P.R. Laws tit. 21, § 4619

2019-02-20 00:00:00+00
§ 4619. New jurisdictions to make territorial ordinance viable; judicial revison of the new jurisdictions

Once a territorial plan is in effect, the municipalities and the public agencies indicated in this chapter are empowered to use six (6) jurisdictions to make the territorial ordinance viable. These jurisdictions may be used according to the provisions of this chapter and within the regulations adopted by the Planning Board to that effect as provided by § 4626 of this title. The use of the jurisdictions shall not be linked to the transfer of powers regarding authorizations or permits as provided by § 4610 of this title. The new jurisdictions may be exercised individually or all at once, as needed. The new jurisdictions are the following:

(a) Designation of land for communal use.

(b) Exaction by impact.

(c) Transfer of development rights.

(d) Linkages.

(e) Requirement of communal facilities.

(f) Reparceling.

These new jurisdictions are granted to propitiate the effective implementation of the ordinance plans or the land use plans and guarantee that the public benefits that are derived from them for the health, safety and general welfare of the citizens are distributed among the citizens of the municipalities efficiently, fairly and equitably, while at the same time insuring the best use of the vital although limited land resources and optimizing municipal investments through planning that will allow the limited resources of the municipality or of the state available to attend to the needs of its inhabitants to be used in the most advantageous way for the public good. The purpose of these jurisdictions is furthermore, to provide various mechanisms that can handle particular or sectorial situations and offer reasonable remedies and options to the citizens to distribute the costs and encumbrances of the works required for the benefit of the entire population.

In case there is an ordinance plan or a land use plan that applies to more than one municipality, the jurisdictions may be exercised throughout the various municipal boundaries included in such a plan.

Appeals or petitions for judicial review concerning the requirements or the administration of the various jurisdictions shall be made directly to the Court of First Instance once the process for the petition of the review has been finalized at the public agency or instrumentality concerned.

History —Aug. 30, 1991, No. 81, § 13.021; Oct. 29, 1992, No. 84, § 79.