Characteristics of the parks concerned

Some parking lots must incorporate shading and stormwater management systems on at least half of their surface.

It's the parking lots exterior of more than 500 m² responding to one the following conditions:

• Newly built and open to the public
• Associated with buildings or parts of buildings to which the obligation to produce renewable energy or to green roofs when carrying out heavy renovations of these parks. Renovations are considered to be heavy when, on a 15 years, the entire floor covering shall be replaced on at least the half the size of the parking lot.

These obligations apply only to parking lots that are the subject of applications forcity planning permissions.

Calculation of the parking area

The calculation method differs between the requirement to integrate storm water management devices and the requirement for shading devices.

Storm Water Management Devices

For the assessment of compliance with the obligation to integrate stormwater management devices, the area a parking lot must include the following spaces:

• Vehicle parking spaces and their trailers, located outside the public highway, within a perimeter between the entry(s) and exit(s) of the park
• Traffic lanes and routes, facilities and toll zones allowing access to these sites, within a perimeter between the entrance or entrances and the exit or exits of the park
• Spaces provided for the integration of surface coatings, hydraulic installations or vegetated devices promoting the permeability and infiltration of rainwater or its evaporation, included within the perimeter of the park.

The following spaces shall not be taken into account in the calculation of the park area:

• Green areas that are not linked to the obligation to integrate shading, vegetation and stormwater management systems
• Rest areas
• Storage Areas
• Logistics, handling and unloading areas.

Shading devices

For the assessment of compliance with the obligation to incorporate shading devices, the area a parking lot includes the following spaces:

• Vehicle parking spaces and their trailers, located outside the public highway, within a perimeter between the entry(s) and exit(s) of the park
• Lanes and traffic paths, fittings and toll zones allowing access to these sites, within a perimeter between the entrance or entrances and the exit or exits of the park

The following spaces must not not be taken into account in the calculation of the park area:

• Green spaces
• Rest areas
• Storage Areas
• Logistics, handling and unloading areas.

General framework of exceptions

Obligations to install shading and stormwater management systems do not apply to some parking lots. These are:

• Either who do not permit the installation of the devices, due to technical, security, architectural or heritage constraints
• Either when this obligation cannot be met under economically acceptable conditions due to technical constraints
• Either when these devices are incompatible with the nature of the project or the area of establishment and that they undermine the preservation of heritage architectural or landscaping.

The technical constraints can be linked to the following:

• Nature of the soil, e.g. its geological composition or inclination
• It is not technically possible not to aggravate a natural, technological or civil security risk as a result of the installation of the mandatory devices
• Use of the parking lot, making it incompatible with the installation of the devices.

There are several types of exceptions, some of which may only apply to one of the 2 types of mandatory devices. There are exceptions for:

• Proximity to protected places
• Total removal or transformation of the parking lot
• Excessive costs
• Costs compromising the economic viability of the owner.

Exceptions for shading and stormwater management devices

Proximity to protected places

Some parking lots are subject to the obligation to integrate storm water management systems subject to obtaining the agreement or authorization of the competent authority (town hall, prefecture) for carrying out the work in question. These are the parks located :

• To surroundings of historical monuments
• Within the perimeter of a remarkable heritage site
• In a listed or classified site
• Inside the heart of a national park.

This also applies to work on a classified or registered building in respect of historical monuments or on a protected building.

The work must not be undertaken without this agreement.

Total removal or transformation of the parking lot

Some parking lots that are deleted or transformed, wholly or partly, shall benefit from an exception to the obligations to install shading and stormwater management systems if their 1^re city planning authorization was issued before 1^er July 2023.

When the parking lot is partially converted, the obligations to install shading and stormwater management devices apply to the part of the parking lot that is not converted.

If the works are not undertaken during the period of validity of the city planning authorization (which allows the fleet to be removed or converted), the exception is no longer valid. The owner of the fleet must then meet the obligations to install the devices within 2 years from the date on which the exemption no longer benefits him.

Proximity to classified facilities

An exception to the obligations to install shading and stormwater management devices applies to:

• Areas required for the application of general or specific requirements facility classified for environmental protection (ICPE) imposing emergency equipment access roads and parking lots
• Parking lot areas located within 10 meters of an ICPE of headings 1312, 1413, 1414, 1416, 1434, 1435, 1436, 2160, 2260-1, 2311, 2410, 2565, headings 27XX (except headings 2715, 2720, 2750, 2751 and 2752), headings 2925, 3260, 3465XX, heading 364X and headings the bill of materials
• Parking lots and parts of parks dedicated to the reception of vehicles bearing the orange-colored plate marking (transport of dangerous goods).
• Outdoor car parks constituting ICPEs under headings 1413, 1414, 1416, 1421, 1434, 1435 and 2925 of the Nomenclature due to the technical impossibility of not aggravating a technological risk.

Exception only applicable to stormwater management devices

Some parking lots benefit from an exception to the requirement to install storm water management devices for excessive costs. These are those for which it is shown that the installation of each of these processes and devices is impossible because the total costs excluding taxes of work related to compliance with the obligation :

• Either jeopardize the economic viability of the owner the parking lot
• Either turn out excessive, because they are made more expensive by a technical constraint.

The excessive character the cost of the work is established by a calculation.

Exceptions only applicable to shading devices

Costs compromising the economic viability of the owner

Parking lots are not subject to the obligation to install shading devices when installation is impossible because the total costs excluding taxes of the works arising from those obligations jeopardize the economic viability of the owner from the park.

Excessive costs due to technical constraints or insufficient sunlight (renewable energy production devices)

Parking lots for which it is demonstrated that the installation of shades incorporating a renewable energy production process is impossible due to technical constraints or a insufficient sunshine are not subject to the obligation to install such shades. This applies if the technical constraints or theinsufficient sunshine generate investment costs that significantly impair the profitability of this installation.

The profitability of the installation is significantly affected when the discounted cost of energy produced by this installation over a period of 20 years is greater than the value of the purchase price or reference price used to calculate the revenue that can be obtained from the sale of the electricity produced by the installation, multiplied by 1.2.

The estimation of the discounted energy costs and discounted revenue must be the subject oftechnical and economic studies carried out by specialist companies.

Excessive costs related to a technical constraint (vegetated devices)

Parking lots for which it is shown that the installation of vegetated shade devices (e.g. wide canopy trees) is impossible may benefit from an exception. This applies if the total costs excluding taxes of the works generated by this obligation turn out excessive due to a technical constraint.

The character excessive the cost of the work is calculated.

Excessive costs (renewable energy generation devices)

Parking lots for which it has been shown that the installation of shades incorporating a renewable energy production process is impossible due to excessive total costs are not subject to the obligation to settle them.

The excessive nature of the cost of the work is established by a calculation.

Justification of the exception (photovoltaic panels)

In the case of a request for an exception for the installation of shade panels with photovoltaic panels, the attestation justifying the exception must include a techno-economic study carried out by a company with:

• A professional qualification or certification in accordance with the requirements of the support device to which the installation is eligible
• Either a sign of quality issued by an organization that has signed the “RGE Études” charter with ADEME and corresponding to the photovoltaic activity.

The attestation of qualification, professional qualification or quality available to the company which carried out the technical-economic study must be provided in the context of an application for a city planning authorization or, in the absence of a city planning authorization, during a possible inspection.

Storm Water Management Devices

Parking lots subject to the obligation to settle parking devices stormwater management must integrate on a total ofat least 50% of their surface from:

• Surface Coatings permeable (e.g. porous or draining)
• Hydraulic fittings
• Vegetated devices (e.g. lawns, hedges, trees, etc.)

These devices shall promote the permeability and infiltration of rainwater or its evaporation.

Shading devices

Parking lots subject to the obligation to install shading devices must include a total ofat least 50% of their surface from:

• Vegetated devices contributing to the shade of the park (e.g. trees with a wide canopy)
• Umbrellas incorporating a renewable energy production process (e.g. photovoltaic panels) over their entire surface.

Performing work without complying with the obligations indicated in this sheet is punishable by a fine of an amount of €300,000 (natural person) or €1 500 000 (legal person).

In case of recurrence, a penalty of 6 months imprisonment may also be pronounced.