Cantonal Ordinance on Landowner Contributions and Fees (GBV) - 1. Scope (GBV)

1. This ordinance implements the provisions of the Planning and Construction Act (PBG) and the Act on Water, Soil, and Waste (GWBA) concerning development contributions and fees. It applies to all municipalities of the canton, subject to § 2.

1. The municipalities may issue deviating provisions, in addition to the cases expressly mentioned in this ordinance, regarding

a) the basis for calculating the development contributions for sewage disposal and water supply facilities, in the sense that - in compliance with the minimum rates and observing the principles of §§ 10-12 - lump sum charges per m² of developed land are imposed;

b) the portions of development costs to be borne by the property owners, whereby the minimum rates specified in §§ 42, 44, and 48 must be observed;

c)* the basis for calculating fees, whereby the division of the usage fee into a basic fee and a consumption fee, as stipulated in § 47 paragraph 1 and § 51, is mandatory;

d) the jurisdiction of municipal authorities.

2. Furthermore, municipalities may issue supplementary provisions if this ordinance does not conclusively regulate an area.

1. The municipalities shall regulate in a bylaw

a) the fee rates for connection to the wastewater disposal and water supply facilities;

b) the fee rates for the use of the wastewater disposal and water supply facilities;

c) the amount of substitute payments for parking spaces.

1. The regulatory provisions of the municipalities require approval by the Government Council for their validity.

1. This regulation applies to public development facilities that serve traffic, wastewater disposal, and water supply. The municipalities can also declare it applicable to other development facilities.

2. Public development facilities are facilities that are included in the development plans or that are already owned by the municipality.

3. An area is considered newly developed within the meaning of § 108 paragraph 2 of the Planning and Building Act if, until now, it either has

a) no development at all, or

b) no public development, or

c) no development corresponding to previous land use planning (such as a general sewage project or water project), or

d) no development facilities complying with the Federal Water Protection Act.

4. Based on the development plans, detailed projects are created, which form the basis for the contribution plans.

1. Property owners whose real estate gains added value or special advantages from the construction of a new public access facility—also through expansion and correction in the case of traffic facilities—are required to make contributions to the municipality.

2. The municipality may levy separate contributions if it acquires land for an access facility as a precaution or if it takes over a private access facility and pays compensation for it. The rates according to §§ 42, 44, and 48 apply in this context.

1. The term "construction of a new public access facility" is understood to mean the creation of a new road or a new sewage disposal or water supply facility.

2. "Road expansion" means the substantial improvement or widening of an existing road, the initial application of a hard surface, or the renewal of the road substructure.

3. "Correction" is understood to mean the alteration of the routing of the traffic facility or the redesign of the road space.

1. Contributions are not levied

a) for regular maintenance work (recurring surface renewal, sewer cleaning, etc.)

b) for facilities not directly serving the access to the property (basic access infrastructure).

2. The municipalities may also introduce the obligation to contribute for the basic access infrastructure and for costs incurred from their participation in the development costs with another municipality.

1. The municipal council establishes the obligation to contribute and the anticipated amount of individual contributions as a rule before the construction execution according to the cost estimate in a contribution plan (see Appendix).

1. The portion of the development costs to be borne by the entirety of the property owners (§§ 42, 44 and 48) shall be distributed among the individual plots or plot parts covered by the contribution plan, according to their pertinent area.

2. If the plots or plot parts included in the contribution plan have different utilization coefficients, the pertinent area shall be multiplied by these coefficients. In the absence of utilization coefficients, and if the plots have different utilization potentials, the utilization factors according to § 11, paragraph 2 shall be authoritative.

1. The included area is to be calculated up to a construction depth fully determined by the municipal council, which usually corresponds to the property according to the zoning plan, and beyond that with at least half of the developed area.

2. The utilization factor is determined by the municipal council in the contribution plan. It is derived from the potential utilization of the property or part of the property according to the zoning plan and is generally inferred from the permissible number of floors.

1. If the distance between two development facilities to which connection is possible and permitted is less than two building depths according to § 11 paragraph 1, a median line shall be drawn for the boundary relevant according to the contribution plan.

2. In the case of corner properties, this boundary runs as a bisector between the intersecting development facilities.

3. For sewer and water supply facilities, the general projects are typically authoritative.

1. Contributions for traffic facilities are calculated based on the construction costs (net facility costs) borne by the municipality after deducting any contributions from the canton and third parties. For sewage disposal and water supply facilities, the gross facility costs determined according to §§ 45 and 49 are decisive.

2. The construction costs include, in particular

a) the construction and installation costs as well as the costs of designing the road space;

b) the costs of planning and construction management;

c) the costs of land acquisition;

d) the costs for surveying and marking;

e) inconveniences;

f) financing costs;

g) the costs of street lighting including power cables.

3. For facilities of the canton and other public supply carriers, the share of costs borne by the municipality is decisive.

4. The municipal council may determine that additional costs arising from extraordinary measures (e.g., acquisition and demolition of buildings, construction of larger bridges and underpasses, establishment of ducts, bus loops, etc.) are not or only partially passed on to the landowners.

1. The municipal council shall make the contribution plan available for public inspection for 30 days. The plan shall be published in the official publication organ of the municipality and communicated to the liable property owners, provided they reside in Switzerland and their addresses are known, together with the estimated amount payable, by registered mail.

1. An objection to the contribution plan can be filed with the municipal council during the display period.

2. The objection must be submitted in writing and justified.

1. An appeal against the objection decision may be filed with the Cantonal Assessment Commission within 10 days, and against its decision, an appeal may be filed with the Cantonal Administrative Court within the same period.

1. Upon completion of the facility, the municipal council informs the landowners of the settlement amount and the resulting final contributions via registered letter. The definitive contribution amount may not exceed the amount of the anticipated assessment under § 15 by more than 20%. Any additional costs shall be borne by the municipality.

2. Objections may only be directed against the settlement amount. They must be submitted to the municipal council within 10 days from the delivery of the contribution notification.

3. Complaints shall be governed by § 17.

1. If an objection or appeal against the contribution plan is upheld, a new contribution plan is generally not issued. The municipal council communicates the additional amount to the property owners affected by the contribution plan, unless the legal remedy decision requires the municipality to cover the disputed amount. This communication is sent by registered mail, with a 30-day objection period.

1. Contributions become due 30 days after the delivery of the definitive contribution notice.

2. After this point, the contribution claim shall accrue interest at the default interest rate applicable to cantonal taxes. This applies even if the due date is postponed by the filing of a legal remedy.

3. Liable for payment is the owner of the property at the time of delivery of the definitive contribution notice or at the time of setting the installment payment. The previous owner is jointly liable with him for 5 years if the ownership has changed since the issuance of the contribution plan (§ 15).

4. In the case of building rights relationships, the owner is liable for contributions, even if he has transferred the obligation to pay the contribution to the building rights holder through an internal agreement.

5. The municipal council is entitled to demand partial payments corresponding to the progress of the work, provided that the landowner has already benefited from special advantages or added values before the completion of the development installation.

1. If the municipality constructs development facilities earlier than scheduled in the development program, the contribution procedure shall also be carried out.

2. The first interested party in construction who initiates the construction of the development facility is required to pay their development contribution and advance the entire construction costs. Each subsequent interested party is required to pay their development contribution. The municipal council collects the contributions before granting the building permit and transfers them to the person who provided the advance payment.

3. The advance payment shall be reimbursed, deducting the owed contribution, at the latest after 15 years without interest. An earlier reimbursement is permissible.

4. The obligation to contribute is a public-law property restriction. For deferred contributions, it shall be noted in the land register upon the municipal council's application.

1. Contributions for undeveloped properties shall be deferred without interest until they are developed, but at the latest until the time when the municipality is obligated to reimburse the cost advance in accordance with § 21.

2. The municipal council shall transfer the received contributions to the building investors who have advanced the costs, crediting them to their accounts.

3. The obligation to contribute is a public-law property restriction. For deferred contributions, it shall be noted in the land register upon the municipal council's application.

1. In the construction of public access facilities that serve the development of plots outside the building zone, the contribution procedure must also be conducted. However, the obligation to contribute for undeveloped plots arises only at the time of zoning into the building zone or development.

2. The obligation to contribute according to paragraph 1 is a public-law restriction on property, which is to be noted in the land register upon the municipality council's request.

3. Owners of developed plots outside the building zone are subject to the regular obligation to contribute. For determining the relevant area, § 11 paragraph 1 applies mutatis mutandis. § 13 paragraph 1 is applicable.

1. The municipality may register a statutory lien (§ 284 Swiss Civil Code Supplement) for unpaid contributions.

2. ...

1. The municipal council shall allow the payment of contributions in a maximum of 10 annual installments in cases of hardship, upon request. During the deferral period, the debt shall accrue interest at the default interest rate for cantonal taxes, unless the municipal council orders a reduction or waiver of the interest obligation.

1. The legally binding final contribution order and the request for partial payment (§ 20 para. 5) constitute a final enforceable title pursuant to Article 80 paragraph 2 of the Swiss Federal Act on Debt Collection and Bankruptcy (§ 85 VRG).

1. For the use of public facilities for wastewater disposal and water supply, property owners and users are required to pay connection and usage fees.

2. These fees serve to finance the operation and maintenance of the development facilities. Their amount is to be determined in such a way that the facilities are self-sustaining (covering the costs of administration, maintenance, depreciation, interest, etc.).

3. Connection fees may also be levied for the financing of construction costs not covered by contributions (§ 6).

1. For the connection to the public water supply and wastewater disposal systems, the municipality shall impose a one-time connection fee. This fee is calculated based on the total insurance sum of the Solothurn Building Insurance (building insurance sum) of the connected buildings, unless the municipality decides on a different basis for calculation.

2. The rates are to be established by the municipality in a regulation according to § 3 letter a). The municipality may determine higher rates for development facilities that are financed solely through fees.

3. In the event of an increase in the building insurance sum due to structural measures, an additional payment is required. The municipality may determine that no additional connection fee is due if the increase in the building insurance sum is less than 5%.

4. If the landowner has implemented special structural measures in the energy or environmental technology sector, they are not required to pay connection fees for the portion of the assessed value attributable to these measures. The landowner must provide proof of this portion.

1. The connection fee shall be due 30 days after the invoice is delivered. This may only occur after the utilization of the development facility.

2. After this point, the fee claim shall accrue interest at the default interest rate applicable to cantonal taxes. This applies even if the due date is postponed by the filing of a legal remedy.

3. The party responsible for payment is the owner of the connected building at the time of the connection.

1. If the assessment of fees based on Section 29 results in evidently unreasonable amounts in an individual case, particularly if the amount of the fee demanded deviates excessively from the actual service provided by the municipality, the municipal council shall reduce the fee.

1. To cover the operational and maintenance costs for public water supply and wastewater disposal facilities, the municipality shall levy recurring usage fees, the amount of which is to be determined in a regulation according to § 3 lit. b.

1. The usage fees become due 30 days after the invoice is issued.

2. After this period, the fee claim shall bear interest at the default interest rate for cantonal taxes. This also applies if the due date is postponed by the filing of a legal remedy.

1. The provisions of §§ 24 and 27 apply mutatis mutandis to the registration of the statutory lien and the enforceability of the fee decree.

1. An objection to the fee notice can be filed with the municipal council within 10 days.

2. The objection must be submitted in writing and must state the grounds.

1. An appeal against the objection decision of the municipal council can be lodged with the Cantonal Assessment Commission within 10 days, and against its decision within the same period with the Cantonal Administrative Court.

1. Otherwise, the provisions of the municipal regulations shall apply.

1. Roads, footpaths, and sidewalks are considered chargeable traffic facilities.

**1. The roads within the municipal area are categorized into:**

a) Access roads (fine development)

b) Collector roads (coarse development)

c) Main traffic roads (coarse development)

**2. The municipal council classifies all existing and planned roads included in the development plan into one of these categories.**

**3. An objection against the classification can be filed with the municipal council. The procedure is governed by §§ 15 et seq. of the Planning and Building Act (zoning procedure) mutatis mutandis.**

**4. The objection in the contribution procedure (§ 16) on the grounds of a change in circumstances is reserved.**

1. Access roads serve the purpose of providing parcel-wise access to a district or a comprehensive development.

2. Collector roads gather the traffic from the individual access roads and direct it to the main roads.

3. Main traffic streets are roads connecting localities or roads that connect larger urban areas with each other.

1. Sidewalks are installations intended for pedestrians that are related to the road, either directly adjoining it or separated from it for reasons of spatial design.

2. Footpaths are installations intended for pedestrians that are independent of roads and serve the direct access to properties.

1. All property owners whose land receives an increase in value or a special advantage from the construction of a new road are required to pay the following contributions to the construction costs of the municipality

a) For access roads and footpaths, 80% of the costs;

b) For collector roads, 60% of the costs;

c) For main roads, 40% of the costs. For the municipal share in cantonal roads, item b) applies.

2. For sidewalks up to 2 meters in width, the rates applicable for the respective road apply.

3. In the case of the expansion and correction of existing roads, the municipal council may reduce the rates according to paragraph 1. It must consider whether contributions have already been made for the construction.

4. In the case of developments and facilities with high traffic volumes, such as shopping centers, warehouses, industrial plants, landfills, and extractions, the additional costs of traffic development are entirely borne by the instigator.

5. ...

6. ...

1. If the property owner cannot or is not allowed to create the required parking spaces for vehicles in a suitable location and must pay a substitute fee to the municipality, §§ 16 and 17 shall apply mutatis mutandis to the objection and appeal procedures.

2. The amount of the substitute fee for each required parking space is to be determined in the municipality's regulations (§ 3).

3. The municipality must allocate the substitute fee to a fund, the funds of which are to be used for public parking spaces and for public transport expenses.

1. All property owners whose properties gain increased value or special benefits from the construction of a new sewer line or other wastewater disposal facilities serving direct access, must pay 70% of the cost amount calculated based on § 45 towards the construction costs, unless the municipality decides on a higher rate pursuant to § 2.

1. Basis for the Calculation of the Relevant Costs in Accordance with § 14 in a Combined System

The basis for calculating the relevant costs in a combined system is the estimated construction costs for a standard sewage canal with a diameter of 250 mm, derived from the actual conditions (length of the pipeline, construction depth, soil conditions, etc.).

2. In a Separated System

When calculating the relevant costs as per paragraph 1 for a separated system, a standard sewage canal with a diameter of 250 mm for stormwater and one with a diameter of 200 mm for wastewater should be used as a basis.

1. The connection fee is calculated according to § 29.

1. A recurring usage fee shall be levied for the use of wastewater disposal facilities. This fee consists of a basic charge and a consumption charge. The consumption is calculated based on the measured water consumption.

2. For flowing fountains that are supplied by a private source and may be connected to the public sewer system, an additional annual usage fee according to the tariff schedule must be paid by the property owner.

3. In the case of private water supplies, the water charge is based on what would be payable according to the estimated or measured consumption.

4. In cases of particularly high pollution of wastewater, the municipal council may appropriately increase the fees.

5. If only a small part of the fresh water drawn by industrial and commercial enterprises results in wastewater, an appropriate reduction of the fee is made, taking into account the actual quantities of wastewater discharged (e.g., in nurseries, agricultural operations, cooling water with direct discharge into a body of water, etc.). The necessary proof is to be provided by the user.

1. All landowners whose properties gain added value or special advantages from the construction of a new water pipeline or other water supply facilities serving direct access shall pay 70% of the total construction costs calculated based on § 49, unless the municipality decides on a higher rate pursuant to § 2.

1. Basis for the Calculation of the Relevant Costs According to § 14

The basis for calculating the relevant costs according to § 14 is the estimated construction costs for a standard water pipeline with a diameter of 125 mm, derived from the actual conditions (such as the length of the line, construction depth, soil conditions, etc.).

1. The connection fee is calculated according to § 29.

1. A recurring usage fee is charged for the use of the water supply facilities. This fee consists of a basic charge and a consumption charge.

1. The regulations of the municipalities are repealed upon the entry into force of this ordinance to the extent that they contradict it.

2. The municipalities must adapt their regulations to the new law within 2 years, as necessary.

1. Contributions for which the contribution plan was established before the entry into force of this regulation, and fees owed for the connection of buildings whose approval was granted before this time, shall be levied according to the old law.

2. The old law shall also apply if a wastewater disposal facility or a water supply facility was completed before the entry into force of this regulation and the construction costs are financed by levying connection fees.

3. In the case of usage fees, the determining factor is the due date.

1. The old law applies to the payment of previously deferred contributions.

1. The provisions regarding the land register annotation require the consent of the Federal Council.

1. This regulation shall enter into force on the date determined by the Executive Council.