Watchtower Bible Tract Society of New York, Inc. et al v. Miranda-Rodriguez et al, No. 3:2004cv01452 - Document 1721 (D.P.R. 2016)

Court Description: OPINION AND ORDER: Granting 1630 Plaintiffs' Motion for Summary Judgment; Denying 1635 Ponce's Cross-Motion for Summary Judgment. Signed by Judge Gustavo A. Gelpi on 7/6/2016. (Attachments: # 1 Appendix Index, # 2 Appendix 1, # 3 Appendix 2, # 4 Appendix 3, # 5 Appendix 4) (MET)

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Watchtower Bible Tract Society of New York, Inc. et al v. Miranda-Rodriguez et al Doc. 1721 Att. 2 Joint Regulations for Permits for Construction Work and Land Use November 29, 2010 CHAPTER 3 JOINT REGULATIONS FOR PERMITS RULE 3.1 TITLE The title of these Regulations is the Joint Regulations for Permits for Construction Work and Land Use, or Joint Regulations, and shall be cited as such. RULE 3.2 PURPOSE AND GENERAL OBJECTIVES The purpose of these Regulations is to itemize the integrated permit system related to the development and use of lands, in accordance to the public policy outlined in Law No. 161, supra, by providing clear, objective and uniform standards for the expeditious and efficient management of procedures. It consolidates in a single place all of the applicable rules, following a logical order and avoiding unnecessary duplications. RULE 3.3 AUTHORITY These Regulations are adopted and in harmony with the provisions of Law No. 161, supra. […] CHAPTER 4 DEFINITIONS […] 7. Access- Public thoroughfare towards which the front of a lot or property is facing, which acts as the entrance or exit to the lot or property or body of water, for pedestrians, vehicles or both. 8. Existing Access- Any public thoroughfare, for pedestrians or vehicles, providing direct communication to any lot or body of water. […] 36. Appropriation- The prohibition that a property be given any productive use, due exclusively to the fact that a public transportation thoroughfare has been designed to go through it in accordance to a transportation plan or road plan adopted by the Planning Board. This CERTIFIED TRANSLATION Heidi Cazes USCCI ATA Certified Translator Page 1 of 3 Dockets.Justia.com Joint Regulations for Permits for Construction Work and Land Use November 29, 2010 could be because those lands have been set aside for public use in a Land Use Plan, Territorial Planning or classification map, or because the Planning Board has approved the development of a public project on said lands or property. […] 16. Vehicle- Any artifact by means of which any person or property is or may be transported or taken along a public thoroughfare. […] 32. Public Thoroughfare- Any path, track, alley, passage, road, street, highway, viaduct, bridge, avenue, boulevard, freeway, and any other access or part of the same that is operated, conserved or maintained for public use by the state or municipal government. […] VOLUME IV USES, SUITABILIBTY FOR BUILDING AND CONSTRUCTION CHAPTER 17 RESIDENTIAL URBAN DEVELOPMENTSS RULE 17.1 GENERAL PROVISIONS The purpose of this chapter is to establish guidelines and the tightest coordination between the developer and the entities responsible for the necessary infrastructure for the proposed use, starting from the earliest stages that shall rule the authorization for lot division (segregations) and urban development, in order to assure that the project internalizes the costs for providing the infrastructure inherent to its functioning without affecting the quality or quantity of service available to the community or sector. […] Section 17.3.2 Accesses a. Any new lot that shall be created shall have access through a public street that has been duly registered. CERTIFIED TRANSLATION Heidi Cazes USCCI ATA Certified Translator Page 2 of 3 Joint Regulations for Permits for Construction Work and Land Use November 29, 2010 […] CHAPTER 41 ACCESS CONTROL THOROUGHFARES RULE 41.1 TO PUERTO RICO PUBLIC GENERAL PROVISIONS a. The projects for access to public thoroughfares shall adopt the current technical specifications required by the Highways and Transportation Authority (known by its Spanish acronym, ACT) and the Department of Transportation and Public Works (known by its Spanish acronym, DTOP). The technical specifications include all the elements, requirements and details contained in the current versions of the codes and regulations enacted by ACT and the Department of Transportation and Public Works and adopted by OGPe (Permits Management Office), in addition to any standard, circular letter or interpretation covered by these, and previously approved by OGPe. b. In the event of any conflict between the Codes and Regulations, the provision that shall always govern will be the one that best guarantees safety, security, life, health and property. CERTIFICATION BY TRANSLATOR I, HEIDI CAZES, an English-Spanish translator and interpreter, duly certified as a Federal Court Interpreter by the Administrative Office of the United States Courts and by the American Translators Association (ATA), do hereby certify that I have translated the foregoing document and it is, to the best of my knowledge and abilities, a true and accurate rendition of its corresponding Spanish original. __________________________ Heidi Cazes USCCI/ATA CERTIFIED TRANSLATION Heidi Cazes USCCI ATA Certified Translator June 22, 2016 Date Page 3 of 3

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