II.That in the exercise of its Powers of Imperium and above all its Municipal Autonomy, the Municipality of Carrillo can and, above all, must, by virtue of the delegated mandate, guarantee the delivery of areas destined for public use with which the collective interests demanded by urban growth can be satisfied.
III.Whereas the Municipality of Carrillo is obligated to control urban growth by granting approvals for the subdivision (fraccionamiento) of properties located in its territory, for which it must consider establishing a regulation that defines, for the purposes of issuing such approvals, the concept and scope of what constitutes a "simple subdivision (fraccionamiento simple)" and a "previously urbanized zone (zona previamente urbanizada)", all with the aim of establishing with certainty and transparency the parameters for requiring the free transfer of the percentage of land destined for public use, allowing for planned and controlled urban growth in the canton of Carrillo.
IV.Being clear that the aforementioned concepts are technical urban planning terms that the legislator uses without giving them any content, consequently becoming what we call "indeterminate legal concepts (conceptos jurídicos indeterminados)"; it is necessary to specify some concepts, to establish the cases in which it is appropriate to require the free transfer for public use of the percentage of land corresponding to the segregations.
V.That based on the provisions of Article 13 subsection a) of the Municipal Code, it is the competence of the Municipal Council of Carrillo to establish a regulation and the development priorities of the municipality in accordance with the Government Plan of the Municipal Mayor's Office.
VI.That the object of regulation of this present regulation finds its basis in Article 40 of the Urban Planning Act No. 4240, in the legitimate exercise of the regulatory authority held by Municipalities (Article 4 subsection a) of the Municipal Code), through which each Local Government can regulate internally, in order to define in a more detailed manner and thereby reduce the greater discretion recognized by law, considering the conditions and rules under which the free transfer of the percentage of land destined for public use resulting from subdivisions (fraccionamientos) in favor of the Municipality of Carrillo can be granted, according to the existing higher-order regulatory provisions. Therefore,
The Municipal Council of the canton of Carrillo issues the following "REGULATION FOR THE FREE TRANSFER OF THE PERCENTAGE OF LAND DESTINED FOR PUBLIC USE IN FAVOR OF THE MUNICIPALITY RESULTING FROM SUBDIVISIONS IN CARRILLO"