Portal de Totana
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1 The requirement for setbacks on roads under the jurisdiction of the City Council when applying for any construction license must be qualified in such a way that it is not an insurmountable condition for the neighbor at work for whom he is applying for a license.
For this purpose, the setback will not be required when the construction of a new set-aside fence and, where appropriate, the demolition of the existing one involves a cost greater than 10% of the total cost of the work for which a license is requested.
In this 10% of cost, the price of the land assigned to the road by the setback must be included, calculated according to the IBI applied to the land of the farm.2 In the ordinance it should be clear that the setback or any other encumbrance that weighs on the adjoining farms, will be applied exclusively to the roads of municipal competence.
They will not be applied to national or autonomous competition roads, nor to competition roads of other public organizations such as the Segura Hydrographic Confederation, Irida, etc.
This will achieve the necessary legal certainty, avoiding residents incurring legal expenses and delays in granting licenses.3 There will be no setback obligation in the granting of licenses that do not involve residential use (segregation license, eg) or that represent agricultural use works (irrigation ponds, etc.)4 As the City Council has been repeatedly requested, each path must be nominated and the orchards that exist in each one must be numbered, so that a plan can be edited at the disposal of the organizations that require it and even individuals.
If possible, once this has been done, a computer application could be launched to automatically and quickly locate any location required, thus facilitating the speed to go to any contingency of ambulances, firefighters, etc.5 Once the different widths of the roads have been defined in the ordinance, depending on whether they are first, second or third, a minimum period must be established (25 or 30 years) during which the width will not be modified.
In this way it is avoided to tax two or more occasions to the adjacent orchards.
If it is imperatively necessary to increase the width of a certain path before the end of the agreed period, the setbacks required for that reason and whenever another prior setback has been made in the period previously provided, will be at the expense of the City Council.6 This Association understands that, in the ordinance, the obligation of maintenance by the City Council will be included, especially in cleaning margins, elimination of potholes, asphalting when this improvement could be undertaken, road signs, road gazetteer, etc., as well as the systematic by which the affected neighbors can request the fulfillment of this obligation to the Consistory, with term of execution.
Source: AV de los Huertos / Foto: archivo Totana.com
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