Rules of land use and development of a municipal formation: features and procedures

используется в 4 главе ГрК. The concept of land use and development of a municipal formation is used in Chapter 4 of the GRK. This normative act establishes the competence of the power structures implementing the development of the document and discloses its purpose. . Let us consider in detail what the Rules of Land Use and Development of the Territory of the Municipality are .

Characteristic

документ о зонировании. The rules of land use and development of a municipal formation are a document on zoning. It is adopted by an authorized regional power structure after public hearings. действуют в отношении участков, предназначенных для общественных целей. The rules of land use and development of the territory of the municipality apply to sites intended for public purposes. In their number, the GRK includes:

1. Parks.
2. Reservoirs.
3. Squares.
4. Gardens.
5. Boulevards, etc.

In public areas, objects that belong to organizations and citizens can only be on lease. Owners of structures / buildings are obliged to monitor the order and maintain the cleanliness of leased areas. As the law establishes, the town planning regulations do not apply to these territories, respectively, they are not included in the development plan.

Purpose of the document

For the adoption of the act, public hearings are held on which the draft is presented . составляются с учетом специфики конкретной местности. The rules of land use and development of a municipal formation are made taking into account the specificity of a specific locality. The document is required for:

1. Creation of conditions for the zoning of the area.
2. Ensuring the rights of organizations and individuals, including those who are users and owners of allotments.
3. Formation of conditions for increasing the investment attractiveness of an administrative-territorial unit.

Structure

относятся к компетенции уполномоченных региональных органов. According to the legislation, the development and approval of the Rules for Land Use and Municipal Development are within the competence of authorized regional bodies. Nevertheless, the norms set the general structure of the document for all subjects. включают в себя следующие разделы: The rules of land use and development of a municipal formation 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 adjusting the provisions of the document.
• Questions on changing the type of permissible use of land.
• The order of organization of public hearings.

2. The zoning map. In this section, the zone boundaries are set. не допускают формирование надела из участков, располагающихся в различных зонах. The rules of land use and development of the municipal formation do not allow the formation of an allotment from sites located in different zones.

3. Regulations. In this section you will find:

• Type of permitted use of the site.
• Restrictions.
• Maximum permissible limits.

Preparation

The decision on drafting the document should be made by the head of the MoD. разрабатывались на основании Постановления от 2015 г. № 170. В соответствии с этим актом, была образована специальная комиссия. For example, the Rules of Land Use and Development of the Urban Municipal Formation were developed on the basis of Resolution No. 170 of 2015. In accordance with this act, a special commission was formed. It was attended by various officials of the MO of the Nizhny Novgorod region. были согласованы с Департаментом по развитию области. The rules of land use and development of the Uren municipal formation have been coordinated with the Department for Development of the region. It should be noted that the MO administration is obliged to publish information about this on the Internet and the media within ten days from the date of adoption of the relevant decision.

Public Hearing

разрабатывает комиссия и передает на экспертизу. The rules of land use and development of the municipal formation are developed by the commission and submitted for examination. The authorized structure checks compliance of the document with the established technical regulations and legislative norms. If the act has passed examination, it is sent to the head of administration. If the conclusion is negative, the project is transferred back to the commission. It should refine it taking into account the comments. After receiving the document, the head of the administration announces the date of the hearings within ten days. не будут иметь силы. If this procedure is not followed, the rules of land use and development of the municipal formation will not be valid. After the end of the hearing, the commission makes the necessary adjustments to the document and passes the report to the head of the administration. Within 10 days. The latter should send the document to the regional legislative body.

Harmonization

The procedure for approval of acts by representative structures of power is determined by the subject of the Russian Federation. Parliamentarians have the right to either accept the document after discussion, or send it for revision. In the first case, the authorized bodies are obliged to publish in the media or on the official portal of the administrative unit the Rules of Land Use and Municipal Formation. процедуры принятия документа состоят в том, что в первую очередь организации и граждане, ознакомившись с актом, вправе обжаловать его положения через суд. The specifics of the procedure for adopting the document 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 there is a discrepancy between these or those points of the document to the current norms, the authorized structures can challenge the decision on their coordination at the federal level.

Regulations

As a basis for the Rules, each municipal entity takes a model document. In this connection, the acts contain similar and in some cases identical sections and points. регламентируют деятельность по эксплуатации и изменению участков, объектов в пределах зон, отображаемых на карте. For example, the Land Use and Development Rules of a municipal entity in the city of Kursk regulate the operation and modification of sites and facilities within the zones displayed on the map. For each of them there is a regulation. In accordance with the current order, the area of the Defense Ministry is divided into territorial zones and areas with a special regime of use. The regulation establishes the legal regime of the plots, 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 real estate, use is recognized as permissible, corresponding to the town planning regulations.

Scope

распространяется на все участки и объекты, находящиеся в пределах зон, в равной степени. The Regulations, which include the Rules of Land Use and Development of the Municipal Formation of the City of Kursk, apply to all areas and objects within the zones equally. The exceptions are the allotments located:

1. Within the boundaries of the territories of ensembles and monuments included in the state register of objects of the cultural and stoic heritage of the peoples of the Russian Federation. These include the newly identified complexes.
2. Within the boundaries of public areas and allocated for the elements of street-road networks. They include, in particular, streets, embankments, motor roads, driveways, beaches, enclosed bodies of water, squares, boulevards and other similar objects.

, не действует и в отношении иных, кроме приведенных выше, наделов, находящихся границах общих зон. The Regulations, which contain the Rules of Land Use and Development of the Municipal Formation of the City of Kursk , do not apply to any other than the above allotments located within the boundaries of common zones. In some MOs, the normative act does not apply to the area within which linear objects are located, as well as sites provided for the extraction of minerals. не устанавливают регламенты для объектов водного фонда, особо охраняемых участков, кроме тех, которые относятся к курортам и лечебно-оздоровительным местностям. The rules of land use and development of the municipal entity of Krasnodar do not establish regulations for water fund objects, specially protected sites, except for those related to resorts and health-improving areas.

Changes to objects

предусматривают ограничения действия порядка в отношении: The rules of land use and development of the municipal entity of the city of Tula provide for restrictions on the operation of the order in relation to:

1. Repair of existing structures, if it does not affect the structural and other characteristics of safety and reliability of buildings.
2. Reconstruction of objects not related to changes in parameters established by the regulations.
3. Restoration of structures.
4. Ongoing repair.
5. Internal redevelopment.
6. Replacement of technological and engineering equipment.
7. The erection of temporary buildings. Among them, among others, are structures used for construction purposes.
8. Internal finishing and other similar works.

Competence of control structures

Execution of the established procedure is provided by the executive power institutions. This function is implemented within the competence, which is assigned the corresponding structure. обеспечивается при: So, control over how the Rules of land tenure and building of a municipal formation of the city of Tomsk are executed are provided at:

1. Preparation and coordination of decisions on the development of documentation for zoning.
2. Definition of technical requirements.
3. Verification of the documentation prepared in accordance with the decision of the authorized structure, on zoning for compliance with its requirements provided for in the law.
4. Approval of acts for planning the territory.
5. Preparation and issuance to organizations and citizens of GPRS.
6. Granting permits for the conditionally permissible use of the site, the capital construction object.
7. Implementation of state expertise of documentation for structures.
8. Permitting the commissioning of buildings / structures.
9. Issuance of securities that allow deviations from the limit values of permitted construction or reconstruction.
10. Control of objects in operation.
11. Issue of permits for construction.

The general part of the document

Separate MO can provide in it, except for basic, additional provisions that take into account the specifics of the terrain. включают в себя пункты о: For example, the rules of land use and development of a municipal entity in the city of Pskov include items on:

1. The regulation of individual procedures by the executive structures of the Defense Ministry.
2. Exploitation of immovable objects by rightholders within the plots owned by them, in accordance with the established procedure.
3. Preparation of documents on zoning by executive structures.

Composition of regulations

It is given in the second part of the Rules. The regulations specify:

1. Types of permissible operation of immovable objects. In particular, conditionally permitted, basic, auxiliary regimes are established.
2. Minimal or maximum (limiting) sizes of sections and parameters of permissible construction / reconstruction of structures.
3. Restrictions on the use of sites and facilities provided for by law.

Nuances

Lists of the types of permissible use of sites and objects in the composition of regulations are reflected in the form of tables. They provide for breakdown by groups of zones. For all objects and areas included in each of them, the types of permissible use are set unified. In some cases, they may be indicated differentially. This takes into account the permissibility of applying a particular species in different parts / levels of the site or structure. Any permitted, as well as conditionally permitted modes of use, provided that the provisions of the regulations are complied with, can be applied simultaneously on the same allotment.

Special provisions

The presence of the type of permissible use of plots and facilities in the main means that for its application there is no need to receive special approvals from the executive bodies. Another situation is with the conditionally permitted regime. For its use, special coordination is necessary. The issuance of the relevant document is carried out in accordance with the procedure established by the Land Use and Development Rules. This permit may include a number of conditions, the implementation of which is aimed at preventing damage to other persons (neighbors), preventing a significant reduction in the price of neighboring facilities. The presence of the type of permissible use of plots and structures in auxiliary structures means that it can only be applied as an additional to the conditionally permitted or basic regime and to be implemented with one or the other together on the same allotment.

List of objects

The rules provide for the possibility of placing on public areas of any quarters:

1. Intraquarter passages, turning sites, entrances, car parks.
2. Lawns and other elements of gardening.
3. Engineering communications.
4. Public toilets.
5. Playgrounds.
6. Sanitary protection strips.
7. Areas for dust collectors.

Within the zones on which residential buildings of any type can be located, among other things, accommodation is allowed:

1. Children's playgrounds.
2. Areas for walking dogs.

Dimensions

In the limits of the parameters of the sites and capital construction objects (reconstruction):

1. Areas of allotments.
2. Indents of structures / buildings from the boundaries of plots.
3. Dimensions of capital construction objects.
4. Numerical characteristics of the operation of the surface of the allotment.

The complex of limiting sizes in the composition of the regulations is uniform for all objects located within the corresponding zone or sub-zone allocated in it, unless otherwise specified in the normative act.

Content of restrictions

They are established as part of regulations on the basis of provisions of regulatory enactments adopted by state authorities. For zones within which special conditions for the use of plots apply, the following restrictions may be provided:

1. Necessity of the coordination of separate questions of operation of immovable objects with executive bodies.
2. The ability of these structures to specify additional requirements for persons using sites and structures to be complied with in the development of documentation.

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 the requirements established by the executive structures of power. At the same time, stricter regulations absorb soft ones.

Auxiliary species

They can be applied to objects that are technologically connected with sites and facilities that have a basic and conditionally permitted modes of use, or whose presence is regulated in the regulatory and technical documentation. The list of objects is determined taking into account the specific territory. So, for example, the Rules of Land Use and Development of a Municipality of the City of Biysk includes:

1. Housing and communal services. Among them, in particular, include systems of gas, water, heat and electricity, as well as water disposal. They are used to provide objects of conditionally permitted, basic modes.
2. Garages and parking lots. The list includes, among others, open, multi-storey and underground structures.

Placement of facilities for which auxiliary types of permissible use are envisaged is permitted provided that the requirements established in the technical regulations are met. Within the zones with a special regime, the prescriptions specified in the current legislation apply.

Conclusion

The rules governing land use and development in the municipality are quite a lengthy document. It contains various sections, regulations, lists, regulations. As a rule, the very first part of the document contains 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 is necessarily conducted 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 it, the Rules can not be agreed and, accordingly, will not acquire legal force. It is extremely important to comply with the statutory deadlines. Another mandatory procedure is examination. The conclusion drawn up on the basis of the audit results, like the draft Rules, is published in the media (usually an official local newspaper) and the Internet (on the MO website). This is necessary for interested organizations and citizens to get acquainted with the documents, express their opinion on their provisions. If any inconsistencies are revealed to the law, the acts may be challenged in court. The rules should not infringe the interests of users and owners of sites and objects located on them. The control bodies have the opportunity to appeal the document as a whole or some of its provisions, if they detect violations during the audit.