On the approval of the regulations on the commission for land use and development, its composition. Commission for Urban Development, State Property and Land Use Tasks of the District Commission

Municipal formation "Zonalnenskoe rural settlement"

Administration of the Zonalnensky rural settlement

P O S T A N O V L E N I E

In order to implement the Rules for Land Use and Development of the Municipal Formation "Zonalnenskoe Rural Settlement", approved by the decision of the Council of the Zonalnensky Rural Settlement dated 01.01.2001 No. 43, guided by Art. Art. 31, 33, 39, 40 of the Urban Planning Code of the Russian Federation, the Charter of the municipal formation "Zonalnenskoe rural settlement"

I DECIDE:

1. To approve the regulation "On the Commission for Land Use and Development" (Appendix 1).

2. To approve the composition of the commission for land use and development (Appendix 2).

3. This resolution shall be published in the print media of the official publication “Information Bulletin of the Zonalnensky Rural Settlement”, on the official information site (http: // www. Admzsp. Ru).

4. To recognize as invalid the resolution of the Administration dated 01.01.2001 No. 61 "On the development of the project (adjustments) of the general plan and rules for land use and development" (as revised from 01.01.2001, No. 20).

5. I reserve control over the implementation of this resolution.

Head of the settlement

(Head of Administration)

Annex 1

to the decree

Administration of the Zonalnensky rural settlement

POSITION

ABOUT THE COMMISSION FOR LAND USE AND DEVELOPMENT

1. GENERAL PROVISIONS

1.1. The Land Use and Development Commission (hereinafter referred to as the Commission) is an advisory body under the Head of the Zonalnensky rural settlement, and is created in order to ensure the implementation of the Rules for land use and development of the Zonalnensky rural settlement (hereinafter referred to as the Rules).

1.2. The Commission is formed on the basis of the decree of the Head of the Zonalnensky rural settlement and operates in accordance with the Rules, this Regulation, the Urban Planning Code of the Russian Federation, and other regulatory legal acts regulating its activities.

2. OBJECTIVES OF THE COMMISSION

2.1. The main tasks of the commission are:

Creation of conditions for sustainable development of the territory of the municipality on the basis of documents of urban planning zoning and territorial planning;

Creation of conditions for planning the territories of the municipality;

Implementation of the provisions of the Rules, ensuring that they are amended;

Ensuring accessibility and freedom of participation of citizens and their associations in the implementation of urban planning activities.

3. POWERS OF THE COMMISSION

3.1. The powers of the commission in accordance with the tasks assigned to it include:

3.1.1 development of a project for amending the Land Use and Development Rules;

3.1.2 consideration of proposals from state authorities, local authorities, individuals and legal entities on amendments to the Land Use and Development Rules;

3.1.3 consideration of applications for the granting of permits for a conditionally permitted type of use of a land plot or a capital construction facility, for deviations from the limiting parameters of a permitted construction, reconstruction of capital construction facilities;

4. COMPOSITION OF THE COMMISSION

4.1. The composition of the Commission is determined by the Head of the Zonalnensky rural settlement.

4.2. The Chairman of the Commission is the Head of the Zonalnensky rural settlement, who directs the work of the commission and is responsible for the implementation of the tasks assigned to it. The deputy chairman of the commission is the deputy head of the administration of the Zonalnensky rural settlement.

4.3. The Commission includes employees of the Administration of the Zonalnensky rural settlement, determined by the resolution of the Head of the settlement (Head of Administration). The composition of the approval commission may include: heads (representatives) of structural divisions of the administration of the Tomsk region, the administration of the Tomsk region in the field of architecture and urban planning, management of municipal property, forest and land resources, and other divisions; deputies of the Council of the Zonalnensky rural settlement; representatives of public authorities; representatives of public associations, commercial and non-commercial organizations.

4.4. In the absence of a member of the Commission or the impossibility of his participation in the meeting of the Commission, his powers shall be exercised on the basis of an appropriate order (order or other act) by another representative of the body, organization, structural unit whose representative (which) is the absent member of the Commission.

4.5. The size of the Commission may not exceed 20 people.

5. ORDER OF WORK OF THE COMMISSION

5.1. The Commission carries out its activities in the form of meetings. Meetings are held as the need arises, as well as as appropriate requests and documents are received. Meetings should be scheduled taking into account the requirements for meeting the deadlines for responding to relevant inquiries and appeals, as well as the deadlines for making decisions by the Commission.

5.2. The meeting of the Commission is appointed by the Chairman of the Commission. The meetings of the Commission are chaired by its chairman, and in his absence - by the deputy chairman of the Commission.

5.2. The Deputy Chairman of the Commission prepares documents and materials necessary for holding a meeting of the Commission, organizes work on holding a meeting of the Commission.

5.4. The notification of the members of the Commission on the appointment of the meetings of the Commission is organized by the Deputy Chairman of the Commission. The members of the Commission must be notified of the appointment of a meeting of the Commission at least one week before the date of the meeting. Together with the notification of the appointment of a meeting of the Commission, the members of the Commission are sent the agenda of the meeting of the Commission, information on the content of requests, appeals, other materials that will be considered at the meeting of the Commission. Members of the Commission have the right to request information from the Deputy Chairman of the Commission on issues that are subject to consideration at a meeting of the Commission.

5.5. A secretary of the Commission, a clerk of the Administration of the Zonalnensky rural settlement, is appointed for the office work. The secretary of the Commission is responsible for keeping the minutes of the meeting of the Commission, as well as, by order of the chairman of the Commission, the implementation of other instructions.

5.6. Minutes are kept at the meetings of the Commission. The minutes are kept by the secretary of the Commission. The minutes of the meeting of the Commission shall be signed by the chairman and secretary of the Commission. The minutes of the meeting of the Commission must indicate:

a) the date and place of the meeting of the Commission;

b) the attendance of the Commission members and the presence of a quorum;

c) information about the persons invited to the meeting;

e) documents examined when considering proposals;

5.7. Responsible representatives of the microdistrict where the real estate objects are located are necessarily invited to the meetings of the Commission, for which appropriate recommendations are prepared. These representatives, who are not members of the Commission, have the same voting rights as members of the Commission.

Specialists, other individuals and legal entities, whose presence is necessary to resolve the issues under consideration, or may contribute to this, may be invited to the meetings of the Commission to give opinions and explanations. These persons are not members of the Commission and do not have the right to vote.

5.8. A meeting of the Commission is considered competent if attended by at least 2/3 of the members of the Commission from the total number of members of the Commission.

5.9. The decisions of the Commission are adopted by a simple majority of votes of the total number of members of the Commission present at the meeting. In case of equality of votes, the vote of the Chairman of the Commission is decisive. The decisions of the Commission are recorded in the minutes of the meeting of the Commission. The decision of the Commission can be stated in a separate written act in the form of an opinion, decision, recommendation, etc., which must be signed by all members of the Commission. If a member of the Commission refuses to sign such an act, a corresponding note is made in this act, which is certified by the chairman of the Commission.

5.11. Members of the Commission who disagree with the decision taken by the Commission have the right to state in writing their dissenting opinion, which is attached to the minutes of the meeting of the Commission.

5.12. Any member of the Commission by its decision is exempted from voting on a specific issue if he has a direct interest in resolving the issue under consideration.

5.13. A member of the Commission has the right to independently release himself from participation in voting on a specific issue, if his direct interest in resolving this issue is revealed, or he himself indicates such interest.

Head of the settlement

(Head of Administration)

Appendix 2

to the decree

Administration of the Zonalnensky rural settlement

COMPOSITION OF THE COMMISSION FOR LAND USE AND DEVELOPMENT

Article 9. Commission for Land Use and Development

9.1. The Commission for Land Use and Development of the Urban Settlement "Proletarskiy Settlement" (hereinafter - the Commission) is a permanent advisory body under the head of the administration of the urban settlement and is formed to implement these Rules. The Commission deals with the preparation and amendment of the Land Use and Development Rules, the organization of public hearings for the issuance of permits for the conditionally permitted type of use of the land plot, permits for deviations from the limit parameters of the permitted construction, for planning projects and land surveying projects, territorial planning documents. The Commission is formed on the basis of a resolution of the head of the administration of the urban settlement "Proletarskiy Settlement" and carries out its activities in accordance with these Rules, the Regulations on the Commission, and other acts approved by the head of the administration of the urban settlement.

9.2. Powers of the Commission.

The competence of the Commission includes:

Ensuring the consideration of draft proposals on amendments to these Rules, prepared at the initiative of the city government, at the stage preceding the public hearings;

Conducting public hearings of these Rules (on the issuance of permits for a conditionally permitted type of use of a land plot, permits for deviations from the limit parameters of permitted construction);

Preparation of conclusions for the head of the administration of the urban settlement based on the results of public hearings, proposals for the pre-trial settlement of disputes in connection with the appeals of individuals and legal entities regarding decisions of the administration of the urban settlement concerning land use and development;

Consideration of proposals from citizens and legal entities to amend the rules of land use and development;

Coordination of the activities of local self-government bodies on land use and development;

Organization of preparation of draft regulatory legal acts, other documents related to the implementation and application of these Rules.

Considers other issues related to the implementation of the Rules for Land Use and Development of an Urban Settlement.

9.3. The deputy head of the administration of the urban settlement is appointed chairman.

The composition of the commission should include:

Local government representatives;

Persons representing the public and private interests of citizens (these persons cannot be state or municipal employees);

Persons representing public interests and private interests of individuals and legal entities, public associations and commercial organizations.

The commission may include representatives of government agencies, whose activities may be related to the implementation of land use and development rules.

The Commission carries out its activities in accordance with these Rules, the Regulations on the Commission, and other documents approved by the head of the urban settlement "Proletarskiy Settlement".

The total number of the Commission is determined by the decree of the head of the administration of the urban settlement, but there cannot be more than 9 people.

9.4. The decisions of the Commission are made by a simple majority of votes, provided there is a quorum of at least two-thirds of the total number of members of the Commission. In case of equality of votes, the vote of the Chairman of the Commission is decisive.

The secretary of the commission is an employee of the administration body of the urban settlement, appointed by the chairman of the commission.

9.5. Minutes are kept at each meeting of the Commission, which is signed by the chairperson of the meeting and the secretary of the Commission. Copies of the materials considered at the meeting are attached to the minutes.

The minutes of the meetings of the Commission are open to all interested parties, who can receive copies of the minutes for a fee, the amount of which should not exceed the cost of their production.

The documents considered at the meetings of the Commission, the minutes of the Commission are kept in the archives of the Commission.

9.6. Authorized representatives of enterprises, administrations, commercial structures, where land plots and capital construction projects are located, are obligatorily invited to the meeting of the Commission, for which appropriate recommendations are prepared. These representatives have the right to vote on an equal basis with the members of the Commission.

If there is information about the direct or indirect financial interest of a member of the Commission on a specific issue, about the relationship of a member of the Commission with the applicant on a specific issue, such a member of the Commission should be exempted from voting on a specific issue.

9.7. The meeting of the Commission is chaired by the chairman or deputy chairman. In their absence, the meeting is chaired by a member of the Commission, authorized by the Chairman of the Commission. The results of each meeting of the Commission are documented by a protocol signed by the chairman (deputy) of the Commission and the secretary, to which copies of materials related to the topic of the meeting may be attached. The Commission has its own archive, which contains the minutes of all meetings, other materials related to the activities of the Commission.

9.8. Information about the work of the Commission is open to all interested parties.

The Commission has the status of an advisory body to the head of the executive body of local government (mayor's office or city administration). This means that her conclusions do not have direct force, but are an intermediate link preceding the adoption of a decision by the head of local government. However, the consultative status does not invalidate the Commission or render it useless.

This status is due to the legal fact that the Commission formally does not have the right to make decisions on the disposal of municipal property - this is the prerogative of only elected and appointed authorized bodies of local self-government. Thus, this technology uses an unusual mechanism - the adoption of meaningful (in essence) and formal (legitimate) decisions is distributed among different subjects. For this purpose, the local normative act records that the presence of the Commission's recommendations on relevant issues is mandatory for the head of administration.

9.9. Public hearings by the Commission can be scheduled on weekdays and Sundays. On official holidays, meetings of the Commission and public hearings are not held.

9.10. The commission prepares and submits recommendations to the head of the administration of the urban settlement based on the results of consideration of written opinions and public hearings no later than 7 days after their holding. The Commission provides personal notification to the owners of land plots that have a common border with the plot for which special approval is requested.

1. The Commission for Land Use and Development (hereinafter referred to as the Commission) is formed on the basis of a decree of the head of the administration of the Vyborgsky District Municipality, is permanent and operates in accordance with these Rules, the Regulations on the Commission, and other municipal legal acts regulating its activities.

2. Commission for Land Use and Development:

a) conducts public hearings in the cases and in the manner specified by these Rules;

b) organizes the preparation of proposals on amendments to the Rules on the procedures of Article 24 of these Rules, at the stage preceding the holding of public hearings;

c) ensures consideration of applications for changes in the permitted use of land plots and capital construction objects;

d) ensures the consideration of applications for the granting of permits for conditionally permitted uses of land plots and capital construction facilities;

e) ensures the consideration of applications for the granting of permits for deviations from the limiting parameters of the permitted construction;

f) prepares to the head of the administration conclusions on the results of public hearings, proposals for pre-trial settlement of disputes in connection with appeals of individuals and legal entities regarding decisions of the administration concerning land use and development issues;

g) organizes the preparation of draft regulatory legal acts, other documents related to the implementation and application of these Rules.

3. The personal composition of the Commission, changes made to the personnel, are approved by the head of the administration of the Vyborgsky District MO.

4. The Chairman of the Commission is the first deputy head of the administration of the Vyborgsky District.

5. The Commission includes the heads of structural divisions of the administration of the Vyborgsky District, authorized in the field of architecture and urban planning, property and land management, economics and investments, legal work, other divisions and the head of the settlement administration.

6. The Commission may include deputies of the council of deputies of the settlement at the suggestion of the council of deputies of the settlement, as well as, by agreement, representatives of state bodies in the field of control and supervision, state governing bodies, persons representing the public and private interests of citizens, owners of real estate, public, commercial and other organizations.

7. The Commission carries out its activities by conducting regular and
extraordinary meetings. Regular meetings of the Commission are held at least once
at three months. Extraordinary meetings of the commission may be held on the initiative
the chairman of the commission or at least half of the members of the commission.

8. A meeting of the Commission is considered competent if attended by more than half of its members.

9.The chairman of the commission, and in his absence - the deputy chairman of the commission,
carries out general management of the work of the commission, signs documents,
prepared by the commission, appoints regular and extraordinary meetings of the commission.

10. Members of the Commission participate in the meeting of the Commission in person, without the right of substitution.

11. The decisions of the Commission are adopted by a simple majority of votes from the number of members of the Commission participating in the meeting. In case of equality of votes when making a decision, the vote of the Chairman of the Commission is decisive.

12. The Commission has the right:

Engage specialists from institutions and organizations in the field of urban planning activities to prepare appropriate recommendations;

Request documents, materials necessary for the implementation of the work of the commission;

Monitor the implementation of the decisions made by the commission.

Prepare proposals to the head of the administration of the settlement and the head of the administration of the Vyborgsky District MO on issues related to the activities of the commission.

Invite to the meetings of the commission persons whose interests are affected by the planned urban planning activity;

Exercise other rights related to the activities of the commission, in accordance with applicable law.

Article 10. Content and scope of application of the land use and development procedure established by the Rules

1. Regulation of land use and development by the local government bodies of the settlement and the Vyborgsky District municipal district shall be carried out in accordance with the procedure established by these Rules and other regulatory legal acts of the settlement and the Vyborgsky District municipal district in accordance with federal legislation.

2. The procedure for land use and development established by these Rules applies to changes in capital construction facilities, except for the following cases:

1) repair of existing capital construction projects during which the structural and other characteristics of the reliability and safety of such facilities are not affected;

2) carrying out the reconstruction and (or) redevelopment of premises;

3) replacement of engineering and technological equipment;

4) interior finishing work and other similar changes.

These changes in capital construction facilities are carried out in compliance with technical regulations and other regulatory requirements in accordance with the procedure established by local authorities, based on the legislation of the Russian Federation.

3. Compliance with the procedure for land use and development established by these Rules is ensured by the local self-government bodies of the settlement and the Vyborgsky District municipal district:

when granting permits for deviations from the limiting parameters of the permitted construction, reconstruction of capital construction objects;

when issuing permits for the construction of capital construction projects;

when issuing permits for the commissioning of capital construction facilities;

when issuing permits for a conditionally permitted type of use of a land plot, capital construction object;

when preparing and making decisions on the development of documentation for the planning of the territory;

when checking the prepared documentation for the planning of the territory for compliance with the requirements established by law;

when approving documentation for the planning of the territory;

when preparing and issuing to interested individuals and legal entities urban planning plans for land plots;

when establishing public easements;

when registering a change in the type of permitted use of a land plot and (or) capital construction object by the rightholder of the land plot and (or) capital construction object;

To ensure the interests of land owners, developers and investors, our specialists have sufficient experience and professional contacts to offer their services for amending the Rules for Land Use and Development of Moscow and support for the activities of the City and District Commission on Urban Development, Land Use and Development.

If you are really interested, you can contact us with all the available documentation for the project, get a plan and cost of further actions.

The concept itself - the Rules for Land Use and Development (LPZ) - is provided for by the Town Planning Codes of the Russian Federation and the city of Moscow and is a document of urban planning zoning, establishing territorial zones, town planning regulations, the procedure for applying the document itself and the procedure for making these changes. PZZ must be approved by regulatory legal acts of local government bodies, government bodies of the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg.

March 28, 2017 Moscow Government Resolution N 120-PP "On Approval of the Rules for Land Use and Development of the City of Moscow" (hereinafter referred to as the PZZ of Moscow 2017) came into force.

In accordance with this resolution, the rules were directly approved, which are a description of the very order of development, that is, the text part of the document, and the graphic part depicting the territory of the city and its territorial zones, on which specific parameters and types of development of specific territories and land plots are established.

PZZ establish several types of functional zones that regulate the limiting parameters of development and the types of permitted use of land plots that are part of a particular zone. The main difference between the types of functional zones is that for some (type 1), the quantitative characteristics of the possibility of placing capital construction objects (building density, building height, the maximum percentage of building within the boundaries of the land plot) are used, provided for by the LZZ of Moscow 2017 (Table 1) , for others (type 2) - either urban planning regulations are not established, or their actual use is allowed.

The actual use of the land plot is understood as the situation that developed at the time of preparation and approval of the planning projects of these territories in the process of preparing the PZZ of Moscow 2017, namely information on the type of permitted use of the land plot and the parameters of capital construction objects located on this land plot contained in the base of the Unified State Register of Real Estate (USRN). At the same time, the parameters of type 2 sites can be significantly lower than those of type 1 sites, although these sites can be located within the same region.

This circumstance makes type 2 plots potentially attractive for investments aimed at new construction of residential and commercial real estate, as well as the reconstruction of existing capital construction facilities in order to increase the total area of ​​the object to the standards prescribed in the RZZ for type 1 plots.

Prior to the adoption of the Moscow Land Regulations 2017, the main document containing all the necessary initial data for the design was the Urban Development Plan of the land plot. All the parameters of the upcoming construction or reconstruction necessary for the developer were agreed with the interested authorities in the process of developing or adjusting the GPZU.

Now the legal regime for the use of land plots has already been established by the entered LZZ, and changes in the actual use of the land plot for the purpose of new construction or reconstruction are possible only after changes are made to the LZZ.

Article 38 of the City Planning Code of the City of Moscow (Civil Code of the City of Moscow) regulates the procedure for amending the rules of land use and development. In accordance with the provisions of the PZZ and the City Planning Code of Moscow, the PZZ may be amended in order to:

• Changes in the type of permitted use of the site;
• The need to assign a conditionally permitted type of land use;
• Increasing the limiting parameters of the capital construction object on the site;

When the LZZ that came into force do not provide for your land or significantly limit the possibilities of new construction, when reconstruction with a change in TEPs is impossible, when the territorial zone that includes the site does not provide for the VRI site necessary for your project, it is necessary to make changes to the LZZ.

If the boundaries of the territorial zone established in the LZP or the adopted urban planning restrictions on your land do not meet the needs and interests of the project owners and impede investment activities, amendments to the LZZ are also required.

In accordance with the Resolution of the Moscow Government dated April 7, 2009 No. 270-PP, the City Commission for Urban Planning, Land Use and Development under the Moscow Government (KGZZ) and the Okrug Commission are empowered to organize procedures for amending the land use and development rules for Moscow. on issues of urban planning, land use and development under the Government of Moscow.

The initiator of amendments to the PPZ can be an individual or legal entity (applicant) who has formalized rights to the land plot in respect of which the changes are proposed.

The procedure for making changes to the Moscow PZZ is shown in the block diagram:

Thus, you can see how changes are made to the PPZ, the order is approximately the following.

Even before the KGLZ considers the issue of the possibility and necessity of making changes to the PPZ, the application is received, registered, the presence of the necessary documents is checked, the list of which is not defined by any normative acts, the documents are formed and the deficiencies are eliminated. At the same time, the existence of grounds for refusal is not an obstacle to considering the issue at the KGZZ. Therefore, any consideration by the commission of your application may sooner or later lead to a decision, the justification of which rests on the shoulders of the initiator.

It should not be forgotten that a positive decision to amend the PPZ is not an obligation, but the right of the KGZZ, based on not contradicting the interests of all participants in the urban planning process.

Therefore, in order to avoid rejection of your proposal, you should carefully consider the issue of preparing documents justifying the need to change the PPZ in Moscow. It is advisable to understand the prospects even before contacting the Commission.

In this, the risk of getting a refusal can be significantly reduced by town-planning study and study of the town-planning potential of a land plot, including for the possibility of amending the rules of land use and development of Moscow.

It should be noted that the availability of reliable urban planning information will make it possible for the Commission to formulate sufficient justifications for the need to make a decision on the preparation of a draft amendments to the PZZ.

The City Commission can request opinions from the authorities for the control of various areas (protection of the environment or objects of cultural heritage, etc.). In the absence of negative conclusions, the City Commission instructs the District Commission to organize the consideration of this project at public hearings. At the same time, the Council of Deputies of the region in which the land is located, in relation to which changes are being made to the PZZ, does not have the last word on the submission for consideration.

The city commission on land use and development discussed the results of public hearings on amendments to the rules for land use and development (PZZ) for the site at Okulova, 14. Its area is 1 hectare. This is the territory of the Cultural Center "Telta", which is in an emergency condition. The authorities plan to demolish it and involve the asset under the hotel construction project. For this, the regional Property Ministry in the spring turned to the commission and proposed to change the zoning of the site from Ts-2 (service and business activity area of ​​local significance) to the Ts-5 zone. Permitted uses in Ts-5 - markets, warehouse facilities, shops, shopping malls, car dealerships, hotels. The regional department also asked to establish new height limits for this section - 52 m instead of the current 20 m.

Public hearings on the draft amendments to the PZZ took place on August 6. Architect Gennady Vozhennikov, who recently became a member of the land use commission, presented his comments and suggestions on changing the protection zone of cultural heritage sites. “I have been doing visual landscape analysis of the situation with monuments for 18 years already. I have never seen such an illiterate approach to the site, ”Mr. Vozhennikov said today at a meeting of the commission. He explained that he analyzed the situation when working with the neighboring section and noted that it is impossible to increase the height to 52 m “under no circumstances”: “This mark overlaps the bell tower - the visual dominant of Perm. At the same time, according to Gennady Vozhennikov, the project itself is "very good", but it needs to be finalized. The project, according to the architect, is "insanely crude", since no graphic analysis was made, the graphic images of the hotel were not inscribed in the relief, were not calculated from the absolute marks of the city. Experts from the Department of Urban Development said that the project is being approved in terms of cultural heritage protection zones. “Let's ask the Ministry of Property Management to provide evidence and justification, especially regarding the change in altitude,” suggested the chairman of the commission, Viktor Ageev. The issue of sending the draft amendments to the PPZ for final approval at the Duma was postponed.

The building of the recreation center "Telta" with an area of ​​5.7 thousand square meters. m has been in the regional ownership since 2005, the site has been in 2006. Five years ago, the regional authorities were going to transfer the Palace of Culture to the Institute of Culture to expand the area, but it did not come to implementation. In addition, this site has been repeatedly considered for the new building of the Perm Art Gallery. The last time the regional authorities returned to this idea last spring, but then the question of new areas for the gallery and their location was postponed. The artistic director of the U Mosta theater, Sergei Fedotov, was also interested in the building of the Palace of Culture, who suggested that the regional leadership transfer the building to the theater.