Reach development concerted

A Reach Development Concerted (ZAC) is a procedure of the French right of the Urbanisme instituted by the Loi of land orientation of December 30th, 1967 like alternative to the Urban development zone (ZUP), and modified with many recoveries since.

It had the main aim of facilitating the dialog between the communities and the private promoters who showed much reserve with regard to the urban development zones (ZUP); incidentally, it was also a question of carrying out a devolution of official controls on the operations of urban development and a standardization of those.

Definition

Implemented as from 1970, “the reachs development concerted are the zones inside whose a community or a public corporation having vocation decides there to intervene to realize or to make carry out the installation and the equipment of the grounds, in particular of those that this community or this establishment acquired or will acquerra in order to yield them or to concede them later on with public or deprived users”

The public equipment produced within the framework of the ZAC can be of type very different, such as drinking water, Assainissement, roads, schools, dwellings, etc)

The project of town planning of ZAC, established around a precise public equipment and construction schedule (residences, activities, equipment) could be either made up by a specific Document of town planning, the Plan of installation of zone (PAZ), or to be the application of the payment of town planning of the commune, the Plan of occupation of the grounds (POS) or the Local plan of town planning (RAINED). Since the Relative law with solidarity and the renewal urban (Law SRU), the rules of town planning of the new ZAC from now on are included in the Local plan of town planning (RAINED) in order to better integrate this one in the surrounding urbanization.

The PAZ approved before the coming into effect of Law SRU continue nevertheless to apply, and it is possible to modify them in order to adapt them to the evolutions of the needs.

The Reach development concerted represents an alternative to that of the Lotissement, which is normally of private initiative, whereas the ZAC requires the will to act of a community.

The creation of the ZAC

Initiative of creation (art R 311-1):

The initiative returns to the State, a territorial collectivity or a public corporation, having vocation, by law or its statutes, to realize or make carry out the object of the ZAC.

The prior cooperation envisaged with the article L 300-2 must be committed at the beginning of the project by a deliberation which specifies the aims in view and the methods of dialog.

The file of creation:

is approved:

is by the commune or the qualified EPCI when they have the initiative of it;
is by the Prefect, when the initiative of the operation belongs to the State, the Area, at the Department, or with a concerning public corporation these communities (OPAC,…) or when the ZAC is located inside an operation of national interest.

must comprise (Article R 311-2 of the code of town planning):

an introductory report;
a plan of situation;
a plan of delimitation perimeters composing the zone;
an impact study.

must finally specify if the Local Tax of Equipment is maintained in the zone, and which is the selected mode of realization (governed, public convention of Installation…)

The law n° 2000-1208 of December 13rd, 2000 relating to urban solidarity and renewal (SRU) removed the Plans of Installation of Zone (PAZ). The rules of town planning of the ZAC are integrated into the local plan of town planning (RAINED). The creation of the ZAC can require the setting in revision of RAINED if the projected operation encroaches on the agricultural zone (A) or undermines the general economy of the document of town planning. example: case of a ZAC with vocation of activities in a sector intended before for the dwelling.

The PAZ approved before the coming into effect of law SRU remain applicable until the approval of one RAINED by the commune or the qualified EPCI. They have the same effects for the interested zones that RAINED and are consequently subjected to the same legal mode.

The PAZ can be the subject of a modification, a simplified revision and a setting of compatibility within the framework of a DUP.

The deliberation which approves the file gives place, pursuant to the article R 311-5 of the code of town planning, with measurements of publicity:

Posting, for one month, of the deliberation or the order of the prefect to the town hall of the communes, and, if necessary, with the head office of the qualified EPCI; Insertion with the collection of the Administrative acts of the Prefecture (if creation by the Prefect), of the commune (if creation by a commune which counts more than 3.500 inhabitants), and with the collection of the administrative acts of the EPCI, when there exists in his perimeter a commune of more than: 3500 inhabitants; Insertion in a newspaper diffused in the department; These measurements of publicity start the legal effects attached to the act of creation (stay of preceedings,… cf above).

The realization of the ZAC

The public person who took the initiative of the creation of the ZAC constitutes a file of realization approved, except when it is about the State, by her deliberating body (art R 311-7).

The file of realization includes/understands:

the program of public equipment to be realized in the zone;
the total program of constructions to be realized in the zone;
estimated methods of financing, spread out in time;
modifications to be made if required to the impact study.

The program of public equipment must be accompanied by the agreement by the communities and other public building owners, which come to a conclusion about the principle of the realization of this equipment, their incorporation in their inheritance, and, if necessary, of their participation in the financing; thus, if it appears in a program of public equipment of a ZAC, the extension of a college will have to collect the agreement of the assembly deliberating on the department.

In addition, the operation can legally put at the load of the developer only the cost of the equipment necessary to the future inhabitants or users of constructions to be built in the ZAC (article L 311-4 of the code of town planning). Conversely, a Z.A.C supposes a minimum of public equipment, so that the competent authority can replace the TLE by a mode of participations specific to contractual character (articles L 317 quater and 1585-C-I-2° of the General Tax Code).

Lastly, the file will contain:

technical appendices (plan of the domanialities future, plans of the networks,…) if necessary, the project of concession of installation (foot-note bucket: the attribution of the concessions of installation is subjected by conceding with a procedure of publicity and competition defined in the articles R 300-4 and following of the code of town planning) modifications to be made if required to the impact study; the schedule of conditions of the transfers of grounds (article L 311-6);

This last part specifies indeed:

the number of square meters of overall surface clear whose construction is authorized on the yielded piece; it thus defines the rights to build attached to each piece.
(possibly) “technical, urban and architectural specifications imposed for the duration of realization of the zone”.

The approval of the file of realization gives place to same measurements of publicity as the approval of the file of creation.

Notes and references of the article

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