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COMMONWEALTH OF PUERTO RICO :OFFICE OF THE GOVERNOR RICO PLANNING BOARD SANTURCE,RR.- PLANNING REGULATION NO. 13 REGULATION FOR THE CONTROL OF GB 568.28 BUILDINGS AND LAND DEVELOPMENT P9 '1972 IN FLOODABLE ZONES. no. 13 1971 GB568.28 P9 1 1972 no.13 REGULATION FOR THE CONTROL OF BUILDING AND LAND DEVELOPMENT IN FLOODABLE ZONES PLANNING REGULATION NO. 13 EFFECTIVE DATE: JANUARY 30, 1972 (Translation from the Official Spanish Text) Commorn7ealth of Puerto Rico OFFICE OF THE GOVERNOR PUERTO RICO PLANNING BOARD Santurce., Puerto Rico Resolution RP13-0-71 ADOPTING PLA1,11TING REGULATION NO. 13 (Regulation for the Control of Buildings and Land Development in Floodable Zones) Pursuant to the authority granted by Acts No. 3 of September 27, 1961 and No. 213 of May 12; 1942., as both amended, this Planning Boaxd prepared a draft of a Regulation for the Control-of Buildings and Land Development in Floodable Zones. The Association of Engineers, Architects and Surveyors, the Home Builders Association, and engineers in the private practice participated in the preparation of the draft of the Regulation. The draft of the Regulation was discussed in public hearings held in San Juan, Ponce and Mayaguez on February 16., 1971. After due consideration was given to the opinions received in the public hearings as well as to the memoranda received,, this Planning Board ADOPTS Planning Regulation No. 13 (Regulation for the Control of Buildings and Land Development in Floodable Zones) which hereby becomes an integral part of this resolution. I CERTIFY: That the preceding is a faithful and exact copy of the Resolution adopted by the Puerto Rico Planning Board at the meeting held on December 15, 1971, and for its notification and general use, I issue the present under my signature and the seal of the Board in San Juan, Puerto Rico., this December 16, 1971. HARRY MALDONADO (Signed) Secretary (Translation from the Official Spanish Text) COYMOMMALTH OF PUERTO RICO LA FORTALEZA,, SAN JUAN OFFICE OF THE GOVERDTOR Admini@trative Bulletin No. 1722 PROCLAMTION OF THE GOVERNOR OF PUERTO RICO PLAIMING REGULATION NO. 13 (REGULATION FOR THE CONTROL OF BUILDINGS AND LAND DEVELMENT IN FLOODABLE WEBS) anning Board adopted Planning i,MREAS having the Puerto Rico P1 Regulation No. 13 (Regulation for the Control of Build- ings and Land Development in Floodable Zones) on December 15, 1971, by virtue of the provisions of Acts No. 3 of September 27, 1961 and No. 213 of May 12) 1942, as both amended. THEREFORE, I, LUIS A. FERRE, Governor of Puerto Rico, by virtue of the provisions of Acts No. 3 of September 27, 1961 and No. 213 of May 12, 1942, as both amended., do approve Planning Regulation No. 13 (Regulation for the Control of Buildings and Land Development in Floodable Zones) which shall become effective thirty (30) days after this approval. The Planning Board sha" comply with the provisions of Article 20 of Act No. 213 of May 12) 1942, amended, regarding the publication of a summary or general description of this Regulation in one or more newspapers of general publica:1.ion in the Island of Puerto Rico. IN WITNESS THEREOF; I sign this proclamation and affix thereto the Great Seal of the Commnwealth of Puerto Rico, in the City of San Juan,, today December 30, 1971. (Signed) LUIS A. FERRE Promulgated according to the Law., today January 3., 1972. (signed) Fernando Chard6n Secretary of State (Translation from the Official Spanish Text) PLANNING REGULATION MEBER 13 PREFACE Rain is one of the most common natural phenomena. It replenish the sources of fresh water needed by man and all living organisms. Human beings generally settle in areas where there is an abundance of water, shunning arid areas. Consequently, river banks, valleys and coastal plains have been preferred as sites for agriculture, for the foundation cities and the establishment of industries. Occasionally, rains fall in such great abundance exceeding the safe flow capacity of water courses and channels and they overflow, flooding valleys and coastal plains. In Puerto Rico, the threat of flooding in numerous urban and rural areas is exa-cerbated by the-fact that water course channels plunge down through steep slopes, emptying rainwater suddenly onto plains, and also by the fact that the Island's beaches are subject to coastal surges. Due to our high population density, flooding have become a se- rious menace to the lives and property and a considerable risk to the health, security, prosperity, economic stability and general welfare of the inhabitants of the affected communities. Despite the experiences of the Past, there is continued construc- tion in areas subject to flooding, thus exposing to potencial flood damage the occupants or users of the buildings thereon located. 11hen floods become a threat to the safety of the inhabitants of those zones and to the buildings and installations constructed by man in these areas, it becomes necessary to take protective measure. There are two basic ways to protect against floodings. The first consists in constructing engineering works, such as dams and channels, to control excess rainfall and runo--"')-". The second way consists in regulating the construction of buildings and the development of land in floodable zones until it is feasible to construct the projects of- fering maximum protection. The Commonwealth of Puerto Rico recognizes as a public purpose, the adoption of appropriate measures to reduce or eliminate losses and damages due to flooding, until flood control works can be pro- vided. Act Number 3, approved September 27, 1961, as amended, consti- tutes the expression of the Legislature to enforce measures to con- trol building and development of lands in floodable zones. Said Act empowers the Puerto Rico Planning Board to implement its provisions. This Regulation is intended to achieve the aforementioned pur- poses. The same has been divided into topics; which in turn are sub- divided into sections, that cover the following aspects; General Pro- visions, Definitions, Floodable Zone Maps, Declaration, Notification and Publication of Declarations Designating Floodable Zones, Classi- fication of Floodable Zones, Zone 1, Zone 2, Zone E, Declaration No- tification and Publication of Declaration Designating Provisional Floodable Zones, Permits, Direct Authorizations, Concessions, Sur- veillance and Inspection of Floodable Zones. The provisions of this Regulation will be supplemented by the provisions of any other Planning Regulation in force that applies to the specific zone where the property is located. TABLE OF CONTENTS TOPIC 1 ` GENERAL PROVISIONS AND DEFINITIONS Pages SECTION 1.00 - GENERAL PROVISIONS 1.01 - Title 1 1.02 - Authority 1 1.03 - Applicability 1 1.04 - Effective date 1 1.05 - Terms Used 2 1.06 - Meaning of Terms defined 2 1.07 - Provisions of Other Regulations 2 1.08 - Penalties 2 1.09 - Saving Clause 2 1.10 - Public Safety 3 SECTION 2.00 - DEFINITIONS 3 TOPIC 2 FLOODABLE ZONES SECTION 3.00 - FLOODABLE ZONE MAPS 3.01 - Preparation of Maps 8 3.02 - Amendments to Maps 8 SECTION 4.oo - DECLARATION, NOTIFICATION AND PUBLICATION OF THE DECLARATION OF FLOODABLE ZONES 4.01 - Declaration of Floodable Zones 9 4.02 - Notification and Publication of Floodab]-e Zones Declaration 9 4.03 - Procedures for the Revision of the Declaration of Floodable Zones 9 SECTION 5.00 - CLASSIFICATION OF FLOODABLE ZONES 5.01 - Classification by Floodable Zones 9 SECTION 6.oo - ZONE 1 6.01 - Buildings in Zone 1 11 6.02 - Uses in Zone 1 IP 6.03 - Signs or Advertising Signs in Zone 1 14 6.04 - Subdivisions in Zone 1 14 6.05 - Land Fill in Zone 1 15 IV Pages SECTION 7.00 - ZONE 2 7.01 - Buildings in Zone 2 15 7.02 - Uses in Zone 2 17 7.03 - Signs and Advertising Signs in Zone 2 19 7.04 - Subdivisions in Zone 2 19 7.05 - Land Fill in Zone 2 20 SECTION 8.00 - ZONE E 8.01 - Buildings in Zone E 20 8.02 - Uses in Zone E 22 8.03 - Signs or Advertising Signs in Zone E 24 8.04 - Subdivisions in Zone E 24 8.05 - Land Fill in Zone E 25 TOPIC 3 PROVISIONAL FLOODABLE ZONES SECTION 9.00 - DECLARATION., NOTIFICATION AND PUBLICATION OF THE PROVISIONAL FLOODABLE ZONES DECLARATION 9.01 - Declaration of Provisional Floodable Zones 26 9.02 - Notification and Publication of Provisional Floodable Zone Declaration 26 Topic 4 ADMINISTRATION OF THE REGULATION SECTION 10-00 - PE M TS 10.01 - General Provisions 27 10-02 - Permit Requirements 27 10-03 - Issuance of Permits 27 10.04 - Term of effectiveness of the Decision Regarding Permits 28 SECTION 11-00 - DIRECT AUTHORIZATIONS 11.01 - General Provisions Regarding Direct Authorizations 29 11.02 - Conditions Governing Direct Authorizations 30 11.03 - Term of effectiveness of Decisions Regarding Direct Authorizations 30 SECTION 22.00 - CONCESSIONS 1P.01 - Concessions in Zone 1 31 12-02 - Conditions Governing Concessions 32 12-03 - Term of effectiveness of Decisions Regarding Concessions 33 V Pages SECTION 13.00 - SURVEILLANCE AND INSPECTION OF FLOODABLE ZONES 13.01 - Urban Zones 33 13.02 - Rural Zones 33 TOPIC 1 GENERAL PROVISIONS AND DEFINITIONS SECTION 1.00 - GENERAL PROVISIONS 1.01 - Title: This Planning Regulation No. 13 will be named and referred to as "Regulation for the Control of tuilding and Land Development in Floodable Zones". 1.02 - Authority: This Regulation is adopted in conformity with the provisions of Act No. 3 of September 27., 1961 and Act No. 213 of May 12, 1942j, both as amended. 1.03 Applicability: Provisions contained in this Regulation will apply to and-.will cover the following: (1) Floodable Zones as Declared by the Board and the properties eontained therein. (2) All persons whether natural or legal., including associations, institutions, corporations, societies)organizations and entities., whether private, public, quasi-public, civic or of whatever kind or nature, and embracing Instru- mentalities and organisms of Puerto Rico, as defined in Act No. 213 of May 12, 1942, as amended. 1.04 Effective Date: This Regulation and amendments thereto shall become effective upon compliance with the pro- visions established by Law. 2 1.05 Terms Used: It is understood that all words used in the singular include the plural, and masculine cases include the feminine, and vice-versa, when so justified. 1.06 Meaning of Terms Defined: For the' purposes of this Regulations terms defined in Section 2.00 will have the meaning expressed after each term. Terms not defined will have the meaning contained in the Royal Academy Dictionary or the meaning in current local usage, pursuant to textual inference. 1.07 Provisions of other regulations: The provisions of this Regulation will be supplemented by the provisions of any other regulations approved by the Board which may apply to the specified zone in which the property is located. 1.08 Penalties: Any violation of the provisions of this Regulation will be penalized according to Act No. 3 of September 27, 1961, as amended. 1.09 Saving Clause: If any word, sentence, clause, sub- section2 section, topic,, or portion of this Regulation is impugned before a court for any reason and is declared unconstitutional, null or void, such judge- ment shall not affect., minimize,or invalidate the remaining provisions and portions of this Regulation but rather its effect shall be limited to the word, sentence, clause, subsection, section, topic or 3 portion thus declared -unconstitutional, null or void; and the nulity or invalidaty of any word, sentence, clause, subsection, section) topic or portion, in each specific case, will not affect or prejudice in any sense its applicability or validity in any other case. 1.10 Public safety: The provisions established in this Regulation constitute minimal norms. The Board can modify them in order to require and bring about compliance with more strict requirements in any case when there exists or is anticipated a condition,# not foreseen in this Regulation., which constitutes a threat to life and property of the citizenry or a grave danger to public health and safety. SECTION, 2.00 DEFINITIONS 2.01 Structural alterations: All changes in the structural elements of a building., such as load-bearing walls, columns, beams or roof slabs,. or any addition, extension, enlargement or variation in size of existing structural elements or the construction in a building of nev and additional structural elements such as roof slabs, beams, columns, or load-bearing walls. 2.02 - Enlargement: Construction which increase the size and adds gross floor area to the existing building. 4 2.03 Extraordinary flood: A flood that is in excess of the maximum historical flood, calculated by means of hydrological studies based on the intensity of probable rainfall and storm patterns recurring every hundred (100) years, according to estimates of the U. S. Weather Bureau., Technical Report No. 42. 2.04 - Maximum historical flood: The magnitude of a flood of a river., creek, or brook producing the highest known flooding level in the history of a region. 2.05 - Watercourse channel: The bed of a river, creek or brook along which water normally flows. 2.06 - Floodway: The water course channel of a river, creek or brook and those adjacent lands determined necessary by a hydrological study to carry the flow of water during an extraordinary flood of a river, creek or brook.. 2.07 - Provisional Floodway: Until hydrological studies are conducted to determine the floodway, the Board will designate as such those areas indicated as floodable in surveys and plans available at the time that this Regulation takes effect, taking into consideration such elements as depth and water velocity which may be a hazard to human life and property. 2.03 - Buildings: Construction of whatever kind to be utilized permanently or temporarily by persons. 5 The term building will be interpreted to include the phrase: "or part thereof". 2.09 - Structure: Anything erected, constructed, fixed or situated by the hand of man on, above or under the ground. 2.10 - Flooding: The action or effect wherein an area is inundated or covered by water as a result of rains, freshets, tides and overflowing of rivers, creeks, or brooks and.other natural causes. 2.11 Maximum historical flooding: Inundation involving the highest levels Isnown in the history of a region, adjusted to the prevailing conditions of the water- shed and the flood plain. 2.12 Regulatory flooding: The inundation that could be produced by an extraordinary flood of any river., creek or small stream, calculated by means of a hydrologic study taking into account the probable rainfall intensity for. storms recurring every hundred (100) years as estimated by the U. S. Weather Bureau,, Technical Report No. 42. Also, this includes flooding that could be caused by the coastal and lake surges produced by cyclones, hurricanes or storms. 2.13 Board: The Puerto Rico Planning Board created by Act No. 213 of May 12, 1942, as amended, and known as "Planning and Budget Act of Puerto Rico". 6 2.14 - Map: Graphic representation of floodable zones. 2.15 - Maximum historic flooding level: The level reached by waters during the greatest historic flooding on record. 2.16 - Regulatory flooding level: The high point that would be reached by water overflowing a river, a creek or brook during a regulatory flooding. In the case of flooding caused by coastal surges, this will be a point six feet (1.83 meters) above the mean sea level. 2.17 Settlement or town: Any urbanized or built-up area that includes twenty (20) or more buildings or housing units occupying not less than seventy per cent (70%o) of the lots within the area, and with the following densities: (a)- Settlement - A rural community.. hamlet or village with a developed gross density of three (3) or more families per "cuerda". (b)- Town - A city or town of any municipality, or sector thereof, with a developed gross density of six (6) or more families per "cuerda". 2.18 - Permit Official: The Permit Official, created by Act 429 of April 13, 1946, as amended. 2.19 - Property: Land, buildings or any combination of both. 2.20 - Creek: A water course forming a part of the tributary system of a river or discharging directly into a lake, lagoon., sea or ocean. 8 TOPIC 2 FLOODABLE ZO.NES SECTION 3.00 - FLOODABLE ZONE MAPS 3.01 - Preparation of Maps: The Board will prepare maps of floodable areas taking into consideration, among other things, available data concerning maximum levels reached by the different bodies of T.-Tater during flood- ings. These areas so traced be classified in zones as provided in Section 5.00 of this Regulation. From their respective effective dates all maps or amendments thereto will become part of this Regula- tion. 3.02 Amendments to Haps: The Board may consider amend- ments to floodable zone maps on its own initiative, upon request of a Mayor or resident of an 4ffected property, when there occurs a change in the size or other characteristics of a declared floodable zone caused by nature or by @.,7or.-'s realized by human- beings or because of others technical reasons. All map amendment petitions proposed by a Mayor or by interested persons must be submitted to the Board in writing, along with a plan and an explanatory note stating the merits and/or justifications for such request. The steps to be followed in the consideration 9 of all proposed map amendments Will be governed by procedures established in Section 4.00 of this Reg- ulation. SECTIO14 4.00 - DECLARATION, NOTIFICATION AND PUBLICATION OF THE DECLARATION OF FLOODABLE ZONES 4.01 - Declaration of Floodable Zones: The Board will de- clare floodable zones pursuant to the provisions of Act No. 3 of September 27, 1961, as amended. 4.02 - Notification and Publication of the Floodable Zones Declarations: The Board @--Yill notify and publish dec- larations of floodable zones pursuant to procedures established in Act No. 3 of September 27, 1961, as amended. 4.03 Proceduresfoi revision of the Declaration of Flood- able Zones: In conformity @,.?ith Act No. 3 of Sep- tember 27, 1961, as amended, the Mayor of a Ylunic- ipality, or any the owners of the lands or buildings located within a zone declared "Hoodable zone", or any other person with a right.and interest therein may contest the decision of the Board by filing a petition for review in any part of the Superior Court of Puerto Rico within fifteen (15) days from the publication of the "declaration of floodable zone SECTION 5.00 - CUSSIFICATION OF FLOODABLE ZONES 5.01 - Classification by Floodable Zones: Floodable zones 10 - will be classified by taking into consideration the limits reached by the maximum historical flooding or extraordinary flooding or the coastal surges, and the water levels reached or that can be reached as a re- sult of such 2loodings or coastal surges; the degree of hazard to i4hich are exposed life and property of the established or to be established persons in the zone; and such elements as water depth and velocity. The Board can use the provisional floo&,7ay as the base for the classif'ication of zones until the !,,ater level and limits of the extraordinary flood or floodway are determined. As to the effects of enforcing this Regulation, the following types of zones are established: ZOM, 1 - UNFIT FOR BUILDING: Includes lands located within the limits of the floodway or pro- visional floodway and lands subject to .action of coastal surges. The Board x-7ill notify residents in the zone, the Depart- ment of Public Works, the Urban Renewal and Housing Corporation, the Social Pro- grams Administration and Municipal au- thorities about the critical conditions of these 'Lands and the need for programming the elimination of buildings that cannot be protected. ZONE 2 - FIT FOR BUILDI'1\TG WDER CERTAIN CONDITTONS Includes those lands located between the limits of the floodway or the provisional floodway and the limits of the flood plain. ZOINM, E SPECIAL: Includes those portions of the lands located within the limits of the flood plain or subject to the action of coastal surges, that are occupied by a settlement or town. SECTION 6.00 - ZONE 1 6.01 - Buildings in Zone 1: (1) - Starting from the effective date of the cor- responding floodable zone map new build- ings shall not be permitted in Zone 1. Those buildings whose construction has been legally authorized and actually started prior to the effective date of this Regulation can be completed and,oc- cupied or used for the purpose specified in the granted authorization. (2) Existing buildings within this zone shall not be enlarged. It will be permitted the repair or reconstruction of them for their maintenance or structural altera- tions which are neccesary to protect the lives and safety of the users of the 12 - buildings or to improve the safety of such buildings to resist floodwater ef-: fects or the action of coastal surges. Such repairs or structural alteration shall not imply the creation of neu, liv- ing units, nor separate floor space for additional uses, and such repairs or structural alterations must comply with the requirements established under other Regulations of the Board. 6.02 Uses in Zone 1: (1) Starting from the-effective date of the cor- responding floodable-map, no changes @Iill be permitted in the use of buildings with- in Zone 1, except when it is demonstrated that the proposed new use will reduce the risk of loss of life and property and complies with any applicable provision of Law or Regulation; that the building will safety resist the effects of flooding or the action of coastal waves or that meas- ures necessary to these ends will be taken; provided that there will not be created new livino, units nor floor space for ad- ditional uses besides the proposed to sub- stitute the existing one. 3 (2) No use will be permitted within this zone if it by itself or in combination with other existing uses or that could be es- tablished, affect the efficiency or ca- pacity of the floodway or increases the flooding level or the water velocity. The effects to be considered for a pro- posed use should be based on the assump- tion that there will be an equal degree of encroachment along each side of the watercourse. (3)'--14hen there is not required the erection of buildings, land fill, or warehousing of materials or equipment the following uses may be permitted in this zone in open spaces i-,7hen they comply with any appli- cable provision of Law or Regulation and those steps are taken which avoid or re- duce to a minimum the creation of impedii- ments to the free flow of floodwaters or coastal surges: (a) - Agricu Itural uses such as: general farming, pasturage, plant nurseries, vegetables gardening, operation of farm equipment, forestry and culti- vation of wild plants. 14 (b) - Incidental uses to commercial or in- dustrial activities by authorization of the Board, such as loading and unloading areas and parking areas for vehicles. (c) -Rt*areational uses by authorization of the Board, such as golf courses, athletic courts, velodromes, picnic areas, archery fields, boat ramps, swimming areas, parks, wildlife preserve, fish hatcheries, firing ranges, hunting and fishing areas and horse back riding. (d) Incidental uses to residential ac- tivities such as laims, gardens, play areas and par1ring areas for vehicles. (e) Public utilities by authorization o.@ the Board such as installation of underground pipes and conduits and highway constructions. 6.03 Signs or Advertising Signs in Zone 1: Once the cor- responding floodable zone map is in force installa- tion of signs or advertising signs will not be per- mitted in Zone 1. 6.04 Subdivisions in Zone 1: Once the corresponding 15 - floodable zone map is in force, subdivision of lands will not be alloT,.,ed in this Zone. 6.05 Land fill in Zone 1: The Board may authorize land fill in this zone when a hydrological study veri- fies that the filling will have some beneficial pur- poses and that the amount thereof is not greater than is necessary to achieve such purpose, nor will result in an obstacle to the flooding or coastal surges waters, nor will it be harmful to other properties. Plans will be submitted to show; the use to be given to the land-filled terrains, magnitude and elevations of proposed land fill; bulk heading, ripraps or veg- etative covering to be provided to protect the fill against erosion, as a requisite to resist the ef- fects of floodwaters or of coastal surges. The ef- fects to be considered due to the proposed land fill shall be based onthe assumption that there will be an equal degree of encroachment on each side of the water course. SECTIM 7.00 - ZONE 2 7.01 - Buildings in Zone 2: (1) - Starting from the e-J':fective date of the cor- responding floodable zone map, new build- ings will be permitted to be located in Zone 2 when these are designed and con- structed in such a way that will cause the 16 - least possible obstruction to the flow of waters, will provide safety conditions, will resist the effects of floodwaters or coastal surges, the first floor ele- vation be higher than the level of the regulatory flooding, and T.All comply with any other applicable provision of Law or Regulation. Those buildings whose con- struction had been legally authorized and actually started at the effective date of this Regulation may be completed and oc- cupied or used for the purpose specified in the granted authorization. (2) It will be permitted in this zone repairs, enlargement, reconstruction or structural alterations of those existing buildings which provides safety conditions and re- sists the effects of flooding or the ac- tion of coastal surges provided that such repairs, enlargement, reconstruction or structural alterations complies with any other applicable provisions of Law or Reg- ulation. When the size of any proposed en- largement exceeds thirty per cent (30%) of the gross floor area of the existing building, the elevation of its first floor must be higher than the regulatory flood- ing level. 7.02 Uses in Zone 2: Starting from the effective date of the corresponding floodable zone map, occupancy or use of buildings or properties in Zone 2 will be per- mitted for the following purposes, provided they com- ply with any applicable provision of Law or Regula- tion and that measures are taken to avoid or to min- imize those encroachment which might be created to impede the free flow of floodwaters or coastal surges. (1) Agricultural uses, such as general farming grazing, plant nurseries, vegetable gardens, operation of farm, equipment, forestry, wild plant cultivation and stables or animals yards. (2) Incidental uses to residential activities such as lawns, gardens, play areas and parking areas for vehicles. (3) c"Ommercial uses by authorization of the Board such as sale of used cars and boat sales. (4) Industrial uses by authorization of the Board such as extraction of sand, gravel or other material, and warehousing of equip- ment, machinery or materials. 18 - (5) - Incidental uses to conmercial and industrial activities by authorization of the Board such as loading and unloading areas and parking for vehicles. (6) Recreational uses by authorization of the Board such as golf courses, athletic courts, velodromes, picnic areas, archery fields, boat ramps, swimming areas, parks, wildlife preserves, fish hatcheries, fir- ing ranges, hunting and fishing areas, horse back riding, circuse-5 carnivals, Saint's Day festivals and open-air theaters. (7) Public utilities by authoriz-ation of the Board such as installation of under- ground or surface pipes or conduits, in-. stallation of electric power or communi- cations posts or towers; construction of highways or bridges, marinas, piers, or boat landine-s. (8) Any use shown in a development plan approved by the Board for a REural'Community spon-- sored by the Social Programs Administra- tion of the Department of Agriculture of the Commonwealth of Puerto Rico. (9) In zoned areas, any use permitted by the Zon- ing Regulation in the district in which 19 the property is located. 7.03 Signs and advertisings in Zone 2: It will be permit- ted in this zone installation of signs and advertis- ing signs complying with any applicable provisions of Law or Regulation. When allowed, signs and advertis- ings signs on the ground they should be designed and installed in such a way as to resist the effects of flooding and allow the free flow of waters. 7.04 Subdivisions in Zone 2: Starting from the effective date of the corresponding floodable zone map, sub- divisions will be permitted in this Zone when they comply with any applicable provision of Law or Reg- ulation, and with the following: (1) The proponent must submit to the Board, along with his petition, studies and specific proposals to protect the con- cerned lands from the effects of flood- ing and coastal surges. If these pro- posals are accepted by the Board, the recommended measures or works should be made a part of the development plan for the subdivision and should be constructed and in use before the occupancy of builde- ings on these lands. In cases where land fill is proposed to be deposited on the property, compliance vv.,ith that established 20 in Subsection 7.05 of this topic is re- quired. (2) - In those cases covered by studies made for an integrated plan of flood control, the works will be made to conform to said flood control plan. 7.05 Land fill in Zone 2: The Board by authorize land fill in this zone when a hydrological study veti- fies that the filling will have some beneficial purposes and that the amount there of is not greater than is necessary to achieve such purpose, nor will result in an obstacle to the flooding,.,,or coastal surges @,,,aters.. nor will it be harmful to other prop- erties. Plans will be submitted to show; the use to be given to the land-filled terrains, magnitude and elevations of proposed land fill; sea walls, ripraps or vegetative cover to be provided to protect the fill against erosion, as a requisite to resist the effects of floodwaters or of coastal surges. The ef- fects to be considered due to the proposed land fill shall be based on the assumption that there will be an equal degree of encroachment on each side of the water course. SECTION 8. 00 - ZONE E 8.01 - Buildings in Zone E: (1) Starting from the effective date of the 21 corresponding floodable zone map, new buildings will be permitted in this Zone if these are designed and constructed in such a way that they create the least ob- struction to the flovy of waters,, will pro- vide safety conditions, will resist the effects of flooding and coastal surges, the elevation of the first floor be higher than the regulatory flooding level, and will comply with any other applicable provision of Law or Regulation. Those buildings whose construction has been le- gally authorized and actually started prior to the effective date of this Reg- ulation can be completed and occupied or used for the specified purpose granted by the authorization. (2) It will be permitted in this zone the repair, expansion, reconstruction or structural al- teration of those existing buildings which provide safety conditions and resists the effects of flooding or the action of coast- al surges, provided that such repairs, en- largements, reconstructions or structural alterations complies with any other appli- cable provision of Law or Regulation. 22 - When the size of any proposed expan- sion exceeds thirty per cent (30%) of the gross floor area of the existing building, the elevat-ion of the first floor should be higher than the regulatory flooding level. 8.02 Uses in Zone E: Starting from the effective date of the corresponding floodable zone map, occupation or use of buildings or properties within this Zone %dill be permitted for the following purposes, provided that they comply with any other applicable provision of Law or Regulation, and that those measures be taken that will avoid or minimize obstructions which may impede the free flo!i of flooding waters or coastal surges: (1) - Agri-cultural uses such as general farming, grazing, nurseries, vegetable gardens, operation of farm equipment, forestry, cultivation of wild plants and stables or animals yards. (2) - Incidentals uses to residential activities such as laxms, gardens, play areas and parking areas for vehicles. (3) - Commercial uses by authorization of the Board such as sale of used cars and boat sales. (4) - Industrial uses by authorization of the Board such as extraction of sand, gravel and 23 other materials; and warehousing or stor- age of equipment, machinery and materials. (5) - Incidental uses to commercial or industrial activities by authorization of the Board such as loading and unloading areas and parking areas for vehicles. (6) - Recreational uses by authorization of the Board such as golf courses, athletic eourts, velodromes, picnic areas, archery ranges, boat ramps, swinning areas, parks, wild- life preserves, fish hatcheries, firing ranges, hunting and fishing ares, horse back riding, circuses, carnivals, saint's day festivals and open-air theaters. (7) Public utilities by authorization of the Board such as installation of underground and surface pipesand conduits; installa- tion of electric power and communications posts or towers; construction of highways and bridges, marinas, piers, or boat land- ings. (8) - Any use indicated in a Board approved plan for the development of a Rural Community sponsored by the Social Programs Adminis- tration of the Department of Agriculture, Commonwealth of Puerto Rico. 24 - (9) In zoned areas, any-use permitted by the Zon- ing Regulation for the district in which the property is located. 8.03 Signs or advertising signs in Zone E: It will be permitted in this zone the installation of signs and advertising signs complying with any other applicable provision of Lar.-i or Regulation. When signs or adver- tising signs are permitted on the ground, they should be designed and installed in such a way as to resist the effects of flooding and allow the free flow of waters. 8.04 Subdivisions in Zone E: Starting from the effetive date of the corresponding floodable zone map subdi- vision of lands may be permitted in this zone when it is complied with any other applicable provision of Law or Regulation and with the following: (1) - The proponent must submit to the Board, along with his petition, studies and specific proposals to protect the con- cerned lands from the effects of flood- ing and coastal surges. If these pro- posals are accepted by the Board, the recommended measures or works should be made a part of the development plan for the subdivision and should be constructed and in use before the occupancy of buildings 25 - on these lands. In cases where land fill is proposed to be deposited on the prop- erty, compliance uith that established in Subsection 8.05 o! this topic is required. (2) - In tho se cases covered by studies made for an integrated plan of flood control, the works will be made to conform to said flood control plan. 8.05 Land fill in Zone E: The Board may authorize land fill in this zone when a hydrological study verifies that the filling,will have some beneficial purposes and that the amount thereof is not greater than is necessary to achieve such purpose, nor will result in an obstacle to the flooding or coastal surges waters, nor will it be harmful to other properties. Plan will be submitted to show; the use to be given to the land-filled terrains, magnitude and eleva- tions of proposed land fill; bull-, heading, ripraps or vegetative cover to be provided to protect the fill against erosion, as a requisite to resist the effects of floodwaters or of coastal surges, The effects to be considered due to the proposed land fill shall be based on the assumption that there will be an equal degree of encroachment on each 0 side of the water course. 26 TOPIC 3 PROVISIONAL FLOODABLE, ZONES SECTION 9.00 - DECLARATION, NOTIFICATION AND PUBLICATION OF PROVISIONAL FLOOMBLE ZONES DECLqRATION 9.01 - Declaration of provisional floodable zones: The Board may declare provisional floodable zones as provided by Act No. 3 of September 27., 1961,, as amended. 9.02 Notification and publication of the provisional floodable zone declaration: The Board will notify and publish all provisional floodable zone declara- tions in accordance with provisions of Act No. 3 of September 27, 1961, as amended. 27 TOPIC 4 ADN M STRATION OF THE REGUIATION SECTION 10.00 - PERNITS SECTION 10.01 - General Provisions: The Permit Official will require and issue permits in accordance with the provisions of Act No. 3 of September 27, 1961, as amended., and of this Regulation. 10.02 - Permit requirements: Starting from the effective date of this Regulation in the areas declared floodable zones there will be required a use permit to occupy or use any property, structure or building; or a construction permit to erect,, construct,, recon- struct, alter, expand or to move any structure or building; or a sign or advertising sign permit for the installation,, construction, reconstruction., location, erecting, relocation., alteration., modifi- cation, expansion or moving of any sign or advertising sign. 10-03 Issuance of permits; Starting from the effective date of this Regulation., construction permits., use permits and installation permits for signs and advertising signs., will only be issued if the structures or buildings or property uses and/or the signs and advertising signs themselves are in total accord with and conform to the provisions of this Regulation. 28 - 10.04 Term of effectiveness of the...'Decislon Regardlh@g-.,Permits: (1)- Every favorable decision or authorization regarding any consultation about the conformity of a project, preliminary or final project relating to a construction project shall remain without effect: if within one (1) year of having rendered same the corresponding construction permit has not been obtained, or if after having obtained the corresponding construction permit, the authorized works were not commenced within one (1) year from the permit's date of issuance; or if such works once begun according to the aforesaid, were not finished within the term prescribed in the permit issued. (2)- Every decision authorizing any use permit shall remain without effect; if within one (l)-year of having rendered same the corresponding use permit were not obtained; or if after having obtained the corresponding use permit, the authorized use is not established within one (1) year from the permit's date of issuance. W- Every decision authorizing any permit for the installation of signs or advertising signs shall remain without effect: if within one (1) year of having rendered same the corresponding sign or advertising sign permit were not obtained; o:@ if after having obtained the corresponding sign or advertising sign permit, the sign or advert-is- ing sign permit, the sign or advertising sign authorized has not been installed within one (1) year from the date of issuance of the permit. The aforementioned effective dates shall be considered definitive for all legal purposes, except that same may be prorrogated by petition of an interested party,, when such extension is not considered contrary to the public interest, and provided that the prorrogation petition is submitted thirty (30) days before the expiration date of the decisionP indicating the motives in which the petition is based, and furthermore, including evidence of the progress attained in the preparation of the preliminary or construction plans, studies and documents that the case may require. SECTION 11-00 - DIRECT AUTHORIZATIONS 11.01 - General provisions regarding direct authorizations: The Board may intervene in all cases where its intervention is specifically called for by this Regulation. The actions of the Board must be in harmony with the general ends and purposes of this -30 Regulation, with Act No. 213 of May 12, 1942 and with Act No. 3 of September 27.,.1961, both as amended,, and due protection for the public interest shall be assured. 11.02 Conditions governing direct authorizations:' Direct authorizations granted will remain subject to compliance with conditions established therein and with the provisions of this Regulation. 11-03 term of effectiveness of Decisioris.Regarding Direct Authorization: Any favorable decision regarding a direct authorization related to a construction, use or sign permit, shall remain without effect if within one (1) year of having rendered same, the correspond- ing permit were not obtained. This effective date shall be considered definite for all legal purposes, except that same may be prorrogated by petition of an interested party, when such extension is not considered contrary to the public interest, and provided that the prorrogation petition is submitted thirty (30) days before the expiration date of the decisions, indicating the motives in which the petition is based, and furthermore, including evidence of the progress attained in the preparation of the preliminary or construction plans, studies and documents that the case may require. 31' - SECTION 12.00 - CONCESSIONS 1P.01 - Concessions in Zone 1: (l)- The Board may authorize the uses listed below which may require construction of structures, earthworks or warehousing or storage of materials or equipment, provided that these uses comply with provisions established in this Subsection; with any other applicable provision of Law or Regulation; and provided that measures be taken to avoid or to minimize the creation of obstacles to the free flow of flooding waters and coastal surges. (a)- Agricultural uses such as stables or animal yards. (b)- commercial uses such as used car sales and boat sales. (c)- Industrial uses such as extraction of sand, gravel and other materials; warehousing or storage of equipment, machinery or materials, provided that said equipment, machinery or materials be firmly anchored or that they may be easily removed from the area immedi- ately following a flooding warning. Ware- housing or storage of materials which are buoyant., flammable, explosive or could be injurious to human, animal or plant life shall not be permitted. 32 - (d)- Recreational uses such as circuses., carnivals, saints' day festivals and open-air theaters. (e)- Public utilities such as installations of pipes and conduits; installation of electric power or communications posts or towers; construction of highways and bridges on columns; marinas piers, and boat landings. (2)- Any temporary or permanent structure which may be authorized by the Board in this Zone must comply with the following: (a)- It.cannot be designed or constructed for human habitation., (b)- Itmust be constructed and located in such manner as to offer the least possible obstruction to the free flow of floodwaters., with its longitudinal axis parallel to the direction of the current. (c)- It must be firmly anchored to prevent flodtation or being carried off by water currents. (d)- Any services such as electric power or heating must be installed at a point higher than the regulatory flooding level. 12-02 Conditions governing concessions: Authorized conces- sions will remain subject to the conditions established therein and moreover to the provisions of this Regulation. 33 - 12-03 Term of effectiveness of Decisions Regarding Concessions: Any favorable decision or authorization regarding a concession to the regulations in force relating to a construction, use or sign permit, shall remain without effect if within one (1) year of having rendered same, the corresponding permit were not obtained. This effective date shall be considered definitive for all legal purposes, except that same may be pro- rogated by petition of an interested party when such extension is not considered contrary to the public interest, and provided that the prorogation petition is submitted thirty (30) dajs before the expiration date of the decision indicating the motives in which the petition is based, and furthermore, including evidence of the progress attained in the preparation of the preliminary or construction plans, studies and documents that the case may require. SECTION 13-00 - SURVEILLANCE AND INSPECTION OF FLOODABLE ZONES 13-01 - Urban Zones: in accordance with the Law, the Urban Renewal and Housing Corporation of Puerto Rico will have the responsibility for the surveillance and inspection of urban areas of the M=icipalities of the Commonwealth of Puerto Rico declared floodable zones. 13-02 - Rural Zones: In accordance with Law, the Department of 34 - Agriculture's Social Programs Administration 'will have the responsibility for the surveillance and inspection of rural zones of the Municipalities of the Commonwealth of Puerto Rico declared floodable zones. I CERTIFY: That the preceeding Planning,Regulation Number 13 (Regulation for the Control of Buildings and Land Development in Floodable Zones) was adopt- ed by the Puerto Rico Planning Board at a meeting held on December 15, 1971, as an integral part of Resolution Number RP-13-0-71, and it is hereby being issued for its publication and general use under my signature and the seal of the Puerto Rico Planning Board, in San Juan,, Puerto Rico, on December 16., 1971. (Signed) HARRY MALDONADO Secretary I ,IIOAA COA91AL SERVICES CTR LIBRARY - 3 6668 14111237 7- 0 I