Improvements in Laws Prohibiting Development of Hillside Residential Areas of the City of Taipei
| Autor: | Wkang-Hsiang Wang, 王光祥 |
|---|---|
| Rok vydání: | 2010 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 98 Global climate change and weather extremes have prompted policymakers in Taiwan to reassess a broad range of land-use regulations in order to account for and mitigate natural disasters. Efforts to manage landslide risk became a primary concern in the wake of Typhoon Winnie. On August 18, 1997, the Category 2 Typhoon struck Taiwan with devastating force triggering flash floods and landslides. In “Lincoln County,” a community in Si-Jhih near the City of Taipei, torrential rains caused earth flows to breach the retaining wall of the high-density hillside residential area. 28 residents lost their lives and many more were injured. Some 500 houses sustained damage, and over 1,400 households reported property loss. The “Lincoln County” slope disaster quickly became a major concern of the Taiwanese government, and heavy public pressure lead to the hasty enactment of Amendments to the Hillside Slope Area Development Regulation Act by the City of Taipei on June 7, 1999. While the amendments established standards prohibiting development on hillsides with a slope gradient 30 percent or greater and limiting the possibility of calculating undeveloped land by establishing a Floor Area Ratio or by using Lot Coverage in joint lot sizing, issues related to compensation, property rights and sustainable land-use planning were not addressed. This paper aims to intervene where the amended law falls short. The concepts of sustainable urban development and property rights protection are given rightful consideration. Moreover, the application of the principles of legitimate expectation is extended so as to afford greater protection to individuals affected by the laws regulating the development of hillside areas. An overview of the history of The Residential Zoning Law of Taipei as it pertains to hillside slope areas is provided in order to ascertain current slope area use and to identify related problems. Further, the results of meetings with professionals and city officials are referenced as potential solutions for hillside use. Such historical framework and the outcome of the said meetings serve as the basis of a proposal for improving the fairness and effectiveness of the Hillside Slope Area Zoning Law so as to ensure that property rights protection and sustainable urban development are supported. The following three results were achieved: 1. Changes in the City of Taipei’s Hillside Slope Area Zoning Law and slope area land use have been tracked; 2. A Floor Area Ratio Transfer System by which to compensate land owners for property rights post “Taipei City Amendments on Hillside Slope Area Development Regulation Act of 1999” has been introduced; and 3. Solutions for environmental protection and environmental improvement in relation to slope areas where development is prohibited have been offered. |
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