Regulations for Alteration of Land-Use Planning within the Industrial District

Promulgated on May 16, 2001

Amended on October 9, 2002

Amended on August 6, 2003/10/30

Regulations for Alteration of Land-Use Planning within the Industrial District

Regulations for Alteration of Land-Use Planning

within the Industrial District

Chapter I General Provisions

Article 1

These regulations are enacted in accordance with the provisions of Article 30-3 of the Statute for Upgrading Industries (hereinafter referred to as “SUI”).

Article 2

The alteration of planning of land use within the industrial district shall be limited to the land for manufacturing enterprises or related industries, and the land designated for communities, public utilities, or the land designated for other uses by the central government agency in charge of industries.

Article 3

The percentage of the land area, after the industrial land use planning is altered, shall accord with the following provisions:

1. The area of land for communities shall not be greater than ten percent (10%) of the

area of the overall industrial district.

2. The area of land for public utilities shall not be less than thirty percent (30%) of

the area of the overall industrial district.

3. The area of land for the related industries shall not be greater than fifty percent

(50%) of the area of the overall industrial district after deduction of the areas of

communities and public utilities.

The provisions set out in Item 2 of the preceding paragraph shall not apply to the land originally designated for public utilities with an area less than thirty (30%) percent of the area of the overall industrial district designated prior to December 31, 1999; and the area of land deducted for public utilities shall be thirty (30%) of the area of the overall industrial district when calculating the upper limit of area of land for the related industries in accordance with Item 3 of the preceding paragraph.

Article 4

Alteration of land-use planning within the industrial district shall be handled by the following organizations:

1. The alteration of land-use planning within the industrial district, developed by the

authority in charge of industries, shall be handled by the authority in charge of

industries within the industrial district.

2. The alteration of land-use planning within the industrial district developed before

December 31, 1999, shall be handled by the central authority in charge of

industries, prior to change of administration agency in accordance with Item 3,

Article 64 of the Statute for Upgrading Industries (SUI).

3. The alteration of land-use planning within the industrial district, developed by the

public and private enterprises or the landowners, shall be handled by the local

authority in charge of the local industries.

4. The alteration of land-use planning for the undeveloped industrial land, designated

pursuant to the repealed Statute for Encouragement of Investment, shall be handled

by the local authority in charge of the local industries.

Chapter II Alteration of Land-Use Planning within the Industrial District

Developed by the Authority in Charge of Industries

Section 1 Alteration of Land-Use Planning within the Industrial

District To Be Handled by the Authority in Charge of

Industries in Accordance with Its Functions and Powers

Article 5

The authority in charge of industries, based on the government policy, the requirements of industrial development or renovation of the industrial district, may alter the land-use planning of the unsold lands originally designated for various uses and the lands for public utilities within the industrial districts developed by the authority in accordance with its functions and powers.

Article 6

Where the authorities in charge of industries handle alteration of land-use planning, the authorities in charge of industries shall put up project sign for ten days in an obvious place in the industrial district to announce the category of enterprises for land use after the alteration of planning is completed; the land users within the industrial district may present their opinions in writing with their names and addresses to the authority in charge of industries.

Besides the alteration of land-use planning pursuant to the preceding provisions, the authorities in charge of industries may hold illustration meeting.

Article 7

For the illustration meeting pursuant to Item 2 of the preceding paragraph, the authorities in charge of industries shall make public announcement of the date, place and type of the meeting, the site of alteration of land-use planning and nature of land use after the alteration of planning is completed; and shall also notify the authorities concerned and the land users within the industrial district.

The authorities in charge of industries or the applicant shall explain the key points of the contents of the alteration of the land-use planning in the meeting.

The authorities concerned and the land users within the industrial district appearing in the meeting may state their opinions.

The authorities in charge of industries shall, after the meeting is over, take down all opinions sated in the meeting for the reference of the alteration of land-use planning.

Article 8

Alteration of land-use planning within the industrial district shall take development situation of the peripheral areas into account, and shall not allow the following conditions to occur:

1. To hinder the use of the land included in the remaining unaltered land-use planning

2. To endanger the peripheral facilities and environment

3. To hinder the use of the peripheral land

Article 9

(Repealed)

Article 10

For alteration of land-use planning, the slope land within the industrial district shall not be used for building site, but the slope land may be combined with the vacant lot of the site.

Article 11

For alteration of land-use planning within the industrial district, the peak-hour traffic flow in normal times after the business plan is completed shall not exceed the minimum excess capacity of the widest road of Service Level “D” facing the site.

Article 12

Alteration of land-use planning within the industrial district shall take design of exit into account, and the exit shall not be constructed by cutting off the corners of the intersections of the roads.

Article 13

For alteration of land-use planning within the industrial district, the authority in charge of industries shall take the uses of water and power within the district into account, and shall coordinate the authorities in charge of end enterprises for supplies when the district faces with scarcity of water and power.

Article 14

The authorities in charge of industries shall make public announcement after the alteration of land-use planning is completed.

The aforementioned announcement shall include drawings of the altered land-use planning and the nature of land use after the alteration of land-use planning is completed.

Section 2 Application for Alteration of Land-Use Planning

Filed by Landowner

Article 15

To practically reflect the need of industrial development within respective industrial districts and to accept application from the landowners within the industrial districts for alteration of land-use planning, the authorities in charge of industries shall prepare the categories of industries, which are suitable or not suitable for introduction into the industrial districts within their jurisdiction.

The preceding categories of industries prepared by the authorities shall be reviewed subject to the development of the industrial district.

Article 16

Where the authorities in charge of industries accept the preceding application, the following shall have to be announced:

1. Categories of industries permitted or not permitted for introduction into

the industrial district

2. Accepting unit

3. Additional documents shall have to be prepared or items shall have to be

announced other than those included in the Stitute

Article 17

Where the applicant files alteration of industrial land-use planning from designation for communities to other uses, the applicant shall, prior to submission of application for alteration of land-use planning, consult with the residents within the communities, and may then file this alteration after an agreement is reached and prepared.

Article 18

For application for alteration of land-use planning under this Statute, the applicant shall prepare and submit the following documents (each in 15 copies) to the authority in charge of industries:

1. Application form

2. Enterprise plan

3. Copies of land registration and cadastral map

4. ID copy of the applicant (or the responsible person/representative)

5. General location maps of the major facilities mainly within a scope of 500m

around the site, each map with a scale no less than 1/2500 (including factory close

to the site, educational facilities, nursery, research institute, hospital, sanitarium,

residential compound, hotel, high-pressure gas tank, gas station, LG station,

highway, rail, level crossing, tunnel portal, freeway intersection, market, fire

brigade, etc.)

6. Agreement made and entered between the applicant and the residents within

the communities under the preceding provisions

Article 19

Enterprise plan under Item 2, Article 18 shall, according to the actual situation, shall include the following matters:

1.Reason for alteration of land-use planning

2.Purpose of alteration of land-use planning

3.Location, scope, and total area of the alteration of land-use planning

4.Survey and analysis of the industrial conditions within the industrial district (the

survey and analysis shall be conducted according to the land-use after the alteration

of land-use planning is completed)

5.Acquisition and management plan of land, building, and other facilities

6.Practical development plan (shall include land allocation plan or plant layout plan,

traffic planning, parking planning, and with attachment of plane layout of the site

before and after the alteration of land-use planning)

7.Report of planning alteration impact and improvement plan (shall include traffic,

parking, water and power, landscape, water pollution, air pollution, noise pollution,

soil and groundwater pollution, waste treatment, etc.)

8.Financial plan (shall include resources and utilization of development fund,

repayment, cost estimate, etc.)

9.Development progress (shall include estimated commencement and completion

dates and monthly schedule)

10.Expected benefit (based on the level of the planned goal accomplished)

Article 20

Where the applicant files alteration of land-use planning, the Articles 8, 10, 11, and 12 shall apply mutatis mutandis.

Article 21

In case the requirements of water and power included in the alteration of land-use planning exceed the originally designed specifications, the applicant shall obtain official documents from the authorities in charge of end enterprises, which definitely state their approval for the required supplies of water and power, and the applicant may then file alteration of land-use planning.

Article 22

In the case of alteration of land-use planning within the industrial district, the applicant shall provide the required parking space on his own.

Article 23

For alteration of land-use planning within the industrial district, overall area of the land, with exception of the land for artificial facilities such as buildings, auxiliary facilities, roads and necessary activities, operation facilities, etc., shall be greenized, and the percentage of greenization shall be eighty percent (80%).

Article 24

For alteration of land-use planning within the industrial district, all piping equipment shall be constructed underground in principle; or the piping equipment shall be beautified provided that underground construction is not feasible.

Article 25

The accepting unit under Item 2, Article 16 shall conduct preliminary examination of documents and site investigation upon receipt of application.

Article 26

For alteration of land-use planning, after the preliminary examination of documents and site investigation are completed under the preceding Paragraph, Article 6 or 7 shall apply mutatis mutandis.

Article 27

Where the authorities in charge of industries accepts the application for alteration of land use from designation for communities to other uses, the accepting unit shall hold illustration meeting in accordance with Article 7 to seek the opinions of the land users within the industrial district about the alteration of land use; and the authority concerned may then proceed to examine the application when no objection is raised.

Article 28

The authorities in charge of industries shall, for the purpose of examining the case of alteration of land-use planning, invite experts, scholars, and the related organizations to participate in examination of the application.

Article 29

The authority in charge of industries shall, after the case of application for alteration of land-use planning within the industrial district is approved, give notice to the applicant and send copy to the administrative authorities of the industrial district within which the enterprise entity is located, and shall also make public announcement of the modified land-use planning drawings, nature of land use, etc. in the place of the administrative organization in charge of the industrial district.

In case the preceding alteration of industrial land-use planning is handled by the authority at the central government level, the authority in charge of industries shall notify the local authority in charge of industries to take charge of follow-up administrative affairs.

Article 30

For alteration of land-use planning, the authority in charge of industries shall, according to the actual situation of the application, request the applicant to set up separation green belt, parking space, and building recession, or fulfil other duties.

The applicant shall be responsible for management and maintenance of the green belt and vacant lot as a result of the building recession under the preceding Paragraph.

Chapter III Alteration of Land-Use Planning within the Industrial District

Developed by the Public and Private Enterprises, or the

Landowners

Article 31

For the unsold land within the industrial district, the public and private enterprises, or the landowners, that developed the industrial district, shall file for alteration of development plan after taking overall development into account; and the Statute shall not apply.

Article 32

For alteration of the land-use planning within the industrial district developed by the public and private enterprises, or the landowners, for the part of the land already sold, the landowners shall submit application to the local authority in charge of industries for alteration of land-use planning to which Section 2, Chapter 2 shall apply mutatis mutandis.

Chapter IV Alteration of Land-Use Planning within the Undeveloped

Industrial District Designated Pursuant to the Repealed Statute

for Encouragement of Investment

Article 33

For the undeveloped land within the industrial district designated pursuant to the repealed Statute for Encouragement of Investment, the landowners shall submit application to the local authority in charge of industries for alteration of land-use planning to which Section 2, Chapter 2 shall apply mutatis mutandis.

Chapter V Supplementary Provisions

Article 34

Where the authority in charge of industries has approved the application for alteration of land-use planning, the applicant shall, according to the requirements of business operation applied, obtain establishment permits from the related authorities in charge of end enterprises.

Article 35

The authorities in charge of industries may, provided that the land is not used according to the approved category of land-use, annul the approval for alteration of land-use planning, and the originally designated uses of the land shall be reinstated.

Article 35-1

Where the applicant changes the range of enterprise category in accordance with the approved range of land-use after the business plan as included in the approved alteration of land-use planning is completed for employment, the applicant shall file application with the authority in charge of industries for approval; the authority in charge of industries may annul the approval for alteration of land-use planning provided that the change of the range of enterprise category has not been approved, and the originally designated usage of the land shall be reinstated.

For regulation of the applicant’s application for change of enterprise category, Articles 8, 10, 11, and 12 shall apply mutatis mutandis.

The term “completion of employment” as used in the preceding Paragraph shall refer to completion of the construction of various buildings and facilities, completion of installation of the related equipment in accordance with the approved planning, or acquisition of required licenses and permits for business operation.

Article 35-2

With regard to the approved case of application for alteration of planning, the applicant may, prior to completion of employment, submit application to the authority in charge of industries for reinstatement of the originally designated usage of land.

With regard to the preceding application for reinstatement of originally planned usage of land, the applicant may prepare application letter or document of agreement under Article 17 and submit application to the authority in charge of industries provided that the land, according to law, is not a new building, additional building, re-constructed building, or a repaired building, and Articles 29 and 30 shall apply mutatis mutandis.

Article 36

Where the applicant files for alteration of land-use planning in accordance with the Statute, the applicant shall re-file after one year from the next day of the date the relevant licenses or permits for completion of employment are issued, and the Statute shall apply.

Article 37

The Statute shall come into force from the date it is promulgated.