2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART V - Municipal Development (§§ 5001 — 5216) › Chapter 122 - Martín Peña Canal Special Planning District Integrated Development Act (§§ 5031 — 5066) › § 5031 - Definitions

The following words and terms, when used or referred to in this chapter, shall have the meaning stated below, unless another meaning clearly arises from the context:
(a) Public agency.— Is any department, board, commission, division, office, bureau, administration, public corporation or subsidiary thereof, municipality, municipal corporation, or consortium, or instrumentality of the Commonwealth of Puerto Rico, including any of its officers, employees or members who act or appear to act in the discharge of their official duties.
(b) Social capital.— Is the set of rules of trust, values, attitudes and networks between persons and institutions in a community that define the degree of interrelations between the different social actors and facilitate collective and cooperative activities.
(c) Community economic development.— Is a process through which the conditions that allow the empowerment of community residents are created so that the latter may develop the material and social mechanisms to permanently promote their economic and social well-being.
(d) District.— Is the “Martín Peña Canal Special Planning District” as delimited and designated in the Planning Board Resolution of May 3, 2002. The District includes the following seven (7) communities: (1) Barrio Obrero (West and San Ciprián), (2) Barrio Obrero-Marina, (3) Buena Vista-Santurce, (4) Stop 27, (5) Las Monjas, (6) Buena Vista-Hato Rey, and (7) Israel-Bitumul. The Planning Board may modify the aforementioned Resolution through an amendment adopted pursuant to its Organic Act and the Uniform Administrative Procedures Act, and upon holding public hearings. However, any alteration to the delimitation of the District shall require legislative authorization through an amendment to this chapter. The community of the Cantera Peninsula is not included in the District, and shall not participate in or benefit from this chapter in accordance with specific provisions set forth below, including representation in the G-8.
(e) Joint venture.— Is an enterprise or entrepreneurial activity in which residents of the District and the Cantera Peninsula and external entrepreneurs or investors participate. The alliances may be of partnerships in a single business, alliances between preexisting businesses, or alliances created to attend to particular needs. Said ventures shall have self-management, empowerment and community development among their principles, and therefore, control thereof shall eventually be in the hands of the residents themselves.
(f) Community enterprise.— Is an enterprise whose owners are bona fide residents of the District and the Cantera Peninsula, or which is under the control of the bona fide residents of the District and the Cantera Peninsula. In the case of joint ventures or enterprises, those in which the community partners, whether natural or juridical persons, have control over the venture or enterprise are considered to be community enterprises. In case that the community partners temporarily transfer said control in exchange for other concessions and advantages, said transfer of control shall never exceed twice the time it takes the enterprise to recover the investment of the external partners; said term shall never exceed ten (10) years.
(g) Private entity.— Means any association, organization, institute or natural or juridical person that lends, offers or renders any service or activity, or that manages any program that tends to the needs of the community.
(h) Land trust.— Is the “Martín Peña Canal Land Trust”, which is a private community trust created in perpetuity by this chapter.
(i) Conservation strip.— Means the wetlands conservation and mitigation strip which shall be created along both banks of the Martín Peña Canal.
(j) G-8.— Is “ Grupo de las Ocho Comunidades ” [Group of the Eight Communities], an entity that groups the community-based leadership of the communities that constitute the District and the Cantera Peninsula, as this organization has been incorporated in the Department of State.
(k) Corporation.— Is the Martín Peña Canal ENLACE Project Corporation created by virtue of this chapter.
(l) Board.— Is the Board of Directors and the body that governs the Martín Peña Canal ENLACE Project Corporation created by virtue of this chapter.
(m) District Plan.— Is the Integrated Development Plan and the Land Use Plan for the Martín Peña Canal Special Planning District.
(n) ENLACE Project.— Is the “Martín Peña Canal ENLACE Project”, a set of actions carried out with the participation of the District community in conjunction with the government and the private sector, geared toward the rehabilitation of the Martín Peña Canal and the integrated development of abutting communities according to the vision of integrated development of District residents.
(o) Register of Bidders.— Is the “Register of Enterprises and Bidders of the Martín Peña Canal”, created by virtue of this chapter.
(p) Register of Residents and Businesses.— Is the “Register of Residents, Businesses and Nonprofit Organizations of the Martín Peña Canal Special Planning District”, created by virtue of this chapter.
(q) Peripheral thoroughfare.— Is the vehicular, pedestrian and cyclist transportation corridor parallel to the conservation strip, separating the construction space of the communities from the natural space.
History —Sept. 24, 2004, No. 489, § 2; Aug. 14, 2013, No. 104, § 3.