SECTION II NEW TOURIST UNITS
LexInter | May 9, 2016 | 0 Comments

SECTION II NEW TOURIST UNITS

URBAN PLANNING CODE
(Legislative Part)

Section II: New tourist units

Article L145-9

(Law n ° 85-30 of January 9, 1985, art. 72 Official Journal of January 10, 1985)
(Law nº 2000-1208 of December 13, 2000 art. 202 III Official Journal of December 14, 2000)
(Law nº 2005-157 of February 23, 2005 art. 190 I 1º Official Journal of February 24, 2005 in force on February 24, 2006)

A new tourist unit is considered to be any tourist development operation, in mountain areas, having as its object or effect, in one or more stages:
1 ° Either to build surfaces intended for tourist accommodation or to create tourist facilities including floor surfaces;
2º Or to create ski lifts;
3 ° Or to carry out tourist developments not including floor areas, the list of which is fixed by decree of the Council of State.

NOTE: Law 2005-157 2005-02-23 art. 194: The provisions of article 190 will come into force on a date fixed by decree in the Council of State and no later than one year after the publication of this law.

Article L145-10

(Law n ° 85-30 of January 9, 1985, art. 72 Official Journal of January 10, 1985)
(Ordinance nº 2004-1391 of December 20, 2004 art. 4 7º Official Journal of December 24, 2004 in force on January 1, 2005)

With the exception of III of Article L. 145-3, the provisions of Section 1 of this Chapter and the provisions of Chapter II of Title IV of Book III of the Tourism Code are applicable to new tourist units.

Article L145-11

(Law n ° 85-30 of January 9, 1985, art. 72 Official Journal of January 10, 1985) 
(Law nº 2000-1208 of December 13, 2000 art. 202 XI Official Journal of December 14, 2000) 
(Law nº 2005-157 of February 23, 2005 art. 190 I 2º Official Journal of February 24, 2005 in force on February 24, 2006)

In municipalities which are not covered by a territorial coherence plan, the creation and extension of new tourist units are subject to authorization. The project is first made available to the public.
I. – The authorization is issued by the coordinating prefect of the massif, after the opinion of the specialized commission of the massif committee, when it concerns ski lifts which have the effect of creating a new ski area or extending it. the existing ski area beyond a threshold set by decree in the Council of State, or on an operation which is of regional or interregional interest because of its surface area or its capacity.
II. – The authorization is issued by the representative of the State in the department, after consulting a specialized training of the departmental commission competent in matters of nature, landscapes and sites, when it concerns a ski lift having for effect the extension of an existing ski area beyond a threshold fixed by decree in the Council of State, or on an operation which is of local interest because of its location, its surface or its capacity to Home.
The decree provided for in Article L. 145-13 sets in particular the thresholds applicable to I and this II depending on the type of transaction. An authorization is not illegal simply because it was issued by the coordinating prefect of the massif, while it relates to a project for a new tourist unit of a size lower than the threshold set for the application of this present. II.
III. – The creation or extension of new tourist units other than those mentioned in I and II is not subject to authorization.

IV. – The authorization may require the construction of housing for resort employees, in particular seasonal workers, and provide for arrangements for the reception and access to the slopes for non-resident skiers.
It lapses if, within four years from the notification to the beneficiary, the authorized equipment and constructions have not been undertaken. In the event of an appeal, the lapse period is suspended for the duration of the proceedings. For operations authorized prior to the entry into force of Law No. 85-30 of January 9, 1985 relating to mountain development and protection, the date of notification to be taken into account for the calculation of the period of validity of the The authorization is set for January 1, 1986.
The authorization also lapses, with regard to equipment and constructions that have not been started, when the development or construction work has been interrupted for a period exceeding four years. This period may be extended by four renewable years, by deliberation of the municipal council. This period applies to operations authorized prior to the date of publication of Law No. 2005-157 of 23 February 2005 on the development of rural areas.
The land use authorizations necessary for the creation of one of the new tourist units provided for in I can only be issued in municipalities with a local plan of
The land use authorizations necessary for the construction of one of the new tourist units provided for in II can only be issued in municipalities with a municipal card or a local town planning plan.

NOTE: Law 2005-157 2005-02-23 art. 194: The provisions of article 190 will come into force on a date fixed by decree in the Council of State and no later than one year after the publication of this law.

Article L145-12

(Law n ° 85-30 of January 9, 1985, art. 72 Official Journal of January 10, 1985) 
(Law n ° 2000-1208 of December 13, 2000 art. 202 XXI Official Journal of December 14, 2000)

When a new tourist unit project concerns a territory covered by a territorial coherence plan or an approved sector plan and this plan does not provide for its creation, the State representative in the department may, at the request from the municipality or group of municipalities concerned and after consulting the specialized committee of the massif committee, request the modification of the plan.

Article L145-13

(inserted by Law n ° 85-30 of January 9, 1985 art. 72 Official Journal of January 10, 1985)

A Council of State decree specifies the conditions of application of this section.

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