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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 1, 2021 No. 926

About approval of the Procedure for development, updating, modification and approval of town-planning documentation

According to part four of article 16 of the Law of Ukraine "On regulation of town-planning activities" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for development, updating, modification and approval of town-planning documentation which is applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 1, 2021 , No. 926

Procedure for development, updating, modification and approval of town-planning documentation

General part

1. This Procedure determines structure, content, the mechanism of development, updating, modification and approval of town-planning documentation at the local level: comprehensive plan of space development of the territory of territorial community, master plan of the settlement, detailed plan of the territory, and also structure, content and procedure for development of the historical and architectural basic plan of the settlement.

2. The terms used in this Procedure have the following value:

1) attributive data of subject of town-planning documentation - quantity and quality characteristics of subjects of town-planning documentation, including on project decisions: indicators of the current state, project indicators, the predicted measures and indicators;

2) base of geospatial data of town-planning documentation at the local level (further - base of geodata) - set of sets of geospatial data on subjects of town-planning documentation which provides representation of basic data and project decisions by determination of space location of subjects of town-planning documentation in the territory, attributive data concerning these objects, including indicators of the current state, project indicators, forecast measures and indicators in single system of sizes, implementation of town-planning monitoring; contains sets of geospatial data according to the list of the thematic Sections and thematic subsections determined for development as a part of the corresponding town-planning documentation;

3) blue lines - lines of restriction of height and silhouette of building; are directed to regulation of esthetic and historical and town-planning qualities of building;

4) type of use of the territory - set of the permitted types of purpose of the parcels of land which unite on similarity of the corresponding signs;

5) geospatial data of town-planning documentation - sets of geospatial data which are obtained from national infrastructure of geospatial data, registers, inventories, other information systems for use in case of development of town-planning documentation and also are created by results of its development;

6) graphical materials of town-planning documentation - thematic sets of geospatial data on subjects of town-planning documentation visualized by means of software and hardware of the State land cadastre, town-planning inventory, other geographic information systems and also by their reproduction on paper and/or other firm (material) carriers;

7) the business center - structural element of the layout of the territory which includes the territory of concentration of complex objects of town planning and separate subjects to administrative and office building with high concentration of workplaces of non-productive industries;

8) the permitted type of use of the territory (parcel of land) - use which corresponds to the list of the preferable (main) and accompanying types of purpose of the parcel of land established for the corresponding type of functional purpose of the territory in respect of zoning of the territory;

9) yellow lines - borders of the greatest possible distribution of blockages of housing and public estate, industrial, store buildings located along the main streets of steady functioning in case of emergency situations in peace time and during the special period;

10) green lines - lines which determine limits of green plantings public and other planted trees and shrubs territories of the settlements (existing and project which are reserved) and set restrictions concerning placement of objects in their limits according to the legislation and regulating documents;

11) indicators - the determined by task, stipulated in Item 11 presents About, indicators of development of the territory which can be calculated on the basis of values of attributive data of base of geodata and which achievement is the purpose of implementation of project solutions of town-planning documentation;

12) the historical and architectural basic plan - the scientific project documentation which is developed and affirms as structure of the master plan of the settlement entered in the List of the historical inhabited places of Ukraine, according to the Law of Ukraine "On regulation of town-planning activities", containing data on objects of the world heritage, their territory and buffer zones; monuments of cultural heritage, including archaeological, their territories and zones of protection; limits and legal regimes of use of historical areas of the inhabited places; historical and cultural reserves, historical and cultural reserved territories and their zones of protection; the protected archaeological territories;

13) complex object of town planning - structural element of the layout of the territory which includes the territory and complex of buildings and constructions of preferential functional purpose with auxiliary objects of the accompanying functional purpose (residential quarters and residential districts with certain type of building, production, warehouse, trade, office, educational, scientific, health cares and other specialized complexes), concerning which attributive these bases of geodata are determined;

14) complexity of building - means of streamlining of the territory of new building or reconstruction of the existing building by complex implementation of engineering training of the territory, construction of outside engineering and transportation networks and constructions, objects of the social sphere, apartment houses, improvement of the territory, other construction objects;

15) metadata of town-planning documentation - data concerning sources, accuracy, the status, method of obtaining and other characteristics of geospatial data of town-planning documentation;

16) the scientific project documentation - the approved text and graphical materials of the historical and architectural basic plan which contain results of carrying out scientific research of all territory of the historical inhabited place and its immediate environment and which determine availability, arrangement, characteristics of objects of immovable cultural heritage, their territories and zones of protection, border of historical areas;

17) subject of town-planning documentation - the geospatial object (existing or project) concerning which attributive data and metadata of town-planning documentation are determined cartography. Project objects belong to subjects of town-planning documentation as existing, and;

18) preferential (main) type of use of the territory (parcel of land) - use which corresponds to type of functional purpose of the territory for this functional zone and occupies the total area of the territory at least 60 percent within one functional zone;

19) perspective of development of community - vision of future development of territorial community in the form of the list of priorities and strategic objectives, the measured indicators of their achievement (indicators of development of territorial community) having space display to the territories of territorial community;

20) the plan of implementation of town-planning documentation (further - the plan of realization) - the component of town-planning documentation containing list of project solutions of town-planning documentation with indication of their coherence, the sequence and terms of realization, project indicators influencing indicators, other data;

21) planning structure of the territory - location of the basic structural elements of the layout of the territory, red lines and other borders of the public centers, residential districts, quarters, production, landscape and recreational zones, parcels of land, etc. connected by transport and pedestrian and engineering infrastructure;

22) planning solutions of the master plan of the settlement as a part of comprehensive plan are project solutions of the master plan of the settlement in the reduced amount which is determined by Item 86 of this Procedure;

23) planning solutions of the detailed plan of the territory as a part of comprehensive plan are project solutions of the detailed plan of the territory in the reduced amount which is determined by Item 87 of this Procedure;

24) planning solutions of the detailed plan of the territory as a part of the master plan of the settlement are project solutions of the detailed plan of the territory in the reduced amount which is determined by Item 89 of this Procedure;

25) indicators of the current state - value of attributive data in base of geodata of rather current state of subjects of town-planning documentation which turn out initially in case of development or modification of town-planning documentation at the local level by processing of basic data, the corresponding observations, researches, inspections, information exchange with registers, inventories, databases and also are updated in case of implementation of town-planning monitoring;

26) the nature protection territories and objects - the territories and objects of natural and reserved fund, their functional and conservation zones, the territories reserved for the purpose of their subsequent zapovedaniye, objects of ecosystem, the territory of Emerald network, wetlands of the international value, biospheric wildlife reserves of the program of UNESCO "The person and the biosphere", objects of the world heritage of UNESCO;

27) project indicators - values of attributive data in base of geodata concerning condition of subjects of town-planning documentation which are supposed to be reached for the short-term period (up to five years), the medium-term period (6-10 years), and also long-term outlook (more than 10 years), during implementation of the relevant project decisions of town-planning documentation;

28) forecast indicators - values of attributive data in base of geodata concerning the predicted condition of subjects of town-planning documentation which are predicted for the short-term period (up to five years), the medium-term period (6-10 years), and also long-term outlook (more than 10 years) and do not depend on implementation of project solutions of town-planning documentation;

29) the draft of town-planning documentation at the local level (comprehensive plan of space development of the territory of territorial community, the master plan of the settlement, the detailed plan of the territory) - set of thematic geospatial data both the corresponding text and graphical materials signed by imposing of the digital signature based on the qualified digital signature certificate with use of qualified electronic mark of time according to requirements of the Law "About Electronic Confidential Services" by responsible persons who developed it for use during consideration at meeting of architectural town-planning council and conducting examination of town-planning documentation, implementation of public discussion of the draft of town-planning documentation, implementation of strategic ecological assessment, representation at the session of the relevant village, settlement, city council;

30) project decisions - the perspective actions for determination and change of functional purpose, restrictions provided by town-planning documentation in use of lands, the modes of use, development of social and engineering and transport infrastructure of the territory and so forth aimed at providing approach or achievement of indicators;

31) working group - the temporary advisory advisory body of executive body which provides carrying out and processing of results of public discussion on forming of task for development of comprehensive plan consists of representatives of village, settlement, city councils, executive bodies of village, settlement, city councils (further - executive body), public authorities, the state and utility companies, organizations and the organizations, bodies of self-organization of the population, public organizations, other concerned parties as a part of at least five people and no more than 21 people, with the odd number of members;

32) social and planning structure - space localization of the centers of public servicing of the population of different levels and zones of their influence which are divided by the service level: daily, periodic and incidental;

33) strategic session - obligatory public action of public discussion on forming of task for development of comprehensive plan which purpose of carrying out is determination of perspective of development of society. Depending on quantity of the population of community, its social and planning structure holding several actions for development of perspective of development of society can be provided by working group, last of which shall be determined as the basic where generalization of practices and decision making will be performed;

34) the strategy of space development of the territory - the component of town-planning documentation containing conceptual decisions concerning the directions of development of the territory (functional purpose of certain zones of the territory, development of street road net, objects of engineering infrastructure, including systems of distribution, preserving cultural heritage and natural and reserved fund, ecological, social and economic requirements concerning development of the territory) and indicators of development of the territory are developed in the form of set of geospatial data or graphical and text materials;

35) the accompanying type of use of the territory (parcel of land) - use which corresponds to type of functional purpose of the territory for this functional zone is necessary for ensuring functioning of preferential type of use of the territory (parcel of land). The total area of the parcels of land with all types of purpose determined as the territories accompanying for the corresponding type of functional purpose cannot exceed 40 percent of the area of the territory within one functional zone;

36) thematic subsection - structural unit of the thematic Section;

37) the thematic Section - structural part of strategy of space development of the territory, base of geodata, the plan of realization of the corresponding subject;

38) transport mobility - possibility of implementation of movement of people and loads in space by means of different methods of movement, including motor and motorless vehicles, and also pedestrian walking;

39) transport demand - needs of inhabitants, subjects of managing and other organizations for movement on the territories determined according to system of resettlement, space placement of business centers, production facilities, objects of social and transport infrastructure;

40) functional use of the territory - the existing use of the territory with the prevailing function (public, residential, production and so forth);

41) functional purpose of the territory - perspective use of the territory with the prevailing function which is established by the plan of zoning of the territory as a part of the corresponding type of town-planning documentation.

Other terms in this Procedure are used in the value given in the Code of civil protection of Ukraine, the Land code, the Water code of Ukraine, the Laws of Ukraine "On regulation of town-planning activities", "About fundamentals of town planning", "About architectural activities", "About the General scheme of planning of the territory of Ukraine", "About land management", "About protection of cultural heritage", "About protection of the surrounding environment", "About natural and reserved fund of Ukraine", "About improvement of settlements", "About protection of archaeological heritage", "About strategic ecological assessment", "About national infrastructure of geospatial data", "About electronic documents and electronic document management", "About electronic confidential services".

Types of town-planning documentation at the local level, the decision making bases concerning their development, updating and modification

3. Planning of the territories at the local level is performed by development and approval of comprehensive plans of space development of the territories of territorial communities, master plans of settlements and detailed plans of the territory, their updating and modification of them.

4. The updating of town-planning documentation which is not connected with modification of it can be performed along with modification. Updating of town-planning documentation provides:

1) updating of kartografo-geodetic basis;

2) data transfer according to town-planning documentation from papers in digital vector form, including according to requirements of the town-planning inventory;

3) reduction of town-planning documentation in compliance with requirements of the legislation regarding format of storage and data processing.

5. Modification of town-planning documentation at the local level is performed according to the procedure, determined by this Procedure for its development and approval. After approval the corresponding draft decision about modification becomes its integral part.

Development, updating and modification of town-planning documentation at the local level regarding forming of the parcels of land and/or entering of data on the parcels of land into the State land cadastre are performed taking into account requirements of the Law of Ukraine "About land management" and are subject to approval according to requirements of the Land code of Ukraine.

6. Modification of the plan of zoning of the territory, the historical and architectural basic plan and other Sections of comprehensive plan, the master plan of the settlement is performed according to the procedure of modification of comprehensive plan, the master plan of the settlement determined by this Procedure.

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