06.MISCELLANEOUS PROVISIONS



SECTION –H

MISCELLANEOUS PROVISIONS 

77. INSTALLATION OF COMMUNICATION TOWERS

77.1.  Definition: Communication tower shall include antennae fixtures, fabricated antenna, tower to install the telephone lines and transmission towers. This will not include the antennas installed for domestic purpose, namely television antennas or dish antennas.

77.2.  Application for permission  

7.2.1.  Location: The telecommunication Infrastructure shall be either placed on the building roof tops or the ground or open space within the premises.    

77.2.2.  Type of structure:  

(i)  Steel fabricated tower or antennas on M.S. pole  

(ii)  Pre-fabricated shelters of fibre glass or P.V.C. on the building roof top/terrace for equipment.

(iii)  Masonry Structure/Shelter on the ground for equipment.

(iv) D.G. Set with sound proof cover to reduce the noise level.

77.2.3. Requirement: Every applicant has to furnish the following -  

(i)  Obtain/procure the necessary permission from the “Standing Advisory Committee on Radio Frequency Allocation” (SACFA) issued by Ministry of Telecommunications.

 (ii)  Site plan in the scale of 1:200

(iii)  Agreement with the owner of the land/building containing his consent alongwith proof of ownership.

(iv)  Drawing of tower with complete details including specifications of foundations and design parameters.

(v)  Height of the tower alongwith its elevation.

(vi)  In case the tower is in the vicinity or adjoining to high or low tension line then the distance from the same shall be clearly indicated in the drawings. NOC from the Me SEB has to be furnished accordingly.

(vii)  Produce the structural stability certificate from the registered structural engineer which shall be the liability of both parties i.e. the engineer and the company erecting the tower.

(viii)  In case it is a RTT, the applicant has to produce/submit approved buildings plans along with the structural safety certificate from the registered structural engineer that the building can take the additional load of the tower.

(ix)  For GBTs, a soil test report has to be submitted.

(x)  Indemnity bond to take care of any loss or injury due to accident caused by the tower (including a declaration to the effect that the application shall take special precaution for fire safety and lightning and he shall be solely responsible for paying all kinds of compensation and damages and would be responsible for ant civil or criminal case arising there from).

(xi)  Mobile companies shall indicate the capacity of tower or antenna in megawatt.

(xii)  In case the tower is proposed in residential areas or in the vicinity thereof or near public or semi-public buildings, NOC from owners of adjoining buildings and requisite stakeholders shall have to be obtained.

(xiii)  No towers shall be permitted to be erected within 100m radius of schools, colleges, hospitals, nursing homes, religious institutions, lifeline buildings and the like. Antenna should not face hospitals nursing homes, religious institutions, lifeline buildings and the like and should be placed at a minimum of 3mts above the base.   

(xiv) In case the mobile tower is proposed to be installed in the vicinity of any airport, NOC from the Airport authorities shall be submitted.    

77.2.4. Projections:   (i)  No Pager and/or Telephone Tower shall project beyond the existing building envelop of the building on which it is erected in any direction.

(ii)  The distance of the tower from the electric line or pole or tower thereof shall not be less than the height of tower plus requisite distance from respective high or low tension line.

77.2.5. Any other information / data required by the Authority  

77.3. Sharing of tower:  The telecom operators may share the towers for fixing their respective antennas. The same are required to adhere to the prescribed technical requirements, so as to curtail multiplicity of towers as well as to optimize the use of the existing ones.   

78. SIZES OF SEPTIC TANKS  

Table XI 

No of user Length in Meter Width    in    Meter Domestic tank Liquid depth in Meter
5 1.50 0.75 1.00
10 2.00 0.90 1.00
15 2.00 0.90 1.30
20 2.30 1.10 1.30
50 4.00 1.40 1.30
For Housing colonies
100 8.00 2.60 1.00
150 10.60 2.70 1.00
200 12.40 3.10 1.00
300 14.60 3.90 1.00
Hostels, Boarding Schools
50 5.00 1.60 1.30
100 5.70 2.10 1.40
150 7.70 2.40 1.40
200 8.90 2.70 1.40
300 10.70 3.30 1.40

 79. ACQUISITION OF LAND  The Authority may refuse to grant permission for any construction or addition or alteration of building if any site is intended to be acquired by the Government for any public purpose for which a Notification under section 4 of land acquisition Act has been published. In the case of plots, proposed to be sub-divided the sanction of the Authority for such Sub-division shall be obtained under section 27 of Meghalaya Town country Planning Act, 1973.

 80. New Plot  

80.1. Addition to existing Plot: When one or more new plots of land are added to one or more premises by way of amalgamation or otherwise, the existing buildings on any such plots may be considered to be in accordance with these byelaws at the material time when the building/buildings was/were sanctioned are satisfied considering amalgamated plot to be one parcel of land. Addition and alteration to the sanctioned building or addition of a new building or new block or newly added land/lands may be permitted as per prevailing byelaws considering amalgamated land to be one parcel of land.  
 (b).  Sub-Division of Plots  
When a plot has fully utilised its coverage & F.A.R., further sub division is not permissible. However if some percentage of coverage & F.A.R.is left after sub-division, the sub-divided plots are entitle only the balance coverage & F.A.R. 

81. Linking of two blocks  If there are two adjacent plots or adjacent buildings belonging to the same owner, gangways between these two buildings may be permitted at any level, subject to the condition that it does not obstruct movement of vehicles or fire vehicles, as the case may be, the minimum width of the gangway being not less than that of a stairway.  

82. Rain Water Harvesting   

82.1. Water Harvesting: Water harvesting through storing of water runoff including rainwater in all existing and new buildings on plots of 100 sq.mt. and above will be mandatory. The plans submitted shall indicate the system of storm water drainage along with points of collection of rain water in surface reservoirs or in recharge wells.  

82.2.   Soft Cover: Provision for soft cover should be included in the plan for building sites-   

82.2.1.  For any building having a minimum covered area of 500 sq. m, the applicant should provide soft cover of at least 15% of the plot area.   

82.2.2. For any other building, having lesser covered area, the soft cover should be atleast 10% of the plot area.   

83. Recycling of waste

water All buildings having a covered area of 500 Sq.mts or minimum discharge of 10,000 lt. and above per day shall incorporate waste water recycling system. The recycled water should be used for non drinking purposes.   

84. INCENTIVES FOR OWNERS LEAVING MORE SETBACKS / RAIN WATER HARVESTING / RECYCLING OF WASTE WATER:  

84.1.The following incentives in terms of rebate in building permission fees will be given by the Authority for owners or their successors-in-interest who:   

84.1.1. Construct the building /blocks by leaving more setbacks than the minimal stipulated in these byelaws:   
Leaving 1.5 times or more the minimum setbacks in all sides:  10 % rebate on building permission fees will be allowed provided the setbacks has to be on all sides to qualify for the rebate. Leaving more on one side and the minimum on other sides would not qualify for such rebate.

84.1.2.Undertake both recycling of waste water and rain water harvesting structures:    10 % rebate on building permission fees will be allowed.  

84.1. 3. Where owners provide at least 25% additional parking space over and above the minimum they would be allowed for a rebate of 10 % in building permission fees.  

85. Energy Conservation Building:

Building or building complexes having a connected load of 100 KW will be regulated as per the Energy Conservation Code 2007 as amended. Generally buildings or complexes having air conditioned area of 1,000 sq m or more will also fall under this category.  

86.  Applicability of the Bye Law to the existing Building  

86.1.  The provisions of these bye-laws shall not apply to the existing building, however in case of any addition, alteration, erection or re-erection in the existing building, the provision of this bye law shall apply.   

87.  GASOLINE (MOTOR FUEL) FILLING STATIONS AND GASOLINE FILLING CUM SERVICE STATIONS  

87.1.  DEFINITIONS   

87.1.1.  The term “Filling station” is a piece of retail business engaged in supplying and dispensing of Gasoline (Motor Fuel) and motor oil essential for the normal operation of automobiles.   

87.1.2.  The term “Filling cum Service Station” is a place of retail business engaged in supplying goods and services essential for the normal operation of automobiles. These include dispensing Gasoline and Motor oil the sales and services of tyres, batteries and other automobiles accessories and replacement item and washing and lubrication. They do not include the body of tender work, painting or other major motors repairs and over hauling. 

87.2. Clearance of installation of the Petrol Pump under provisions of the Petroleum Act, 1934 read with Petroleum rule, 1973 rules 155 of the Petroleum Rule 1937 is to be sanctioned by the District Magistrate   

87.3.  N.O.C., is to be obtained from Public Works Department for all proposals whether in the National Highway, State Highway etc., While N.O.C. is issued, due consideration are to be given on factors like congestion of the locality, movement of vehicles traffic in the particular road etc.  

87.4. Layout plans for installation of the facilities at the retail outlet such as underground tank, pipeline, dispensing pump. Sale room/office. Drainage, toilets, electrical layout are to be approved by the Explosive Department, Government of India.  

87.5.  The distance to be kept from the dispensing pump of the three side i.e., side and rear should not be less than 15 meters distance from a residential house. The frontage should conform as per the Indian Road Congress 13 – 1967 (IRC – 13. 1967). For installation of Petrol Pump the recommended practice for location and layout of roadside, motor filling and motor fuel filling-cumservice station should conform as per the Indian road congress 12-1983 and 13-1967 (IRC – 12 – 1983), (IRC – 13 – 1967).  

87.6.   The following shall be applicable for locating the petrol pump cum service stations.  

87.6.1. Minimum distance from the road intersections.   

(a)  For minor roads having less than 30 mt. R/W  : 50 mt.   

(b)  For major roads having R/W 30 mt. or more : 100 mt.  

87.6.2.  The minimum distance of the property line of pump from the center line of the Road should not be less than 15 meters on roads having less than 30 mt. R/W. In case of roads having 30 mt. or more R/W the R/W or the road should be protected.   

87.6.3. Plot Size  

(a) Only filling stations 30 mt. x 17 mt. and small size 18 mt. x 15 mt. (for two and three wheelers)   

(b) Filling-cum-service station minimum size 36 mt. x 30 mt. and maximum 45 mt.x 33 mt.   (c)   Frontage of the plot should not be less than 30 mt. 

(d) Longer side of the plot should be the frontage.   

87.6.4.  Other Controls   

87.6.4.1.  Filling-cum-service station (size 30 mt. x 36 mt. x 45 mt.)   

i.  Ground coverage   :  20%   

ii. FAR    :  20   

iii. Max. Height   :  6 mt.   

iv. Canopy Equivalent to permissible ground coverage within setback line.   

v.    Front Setback     :  Min. 6 mt.  

87.6.4.2.  Filling Station (size 30 mt. x 17 mt. and 18 mt. x 15 mt.)   

i. Ground coverage   :  10%   

ii. FAR    :  10   

iii. Max.Height   :  6 mt.   

iv. Canopy Equivalent to permissible ground coverage within setback line.   

v. Front Setback    :  Min. 3 mt   

87.6.5.  Other Regulations   

(i) Shall be acceptable to explosive/Fire Deptt.  

(ii)Ground coverage will include canopy area   

(iii)Mezzanine if provided will be counted in FAR  

87.7. Compressed Natural gas (CNG) Mother Station   

(i)   Plot Size (Max.)  :  36 mt. x 30 mt.   

(ii)  Maximum ground coverage :  20%   

 (iii) Maximum Height  :  45 mt. (single storey)   

(iv) Building Component Control room/office/Dispensing room Store, pantry and W.C.     

 88.  Occupancy: The occupancy of any building or part thereof shall be governed by the following provisions. The usage of plots proposed for development/redevelopment shall be governed by the provisions contained in the Development Plan of the Town or City or any detailed Town Planning Scheme prepared for the locality, provided where no such Plan exists, the Usage of Plots shall be approved by the Authority.  

88.1 The description of the Occupancies are given below:-  

88.1.1.   Residential Building: These shall include any building in which sleeping  accommodation is provided for normal residential/hostels purposes.  

88.1.2.  Residential Apartment (Flats): These shall include one or two or multi family dwellings with residential accommodation.   

88.1.3. Institutional buildings: - These shall include any building or part thereof used for School, College, Primary and Nursery School, education or research purpose, Hospitals, clinics, homes for the aged and inform convalescent homes and orphanages ,mental hospital etc.  

88.1.4. Mercantile (Commercial) Building: These shall include any building or part of the building, which is used for display and sale of merchandise such as shops, stores, markets etc., either wholesale or retail, banking and financial institutions, Private business houses and professional establishments of doctors, dentists, tailors etc. beauty parlour, barber shops, news stands, milk booths, lunch counters, restaurants, Hotels and Motels.  

88.1.5. Government or Semi-Public Business Buildings: these shall include any building or part of building, which is used for the transaction of public business, for records keeping, accounts and similar purposes. Local, Estate and Government Offices, court Houses. Public utility buildings including slaughterhouse, jails and prisons etc., will be covered by this use.  

88.1.6. Assembly Buildings: these shall include any building or part of a building, where group of people (exceeding 100) congregate or gather for amusement, recreation, social, religious patriotic civil, travel and similar purposes for example, Theaters, cinemas, Assembly Halls for Educational, Dramatic or theatrical presentation, Auditorium, Exhibition Halls, Art Galleries, Museums, Libraries etc.   

88.1.7. Industrial Buildings: these shall include any building or part of a building or structure in which products or materials of all kinds and properties are fabricated, assembled or processed e.g., Workshops, Assembly Plants, Laboratories, Handicrafts, Laundries, Dairies, Saw Mills, Power Plants etc. 

88.1.8. Storage Buildings: These shall include any building or part of building used primarily for the storage or sheltering (including servicing, processing or repairs) of goods, wares or Merchandise except those that involve highly combustible or explosive products or materials. Example like Warehouses, Freezing Plants, Freight etc.   

88.1.9. Hazardous Buildings: These shall include any building or part of a building, which is used for the storage, handling, manufacture or processing of highly combustible, explosive, poisonous, irritants, toxic or noxious materials or products or materials producing dust.  

88.1.10. ‘Special Building’ – Means those buildings with large scale activities at a time such as Hotel of 4 star category &above, Public Institutions, Hospitals, Shopping malls with Multiplexes, I.C.T./ BPO’s, Universities having a minimum plot area of 6000 sq.m and a mininmum plinth area of 3000 sq.m.    

89.  Repeal and Savings- The Meghalaya Building Bye Laws, 2001 is hereby repealed.   

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