For building(s) or part thereof constructed in urban areas, prior to the enforcement of these rules, shall not be disturbed or affected by any means of these rules.
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5.
PART II Building A. BUILDING SITES Criteria of using a piece of land as a building site.
(1) No piece of land shall be used as a building site in ULB areas unless the ULB is satisfied that —
(a) land record is in conformity with the proposed construction and the plot of land is at least 100 sq. mt. in area for residential purposes and minimum 40 sq. mt. for the purposes other than residential purposes.
Provided that for plot size from 50 sqmt to less than 100 sqmt for Residential purpose and plot size less than 40 sqmt for other then residential purpose, construction upto single storied may be permitted subject to fulfillment of other provisions of these rules.
(b) the level of the land is not lower than the level of the approach road or the means of access on which the site abuts.
(c) the land is capable of being well-drained by means of drainage facilities leading to existing public drains of drainage channels;
(d) “the soil of the site should be capable of sustaining the construction and the building thereon under all conditions";
(e) where the site is within 5.00 meters of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank;
Explanation: — Soil will also include rocks, boulders, laterite, etc.
(2) No piece of land in the concern ULB area located in a sinking zone or central business area, as determined by the local bodies, shall be used as a building site without prior approval of the State Government;
provided that for construction of any building on any piece of land in the ULB of the hill areas, prior investigation and testing of soil by a Government recognized investigating and testing organization, in respect of land shall be made;
(3) No piece of land where a closed, sick or other industry is located or is in operation, shall be used as a site for construction of any building other than Industrial purpose.
(4) No separate Non Agricultural (NA) permission shall be required in case land falls in the residential zone earmarked in the Master / Development Plan of the city/town, if exists.
Applications for approval of Buildings sites.-
(1) Every site plan, shall show or state on the body of the drawing of the site plan the following:
(a) the boundaries of the site and of any contiguous land belonging to the owner thereof with number assigned to plot/premises;
(b) the position of site in relation to neighboring streets with dimensions;
(c) the name of the street on which the site abuts;
(d) the position of the building and of all other buildings including existing buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause (a) in relation to (i) the boundaries of the site and, in case where the site has been subdivided, the boundaries of the portion owned by the applicant and also the portions owned by the other owners, and Page 15
6.
(ii) all adjacent streets, buildings and premises within a distance of
12.0 meters of the site and of the contiguous land (if any) referred to in clause (a);
(e) the use or occupancy of all the other existing buildings;
(f) the direction of North point;
(9) the means of access as per rules 46 and sub-rules thereon from the street to the building(s) and to all other buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause(a);
(h) the schematic position and approximate height and the number of storyes of all other buildings within 12.0 meters of the site;
(i) the free passage or way in front of the building;
(j) the width of the street(if any) in front and at the rear of the building;
(k) the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;
(I) the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipe line will be laid, if piped water supply is envisaged;
(m) the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved;
(n) “areas of distress”;
(0) such other particulars as may be prescribed by the local bodies;
(p) the location of power-line, water line, sewer line, natural drainage channelljhora road side drains, protective works;
(2) in case of a promoter submitting site planl building plan for approval, all provisions made in the updated version of Tripura Building Rules shall apply;
(3) Every application made under Rule 5 shall be written on printed Form-A to be supplied by the ULB on payment of an amount not less than Rs. 10/— only.
Further information reguired to be submitted by applicant.- Within 15(fifteen) working days from the date of receipt of an application for approval of building site, the competent authority may required the applicant —
(a) to furnish him with any information on matters referred to in these rules which has not already been given in the documents there under; or
(b) to satisfy him that there are, no objections which may lawfully be taken to the approval of the site.
Incomplete or defective information. —
(1) If any information or document required under these rules is, in the opinion of the Local Body, incomplete or defective, it may within 15 (fifteen) working days from the date of receipt of the same, require further information or documents to be furnished.
(2) If any requisition made under these rules is not complied with within 1(one) month, the application for approval of the building-site may be refused.
Signature on approved site plan.- When the competent authority has approved any site plan, the approved plan/ plans shall be signed by such officer as may be authorized in its behalf and in such manner as may be directed and two copies of approved site plan will be returned to the applicant.
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9. Control of development of parks, public open space, ponds, wetlands, canals, river and other water front and brick fields —
(1) For the purpose of these rules, public open space shall mean any open space which is open to the use of enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not.
(2)(a). Generally, parks and public open spaces shall classified for the purpose of these rules into three following groups:-
(i) the parks and public open spaces with area to 1500 Sq.m. shall be termed as small park and public open space;
(ii) the parks and public open spaces with area more than 1500 Sq.m. but up to 7000 Sq.m. shall be termed as medium parks and public open spaces;
(iii) the parks and public open spaces with area more than 7000 Sq.m. shall be treated as large parks and public open spaces.
(b) The structure above ground level shall be subject to the following provisions:
No structure other than the following shall be permitted in parks and public open spaces;
(i) statue of public interest;
(ii) structure related to play equipments and fixtures;
(iii) structure related to public amenities provided that the height of such building shall not exceed 4.00 meters and that total area covered by such building shall not exceed 10% of the total of the small parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces.
(iv) Boundary wall with maximum height of 1.50 mt.
For the purpose of calculation of total area of parks and public open spaces, as aforesaid, the area of water body, if any, shall be excluded.
(0) The underground structure shall be subject to the following Provisions:
(i) no underground structure shall be allowed in small and medium park and public open spaces;
(ii) In large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem.
(3) No canal, pond, water body, wetland, river lets, jhora, water source, natural spring, streams, drains, culverts shall be filled up provided that after taking due consideration of the existing relevant Acts, the drainage slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration and for reasons to be recorded in writing the Local Body with the prior approval of the State Government may allow any canal pond, rivulets, streams, rivers, flood plain area to be filled up.
(4) In the case of a building in the zone of river (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres), -
(a) the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building on stilts, the maximum permissible height of the building shall be
6.50 metres including the stilts, the maximum height of which shall be 3.00 metres - In such building the stilted portion shall not be allowed to be walled up or covered along the sides- in such situations the stilted portion should be suitably stiffened as per provision of IS 1893:2000 to resist code based earthquake forces"
(b) no building shall be more than 20.00 metres long alongside the river or other water fronts. There shall be a clear linear gap of 50.00 metres between the two buildings alongside the river or other water front;
(c) the maximum permissible covered area of such buildings shall be 200.00 Sq.metres;
(d) the structures for recreational purpose conforming to this sub-rule may be permitted within the adjoining land.
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(5) Existing bricks fields shall be allowed to be continued as brickfields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed.
10. Sub-division of plots.
(1) No sub-division of any plot within the ULB area shall be undertaken without the prior approval of the Local Bodies.
(2) Generally —
(a) plot to be subdivided shall be termed as mother plot;
(b) Sub-division shall not be allowed if the mother plot abuts a means of access having a width of less than 3.50 metres for plains;
(c) every individual plot obtained by sub- division of the mother plot shall abut a means of access having width of not less than 3.50 metres;
(d) the junctions of means of access within the mother plot shall be provided with splayed corners measuring not less than 2.50 metres on each side;
(e) these rules shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;
(f) sub-divisions may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Local Bodies;
i. drainage facilities with pucca drain ensuing drainage of each individual plot and of the means of access and passages leading to existing public drain or natural drainage channels;
ii. all weather means of access and related protective works, if necessary along with street lighting;
iii. street and passages along with street lighting;
iv. sanitary facilities including garbage disposal facilities;
v. water supply facilities;
(9) no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 100 Sq. metres in area for residential purposes and 40 sq. meters for other than residential purposes;
(h) no subdivision of a plot shall be granted unless a detailed layout plan of the area proposed to be sub-divided is submitted before the ULB duly integrating the site layout plan with the general use of the land in the adjoining areas.
The existing street pattern as also the other physical infrastructures facilities like drainage, sewerage, water supply, electricity supply with location of high tension or low tension electric line with poles axe also required to be shown.
(3) The maximum permissible length for the means of access shall be as given in the following table;
Maximum length of the means of access Width of means of access. For means of access closed at one end.
For means of access open to street at both ends.
(1) 3.50 metres and above but not more than
7.00 metres.
25.00 metres. 75.00 metres
(ii) above 7.00 metres but not more than 10.00 metres.
50.00 metres. 150.00 metres
(iii)above 10.00 metres. No restriction. No restriction Page 18
(4) For mother plot measuring more than 5000 Sq. metres in area sub-division may be allowed, provided 8%(eight percent) the total area of the mother plot is developed as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each such open space is one parcel shall be 400 Square metres. This open space shall be in addition to the land required for providing the means of access to the individual plots obtained by subdivision of mother plot.
(5) For mother plots measuring more than 25,000.00 sq. metres in area, subdivision may be allowed, provided seven percent of the total area of the mother plot reserved for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water treatment plant, sewerage treatment plant and the like. Such land shall abut a street having a width of not less than 10.00 metres in addition to the land necessary for means of access and for open spaces mentioned in sub-rule(3).
10. A. Amalgamation of land
(1) Amalgamation of plots within the ULB area shall be allowed with prior approval of the ULB followed by a Registered Agreement.
(2) Amalgamated plot(s) should satisfy the criteria in Rule 4(1).
(3) Amalgamated plot should be considered as a unit for application of relevant Rules laid down in this Rule.
(4) Building on amalgamated plot should be constructed at a time for full plinth area otherwise approved building plan will be treated as cancelled.