Verordening Fysieke Leefomgeving (VFL) Bernheze 2021 – Municipal Environmental and Building Regulations
The Verordening Fysieke Leefomgeving (VFL) Bernheze 2021 is a consolidated legal framework established by the Gemeenteraad of Bernheze in the Netherlands. Formally adopted on October 7, 2021, and effective since November 1, 2021, this ordinance serves as an integrated regulatory instrument governing the physical environment. It functions as a transitional code intended to align local municipal rules with the national Omgevingswet (Environment Act), merging ten previously separate regulations into a single statutory document.
The document encompasses a broad regulatory scope, including economic activities, environmental protection, nature conservation, cultural heritage, and public infrastructure. Key domains governed by the VFL include market trade and stalls, soil quality, odor nuisance (geurhinder), waste management, monument protection, tree conservation, and the regulation of underground cables and pipes. It defines critical technical terms such as Houtopstand (woody vegetation), Verblijfsobject (unit of use), and Gemeentelijk monument (municipal monument), providing the legal basis for permit procedures and municipal enforcement within the municipality of Bernheze.
The following sections detail specific regulatory requirements and standards drawn directly from the ordinance's chapters, providing technical guidance for developers, architects, and residents operating within the municipality.
Odor Nuisance and Environmental Standards
Chapter 3 defines the maximum permissible odor load (geurbelasting) for livestock farming near odor-sensitive objects. These values are calculated using the 98th percentile of odor concentration per time unit.
- Existing residential areas: Maximum 3 ou/m³ in the built-up area (bebouwde kom).
- Industrial estates: Maximum 3 ou/m³ within the built-up area.
- Extensive areas around cores: Maximum 6 ou/m³.
- Work-live development areas: Maximum 8 ou/m³.
- Other areas: Maximum 10 ou/m³.
Distances between livestock farms and sensitive objects are strictly regulated under Article 3.1.3, requiring a minimum distance of 50 meters inside the built-up area and 25 meters outside the built-up area when no specific emission factor is established.
Protection of Trees and Woody Vegetation
The ordinance implements a felling ban (kapverbod) for trees listed on the official Bomenlijst (List of valuable and monumental trees) or those situated within designated green structures.
- Permit requirement: A permit is mandatory for felling trees with a diameter of at least 15 cm at a height of 1.30 meters (Article 1.1.1).
- Exemptions: Periodic maintenance such as pollarding (knotten) or thinning (dunnen) for growth promotion is permitted without a specific felling license (Article 5.2.1).
- Compensatory planting: The authority may impose a replanting obligation (herplantplicht) to maintain the monetary tree value (boomwaarde) of the local canopy (Article 5.2.6).
Cultural Heritage and Monument Management
Article 4.1 governs the Gemeentelijk erfgoedregister (municipal heritage register), which tracks all protected cultural sites and archaeological monuments in Bernheze.
- Maintenance obligation: Owners are prohibited from damaging or neglecting municipal monuments (Article 4.2.1).
- Permit for alterations: An omgevingsvergunning is required to demolish, disturb, or alter any part of a protected monument, including interior changes that impact its monumental value.
- Protected views: Specific procedures apply to the designation and modification of protected urban and village views (stads- en dorpsgezichten).
Underground Infrastructure and Public Ground
The regulation of cables and pipes in public land is detailed in Chapter 6. Any entity intending to lay, maintain, or remove cables must obtain an instemmingsbesluit (consent decision) or a permit.
- Notification period: Applications for work must be submitted at least eight weeks prior to the intended start date (Article 6.1.3).
- Degeneration costs: Network operators are liable for costs related to the reduction in quality or lifespan of public surfacing caused by excavation (degeneratiekosten).
- Coordination: The municipality coordinates underground spatial planning to prevent interference with existing networks (Article 6.1.7).
Parking and Public Space Use
Chapter 9 restricts the long-term presence of specific vehicle types in public spaces to ensure accessibility and safety.
- Campers and caravans: Recreational vehicles may not be parked on public roads for more than three consecutive days (Article 9.1.2).
- Large vehicles: Vehicles exceeding 6 meters in length or 2.4 meters in height are prohibited from parking in designated areas to prevent sight obstructions (Article 9.1.4).
- Mooring: Occupying a mooring place (ligplaats) with a vessel requires authorization from the municipal college (Article 9.2.1).
Frequently Asked Questions
How long can I park a caravan or camper on the street in Bernheze?
According to Article 9.1.2, recreational vehicles such as campers and caravans may be parked on public roads for a maximum of three consecutive days.
When do I need a permit to cut down a tree?
A permit is required for trees with a trunk diameter of at least 15 cm measured at 1.30 meters height, specifically if the tree is on the Bomenlijst or part of a protected green structure (Article 1.1.1 and 5.2.1).
What is the maximum allowed odor load for new residential developments?
In existing residential areas within the built-up area, the maximum permitted odor load is 3 ou/m³ at the 98th percentile (Article 3.1.2).
Is a permit required to alter a municipal monument in Bernheze?
Yes, under Article 4.2.2, it is prohibited to demolish, disturb, or alter a municipal monument without an omgevingsvergunning.
What are the rules for parking large commercial vehicles?
Vehicles longer than 6 meters or higher than 2.4 meters are prohibited from parking on public roads in a way that harms the local appearance or obstructs views (Article 9.1.4).
What is the deadline for notifying the municipality about cable laying works?
Entities must notify the municipal college at least eight weeks before starting planned works on underground cables and pipes (Article 6.1.3).
Can the municipality force a landowner to replant trees?
Yes, Article 5.2.6 allows the municipality to impose a replanting or maintenance obligation if a woody stand has been removed without authorization or has perished.
Are there specific rules for placing advertising on vehicles?
Article 9.1.3 prohibits parking a vehicle on the road primarily for advertising purposes if it is parked with the obvious intent of making commercial advertising.
