CH-NE
7 Public Works - Energy - Transport and Communications - 70 Regional Development - 701 General Provisions - CHAPTER ONE Competent Authorities (RELCAT)
Table of Provisions (94)
Statutory Text (94 Articles)
[2] 1 The Department of Territorial Development and Environment [3] (hereinafter: the department) is responsible for the implementation of the Cantonal Land Use Act (LCAT), dated October 2, 1991.
2. It may, in particular, establish directives.
3. The department shall create a management system for economic activity zones, ensuring their delimitation and rational use throughout the entire territory.
[4]
[5] 1 The Land Development Service (hereinafter: the service) is the executive body of the department.
2. It collaborates with other concerned services of the cantonal administration, in particular the services of bridges and roads, energy and environment, agriculture, wildlife, forests and nature, the office of heritage and archaeology, as well as with the cantonal architect.
3. For specific issues related to natural hazards, the service collaborates with the bridges and roads service and the cantonal geologist.
4. The service manages an economic activity zone management system, ensuring their delimitation and rational use throughout the territory.
5. The service ensures the maintenance of the minimum total area of arable land allocated to the canton by keeping the inventory of arable land areas (ALA) up to date and by managing the ALA reserve.
[6] 1 The Department of Roads and Bridges is responsible for the development and implementation of cantonal alignment plans.
2. The Department of Agriculture is responsible for the enforcement of Articles 73 to 75 of the regulation.
[7] 1 In the case of a request for the subdivision of plots as defined in Article 10 of the LCAT, the consulted services provide a preliminary opinion.
2. The service is the executive body of the competent department responsible for enforcing Article 10, paragraphs 3 and 4, of the LCAT.
[9]
[12] 1 The concepts and measurement methods defined in this regulation are applicable to cantonal and communal zoning plans.
2. The canton and the communes cannot supplement them with concepts and measurement methods that are contrary to those of this regulation.
3. The canton and the communes may adopt different provisions if this regulation allows it and under the conditions set forth therein.
[14] A building is a real estate structure with a fixed roof and generally enclosed, sheltering people, animals, or things.
(annex 2 of the AIHC, figure(s) 2.1-2.3)
[15] 1 A small structure is a construction not attached to a building, which only includes secondary usable areas and does not exceed the determining area of 40 square meters and a total height of 4.50 meters.
2. With respect to the boundary of the neighboring property, it maintains a distance of at least 2 meters.
3. Municipalities may define more restrictive values than those in the first paragraph in protected built-up areas as well as in special and district plans.
(appendix 2 of the AIHC, figure(s) 2.1-2.3)
[16] 1 An annex is a structure attached to a building, which includes only secondary usable areas and does not exceed a determined area of 40 square meters and a total height of 4.50 meters.
2. Relative to the boundary of the neighboring property, it maintains a distance of at least 2 meters.
3. Municipalities may establish more restrictive values than those provided in paragraph 1, in built sites subject to protection as well as in special and neighborhood plans.
(Annex 2 of the AIHC, figure(s) 2.1-2.3)
[17] 1 An underground construction is a structure that is entirely located below the reference or excavated ground, with the exception of the access and the guardrails.
2. In relation to the boundary of the neighboring property, it must maintain a distance of at least 1 meter.
(Annex 2 of the AIHC, figure(s) 2.4-2.5)
[18] 1 A partially underground construction is a structure that does not exceed a reference or excavated ground level by an average height of more than 1.50 meters and at no corner by more than 3 meters.
2. The average height is measured at the corners of the construction from the reference or excavated ground level to the upper surface of the finished floor.
3. With respect to the boundary of the neighboring property, the partially underground construction maintains a distance of at least 2 meters.
(appendix 2 of the AIHC, figure(s) 2.4-2.5)
[19] 1 Facade plans correspond to the surface enveloping the building, defined by the vertical lines included between the exterior corners of the building's body. They are situated above the reference ground. Insignificant projections and recesses are not taken into consideration.
2. The base of the facade is the intersection between the facade plan and the reference ground.
3. The base of the facade is projected onto the cadastral plan and recorded on the site plan.
(annex 2 of the AIHC, figure(s) 3.1-3.3)
[20] 1 Projections are the protruding parts of the façade plan whose proportions relative to the concerned façade do not exceed
c) one-third of the length of the concerned façade.
2. The eaves are a projection to which only the maximum depth of 2.50 meters applies.
3. Projections cannot encroach on the boundary distance by more than one-third of that set by the municipal zoning regulations.
4. Municipalities may define more restrictive values than those in the first paragraph in built-up areas subject to protection as well as in special and district plans.
5. Unless a zoning plan allows it, projections, with the exception of eaves, cannot encroach on an alignment or construction distances relative to a forest, a vineyard, a watercourse, or roads.
(appendix 2 of the AIHC, figure(s) 3.4)
[21] 1. Recesses are areas set back from the concerned façade.
2. They are negligible if their depth does not exceed 2.50 meters in relation to the concerned façade and, when considered collectively, if they do not cover more than one-third of the length of the façade.
(appendix 2 of the AIHC, figure(s) 3.5)
[23] 1 The measure of land use can be expressed by the gross land use index (GLUI), the mass index (MI), the land occupation index (LOI), or the green area index (GAI).
2. The measure of land use may be replaced by other concepts provided for in Chapter 3 of this regulation in built sites subject to protection, in public utility areas, tourism areas, sports, relaxation and leisure zones; and by the rules of contiguous order where prescribed.
[24] 1 The reference terrain is equivalent to the natural terrain.
2. If it cannot be determined due to previous excavations and landfills, the reference is the surrounding natural terrain.
3. If no determination of the terrain is possible, the reference terrain is defined according to the 2001 LIDAR survey available on the Neuchâtel Territorial Information System.
4. For reasons related to land-use planning or infrastructure, the reference terrain may be determined differently in the context of a planning or building permit procedure.
[25] 1 The Determining Land Area (DLA) corresponds to the land or portions of land included within the corresponding building zone.
2. The area of access to the building, corresponding to the private facilities in accordance with Article 111 of the LCAT, is taken into account.
3. The surfaces related to the road network corresponding to the basic and detailed infrastructure are not counted if they are existing or defined by projects for which the construction procedure is underway or completed.
4. Non-buildable areas provided for by a special plan or neighborhood plan during a consolidation of constructions pursuant to Articles 68 and 80 of the LCAT may be considered.
(appendix 2 of the AIHC, figure(s) 8.1)
[26] 1 The floor area ratio (FAR) is the ratio between the determining area of a building (DAB) and the determining land area (DLA).
2. The determining area of a building includes the area located within the projection of the building's façade base.
FAR = DAB/DLA
3. Annexes, small structures, projecting parts of partially underground constructions, and negligible recesses are taken into account.
(appendix 2 of the AIHC, figure(s) 8.4)
[27] 1 The Built Mass Index (BMI) is the ratio between the built volume above the reference land (BVr) and the determining land area (DLa).
2. The built volume corresponds to the volume defined by the outer limits of a building structure above the reference land.
3. Building parts that are open for more than half of their volume are not considered in the built volume.
BMI = BVr/DLa
(annex 2 of the AIHC, figure(s) 8.3)
[28] 1 The Gross Floor Area Ratio (GFAR) is the ratio between the sum of floor areas (FA) and the determining land area (DLA).
2. The sum of floor areas is composed of the following elements
e) facility areas (FA).
3. Areas where the floor void is less than 1.50 meters are not taken into account.
GFAR = ( Σ FA) / DLA
(appendix 2 of the ICHF, figure(s) 8.2 )
[29] 1. The Green Surface Index (GSI) is the ratio between the determining green surface (DGS) and the determining land surface (DLS).
2. The determining green surface includes natural and/or vegetated surfaces that are permeable and are not used for storage or parking.
GSI = DGS/DLS
[31] 1 The distances to the boundary and between buildings aim to ensure each property has the necessary space, sunlight, and light.
2. For structures that rise above the reference terrain, it is necessary to observe the major distance and the minor distance.
3. The major distance and the minor distance may be identical.
[32] 1 The distance to the boundary is the distance between the projection of the facade's base and the boundary of the plot.
2. The large distance is measured perpendicularly to the south-facing facade; municipalities may determine, within the development plan, for their entire territory, by zone or by district, a theoretical south orientation.
3. The small distance is measured perpendicularly to the other facades as well as to the corners of the building.
4. In the presence of an alignment or a construction distance relative to roads, the distance to the boundary is replaced by the aforementioned alignment or distance.
(appendix 2 of the AIHC, figure(s) 7.1-7.3)
[33] 1 The distance between buildings refers to the distance between the projections of the footings of the facades of two buildings.
2. The distance between buildings must at least equal the sum of the prescribed boundary distances for each of them.
3. If the buildings are situated on the same parcel and if one of them is a small structure, the distance stipulated in paragraph 2 may be disregarded.
4. The distance between a new building and a building erected in accordance with previous legal provisions that does not comply with the prescribed boundary distance is reduced by the missing distance.
(appendix 2 of the AIHC, figure(s) 7.1-7.3)
[34] 1 The alignment is a construction setback limit, dictated in particular by urban planning reasons or reserving space for existing or proposed installations.
2. An evolution perimeter is a buildable area delineated within the framework of a zoning plan which may deviate from distance regulations.
3. Development plans, special plans, district plans, and alignment plans determine, if applicable, whether projections, annexes, small constructions, underground or partially underground constructions can encroach on alignments and evolution perimeters; if not, no encroachment is possible.
(annex 2 of the AIHC, figure(s) 7.4)
to art. 37 [35]
The arrangement of constructions can be contiguous, nearly contiguous, or non-contiguous.
[36] The contiguous order is illustrated by the following diagram, which includes the prescriptions that must be established in the development plan, in a special plan, or in a neighborhood plan, namely
Diagram Article 39
[37] 1 Non-contiguous order is characterized by the complete clearance of buildings and by the distances to be observed between buildings and property boundaries, or between buildings located on the same plot.
2. Repealed.
3. As long as the regulations concerning the length of buildings and the types of dwellings are respected, constructions may be contiguous.
[38] 1. The nearly contiguous order is a variant of the non-contiguous order.
2. It may be prescribed in sectors where it corresponds to an urban planning tradition.
[39] Residential buildings may be of two types
[40]
[42] 1 The height of buildings is determined in zoning plans by the total height, the façade height, or the number of floors.
2. The zoning plans may replace the total height with a maximum altitude level.
3. Repealed.
[43]
[44] 1. The height of the facade is the greatest height between the intersection of the facade plane and the upper plane of the roof frame measured plumb from the corresponding base of the facade.
2. Technical superstructures such as chimneys and ventilation outlets that extend no more than 1 meter above the upper plane of the roof frame are not taken into account.
[45] 1 The facade height is the greatest height between the intersection of the facade plane and the upper plane of the roof structure, slab, or railings, whether openwork or not, measured vertically from the corresponding foot of the facade.
2. However, railings, whether openwork or not, which are set back from the facade planes by a distance at least equivalent to their height, calculated from the upper plane of the finished floor, are not taken into account.
3. Technical superstructures, such as chimneys, ventilation ducts, and technical cabinets for elevators that exceed the upper plane of the finished floor by no more than 2.50 meters, and solar panels by no more than 1.20 meters, are not taken into account.
(annex 2 of the AIHC, figure(s) 5.2)
[46] 1. The total height is the greatest height between the highest point of the roof structure or the slab for a flat roof, measured perpendicularly from the reference ground level.
2. Technical superstructures, such as chimneys, ventilation openings, as well as technical elevator cabinets exceeding the upper plane of the finished floor by up to 2.50 meters and solar panels by up to 1.20 meters, are not taken into account.
3. Guardrails, whether openwork or not, which are set back from the façade planes by at least a distance equivalent to their height, calculated from the upper plane of the finished floor, are not taken into account.
(appendix 2 of the AIHC, figure(s) 5.1)
[47] 1 Floor-to-Ceiling Void is the difference in height
a) between the finished floor and the finished ceiling, or;
b) between the finished floor and the underside of the joists, spaced less than 0.40 meters apart, when they determine the usable height.
2. The floor-to-ceiling void for habitable rooms and the minimum height considered in the calculation of the habitable area are defined by the implementing regulation of the cantonal construction law.
(Annex 2 of AIHC, figure(s) 5.4)
[49] 1 The length is the longest side of the smallest rectangle in which the projection of the footprint of the facade fits.
2. The width is the shortest side of the smallest rectangle in which the projection of the footprint of the facade fits.
3. Appendices are taken into account in the calculation of the length and width.
(Annex 2 of the AIHC, Figure(s) 4.1-4.2)
[50] 1 The depth of the building is determined according to the plan provided for the contiguous order.
2. It is measured from a mandatory alignment or the base of the facade in the presence of an implantation front.
[52] 1 The floors correspond to the levels of a building with the exception of the basement, the attic, and the top floor.
2. The number of floors is counted independently for each section of the building.
(appendix 2 of the AIHC, figure(s) 6.1)
[53] 1 The basement is a level where the finished floor of the upper level does not exceed the average height of 1.20 meters compared to the base of the facade.
2. The average height is measured at the corners of the building from the base of the facade up to the finished floor of the upper level.
(annex 2 of the AIHC, figure(s) 6.2)
[54] The attic is a level where the permitted height of the attic wall is not exceeded.
(appendix 2 of the AIHC, figure(s) 5.3 and 6.3)
[55] 1. The height of the attic wall is the measurement between the level of the unfinished floor of the attic and the intersection of the façade plane and the upper plane of the roof structure.
2. It is on average 1.50 meters.
3. Municipalities may define different values in protected building sites as well as in special plans and neighborhood plans.
(Annex 2 of the AIHC, figure(s) 5.3 and 6.3)
[56] 1. The attic is a level where at least one façade is set back by a distance of at least 2.50 meters from the lower level.
2. Municipalities may adopt different provisions in the zoning plan, special plans, and neighborhood plans, and may specifically prescribe a setback from all façades of the lower level or from a specified façade.
(Annex 2 of the AIHC, figure(s) 6.4)
[57] 1. The floor height is the difference between a finished floor and that of the upper floor.
2. The municipality may set a floor height if it adopts the concept of floors for calculating the height of buildings.
3. For premises intended for economic activities on the ground floor, the municipality may set an increased floor height. If this increased height is exceeded, the ground floor is counted as two floors.
[59] Buildings must be adapted to the topography of the land, and only minor modifications to the natural terrain are permitted.
[60] 1 Slopes cannot have an inclination greater than 34°.
2. Retaining walls up to a height of 1.20 meters relative to the natural ground level may be constructed at the property boundary.
3. Retaining walls exceeding the height specified in paragraph 2 must be set back the same distance from the property boundary.
4. Owners may agree in writing to arrange differently the slope of the embankment and the height of the retaining wall, provided that the implementation of constructive measures ensures the stability of the embankment and the retaining wall.
5. In all cases, the total fill on the same property cannot exceed a maximum height relative to the natural ground level; this height is determined by the municipalities in the development plan.
6. The provisions of the law on roads and public ways (LRVP), dated August 21, 1849 [61] are reserved.
[63] 1 Any substantiated request for constructions or installations outside the building zone shall be submitted to the Municipal Council simultaneously with the request for preliminary or final approval.
2. The provisions of the implementing regulation of the construction law regarding coordination are applicable.
The Municipal Council sends its opinion to the service at the same time as its opinion regarding the request for preliminary or final sanction.
Decisions of the department made pursuant to Articles 62 and 63 LCAT are notified in accordance with the rules of coordination.
If the Municipal Council intends to submit a project to the simplified procedure, it shall first consult the service.
The service establishes the necessary official forms and makes them available to the interested parties.
[65] 1 The SDA from the reductions of the building zone and the deferred use zone carried out as part of the implementation of the cantonal master plan are allocated to an SDA compensation account.
2. The SDA consumed during the revision of the zoning plans for the creation of cantonal and regional economic development hubs, station hubs, mixed-use hubs, housing hubs, and building zone extensions, as provided for by the cantonal master plan, are compensated by the SDA allocated to the compensation account.
3. The SDA consumed outside the cases provided for in paragraph 2 are compensated by the allocation of new surfaces equivalent to the SDA.
[66] 1. The SDA consumed for the creation of cantonal economic development hubs, station hubs, mixed-use hubs, and residential hubs are accounted for through the SDA compensation account.
2. The SDA consumed outside the cases provided for in paragraph 1 are compensated within a procedure coordinated with the procedure for allocating SDA to the building zone.
[67] SDA Compensations for the Creation of Regional Economic Development Hubs and Building Zones Outside Strategic Sectors are Primarily Conducted by Regions as Defined by the Regional Master Plans.
1. The request for exemption from municipal alignment plans, which must be written and justified, is submitted to the Municipal Council simultaneously with the request for preliminary or final approval.
2. The provisions of the implementing regulation of the construction law related to coordination are applicable.
[68]
1. The written and reasoned request for an exemption from the cantonal alignment plans must be submitted to the Municipal Council simultaneously with the request for preliminary or final approval.
2. The provisions of the implementing regulations of the construction law concerning coordination are applicable.
[69]
[71] 1 The written and justified request for exemption from the water reserved area is submitted to the Municipal Council at the same time as the application for preliminary or final sanction.
2. The provisions of the regulatory implementation of the construction law related to coordination are applicable.
1. Zoning plans are drawn up based on cadastral maps at an appropriate scale, defined in agreement with the service.
2. Neighborhood and subdivision plans are generally drawn at a scale of 1:500.
[73] The establishment of a reserved area as per Article 57 of the LCAT follows the procedure related to municipal land use plans.
[74]
[75] 1 When a municipality prepares a neighborhood plan, the preparation costs to be shared among the property owners are based on the greatest buildable volume according to the neighborhood plan.
2. When a municipality modifies an existing neighborhood plan, the modification costs to be shared among the property owners may be subject to a different method of distribution.
1. The contribution of property owners to the costs is due upon the enforcement of the neighborhood plan. The municipality may request advances in proportion to the work undertaken or, in specific cases, defer the collection of the contribution to the costs.
2. When the collection of the contribution to the costs is deferred, a late payment interest, the rate of which is set by the implementing regulation of the law on direct contributions dated November 30, 1965, is payable.
[76] 1 For the Municipal Council to be able to forgo the neighborhood plan, the project competition must comply with regulations 142 and 143 related to project competitions of the Swiss Society of Engineers and Architects (SIA).
2. The competition program specifies the intention to forgo the development of a neighborhood plan and outlines the binding rules concerning land use and construction to be adhered to.
3. Before the competition is published, it must be submitted for approval by the Municipal Council and for the opinion of the department; if approved, the Municipal Council provisionally declares its intention to forgo the development of a neighborhood plan, subject to paragraph 5 of this article.
4. During the public inquiry phase of the building permit application, it is indicated that there is an intention to forgo the development of a neighborhood plan.
5. At the conclusion of the building permit process, the Municipal Council decides on the final renunciation of the development of the neighborhood plan and issues its decision concurrently with the one concerning the building permit.
**1. The following are particularly taken into account for the calculation of the contribution:**
a) the expenses incurred for the establishment of the projects;
b) the expenses incurred for the management of the projects;
c) the expenses for the acquisition of land or other real estate rights necessary for the execution of the projects, including the market value of areas already owned by the municipality;
d) the interest on construction loans;
e) the construction work itself on public property, such as roads, sidewalks, public lighting, pipelines, and fences.
**2. Any subsidies received for the projects and their execution must be deducted from the expenses before determining the contribution to equipment costs.**
**3. Contributions that are not paid by the payment deadline or that are deferred are subject to late interest, with the rate set by the implementing regulations of the law on direct contributions, dated November 30, 1965 [77].**
[78] 1 The building zone is equipped in accordance with the principle of measured land use.
2. The access routes are designed to take into account
e) public transportation.
[79]
[81] Decisions of the department are subject to a fee ranging from 100 to 5,000 francs, payable by the applicant.
[82] 1. The notice from the department and its services regarding the general revisions of municipal zoning plans and alignment plans is subject to a flat fee charged to the municipality of 500 francs per file.
2. Other notices from the department and its services are subject to a fee charged to the municipality, with a maximum amount of 25,000 francs calculated in accordance with Articles 71b to 71f.
3. Notices related to fire prevention and defense against natural elements established in the context of cases provided for in Articles 71a, paragraph 2, and 71b to 71f of this regulation are, in all cases, subject to an additional fee charged to the municipality according to the rate set by the Council of State.
4. The municipality may pass the fee on to the property owners.
[83] 1. The fee is calculated based on a base charge of 500 francs per file and 0.50 franc per square meter of buildable area included in the neighborhood plan.
2. It covers the usual services provided by the department for the review of a neighborhood plan, from the initial contacts up to the department’s preliminary opinion, namely the preparation and drafting of the preliminary opinion and a maximum of three meetings with the department.
3. For any additional services beyond those defined in paragraph 2, an additional fee is due according to the time spent, in accordance with the ordinance on the hourly rate of fees.
[84] 1 The fee is calculated based on a base tax amount of 500 francs per file, to which is added an amount corresponding to
a) 2 francs per m² of sales area, for shopping centers up to 2,499 m² of sales area;
b) 4 francs per m² of sales area, for shopping centers over 2,500 m² of sales area;
c) 100 francs per horse stall, for special plans concerning riding arenas;
d) 1% of the guarantees deposited, for extraction plans, payable as soon as the guarantees to be deposited are known;
e) 0.50 franc per m² of buildable area, for all other special plans.
2. It covers the usual services provided for the examination of a special plan, from the initial contacts to the department's preliminary opinion, including the drafting of the preliminary opinion and up to three meetings with the service.
3. For all additional services beyond those defined in paragraph 2, a supplementary fee is due according to the time spent, in accordance with the decree related to the hourly rate of fees.
[85] 1 For modifications of plans, the fee is calculated based on the time spent, in accordance with the ordinance regarding the hourly fee schedule.
2. The same applies to plan modifications during the procedure and after objections.
[86] 1 The fee is calculated in accordance with construction legislation unless the fee calculated according to Articles 71 to 71d of this regulation is higher.
2. If the fee calculated according to Articles 71 to 71d of this regulation is higher than that calculated in accordance with construction legislation, the higher fee applies.
[87] 1. The notice from the department and its services regarding cantonal zoning plans and their modifications is subject to a fee charged to the municipality only in the cases provided for in article 16, letter e of the LCAT.
2. The fee is calculated based on the time spent, in accordance with the ordinance relating to the hourly rate of fees.
The fund's participations are granted under Article 41 LCAT by the State Council.
[88] 1 The Land Development Fund may subsidize expenses imposed on municipalities within the framework of material expropriation procedures, in the sense of Articles 38, 39, and 41, letter a LCAT, when
a) the canton has been duly involved before the commission;
b) the request does not concern parcels for which the canton had excluded its participation in the event of material expropriation.
2. When expenses for compensating cases of material expropriation are agreed upon between the canton, the municipalities, and the owners within the framework of an administrative law contract as per Article 36a LCAT, the subsidy covers a maximum of 25% of the compensation.
[89] 1 Grant applications must be submitted to the department upon receipt of the compensation request.
2. If the application is approved by the department, it is forwarded to the Council of State, which determines the amount of the grant and sets the terms of its disbursement.
3. The amount is paid to the municipality requesting the grant upon submission of the invoices.
[90] 1 Interest may be covered, within the meaning of Article 41, letter b, of the LCAT, when
a) the purchase of real estate, located within the usual operational area, enables the consolidation of the agricultural enterprise without compromising the objectives of rural land law, particularly those related to land grabbing and the dismantling of entire estates;
b) the purchase price of the real estate does not exceed eight times the yield value established according to the Federal Law on Rural Land Rights (LDFR) of October 4, 1991;
c) the applicant contributes his own financial resources as could be reasonably expected;
d) repealed.
2. The request is submitted to the agricultural service before the conclusion of the real estate transaction, after which it is forwarded to the land management service for advice before the Council of State determines the amount of the subsidy and establishes the terms of its payment.
3. The agricultural service regularly informs the land management service of the sums committed for the coverage of interest.
1. The portion of loans eligible for interest coverage is that which exceeds the maximum charge, as defined by Article 73 of the Federal Law on Rural Land Rights, of October 4, 1991, up to half of the purchase price admitted under the terms of Article 7.2, letter b, of the regulation.
2. Loans, secured by a pledge in the form of a mortgage, shall be amortized by annuities equivalent to at least one-fifteenth of the original capital.
1. Termination of Interest Coverage Occurs No Later Than
b) in the event of the transfer of all or part of the agricultural enterprise to a third party.
2. In the event of a significant improvement in the financial position of the beneficiary, the assistance may be prematurely terminated, and interest at standard rates may be claimed from them, in whole or in part, for the duration during which they received assistance.
[92] The fund is managed by the service.
2. The assets of the fund are administered by the financial service.
**[93] Studies Related to Regional, Intercommunal, or Merged Municipal Master Plans**
Studies concerning regional, intercommunal, or merged municipal master plans may be eligible for a subsidy covering up to 50% of the expenses incurred by the municipalities, with a maximum of 50,000 francs per project.
[94] 1. Provided that they have been preceded by a regional, inter-municipal or merged municipalities master planning, studies related to municipal, inter-municipal or regional development plans may be eligible for a subsidy.
2. The subsidy for municipal, inter-municipal, or regional development plans may cover up to 20% of the incurred costs, but a maximum of 20,000 francs.
3. In exceptional cases, such as in the event of a merger of municipalities, the assistance may be increased to 50,000 francs.
[95] 1. Applications for grants for cases referred to in Articles 77 and 77a must be submitted to the department accompanied by a budget and a preliminary study conducted by a qualified professional representative before the commencement of the actual studies.
2. If the budget and the preliminary study are approved by the department, the grant application is forwarded to the Council of State.
3. The Council of State determines the amount of the grant, taking into account, in particular
b) the area and population of the community affected by the planning measure;
[96] 1. The amounts determined by the Council of State are paid only upon presentation of the invoices settled by the applicant for the grant and after the approval of the Council of State.
2. The Council of State sets the other terms and conditions for the payment of the grant, including the deadline within which the revision of the development plan must be submitted for its approval. Failure to meet the deadline set by the Council of State may result in the revocation of the grant.
[97] 1 Competitions, within the meaning of Article 15 of the Cantonal Public Procurement Law, dated March 23, 1999, as well as parallel study mandates, can be subsidized up to 30% of the expenses incurred, but not more than 50,000 francs per project, if they aim to enhance urban space.
2. In exceptional cases, the assistance can be subject to an agreement and may be higher.
[98] 1 The amounts determined by the Council of State are paid solely upon submission of invoices paid by the applicant for the grant and after the submission of the final report by the jury or committee of experts.
2. Additionally, the procedure for subsidizing master plans and development plans is applicable.
This regulation applies to zoning plans regardless of their date of adoption.
The Implementing Regulation of the Cantonal Law on Spatial Planning (RELCAT), dated April 1, 1992 [99], is repealed.
1. This regulation comes into force on January 1, 1997.
2. It will be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.
The maximum height according to the implementing regulation of the Cantonal Territorial Planning Law of October 16, 1996, remains applicable to neighborhood plans and special plans that came into force before the adoption of this order.
Articles 18 to 37 Schemes
Until the entry into force of the adaptation of cantonal and communal zoning plans, resulting from the law adapting the cantonal legislation to the inter-cantonal agreement harmonizing terminology in the field of constructions (AIHC) of November 6, 2012, Article 51, paragraph 1, of the implementing regulation of the Land Use Planning Law (RELCAT) of October 16, 1996, remains applicable in its modified version reproduced below.
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