Charges for Archaeological Protection

Charges for Archaeological Protection

RATE ON ARCHAEOLOGICAL PROTECTION

Article 1. SCOPE AND taxing.

In exercise of the powers conferred on local councils in the Local Laws and Local Rules, these rates are set to be levied on the provision of services derived from the obligation to protect the historical and archeological heritage of the municipality of Orxeta, according to the powers granted by the Spanish Historical Heritage Act (16/85 of June 25) in Articles 7, 22, 23, 42 and 43 and by implementing the Law on Cultural Heritage Valenciano (4 / 1998 of June 11) , which states in article 58.4:

"The municipalities may define the areas in the municipality, with the possibility of containing archaeological remains. The boundaries are made in technical competence in archeology and will be submitted to the Ministry of Culture and Education for approval. If approved, it will Areas to be considered as archaeological protection and as such, included on the list of goods and Protected Areas of each town. "

And Article 58.6:

"For the purposes of this Act means those services from Arqueología municipal departments or institutions with qualified archaeologists responsible for the technical implementation and monitoring of archaeological carried out on the town."

Moreover, in connection with the proceedings before the archaeological execution of the works, Article 62 reads:

"1. For the work, public or private property in areas under or archaeological or paleontological sites or areas of protection of archaeological or palaeontological surveillance and, in general, all those that were known or suspected founded the existence of archaeological or palaeontological interest relevant, the sponsor of the works should provide the relevant files a preliminary study on the effects of the projected works could cause the remnants of this kind signed by a competent technician. The actions detailed to produce the study will be approved by the Ministry of Culture, Education and Science, which will establish the criteria to be adjusted performance, and be monitored by an archaeologist and paleontologist appointed by the Ministry.

2. The City Council is competent to grant the license or, if the public entity responsible for the work sends a copy of the study mentioned in the preceding paragraph to the Ministry of Culture, Education and Science, which, in view of it, will determine the whether or not an archaeological or palaeontological action, in charge of the promoter, which will apply the provisions of Articles 60 and 64 of this Law After the intervention, the Department determined that the conditions to be adjust the work to be done. This intervention will be monitored in the same terms set out in Article 62.1.

3. Councils not grant the license for action on urban land and buildings mentioned in the first paragraph of this article without prior study has provided archaeological or palaeontological under the same section and, where appropriate, action has been made to The second paragraph refers.

4. Any act of construction and land use in contravention to the provisions of this Article shall be deemed illegal and will be implementing the provisions of Article 37 of this Law "

Thus, under this legislation creates a municipal archaeological protection, including the catalog of goods and Protected Areas of the municipality of Orxeta.

Will be subject to this charge, the special services and technical reports archaeological certain persons, either directly or indirectly motivated by them.

Article 2. TAXABLE.

The amount is determined by municipal activity developed during the consideration of soil and subsoil, and facilities capable of archeology architecture or industrial, before the final award of licenses for building permits or other activities that could alter the archaeological remains in them locked up.

Article 3. BIRTH OF THE OBLIGATION TO CONTRIBUTE.

Born an obligation to contribute to these fees since they are applied studies, assessments or delineation of deposits, or leave work or project is initiated action in the identified areas as protection and surveillance archaeological and those affected by emerging findings or remains motivated by the taxable municipal action directly or indirectly.

Article 4. Taxable person.

They are taxpayers of this fee, as a taxpayer, natural and legal persons to be affected by the municipal service or activity referred to this Ordinance, as well as the underlying inheritance, community property and other entities that have no personality constitute a separate legal entity capable of imposing heritage.

Article 5. Self-assessment.

The taxable gains and accept the obligation to pay resulting from the settlement of this rate from time to ask the administration any administrative action that implies the provision of the Municipal Archaeological Service.

To that end, the taxpayer is obliged to submit to the appropriate self with the application for building permits or authorization to proceed, and must make prior payment of the amount is to be considered provisional liquidation account final.

If that were to turn up clearance, due to the extension of time or technical change in the category of intervention, such settlement will be claimed by regulation, to be paid prior to the issuance of license or notification of the appropriate decision.

The income from this fee shall be made solely on the financial institutions designated partner for that purpose.

Article 6. PROTECTED AREAS OF ARCHAEOLOGICAL.

The areas eligible for protection under the Municipal Regulations on the Protection of Archaeological Heritage, and the municipality of Paleontology Orxeta.

Article 7. BASES AND TAX.

The bases identified due to the size of the site as follows:

A) The administrative procedure, processing of documentation to the Department of Culture and Education, Inspection and archaeological monitoring.

SOLAR RATE

Solar until 1000 m² € 200.00

Solar 1000 to 5000 m² € 300.00

Solar from 5,000 to 10,000 m² € 400.00

Solar 10,000 m² and 20,000 m² € 500.00

More than 10,000 solar € 600.00 m² (10,000 m² each tranche will increase by 100 €)

B) Acting municipal determined by surveys carried out with mechanical equipment backhoe CASE 4x4 mixed, with manual or skilled workers. Administrative procedure for processing the Department of Culture and Education.

SOLAR RATE

Solar up to 150 m² € 600.00

Solar 150 to 5000 m² € 1200.00

Solar from 5,000 to 10,000 m² € 1800.00

Solar 10,000 m² and 20,000 m² € 2300.00

Solar more than 10,000 m² specific agreement

C) Excavations of the areas defined by prospecting and drilling.

The excavation of the areas defined by mechanical drilling and exploration that will be made by the Municipal Archaeological and Heritage Service will be conducted through cooperation agreement with the developers or owners of the land.

Article 8. EXEMPTIONS, SUBSIDIES AND ASSUMPTIONS OF SUBJECT NO.

Unrecognized tax benefits most from the rules with the force of law or the application of international treaties.

However, they are not subject to this rate the work done by the City directly or through agencies or companies Autonomous him dependent.

Nor are subject to the rate cases of lack of administrative activity in which the manufacturer or owner directly assume the recruitment of technical direction by regulation or monitoring of the poll schedule.

Article 9. MANAGEMENT STANDARDS.

Those interested in obtaining information from urban archaeological or licensing of works in the areas of the city or municipality subject to any level of protection or archaeological supervision, to start this process, in addition to present documentation that is required during the record books, authorization to access the site with proper formalities. This access authorization must accompany the following documents:

Map.

Floor plan of the building demolished or otherwise in default of the plant in its current state.

Where appropriate license to demolish the building if there earlier.

Copies of the geotechnical report if any.

Any document is public or private interest to determine the possible effects of historical or archaeological value.

Article 10. ACCRUAL OF FEES.

Any application for a license, authorization or action involving the exercise of the powers related to the current rates payable from the date of commencement of the process, not admitting any return from them except that they do not have to make actions aimed at checking archaeological or in the circumstances set out in Article 8 of this Ordinance and the percentage.

Article 11. LICENSING OF THE CONDITIONS TO THE EVACUATION OF ARCHAEOLOGICAL REPORT provision.

Protection Areas in the Archaeological, licenses will be subject to appropriate action and the resolution adopted by the Regional Directorate of the Ministry of Culture and Education, the report seen prescriptive archaeological technician appointed by the developer of the work or delivered by the Municipal Service of Archeology Orxeta.

Article 12. Obligations entailed AUTHORIZATIONS OR LICENSING IN PROTECTED AREAS IN ANY OF ARCHAEOLOGICAL their catalogs.

The taxpayer, in addition to paying the fee for the action carried out, should make the excavation of the area delineated, if so decided by the General Directorate of Artistic Heritage with the human and material resources as it demands action project signed by technical responsible.

Article 13. The occupation of public roads.

In the event that the excavation works involving the need for fencing, scaffolding, and in general occupation of a public road, encumbered by municipal ordinances, it will be settled along with the license works, if this is required, and must otherwise that are settled by application of the relevant municipal levy an amount, accrual and payment is made in accordance with it.

Article 14. INFRACTIONS, PENALTIES AND RESPONSIBILITY OF THE TRIBUTE.

In case of violation of some of the matters set forth in the Municipal Regulations on the Protection of Archaeological Heritage and Paleontology will be the revocation of the license works, proceeding to his refusal, regardless of sanctioning if they would place.

In all matters relating to the classification of offenses and determination of their tax penalties will apply in the regulatory regime and the General Tax Law provisions.

As for responsibility for these fees are treated in the art. 37 et seq of the General Tax Law. With regard to the damage they may suffer in an archaeological site will apply Title VII of the Administrative Violations and Punishment of Law 4 / 98, June 11 Cultural Heritage Valenciano.

FINAL PROVISION.

This Ordinance shall come into force once published in the Official Gazette of the province, maintaining it until its amendment or repeal express.