1. Applicability:– These Regulations would be applicable to the area under the sanctioned Development Plan of Vasai-Virar Sub-Region and surrounding Notified area excluding area under Maharashtra Industrial Development Corporation and Special Planning Authority, where the land has been or proposed to be acquired.
1.1 Area Requirement:– Any suitable area free from all encumbrances having sufficiently
” wide means of access (not less than 18 mt. wide) can be identified for the purpose of development as ” Special Township “.The area under the Special Township shall not be less than 40 Ha. (100acres) at one place, contiguous, unbroken and uninterrupted which shall not include the area under plantation zone, No Development Zone, Cattle Shed Zone, forest, hill top, hill slope, water bodies like river, creek, canal, reservoir, lands falling within the belt of 100 mt. from the HFL of major lakes, dams and its surrounding restricted area, lands in the command area of irrigation projects, land falling within the belt of 200 mt. from the historical monuments and places of archeological importance, archeological monuments, heritage precincts and places, any restricted areas, notified national parks, existing and proposed industrial zone, gaothan areas and congested areas, truck terminus specially earmarked on Development Plan, wildlife corridors and biosphere reserves, eco-sensitive zone/area, quarry zone and recreational tourism development zone, catchment areas of water bodies, defence areas, cantonment areas, notified area of SEZ, designated Port/Harbour areas and Recreational Tourism Zone.
1.2 Manner of Declaration:– Any area identified above and if found suitable can be notified by Government in Urban Development Department by following procedure under section 37 of the Maharashtra Regional and Town Planning Act, 1966 and also in such other manner as may be determined by it for the puprose of development as ” Special Township Project “.
However, in cases where the proposal of Special Township is submitted by the land owners by themselves or by the Developer who holds rights to develop the whole land under the Special Township, the procedure under section 37 of the said Act shall riot be necessary.
1.3 Infrastructure Facilities:– The entire Township should be an integrated one with all facilities within the boundaries of declared township. All the onsite infrastructures, i.e. roads, including D.P. roads, approach roads, street lights, water supply and drainage system shall be provided and maintained in future by the developer till urban local body is constituted for such area and the developer shall also carry out development of amenities of proposals, if any designated in the Development Plan, in accordance with the prevailing regulations.
(a) Water supply:– The developer shall be required to develop the source for drinking water (excluding the groundwater source) or secure firm commitment from any water supply authority for meeting the daily water requirement of minimum 140 liters per capita per day exclusive of requirement of water for fire fighting and gardening. The storage capacity of the same shall be at least 1.5 times of the actual regulated quantity as determined by expected population (Resident and Floating) and other uses. The developer would be required to develop proper internal distribution and maitenance system and shall specially undertake rain water harvesting, groundwater recharging and waste water recycling projects within the Township.
(b) Drainage and garbage disposal:– The developer shall make suitable and environment friendly arrangements for the disposal and treatment of sewage and solid waste as per requirements of Maharashtra Pollution Control Board. Recycling of sewage for gardening shall be undertaken by the developer.
The developer shall develop, Eco-friendly garbage disposal system by adopting the recycling and bio-degradation system in consultation with Maharashtra Pollution Control Board.
(c) Power:– The developer shall ensure continuous and good quality power supply to township area. The Developer may draw the power from existing supply system or may go in for arrangement of captive power generation with the approval from concerned authority. If power is drawn from an existing supply system, the developer shall, before commencement of development, procure a firm commitment of power for the entire township from the power supply company.
1.4 Environment:– The development contemplated in township shall not cause damage to ecology. Environmental clearance shall be obtained from the Ministry of Environment and Forest, Government of India (MOEF) as per directions issued by the MOEF’s Notification dated 7th July 2004 and as amended from time to time. The Township shall provide at least 20% of the total area as parks/gardens/play grounds as mentioned in 4(f) below, with proper landscaping and open uses designated in the Township shall be duly developed by owner/developer. This amenity shall be open to general public without any restriction or discrimination.
2. Special concessions:–
(a) N.A. Permission:– Non-agriculture permission will be automatic. As soon as the scheme is notified, lands notified under Special Township area as per Regulation No. 1.2 will be deemed to have been converted into non-agriculture and no separate permission is required. However, non-agriculture assessment will commence from the date of sanction of scheme as per Regulation No. 7(c).
(b) Stamp Duty:– The stamp duty rates applicable to notified Special Township area shall be 50% of the prevailing rates of the Mumbai Stamp Act.
(c) Development Charges:– A Special Township Project shall be exempted from payment of Development Charges to the extent of 50%.
(d) Grant of Government Land:– Any government land falling under Special Township area shall be leased out to the developer at the prevailing market rate on usual terms and cojiditions, without any subsidy.
(e) Relaxation from Mumbai Tenancy and Agriculture Land Act:– The condition that only the agriculturist will be eligible to buy the agriculture land shall not be applicable in Special Township area.
(f) Ceiling of agricultural Land:– There shall be no ceiling limit for holding agriculture land to be purchased by the owner/developer for Special Township project.
(g)Exemption from Urban Land (Ceiling and Regulation) Act, 1976:– Special Township Project will be exempted from the purview of Urban Land (Ceiling and Regulation) Act, 1976.
(h) Scrutiny Fee:– A Special Township Project shall be partially exempted from payment of scrutiny fee being levied by the Special Planning Authority/Municipal Corporation/Municipal Council for processing the development proposal on certain terms and conditions as may be decided by the concerned Special Planning Authority/Municipal Corporation/Municipal Council functioning in the area.
(i) Floating FSI:– There will be floating FSI in the township, Unused FSI of one plot ean be used anywhere in the whole Special Township area.
(j) Special Benefits:– Special benefits, concessions in respect of Star Category Hotels, Hospitals, Multiplexes/Property Tax shall be provided.
3. Planning Considerations:– The Township Project has to be an integrated township project. The Project should necessarily provide land for following users.–
(d) Amenity Spaces,
(e) Health Facilities,
(f) Parks, Gardens and Play Grounds,
(g) Public Utilities.
4. General Norms for different land uses:– The overall planning of the special townships
shall be such that the project shall meets with the specifications, spell out in the prevailing
planning standards in respect of development Plans approved by Government. Further, the
planning of Special Township shall take care of following land uses in particular:–
(a) Residential– The residential area should be well defined in clusters or neighborhoods or in plotted development work proper road grid. Out of the total built-up area proposed to be utilized which is permissible as proportionate to zoning of area under such township, at least 60% of the area shall be used for purely residential development and further out of the total built-up area proposed to be utilized for residential development, 10% shall be built for residential tenements having built-up area upto 40 sq. mt.
(b) Commercial:– The commercial area shall be properly distributed in hierarchical
manner such as convenient shopping, community centres, etc.
(c) Educations:– Comprehensive educational system providing education from primary to secondary should be provided as per the requirement. The area allocation should be on projected population base and as far as possible the educational complex should not be concentrated at one place. All such complexes should have adequate allocation area for playground. Minimum area required for educational purpose shall be as per prevailing planning standards.
(d) Amenity Spaces:– The area allocation for amenity space providing amenities like markets, essential shopping area, recreation centers, town hall, libraries etc., should not be less than 5 % of gross area and should be evenly placed.
(e) Health Facilities:– Adequate area allocation for health facilities for primary health shall be provided. Minimum area required for health facilities shall be as per prevailing planning standards.
(f) Parks, Gardens and Play grounds:– The Township shall also provide at least 20 percentage of the gross area of township as parks/gardens/play grounds without changing the topography. This should be exclusive of the statutory open spaces to be kept in smaller layouts and should be distributed in all residential clusters. This 20% area should be developed by the developer for such purposes and kept open to general public without any restriction or discrimination.
(g) Public Utilities:– Appropriate area allocation should be provided for (a) power receiving station/sub station, (b) water supply system, (c) sewerage and garbage disposal-system, (d) police station, (e) public parking, (f) cemetery/cremation ground, (g) bus station, fire brigade station, and other public utilities as per requirements.
(h) Transport and Communication:– The entire area of township shall be well knitted with proper road pattern, taking into consideration the linkages with existing roads within the township and in outside area as well. All such roads shall be developed by the developer as per standards and road widths shall be as given below.–
Classified Road– As prescribed.
Main Road l Ring Road– Minimum 18 to 24 meter wide.
Internal Road– As per prevailing bye-laws applicable to Development Plan subject to minimum road width of 9.00 mt.
(i) Service Industries:– In the Special Township area, lands required for commercial uses, industrial uses, permisible in residential user, may also be, earmarked,. Provided the predominant land use shall be residential use.
Notes:– (i) All the amenities referred to above shall be inclusive of designated amenities and amenity space required as per regulations of Development Plan.
(ii) Location of Development Plan reservation can be shifted anywhere in the Township Area with the approval of the Special Planning Authority.
(iii) Development Plan reservations in the Township area, shall not be handed over to the Special Planning Authority but the same shall be developed by the developer for the designated amenity.
(iv) Development Plan roads in the township area shall be developed and maintained by developer, and the same shall be always open for general public without any restrictions thereupon.
(v) Minimum parking shall be provided as per the development control regulations prescribed under the Development Plan provided that for hotels, restaurants, colleges, schools, educational institutes, hospitals, polyclinics and diagnostic centres, offices, Mangal Karyalayas, town.halls, clubs etc. onsite parking shall be provided. For buildings having mixed users, regular parking area of 3.0 mt. wide strip within the area along the road on front side shall be provided for visitor’s parking.
5. Development Control Regulations:– Prevailing Development Control Regulations of sanctioned Development plan as well as provisions of MOEF, CRZ notification dated 19th February 1991 amended from time to time shall be applicable mutatis mutandis except those expressly provided in these special regulations.
5.1. Special Township in Residential, Residential with Green Zone:– (i) The total built-up Area/FSI of entire gross area of the Special Township declared as per Regulation No. 1.1 excluding the area under Green Zone, if any, included in the project shall be 1.00. The FSI for areas outside the CRZ limits from Green Zone if any included in Special Township Zone shall be 0.5 in proportion to the area of these Zones. There will be no limit of total built up Area/FSI for the development of individual plots. Height of building shall be as per prevailing Development Control Regulations prescribed for Vasai-Virar Sub-Region. However, it may be increased subject to provisions of fire fighting arrangements with prior approval of the Chief Fire Officer, CIDCO/Municipal Council, utilization of DRC’s originated from any other area i. e. outside Special Township area shall not be permissible in Special Township area.
(ii) In case area Notified under Special Township falls partly in Residential Zone and partly in Green Zone, the provisions applicable to such scheme shall be proportionate to the area under the respective zoning as per the sanctioned Development Plan.
(iii) Special Township in Special Residential Zone shall be permissible as per (i) above subject to restriction on the tenement size as per DCR applicable to Vasai-Virar Sub-Region as amended, from time to time.
(iv) Special Township, in Low-Density Residential Zone shall be permissible as per (i) above subject to restriction of the FSI prescribed in the DCR of Vasai-Virar Sub-Region as amended, from time to time.
5.2 Special Township in Green Zone:– (i) Development of Special Township Project in Green Zone, contained in the Development plan shall be permissible subject to conditions that 50% of the gross area of the project shall be kept open while the project of Special township shall be executed on the remaining 50% land with gross built up area/FSI of 0.50 worked out on the entire gross area of the project. Further, while developing such projects, it would be obligatory on the part of the developer to provide and develop all the infrastructure facilities including sites required for public purposes as per the prescribed planning norms. As regards 50% of land which is required to be kept open, the same shall be made free of encumbrances and no development except town level open amenities shall be permissible therein.
(ii) All provisions of Regulations except 4(f) shall apply to the development of Township in area lying outside the CRZ limits from Green Zone.
5.3 General Regulations:– (i) In the event special Township project contains sites reserved for public purposes (buildable reservations) in Development Plan, for which the Appropriate Authority is any department of State Government/Central Government or any Government Undertaking, the developer shall construct the amenity as per requirement of the concerned department and handover the constructed amenity free of cost to that Department. Upon such handing over the constructed amenity the developer would be entitled to utilize additional floor space over and above the FSI permissible (equivalent to the built up area of the constructed amenity) anywhere within the Special Township Project.
(ii) In every Special Township proposal the structural designer of developer has to submit declaration, with project report to the Special Planning Authority/concerned Municipal Council about the construction of building as below:
”I have confirmed that the proposed construction in the scheme is as per norms as specified by Indian Standards Institutes, for the resistance of earth quake fire safety and natural calamities’:
(iii) Upper and lower ground floor type construction shall not be allowed.
(iv) In Special Township Schemes under Residential Zone/Urbanisable Zone and Green Zone, trees at the/rate of minimum 150 trees per ha and 400 trees per ha. respectively shall be planned and maintained by the developer.
(v) Once the proposal for Special Township is granted by the Government under Regulation No. 7 (a) no change of zone proposal in such Township area shall be considered by Government.
6. Sale Permission:– It would be obligatory on the part of the developer firstly to provide for basic infrastructure and as such no permission for sale of plot/flat shall be allowed unless the basic infrastructure as per Regulation No. 1.3 is provided by the developer to the satisfaction of the Special Planning Authority. In case the development is proposed in phases & Sale permission is expected after completion of Phase-wise basic infrastructure, such permission may be granted by the Special Planning Authority. Before granting such sale permission, developer has to submit undertaking about the basic infrastructure to be provided & completed phase-wise. The Plots earmarked for amenities, facilities, and utilities shall be also simultaneously developed phase-wise along with residential and allied development.
(a) Locational Clearance:– The proposal for development of Special Township alongwith details of ownership of land or Development rights of lands in the proposed scheme, site plan, part plan of sanction development plan, shall be submitted to Government in Urban Development and a copy to Director of Town Planning, Maharashtra State, Pune, Environment Department of Maharashtra State, for grant of Locational clearance, upon receipt of such proposal, depending upon the merits of the case, Locational clearance may be granted by Government under section 45 of Maharashtra Regional and Town Planning Act, 1966 in consultation with the Director of Town Planning and Environment Department and other respective departments of the State Government within a period of 90 days from the date of receipt of the proposal and after completion of all prescribed procedure specified in Regulation No. 1.2 above and compliance of any such- document as may be required by Government. This Locational clearance will be valid for one year from the date of issue and if within such period, the letter of intent and final approval is not taken or not applied for, such clearance/approval will stand lapsed unless it is renewed by Government for sufficient reasons. Application for renewal has to be made to Government before expiry of one year. These special Regulations shall not be applicable to the area where such clearance/ approval have lapsed.
(b) Letter of intent:– Upon receipt of Locational Clearance from the Government, the developer shall submit the proposal in respect of Special Township to the Special Planning authority alongwith the environmental clearance as mentioned in Regulation No. 1.4 for issue of letter of intent. The proposal shall contain ownership rights/development rights, document in respect of at least 50 Percentage of area under scheme and other particulars as decided and directed by the Special Planning authority, details of qualified technical staff and consultants in technical and law field. Letter of intent shall be issued within a period of 45 days from the date of receipt of the final proposal, complete in all respect. The letter of intent shall be valid for six months unless renewed.
(c) (i) Final approval:– The Developer shall submit the layout plan of the entire township area, sector-wise detailed building plans and details of phasing for final sanction to the Special Planning authority. The developer shall also submit an undertaking and execute an agreement about development and maintenance of basic infrastructural amenities in future with bank guarantee of 15 Percentage of its development costs. The Special Planning authority shall conduct proper enquiry and ensure the correctness of title and ownership etc., only after such verification, the Special Planning Authority shall grant approval to layout plan and sector-wise detailed building plan in consultation with Divisional Deputy Director of Town Planning, within the stipulated period on terms and conditions as may be determined by the Special Planning authority. The ‘period required for Technical consultation with Deputy Director of Town Planning, Konkan Division, Konkan Bhavan, Navi Mumbai shall not be computed.
Anyone aggrieved by an order passed under prevailing Development Control Regulations may, within forty days of the date of communication of the order prefer an appeal to the State Government.
(ii) Every application shall be accompanied by.–
(a) Ownership Document:– 7/12, extract/Property Card, ownership right document in original with list of such documents.
(b) Extent of area:– Village maps showing the extent of area and authenticated measurement plan/gut book of the land in original and list of such documents.
(c) Authenticated copies of Locational Clearance and Letter of Intent.
(d) Layout and Building:– (i) Layout plan showing all details of area utilized (prepared and signed under roads, open spaces, parks, garden, playgrounds by Experts in respective and other amenities.field and team headed by an Architect/Town (ii) Detailed layout plans, building- plans of all development Planner). with area of all sectors and individual plots and built-up area/FSI proposed on each sector and plot.
(iii) Detailed Report comprising of expected population, – requirement of amenities, proposed amenities with reference to prevailing planing standards approved by Government, sources of all basic amenities and details of implementation, maintenance, taxation etc.
(iv) Details of zoning and area under such zone.
(v) Details of FSI/Total built-up area proposed to be utilized in the scheme.
(vi) Details of Eco friendly amenities provided.
(vii) Plan showing road hierarchy and road widths, pedestrian facilities, street furniture, plantation, side walk-ways, sub- ways with details.
(viii) Details of solid waste management plan.
(ix) Plan showing HPL of major lakes, river if any certified by irrigation department.
(x) Pian showing details of distribution of total built-up area/space.
(xi) Plan showing water supply distribution system, including reservoirs, recycling system, details of rainwater harvesting system.
(xii) Details of storm water drainage scheme.
(xiii) Details of fire fighting mechanism, fire brigade station.
(xiv) All other documents as determined and directed by Special Planning authority.
Note:– The above prescribed periods shall be computed after compliance of all the requirements listed above and any other additional information called for from the owner/ developer by the Government/Collector/Commissioner.
8. Implementation and completion:– (i) Development of Basic Infrastructure and Amenities shall be completed by the developer to the satisfaction of the Special Planning Authorities, as per phase of scheme, Development of the scheme shall be completed within 10 years from the date of final sanction to the layout plan of scheme.
(ii) No building in the scheme is permitted to be occupied in any manner unless Occupancy Certificate is issued by the Special Planning Authority.