Direct download service (WFS) of the dataset: SUP INT1 – Servitudes instituted in the vicinity of cemeteries in Meurthe-et-Moselle (Generator)
Description
The easements established by Article L. 2223-5 of the General Code of Local Authorities in the vicinity of cemeteries extend within a radius of 100 meters around the new cemeteries transferred outside the communes.
Within this radius:
— no one may, without authorisation, raise any dwellings or dig any well;
— existing buildings may not be restored or increased without authorisation;
— the wells may, after contradictory visits by experts, be filled by order of the prefect at the request of the mayor.
This servitude does not have the effect of rendering the land within this radius inconstructible, but only to require the obtaining of a prior authorisation issued by the mayor pursuant to Article R. 425-13 of the Urban Planning Code.
In accordance with Article R. 425-13, where the project concerns a construction situated less than 100 metres from a transferred cemetery, the building permit, the planning permit or the decision taken on the prior declaration shall take place of the authorisation provided for in Article L. 2223-5 of the General Code of Local Authorities once the decision has been agreed by the mayor, if the latter is not the competent authority to issue the permit.
Articles L. 2223-5 and R. 2223-7 of the General Code of Local and Regional Authorities
Article R. 425-13 of the Urban Planning Code
The generator of a public utility servitude is a geographical entity whose nature or function induces, under the effect of a regulation, constraints on the manner in which the land is occupied by the surrounding land.
The disappearance or destruction of the generator in the field does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal taken by the competent authority may legally remove the effects of the easement(s) in question.
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https://ogc.geo-ide.developpement-durable.gouv.fr/wxs?map=/opt/data/carto/geoide-catalogue/1.4/org_38050/4f107576-45be-4018-acf1-9b30cc8a8c17.internet.map |