Development Control Rules

DEVELOPMENT CONTROL RULES

( PART - B )

The regulations mentioned in the Government Notification Urban Development and Public Health Department No.TPS/3678/814-B/UD-5(2), dated 02/11/1979 and published in the Maharashtra Government Gazette dated 10/01/1980 on page No.57 to 86 viz. "Standardized Building Bye-laws and Development Control rules for 'C' Class Municipal Council in Maharashtra" are applicable to the original limit of Akkalkot Town. (Mentioned as "part-A" in the Development Control Rules of Akkalkot Town.)

Akkalkot being 'C' Class Municipal Council the Said Rules as modified from time to time by the Government would be applicable within the jurisdiction of Development Plan of Akkalkot Municipal Council with the following amendments.

Additional Definitions, Terms and Expressions, Rules which are not specified in standardized Development Control Regulations of 'B' and 'C' Class Municipal Councils.

Rule 2 .38 : Floor Area Ratio (F.A.R.) The Quotient obtained by dividing the total covered area ( plinth area ) on all floors by the area of the plot. 2

Total covered area on all floors F.A.R. = ------Plot area Note :- The term F.A.R. is Synonymous with floor space index (F.S.I.)

Rule 2 .39 : Congested Area : means the area shown as such on the Development Plan.

Rule 2 .41 : Mezzanine Floor : means an intermediate floor, not being a loft, between the floor and ceiling of any storey.

Rule 2 .42 : Stilt : "Stilt" or "Stilt floor" means ground level portion of building consisting of structural columns supporting the super structure done ( open from at least three side in non-congested area and open from two sides in congested area ) and not more than 2.4 mtrs. in height from the floor of stilt, raised maximum of the 15 cm above the average ground level an up to the lowest point i.e. bottom of beam for the purpose of parking vehicles, scooters, cycles etc., or as play field.

Rule 5(e)(XII) : Give particulars of the parking provided and required under regulation No.21.

Rule 8.2 : The above mentioned fees may be revised from time to time by Authority/Municipal Council. 3

Rule 9 .1.2 : It is compulsory to the owner/developer to make suitable provision for rain water harvesting while construction. The Authority may prescribe suitable conditions/directives while sanctioning building permission.

Rule 9 .4 : As there is separate provision of appeal in Maharashtra Regional and Town Planning Act 1966 under Section 47 , hence this rule is deleted.

Rule 13 .1.2 : The Authority should issue the occupancy certificate after observing the fulfillment of conditions mentioned while granting building permissions including conditions of Rule 9.1.2.

Rule 19 .4.1.2 : A prior No Objection Certificate must be obtained from the Municipal Council Akkalkot and Town Planning Department for the newly formed sub-divisions.

Rule 19 .2.1 : The 10% construction in open space is allowed as per the guidelines/conditions mentioned in U.D. Circular No.T.B.P.- 4396/114/C.R.89/96/U.D.11, dated 10/06/1996.

Rule 19.4.2.3.1. : The conditions for Petrol Pumps mentioned in Rule 15.3.6 of the Standardized Development Control Rules of 'A' Class Municipal Councils are applicable.

Rule 20.3.2(b) : Deleted. 4

Rule 20.3.2 (c) : Ground coverage shall not exceed 1/3 of the net plot area and the built up area on all floors shall not exceed the net plot area. Parking spaces shall be provided as per regulation No.21.

Rule 20.3.2 : Table 1.

Note A : Net area of plot having area more than 900 Sq.mt. is calculated as 900 Sq.mt. plus 3/4th of area more than 900 Sq.mt.

Note 5 : For plots having area between 300 to 450 Sq.mt. allowable ground coverage is 1/3 of plot area

Note 6 : i) Plot size should be related with road width. ii) Front setback should be related to road width ( Read column No.1 to 4 ) iii) Other marginal distances, permissible built up area etc. should be related to plot size. ( Read column 3 to 8 )

Rule 20.3.3. : Note : For any of the above types of buildings built up area on all floors shall not exceed the net plot area. 5 Rule 20.7.2 : f) Room for electronic equipment's, cellular mobile Telecommunication systems :-

Where permissible built up area of any building is already consumed, the Chief Officer may permit the area of one room for installation of telephone connector free of F.S.I. as per requirement of Department of Telecommunication or the companies authorized on that behalf. The area shall not be included in covered area for the built up area calculations but not exceeding 20 Sq.mt. in any case. However the permissible built up area of the plot is not fully consumed such benefit of creating it free of F.S.I. shall not be given. g) Stilt floor space constructed as per regulation No.21.4 and used as a parking space. h) Area of one fitness center for Co-operative Housing Society or apartment owners association: For every residential building, constructed or proposed to be constructed for the use of Co-operative Housing Society or Apartment Owners Association a fitness center room will be permitted. The area of the room shall be limited to 2% (two percent) of total built up area of building or 20 Sq.mt. whichever is more, it shall not be used for any other purpose except for fitness activities and its ownership shall vest to society or association. 6

Rule 21.4 : Parking spaces at stilt floor :- a) The height of stilt shall not more than 2.40 Mt. measured from the floor of stilt raised maximum up to 15 cm. above the average ground level, up to the lowest point of ceiling ( i.e. bottom of beam.) b) Area of stilt shall not exceed the maximum permissible built up area at ground floor. c) Height of building with a stilt shall not exceed the maximum permissible height as given in regulation No.20.6 d) Stilt shall kept open at least three sides in non-congested area and two sides in congested area. e) Stilt floor should be used only for parking. It cannot be used for any other purpose. f) Stilt constructed as per above conditions shall not be included in covered area calculations or build up area calculations.

APPENDIX B :

The following matter added after the paragraph :-

I have confirmed that the proposed construction is as per the norms as specified by Indian Standard Institute for resistance of earthquake. 7

APPENDIX C :

C-5.2 : Every Technical Person must certify on plan that, the plans prepared by him are in accordance with the norms as specified by Indian Standard Institute and he will be held responsible for any harm caused in earthquake due to negligence of the standards, if it is not possible for him to certify then the same should obtained form I.S.I. and accordingly be noted on plan.

C-6.2.1 : The licensing fees can be modified by the Planning Authority if required.

C-7 : Duties and responsibilities of licensed technical personnel or Architect.

1. It will be incumbent on every Licensed Technical Person or Architect in all matters in which he may be professionally consulted or engaged to assist and co-operate with the Chief Officer and other Municipal Officers in carrying out and enforcing the provisions of the Municipal Act and Maharashtra Regional and Town Planning Act and of any regulations or rules for the time being in force under these Acts. 8

2. Every licensed Technical Person or Architect shall in every case in which he may be professionally consulted or engaged be responsible so far as his professional connection which such case extends, for due compliance with the provisions of the Municipal Act, The Maharashtra Regional and Town Planning Act and of any rules or regulations for the time being in force under the Said Acts, or such of them as may respectively be applicable to the circumstances of the particular. It will be obligatory on him to satisfy himself that a qualified and competent site supervisor with qualifications prescribed by the Chief Officer is constantly employed and present on the work to supervise the execution of any such work and to prevent the use of any defective material therein and the improper execution of any such work.

3. In every case in which a licensed Technical Person or Architect is professionally concerned with any building or work upon any premises, in respect of which a right to require a setback has accrued or is about to accrue to the Chief Officer, it will be incumbent on such licensed personnel to ascertain whether "the regular line of the street" has been prescribed under the Said Act and whether any 9

portion of the Said Premises is required for the street and no licensed Technical Person or Architect, on any account or under any pretax, be a party to any evasion or to an attempt of evasion of the set-back ( if any ) that may be required. 4. In every case in which a licensed Technical Person or Architect is professionally concerned with any building or work upon any premises designed or intended to be used. For any purpose for which the written permission or license of the Chief Officer is prescribed by the Said Act as a necessary condition to the establishment or use of such premises for such purpose, it shall be incumbent on such licensed Technical Person or Architect, so far as his professional connection with such case extends, to see that all conditions prescribed by the Said Act, or be any rules or regulations for the time being in force thereunder, are duly fulfilled or provided for. 5. A Licensed Technical Person or Architect shall not carry out any work in connection with any building or other erection on a plot of land leased or agreed to be leased by the Municipal Council in contravention of any condition of the lease or agreement for lease. 6. When a licensed Technical Person or Architect ceases to be in employment for the development work, he shall report the fact forthwith to the Chief Officer.

APPENDIX G : 10

G.1(14) :- Floor mill in a separate building of ground floor only and having electric power supply not more than 7.5 Kw. G-2 (xxxv) : Preparation of Raisin (dried grape ) from Grape. G.2 : Note 3 :- The uses item No.xxxi, xxxi (A), xxxi (B) are deleted from Note 3 and allowed on plots facing width of road 9 Mt. in congested area and 12 Mt. outside congested area. G.4 XIII : The following non-polluting users are allowed under Service Industries. 1. Ice candy production 7.5 K.W. 9 employee Max. 50 Sq.mt. Construction 2. Screen Printing on Residential electricity user 3. Computer Processing on Residential electricity user 4. Lamination Machine on Residential electricity user 5. Xerox Machine on Residential electricity user

G.5.1.2: The lands in Industrial Zone as mentioned in G-4 and G-5 are allowed to be developed for Residential user if the owner so desires, the Chief Officer should be independently entertain development permission for Residential Use subject to condition that there should a appropriate buffer open space of required width from the adjacent Industrial Boundary / Zone, to be left within the land to be used for Residential Use. Prior approval should be obtained from Divisional Deputy Director of Town Planning.

G-6 : NO DEVELOPMENT ZONE : 11 The following additional users are permitted in No Development Zone. G .6.1 :- 9) Statue making and allied work, Churmure, Bangle, Tapkir making works subject to conditions that - I. Plot area should not be less than 1000 Sq.mt. II Built up area up to 20% maximum is permissible. III Only ground structure is permissible. IV Conditions imposed by Municipal Council should be followed. V Prior approval should be obtained from Divisional Deputy Director of Town Planning.

10) Farm Houses subject to condition that:-

a) The land in which it is to be constructed is actually put under agriculture use. b) The area under agriculture use is at least 0.8 Hector. c) The building area (plinth area) for residence is not more than 80 Sq.mt. and that for cattle shed, barn etc. is not more than another 80 Sq.mt. (aggregate 160 Sq.mt.)

11) Swimming tanks and allied construction. 12) Slaughter house. 13) Highway Amenities :In highway amenity zone ( plots fronting on National Highway and State Highway ) i.e.Dhaba, Petrol Pumps, Motels etc. 12 14) Brick Kiln (With buffer of 500 Mtr. from adjoining Residential Zone.) 15) Grape process. 16) LPG gas godown is permissible in No Development Zone subject to following conditions:- I Plot area should not less than 2000 Sq.mt. II Built up area up to 20% maximum is permissible. III Only ground structure is permissible. IV N.O.C. from Controller of Explosive and Fire Brigade Authority should be obtained. V Conditions imposed by Municipal Council should be followed. VI Prior approval should be obtained from Divisional Deputy Director of Town Planning.

G.7 : (A) On the Lands of Government/Semi- Government/Public Institutions which are included in Public/Semi-Public Zone, Commercial use shall be allowed subject to following conditions.-- 1. Maximum 15% existing built up area may be allowed for Commercial Purpose. 2. Commercial use shall be permitted along the roadside. 3. Separate access shall be required for the both the users (Public/Semi-Public use and Commercial use ) 4. Basement shall not be permitted. 13 B : The private or rental premises designated in Public /Semi-Public Zone or Industrial Zone shall continue to be in this Zone as long as Public/Semi-Public user exists, otherwise these lands shall be considered to be included in adjoining major use with prior approval of the Director of Town Planning, Maharashtra State, Pune.

G.8 : Reservations of play-ground in the Development Plan shall not be changed.

G.9 : 10% of the shops available after the development of the reserved sites of Vegetable Market, Shopping Center shall be reserved for the fruit stall. However, if these shops are not required for the said purpose they may be disposed of for other purpose after obtaining due No Objection Certificate from the registered co-operative society.

G .10 : Those Open Spaces from sanctioned layouts that are earmarked as existing Open Space on Development Plan are subject to change if respective layouts are revised. If the layout is revised and if Open Space is shown elsewhere in Residential Zone, then the existing Open Space in the layout as shown on Development Plan shall be created as Residential Zone with prior approval of the Deputy Director of Town Planning, Pune Division, Pune. 14

G .11 : Draftsman error which are required to be corrected as per actual situation on sight/or as per survey records, sanctioned layouts etc. shall be corrected by the Chief Officer, Municipal Council Akkalkot after due variation and with prior approval of the Director of Town Planning, Maharashtra State, Pune.

G.12 : Building line/Control line along State High-way, Major District Road and Service Road -- 1. 12 Mt. wide Service road is to be proposed along both the sides of the existing and proposed new State Highway, Major District Road and National Highway, if any in any layout plan. 2. In case, where no Service Road is maintained while sanctioning Layout Plan, Building line, Control line is to be maintained as prescribed by the High-way or Road Authority. 3. For the purpose of Building Line, Control Line, the rules governed by Government Resolution dated 09/03/2001, 21/09/2001 and 07/01/2002 are applicable and also modifications made by government from time to time.

G.13 :While approving the Development permission for Educational purpose at least 40% of the area under development permission should be kept for play ground in a single place. 15

APPENDIX M.1:- SPECIAL PROVISIONS FOR INSTALLATION OF SOLAR WATER HEATING SYSTEM. Solar water heating systems should be made in the building for hospitals, hotels, guest houses, police men/army barracks, canteens, laboratories and research institutions hostels of school and colleges and other institutes. The solar water heating system should be mandatory in the hospitals and hotels, where the hot water requirement is of continuous nature. In these buildings the system must be provided with auxiliary back up. The use of solar water heating system is recommended in the following type of buildings in the Government/Semi- Government and institutional buildings where the hot water requirement may hot be continuous/permanent. I) Guest Houses II) Policemen/Army Barracks III) Canteens IV) Laboratory & Research Institutions where hot water is needed. V) Hostel, Schools, Colleges and Other Institutes/Maths etc. 1. The installation of the electrical backup in all such water heating system shall be optional depending on the nature of requirement of the hot water. 16

2. It is suggested that solar water heating system of the capacity of about 100 ltrs. per day based on thoromosyphonominicial with necessary electrical back up be installed at Residential building like hostels.

3. Solar water heating system can also be integrated with the building design. These can either be put on the parapet or could be integrated with the South facing vertical wall of the building. The best inclination of the Collector for regular use throughout the year is equal to the local latitude of the place. The Collectors should be facing South. However, for only winter use the optimum inclination of the Collector would be (latitude + 15 degrees of the South). Even if the Collectors are built in South facing vertical wall of the building the output from such Collectors during Winter month is expected to be within 32% out put from the optimum inclined Collector.

4. All the new buildings to be constructed shall have an installed hot water line from the roof top and also insulated distribution pipe lines to each of the points where hot water is required in the building.

5. The capacity of the solar water heating system to be installed on the building shall be described on the basis of the average occupancy of the buildings. 17 The norms for hospitals, hostels and other functional buildings are given below. ( Type of buildings ) 1. Hospital 2. Hostels 3. Hostels and other such buildings 4. Canteen 5. Laboratory and Research Institutions 6. An open area of 3 Sq.mt. would be required for installation of a Collector, which supply about 100 liters of water per day. At least 60% of the roof area may be utilized for installation of the systems. 7. The specification for the solar water heating system laid down by Ministry of Non-Conventional Energy Sources can be followed. Flat plate Collector confirming to IS No.12933 shall be used in all such solar water system.

M .2 : SPECIAL PROVISIONS FOR PHYSICALLY HANDICAPPED PERSONS : BYE-LAWS : 1. Short title, extent and commencement : These bye-laws shall be Annexed to the (city municipal bye-laws). 1.1 They shall extend to whole original limit of Town. 18 2 DEFINITIONS :

2.1 Non-ambulatory disabilities : Impairments that, regardless of cause or manifestation for all practical purposes, confine individuals to wheelchairs. 2.2 Semi-ambulatory Disabilities: Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, aribritics, spastics and those with pulmonary and cardiac ills may be semi-ambulatory. 2.3 Hearing Disabilities: Deafness or hearing handicaps that might make and individual insecure in public areas because he is unable to communicate or hear warning signals. 2.4 Sight Disabilities: Total blindness or impairments affecting sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger. 2.5 Wheel Chair: Chair used by Disabled people for mobility. The standard size at wheel chair shall be taken as 1060 mm x 750 mm.

3. SCOPE: These bye-laws are applicable to all buildings and facilities used by the public it does not apply to private and public residences.

4. SITE DEVELOPMENT Level of the roads, access, paths and parking areas shall be described in the plan along with specification of the materials. 19

4.1 Access Path/Walk Way : Access path from plot entry and surfaces parking to building entrance shall be minimum of 1800 mm. wide having even surface without any steps. Slope, if any, shall not have gradient greater than 5% selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different form that of the surrounding floor material or the material that emit different sound to guide visually impaired persons hereinafter referred to as "guiding floor material" (Annexure-1). Finishes shall have a non slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level. 4.2 Parking : For parking of vehicles of handicapped people the following provisions shall be made. a) Surface parking for two Car Spaces shall be provided near entrance for the physically handicapped persons with maximum travel distance of 30.0 meter from building entrance. b) The width of parking bay shall be minimum 3.6 meter. c) The information stating that the space is reserved for wheel chair users shall be conspicuously displayed. d) Guiding floor materials shall be provided or a device which guides visually impaired persons with audible signals or other devices which serves the same purpose shall be provided. 20

5. BUILDING REQUIREMENTS:-

The specified facilities for the buildings for physically handicapped persons shall be follows: 1. Approach to plinth level. 2. Corridor connecting the entrance/exit for the handicapped. 3. Stair-ways 4. Lift 5. Toilet 6. Drinking water

5 .1 : Approach to plinth level : Every building should have at least one entrance accessible to the handicapped and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry. 5 .1.1 : Ramped Approach : Ramp shall be finished with non slip material to enter the building. Minimum width of ramp shall be 1800 mm with maximum gradient 1:12 length of ramp shall not exceed 9.0 meter having 800 mm high hand rail on both sides extending 300 mm beyond top and bottom of the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm. 5 .1.2 : Stepped Approach : For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high hand rail on both sides of the stepped approach similar to the ramped approach. 21

5 .1.3 : Exit/Entrance Door : Minimum and clear opening of the entrance door shall be 900 mm and it shall be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm. 5 .1.4 : Entrance landing : Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 mm. x 2000 mm. The entrance landing that adjoin the top and of his slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons herein after referred to as 'guiding floor material' ( Annexure - I ). Finishes shall have a non slip surface with a texture traversable by a wheel chair. Cubs were ever provided should be at a common level. 5.2: Corridor connecting the entrance/exit for the handicapped: The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by sighs, shall be provided as follows : a) 'Guiding Floor Materials' shall be provided or devices that emit sound to guide visually impaired persons. b) The minimum width shall be 15000 mm. 22 c) In case there is a difference of level slope ways shall be provided with a slope of 1:12. d) Handrails shall be provided for ramps/slope ways.

5.3 Stair - ways : One of the stair-way-near the entrance/exit for the handicapped shall have the following provisions :- a) The minimum width shall be 1350 mm. b) Height of the riser shall not be more than 150 mm and width of the tread 300 mm. The steps shall not have abrupt (square) nosing. c) Maximum number of risers on a flight shall be limited to 12. d) Handrails shall be provided on both sides and shall extend 300 mm on the top and bottom of each flight of steps. 5.4 Lifts : Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions of lift recommended for passenger lift of 13 persons capacity of Bureau of Indian Standards. Clear internal depth 1100 mm. Clear internal width 2000 mm. Entrance door width 900 mm. a) A hand rail not less than 600 mm. long at 1000 mm above floor level shall be final adjacent to the control panel. b) The lift lobby shall be of an inside measurement of 1800 mm x 1800 mm or more. 23

c) The time of an automatically closing door should be minimum 5 seconds and the closing speed should not exceed 0.25-meter/sec. d) The interior of the cage shall be provided with a device that audibly indicates the floor the cage has reached and indicates that the door of the cage for entrance/exit is either open or closed. 5.5 Toilets : One special W.C. in a set of toilet shall be provided for the use of handicapped with essential provision of wash basin near the entrance for the handicapped. a) The minimum size shall be 1500 mm x 1750 mm. b) Minimum clear opening of the door shall be 900 mm and the door shall swing out. c) Suitable arrangement of vertical/horizontal handrails with 50 mm clearance from wall shall made in the toilet. d) The W.C. seat shall be 500 mm from the floor.

5.6 Drinking Water : Suitable provision of drinking water shall be made for the handicapped near the special toilet provided for them. 5.7 Designing for children : In the building meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other, fittings and fixtures etc. 24

ANNEXURE - I

EXPLANATORY NOTES :

GUIDING/WARNING FLOOR MATERIAL

The floor material to guide or to warn the visually impaired person with a change of colour or material with especially conspicuously different texture and easily distinguishable from the rest of surrounding materials is called guiding or warning floor material. The material with different texture gives audible signals with sensory warning when a person moves on this surface with walking stick. The guiding/warning floor material is meant to give the directional effect or warn a person at critical places. This floor material shall be provided in the following areas. a) The access path to the building and to the parking area. b) The landing lobby towards the information board, reception, lifts, staircases and toilets. c) Immediately at the beginning/end of walkway where there is a vehicular traffic. d) At the location abruptly changing in level or beginning/end of a ramp. e) Immediately in front of an entrance/exit and the landing. 25

PROPER SIGNAGE

Appropriate identification of specific facilities within a building for the handicapped persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision. Whereas visual signals benefit those with hearing disabilities. Signs should be designed and located so that they are easily legible by using suitable letter size (not less than 20 mm high). For visually impaired persons, information board in frailly should be installed on the wall at a suitable height and it should be possible to approach then closely. To ensure safe walking there should not be any protruding sign, which creates obstruction in walking. Public address system may also be provided in busy public areas. The symbols/information should be in contrasting colour and properly illuminated because people with limited vision may be able to differentiate amongst primary colours. International symbol mark for wheel chair as shown below be installed at the lift, toilet, stair case, parking areas, etc. that have been provided for the handicapped.

M .3 : Libraries which are in existence since 100 years or more ( i.e. Nagar Wachan Mandir ) is eligible for additional F.S.I. unto 2.5 out of this only one F.S.I. shall be allowed for Commercial use subject to the following terms and conditions. 26

1) Only convenience shops, banks, small hotels shall be allowed. 2) The income through these Commercial users shall be used for the library only. M .4 : SPECIAL PROVISIONS FOR THE SITES OF GARDENS AND PLAYGROUNDS. The sites, which are reserved for Gardens and Playground in the Revised Plan for the Municipal Council. The Municipal Council has right to develop 10 % of that area for convenience shopping with the prior approval of Divisional Deputy Director of Town Planning. M . 5 : ADDITIONAL F.S.I. TO BIO-TECHNOLOGY UNIT : "The Chief Officer may permit the floor space index permissible to be extended 100% in respect of buildings in independent plots of Bio-technology establishment set up by Public Bodies like MHADA, SEEPZ, M.I.D.C., SICOM, CIDCO or there joint venture companies having more than 11% stake of their bodies or lessees of these public bodies having plots exclusively used for Bio-technology units subject to terms and conditions as be may specify." Provided in case additional F.S.I. allowed in respect of Bio-technology Unit as afore said premium as may be determined by Government shall be paid to the Municipal Council out of which 50% shall be payable to Government. 27

M .6 : SPECIAL MISCELLANEOUS PROVISIONS :-

M .6.1 : Shifting and/or interchanging the purpose of designations/reservations :- In case of specific designations/reservation in the Development Plan, the Chief Officer with the permission of Divisional Deputy Director of Town Planning and with consent of interested person, may shift, interchange the designation/reservation in the same or/on adjoining lands/building to which an access is available or has to be provided and the same is not encumbered provided that the area of such designation/reservation is not reduced and such shifting shall not be permitted beyond 200 meter of the location in the Development Plan.

M .6.2. : Guidance of Director of Town Planning, Maharashtra State, Pune shall be taken if any clarification/meaning of any provision required during implementation of these Development Control Rules and the opinion of the Director of Town Planning, Maharashtra State, Pune shall be final.

M .6.3 :- The nalla/nalla lands which are not shown on measurement plan but proposed in Residential Zone are to be developed according to site conditions by the owner at own cost as per the specifications of Planning Authority. 28

M .6.4 : SPECIAL PROVISIONS FOR SUB-DIVISION OF PLOTS IN CONGESTED AREA. Minimum plot area of 30 Sq.mt. allowed after sub-division in congested area subject to that the plot should have minimum 1.5 Mt. approach way.

M .7 :- DEVELOPMENT IN THE LAND FRONTING ON CLASSIFIES ROADS :- The development in the plots/land, which are fronting on classifies roads is permitted after fulfillment of following conditions: -

1) The Building line and Control line distances are followed as mentioned in the P.W.D. Circular No.RBD-1081/871/Roads- 7, dated 09/03/2001, supplementary letter No.RBD- 1001/72/roads-7, dated 21/09/2001 and corrigendum no RBD- 1001/72/road-7, dated 07/01/2002. If these distances are modifies by the Government in future these are automatically applicable.

2) It is compulsory to the land owner to make provision for 12 meter Service road beyond road land of Express Highway, National Highway, State Highway and MDR in its own land while preparation of layouts. 29

3) The land developed earlier in which No Service Roads are provided/developed the distances of Building line and Control line mentioned in Government circulars mentioned above are applicable. No relaxation in it given without prior approval of Public Works Departments.

M .8 : SPECIAL REGULATION FOR DEVELOPMENT OF LAND OF M. S. R. T. C. FOR COMMERCIAL PURPOSE.

Not with standing anything to the contrary contained in these regulations or the development plan/planning proposals, land in the possession of Maharashtra State Road Transport Corporation shall be allowed to be developed for Commercial Use to the extent of 50% of the admissible floor space index subject however to the general restrictions other wise applicable to such development and also in accordance with the Government of Maharashtra, Home Departments resolution No.STC 3400/CR/148/TRA-1, dated 01/02/2001 as may be modified from time to time. 30

M .9:- SPECIAL REGULATION FOR DEVELOPMENT OF IT/ITS. Modifi- Subject Version of Modification cation No. 1 2 3 1 Definitions In the Context of the policy, the Information Technology Industry, IT Services and IT Enabled Services as defined below: IT Taskforce of Government of the India has defined IT software as follows :- a) IT Software : IT Software is defined as any representation of instruction, data, sound or image, including source code and object code, recorded in a machine readable form and capable of being manipulated or providing interactivity to a user, with the means of a Computer. b) IT Hardware : IT Hardware covers approximately 150 I.T. products notified by Directorate of Industries. c) IT services and IT Enabled Services These include various IT Services and are defined by the IT Task force of the Government of India as follows : "IT Service including IT Enabled Service is defined as any unit that provides services, that result from the use of any IT Software over a Computer System for real sizing any value addition." The Directorate of Industries has prepared and published an illustrative list of such IT Enabled Services which is to be updated from time to time. 31

2 Height of Not with standing anything contained the room in these regulations any telemetric for ITE equipment storage erection facility can have a height as required for effective functioning of that system. 3 Covered Any covered antenna/dish antenna to antenna/communication tower will be be free of allowed to be erected free of FSI if used FSI for Telecom (basic cellular or satellite telephone ) or ITE purposes, which shall include equipment relating to earth station. V-Sat, Routes, transponders and similar IT related structures or equipment. 4 ITEs to be "Notwithstanding anything contained allowed in in these regulations, IT/ITES on the Residential plots/premises fronting on roads having Zone width more than 12 meter" shall be allowed. 5 ITEs to be "IT/ITES shall be permitted in I-1 allowed in Zone and Services Industrial Estates on Service all plots fronting on roads having width Industries more than 12 meter." Zone (I-1) 32 6 ITEs to be "IT/ITES shall be permitted on all allowed in plots fronting on roads having width General Industries more than 12 meter." Zone (I-2) and Special Industrial Zone (I-2)

7 ITEs to be Development of IT/ITES with allowed in ancillary residential development shall No be allowed in No Development Zone Develop- subject to the following :- ment Zone i The total FSI shall not exceed 0.20. Green Zone ii Residential development shall not earmarked exceed one third of the total built in the Develop- up area. ment Plan iii Construction of ITE/ancillary Residential use may be permitted ( in a suitable location so as to keep as much of remaining space open ) upto 20% on 10% of the area of plot. On remaining 90% plot, trees shall be planted at the rate of 500 trees per hectare. iv Sub-division on land shall be permitted with area of the plot so sub-divided being not less than 4000 Sq.mt. 33

8 Additional Subject to approval by Director of FSI to Industries, the Chief Officer permit the IT/ITEs floor space indices spefified in these regulations to be exceeded to the extent of 100% over and above the permissible FSI as under (including for IT/ITEs units located in NDZ/Green Zone/Agriculture Zone proposed in the Development Plan or Regional Plan.) i 100% additional FSI shall also be made available to all IT/ITEs units in public IT parks. ii 100% additional FSI shall be made available to registered IT/ITEs units located in private IT parks approved by the Directorate of Industries. iii Permission for erecting towers and antenna up to the height permitted by Civil Aviation Department shall be granted by the concerned Municipal Bodies at the time and as a part of approval of building plan itself. 34 9 General i Additional FSI to IT/ITs units Terms/ would be available only up to full conditions utilisation of basic admissible FSI. applicable ii Additional FSI to IT/ITs units for would be available to IT/ITs units develop- would be available to IT/ITE parks ment of duly approved by Directorate of IT/ITEs Industries. units. iii The additional FSI shall be granted upon payment of premium, which shall be paid in the manner as may be determined by the Government. Such premium shall be recovered at the rate of 25% of the present day market value of the land under reference as indicated in Ready Reckoner. iv 25% of the total premium shall be paid to the Government and remaining 75% amount shall be paid to respective Municipal Councils, Special Planning Authority or New Town Development Authority. Where no such Planning Authority exists the share of premium shall be paid to MIDC. 35 v The premium so collected by the Planning Authorities/MIDC shall be primarily used for development/up-gradation of offsite infrastructure required for IT/ITEs park and the utilisation of this premium shall be monitored by the empowered Committee. vi In the event, the developer comes forward provision of such off site infrastructure at his own cost, then the respective Planning Authority or the MIDC as the case may be shall determined the estimated cost of the works and shall also prescribe the standards of the work. After completion of the works the Said Planning Authority/MIDC shall very as to whether the same is as per prescribed standards and thereafter by deducting the cost of works, the balance amount of premium shall be recovered by the Said Planning Authority/MIDC. 36

vii Users/Services ancillary to the IT/ITEs :- While developing site for IT/ITEs with additional FSI users ancillary to the principle user, as may be approved by the Directorate of Industries shall also be allowed. No condonation in the required open spaces, parking and other requirements prescribed in these regulations shall be allowed in case of such additional FSI.

A P P E N D I X N

Land uses and manner of Development :-

The user of all lands within the old Municipal Limits, which have been allocated designated or reserved for certain purposes in the Development Plan shall be regulated in regard to type and annex of development/redevelopment according to the table hereunder :- 37

T A B L E LAND USES AND MANNER OF DEVELOPMENT

Condition subject to which development Sr. Use (Allocation Person/ is permissible No. or reservation) Authority who may develop 1 2 3 4 I RESIDENTIAL (R) (a) Residential (R 1) Owner Residential with Owner shop line (R 2) (b) Public housing Public A public authority or (PH) (including Authority Municipal Council may E.W.S. Housing) develop the land after or acquiring it in accordance Municipal with laws. Council O R or 1) In cases where the owner owner holds free hold land and if he desires to develop the land, he shall propose 50% of the plots of minimum plot size and 10% of these developed plots shall be handed over to the Municipal Council free of charge under the registered document. Further if the owner desires to construct storied/ multi-stories buildings of flats, he shall construct 50% of the flats of 30 Sq.mts. 38 (c) Housing for dis- And 10% of these housed. flats/tenements of the total built up area shall be (d) Housing the dis- handed over to Municipal housed slum Council on payment of dwellers. the cost of construction + 15% of the cost of construction or free of cost under the registered

document. The owner shall be entited for F.S.I. of the area of flats handed over free of cost to municipal council under the registered documents. 2) The plots handed over to Municipal Council free of cost, provided in above manner shall be preferably granted to Dis- housed persons or families, due to implementation of Development Plan proposals and rest for houseless families. 3) In case of calculation of area 2% more or less variation shall be acceptable and 50% of the registration charges will be borne by the Municipal Council. (e) Municipal Staff Municipal As per relevant provisions Quarters (MSQ) Council of the Development Municipal Housing Control regulations. (MH) (f) Government Staff Government Quarters/ Government Housing (g) Police Quarter Government Housing . 39

II COMMERCIAL a) Shopping Center Municipal The Municipal Council Council or may acquire the land and Owner develop it for the shopping Center.

O R

The Owner may develop the Shopping Center on his agreeing to give at least up to 15 % of the shops to the Municipal Council as per the design, specifications and conditions prescribed by Chief Officer for the purpose of rehabilitation of shop keepers displaced from sites reserved for public purposes or amenities in the Development Plan, on payment of cost of construction plus 15% of cost construction or in lieu of additional F.S.I. to the extent of the built up area of the shops to be handed over to the Municipal Council free of cost. 40 b) Market (M) Municipal The Municipal Council Council or may acquire and develop Owner the market. c) Vegetable Market (VM) OR

The owner may be permitted to develop the market built up area at least not less than 20% of total area under reservation with the type, number and size of stalls as prescribed by the Chief Officer and further subject to his agreeing to hand over the built up market area to the Municipal Council free of charge. Thereafter, the owner will be entitled to have the full permissible F.S.I. of the plot without taking into account the area utilized for market. III INDUSTRIAL (I) a) Godown/Ware Public housing/Cold Authority, storage Municipal Council or Owner. 41

IV TRANSPORTA- TION ON (a) Proposed Municipal road/street. Council

(b) Proposed widening of existing road/ street envisaged either in the Development Plan or by prescription of regular line of street under the Maharashtra Municipal Council, Nagar Panchayats and Industrial Town- ships Act 1965. 42

(c) Parking Municipal The Municipal Council Council/ may acquire the land and Public develop, operate and Authority/ maintain the parking Public Organization/ OR Owner. A Public Authority or a Public Organization or the owner be allowed to develop the parking lot for the public according to the design, specification and condition prescribed by the Chief Officer utilizing the full built up area equal to the F.S.I. available on the plot for the purpose of providing the parking spaces. The operation and maintenance of the facility will be decided by the Chief Officer, irrespective of the Authority, Organization or Person who develops the facility.

The parking spaces may be in the basement or open spaces or under the stilts or on the upper floors. The Municipal Council, Public Authority, Public 43

Organization or the Owner will be entitled thereinafter to have the full permissible F.S.I. of the plot without taking into account the areas utilized for providing the parking spaces for the other permissible users in the plot. OR 1) Municipal Council may acquire the land and by assigning the task of development, operation and maintenance of the parking lot, may permit the agency fixed for such purpose to operate the reservation site for such purpose on the basis of pay and park. Such agency shall be assigned the above task on the basis of charges approved by Municipal Council for different types of vehicles to be parked in such parking lots. Chief Officer while taking decision in respect of 44

development, maintenance and operation of the parking lots or assigning such task to Registered Association or Public Organization etc. shall consult the Deputy Director of Town Planning, Traffic and Transportation, Pune.

2) If the land owner agrees to hand over the land reserved for parking/truck parking- cum-repairing or area developed for parking etc. free of charge, the land owner may be permitted development in the same site on upper floors, utilizing full permissible F.S.I. on this land for the user permissible in the adjacent lands subjects to the provisions of the regulations. 45

Parking should be made on ground floor or in stilts and maintenance and operation of the said area should be done by Municipal Council and F.S.I. permissible on such lands as per these bye-laws shall be permitted to the owners. V PUBLIC/SEMI- PUBLIC INSTITUTIONAL a) Dispensary (D) Municipal The Municipal Council b) Maternity Home Council or may acquire, develop (MH) Owner and maintain the amenity c) Health Welfare as per reservation. Center (WC) OR d) Hospital The owner may be permitted to develop the amenity subject to his handing over to the Municipal Council the built-up space for the amenity constructed according to norms prescribed by the Chief Officer in consultation with the Divisional Deputy Director of Town Planning and the concerned Deputy Director of health. Here the owner shall construct 46

the 40% of the total plot area as built up area at his own cost and hand over such built up area free of cost to the Municipal Council. The design will be approved by the Divisional Deputy Director of Town Planning. Thereafter the owner will be entitled to have the full permissible F.S.I. of the plot for other permissible user of the plot as per the use permissible in the adjacent land without taking into account the area utilized for constructing the amenity.

The Chief Officer may hand over the amenity space for a dispensary, health or welfare center, or maternity home to a public organization for operation and maintenance on terms decided by him. 47

Explanation : Welfare Center also includes homes, shelter or institutions for homeless or street children, waifs, destitute children ( but not beggars), stray delinquents, abandoned or destitute women, home for the destitute or dying destitute, drug addicts and alcoholic, crèches or day care center for children of working parents, sevaghars, mobile crèches and for physically disabled or handicapped provided they are all run by Registered Public Trusts or Institutes.

2 EDUCATIONAL (a) Primary School Municipal The Municipal Council (PS) Council or may acquire and develop Secondary School Owner the land and further the (SS) Chief Officer may entrust the Primary School site and/or building built on the site to the registered educational institutions or trust for operation. OR 48

The land for the Primary or Secondary School may be allowed by the Municipal Council on the terms and conditions as will be decided by the Municipal Council to be acquired by a Public Authority/a Public Trust or the Registered Institution and develop the facility themselves or lease it to another institution or trust for running the same.

OR The owner may be allowed to Develop the land for the specific facility and operate it himself or entrust its operations to the Registered Institution or Trust.

(b) College Public The conditions subject to Authority which, development is (c) Polytechnic or Owner permissible, will be as in the case of a Primary (d) Technical School School or Secondary School as indicated in this column against items 2 (a) and (b). 49

3 GOVERNMENT OR SEMI-PUBLIC (a) Government Government Office (GO) (b) Municipal Office Municipal (MO) Council (c) Town Duty Office Municipal (TO) Council (Octroi Office) 4) ASSEMBLY AND RECREATION (a) Cinema Theatre Municipal The Municipal Council (CN) Council/ may acquire and develop (b) Drama Theatre Public the reservation. (DTH) Authority/ (c) Museum Owner. OR (d) Public Hall (e) Gymnasium/ The organization duly Gymkhana (GYN) registered/authorized (f) Club institution or trust eligible to perform such a function may acquire the land under such reserved, designated, allocated site and develop the reservation as per the regulations prescribed in these D.C. Regulations. In respect of (a) and (b) Cinema Theater or Drama Theatre shall be constructed to provide for minimum 150 seats capacity. 50

In case of existing Drama Theater/Cinema Theatre premises, 33% of existing capacity or 150 whichever is more will have to be provided for while reconstructing the existing Drama or Cinema Theatre building. The owner may be permitted to avail of the rest of the permissible F.S.I. for the purposes of Residential, Commercial or Offices as permissible under the D.C. Regulations. As regards the other facilities viz. (c) to (f), if the owner desires to develop he shall abide by the conditions imposed by Chief Officer. (g) Stadium Municipal The Chief Officer may (h) Swimming Pool Council or entrust the development (i) Recreation Owner and maintenance of the Ground (RG) facility to suitable (j) Playground (PG) agency on terms to be (k) Garden (G) decided by him in (l) Park (P) consultation with the (m) Sports complex- Deputy Director Town Shopping Center Planning, Pune Division, Pune and the concerned 51

Deputy Director of Sports/Sports Officer of the Division.

The owner may develop the site for the designated purpose and entrust, the further development and maintenance of the premises to the duly Registered Sports Association/Organiza- tion on the terms and conditions, with the approval of the sports Departments of the Government of Maharashtra and the Chief Officer, Akkalkot Municipal Council. 52

(n) Community Municipal The Municipal Council Center/ Council or or the Public Cultural Center Public Authority/Institution Authority with the approval of the or Owner. Municipal Council may acquire, develop and maintain the facility.

OR The owner may be permitted to develop the facility, subject to his handing over to the Municipal Council free of charge the built-up space for the Community/Cultural Center with the provision of library constructed according to norms prescribed by the Chief Officer in Consultation with the Deputy Director of Town Planning of Pune Division. Thereafter the owner will be entitled to have the full permissible F.S.I. of the plot in the remaining site for the other permissible uses of the plot without taking into account the F.S.I. utilized for constructing above building. 53

(o) Library Municipal The Municipal Council Council or may acquire, develop Owner and maintain the amenity as per reservation.

OR The owner is allowed to Develop the reservation in 20% area according to the norms prescribed by the Chief Officer in consultation with the Deputy Director of Town Planning of Pune Division. Thereafter the owner will be entitled to have the full permissible F.S.I. of the plot in the remaining site for the other permissible uses of the plot without taking into account the F.S.I. utilized for constructing above building.

5) PUBLIC UTILITIES (a) Fire Brigade Municipal The Municipal Council Station (FB) Council may acquire and develop (b) Sewage the reservation. Purification Works (R) (c) Reservoir (R) (d) Pumping Station (Ppg.Stn.) 54 e) Cemetery/ Municipal The Municipal Council Cremation Council/ or a Public Authority / Ground (C/CG) Public Authority concerned Organization / or Owner f) Burial Ground Association/Trust duly (BG) Registered under the law, with the approval of Municipal Council may acquire and develop the land for a Cemetery/ Cremation Ground or Burial Ground purposes. OR The Owner, Community Organization or Registered Trust may be allowed to develop the land for Cemetery Cremation Ground with the approval of Municipal Council on such terms and condition as it may specify. 55

(g) Post Office (PO) Government The Government Department Department concerned (h) Post and may acquire, develop concerned or Telegraph Office and maintain the users. (PT) Owner OR (i) Telephone Services Center The owner may be (TC) permitted to develop the facility subject to his (j) Police Chowky handing over to the (PC) Government Department concerned free of charge the required built-up space limit to 40% of area of reservation in non-congested area for the facility, constructed according to the norms prescribed by the Said Government Department thereafter the owner will be entitled to use the full permissible F.S.I. of the plot, without taking into account the area utilized for construction of the facility. (k) Telephone Government Exchange (TE) Department ---- (l) Police concerned Station/Parade Ground 56

(m) Public Latrine Municipal The Municipal Council (PL) Council or may develop the facility Owner either itself or through a sponsorer or may allow owner to develop the same on plots designated or reserved for the purpose in the Development Plan or at other suitable locations. (even in sites designated for amenities in the Development Plan) such Development will be free from F.S.I. computation. VI HIGHWAY AMENITY ZONE This comprises of Owner An owner may develop plots/Owner the site for the purposes holdings in of a wayside Agricultural Zone Hotel/Motel, Transport of the godown, Petrol filling development plan, station, Motor fronting on automobile workshop, existing and Spare part shop, Car or proposed State truck repairing, Garages Highway, subject to adequate National parking space and fire Highway. fighting arrangements prescribed under the regulations, subject to following conditions.-- 57

1. The development shall be permitted only beyond 75.00 m. from the center of the road.

2. The F.S.I. shall be restricted to 0.2 on the gross plot area.

3. In case of Petrol pumps, "No Objection Certificate" by the Controller of Explosive and the Chief Fire Officer shall be necessary. Distance between the two Petrol pump shall not be less than 300 mtrs. 58

EXPLANATIONS :-

1. Even where an owner, in terms of Column (3) in Table above is permitted to develop certain categories of reservations, allocations or designations, the Municipal Council or Concerned Authority may at any time acquire the land thereunder. 2. An owner, who in terms of Column (3) in Table above is permitted to develop certain categories of reservations, allocations shall provide the required parking space for the same in additions to those required for development, he is permitted to undertake. 3. In the case of development of land for Gymnasium, Gymkhana, Clubs, Stadium, Swimming Pools, Recreation Ground and Playgrounds, Constructions for ancillary uses only may be permitted. (In a suitable locations so as to keep as much of the remaining space open) up to 15% on 10% of the area of the land for the Said Amenities.

Town Planning Officer, President Development Plan of Akkalkot Akkalkot Municipal Council (Original Limit) Akkalkot AND Assistant Director of Town Planning, Solapur 59 REPORT ON DEVELOPMENT PLAN OF AKKALKOT (1st REVISION) (ORIGINAL LIMIT) 2001-2026