The concept of rules for land use and development of the municipality is used in Chapter 4 of the GK. This normative act establishes the competence of the authorities involved in the development of the document, and reveals its purpose. Let us further consider in detail what the Rules for Land Use and Development of the Territory of the Municipal Formation are.
The Municipality Land Use and Development Regulations is a zoning document. It is adopted by the authorized regional power structure after public hearings. The rules for land use and development of the territory of the municipality apply to plots intended for public purposes. Among them, the GRC includes:
- Boulevards, etc.
In public areas, objects that belong to organizations and citizens,may be exclusively leased. The owners of structures/buildings are obliged to keep order and maintain the cleanliness of the leased space. As established by law, urban planning regulations do not apply to these territories, respectively, they are not included in the development plan.
Purpose of document
To adopt the act, public hearings are held at which the draft is presented. Rules for land use and development of the municipality are drawn up taking into account the specifics of a particular area. Document required for:
- Creating conditions for zoning the area.
- Ensuring the rights of organizations and individuals, including those who are users and owners of plots.
- Formation of conditions to increase the investment attractiveness of the administrative-territorial unit.
According to the law, the development and approval of the Rules for land use and development of the municipality fall within the competence of authorized regional bodies. Nevertheless, the norms establish a common document structure for all subjects. The Municipality Land Use and Development Regulations include the following sections:
1. The procedure for implementing the document and making changes to it. This section regulates:
- Competence of authorized structures.
- Procedure for correcting the provisions of the document.
- Questions on changing the type of allowable use of land.
- Procedure for organizing public hearings.
2. Zoning map. This section sets the zone boundaries. The land use and development rules of the municipality do not allow the formation of an allotment from plots located in different zones.
3. Regulations. This section sets:
- Type of permitted use of the site.
- Maximum allowed limits.
The decision to draw up a document should be made by the head of the Ministry of Defense. For example, the Rules for land use and development of the Uren municipality were developed on the basis of Resolution No. 170 of 2015. In accordance with this act, a special commission was formed. It included various officials of the Ministry of Defense of the Nizhny Novgorod Region. The rules for land use and development of the Uren municipality were agreed with the Regional Development Department. It should be noted that the administration of the Ministry of Defense is obliged to publish information about this on the Internet and in the media within ten days from the date of the adoption of the relevant decision.
The rules for land use and development of the municipality are developed by the commission and submitted for examination. The authorized structure checks the compliance of the document with the established technical regulations and legal norms. If the act has passed the examination, it is sent to the head of administration. If the conclusion is negative, the project is sent back to the commission. She owes himrevise taking into account the comments. After receiving the document, the head of administration announces the date of the hearing within ten days. If this procedure is not followed, the Land Use and Development Rules of the municipality will not be valid. After the end of the hearings, the commission makes the necessary adjustments to the document and submits the act to the head of administration. Within 10 days the latter must submit the document to the regional legislature.
The procedure for the approval of acts by representative structures of power is determined by the subject of the Russian Federation. Parliamentarians have the right to either adopt the document after discussion, or send it for revision. In the first case, the authorized bodies are obliged to publish the Rules for land use and development of the municipality in the media or on the official portal of the administrative unit. The peculiarities of the document adoption procedure are that, first of all, organizations and citizens, having familiarized themselves with the act, have the right to appeal its provisions through the court. Secondly, if a discrepancy between certain points of the document and the current norms is revealed, the authorized structures can challenge the decision on their approval at the federal level.
For the basis of the Rules, each municipality takes a standard document. In this regard, the acts contain similar, and in some cases the same sections and paragraphs. For example, Rules for land use and development of the municipality of the city of Kurskregulate the activities for the operation and change of sites, objects within the zones displayed on the map. For each of them there is a regulation. In accordance with the current procedure, the area of the Moscow Region is divided into territorial zones and areas with a special mode of use. The regulation establishes the legal regime of sites, as well as everything that is located under and above their surface. This document is used in the construction and subsequent operation of buildings. For each site or other immovable object, the use that complies with the urban planning regulations is recognized as acceptable.
The Regulation, which includes the Rules for land use and development of the municipality of the city of Kursk, applies to all sites and objects located within the zones equally. The exception is plots located:
- Within the boundaries of the territories of ensembles and monuments included in the state register of objects of cultural and stoic heritage of the peoples of the Russian Federation. These include newly identified complexes.
- Within the boundaries of public areas and designated for elements of road networks. These include, in particular, streets, embankments, highways, driveways, beaches, closed reservoirs, squares, boulevards and other similar objects.
The regulation, which contains the Rules for land use and development of the municipality of the city of Kursk, does not apply to other, except for the above, allotments located on the borders of common areas. In some MOs, the regulation does not apply toareas within which linear facilities are located, as well as areas provided for mining. The rules for land use and development of the municipality of Krasnodar do not establish regulations for objects of the water fund, specially protected areas, except for those related to resorts and he alth-improving areas.
The rules for land use and development of the municipality of the city of Tula provide for restrictions on the operation of the order in relation to:
- Repair of existing structures, if it does not affect the structural and other characteristics of the safety and reliability of buildings.
- Reconstruction of objects not related to changes in the parameters established by the regulations.
- Restoration of structures.
- Internal redevelopment.
- Replacement of technological and engineering equipment.
- Construction of temporary buildings. These include, among other things, structures used for construction purposes.
- Internal finishing and other similar works.
Competence of control structures
The execution of the established order is provided by the executive institutions of power. This function is implemented within the competence assigned to the relevant structure. Thus, control over how the Rules for land use and development of the municipality of the city of Tomsk are implemented is ensured when:
- Preparation and approval of decisions on the development of zoning documentation.
- Defining terms of reference.
- Checking the documentation prepared in accordance with the decision of the authorized structure on zoning for compliance with its requirements stipulated by law.
- Approval of territorial planning acts.
- Preparation and issuance of GPZU to organizations and citizens.
- Granting permits for a conditionally permissible type of use of a site, a capital construction facility.
- Performing state examination of documentation for structures.
- Granting permits for the commissioning of buildings/structures.
- Issuing papers that allow deviations from the limits of permitted construction or reconstruction.
- Control of objects during operation.
- Issue of building permits.
General part of the document
Individual MOs can provide in it, in addition to the main ones, additional provisions that take into account the specifics of the area. For example, the Rules for land use and development of the municipality of the city of Pskov include items about:
- Regulation of certain procedures by the executive structures of the Ministry of Defense.
- Exploitation of immovable objects by copyright holders within the plots belonging to them, in the prescribed manner.
- Preparation of zoning documents by executive structures.
Composition of regulations
It is given in the Second Part of the Rules. The regulations indicate:
- Types of permissible operation of immovable objects. In particular, conditionally permitted, basic, auxiliary modes are set.
- Minimum or maximum (limit) sizes of plots and parameters of permissible construction/reconstruction of structures.
- Restrictions on the use of sites and facilities provided for by law.
Lists of types of permissible use of sites and objects in the regulations are reflected in the form of tables. They provide for a breakdown into groups of zones. For all objects and sites included in each of them, the types of permissible use are established as the same. In some cases, they may be indicated differently. This takes into account the admissibility of the use of one or another type in different parts / levels of the site or structure. Any permitted, as well as conditionally permitted modes of use, subject to the provisions of the regulations, can be used simultaneously on one allotment.
The presence of the type of permissible use of sites and objects as part of the main ones means that for its application there is no need to obtain special approvals from the executive bodies. Another situation is with the conditionally permitted regime. Its use requires special approval. The issuance of the relevant document is carried out in the manner prescribed byLand use and building regulations. This permit may include a number of conditions, the fulfillment of which is aimed at preventing damage to other persons (neighbors), preventing a significant reduction in the price of neighboring objects. The presence of a type of permissible use of sites and structures as part of auxiliary means that it can be used exclusively as an additional one in relation to the conditionally permitted or main regime and be carried out with one or the other together on the same allotment.
List of objects
The rules provide for the possibility of placing any quarters on common areas:
- Intrablock driveways, turnarounds, entrances, parking lots.
- Lawns and other landscaping elements.
- Engineering communications.
- Public toilets.
- Sports grounds.
- Sanitary protection strips.
- Gas bins.
Within the zones where residential structures of any type can be located, among other things, accommodation is allowed:
- Dog walking areas.
As part of the limiting parameters of sites and objects of capital construction (reconstruction) are indicated:
- Plot areas.
- Indentation of structures/buildings from the boundaries of the plots.
- Dimensions of capital construction facilities.
- Numerical characteristics of the operation of the surface of the allotment.
The set of limit sizes as part of the regulations is the same for all objects,located within the corresponding zone or subzone allocated in it, unless otherwise specifically stipulated in the regulatory act.
They are established as part of the regulations on the basis of the provisions of regulations adopted by public authorities. For areas within which there are special conditions for the use of sites, the following restrictions may be provided:
- The need to coordinate certain issues of the operation of immovable objects with executive bodies.
- Possibility of determining additional requirements for persons using sites and facilities to be observed in the process of developing documentation by the specified structures.
If an allotment or an object is located within the boundaries of zones with a special regime, the operating conditions are determined by a set of restrictions provided for by law and requirements established by the executive authorities. At the same time, more stringent regulations absorb soft ones.
They can be applied to objects that are technologically connected with sites and structures that have the main and conditionally permitted modes of use, or whose presence is regulated in regulatory and technical documentation. The list of objects is determined taking into account a specific territory. So, for example, the Rules for land use and development of the municipality of the city of Biysk include:
- Housing and communal services. These include, in particular, systems of gas, water, heat and electricity supply, as well as water disposal. They are used to provide facilities for conditionally permitted, basic modes.
- Garages and car parks. The list includes, among other things, open, multi-storey and underground structures.
Placement of objects for which auxiliary types of permissible use are provided is allowed, subject to compliance with the requirements established in the technical regulations. Within the zones with a special regime, the prescriptions defined in the current legislation apply.
The rules governing land use and development in the municipality is a rather voluminous document. It contains various sections, regulations, lists, provisions. As a rule, the very first part of the document contains the terms and definitions that will be used in the texts. It is worth saying that the development of the Rules is a rather laborious work. It must be carried out by a specially formed commission. If the Rules are drawn up for a large city, it should include representatives of all its administrative-territorial units. Particular attention in the development should be given to public hearings. It is worth recalling once again that this procedure is mandatory and prescribed by law. Without its implementation, the Rules cannot be agreed upon and, accordingly, will not acquire legal force. It is extremely important to comply with the deadlines established by law. Another mandatory procedure is the examination.The conclusion drawn up on the basis of the results of the audit, as well as the draft Rules, is published in the media (as a rule, this is the official local newspaper) and the Internet (on the website of the Ministry of Defense). This is necessary so that interested organizations and citizens can familiarize themselves with the documents and express their opinion on their provisions. If any inconsistencies with the law are revealed, the acts can be challenged in court. The rules should not infringe on the interests of users and owners of sites and objects located on them. The control authorities also have the opportunity to appeal the document as a whole or its individual provisions, if they identify violations during the audit.