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A number of institutions and individuals Karlsruhe University supported and contributed to the completion of Prof. Dr. Friedemann Wenzel (Director, this endeavor. The Project Working Committee Geophysical Institute), and is grateful for the valuable time, ideas and German Embassy in Nepal resources invested by the following entities in Mr. Udo Weber (Councilor, Development); support of the project: The offices of international development The German Federal Foreign Affairs organizations in Nepal for their comments and Office through the Deutsches Komitee sharing of information - Katastrophenvorsorge for the financial support which made this land use planning exercise Asian Development Bank possible; Mr. Nogrendra Sapkota and Ms. Laxmi Sharma The Kathmandu Metropolitan Council (Nepal Resident Mission), Mr. Norio Saito and (KMC), Executive Offices and Departments Mr. David Margonsztern (Urban Development for their commitment, cooperation and strong Division), and Mr. David Irwin (Consultant), participation, especially the Mayor’s Office, Urban Development Department, Physical German Technical Cooperation Development and Construction Department, Dr. Horst Matthaus (Coordinator, Governance Public Health and Social Development ad Civil Society), and Department, Legal Department, and Economic Management Department; Japan International Cooperation Agency Mr. Sourab Rana (Program Officer); The Kathmandu Valley Town Development Committee for their relevant comments and And lastly, Mr. Ken Topping for his reviews, guidance; comments and recommendations on the risk- sensitive land use plan. The Ministry Officials and related departments for taking time in providing valuable inputs and The Project Working Committee appreciates suggestions on the initial drafts of this land use the contribution of these individuals and plan; organizations. Sincere apologies are extended to those we might have inadvertently failed to The members of the National Society for thank in this document. Earthquake Technology-Nepal for their tireless support, sharing of knowledge and resources, and continued advocacy in mainstreaming disaster risk reduction in planning and project implementation;
The various persons from different institutions and organizations for their comments -
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The past few years have reminded us that development and spatial plans by engaging the disasters affect anyplace and anyone. Recent government at various levels, private sector, civil tragedies such as the earthquakes that struck society, international development organizations, Indonesia (2006), China (2007), Haiti (2010), and other key stakeholders (e.g. academe, media, Chile (2010) and the massive flooding that private sector, etc.). The land use planning hit the Philippines and Vietnam (2009) have process helps the city address its need to reduce left thousands of people dead and injured, not disaster risks as part of its pursuit for sustainable to mention tremendous losses in livelihoods, development. properties, and resources and millions of people left homeless. This Risk-Sensitive Land Use Plan (RSLUP) for Kathmandu and the accompanying Sectoral Acting on the premise that disasters are best Profile and Preliminary Zone Ordinance are avoided through disaster risk reduction (DRR), the major outputs under Project Work Output governments from around the world adopted 1.1 (PWO) of the project titled, “Disaster Risk the Hyogo Framework for Action (HFA) at the Reduction in Megacities - A Pilot Application in 2005 World Conference on Disaster Reduction Metro Manila and Kathmandu.” The project was in Kobe, Japan. The HFA called on national a collaborative undertaking between Kathmandu governments to substantially reduce disaster Metropolitan City (KMC), Earthquakes and losses by 2015 through concrete actions in five Megacities Initiative (EMI), and the National priority areas, to wit: Society for Earthquake Technology - Nepal 1. Make DRR a priority by ensuring that it is a (NSET), with support from the German Federal national and local priority through efficient Foreign Office (FFO) through the Deutsches legal and institutional mechanisms; Komitee Katastrophenvorsorge (DKKV). The 2. Know the risks and take action by project’s main goals under PWO 1.1 are two- identifying, assessing and monitoring risks fold: (a) to develop a rational land use plan leading to an effective warning system; for KMC that fully integrates risk reduction 3. Build understanding and awareness through parameters into its spatial and physical knowledge, innovation and education to development strategies and their related tools, build a culture of safety and resilience at all bylaws and procedures, and (b) to mobilize levels; political commitment and cooperation for DRR 4. Reduce the underlying risk factors at the local and regional levels. The project by ensuring that exposure to hazards, demonstrates that land use planning could be vulnerabilities of people and their places an effective tool to lessen the physical, social and resources are protected and safe, thus and economic vulnerabilities of cities to natural resulting in resilient communities; and hazards. 5. Be prepared and ready to act by strengthening the disaster preparedness for This RSLUP is a product of activities undertaken effective response at all levels. in Phase 2 of the project, that is, from June 2008 to January 2010. Reports for Phase 1 Since then, land use planning has been (November 2007 - March 2008) were originally identified as one of the most effective ways to submitted by EMI to DKKV and FFO in take the HFA forward. For highly vulnerable March 2008; copies of which may be requested cities like Kathmandu, a land use plan offers an from EMI or any of the project’s partner opportunity to incorporate risk reduction into organizations.
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Kathmandu Metropolitan City
Mr. Ganesh Rai - Chief Executive Officer Mr. Niranjan Baral - Former Chief Executive Officer Mr. Bimal Rijal - PWC Team Leader; Head, Physical Development and Construction Department; and former Head, Urban Development Department Mr. Tribhuvan Pradhan - Chief, IT/GIS Section, Urban Development Department Mr. Surendra Rajkarnikar - Civil Engineer, Physical Development and Construction Department Mr. Dhruba Kafle - Chief, Disaster Management Section, Urban Development Department Mr. Basantha Acharya - Law Division, Administration and Organizational Development Department Mr. Bishnu Joshi - Town Inspector, Enforcement Division, Administration and Organizational Development Department Ms. Kumari Rai - Division Chief, Public Health and Social Development Department
Mr. Devendra Dongol - Former Head of the Department of Public Works and Current Head of the Urban Development Department
Kathmandu Valley Town Development Committee
Dr. Bhaikaji Tiwari - Town Controller Mr. Shambhu K.C. - Member Secretary Mr. Dan Bahadur Malla - Engineer Mr. Ram Prasad Shrestha - Engineer Mr. Kamal Prasad Bhattarai - Engineer
Ministries and Related Departments of the Government of Nepal
Mr. Reshmi Raj Pandey - Undersecretary, Ministry of Local Development Mr. Dinesh Thapaliya - Joint Secretary, Ministry of Local Development Mr. Suresh P. Acharya - Joint Secretary, Ministry of Planning and Public Works Mr. Mahendra Subba - Deputy Director General, Urban Development Division, Department of Urban Development and Building Construction, Ministry of Planning and Public Works Mr. G.P. Gorkhali - Deputy Director General, Housing Division, Department of Urban Development and Building Construction, Ministry of Planning and Public Works
Earthquakes and Megacities Initiative
Dr. Eng. Fouad Bendimerad - Project Director, Earthquake Risk Assessment and DRR Expert Dr. Tabassam Raza - Project Manager, Disaster Risk Reduction Specialist
Mr. Jerome B. Zayas - Project Coordinator, Community Awareness Specialist Dr. Renan Tanhueco - Task Leader and Land Use Planner Dr. Marqueza L. Reyes - Task Leader, Land Use Planner and DRR Specialist Mr. Marino S. Deocariza, EnP - Socio-Economic Planner Dr. Eng. Noriel C. Tiglao. - Transportation Planner Atty. Asteya M. Santiago, Ph. D. - Former, Legal and Institutional Planning Expert Atty. Saviniano Perez - Legal and Institutional Planning Expert Engr. Sergio Abad II - GIS Specialist Leigh Lingad - Project Analyst Mr. Rajjan Chitrakar - Local Coordinator Ms. Julie Catherine Paran, EnP - Manager, Knowledge Development and Dissemination Mr. Kristoffer Berse - Editor and Head, Knowledge Management Mr. Wini Dagli- Knowledge Management Mr. Jose Mari Daclan - Knowledge Management Mr. Jerome Cruz - Knowledge Management and Layout Design Mr. Jesus Dominic Dizon - Editorial Support Ms. Zenaida Tejerero- Administration and Procurement Ms. Letty Perez - Accounting and Finance Ms. Anna Leah Baliton - Research Intern Ms. Joyce Lyn Salunat - Research Intern
National Society for Earthquake Technology - Nepal
Dr. Amod Dixit - Chief Executive Officer Mr. Ram Chandra Kandel - Director Mr. Surya Acharya - Program Manager Mr. Ganesh Kumar Jimee - Program Manager
German Federal Foreign Office / Deutsches Komitee Katastrophenvorsorge Mr. Karl-Otto Zentel - Chief Executive Officer Ms. Birgit zum Kley-Fiquet - Finance
External Reviewer Kenneth Topping - Kenneth Topping and Associates, San Luis Obispo, California
Project Adviser Mr. Friedemann Wenzel - Professor, Geophysical Institute, Karlsruhe University, Germany
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ADPC Asian Disaster Preparedness Center ADB Asian Development Bank BAP Bagmati Action Plan BASP Bagmati Authority and Sewerage Plan BCHLC Bagmati Civilization High Level Committee BM Bhaktapur Municipality CBD Central Business District CBOs Central Business Organizations CDS City Development Strategy DDC District Development Committee DDO District Development Office DDRC District Disaster Relief Committee DKKV Deutsches Komitee Katastrophenvorsorge DLRM Department of Land Reform and Management DOR Department of Road DOS Department of Survey DoTM Department of Transport Management DRA Disaster Risk Assessment DRM Disaster Risk Management DRMMP Disaster Risk Management Master Plan DRR Disaster Risk Reduction DUDBC Department of Urban Development and Building Construction EMI Earthquakes and Megacities Initiative FAR Floor Area Ratio FFO German Federal Foreign Affairs Office GIS Geographical Information System GoN Government of Nepal GTZ German Technical Cooperation ICIMOD International Centre for Integrated Mountain Development IEC Information and Education Campaign IMP Integrated Master Plan INGO International Non-government Organizations IT Information Technology IWO Implementation Work Output JICA Japan International Cooperation Agency KMC Kathmandu Metropolitan City KUKL Kathmandu Upatyaka Limited KVERMP Kathmandu Valley Earthquake Risk Management Project KVTDC Kathmandu Valley Town Development Committee LSGA Local Self Governance Act LSMC Lalitpur Sub-Metropolitan City
. MMI Modified Mercalli Intensity MOC Memorandum of Cooperation MoEST Ministry of Environment, Science and Technology MOHA Ministry of Home Affairs MOLD Ministry of Local Development MOLRM Ministry of Land Reform and Management MoPPW Ministry of Physical Planning and Works MRF Material Recovery Facility M-TM Madhyapur Thimi Municipality NGA Non-Governmental Agency NGO Non-governmental Organization NSET National Society for Earthquake Technology NWSC Nepal Water Supply Corporation PDC Pacific Disaster Center PEER Program for Enhancement of Emergency Response PO People’s Organization PWC Project Working Committee RSLUP Risk Sensitive Land Use Planning UDD Urban Development Department UNDP United Nations Development Programme UNEP United Nations Environment Programme VDC Village Development Committee WB World Bank
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This preliminary Risk-sensitive Land Use 2. Risk-Sensitive Land Use Plan 2020 (10 Plan (RSLUP) for KMC is a product of a years); and two-year cooperative undertaking by a multi- 3. Draft Zoning Ordinance Framework (10 disciplinary team of specialists and practitioners years). from KMC, NSET, and EMI. It is one of the four components of a larger project The Sectoral Profile provides a compendium aimed at mainstreaming DRR in Kathmandu of data and information on the physical, and Metro Manila. The development of the social, economic, cultural, infrastructure, RSLUP received the backing and support of environmental, and institutional characteristics public officials from within KMC, as well of the city, including its disaster risk landscape, as from other ministries and agencies of the which can serve as a chief source of information Government of Nepal (GoN). The outcome for planning, research, investments, decision- benefitted from inputs and comments of making, and other uses. It is available as a external peer reviewers, KMC local officials, separate report. and representatives of relevant ministries, in particular the Ministry of Local Development This RSLUP is a ten-year guide (2010-2020) (MOLD), Ministry of Home Affairs (MOHA), for realizing KMC’s desired spatial pattern of and the Ministry of Planning and Public Works development, with due consideration to the (MoPPW) through its concerned agencies, city’s seismic risks, emergency response and namely, the Department of Urban Development disaster management capabilities, through and Public Construction (DUDBC) and different land use policies and urban renewal the Kathmandu Valley Town Development schemes. Committee (KVTDC). The RSLUP builds on previous and existing The project also received inputs from various land use plans, land use maps and land use- development partners in Nepal through a series related programs of the government, as well as of consultations and workshops that took place policies, initiatives and studies in disaster risk during the course of the project. These include management (DRM) that affect Kathmandu, the United Nations Development Programme such as the Earthquake Disaster Mitigation in (UNDP), United Nations-Office for the the Kathmandu Valley undertaken by JICA Coordination of Humanitarian Affairs (UN- in 2002. The RSLUP explicitly incorporates OCHA), Asian Development Bank (ADB), assessments and projections for transportation German Technical Cooperation (GTZ), Japan and traffic management in the future. It also International Cooperation Agency (JICA), and includes strategies and actions that prescribe City Development Initiative of Asia (CDIA). reasonable limits and restraints on the use of property through proposed zoning regulations The deliverables for this particular project and other local ordinances and control component (i.e. PWO 1.1) are as follows: mechanisms for development within the city. 1. KMC Sectoral Profile; It is intended to serve as a guide for engaging
! " #$% & $ in historical preservation, infrastructure Activities) in the different development sectors, development (e.g. transport, utilities, facilities, the information on the financial performance etc.), regulating housing settlements and open of KMC, as well as the potential sources of space, reclassifying agricultural lands into non- funding for various projects, were not fully agricultural uses, and improving emergency addressed due to constraints in budget and management. It covers the entire territorial time. At the end of this document, a set of jurisdiction of KMC. future activities is outlined to complete and improve this RSLUP. This version of the The Draft Zoning Ordinance is meant to serve RSLUP should be considered as a working as the principal instrument for enforcing the document and not a comprehensive land use locational policies and performance standards plan. of the RSLUP. Once the zoning ordinance is enacted, further land development must be The structure and summary of this report is aligned with what is stipulated in the RSLUP. provided below. The document covers eight chapters with annexes on document reviews While this preliminary RSLUP provides a and proceedings of meetings conducted as part clear framework to guide the city’s future of the planning exercise. development, it is constrained by the following limitations: (a) some of the data used has not Chapter 1, Planning Mandates and Approach, been fully qualified and may need further provides the rationale for risk-sensitive land verification; (b) the financial implications of use planning and gives an introduction of proposed programs, projects, and activities the planning mandates and key policies and (PPAs) have not been evaluated; (c) the process plans that are relevant to land use planning in of adoption, implementation and enforcement Nepal. It presents a summary of the mandates of the RSLUP has not been engaged; (d) the of national, regional and municipal planning understanding of the RSLUP by the national authorities and directives from the various and international agencies (beyond KMC and ministries. The chapter also discusses planning NSET) has been limited; and (e) the awareness and mainstreaming frameworks and the overall campaigns, advocacy, and capacity building mechanism of integrating elements of DRR in efforts have been minimal. These limitations KMC’s planning process. It provides contents are due to the lack of financial resources and and limitation of the RSLUP. The chapter ends the limited timeframe allocated to the project. with the summary of KMC’s Sectoral Profile. The land use plan relied largely on secondary information derived from previous studies by Chapter 2, The Study Area, provides a KMC, KVTDC and government ministries. summary of the geography, hazards, and One major difficulty encountered was the socio-economic conditions of the city. It draws necessity of relying on risk assessment results information mainly from the Sectoral Profile to prepared in 2002, which focused on earthquake provide the initial context of the planning. hazards only. Data on other hazards (e.g., flood, landslides, fire, and others) were sketchy. These Chapter 3, Vision, presents the outputs of shortcomings are proposed to be addressed in the visioning exercise held in July 2009 in a future phase of the project. In addition, the Kathmandu City. It includes the description implications of existing or planned projects and elaboration of the measures of success (e.g. ongoing riverside development, proposed for various vision elements, as prepared by parking, and new roads) by development local stakeholders. In general, the city’s vision agencies were less studied and not fully emphasizes beauty, safety, tourism, health, incorporated in this RSLUP. green living, robust economy, and resilient local governance. While the RSLUP includes an initial list of proposed PPAs (Programs, Projects and
! Chapter 4, Development Issues and Problems, of facilities maintenance similarly contributes summarizes the challenges and opportunities to higher estimates of damage in the core and that could bring KMC closer to the realization adjoining wards. of its vision. Among the pressing development In terms of infrastructure, several bridges are concerns identified include congestion in the likely to be heavily damaged, closing most city core and sprawling development at the of the access points in and out of KMC. The periphery, inadequate housing and urban same earthquake study in Kathmandu Valley facilities, unregulated industrial and residential estimated that more than 10 percent of road expansion, poor income, and high physical length will be damaged and more than 50 vulnerability. Socio-economic concerns percent of bridges will be impassable if an include the loss of cultural heritage, ineffective earthquake with intensity IX hit Kathmandu education policy, decreasing performance of Valley. Almost all bridges connecting to the industries, and weak institutional capacities. international airport are at risk. As most of Further the chapter emphasizes earthquake them have neither been replaced nor retrofitted, risk and its impacts, represented by a M8.0 implications for damage and consequent Mid-Nepal Earthquake scenario which could disruption remain substantial. Note that these potentially produce a level of intensity of IX as estimates are based on data that is at least ten measured by the Modified Mercalli Intensity years old. In view of the increase in population Scale MMI1. Such scenario is expected to in the last decade and further degradation of heavily damage 53,000 buildings and result the physical infrastructure, the losses should in 18,000 deaths and 53,000 injured persons be expected to be much higher. However, the within Kathmandu Valley. However, these project did not have the resources and time to estimates are based on census data from 1991. improve on existing data. Since then, the population of the Kathmandu Valley has just about doubled and the density The public transportation system of KMC has significantly increased, thus increasing the is characterized by the dominance of low- physical and social vulnerability of the city. The occupancy vehicles namely, three-wheelers, actual losses could be several times greater than microbuses and taxis. Furthermore, the low these projections. quality of the existing public transport system drives the increasing ownership and use of On physical and environment issues, the private transport, particularly private cars and following are highlighted: shortage of motorcycles. This situation has contributed to habitable land against an increasing demand serious traffic congestion, air pollution and low for urban land, continuing loss of public energy efficiency. open space, conversion of agricultural lands, fragmentation of land parcels arising from Traffic scenarios developed by reducing trips in inheritance activities, backlogs in infrastructure the Core Area, that is, by transferring part of its development, declining water supply against population to the eastern or western areas of the increasing demands, poor wastewater collection city, revealed that such action only transfers the and treatment, deterioration of heritage sites traffic elsewhere within its boundaries. Hence, and environmental deterioration, air pollution, it is suggested that decongestion may likely be electrical power shortages, open dumping of achieved if future population be directed outside solid wastes, traffic congestion with decreasing of Kathmandu City and towards the Valley capacities, and structural risks to old buildings boundaries. An identification of possible sites specially those made of brick and mortar. Lack is suggested in this RSLUP, but requires further + Y 2 $ '2( studies on their availability and suitability, and . $ . H the resultant traffic between municipalities 3 3 2 and VDCs. A Valley-wide transport study 3 . . H . $ 3$ H was suggested to reveal the dynamics of this movement and identify the needed
! " #$% & 8 infrastructures and policies, the implications accommodate the population projected of hazards (e.g. flooding, landslides, ground in 2015 but it is unlikely that they will be shaking, and liquefaction) and their related risks able to do so in 2020. Wards 11 and 32 on the proposed new development sites, the will remain congested, and raising the FAR transport system proposed, and the resulting may be questionable at this time without emergency scenarios that need to be identified further information on ground conditions and evaluated. The appropriate risk reduction and allowable height restrictions from measures should then be integrated into future microzonation studies. Wards 1 and 33 can land use plans or investment projects not just for accommodate a larger population and may Kathmandu City but for the entire Valley. be possible for densification.
The chapter similarly suggests a list of mutually • In the North, even if a FAR of 2 is reinforcing risk reduction and development maintained, Ward 16 will still have the strategies such as (a) restricting or discouraging heaviest concentration of population to be new structures in high-risk areas (Core Area); housed. Ward 3 will increase its capacity; (b) providing economic incentives to discourage while Wards 2, 4 and 29 can accommodate development in high-risk areas; (c) use of land residential population in 2015 but will pooling experiences by KMC; (d) relocating exceed this capacity in 2020. occupants in high risk-buildings; (e) protection of critical facilities; and (f) encouraging • In the Core, available land area will no government and private sector to observe longer meet the projected population in building bylaws and zoning regulations. These either year even if the FAR is raised to 2, strategies are further listed in Tables 4.7-4.11. revealing a truly congested situation.
Chapter 5, Towards a Preferred Urban Form, • In the West, raising the FAR to 2 increases discusses the preferred urban form as the the residential capacity to meet demand in organizing concept for guiding the physical 2015 but not in 2020. growth of KMC. It indicates the initial bases and considerations for deciding on an alternative While these are crude assumptions and strategy. In the absence of an updated inventory estimates, augmenting existing residential on characteristics of residential buildings (i.e. areas for future population through infilling floor area ratio (FAR), percent area occupation and densification may be possible but rather of buildings), assumptions were made to difficult to promote at this time without check theoretically if future residential areas in verifying the actual FAR of buildings on the each ward having a FAR of 2 and 50 percent ground, and resolving the transport congestion occupancy were sufficient to house its future problem. Hence, special studies on these residential population (based on projections). are required for ascertaining availability and Based on this, results of the projection are as suitability of sites for residential-mixed used follows: areas.
• In the East sector, the projected population At the same time, it also points to the fact that by 2015 or 2020 cannot be accommodated in some wards, increases in capacity, through by its own allotted residential areas. Wards densification of residential areas, may no longer 7, 34 and 35 are likely to remain congested, be feasible after the planning period. Hence, even if the FAR is doubled. Wards 8, 9 and looking for possible residential sites outside of 10 have enough space to accommodate their KMC and towards Kathmandu Valley remain own populations, but this is likely to be the most plausible options. These findings exceeded in 2020. and conclusions should be further refined by more detailed studies that also integrates an • In the Central sector, Wards 5 and 31 can comprehensive analysis of the transport system
: in the Valley. the streets and square be restored to allow for their exclusive use by pedestrians. Mercantile The redevelopment of the core area needs to be operations shall also be regulated; hence, private prioritized to include measures for (a) relocating buildings shall be used only for traditional and part of the existing residential population compatible activities. Boundaries and buffer outside the Core area; (b) reducing building and zones identified and approved by the World traffic congestion and deterioration of heritage Heritage Committee shall be enforced. Access sites; (c) directing future non-compatible to emergency vehicles and fire fighting engines commercial activities outside the city; (d) should be improved. pursuing redevelopment or preservation with seismic risks in mind; and (e) providing access Given the varied and special requirements to open areas and an emergency plan (e.g. towards the preservation of the heritage site and considering the possible blockages created by redevelopment of the Core and its vicinity, this damaged buildings over narrow streets and area should be taken as a special zone. roads in an earthquake). The Central Sector Growth Area In summary, the strategy proposed at this time focuses on protecting assets (specially the The central area being heavily built up, is core area) through a combination of seismic congested with mixed uses. The circulation retrofitting of buildings and infrastructures and network serving the wards in this area is the relocating existing structures or locating future “Ring Road”, which shall be improved by structures in safer environments and planned widening its connection with the Madan areas. The latter strategy may include future Bhandari Path. A commercial buffer strip along planned expansion in safe, available areas in the the Madan Bhandari Path shall provide for the Valley. The possibility of forming a new risk- new medium to high density commercial uses sensitive multi-centered development supported proposed to concentrate along this road; while by a properly planned transport system may dense mixed residential uses shall continue to hold the most promising prospect towards the dominate the rest of the sector. Strong land use realization of the KMC vision within the Valley. policies will have to be instituted to maintain Within Kathmandu City, different development the buffer as well as densify these areas to its areas and corridors (see Figure on Kathmandu carrying capacity under FAR of 2 to 3. City Land Use) are described briefly: This central sector will maintain its function The Core as the financial and business district of the city, leaving the traditional role for worship, As the traditional city core, it functions as pilgrimage and other related mercantile the nerve center of the social, economic and functions at the core. political life of KMC. The heritage site in the core shall be restored close to its original design Wards outside the CBD (central business and form (Integrated Management Framework, district) will be medium density residential Kathmandu Valley World Heritage Site, 2007). areas, where row houses and townhouses will be With the cultural and heritage value of the encouraged. monuments in mind, the structural integrity of the monuments and remaining structures shall The East Sector Growth Corridors be reviewed for possible seismic retrofitting against ground shaking and related hazards. Development of the eastern and southeastern The use and function of the public spaces sections of the city is influenced by the airport shall be continued, but will be based on the location. Providing the vital link from this understanding and appreciation of the heritage airport into inner areas is the same Madan values of the site. The RSLUP suggests that Bhandari Path. The east sector, in general, will
! " #$% & < be promoted as a tourism and residential area Chapter 8, Conclusions and Future Work, incorporating into its master plan two major presents a rationale for the extension of the developments: 1) road commercial strips, and RSLUP to the whole Kathmandu Valley and 2) apartment housing. These two features will the completion of the Kathmandu City RSLUP serve as the focal points of this growth corridor. into a Comprehensive RSLUP. It proposes a Vegetable markets here will be expanded and related work plan for a subsequent three-year modernized in order to cater to the growing phase to undertake the work. population. FUTURE WORK In line with the city’s aim to further strengthen its role as the premiere center in education and Moving forward with the adoption, health services, vacant lands still available in the implementation and enforcement of the fringes of the East area (near land pooled areas) RSLUP will undoubtedly curb the risk may be used for setting parks that are conducive to Kathmandu and build the discipline to learning and healing. in development decisions and approaches The North Sector Residential Growth Area that has been lacking to date. The RSLUP This area shall be maintained as a tourist is a benchmark document in filling an destination. The highways oriented toward the important gap for the direction and control of north can serve as visual corridors leading to development within Kathmandu that should be the forest areas of the mountains. Therefore, the endorsed, adopted, implemented and enforced construction of high rise structures in this area urgently. shall be regulated. Nonetheless, it must be noted that this version The West Sector Growth Corridor of the RSLUP remains a working document. New developments will be identified by urban Some of its underlying data needs to be redevelopment zones (along the Outer Ring qualified, completed and refined. Its biggest Road) within the commercial buffer strips to limitation is that it is limited geographically to promote further commerce in the area. The KMC. Kathmandu City is physically, socially, West sector shall remain largely a residential area politically and economically fully enclosed comprised of “other residential area” categories within the Kathmandu Valley. The link between and land pooled areas. The preferred form will Kathmandu City and Kathmandu Valley is improve the riverside (Bagmati and Bishnumati) vital in terms of its demographics, economy, in this sector. living, and livelihood conditions. The RSLUP for KMC leads to the realization that Chapter 6, Kathmandu City Risk-Sensitive proposed strategies and approaches for future Land Use Plan, presents the land use plan and development are dependent on looking beyond the different land use policy frameworks for the the boundaries of the city proper. Key elements regulation of future land use activities, consistent such as transport and housing require a Valley- with the chosen spatial strategy. This section wide analysis in order to be understood, presents the four major land use policy areas assessed and incorporated adequately. Further, of settlements, production, protection, and the hazards and their consequences do not stop infrastructure. These four policy areas cover all at the city boundary; thus, approaches for DRR possible areas within KMC’s territory. and for effective emergency management must take a Valley-wide perspective. Other hazards Chapter 7, The Zoning Ordinance, presents a such as floods and landslides but also including framework for the zoning plan. Much of the the long-term effects of climate change materials are drawn from the KVTDC Building also need to be incorporated. Emergency Bylaws of 2007. Other annexes are also included management approaches must be framed in for completeness. the context of the Valley in order to organize essential emergency management elements such
' as fire fighting, search and rescue, evacuation, includes the extension of the RSLUP to shelter, water, health, sanitation, etc. Hence, multi-hazards as well as the incorporation of the comprehensiveness and completeness of a emergency management parameters. risk-sensitive plan is only possible in the context of the full Valley. At the same time, efforts to • Task 4: Valley-Wide Risk Sensitive extend the RSLUP to the whole of Kathmandu Transport Analysis. This task includes the Valley will lend themselves to improving and incorporation of Valley-wide risk sensitive completing the current Kathmandu City transportation study to serve as a backbone RSLUP, which will serve as a model to other to the Valley-wide risk sensitive development cities. framework.
The proposed scope of future work is structured • Task 5: Special Studies. This task includes into six tasks which will have two key the undertaking a several special studies deliverables: needed to refine the RSLUP (e.g., social housing, historical preservation, building 1. A Kathmandu Valley Risk-Sensitive code implementation). Planning Framework (KV-RSPF) 2. A Comprehensive Risk Sensitive Land Use • Task 6: Development of the Kathmandu Plan for Kathmandu City Valley Risk-Sensitive Planning Framework, This is the final task to integrate the above The six tasks are fully detailed in Section 6 elements into a Kathmandu Valley Risk of the report together with a corresponding Sensitive Development Framework with timeline. The proposed work is expected to take its companion document Kathmandu-City three years. However, the work can be phased Comprehensive RSLUP. These elements with Task 1 being given the priority, followed can then serve as guides and model for other by an effort to complete the Kathmandu cities to develop their own RSLUP. City RSLUP. For reference, the six tasks are indicated below: It has to be emphasized that the mainstreaming process should continue towards further refining • Task 1: Adoption, Implementation and and updating this land use plan up until the Enforcement of Kathmandu City RSLUP. implementation stages. Hence, other stages of This task includes reviewing, improving, planning such as local financial planning, project and testing the legal and institutional programming and budgeting, monitoring and arrangements for adoption, implementation evaluation programs need to be included in and enforcement of the RSLUP. succeeding planning activities. Performance indicators will also be included in the task. CONCLUDING STATEMENTS
• Task 2: Valley-Wide Data Collection The decision to manage the city according to and Completion of the Kathmandu City the mandates of the Local Self-Governance Act RSLUP. This task includes the development (LGSA) provides local governments such as of a Sectoral Profile and related Resource KMC and other municipalities the authority Maps to the whole Valley. It also includes to take public control over the direction and the incorporation of on-going and planned pattern of development in their territories. development projects into the RSLUP, as Through a rigorous risk-sensitive planning well as its completeness and refinement into process, local governments such as KMC can a Comprehensive RSLUP. be proactive in prescribing the use of land, with the guidance and support of higher government • Task 3: Valley Wide Multi-Hazard Analysis offices to achieve the following results: and Emergency Management. This task
! " #$% & = • Hazards such as earthquakes, floods and others are accounted for and their impacts reduced with time; • Settlement areas are made livable and safe; • Communities and institutions are prepared, with sufficient understanding of their capabilities, responsibilities and authorities before, during and after a disaster • Protected areas are respected and preserved for the benefit of all; • Infrastructure support is adequate and efficient to help a modern city become the model in the management of planned change; and • Production areas are used sustainably so that the needs of the present and future generations will continue to be adequately met.
Performance indicators of accomplishments in DRM by KMC and other national agencies responsible for land use planning, urban development and DRM should be used to benchmark the current situation and measure future progress. While being a first step, the framework for mainstreaming introduced in this RSLUP could similarly be used to guide development and allocation of land. The replication of the approach towards the Kathmandu Valley can provide lessons in managing risks common to cities and municipalities arising from natural hazards and climate change-related effects in Nepal and beyond.
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Many highly urbanized and urbanizing cities A collaborative approach was selected to ensure fail to consider that risk to disasters is not pro- full ownership of the project by KMC and other duced by natural hazards alone, but are similarly local partners and build the capacity within local man-made. Locating buildings, changing oc- professionals. The engagement of the partners cupancies, increasing building densities without in the project and their integration in a single considering the hazards of the place, developing team was instrumental to the success of the poor infrastructures, and not providing enough project. To initiate the process, EMI organized open spaces, among others, are among the main a series of consultation meetings within KMC, ingredients for a disaster. The direct damage on leading to the creation of a Project Working these structures may oftentimes be significant, Committee (PWC) comprising of different but non-structural damages and loss of lives units from KMC, KVTDC, the various Min- may prove to be more costly, derailing develop- istries (e.g., MoPPW, MOLD, and MOHA), ment plans and washing out hopes of its people NSET and EMI. Each member of the team had towards recovery. specific roles and responsibilities and contrib- uted to the project according to his/her own The major disasters in Yogyakarta, Indone- expertise. Leadership in the project was shared sia (2006) and Port-au-Prince, Haiti (2010) between partners, with EMI filling the technical are painful images which can provide similar and managerial gap, while local partners under- scenarios of a devastating earthquake hitting took most of the data collection, consultations, Kathmandu Valley in Nepal. Rather than taking coordination and validation. The mobilization the Mid-Nepal Earthquake scenario (KVTDC/ of all the resources among the partners enabled JICA earthquake study in 2002) as one of fate, a significant scaling up of the outcome of the this potential disaster can be avoided. project as well as the possibility to overcome many hurdles during its implementation. The Essentially, RSLUP came about as an offshoot PWC served as the technical, managerial, logisti- of a previous study undertaken by EMI, KMC, cal and administrative unit of the project, as well NSET and other local and international part- as the consultation and coordination agent for ners to develop a disaster risk management the different activities needed for the RSLUP master plan (DRMMP) for Kathmandu during formulation. the period 2005-2006. This RSLUP integrates elements (i.e. disaster risk assessment and During the initial meetings by the PWC, several mitigation) into local land use planning by: (a) key points were identified as crucial in ensur- using available seismic hazard and risk informa- ing the crafting of the plan: (a) incorporation tion; (b) including emergency management of existing land use maps and other available parameters (e.g., evacuation roads), (c) prescrib- land use information (e.g., development and ing a series of disaster risk reduction strategies master plans, the risk maps resulting from the and actions in the land use planning practice; JICA-funded study in 2002, and the findings and (d) delivering a rational risk-sensitive land and results of Phase 1 of this study); (b) devel- use plan to guide the future development of oping protocols to improve inter-institutional Kathmandu. coordination, complementing strengths and
! " #$% & @ weaknesses of the PWC members; (c) providing At this time, the current zoning scheme’s main for a framework for mainstreaming DRR in land functionality is to frame possible urban zon- use plan formulation; (d) identifying and defin- ing. In spite of these limitations, the RSLUP ing programs aimed at reducing physical and provides a rational framework to guide future social vulnerability; and (e) promoting aware- development within Kathmandu in a process ness and gaining support on the importance of that will undeniably produce a safer and more practicing risk sensitive land use planning. These sustainable development than the ad-hoc and initial series of activities provided for the project haphazard manner under which the city has scope and framework for mainstreaming DRR in developed in the last several years. KMC. Similar project-related outputs were prepared The elements of the RSLUP and its driving by KMC complementing this RSLUP, namely, parameters were prepared through a series of the creation of Disaster Risk Management and workshops and investigations by the members of Citizen Safety (DRMCS) Unit and the for- the PWC, relying mainly on secondary informa- mulation of a related Emergency Operations tion and subsequently reviewed and updated by Plan, both as part of PWO 1.2 of the larger the PWC members through validation exercises. FFO project. These are meant to institutional- In terms of data processing and mapping for the ize disaster preparedness and management and RSLUP, substantive efforts and resources were preparedness units within KMC and further committed by KMC and NSET to collect the strengthen the ownership process by local insti- appropriate information, analyze and formulate tutions. it in a way that is required by the RSLUP. The project drew particularly on information in the Several follow-on activities need to be under- geographic information systems (GIS) in place taken in order for the RSLUP to become an in each of the KMC departments as well as at effective document in guiding the city’s future NSET. Coming up with new data and updated development. First and foremost, implemen- information proved to take much time and re- tation and enforcement mechanisms need source, especially for purposes of understanding to be developed through appropriate regula- and establishing trends on demographic, social tion, empowerment, training and awareness. and economic growth, and spatial distribution in Without enforcement, the RSLUP will remain Kathmandu. The EMI technical team provided just a “plan.” Secondly, Kathmandu City is the guidance in terms of the type and format of geographically and politically integrated with the data and lead the analysis and integration of the rest of the Kathmandu Valley. Its land-use the data within the PWC. However, while some strategy and requirements cannot be undertak- of the data was in satisfactory quality, others were en in isolation from the adjoining municipali- either unreliable, could not be located, or did ties and localities within the Valley. Thus, the not exist. In addition, the PWC did not have RSLUP must be completed to include the full the resources or time to locate and collect all Kathmandu Valley. Thirdly, the RSLUP needs the data that may be in the hands of the various to be completed by integrating all development national institutions and international develop- projects undertaken by national and interna- ment partners. Furthermore, the same limita- tional development agencies and by completing tions in time and resources made the project rely and qualifying uncertain or incomplete data. mostly on available information. The project Fourthly, refinements of the plan are needed did not have the possibility to update existing to include other hazards (e.g. flood). There is information or generate new data (e.g., hazard also a required activity to improve the technical and risk information, inventories on buildings, capacity of planners and other professionals at traffic demands, among others) through further KMC, KVTDC and at national level institu- inspections and studies. Thus, some elements of tions (Ministry) which are similarly envisioned this RSLUP need to be further qualified and its to take the lead in mainstreaming risk reduc- accompanying zone plan accordingly modified. tion in the land use and development processes
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The Kathmandu RSLUP is undertaken as a pilot study to provide an example for Nepal and other cities in the developing world as to how DRR and emergency management consider- ations can be explicitly integrated with land use planning and urban developmental planning. By completing this project, Kathmandu City will be one of the very few cities in the develop- ing world that has completed a risk-sensitive land use plan. Thus, this project could have significant value to the implementation of urban DRR if this pilot study is completed, duplicated and refined in other cities.
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1.1. Rationale for Risk-Sensitive Land Use KMC is facing a number of problems related Planning for Kathmandu City to its growing population. One major issue of the city is congestion due to high population Historically, Nepal has experienced several density. Population density in the city had destructive earthquakes with more than 11,000 crossed over 1,000 persons per hectare in some people killed in four major earthquakes just wards particularly at the city core. This has in the past century. The recently developed resulted in several related concerns such as and published “Three-Year Interim Plan increased traffic, high level of waste generation, (2007 - 2010)” of Nepal recognizes disasters as and increased demand for urban services and one of the major impediments to its national facilities. In relation to seismic hazards, most development. A review of the seismicity and structures are old and made of stone, brick and damages in Nepal reveal that damage intensities mud whose structural elements are unlikely (see NSET website, http://www.nset.org.np ) to withstand strong shaking leading to their greater than or having same intensity (MMI) damage or structural collapse. Some buildings VI may recur every 21 years, damage intensities stand closely near rivers (Bagmati, Bishnumati greater than or having intensities greater than and Dobikhola) and are prone to collapse from (MMI) VIII may recur every 38 years, and the liquefaction. Previous studies have identified more extensive damage under (MMI) intensity possibilities of strategic roads and bridges likely IX may recur every 75 years. Based on the to suffer damages under strong ground shaking. earthquake catalog, Nepal faces one earthquake Other visual indications that damage and of Magnitude 7 or greater every 75 years, on collapse are likely to result in deaths and various average. Such magnitude earthquake could be degrees of injury are revealed from high density extremely damaging to urban metropolises as of structures and their high occupancy adjacent demonstrated by the M7.0 January 2010 Haiti to narrow streets; heavy foot and vehicular earthquake. Even more alarming is that since traffic in old sections of the city, and lack of 1800 five (5) events of M>= 7 have affected strategic fire stations to contain building fire. Kathmandu. Recent damaging earthquakes in The visual images of mass casualties and injuries, Nepal were recorded in 1980 and M8.3 in1934, poor access to the damage site and egress to with the first documented earthquake in 1255. evacuation sites and to medical facilities provide impetus in planning the city against seismic A risk assessment by JICA and MOHA in risks. a 2002 study titled, “Earthquake Disaster Mitigation in the Kathmandu Valley,” illustrated In general, these existing conditions contribute the implications of a Mid-Nepal Earthquake to increased vulnerability of communities, scenario on Kathmandu Valley as follows: (a) compounding the possible disruption of various number of heavily damaged buildings: 53,000 functions and destruction of physical assets. or 21 percent of all buildings; (b) death toll: Added to this problem is the limited supply of 18,000 or 1.3 percent of the total population in lands and resources to serve the needs of the the Valley; and (c) number of seriously injured future population for infrastructure related people: 53,000 or 3.8 percent of the total to housing, transportation and other urban population in the Valley. services.
! " #$% & $8 One way of addressing development problems in ability to cope with or recover in times of the face of seismic risks is to deal with identified disaster. risks and their management in the planning process. This approach was taken in the land use • Identification of hazard-prone areas where planning exercise for KMC. future settlements may be discouraged or restricted, or where possible structural This RSLUP is the municipal counterpart of adjustments may be implemented. These Valley-wide physical framework plans prepared constraints to development become part by KVTDC. It is a ten-year guide (2010-2020) of the development goals and issues. for more detailed development planning of Kathmandu City. The land use plan provides a • Improved preparedness and realistic long-term view of how land can be best utilized emergency operation plans to prepare to provide the platform for various development for effective response and to develop the activities, as well as serve as a key component capability to deal with emergency and (e.g. soil) for producing various goods. As such, reduce loss of life. land can serve a multitude of uses such as for settlements, production, infrastructures and • Increased awareness of decision-makers maintaining lifelines (e.g. food from forests and and stakeholders to ensure reduced loss to water from aquifers). life and property from seismic risks.
It also adopts or seeks to strengthen the role • Inclusion of appropriate risk reduction identified for the city in the higher-level plans measures in priority programs and projects and aligns its infrastructure projects along those and eventually provided with budgetary plans (e.g. KVTDC, Ministry). Regional plans resources and implemented in periodic or Valley-wide projects that will be located in plans, duly monitored and evaluated. KMC shall be chosen with the participation of affected local residents and in consideration of • Appropriate identification of zones for the inherent natural hazards of the place. These various land uses, with relevant resolutions sites will be committed lands forming part of the and legislations promulgated to support Kathmandu City land use plan. It shall confine them. Clear directions to Building or divert settlement, production areas, and Bylaws of KMC are crafted following the infrastructures outside of areas that are protected prevention and mitigation policies and from human activities and shall identify and measures identified in this plan. prescribe the necessary adjustments in case of unavoidable threats from natural hazards. These elements constitute the foundations of a risk-sensitive land use plan. Once translated Natural hazards that pose significant threats to and enacted into a zoning ordinance, the these land uses, to the elements below and above policies in this RSLUP become mandatory them, and to corresponding land use activities, and enforceable. Enforcement is the key to its shall be reduced, if not eliminated. Hence, land implementation, and concerns regarding this use planning offers a way of integrating these area remain to be addressed. concerns as well as their possible solutions. As a first step, the integration of seismic risk This document was developed to serve as assessment and the subsequent risk reduction a source of information for the important measures in this plan may result in: elements, approaches, methodologies for mainstreaming seismic risks and their • A better knowledge and understanding management in the land use planning of the seismic risks and the vulnerabilities exercise at the local (e.g. city or municipal of exposed communities, their social planning) level. It is hoped that it can be and economic susceptibilities, and their adopted, completed, improved, implemented
$: and enforced by KMC and other relevant 1. The Interim Constitution of Nepal 2063 government agencies in Nepal. It is also (2007) hoped that it will serve as a model to other cities in Nepal and other countries on how to Under this Interim Constitution, provinces are integrate DRR in land use planning and urban granted autonomy and full authority to plan development. for their territories. Article 140(1) stipulates the mobilization and allocation of responsibilities 1.2. Legal Mandate for Plan Formulation and revenues between the Government of Nepal and local authorities as provided by law, In coordination with local municipalities and in order to make the latter accountable for the Village Development Committees (VDCs), the identification, formulation and implementation KVTDC is responsible for the overall planning of local level plans, while maintaining equality and regulation of urban development at the in the mobilization, appropriation of means and Valley level. Its work includes the formulation resources, and distribution of development. and updating of Valley development plans and land use plan for the region. These plans serve to 2. Three-Year Interim National Plan (2064- guide the municipalities within the Kathmandu 2067) (2007 - 2010) Valley, including KMC, in developing their own detailed land use plan. This plan was prepared with federalism in mind in order to provide a certain level of KVTDC exercises land redevelopment through autonomy to the local government, under the land pooling and guides land development supervision of a Regional/Provincial body. projects in KMC and other municipalities The regional body and the local government and cities within the Valley. Land pooling is a units that compose the regional body shall be powerful tool that KVTDC is already using, responsible for the development of the region which may be used to integrate DRR in the in accordance with the specific needs of the urban development and land use planning constituents in order to uplift the present processes of KMC. standard of living. Hence, the restructuring process results in a multi-tier government with At the national level, laws and acts of the State the national government being called the Federal are being approved by the Parliament. These Government and the regional government as legal frameworks and policies may come from Federal States. The local government is to be various ministries while the Ministry of Laws given autonomy, but supervised by the State. reviews and consolidates such initiatives. After receiving confirmation from the Cabinet, the 3. Tenth National Plan (2002-2005) legislation enters into force and is implemented by concerned ministries. These national Significant issues addressed in this document legislations are cascaded down through the include Unit 21-Residential Building and Town bureaucracy in the form of bylaws promulgated Development Planning, which covers, inter alia: by the concerned ministries and other governmental institutions. • Regulating haphazard construction with proper development controls in town Below are highlights from several key policies development planning; and development action plans that are relevant • Establishing good partnerships with to understanding land use planning and local villages; development in Nepal: • Providing incentives to private sector developers to ensure safe and affordable
! " #$% & $< housing (i.e., with considerations of (1) Conserve rivers, streams, ponds, deep water, earthquake safety and promoting local and wells, lakes, stone water-taps etc. and utilize or affordable construction materials); cause to be utilized them properly. • Providing guidelines for managing environmental degradation and for (4) Assist or cause to be assisted, in environment orienting people about DRR before the protection acts by controlling water, air implementation of any project; and and noise pollution to be generated in the • Preparing and implementing town Municipality area. development policies and regulating city development by local governments. The (5) Protect or cause to be protected the forests, program and policies will be developed, vegetation and other natural resources within taking into account the disaster risks in the the Municipality area. cities. (7)Carry out and manage or cause to be 4. Local Self Governance Act of 1999 carried out and managed the acts of collection, transportation and disposal of garbage and solid Section 96 of the Local Self Governance Act wastes. (LSGA) of 1999 stipulates the functions, duties, and responsibilities of municipalities, including (d) Education and Sports Development: Kathmandu City, to wit: (1) Establish, operate and manage pre-primary “Section 96. Functions, Duties and Power of schools with own source in the Municipality Municipality: In addition to executing or causing area and give permission to establish the same. to be executed, the decisions and directions of the Municipal Council, the functions and duties to be (6) Open, operate and manage or caused to be performed by the Municipality mandatorily in the opened, operated and managed, libraries and municipal area shall be as follows: reading halls in the Municipality area.
(a) Finance: (7) Prepare and implement or cause to be implemented, sports development programmes. (1) Prepare annual budget, plans and programmes of the Municipality and submit (e) Culture: them to the Municipal Council. (1) Prepare an inventory of culturally and (b) Physical Development: religiously important places within the Municipality area and maintain, repair, (1) Frame land-use map of the Municipality protect and promote, or cause to be maintained, area and specify and implement or cause to repaired, protected and promoted the same. be implemented, the industrial, residential, agricultural, recreational areas, etc. (f) Works and Transport:
(2) Prepare housing plan in the area of (1) Prepare plans of unpitched and pitched Municipality and implement or cause to be roads, bridges and culverts as needed within implemented the same. the Municipality area, except those roads which are under the responsibility and control of the (4) Develop, or cause to be developed, green Government of Nepal (GoN), and construct, zones, parks and recreational areas in various maintain and repair or cause to be constructed, places in the Municipality area. maintained and repaired the same.
(c) Water resources, Environment, and Sanitation: (2) Arrange or cause to be arranged for bus
$' parks and parking places of rickshaws (three- (26)Carry-out such other functions as are wheelers), horse-carts, trucks etc. within the prescribed under the prevailing law.” Municipality area. In addition to the functions and duties referred (g) Health Services: to in sub-sections, the Municipality may also perform the following optional functions: (2) Open, operate and manage or cause to be operated and managed health posts and sub- a. Control unplanned settlement within the health posts within the Municipality area. Municipality area;
(h) Industry and Tourism b. Make the structure and development of the town well-planned through the functions such (1) Act or cause to act as a motivation to as guided land development and land use; the promotion of cottage, small and medium industries in the Municipality area. c. Launch programmes to control river pollution; and (2) Protect, promote, expand and utilize or cause to be protected, promoted, expanded and d. Carry out preventive and relief works to lessen utilized, natural, cultural, and tourists heritage the loss of life and property caused by natural within the Municipality area. disasters.
(i) Miscellaneous: Further, Section 111 of the LSGA provides the following instructions in the formulation and (1) Determine and manage places for keeping implementation of municipal plans: pinfolds and animal slaughter house. (1) Each Municipality shall have to formulate (2) Protect barren and government-owned periodical and annual development plans for the unregistered (Ailani) land in the Municipality development of the Municipal area. area. (2) In formulating the plans, the Municipality (6) Frame by-laws of the Municipality and shall, as per necessity, have to launch plans such submit it to the Municipal council. as land-use, land-pooling, and guided land development for making the development of the (7) Carry out necessary functions in managing Municipal areas balanced and planned.” and responding to natural disasters. 5. Town Development Act of 1988 (8) Maintain inventory of population, houses, and land within the Municipality area. Section 3 indicates the role of the local government in developing the plan and the role (13) Update the block numbers of the houses in of Town Development Committee to approve the Municipality area. the plan for implementation.
(14) Arrange for animal slaughter houses. 6. Kathmandu Valley Development Authority Act of 1988 (17) Grant approval to open cinema halls in the Municipality area. Section 6 pertains to the development of Kathmandu Valley by improving existing (21) Carry out or cause to be carried out town development and identifying new areas other acts relating to the development of the for urban expansion. It also highlights the Municipality area. development and implementation of land
! " #$% & $= pooling program and building construction in affordable to citizens through joint partnerships identified areas. with housing and land developers. As provided for in the law, housing companies or developers Section 7 explicitly highlights the need to stop and land owners may enter into agreements land fragmentation in the identified land use regarding development and ownership of plan area. Land fragmentation is the result of apartments. Approval and permits are obtained dividing a parcel of land into smaller sizes by the from the local government. Ownership cannot head of the family and distributing the pieces be transferred without permission from the of land to his heir or members of his family. In joint committee. many cases, the resulting lots become inadequate in size and shape for the construction of a 10. 2007 Bylaws for Construction in comfortable house or that the building is built Kathmandu Valley higher in order to accommodate the expanding family occupants. However, whenever the With the enactment of Kathmandu Valley original lots are pooled or consolidated into Town Development Act of 1976, a building bigger lots or parcels, the resulting area would construction bylaws was formulated and yield a building structure with adequate implemented to safeguard life, health and amenities and open spaces for air to flow public welfare. It was a framework containing through. minimum standards and requirements to regulate and control the construction of new 7. Building Act of 1999 buildings in the Valley. The building bylaws was updated in 1993 and in 2007. The Preamble of this Act provides for disaster- resistant building design and construction The current building construction bylaws standards to make buildings safe from natural cover the rules and regulations on building disasters like earthquake, fire, floods, among construction in the following cities, others. Section 4 calls for the formulation and municipalities and VDCs: adoption of a building code and implementation of the same with the end in view of improving • KMC, the quality and safety of each building. Section • Lalitpur Sub-Metropolitan City, 8 mandates the categorization of buildings into • Bhaktapur Municipality, different classes and the issuance of a building • Madhyapur Thimi Municipality, permit prior to construction in the municipal • Kirtipur Municipality, and areas. • adjoining VDCs
8. Local Administration Act of 1971 According to the Building Bylaws of 2007, KMC is divided into nine zones, listed as The Act designates the Chief District Officer to follows: make an inventory of local, unregistered, open government land and protect the government A. Old City zone land from private illegal acquisition. If public a) Protected Monument sub-zone lands such as parks, ponds, grass field and others b) Protected sub-zone are unlawfully registered, this registration will be c) Mixed Old Residential sub-zone cancelled. B. Residential zone 9. 2003 Apartment Ownership Act 1998 a) Business sub-zone Revised Bylaws for Construction b) Dense Mixed Residence sub-zone c) Other Residential sub-zone This Act is issued to facilitate apartment d) Planned Residential sub-zone ownership by making house ownership
$" C. Institutional zone D. Municipalities should concentrate on D. Industrial zone priority areas while taking into consideration E. Protected zone (park, forest, greenery, open the following : space, historical, cultural and religious areas, a) Productive and results-oriented; etc.) b) Improvement in citizens’ standard of F. City expansion zone living; G. Plane transport zone c) Low-cost and engaging people’s H. Airport zone participation I. Sports zone d) The use of local resources; e) Technology-oriented Development controls to regulate the areas f) Women and children include the following: g) Environmental sustainability
• maximum ground coverage, E. Additionally, plan preparation should • maximum floor area ratio, consider the following elements: • maximum height of the building, a) City’s geophysical situation, economic • maximum number of stories, and activities, and state of natural resources • setback to adjacent plot as well as widths b) Different sectors balanced estimate and to road approach, feasibility analysis c) Indigenous or ethnic groups Provision of basement is classified for different d) Plans should be prepared by local people zones. Similarly, types of road within the city and should concentrate on local resources are classified as circumferential (ring road), highways, arterial road, connector road, feeder F. Each municipality should prepare a base road, special road, link road, river corridor, etc. map with city level statistics. Right of ways and setback for different roads are G. Each municipality should prepare feasibility classified accordingly. study for the project on the basis of: 1. Project objective; With the enactment of apartment laws, the 2. Project beneficiaries and type; Building Bylaws had included the rules and 3. Type of project and alternatives; regulations to construct apartment buildings as 4. Cost of project; well as group housing units. 5. Participation and contribution by users; 6. Environmental considerations; 11. Local Self-Governance Regulation of 2001 7. Peoples participation coordination with government and non government The Local Self-Governance Regulation (LSGR) organization. 2001 Municipal planning process highlights the following: H. City Level Planning can make use of various fund sources such as: A. Each Municipality should prepare a fiscal a) Cities own resources year plan for development. b) Grant from district development committee B. While preparing the plan, there should c) Grant from the national government be balanced city development strategy; to d) Grant/loan from different nongovernment regulate urban development, it should be organizations and international development based on land use plan, land pooling, and organizations. guided land development programs. C. Municipalities can take in consultants for the preparation of the plan.
! " #$% & $@ 12. Disaster Risk Reduction Mandate planning, settlements, and regulation of actual development on the ground. As shown in Upon completion of the proposed risk-sensitive Fig. 1.1, national ministries have a strong land use plan, KMC shall continue to review influence on decisions and actions at lower and evaluate the risks from natural calamities, levels. Additional plans and programs direct as provided for in Section 96(2)(m) of LSGA the development thrust on the ground, such which mandates local governments to “carry out as the Bagmati Authority and Sewerage Plan preventive and relief works to lessen the loss of (BASP) (a high-level authority for Bagmati life and property caused by natural calamity.” and Sewerage plan), Bagmati Action Plan A hazard assessment is initiated during the (BAP), Integrated Master Plan (IMP) of preparation of the Resource Map, which World Heritage Sites, Bishnumati Corridor according to Section 112 of the LSGA, Development Plan, Dobikhola Corridor reflects the situation of the municipal area. Plan, and Land Development Programme of Resource Maps include geologic maps, seismic KVTDC. and geotechnical hazard maps, soils map, geomorphologic maps, natural drainage map This RSLUP for KMC is a product of a and soil cover map, among others. These maps, series of consultations with several concerned when used together, would indicate the protected ministries and other national and international areas, areas of high risk, areas fit for building institutions involved in urban development and structures, and the city’s gross carrying capacity land use planning. The RSLUP also builds on for development. previous and existing plans and programs of the government in DRM as well as outputs of On the other hand, project feasibility studies, Phase 1 of the KMC RSLUP (e.g. Institutional when done in accordance with Section 113 Framework for Planning in Figure 1.1). of the LSGA, could help reveal vulnerability of projects, of its environment and of the The planning process for the current RSLUP community it serves to emergencies and follows the existing planning structures and disasters, susceptibility to hazards, and the functions i.e., RSLUP endorsement through community’s capacity to cope with hazards. the municipal council and consultation with the related ministries and Valley authorities The post-completion risk assessment of the simultaneously. KMC, being a leader of the proposed land use plan is important “for municipalities, shares this plan, lessons learned making the development of the Municipal area and good practices with other municipalities balanced and planned” (Section 111(2)), and and VDCs in their planning, and as an input for making sure, that the projects identified are to the different existing plans and the programs environmentally sustainable (Section 111(4)(f), in their jurisdiction. Thus, the current RSLUP LSGA). can be considered by other local government units in their development and physical The identification of risk could then serve planning processes. Hence, this allows KMC as basis for the preparation of appropriate to align RSLUP with national and local-level development and land use policies to help development thrusts. prevent, prepare for or mitigate the impacts of disasters, as mandated in the LSGA. There are, however, exceptions to the general hierarchy of ministries and these include 1.3. Institutional Framework for Planning politically significant entities such as the KMC, which had already exercised significant Nepal has a unique network of ministries autonomy in its development decisions and and other government subdivisions that are plan formulation. These plans and decisions concerned directly or closely with land use may not necessarily be aligned beforehand with KVTDC and a closer cooperation between
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+ $%$ , * & + Y . 12% )**D local officials like KMC and KVTDC need to development may be seen in Table 1.1. be encouraged and strengthened. On the other hand Sec. III, subsections 1 and 2 of LSGA provide guidelines in Future planning interventions should consider formulating periodic (5-years) and annual the current weak horizontal linkages between (1-year) development plans for the municipal various ministries, which had previously resulted area. Likewise, Section 111 provides the “list in uncoordinated and poorly implemented of projects that shall be given priority, such information exchanges and joint development as projects that can generate income for the projects; hence, engaging them early on in any municipality, poverty alleviation projects at the project is an important lesson to share. field such as livelihood improvement projects which can be operated with low cost and with Horizontal integration of land use plans people’s participation; projects to be operated were found to be very critical since the five though local means, resources and skills; projects municipalities had adjoining boundaries. providing direct benefits to the disadvantaged Moreover, land use issues and urban as well as indigenous groups and children; and development did not recognize political projects that can contribute to protect and boundaries between municipalities, albeit being promote the environment.” (Section. 111(4) cross-territorial in nature. Hence, effective (a-f)) horizontal and vertical coordination is a must should land use planning in KMC is to become The above-mentioned priority projects are a model for risk-sensitive land use planning in mirrored in the proposed programs and the whole Valley. projects developed during the workshop on Development Thrust and Strategic Planning In summary, many of the planning-related held on 17-20 September 2009. Unfortunately, agencies are still highly centralized, traceable the sources of funds to implement them have to the Nepalese history of hierarchical rule by not been identified. In the preparation and a single authority. There were other variables, formulation of its annual development plans uncovered later on that also explained the for the development of municipal area, Section habitual adherence to the chain of command. 111 (5) of the LSGA requires the municipality Institutions involved with settlement “to obtain guidance and prior estimation of the
! " #$% & !$ resources and means from the GoN, District Municipality shall, for the development of Development Committee, and other concerned the Municipal area, collect municipal-level bodies for the coming Fiscal year until the objective data and prepare a resource map month of March of each year.” reflecting the situation of the Municipal Area.” This is what KMC has done upon the The same section of the LSGA provides that completion of its Existing Land Use Maps for “even the Municipality itself shall have to 2001 and 2006. Several thematic maps were provide guidance on selection of projects and also prepared. formulation of plans to the different Ward Committees for the formulation of service and Additionally, the LSGA requires the conduct development programmes for the forth-coming of project feasibility studies. Section 113 fiscal year.” This requirement is consistent with stipulates that “in the course of implementation Section 111 (5) (b) which states that “projects of municipal projects, the Municipality shall have to be invited from the Ward Committees, have to undertake or cause to be undertaken consumers’ committees, and non-governmental feasibility study of the project.” The same organizations in the Municipal area, and plans section enumerated the matters to be set out in have to be formulated on the basis thereof.” a feasibility study.
Additionally, the LSGA in Section 111 (7) states 4 $%$ ) and reiterates that in formulating annual plans, 4 +% 12% )**D the following matters have to be taken into ! . , 18 . 4$ . account: & , +* & 'F $ 1. Directives received from the National ( Planning Commission and the District 6 $ $ 6 )*)*= Development Committee (which in 4 < . # the case of KMC is represented by $ +@DD "3 KVDTC, establish in 1988) on national # development policy; . , 2. Overall necessities indicated by periodic $ +@D: . plans; and 6 $ '"& 3. Suggestions received from the Ward C 7 . ( $ +@D9 $ Committees.
' Detailed land use planning is an inherent duty % !% and responsibility of municipalities. However, 7%( municipal land use plans should be congruent ! " I '. M N with the general or regional land use plan '#% 7% ! " ( prepared by the GoN or through the KVTDC !% ( in the case of KMC. This is the “top-down” 6 6 aspect of the planning process. Moreover, # KMC, as the municipality, is required to receive and consider suggestions about projects in the 1.4. Planning Structures, Practices, and municipal area from the Ward Committees. This Types of Land Use Plans is the “bottom-up” component of the planning process. Several plans had been prepared at the national and the local levels by concerned ministries and In order to support the formulation of municipal KMC over the past decades. However, many plans, Section 112 of the LSGA requires the of these documents were only incrementally preparation of a resource map, to wit: “Each implemented, if at all. Within the last decade, !! #1&4! "4E/2421
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GIS mapping had been developed in KMC, This framework also suggests that DRR can be making the visual planning easier; however, mainstreamed in local governance by harnessing the data had not been updated and most existing mechanisms, processes, and systems information were dated in 2001. that are already in place and making use of such resources. 1.5. Planning Frameworks In the context of KMC, EMI organized a series This section discusses the different planning of consultation meetings with different units frameworks and processes involved in drafting from KMC (the Urban Development Division, the risk-sensitive land use plan. Physical Development and Construction Department, Law and Enforcement Divisions 1.5.1 Mainstreaming DRR in Land Use of Administration and Organizational Planning Development, Public Health and Social Development Department); the KVTDC, Two important frameworks were used to guide various national-level Ministries (i.e. MoPPW, the preparation of risk-sensitive land use plans, MOLD and MOHA), and local partners such namely: the DRR mainstreaming Framework as NSET. Towards the latter stages, print and discussed below and the Risk-Sensitive Land broadcast media were also engaged to widen Use Planning Framework for KMC described in the awareness about the risk-sensitive land use the next section. planning project in KMC.
Fig. 1.2 shows the DRR mainstreaming The consensus of the initial investigative work concept developed by EMI to promote the undertaken by EMI in 2005 revealed the need integration of risk reduction measures in local to integrate natural hazard risk information in governance, in a way that significant risk physical planning. A series of discussions and reduction occurs at the local level (Buika et. al., workshops revealed the following conditions: 2006). The mainstreaming framework can be highly effective when local authorities, engaged • A need to understand and identify, in the normal conduct of their functions, describe implications of natural hazard (i.e. responsibilities, and practices, integrate DRR earthquake) risks in Kathmandu City and measures and objectives in various aspects reduce them through strategies (e.g. road of local governance such as urban planning. development) and land use approaches (e.g.,
! " #$% & !8 bring to safer places, use of open spaces). The above requirement to incorporate risk assessment in land use plans resulted in • A need to protect people, public and private identifying the following planning objectives: property (e.g. heritage sites, institutional and residential buildings), and maintain a. to identify, describe and understand the functions of critical facilities (e.g. hospitals, hazards and its impacts; water systems, public buildings, roads) from b. to understand the implications of the earthquake damages and losses. This was selected natural hazard risks; highlighted by the 2002 earthquake study c. to incorporate emergency management for the Valley where estimates of damages improvements; and losses under different scenarios were d. to incorporate/integrate the assessments made for the Kathmandu Valley and later as development issues and concerns and evaluated for Kathmandu City-being the translate it to planning goals, objectives center for various functions of the Valley. and targets; and e. to address the identified risk concerns • A need to pursue urban renewal strategies through available and possible strategies and transport strategies to address congestion and land use practices to achieve at the city core and central areas, preserve the identified development goals and public structures, squares, and rehabilitate objectives old, deteriorating buildings, redevelop areas as well as to control or delay sprawl towards The first three objectives were answered by the periphery with the implementation of revealing information about the hazards and building by-laws. their impacts. In Phase 1, earthquake concerns were highlighted and these became the basis • A need to address the observed for preparing the RSLUP. This was not to say fragmentation of land parcels and that other hazards were any less important, partitioning of building floor areas but studies were readily available to reveal in residential areas and the lack of the seismic risk information and became implementation of building codes and logical to integrate them as a first step in the by-laws that will help in allocating spaces mainstreaming approach. The fourth and to improve access, provide easements and fifth objectives were achieved by translating maintain a good mix of built up and open the seismic risk and their management as areas. development concerns and evaluating their implications as part of the land use planning • A need to integrate the needed changes exercise. under a risk sensitive planning approach which addresses the risks (natural hazard Figure 1.3 presents the risk-sensitive land risks) and their management as an approach use planning framework for KMC. The for sustainable development of Kathmandu components of the framework are explained in City. the next section.
These considerations were further confirmed in 1.5.2 Risk-Sensitive Land Use Planning Phase 1 of the project (EMI, 2008). However, Framework with the information obtained, an approach was needed on how mainstreaming seismic risk This section explains the components of the parameters in plans may be done at a metro- Risk-Sensitive Land Use Planning framework wide or city-scale planning level (i.e. KMC) shown in Figure 1.3. The framework considering the planning limitations and describes disaster risk assessment, the process arrangements with higher institutions in Nepal. of integration in planning, and the plan
!: + $%8 + * & formulation phases and the implementation earlier study entitled “Earthquake Disaster stages. Mitigation in the Kathmandu Valley” in 2002. The parameters considered are shown and 1.5.2.1 The Disaster Risk Assessment Process briefly described in Table 1.2. In Phase 1 of the project, vulnerability and risk maps specific for The Disaster Risk Assessment (DRA) process Kathmandu City were prepared. These sets of entails several steps prior to the integration information formed the bases for determining (or mainstreaming) of risk information in the the implications on the future development and planning process. It involves an assessment land use of KMC. of the following: (a) seismic hazard, (b) the vulnerabilities and risks of different elements The risk assessment relies on the following (e.g. people, buildings, facilities, activities, parameters shown in Table 1.2 as provided in etc.) in the city and the (c) requirements for the 2002 earthquake study by JICA. emergency management (e.g. open spaces, open access, access routes, etc.) It may be possible to include in the risk assessment different types of vulnerability A. Obtaining the Risk Information analysis such as socio-economic vulnerability and risk analysis related to other consequences Information on seismic hazards, vulnerabilities (e.g. indirect damages and losses, i.e. monetary and risk estimates were obtained from an loss, loss of function of specific sectors), effects
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from climate change and climate variability. emergencies, information on possible escape Understanding the implications of the risk routes at the Core area, temporary sites assessment to development requires the collective for evacuation, and locations of critical experiences and expertise of the planners, infrastructures (e.g. hospitals, water sources) scientific experts and stakeholders in different were mapped and provided. The basic sectors to address these threats. To treat them information on critical infrastructures, routes, as significant or not, or whether they are temporary sites were obtained from the JICA impediments to development and progress, will study (2002) and remapped using the aerial require further evaluation. images of Nepal from Google Earth. This revealed indicative movements and possible B. Emergency Management evacuation locations. However, the information will still require further validation as to In view of the spatial requirements for suitability in ground conditions.
!' 1.5.2.2 The Mainstreaming Activities A collaborative approach was selected to ensure full ownership of the project by KMC and other Mainstreaming activities pertain to the various local partners and build the capacity within local activities in the general planning process professionals. The engagement of the partners which aim to build on existing capabilities in the project and their integration in a single to initiate land use planning and integrate team was key to the success of the project. This risk information in the plan and in the unified Project Working Committee had the decision processes leading to the adoption of following Terms of Reference: the land use plan. These activities generally involved the mobilization of stakeholders and • To initiate the land use planning process, promotion of educational campaigns about EMI organized a series of consultation the following: disaster risks, role of land use meetings within KMC, leading to the planning in sustainable development, and the creation of a Project Working Committee activities for mainstreaming. Theoretically, (PWC) comprising of different units of the mainstreaming activities may be taken as KMC, KVTDC, the various Ministries being embedded within the planning process, (i.e. MoPPW, MOLD, and MOHA), assuming that an organization is available NSET and EMI. The PWC served as and capable of preparing a land use plan. The the technical, managerial, logistical and main difficulties, which are addressed by the administrative unit of the project, as well mainstreaming activities, lie in explaining the as the consultation and coordination agent elements of the disaster risks, how to use the for the different activities needed for the information for planning, determining its RSLUP formulation. See figure 1.4 implications to development and spatial plans and taking the necessary strategies for risk • Each member of the team had specific reduction. These apparently are the difficult roles and responsibilities and contributed areas, which traditional planning may need to to the project according to his/her own be enhanced by said mainstreaming activities. expertise. Leadership in the project was It is worth mentioning that it was through shared between partners, with EMI filling these mainstreaming activities that significant the technical and managerial gap, while work was made towards the finalization of the local partners undertook most of the data document. collection, consultations, coordination and validation. A. Mobilization of stakeholders • The mobilization of all the resources among The first step includes the involvement, the partners enabled a significant scaling up and mobilization of different organizations of the outcome of the project as well as the representing various sectoral task groups, possibility to overcome many hurdles during (e.g. from MOLD, MoPPW, KMC, NSET its execution and EMI) and defining and allocating their respective tasks and functions. This step also Through the PWC, several key points were included the conduct of orientation seminars. identified as crucial in crafting the plan, namely: The orientation was attended by officials and representatives of KMC, KVTDC, concerned a. incorporation of existing land use national ministries, hazard agency and civil maps and other available land use society. The objective was to familiarize the information (e.g., development and constituents with the objectives, processes, and master plans, the risk maps resulting importance of the planning project to the city, from the JICA funded study in 2002, as well as to seek their support and involvement. and the findings and results of Phase Participation and ownership building were 1); stressed as part of the goals of the project. b. development of protocols to improve
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inter-institutional coordination, B. Awareness and educational campaigns and complementing strengths and explaining the risk information weaknesses of the PWC members; c. provision of a framework for Previous and current awareness campaigns mainstreaming DRR in land use plan undertaken by KMC, NSET and the Ministry formulation; of Education, together with the series of d. identification and definition of stakeholder workshops conducted by EMI from programs aimed at reducing physical 2005 to 2007 to develop the local DRMMP and social vulnerability; and and its corresponding IWOs, were also helpful e. promotion of awareness and gaining in explaining the earthquake hazards and support on the importance of practicing their threats among various stakeholders. risk sensitive land use planning. These Though the educational campaigns had limited initial series of activities provided for coverage, they helped in contextualizing these the project scope and framework for risks as possible impediments to individual mainstreaming DRR in KMC. and collective goals and objectives of different sectors. Similar project-related outputs were prepared by KMC through the PWC, complementing The planning activities and field investigations this RSLUP, such as the creation of the Disaster conducted by EMI have highlighted the Risk Management and Citizen Safety (DRMCS) importance of including seismic hazard Unit and related Emergency Operations Plan assessment, vulnerability assessment, developed under Project Output 1.2 of this information on damage to infrastructure project, which provide for the institutionalization and utilities, and loss of life and property of the emergency management and preparedness information in planning Kathmandu City units in KMC and further strengthen the in order to initiate risk reduction through ownership process by local institutions. the existing processes. To provide the initial
!" inputs, risk assessment results from JICA’s and future decisions. This mainly formed Valley-wide earthquake study were used. The the content for mainstreaming activities in spatial information of earthquake risks in the the land use plan shown in Figure 1.5. The Kathmandu Valley was remapped and reviewed implications to development thrusts, existing in this planning exercise through a series of and future land use, as well as their management workshops, with NSET providing support and through different strategies of urban renewal validations as well as providing updates related and development control were discussed and to their earthquake risk reduction activities documented. in Kathmandu City (e.g., the community- based and institutional-based preparedness Towards the latter stages of the land use and mitigation programs such as ward-level planning exercise, an awareness campaign preparedness, school safety awareness, retrofit structure was developed by PWC to sensitize programs, mason training programs, and the the population and relevant institutions multinational PEER program, among others). on RSLUP, and encourage participation of Risk mapping appeared as a good starting communities. The structure identified the key activity for the spatial screening of audiences and corresponding communication environmental constraints and for guiding land objectives, message to be reached, medium of use to achieve sustainable development. communication, strategies and expected output of the campaign. The focus persons for each The implications of these assessments such as audience were chosen and expected outputs the disaster management issues and concerns defined by the PWC members. Table 1.3 shows identified were given possible and preferred the details of the awareness campaign structure. solutions, while taking into account the limited information and uncertainties involved. The two last field investigations in KMC were Strategies were formulated in order to address conducted by the Land Use Planning (LUP) these coupled problems of environmental Team from EMI to implement the strategies constraints and infrastructure and land and achieve the objectives of the awareness development, among others. Workshops were campaign. A series of consultations, meetings, held for KMC officials to validate and evaluate interviews and workshops were carried out from the risk maps and the information provided in the beginning of the project to the latest in previous studies. December, 2009.
In workshop meetings in Manila with KMC Highlights of the consultations and interviews officials in late September 2009, the risk conducted during the first field investigation on maps were used as among the parameters to 1-3 November 2009 are shown below: develop scenarios and implications to current development concerns. One important activity 1. Mr. Reshmi Raj Pandey, Undersecretary, which EMI accomplished with KMC was to and Mr. Dinesh Thapaliya, Joint Secretary, form the linkages and relationships between MoLD. Mr. Pandey appreciated the the planning environment (social, economic, presentation and said that it is really a good physical and environmental) and the causes initiation and if we get the realities of Land and effects of current development and land use planning in KMC it would be easy to use problems in Kathmandu City. Hazard, replicate later in other municipalities as vulnerability, risk information and emergency well. The involvement of KMC alone is not management concerns which were previously enough for the conversion of the document prepared in Phase 1 (DRA information, Table to become “doable” and hence, EMI needs 1.2) were similarly presented in the form of other representatives as well for support and texts, graphs, tables and maps to facilitate effective implementation of RSLUP. the discussion, that is, its significance, its 2. Mr. Shambhu K.C., Member Secretary, Dr. implications to present problems and concerns Bhaikaji Tiwari, Town Controller, Mr. Dan
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8# Bahadur Malla, Mr. Ram Prasad Shrestha, the project. and Mr. Kamal Prasad Bhattarai, KVTDC. Mr. Shambhu K.C. reminded the PWC A follow-up field investigation was undertaken about KVTDC’s overall policy framework by EMI on 13-18 December 2009 with the that aims at strengthening all three major following objectives: (1) to secure commitment cities within Kathmandu Valley. In such of stakeholders for the RSLUP and build a way, according to Mr. K.C., KVTDC is partnerships, (2) to take part in ongoing concerned with the overall development awareness campaign, and (3) to explore possible of the valley and not only KMC. In funding for future RSLUP implementation. appreciation of the fact the KMC has The following consultations and meetings were proposed to shift the core population to conducted by the PWC during the mission: periphery, he adds that KVTDC has also 1. On 13 December, the EMI team done similar study. participated in a Ward-level Workshop to 3. Mr. Suresh P. Acharya,Joint Secretary, generate awareness on the project. KMC MoPPW. Mr. Acharya said that the Officials and NSET staff conducted much of presentation provided very important the meeting in Nepali. message and he wished to be in further 2. On 14 December, a meeting with Mr. contact with KMC, NSET and EMI. Devendra Dongol, newly appointed head Also he suggested for organizing a half of KMC’s UDD, was held. Mr. Dongol day workshop on DRR which as he hopes assured his full support in implementing the would bring a fruitful result. RSLUP. 4. Dr. Mahendra Subba, Deputy Director 3. On 14 December, a meeting with key General, DUDBC. Showing more concern stakeholders from KMC, Tribhuvan on zoning, he also suggested coming University of Nepal, United Nations Office up with the environmental threshold. for the Coordination of Humanitarian Disagreeing with strict separation of land Affairs (UNOCHA), District Disaster use and zones, he said the very purpose of Response Team (DDRT) of the Nepal zoning should be not to have undesired use Red Cross Society, District Development of the land with environmental threshold Committee of Kathmandu, EMI-KMC and values. He then asked, “If zoning did not NSET was held to get inputs and comments worked in 1960 why should we work for it on the first draft of the RSLUP and in 2010?” Emergency Operations Plan (EOP). It was concluded that the RSLUP and EOP process Moreover, to raise community awareness and be extended to the Valley and to resolve support to the RSLUP, a local TV channel, shared problems with other municipalities Hamro Kathmandu, was tapped. A channel such as those relating to traffic congestion representative interviewed members of the and seismic risks. PWC who highlighted salient features of the 4. On 15 December, PWC members including project, and stressed the significance of the Mr. Jim Buika, EMI, met with Mr. Ganesh project to a safe and sustainable development of Rai, newly appointed Chief Executive Kathmandu. Officer of KMC to discuss the next steps to be taken towards endorsement of RSLUP to Key personnel of development partners, namely, higher authorities. Mr. Rai guaranteed that Dr. Horst Matthaus, Coordinator, Governance on behalf of KMC, he is ready to take any and Civil Society from GTZ; Mr. Sourab step for implementing the RSLUP and EOP. Rana, Program Officer from JICA; and Mr. 5. On 15 December, a meeting with German Nogendra Sapkota, Social and Environment Embassy Counsellor (Development), Mr. Officer and Mr. David Irwin, Consultant for Udo Weber was held. The possibilities of the Kathmandu Valley Sustainable Urban GTZ providing technical assistance and/or Transport Project from ADB were briefed about continuation of the project by the German
! " #$% & 8$ government were suggested in the meeting. appropriateness of open spaces were made 6. On 15 December, a meeting with Mr. by NSET and KMC, in order to validate George Murray, Disaster Readiness and impressions that the vulnerabilities continue Response Advisor and Mr. Ram Prasad to exist, and possibly, have increased in Luetel, National Disaster Response Advisor the absence or as a result of piecemeal from UNOCHA was held. Mr Murray interventions. Due to resource constraints for expressed concern about strategically locating conducting a full study, seismic risk analysis new fire stations within KMC to reinforce and risk analysis of other hazards relied on the existing facilities previous assessments. Hence, future updated 7. On 16 December, a meeting with Dr. assessments will help inform decision-makers, Horst Matthäus, Coordinator, Governance planners and affected communities to take and Civil Society from the German specific measures to reduce these risks. Technical Cooperation (GTZ) was held. Dr. Matth‰us agreed that the work was very The outputs of these analyses were discussed relevant to Kathmandu City, He expressed among the PWC, other KMC officials, and interest in extending the work to the Valley later with other agencies and organizations such level. as KVTDC and MOLD. The principal output of the sectoral and land 1.5.3.3 The General Planning Process use analysis workshops was the development of spatial and alternative development scenarios A. Data Collection, Inventory and Analysis (or options), which provided the bases for development thrusts, land use strategies and Characterization of the city involved gathering, policy options. collating, and processing information necessary to provide a clear picture of the city. The B. Setting the RSLUP Vision information generated was presented in the form of statistics as well as thematic maps. This Crafting the RSLUP vision statement for KMC collective effort of the PWC culminated in the made use of the vision outputs developed drafting of the KMC Sectoral Profile. for the KMC in 2001. The RSLUP vision statement was crafted with the consideration The Sectoral Profile was used as a major reference of disaster risk and their management through for the analysis of the current situation in KMC. a visioning workshop held in July 2009 and This activity was done by the PWC through a was then broken down into its component series of consultation meetings and workshops elements; each element was given a set of among its members. descriptors (i.e. words and phrases that signify the desired quality of the future) city During these meetings, it was realized that population, the local economy, the natural and some necessary information was still needed to built environment, and the local leadership (See complete the Sectoral Profile in order to analyze Chapter 2) and to assess the gaps between what is desired in the vision and what is happening in Kathmandu C. Formulation of Goals, Objectives and City. Through carefully designed workshops Strategies and by engaging KMC in each of the step of the general planning process, many planning The descriptors guided the formulation of goals assumptions and data gaps were filled towards and objectives developed from the analysis the completion of the Sectoral Profile. of the development problems, issues and concerns. The goals, objectives provide for the Limited field inspections as to the conditions long to medium term requirements to achieve of buildings, intensity of land use, and sustainable development of Kathmandu City. The strategies provide for the approaches to
8! achieve the desired goals and objectives. analysis earlier undertaken in July 2009.
D. Generation and evaluation of alternative 3. Sectoral strategies and policies. These strategies comprise the principles and values that guide the formulation and implementation Generation of alternative spatial strategies is a of proposed sectoral programs and projects. major activity in the crafting of RSLUP. The They were derived from various sources, spatial strategy is the form or pattern of physical mainly from previous development development of the city that will contribute to literature, from higher level plans, and from the realization of the long-term vision. Each the KMC PWC analysis and interpretation form that is generated is envisioned to establish of the following: i) the spatial trends a sustainable balance between the built and of settlement expansion, ii) economic natural environment with considerations concentration and specialization and iii) of natural hazards, risks and their possible environmental concerns. Spatial content or management. This is to ensure the following: implications of the different development a) that areas ought to be preserved in their open thrusts were included in the RSLUP and character, are not built over; b) that the built into the zoning policies, ordinance and other environment is directed into those areas that proposed local legislation. are relatively free from hazards; and (c) that the type, size and intensity of development are 4. Sectoral Programs and Projects. Programs consistent with the capability of environmental and projects necessary to realize the resources. (Serote, 2004) objectives and achieve the targets of the sectors and subsectors were identified and Evaluation of the alternative spatial strategies to listed in the RSLUP. determine the advantages and disadvantages of each strategy was done by the PWC. To support The outputs of this stage, however, are still the land use strategies, the development sectors subject to public consultation. It is expected represented in the PWC prepared their initial that the public consultation will result in a sectoral strategies and programs following a few consensus on the final vision statement and the sequential steps described briefly below. preferred spatial strategy.
1. Sectoral development issues and E. Detailing of preferred risk-sensitive land use concerns. The sectoral profile, thematic plan maps, earthquake hazard risks and other data outputs were used to describe the The preferred spatial strategy served as a takeoff development issues and concerns. Previous point for the preparation of the draft RSLUP. issues, problems and concerns that The main activities included identifying and resurfaced and documented in studies mapping the general land use policy areas, prepared by KMC, were reviewed, validated, namely: settlements, protection, production and prioritized and formed the various sectoral infrastructure. The preferred urban form is also issues and concerns in the RSLUP. Their reflected in the land use plan. implications and their possible solutions were then discussed in workshops. In drafting the RSLUP, the existing plans of the Valley and the Building Bylaws of 2. Sectoral development objectives and targets. 2007, the river development plans, and road These were also derived from the vision development plans provided the bases for the statement. The development goals and inclusion of higher level plans and projects in targets are framed for ten years only(i.e., the Kathmandu City land use plan. Reviews 2010-2020). A useful input to this activity and recommendations were made to determine was the result of the problem-objective tree whether there remain useful features that can be
! " #$% & 88 retained, modified or improved upon. Similarly, these and other relevant agencies with based on the available quality of information, support from the PWC. While various a draft zoning framework was reviewed and programs, projects and activities are accordingly, some parts were amended or implemented by different agencies, the retained. role of KMC, KVTDC, MOHA and MoPPW in the project development, F. Formulating policies and implementation tools implementation and enforcement would be explicitly clarified along with the roles The other major activities consisted of reviewing of donors and development partners existing relevant national laws, identifying b. Advocacy Campaign. KMC with needed land use policies, and drafting the initial the support of national agencies and zoning policies and ordinances. other relevant stakeholders should continue with its advocacy (e.g. IEC) on New local legislation. Some sectoral policies and acceptance, support and implementation programs cannot be fully implemented by means of the strategies and provisions of the of development projects alone. They may require RSLUP enactment of possible regulatory measures by c. Capacity Building. through training the legislative council or by the provision of of professionals, including planners, certain incentives to attract private investments engineers, architects, developers and or partnerships. others should be undertaken to build the skilled resources for ownership Drafting the Zoning Ordinance, which basically and competent implementation of the translates the risk-sensitive land use plan into a RSLUP, and for future refinements and implementing tool, was based on the preferred updates. land use plan and initial land use policy d. Development of Performance Indicators. frameworks. However, the zoning provided here To benchmark current status and does not yet contain detailed information on measure performance in implementation zone boundaries needed for the creation of a of RSLUP, performance indicators will zoning map. be developed and tested with pilot application in KMC. G. Adoption and plan implementation activities 1.6. Tasks and Activities Towards the finalization of the plan, the PWC identified several follow-on activities (Adoption, Based on the foregoing, the following tasks implementation, enforcement, monitoring, were identified to develop the RSLUP: feedback) in order for the RSLUP to become an effective document in guiding future a. Incorporate existing land use maps of development in the city. 2007 developed by KVDTC and the results of the earthquake scenario risk a. Legal and Institutional Framework. For maps developed by the JICA-funded the RSLUP to be useful at this point, study of 2002, and its related DRR KMC needs to endorse and formally recommendations into a comprehensive introduce it to relevant agencies of set of land use maps that incorporate the government for adoption and social and physical vulnerability and implementation. KMC can initiate actions risk parameters. This implies that the that will seek endorsement from GoN RSLUP should explicitly address DRR through the various agencies (i.e. KVTDC, goals and improvements in emergency MOLD, MOHA and MoPPW). This task management in the land use plan; can be structured around a special inter- b. Draft a zoning ordinance based on the governmental committee that involved
8: RSLUP that would enable KMC to that may have significant impact on the control future development in a risk- land use planning of the KMC; adverse and sustainable way. Zoning c. Review the goals and objectives of the ordinance is a key legal instrument for RSLUP vis-‡-vis alternative spatial controlling land use in an urban setting; strategies to check if the strategies are c. Develop protocols to improve inter- aligned with goals and objectives of the institutional coordination among planning; concerned national agencies, KMC d. Review the evaluation and selection authorities and KVTDC; process in determining the preferred d. Strengthen of local institutions through spatial strategy; and the creation of an ad-hoc structure e. Review the draft KMC RSLUP and its and protocol between KMC as well as corresponding model zoning ordinance to through legal instruments necessary to review and evaluate the: support such interventions. This also i. Overall relevance of the data used, includes inter-institutional coordination methodology applied, and conceptual between national and local levels of framework implemented; government; ii. Applicability in term of the e. Expand the capacity of PWC through document’s ease of use by KMC related workshops in Manila and planners; and Kathmandu. This activity ensures that in iii. Overall content to insure that it is the long run, PWC will have technical in line acceptable land use planning capacity to develop and revise the RSLUP practice. with minimum assistance from external iv. The report from the external peer experts; reviewer is attached as Annex A of this f. Provide social and economic actions document. aimed at reducing social vulnerability of the most vulnerable population within 1.8. Outputs Kathmandu; and g. Structure an awareness campaign to The deliverables under PWO 1.1 of the FFO sensitize population and institutions on project are as follows: the importance of practicing risk sensitive • Sectoral Profile of KMC; land use planning in order to protect • Risk-Sensitive Land Use Plan 2020 (10 resources and the environment. years); and • Draft Zoning Ordinance Framework (10 1.7. Peer Review years)
This RSLUP was later subjected to an Sectoral Profile. The Sectoral Profile is a external peer review to evaluate and provide comprehensive set of information about recommendations. The objectives of the review Kathmandu City organized under five were as follows: development sectors, namely, social, economic, infrastructure, institutional and environmental. a. Review the conceptual framework for It contains the latest data available presented risk-sensitive land use planning and with minimum of analysis so that the data can provide comments to operationalize the serve as a general reference and can be utilized framework in the context of KMC based by a wide range of readers for various purposes. on the situational analysis done by the To the extent possible, the data are presented PWC; in historical sequence and are aggregated or b. Review the KMC updated Sectoral Profile disaggregated in different spatial scales or geo- in order to identify the gaps in the data political units. This three-dimensional display
! " #$% & 8< of information will allow readers to form a more (PPAs) in the different development sectors; concrete picture of the city. The Profile served as the information on the financial performance the principal data base for all the plans that were of KMC, as well as, the potential sources produced in this project. Section 1.11 provides a of funding for various projects were barely summary of the Sectoral Profile. discussed and reviewed due to limitations of budget and time. Lastly, the engagement of Risk-Sensitive Land Use Plan. The RSLUP serve national and international agencies (beyond as the basis for prescribing reasonable limits KMC and NSET), as well as the awareness and restraints on the use of property within campaigns, advocacy, and capacity building the city jurisdiction, for regulating subdivision efforts, have also been limited. Given these, developments, and for reclassifying agricultural this RSLUP should be treated as a working lands into non-agricultural uses. The RSLUP document subject to further refinements in covers the entire territorial jurisdiction of the future planning activities. city. The authority to plan and manage these latter areas is shared between KMC and the Towards the preparation of the plan, the national government. risk assessment in the Kathmandu Valley earthquake study of 2002 was used to come up Zoning Ordinance. The principal instrument for with discussion points on hazard assessment, enforcing the locational policies and performance building vulnerabilities and in evaluating their standards of the RSLUP is the zoning ordinance. implications to the spatial plans. Currently, the RSLUP remains an indicative plan with only persuasive force and effect and The identification, description, and analysis people can afford to ignore it. Once the zoning of various development issues, and the ordinance is enacted, however, the right of corresponding goals, objectives, targets, and property owners to develop their property is strategies to be achieved in the next decade transferred from the individual to society and were then prepared. However, sectoral everyone who wants to develop his/her land development plans were not prepared at the must seek permission or clearance from the local outset as these required further discussions and government. participatory processes, which the current land use planning cannot accommodate. However, 1.9. Limitations of the Plan emphasis was given to the most pressing concerns of each sector, described briefly below. The preparation of this RSLUP has been limited by a number of factors. First, the plan relied Social development. Issues and concerns on largely on secondary information from previous the state of well-being of the local population studies by KMC, KVTDC and government and social services such as health, education, ministries. Updating the socio-economic and welfare, housing and the like were identified. physical information and related field verification Questions of equity and social justice and were limited by the few resources and limited gender sensitivity were partly discussed in this funding. One major difficulty was to rely on sector. Programs and projects in this sector are risk assessment results prepared in 2002, which “soft” non-infrastructure type. focused on earthquakes. Data on other hazards (e.g., flood, fire), were minimal. Second, the Economic development. The economic implications of on-going projects (e.g. ongoing development concerns embody KMC’s riverside development, proposed parking, new intentions to create a favorable climate for roads) by development agencies were less studied private investments through a combination and written about in this RSLUP. Third, while of policies and public investments, necessary the report has come up with an initial list of to enable private investments to flourish proposed programs, projects and activities and, ultimately, assure the residents of steady supply of goods and services and of jobs and
8' household income. held in July 2009 in Kathmandu City.
Physical and land use. This component deals Chapter 4 summarizes the sectoral and with the hazard and risk sensitive infrastructure spatial constraints that must be overcome and building program and the land development, opportunities that could be taken advantage of acquisition required as right-of-way for in order to bring KMC closer to the realization easements of public facilities. It contains the of its vision. Further, the chapter also presents physical development strategies such as urban the information on earthquake risk and its renewal or redevelopment schemes for inner city impacts, represented by a potential M8.0 Mid- areas, opening up new urban expansion areas in Nepal Earthquake which would produce MMI2 the urban fringe, or development of new growth VII and greater damages in Kathmandu Valley. centers in conformity with the chosen spatial strategy. Chapter 5 discusses the preferred urban form as the organizing concept for guiding the physical Environmental management. This embodies growth of the city. the strategies, programs for maintaining cleanliness of air, water and land resources Chapter 6 presents the land use plan and the and rehabilitating or preserving the quality of policy framework for the regulation of future natural resources to enable them to support the land use activities consistent with the chosen requirements of economic development and spatial strategy pursuant to national and other ecological balance across generations. higher level policies and in accordance with the residents’ vision for their city. Institutional development. This focuses on strengthening the capability of the local Chapter 7 details the framework of the zoning government bureaucracy as well as elected ordinance to accompany the RSLUP. Much officials to plan and manage their territory and of the material is drawn from the KVTDC serve their constituency. Building Bylaws of 2007. Other annexes are also included for completeness. 1.10. Contents of the RSLUP Chapter 8 provides conclusion and This RSLUP consists of five chapters arranged recommendations for the extension of the logically as follows: RSLUP to include the whole Kathmandu Valley and the completion of this preliminary RSLUP Chapter 1 provides a brief introduction to the into a Comprehensive RSLUP. RSLUP and other related plans prepared at different levels including KMC, as mandated 1.11 Sectoral Profile of Kathmandu City under the LSGA. The chapter also focuses on the approach and methodology applied in the The KMC Sectoral Profile provides a planning of KMC. compendium of data and information on the physical, social, economic, cultural, Chapter 2 provides a summary of the infrastructure, environmental, and institutional geography, the hazards of the place, the socio- characteristics of the city, including its disaster economic character of Kathmandu City. It risk landscape, which can serve as a chief draws information mainly from the KMC source of information for planning, research, Sectoral Profile to provide the initial context of investments, decision-making, and other uses. It the planning. gives the necessary base information to support the intra- and inter-sectoral analyses for the Chapter 3 presents the outputs of various development of KMC’s risk-sensitive land use stakeholders in the RSLUP visioning exercise plan. Most of the decisions and situations
! " #$% & 8= made in the project were based on the facts and Bureau of Statistics (CBS), World Bank City information contained in the KMC Sectoral Development Strategy (CDS), Kathmandu Profile. The summary of the Sectoral Profile is Valley Mapping Program (KVMP), JICA Study provided in Table 1.4 below. The detail study of on Earthquake Disaster Mitigation in the the sectoral profile is available as a separate report Kathmandu Valley and other relevant materials. titled, “Sectoral Profile Kathmandu Metropolitan Primary information was also collected by the City, Nepal.” PWC through field investigations, windshield surveys and direct observations in key areas The KMC Sectoral Profile contains primary and of the city. Key informant interviews were secondary information collected from various conducted to collect information from agencies and organizations in Kathmandu and representatives of various national and Nepal. The preparation of the profile required local agencies including KMC, KVTDC, months of collecting official data, completing MoHA, MoLD, MoPPW, Department data gaps, generating and validating data, of Roads, Department of Transport and and performing data projections for future Traffic Management, and NSET, as well as urban population and future demands for international organizations such as JICA, GTZ, services and facilities in Kathmandu. Majority UDLE and CDIA, among others. The list of of the information contained in the profile data collected and their corresponding sources were collected from secondary sources and is provided in Annex B. official documents such as the Nepal Census
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2.1. Location and Land Area south, and Gongabu VDC and Dhapasi VDC in the north. Snow-covered mountains rise KMC is located in the Kathmandu District, behind the green hills in the north to provide an Bagmati Zone, Central Develoment Region awe-inspiring backdrop to the city. The city is of Nepal. It is situated in the northwestern located at 27∞42’ north Latitude and 85∞20’ part of Kathmandu Valley. KMC is bounded east Longitude. by Madhyapur Thimi Municipality, Gothatar Village Development Committee (VDC) and 2.2. General Hazards and Associated Risks Kapan VDC in the east, Ichangu Narayan VDC, Sitapaila VDC, Khadka Bhadrakali According to the Kathmandu Valley DRM VDC, Mahankal VDC and Siuchatar VDC in Profile (EMI, 2005), the most frequent natu- the west, Lalitpur Sub-metropolitan City in the ral disasters in Nepal are flood, landslide, and
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fire causing loss of life and severe damage to 2.2.1. Earthquake property. The middle hills are mainly prone to landslides while the flat Tarai region is suscep- The historical earthquake catalogue of UNDP/ tible to flood and fire. While earthquakes are UNCHS (1994) showed high seismicity along not frequent, historically, Nepal has experienced the Himalaya. several destructive earthquakes with more than 11,000 people killed in four major earthquakes Historically, Nepal has experienced several just in the past century. destructive earthquakes with more than 11,000 people killed in four major earthquakes just Nepal’s recently developed and published “Three- in the past century. Based on the earthquake Year Interim Plan (2007-2010)” recognizes catalog, Nepal faces one earthquake of Mag- disasters as one of the major impediments to nitude 7 or greater every 75 years, on average. national development. It tries to address disaster Such magnitude earthquake could be extremely risks by devoting one separate chapter on Disas- damaging to urban metropolises as demonstrat- ter Risk Management (Chapter 26). DRM issues ed by the M7.0 January 2010 Haiti earthquake. were also noted in different chapters pertaining Even more alarming is that since 1800 five (5) to other development sectors. events of M>= 7 have affected Kathmandu, the 4 !%$ 2 2&& 2 most recent severe earthquake was the 1934 % )**> M8.3 earthquake. On average earthquake 4$ . +@D? )**F intensities equal to or greater than 8 take place 1H :): every 36 years while earthquake intensities of 9 or greater take place every 75 years. The last - >%@D) significant earthquake took place in 1980 of - +%+@+ magnitude 6.6. Based on these observations, 1 ++%@?? it is reasonable to conclude that there is a high C N E % 4 3 >)) likelihood of an earthquake which will cause ++> intensities of 8 or greater in Kathmandu. Such :+ intensities will create catastrophic damages in 4 )+%>9) the city.
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For example, it was reported that in 1833, a across Nepal, namely, the Main Central strong earthquake resulted in the destruction Thrust (MCT), Main Boundary Thrust of 643 houses, death of 22 people, and injuries (MBT) and Main Frontal Thrust (MFT), to 30 more. In the 1934 Bihar-Nepal Earth- and many of the past earthquakes occurred quake, damage to Kathmandu Valley included in the area between MCT and MBT. 725 houses completely destroyed, 3,375 heav- • Seismicity is active in the west of Nepal. ily damaged, 4,146 slightly damaged, and 479 • The central part of Nepal has suffered rela- casualties. tively few earthquakes.
Figure 2.3 presents the historical epicentral A study by JICA and MOHA in 2002 covered distributions in and around Nepal. The seismic risk assessment for the whole Kathman- epicentral distribution map indicates the du Valley. It was, however, conducted within a following characteristics: short duration of time under limited resources. • There are three main tectonic lines running At that time, there was no official building in-
! " #$% & :8 the Valley will be severely dam- aged, even if the damaged area is not so large. The nature of damage from the earthquake in the valley will be different from that of a huge earthquake that occurs outside the Valley.
According to the same earth- quake study, the main source of seismic activity in Nepal is the subduction of the Indian plate under the Tibetan plate or Himalayas. Another earthquake generator in the Valley is the identified seismic gap zone in the middle of Nepal. Based on seismic records dating back to 1255, destructive earthquakes (estimated to have reached M7 or greater) have occurred in 1255, 1408, 1681, 1803, 1810, 1833, and 1869, 1913, 1916, 1934 and 1936 with the M8.3 1934 earthquake being the largest magnitude recorded earthquake.
Earthquake Vulnerability
The concerns over the seis- mic risk to Kathmandu are driven not only by the high rate of seismicity but also by the extreme vulnerability of structures and infrastructure, and the high density of the built environment. The per- $ . 3 cent of building construction $ . 3 ' 12( that could be considered to be earthquake resistant is negligi- ventory of the area so the total number of build- ble, whereas the overwhelming ings was estimated from population and house- majority of buildings and structures indicate a hold distribution as reported in the 1991 census. high to very high vulnerability. The density of Information on building vulnerability was based buildings and population, the extreme vulner- on an inventory survey of only 1,000 buildings ability, the difficulties of access due to narrow and from onsite observation of the main sites. roads and the potential for secondary effects such as fire following an earthquake, hazard- There are several faults in the Kathmandu Valley. ous material release, landslides, liquefaction If one of them moves, part of this lineament in and others are indicators of a large scale urban
:: catastrophe waiting to happen with a level of tions. Houses in rural regions, especially Tarai, destruction that is unprecedented. Further, are composed of straw or timber and tend to be Kathmandu is also subject to other hazards such very close to each other, thereby increasing the as flooding, landslides and has high exposure to risk of fire and fire spread. In 1999, a blaze killed climate change because of its location and frag- 39 people, injured 10, and affected 1,065 fami- ile environment, which aggravate the vulnerabil- lies. The fire, with estimated total losses of NRs ity of the city to natural hazards. 45.23 million, destroyed 1,035 houses, 52 cattle sheds and 148 livestock. 2.2.2. Flood, Landslide and Debris Flood
There are more than 6,000 rivers and streams in Nepal, most of which flow from north to south generally at high velocity due to steep river gradient. The majority of the larger rivers are snowfed from the Himalayas. Since the topog- raphy of the country is steep and rugged, with high-angle slopes and complex geology, large quantities of rainfall during the monsoon season lead to floods, landslides, and debris flows in a number of cities. Costly yet ineffective land conservation causes flooding and landslides. Unplanned settlements and structures built without consideration of natural hazards ag- gravate the situation. In addition, landslides caused by torrential rains add enormous volume to streams and rivers causing floods and debris flows downstream that kill numerous people and inflict immense harm to agricultural lands, crops, and properties.
In July 1993, the Tarai region experienced a destructive flood which claimed the lives of 1,336 people and affected another 487,534. In 1998, floods and landslides struck various parts of the country, mainly the Tarai and middle Hill regions, killing 273, injuring 80, and impacting 33,549 families. The floods and landslides also ruined 45,000 hectares of crops. Similar flood- ing occurred in 1999 and continues to occur annually.
2.2.3. Fire
Fire occurs mainly between April and June during the dry season when it seldom rains and temperatures in the Tarai region reach higher than 35∞C. Fires are common to the rural Tarai and Hill regions where 90.8 percent of the total population lives in very poor housing condi-
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3.1. Vision Statement Nepal serving as the administrative center, cradle of heritage and culture, and a world-class tourist The vision statement for Kathmandu City serves destination. as the ideal scenario upon which all major plans and programs are anchored. The city’s 2001was 3.2.2. Qualities of the people as individuals crafted as follows: “Beautiful, well-managed and and as a society full of life city where citizens are proud of their natural and cultural heritage and look forward to KMC residents are responsible. This trait is said a bright future.” to have been attained if they have reached a state where most of its current social and economic To put more emphasis on safety and disaster problems had been addressed, and may be fur- resilience, this earlier vision was refined in a ther described as follows: Strategic Planning Seminar-Workshop held in July 2009. The new vision aspires for KMC to • A low number of crime cases, having negli- be “a tourism center based on heritage and culture gible incidence of theft, pilferage, including with healthy, responsible and economically active insignificant cases of drug abuse, and de- citizens, living in a clean, safe, and disaster-resil- struction to property, less number of broken ient environment.” families and juvenile delinquents; • A genuine concern for the environment such While the RSLUP is prepared for a ten year as garbage being properly disposed, cleaner period, the conditions envisioned can inspire and greener environment; KMC well beyond the plan’s 10-year time • The city being child-friendly would connote horizon, as it may probably take more time to no cases of child abuse or labor and minimal attain. number of out-of-school youth. • The citizens are transformed into a disaster- 3.2. Vision Elements, Descriptors and Suc- prepared citizenry where the government, cess Indicators private sector and civil society resources are immediately mobilized in time of crisis and A vision statement is meant to capture the de- emergency. sired qualities of the city according to five major • Public consultation/people participation has elements namely, the quality of the people as been made an integral part of the govern- individuals and as society, the nature of the local ment’s decision-making process and that economy, the state of the natural environment, non-government organizations including the condition of the built environment and the people’s organizations and cooperatives, capability of the local leadership. (Serote, 2004) regularly participate in the physical and development planning, implementation, 3.2.1. Role of KMC monitoring and evaluation of government programs and projects. KMC shall continue to be the capital city of
! " #$% & := KMC inhabitants are healthy physically, mental- should be able to provide a quality of education ly and emotionally. Being in good shape would and training in disciplines that cater to busi- mean longer life expectancy i.e. at least 65 years, nesses in the 21st century such as information zero malnutrition, low morbidity, sports-orient- technology, and handicrafts to increase the ed, and possessing healthy mind and body. city’s level of competitiveness.
KMC towns-people are economically productive 3.2.4. State of the built and natural environ- having been able to provide the basic needs of ment their respective families and that there is an insig- nificant number of families below poverty level. Pollution (e.g.; solid waste; effluent; air pol- lution, whether toxic or hazardous or com- KMC residents are hospitable, as bearers of ing from households, hospitals, industries or goodwill in a Valley which continue to serve as institutions) is one of the major problems in a cradle of religious and cultural heritage for the Kathmandu City. However, its residents envi- world to see, and for its visitors to experience the sion living in an environment that is clean, hospitality of the people of Kathmandu. green and safe. A clean environment would translate to a city where all types of wastes are 3.2.3. Nature of the local economy properly disposed of, and where air and water quality supports a livable and healthy urban KMC wants to be known not only nationally but environment. also worldwide as the “tourism destination of the world,” known for its competitive and environ- In line with KMC’s desire to live in a “green” mentally sustainable tourism industry. city, urban core/development clusters shall flourish with flower-bearing trees along the city Second, KMC’s economy is envisioned to be entrances, highways and even minor roads. The sustainable and progressive. This can be attained city will also become more attractive without by creating an economic climate that will en- illegal settlements encroaching on critical and courage inflow of investments. Progressive means hazard-prone areas (e.g. river side, public land, KMC shall implement sustainable development etc.). programs and projects in the different sectors of the economy. The city must be able to use its This condition is said to have been attained land and water resources sustainably to support when urban blight is considerably reduced, its functions and industries, while at the same when the greenery becomes a dominant feature time create a space (e.g. parks, open space) for of the city; when sidewalks along rivers, along good quality living. Future human and physical main thoroughfares are continuous and inte- developments will not be allowed to contribute grated with street lights, parks and open spaces; to the degradation of the environment and will when rivers and creeks are cleared and cleaned be sensitive to natural and technological hazard and become part of the network of parks and risks. open spaces; and when public squares, monu- ments and buildings which serve as landmarks Third, in maintaining its dominance as the of the city (e.g. city hall, the public market, region’s center for distribution of goods and ser- the heritage sites) are transformed anew and vices, Kathmandu City shall continue to develop restored to their original, distinct architectural its tourism and handicrafts industry, and diver- character. sify its economy in “specialty” areas of education, health services, and in trade. 3.2.5. Condition of the built environment
The educational institutions located in KMC, Creating a planned community supported by which offer formal education and training, adequate and appropriate transport and infra-
:" structure will enable every citizen to meet the When urban forests are delineated and protect- demands of daily work and recreation between ed, and when standards on open space require- workplace and home. To attain this desired con- ments such as those pertaining to subdivision dition is to identify and develop suitable areas development, housing, road planning and river for urban expansion in the form of mixed-use easements, and utility lines/facilities are strictly growth nodes. Other requirements include: complied with, the desired condition of a safe built environment is said to be met. 1. Increased efficiency of the circulation network with new roads and bridges con- 3.2.6. Capability and quality of the local structed, existing ones rehabilitated, the governance public transport system rationalized, and decentralized multi-modal transport termi- The people of KMC desire to have local leaders nals provided; who are visionary, dynamic and people orient- 2. Improved mobility of pedestrians through ed. These desired qualities of local governance the provision of pedestrian-oriented facili- are anchored on shared values committed to ties such as overpasses, waiting sheds, etc.; promoting the public interest. This means that 3. Improved quality and quantity, and in- local leaders whether from the KMC leader- creased affordability of water supply, power ship, nongovernment organizations or people’s supply, telecommunications and internet organizations are determined to put the interest services, etc., or welfare of the people above their self-serving 4. Adequate and effective drainage, sewerage interests. In concrete terms, the people of KMC and flood control systems; and would like to experience the following effects 5. Buildings and infrastructures are engineered of visionary, dynamic and people-oriented local with natural hazard risks in mind. governance:
Taking into consideration the natural limits Strict enforcement of laws and constraints inherent to the land resource of the city, a desired condition of the built envi- Laws are rules of conduct established and en- ronment is the development of safe forms and forced by authorities supported by the people. patterns of settlements away from identified Through a process of decentralization (i.e. environmentally critical areas and the protec- LSGA), the KMC was allowed by the State to tion of resource reserves such as urban forests, perform functions and responsibilities as well as and remaining agricultural lands. As for exist- exercise powers and authority at their mandated ing built-up areas, appropriate measures will be territorial and political jurisdiction. This entails adopted to reduce building and infrastructure an unwavering commitment to enforce laws at vulnerability and social risks. all times.
A planned and safe city results in a balanced re- Self-sustaining KMC lationship between the built and the unbuilt en- vironments. This condition is said to have been The people of KMC are empowered to become attained when the built environment is inte- self-reliant communities and to act as effective grated into the city’s unbuilt space consisting of partners in the attainment of national develop- parks and open spaces, rivers, creeks. Safe areas ment goals. KMC has the capacity to maximize and safe forms (e.g. buildings and sites) and pat- its income through progressive means that are terns of urban space mean existing and future practical and equitable and thus, reduce the locations are decided with the inherent natural city’s reliance on the national government. Apart hazard risks in mind, and managing them all from maintaining financial stability through a throughout the land use planning stages and in sustained positive balance in its financial state- succeeding project development stages. ment, the KMC must also adopt a progressive
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Effective, efficient and responsive city govern- ment
The people hope to have an effective, efficient and responsive KMC government. Effectiveness means that KMC is able to deliver appropriate services if and when needed. Efficiency relates to the cost-effective delivery of public services. Responsiveness refers to the relevance and timeliness of the local government’s responses to problems as they arise. In this view, areas of lo- cal governance shall be strengthened such as the technical capability of its human resources and system capability of its organizational structures.
Disaster-prepared and resilient government and citizenry
KMC is known to be located in an environ- mentally-critical area. However, the occurrence, frequency and magnitude of natural disasters are unpredictable. Therefore, there is an imperative for the KMC and citizenry of Kathmandu to be prepared for disasters at all times.
With a common vision, under a dynamic and people-oriented governance, KMC remains and continues to be resilient, in spite of the political turmoil, and possible natural and technological disasters that may hit them. The government and its citizens will rise above these situations, as empowered citizens and not mere victims.
KMC shall continue to work with the nongov- ernmental organizations and other institutions that are recognized as active partners of the KMC in the pursuit of local autonomy and good governance.
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This chapter discusses the development and 4 :%$ 3 ) spatial planning concerns of KMC. An analysis # C 3 of the different sectoral issues, problems and #$ & concerns, including relevant strategies to address them, is presented. ! ! DF* )*P 1 ):* 9)P & 1 +%?F* 3 4.1. City Context #$ F%*:> 'F+ H ( >:+%D9> '#7 )**+( KMC is the capital city of Nepal. It is the historic, political, commercial, cultural, and , 9 F?R tourist center of the country. It is the largest $ +?%))F H city in Nepal and the cosmopolitan heart of the & 3 . +F)%+FF'#7 )**+( Himalayan region. The principal language in the city is Nepali and the major religions are ?>* " S Hinduism and Buddhism. With a history and 5 E % 7 civilization dating as far back as 2,000 years ago, ! & % & 7 the city, along with the other towns and villages '& ( within Kathmandu Valley, ranks among the old- & 3 . ?F est human settlements in the central Himalayas. & 3 . &F '# % # % &% The summary of information about Kathmandu '3$ ( 1% C ( is provided in Table 4.1. & 3 . C 9 E Kathmandu has a multi-ethnic demography series of workshops conducted over the course of although Newars, one of the indigenous groups, the project. Development constraints are gener- still comprise a large segment of the population. ally classified into two: inherent and derived. Old Kathmandu corresponds to the current city Inherent constraints pertain to the limitations core, encompassing a compact zone of temple due to an area’s geophysical features and natural squares, court yards and narrow streets. The environment. Derived constraints, on the other Durbar Square, the old king’s palace complex, is hand, are the issues that arise out of the effort located at the center of Old Kathmandu and is a of man and society to adapt to or modify the designated UNESCO World Heritage Site. environment to further their individual interest and collective wellbeing (Serote, 2005). 4.2. Development Issues, Problems and Constraints The process of mainstreaming DRR in the local planning process is shown in Figure 4.1 The following discussions on the factors that (the same figure is also available as Figure 1.5 hamper urban development in KMC are derived in chapter 1)and provides inputs to the pro- mainly from the KMC Sectoral Profile and file which may be used to guide planning. The other relevant documents, as wells as from the objectives of including the DRA is to inform the
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planner on the attendant risks, interpret its im- seismic, seismo-tectonic and geological con- plications to development, and guide the physi- dition around Kathmandu Valley, and the cal framework and succeeding land uses to avoid, fault model of 1934 Bihar-Nepal Earthquake. prevent, or mitigate risks as well as prepare the Among the three, the Mid-Nepal earthquake population or settlements through the plans. was selected. Figure 4.2 shows the distribution seismic Intensity in KMC. 4.3. Disaster Risk Assessment The liquefaction potential map is based on 4.3.1. Seismic Hazard Information information on soil properties and seismic motion from JICA’s “Study on Earthquake Hazard information includes the inventory, Disaster Mitigation in the Kathmandu Valle” description and preparation of the hazard maps in 2002. The liquefaction potential map shown in Kathmandu Valley. The maps described in in Figure 4.3 indicates that the liquefaction this section pertain to earthquakes (i.e., nature is moderate in areas along the Bagmati River. and magnitude of the hazard, susceptibility of A closer look into the moderate liquefaction- the area, and extent of the intensities of damage prone areas reveals several buildings standing or impacts over the affected areas.) as described over these areas, among them hospitals (Figure in the study, “Earthquake Disaster Mitigation in 4.4). the Kathmandu Valley” in 2002. Scenario projections indicate that a repeat of Three fault models were selected based on the the 1934 Bihar-Nepal earthquake would pro-
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<' intensity map were overlaid and their exposure a. Urban area: urbanized area corresponding to qualitatively described. the five municipalities; population density is mostly over 100 persons/ha. In the following sections, the existing situation b. Sub-urban area: relatively urbanized and of the different sectors of the planned envi- adjacent to the municipalities. ronment is described. The implications of the c. Rural area: non-urbanized area consists of seismic hazard and risks are discussed as well. VDCs other than the sub-urban VDCs.
4.3.3. Settlements and Population Figure 4.7 provides a map of the various wards in Kathmandu City, dividing the area into five Initially, the basic demographic characteristics sectors, namely, Core, Central, North, East and and settlement patterns of the city are described West. in so that trends may be known, and later verified if these trends are proceeding towards The core built-up area is comprised of central unsafe areas, making it a development concern. areas of Kathmandu, Kirtipur and Lalitpur. For Trends therefore are reviewed in this section. Kathmandu City, sprawl had already spilled over toward the outer ring road, an urban fringe Based on the KVTDC Earthquake Study of immediately outside of the Ring Road. The rural 2002, Kathmandu Valley has three main sec- sector comprising the rural hinterland showed tors which can be recognized as urban core, signs of urban influences such as the presence urban fringe and rural hinterland. According to of economic activities directed at servicing the KVTDC, the Valley may be divided into local- urban market. This trend is illustrated in Figure ity categories as follows (Figure 4.6). 4.8.
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<" To date, KMC’s City Core still maintains more fertile areas along the river flood plains its function for worship and tourism. It has, (Figure 4.9). however, deteriorated over the years. Its form has similarly changed and other sections of the Summarized below are the issues and concerns city have since grown into urban centers in their identified during Strategic Planning Workshops. own right. The expansion has gone beyond the The problems are organized in a cause-effect re- core area (Durbar square) towards the once lationship with the lower boxes representing the rural hinterland and farther outside its territory causes (“roots”) and the upper boxes indicating resulting into a metropolitan area. the effects (“foliage”). All problems and issues are presented from the perspective of the municipal Population density of Kathmandu City at the or city government (institutional sector), which core area was about 427 persons/ha in 2001, forms the basis for the identification of appropri- while those around immediately east and west ate intervention measures or strategies. (Serote, of the core, it ranged from 800 to1070 persons/ 2005) ha, with Wards 21, 26, 27 and 28 having the Contemporary urban development in Kathman- highest densities. Close to the Ring Road, some du City is observed to be driven by the following ward densities are pegged at around 50-100 per- factors: (PWC, 2009) son/ha. (See Table 3.2 of Sectoral Profile) Much of the agricultural land had been converted into • Influx of population (people pushed out/in urban built-up areas, although estimates using by political instability and disasters) digital maps reveal about 900 hectares remained agricultural in 2006. This conversion has • The influx of the population is bound to sprawled across agricultural lands and towards grow faster than settlements of smaller size.
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The main reason may be due to the econom- Migrant workers/laborers in Kathmandu City ic attractiveness of Kathmandu City as well would normally locate themselves among simi- as being the receiver of people pushed out of lar ethnic groups or castes. Some of them may certain areas by natural and human-induced obtain their housing and urban services from disasters (i.e. natural hazards, insurgency and the informal market and whatever facilities armed conflict, relocation of squatters) (See the host locality can offer. This rural-to-urban Figure 4.10). migration results in the build-up and increase of informal settlers, putting greater pressure on • Increased income in the city (tourism, remit- the city’s scarce basic services (water, sanitation, tances, and institutions/centers) power, etc.).
The economy of Kathmandu City may be attrib- These combinations and ineffective develop- uted to the net capital inflow from the incomes ment policies had resulted in the following: of households, and investments of institutions Unplanned use of land. Partly due to the short- and government especially in the Central area. age of buildable land and due to the absence Major contributors to the net inflow include of a clear zoning plan, some house builders tourist influx, manpower export (remittances were found to have constructed their houses from deployed labor), and presence of major in places that ought not to be built over or in institutions and regional and national govern- areas that should not have been encroached ment centers. upon (e.g. riverbanks, river easements and road rights-of-way). • Ethnicity (ethnic groups outside KMC who are seeking jobs in the city used to live with Due to inadequate information about possible the same ethnic groups in Kathmandu City) damages from ground shaking and liquefaction in certain areas, many builders located their
'# structures without the benefit of thorough geo- Similarly, new residential areas prefer agricultural technical investigations thereby exposing dwell- or open sites essentially because of lesser prob- ers to risks. At present there are many buildings lems in consolidating fragmented inner land with compromised structural quality due to this parcels. Demand for urban land is concentrated lack of information and lesser concern about the in areas where new industrial sites or service soundness of their houses/structures against the centers are located. This further puts pressure to risks from natural hazards inherent to the place. the remaining agricultural lands. Inadequate housing and urban facilities. There is a high concentration of activities in the tradi- More suitable lands are owned by large private tional core (heritage area) and central areas. developers and wealthy residents who may have banked sizeable quantities of agricultural lands This owes much to KMC’s role as Nepal’s main so they could resell their better located proper- place for worship (e.g. pilgrimage), commerce ties or develop them for high-end markets. This and trading. Kathmandu City and its adjacent leaves low-income groups to locate themselves in municipalities also serve as the regional center less suitable and high-risk areas. for higher education and health services. In addition to the need for more lands for the 4.3.4. Settlement Risks to Natural Hazards expansion of these urban services and facilities, the city is severely constrained by old and non- The Great Gujarat Earthquake that hit India in framed buildings (e.g. brick, mortar-based) in January 2001 revealed the vulnerability of “non- the core area. The problem is compounded by earthquake-resistant” cities and villages. The fragmentation of land parcels and partitioning earthquake killed approximately 20,000 people of old buildings, many extended vertically and and destroyed over 300,000 houses. An even horizontally with the same amount of footprint closer comparison is the 2010 Haiti Earthquake and possibly without the guidance of trained which killed in excess of 250,000 people and left masons and/or engineers. more than 2 million homeless. The physical vul- nerability of Kathmandu is not any better than A great number of the transient population also Port-au-Prince in Haiti; to some extent it is even exists. The transient population is distributed in worse because of the types of buildings and the the core and in the central areas determined by very high concentration of construction. Com- the services offered (e.g. work, education, social pared to the Gujarat region, Nepal lies closer functions). The main reasons for coming to the to the subduction zone where the Indian plate Valley (especially in Kathmandu City) are work, passes under the Tibetan plate, and may actu- higher education, medical check-ups, pilgrim- ally be susceptible to even larger earthquakes. In ages, bureaucratic formalities, visiting relatives, 1934, an earthquake of magnitude 8.4 caused internal tourism, and official visits. In the last serious damage to 60 percent of the buildings in five years, people seeking jobs overseas have Kathmandu Valley (Figure. 4.11), killing about constituted a large proportion of the transient 4,300 people. Probability studies suggest that population. The nature and flow of population the next great earthquake may occur at any time depends upon the time of year and festivals. after around 70 years of silence. As population, Industrial and residential expansion. Urban buildings and facilities have increased many growth through industrial location or expan- times more since1934, so does KMC’s overall sion may have been due to new industries just exposure to seismic risk. outside of the ring road to the north. Agricul- tural areas are preferred sites in the urban fringes The earthquake scenario that is expected to over low-lying vacant lots in city centers and create significant destruction and disruption in inner cities. This contributes to the conversion the Valley is the Mid-Nepal Earthquake (Mag- of agricultural lands. nitude 8). This earthquake scenario has been set based on the seismic gap in the middle of Nepal. Private-led development (malls and residences). Except in mountainous areas, an MMI VIII is
! " #$% & '$ expected to be experienced in the Valley under (b) training of teachers, parents, and children this scenario. If an aftershock of magnitude 7 oc- on earthquake preparedness. (EMI, 2005) curred at a position nearest to the main rupture zone, Kathmandu Valley would experience MMI Buildings constructed with brick and mortar VII. Moderate liquefaction potential was identi- and without competently designed frames that fied in some areas along the Bagmathi River. The tie the brick walls together are typically more anticipated impact of the Mid-Nepal Earthquake vulnerable than buildings made of reinforced scenario is as follows: concrete. Many of the buildings in the core area are made of brick and mortar. Age, lack • Number of heavily damaged buildings: of maintenance and structural transformations 53,000 or 21 percent of all buildings; have further weakened these buildings and • Death toll: 18,000 or 1.3 percent of the total made them extremely vulnerable. These are the Valley population in the Valley; and reasons for the higher estimates of damage in • Number of seriously injured people: 53,000 the core and adjoining wards. Most reinforced or 3.8 percent of the total Valley population. concrete buildings in Kathmandu also exhibit high vulnerability because they were designed Should the earthquake happen today, the losses and build without any consideration to earth- will undoubtedly be several times higher because quake loads. They will not be able to sustain of the population in the Valley has doubled since prolonged shaking and swaying induced by 1991 (the date for the data of the JICA study) strong earthquakes, but to a lesser degree than and the concentration of construction is much the old brick buildings. Among concrete frame greater now. buildings, older ones (20 yearsand more) will tend to be more vulnerable, in general because According to an earthquake vulnerability as- of advances in concrete technology and effects sessment carried out by NSET, more than 643 of age. school buildings or 66 percent of public schools in three administrative districts of Kathmandu Figure 4.13 shows the distribution of buildings Valley - Bhaktapur, Kathmandu and Lalitpur based on the type of materials, as classified in - could collapse given an MM IX earthquake. the 2002 study. Figures 4.11 and 4.12 reveal the distribution of damages to buildings under different scenarios of Figure 4.11 provides a damage distribution ground shaking. Based on prior surveys con- map of the 1934 earthquake. The figure shows ducted in the Valley by NSET, use of traditional that majority of the building damage are building materials, such as adobe, stone rubble concentrated in the Core area and the wards in mud mortar, or brick in mud mortar, is the immediately surrounding it, particularly the leading cause of building school vulnerability, Central areas. followed by lack of structural maintenance. Of the inspected buildings, 10-15 percent was found The Mid-Nepal Scenario, similarly points to to be in very poor condition, many with roofs on the same Core area of Kathmandu City as a the verge of collapse or walls that could crumble very high risk area. Note the cluster of red grids at any time (Table 4.2). in Figure 4.12. The Central areas, as well as the wards around the core are similarly at high risk. This is an alarming observation given that Based on the distribution of buildings, follow- schools could play a significant role in the after- ing the dominant type of material in that grid, math of an earthquake as they are typically well- as shown in Figure 4.13, and the likely greater distributed throughout the communities and number of buildings in the Core, the more could be used as temporary shelters. Initiatives catastrophic building damages are likely to be by NSET to reduce the vulnerability of schools more in the Core. The dark and light green included (a) training of masons on issues related areas towards the periphery of Kathmandu to building earthquake-resistant structures, and City may indicate lesser buildings constructed
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during the time of the earthquake study before of injuries per unit area (greater than 2000 2002. Given the increases in population and the persons per sq. km); but a greater concern is corresponding densification in the core in the the wider coverage of these intensities, 500 to past decade; as well as, the expansion of built up 2,000 persons per sq. km, indicating tens of areas towards the periphery, this risk to dam- thousands of injured persons, which will be a age distribution is expected to intensify over real challenge for post event rescue and relief. the same areas. An enlarged image of the Core The post-event emergency operations will also and portions of the Central area in Figure 4.14 be severally impeded by lack of access due to reveals Wards 18 to 30 are very high risk areas to debris and collapse buildings. Potential for fire building damage and human life loss. following the earthquake and hazardous materi- al release could further aggravate the impact of Risk to life such as death or injury is likely to the earthquake on life loss. An enlarged image occur where severe building damage and collapse of the Core where moderate and severe injuries take place. Figure 4.15 shows that in the Core, are expected may be seen in Figure 4.18. where heavy damage or collapse is likely, death toll or its density is highest. Note that the Cen- As a summary, the anticipated disaster in tral areas follow suit in terms of casualties and the Kathmandu Valley under the Mid-Nepal calculated death toll densities. Figure 4.16 shows Earthquake scenario is characterized by heavy an enlarged image of the Core and portions of damage of 53,000 buildings, death of 18,000 the central areas, revealing the same Wards 18 people and serious injuries to 53,000 more to 30 as very high risk areas. Figure 4.17 reveals (based on 1991 census data). The risk to life the distribution of moderate and severe injuries. in terms of number of deaths and injuries is The Core exhibited the highest intensity in terms More likely to be much higher over the same
': areas considering today’s density in buildings very close to each other, thereby increasing the and population. A current inventory of building risk of fire and fire spread. A major fire blaze in densities and characteristics, and the number 1999 killed 39 people, injured 10, and affected of population and occupancy types need to be 1,065 families. The fire, with estimated total determined in order to get an image of the real losses of NRs45.23 million, destroyed 1,035 conditions in Kathmandu City. These current houses, 52 cattle sheds, and 148 livestock. estimates on risks are assumed to exist and con- tinue to increase, and forms, in part, the basis of Earthquakes. The risk from earthquakes and its decisions in strategizing the land use and urban impacts have been extensively discussed in the redevelopment programs in this RSLUP. previous sections. A few important points can be repeated here: 4.3.5. Natural Resources and Environment • Nepal is a highly seismic area due to its This section provides a description of the position along major active tectonic setting natural environment, based on limited available caused by the subduction of the Indian plate materials and prior assessments on the subject. under the Tibetan plate, which moves at a A more detailed discussion of this section is very high geological rate and has caused the included in the KMC Sectoral Profile. creation of the Himalayas. Another genera- tor of earthquakes in the Kathmandu Valley Flood, landslides and debris flow. There are is the seismic gap zone in the middle of more than 6,000 rivers and streams in Nepal, Nepal; most of which flow from north to south gener- • Since 1255, where the earthquake catalogue ally at high velocity due to steep river gradient. starts, about 12 major earthquakes (all The majority of the larger rivers are snow-fed believed to be at least equal or greater than from the Himalayas. Since the topography of Magnitude 7 have affected Nepal. They the country is steep and rugged, with high-angle include earthquakes in the following years: slopes and complex geology, large quantities 1255, 1408, 1681, 1803, 1810, 1833, and of rainfall during the monsoon season lead to 1869, 1913, 1916, 1934 and 1936 with floods, landslides, and debris flows in a number the M8.3 1934 earthquake being the larg- of cities. In July 1993, the Tarai region experi- est magnitude recorded earthquake killing enced a destructive flood that claimed the lives 4,300 people and destroying 20% of all of 1,336 people and affected another 487,534. structures in the Valley and damaging anoth- In 1998, floods and landslides again affected Ta- er 40%. In Kathmandu itself, one quarter rai and other parts of the country including the of all homes were destroyed along with a middle Hill region killing 273, injuring at least number of temples in Bhaktapur. 80, and impacting 33,549 families. The floods • Thus, the historical seismicity indicates a re- and landslides also ruined the agricultural sec- turn time for earthquakes of M>=7 of about tor, destroying 45,000 hectares of crops. Similar 75 years in the country flooding occurred in 1999 and continues to • In terms of intensity, the earthquake occur annually. catalogue indicates that one should expect intensity 8 or greater to take place every 36 Fires. Fires are a common hazard during the dry years on average and intensity 9 or greater season (April-June) when it seldom rains and every 75 years. These intensities will cause the temperature in the Tarai region can reach catastrophic damages in the city. higher than 35∞ Celsius. Fires are prevalent in • More alarming is the fact that many of these Tarai and Hill regions where 90.8 percent of the earthquakes tend to cluster into two zones, total population lives in very poor housing con- one of them being around Kathmandu, ditions. Houses in rural regions, especially Tarai, where five earthquakes of M>= 7 have taken are composed of straw or timber and tend to be place since 1800. • Even more alarming is the fact that physical
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=! vulnerability is extremely high because of a rameters that need to be resolved in the RS- number of aggravating factors, including: LUP, through a change of vision and paradigm The large number of old brick and mortar for development and through education and buildings, the lack of any consideration to awareness. Strategies and actions of the RSLUP earthquake loads in the design and con- would be aimed at reducing vulnerability and struction of buildings and other structures, improving emergency management capabilities. the lack of structural maintenance, the frequent structural modifications done to Degraded and denuding water resources. Ac- buildings to create open areas for com- cording to a joint study by MoEST, ICIMOD merce, and the high density of buildings. and UNEP (2007) titled, “Kathmandu Valley Kathmandu presents one of the most vul- Environmental Outlook,” the Valley’s surface nerable environment to earthquake among water sources, such as rivers and “kunds”, have the major cities in the world. received tremendous pressure from increasing • The high potential for fire following and population and economic activities. The pressure potential for hazardous material release that on these water sources has also increased over could follow an earthquake due to mix uses the years as the agricultural sector intensified of residential, commercial and industrial its demand for water. Almost all major rivers functions, lack of enforcement of fire safety have been tapped at source for drinking water and hazardous material regulation, and basic supplies. This supply is only about 120 million safety requirements, as well as high density litres per day (mld) during the rainy season and of buildings. These secondary hazards could 80 mld during dry season, against the estimated aggravate the damage and losses from the daily demand of 170 mld (NWSC 2001). In dry shaking. season, 60-70 percent of the water supply comes • The extreme difficulties that will be experi- from groundwater. Only 79 percent of the total enced after an earthquake to organize rescue demand for water of the urban population has and relief operations as well as to deliver any been met. (MoEST, ICIMOD and UNEP, other emergency response function such as 2007) ensuring public safety and fire fighting, due to congestion, high level of debris on the The physical vulnerability of Kathmandu city is streets and lack of access due to building a result of several factors related to poor building collapse and debris planning, lack of land use plan and a support- • The extreme difficulties in finding areas ing transport plan to guide development, and for staging relief operations, for organizing inadequate technical capacity and resources at emergency response functions, for providing the local government level to address infrastruc- emergency shelter, and temporary housing tural demands for health, water, sanitation, and due to the lack of open space in the city. safety. Over the years, the vulnerability of the • Critical facilities such as schools, hospitals, population against natural and man-made haz- public safety buildings, essential public ards continue to increase and at the same time, buildings, banks, and others important continue to threaten the remaining resources facilities are likely to sustain heavy damages and amenities, thus further eroding the quality and not be functional after an earthquake. of life of its residents. • Damage to infrastructure mainly water, wastewater and sanitation, drainage, trans- These problems are cross-sectoral and the solu- portation system (including airport and tions in each sector need to be integrated in a main bridges), power, communication, fuel plan (Figure 4.19). This has implications on supply and food supply systems are likely future investment projects that need to be har- to also be disabled for several days if not monized to achieve sustainability. For example, months. in principle, future constructions should not increase vulnerabilities or risks to already high- These conditions are driving constraint pa- risk areas. Another example is that a proposed
! " #$% & =8 decongestion in the core area should be accom- managers because of the high cost of providing panied by appropriate strategies for housing and and maintaining municipal services.” (MoEST, possible livelihood or business opportunities in ICIMOD and UNEP, 2007) other areas of the city for those to be displaced or moved. Continuing loss of open space. In KMC, buildings are rampantly constructed over lots 4.3.6. Land Use and Physical Framework without the appropriate size or considerations for road rights-of-way. The lack of riverbank Shortage of habitable land. The projected popu- protection has resulted in the erosion of banks, lation of Kathmandu Valley in 2020 is estimated encroaching into adjoining properties and at 2.5 million compared to 1.6 million in 2001. putting the inhabitants at risk. Unplanned (KVTDC, 2002) KMC has the highest gross settlements and structures, built without population density in the city core and central consideration of natural hazards aggravates areas at 437 persons/ha and 139 persons/ha, the situation. The importance of open spaces respectively, in 2001. This process of densifica- should neither be underestimated nor over- tion within the existing Ring Road, as well as the looked. As noted by Serote (2004), “Any city conversion of farmlands, are likely to continue regardless of the amount of land available must (MoEST, ICIMOD and UNEP, 2007). maintain a network of public open spaces. The social, cultural and ecological function of The same study by MoEST, ICIMOD and open space is vital to any level of settlement. In UNEP (2007) states that “rapid urbanization in socio-cultural terms, the value of public open the Valley has been guided by several factors such space lies in providing a learning opportunity as a concentration of political and economic for citizens to recognize and respect the public power resulting in employment opportunities domain. Public open space serves as the city’s and multiple activities; availability of urban life support system and hence, must be kept in basic services such as water, roads, electricity, its open character.” and telephones; proximity to work areas such as administrative centres and industries; location of Increasing demand for urban land. Kathman- an international airport and tourist centres; push du City is the oldest city in Nepal. Consistent factors in rural areas such as natural calamities, with its central place functions, the services and unemployment, and social stigma.” All these facilities available in KMC also cater to regional observations apply to KMC. needs (Kirthipur, Thimi, Bakthapur, among others), in addition to the local population’s. Taking the Mid-Nepal Earthquake Scenario as reference, riverside areas are vulnerable to Conversion of agricultural lands. Due to an liquefaction, while all built-up areas in KMC increasing demand for urban land, existing are prone to strong ground shaking. From an agricultural lands continue to be converted for institutional point of view, the existing chal- urban development. Using up open areas in the lenges to urban development, to include the fringes appears to be the easiest approach to increasing vulnerabilities, result mainly from a meet this demand. The land pooling experience lack of land use plan for Kathmandu City and by KMC applied only to fringe areas where cost from the non-adoption or loose implementation and rearrangement are still manageable. Hence, of the Building Bylaws. (KMC, 2001) The study attempts to pool land in highly dense built-up team similarly describes urban growth as follows: areas are quite unlikely but potentially useful to “The growth of settlements in the Valley is gener- meet the demand for new spaces. ally spontaneous, and there is very little plan- ning intervention on the part of the government Fragmentation of land parcels arising from to guide its directions. The low-density urban inheritance. Inheritances of common proper- sprawl and uncontrolled settlement development ties lead to dividing the same property among in rural areas similarly pose a challenge for urban children and kin. As a result, a big parcel of
=: + :%$@ 2 + , ) P 2 ) land may be fragmented into smaller units in percent of the total population in the Valley the long run, making the area more difficult enjoys safe drinking water. Table 4.4 shows the to maximize or densify. Building spaces may total population of each district and the percent- similarly be partitioned to accommodate several age of the population receiving drinking water. households housed therein. Poor wastewater collection and treatment. Dumping of sewage and garbage into rivers had Backlogs in infrastructure development. Infra- resulted in poor sanitation and blockages of structure development has not coped with the drains in the city. In most cases, wastewater flow increasing demand for urban facilities and ame- is ultimately collected in storm sewers, as the nities. It has resulted in overcrowding, housing sewage directly flows into the river without any congestion, unplanned electrical system, lack of treatment. The problem has been aggravated by fire safety, narrow streets, lack of open space for the growth of settlements along the riverbanks. shelter, and continued exposure to disaster risks, Shortage of water in the river, especially during among others. winter, leads to rivers virtually being used as sew- ers, increasing pollution concentration. Illegal Water supply and distribution problems. Not quarrying of sand also causes environmental all households and people in the Valley have problems along the riverbanks, severely affecting access to safe drinking water. The dependency the structural safety of bridges at major arterial of households for drinking water on a variety of roads. (MoEST, ICIMOD and UNEP, 2007) sources is shown in Table 4.3. Heritage area and environment deterioration. Based on the 2005 data from the Department If proper consideration is not given, the natural of Drinking Water and Sewerage, less than 75 and cultural heritage will continue to deterio-
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rate because of environmental pollution which imity to the heritage sites which contribute inevitably hampers further development of the to the wear and tear of the structures; tourism industry. b. lack of inventory to provide intensive inves- Conservation and preservation problems of tigation of the historical and archeological heritage areas cover several aspects such as those heritage and the lack of inventory of the related to institutional coordination, lack of building stocks that may be required for proper preparatory inventories, lack of awareness retrofitting; and understanding about the culture and devel- opment pressures, deterioration of structures, c. lack of community-awareness and apprecia- loss of cultural significance and congestion. The tion of maintaining heritage ambiance; World Heritage Organization’s Integrated Man- agement Framework for KMC’s heritage sites d. permitting of the new buildings or altera- described these in detail as follows: tions in the sites without permission from KMC; and a. non-compliance to building regulations 4 :%: ) + 2 + 0 e. narrow streets and access to nearby safe 1 4% 2#2/ "&1% )**: open areas adds to the risk particularly in 1 times of emergency. 3 Y 3 Y )**F )**F Air pollution. Air pollution is caused by emis- +%)9>%++* @9:%>?* :> *F sions from vehicles plying along narrow and ! ?>>%*+* )D>%)F* :D )+ winding streets, which is exacerbated by poor 7 )99%+?* +F)%):* >) ?: road networks and conflicting land uses In un- 4 +%DF>%)F* +%?D>%+F* :9 >: planned settlements. (See Section 8.3.1 of the Sectoral Profile for more discussion.)
Electrical power shortage. Not all households by old and new constructions at identified in the Valley have electricity. The proportion World Heritage Sites, especially at the Hanu- of households having electricity in the three man Dhoka Palace Square and Boudda mon- districts may be seen in the Nepal Human ument zones. The issues pertain more on Development Report 2001 (UNDP 2002). The private buildings enveloping heritage sites, overall proportion of households connected to development pressures in heritage sites, and electricity is approximately 95 percent. mercantile operations located in close prox-
=' Dumping of solid waste. Illegal dumping of converge in the traditional core and central area solid waste is a common sight in unplanned where almost all the traffic generators/attractors settlements. These areas are either not served by are concentrated. the municipal solid waste collection system or the community is not well organized to handle Compounding the congestion problem is the the problem. (See section 8.1 of the Sectoral inadequacy of the existing circulation network. Profile for waste disposal issues and problems.) The inadequacy of existing roads is acutely felt along the arterials or those roads that convey 4.3.7. Transport and Linkages through traffic in the central area. All north- south and east-west vehicular traffic must pass The main road network inside the Kathmandu through the central business district thereby ag- Valley consists of corridors, one from east to gravating the traffic condition in the city center. west and the other from north to south, along With the intention of increasing densities in the with a Ring Road surrounding the cities of central area, and near surrounding areas of the Kathmandu and Patan. Several radial roads also core, the circulation needs to be improved. exist; some radiating from the city core area and others from the Ring Road that are not 4.3.8. Natural Hazard Risks to Buildings and constructed according to Nepal’s road standards Infrastructures and possibly less maintained. Aside from these, there are 33 urban roads in Kathmandu Dis- The components of direct damage to Kath- trict, 10 in Lalitpur District and 11 in Bhakta- mandu City may include buildings for housing, pur District. According to the Department of commerce, industries, tourism, hospitals, roads Roads’ database, most of these urban roads are and bridges and other economic or social infra- narrow and heavily built up on both sides. structure such as critical lifeline utilities (water, energy) and facilities (transportation, communi- Bridges. Since most of the bridges were built cation, sewerage). The impact can be expressed and supported by various foreign aid agencies, as a percentage of buildings destroyed or number there is no uniform bridge design standard in of breakage points. However, an understand- Kathmandu Valley. ing of the severity of the impact of the damage on life, livelihoods, delivery of critical services, Airport. Nepal has only one international air- and potential for restoration is also important to port, the Tribhuvan Airport located in Kath- acquire. These elements were discussed in other mandu City. It has two terminals, one domestic sections of the report including section 4.3.5. and one international. The airport is built on Risk to buildings. There were no official build- terrace deposits with stiff ground. In case of ing inventory data for Kathmandu Valley in the earthquake disasters, if this sole international 2002 JICA study, and so the building vulner- airport is damaged, not only Kathmandu Valley ability was estimated from the population and but the whole nation is in danger of complete household distribution based on the 1991 cen- isolation from the outside world. sus. This is to say that the total number of build- ings was estimated and not obtained from field Perennial traffic congestion. Roads and streets inventory activities. Data on building material in Kathmandu City, like its establishments and used predominantly for building construction institutions, do not serve the needs of the local were used to assess building vulnerability. The residents only. They are also used by residents age and height of buildings were not taken into from other districts crossing the city to attend consideration due to unavailability of data and college classes, watch movies, shop, transact constraints in doing detailed surveys. Among business with government and private offices, other elements considered were the damage on and attend religious functions and worship. All road network and utilities. Detailed and updated vehicles that carry this volume of traffic must data need to be prepared in future studies. Thus,
! " #$% & == the results of the JICA study are very informa- number of buses, including microbuses, has tive of the relative distribution of the impact of more than doubled in the same period. One earthquake but could be considered to be low of the consequences of this was an increased estimates in absolute values. For the purpose of competition for passengers, with resultant the RSLUP, the relative information on risk is congestion at passenger boarding points and very relevant to laying out a strategy and a ratio- unregulated rates. (See Chapter 7, Section 7.1 nale for land use and development. However, of the Sectoral Profile) for emergency management purposes, absolute values of damage and loss are also important. The road network within Kathmandu Valley is Refer to section 4.3.4 for more discussion. inadequate. It has experienced a large growth in the number of vehicles as urbanization Risk to roads and bridges. The density of roads takes place in a rapid manner. The number of in the Valley, that is, 14 meters per hectare or 5.6 vehicles continues to grow despite the lack of percent of developed land 1, is below internation- improvement in existing facilities and the dis- al standards. Sixty percent of total vehicles run in organized traffic movement; thereby resulting roads of the Valley. With a surge in population, in increased congestion and accidents. These the pressure on existing transportation facilities in turn, have decreased vehicle speeds affecting will continue to grow. The problem is also esca- road capacity. Roads are not classified according lated due to lesser number of public transporta- to vehicle types. With increased vehicular traffic tion modes as compared to private. and common tracks for all types of vehicles in the Valley, traffic congestion is increasing and According to the Department of Transport Man- contributing to excessive vehicular emissions. agement (DoTM), the total number of vehicles registered in Bagmati Zone was 246,760 in In view of the Mid-Nepal Earthquake scenario, 2003-04. The total number of vehicles registered several bridges are likely to be heavily damaged in 2005-06 was 27,262. The present trend in closing most of the access points in and out of addition of vehicles in Bagmati Zone is estimated Kathmandu City. Figure 4.20 shows the bridge to be around 12 percent per annum. (Source: damage distribution for the said scenario. The Sectoral Profile) Table 4.5 provides the vehicle Kathmandu Valley Earthquake Risk Manage- registration in Bagmati Zone. ment Project (KVERMP) has estimated that more than 10 percent road length will be dam- As shown in Table 4.6, the growth of motorized aged and more than 50 percent of bridges will vehicles, especially buses, has been tremendous in be impassable if an earthquake with Intensity the last five years. The number of three-wheelers IX hits Kathmandu Valley. (KVERMP, 1997) such as tempos has remained fairly static, but the 3 4 ! 4 # . Almost all bridges connecting the international 6 $% )*)* airport are at risk. Most of them had not been 4 :%< 9) + ;+ > $@@"!##' 4 6 $ +@@D@@ +@@@** )****+ )**+*) )**)*? )**?*9 )**9*F )**F*> 7 +%F)> +*> ++) ++9 )?> )DF +@D D*> 3 +%F:: ?? +@9 ?>D )?) ++> 99F )9) 3 >+: +*9 )@) >:F >:* 4 F%))> >@ +D@ :F+ :99 F9* 99* +%**: # ??%*+> )%@:: 9%>D+ )%>9@ )%@@@ >%:DD +)%)D: ?%>*? 4 9%+*> >:) +:+ +)9 )> 9* $ D+%??+ +)%DD> +:%:D? ))%DF) )+%FFD +D%*?F )*%**? )+%>*9 4 +)>%:D) +>%:9? )?%:9: )>%@>) )>%*>+ )>%9>F ?9%*D? ):%)>)
=" 4 :%' ( , ) ) 4 mandu Valley (Figure 4.21). It includes the road ;+ > !##$!##' network linking the Valley to other parts of the 6 $ G nation, to the international airport and bound- )****+ )**F*> R aries, to districts, city centers, municipalities of the Valley, and to water sources in and around 4 9%@9@ F%+?@ * @FR the Valley, etc. The Ring Road and other basic 3 >+: )%?FD ?@ D)R networks important for conducting socio-eco- 4 F%9D9 D%@>> +? *DR nomic activities during normal periods were also 7 +%:99 ?%?D? +D *)R included in the Strategic Road Network. 3 +%D*9 ?%)*: +F 9:R 4 +9%F@D )?%*F? +) +*R Figure 4.22 below shows the location of other critical facilities exposed to ground shaking and retrofitted nor replaced, so in the case of the liquefaction under the Mid-Nepal Earthquake Mid-Nepal Earthquake Scenario, disruption of scenario. traffic may result in more losses. However, no detailed studies for earthquake loss estimation 4.3.9. On Incomes and Other Services have been carried out after the KVERMP and JICA studies. The increasing pressure of urban development on a city has given rise to a number of other is- The parts of the road network that will play a sues as discussed below. vital role during an earthquake were identified and termed the Strategic Road Network for Loss of cultural heritage. The rich cultural heri- Earthquake Disaster Mitigation in the Kath- tage of Kathmandu Valley is believed to gradu-
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ally eroding because of the excessive pressure of had resulted in lesser possibilities of gaining commercial activities. Historic ponds, court- employment. These may have contributed yards, public rest houses, and grazing grounds to the rise in criminality. Political cuddling and playing fields are being converted into and limited support in fighting criminality private property. Similarly, public lands are being had translated into erosion of confidence in registered as private land for profit and specula- the police system and has allowed anarchism tion, while traditional ‘guthis’ (trusts), which of unlawful elements in the streets, thereby looked after the management of public lands, decreasing tourism and lesser faith in the police have either ceased to exist or are inactive. system. Indirectly, this could have resulted in Ineffective education policy. Figure 4.23 in- financial losses to the tourism industry as well dicates that too much politics and ineffective as outmigration of residents. These perceptions monitoring of performance of the education and beliefs raised in the workshop need to be sector contributed to insufficient educational validated further in other studies. facilities and services resulting further in a less desirable quality of education. The number of Decreasing performance of industries (cottage school dropouts continues to increase, while a and others). A report by MoEST, ICIMOD growing number of people are having less faith in and UNEP(2007) notes the establishment of the educational system because of incompetent “Udhyog Parishad” (Industrial Development graduates and limited employment opportuni- Board) in 1935 and the promulgation of the ties. Company Act in 1936. This paved the way for industrial development in Kathmandu,Valley Increased crime rate. Fig. 4.24 shows that the such as traditional cottage industries(e.g.,textile lack of skills coupled with poor quality living, weaving (handlooms), brick and tiles, pottery, "# ' $ ( + :%!! ) & ) )
! " #$% & "$ handicrafts (e.g. idol making), precious how of the local government to effectively plan ornaments, traditional food processing and and manage its territory (Figure 4.26). Decades preservation (such as rice milling, beaten rice, of highly centralized power and resources and oil milling, sweetmeats, and traditional dairy the dependence of KMC on the national gov- products), wooden furniture and carving, ernment may have made it difficult to address bamboo crafts, traditional textile printing and growing concerns by its own; but slowly, steps dyeing, traditional art and paintings, copper and had already been taken by KMC which in- brass metal utensils, herbal medicines, forges, cludes this local planning activity. Henceforth, and cordwaining (leather crafts). the KMC officials are sustaining a proactive stance in defining the direction and shaping Inspite of these developments, the same report the pattern of development in their territorial reveals other factors related to political rifts, jurisdiction. power shortage, work-related disputes and insufficient government support resulted to A 2007 study confirmed several of these poor investments and business closures. Where perceptions and beliefs, noting the following new services are becoming in demand, the lack points: of skills and possibly training and education programs for such services are hindering people • Government is unable to acquire land be- to gain employment. As shown in Fig. 4.25, this cause of financial constraints while private resulted in seriously poor living conditions and developers face difficulties in assembling rise in crimes against persons or the community land parcels. in general. • Developers also face difficulties in procur- Weak institutional capability. At the root of all ing land parcels from speculative landown- these constraints is the weak capability or know- ers who either demand exorbitant prices
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or simply refuse to sell the land. There is 4.3.10. Risk to services and livelihood means no legal tool that can be used to acquire isolated land parcels from uncompromising The location of establishments relative to the landowners. hazard-prone areas initially determines their ex- • Although municipalities are spending a posure. However, the greater risks and negative large proportion of their income on person- consequences to the various sectors of the city nel expenses, they have very little trained are felt in the long term, especially if industries manpower. are too specialized and heavily concentrated in • Other institutions are involved in urban an area and may not be diverse enough to cope development and urban environmental with losses. In view of the limited resource to management, but they have very limited study thoroughly the service functions of the resources and programmes. wards in KMC and outside the Valley, the ser- • Most municipalities and other institutions vice functions defining the urban geo-spatial and that have responsibilities for urban environ- economic fabric were based on a distribution mental management do not have plans and of establishments from different industries in programmes to combat pollution. KMC. As indicated in Fig. 4.27, tourism is con- • Another major weakness of institutions is centrated in Wards 1 (Central)and 29(North), in regular monitoring and enforcing com- with more than three quarters of its business pliance with standards and regulations. establishments located in these areas. Estimated Nepal has standards for ambient air quality building damage in these areas are moderate to and vehicle emissions, but these are rarely high. Much more critical are the tourism and enforced. (MoEST, ICIMOD and UNEP, services in the core areas which, unfortunately, 2007) are expected to experience the most severe dam- ages and loss from an earthquake, and are likely to be completely disabled for a long period of
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time. Considering the importance of tourism relocation is indicative as of this time. Among and service sector to the economic life and the the key considerations in relocation are the livelihood means of the population, these are number and availability of other service func- areas of high socio-economic vulnerability as well tions in other wards, which should complement and should be addressed in the RSLUP. available services in these same areas, as well as the population density to support them. It is Services are concentrated in the core area but assumed that a population density of 60 per- dispersed in other wards. The manufacturing sons per hectare would be sufficient to support industries are located in the core, northern and neighborhood services. Based on the 2001 esti- eastern sectors. While damage or disruption to mates and current projections, this density has these services in the core are likely, a detailed already been exceeded in most areas of KMC study to fully understand the spatial relationships and in other municipalities in the Valley. Even of these services is necessary to understand bet- with these viewpoints and directions, several ter the impact of the earthquake on the economy issues need to be further addressed, such as the of KMC. Even with these limitations, removing implications of the building bylaws to existing non-compatible services from the core (heritage constructions and urban form and the changes area) and relocating them to the periphery ap- in travel demand these new centers will create, pears rational considering the need to decongest among others. the area in order to reduce the exposure of the population. Such approach will reduce the risk 4.4. Goals, Objectives and Targets in the long term but will also enable of more rational use of land and space. Goals reflect the problems and the actions that may be taken to address them over a long pe- The identification of appropriate places for riod of time while objectives are more specific,
": + :%!' , , ) D 0 , ( + F) 'C 3$ . .. $ $ 3 3 % . ( measurable and time-bound. For KMC, the further detailed in the succeeding chapters. main problems identified and discussed may be translated into the following goals: 4.5. Implications of Risks on Goals, Objec- • Reduced and regulated migration; tive and Targets • Reduced vulnerability and exposure to natu- ral hazards; Following the seismic risk information provided, • Improve emergency management capabili- the more important concerns that need to be ties addressed are those that pose threats: • Increased employment opportunity; • To public safety; • Reduced crime rate and greater peace and • To the sustainability of key production order; resources or employment activities; • Strengthened institutional capabilities to • To the delivery of basic services; and carry out functions; • To protected areas, flora, fauna, and other • Reduced pollution; and protected natural resources. • Improved services. Hence, the analyses should focus on the impli- To meet these development goals, they are cations of these seismic risk information to the broken down into manageable actions over development of specific settlements, produc- short periods and become the objectives to be tion and protection land uses, infrastructures of met. Strategies are then developed and described Kathmandu City. The resulting problems and on how these objectives may be carried out. concerns arising from this evaluation should Tables 3.5 to 3.9 lists down the strategies that be translated into goals, objectives and targets were identified and described by the PWC for for risk reduction and increased resilience. The the following sectors (a) population and settle- succeeding Tables 4.7 to 4.11 are the outputs of ments, (b) physical resources, (c) economy, (d) these analysis and goals, objectives and strategies incomes and services and (e) land use and physi- formulation. The land use strategies are the sug- cal framework. Land use-related strategies are gested policies and interventions so that sustain-
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able development may be carried through an physical development was reached through appropriate land use plan and zoning ordinance. several meetings with KMC. The existing land In general, the DRR measures may include one uses, intensities of use and arrangement for or several of the following approaches: the settlement, production, infrastructure and • Avoid or eliminate - remove a risk trigger or protection areas were based from the current deny a risk- creating activity land use map. Possible changes in the intensi- • Reduce or mitigate - reduce the frequency or ties through redevelopment of urban spaces, the severity by changing physical characteris- possible conversion of agricultural areas, land tics or operations pooling opportunities, core area preservation, • Share or transfer - shift the risk-bearing possible urban expansion outside of Kathman- responsibility to another party du City, and development controls prescribed • Retain - fund potential losses with own by the building by-laws and information on resources risk formed the parameters for deciding on the preferred land use. The preferred land use 4.6. Development of Spatial Strategies plan that resulted served as the basis for future utilization of resources and a guide for future The development of strategies started with a de- developments in KMC. scription of existing land uses in the city. Guided by the vision, goals, objectives and strategies to The following activities were undertaken to address the problems of development and land come up with the strategies: use in Kathmandu City, a framework for future • Review of existing land uses and trends
"' • Assessment of the initial physical frame- ner together with serviced building sites. This is work (i.e. demand management strategies, used to transform urban areas that had earlier land supply strategies, demand and supply developed in an unplanned spontaneous manner integration and physical framework formu- where houses are built in a very dense haphazard lation) way, where public facilities are inadequate, and where the environment is deteriorating. Land In identifying the strategies, the PWC initially readjustment should result in new public facili- defined the land use and urban development ties and utilities that are well integrated with the terminologies that may have conflicting con- new configuration of building lots wherein each tents. From this agreement, the following terms lot is regularly shaped and has a street frontage. have been consensually adopted: In this situation, it is assumed that there is equi- table sharing of costs and benefits for all holders Urban Renewal comprises any or a combina- of rights in land.” (Serote, 2004) tion of the following programs, as defined by Weimer and Hoyt (1966): The following strategies were reviewed and con- • Rehabilitation-bringing substandard struc- sidered for KMC. tures to a standard • Conservation-combination of rehabilitation Land supply strategies and spot clearance in order to upgrade an area 1. In-filling of vacant urban lands in order to • Redevelopment-demolition, clearance and maximize use of land and delay conversion reconstruction of an entire area 2. Densification of inner city areas to aid in urban renewal of Core and Central areas. Preservation involves maintaining or rebuilding This includes the construction of new hous- the site or structure near its original form and ing sites (e.g. apartment housing, socialized arrangement. Note that the word “conservation” housing) had rather been equated with “preservation” 3. Conservation/Preservation of heritage sites particularly when referring to heritage sites. For and redevelopment of the Core and Central clarity, the urban renewal described for the Core areas (e.g. land pooling, demolition and new area is largely preservation (e.g., monuments) construction) and a mix of other programs or schemes (e.g., 4. Agricultural land conversion is the primary redevelopment). approach taken by KMC in order to provide land; however, this practice has to be regu- Re-blocking involves realignment of structures lated through ordinance and strict imple- to provide alleys and pathways connecting the mentation of building bylaws (i.e. construc- interior area to major roads and subdividing the tion and zoning). area into residential lots for awarding to quali- fied beneficiaries. Serote (2004) mentions four Demand management strategies basic principles of re-blocking, namely: • maximum retention of structures and mini- 1. Improved city service in the city Core and mum displacement of families; Central areas • provision of basic services and utilities; 2. Transfer of future residential population to • land ownership by qualified beneficiaries; alternative sites coupled with commercial and corridors proposed in the central and eastern • maximum community participation. sectors of KMC to decongest the Core and relieve it from certain functions. Transfer of Serote further adds that: “Land Readjustment is traffic and a review of carrying capacity of a comprehensive urban redevelopment project existing roads.[rtt3] which provides urban infrastructure such as 3. Relocation or resettlements for illegal settle- roads, parks and sewerage in an integrated man- ments (ex. in riverside areas).
! " #$% & "= Sprawl control strategies and the Valley as a whole to become a mod- el in the management of planned change. Discussions on sprawl control led to the follow- ing suggestions: 4.8. Risk Reduction Strategies among Devel- 1. Deny further fragmentation of agricultural opment Strategies areas or large lots 2. Maintain a mixed-use development with Risk reduction strategies against earthquakes strict enforcement of building by-laws (e.g. which can appropriately support KMC’s de- maintaining built-up and open area ratio; velopment goals and objectives are indicated building floor area ratio-FAR) in the succeeding tables. Originally, the initial 3. Denying utility extension policies (in re- development goals, objectives, and targets were stricted development zones) considered in the absence of risk information 4. Promote park and open space policies (river- from the previous earthquake study results. side development, land pooling) With the risk information, its implications 5. Greenbelts to prevent encroachment by on the current and future settings were evalu- urban development ated. KMC then reviewed the goals, objectives and strategies previously made. Strategies were 4.7. Development Opportunities made sensitive to the seismic risks evaluated. This process ensured that the risk concerns and KMC’s biggest advantage is accorded by its their solutions are incorporated in the previous culture and heritage through its public squares, decisions. The identified development strate- monuments and old historical buildings. These gies were then grouped under the following had generated tourism and commercial opportu- headings: Populations and Settlements (Table nities for fine handicrafts, woven products, food 4.7), Physical Resources (Table 4.8), Economy specialties, among others, to flourish. These areas (Table 4.9), Incomes and Services (Table 4.10), should be prioritized for protection and manage- and Land Use and Physical Framework (Table ment by KMC. 4.11).
The decision to manage the city according to the The more important strategies and policies mandates of the LSGA provides local govern- towards risk reduction pertain to the following: ments such as KMC and other municipalities to • Restrict or discourage new structures in take public control over the direction and pattern high hazard prone areas; of development in their territories. Through this • Allow some improvements or activities in planning exercise, KMC underwent a learning high-risk areas but disallow residency in the process (e.g. planning, city to city exchanges) and same; came to a realization that within the territorial • Provide economic incentives (such as tax jurisdiction of the city, the local government can relief) to encourage transfer of develop- be proactive in prescribing the use of property to ment from or discourage development in achieve the following results: high-risk areas, especially in congested areas in the core; • Protected areas are respected and preserved • Encourage the removal or relocation of oc- for the benefit of all; cupants in high-risk buildings; • Production areas are used sustainably so that • Set in place mechanisms that would the needs of the present and future genera- discourage people to acquire or encroach tions will continue to be adequately met; hazard-prone areas for redevelopment; • Settlement areas are made livable and safe; • Consider a transport system that is simi- and larly risk-sensitive; • Infrastructure support is adequately and ef- • Prepare post-event recovery and reconstruc- ficiently provided to help Kathmandu City tion plans for the Valley;
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The constraints and opportunities discussed in is adequate supply of land to meet the projected Chapter 4 point to the need to bridge the gap demand for urban use 10 years hence, which is between KMC’s vision and the current reality. the timeframe used for this planning exercise. This requires spatial strategies that will con- This activity proceeds as follows: (a) projection tribute to achieving the desired scenario. The of future demand; (b) assessment of land supply; chosen urban form will serve as a framework and (c) matching demand with supply. for a detailed allocation of space and location of various activities and facilities for the planning 5.1.1. Available Supply and Projected Demand period. Two scenarios could result depending on for Land the interventions that are introduced by major stakeholders. One is called trend scenario, where As shown in Table 5.1, residential land use cov- past and current conditions simply continue. ers more than 50 percent of the total land use in This happens when there is no major govern- Kathmandu City. The urban area covering resi- ment or private intervention other than those dential, business, service and mixed use is 3,720 that are already on-going, programmed or com- hectares or about 72.9 percent of the total land mitted. The other scenario is called development area. Agricultural area covers about 911 hectares, scenario, which occurs when major government while a disproportionate amount of greens total and private sector interventions are introduced. to only 911 hectares. Residential area by wards is The latter will produce new patterns of growth larger in the East and West sectors, where mixed- and create discontinuities in current trends. use “other residential areas” categories are found. (Serote, 2004) At the Core and Central sectors, the areas are smaller. The residential areas in the North Sector 5.1. Demand-Supply Balancing of Land have slightly bigger areas than near the Central Requirements Sector areas. For settlements planning, certain parameters should be determined to assess the The process of generating alternative spatial true availability of land supply. These include strategies for KMC involved five sets of activi- actual use, existing densities, built up to non- ties namely, (a) available supply and projected built up occupancy ratios, and actual building demand for land, (b) demand-supply balancing floor to area ratios (FAR). Given the constraints of urban land requirements; (c) map overlaying in resources in coming up with such invento- or sieve analysis; (d) generation and character- ries, assessing the capacity of the 2006 land use ization of alternative urban forms; and (e) evalu- to carry the future population was taken using ation and selection of the most preferred spatial several assumptions, namely: (a) the estimate strategy. These are discussed in more detail in of 13 square meters per person (See Table 4.4.1 the succeeding sections. in Sectoral Profile); (b) use of 5 members per household, which translates to about 65 sq.m Land, as the platform of activities, is finite while housing for a family of five; (c)the use of FAR=1 population and socio-economic development or 2; and (d) the ratio of built and un-built ar- activities increase through time. Demand-sup- eas of 0.5. Table 5.1 below displays the scenario ply balancing seeks to determine whether there used in the plan.
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@" The first row of numbers in Table 5.2 assumes • In the East sector, the projected population that potential residential areas, as identified in in either 2015 or 2020 cannot be accom- Table 5.1, are available and that all possible resi- modated by its allotted residential areas. dential areas assume a FAR of 1.0 and that only Wards 6, 7, 9, 10, 34 and 35 are likely to be 50 percent of the land area can be built upon congested if population is to be housed in by housing or residential structures. The second the same areas. Ward 8 has enough space to condition describes increasing the FAR to 2.0 to accommodate less than a thousand but this indicate more intense use and having a similar is likely to be exceeded in 2020. ratio of 0.5. The ratio of 0.5 somehow assures • In the Central sector, Wards 5, 11, 31 and that open spaces are created when construct- 32 buildable area with this FAR cannot ac- ing residences and allows for the easements and commodate the population projected. Ward road right-of-way. These assumptions are within 1, based on either year can accommodate its the FAR ranges prescribed by KVTDC for vari- own population. Ward 33 exceeds its capac- ous residential uses, which may reach as high as ity under this condition in 2020. 4.0. • In the North, the heaviest concentration of population is in Ward 16 and capacity based 4 <%! ( 1 + ) & on this FAR and percent buildable area can- not meet the increases in population. Ward # - . 7 3 apparently remains available for densifica- ! tion while Wards 2, 4 and 29 will exceed + + * * F their limit in 2020. ) ) * * F • In the Core, population can no longer be met by the available residential land in either In Table 5.3, the two scenarios are given in year, revealing a similar congestion, even if columns 5 to 7 and columns 8 to 10. Columns a FAR of 1 is maintained. As a heritage site, 5 and 8 are estimates of the population capacity a FAR of 1 is somehow reasonable, since of the residential areas in each ward identified high rise buildings are not to be allowed to in Table 5.1. Columns 6, 7, 9 and 10 reflect the obstruct the monuments. remaining population that needs to be housed. • In the West area, the population cannot The following expressions help clarify the num- be maintained by the available land area in bers shown. either year.
Condition 1: The numbers in column 6 and 7 To facilitate possible strategies, columns 6 and mean that with a FAR=1, and ratio of buildable 7 are shaded red indicating the space in these land to total residential land as 0.5, the follow- areas that can no longer support the housing ing interpretations are given: requirements of its population. These areas need
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! " #$% & @@ be decongested or possibly re-planned. This may Wards 2, 4 and 29 even up to 2020. also be identified by having a (+) excess number • In the Core, for most areas, even raising the in 2015 and a (+) excess number in 2020 FAR to 2 will no longer meet the projected population in either year, revealing a truly A yellow shade indicates that the population congested situation. capacity may be exceeded in 2020 but possibly • In the West, raising the FAR to 2 increases not in 2015. Raising the FAR in these areas may the residential capacity and can meet resi- create available buildable space, though vertically. dential demand in 2015 but not in 2020. This may be identified by having a (+) excess number in 2015 and a (-) available capacity Column 11 provides strategies which may be number in 2020. looked into; however, the recommendations still require validation from an inventory of A green shade may indicate possibility of land areas available for infill, densification or limited areas available for expansion and planned de- expansion. Given the large numbers of popula- velopment. This may be identified by having a tion to be housed, it is a likely possibility that (-) available capacity in 2015 and a (-) available new sites outside of KMC may need to be capacity number in 2020 explored for residential uses. This necessarily will result in a Valley-wide view of development While these are simplistic assumptions, it is with the other municipalities serving as centers indicative of the possible congestion that may of services. result and the areas which may need possible expansion or densification. An actual inventory Another way of estimating the land require- in these areas is needed. ments is to use planning standards for land al- location. The standards set by the Housing and Condition 2: The numbers in column 9 and 10 Land Use Regulatory Board of the Philippines mean we raise the FAR=2 while maintaining the was used initially to ascertain demand for land ratio of buildable land to total residential to 0.5 for various uses and later checked against total to provide the open spaces. It is given the follow- land supply for KMC. Where demand for land ing interpretations: exceeds available supply, this indicates possibil- ity of looking for open areas elsewhere. • In the East sector, the projected population by 2015 or 2020 cannot be accommodated The demand for land uses depends on the num- by its allotted residential areas. Wards 7, 34 ber of future population and the standards set and 35 are likely to remain congested even by government for the particular land use. By if doubling of the FAR is set. Wards 6, 8, 9 the year 2020, the demand for various types of and 10 have enough space to accommodate land uses will become more intense and may no its own population but likely to be exceeded longer be able to accommodate the demand for in 2020. Kathmandu City as shown in Table 5.4 below. • In the Central sector, Wards 5 and 31 can As the population of Kathmandu is expected accommodate the population projected in to grow to 1,589,214 by 2020, the demand 2015 but unlikely in 2020. Wards 11 and for residential land will likewise increase to 32 still remain congested as raising the FAR 4,131.96 hectares by 2020, while infrastruc- to 2 may not solve the problem of providing ture use will require another 3,019.51 hectares. buildable spaces. Wards 1 and 33 can ac- Combined with future demand for all other commodate a larger population and may be land uses, the city would not be able to accom- possible for densification. modate these demands given KMC’s finite sup- • In the North, the heaviest concentration ply of land which totals 5,076.6 hectares. The of population to be housed still remains in city would need to maximize the use of land or Ward 16, even if a FAR of 2 is maintained. find alternative strategies such as vertical expan- Ward 3 increases its capacity along with sion, urban expansion outside of KMC, etc. in
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order to accommodate the projected demand for use map, shown in Figure 5.1, already indicates future uses of land for its growing population. that new development sites are only possible in VDCs and identifies KMC as mostly urban 5.1.2. Matching Demand with Supply with little pockets for expansion.
Inventory of the supply of buildable land within In-filling of vacant urban lands KMC still needs to be pursued in order to iden- tify available urban land for the next ten years. Vacant lands are land parcels within existing The sites that were initially explored in this study developed areas that were bypassed by develop- were taken from the recommended locations ment and remain unutilized. When these lands in the Kathmandu Valley Earthquake Study in are put to use, the process is known as “in- 2002 and from the zones identified “as other filling.” Due to limited resources available for residential areas” in the KVTDC land use plan. producing an inventory of these areas, KMC Possibilities of infilling and densification appear initially identified the sites through previous few, with the exception of land pooling and use maps. However, these areas for possible in- of land from institutional zones. At this time, the filling need to be surveyed, and the amount and quantifications are limited and suggestions made size of land recorded. In previous meetings, the herein are essentially based from evaluations of PWC had expressed their reservation regarding recent remote sensed images and with reference the availability of such areas in KMC. There is to the earthquake study results and the KVTDC very little public land for in-filling as most open 2007 land use map. The Kathmandu Valley land spaces are from privately owned lands, where
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! " #$% & $#8 government has little control. Part of these open Potential urban renewal projects surrounding spaces may be recognized by the dispersed white the core, specifically in the dense mixed resi- spaces in Figure 5.2. dential sub-zone immediately surrounding the heritage buffer zones can be targeted. Densification of inner city areas The urban renewal will be complemented by Increasing the FAR in areas of low hazard and riverside development programs possibly con- designing structures appropriately to withstand necting to open spaces and parks. These may be strong ground shaking appear to be a feasible found along areas of the Bagmati and Bishnu- option to take. For residential purposes, this mati Rivers, as identified in the Bhagmati River approach towards densification can be pursued Development Plan. New developments shall through land pooling in zones identified as be regulated, including the provision of a 100 “other residential sub-zones.” This may actually meter buffer strip surrounding the main rivers. be easier said than done, especially when applied in moderate to highly dense areas, as there are Preservation of World Heritage Sites likely oppositions to readjusting privately owned land for provisions of easements and open spaces, There is a strong advocacy to preserve the efficiency of use, road widening and putting monument zones and buffer zones of heritage order in the arrangements following the build- sites. The Integrated Management Framework ing by-laws. The perception that exclusive use prepared jointly by the Government of Ne- of land amounts to absolute control in the use pal, Ministry of Culture, Tourism and Civil of the land makes government interventions for Aviation, and the Department of Archaeology controlling land development for public benefit provides the principles and guidelines for con- and welfare impossible. In high valued areas, serving the monuments, the necessary building redevelopment costs can be recovered through bylaws and the process for rectifying buildings increased FAR. Pursuing densification shall be which are inappropriate in the monument guided by the Nepali Building Code and the zones. KVTDC land use zone in general. New areas for commercial operations or new areas for hous- Agricultural land conversion ing (e.g., apartments, townhouses or row houses, high-rise structures) suggested in this RSLUP Among the supply augmentation strategies aim to decongest the core, leaving the heritage available to KMC, agricultural land conversion area available only for compatible uses. is considered the most feasible. The absence of irrigation infrastructure and other agricultural In view of the seismic risks identified in the support facilities render the remaining crop- 2002 JICA study, the densification of areas must lands marginal. The conversion of these areas initially be subjected to site hazard assessment or requires approval, the rationale for which is of- seismic microzonation studies. These will aid in ten based on the non-productivity and unsuit- sensitizing the FAR and height parameters sug- ability of the land for agricultural purposes. gested in the Building Bylaws of 2007. Valley-wide development Urban renewal in slum and blighted areas Given the limited space for new development Strongly related to the strategy on densification, sites within Kathmandu City, the Valley-wide urban renewal or redevelopment of slums and perspective of expanding in new areas appears blighted areas usually results in increased densi- viable since KMC and other municipalities, ties in inner city areas surrounding the core (i.e. namely, Bakthapur, Thimi, Lalitpur and Kirth- heritage area). Residential density increases when ipur, can be developed to host region-wide dilapidated make-shift structures are converted services. With densities of at least 60 persons/ into row houses or medium-rise walk-up units. ha the VDCs can ably support new economic
$#: + <%! > + !##" '6 # (
! " #$% & $#< centers located close to these cores. A valley-wide 4 <%< 4&Y) ( > 2) transport plan supporting the new roles of these P2# $ 6 $ "3 centers can relieve congestion in KMC and offers % +@@? a fresh chance of planning the land use of the I #$$6 Valley with the disaster risks in mind. This may + #$ not only help achieve sustainability for KMC, ) but for the Valley as a whole. ? 9 Towards a risk-sensitive transport plan F > The zoning system used in describing traffic : trends is based on the aggregated zoning system D from the 1993 JICA Study on Kathmandu Valley @ ! 3 #$ Urban Road Development. The complete zoning system of the JICA Study consists of 41 traffic +* analysis zones (TAZ). Of these, 18 zones cover ++ the KMC. The aggregated zone system consists +) of 25 individual zones. Table 5.5 presents the +? 7 $ description of the zoning system. +9 +F $ 4 $ Table 5.6 shows the correspondence of among +> % 73% 4% % % the TMZ, KMC wards and the Planning Zones , within and around the immediate vicinity of the +: & % # $% # % KMC administrative area. The core area is repre- % P sented by Zone 1 in TAZ while the central area +D 7 % % 4% 5 % 7% corresponds to Zones 3 and 4. With the corre- % % #% & % spondence between the planning zone and traffic ,% zones clearly identified, various future land use +@ 2 % 4% !3% % E and redevelopment scenarios can be reflected in % ! % , % 43% 7 $% , the transport analysis. For example, a reduction in the population and land use activity of the )* 3% % % % 7 % 4 % P % # % core area implies a decrease in the total number # % 7 of trips coming out and going into Zone 1. )+ $% % # % 4 % $% Business-as-usual scenario % 8% # % )) 2 $% 7 % % As discussed in Chapter 7, Section 7.1 of the % # % 7 KMC Sectoral Profile, the analysis of business- 75$ % & as-usual (BAU) traffic situation established the 75$ % 7 3% 4% & &$ expected traffic patterns if there are no specific 75$ % 4% % pro-active programs or interventions implement- % ed during the planning horizon. In most cases, it )? % 3 % P % - % % , % 5 corresponds to a ‘do-nothing’ scenario. )9 P % 7% # # % # % 4 % In terms of average daily traffic condition, the % 7 , 3% model results pointed out those existing road capacities for majority of the road section which )F 5% & 3 % ! % are still sufficient. However, several road sections 7 % &$% , % 75$ are already becoming saturated. These include ' ( , % % 2$% sections of Arniko Highway from Tinkune- % P%
$#' 4 <%' & > + be exceeded. As such, major transport interven- P2# $ 6 $ "3 tions will have to be introduced. During the % +@@? peak-hour condition, traffic volumes along the I 4I # C Inner Ring Road are still relatively better than in # + )+% ))% )?% )9% )F% )>% ):% other road sections. Severe congestion is expect- )D% ?* ed on the following road sections: # ?% 9 +% F% ++% +)% +:% +D% +@% )*% ?*% )+% ?+% ?)% ?? • Tripureshwar; @% +*% ! 3 • Thapathali; ++% +) #$ • Arniko Highway from Tinkune-Koteshwar; & )% : )% ?% 9% +>% )@ • Bag Bazar; C F% > +?% +9% +F • Kamal Pokhari; 1 D >% :% D% @% +*% ?9% ?F • Kanti Path; • Singha Durbar; Koteshwar, Kamal Pokhari and the Kanti Path. • Ramshah Path’ • Bhadrakali; During peak-hour conditions, traffic volumes • Naya Bazar; and along the Inner Ring Road are still manageable. • Kupandol However, serious traffic congestion is experi- enced along key road sections including the Redevelopment Analysis following: Table 5.7 presents the development scenarios • Tripureshwar; for KMC for the years 2015 and 2020. The area • Arniko Highway from Tinkune-Koteshwar; coverage of KMC corresponds to Zones 1 to 8 • Bag Bazar; of the traffic zoning system. The capacity value • Kamal Pokhari; of the respective zones refers to the number of • Kanti Path; persons that can be accommodated adequately • Singha Durbar; in available dwelling spaces based on a lot area • Bhadrakali; of 13.0 square meters per person. In a sense, • Naya Bazar; and this is the ‘carrying’ capacity of the zones. These • Kupandol values are calculated with the assumptions of a FAR equal to 2.0 and a Built-up Ratio equal to In 2020, it is expected that the daily capacity 50 percent. The need to transfer a fraction of of key road sections especially those that are the population from the core to other wards will located in close proximity to the urban core will certainly result to changes in traffic demands and
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! " #$% & $#= may result in new volumes and changes in lane and Kanti Path, as well as sections of the In- capacities. Two scenarios are proposed - the core ner Ring Road, Balaju and Swayambhunath residential population is transferred (a) to the areas. However, traffic condition is expected to Eastern area (Zone 8) or (b) to the Western side worsen along Bag Bazar, Dilli Bazar and Kamal in land pooled areas. Pokhari.
For the year 2015, it is expected that the capacity Scenario 2 would have moderate impacts com- for Zone 1 which is the Old Core Area will be pared with the BAU scenario. However, traffic exceeded by around 3,800 persons. Once the ca- is expected to worsen along major road sections pacity is exceeded, this will manifest in congested providing ingress/egress at the northern sections dwelling conditions. The other zones, on the of KMC. A notable increase in traffic demand other hand, will still have manageable dwelling will be expected along Naya Bazar, Ramshah conditions. However, the 2020 estimates provide Path, as well as northern sections of the Inner sobering results as Zones 1, 6 and 8 are expected Ring Road. Figure 5.5 indicates the V/C ratio to have exceeded their carrying capacities. The for 2015, where a V/C ratio of 0.9 means that Volume/Capacity (V/C) ratio at peak hours in the road has reached congested condition. 2015 and 2020 are shown in Figures 5.3 and 5.4, respectively. The red color indicates that the ratio While another scenario of transferring future is equal or greater than .9, which means that the residential population to the North is a possible road has reached congested condition. option, the two scenarios already reveal limited possibilities of transferring further until 2020 As a possible redevelopment strategy for 2015, in the East and West sectors, considering that some functions in Zone 1 can be transferred to the capacity of the residential land is already Zone 8 (available excess of 93,564) which is con- limited in accommodating future population. sidered as a development promotion area. This is In this assumption, a FAR of 2.0 was used. denoted as Scenario 1 (where possible apartment Any transfer of population only shifts traffic housing and commercial strips may be located). volumes within KMC; hence, while some roads Considering the carrying capacity of Zone 1, are relieved partly of congestion, other roads are about 5 percent of its estimated 2015 popula- taking up these increases. This similarly shifts tion needs to be relocated. In terms of traffic, the risks of the population caused by blockages, this may involve the transfer of about 10 percent damaged roads and its implications on emer- of the total trip production and attraction from gency operations need to be studied. Look- Zone 1. In 2015, the estimated trip production/ ing at it from a Valley-wide perspective, with attraction for car trips is around 62,000. On the decongestion achieved by shifting population other hand, the estimated trip production/attrac- outside KMC up until 2020 or so, changes in tion for Zone 8 under the BAU case is around through traffic conditions from outside the Val- 50,000. Thus, around 6,000 car trips will be ley need to be studied to determine exactly the added to Zone 8. strategic roads to be developed with the emerg- ing patterns of risks considered and managed. Another strategy might be to transfer some of the population base of Zone 1 to land pooled areas The analysis for 2020 should be subject to in Zone 6 which corresponds to Ward 15 in the further discussions with KMC and concerned northwest section of KMC. This is denoted as national government agencies as it is expected Scenario 2. that the carrying capacities of these zones will be reached. On the other hand, new expan- Table 5.8 and 5.9 present the changes in Vol- sion areas outside of Kathmandu City can be ume/Capacity (V/C) ratio for Scenario 1 and explored. However, this should be worked out Scenario 2 comparing it with the BAU scenario. in coordination with relevant agencies. Scenario 1 would be much effective in improv- ing road traffic conditions along Durbar Marg A risk-sensitive transportation planning
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$$: methodology can provide insights on the other plans comes mainly from the incorpo- the transport implications of possible ration of the risk assessment results from JICA’s redevelopment strategies for KMC. However, 2002 Kathmandu Valley Earthquake Study into there is also a need to conduct detailed land use the decision process of the land use planning and transport inventory for Kathmandu City activities and the eventual articulation of such and adjacent areas to ascertain the existing land results in the land use plan and maps. utilization rates in terms of FAR and Built-up The preferred plan serves as the basis for the Ratio. physical development and land use within Kathmandu City. By identifying areas prone A full-scale land use and transport planning to seismic hazards and their attendant risks, it project needs to be conducted to develop an is intended to guide the actions, programs and updated planning database for the entire Valley projects to consider the seismic hazards and their as the last comprehensive study was undertaken risks aimed at reducing vulnerabilities and ad- in 1993. It is also recommended that the trans- dressing risk through the following key land use portation model developed be further developed approaches: and institutionalized in Kathmandu City. As such, appropriate capacity-building activities • Reduction of intensity of use in the core ar- should be pursued. eas using building controls (FAR, open space requirements) and following the Kathmandu For this current RSLUP, the scenario of transfer- Valley Land Use Plan of 2007; ring residential populations from the core and • Improvements of emergency management some commercial functions to the Eastern sec- capabilities and reinforcement of critical tor is taken as a possible development scenario. facilities However, this scenario is limited in addressing • Selection of evacuation or development sites the housing and service functions for future for disaster management; and population of KMC. Hence, the recommended • Identification of potential sites for develop- results of Table 5.3 and the possibilities of devel- ment within and outside of Kathmandu oping Kathmandu City as part of a Valley-wide City. plan are likely directions within and beyond the • Restrict or discourage new structures in high ten-year frame of this plan. hazard prone areas; • Allow some improvements or activities in 5.2. A Risk-Sensitive Plan high-risk areas but disallow residency in the same; Sieve mapping, the process of overlaying several • Set in place mechanisms that would discour- thematic maps to determine the location of ar- age people to acquire or encroach hazard- eas suitable for urban expansion, was performed prone areas for redevelopment; with hazard and risk maps placed on top of each other. The thematic maps overlaid and com- 5.3. The Preferred Urban Form pared are the following: Given the economic and social importance of (a) Population density maps (2001) roads, bridges, water and other public utilities (b) Land use maps (2001) in achieving Kathmandu City’s vision, there is (c) KMC infrastructure maps (2001) an immediate need to protect new and existing (d) Hazard and risk maps (2002) infrastructure against seismic risk. The risk to (e) KVTDC land use zone maps (2007) damage is still present, mostly from old building stock. The immediate concerns center on reduc- This RSLUP uses the current land use map ing the risks to building damage and minimizing (2006) and the KVTDC land use plan (2007) further loss of life, especially in core areas and in as references. The difference of this plan with dense residential sub-zones. Future populations
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will benefit by being located in safe and planned in the Valley, possibly forming a multi-centered locations within and outside KMC. Figure 5.6 development, supported by a properly planned provides the different areas for disaster mitiga- transport system, which is similarly sensitive to tion as suggested in the 2002 JICA study. Figures disaster risks. This may hold the most prom- 5.7 and 5.8 refer, respectively, to the old city core ising prospect towards the realization of the and its vicinity, where many old buildings were KMC vision within the Valley. Within a plan- estimated to be damaged. Open spaces (E) and ning period of ten years, the chosen urban form green belts, or possible new towns (G), were pro- will serve as a guide for improving KMC’s in- posed at that time; however, some of these areas frastructure, as well as maintaining a reasonable are already occupied and may no longer accom- and achievable balance between the natural and modate such proposed uses. built-up areas, resulting in improved livability conditions for KMC. This mission of achiev- The strategy proposed at this time focuses on ing full potential use of the land, subject to the protecting assets and locating future structures limitations and constraints of geology, existing in safe and planned areas. At the same time, the land use and physical arrangements, and the strategy also considers future planned expansion corresponding costs and benefits tied up with
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! " #$% & $$@ renewal, is a worthwhile endeavor in view of the are considered incompatible with the neighbor- greater potential losses, monetary and otherwise, ing historical buildings. The paving materials from a very damaging earthquake. will similarly be selected for compatibility with respect to authenticity and structural quality. In a wider context, a similar dilemma may be faced by other urbanizing municipalities and The use and function of public spaces shall be VDCs, and a common study may be needed (e.g. continued, but based on the understanding and seismic vulnerability assessments, transportation) appreciation of the heritage values of the site. to integrate these concerns. With this in mind, This requirement is essential so that the site can the proposed strategies point to a possible phased be used sustainably, prolonging the value and approach of developing sites in KMC through economic life of the structures. The PWC has urban renewal within the next five to seven years suggested that the streets and square be restored and locating future populations for residential to allow for their exclusive use by pedestrians. purposes outside of the city towards the end of Mercantile operations shall also be regulated; this planning period. Suggested future expansion hence, private buildings shall be used only for areas outside of KMC are given in Figures 5.9, traditional and compatible activities. Historic 5.10 and 5.11. buildings which are no longer in use shall be conserved for adaptive re-use such as convert- 5.4. The Growth Areas and Corridors within ing them into museums. Kathmandu City Boundaries and buffer zones identified and ap- 5.4.1. The Core and Central Sector Growth proved by the World Heritage Committee shall Area be enforced. In the Hanuman Dhoka Dur- bar Square, the boundary encompasses main As the traditional city core, this functions as the monuments and their surrounding squares and nerve center of the social, economic and political open spaces, thereby preserving the identity of life of KMC. The heritage site in the core will the monument zone. The buffer zone includes be restored close to its original design and form a strip of urban fabric surrounding the monu- as envisioned in the Integrated Management ment zone, covering an area of 6.4 hectares. Framework (2007) for managing World Heritage Sites in Kathmandu Valley. With the cultural Today, the Central area is heavily built up and and heritage value of the monuments in mind, congested with mixed uses. Population densities the structural integrity of the monuments and re- in these wards range from 200 to 500 persons/ maining structures shall be reviewed for possible hectare. The circulation network that serves retrofitting against ground shaking and related the wards in this area is the Ring Road, which hazards. This may require specialized assessment will be improved with the widening of its con- and techniques for design and construction, nection with the Madan Bhandari Path. At since the restoration of structures will make use the southern portion of the Central area lies a of construction materials very closely linked to buffer strip of commercial development radiat- the structural system of the monuments (e.g. ing from Madan Bhandari Path. Medium to load-bearing brick or adobe masonry with high density commercial and institutional uses mortar comprising of earth, lime, brick dust and are concentrated along this road, while dense sand). The high degree of ornamentation con- mixed residential uses dominate the interior of sisting of wood, stucco and stone elements may the blocks. In time, urban development will necessitate additional considerations in their re- radiate outwards from the road. The indicative design. Recent buildings in the area may need to location of this commercial strip is shown in be rectified (Integrated Management Framework, Figures 5.12 and 5.13. Kathmandu Valley World Heritage Site, 2007) if the materials used, location, height and form This new growth corridor extends towards the Eastern sector that defines the Business Growth
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Corridor shown in red. The boundaries of this of each growth corridor and its immediate areas growth corridor lie within other residence zones. will be located in this corridor. Strong land use policies will have to be insti- tuted to maintain the buffer and to implement The dominant land use within the Central area densification of these areas to its carrying capac- will be high density residential areas with alloca- ity (i.e. FAR of 2-3). The eastern side of this tions for the tertiary sector such as wholesale growth corridor merges with the Outer Ring and retail trade, banking and finance, personal Road as shown in Figure 5.12. and community services, transportation and telecommunications, and tourism-related uses. The Central sector will maintain its function Educational institutions will be allowed to re- as the financial and business district of the city, main. A similar policy will be applied to existing while the traditional role for worship, pilgrim- hospitals in the area. age and other related mercantile functions will remain in the Core. The center of social and On the other hand, medium-density housing political life will continue in the Central area (e.g. row houses, townhouses) will be encour- but commercial functions will be slowly distrib- aged in wards outside the CBD (central business uted to the designated growth corridors in the district) area. The circulation network in these East sector. The public markets shall remain in wards will have to be improved and upgraded the periphery to avoid further congestion in the in order to introduce some order and rationality Central area. Future markets to serve the needs into the present road hierarchy.
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Future development within KMC will see greater • To create open space and encourage ef- use of such limited approaches in-filling of ficient use of land, the right to develop vacant lands and densification, creation of open from land owners must be transferred to spaces, road widening, and improvement of the government, with owners receiving just riversides. The building by-laws shall guide these compensation and/or becoming partners in developments. Other important points may be developing the site. considered: • Strategies may be devised to discourage • Different plots could be integrated as a single new building constructions, such as taxa- plot and the ownership provision would tion, close monitoring, etc. be the same as in the Apartment Act. The Apartment Act in Nepal concerns the owner- • As most of the open spaces in the category ship of different people over a single plot. “other residential area” are private lands and But there is no clear ruling about integrating continuously being occupied by buildings different plots into one under the ownership at the rate of 3,000 new houses per year, of the same group of people. There are some introduction of ‘development right trans- examples that a group would agree to build fer’ becomes important. By introducing a a building in a plot integrated from different development right transfer system, the FAR plots owned by different people; but due to of some vacant lands could be transferred lack of relevant laws, this kind of integration to already built-up areas. is very rare. So the introduction of relevant laws necessary for integration of highly frag- • Some criteria need to be defined before mented plots may need to be looked into. pursuing the development of business strips
$!! along the Ring Road and other roads, such competitive regionally, in the short to medium as having a minimum requirement of three term include the following: “ropani” plot (1,017 sqm), 6m wide access road, and underground parking. • Improve the flow of vehicular traffic and enhance pedestrian safety and convenience • Wards in outer areas (other residential area) by a combination of measures such as: should be further divided into small zones so that the availability of critical facilities » Conducting a Valley-wide study of the such as school and hospitals, recreational transport demand and supply, with a facilities, and open space could be further view of the development needs, poten- analyzed. Based on this, the building of tials and constraints (i.e. natural hazard the minimum number of required facilities risks); should be encouraged. » Providing off-street parking or vertical parking and strictly prohibiting curbside • In order to increase the city’s inventory of parking along major roads. A vacant lot parks and open spaces within the Central within the area can be converted into a sector, a number of government-owned public pay parking area; lands may need to be converted into linear » Prohibiting tricycles from operating city parks. along main arteries as they slow down traffic flow; • Government-owned lands that could be » Defining the function of existing streets immediately developed into a city park in and providing the necessary directional the short to medium term are portions of signs; the Baghmati River, which could enhance » Recovering the sidewalks for the pedes- the image and livability of the Central area trians by clearing away illegal encroach- growth corridors. ments, covering open side drainage ca- nals, and requiring owners of permanent • In line with the city’s desire to specialize in structures that had encroached on the information and telecommunications tech- road lots to provide arcaded walks; nology, a Science and Technology Park may » Constructing pedestrian overpasses at be integrated into the master plan of the very busy intersections and properly Central area. The availability of information designed crosswalks at strategic locations, technology (IT) schools, IT-related busi- as well as facilities for the handicapped nesses and Internet service providers makes and elderly such as access ramps in all the city a competitive site for the establish- public and private institutions and com- ment of projects focused on IT services. mercial establishments; and Such activities may include the following: » Limiting the use of a number of city streets within the CBD strictly to pedes- » Software development and application trians. for business, e-commerce, education and » Developing emergency access roads entertainment; with designated and restricted access to » Knowledge-based IT services, i.e. data vehicles and priority for emergency encoding and conversion; » Backroom activities; and • Enforcing an anti-littering ordinance and » IT-related service activities, i.e. internet encouraging every resident to maintain service providers. cleanliness in their premises; • Improving the overall image of the city by Other measures to strengthen the role of the acquiring land to be developed into pocket Central sector as the financial and business and linear parks; district of KMC, as well as to make KMC more • Enhancing historical landmarks (heritage
! " #$% & $!8 sites) and developing potential tourism sites term. If designated as an expansion area with a through public-private partnerships; and proposed buffer strip of 100m through possible • Improving water and sanitation facilities by land pooling, it has the capacity to absorb a sig- providing any needed expansion as well as nificant portion of urban expansion away from protecting them from natural hazard risks. the Core and Central areas. Further south, the Bagmati River development will provide 5.4.2. East Sector Growth Corridors another visual corridor to this strip.
Development of the eastern and southeastern The East sector, in general, will be promoted sections of the city is influenced by airport loca- as a tourism and residential area, incorporating tion. Providing vital link from this airport to into its master plan two major developments inner areas is the same Madan Bhandari Path. -- one for road commercial strips and another This highway which links the eastern, southern for apartment housing. These two features will and southwestern wards has contributed to the serve as the focal points of this growth corridor. rapid transformation of this section of the city, Vegetable markets here will be expanded and albeit into an unplanned and unregulated type of modernized in order to cater to the growing strip development along the said highway. (See population. Figure 5.14) In line with the city’s aim to further strengthen Because of its close proximity to the Central and its role as the premiere center of education and Core areas, and the availability of undeveloped health services, the possible use of vacant lands land, the East sector growth corridor is a prior- still available in the fringes of the East area ity area to be developed in the short to medium (near land pooled areas) will allow for provid-
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$!: ing a park-like setting that is conducive to learn- 5.4.3. North Sector Residential Growth Area ing and healing. This area, dominated by the “other residential Between these areas will be mixed uses compat- area” category and institutional uses, shall be ible with dominant use including retail shops, maintained as a tourist destination area. The dormitories, restaurants, private clinics, miscel- highways oriented toward the north can serve as laneous services, and the like. A network of visual corridors leading to the forest areas of the parks and open spaces, tree-lined roads, and North Mountains, therefore the construction of pedestrian pathways will serve as the unifying high-rise structures in this area shall be regulat- elements that will link all these features into a ed. The presence of schools and hospitals lining cohesive whole. this road has resulted in traffic jams especially during peak hours; hence, road widening or traf- The construction of roads and other support fic management may be pursued. infrastructure is crucial to the realization of the long-term spatial development proposed for This growth corridor (25m commercial strip) the growth center. Therefore, necessary surveys along the Ring Road is characterized by a strip and studies shall be conducted to firm up the development on both sides of the road (Figure proposed plan. Opportunities for public-private 5.15). Priority measures to improve the form partnerships in the implementation of the plan and function of this corridor include the follow- will be explored. ing:
Two new growth corridors outside the core were • Demolition of all structures encroaching identified namely a) Apartment Housing Strip into the road right-of-way; and Group Housing within the Eastern Sec- • Creation of open spaces such as pocket tor Growth Corridor intersecting the Devkota parks to break the monotony of continuous Sadak, and b) the 25m to 100 m highway cor- buildings along this road and to improve its ridor along the Ring Road. image; • Widening of the road, to include loading Each growth corridor is envisaged to play a spe- and unloading bays at strategic locations cialized function based on its existing, emerging along the strip; and potential contribution to the realization of • Introduction of traffic management schemes the long-term vision of the city. This ensures to reduce congestion; and complementation and sustainability among the • Rationalization of the circulation network in different centers while giving each center its the interior lots beyond the growth corridor unique identity. Each growth corridor is also en- to eliminate dead-end effects and improve visioned to be a mixed-use development, hence, traffic flow. residential, commercial, and institutional land uses will be integrated in support of the distinct 5.4.4. West Sector Growth Corridor role each center has to play. The proposed RSLUP identifies Urban Rede- Each growth corridor is likewise envisioned to velopment Zones (along the Outer Ring Road) serve its own area of influence. The influence within the commercial buffer strips aimed to area of each center is expected to be modified promoting further development of the city. The from that of the present to one with a better cir- development of the Bagmati and Bishnumati culation network consisting of fully developed Rivers will be pursued in this sector. The West arterial, collector and distributor roads. sector will remain largely a residential area com- prised of “other residential area” categories and land pooled areas (Figure 5.16).
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5.5. Built-up Areas outside the Growth Cen- 5.6. Protected Areas ters/Corridors In order to ensure sustainable development The preceding section describes the proposed for KMC, the proposed RSLUP also strongly development for the various growth centers and promotes the conservation and maintenance corridors. This section describes the built-up of identified protected areas and life-support areas that are not located within the designated systems. The following areas will be the subject growth centers and corridors. of protection and conservation policies:
The overall strategy for these areas is to maintain 5.6.1. Heritage Areas them as low density and low impact develop- ments while improving the support infrastruc- Kathmandu City will likely absorb the increas- ture and protecting environmentally-sensitive ing number of visitors and migrants from the sites from encroachment. Zoning measures will Valley. Heritage sites must be protected and be strictly enforced to regulate ribbon develop- the city’s image as a “Living Cultural Heri- ments and to direct development away from tage” must be maintained. This translates to environmentally-sensitive locations such as the following: a) conservation of the heritage danger zones (e.g. potential liquefaction areas, buildings and monuments, street routes and flood-prone areas), river easements, urban forests squares, and riverside heritage; b) preserva- and the like. tion of cultural activities such as festivals and rituals; c) prevention of further loss of heritage
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5.6.2. City Square (Durbar Square/Temple) 5.6.4. River Easements
Owing to its historical significance, the square As required by law, the 25-meter easements located right at the core of KMC has functioned along the city’s seven main rivers and tributar- over the centuries as the nerve center of the ies will be recovered and strictly enforced. A social, economic and political life of the city, program to develop linear parks along river influencing the city’s evolution into what it is easements will help protect them from illegal today. structures. Illegal settlements lining the rivers will be resettled to safer grounds. More informa- 5.6.3. Other Parks tion can be obtained from the River Develop- ment Plan of 2007 particularly for the Bagmati Parks and open spaces will serve as additions river segment crossing Kathmandu City. to the physical infrastructure in the form of recreational grounds, as well as sites for reloca-
! " #$% & $!= 5.6.5. Environmentally-Critical Areas transport and urban utilities. Social infrastruc- ture sustains settlements by providing facilities As discussed in Chapter 3, the vulnerability of for education, health, sports and recreation, most of KMC to liquefaction and ground shak- and the like. Markets, slaughterhouses, and ing, as well as to floods and storm surges, makes warehouses are examples of economic infra- it an environmentally-critical area. More pro- structure. Administrative support infrastructure active approaches in dealing with such inherent refers to facilities provided by government constraints must be pursued including requiring to facilitate provision of services. Examples geo-technical studies for building construction, include the city hall, peace and order facili- recovering natural waterways, de-silting and ties, fire protection facilities, ecological waste dredging waterways, conducting information dis- management facilities, among others. Transport semination campaigns, and carrying out disaster infrastructure provides the vital link to differ- preparedness initiatives, among others. ent activity areas, while urban utilities serve the need for water supply and distribution, power 5.6.6. Emergency Routes in Core Areas supply and distribution, drainage and sewerage, and telecommunications. (Serote, 2004) In case of a major earthquake disaster, among the expected main problems are related to the block- The strategy encompassing the infrastructure age of road from debris of damaged buildings support systems should be consistent with the affecting search and rescue, lack of open spaces preferred urban form. Therefore, each growth for shelter, and insufficient facilities for drinking center and corridor will be provided with water, treating injured people, and cremating ca- adequate and appropriate infrastructure to sup- sualties. The strategies identified in this RSLUP port its functions. In view of the seismic risks, are intended to minimize such problems. strategies for safer and more resilient buildings and infrastructures shall be pursued. Among Figures from 5.17 to 5.19 provide a picture of them are the following: possible evacuation routes in the Core and near- by areas, as suggested in the 2002 JICA study. • Reduce building and infrastructure vulner- The arrows indicate safe routes and open spaces. ability to earthquakes by pursuing appro- Many of these open areas are parks, playgrounds, priate modifications and reinforcement public squares and large privately owned lands. on highly vulnerable buildings; ensuring Access to these areas within 100meter to 500 earthquake loads are included in the design meter stretches may still be possible, but a new of new buildings and other structures; inventory should be made considering that built- regulating structural modifications done to up areas continue to proliferate over the years, buildings (permitting), and enforcing strict and that taller buildings along narrow streets building occupancy. pose dangers from sudden collapse. • Protect critical facilities, such as hospitals, 5.7. Infrastructure Support Systems police stations and emergency shelters (e.g., pursue vulnerability assessment and appro- Infrastructure systems play the same role as pro- priate mitigation), Vulnerability assessment tected areas in that both serve as “support” for should consider the structural, non-struc- settlements and production areas, ensuring their tural and functional aspects livability, efficiency and sustainability. While protected areas are best left in a relatively natural • Reduce or possibly eliminate damage to state, infrastructure support systems necessar- infrastructure (i.e. lifelines) mainly water, ily form part of the built environment. These wastewater and sanitation, drainage, trans- support systems are categorized into five groups, portation system (including airport and namely, social, economic, administrative support, main bridges), power, communication, fuel supply and food supply systems
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• Reduce possible disruption of critical ser- Figure 5.20. The evaluation of spatial strategies vices. is anchored on important requirements for the • Reduce high potential for fire and potential built and natural environment aimed at ensur- for hazardous material release that could fol- ing that KMC citizens: low an earthquake due to mix uses of resi- dential, commercial and industrial functions, • Enjoy clean air, safe water, and a built through better enforcement of fire safety environment that is relatively free and safe and hazardous material regulation, as well as from risks emanating from natural and basic safety requirements; man-made hazards; • Strengthen supporting structures related • Benefit from easy access to urban facilities to staging relief operations, for organizing and services; emergency response functions, for providing • Preserve the heritage areas; emergency shelter, and temporary housing • Engage in livelihood activities and earn due to the lack of open space in the city. adequate income to support a decent and • Prepare post-event recovery and reconstruc- dignified lifestyle; and tion plans for the Valley; • Afforded the opportunity to develop and realize their full human potentials. 5.8. Evaluating the Preferred Urban Form A short comparison between the current land This next step in the process entails an inspection use trends and the preferred land use is pre- of the potential areas suitable for urban develop- sented below. ment as identified in the land use map shown in
$8# 5.8.1. Trend Extension disasters. • Depending on the intensity and source of A. General Description the earthquake, circulation and access may be difficult when linear roads are damaged. Trend extension shows the future urban de- The strategic road network discussed in the velopment as a continuation of the pattern of Sectoral Profile reveals areas that are poten- growth the city has followed over the years. It tially at risk. is the result of individuals building anywhere • Some areas eyed for expansion are develop- according to their own preferences and conve- ing sprawl, except in land pooled areas near nience with minimal government intervention. the fringes. Some people build on environmentally critical • Seismic retrofitting of structures and re-en- areas thus contributing to the degradation of gineering approaches are most likely needed. the natural environment and exposing them to Given the current estimates of the damage environmental hazards. and losses to buildings and infrastructure from a mid-Nepal earthquake, retrofitting B. What are the existing problematic situations will be costly. in this existing urban form in KMC? 3) Preservation of protected croplands 1) Difficult to expand new roads and other infrastructure Encroachment on environmentally critical areas continues to threaten the natural environment, To relieve traffic congestion, low-cost non-struc- especially in the fringes, riversides and urban tural measures like improved traffic manage- forests. Thus, strong land use policies and IEC ment are applied. campaigns will be required.
Increased road capacity, road widening, multi- Existing agricultural areas will be easier to con- level highways would entail higher capital costs vert for urban expansion, thus requiring strong due to possible clearance. government and community interventions.
Vertical parking may be eyed in existing ar- 4) On government enforcement of regulations eas; horizontal parking in new areas. However fragmented lands are need to be pooled. Public Existing laws (e.g., water, air, environment, sani- transport terminals are most likely located in tation, and building codes) and local ordinances urban expansion areas. are difficult to enforce in already built up-areas. In new developments (i.e. new construction, re- 2) Community adjustments to disaster risks is habilitation, repairs), it is easier to enforce build- low ing bylaws and other codal provisions. However, such sites for new development may no longer As most of the city functions are found in the be found within Kathmandu City. Core and Central areas, exposure to earthquake risks remains high in those areas. 5) People’s compliance with regulations desired • New developments occur in the North, West and East areas where exposure to liq- Compliance with regulations is already difficult, uefaction is small. especially in the Core and Central areas. • Compliance with seismic code provisions is If better informed, future developers are ex- better in the new areas; disaster prepared- pected to comply with regulations more easily in ness measures are necessary in old built-up new expansion areas. areas. • Open spaces are planned to be used as 6) No more open space in Kathmandu City for evacuation sites during earthquake-induced new developments
! " #$% & $8$ KMC has to review the expansion of urban 5) Overall attractiveness of the city areas outside of Kathmandu City and such new sites in the Valley must similarly be subject to Without effective building density and design risk assessments. A properly designed transport restrictions/controls, coupled with a mix of system that will promote efficiency by providing non-compatible uses, the attractiveness of the appropriate capacities and efficiencies among old city will be low, negatively impacting the image and new centers for development should link of heritage areas. KMC, the municipalities and VDCs. 6) Potential for increased KMC revenue C. Implications when this urban form is real- ized New developments will continue to generate moderate incomes/revenues for the city. The 1) Access of people to city-wide services rehabilitation of existing infrastructure will reduce said incomes. Access to goods and services will be difficult for areas far from the city center and in unplanned 7) Prospects for more jobs and higher income interior areas, while the Core will continue to provide the widest range of goods. Other growth New jobs and higher incomes may result from areas may assume a similar central function new businesses operating in urban expansion towards the later development stage depending areas because these areas may be better planned. on the type and magnitude of investment located in these areas. 8) Kathmandu City’s leading role in Tourism, Education and Health Services maintained 2) Amount of air and water pollution produced City functions in the Core and Central areas Trend extension will continue to aggravate may be affected by man-made and natural haz- air and water pollution. Traffic management ards. More investments for improving educa- schemes will help reduce air pollution. In the tion and health services may be needed in the absence of an improved wastewater treatment face of limited space for expansion. facility and utilizing the present form of treatment and disposal, river water pollution will 5.8.2. Preferred Land Use Plan worsen. A. General Description 3) Sustainable use of natural resources The preferred land use plan will re-direct Areas already encroached upon may be difficult development away from the city center toward to rehabilitate. identified urban growth areas. It is character- ized by clusters of development, with each 4) Traffic problems cluster having its own service function
Circulation within the city and movement in Under this alternative, four additional mixed- and out of Kathmandu City are rendered increas- use growth areas will be developed outside the ingly difficult as traffic builds up along already core area, namely: (1) Central Growth Cor- congested routes. Traffic management schemes ridor, specializing in business, high density alone without structural measures and strict land residences and institutional services; (2) East use regulation may not be sufficient to deal with Sector Growth Corridor, which is an extension traffic problems. of the present business strip; this commercial area is nearest the airport and specializes in commercial and institutional developments,
$8! + <%!#
! " #$% & $88 and is surrounded by medium to low density integration among city inhabitants will be residences directed outwards; (3) Ring Road needed. Commercial Strips and the adjoining buffered rivers surrounded by medium to low density resi- 5) People’s compliance with regulations desired dences; and (4) Apartment Housing Corridor, which is a residential strip. The preferred form Political will and support by the Ministries will improve the riverside and possibly look into and local chief executives to implement the a more comprehensive transport system allowing proposed changes must be strong. Full people’s better linkages with surrounding municipalities compliance with regulations is necessary if and VDCs within the Valley. densification, relocation, or land pooling is pursued. B. What it takes to realize this urban form C. Implications when this urban form is real- 1) Cost of new roads and other infrastructure ized
Ways to overcome the high cost of public invest- 1) Access of people to city-wide services ment on roads, especially those identified as strategic, and other infrastructures (e.g. bridges, There will be greater access of people to city- drainage systems) must be developed, as there wide services due to decentralized front-line is a need to link the identified growth centers offices of city hall, public markets, shopping within and outside of Kathmandu City. centers, tertiary schools and hospitals
2) Community adjustment to risks 2) Air and water pollution
Future inhabitants are relatively safe from natural The areas of concentration of air and water and man-made disasters as a result of the transfer pollution will be easily identified and therefore of service functions, and the reduction in high mitigation measures can focus on these areas. intensity densities from the core towards the peripheral areas, which are assumed to be safer. 3) Sustainable use of natural resources In the selection of areas for redevelopment, en- ticements or incentives must be made to achieve More open space and forest habitats can be reduction of densities, such as the provision of recovered and rehabilitated. affordable housing, land pooling, and modifi- cation of rental cost structures, among others. 4) Traffic problems Further risk assessment studies must be pursued to reduce vulnerabilities and disaster risks in the New urban nodes will intercept inbound traf- Valley. fic from the north, southeast and southwest, relieving traffic in the city center. The city core 3) Preservation of protected areas will serve more for tourism, worship, and small scale commerce. Heritage sites (e.g. temples, squares, monu- ments), tourism areas, rivers and urban forests, 5) Overall attractiveness of the city and remaining productive agricultural lands are taken as sensitive areas and will be preserved. Large open spaces and visual breaks along cer- tain road sections, riverside development will 4) Strict enforcement of regulation contribute to the overall attractiveness of the city. City-wide programs and activities (e.g. IEC) to foster acceptance of plans, social cohesion and
$8: 6) Potential for increased Kathmandu City revenue
Decentralized city services will help intensify local revenue collection. The diversion of some city functions will help make the city more at- tractive to business, as services will be situated nearer the periphery, reducing travel time and costs.
7) Prospects for more jobs and higher income
More jobs will be generated, resulting in higher household income due to increased investments in new urban nodes.
8) Risk reduced
Proper planning will lead to the reduction of risks, as programming, approval and budgeting of the same will be ensured. New developments will be safer, compared to those without inter- ventions.
9) Kathmandu City’s leading role maintained
Heritage sites will be preserved. The new growth centers with specialized functions and more expansion areas for universities, hospitals, shop- ping centers, non-pollutive industrial estate, and residential subdivisions will contribute to maintaining Kathmandu City’s leading role in the Valley.
! " #$% & $8< $8' '%
This chapter pulls together the outputs of all opportunities. Much of the material is drawn preceding steps in the planning process, the data from the KVTDC Building Bylaws of 2007. gathered and analyzed, the issues debated and addressed in the workshops, the impressions of The desired intervention for each policy area was participants as against their realization of the further classified into two categories: programs, actual conditions of the city, using the cho- projects, and activities (PPAs) and policy/legisla- sen spatial strategy as the organizing concept, tion (see tables at the end of this chapter). The and translates these lessons and insights into a policy/legislation category indicates possible gov- composite picture called the draft Risk-Sensitive ernmental measures, in addition to the zoning Land Use Plan or RSLUP. ordinance, that need to be enacted to support the implementation of the RSLUP. The identi- As introduced in Chapter 1, the RSLUP shall fied PPAs, on the other hand, serve as source serve as the long-term guide for shaping the fu- materials for KMC to use in preparing its annual ture physical growth of the city. It is the policy public investment program. framework to be used by KMC in exercising its authority to prescribe reasonable limits and 6.1. Proposed Land Use Distribution in restraints on the use of property within its ter- KMC ritorial jurisdiction, as allowed by the LSGA of 1999. Moreover, as one of its major uses, the The proposed RSLUP classifies land in the RSLUP shall be the basis for the enactment of following manner: protected land uses, produc- a revised zoning ordinance for the regulation of tion land uses, settlements, and infrastructure. subdivision developments. Where the land use plan is realized as envi- sioned, the resulting mix of the four general The RSLUP consists of four components cor- land use types and their respective sub-types responding to the major land use policy areas of are described below. Guidance into this clas- settlements, production, protection, and infra- sification and descriptions may be referred from structure. These four policy areas put together Dagupan City Land Use Plan of 2001 or from shall cover KMC’s entire territorial jurisdiction. Serote, 2004. The RSLUP is also aligned with the higher-level physical framework plans such as those crafted 6.1.1. Protected Areas by the KTDVC and MoPPW. Protected areas consist of resources and areas in A discussion of the policy areas in terms of the city that (1) enhance the proper functioning policy/legislation is presented in this chapter, of its natural environment, (2) protect human with the indicative location of each policy area settlements from any form of natural hazards, identified down to the ward level. Due to time (3) promote biodiversity, natural beauty and constraints, and limited resources to conduct physical endowments of the area, (4) promote detailed surveys, an indicative zoning ordinance sustainable ecotourism development, and (5) has been made until a more detailed delineation create an aesthetically-pleasing environment in of each policy area can be completed in future the city.
! " #$% & $8= the following infrastructure types: economic, In terms of the KVTDC groupings, the city’s social, administrative, utilities and transport. protected land uses include the Old City zone Facilities that comprise this category include (Cultural Heritage Conservation Zone, Preserved roads, institutional facilities, cemeteries, road- Monument Subzone, Preserved Cultural Heri- side developments, terminals, and the ecologi- tage Subzone, Mixed Old Residential Subzone, cal waste management center. This land use Protected zone/Recreational zone ( e.g. park, for- category occupies the Institutional Zone, City est, greenery, open space, historical, cultural and Expansion Zone, Transport Zone and Airport religious areas, etc.). Zone. It is confronted with the following major issues: In this land use planning exercise, the process (a) disaster risk reduction and (b) use of resourc- for defining the land use policy areas began es and its impact on protection areas with a description and understanding of the development directions and the resulting urban 6.1.2. Production Areas fabric of the city. As a series of steps, they are outlined as follows: Production areas are those related to industries, commerce, tourism and recreation, food produc- Step 1. Define, describe terminologies, ap- tion or the extraction of natural resources for proaches for land use and urban planning their economic value. specific to KMC.
In the context of Kathmandu City, land uses Step 2. Identify, describe, analyze and inter- that comprise the production areas consist of the pret the development situation (population/ Industrial Zone, Sports Zone and Commercial settlements, economy, resources/environment Sub-zone. and incomes/services, transport) and relate to the current spatial form (e.g., arrangements, 6.1.3. Settlement Areas urban fabric) and to trends in land use.
The city’s settlement areas encompass primarily Step 3. Interpret implications of risk (e.g. the residential portion of the built-up environ- earthquake) to population or settlement, to ment. These include all private subdivisions, service functions, to building stock, revenues self-built housing sites, public housing areas, and and the desired development strategies. transient housing facilities. This land use catego- ry occupies the Residential Zone, Dense Mixed Step 4. List/organize the priority development Residential Sub-zone, Other Residential Sub- issues (with risk management as a develop- zones, and the Planned Residential Sub-zone. ment concern) in the different sectors to be It is mainly concerned with the following: (a) addressed within 10 years. Integration of activities within and among settle- ments and the efficient production and move- Step 5. Identify and describe the appropri- ment of people and commodities, and (b) Access ate risk reduction policies (initial list against of population to housing, education, health care, earthquake) which support development goals recreation, transportation and communication, and objectives (based on the desired vision). sanitation and basic utilities such as water, power, Step 6. Identify and describe the initial land waste disposal and other services. use policy framework.
6.1.4. Infrastructure Areas The total area for the proposed land use based on GIS estimates is shown in Table 6.1 Under this functional category are all areas of the city that are devoted to major infrastructure and utility systems. Under this broad category are
$8" 4 '%$ 2 & 6.2. Land Use Policy Framework > &1 # E 6.2.1. Policies on Protected Areas - +** # 3 + 9*D :> I In this RSLUP, open space is recognized as a - E $ 7 I + :> )@ vital component of an orderly urban environ- 7 I )F + ?9? D> ment that serves many irreplaceable functions. 7.. In establishing and expanding the city’s network 75 2 ?* ?9 *+ of open spaces, KMC will have to adopt the fol- 75 ? + >@ lowing measures: 7 +* > D> # '! ( )*? >? @9 • Conduct comprehensive inventory of exist- # ' ( +@: +@+ 9? ing and potential open spaces covering both '! ( +*: +> D9 public and private lands; 8 F)? ?)9 @> • Develop planning parameters with emphasis ,. # @ +: )F on linkage and continuity; , 3 D* : +) , 2 FD+ ?99 9: • Consolidate past policies, plans and pro- E : + :) grams that are still relevant to the formu- +F? ?+ >F lation and adoption of a city open space '! ( )DD ?9 :) development program; & 5 ) ?D *) & # > 9 @D • Improve public support for open space &$ 7< '! ( )+: ?@ @> preservation; / '$ ( 9 )* +? / )F +D 9+ • Review the building code to find ways of providing and maintaining the open space / ??) +9 9F system; # @9 :@ ?9 >: > )? • Integrate open spaces into the city’s pro- 3 ' ( + : ?* posed road system (e.g. linear parks); '8 ( D*+@ )D?+ )+ 3 +@F @F )F • Adopt a policy of cooperation and collabo- & + ):> +9 ration with concerned land owners to moni- 4 2 :F ):: *> tor and guide future action or decision to C E '7( + * D? protect, conserve or develop these resources; C E ' $ 3( F* )@ 9+ # 3 I ')F + ?)* 9: • Acquire open spaces for public recreational 3.. ( purposes; and # 3 I '+** + :> )@ 3.. ( • Refocus preservation on the following open spaces: natural drainage corridors and wa- // 1 #/1#2! terways, existing parks and playgrounds. "7XI/&1 7 '+** 7.. ( + +FF )9 Kathmandu City recognizes the importance E + >) *9 of open space both as an essential and life- 7 sustaining resource and land use that enhances and improves the overall quality of the urban
! " #$% & $8@ environment. Through this RSLUP, it recognizes To provide a basis for appropriate policy inter- that urban and open space development must vention, Local Area Plans or Master Plans (such be interwoven through the formulation and as for heritage sites) shall be prepared to guide adoption of an appropriate policy on open space human activities within each sub-zone cover- recovery and improvement. ing the entire area and, to a reasonable extent, its adjacent areas. Through a participatory and In KMC, protected areas are those areas requir- consultative process, the formulation of the Lo- ing local legislation and/or community action cal Area Plan will include the following activi- as well as those covered by specific laws and ties: administrative issuances. They include identified environmentally constrained areas that are prone • Detailed technical survey, mapping and to ground shaking, liquefaction, and floods. monumenting; Other areas shall also include all road easements, • Inventory of existing uses; historical buildings, monuments and heritage • Development planning; and sites. • Plan implementation, to include enforce- ment, social preparation, monitoring and To preserve its functional character as a recre- evaluation. ational public open space, policy intervention will include restrictions on the following activi- The plan will be implemented in consonance ties: with this RSLUP.
• Dumping of any form of waste products, Easements of Public Use leaving in refuse in exposed or unsanitary conditions, or depositing them in the ground The banks of rivers and streams throughout or in bodies of water; their entire length and within a zone of 25 • Mutilating, defacing or destroying objects meters in urban areas, agricultural areas, and in of natural beauty, or objects of interest that forest areas along their margins, are subject to enhance the area’s scenic value; the easement of public use. No person shall be • Damaging and leaving roads, trails and foot- allowed to stay in this zone longer than what is paths in a damaged condition; necessary or to build structures of any kind. • Squatting, or otherwise occupying any land; and To prevent destructive developments along the • Constructing or maintaining any kind of river system, all legal easements will form part structure, fence or enclosures, establishing of the city’s open spaces that will have equal any business enterprise without a permit. status with other land uses. The above provision of the law is hereby adopted in this RSLUP and To effectively regulate all land using activities all non-conforming uses shall be subject to the within the protection area, it will be grouped mitigating measures to be provided in the zon- further into management zones based on physi- ing ordinance. cal or environmental considerations, among oth- ers. A strict protection zone shall be established In line with the city’s thrust to recover and (e.g. being off-limits to all forms of building rehabilitate its legal easements, policy and legis- development and certain human activities). In lative intervention will focus on the following: areas where permanent buildings already exist, any expansion will be regulated by enforcement • Enforcement of the Nepal Water Code to of performance standards on building height and recover legal easements; bulk, density, open space ratio, traffic impact, • Reclamation of riverbanks that have been among others, to be established by local legisla- destroyed or built upon; tion. • Prohibition on the construction of perma- nent structures along the riverbank;
$:# • Redevelopment of portions of the bank into National Road Easements public open spaces such as linear parks; • Protection of the riverbank through tree National roads customarily function as arterial planting and riverside vegetative protection; roads. However, this function is often jeopar- • Ensuring construction along riverside roads dized by the popular practice of building too should be at the side, away from the river close to the road, even to the extent of encroach- and not on the river; and ing on the road right-of-way (ROW). • Preservation of visual corridors in line with the city’s open space program. To allow national roads to continue to function effectively, a 14-25 meter regulatory setback as Environmentally-Constrained Areas specified in the Building By-laws from the edge of the ROW shall be enforced. This will prevent These are areas prone to natural hazards either encroachments along both sides of the road and hydrologic or geologic in nature. Although contribute to the preservation of the city’s open settlement development has occurred and space. continues to occur in these locations, this can be prevented in the future through the adoption Heritage and Historic Preservation and implementation of a city open space devel- opment program, as well as improved building Kathmandu City has many historic buildings bylaws that will restrict certain developments or and structures that reflect the heritage of the human activities in areas that pose environmen- people. To preserve the history of the city as re- tal hazards or risks to human settlements. flected through its old buildings and structures, guidelines for the preservation and rehabilitation In the city, areas exposed to seismic hazards will of heritage sites and historical buildings shall be surveyed and delineated on the ground. As be formulated. Such guidelines will be focused much as possible, these areas will be zoned if on such aspects as adaptive re-use methods and built upon and restricted to approved density design controls. KMC can tap the expertise developments by KMC and other approving of the Commission on World Heritage and agencies (e.g. KTDVC, MoPPW). Historic Preservation for the formulation of ap- propriate heritage conservation guidelines. A list A measure to minimize destruction and loss of of heritage sites is provided in the Annex of the lives resulting from ground shaking is for KMC Sectoral Profile. to come up with a local building code. This code will be based on a review of the Nepal 6.2.2. Policies on Production Areas Building Code and on consideration of the unique geo-physical characteristics of KMC. In Proper management practices must accompany the future, building developers shall be required the utilization of production areas at all times so to undertake a geo-technical study as a prerequi- that their resources may continue to provide so- site to securing a building permit. cially desired outcomes without getting degraded or depleted. The production areas in the city In flood-prone areas, all constructions along the include the commercial area or CBD, agricul- river or river easement will be considered as ille- tural croplands, tourism and recreational areas, gal and therefore subject to demolition proceed- and industrial area. ings. Also, the dumping of solid waste into the city’s rivers will not be tolerated. Local legisla- Commercial Areas/Strips tion will focus on establishing stiffer sanctions and penalties to discourage these activities. The commercial sub-zones identified in the Building Bylaws of 2007 under the mixed zone will have the following development controls
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as shown in Table 6.2. Commercial Sub-zones premises; are plots adjacent to major roads, highways (e.g. • Creation of a more favorable investment Ring Road) or roads having width 14m or higher climate for development ; and up to the depth of 25m from road edge. Certain • Substantial increases to the tax base of roads have been defined as Commercial Zones the city through the appreciation of the which are shown in the KVTDC Land use map. assessed value of properties as a result of urban renewal. Central Sector Growth Area and Corridor Public intervention to modify or influence ap- propriate land uses within the CBD may also This area encompasses the traditional CBD include a range of policy or legislative activities of the Central area and encompasses the city’s on the following: financial and business district. Land uses within the CBD will be comprised of dense residential • Land pooling to correct inappropriate mixed uses such as retail trade, banking and developments; finance, personal and community services, trans- • Integration of open spaces into the design portation and telecommunication, and tourism- of the built-form to enhance urban aesthet- related uses. ics and thus maintain property values; • Investment in economic development The policy agenda for this area will focus on its activities to create new or maintain existing urban renewal, not only to revitalize the local employment opportunities; economy but also to improve the quality of life • Circulation system to serve different seg- within the urban fabric. The following policy ments of the population; objectives are proposed to strengthen the Central • Improvement in the quality of city services; sector through inner city regeneration: • Historical preservation designed to restore, or make useful, facilities of aesthetic or • Removal of blight in or near the CBD which historical merit; and depresses property values; • Design or development guidelines on • Identification and acquisition of sites on outdoor signages; street furniture; traf- which new developments such as office fic management schemes; building height buildings and other public structures could limit based on geotechnical studies; thresh- be undertaken; old capacity of utilities, traffic generation • Stronger participation of private developers potential, among others. or property owners within or near the CBD to invest in the redevelopment of rundown
$:! Other Growth Centers and Corridors • Stricter implementation of building codes/ by laws; For the other growth centers and corridors, • Awareness campaigns for owners (old and specific policy interventions have already been new) and builders on hazards and risks; emphasized in the previous chapter. • Consideration of routes for evacuation; and • New locations for residential living outside Industrial Area of KMC. Public action will focus primarily on the formu- lation of environmental and sanitation policies Relevant development controls obtained from and enabling ordinances. the Building By-laws (translated portions) ap- plicable to residential areas are as follows: Tourism and Outdoor Recreation Areas Policy action towards developing the city’s Dense Mixed Residential Sub-zone tourism and recreational potential involves the formulation of a city-wide tourism plan that This is an area where settlement expanded be- will lay down the necessary guidelines for the yond the core city zone. It lies in the middle of use and development of certain areas for tour- Kathmandu City. Its eastern boundary is Dhobi ism and recreational purposes. In line with the Khola River, the western boundary is Bishnuma- development of a Tourism Promotion Program, ti River and the southern boundary is Bagmati such guidelines will be used especially to influ- River. The development control for dense mixed ence tourism-related developments in KMC. residential subzone is shown in Table 6.3.
6.2.3. Policies on Settlement Areas Other Residential Subzone
Policies on producing safer communities from The development control for residential sub- natural hazards may involve several or all of the zone is shown in Table 6.4 below. following approaches: Mixed Old Residential Sub-zone • Enforcement of residential zoning identified in the 2007 Nepali building by-laws, sup- This is a densely populated area located in ported by ground verification; the Central Core. It surrounds the Hanuman • Micro zoning of KMC and the Kathmandu Dhokha Durbar Square. Its urban pattern has Valley; developed since the Malla Period, with a trade • Vulnerability and risk assessments; centre located in Ason, which is connected by • Land pooling in areas of highest risk; roads from six different directions. Old houses
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lie along the roads. Many bahals and bahils In consonance with the city’s shelter program, (open courts and courtyards) are also connected there is a need to formulate development guide- to the roads. The development controls for lines in housing and site development on the mixed old residential sub-zone is shown in Table following aspects: permitted uses, conditional 6.5. uses, open space ratio, firewalls, setbacks, fenc- ing, building height/bulk limits, safety require- Development controls for buildings with com- ments, access, architectural style, drainage and mercial use such as halls, theatres, and supermar- sanitation systems, and parking, among others. kets are different than for residential buildings. These development guidelines will direct future Table 6.6 shows the development controls for shelter/building developments. commercial use in the Core sector. c. Transient Housing a. Self-built Houses This type of housing caters to the city’s popula- For self-built houses, public action will focus tion of students, sales representatives, national on the enforcement of relevant provisions of government functionaries, corporate executives, the Nepal Building Code and Building By-laws. and other transients who seek accommodation The zoning ordinance will provide supplemental for a limited period in the city. Guidelines guidelines on such requirements as setbacks, fire- will cover such aspects as minimum room size, walls, open space, building height and bulk, etc. maximum occupancy, lighting and ventilation, fire exits and safety equipment, parking and b. Public Housing open space, gender-sensitive facilities, among others to ensure the comfort, convenience and
$:: safety of these transients. growth centers within the city. These new sites will be planned and developed in accor- 6.2.4. Policies on Infrastructure Areas dance with a supplemental local ordinance to the National Building Code containing Economic Infrastructure campus planning and design standards.
1. Public Markets - In line with KMC’s thrust 3. Non-Formal Educational Facilities - Legisla- to disperse economic activities from the tive action will take the form of a request for traditional urban center, public action will the establishment of a proposed secondary focus on the selection of appropriate sites trade school with the objective to prepare for public markets in the different growth the graduates to engage in income-gener- centers. ation activities. This trade school will be 2. Slaughterhouse - This facility will be used established in any of the growth centers. for the local market and will be planned in accordance with the ordinance requirements 4. Health Centers - Additional units of these of KMC and standards set by the National community facilities will be made available Building Code. to make health care and medical services and facilities accessible to all the local residents. Social Infrastructure Likewise, new sites will be planned and developed in accordance with a supplemen- 1. Public Schools - Public action will require tal local ordinance to the National Build- land acquisition, preferably of adjacent lots, ing Code containing planning and design to accommodate future expansion activities standards for safe hospitals. in preparation for the integration of pre- schools into the formal educational system, 5. Day Care Centers - Public action will focus and to accommodate additional increases in on land acquisition or rental of space for student population. The growth centers will such a service. Policy agenda will encourage also provide new sites for proposed second- the private sector and other public offices to ary school campuses. Local legislation will set up a child-minding facility within their ensure that planning guidelines for school premises. building construction include the following: 6. Public Libraries and Archives - The estab- • Location should be away from all major lishment of such facilities in the growth roads. areas will be a priority. A program to put up • Buildings should be earthquake proofed and modernize existing public libraries in • Vertical development and expansion the city will be adopted. should be encouraged. • There should be enough space to ac- 7. Reading Centers - These will be established commodate projected student popula- in all wards. tion. 8. Sports and Recreational Facilities - This Public action will ensure that budget alloca- community facility will be established in tion from the Ministry of Education and all growth centers through public-private KMC will augment the Special Education partnership. They can be managed by KMC. Fund (SEF) for the development of the new Public action will require public schools to sites. open their sports facilities for use by the residents outside of school hours. 2. Private Schools - The expansion of private schools will be redirected towards identified 9. Public Assembly Areas and Open Areas-Pub- lic action will focus on rationalizing their
! " #$% & $:< utilization so that they could be used for 3. Sewerage System - Legislative action will various purposes. They should be integrated entail the enactment of a local sanitation into a network of open spaces. ordinance and increase penalties for viola- tors. It will also include the creation of an 10. Memorial Parks and Cemeteries -Legislative office position for a sanitary engineer who action will generate development guidelines will serve as a member of the staff of the for the establishment and maintenance of building official. cemeteries and memorial parks. Electric crematorium sites are suggested. 4. Water Supply and Distribution System - Public action will entail joint regulation 11. Public Order and Safety Offices - These will with the National agencies of the develop- include fire protection and peace and order ment of public and private wells. facilities to support the disaster management and traffic management systems. Also as 5. Arterial Roads - Public action will focus important is the enactment of an ordinance on the recovery of road rights-of-way and prohibiting the obstruction of identified fire to develop them into additional lanes. To truck access lanes, and requiring new build- minimize traffic congestion within the ings to be designed and constructed based on city, the “no on-street parking” policy will environmental considerations unique to the be strictly enforced especially within the city. central business district. A minimum lateral access to arterial roads shall be determined 12. Ecological Waste Management System and will also be enforced. Facility - Legislative action will require the enactment of an ordinance requiring seg- 6. Collector Roads -A minimum lateral ac- regation and composting at the household cess along proposed collector roads of not level and the setting up of such a system that less than 250 meters will be enforced and will include the following: Ecological Waste only collector roads will connect to arterial Management Center, with a sanitary land- roads. fill, Materials Recovery Facility (MRF) and composting areas. In this connection, legisla- 7. Distributor Roads - The development of tive action will look into the prohibition of dead-end roads will be discouraged and all backyard burning anywhere in the city. roads must form part of a loop or series of loops. Utilities and Transportation 8. Subdivision Roads -Subdivision developers 1. Power Supply and Distribution - Legisla- will be compelled to connect their main tive intervention will focus on restoring the subdivision road only to collector and power generation, to ensure reliable and distributor roads. The KMC Road design uninterrupted power supply throughout standards will be used as a basis for improv- the city. It will also formulate regulations ing existing local roads. These standards (based on industry standards) on joint use and guidelines will be imposed on new of distribution facilities and explore alterna- road construction and will include provi- tive sources of power supply such as bio-gas, sions on sidewalks, ramps, planting strips, solar, and wind. street lighting, waiting sheds, and others.
2. Telecommunication - Regulation will focus 9. Street Furniture - Standards for street on ensuring that public health and safety furniture, traffic signages, and overpass aspects are considered in determining the design will be formulated. Traffic signals location of cell sites. on on-grade pedestrian crossings will also be put up.
$:' 10. Parking Facilities - KMC will formulate its own local standards on the provision of parking and open space requirements. These will be made part of the Local Build- ing Code.
11. Bus Terminals - Appropriate sites within the growth center for multi-modal bus termi- nals will be identified.
12. The following table provides details on pro- posed land use interventions, policies and possible legislations
Following the development issues and problems that involved subjecting the disaster manage- ment issues identified in the DRA to a problem- solving process resulted in the proposed pro- grams, projects, and actions as discussed below. Table 6.7 shows the proposed PPAs linked with the risk-sensitive land use planning goals. The reduction of disaster risk is an explicit goal of the proposed interventions. At the same time, they also meet the goals set at land use policy areas i.e., protection, production, infrastructure, transport, and economic. Implementing these PPAs promises improvement in the quality of life of the residents in terms of access to better and disaster-resilient living spaces and economic opportunities.
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7.1. Kathmandu Metropolitan City: An Or- following principles and policies for the develop- dinance Adopting a Risk-Sensitive Land Use ment of local self-governance system: Plan, Zoning and Building By-Laws a. Devolution of such powers, responsibilities INTRODUCTION and means and resources and are required to make the local bodies capable and efficient The Local Self-Governance Act, 2055 (1999), in in local self-governance. its Preamble, has stated that: b. Building and development of institutional mechanism and functional structure in Lo- “...it is expedient to: cal Bodies capable of considering for local people and bearing responsibilities. “Make provisions conducive to the enjoyment c. Devolution of powers to collect and mobi- of the fruits of democracy through the utmost lize such means and resources as are required participation of the sovereign people in the pro- to discharge the functions, duties, respon- cess of governance by way of decentralization. sibility and accountability conferred to the Local Bodies. “Institutionalize the process of development by d. Having the Local Bodies oriented towards enhancing the participation of all the people establishing the civil society based on demo- including the ethnic communities, indigenous cratic process, transparent practice, public people and down-trodden as well as socially accountability and peoples participation and economically backward groups in bringing in carrying out the functions devolved on out social equality in mobilizing and allocating them. means for the development of their own region e. For the purpose of developing local leader- and in the balanced and equal distribution of ship, arrangement of effective mechanism the fruits of development. to make the local body accountable to the people in its own areas. “Have institutional development of local bodies f. Encouraging the private sector to participate capable of bearing responsibility, by providing in local self-governance in the task of provid- such responsibility and power at the local level ing basic services for sustainable develop- as in necessary to formulate and carry out plans, ment. and The LSGA, in Section 96, then goes on to out- “Constitute local bodies for the development line the mandatory functions and duties to be of the local self-governance system in a manner performed by the Municipality as follows: that they are able to make decisions on the mat- ters affecting the day-to-day needs and lives of 1. “(b) Relating to Physical Development: the people by developing local leadership” (1) To frame land use map of the Municipal- The LSGA in strengthening the role of the ity area and specify and implement or cause Municipality has, in Section 3, set to pursue the to be implemented, the industrial, residential
! " #$% & $'$ agricultural, recreational areas etc. (1) and (2), the Municipality may, as per neces- (2) To prepare housing plan in the area of sity, obtain external consultancy service. Municipality and implement or cause to be implemented the same. (4) In formulating the plans, Municipality shall (3) To carry out plans on drinking water and have to give priority to the following projects: drainage in the areas of Municipality and oper- ate, maintain and repair or cause to be oper- (a) Projects which are income-generating and ated, maintained and repaired the same. from which consideration may be obtained (4) To develop, or cause to be developed, green sooner. zones, parks and recreational areas in various (b) Projects raising living standard, income places in the Municipality area. and employment of, and giving direct ben- (5) To approved or cause to be approved de- efits to, the people of the Municipality, and signs of houses, buildings etc. to be construct- contributing to poverty alleviation. ed in the areas of the Municipality. (c) Projects which can be operated with low cost and larger people’s participation. 2. “...the Municipality may also perform the (d) Project to be operated through local following optional functions in the Municipality means, resources and skills. area: (e) Projects providing direct benefits to the women as well as backward class and chil- (a) To control unplanned settlement within dren. the Municipality area. (f) Projects that can contribute to protect (b) To make the structure and development of and promote the environment. the town well-planned through the functions such as guided land development and land use. (7) In formulating annual plans, the following (c) To arrange for the supply of electricity and matters have to be taken as the basis. communications facilities. (d) To arrange for recreational parks, play- (a) Directives received from the National ing grounds, museums, zoos, parks etc. in the Planning Commission and the District De- Municipality area. velopment Committee on national develop- (e) In order to reduce unemployment, to col- ment policy. lect the data of unemployed person and launch (b) Overall necessities indicated by periodical employment generating programmes. plans. (f) To carry out preventive and relief works to (c) Suggestions received from the Ward Com- lessen the loss of life and properly caused from mittee. natural calamity. The LSGA likewise provided for the Process of Section 3 of the LSGA further mandates munici- Implementation as embodied in the following palities to formulate their own plans, viz: Sections:
(1) Each Municipality shall have to formulate Section 112. Preparation of Resource Map periodical and annual development plans for the development of the municipal area. Section 113. Feasibility Study of the Projects to be Carried Out (2) In formulating the plans, the Municipal- ity shall, as per necessity, have to launch plans Section 114. Selection of the Project such as land-use, land-pulling, and guided land development for making the development of the Section 115. Coordination among Municipal- municipal area balanced and planned. ity, Governmental and Non=governmental Agencies (3) In formulating plans pursuant to sub-sections
$'! Section 116. Operation of Municipal to add a storey or to alter the faÁade, or to con- Level Project struct a window, door verandah, attic, porch, shed, stable or garage or erecting a compound wall in Section 117. Implementation and alternation of the existing design. Management of Project Section 150. Application for Approval: Any Section 118. Appraisal and Evaluation of person or governmental office desiring to con- Projects struct a building shall have to make an applica- tion, in the prescribed format, along with the Section 119. Consumer’s Group to be Formed design of the building to the Municipality for the approval to construct the building. Section 121. Non-Governmental Organization to be Encouraged Explanation: In this section, “governmental office” means and includes all governmental offices and Section 122. Directives to be abided by: The courts as well including the offices of the Supreme Municipality shall have to abide by the direc- Court, Parliament, Raj Parishad (Royal Council), tives given by the National Planning Commis- commission for the Investigation of the Abuse of sion, His Majesty’s Government of Nepal and Authority, Auditor General, Public Service Com- the District Development Committee in respect mission and other constitutional bodies, and Royal of the formulation and operation of the town Nepal Army as well as Nepal Police. development plan. (2) Notwithstanding anything contained in sub- Section 124. Repair, Maintenance and Manage- section (1), in making application for approval ment of the Project: to construct a building, if any public body is not allowed to submit the design of the building (1) The Municipality may collect service on account of national security, it may mention charge from the beneficiaries of a project for only the length, breadth, height and storey of the repair and maintenance of the project. the building and its total area in the application. (2) The repair, maintenance and necessary management of the project shall be dome Section 152. Submission of Document of Own- with the amount of the service charge col- ership and Possession or Deed of Consent: In lected pursuant to sub-section (1). making application pursuant to Section 150 for (3) The Municipality shall have to maintain approval to construct a building, if construction an up-to-date account of incomes and expen- is to be done in the land of one’s own owner- ditures as referred to in sub-sections (1) and ship and possession, the document showing the (2). ownership and possession of the land, and if the construction is to be done in the land of any In the matter of Building Constitution, the other person‘s ownership and possession, the LSGA has provided the following pertinent document showing the ownership and posses- provisions: sion of such person as well as a deed of consent shall have to be submitted. Section 149. Prohibition on Construction of Building without Obtaining Approval: No Section 156. Approval of Design: person shall, without obtaining construction approval from the Mayor, do construction of a (1) In giving the approval to construct any building in the municipal area. building pursuant to Section 155, the Mayor shall also have to approve the design of such a Explanation: In this section, “construction of building. building” means the act to construct a new build- ing, to reconstruct by demolishing the old building, (2) In approving the design of any building
! " #$% & $'8 pursuant to sub-section (1), the Mayor may Ordinance and in accordance therewith and in approve it by making necessary alteration in the support thereof. design in a manner to be conformity with the physical development plan and the standards set RISK SENSITIVE LAND USE PLAN pursuant to the prevailing law AND BUILDING REGULATION, 2009
Section 157. Alteration in Design: If any This section describes the Zoning Ordinance alteration has to be made subsequently in the of the KMC made under the provision of the design approved pursuant to Section 156, the Local Self-Governance Act of 1999, specifically, Mayor may permit for such alteration in the Sections 96- Functions, Duties and Power of design, without being prejudicial to the standards Municipality, and Section 111- Formulation of set under the prevailing law, to do other acts Plans of Municipality, among others. expecting the addition of storey, change of faÁade of increasing its length, breadth. PART I: GENERAL GUIDELINES/ PRINCIPLES/PROCEDURES Section 160. Period of Construction of Building: 1.1 Introduction (1) If the approval to construct a building has been given according to this Act, such a 1. This Ordinance may be cited as the building shall have to construct within two Kathmandu Metropolitan City Land Use, years from the date of such approval. Zoning and Building Ordinance. (This may alternatively be cited as the Kathmandu Risk- (2) In the event of failure to construct the Sensitive Land Use Plan and Policies and its building within the time-limit specified under Implementing Zoning Ordinance and Building sub-section (1), an application shall have to be Regulations.) made to the Municipality for extension of the time-limit. It is applicable to the physical area located (3) If any application is made pursuant to within the geographical and administrative sub-section (2), the Mayor may extend the boundaries of the Kathmandu Metropolitan time-limit for up to two years by collecting an City, pursuant to Section 76 of the LSGA. additional fee at the rate of five percent of the previously paid fee. 2. This Ordinance includes the following documents Section 161. Inquiry and Proceedings: a. The Risk-Sensitive Land Use Plan of KMC; (4) In case it is held, as per the report b. The Land Use Policies Framework in relation submitted pursuant to sub-section (2), that to the Land Use Plan; anyone has constructed or is constructing a c. The Zoning Ordinance that would serve as building without obtaining approval pursuant the Implementing Guidelines for the Land Use to this Act or by encroaching upon any public Plan and its underlying policies; and land, road, temple, courtyard sewerage, canal, d. The Building Regulations for the permissible pond, etc,. Mayor shall have to order to uses designated in the Land Use Plan; demolish the building or any portion thereof. All of these documents have statutory status Section 163. Demolition of Building and and the same legally binding power. Recovery of Expenditures Incurred 3. This ordinance shall take effect upon its The above provisions having been provided for approval by the KMC Council and publication in the LSGA, the Kathmandu Metropolitan City in the official Gazette and shall be implemented hereby adopts and promulgates the following
$': by KMC itself in coordination with other 1.3 Basic Principles Addressed appropriate agencies of Government as may be appropriate. Where required, KMC must abide - Natural hazards are causing greater harm to with the by-laws that require prior approval communities, existing facilities, and socio- by higher authorities such as KVTDC and economic institutions and are threatening the concerned Ministries - Local Development, future of sustainable development. Major Planning and Physical Works, among others. disaster can wipe out any progress in physical development and economic growth. 1.2 Purpose and coverage of the Ordinance - Disasters are largely preventable. The city 4. The provisions of this Ordinance aim to assist and its communities that recognize the causes KMC, its Council, and its various instrumen- and processes of natural disasters and provide talities, offices and staff, in realizing a Risk-Sen- mitigation measures and regulations can best sitive Land Use Plan that fully integrates DRR protect themselves. provisions in the spatial and physical develop- ment strategies, regulatory planning tools, and - The key to risk-sensitive land use planning related by-laws and procedures, with the full is the involvement and commitment of all vision of transforming KMC into “A tour- individuals and organizations accepting clearly- ism center based on heritage and culture with defined responsibilities and duties in the healthy responsible and economically active citi- implementation of this Ordinance. zens, living in a clean, safe and disaster resilient environment.” (KMC Vision statement) 1.4 Definitions (Taken in full from KMC Urban Planning and Building Ordinance, Final 5. This Ordinance, likewise, intends to provide Draft 2001, Sec.1.2) implementing guidelines in order to achieve an orderly, efficient and environmentally sustain- For the purpose of this Ordinance the words, able development for KMC by prescribing a names and acronyms listed below and wherever general policy framework plan, norms and stan- occurring in any text of this ordinance, Planning dards for land use planning and control, and Permit, Building Permit or any other planning regulatory devices for building and structure or building instructions given by KMC, are design and construction. explicitly defined to mean the following (in alphabetical order): 6. This Ordinance shall cover four general land use areas, namely, protected areas, settlements, Accessory building: a subordinate building production areas and infrastructure support located on the same plot with the main building, areas; with disaster risks in mind in order to occupied by or devoted to an accessory use. develop safe forms and patterns of land uses that Where an accessory building is attached to the will integrate the built into the un-built space in main building in a substantial manner, as by a order to fulfill the right of every constituent to a wall or roof, such accessory building shall be clean, safe and disaster resilient place to live in. considered part of the main building.
7. This Ordinance shall, as judged to be fea- Accessory use: a use customarily incidental sible, address the concepts of DRM and DRR and subordinate to the principal land use or through appropriate risk assessments and to the main building(s) located on the same commitment to enforce the provisions of this plot herewith. In no case shall such accessory ordinance and considering the benefits and costs use substitute or dominate in area, extent or for a safe place and sustainable environment to purpose, the principal lawful land use or main live in. building(s).
! " #$% & $'< Alteration: any change made, or proposed to be or enclosure of people or animals, the growing made, to the use, size, form, structural elements or storage of plants or the production, and external appearance of a building or struc- processing, storage or protection of any kind of ture. movable property; when a building is divided into separate parts by one or more un-pierced Apartment: a dwelling unit within an apartment walls, extending from the ground up, each such building. part shall be deemed to be a separate building.
Apartment building: a building containing two Building main-: the building, or group of (2) or more apartments and designed or used, buildings, on a plot, not being any accessory with or without accessory use, for occupancy by building, serving the principal and actual use of two (2) or more households living independently that plot. of each other. Buildings attached: two or more buildings Apartment hotel: a residential building, or part which are mutually connected by each sharing thereof, designed or arranged and used as a hotel one or two party walls wither in part or in full, but differing from a hotel in that no food maybe with another building. offered and all guest rooms are rented out for generally longer period and have facilities for self Building detached: two or more adjoining free cooking by the guests. standing buildings not having any mutual con- nection. Arcade: a continuously covered parts of a ground floor area of a building which opens onto Building, semi-detached: two adjoining build- a road or other public way. ings sideways attached.
Attic: a habitable space between the roof and Building height: the vertical distance measured the top floor of a building with an average room from the highest level of the ROW adjoining a height of min. 2.4m. building to the highest external part of its roof: in case of a sloping roof the highest part of the Authorized person/organization: any official roof shall be the mean height level between the or organization to whom a specific task in the eaves and ridge of such roof; provided that, execution of this Ordinance is delegated by the where a building is set back more than one (1) KMC. meter from the plot front boundary, the height of such building shall be measured from the Authority: if not described otherwise, KMC. average elevation of the finished ground level along the front wall of the building; structures Basement semi-: any accessible and usable part on the roof of a building such as water tanks, of a building of which, at least, half of its room lift overruns, solar panels and antennas are not height is located below finished ground level. taken into account in determining the highest point of a building. Block: a tract of land bounded by Collector roads and/or ROW’s of higher order. Building line: generally used in closed front- age development, a line in which the faÁade of Block sub-: a tract of land being part of a block, a building shall be placed as prescribed on the only bounded, and not further subdivided by Development Control Map and/or in a Local Access roads or roads of a higher order. Area Plan.
Building: a man-made construction, Building, residential: a building being either permanently fixed in or on the ground, enclosed a dwelling or an apartment building that is by one or more walls and a roof, for the housing arranged, designed, used, and intended or built
$'' to be used for residential occupancy by one or Easement: linear tract of land for the existing more households or lodgers. or future installation and use of public utility services, such as drains, water mains, sewers and Construction: the act of either erecting a new cables, regardless of ownership of the land and of building or structure, with or without the these utility services. wholly or partly prior destruction of an existing buildings or structures in the same location, or Facade: the exterior wall of a building abutting adding a storey to, or altering the facades and a ROW. roof of a building, and constructing a window, door, veranda, attic, porch, shed, garage, or Floor area: the sum of the gross horizontal areas other, similar additions to, or modifications of of all floors, except floors entirely located below the present building or structure. ground level, of any building, measured from the exterior faces of the external walls or from Closed frontage: the sideways attached con- the centre line of common walls separating two struction of facades of adjoining buildings in buildings. The floor area of a building shall ex- one vertical plane. clude elevator shafts and stairwells at each floor, floor space used for mechanical equipment -, but Density: the number of buildings, dwellings, shall include attics, interior balconies, enclosed households, people or the amount of floor space porches and floor area devoted to accessory uses. per unit of land area (e.g. per hectare) as the However, any area constructed and used for case may be and expressed as a numerical value. vehicle parking or loading of vehicles shall not be included as floor area. Designated area: a united part of a use zone bounded by other use zones. Floor area ratio (FAR): the quotient of the total built or planned floor area on a plot or parcel Development: the process of changing or and the total area of that plot or panel expressed intensifying the use of land through means of in the formula below: earthworks and/or construction works in, on, or above land or water. FAR = Total floor area in m2______Total plot or parcel area in m2 Development comprehensive: a project planned, designed and implemented for inte- Front: that side of plot or wall of the main grated, mixed use development of a single tract building(s) on that plot facing a ROW. of land or a number of contiguous plots, such as land pooling project. Garage, private: a building or a section of a building uniquely designed, built and used Development Control Map: the map being primarily for the overnight parking of private an appurtenant document of this Ordinance as automobiles. prescribed in Part I, Section 2? Garage, public: a building or a section of a District: one of KMC’s five (5) urban plan- building, uniquely designed, built and used ning areas into which Kathmandu city has been primarily for temporary, daytime parking of divided. automobiles, regardless whether these are parked for remuneration or not. Drainage: the natural or artificial evacuation of excess water from a tract of land. Hotel: a building designed and used as a tem- porary residing place for individuals with a per- Dwelling: one or more rooms in a building for manently staffed reception desk, offering meals the permanent habitation by a single family or and having at least six (6) guest rooms without household. provision for cooking.
! " #$% & $'= Housing: dwelling units of any type, mixture du and to some extent that of Kathman- and density. du Valley and Nepal, » Satisfying occasional needs for a wide HMG: His Majesty’s Government of Nepal? variety of unique or specialty goods and services, Industry: facilities for the manufacturing, » Requiring a central location in the city, processing, production, assembly, disassembly, » Requiring in general large and/or presti- recycling, repair, storage or distribution of goods. gious establishments and plots, » Generating large volumes of vehicular KMC: Kathmandu Metropolitan City, the local and pedestrian traffic and the need for government body responsible for governing the wider roads and parking facilities. city of Kathmandu. Level, district: denotes urban facilities and KMC area: the area of land within boundaries services: prescribed by the Ministry of Local Government » Serving a district population of 150,000 and administered by KMC. to 250,000. » Satisfying frequent needs for a wide vari- KMC Board: The executive board of the KMC ety of household goods and services, Council pursuant to Section 80 of the LSG Act. » requiring good access, and a desirably a central location in the district, KMC Council: The elected governing body of » Generating relative large volumes of traf- KMC pursuant to Section 76 of the Local Self- fic, primarily pedestrian and motorcycles Governance Act. and trucks, the latter for the supply of food commodities and other goods. KMC Office: The executive office of the KMC Council pursuant to Section 248 of the Local Level, local: denotes urban facilities and ser- Self-Governance Act. vices: » Serving a resident population of 2,500 a KMC Secretary: pursuant to Art. 253 of the 50,000 households, LSGA, the Secretary of KMC, appointed by » Satisfying basic, daily needs for food HMG for carrying out the day-to-day functions commodities and household services, of the KMC office. preferably requiring a central location with good access, KUPBR: the Kathmandu Urban Planning and » Requiring only small size establishments Building Regulations, being the regulations con- and plots, tained in this Ordinance. » Generating primarily pedestrian traffic.
Land Use Map: the map being an appurtnenant Local area plan: a statutory plan, at least document of this Ordinance as prescribed in Part including a detailed land use plan and regula- 1, Section 2? tions, for a part of the KMC area, either being a district, ward, city centre, conservation, Land use: see use, land- industry or land pooling area, prepared on the basis of, and complementing the provisions and LSG Act: the Local Self-Governance Act, 1999 regulations of this Ordinance.
LSG Regulations: the Local Self-Governance Mayor: the Mayor of KMC Regulations, 2000 Mayor, Deputy: the Deputy Mayor of KMC Level city-: denotes urban facilities and services: » Serving the entire population of Kathman- Parcel: tract of land to be either subdivided
$'" into plots, or to be comprehensively developed. Plot line, side-: any remaining boundary of a plot that is not a front plot boundary or a rear Physical Planning Committee: the committee plot boundary. to be established as prescribed in Part 1 of this Ordinance Plot width: the horizontal distance between the side plot boundaries, measured at right angles to Plinth: the section of the perimeter wall of a the plot depth at a point midway between the building between the ground level and the first front and rear plot boundaries. floor of a building located above the ground. Plot, corner-: a plot situated at the intersection Plinth area: the total area covered by the of two or more roads having an angle of inter- ground floor of a building, including its perim- section of less than 135 degrees. eter wall. Plinth area is also commonly referred to as “footprint”. Pollution: contamination (make impure or un- clean), especially by gaseous, organic or chemical Plot: a surveyed and demarcated tract of land wastes that contaminate air, water or soil. resulting from the subdivision of a parcel, duly registered by ownership and under single title Porch: the part of a building projecting at in the Cadaster and the Revenue Department ground level built and roofed so as to provide of KMC, not containing any part that is leased cover to the entrance of such building. by the land owner to or from a third party and developed or intended to be developed for the Project: the planned and budgeted undertaking land use designated in the area. of the development of a tract of land or of any kind of construction on that land. Plot area: the total area, measured in a horizon- tal plane, within the plot boundaries. Property: a unified piece of land in public or private ownership. Plot boundary, front: the boundary of a plot fronting an existing or planned access road or ROW (right-of-way): a land corridor designated any other ROW. In case of a corner plot, both or constructed for the use of public access, vehic- plot boundaries adjoining a ROW are consid- ular traffic circulation and the location of public ered front plot boundaries. utilities, such as pathways, easements, roads, and highways, regardless of the ownership of the Plot boundary, rear: the boundary of a plot that land and utilities in the ROW. is most distant from and most nearly parallel to the front plot boundary. Road, access-or “Marg”: a ROW serving the pedestrian and vehicular access to one or more Plot Coverage Ratio (PCR): the percentage plots and having a width as prescribed in this of the area of a plot or parcel covered by all Ordinance. building(s), including accessory buildings on that plot or parcel, but excluding private ga- Road, Collector-or “Sadak”: a ROW of greater rages, as expressed in the formula below. width and capacity than an access road, having a footpath on both sides, providing the interme- PCR (%) = Built-up area of a plot at ground diate linkage between access roads and higher level in m2 x 100/Total plot or parcel area in order roads and having a width as prescribed in m2 this Ordinance.
Plot depth: the mean horizontal distance be- Road, arterial-or “Path”: a ROW of greater tween front and rear plot boundaries. width and capacity than a collector road that provides an intermediate linkage between collec-
! " #$% & $'@ tor roads and a Ring road/Highway and having a d. Signs within a private area that cannot be width as prescribed in this Ordinance. seen from a road or adjacent properties, e. Flags or emblems of a civic, philanthropic, Road, Ring/Highway: a ROW with, at least, educational or religious organization, four traffic lanes, serving intra-and inter city traf- f. Small signs displayed for the direction of fic and having a width prescribed in this Ordi- public or convenience of the public, includ- nance. ing signs that identify rest rooms, location of public telephones, freight entrances, or Room height: the distance between the finished the like, with a total sign area not exceeding surface of the floor of a room and the lowest part 2 square meter per sign, of the ceiling or lowest surface of exposed floor g. Signs attached to and showing the use of a beams or, in case of a sloping ceiling, the average building, height between the highest and lowest part of the h. Any temporary sign: constructed of paper, ceiling or such beams. light fabric, plastic, or other light material, with or without frames, when such signs Row housing: residential buildings sideways at- are intended to be displayed for a short tached. period of time only, in no event for longer than 35 days. Setback: the minimum distance that the outside wall of any building shall be located inside from Sign are: the net geometric area of a sign a plot boundary; for calculating his minimum computed as including the entire area within distance, the outside wall shall be measured from one or more parallelograms, triangles, circles, or the outer face of any structure, such as roof over- semi-circles comprising all the display, includ- hangs, eaves, balconies, that is projecting most ing boarders and solid background. One face outward from this wall. of a double faced sign shall be considered in determining the sign area, provided both faces Sign: any writing (including letter, word, or nu- are parallel and of the same size. meral), pictorial presentation (including illustra- tion or decoration), emblem (including devices, Storey: the spatial portion of a building located symbol, or trademark), flag (including banner or between the surface of any floor above ground pennant), or any other device, figure or similar level and the surface of the floor next above it character, including its structure and compo- or, in case there is no floor above it, than the nent parts, which is used or intended to be used space between such floor and the ceiling next to announce or direct attention for advertising above it. purposes that is visible from the outside of a building or structure and includes subject matter Structural alterations: any change in the sup- attached to, painted on, or in any other manner porting members of a building or structure represented on a building or other structure or such as bearing walls, columns, beams or gird- device. However, except as otherwise specified ers. in these regulations and subject to regulations for the location of signs with reference to roads, Structure: anything else constructed or erected the following shall not be deemed to be included than a building which requires permanent within the definition of “Sign” location on the ground, or an attachment to a. Signs or flags of a governmental agency, something having such location. including traffic or similar regulatory or legal devices, Subdivision plan: a map showing the detailed b. Memorial tablets or signs, and measured division of a tract of land, either c. Signs required to be maintained by law or into two or more parcels and/or plots, serv- governmental order, rule, or regulation, and ing as the basic layout for a proposed single or street names and address numbers, multiple plot development.
$=# Use, land: the purpose for which a tract of land, nent members, all other members of the PPC and any building or structure located thereon, is shall be appointed for a term of two years but occupied and used, or is intended to be devel- can be re-appointed. oped, occupied and used. 10. The PPC shall meet every two weeks but at UDD: The Urban Development Department of least once a month. The agenda for the meet- KMC Office. ings shall be prepared jointly by the Chairman and Secretary and communicated to the mem- Utilities: the technical and logistical provisions bers, together with the minutes of the previous for the supply and distribution of water, elec- meeting, at least one week in advance of each tricity, gas, telephone, radio and TV signals, etc. meeting. The Secretary will prepare the minutes and for the drainage, collection and disposal of of the meetings. rain water and fluid and solid waste. 11. Decisions shall be made by open voting and Yard, court: an uncovered space that is, apart simple majority. For taking a vote on major from one or more access ways, fully enclosed by planning decisions a quorum of four (4) Com- one or more buildings. mittee members shall be present at the meeting. When the votes ties, the Chairman’s vote shall be Yard: the open-air part of a plot not occupied decisive. by buildings and structures 12. In the absence of the Chairman, the Council Zone, land use: an area designated for one or representative shall replace and represent him/ more land uses. her during and outside PPC meetings. In the absence of the Secretary, the Deputy Head of Zone, mixed use: an area designated for two or UDD shall act in his or her place. more land uses. 13. The physical Planning Committee shall be 1.5 THE PHYSICAL PLANNING COM- responsible for initiating all necessary actions for MITTEE (PPC) the due implementation of the provisions of this Ordinance. Its tasks include, but are not limited 8. The KMC Board shall constitute a Physical to, Planning Committee to advise the Board on all aspects related to the issue of Planning Permits » Advising the Mayor on all matters related to and Building Permits, and appoint its members. the physical conditions and development of The seven (7) members of the PPC will com- the City. prise: » Initiating, supervising and approving amendments and revisions of the Ordinance, » the Deputy Mayor of KMC, Chairman subject to endorsement by the Council, » the KMC Secretary as representative of » Considering planning applications and is- HMG? suing Planning Permits for all development » the Head of the UDD, acting as secretary projects, except residential projects - not of the Committee, hereinafter referred to as located in conservation areas - having an the Secretary assessed total construction value of less than » one (1) representative of the KMC Council five million Rupees (Rs 5,000,000). » one (1) representative of Kathmandu’s busi- » Initiating and identifying the most appropri- ness community, and ate city location and sites for proposed major » two (2) professional advisors. new developments such as government buildings, hospitals, schools, shopping malls, 9. Apart from the Deputy Mayor, the KMC new roads and bridges, power plants and Secretary and the PPC Secretary being perma- other major utility plants and city parks,
! " #$% & $=$ » Supervising the operations, performance and reasons why objections from the general public staffing of KMC’s UDD and the selection were accepted or rejected as ground for altering and appointment of the Department’s senior or adjusting the draft documents. staff. 20. Upon their completion, the PPC shall sub- 1.6 Amendments and Revision of the KUPBR mit and present the final documents, together with the above review report, to the Mayor for 14. The KUPBR shall be amended whenever formal KMC Board approval, gazettal and pub- deemed necessary but shall be reviewed and lication of the revised KUPBR or its amend- revised, at least, once every five years. ments.
15. Amendments and revision of the KUPBR 21. Before approving a full revision of the shall be initiated by the PPC and, after consul- KUPBR, the KMC Board may decide for a tation of the KMC Board, it shall instruct the second public viewing to allow any person or UDD to undertake the necessary tasks for their organization to raise objections to any aspect preparation within a time period to be specified of the revision as contained in the final docu- by the PPC. ments. The procedure shall then be repeated as described in Section 15 to 20. 16. Upon completion, the PPC shall consider the draft amendments or revision of the KUPBR 1.7 Planning Districts and may invite for advice during its meetings any person or organization it considers useful. After 22. For the purpose of giving adequate response its approval in principal (principle) of the draft to the provisions of the Local Self Governance proposals, the PPC shall release all relevant docu- Law with regard to the effective execution of ments for inspection by the general public. urban planning, the KMC are shall be divided in five urban Planning District. They are 17. To inform the general public about proposed named and encompass the following ward: amendments or revisions of KUPBR, KMC shall make appropriate and timely announcement on » City Core District, ward nos. 12, 17, 18, its public boards, bulletins, local newspapers and 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30 other usual media channels. The information in » Central City District, wards nos. 1, 5, 1, the announcement shall, at least comprise: 21, 32, 33 » District West, wards nos. 6, 7, 8, 9, 10, 34, a. The location and period where the docu- 35 ments can be viewed and inspected » District North, wards nos. 2, 3, 4, 29 b. The period during which eligible persons can » District East, wards nos. 13, 14, 15, 16. submit their reasoned objections in writing, which period should not be less than four (4) 23. In the event of an extension of the KMC weeks for any amendments and six (6) weeks boundary, the formation of new wards, or the for revisions of the KUPBR. redistribution of existing wards, the KMC Council shall decide on the revision of the 18. After the closing date of public inspection, boundaries of the Planning Districts concerned. the PPC shall consider all written objections received and arrange for those alterations to be 1.8 The District Planning Committee made to the draft documents as it sees fit and (DPC) justified. 24. For each of the Planning Districts, KMC 19. The PPC shall document the preparation will establish a District Planning Committee, and review process in a report, clearly stating its consisting of the Ward Chairmen of all the
$=! wards constituting the District A representative User Group having expressed its intent to im- of KMC will attend the meetings of this com- prove these conditions with a maximum of their mittee as advisor and non-voting advisor own means and organization, shall be encour- aged by KMC in this initiative and, fulfilling 25. The principal task of the DPC is to assist certain requirements to be prescribed by special KMC with the preparation of, and to formally order, shall be technically and/or financially sup- endorse Local Area Plans as referred to in Sec- ported by KMC. tion 27, and to give appropriate guidance and support to KMC for the effective implemen- 30. Annual Investment Plan (IAP) will be en- tation of these plans in manner and with the couraged by KMC in terms of financial support instruments as prescribed by KMC order. and implementation priority depending on the 26. Detailed instructions about the function- overall structural and sustainable improvement ing and procedures to be followed for decision of the area being proposed. making by the DPC’s will be prescribed by the KMC Board in a special order. 31. AIP’s will qualify for support by KMC if the basic principle of equity sharing is accepted and 1.9 Local Area Plans adhered to. This means that the User Group shall invest in the project, at least, to the extent 27. Local Area Plans shall be prepared for all of the assessed improved land value that will such parts of the KMC area that require an accrue from the AIP. Investment would include integrated planning approach to ensure that such cost as the compensation for any private the aims set and agreed for the type and extent land and property to be acquired for imple- of development for these areas can be more mentation of the project, for instance, in the securely and effectively attained. case of creating a right of way or for the neces- sary widening of a road. After deduction of the 28. A Local Area plan that is disaster risk resil- agreed share to be paid by the collective owners, ient shall be prepared by KMC, at least, for the the remainder of the project cost will be borne following types of areas: by KMC.
• for each of the five Districts a District 1.11 The Planning Permit Development Plan, at least containing a land use development map at a scale of min. 32. Before implementing comprehensive devel- 1:5,000, appurtenant land use and develop- opment projects, parcels or plots, either in pub- ment regulations and a 5-year investment lic or private ownership, shall not be subdivided programme. or assembled without a Planning Permit issued • for areas designated as a conservation zone by KMC. on the Development Control Map • for areas designated as a Land Pooling or 33. Existing buildings or structures, either in Guided Land Development Project, public or private ownership, comprising a total • for any other designated or proposed to be floor area of more than 660 sq m (7,500 sq developed as a comprehensive land develop- ft), shall not be redeveloped, changed of use, ment project. enlarged, such as raised in height, or otherwise structurally modified without the issue of a Plan- 1.10 Area Improvement Projects (AIP’s) ning Permit by KMC.
29. Any group of legal persons being land and/ 34. For requesting KMC to issue a Planning or building owners in an area that is already Permit, the applicant shall submit the following substantially developed but lacking adequate documents: provision of technical infrastructure, and such
! " #$% & $=8 A. For the subdivision or assembly of land with proposed to be constructed, if any, and the the intent of land development. method proposed to dispose of the septic a. A complete application form tanks’ effluent. b. Receipt of payment of the Planning Permit (8) An indicative landscape design for inte- fee, grated development projects. c. Proof of his ownership of the subject land or a letter from the owner of the land stating his g. A “letter of no objection”, addressed to agreement to surrender land to the applicant, KMC and signed by those owners of the conditional upon the issue of a Planning parcels and/or plots who can reasonably Permit for the intended development. expected to be affected by the project, con- d. Certificate of KMC Revenue section con- firming their agreement with the develop- firming that all land an property tax and ment proposed to be realized on the subject other local taxes due by the owner have been plot(s). If one or more of the above owners remitted. do not agree and make any objections to e. A certified copy of the cadastral map show- the proposed development that could not ing the plots and/or parcels proposed to be be resolved in plan modification or by subdivided or assembled, as well as the ad- amicable settlement, the reasons for these joining parcels and/or plots with description objections shall be stated in a letter for of their actual land uses. consideration by KMC prior to approval of f. One or more drawings, at appropriate scale the Building Permit. within the range of 1:1000 to 1:100, show- ing: B. For structural alteration of buildings and structures, change of land use or redevelopment (1) The proposed land assembly and/or subdi- of a site. vision and the development layout with result- ing plot(s) and giving all relevant dimensions a. The completed application form. shown in meters, b. Receipt of payment of the Planning Permit (2) Height variations of land by 0.5 m contour fee. lines and a detailed indication of the measures c. Proof of his ownership of the subject plot(s) proposed for draining the land and disposal of and/or building(s), or a letter by the owner drain water. of the land and/or building(s) stating his (3) The vertical projection and the height agreement with the development or the of buildings) and structures proposed to be works for which the Planning Permit is constructed on the plot(s) and indicating the requested. proposed use of (each of) the building(s) by d. Certificate of KMC Revenue Section stat- area of floor space in square meters. ing that all land and property tax and other (4) The surveyed or otherwise certified docu- local taxes due by the owner have been mentation of the vertical projection on the remitted. ground and the height of all buildings and e. A certified copy of the cadastral map show- structures located on the abutting parcels and ing the subject plot and all abutting parcels plots. and/or plots and their actual land uses, (5) The location and width of the ROW(s), f. The (latest) Building Permit issued for the either existing, or firmly committed to be con- existing development structed to serve access to the plot(s), g. One or more drawings, at appropriate scale (6) The location and connection points of within the range of 1;500 and 1;50, show- water mains and sewers and other standard ing: utilities as mains and cables, and of any ease- ments required for their installation beyond (1) The layout of development showing loca- the boundaries of the subject plot(s), tion and height of all buildings and struc- (7) The location and capacity of septic tanks tures on the subject plot and those on the
$=: abutting plots, all as existing at the time the 38. The Planning Permit does not entitle the ap- application for the Planning Permit is made. plicant, or any other person through this order, (2) All changes and modifications proposed to commence or carry out any development or to be made to the existing land use, buildings, construction activity until a Building Permit for structures and plot layout, and any new, ad- the same project has been applied for, and been ditional or substituting buildings proposed to issued by KMC. be constructed on the plot(s), (3) If applicable, any variation to the exist- 39. The Planning Permit is valid for one (1) year ing vehicular access to the plot(s) and to the from the date of issue and expires at the date and number of vehicles proposed to be parked on for that part of the project for which a Building the plot(s). Permit has been issued. In case of particular and unforeseen circumstances and upon the owner(s) 8. A “letter of no objection” as described in written request, KMC may, conditionally, ex- Section 34A, g above. tend the validity of the Planning Permit by one (1) more year. 35. Upon receipt of the application for a Plan- ning Permit, KMC shall verify if the proposed 1.12 The Building Permit development and/or construction agree with the provisions and standards laid down in this 40. No building or structure, either in private Ordinance and will submit the application for or in public ownership, shall be constructed, approval to the Physical Planning Commit- extended, altered or demolished, nor any con- tee. For projects located in areas of particular struction or site works commenced, without a concern such as cultural and heritage sites and Building Permit. buildings, roads, water and sewerage and solid waste among others advice may be sought 41. Upon application of a Building Permit from other agencies such as the Department for the construction of any new building or of Archaeology, Ministry of Environment, the structure with a total amount of floor space in Traffic Department. Where deemed appropriate excess 660 sq m (7500 sq ft), such application and necessary the applicant may be required to shall first be submitted to the Physical Planning present a feasibility study showing among others Committee for planning approval. No Build- things how the proposed project would affect ing Permit shall be issued before this Committee the immediate surrounding area in terms of has considered the implication of the proposed inducing or causing hazard risk into a disaster. building or structure for the surrounding areas and/or the city as a whole, and, based on its 36. A decision by KMC on the application of a findings, has approved the project. Planning Permit shall be made and confirmed in writing to the applicant within two (2) months 42. For requesting KMC to issue a Building from the date of registration of the applica- Permit, an application shall be made by the tion. KMC may extend this period by one (1) owner(s) of the land concerned by submitting month. When no decision is made within three the following documents: (3) months, approval is automatically granted and the Planning Permit shall be issued accord- a. The completed application form, ingly. b. Receipt of payment of the Building Permit fee, 37. When a Planning Permit is refused, KMC c. Proof of his ownership of the subject land shall give the reasons for its refusal in writing. and/or building or a letter by the owner(s) of After having made the appropriate modifica- the land/and or building stating his agree- tions to the project design, the applicant shall be ment with the development and/or works entitled to make a second request for a Planning for which the Building Permit is applied for, Permit at no further cost.
! " #$% & $=< d. Certificate of KMC Revenue Section stating impose such restrictions. that all land and property tax and other local 45. A decision on the application of a Building taxes due by the owner have been remitted, Permit shall be made by KMC and confirmed e. A certified copy of the cadastral map show- to the applicant in writing within two (2) ing the subject plot(s) and all abutting par- months from the date of registration of the ap- cels and/or plots, also indicating their actual plication. KMC may extend this period by one uses, (1) month. When no decision is made within f. The Building Permit(s) previously issued for three (3) months from the date of applica- any buildings existing on the plot(s) at pres- tion, approval is automatically granted and the ent or that existed in the past, Building Permit shall be issued accordingly. g. The Planning Permit, if applicable and is- sued, 46. When a Building Permit is refused, KMC h. A “letter of no objection” as described in Sec- shall give the reasons for its refusal in writing. tion 34 A.g. After having made the appropriate modifica- i. Drawings, appropriate scale within the range tions to the project design, the applicant shall of 1:500 and 1:50 and other documents be entitled to make a second request for a presenting: Building Permit at no further cost.
(1) The layout of development, including all 47. The Building Permit requires the applicant buildings and structures and their height on to execute the approved works in such stages the subject plot(s) and on the abutting plots, as shall be written as a condition of approval as existing at the time the application for the in the Building Permit. No subsequent stage Building Permit is made, shall commence before the works executed in (2) Architectural and structural design and the previous stage have been inspected and ap- technical specifications for all new construc- proved by KMC. tion works proposed and for all changes and modifications to be made to existing buildings 48. Execution of the Construction works shall and structures, commence within one (1) year from the date of (3) Any variation to the existing vehicular ac- issue of a Building Permit. In case of particu- cess and to the number and location of ve- lar and unforeseen circumstances, upon the hicles proposed to be parked on the plot(s), owner(s) written request, KMC may, condi- (4) A cost estimate of all works of the project tionally, extend the validity of the Building prepared and signed by a KMC licensed build- Permit by one (1) more year. ing engineer or registered building contractor 49. In the event construction works are inter- 43. Upon receipt of the application for a Build- rupted for more than 6 months, the Building ing Permit, KMC shall verify if the proposed Permit issued for such works automatically development and all constructions agree with the expires. The works shall not be resumed before provisions and standards laid down in: a new Building Permit has been applied for and a. this ordinance, been issued, or the existing Permit has been b. the Nepal Building Code, extended at the discretion of KMC. c. any previously issued Building Permit(s) d. the Planning Permit, if applicable and issued, 1.13 The Completion Certificate for the development or construction for which the Building Permit is requested. 50. Upon request by the applicant, KMC shall issue a Completion Certificate only after its 44. For projects located in areas where particular inspectors have inspected all works after their development restrictions apply, before issuing a completion and have found these to have been Building Permit KMC shall seek advice from the executed in full conformity with the conditions competent agencies that have the lawful right to of the Building Permit.
$=' 51. No building or structure shall be occupied Ordinance. or used by the owner, or by any other persons, c. a misrepresentation of facts in any of the before a Completion Certificate for such build- application forms, plans or other documents ing or structure has been issued by KMC. submitted by the applicant when applying for a Planning or a Building Permit, 52. The owner of a building or structure will d. failure to submit structural plans, design, not be permitted to sell the appurtenant land or calculations and other particulars as request- to make any future change in the use or physical ed by KMC to demonstrate full compliance form and contents of such buildings or structure with the provisions of the Building Code. before a Completion Certificate for the erection or any subsequent modification of that building 55. Any person that takes, without permission or structure has been issued by KMC. of KMC any action of development or construc- tion that is contravening the provisions of this 1.14 Transition Rule Ordinance or the Building Permit, KMC may impose on such person a penalty or imprison- 53. Land, developed and permanently used at ment, or both, not exceeding: the time of promulgation of this Ordinance, a. penalty of Rs 100,000 and/or imprisonment but since then in contravention of any of the for a term of one(1) year of for any develop- regulations of this Ordinance, shall be allowed ment or the construction of any building to continue to be used for existing and ongoing without a valid Planning Permit or Building activities under the following restrictions: Permit, a. non-compliant use of land or buildings shall b. a penalty of Rs 100,000 and/or imprison- not in any way be expanded, intensified or ment for a term of one (1) year for exceed- changed into other non-compliant use, ing the maximum permitted FAR, PCR, and b. existing buildings and structures shall not building height. be changed or expanded and no works shall c. a penalty of Rs 50, 000 and/or imprison- be executed other than serving their upkeep ment for a term of six (6) months for using and regular maintenance. land or a building for a non-permitted land c. no new buildings or structures shall be con- use, structed for non-compliant uses, d. a penalty of Rs 100,000 and/or imprison- d. non-compliant use(s) will become illegal ment for a term of one year for infringing and shall be terminated upon deceased of the Building Code, the owner or tenant of the land or upon the e. a penalty of Rs 50,000 and/or imprisonment change of ownership of the legal or physical for a term of six (6) months for obstructing person making non-compliant use of the action taken by KMC to undo or rectify any subject land, building or structures, illegal development or construction. e. from the date a non-compliant use has f. a penalty of Rs 50,000 and/or imprisonment become illegal, for whatever reason, such for a term of six (6) months for infringing use shall be terminated within maximum any other provisions of this Ordinance. 6 months, upon which all those measures shall be taken necessary to convert the land, 56. The owner of any building or structure that buildings and structures to legal use. is being constructed or altered, or has been con- structed or altered without a Building Permit or 1.15 Sanctions and Penalties in contravention of the provisions of this Permit or this Ordinance, may be instructed by order 54. The Building Permit may be revoked by of KMC to demolish part or the whole of that KMC if there is: building or structure at his/her own expense, to a. a breach of a term or condition of the Plan- be commenced within 35 days. By defaulting ning Permit or the Building Permit, to obey this order, KMC will have this order b. a contravention of the provision of this executed by its Public Works Department on
! " #$% & $== behalf of, and at the expense of the owner. west thereby relieving traffic in the city center. 57. Any building or structure that is found to be in a condition or being used for an activity not c. Sustainable use of natural resources as more in compliance with the Building Permit issued open spaces forest habitats and production for that building or structure, or is in the opin- areas are recovered and preserved. ion of KMC’s building experts unsafe for public use, may be ordered: d. Reduced air and water pollution as mitiga- tion measures through land use regulation » to be disconnected from public water and takes effect electricity supply or » no longer to be used or inhabited and be e. Enhancement of the overall physical and closed up until such date that return to the aesthetic attractiveness of the city to the approved use or alterations and/or repairs residents and visitors because of orderly have been carried out to the satisfaction of defined land uses and the integration of KMC, or disaster risk management, reduction and » to be demolished if such buildings or struc- mitigation measures resulting to personal ture is found to be in state beyond repair. safety and protection of property from the risk posed by natural hazards that may oc- 1.16 Appeal (As outlined in the draft KUPBR, curs. Sec. 1.14) f. Acceptance, strengthening and mainte- 58. An appeal to an order issued by KMC nance of KMC’s leading role in the Kath- regarding any sanctions imposed under Section mandu Valley area and in the national 55, 56 and 57, shall be filed with the Appellate scene and as the focal point of global atten- Committee as prescribed in Section 20 of the tion. Town Planning Act, 1998, within 35 days from the date of receiving such order. g. Increased investments, from local and foreign investors as they see and follow the PART 2: RISK-SENSITIVE LAND USE orderly physical growth within Kathman- PLAN du, which would result in more job oppor- tunities generated. Note: With Reference to Chapter 5 of the RS- LUP report h. Increased revenue for KMC, as more eco- nomic, social, cultural and physical growth 2.1 Expected Impact of the Land Use Plan is induced thereby creating more oppor- tunities to provide adequate services and This Ordinance aims to realize a risk-sensitive facilities for the KMC communities and its land use plan that can provide among others: constituents.
a. Access of people to city-wide services due to i. Capability and capacity to be resilient in decentralized front-line offices of city hall, the face of risk and events brought about public markets, shopping centers, tertiary by natural hazards. schools and hospitals, police and fire protec- tion offices. 2.2 The Risk-Sensitive Land Use Map The Risk-Sensitive Land Use Map, herein at- b. Reduced traffic congestion in the Core Area tached as Figure 2.1, is hereby formally adopted as the new urban nodes intercept inbound by the City Council to guide KMC’s growth traffic from the north, south east and south- and development over the next ten years (2010- 2020). The same map may be reviewed and
$=" updated every three or five years) in accordance mitigate or reduce the effects of disasters. with the provisions of the LSGA and this Ordi- nance. 3.2.3 That in its disaster risk management program and action plans, the involvement and PART 3: RISK-SENSITIVE LAND USE commitment of all in the community -- indi- POLICY FRAMEWORK viduals, families, neighborhood, ward, institu- tions and non-government organizations-- is Note: With Reference to Chapter 5 of the RS- a must for risk reduction and mitigation, and LUP report therefore, every effort shall be made to encour- age participation and require compliance for the 3.1 Introduction fulfillment of the provisions of this Ordinance in order to prevent hazards, natural or otherwise, 3.1.1 This Ordinance recognizes the need from causing emergencies and ultimately disas- to chart a course of action for the sustainable ters. growth of KMC in pursuit of its vision as a “A tourism center based on heritage and culture 3.2.4 That this Risk-Sensitive Land Use Plan with healthy, responsible and economically and its accompanying zoning ordinance and active citizens living in a clean safe and disaster- regulations on the use of land and construction resilient environment.” To this end, the KMC of buildings are to be disseminated to all sectors has decided to manage and take public control of the KMC through trainings and workshop, over the direction and pattern of development and to the communities and wards through in the city through the Risk-Sensitive Land Use information and education campaign, and that Plan that has been adopted and approved by the these disaster risk reduction measures are to be City Council. regularly monitored, evaluated, and modified as the need arises to lessen the likely effects of 3.2 Policy Statements emergencies.
3.2.1 That within the territorial jurisdiction PART 4: LAND SUBDIVISION AND of KMC, the city has the authority to prescribe ASSEMBLY REGULATIONS and that the citizens have the duty to follow reasonable limits and restrain on the use of land Introduction and appurtenant structures built upon such land so that: This part of the Ordinance contains general regulations for the subdivision of land into » Protected areas are respected and preserved two or more plots, and for the amalgamation for the benefit of all. of land of different owners into a single hold- » Production areas are used sustainably so that ing (land pooling), both action with the intent the needs of the present and future genera- of subsequent development of such land. The tions will continue to be adequately met; land subdivision regulations as contained in the » Settlement areas are made livable and wor- existing Building Bylaws have been completely thy of human dignity, and revised and updated. The need for land assem- » Infrastructure is adequate, efficient and bly regulations only emerged after a number of befitting of a modern city. experimental land pooling projects in Kathman- du Valley were successfully implemented. The 3.2.2 That it is the responsibility of KMC to 3rd Amendment of 17 April 1998 of the Town ensure the safety and security of its citizenry, Planning Act, once published in the gazette, its resources and the environment against the provides the legal framework for land assembly effects of natural hazards and, by all means, projects. Similarly, the Apartment Ownership shall prepare the necessary measures to prevent, Act of 1997 deals with joint ownership of real
! " #$% & $=@ estate and is a helpful instrument for disallowing future plots uniquely served by this ROW. further subdivision and fragmentation of land and existing buildings. 4.1.3 For reasons of vehicular access and cir- culation and public convenience and security, PART 4: LAND USUBDIVISION AND AS- the minimum width and maximum length SEMBLY REGULATIONS to which an access road shall be constructed depends on: Note: With reference to PART 5 (4): LAND SUBDIVISION AND ASSEMBLY REGULA- a. the type of land use served TIONS b. the type of road: dead-end, single-way or two-way road As outlined in the draft KUPBR, Part 4. c. the number of plots or dwellings served by a single access road. 4.1 Means and Standards of Plot Access The minimum standards that shall be adhered 4.1.1 No land shall be subdivided or developed to for ROWs serving access to residential and without each plot having access provided by a non-residential plots are prescribed in Table 4.1 public or private ROW of prescribed minimum and 4.2 and Sections 85 to 88. standards. 4.1.4 For the siting of building which will at- 4.1.2 No building or structure shall be construct- tract large numbers of people and vehicles, such ed on any plot in such a manner and location as schools, hospitals, cinemas, theaters, confer- as to obstruct or foreclose the construction and ence halls, exhibitions centres and shopping effective use of an existing or future ROW of re- centres, KMC may require, particularly de- quired standards to provide access to existing and pending on local traffic and parking conditions, higher or additional standards of access than 4 :%$ * & /0 + )) ) 4$ . /C 8 3 . ! . . /C /C $ 9 8 )F ? * M N )* 8 F* 9 F M N 9* 8 +** > * $ 8 D* 8 +** > * $ 8 )** 8 )F* D *
4 :%! /0P & )) ) 4$ . " - ! . . /C /C ! ' ( [+** H > +** -[F* H / [F** H D )F* -[)F* H [)F** H +9 F** -[+*** H . +9 F** $ +9 F** \)*
$"# + :%$ % & ())
+ :%! 2+ & )) prescribed in Table 4.2 while the adjoining setback line should be splayed as a straight line over the full length 4.1.5 For the purpose of drainage, a dead-end of the arc as shown in Figure 4.2 road shall be designed and constructed so that the road surface at the dead end is at higher 4.2 Plot Development level than that of the intersection with the drainage of the area served by such road, subject 4.2.1 No land shall be subdivided and devel- to approval by KMC. oped:
4.1.6 Dead-end roads with a length of more a. in areas subject to flooding than 25m shall at the end be provided with a b. on slopes steeper than thirty (30) degrees, turning circle with a diameter of min. 9m, or c. of which surface water cannot be naturally with a “hammer head” of minimum 12m wide drained to an existing drain, to the ROW as shown in the Figure 4.1. giving access to such plot, or when this water will, or can be expected to flow into 4.1.7 Access roads shall further meet the follow- neighboring plots, ing design requirements: d. if the soil is unsuitable for building con- struction due to contamination, insufficient a. at intersection with other roads, both the bearing capacity or other pertinent reason as edges of the access road and the adjoining determined by KMC experts. from setback lines shall be played using the prescribed angle and dimension as shown 4.2.2 Minimum plot size. No development is in Figure 4.2. Only the curve of the road permitted of plots with a size of less than 80 may be rounded, instead of splayed, not the square meters for whatever land use, except with setback line. special permission by KMC for low-cost housing b. Curves in the alignment of an access road realized through a comprehensive development shall have a radius, measured from the in- project. side edge of the ROW, of not less than 6 m,
! " #$% & $"$ 4.2.3 Any plot that has been developed, with or provided the owner(s) of the plot(s) abutting without a Building Permit, shall not be further such building(s) agree to such building(s) and subdivided and changed of ownership unless all have stated their consent in writing addressed development conditions and standards as ap- to KMC. plicable for the original plot can also be met and maintained for each of the plots resulting from 4.3 Boundary walls this subdivision. 4.3.1 Unless otherwise prescribed by KMC 4.2.4 When through inheritance, or for any any boundary wall facing a public road shall be other reason, the ownership of a developed plot constructed of brick, stone or plastered con- needs to be transferred and shared by more than crete and not exceed a height of 2 m. All other one owner and, as a result, any part of the land boundary walls may be constructed to a height to be owned is becoming smaller than the mini- of max. 3 m of which the lower part shall be mum permissible size for plot development, such constructed in brick, stone or plastered con- plot can be legally subdivided and shall, pursuant crete from the ground upwards to a height of to the provisions of the Apartment Ownership min. 0.8 m while the upper part may e made as Act, be registered as land and building(s) held an open fence, exclusively constructed of metal. and managed as undivided estate in multiple To maintain adequate sight distance, KMC ownership. may require for corner plots that only an open wire fence be constructed from a height of 0.8 4.2.5 Plot width. The minimum width of the m above the adjoining road level. front of a plot shall not be less than five (6) me- ter for closed frontage development and eight (9) 4.4 On-site parking requirements meter for detached buildings. KMC may grant permission for lesser widths in comprehensive 4.4.1 Unless otherwise instructed on the De- development project. velopment Control Map for specific areas, the uniform minimum standard for car parking on 4.2.6 Plot depth. For small plots, within the any plot is 1 car space per 250 sq m plot area. range of 80 to 125 sq m, the depth of the plot should not be less than 1.5 times the width of 4.5 Comprehensive development the front of such plot, while for any plot the depth should not exceed three (3) times the front 4.5.1 When properly and serving multiple width. land owner or users, comprehensive develop- ment projects, either initiated and developed 4.2.7 No plots shall be permitted to discharge by the private sector or the public sector, are surface water or sewerage into a public sewer or favored and shall be encouraged by KMC public drain without permission of KMC. through providing as much technical, admin- istrative and financial support as such projects 4.2.8 In areas for which closed frontage devel- may reasonably require. opment exists or is prescribed, the external face of the side wall(s) of a building to be attached 4.5.2 Whenever a comprehensive develop- to the side wall(s) of the adjoining building(s) ment project results in simultaneous develop- shall be placed on the plot side boundary and be ment of ten (10) or more plots, or the simul- constructed in one plane without containing any taneous construction of at least 10 dwellings, windows or other permanent openings. while maintaining the prescribed minimum standards of access, parking and open space, 4.2.9 Accessory buildings, such as private garages KMC shall encourage such a project by favor- and garden sheds of a height not exceeding three ably considering an increase in the FAR, PCR, (3) meters, shall be allowed to be constructed and/or building height of maximum 30% up to the side and rear boundaries of the plot,
$"! < D* ) . D * > F F * 3 3 - U + * - 7U 9 * /. /C - #U + F - U + F - $ 3 1U? * 1U* 8 3 # +** 8 # >9 8 - # / +*? +% :%8 2+ & whatever desired, provided the conditions of the showing the road, drainage and utility networks, area and exiting development adjoining such plot subdivision, proposed land use for each land project do permit so. unit, architectural designs or guidelines and a landscaping concept. This plan, to be submitted 4.5.3 In projects for comprehensive residen- to KMC for approval, should be associated with tial development land should be set aside for a report that provides: landscaped open space and community services, primarily benefiting the residents of such proj- a. relevant planning information and develop- ect area, at the following rates: ment standards (i.e. density, min. plot size, plot coverage and floor area ratios, building Open space: Community uses: heights, parking standards, etc.) and design Up to 5 ha 5.0% principles for buildings and open spaces, more than 5 ha 1.5% b. information on the cost, financing, manage- More than 5 ha 3.5% ment and staging of implementation of the project These community services and open space, for c. a programme and time schedule of works to which land will be provided at no cost, shall be carried out by the project and those to be selected and approved by the beneficiaries be carried out by public agencies, i.e. KMC, of the project area in consultation with KMC. line agencies, utility boards, etc. These shall comprise facilities and services such d. justification of any proposed deviation in as kindergarten, primary school, temple, pati, the project from prevailing development children playground or community centre. conditions and standards applicable for the 4.5.4 For each comprehensive development project area. project a planning study will be carried out that will result in a development plan (on one 4.5.4 No legal land transaction shall take place or more maps) at a scale of not less than 1:500 for the purpose of subdivision or assembly of
! " #$% & $"8 land and with the aim of undertaking a compre- 5.2 National Building Code hensive development project before KMC has issued a Planning Permit for such a project. 5.2.1 Every building to be constructed by an individual, body or governmental agency shall PART 5(5): BUILDING REGULATIONS be designed and executed in accordance with the regulations and standards prescribed in the Introduction Building Code with particular regard to struc- tural stability, earthquake resistance and fire Each type of construction should be in com- safety pliance with the Building Regulations and, in principle, requires a Building Permit before any 5.2.2 Pursuant to Section 5.2.1 above, for construction can be undertaken. A number of Group A and Group B buildings as defined in standards in the existing Building Bylaws have Article 8 of the Buildings Act, no Building Per- been maintained while others have been altered mit will be issued before the structural design and new ones added. The Building Regulations calculations and drawings have been approved do not substitute but complement the Building by the Building Construction Arrangements Code. Consolidation Committee, or by the authority to which the power to grant such approval has 5.1 General been delegated.
5.1.1 In these Building Regulations the word 5.2.3 Pursuant to Section 5.2.1 above, for building shall also mean to include any structure, Group C and Group D buildings as defined unless otherwise stated. in Article 8 of the Buildings Act, no Build- ing Permit will be issued unless the applicant 5.1.2 Notwithstanding the provisions of Section has demonstrated to KMC that the structural 40, no building shall be constructed, expanded, design of the building(s) proposed to be con- structurally altered or any changes made to its structed meets the standards and requirements faÁade(s) and roof without a Building Permit or of the Building Code. be constructed in defiance thereof. 5.2.4 Pursuant to Section 5.2.1 above, struc- 5.1.3 Buildings should be designed, constructed tures such temples, chimneys, water towers, and used in conformity with the Land Use Regu- viewing and clock towers, bridges and pedes- lations of this Ordinance. trian overpasses shall be designed in conformity with the provisions of the Building Code, or, if 5.1.4 Buildings shall be located, designed and no adequate standards exist, in conformity with constructed in conformity with the Develop- international standards regarding earthquake ment Regulations of Part 3 and the Land Sub- resistance and fire safety. division and Assembly Regulations of Part 4 of this Ordinance. 5.3 Suitability and land for Construction
5.1.5 Notwithstanding the provisions of these 5.3.1 No development shall be undertaken Building Regulation, for any Listed Building on land that has been filled with any material or buildings located in a Protected Monument that contains organic (fecal matter, animal or Zone or a Conservation Area as referred to in vegetable) matter unless such substance has Section 68 to 70 additional development condi- been removed and the plot or site cleared com- tions apply as contained in the “KMC Develop- pletely, or the whole ground surface has been ment Controls and Design Standards for Conser- rendered innocuous and covered with a layer of vation Areas and Listed Buildings.” earth or any other suitable material which is at least thirty (30) centimeters thick.
$": 5.4 Foundations 5.6 Drainage
5.4.1 Buildings to be constructed on land that 5.6.1 Paved areas of a plot or parcel and paved has been filled in the past, with whatever mate- courtyards should be graded so as to drain rial, shall have their foundations placed at or surface water towards the nearest ROW. To below the level of the original, undisturbed soil. ensure natural drainage at all times, hard paving of these areas should be constructed at a level of 5.4.2 The foundations of any building shall not minimum 15 cm above the level of the centre extend beyond the boundary lines of the build- line of that ROW ing site except in the case of the foundation of a party wall which is being built with the mutual 5.6.2 Every building shall be provided with consent of the owners of the sites on which such adequate drainage facilities to drain off and party wall stands. convey the rain water from the roof to a street drain or other approved outlet without causing 5.4.3 Every building shall be supported by dampness or damage to the walls or foundation foundations that safety sustain and transmit to of the building or those of adjacent buildings. the ground to combined dead load and imposed In no case water shall be permitted to drop load of the building in such a manner so as not directly from the roof, or from any other part of to cause any settlement or other movement the building, on any area other than the plot on which may impair the stability of, or cause dam- which this building stands. age to the whole or any part of the building or to any adjoining building or structure. 5.6.3 No rain water from any plot shall be dis- charged into the public sewerage system without 5.4.4 If the ground adjacent to any proposed permission from the complete sewerage author- building exerts pressure upon or causes the ity. application of an undue load to any part of the building, that building or part thereof shall be 5.6.4 The finished floor level of the ground floor so constructed as to be capable of safety sus- of any main building should be elevated a mini- taining and transmitting the pressure or load mum of 30 cm above the highest point of the without exceeding the appropriate limitations of finished ground level along the outside perimeter permissible stresses. wall of such building, or above the centerline of ROW adjoining the plot at the point of access 5.4.5 Where appropriate and necessary, the ap- to the plot, whichever of the two measurements plicant must provide a structural analysis of the requires the higher floor level. building and the result of geotechnical studies done or required to be done. 5.7 Water supply
5.5. Damp proofing 5.7.1 Every building shall be provided with a piped water distribution system based on public 5.5.1 To protect any building from absorbing supply of water. The connection of any building moist from the soil, all walls rising from the to the public water supply system shall, upon foundation shall be provided with a damp proof request and approval, be exclusively made by the layer of polythene or tarfelt, bitumen panting competent water authority. or any other protective treatment of approved quality and application. This damp proof layer 5.7.2 In the event that a building cannot be shall be placed at a height between the finished connected to the public water supply system or ground level of the site and the lowest surface of its connection is delayed, the sustained supply the ground level floor structure. of water may be secured from a private source at standards to be approved by the competent
! " #$% & $"< water authority as a condition of issue of a Build- tent sewerage authority. ing Permit. 5.9 Waste Disposal 5.7.3 No any well for the collection of ground water shall be dug or drilled without permission 5.9.1 Waste generated within any building or from the competent water authority. No well on any plot or parcel shall be collected and dis- used for the supply of drinking water shall be posed off in a manner as prescribed by KMC’s closer than fifteen (15) meter from a latrine, sep- Solid Waste Department. tic tank, soak pit, refuse dump or from any other place that may cause pollution of the drinking 5.10 Building Material water. 5.10.1 For the construction of buildings only 5.7.4 Wells used for the supply of drinking water those materials shall be used that meet the should be constructed and maintained in such norms and standards as laid down by the Nepal a manner that the well water is not polluted by Bureau of Standards and Metrology. the inflow of surface water or any other potential pollutant. 5.11 Size and Height of Rooms
5.7.5 Every building shall be provided with water 5.11.1 The minimum area and height of rooms shortage tanks and pumps of such capacity as and other enclosed spaces for human occupa- prescribed by the competent water authority. tion or use shall not be less than the dimension shown in Table 5.1. 5.8 Sanitary Provisions 5.12 Light and Ventilation 5.8.1 Every dwelling shall have at least one water closet. Buildings for public assembly shall be 5.12.1 No any basement shall be designed, provided with toilets and wash basins at a ratio constructed and used as a dwelling. of one each for men and women for every 5.12.2 Every room in a building, except sore 25 seats in cinema’s, theatres and auditoriums, rooms, shall be provided with natural light and 50 seats in restaurants, cafes and clubs, ventilation by means of windows, doors or any 200 sq m or part thereof in offices. other approved openings that shall face and open upon uninterrupted air space. 5.8.2 All waste water shall be discharged into the existing public sewerage system. The connec- 5.12.3 To secure adequate access of day light, tion of any waste water outlet to the public sewer the maximum distance of a window or glass shall, upon request and approval, be undertaken paneled door to the opposite wall and to any exclusively by the competent sewerage authority. side wall of a room should not be more than 7.5m and 3.0m respectively. The maximum 5.8.3 Where no public sewerage system exists, depth of a such room shall include the depth of or in other cases where the competent author- a covered balcony, veranda or porch as shown ity is of the opinion that the outlets cannot be in Fig. 5.1 below. connected to the public sewerage system. Sewage shall be disposed of through a septic tank and 5.12.4 The total area of glass or other trans- household water through a soakpit. lucent material for the provision of day light to any room, either in a dwelling, office, shop, 5.8.4 Septic tanks and other on-site waste water industrial building and any other room used disposal structures shall be designed in accor- predominantly during day time, shall not be dance with standards as laid down by the compe- less than 15 percent of the net floor area of
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+ <%$ 2 & & + such room. 5.12.7 Toilets and bathrooms of which win- 5.12.5 For the purpose of ventilation, in any dows do not open out to external open space room - except kitchens, toilets and bathrooms - may open out to a ventilation shaft of such in- the total area of openings to external air provid- ternal dimensions as to permit adequate air flow. ed by windows, doors and vents shall not be less The appropriate dimensions shall be calculated, than 3 percent of the volume of such room ex- fully taking into account such factors as the pressed in cubic meter and the resulting valued height of the building, the number of toilets and expressed in square meter, with the exception bathrooms served by the shaft and the number of industrial buildings of which this ventilation and capacity of exhaust fans to be installed, if ratio should not be less than 5 percent. any.
5.12.6 The minimum natural ventilation area 5.13 Staircases and Balustrades provided by openings to external air for a toilet and/or bedroom shall not be less than 0.3 5.13.1 The minimum width of stairs and the square meter and for kitchen 0.5 square meter. minimum dimensions of treads and risers of stairs shall be as prescribed in Table 5.2. In case
! " #$% & $"= of curved or circular stairs the width of the treads 5.15 Fire and Lighting Safety measuring at the middle shall not less than the widths specified in Table 5.2. Riser height and 5.15.1 Every building shall conform to the tread width shall be constant in any flight of safety requirements applicable to the area or stairs from story to storey. The minimum head- type of building as specified by KMC or the room of any stair, measured from the front edge Chief Officer of the KMC Fire Brigade with a of the risers, shall not be less than two meters view to providing a greater measure of safety and ten centimeters (2.1m). to the inhabitants of such building and/or its adjoining building(s) 5.13.2 Every staircase, staircase landing, balcony, veranda and any other place overlooking an 5.15.2 All buildings of more than three storeys, internal or external void below shall be protected public assembly buildings, factories, warehouses by a handrail, balustrade or parapet with a height and workshops with more than 400 sq m of of not less than 0.9 m and shall be suitable de- floor area conform to additional fire and light- sign and safe construction. ing safety requirements, such 5.14 Electrical Installation and Plumbing Work 5.15.3 With regard to earthquake safety, KMC and other public agencies may impose spe- 5.14.1 All buildings shall be provide with elec- cific conditions and designs standards for the tricity to be exclusively supplied by the compe- installation on buildings and structures of water tanks, solar panels, antennas, billboards and 4 <%! & ) similar provisions. 4$ C 4 . 5.16 Public Safety and Limiting Nuisance 2 :F +@ )) during Construction Z $ 3 3$ +*F +: )) 5.16.1 The entire construction site, including 3 foundation excavation and temporary retaining % @* +: ))) works, shall be separated from any adjoining 8 road or property by a suitable fence or enclo- sure as to be approved by KMC. tent electricity authority. In particular circum- stances this authority may grant approval, upon 5.16.2 The owner of the land on which a certain conditions, the supply of electricity from building is being constructed or modified shall other sources at all times, during and after construction, and at his/her own expense, take all necessary mea- 5.14.2No building or premises shall be connect- sures to prevent any damage to any adjoining ed to the public electricity network other than by building or property. the competent electricity authority. Electricity connection to any building shall only be made 5.17 Unsafe Buildings and maintained by this authority when the owner of such building is in possession of a valid 5.17.1 KMC may direct the owner of any Completion Certificate for that building. building that may constitute a danger to its oc- cupants or to public safety to repair, demolish 5.14.3 All electrical and plumbing work in or deal with the building otherwise to remove any building or premises shall be carried out by such danger. competent technicians and these works shall con- form to such standards and specifications as the competent authorities may require.
$"" 7.2 LEGAL AND INSTITUTIONAL from the PWC. The Steering Committee can ARRANGEMENTS also review and recommend on the proposed future work and liaise with various development For the Review, Approval and Implementation partners and other stakeholders, under the prem- of a Kathmandu Risk-Sensitive Land Use Plan, ise of participation and collective contribution. Zoning and Building Bylaws A validation of the RSLUP with national agen- Introduction cies should be made to ensure consistency with This section discusses possible activities and re- national developmental and environmental quired legal steps to lead KMC towards adopt- strategies and regulations. This shall include ing a Comprehensive Risk-Sensitive Land Use consultations and workshops. The output of this Plan, as well as the Zoning and Building Ordi- activity shall be the identification and develop- nance that will implement it. Part of the activi- ment of integrated policies (existing and pro- ties overlap with tasks and activities indicated in posed) that shall be consistent with national Section 6 of the main report (Conclusions and and valley-wide development goals and with a Future Work). physical framework supportive of the sustain- able development in KMC and the Kathmandu Adoption, Implementation, Enforcement Valley. For the preliminary RSLUP to be useful at this point, KMC needs to endorse it and take the Together with the development of comprehen- appropriate steps for its adoption and imple- sive plans and supporting development policies mentation. While refinements, updates and ad- and frameworks, related regulation, ordinances ditional studies are warranted as mentioned in and by-laws in conformity with national laws, the core of the report (refer to Section 6), KMC regulation and practices shall similarly be pre- can initiate actions that will seek endorsement pared. This necessarily includes the development from GoN through the various agencies (i.e. of inter-institutional coordination procedures KVTDC, MOLD, MOHA and MoPPW) and and protocols. These procedures and protocols continue with its advocacy (e.g. IEC) for accep- for example may include the following: data tance, support and implementation with stake- management and information system, protocols holders. While various programs, projects and for preparation of resource maps for hazard as- activities are implemented by different agencies, sessment and risk assessment, monitoring and the role of KMC, MOHA and MoPPW in evaluation among others. the project development and implementation should be explicitly clarified along with the role Once the plans, programs, policies and support- of donors. The latter is necessary so that KMC ing implementation strategies are developed, and the higher authorities/ministries within a legal adoption of the plan within KMC (or the GoN establish a clearer role and function, possibly within the Valley) and by the relevant thereby enhancing synergy and accountability in national agencies should be included. Op- the succeeding planning and project implemen- erationalization of the plan within KMC shall tation. include trainings and competency building.
The KMC, KVTDC and various Ministry agen- The results of these activities can serve as a basis cies, and other relevant groups can review and for establishing a risk sensitive physical frame- discuss internally the current provisions of the work planning or land use planning model plan, future refinements, proposals and recom- for the country. This shall allow for a possible mended strategies provided in this RSLUP. An replication in other cities, municipalities, wards inter-institutional Steering Committee may be VDCs of Nepal formed to structure such a review and evalua- tion, with technical support and membership
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The RSLUP represents a sensible and rational do not stop at the Kathmandu boundary, and framework for KMC’s sustainable and disaster- thus approaches for disaster risk reduction and resilient development. It is based on solid plan- for effective emergency management must take ning parameters which took a significant effort a Valley-wide perspective. Thus, the compre- to collect, analyze and integrate. The Sectoral hensiveness and completeness of a risk-sensitive Profile assembles the relevant planning data in land use plan is only possible in the context of a structured document that can serve as a useful the entire Valley. Finally, this RSLUP has dealt reference to planners and policy-makers. The only with earthquake hazards. Other hazards hazard, vulnerability and risk information are including the long-term effects of climate change fully integrated in the RSLUP, serving as driv- need to be incorporated. Emergency manage- ing parameters in building the vision, strate- ment approaches must be framed in the con- gies, programs, project and activities contained text of the Valley in order to organize essential therein. Moving forward with the adoption, emergency management elements such as fire implementation and enforcement of the RSLUP fighting, search and rescue, evacuation, shelter, will undoubtedly curb the risk to Kathmandu water, health, sanitation, etc. At the same time, and build the discipline in development deci- the efforts to extend the RSLUP to the Kath- sions and approaches that has been lacking to mandu Valley will lend themselves to improving date. It is a benchmark document that hopes to and completing the current Kathmandu City fill an important gap in directing and control- RSLUP. ling sensible development within Kathmandu. In view of the above, an initial scope of future It must be emphasized that this preliminary RS- work can be structured in the following tasks: LUP should be treated as a working document. Some underlying data needs to be qualified, Task 1: Adoption, Implementation and En- completed and refined. Its biggest limitation is forcement of Kathmandu City RSLUP that it is limited geographically to Kathmandu City. Kathmandu City is physically, socially, (a) Legal and Institutional Framework - For politically and economically fully enclosed this RSLUP to be useful at this point, KMC within the Kathmandu Valley. The link between needs to endorse and formally introduce it to Kathmandu City and Kathmandu Valley are the relevant agencies of the government for vital in terms of its demographics, economy, adoption and implementation. This action does living and livelihood conditions. The RSLUP not need to wait for the RSLUP to be fully for Kathmandu City leads to the realization that refined. Engaging into the process of adoption, proposed strategies and approaches for future implementation and enforcement is crucial as it development are dependent on looking beyond would constitute the mechanism to strengthen the boundaries of Kathmandu City proper. Key the legal and institutional frameworks, which elements such as transport and housing require are currently weak in certain governance areas. a Valley-wide analysis in order to be under- Much could be learned and significant progress stood, assessed and incorporated adequately. can be made by looking at these critical com- Further, the hazards and their consequences ponents in the immediate terms. KMC can
! " #$% & $@$ initiate actions that will seek endorsement from tools, urban housing development, heritage GoN through the various agencies (i.e. KVTDC, conservation, heritage and cultural site, as well MOLD, MOHA and MoPPW). This task can be as data on infrastructure, transport, traffic, structured around a special inter-governmental utilities, water, drainage, and critical facilities. committee that involved relevant agencies with Further, information on environmental param- support from the PWC. While various pro- eters such as waste management and pollution, grams, projects and activities are implemented by and administrative management of land and different agencies, the role of KMC, KVTDC, governance structures, would be needed. MOHA and MoPPW in the project develop- (b) Collection and Updating of Resource Maps. ment, implementation and enforcement would These include maps representing geologic be explicitly clarified along with the roles of hazards, climate and metrological hazards, soil donors and development partners. and geotechnical, natural drainage, elevation, (b) Advocacy Campaign - KMC, with the sup- and other. The collection and possible update port of the national agencies and other relevant of these maps at the Valley level should provide stakeholders, should continue its advocacy for a strong basis for the identification of protected acceptance, support to and implementation areas, areas of high risk, areas suitable for post- of the strategies and provisions of the RSLUP. event shelter, areas fit for building structures, Unless the value of the RSLUP is collectively dis- and gross carrying capacity for development. cussed, understood and accepted, its implemen- (c) Collection of On-Going and Planned De- tation will be difficult. The advocacy campaign velopment Activities. This activity will collect should be based on a participatory approach and analyze the implications of the current and where the interests of the relevant stakeholders planned development projects on the RSLUP. can be merged into a consensus and ownership is These can be undertaken by various national or adequately shared. international agencies as well as the private sec- (c) Capacity Building - Training of profession- tor. Such data will help complete the RSLUP. als, including planners, engineers, architects, (d) Completion of Kathmandu City RSLUP. developers and others should be carried out to The data collected in the three activities above build the skilled resources for ownership and will be segregated into a subset that is relevant competent implementation of the RSLUP, and to the RSLUP and will be analyzed to complete for future refinements and updates. and refine the current RSLUP into a compre- (d) Development of Performance Indicators - To hensive one. This plan can serve as a basis for benchmark current status and measure perfor- other cities within the Valley to develop their mance in implementation of the RSLUP, perfor- own RSLUP. mance indicators should be developed and pilot tested in KMC. Task 3: Valley-wide Multi-Hazard Analysis and Emergency Management Task 2: Valley-Wide Data Collection and Completion of the Kathmandu City RSLUP (a) Multi-Hazards Extension: - The elements of hazards, vulnerability and risks, as well as ele- This task will involve four core activities: ments of emergency response and management, should be reviewed in the context of the entire (a) Extension and Synthesis of the Sectoral Valley. Further studies must be undertaken to Profile to the entire Kathmandu Valley - Data improve resolution of the earthquake hazard that need to be collected include geography, land (e.g., through microzonation), update building area, topography, geology, climate, demography, inventories, and bring the risk assessment of the distribution and density of population, house- Kathmandu Valley up to date. Other hazards hold characteristics, migration, special needs, such as floods, landslides, and the effects of education, health, nutrition, family planning, climate change should be evaluated and inte- and others. It also includes land use characteris- grated. tics (existing and trends), land use practices and
$@! (b) Emergency Management Considerations ity models. - As a support to emergency management, (d) Consultation Workshops and stakeholder this RSLUP only indicates possible evacuation meetings shall be held to validate the informa- routes and open areas. Their suitability and tion and traffic scenarios generated and identify, availability must be ascertained by observa- understand the implications of the outputs tions on the ground and further developed to generated. cover the entire Valley. Other elements related (e) Development of Strategies for an integrated to emergency management such as fire fight- transport and land use plan will ensure that ing, shelter, critical facilities will also need to be transport systems are sustainable for the Valley addressed. in the future. (f) The latter activities shall include the formula- Task 4. Valley-Wide Risk Sensitive Transport tion and evaluation of the valley wide risk sensi- Analysis tive transport master plan. (g) Investment programming of road develop- The future development of an RSLUP for KMC ment projects and the preparation of feasibility and the Kathmandu Valley should be integrated studies shall complete the RSTMP. This activity with the development of an efficient and simi- shall identify priority road projects for feasibility larly risk-sensitive public transportation system. studies and determine their sources of funding. Since the JICA study conducted in 1993, no other systematic study on vehicular traffic in the Task 5. Special Studies Valley has been carried out. However, ground realities have changed significantly since 1991, Various special studies will need to be under- as many dramatic changes in urban transporta- taken to confirm some key considerations of the tion have taken place within the last decade. It RSLUP. These include, but are not limited to, is therefore recommended that a strategic public the following: transportation plan be developed for the Valley that will provide a roadmap in the development (a) To address the housing shortage, especially of an efficient public transportation system. for families with lower incomes, it is suggested Such a study will constitute the backbone of a that the government pursue the recommenda- Valley-wide RSLUP. Various studies and activi- tions for multi-storey housing for KMC. Given ties will need to be undertaken to formulate a the limited amount of areas for residential risk-sensitive transport master plan (RSTMP). development expansion in KMC, the RSLUP suggests pursuing socialized housing. Possible (a) The initial activities would include a review locations and arrangements for these housing of existing studies, compiling data and prelimi- sites should be reflected in the RSLUP. nary field investigations to assess gaps in infor- (b) On-going river development plans (e.g. mation to provide a situational analysis. Dobikhola, Bishnumati, Bagmati) should be (b) The conduct of land use and inventory reviewed and incorporated as they provide for surveys shall complete the information on the visual corridors as well as vital links to the net- character, condition, and capacity, importance work of parks and open spaces in KMC. These of the elements of the road network and the river areas can serve as possible evacuation sites needed information for understanding the inter- or routes during emergencies. action between land use and transport system. (c) Historical and Cultural Heritage Preserva- This shall include the inclusion of the hazard tion. Initially this study will focus on the “core” and risk information into the traffic scenarios to area to determine the constraints and parameters be developed later. of the historical and cultural heritage in order to (c) Detailed Traffic Surveys (e.g. home interview refine the RSLUP. surveys, roadside OD surveys, traffic counts, (d) There is a need to review and refine building public transportation surveys) for calibrating codes and by-laws in order that urban forms and existing or proposed traffic demand and capac- structures are fully supportive of increased safety.
! " #$% & $@8 Local area plans or master plans should follow ing priority, followed by the completion of the zoning and land use policies, and future devel- Kathmandu-City RSLUP and its transforma- opment should be guided by these plans and tion into a Comprehensive RSLUP. ordinances. Implementation and enforcement are weak governance functions in Nepal. A full It has to be emphasized that the mainstreaming effort to develop the structures and capacity for process should continue towards further refin- enforcement should be undertaken. Without en- ing and updating this land use plan up until the forcement, the plan will just remain a document implementation stages. Hence, other stages of that sits on the shelves and makes no impact. planning such as local financial planning, proj- ect programming and budgeting, monitoring Task 6. Development of the Kathmandu Val- and evaluation programs need to be included in ley Risk-Sensitive Planning Framework Plan succeeding planning activities. (RSPFP) Concluding Statements The development of the Kathmandu Valley-Risk Sensitive Physical Framework Plan shall follow The decision to manage the city according to a similar process as the risk-sensitive land use the mandates of the LSGA provides local gov- planning conducted in Kathmandu City. How- ernments such as KMC the authority to take ever, the difference is that the basic elements of public control over the direction and pattern of planning analysis shall be the municipalities and development in their territories. Through a rig- VDCs of the Valley. It shall provide for the syn- orous risk-sensitive planning process, the local chronization and harmonization of development governments such as KMC can be proactive in programs and projects proposed from within prescribing the use of land, with the guidance municipalities up to the higher level agencies, and support of higher government offices to and shall guide the overall physical development achieve the following results: and land use planning of the municipalities and VDCs in Kathmandu Valley. It shall reinforce » Hazards such as earthquakes, floods and the current KVTDC land use plan and zoning others are accounted for and their impacts by making the land uses risk sensitive to inher- reduced with time; ent hazards such as earthquakes, floods and other emerging challenges like climate change. » Settlement areas are made livable and safe; The RSPFP shall integrate the outputs of the proposed RSTMP, along with other spatial plans » Communities and institutions are pre- from various sectors such as production, infra- pared for disasters as they understand what structure, and environment in a single physical they should do before, during and after a framework. Towards the end of the planning disaster process, the experiences learned, the framework developed and methodologies used shall be » Protected areas are respected and preserved documented and guidelines shall be prepared for for the benefit of all; planning the development and land use plans for municipalities, as well as the development and » Infrastructure support is adequately and physical framework for the Valley. These guide- efficiently provided to help a modern city lines shall supplement existing planning process become a model in the management of in the Valley and may be used for the next cycle planned change; and of planning. » Production areas are used sustainably so The proposed sequencing for the six tasks above that the needs of the present and future is presented in Table 8. A three-year project is generations will continue to be adequately proposed. However, the proposed work can met. also be undertaken in phases, with task 1 tak-
$@: Performance indicators of accomplishments in similarly be used to guide development and al- DRM by KMC and other national agencies re- location of land. The replication of the approach sponsible for land use planning, urban develop- towards the Kathmandu Valley can provide ment and DRM should be used to benchmark lessons in managing risks common to cities and the current situation and measure future prog- municipalities arising from natural hazards and ress. While being a first step, the framework for from climate change-related effects in Nepal and mainstreaming introduced in this RSLUP could beyond.
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City Diagnostic Report for City Development Strategy, A World Bank Report, KMC, Nepal, , 2001 Interviews conducted with the responsible officials and designated authorities by Dr. Marqueza Reyes and Marino Deocariza) 1. Surendra Rajkarnikar ( Section Engineer of the Urban Development Department, KMC) 2. Indra Man Suwal (Insert Official Positions and Offices connected with 3. Bijaya Subedi ,Section Officer of the Ministry of Local Development (MOLD) 4. DEPARTMENT OF ROADS (MoPPW ) By Dr, Noriel TIglao
Director General Tulasi Sitaula, Senior Divisional Engineer Bal Ram Mishra, Roads and Traffic Unit, Sunip Poudyal, Senior Div. Engineer, Saroj Kumari Pradhan, Unit Chief
Project Working Committee (PWC) Members & )
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$@" 27. World Bank. 2001. City Diagnostic Report for City Developmen Strategy. Kathmandu Metropoli- tan City, Nepal. 1) ) )D
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! " #$% & $@@ (%20_Based%20on%20first%20eleven%20Month%20Data%20of%202006-07).pdf
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20. Noise Pollution High in Kathmandu. [Online]. The Sunday Post, March 16, 2003, Available at: http://www.nepalnews.com.np/contents/englishweekly/sundaypost/2003/mar/mar16
21. Pradhan P.M., Solid Waste Management Crisis in Kathmandu Valley. (Online). Available at: http://archive.oneworld.net/article/view/93380
22. Public-Private Partnership Water Supply and Waste Water Treatment in Kathmandu Metropoli- tan City. (Online) Available at: http://kitakyushu.iges.or.jp/docs/sp/water/2%20Kathmandu. pdf
23. Shakya, Purusotam. 2003. Air pollution in Kathmandu Valley. [Online]. Available at: http:// www.unescap.org/esd/environment/kitakyushu/urban_air/Kathmandu%20Final.pd
24. Solid Waste Management and Resource Mobilization. Diagnostic Report On State Of Solid Waste Management In Municipalities Of Nepal. 2004. [Online]. Available at: http://www.mld.gov.np/ swm/relatingdata.htm
25. The School Earthquake Safety Program. [Online]. Available at: http://emi.pdc.org/ soundpractices/Kathmandu/SP1-KMC-School-Safety-Program.pdf
26. Weise, Kai. 2007. Series on the Management and Conservation of World Heritage Sites Work- shop on World Heritage Management Over Time- maintaining Values and Significance, April 15-20 2007, Hiroshima, Japan. [Online]. Available at: www.unitar.org
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planning.
Annex A. Peer Review (i) Review the evaluation and selection process in determining the preferred spatial strategy “Mainstreaming Disaster Risk Reduction in (j) Review KMC Risk Sensitive Land Use Plan Megacities: A Pilot Application in Kathmandu, document and corresponding model zoning Nepal, Phase 2 Report” ordinance to:
Dec 2009 Draft i. Evaluate the overall relevancy of the data used, methodology applied, and conceptual frame Kenneth C. Topping, FAICP work implemented. Topping Associates International ii. Review the applicability in term of the docu- December 6, 2009 ment’s ease of use by KMC planners. iii. Review the overall content to insure that Introduction and Approach the content is in line [with] acceptable land use planning practice. This is one of several external review reports on the second phase of the project titled “Main- Overview streaming Disaster Risk Reduction in Mega- cities: A Pilot Application in Metro Manila, The Phase 2 Report generally continues the same Philippines and Kathmandu, Nepal, to under- general level of excellence established in the take specific disaster reduction endeavors and to Phase 1 report in 2008. It provides an insightful strengthen their disaster management capabili- overview of governmental land use planning in ties. Under a contract executed in July 2009, Kathmandu Municipal City (KMC) under the Section 2.1-A2 of the contract scope of services Local Self Government Act (LSGA) of 1999, calls for the following task requirements regard- By-Laws for Construction in Kathmandu Valley ing external review of Kathmandu- Develop- of 2007, and Kathmandu Valley Town Develop- ment of Risk-sensitive physical land-use plan: ment Act of 1976.
(f) Review the conceptual frame on Risk sensi- General Comments tive land use planning process and provide comments to operationalize the framework in Overall, this is a very professional planning context of KMC based on the situational analy- report with substantial depth of thought, given sis done by the team. inherent limitations in the situation (see Phase 1 External Review, dated February 24, 2008). It (g) Review the KMC updated profile in order lays a useful foundation for continued risk sensi- to identify the gaps in the data that may have tive land use planning, regulation, and commu- significant impact on the land use planning of nity improvement by KMC, and establishes a the KMC. potential model for use by other jurisdictions in the Kathmandu Valley, including KVTDC and (h) Review the goals and objectives of the KMC the VDCs. The following general comments and risk sensitive land use planning vis-‡-vis alterna- recommendations are related to the preceding tive spatial strategies to check if the strategies contract task requirements. are align[ed] with goals and objectives of the
! " #$% & !#$ 1. The conceptual framework on risk sensitive 4. The selection process in determining the land use planning process is sound. However, preferred spatial strategy appears to be the situational analysis raises questions about sound. the adequacy of available data by which to operationalize risk reduction strategies 5. A review of the KMC draft Risk Sensitive within this framework because of the general Land Use Plan document generally reveals absence of adequate mapping of seismic, that: the overall data used, methodology flood, landslide, mudslide, and fire hazards applied, and conceptual frame work imple- mapping, (a.k.a. microzonation). The report mented are relevant and sound; the docu- mentions but does not include a Resource ment appears to be generally applicable and Map showing natural hazards information. useful for KMC planner; and the content is in line with acceptable land use plan- Recommendation: The Phase 2 RSLUP Re- ning practice. However, its utility could port should make clear the need for various be enhanced by inclusion of the following levels of government, including KMC, to changes: a) Maps and map legends should undertake systematic natural hazards map- be made more legible within this report ping in order to strengthen risk sensitive land through enlargement to full page size in use planning over time. landscape mode. b) Layout of Tables 3.5 - 3.9 risk reduction strategies and Table 5.7, 2. The KMC updated profile helps to clarify Proposed Land Use Interventions, should many elements of the Kathmandu social, be reformatted for greater utility. c) Also economic, physical, environment, and gov- needed is a thorough edit to correct small ernance treated more generally in the Phase grammatical and spelling errors. 1 Report. Data gaps impacting risk sensitive land use planning include need for bet- Chapter 1 Comments ter hazard mapping, mentioned previously. Additionally, informal building and poor Chapter 1, Planning Mandates and Approach, construction practices are mentioned, and provides an introduction to the RSLUP and attention is given to the risk reduction strate- other related plans. It contains a helpful sum- gies and land use interventions dealing with mary of overlapping national, regional and proper enforcement of building by-laws. municipal planning authorities, and emphasizes the KMC responsibility to include top-down Recommendation: Although reference is directives from various ministries and indepen- made in Chapter 5 to the need for adoption dent development authorities and bottom-up of a KMC land use and building by-law suggestions from the wards. Chapter 1 notes system, particularly in relation to seismic that risk sensitive land use planning can be ef- risk, consideration should be given to also fective when local authorities mainstream disas- placing greater emphasis on this need in ter risk reduction into ongoing activity, noting other chapters of the report. The report also, however, that this is a working document should generally emphasize the importance and not a detailed and comprehensive plan. of modernization of land use, building, and construction regulations and administration Chapter 1 includes a description of the overall as an essential element supporting risk process for mainstreaming disaster risk reduc- sensitive land use planning. tion concepts into the land use planning (espe- cially Figures 1.4 and 1.5) through integration 3. Alternative spatial strategies of the KMC risk of available risk information with formulation sensitive land use planning appear to be well of a vision, goals, objectives, targets, and strate- aligned with the goals and objectives of the gies, including alternate spatial strategies and plan. approaches to selection of a preferred strategy.
!#! These products are subject to public consulta- ably taking decades to attain. tion to gain consensus for the final RSLUP product.
A major difficulty is the need to rely largely on Chapter 3 Comments the JICA seismic risk assessment of 2001 which focused on earthquakes. Data on flood and fire Chapter 3, Development Issues and Problems, hazards appears to be minimal. Another difficul- summarizes the constraints which must be ty is absence of information regarding potential overcome and opportunities for bringing KMC sources of funding for various projects. How- closer to realization of its vision. Constraints ever, this is less of an impediment in a docu- include unplanned land use, inadequate hous- ment of such broad scope and long duration (10 ing and urban facilities, industrial and residen- years), because cost estimates can be added over tial expansion, sprawling development due to time. the influx of population, increased incomes, and ethnic concentrations in the core area and Recommendation 1.1: Boundaries of KMC and its surroundings (Figure 3.6. Social Issues and other subunits of government in the Kathman- Concerns). du Valley should be made clear in Chapter 1. A major hazard emphasized in Chapter 3 is seis- Chapter 2 Comments micity, represented by a potential M8.0 Mid-Ne- pal Earthquake which would produce MMI VII Chapter 2, Vision, contains a brief vision state- damages in Kathmandu Valley. Such an event is ment prepared by various groups during the expected to heavily damage 53,000 buildings, visioning exercise held in July 2009, together and result in 18,000 deaths and 53,000 injured with descriptions of ideal measures of success persons. More common and frequent hazards are for various vision elements. The vision state- flooding, landslides and debris flows associated ment emphasizes beauty, safety, tourism, health, with the many rivers and streams in the KMC green living, robust economy, and resilient local area, along with fires occurring largely in hilly governance. Elaborating the vision statement regions where poor people tend to live. Also of are a series of vision elements and indicators concern is insufficient water supply and quality. of success for evaluating progress, consisting of a series of ideal social, economic, and physi- Figure 3.7 Environmental Issues and Concerns cal development and environmental protec- and the accompanying text succinctly summa- tion conditions against which progress can be rizes factors including shortage of habitable land, measured. Notable among these are conditions continuing loss of public open space, increasing of a self-sustaining KMC empowered to become demand for urban land, conversion of agricul- a self-reliant, effective partner in attainment tural lands, fragmentation of land parcel arising of national goals, using effective management, from inheritance, backlogs in infrastructure citizen involvement, and land use planning and development, water supply and distribution other modern tools of local governance to build problems, poor wastewater collection and treat- and sustain disaster resilience. ment, tourism and environmental deterioration, air pollution, electrical power shortages, and Recommendation 2.1: Vision statements are duping of solid wastes, perennial traffic conges- useful in identifying ideal values by which tion, risks to building and infrastructure from progress can be assessed over the long term in natural hazards. relation to pursuit of intermediate activities. Al- though it is implied, it might be helpful to state Figure 3.1.1, Critical Facilities Map, identifies more clearly that conditions envisioned are well the overall configuration of structures, natural beyond the plan’s 10-year time horizon, prob- features, and infrastructure for KMC. Other
! " #$% & !#8 concerns include loss of cultural heritage, inef- of a preferred spatial strategy. Although the fective education policy, decreasing performance procedure involved consideration of alternative of industries, and weak institutional capacities. urban forms, basic land use planning references Approaches considered include urban rehabilita- were the current KMC land us map (2008) and tion, conservation, redevelopment, preservation, KVTDC (2007) land use plan. re-blocking, and land readjustment, in combi- The difference of the preferred urban form with nation with several broad urban form strategies the other plans stems primarily from incorpora- dealing with land supply, demand management, tion of results of the 2002 Kathmandu Valley and control of sprawl. Earthquake Study results into the land use planning process. Immediate concerns include This chapter concludes with a series of mutu- reducing risk of building damage and reduc- ally reinforcing risk reduction and development ing loss of life in the core and dense residential strategies such as restricting or discouraging new areas of KMC. The strategy focuses on protect- structures in high risk areas, economic incentives ing assets, limiting further densification of the to discourage development in high risk areas, core areas, locating future structures in safe relocation of occupants in high risk buildings, and planned areas in a multi-centered series protection of critical facilities, and encourage- of growth satellites supported by a properly ment of acquisition and buying out of properties. planned transport system. These strategies are further linked to particular issues/problems, goals, objectives, and strategies Chapter 4 also notes that similar issues may in Tables 3.6 - 3.10. be faced by other urbanizing municipalities and VDCs. Common seismic vulnerability Recommendation 3.1: Although seismicity is assessments and transportation studies may properly emphasized, threats arising from climate be required to integrate these concerns across change deserve additional attention. Primary jurisdictional boundaries. Proposed strategies among these is flooding. The International Panel suggest the possibility of a phased approach on Climate Change has identified a variety of emphasizing development in KMC in the next effects of climate change, including earlier snow 5-7 years and location of future large-scale melt, heavy spring flooding, increased heat, and developments outside the city toward the end decreased water supply, leading to hazards such of the planning period. Given the vulnerabil- as such as flooding, landslides, debris flows, and ity of existing building stock within the core fires. and opportunities for meeting higher building standards in new centers, limitation of further Recommendation 3.2: Chapter 3 should directly densification within the KMC core and estab- address the need for various levels of govern- lishment of a multi-core satellite pattern within ment, including KMC, to undertake systematic and outside city boundaries is logical from a natural hazards mapping to strengthen risk sensi- risk reduction perspective. tive land use planning over time, as suggested in the Phase 1 External Review. However, the preferred urban form intensifies challenges of providing substantive policy and Chapter 4 Comments best practices guidance to staffs of KMC, KVT- DC, and the VDCs for integrating disaster risk Chapter 4, Towards a Preferred Urban Form, dis- reduction with land use planning and coordi- cusses the preferred urban form as the organizing nation across jurisdictional boundaries. It also concept for guiding the physical growth of the requires a transport system extending beyond city. The process of generating alternative spatial current limitations. Although bus systems are strategies for KMC involved balancing urban mentioned, no suggestion is made of the long- land demand and supply, overlay analysis taking term potential of developing a mass rail transit into account seismic risk analysis, and selection system for the Kathmandu Valley.
!#: Recommendation 4.1: To improve the chances scribing each policy area down to the ward level. of success for this strategy, consideration should Time and other resource constraints for Phase be given to KMC adoption of new regula- 2 have precluded the detailed surveys needed to tions, protocols and practices needed to assure prepare detailed zoning prescriptions. Therefore adequate levels of land use and building regula- only tentative and generally indicative zoning tion as well as coordination across jurisdictional recommendations are made in this chapter until boundaries. a more detailed delineation of each policy area can be made in the future. Recommendation 4.2: Consideration should also be given to the long-term possibility of de- Desired interventions for each policy area are velopment of a rail mass transit system to sup- classified into two categories: programs/projects/ port this multi-nodal growth pattern connecting activities and policy/legislation in Table 5.2, Pro- the core, the airport, satellite centers and other posed Land Use Interventions. The recommen- parts of the Valley. dations for intervention indicate policy/legisla- tive measures needed to support implementation Chapter 5 Comments of the RSLUP without spelling out all the details of such actions. Chapter 5, KMC Risk Sensitive Land Use Plan, presents the land use plan and the policy frame- In this sense the draft RSLUP actually represents work for regulation of future land-using activi- what would be known in some jurisdictions as ties consistent with the chosen spatial strategy, a “Specific Plan” which can serve as legislative with national and other higher level policies, guide to further detailed action by providing and with the vision for their city. specific direction subject to further detailed Chapter 5 integrates outputs of the planning articulation. Table 5.2, Proposed Land Use In- process, data gathered and analyzed, issues terventions, provides a broader planning frame- addressed in workshops, expressions of par- work than represented by an ordinary zoning ticipants, conditions of the city, and, using the ordinance, constituting a specific policy frame- preferred spatial strategy coordinates these into work leading to future action on more detailed the draft RSLUP. instruments, such as a zoning ordinance. Specific Plans carry a stronger legislative commitment The draft RSLUP is to serve as the long-term than an ordinary land use plan and are adopted guide for shaping the future physical growth by ordinance, thus having the force of law. of the city, and a policy framework for use by Recommendation 5.1: Following relatively mi- KMC in exercising authority in prescribing nor adjustments to its format to make it easier to reasonable restraints on use of property within use (e.g., inclusion of headings at the top of each its boundaries. The RSLUP is to be the basis column on each page), the RSLUP should be for the enactment of a revised zoning ordinance, reviewed for detailed content by the public and for the regulation of subdivision developments, the KMC legislative body, after which it should among its major applications. The RSLUP is be put considered for adoption by the legislative comprised of four component parts correspond- body as a Risk Sensitive Land Use Specific Plan ing to the major land use policy areas of settle- (RSLUSP) for KMC. ments, production, protection, and infrastruc- ture areas. These four policy areas cover all areas of KMC territory, and align the RSLUP with physical framework plans of higher governmen- tal authorities.
Chapter 5 presents detailed discussion of policy areas in terms of needed policy/legislation, de-
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