05. RESIDENTIAL TOWNSHIPS
REGULATIONS FOR RESIDENTIAL TOWNSHIPS
Notwithstanding the byelaws as defined in Section A-Administration, the following Regulations for Residential Townships shall be applicable as stipulated herewith.
57. SHORT TITLE, EXTENT AND COMMENCEMENT
57.1This regulation may be called “Meghalaya Regulations for Residential Townships”.
57.2. Notwithstanding any definition in Section A of the Bye Laws, definition given in this chapter will be applicable for interpretation of the provision of this chapter
57.3. It shall come into force on such date as per order of the State Government.
58.1These regulations shall apply to any Residential Townships proposed in the state of Meghalaya.
59.1. “Act” shall mean the Meghalaya Town and Country Planning Act 1973 (Assam Town and Country Planning Act, 1959 as amended and adopted by Meghalaya);
59.2Authority” shall mean authority as defined under Act;
59.3.“Competent Authority” shall mean any person / persons or authority or authorities; authorized by the Authority as the case may be to perform such functions as may be specified under these regulations;
59.4. “Township Developer” shall mean and include a owner /person/persons/registered cooperative society/association/firm/company/joint ventures/institution/trust entitled to make an application to develop any township; Provided that for Residential Townships having Foreign Direct Investments (FDI), these shall be regulated as per Govt. of India norms; 59.5.“Greater Shillong Planning Area” shall mean the Master Plan Area as defined in Shillong Master Plan 1991-2011 or the subsequent Master Plans to be notified for Shillong;
59.6.“Gross Plot Area” shall mean area after subtracting of the land under Public purpose infrastructure from the total area of the township;
59.7.“Floor area ratio (FAR)” shall mean FAR permissible under MBBL;
59.8“Government” shall mean the Government of Meghalaya;
59.9. “Residential Township” shall mean a parcel of land owned by a township developer subject to;
a.Minimum 65% of the land eligible for developing, after deducting the land used for public purpose infrastructure, is put to residential use;
b. Minimum area not less than 10.00 hectares in case of Greater Shillong Planning Area and an area not less than 5.00 hectares in case of other towns; In conformity with the intent and spirit of these regulations, the State Government may, if required in appropriate cases, relax the criteria for the minimum land required to be eligible for a residential township.
59.10. “Notified Areas” shall mean an area requiring special attention considering its overall balanced development and is notified under these regulations;
59.11“Infrastructure” shall includes roads, streets, open spaces, parks, playgrounds, recreational grounds, water and electricity supply, street lighting, sewerage, drainage, storm water drainage, public works and other utility services and conveniences;
59.12. Cross over Infrastructure” shall be the part of the infrastructure which is required to pass through the township so as to provide the facility to the township vicinity area;
59.13.“Public Purpose Infrastructure (PPI)” shall mean the infrastructure provided as per these regulations which the developer shall: - develop, as per prescribed guidelines and on completion transfer it to the Authority; - operate and maintain for the maintenance period; - shall carry out development as per the specifications approved by the Authority; For the Purpose of administration the PPI shall vest with the Authority;
59.14.Zone” shall mean the zone as designated in the prevalent sanctioned development plan;
59.15 “MBBL” shall mean the prevalent Meghalaya Building Bye-Laws applicable to the State of Meghalaya;
59.16.Maintenance Period” shall mean minimum period of seven years after which the developer may hand over to the Authority, the infrastructure and land for public purpose. This period shall be calculated from issue of building permit; 59.17 “Prescribed Officer” shall be Town Planning Officer of Meghalaya Urban Development Authority having jurisdiction over the proposed township area or any other officer notified for the purpose by the Government.
60.DUTIES OF THE PRESCRIBED OFFICER
For the purpose of these regulations, the prescribed officer:
60.1. Shall within 30 days from the receipt of the application, scrutinise the plan as per these regulations and recommend to the Government to approve or reject the proposal with reasons;
60.2. Shall monitor and approve the stages of construction as per provisions of MBBL;
60.3. May deny, after giving reasons in writing, if the proposal of the township forms a part of any notified water body or any difficult area;
60.4May recommend to the Government to allow the benefits available under any scheme of the State or Central Government;
60.5Shall carry out surveys and studies for any area to be considered for allowing specific benefits under these regulations and recommend to the Government to declare any area to be a notified area.
61.STATE LEVEL SCREENING COMMITTEE
State Level Screening Committee of the member mentioned hereunder shall review the proposals received from the Prescribed Officer and recommend to the State Govt. for approval or otherwise.
||Principal Secretary, UAD
||Principal Secretary, Rev
||Principal Secretary, Law
62. PROCEDURE TO NOTIFY AN AREA
62.1. Subject to the provisions of these regulations and the MBBL, the State govt. may on recommendation from the State Level Screening Committee on a proposal received from the Prescribed Officer, notify any area, which would require special benefits under these regulations.
62.2. The Government shall notify such area in the official gazette declaring any area to be notified area specifying the extent of limits of such area.
62.3.For awareness, the Government shall publish the notification in at least two daily local newspapers.
63. PROCEDURE FOR SECURING THE PERMISSION
63.1.Subject to the provisions of these regulations and the MBBL, any township developer intending to develop any residential township under these regulations, may apply under section 13 of the Meghalaya Town and Country Planning Act, 1973 (Assam Town and Country Planning Act, 1959 as amended and adopted by Meghalaya), to the prescribed officer along with the required documents.
63.2. With regard to procedure, the manner of application, the documents to be submitted, unless otherwise prescribed, the provisions of MBBL shall apply mutatis mutandis.
64.CONTENTS OF THE TOWNSHIP PROPOSALS:
The proposal shall include:
64.1. Master Plan of the area: - demarcating the details for all parcels of land separately for - Public purpose infrastructure; - Primary infrastructure; - Rest of the uses.
64.2.Detailed area statement of each parcel of land as mentioned in 8.1 and the FAR calculations;
64.3. Layout of buildings and infrastructure as per MBBL;
64.4. Detailed plans for the buildings and infrastructure;
64.5.Estimates to develop the infrastructure separately for crossover infrastructure, other infrastructure;
64.6.Details of project finance;
64.7. Management plan including proposals for maintenance and upkeep;
64.8. Proposal expressing the ability to develop and maintain such project.
65. PUBLIC PURPOSE INFRASTRUCTURE
65.1.Cross over infrastructure and roads
65.1.1 Cross over infrastructure: The cross over infrastructure shall be provided as per the specifications of the Authority; The total area of the cross over infrastructure shall be minimum 5% of the Township area of 20 hectares, and for each additional area of 10 hectares the cross over infrastructure shall be provided @ 6%.
65.1.2. Roads: Minimum area for roads shall be 15% of the township area excluding the area for cross over infrastructure; The road network shall be provided in proper hierarchy and as per the standard road widths proposed for the area by the Authority; Should match with the proposed primary/secondary level roads in the vicinity; Should include sufficiently wide road as prescribed by the Authority, on a part of the boundary where primary/secondary level road does not abut; Within 6 mts distance on either side of the road, trees shall have to be planted and maintained till the maintenance period.
66. OTHER AMENITIES 7% of gross plot area for school, health centres, other public amenities and commercial uses; and 8% of gross plot area for organised open spaces, parks and garden, catering to the neighbourhood with public access. Such plots shall have a minimum area not be less than 2000 sq mts; The township developer shall have to provide space for fire brigade services. Such services shall be operated and maintained by the township developer but for the purpose of administration, it shall be manned by the State Fire Services staff.
67. SOCIALLY & ECONOMICALLY WEAKER SECTION HOUSING (SEWH) AND OTHER INFRASTRUCTURE
67.1.Socially & Economically Weaker Section Housing (SEWH):
The township developer shall develop 20% of the gross plot area for housing for socially & economically weaker sections and 5% consumed FAR as floating floor space attached with other residential dwelling units to be used for the servants, drivers etc; The township developer shall develop the SEWH as per the regulations to be prescribed by the Authority;
To meet the difference of cost of construction of SEWH and cost of selling such units to the socially and economically weaker sections, the State Government will provide incentives to the township developer. Such incentive will be prescribed by the State Government; The township developer shall develop and dispose such housing units in consultation with the Authority.
68. PHYSICAL PLANNING PARAMETERS
68.1.Filling up or reclamation of low-lying or swampy areas, or levelling up of lands as required;
68.2. Planning and design of lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and ensure that there is no discontinuance of communications in any cases;
68.3.Planning and design of layout of new streets and roads/cycle tracks giving access to the existing habitation if any within or in its vicinity or likely for any town planning scheme in the vicinity to develop in future. Width and alignment of such roads shall be suggested by the Authority;
68.4.Design the circulation pattern to include segregation of pedestrian and vehicular traffic, entry control, access of emergency vehicles to every block, provision of adequate parking etc;
68.5. Plan and design the neighbourhood regarding circulation system, including safety requirements. This shall be governed by the BIS or as per the norms of the Authority;
68.6. Design the sewerage system for reuse of water and zero discharge and arrange to operate on permanent basis;
68.7. Provide system to harvest rainwater for ground water recharge; 68.8. Provide for roof top rain water harvesting;
68.9.The developer shall plan to provide 140 lpcd of potable water;
68.10. Ensure to collect, treat and dispose drainage in the township area. However for future shall make provision for connecting it to the city drainage system;
68.11. Ensure continuous and quality power supply;
68.12. Provide connectivity to nearest primary or secondary level road;
68.13. The natural drainage pattern shall be maintained without any disturbances. However measures to improve efficiency will be allowed;
68.14. Transit space and facility of segregation of biodegradable and recyclable solid waste shall have to be provided;
68.15. Space and separate access required as per rules shall have to be provided for power distribution;
68.16. For public areas and commercial building, so far possible provided energy of non-conventional sources;
68.17. Street-lights shall be operated using solar power as far as possible;
68.18. Make provision for Harvesting & Recharging system of Rain Water;
68.19. Shall comply with the regulations for natural hazard prone areas;
68.20. Minimum 200 trees per hectares of appropriate species, shall have to be planted and nurtured for the maintenance period;
68.21. Suitable landscape shall have to be provided for open space and gardens;
68.22. Urban design and heritage to be ensured.
69. RESPONSIBILITIES OF THE TOWNSHIP DEVELOPER:
The township developer shall with regard to the township shall:
69.1. Acquire/own/pool the land at his own expenses;
69.2.Provide at his own expense the facilities mentioned in clause 8 and 9;
69.3. Develop the township at his cost as approved;
69.4. Develop the land and buildings within for public purpose infrastructure as approved;
69.5. Provide an undertaking about the terms and conditions to maintain and upkeep of the infrastructure;
69.6.Disclose to the beneficiaries the entire details of the plan, design, the contract and other details affecting the beneficiaries;
69.7.For the maintenance period, maintain and upkeep as per the undertaking, the infrastructure other than the public purpose infrastructure;
69.8. For the maintenance period, maintain and upkeep the land and property used for public purpose infrastructure;
69.9. Develop the public purpose infrastructure as per the specifications prescribed by the prescribed committee;
69.10. On issue of building use permission, the township developer shall execute a bank guarantee equivalent to 2% of the cost incurred for the infrastructure. The authority shall revoke this bank guarantee if required to maintain the infrastructure. On expiry of the maintenance period, this guarantee shall be converted into a corpus fund of the members of the cooperative society;
69.11. On expiry of the maintenance period, he shall transfer the public purpose infrastructure, free from all encumbrances to the competent authority. To this effect the township developer shall give an undertaking;
69.12. On issue of the building permit, organize to form a registered cooperative society of all beneficiaries, elect a promoter/president, issue share capital to each of the beneficiary;
69.13. The developer shall create the common facilities and community utilities as per clause No.9 (public purpose infrastructure) and handed over to the Authority after the maintenance period;
69.14. In disposing off the housing units the provisions of the Meghalaya Transfer of land (Regulation) Act will be followed.
70. GRANT/REFUSAL OF THE PERMISSION
70.1.On the receipt of the recommendation of the authority or otherwise, the State Government under section 14 of the Act, may relax the MBBL and these regulations to grant or refuse the proposal;
70.2.Validity and lapse of the permission shall be according to the provisions of MBBL;
70.3Interpretation of these regulations:
70.3.1.If any question or dispute arises with regard to interpretation of any of these regulations the decision of the State Government shall be final;
70.3.2 In conformity with the intent and spirit of these regulations, the State Government may, if required in appropriate cases, use the discretionary powers to decide in any of the matters.
71. FLOOR AREA RATIO The FAR to be followed for this regulation shall be as prescribed in the MBBL.
72.BUILT-UP AREA, COVERAGE AND HEIGHT RESTRICTIONS The Built-up area, coverage and height restrictions to be followed for this regulation shall be as prescribed in the MBBL.
73. ZONING, GROUND COVERAGE & OTHER REGULATIONS
73.1. Irrespective of any zone, uses in the township shall be permissible as proposed in the application under these regulations. Provided that such permission can be denied by the State Government on account of safety. 73.2. Where ever not mentioned, the provision OF MBBL shall be apply mutates mantis.
73.3. Even after approval under these regulations, permissions from Department of forest and Environment and Meghalaya State Pollution Control Board for EIA clearance and necessary permission from relevant department, as required shall be mandatory.
74. DEVELOPMENT OF EXTERNAL SERVICES (OFFSITE INFRASTRUCTURE)
The township developer shall provide the offsite infrastructure and shall:
74.1.Connect to the existing road or development plan road or town planning scheme road and maintain the prescribed width as prescribed by the Authority.
74.2.The developer shall himself provide water supply at his own or connected with the city system.
74.3.Arrange to collect, treat and dispose in the township area. However for future shall make provision connect to the city drainage system.
74.4. Arrange for the power supply.
74.5. Bear the entire cost for the offsite infrastructure.
75. SUPERVISION AND MONITORING OF THE QUALITY OF CONSTRUCTION
75.1 To ensure that the quality of construction of public purpose infrastructure the Authority shall ensure to supervise the quality and timely execution of the project as per provisions of MBBL.
75.2. The developer shall deposit 2% of the estimated cost of cost of public purpose infrastructure. Such deposit shall be refunded once the consultant furnishes the completion certificate to the Authority and the Authority accepts the same.
76. GRIEVANCES REDRESSAL
76.1. Any occupant of any of the buildings who is entitled to use the facilities shall have a right to lodge his complain before the Authority.
76.2. The Authority shall, on the merits, address the issues and: - direct the developer to resolve the issue. - may resolve the issue by reconstructing/repairing at the cost of developer.
76.3.The Authority shall recover the cost by revoking the bank guarantee for the cost incurred for the works required to be done by the prescribed authority as per above clause.