The concept of land use and development of the municipality is used in Chapter 4 of the Civil Code. This normative act establishes the competence of the power structures involved in the development of the document, and discloses its purpose. Let us further consider in detail what the Rules of land use and development of the territory of the municipality are .
Characteristic
The rules of land use and development of the municipality is a zoning document. It is adopted by the authorized regional power structure after a public hearing. The rules for land use and development of the territory of the municipality apply to plots intended for public purposes. Among them, GrK includes:
- Parks.
- Reservoirs.
- Squares.
- Gardens
- Boulevards, etc.
In public areas, objects that belong to organizations and citizens may be exclusively leased. Owners of structures / buildings are required to monitor the order and maintain the cleanliness of the rented areas. As the legislation establishes, urban planning regulations do not apply to these territories; accordingly, they are not included in the development plan.
Document Purpose
For adoption of the act, public hearings are held at which the draft is presented . The rules of land use and development of the municipality are drawn up taking into account the specifics of a particular area. The document is required for:
- Creating conditions for zoning.
- Ensuring the rights of organizations and individuals, including those who are users and owners of allotments.
- Formation of conditions for increasing the investment attractiveness of an administrative-territorial unit.
Structure
According to the legislation, the development and approval of the Land Use and Development Rules of the municipality are the responsibility of the authorized regional bodies. Nevertheless, the norms establish a common structure of the document for all subjects. The rules of land use and development of the municipality include the following sections:
1. The procedure for implementing the document and making changes to it. This section governs:
- Competence of authorized entities.
- The procedure for adjusting the provisions of the document.
- Questions on changing the type of permissible use of land.
- The procedure for organizing public hearings.
2. Zoning map. This section sets the boundaries of the zones. The rules of land use and development of the municipality do not allow the formation of an allotment from plots located in different zones.
3. Regulations. This section installs:
- Type of permitted use of the site.
- Limitations
- The maximum permissible limits.
Training
The decision on the preparation of the document should be made by the head of the MO. For example, the Land Use and Development Rules of the Urensky Municipal Formation were developed on the basis of Decree No. 170 of 2015. In accordance with this act, a special commission was formed. It was attended by various officials of the Defense Ministry of the Nizhny Novgorod Region. The rules of land use and development of the Urensky municipality were agreed with the Department for the 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 the adoption of the relevant decision.
Public hearings
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 legislation. If the act has passed the examination, it is sent to the head of administration. If the conclusion is negative, the project is transferred back to the commission. She should finalize it taking into account the comments. After receiving the document, the head of administration within ten days announces the date of the hearing. If this procedure is not followed, the Land Use and Development Rules of the municipality will not be valid. After the hearing, the commission makes the necessary adjustments to the document and passes the act to the head of administration. Within 10 days the latter must forward the document to the regional legislature.
Matching
The procedure for approving acts by representative power structures is determined by the constituent entity of the Russian Federation. Parliamentarians are entitled to either adopt the document after discussion, or send it for revision. In the first case, the authorized bodies are obliged to publish the Land Use and Development Rules of the municipality in the media or on the official portal of the administrative unit . The features 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 inconsistency of certain paragraphs of the document with the current standards is revealed, authorized structures can challenge the decision on their approval at the federal level.
Regulations
Each municipality takes a model document as the basis of the Rules. In this regard, the acts contain similar, and in some cases the same sections and paragraphs. For example, the Land Use and Development Rules of the Kursk Municipality regulate the operation and modification of plots, facilities 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 Ministry of Defense 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 below and above their surface. This document applies to the construction and subsequent operation of buildings. For each plot or other immovable object, the use is recognized as permissible in accordance with the urban planning regulations.
Scope
The Regulation, which includes the Land Use and Development Rules of the Kursk Municipality, applies equally to all plots and objects located within the zones. The exception is allotments 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 common areas and designated for road network elements. These include, in particular, streets, embankments, highways, driveways, beaches, closed reservoirs, public gardens, boulevards and other similar objects.
The Regulation, which contains the Rules for Land Use and Development of the Kursk Municipality , does not apply to plots other than the above, located within the boundaries of common areas. In some municipalities, the normative act does not apply to areas within which linear objects are located , as well as areas provided for mining. The rules of land use and development of the municipality of Krasnodar do not establish regulations for water resources, specially protected areas, except for those related to resorts and health-improving areas.
Object Changes
The rules for land use and development of the municipality of the city of Tula provide for restrictions on the procedure in relation to:
- Repair of existing structures, if it does not affect the structural and other safety and reliability characteristics of buildings.
- Reconstruction of facilities not related to changes in parameters established by the regulation.
- Restoration of buildings.
- Current repair.
- Internal redevelopment.
- Replacements of technological and engineering equipment.
- The construction of temporary buildings. These include, but are not limited to, structures used for construction purposes.
- Interior decoration and other similar works.
Competence of control structures
The implementation of the established procedure is ensured by executive institutions of power. This function is implemented within the competence, which is endowed with the corresponding structure. So, control over how the Land Use and Development Rules of the municipal formation of the city of Tomsk are implemented is ensured when:
- Preparation and approval of decisions on the development of zoning documentation.
- Definition of terms of reference.
- Verification of documentation prepared in accordance with the decision of the authorized structure on zoning for compliance with its requirements specified in the law.
- Approval of acts on territory planning.
- Preparation and issuance to organizations and citizens of the GPZU.
- Granting permissions for the conditionally permissible type of use of the site, capital construction object.
- Performing state examination of documentation for facilities.
- Granting permissions for commissioning of buildings / structures.
- The issuance of securities that allow deviations from the limit values of permitted construction or reconstruction.
- Monitoring facilities during operation.
- Issuance of building permits.
General part of the document
Separate municipalities can provide in it, in addition to the main ones, additional provisions that take into account the specifics of the area. For example, the Land Use and Development Rules of the Pskov Municipality include clauses on:
- Regulation of certain procedures by executive structures of the Ministry of Defense.
- The operation of immovable objects by copyright holders within the areas belonging to them in the prescribed manner.
- Preparation of documents on zoning by executive structures.
The composition of the 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 established.
- Minimum or maximum (limit) sizes of plots and parameters of permissible construction / reconstruction of structures.
- Restrictions on the use of sites and facilities provided by law.
Nuances
Lists of types of permissible use of sites and objects as part of regulations are reflected in the form of tables. They provide for a breakdown into groups of zones. For all objects and plots included in each of them, the types of permissible use are established uniform. In some cases, they can be indicated differentially. In this case, the admissibility of the use of a particular type in different parts / levels of the site or structure is taken into account. Any permitted, as well as conditionally permitted modes of use, subject to the provisions of the regulations, can be applied simultaneously on one allotment.
Special provisions
The presence of the type of permissible use of sites and facilities as part of the main means that for its use there is no need to obtain special approvals from the executive bodies. Another situation is with the conditionally permitted mode. For its application, special coordination is required. The issuance of the relevant document is carried out in the manner prescribed by the Land Use and Development Rules. This permission 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 objects. The presence of the type of permissible use of sites and structures as part of auxiliary means that it can be used exclusively as an additional to the conditionally permitted or main regime and be carried out with one or another jointly on one allotment.
List of objects
The rules provide for the possibility of placing on blocks of general use of any quarters:
- Intra-quarter driveways, reversal areas, porches, car parks.
- Lawns and other gardening elements.
- Engineering communications.
- Public toilets.
- Sports grounds.
- Sanitary protection strips.
- Landfill sites.
Within the zones on which residential structures of any type can be located, the following is allowed, among other things:
- Playgrounds.
- Land for dog walking.
Dimensions
The composition of the limiting parameters of the plots and capital construction (reconstruction) objects includes:
- Plots of land.
- Indentation of structures / buildings from the boundaries of the plots.
- Dimensions of capital construction objects.
- Numerical characteristics of the allotment surface operation.
The set of limit sizes in the composition of the regulation is the same for all objects located within the corresponding zone or subzone allocated in it, unless otherwise specifically stipulated in the regulatory act.
Content Restrictions
They are established as part of the regulations on the basis of the provisions of normative acts adopted by state authorities. For areas within which the special conditions for the use of the plots apply, the following restrictions may apply:
- The need to coordinate certain issues of operation of immovable objects with executive bodies.
- The ability to determine the specified structures additional requirements for persons using sites and structures to be observed in the process of developing documentation.
If an allotment or an object is located within the boundaries of zones with a special regime, operating conditions are determined by a set of restrictions provided for by law and requirements established by executive authorities. At the same time, stricter regulations absorb soft ones.
Auxiliary species
They can be applied to facilities that are technologically related to sites and structures that have basic and conditionally permitted modes of use, or which are regulated in the regulatory and technical documentation. The list of objects is determined taking into account a specific territory. So, for example, the Land Use and Development Rules of the municipal entity of Biysk include:
- Housing and communal services. These include, in particular, gas, water, heat and electricity supply systems, as well as water disposal systems. They are used to provide conditionally permitted objects, basic modes.
- Garages and parking lots. The list includes, including, open, multi-storey and underground structures.
Placement of objects for which auxiliary types of permissible use are provided is permitted subject to the requirements established in the technical regulations. Within the zones with special treatment, the requirements specified in the current legislation apply.
Conclusion
The rules governing land use and development in the municipality are a rather voluminous 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 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 it, the Rules cannot be agreed upon and, accordingly, will not gain legal force. At the same time, it is extremely important to comply with the deadlines established by law. Another mandatory procedure is examination. The conclusion drawn up as a result of the audit, like the draft Rules, is published in the media (as a rule, this is the official local newspaper) and on the Internet (on the MO website). This is necessary so that interested organizations and citizens can familiarize themselves with the documents, express their opinion on their provisions. If any inconsistencies are revealed by law, the acts may 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.