Simple download service (Atom) of the dataset: SUP INT1 — Servitudes instituted in the vicinity of cemeteries in Meurthe-et-Moselle (Generator)
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Provided by BUREAU DE RECHERCHES GÉOLOGIQUES ET MINIÈRES
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The easements established by Article L. 2223-5 of the General Code of Local and Regional Authorities in the vicinity of cemeteries extend within a radius of 100 metres around new cemeteries transferred outside the municipalities.
In this section:
No one may, without authorisation, raise any dwelling or dig any well;
— existing buildings may not be restored or increased without authorisation;
— wells may, after contradictory visits by experts, be filled by order of the prefect at the request of the mayor.
This easement does not have the effect of rendering the land within this radius inconstructible, but only requires 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 relates to a construction situated less than 100 metres from a transferred cemetery, the building permit, the development permit or the decision taken on the prior declaration shall be the place of authorisation provided for in Article L. 2223-5 of the General Code of Local and Regional Authorities where the decision has been the subject of an agreement by the mayor, if the mayor 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 easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land.
The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal by the competent authority may legally remove the effects of the easement(s) in question.
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