Thane Municipal Corporation Area in UDCPR 2020

Apr 02, 2024

UDCPR 2020 Chapter 9 is all about the City Specific Regulations as per mentioned in the UDCPR

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 10.2 Thane Municipal Corporation Area

10.2.1 Development along Ram Maruti Road and Gokhale Road

i) In the case of plots fronting on Ram Maruti Road, only the ground floor of the structure shall be set back by 3.05 m. from the road line and the rest of the floors shall be set back at a distance of 4.5 m. The front terrace so formed shall be allowed to be accessible.

ii) In case of any plot fronting on Gokhale Road, from the portion between Ashok Talkies and its junction with M.G. Road, the ground floor of the building shall be set back by 2.3 m. from the road line and the upper floors shall be set back at a distance of 4.5 m. subject to the condition that the owner of the plot shall pave the front open space. The front terrace so formed shall be allowed to be accessible.

10.2.2 Setbacks from Eastern Express Highway and Roads more than 52.5 m. in width

No construction of building shall be undertaken within 7.5 m. from the boundary of the Eastern Express Highway and other roads having a prescribed width of more than 52.5 m.

10.2.3 a) Development of a Multi Storey Public Parking Lot (PPL) near Metro Stations

For the development of Multi-storied PPL on any plot abutting a road with a minimum width of 18.0 m., additional FSI ( hereinafter referred to as “Incentive FSI” ) as specified below on built-up parking area, created and handed over to the Thane Municipal Corporation (TMC) free of cost with amenities required for parking area as prescribed by the Commissioner such PPL shall be allowed, on the land belonging to a private owner/Leasehold plots of Govt. and TMC with prior consent, which is not reserved for any public purpose, subject to the conditions contained herein below :

I. The minimum area of the plot shall be 1000 sq.m. in sectors - 1, 2, 3 and 2000 sq.m. in remaining sectors. The minimum number of Motor Vehicle public parking spaces provided shall not be less than 50. The location of parking spaces can be in 2 level basement, ground floor or upper 2 floors maximum, with access through a ramp/lift or combination of both subject to clearance from the CFO with special emphasis on fire hazard.

II. A Committee under the Chairmanship of the Municipal Commissioner, TMC shall earmark/select the plots for public parking, on the basis of their suitability.

The Committee shall comprise the following or their representatives

(i) Metropolitan Commissioner, MMRDA

(ii) Dy. Commissioner of Police (Traffic)

(iii) Joint Director of Town Planning, Konkan Division

(iv) Assistant Director of Town Planning, TMC (Member Secretary)

III. The incentive FSI given on this account will be over and above the base FSI permissible under any other provisions of UDCPR. This incentive FSI shall be allowed to be used on the same plot in conformity with UDCPR/D.P, within the overall cap/limit of total maximum permissible FSI as given at (vii) below.

IV. The proposed development shall be subject to any other conditions prescribed by the Municipal Commissioner.

V. Concerned land owners/developers/society/company shall not be allowed to operate the public parking lot.

VI. The area covered under parking shall not be counted towards FSI consumption.

VII. The incentive FSI permissible under this Regulation against BUA of the PPL shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed the limit as per Regulation 6.3.

VIII. The maximum cap on BUA per parking shall be 50 sq.m. for LMVs, 65 sq.m. for LCVs and 120 sq.m. for HMVs/Buses. Incentive FSI shall be calculated as per the BUA of the PPL, based on these norms or the actual BUA of the PPL, whichever is less.

IX. The developer of the PPL shall pay a ‘premium’, worked out as per the following formula :-

Premium = 60% of [Value of the additional BUA corresponding to the incentive FSI admissible under this Regulation, as per A.S.R. - (Cost of construction of PPL + cost of any extra amenities/facilities provided + cost of construction of BUA corresponding to the incentive F.S.I. admissible under this Regulation)]

For the purpose of calculating the premium as above, the cost of construction of PPL including amenities/facilities and the cost of construction of BUA corresponding to the Incentive FSI admissible under this Regulation shall be 75% and 125% respectively of the rate of RCC construction as per ASR.

X. The Premium shall be paid before the issuance of building permission for the incentive FSI admissible under this Regulation.

Upon Payment of 100% premium as aforesaid, building permission shall be issued in respect of 50% of incentive FSI. In no case, Incentive FSI be released without handing over of the PPL, complete in all respects, to TMC.

The year in which the premium is paid before the issuance of building permission for the PPL shall be taken as the year for determination of construction cost as well as ASR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the GoM and the remaining 50% to TMC.

Provision of this Regulation may also be applicable to leasehold plots of Govt. and TMC with prior approval from the Government/Municipal Corporation.

XI. The land owner/developer /society/company shall hand over PPL with a separate entrance and exit for the dedicated use of TMC by way of a registered conveyance deed. Such PPL will not be part of the proposed society/apartment/owners association.

XII. The PPL shall not be permissible in combination with other regulations.

XIII. Public Parking shall be developed in independent buildings as far as possible, but it may be permissible in composite buildings subject to compliance with these regulations.

XIV. The Commissioner may hand over such PPL to any agency to transparent bidding procedures for its operations and maintenance upon such terms and conditions as deemed fit and proper. However, in any condition, such PPL shall not be allotted to concerned land owners/housing society/association of apartment owners of occupiers in the plot of PPL.

XV. No public parking lots shall generally be more than 500 vehicles. However, in exceptional cases, the Commissioner may permit PPL for 1000 vehicles for the reasons to be recorded in writing.

XVI. PPL connectivity to the nearest station of Local/Mono/Metro/BRTS etc. may also be insisted if the proposed PPL is within 250 m. by skywalk and underground connectivity within 100 m. These areas shall also be counted for giving incentive FSI and shall not be included in calculating the limits of vehicles.

XVII. For every sector Commissioner shall endeavour to evaluate the total need of PPL and shall cause it to be declared in the local newspaper within three months of promulgation of these regulations for every 5 years. Total PPL sanctioned in any sector shall not increase beyond that for the next 5 years. PPL shall be allowed only after studying traffic impact analysis of the area with the periphery of 250 m. of PPL.

10.2.4 Development around Hazardous Industries (Chemical Zone Areas)

a) Green Belt -

i) There shall be a green belt of 100 m. around the boundary of the Hazardous Chemical Industries as shown on the plan attached with the report of authority.

ii) The creation of the green belt, its development and maintenance as per the report of authority will be the responsibility of the Municipal Corporation.

iii) The cost of acquisition of land for the green belt, around the Hazardous Chemical Industries will be borne by the Industry/Industry Association. The private land owner will be given a Transfer of Development Rights based on FSI for the present land usage. The cost of acquisition to be borne by industry will be exclusive of the value of TDR.

iv) The existing authorised structures should be tolerated. However, only repairs to such existing structures should be allowed in future and no reconstruction or new construction should be allowed in the Green Belt.

v) Unauthorised structures should be removed or relocated by the Thane Municipal Corporation as per the existing Public Policy.

b) Creation of Low-Density Zone -

i) Beyond the Green Belt, another belt of 150 m. should be created as a "Low Density Zone" as shown on the plan, attached with the report of the Authority.

ii) The FSI in the Low Density Zone shall be 0.5 and only Ground plus two-storey structures should be allowed.

iii) The existing buildings if already authorised with the higher FSI and plan of the proposed building already approved by the Thane Municipal Corporation and Commencement Certificate have been given to such structure should be allowed to continue, be completed and occupied by the issuing Occupation Certificate. Where the plans have been approved by the Thane Municipal Corporation but commencement certificates have not been issued, they should be reviewed and the permission should be revised in accordance with the Low-Density Zone Regulation, now be prescribed.

iv) The development proposals in Low Density Zone shall be scrutinised and permission shall be granted as per these UDCPR.

c) Development between 250 and 1000 Meters -

The Development proposals beyond the area of 250 m. shall be scrutinised and permissions shall be granted as per these UDCPR.

d) Other Stipulations -

i) The original land under the Chemical Industry, which has been certified by the Director of Industries/Director of Industrial Safety and Health/Competent Authority as permanently closed or having shifted elsewhere shall be allowed to be developed as per the relevant provisions in the prevailing Development Control Regulations.

ii) Upon certification by the Director of Industries/Director of Industrial Safety and Health/Competent Authority that the Chemical Industry has been permanently closed or has shifted elsewhere, the 100 m. Green Belt and the further 150 m. the low-density belt around the plot boundary of such Chemical Industry shall suo-moto cease to exist.

10.2.5 Development around Air Force Stations

i) As per Government of India, MoD, SRO.No.4, dated 13th January, 2010 which was published in Part - II, Section - 4 of Gazette Notification dated 23rd January, 2010. Air Force Station Thane falls within the 100 m. restriction zone. As per the notification, no construction should be permitted within the restricted zone of 100 m. from the outer parapet of the Air Force boundary. Similarly, live hedges, trees/rows or clumps of trees or orchards shall not be maintained, planted, added to or altered within the 100 m. restricted zone. The restriction is equally applicable for the construction of underground structures, wherein no digging and/or change in the level of ground is permitted within the notified zone.

ii) Beyond the notified zone of 100 m., no restriction is required to be imposed as per the Works of Defence Act 1903 and no N.O.C. from Air Force Station, Thane is necessary.

10.2.6 Development Around Defence Establishment

Following restrictions are imposed in and around the land in the vicinity of the said unit as per the plan enclosed with Notification No.TPS-1203/1254/C.R.193/05/UD-12, Dt.30/12/2006.

Village : Kolshet / Kavesar / Waghbil (within the limit of Thane Corporation) Circle / Taluka : Thane, District : Thane, State: Maharashtra.

Height Restrictions :-

(a) The height restrictions to any of the future constructions on the North, North-West, West and South-West sides will be as follows :-

Sr. No.	Height Limiting zones from unit boundary (Zones indicated by colours)	Permissible height in meters	Remarks
A	Red	Nil	Unit Area
B	Brown	Nil	Buffer Zone (No Dev. Zone)
C	Orange	18	-
D	Pink	27	-
E	Navy Blue	32	-
F	Yellow	46	-
G	Violet	64	-
H	Green	84	-

(b) The height restrictions to any of the future constructions on the North East, East and South- East -sides will be as follows :-

Sr. No.	Height Limiting zones from unit boundary (Zones indicated by colours)	Permissible height in meters	Remarks
A	Red	Nil	Unit Area
B	Brown	Nil	Buffer Zone (No Dev. Zone)
C	Orange	15	-
D	Pink	20	-
E	Yellow	35	-
F	Violet	40	-
G	Sky Blue	45	-

Other Restrictions :- In addition to the above restrictions, the following general restrictions are also enforced :-

a) No high-tension power line up to 22 KV is to be set within 1500 meters from the unit boundary.

b) Open wires, overhead lines, and telephone cables are to be outside 500 meters from the unit boundary. However, UG cables. (below 5 meters) are permissible.

c) No rail line with electric traction is permitted within two kilometres of the unit.

d) Area within a kilometre radius from the unit boundary is to be clear of all metallic structures including bridges.

e) Ground water level is to remain constant. No efforts are to be made to change the electrical conductivity of the designated zone.

f) No industry/equipment, that generates any kind of RG noise, is permitted to operate within 1 km. Radius from the unit boundary.

10.2.7 Regulations for G-1 Zone (Yeur village Section - VII only)

The following uses shall be permitted in the G - 1 Zone.

The residential Buildings on the lands that are actually under cultivation and the holiday homes for weekend stays and the Rest Houses are subject to the following conditions :-

1) The plot to be permitted for such development shall be not less than 4000 sq.m. with the
maximum FSI of 0.025.

2) Each building is to be not more than ground plus one storey with a height not exceeding 9.75 m, including the height of the stilt portion if any, subject to a maximum built-up area of 100 sq.m. excluding stilt.

3) To permit Club House, open playgrounds and other recreational purposes as normally
permissible under green zones with permissible FSI as per these Regulations.

4) To insist on plantation at the rate of two fast-growing trees per 100 sq.m. of land under development.

10.2.8 Regulations for G - 3 Zone for Forest Area

No development of any sort shall be allowed in this zone except the project of the Forest Department. In case of pockets of private lands in G - 3 zone, development shall be permitted as per the provisions of Green Zone/as per the provisions of G - 1/G - 2 Zone subject to the concurrence of the Forest Department.

10.2.9

For the sake of Regulations No.1.3.74, No.1.3.93 (xiv)(i) and No.6.2.3(b) High Rise Building/Special Building means any multi-storied Residential Building, which is under redevelopment, and which is more than 25.0 m. in height above average surrounding ground level.

10.2.10 Redevelopment of Old Dilapidated/Dangerous Buildings

Reconstruction/Redevelopment in whole or in part of any building which has ceased to exist in consequence of accidental fire/natural collapse or demolition for the reasons of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the Authority or building having age of more than 30 years, shall be allowed subject to following conditions.

Redevelopment of multi-dwelling buildings of society/Co-Operative Housing Societies/Apartments -

i) The FSI allowed for redevelopment of such building shall be FSI permissible under Regulation No.6.1 or 6.3 including FSI on payment of premium and maximum permissible TDR loading as per Table 6-A or 6-G, or the FSI consumed by the existing authorized building including TDR, premium FSI etc., whichever is more. (Such TDR, Premium FSI etc. utilized in existing building shall be treated as a basic FSI for redevelopment.) In addition to this, incentive FSI to the extent of 50% of the existing authorized built-up area or 15 sq.m. per tenement, whichever is more, shall be allowed. Provided that in cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled to a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

ii) This regulation shall be applicable only when existing members of the societies are

proposed to be re-accommodated.

iii) If tenanted building/s and building/s of co-operative housing society/non-tenanted

building/s coexist on the plot under development, then proportionate land component as per the existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2. and the remainder of the notional plot shall be developed as per this regulation.

iv) Notes below Regulation No.7.6 shall be applicable to this regulation.

10.2.11 Height of Building Permissible for Re-development Proposals/SRA Proposals

For all re-development proposals and slum-rehabilitation schemes in the Municipal Corporation area, the building height is up to 70.0 m. shall be permissible on roads having a width between 9.0 to 12.0 m. subject to the minimum front margin as per these regulations or minimum 6.0 m., whichever is less and subject to the condition that such road shall be widened to 12.0 m. under the provisions of the Municipal Corporation Act, by prescribing line of street before granting occupation certificate to such buildings of re-development or slum-rehabilitation schemes. This shall be subject to Fire prevention, protection and life safety requirements and Fire N.O.C. from the Chief Fire Officer.

10.2.12 Podium

Podium for parking along with ramp may be permitted with a side and rear marginal distance of 1.5 m. from the plot boundary, subject to the following conditions :-

a) The top of the Podium shall be accessible for the Fire Engine by 7.5 m. Ramp with gradient 1 : 10.

b) Structural Stability Certificate regarding such Podium and Ramp shall be submitted with respect to standing Fire Engine over it & sustain the load of Fire Engine.

c) Minimum 6.0 m. marginal distances with the required turning circle over the Podium shall be provided for maneuvering of the Fire Engine.

Provided that, if the podium is not accessible for the Fire Engine then 6.0 m. marginal open space shall be provided all around the building excluding the front margin. The turning circle shall not be less than 9.0 m. The refuge area in such cases shall face facing front road and shall be connected to the Fire Tower as per Clause 2.24 of Part - 4 of NBC 2016.

d) Provisions mentioned in Regulation No.9.13 shall be applicable except (ii).

10.2.13

Front Marginal Distances/Set-back/Roadside margin/s in congested area - minimum front marginal distance for buildings under re-development proposal shall be 1.5 m. for roads having width 6.0 m. or more.

10.2.14

Off-street parking requirement - For Redevelopment Projects in the Thane Municipal Corporation area, the multiplying factor for off-street parking requirement as per Regulation No.8.2.2 shall be 0.8.

10.2.15

For Redevelopment of smaller plots having an area of up to 1500 sq.m. with multistoried buildings up to 24.0 m. height plus height of parking up to 6.0 m., side/rear margin of 6.0 m. shall be relaxed up to 3.0 m. subject to Fire N.O.C., in case of bonafide hardship and such building shall not be considered as special building.

(b) Other provisions mentioned in Regulation No.6.2.3 shall be applicable.