Municipal Law 7,167, of March 28, 2014.

THE MUNICIPAL COUNCIL OF PETRÓPOLIS has decreed and I sanction the following Law:

Chapter I Preliminary Provisions

Art. 1º

The Petrópolis Master Plan is the basic instrument of the sustainable development policy of the Municipality, whose main purpose is to establish guidelines to direct the permanent participatory planning process, conditioning urban expansion on the guarantee of well-being and improvement of the quality of life of the inhabitants and on the full ordering of the various social functions of the city through objective criteria of social justice and preservation of the natural and built environment. Its provisions shall always be interpreted observing the original peculiarities of the Koeler Plan and its rules, especially regarding the geographic division of the city, the social function of property and respect for ecology, observing the marks of the identity of the Municipality and the needs of its urban update.

Sole paragraph. This Supplementary Law institutes the Master Plan of the Municipality of Petrópolis, in accordance with arts. 30, 182 and 183 of the Federal Constitution and the provisions of the State Constitution, the Organic Law of the Municipality and Federal Law 10,257/2001, and provides for principles, guidelines and proposals for planning, development and management in the territory of the Municipality. The Master Plan shall be evaluated every five years and revised every ten years.

Art. 2º

For all purposes, this Supplementary Law, called the Master Plan, establishes rules of public order and social interest that regulate the use of urban property for the collective good, for the safety and well-being of citizens, as well as for environmental preservation and sustainable urban enjoyment, of all, regardless of social class.

Sole paragraph. The policies, objectives and guidelines established in this Law are based on the document "Diagnostic for the Master Plan of Petrópolis".

Art. 3º

The Master Plan of the Municipality of Petrópolis, which shall be observed in the preparation of the Pluriannual Plan, the Budget Guidelines Law and the Annual Budget, is the basic instrument of municipal development policy, in its urban, physical-territorial, social, economic, cultural and administrative aspects, aiming at guiding the action of the Public Power and private initiative, as well as meeting the aspirations of civil society.

Art. 4º

Urban areas and rural areas shall be considered those delimited as such in a specific law to be enacted within a period not exceeding 45 (forty-five) days counted from the entry into force of the amendment promoted by this Law. (Wording given by Municipal Law 7,327, of 7.10.2015)

Sole paragraph. The delimitation of the perimeters of urban and rural areas to be established shall serve as the basis for the IBGE (Brazilian Institute of Geography and Statistics) Census surveys and, for that, shall be formally forwarded to the said body, together with the formal neighborhood division, whose limits shall coincide with the limits of the census zones to be used.

Art. 5º

In addition to the provisions of the Petrópolis Master Plan, municipal planning shall have its implementation and applicability ensured through the following legal instruments:

1. Land Use, Subdivision and Occupation Law, LUPOS;
2. Building and Construction Code;
3. Participatory and Democratic Budget Management;
4. Municipal Economic Development Plan;
5. Urban Mobility Plan;
6. Local Social Interest Housing Plan;
7. Pluriannual Investment Plan (PPA);
8. Budget Guidelines Law (LDO);
9. Annual Budget Law (LOA);
10. Sectoral Plans, Programs and Projects.

Art. 6º

For the planning of the implementation of the Master Plan, its monitoring and evaluation and transparency of management, the municipality shall create, within a period of 60 (sixty) days from the entry into force of the amendment promoted by this Law, a Georeferenced Data Bank, which shall accumulate and make available the data, information, iconography and maps available and that may be created, on the aspects addressed in this Master Plan and other existing sectoral documents or those that may be prepared, at the municipal level, consisting of the entire collection of municipal data. (Wording given by Municipal Law 7,327, of 7.10.2015)

Chapter II Strategic Objectives

Art. 7º

Considering the more general objectives of municipal planning, established in the City Statute, the following are defined as Strategic Objectives of the Master Plan of the Municipality of Petrópolis:

1. To establish, in a participatory and priority manner, a plan of feasible goals, with a view to the implementation of a sustainable urban and rural development policy, incorporating, integrating and harmonizing the social, environmental, economic, political and cultural dimensions, through a public agenda based on 12 thematic axes: (I) governance, (II) common natural goods, (III) equity, social justice and culture of peace, (IV) local management for sustainability, (V) urban planning and design, (VI) culture for sustainability, (VII) education for sustainability and quality of life, (VIII) dynamic, creative and sustainable local economy, (IX) responsible consumption and lifestyle options, (X) better mobility, less traffic, (XI) local action for health and (XII) from local to global;
2. To fully assume the responsibilities to protect, preserve and ensure balanced access to common natural goods, as well as the built landscape, which integrate the image and character of the city and are responsible for its attractiveness and value;
3. To ensure physical-urban and social security of its population, as well as the protection of artistic and cultural heritage, whether through an adequate public security policy or in situations of risk of landslides and periodic floods;
4. To promote an equitable distribution of infrastructure, equipment and public services, so as to ensure the right to the city to the entire Petrópolis population, regardless of social class;
5. To stimulate the development of neighborhoods and districts, according to their spontaneous or potential vocations, so as to avoid the need for displacement of populations to the historical center;
6. To promote sustainable residential density in locations equipped with complete and underused infrastructure, in the vicinity of subcenters to be strengthened, especially in the Districts, always mandatorily holding debates and public hearings with the residents of the region;
7. To develop cultural policies that respect and value cultural diversity, pluralism and the defense of natural, built and intangible heritage, while promoting the preservation of memory and the transmission of natural, cultural and artistic heritage;
8. To recover, conserve and create public spaces of sports, leisure and conviviality, properly distributed across the municipal territory, according to the location of demand and the intentions of territorial organization;
9. To promote land regularization and urbanization of areas occupied by low-income population through the establishment of sustainable rules of urbanization, land use and occupation, and building, considering the socioeconomic situation of the population and environmental rules, having heard the Master Plan Review Council and its Supplementary Laws Council and the Environment Council, provided they are not in risk areas or APP (Permanent Preservation Areas);
10. To strengthen and expand the Petrópolis economic base and to make its latent potential viable, in light of internal and external opportunities to the municipality, in the Região Serrana, in the Médio Vale do Paraíba, along BR 040 and in the Baixada Fluminense, especially resulting from the logistical infrastructure and industrial arrangements along the Rio de Janeiro Metropolitan Arc;
11. To consolidate Petrópolis as a regional hub of research, historical traditions and knowledge distributor, both in the technological and university aspects and in the aspect of organic and ecological-forest agricultural production, as well as the potential of the Caminho do Ouro Fluminense, of the constant partnership with Petrópolis-Tecnópolis and other industrial and commercial companies representative of the Municipality;
12. To ensure governance through population participation, in the various councils instituted and in the representative associations of the various segments of the community in the formulation, preparation, execution and monitoring of plans, programs and development projects and their budget insertion and execution;
13. To coordinate cooperation between the Federal, State, Municipal governments, private initiative and the other sectors of society in the urbanization process, in attention to social interest;
14. To disseminate information to improve the general level of knowledge of the population about essential factors for a healthy life, many of which lie outside the restricted sector of health.

Chapter III Sectoral Guidelines

Section I · General Provisions

Art. 8º

The sectoral guidelines contained in this Law are configured as directives for the deployments of the Master Plan and its implementation, as the responsibility of the Municipal Executive, observing the Strategic Objectives established, the Instruments contained in this Law, the instruments listed in article 5º and its annexes.

Section IV · Environmental Policy (excerpts)

Art. 17

The principle of environmental preservation shall transversally guide all local and intergovernmental sectoral policies, while disseminating in the Municipality a culture of sustainable production and consumption.

Art. 18

The following are basic guidelines and objectives for actions of the Environmental and Landscape Policy of Petrópolis:

1. To promote development and democratization of a healthy environment in urbanized spaces, rural production and natural areas, in view of ongoing climate change;
2. To seek the reduction of socio-environmental risks, prioritizing the preservation of the lives of the population, as described in the pertinent legislation, through: identification of areas at risk of landslides and occasional and systematic floods, planning of preventive mitigating measures, environmental education for disaster risk reduction, installation of meteorological radar and alarm systems, contingency plans, relocation of populations from risk areas and prevention of new irregular occupations;
3. To promote the preservation, conservation, recovery and sustainable use of ecosystems and natural resources, as well as the preservation of the landscape and notable views of the municipality;
4. To foster the articulation and adjustments between the Management Plan of the APA Petrópolis and the Land Use, Subdivision and Occupation Law (LUPOS), reconciling consolidated urban spaces and the more general intentions of environmental preservation, as well as ensuring compatibility of land use in urban areas, offering an adequate balance between jobs, transportation, housing and sociocultural and sports equipment, giving priority to residential density in the district subcenters;
5. To promote incentives for the creation of Private Natural Heritage Reserves (RPPN);
6. To create extra-fiscal incentives for the private use of alternative energy sources, with less pollution potential, in housing and commercial developments, in transportation or in industrial activities.

Section V · Mitigation of Natural Risks

Art. 19

The Municipal Plan for Mitigation of Risks on Slopes and Riverbanks shall observe the objectives and guidelines contained in the pertinent legislation, especially Law 9,433, of January 8, 1997, which institutes the National Water Resources Policy, and Law 12,608, of April 10, 2012, which institutes the National Policy of Civil Protection and Defense and makes other provisions. (Wording given by Municipal Law 7,327, of 7.10.2015)

Sole paragraph. The Municipal Plan for Mitigation of Risks on Slopes and Riverbanks, observing the appropriate methodologies, shall consolidate the documents prepared by INEA (Rio de Janeiro State Environmental Institute), relating to riverbanks, and those of the Municipal Civil Defense in collaboration with the Housing Secretariat.

Art. 20

The scope of such document shall follow this script:

1. Identify evidence of risk on slopes and riverbanks, analyzing the geological-geotechnical and occupational conditioning factors that determine them;
2. Assess the probability of occurrence of processes associated with slope slides and floods, as well as related processes that may affect the safety of dwellings, road infrastructure and public equipment;
3. Delimit the sectors of slopes and riverbanks that may be affected by each of the potential destructive processes identified, and define the containment or hydrological works appropriate for the elimination or mitigation of resulting risks, as well as the actions of vegetation cover restoration recommended in each case;
4. Survey the number of dwellings in each risk sector and assess the cost-benefit of carrying out the works mentioned in the previous item in relation to housing relocation processes;
5. Support and train the Community Civil Defense Nuclei (NUDEC) for recognition and observation of risk situations in the community, for action in community Disaster Risk Reduction campaigns.

Art. 21

The Plan shall further include contingency measures, in the event of accidents; the location of the elements of the alarm systems necessary; the training processes of rescuers and of populations that live near risk areas; the definition of provisional shelter locations of displaced and/or homeless populations; the locations appropriate for the construction of new dwellings for cases of housing relocation.

Art. 22

The Plan shall be developed using the cartography available at the City Hall, prepared in 1999, that is, scale 1:10,000 for the entire Municipality and scale 1:2,000 for the First District.

Art. 23

The data and information accumulated in the process of preparing the Plan, as well as the maps and photographs, shall be incorporated into the Georeferenced Data Bank, to be created by specific legislation.

Section VI · Territorial Organization and Land Use

Art. 24

The basic principles and guidelines for actions and policies of urban land use, occupation and subdivision shall be detailed and consolidated in the Land Use, Subdivision and Occupation Law (LUPOS) and other supplementary rules to this Master Plan.

Art. 25

The territorial organization policy has the general objective of guiding, ordering and disciplining the growth of urbanized areas of the municipality, through regulation instruments that define the spatial distribution of activities, densification and configuration of the urban landscape regarding building and land subdivision, according to the following guidelines:

1. To consolidate a polynuclear configuration of urban growth and density, so as to articulate the aspects of land use, road and transport systems, observing environmental restrictions and the preservation of the built environment, as well as favoring and stimulating municipal social, cultural and economic practices;
2. To stimulate the spatial distribution of population and economic activities over areas equipped with services, infrastructure and equipment, so as to optimize the use of installed capacity, reduce costs and displacements;
3. To hierarchize the road system, so as to provide for the improvement of intra-urban mobility, privileging collective transport, bicycle and pedestrian displacements, organizing the movement of cargo and individual vehicles, to be expressed in detail in the preparation of the Urban Mobility Plan;
4. To stimulate the expansion and/or installation of economic activities in the subcenters to be developed;
5. To requalify the traditional center, stimulating residential use and animation and leisure activities;
6. To strengthen the identity and urban landscape, maintaining occupation scales compatible with its natural, cultural, historical and landscape values;
7. To consolidate and expand areas of preferential or exclusive pedestrian use;
8. To revitalize areas and urban equipment as a means of social and economic promotion of the Petrópolis population;
9. To promote the use of the municipal territory, according to a rationality that considers the respective vocations, the availability of social infrastructure and equipment, natural and landscape resources, through control of the installation and operation of activities that may cause impact on the environment and on the urban environment;
10. To consolidate the integration of urbanized areas with other rural or natural areas of the municipality, through territorial and mobility organization and planning, aiming at the common interest;
11. To promote the integration of uses, with the diversification and mixing of compatible activities, so as to reduce the displacement of the population and balance the distribution of the supply of employment and work in the urban areas of the municipality;
12. To integrate physical-territorial and environmental policy with socioeconomic policy;
13. To establish specific rules of management, use and occupation of soil for the protection of natural resources in forested areas, of springs and river basins;
14. To induce urban and rural occupation, harmonized with the social function of property through the ordering of land use and occupation;
15. To spatially distribute public equipment and services, so as to meet the interests and needs of the current and projected population, or as a way of directing occupation and/or density;
16. To promote the diversification of architectural standards, according to the characteristics of the various localities and their role in structuring urbanized areas;
17. To implement an effective inspection system and define the conditions and parameters to regularize consolidated settlements, incorporating them into the urban structure, respecting public interest and the environment, restraining the emergence of new irregular settlements;
18. To use the Georeferenced Data Bank, so as to support the establishment of public policies and improve the inspection and control system over planning, subdivision, land use and buildings.

[The articles of Sections VII to XIX of Chapter III, relating to urban mobility, water supply, sewage, solid waste, housing, social assistance, health, education, culture and tourism, sports and leisure, security, rural supply and rights of the elderly, were omitted from this transcription for reading economy. For the full text, see the official source.]

Chapter IV Urban Instruments

Art. 45

For the purposes of implementing the provisions of this Master Plan, the instruments presented in the sections of this chapter shall be used, whose applicability and location shall be regulated in specific Laws.

Section I · PEUC (Mandatory Subdivision, Building or Use)

Art. 46

The municipality may require that the owner of unbuilt, underused, unused urban land or land used in contradiction to and/or to the detriment of economic activities, housing activities and other postures considered priority by the pertinent legislation, promote its adequate use, under penalty of application of the mechanisms provided in this Law and in other pertinent legislation, of: (Wording given by Municipal Law 7,327, of 7.10.2015)

1. PEUC (Mandatory Subdivision, Building or Use);
2. Progressive Property Tax over Time;
3. Expropriation with payment in public debt bonds.

§ 1º The application of the mechanisms shall take place in the areas marked on a map to be prepared and incorporated into this Law, within a maximum period of 180 (one hundred and eighty) days counted from the entry into force of the law that will establish the new configuration of Urban and Rural Areas, in which the predominance of favorable conditions of infrastructure, topography and environmental quality for density shall be recognized.

§ 2º A lot or raw land parcel is considered unbuilt where the Floor Area Ratio is equal to zero.

§ 3º A lot or raw land parcel is considered underused if built, with constructions paralyzed or in ruins, located in any area.

§ 4º For the purposes of this Law, Floor Area Ratio is the relationship between buildable area and land area, to be established in the Building and Construction Code to be prepared for the implementation of this Master Plan.

Art. 47

The Executive Power shall notify the owners of unbuilt, underused or unused properties, summoning them to give adequate use to the respective properties, according to the conditions and deadlines for implementation of the referred obligation, established in specific legislation.

Section II · OODC (Charge for Additional Building Rights) and Charge for Land Use Change

Art. 48

The Executive Power may exercise the faculty of charging onerously for the exercise of the right to build through financial counterpart to be provided by the beneficiary, under specific law to be established and enacted within a period not exceeding 180 (one hundred and eighty) days counted from the entry into force of the law that will establish the new configuration of Urban and Rural Areas. (Wording given by Municipal Law 7,327, of 7.10.2015)

Sole paragraph. The OODC (Charge for Additional Building Rights) and Charge for Land Use Change shall be granted if the possibility of compliance with installed infrastructure is verified and the safety of not compromising the listed or protected urban landscape.

Art. 49

OODC is understood as the faculty granted to the owner of property, so that they, by means of financial counterpart to the municipal Public Power, may build above the basic Floor Area Ratio established in LUPOS, up to the limit established by the maximum permitted Floor Area Ratio, as established for the zones delimited in the map cited in § 1º of article 46.

Art. 50

When the OODC is used, the issuance of the building permit shall be subject to the total payment of this charge, which shall occur within a maximum period of up to 6 (six) months after approval of the construction project.

Art. 51

The resources obtained from the adoption of the OODC and the Charge for Land Use Change shall be allocated to the Municipal Urban Development Fund, to be created by specific law, and shall be applied to infrastructure, public equipment, sanitation, environmental recovery and the creation of Social Interest Housing.

Art. 52

The criteria for establishing the value of the square meter of construction corresponding to the charge shall be defined in specific municipal law, based on the venal value of the land for the purposes of assessment of the Tax on Urban Building and Land Property.

Art. 53

In the said specific law, in addition to the aspects described in this section, the conditions to be observed for the OODC and the Charge for Land Use Change shall be set forth, determining:

1. The calculation formula for charging the beneficiary's counterpart;
2. The cases subject to exemption from payment of the charge, through other forms of counterpart;
3. The administrative procedures and service fees necessary.

Section III · TDR (Transferable Development Rights)

Art. 54

The Executive Power, if it is convenient to the policies of urban development and territorial organization, may authorize the owner of urban property, private or public, to exercise elsewhere, or to alienate to third parties, by public deed, the right to build inherent in the said property, according to LUPOS, when it is a property:

1. Serving programs of land regularization, urbanization of areas occupied by low-income population and Social Interest Housing, or for the purposes of installation of urban and community equipment, whose value of TDR shall be deducted from the value of the respective expropriation or purchase, by negotiation;
2. Whose use is restricted by environmental preservation laws, or by protective listing of any nature.

Art. 55

The properties considered receivers of the TDR shall be located in the areas defined in LUPOS, to be revised within a period not exceeding 180 (one hundred and eighty) days counted from the entry into force of the law that will establish the Areas of Applicability of the Urban Instruments of the Petrópolis Master Plan. (Wording given by Municipal Law 7,327, of 7.10.2015)

Art. 56

The criteria for establishing the value of the square meter of construction corresponding to TDR shall be defined in specific law, based on the venal value of the land for the purposes of assessment of the Tax on Urban Building and Land Property.

Art. 57

The owner of property, classified under item II of article 54, who uses TDR, shall assume the obligation to keep the property preserved and conserved, through a project and schedule approved by the competent body of the municipal Public Power, prior to the effectuation of the transfer.

Art. 58

The changes in building potential, resulting from the total or partial transfer of building potential, shall be recorded in the real estate registry.

Section IV · Right of First Refusal (Preemption)

Art. 59

The municipality, through the Right of First Refusal (Preemption), shall have preference to acquire urban property subject to onerous alienation between private parties, provided the property is included in an area to be delimited in the illustrative map of LUPOS and provided the Public Power needs it for:

1. Land regularization;
2. Execution of housing programs and projects of social interest;
3. Constitution of land reserve;
4. Ordering and direction of urban occupation;
5. Installation of urban and community equipment;
6. Creation of public leisure spaces and green areas;
7. Creation of conservation units or protection of other areas of environmental interest;
8. Protection of areas of historical, cultural or landscape interest.

Sole paragraph. The Right of First Refusal is ensured for the municipality during a term not exceeding 2 (two) years, renewable from one year after the elapse of the initial term of validity, regardless of the number of intentions of alienation referring to the property.

Art. 60

During the term of validity of the Right of First Refusal, the competent body of the municipal administration, to be defined depending on the purpose for which the property is subject to preemption, shall be consulted in case of intentions of alienation, requests for land subdivision, issuance of building permits and activity operation permits.

Section V · Progressive Property Tax over Time

Art. 61

In case of noncompliance with the provisions of the articles of Section I of this chapter, the municipality shall proceed with the application of the Tax on Urban Building and Land Property (IPTU) progressively over time, by increasing the rate for a period of 5 (five) consecutive years, until the owner complies with the obligation to subdivide, build or use the property, as applicable.

§ 1º The application of Progressive Property Tax over Time may occur provided the existence of basic infrastructure supporting the projection of buildings is verified, as established in LUPOS.

§ 2º The rate to be applied each year shall not exceed 2 (two) times the value referring to the previous year, respecting the maximum rate of 15% (fifteen percent), as established in the applicable federal legislation.

§ 3º Regardless of the application of the progressive rates and their value limitations, as stipulated in the previous paragraph, the municipality may make changes to the Value Map of the Tax Cadastre, so as to make more effective the will expressed in Section I of this chapter.

§ 4º The granting of exemptions or amnesty relating to the Progressive Property Tax over Time is prohibited.

Art. 62

After 5 (five) years of collection of progressive IPTU without the owner having fulfilled the obligation of subdivision, building or use, the municipality may maintain the charge at the maximum rate, until the said obligation is fulfilled, or proceed with expropriation of the property, with payment in public debt bonds.

Section VI · Prior EIV (Neighborhood Impact Study)

Art. 63

The installation of works or activity potentially generating major modifications in urban space and environment shall depend on approval by the competent municipal bodies, through analysis of a Prior EIV (Neighborhood Impact Study), to be executed by the developer.

§ 1º The EIV shall contain all possible implications of the project for infrastructure, urban mobility and the environment surrounding the development.

§ 2º Holding the EIV, the Public Power may deny authorization for the carrying out of the development or, reserving the right to assess it beyond the project "stricto sensu".

§ 3º Before granting the permit for large-scale activities, the interested party shall publish in the largest local circulating newspaper a summary of the intended project, indicating the main activity and its location, which shall also be posted on the notice board by the Municipal City Hall.

Art. 64

Works or activities potentially generating urban impact shall be defined in specific Law, with environmental repercussions and on regulations on land use and subdivision.

Art. 65

The EIV shall consider, among others, areas or developments with the following characteristics:

1. Land subdivisions in areas bordering watercourses;
2. Industries of high water consumption or that produce effluents or waste that require special management and/or treatment;
3. Cemeteries and crematoriums;
4. Mineral exploration;
5. Urban landscape and natural and cultural heritage.

Art. 66

The Executive Power, to eliminate or mitigate negative impacts to be potentially generated by the development, shall request, as a condition for project approval, changes and supplements to it, as well as compensatory measures through improvements in urban infrastructure and community equipment, such as:

1. Expansion of urban infrastructure networks;
2. Land area or built area for the installation of community equipment in a percentage compatible with the needs resulting from the implementation of the development;
3. Expansion and adaptation of the road system, sidewalks, bus stop bays and parking lots;
4. Acoustic protection, use of filters and other procedures that minimize disturbances during the period of installation and operation of the activity.

Art. 67

Publicity shall be given to the documents that compose the EIV, in local circulating newspapers, specifying the locations where they will be available for consultation by any interested party.

Art. 68

The public body(ies) responsible for examining the EIV shall hold a public hearing, before deciding on the project, whenever suggested by the residents of the affected area or their associations, as required by law.

Section VII · OUCs (Consorted Urban Operations)

Art. 69

The OUC (Consorted Urban Operation) is the set of interventions and measures coordinated by the municipality, with the participation of owners, residents, permanent users and/or private investors, with the objective of achieving in an area structural urban transformations, social improvements and environmental appreciation, notably expanding public spaces, organizing the collective transport system, implementing programs for the improvement of infrastructure, road system and housing, whenever possible, mixing social classes.

§ 1º Each OUC shall be created by specific law.

§ 2º In each specific law, the municipal body responsible for the coordination, monitoring and follow-up of the entire OUC project shall be indicated, without prejudice to the participation of civil society entities, as provided in Municipal Law 5,823, of November 9, 2001.

§ 3º The OUC may be proposed by the Executive Power or by any citizen or entity that has an interest in it.

§ 4º In the case of an OUC initiated by the municipality, the Public Power may, by call in a public notice, define the proposal that best meets the public interest.

§ 5º In the case of an OUC proposed by a company or by the community, the public interest of the operation shall be assessed by the competent body.

Art. 70

The following may be provided in OUCs, within the area defined for that purpose, among other measures:

1. The modification of indices and characteristics of land subdivision, use and occupation, as well as changes to building rules, considering the environmental impact arising from them or the neighborhood impact;
2. The expansion of public spaces and installation of urban and community equipment;
3. The guarantee of protection of forested areas and private reserves, through the installation of infrastructure necessary to prevent depredation and promote the safety of passers-by;
4. The supply of housing, including Social Interest Housing.

Art. 71

OUCs have the following purposes:

1. Installation of public spaces and equipment;
2. Optimization of areas involved in major urban interventions and recycling of areas considered underused;
3. Implementation of housing developments, including Social Interest Housing.

[Arts. 72 to 76 detail additional rules on OUCs, including the definition of the area of coverage, operation plan, counterparts and management. Omitted for reading economy. Consult the official source.]

Section VIII · ZEIS (Special Zones of Social Interest)

Art. 77

ZEIS (Special Zones of Social Interest) are portions of the territory destined primarily for urban and land regularization, housing relocations, as well as for the production of Social Interest Housing, allowing the use of differentiated standards from the legislation in force, provided they are approved in specific laws.

Art. 78

When the land subdivision is intended for housing programs with social characteristics and under the responsibility of public entities that address the housing question, specific occupation parameters shall be adopted, defined in the legislation on urban land subdivision of the municipality.

Art. 79

The objectives of ZEIS are:

1. To allow the urban and housing inclusion of segments of the population that are outside the legal land market;
2. To make possible the extension of services and urban infrastructure in the areas served, provided they are not considered "risk areas" or are in "APP (Permanent Preservation Area)";
3. To ensure the quality of life, infrastructure equity and access to social equipment for all urban populations of the municipality.

Section IX · Special Urban Adverse Possession

Art. 80

Whoever possesses as their own an urban area or building of up to 250m² (two hundred and fifty square meters), for 5 (five) years, uninterruptedly in peaceful possession, without opposition, using it for their own or their family's housing, shall acquire title, provided they do not own another urban or rural property, and provided it is not in an area of geological risk.

§ 1º The title, or other document that guarantees the right, shall be granted to the man or the woman, or to both, regardless of marital status.

§ 2º The right addressed in this article shall not be recognized for the same possessor more than once.

§ 3º For the purposes of this article, the legitimate heir continues, by right, the possession of their antecessor, provided they already reside in the property at the time of opening of succession.

Art. 81

Urban areas larger than two hundred and fifty square meters, occupied by low-income population for housing, for 5 (five) years, uninterruptedly and without opposition, where it is not possible to identify the plots occupied by each possessor, are susceptible to collective adverse possession, for those possessors who do not own another urban or rural property.

[Arts. 82 to 86 detail procedural rules of Special Urban Adverse Possession, intervention of the Public Prosecutor's Office, legitimate parties and prohibition of adverse possession in risk areas. Omitted for reading economy. Consult the official source.]

Chapter V Areas of Applicability

Art. 87

In the laws that will regulate the Urban Instruments instituted above, the respective areas of applicability shall be delimited on a map, in a manner compatible with the policies of territorial organization and urban development, duly expressed in LUPOS.

Chapter VI Monitoring, Control and Evaluation

Art. 88

The products resulting from public actions that will follow up the guidelines and proposals of this Master Plan shall be monitored, controlled and evaluated by the directly responsible bodies, before, during and after their implementation, the latter being required to conduct a consolidated evaluation after 5 (five) years of their execution. (Wording given by Municipal Law 7,327, of 7.10.2015)

§ 1º For the intended monitoring, control and evaluation, a specific rule shall be created, within a period of 180 (one hundred and eighty) days counted from the entry into force of the amendment promoted by this Law, which shall establish sets of indicators, quantitative and qualitative, suitable to each type of program or project, so as to allow the measurement of their respective degrees of effectiveness and impact.

§ 2º The results obtained in the consolidated evaluation, as an urban instrument, shall serve as a basis to confirm or correct the directions of urban management.

Chapter VII Planning and Participation Structures

Art. 89

Democratic management, defined by Federal Law 10,257/01, "City Statute", allows the participation of all citizens, representatives of the various social segments in the formulation, execution, decision-making and monitoring of Municipal Development Policy.

Sole paragraph. Civil Society participation in the process of planning, monitoring and review of municipal development policies, plans and projects shall take place as regulated in Municipal Laws 5,823, of November 9, 2001, and Law 6,733, of March 12, 2010.

Art. 90

On the part of the Public Power, the structures of direct and indirect administration, according to the attributions and competences established in the Municipal Organic Law, shall guide their respective programmings, in an integrated manner over the territory, subject to the provisions of this Master Plan and its Supplementary Laws.

Chapter VIII Final Provisions

Art. 91

By recommendation of the Master Plan and Supplementary Laws Review Council (CRPD), the Municipal Executive may, at any time, send to the City Council a draft amendment to this Law, determining the application of differentiated criteria by neighborhood or sector, according to the public interest of stimulating the occupation of certain sections of the city, whether for housing purposes or economic purposes, always observing the principle of public interest.

Art. 92

With the publication of this Law, the provisions to the contrary are repealed.

I therefore order all to whom knowledge of this Law pertains, that they execute it and have it executed, faithfully and fully as it contains.

Office of the Mayor of Petrópolis, on March 28, 2014.

Rubens Bomtempo
Mayor