Purpose (ER)

1. The Development Regulation (DR) governs the development of building zones and other usage zones, to the extent that a public interest exists for them. It determines the fundamental principles for the design and use of development facilities and regulates the relationships between the municipality and the landowners.

2. The Development Regulation contains the principles for the implementation of development (project planning, construction, operation, maintenance, renewal). Details regarding the technical execution of development facilities as well as utility-specific provisions for supply and disposal are regulated in the utility regulations.

3. The Development Regulation further regulates the fundamental principles of financing development and the participation of landowners through the collection of development fees.

1. One-time monetary payment as remuneration for the purchase/acquisition for the use of existing public supply and disposal facilities.

1. A private advance payment is an early monetary payment by a private entity, covering the incurred development costs for an access facility that is constructed before the time stipulated in the development program.

1. Urban drainage encompasses all wastewater facilities and receiving waters for the disposal of wastewater.

1. The special advantage is an economic benefit that accrues to a limited group of persons through a performance by the community. It manifests itself, particularly in the case of undeveloped properties, in better developability, in the increase in value of properties due to infrastructure development, and in reduced or eliminated building burdens.

1. Installations in which water is collected, conveyed, and treated (catchments/spring chambers, reservoirs, water treatment plants, and the connecting pipelines up to the consumer)

1. Installations in which wastewater is collected, conveyed, and treated (sewage systems, wastewater treatment and pre-treatment plants, wastewater holding tanks, etc.).

1. The building burden encompasses all duties related to the construction, maintenance, and improvement of development facilities, including the associated procedural and administrative expenses.

1. The contribution (preferential charge) is a monetary payment and compensates for the special advantage or increased value that has arisen for a third party through a service provided by the community.

1. Recurring Fee as Consideration for the Use and Availment of Public Utility and Waste Disposal Facilities.

1. **Overall Development encompasses all development facilities for traffic, supply and disposal, i.e., all components related to the road, wastewater disposal, water, energy supply, and communication networks.** The individual development facilities are categorized into basic, rough, or fine development according to their developmental significance, development needs, and the nature of cost coverage.

1. The public interest of the municipality in the development is the share of costs borne by public authorities for the development facilities constructed in the public interest.

1. The perimeter clearly defines all properties or parts of properties subject to contributions within a plan. The area of the properties or parts of properties lying within the boundary line is referred to as the perimeter area.

1. Procedure for the distribution of construction cost contributions among the liable landowners who receive a special advantage from a public work.

1. The Development Regulation applies to the entire area of the Municipality of Glarus Nord.

2. It is limited to regulating the development areas of road access, water supply, urban drainage, and waste disposal. The development areas of gas supply and electricity supply are governed by separate enactments.

3. Provisions concerning the financing of development apply to all properties in the building zones as well as to all connectable buildings and facilities outside the building zones.

1. Conceptual Scheme


1. The relevant statutory provisions of the Federation and the Canton remain reserved.

1. The terms used in these Regulations, unless defined in the subsequent provisions, are defined in Annex 1.

1. The municipality is responsible for development, ensuring overall development within the framework of superior regulations and in accordance with the building regulations, zoning plan, and development master plan.

2. Building zones will be developed in a timely manner and in accordance with private and public financial capacity, the requirements of public safety, and the respective use. The burden of construction for basic and rough development lies with the municipality, unless associations or private enterprises are entrusted with it.

3. Public roads and utilities are maintained and renewed by the municipality. Special resolutions and contracts concerning snow removal from roads to remote settlements remain reserved.

1. Fine-grained development is, in principle, the responsibility of the landowners. The implementation of fine-grained development within the framework of special land use plans remains reserved.

2. The maintenance and renewal of private roads and utility lines are the responsibility of the owners.

3. If the municipality constructs new roads, or if existing roads are provided with new surfaces, or if municipally owned utility lines located within the road body are renewed, the landowners are obliged to renew existing private utility lines or connections and to preemptively install connection lines for undeveloped plots. The associated costs shall be borne by the affected owners.

1. The Municipal Parliament enacts the operational regulations with the associated tariffs and determines the target fees. It approves the general water supply project (GWP), the general drainage plan (GEP), as well as general projects in other development areas, and decides, within the scope of its financial powers, on the credits required for the planning and execution of development facilities.

2. The Municipal Council executes the development regulations and carries out the planning approval procedures that fall within its competence. It issues the necessary directives with regard to private development facilities and decides on tariff adjustments within the framework of the target fees approved by the Parliament.

3. The Municipal Council exercises the right to issue directives for development arrangements or delegates this right to the respective municipal utility. Within the framework of the cantonal municipal law and the municipal articles of association, it may delegate technical and administrative powers concerning users and polluters to the municipal utilities or to third parties.

1. The priority of the overall development (Gesamterschliessung) is determined by the structural development, the condition of the individual utility plants (Werkanlagen), and the financial capacity of the municipality and municipal utilities. The basis for the overall development comprises

a) the zoning plan and the development master plan (Erschliessungsrichtplan);

b) the superordinate traffic, supply, and disposal network;

c) the periodically updated overview of the development status in accordance with the federal Spatial Planning Ordinance (RPV);

d) the updated and progressively implementable general water supply project (GWP), the updated and progressively implementable general drainage plan (GEP), as well as general projects in other development areas.

2. The development master plan (Erschliessungsrichtplan) serves as the basis for the project planning and execution of individual development facilities and for the preparation of the development program.

3. The municipal council prepares the development program and makes it publicly known. It can be inspected by anyone.

1. If circumstances have changed considerably since the establishment of the development program, it must be adjusted.

2. The development program must be re-established if, in the case of comprehensive development, the prerequisites are no longer met or the development of other areas has in the meantime become more urgent.

1. Property owners shall inform the Municipal Council early about any intended building projects, so that necessary major development infrastructure can be planned in a timely manner and coordinated with future minor development.

2. The Municipal Council, for its part, shall provide information on the status of development, the development program, and the securing of major development infrastructure.

3. The functions and development standards of the major and minor development infrastructure relevant for a specific building project shall be determined by the Municipal Council. In simple and foreseeable cases, this determination shall be made directly based on construction projects within the building permit procedure.

1. The competent authorities and the entities responsible for construction burdens shall coordinate the facilities for basic and main infrastructure development, as well as for fine-grained access, with each other.

1. Primary development (Groberschliessung) refers to the provision of a building area with the main branches of the development infrastructure, namely water, energy supply, and wastewater pipelines, as well as roads and paths that directly serve the area to be developed.

2. The primary development facilities are public and open to everyone for co-use within the framework of the applicable provisions.

3. The planning and execution of primary development facilities in the areas of road development, water supply, urban drainage, and waste disposal are generally the responsibility of the municipality.

1. General projects define the preliminary dimensions and location of major infrastructure facilities and serve as the basis for further project planning and execution.

2. Construction and execution projects determine the structural design of major infrastructure facilities and other details.

1. For the execution of main development facilities, the relevant provisions of the Spatial Planning and Building Act, the Road Act, as well as the regulations on public works and the directives of the competent specialized agencies apply.

2. Insofar as specific technical regulations for the execution of the facilities are lacking, the relevant standards and recommendations of the competent professional associations shall serve as guidelines.

1. Landowners who wish for the construction of a primary development facility before the execution date provided for in the development program may request the municipal council to carry out the early primary development by the municipality.

2. The request for early primary development must be granted if no significant public interests oppose the early development and the landowners contractually commit to advance all costs associated with the early development. Advances made are not interest-bearing.

3. If the early primary development serves not only the applicants but also third parties, the perimeter procedure must be initiated and carried out with the approval of the early development.

1. **Detailed Development**

Detailed development encompasses the connection of individual plots to the main lines of the development facilities, including publicly accessible neighborhood roads and public utility lines. For utility lines, detailed development is defined as the development from the connection point of the basic and primary development up to the inner side of the building wall, but at most up to and including the water meter.

2. The facilities for detailed development are to be constructed in accordance with the legally binding plans, the provisions of these regulations, and the respective utility regulations.

3. As a rule, every building plot shall be developed from the detailed development by its own direct house connection. Costs incurred by the municipality as a result thereof shall be borne in full by the landowner. The same applies to house connections that are directly connected to basic or primary development facilities.

4. The Municipal Council may enforce the detailed development of building land in accordance with Art. 5 of the cantonal ordinance on land readjustment, against full compensation, if there is an urgent need for developable building land. Enforcement within a perimeter may also be requested by at least half of the landowners who collectively own more than half of the land. The Municipal Council initiates the procedure.

1. The municipal council may oblige landowners within a district and on neighbouring properties to create private communal facilities and to make these facilities available to third parties against reasonable compensation. For larger communal facilities, development plans must be created.

2. Owners of private traffic, supply, and disposal facilities may be obliged by the municipal council to make facilities such as private roads, access routes, pathways, water pipes, and sewage pipes available to third parties against reasonable compensation, insofar as co-use is in the public interest or another solution is unreasonable. Similarly, landowners may also be obliged to grant neighbours rights to their land for the execution of their own development facilities (public right of way in cases of necessity, rights of passage).

3. Cost shares for communal facilities shall be determined in the development plan or, if no such plan is issued, through the perimeter procedure. Compensation for the co-use of private facilities or the granting of rights shall be determined by the municipal council according to the benefit principle.

1. Municipal facilities are understood to be

a) roads, paths, and squares constructed by the municipality on its own land or based on an easement in favor of the public;

b) water and wastewater pipelines, including associated facilities, designated as public in the general water supply project (GWP) or the general wastewater disposal plan (GEP), which are already owned by the municipality or transfer to the ownership of the municipality upon official acceptance (collation);

c) waste disposal facilities constructed by the municipality on its own land or based on an easement in favor of the public.

2. Private facilities are understood to be development facilities constructed by private individuals.

1. The building authority may, upon application, assume ownership of existing development infrastructure facilities constructed by private individuals and serving public use, provided that these facilities meet technical requirements and are in perfect condition.

2. Private individuals must demonstrate that the facilities meet the standard development specifications and are in impeccable condition. The competent expert body may make this determination.

3. If a facility is not technically and structurally maintained in an impeccable condition, or if the previous building encumbrance is associated with special rights, the municipal council may attach conditions to the assumption of public building encumbrance. These conditions must be fulfilled by the previous owner before the transfer of the facility.

4. Private development infrastructure facilities will only be assumed if they are transferred to the municipality free of charge.

5. The assumption of private development infrastructure facilities by means of expropriation remains reserved.

1. The municipality covers the costs for planning, project design, construction, operation, maintenance, and renewal, as well as the costs for interest and depreciation of public access facilities, through user-based and cost-covering contributions and fees from property owners, as well as through contributions from the Confederation, Canton, and municipality.

2. The necessary provisions must be made for the maintenance and renewal of existing access facilities.

1. Contributions (special assessments) are levied to cover the costs for the construction and alteration of development infrastructure (transport, supply, and disposal facilities) created by the municipality.

2. Contributions are levied according to the perimeter procedure pursuant to Art. 31 ER. If contribution-liable fine-grained development infrastructure is determined in a special land-use plan, contributions shall be levied according to the provisions of the special land-use plan.

1. Fees (connection fees and usage fees) are levied to cover the costs of supply and disposal facilities that are created and operated by the municipality (water supply, urban drainage, waste disposal).

2. The one-time connection fees constitute a charge for the right to use the existing public supply and disposal facilities that are created and operated by the municipality. They are levied upon the granting of a connection permit to the public facilities.

3. The recurring usage fees are a charge for the use and utilization of the public supply and disposal facilities that are created and operated by the municipality. They serve to finance the operation and maintenance, as well as the renewal, of the supply and disposal facilities. The usage fees are levied periodically, but at least once a year.

4. The connection fees and usage fees are assessed and collected in accordance with the provisions of the utility regulations and the associated tariffs. These determine the group of obligors as well as the assessment bases and the fee rates, and regulate the procedure for the assessment and collection of the fees.

1. The amount of contributions from property owners is determined by the total costs of the work minus any share of the municipality arising from public interest.

2. The amount of the fees is determined by the costs incurred by the supply and disposal facilities and the target value.

3. The target fee is determined based on future cost development according to asset accounting or the costs for value maintenance including operation, based on a planning model. It is set by the municipal parliament and represents the foreseeable upper limit for user fees in the medium term.

4. The utility's own operating costs, including capital costs (interest, depreciation, and utility-specific provisions), are primarily to be covered by user fees.

5. The tariffs for the annual user fees are continuously reviewed by the municipal council and periodically adjusted in accordance with the cost development of the respective special financing within the established target fee.

1. The sum of contributions may not exceed the total costs of the work financed thereby, less the municipality's share from public interest.

2. The total revenue from the work-specific fees for water supply, urban drainage, and waste disposal may not be higher than the sum of the works' own operating costs, including capital costs (interest and depreciation) and the provisions required for the maintenance and renewal of existing facilities.

3. To ensure cost-covering fee collection, the accounts for the municipal utilities of water supply, urban drainage, and waste disposal are managed as special financing.

4. The Municipal Council is authorized to appropriately increase or decrease contributions and fees in individual cases and under special circumstances. The principle of equality may not be violated.

1. The municipality possesses the right to claim the establishment of a statutory land charge pursuant to Article 227a EG ZGB for defaulted perimeter contributions and connection fees.

1. One-time contributions and connection fees become time-barred after ten years from their due date.

2. All other fees become time-barred after five years from their due date.

3. In both cases, actions interrupting the statute of limitations in accordance with Art. 135 et seq. of the Swiss Code of Obligations remain reserved.

1. All properties that experience a special economic benefit through the creation of new or the modification of existing development facilities carried out by the municipality are subject to contributions. The municipality participates in the total costs of the work subject to contributions, to the extent that there is a public interest in it.

2. The Municipal Council determines the cost share to be borne by the municipality (share of public interest) and by all property owners (share of private interest) in accordance with the public and private interest in the facilities. If development facilities exclusively serve the development and use of an area, all development costs are to be borne by all property owners.

3. For the distribution of the share of private interest among several parties, the potential property use, taking into account any further advantages and disadvantages, generally serves as the basis.

1. The debtors of the contributions are the landowners registered in the land register at the time of their due date.

2. In the case of joint ownership, the joint owners are the debtors of the contribution; in the case of co-ownership, the co-owners are the debtors. In leasehold relationships, the leaseholder (holder of the building right) is the debtor of the contribution.

3. If a property changes hands after the due date of the levy, the obligation to pay all outstanding contributions transfers to the new owner.

1. The landowners liable to contribute may be obliged by the municipal council, in accordance with the progress of the works, to make advance payments up to the amount of their probable cost shares.

2. The advance payments shall be credited against the definitive perimeter contribution within the framework of the final settlement.

1. The perimeter procedure is generally conducted as a three-stage process, consisting of the initiation of the procedure, the adoption of the contribution plan, and the determination of the cost distribution key.

2. The adoption of the contribution plan can be combined with the determination of the cost distribution key.

3. The procedure is typically to be initiated before the start of construction work. In justified cases, a later initiation is possible.

1. The introductory resolution designates the contributable work, delineates the perimeter area, and determines the cost share to be borne by the municipality (share of public interest) and by private parties (share of private interest).

2. The Municipal Council publicly displays the draft introductory resolution in the municipality for 30 days.

3. Affected parties must be informed in writing about the forthcoming public display prior to its commencement.

1. During the public display period, objections may be lodged in writing and with reasons to the Municipal Council against the initiation of the procedure, the proposed perimeter area, and the proportion of public and private interests.

2. If the delineation of the perimeter area or the proportion of public and private interests is amended due to objections, the public display period must be repeated. If the amendments concern only individual parties, these parties shall be given the opportunity to submit a further statement within a period of 30 days, instead of a repeated public display.

3. Following the conclusion of the display period, the Municipal Council shall issue the initiation decision and communicate it to the parties involved and any objectors. Objections against the perimeter procedure itself, the perimeter area, and the proportion of public and private interests can no longer be raised in further proceedings.

1. After the commencement resolution has become legally binding, the municipal council shall arrange for the contribution plan to be drawn up.

2. The contribution plan shall be based on the approved construction project and a compilation of the estimated total costs of the work, specifying any subsidies.

3. The contribution plan shall comprise at least

a) the delimitation of the perimeter area in accordance with the commencement resolution;

b) the list of landowners liable to contribute;

c) a potential plan with contribution zones;

d) the binding cost allocation key (distribution key) in percentages for the division of the private interest share among those liable to contribute;

e) provisions concerning due date, advance payments, reimbursement of advances from premature execution of the work subject to contribution;

f) explanatory report.

1. Within the perimeter, all properties, together with their area, shall be included.

2. The sum of the included property areas within the perimeter constitutes the relevant perimeter area. Undevelopable properties or parts of properties, water bodies, forests, and access areas as defined by the building ordinance shall not be taken into account.

3. The decisive factor for determining the amount of contributions shall be the special benefits accruing to the landowners included in the proceedings from the work subject to contribution. If the special benefits for individual areas within the perimeter are weighted differently, contribution zones shall be established.

4. If a particular standard of development is required by identifiable polluters, the additional costs shall be borne entirely by them.

1. The Municipal Council submits the draft contribution plan to those liable for contributions, with a reference to the possibility of inspecting the underlying documents.

2. Against the draft contribution plan, those liable for contributions may lodge a written and reasoned objection with the Municipal Council within 30 days. If the contribution plan is amended due to objections, the parties involved shall be given the opportunity to submit a further statement within 30 days.

3. After conclusion of the objection procedure, the Municipal Council decides on the contribution plan and notifies it to those liable for contributions.

1. After the contribution plan has been issued and the final account is available, the Municipal Council shall arrange for the cost distribution plan to be prepared.

2. The cost distribution plan shall contain a compilation of the total costs of the work as well as the shares of the actual costs of the work to be borne by the contributors in accordance with the binding distribution key.

3. The assessable total costs of the work shall consist of the municipality's expenses for the planning and construction of the contributory work, including adaptation work, as well as land acquisition, land readjustment, and construction supervision costs. The total costs shall also include the expenses for the preparation of the contribution plan and the execution of the perimeter procedure.

1. The draft cost allocation key must be served on the contributors, with a note informing them of the possibility to inspect the accounting documents.

2. Contributors may lodge a written and reasoned objection against the draft cost allocation key with the Municipal Council within 30 days of notification. If the cost allocation key is amended as a result of objections, the parties involved must be given the opportunity to submit a new statement within 30 days.

3. After the objection procedure has been concluded, the Municipal Council decides on the cost allocation key and notifies it to the contributors. Simultaneously, the cost shares will be invoiced.

1. Perimeter contributions become due for payment upon the entry into force of the cost allocation plan. Advance payments become due for payment upon delivery of the invoice.

**2. Due contributions and advance payments must be paid within 60 days of the delivery of the invoice. In case of delayed payment, default interest at the rate of the respective default interest rate of the municipality will be calculated.**

**3. Private advances for the premature construction of the main access infrastructure will be reimbursed to the entitled parties by the municipality, without interest, in accordance with the provisions of the contribution plan.**

1. If, due to structural measures or a change in the use of the work, the special advantages or the relationship between public and private interests substantially change within ten years of the legal force of the contribution plan, a new perimeter procedure can be initiated upon application by those liable for contributions or ex officio.

2. Contributions made based on the earlier decision shall be credited without interest and without indexation.

3. Contributions are to be paid subsequently or reimbursed according to the new contribution plan.

1. The Municipal Council may grant an exception from the development regulations in individual cases if special circumstances justify it and no public interests or worthy private interests oppose the exception.

2. Exceptions may be granted, in particular, if

a) without the exception, disproportionate hardship would arise;

b) the fulfillment of statutory provisions suggests a deviation;

c) no disadvantages arise for the municipality, the utilities, and other parties obliged to provide development.

3. Exceptions must be justified.

1. Legal protection against decisions and orders issued on the basis of these regulations shall be governed by the Spatial Planning and Building Act (Art. 79).

1. The provisions of the Administrative Justice Act apply to enforcement proceedings.

1. Any person who violates the provisions of these regulations, or who fails to comply with orders issued by the Department or the Municipal Council based thereon, despite having been informed of the penalty provisions of this Article, shall be punished with imprisonment or a fine. The application of cantonal or federal criminal provisions remains reserved.

2. The Municipal Council may impose fines up to CHF 2,000.00.

1. Procedures concerning development infrastructure and development levies that are pending before the competent authorities at the time of the entry into force of the present development regulations, but have not yet been finally concluded, shall continue to be processed and concluded under the previous law.

2. For all procedures initiated after the entry into force of the present regulations, the new law shall apply.