Development Plan

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Definition
The land use plan (LUP) is the regulatory urban planning document that defines
the right to use the land within the territories to which it applies;

The development plan is the instrument that transforms the guidelines of the scheme.
urban development director (SDAU), when this exists, in prescriptions
legally binding on the Administration and third parties.

Scope
The development plan can be established for:
All or part:

-Urban communities.

Delimited centers.

-Peripheral areas of urban municipalities and defined centers.

- Urban planning groups: regarding this point, a development plan does not
can be established for part of an urban planning group only if the latter
The group has an Urban Development Master Plan.

The areas with specific purposes: all or part of the territory of one or several
rural communes, having a specific vocation (touristic, industrial or mining)
and where the predictable urban development justifies a controlled planning by
the administration and the areas defined by it.

Subject of the PA

The development plan focuses on the definition of all or part of the following elements
(art.19 of law n°12-90) :

-The allocation of different zones according to the main use that is to be made of them or the
nature of dominant activities that can be carried out there such as habitat areas,
industrial zone
and forest zone.

The areas where all construction is prohibited.

The limits of the roadway (roads, squares, parking lots) to be maintained, modified, or created.

The limits of public green spaces (woodlands, parks, gardens), playgrounds

and various free spaces such as spaces intended for cultural events
and folkloric, to preserve, to modify or to create.

The limits of the spaces intended for sports activities to be created in accordance with
provisions of article 61 of law n° 06-87 relating to physical education and
sports promulgated by the Dahir No. 1-88-172 of 13 Chaoual 1409 (May 19, 1989) and the
limits of the same spaces to be maintained or modified.

The locations reserved for public equipment such as facilities

railways and their dependencies, sanitary, cultural and equipment
of education as well as administrative buildings, mosques, and cemeteries.

The reserved spaces for collective equipment and installations of interest

general whose implementation is the responsibility of the private sector such as shopping centers,
recreational centers.

The neighborhoods, monuments, historical or archaeological sites, sites and areas

natural areas such as public or private green zones to protect or enhance
for reasons of aesthetic, historical, cultural, and possibly the rules
which are applicable to them.

The land use regulations and the rules applicable to construction,

notably, the minimum or maximum heights of the building and of each of the parts, the
closure mode, the conditions for the establishment and orientation of buildings, the
covered or not covered parking, the distances between buildings, the ratio between the
buildable area and the total area of the land, architectural easements.

The servitudes established in the interest of hygiene, circulation, and aesthetics,

of public safety and sanitation and possibly the servitudes resulting from
specific legislations.
The areas to be opened for urbanization according to a determined periodicity.

The boundaries of the sectors to be restructured and the sectors to be renovated.

Content of the PA
The development plan consists of:

From one or more graphic documents established at a scale of 1/2000 or 1/5000, on

which includes a legend that explains the graphic representation of the areas,
equipment and applicable standards.

Of a regulation that translates the technical provisions of the previous document under the
form of applicable legal provisions.

Practical utility
The development plan serves as the basis for the municipality and the urban agency.
essential legal, technical and urban planning on which they are based to
to process requests for subdivision, construction or partitioning permits.

Procedure for preparation, instruction and

of approval of the PA

Phases of developing the Land Use Plan

Development phase
The development plan is established directly by the urban agency or under its
control by the design offices.

The study of the development plan project is carried out by the urban agency in
coordination with the Regional Inspection of Housing, Urban Planning and
The Development of Space and in connection with elected officials, administrative authorities,
the local services of the various ministerial departments and possibly everything
another interested organization.

The study of the PA must specify:

The deadlines and the work to be done.

The reports to be submitted at the end of the different phases.

The review sessions of the reports with the urban agency and its partners
Prefectural or provincial division of urban planning and the municipality or municipalities
concerned) with the design office.

Meetings for consultation with them, the administrations and the communities
affected areas.

The development phases lead to the creation of documents and reports.

necessary following:

Establishment report.

Report analysis and diagnosis.

Development of layout variants at 1/5000 scale.

Development of the PA at 1/2000 scale.

Note: Once the PA project is finalized, it is submitted for consultation and to

consultation.

Consultation phase

Process of the project study of the PA by CL during the consultation phase

Local Commission

The local commission is established by the provisions of Article 5 of the decree.

application of law 12-90, which defines the composition of this body and its role, to
level of consultation on the development plan project.

This commission, responsible for examining the PA project, is governed by a regulation.

interior.

The CL consists of the following members:

The wali or the governor of the concerned prefecture or province, president.

Members of the interested Prefectural or Provincial Technical Committee.

The presidents of the concerned municipal and district councils.

The presidents of the professional chambers.

The representative of the Urban Planning Department.

The Director of the domains or his representative.

The Director of the relevant urban agency.

The representative of the National Defense Administration.

The commission may call upon any other administration or person whose opinion
he seems useful.

The secretariat of the CL is ensured by the urban agency.

Instruction by the project management control of the PA

The project plan for development is examined within the framework of the CL whose work
are held under the presidency of the Wali or the governor at the prefecture headquarters or
from the concerned province.

The urban agency sends the necessary copies of the PA file to the Governor.
to send them to each member of the CL setting the meeting date of
this shall take place no later than 15 days after the date of referral.

Members are invited to examine and present their observations and proposals.
at the latest during the said meeting.

The proceedings of this meeting are accompanied by a report recording the requests of
modifications retained, signed by all present members.

The Director of the urban agency signs the original overlay of the plan once it is put in place.
point by the design office.

If it is the urban agency that carries out the development by its own means,
project of the development plan, the original layer is signed by the Regional Inspector
of urban planning, housing, and spatial development.

The project is then sent by registered mail with acknowledgment of receipt to (the)
president(s) of the communal council(s), under the authority of the Governor in order to
let the consultation procedure be initiated.

The submitted project file includes the following documents in triplicate:

Development plan.

Planning regulations.

Justificatory report.

Operations planning.

The Governor sends a copy of the letter by which he refers to the urban agency.
aforementioned advice, along with the acknowledgment of receipt.
Consultation phase
The consultation phase includes:

The deliberation of the municipal council and, possibly, that of the councils
of the district.

The public inquiry that is to take place concurrently with the deliberation of
municipal or district council.

The municipal council is required to express its opinion on the proposed plan submitted to it.
and to submit its proposals before the expiration of the strict 2-month deadline that runs
from the date on which the council was seized.

Public inquiry:
The municipality proceeds to publish and display the notice of deposit informing the
public that the plan and its regulations as well as a register of observations are made available to them
disposition at the town hall for a duration of one month (and three days for
avoid any subsequent disputes). This investigation takes place during the phase where the project
the plan is submitted to the deliberation of the concerned municipal council(s).

The public notice must be published at eight-day intervals in two daily newspapers.
authorized to receive legal announcements. It is also displayed at the headquarters of the
commune.

The means of publication and advertising are ensured by the chairman of the board.
communal before the date of the start of the public inquiry.

The president of the concerned municipal council may resort to any other means.
appropriate advertising.

Anyone interested may, during the investigation period, send their observations by mail.
recommended with acknowledgment of receipt to the president of the competent municipal council.

Municipal deliberation:
The municipal deliberation takes place in a regular session or, possibly, in
extraordinary session.

The observations made during the investigation are examined by the municipal council.
during the examination by him of the development plan project.

At the end of the two-month period granted by law for examination by the municipal council
the project of the development plan and public information, a file including
The following documents in seven copies are transmitted to the Governor:

the excerpt from the minutes of the municipal deliberations.

the notice of deposit.

the observation register.

the certificate of opening and closing of the investigation.

the final investigation report in case any observations were recorded.

the excerpts from the advertisements published in the newspapers.

an annotated plan game.

In the event that no proposal has been made within the prescribed time, the said councils
are supposed to have no proposals to make.

If proposals are made by the municipal council, the Governor must

also attach its conclusions. The entire file is sent to the agency
urban.

Approval of the PA
The plan and the regulation are approved by decree taken on the proposal of the minister.
in charge of urban planning and, possibly, after the approval of the minister of the
culture, when the development plan concerns a site of classified easements
are modified.