning of para. 1 is deemed to be the following for properties
- within the scope of a development plan,
- in the unplanned inner area, the entire area of the property that can be used for building, commercial or comparable purposes.
(3) In the case of properties outside the area of application of a development plan which are not allocated to the inner area as a whole, the area of the developed property within the meaning of para. 1 is deemed to be
- the area between the common boundary of the property and the development facility and a line running at a distance of 35 m from it. Parts of the property that merely establish the road connection to the development facility are not taken into account when determining the depth of the property;
- if the properties are not adjacent to the development facility, the area between the property boundary facing the development facility and a line running at a distance of 35 m from it.
If the actual use exceeds the distance according to sentence 1 or if a use beyond this distance is permitted, the line shall coincide with the rear boundary of the actual or permitted use.
(4) To take account of the different extent of use, the area (paras. 2 and 3) is multiplied by:
- 1.0 for a building with one full storey,
- 1.3 for a building with two full storeys,
- 1.5 for a building with three full storeys,
- 1.6 for buildings with four and five full storeys,
- 1.7 for buildings with six or more full storeys,
- 0.5 for cemeteries, sports facilities, outdoor swimming pools and permanent allotment gardens.
(5) For properties within the scope of a development plan, the number of full storeys is calculated as follows:
- if the number of full storeys is specified, from the maximum permissible number of full storeys. If a higher number of full storeys exists or is permitted, this number shall be used as the basis.
- If only building mass figures have been determined, the number of full storeys shall be the building mass figure divided by 3.5. If a larger building mass is available or permitted, the number of full storeys shall be the building mass divided by the plot area divided by 3.5. Fractions shall be rounded up or down to whole numbers.
- If only the maximum permitted building height has been specified, the number of full storeys is deemed to be
- in commercial and industrial areas, the specified height divided by 3.5,
- in other areas, the specified height divided by 3.0.
If the maximum permitted building height is exceeded or an excess is permitted, the number of full storeys is determined from the building height. Fractions are rounded up or down to whole numbers.
(6) For properties outside the scope of a development plan or for properties for which a development plan does not specify the number of full storeys, the number of building masses or the building height, the number of full storeys is calculated as follows:
- For developed properties, from the maximum number of existing full storeys. If the number of full storeys cannot be determined due to the special nature of the building, one full storey is assumed for every 3.50 m or part thereof of the height of the building; in the case of religious buildings (e.g. churches), a maximum of two full storeys is assumed.
- In the case of undeveloped but buildable plots, the number of full storeys predominantly existing on the plots in the immediate vicinity.
- In the case of properties on which no development is permitted but which can be used for commercial purposes, one full storey is assumed.
- In the case of properties that can only be developed with electricity, gas and water supply facilities, such as transformers, gas regulators, pumping stations and pressure boosting systems, one full storey is assumed.
- In the case of properties on which only garages or parking spaces are permitted or present, one full storey is assumed.
(7) In order to take into account the different types of use, the factors set out in para. 4 shall be applied
- for properties in core, commercial and industrial areas as well as special areas with the following types of use: shopping centers and large-scale commercial enterprises, trade fairs, exhibitions and congresses, port areas, offices and administration,
- for properties in planned areas in which a use such as in the areas mentioned under a) or similar uses (e.g. hospital or school buildings) exists or is permitted without being specified in a development plan,
increased by 0.5.
In the case of properties outside the areas specified under letters a) and b) that are used commercially, industrially or in a similar manner (e.g. properties with office, administrative, hospital or school buildings), the factors specified in para. 4 shall be increased by 0.5 if this use predominates in accordance with the permissible floor areas. If such use exists without development or in addition to development, the area actually used in this way shall be deemed to be the floor area.
(8) Paragraph 7 shall not apply when levying contributions for independent green spaces. For properties in commercial and industrial areas as well as for properties used predominantly for commercial or industrial purposes in planned and unplanned areas, only half of the property area within the meaning of paragraphs 2 and 3 shall be taken into account.
§ 6: Properties on several development sites
(1) For plots of land used primarily for residential purposes which will in future be developed by more than one development facility of the same type, the plot area within the meaning of Section 5 (2) and (3) shall be reduced by one third when the respective development facility is accounted for, but by no more than 200 m².
(2) A reduction pursuant to paragraph 1 shall not be granted if a development charge is paid or payable for only one development facility, unless at least one other development facility is a facility created on the basis of a contractual arrangement within the meaning of Section 124 BauGB or Section 11 (1) BauGB.
(3) Insofar as the reduction would result in the amount for other developed properties being increased by more than 50 percent, the additional charge in excess of 50 percent shall be allocated to the corner properties.
§ 7: Cost splitting
The development contribution can be used for
- the acquisition of land,
- the excavation,
- the roadway,
- the surfacing in traffic-calmed areas, pedestrian areas and traffic facilities pursuant to Section 2 (1) No. 3,
- the cycle path,
- the sidewalk,
- the parking area
- the drainage system,
- the lighting system,
- the green space,
independently and without being bound to the above order.
§ Section 8: Characteristics of the final construction of the development facilities
(1) Roads, paths and squares, traffic facilities not accessible by motor vehicles, collector roads and parking areas are finally completed when
- they are equipped with ready-to-use drainage and lighting systems and
- they are paved on a load-bearing substructure with a surface of asphalt, concrete, slabs, paving or a similar material of modern construction. Non-independent green spaces and roadside green areas are established if they are landscaped.
The area-related components result from the respective construction program.
(2) Green spaces are finally completed when
- the city is the owner of the areas for the development facilities,
- they are landscaped and appropriately equipped.
§ Section 9: Advance payment and redemption of the development charge
(1) For properties for which a contribution obligation has not yet arisen or has not yet arisen in full, advance payments may be levied up to the amount of the anticipated development contribution.
(2) The development contribution can be redeemed. The redemption amount is based on the anticipated amount of the development charge. The method of determining and distributing the development costs to be taken into account shall be in accordance with these bylaws. There is no legal entitlement to redemption.
§ Section 10: Installations for the protection of building areas against harmful environmental impacts
The type and scope, characteristics of the final construction and the distribution of the contributory development costs are regulated by statute in individual cases for facilities for the protection of construction areas against harmful environmental effects within the meaning of the Federal Immission Control Act.
§ 11: Decision by the Mayor of Bonn
The decision on the settlement of a specific section of a development facility, the uniform settlement of several facilities that form a unit for the development of the properties, the decision on the formation of a drainage system and on the implementation of cost splitting is assigned to the Mayor of Bonn.
§ 12: Entry into force
These Articles of Association shall enter into force on the day following their public announcement.
- - -
The above statutes are hereby made public.
It is pointed out that a violation of procedural and formal regulations of the municipal code for the state of North Rhine-Westphalia (GO NW) in the creation of these bylaws can no longer be asserted after the expiry of one year since this announcement, unless
- a prescribed approval is missing,
- these statutes have not been duly published,
- the Chief Town Clerk has previously objected to the resolution on the statutes or
- the formal or procedural defect has been notified to the city in advance, stating the violated legal provision and the fact that reveals the defect.
Bonn, December 21, 1988
Dr. Daniels
Mayor of Bonn