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63-1 Statutes on cost reimbursement contributions §§ 135 a to c BauGB
Statutes for the collection of cost reimbursement amounts in accordance with Sections 135 a to c BauGB in the City of Bonn
From November 19, 2013
At its meeting on November 14, 2013, the Council of the City of Bonn adopted the following by virtue of Sections 7 and 41 of the Municipal Code for the State of North Rhine-Westphalia in the version published on July 14, 1994 (SGV. NRW), last amended by Article 1 of the Act of April 9, 2013 (GV. NRW p. 194) and Sections 135 a to c of the Building Code - BauGB - of September 23, 2004 (BGB. I p. 2414). April 2013 (GV. NRW. p. 194) and Sections 135 a to c of the Building Code - BauGB - of September 23, 2004 (BGBl. I p. 2414), last amended by Article 1 of the Act of June 11, 2013 (BGBl. I p. 1548), the following bylaws were adopted:
§ 1: Collection of cost reimbursement amounts
The City of Bonn levies cost reimbursement amounts for the implementation of compensatory measures in accordance with the provisions of the Building Code and these statutes.
§ 2: Scope of reimbursable costs
(1) Reimbursable are the costs for the implementation of all compensatory measures allocated in accordance with Section 9 ( 1a) BauGB.
(2) The implementation costs include the costs for
the acquisition and clearing of the land for compensatory measures; this also includes the value of the land provided by the City of Bonn from its assets at the time of provision
the compensatory measures including their planning, completion and functional development maintenance in accordance with the principles set out in the annex to these statutes.
§ 3: Origin of the claim for reimbursement of costs
The city's claim to reimbursement of costs arises upon completion of the finishing maintenance in accordance with DIN or comparable standards.
§ 4: Determination of eligible costs
(1) The reimbursable costs are determined according to
the actual costs incurred for the acquisition of the land and for the creation of the compensatory measure, including the planning and construction management costs and the costs of completion and development maintenance.
the calculated costs for the functional development maintenance until the nature development objective has been achieved in accordance with the provisions of the Federal Nature Conservation Act.
(2) For the provision of compensation areas from the city's land assets, the reimbursable costs shall be determined according to the value at the time of provision as a compensation area.
§ 5: Allocation of eligible costs
The costs eligible for reimbursement in accordance with §§ 2 and 4 are allocated to the properties assigned in accordance with § 9 Para. 1 a BauGB in accordance with the permitted floor area (§ 19 Para. 2 of the German Land Use Ordinance - BauNVO). If no permitted base area is specified, the buildable property area (Section 23 BauNVO) is used as the basis. For other independent sealable areas, the sealable area permitted under building law is deemed to be the buildable plot area.
§ 6: Party liable to reimburse costs
The person liable for reimbursement of costs is the owner of the property or the project sponsor at the time of notification of the decision on the reimbursement amount. In the case of a heritable building right, the heritable building right holder takes the place of the land owner. Several owners are jointly and severally liable.
§ 7: Request for advance payments
For properties for which a cost reimbursement obligation has not yet arisen or has not arisen in full, the city may request advance payments up to the amount of the expected cost reimbursement amount as soon as the properties on which interventions are to be expected may be used for construction or commercial purposes.
§ 8: Due date of the cost reimbursement amount
The cost reimbursement amount is due one month after notification of the decision on the cost reimbursement amount.
§ 9: Replacement
The cost reimbursement amount can be redeemed. The redemption amount is calculated on the basis of the expected final reimbursement amount. There is no legal entitlement to redemption.
§ 10: Entry into force
The Articles of Association 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 NRW) in the creation of these bylaws can no longer be asserted after the expiry of one year from the date of this announcement, unless
a prescribed approval is missing or a prescribed notification procedure has not been carried out,
these Articles of Association have not been duly published,
the Mayor of Bonn has previously objected to the resolution on the statutes or
the formal or procedural defect has been notified to the city in advance and the violated legal provision and the fact that reveals the defect have been specified.
Bonn, November 19, 2013
Nimptsch Mayor of Bonn - - -
Annex to § 2
of the statutes for the collection of cost reimbursement amounts pursuant to Sections 135 a to 135 c BauGB in the City of Bonn
1. principles for the design of compensation measures:
The compensatory measures should serve to create or ecologically enhance areas to improve the efficiency of the ecosystem and the landscape in accordance with the provisions of Section 15 et seq. of the Federal Nature Conservation Act, in particular
as habitats (biotopes) for wild animals and plants,
for the networking of biotopes,
to improve air quality, air exchange and the local climate,
to improve the natural soil functions,
to improve the functionality of the water balance,
to secure areas for the development of soil, nature and landscape and
to restore and redesign the townscape and landscape in accordance with the landscape.
2. possible compensatory measures
2.1 Planting/seeding of native shrubs, herbs and grasses 2.1.1 Planting of individual trees 2.1.2 Planting of free-growing hedges, woodland edges, riparian and field copses and shrubs 2.1.3 Establishment of native forests 2.1.4 Creation of meadow orchards 2.1.5 Creation of near-natural meadows and herbaceous fringes
2.2 Creation and renaturation of water bodies 2.2.1 Creation of standing waters, renaturation of standing and flowing waters
2.3 Greening of buildings 2.3.1 Facade greening 2.3.2 Roof greening
2.4 Unsealing and groundwater recharge measures 2.4.1 Unsealing of paved areas 2.4.2 Measures for groundwater recharge
2.5 Measures for extensification 2.5.1 Conversion of arable land and intensive grassland to arable land or fallow grassland 2.5.2 Conversion of arable land into extensively used grassland 2.5.3 Conversion of intensive grassland into extensive grassland
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