FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Chapter I 1.0.Definition of F.A.R/ F.S.I 1.1. Significance of F.S.I in Global context. 1.2. F.S.I/ F.A.R in developing countries. 1.3. F.S.I/ F.A.R and the practices in vogue in Indian Scenario. 1.4. Current trends and techniques followed in defining F.A.R/ F.S.I Chapter II 2.0.Tools and Techniques used in defining F.A.R/F.S.I 2.1. Global Scenario. 2.2. Successful models. 2.3. Various Algorithms/ Models available in defining F.S.I/ F.A.R. 2.4. Indicators/ Variables required to be taken in defining F.A.R/ F.S.I. 2.5. Land use Models. Chapter III 3.0.Master Plan and Development control measures with respect to F.S.I/ F.A.R 3.1. Legal frame work. 3.1.1. T.C.P.O norms. 3.1.2. UDPFI guidelines. 3.1.3. DTCP norms. 3.1.4. Master Plan and its relevance. 3.2. Zoning regulations and its implication on defining F.S.I/ F.A.R. 3.2.1. Mixed Land use. 3.2.2. ResidentialLand use. 3.2.3. CommercialLand use. 3.2.4. IndustrialLand use. 3.2.5. RecreationalLand use. 3.3. Schemes/ programs of Income generation 3.3.1. B.P.I. 3.3.2. B.R.I. 3.4. Floating F.A.R/ F.S.I and its concepts. 3.5. Land Assembling procedures/ Land parcels in major metropolitan cities. 3.5.1. Plot amenities. 3.5.2. T.D.R. 3.5.3. Accommodation costing. 3.5.3.1. Nagarapalika Act.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Chapter IV 4.0.Formation of Study/ Aim. 4.1. Aim. 4.2. Objectives. 4.3. Methodology. 4.4. Scope and Limitations. 4.5. Hypothesis. 4.6. Synthesizing the information. 4.7. Data collection identification of agencies. 4.7.1. Municipal Corporation. 4.7.2. Municipalities/ Local bodies. 4.7.3. Cantonment Boards. 4.7.4. Corporations/ Notified areas. 4.7.5. Panchayat. Chapter V 5.0.Development and Regulation control. 5.1. ULCAR 1976. 5.2. Land Acquisition Act. 5.3. National Highway Act. 5.4. SEZ/ SPV and its related effects. Chapter VI 6.0.Identification of case study areas. 6.1. Primary sources. 6.1.1. Layouts/ Plot sizes. 6.2. Secondary sources. 6.2.1. HMDA. 6.2.2. GHMC. 6.2.3. Notified areas/ Boards. 6.3. Indices/ Index values w.r.t land use charges. 6.4. Land use survey index matrix. 6.5. Comparative study of F.S.I/ F.A.R with respect to land survey index. Chapter VII 7.0.Data collection/ Analysis. 7.1. Population / Density/ 7.1.1. Plot size/ Road width/ Open areas. 7.1.2. Zoning Regulations.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

7.2. 7.3. 7.4. 7.5. 7.6. Chapter VIII

7.1.3. Build up area. 7.1.4. Short fall/ Land use Models. 7.2.1. Application of land use model to the case study area. Algorithms of F.A.R/ F.S.I. 7.3.1. Site specific. Comparison of Algorithms/ Zoning regulations/ F.S.I in force/ Extent of violations. Deriving a mathematical model based on the Algorithms. Programme..

8.0.Inferences/ Findings. 8.1. Case study 8.2. Analysis. 8.3. Inferences. 8.4. Case study/ Local area findings/ Inferences. Chapter IX 9.0.Strategies/ Application techniques with respect to the study analysis. 9.1. Implementation in Master Plan. 9.2. Perspective Plan/ Forecasting. 9.3. Rounding to the least decimals to achieve / to overcome the hindrances. 9.4. Feed backs. Chapter X 10.0. Proposals and Recommendations/ Guidelines. 10.1. Local Area/ City specific. 10.2. Implementing in NCU at National Level. 10.3. At local area level. 11.0. Conclusions.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

INTRODUCTION

The floor area ratio (F.A.R.) is the principal bulk regulation controlling the size of buildings. F.A.R. is the ratio of total building floor area to the area of the plot. For example, if a plot measures 25 cents (approx. 10886 sq.ft) and the F.A.R. permissible for that area is 2, then a maximum of 21772 sq.ft of space will be permitted to construct in all floors of the building put together.Town Planning Schemes mandates different F.A.R. values for different areas. The F.A.R. value, when multiplied with the Plot area gives us the maximum floor area that can be constructed for a building in the plot. This is subject to satisfying other conditions such as Parking, setbacks, access width etc.Various tools are used by for regulating or guiding the development of our urban areas. The primary objective of using such tools is the optimal utilization of precious land considering its use, reuse, misuse, disuse and abuse. Among various development regulations adopted, Floor Area Ratio (F.A.R.) is one of the most important one, which regulates the bulk of the built space. Higher the F.A.R. value, more will be floor area within the same plot, and higher the pressure on land for infrastructure. Carrying capacity and development priorities assigned by the plan to each locality are the major factors which decide F.A.R. that can be permitted in an area.F.A.R. values mainly determine the density or intensity of development of an area. Hence different F.A.R. values are prescribed for different locations in development plans.In brief; the permissible F.A.R. values are decided in relation to different interrelated aspects such as adequacy of water supply, sewerage system, solid waste disposal, road capacity, land availability, harmony with surrounding developments and other facilities, amenities and services. In other words, F.A.R. is a very crucial regulation, which decides the intensity of development in an area and hence highest care is required in fixing its maximum allowable limit in different areas.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

F.A.R. as such, will not hinder high-rise developments. But, a reasonable F.A.R. mandates adequate open area in a plot for high-rise buildings. This is for the benefit of the occupants of the building, their neighbors and the public at large.If we go on increasing the F.A.R., the land value will also proportionately increase. The prices of flats will not come down on account of increase in F.A.R. alone. Land is definitely precious and scarce. So, the land and F.A.R. have to be judiciously used, not abused. Increasing the F.A.R. unscrupulously is definitely not the prescription for meeting the housing demand for the increasing population.By increasing the F.A.R., the common man may not be able to afford decent shelter. Increase in F.A.R. will only increase the land value, since the buildable space per unit area of land increases. No investor will have a sustained interest in an overcrowded and choked city, with falling infrastructure. If only F.A.R. values are optimum, the growth the city will sustain and will continue to attract more and more employment-generating projects to our cities. Construction sector creates employment opportunity. But it cannot unduly promoted by increasing FAR too unreasonable limits, sacrificing the bright future of our cities and well being of the citizens. Regulations like F.A.R. intended for guiding the city to a better future should not be viewed as an obstacle.

Lot Coverage: The measurement of land use intensity that represents the portion of the site occupied by the principal building including the garage and all accessory buildings, but excluding all other impervious improvements such as sidewalks, driveways, patios, decks and open porches, recreational courts, child play structures, swimming pools, open gazebos, etc.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

AIM:

OBJECTIVES:

SCOPE AND LIMITATIONS:

HYPOTHESIS:

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

METHODOLOGY:

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

FUNCTIONAL METHODOLOGY

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

FLOOR AREA RATIO

INTRODUCTION The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of the total floor area of buildings on a certain location to the size of the land of that location, or the limit imposed on such a ratio.The Floor Area Ratio is the total building square footage (building area) divided by the site size square footage (site area).As a formula: Floor Area Ratio = (Total covered area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus, an FSI of 2.0 would indicate that the total floor area of a building is two times the gross area of the plot on which it is constructed, as would be found in a multiple-story building. IMPORTANCE Only since the last few years, few of the major cities have adopted the new concept of the Floor Area Ration/ Floor Space Index to regulate densities and control over crowding in the dwelling units. The FSI limits the total floor area of the buildings in relation to the plot areas. For example, a FSI of 1.6 means that the total area of all the floors in a building cannot be greater than 1.6 times the area of the plot. If all the floors in a building have the same area, then a building consisting of four floors will have on each floor an area equals to 0.4 times the area of the plot on each floor. If the building consists of eight floors, each floor will have an area of 0.2 times the area of the plot. This provides the architects and planners full freedom to choose the number of floors that suit the project in view, provided the total area of all floors does not exceed the built up area available for the plot under the prescribed floor space index. It goes without saying that adequate front, rear and side open spaces have to be in relation to the height of the building to ensure good light and ventilation.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

FLOOR SPACE RATIO IN ZONING The Floor Area Ratio can be used in zoning to limit the amount of construction in a certain area. For example, if the relevant zoning ordinance permits construction on a parcel, and if construction must adhere to a 0.10 floor area ratio, then the total area of all floors in all buildings constructed on the parcel must be no more than one-tenth the area of the parcel itself. A builder can plan for either a single-story building consuming the entire allowable area in one floor, or a multi-story building that rises higher above the plane of the land, but which must consequently result in a smaller footprint than would a singlestory building of the same total floor area. By combining the horizontal and vertical limits into a single figure, some flexibility is permitted in building design, while achieving a hard limit on at least one measure of overall size. One advantage to fixing this parameter, as opposed to others such as height, width, or length, is that floor area correlates well with other considerations relevant to zoning regulation, such as total parking that would be required for an office building, total number of units that might be available for residential use, total load on municipal services, etc. The amounts of these things tend to be constant for a given total floor area, regardless of how that area is distributed horizontally and vertically. Thus, many jurisdictions have found it unnecessary to include hard height limitations when using Floor Area Ratio calculations. Japan has extensively adopted the Floor Area Ratio in the zoning system since 1970. The evaluation of the adoption is, however, controversial: some say that it has deteriorated the skylines and building lines in Japanese cities; others claim that it has protected the residential environments. In addition, 1) Abdicating to floor area ratios (market forces) is the opposite of aiming a community toward something more than the sum of its parts. 2) FAR, a poor predictor of physical form should not be used when the objective is to conserve and enhance neighborhood character. Whereas traditional design standards (height,
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

lot coverage and setbacks or build-to lines) enable anyone to make reasonably accurate predictions, recognize violations, and feel secure in their investment decisions. And lastly, 3) if FAR is carelessly combined with traditional setbacks, assembled lots have a considerable advantage over individual lots, which has a negative effect on fine grained cities and the diversity of ownership.

FAR EXPLAINED

A FAR of 1.0 The illustration above shows a Floor Area Ratio (FAR) of 1.0. This simply means that, if the area of the plot is 100 square meters, then 100 square meters of gross floor area has been built on the plot. The illustration above shows a 4-story building covering 1/4 of the site, giving a FAR of 1.0. Four floors of 25 square meters each are built on a site of 100 square meters. The reference design for cities is based on a FAR of 1.5. Here are some ways to get to a FAR of 1.5:

Build a 2-story building on 75% of the site (2 x 0.75 = 1.5) Build a 3-story building on 50% of the site (3 x 0.5 = 1.5) Build a 4-story building on 37.5% of the site (4 x 0.375 = 1.5)

It will be noted that a FAR of 1.5 is quite high, although this density is not unusual in Venice or central Paris, and is considerably exceeded in most of Manhattan. It
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

requires 4-story buildings and narrow streets with modest interior courtyards. (Higher buildings would leave more room for streets and gardens, but buildings higher than 4 stories are not desirable because they are expensive to construct and unpleasant to live in.) THE ROLE OF DENSITY AND FLOOR SPACE INDEX Density is a term which is generally not clearly understood. In a broad sense, it is a measure of the intensity of land use. It is generally expressed as the number of persons living on an acre or any other unit of land, which indicates the concentration of people living thereon. Since a large number of people living per acre suggest overcrowding, it is commonly thought that higher densities are evil and lower densities are desirable. This is not, however, wholly true, and density values should not in every case be related to the quality of living conditions in a locality. DENSITY TYPES Densities are mainly of three kinds. The first, which is called NET DENSITY, means the number of people per acre of the residential area including small garden patches, open spaces between buildings, internal roads and half the width of surrounding roads up to 20 feet. The second, which is called GROSS DENSITY, means the number of people per acre over the whole of a defined area which includes public buildings, industrial buildings and large open spaces, plus half the width of the surrounding roads. The third is the OVERALL DENSITY which means the number of people per acre over a large area of the town, affecting its general economy. There is yet another kind of density called TOWN DENSITY which means the number of people per acre over the entire area of the town, embracing residential, industrial, commercial, educational, recreational, transport and other functions. Unusual areas occupied by large quarry pits, river beds, streams, lakes and vast areas of airfields and military lands within the town.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DIFFERENT WAYS OF EXPRESSING DENSITY The housing density is usually expressed in terms of persons per acre. But it can also be expressed in terms of habitable rooms per acre or as a ratio of total floor space to the area of the plot or of a major housing development. It should be noted that a kitchen in a flat is not considered to be a habitable room. The relationship between persons and habitable rooms is defined as a measure of Intensity of occupation by persons. This relates to so many persons per habitable room and/ or so many square feet of floor space per person. In the preparation of a Development Plan, the planner must know the size of population to be accommodated and the land required for the purpose, consistent with the social and economic structure of the population. The type of accommodation to be provided has also to be considered at the same time. When these factors are known, the planner can proceed with his work in a variety of ways to suit the requirements of the site and the social and economic structure of the community. HABITABLE ROOM, FLOOR SPACE INDEX AND THE OCCUPANCY RATE It now remains to decide as to what constitutes the most suitable unit of accommodation. In Western countries, where relationship between room sizes and functions, family structure and social and economic standards are clearly recognized and well defined, the habitable room is regarded as the unit of accommodation. But in under developed countries where such conditions do not exist and where space in a dwelling unit is exploited to the utmost in response to economic pressure, the habitable room is not suitable for being used as a unit of accommodation, as it does not convey any idea regarding the real size of accommodation. In such cases, it is much better to adopt an exact measure of accommodation which can be expressed as a ratio of the total floor area to the area of land in use. This measure of accommodation is called total floor space index in United Kingdom and floor area ratio in U.S.A. The habitable room concept is however, useful to determine the floor space index for a locality.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

When the floor space index is adopted as a measure of accommodation, the rate at which the accommodation is to be occupied by people has to be decided upon. This rate is called the occupancy rate, which means so many square feet or floor space per person. The occupancy rate is a good means to control density of population in combination with the floor space index under normal conditions. But this rate varies from 12 to 150 Sq.m per person depending upon the economic conditions of the people and the available volume of housing. It can help only to a certain extent to decide the density of population at the planning stage. So long as housing is in short supply, overcrowding in dwelling units is bound to occur. The Municipal Corporation of Greater Mumbai, under section 379A of the Municipal Act, considers a dwelling unit to be overcrowded if the occupancy rate of 25 sq.ft per person is not maintained. This rate is rather low and should not be less than 50 sq.ft per person, but looking to what is ideal and what can be achieved on a realistic basis, and considering the backlog of housing, it is the utmost that can be realized for many years to come. There are many countries in the world, particularly in Asia and Africa, where even this occupancy rate is not attainable. For instance, many housing developments in Hong Kong have an occupancy rate of 24 sq.ft per person or even less. The right approach is to manage with what is possible at the moment and to raise the standard as economic conditions, because a very optimistic view in this respect is most likely to result in failure and negation of controls intended for reduction of overcrowding in the dwelling units. While on this topic, mention may be made of another method of determining the occupancy rate based on a different concept. It is based on the number of persons to be accommodated per habitable room, which is a variable factor, because the areas of habitable rooms can vary considerably and provide for occupancy rates which can be between 25 to 150 sq.ft. or more, per person, depending upon the social and economic status of the occupier. This method is therefore likely to cause confusion, unless exact data on the social and economic structure of the population is available
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

to the planner. In Bombay today, the number of persons per habitable room varies between 2 to 10 persons in the case of middle and low income group families respectively. The habitable room generally does not exceed 120 sq. ft. in area. METHOD OF DETERMINING THE FLOOR SPACE INDEX A layout of a representative area of 25 to 30 acres is prepared on the basis of the density adopted in the light of the experience of the planner. This determines the size of the population. The number of persons that have to be accommodated per habitable room consistent with the rent paying capacity of the would be occupants and in consonance with healthy living conditions is then assumed on the basis of building plans prepared for the purpose. This figure may vary from 1 to 2.5 persons per habitable room, for different localities, or portions of the same locality, depending upon the income group to be accommodated. Dividing the total population figure for the layout by this number gives the total number of habitable rooms that could be built in an area. On this basis of the studies made during made during the preparation of the layout and the designs of the buildings, the area required by a habitable rooms in the building which may vary from 25 to 50 Sq.Yards or more per habitable room, depending upon the size of the room. It has to be understood that this figure takes into account other ancillary areas in the building, wall thicknesses, etc., multiplying the total number of the habitable rooms by the area required per room, gives the total floor area of all the residential buildings in the layout. By dividing this total floor area by the total residential area of the land in the layout, the floor space index for the area is obtained on a realistic basis. The three figures illustrate graphically what happens when development of a site tales place on the principle of the floor space index, which allows considerable freedom to the architect to plan according to the needs of the clients.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

For easy comprehension, the site is shown divided into 64 squares. The floor space index is assumed as 1. This means that the cumulative built up area on all floors cannot be permitted to exceed 64 squares.

(I)

32 squares are built per floor, so that two floors are necessary to utilize the permissible buildable area (32 X 2 = 64).

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

(II) 16 squares are built per floor, so that four floors are necessary to utilize the permissible buildable area (16 X 4 = 64). (III) 8 squares are built per floor, so that eight floors are necessary to utilize the permissible buildable area (8 X 8 = 64).

It will be noticed that the surrounding open spaces become wider as the height of the building increases in a correspondingly lesser floor space index for the gross area. This method is useful to determine the population of different wards of a city and also its total population, at a decent standard of living. It is obvious, that different areas in the city have to adopt different floor space indices, as a result of the various density levels adopted to cater to the needs of different income groups. RUDIMENTARY AND RECENT TRENDS IN DENSITY VALUES In the early days of planning in Europe at the beginning of the 20th century, net densities adopted for new developments were very low, viz 35 to 40 persons per acre. This type of development provided individual houses with gardens and recreational open spaces and parks on a generous scale. By their very nature, such developments were of a sprawling type which lacked urban character. This resulted in forcing the inhabitants to cover long distances to reach the place of work and centers of recreation and amusement. This defect was realized with the passage of time and net densities as high as 80 to 100 persons per acre were adopted. In India net densities of the order 100 to 150 persons per acre were considered normal, in urban areas as planned developments of reasonably large chunks of land at these densities ensured the provision at all amenities required on a reasonable scale. With the rapid growth of urbanization in the last two decades and phenomenal increase in the population of towns and cities, planners gave a second thought to the problem of density, as the need was felt to accommodate more and more people in towns and cities. It was found that if large areas were laid out and high and medium rise buildings covering 10 to 15 percent of the land were built, the livability of the site was assured to a great extent even by adopting net densities as high as 3000 to
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

350 persons per acre. In such cases 1 to 1.5 acres of open spaces could be provided in local developments per 1000 population out of 4 acres per 1000 on the city wide basis. People could then live fairly close to the place of work and centers of cultural activities and an improvement in the mode of urban life could be affected. During the preparation of development plans for towns having enlightened and alert citizens and citizen groups, compact as against sprawling town plans are to be preferred as low, density developments tend to reduce easy and quick accessibility to various parts of the town and there is often the risk of under-use of facilities such as shops, schools, places of amusement, cultural centers, etc., because of the longer distances required to be covered to reach them. THE FAR EFFECT ON LAND VALUES One of the factors that influences open market value of land in metropolitan cities is Floor Area Ratio (FAR). A TRF research study commissioned by the Madras Metropolitan Development Authority observed in its October 1991 report that: some professionals and developers claim that FAR should be increased because of high price of land. If their argument is accepted, the price of land will increase further because the developer calculates the price for which he can sell his completed development, from this he deducts the construction costs, his profits and other expenses and offers the remaining amount for the land. The TRF study included a sample calculation for Madras city to demonstrate how a small increase in FAR adds to his (builders) profits encouraging speculation and concluded that increasing FAR from 1.5 to 2.0 (33%0 the cost of land increased in FAR will result in the developers preparedness to offer a much higher price to the land owner. The report suggests in case of preparedness to offer a much higher price, the FAR should be minimum to check further increase in population density. The TRF report did not go further, but the situation can be viewed in another way from the viewpoint of the land owners. Whenever in the past governments and local
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authorities announced an upward revision of FAR, the next day the land owners hiked the prices of land with the argument that the developers/ purchaser is now going to get more out of the same land. It is thus difficult to explain how a builder who will buy land at an increased price after such an announcement, will gain in any manner from FAR increase. THE FAR EFFECT ON DEVELOPERS In metropolitan cities, large developers (Urban Development Authorities not excluded) often hoard vast amounts of land. When the government increases FAR limits, it benefits only large developers; and that too only on amount of land purchased by them before the enhancement. It should not logically benefit smaller developers who are more in number. The small developers gain arising from an increase in FAR is difficult to understand as any direct benefit to real estate developer due to a reduction of pressure on agricultural land. But as in most trades, it is the large developers who control the developers associations. Thus entire developers lobby, fights for the transitional gain of a few seeking to reward them for having held large extents of urban land. EXTREME POSITIONS In reality there is almost no public debate in India on the issues concerning urban density policies, of which FAR is one of the tools. There are hardly any scientific studies on this subject in the Indian context, except the 1988 report of the National Commission on Urbanization which argued that net residential densities, as high as 1000 persons per hectare can be achieved well within the FAR limits of 1.5. It must be acknowledged that private developers contribute substantially to housing supply in India. They play an important role in society and their expectation of legitimate profit is fully justified. The routine insistence if official agencies on low FAR and the constant appetite of developers for extra FAR, both do not seem to be based on well defined logic.

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Positions taken by different interest groups on the FAR issues are on ideological lines, at times bordering on fanaticism. FACTORS DETERMINING FAR The National Building Code 1983 mentions the following factors that determine the specifications of FAR: a. Occupancy (residential, commercial, etc.,) b. Type of construction (building materials, fire rating structure, etc.,) c. Road width and traffic volumes d. Vehicle parking facility e. Fire fighting capability of city authorities f. Standards of existing water supply and sewerage. The accompanying tables provide a comparative picture of prevailing FAR norms in few major cities for different lo sizes. For different occupancies and locations, maximum permissible FAR in Indian cities ranges from 0.50 to 2.00 in the normal courses. In the prevailing regulations, the factors like occupancy, location central or peripheral plot sizes and road width are most commonly relied upon. The consideration for levels of infrastructure is attempted only in few cities, where for different parts of the city, different FAR is specified. FAR AS A POLICY TOOL In Mumbai and Madras, and to some extent in Delhi, a higher Floor Area Ratio is offered in the central areas compared to the suburbs. In Bangalore and Hyderabad, the case is just the opposite. If Floor Area Ratio norms are to be used as a tool for decongesting the core city then the building trade must be attracted to the outskirts by granting FAR in such location as implied by the TRFMMDA study. The National Building code 1983 has addressed the question of Floor Area Ratio primarily with reference to fire safety and recommends unlimited FAR for certain occupancies based on fire rating. A revision to the code may be needed in order to specify FAR norms taking into account the other factors stated in the Building Code.
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The code however indicates that FAR is matter of choice as long as the commensurate standards of safety, environment and infrastructure are met with. PRICING OF FAR Going by the fundamentals, the difference between a 2000 sq.m site, built with 1.5 FAR, and a similar site built with 3.0 FAR is that the second one may have 60 flats of 100 Sq.m each as against 3.0 in the first case. To begin with, the choice lies with the flat purchaser. No builder will ever construct an apartment complex with 60 flats on a 2000 Sq.m site if buyers reject it as a congested building, no matter what the Government regulations specify. The report of the National Commission on Urbanization argued that a higher FAR generally required taller structures with higher specifications and expensive equipments and installations like lifts and fire fightingequipments, thereby shooting up the cost of construction per Sq.m of built up area. We have shown above that any increase in FAR leads to an increase in land prices. Even if this were not the case, the reduction in cost of land per Sq.m of built up area due to higher FAR is neutralized by the corresponding rise in construction cost. This is termed by the Commission as the crucial trade off. Apart from the flat owners choice of buying one out of the 60 or 30 flats, it is clear that a street with buildings having 3.00 FAR will need to be wider since many more people or vehicles will have to use the street over the same length. The water and drainage lines will have to be of bigger capacity, though of a lesser length. In streets where the pipelines are designed and already laid for a low density development allowing a few buildings with high density, obviously creates problems beyond solutions. Perhaps higher FAR may work for large scale developments in new suburbs. Developers intending to take up, say, a 100 acres housing project in the outskirts may have the option of choosing the FAR depending on their market assessment and scale ability of flats. With higher FAR the developers may economize on the except
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of land (not land value per Sq.m) but if he builds, say with 4.00 FAR and ten storeyed buildings, his cost of construction will go up as discussed earlier. For FAR beyond 1.5, car parking has to be either on multiple floors or on the streets. In buildings above 13 storeys, fire safety measures are mainly through very expensive in built devices. Similar but less expensive equipments are needed for buildings having between 9 and 13 floors. But below four floors fire safety is generally achieved by way of proper location of staircases and lifts within permissible distances and with ordinary fire extinguishers. For buildings above 7 storeys, a high speed lift is needed. Provision and maintenance of a high speed lift is three times more expensive than a slow moving lift. At a 5 storeys, the construction cost per Sq.m of space is therefore considerably less than at, say, 13 storeys. These additional costs are passed on to the purchaser of flats and also partly to the civic bodies or the fighting departments of the government and in turn shared by all tax payers. There may be little doubt therefore that a developer building with say 3.0 FAR must contribute at a higher rate towards the cost of the city infrastructure than some one building only with 1.5 FAR. FREEDOM FROM FAR In certain quarters there has been a demand in recent times to allow a free play of market forces in respect of FAR. For this to happen, the following are pre-conditions: 1. The developers/purchasers of built space must pay for all costs of infrastructure. 2. It should be possible in the first place to compute all the costs of infrastructure. 3. There must be a healthy free market without any hidden subsidies.

Few people in India know that since 1993, there are no upper limits on FAR provision in Hyderabad City. For every location there does not exist a basic maximum FAR for which a set of fees related are to be paid. Thereafter, one can ask
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for any higher value of FAR to be relaxed by Government provided one is willing to pay a penal amount for every Sq.m of additional floor area. Thus it is hypothetically possible to seek and obtain even 10.00 or 15.00 FAR, even though the penal amounts are not restrictive. For instance in the commercial category at the higher end, the penal amount ranges from Rs.1000 to 2000 per Sq.m of floor area, when one applies in advance (fixed in 1993 with no revision so far). Against this, prime commercial built space is being sold in Hyderabad around Rs.20,000 to 40,000 per Sq.m in December 96). Thus on payment of a maximum penal amount of Rs.20000 per Sq.m, it is possible to have saleable built up space worth Rs.40,000. Presuming that the builders, profit is only 10% of the sale price, he still stands to gain considerably by seeing a higher FAR in Hyderabad as long as there are buyers. A free FAR policy is therefore in force in Hyderabad since 1993. Why developers do not ask for FAR in Hyderabad much beyond 3.00 is worth reaching. It belies the simplistic theory that high FAR benefits builders. A developer has to only cater to market. If people tomorrow decide to pay a higher price per Sq.m for low density trade will surely build with low FAR to meet that demand. Floor Area Ratio (FAR), alternatively known as floor space index (FSI), is the total floor area one is allowed to build on all floors put together, divided by the area of the plot. In other words, it is the degree of intensity of use to which a piece of land is put to generally determining the number of people that will live on the plot.

THE FAR SIDE OF REAL ESTATE The market price of land in an urban area depends on several complex factors, some of which are: 1. Geographical location i.e. distance from the city center, etc. 2. Land use controls. 3. Permissible Floor Area Ratio in different locations.
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4. Urban Land Ceiling Act and the areas covered under it within metropolitan areas. There are instances where a centrally located land with a maximum permissible FAR of 1.0 is more expensive than a land with a 2.0 floor area ratio located on the outskirts. FAR therefore is only one of the factors influencing land values.

FLOOR AREA RATIO: INDIAN SCENARIO

FLOOR AREA RATIO: A CRUCIAL ASPECT OF REAL ESTATE

The issue of Floor Area Ratio (FAR) in the real estate sector has always been a contentious one. FAR is one of the key determinants for development in the country. FAR in India is low and is considered a hurdle to construction activities. While the industry has been demanding an increase in FAR, the question is whether an increase makes sense without improving the overall infrastructure in the country. FAR essentially means the limit that is imposed on the amount of construction in a certain plot of land or location. In other words, it is a means of controlling building volume in accordance with a previously developed master-plan for that location. FAR parameters vary from state to state and are governed by the respective city development authorities. FAR restrictions are necessary in heritage zones featuring monuments, and wherever higher FAR would destroy the urban fabric of a particular area. This has been the primary area of contention. Lower FAR implies higher horizontal growth, which is positive in terms of environmental sustainability but negative in terms of available supply. Bangalore-based real estate consultancy firm Asipac Projects chairman AmitBagaria feels that horizontal development definitely has its disadvantages. The world
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realized over 50 years ago that horizontal development is expensive. Horizontal development has its negatives infrastructure is collapsing, fuel consumption too is growing leaps and bounds. There is little doubt that a higher FAR will bring in more supply in the market, thereby creating room for more affordable housing. Surpluses are needed in real estate. We have the funds and the resources. When surpluses can be created in other areas, then why not in housing? There are several advantages can accrue to the sector if FAR is increased. But what about the infrastructural bottlenecks those act as a major hurdle? Typically, doubling the FAR shall reduce the per capita cost on development infrastructure; however this is not a direct proportion relation. In India, our infrastructure is yet to cater to current requirement and hence doubling FAR instantly would put an additional strain on infrastructure, Its a Catch 22 situation. What is the solution out of this unending cycle? Experts suggest identifying select areas that have the capacity to accommodate a higher FAR. There are a lot of areas where land is not being utilized and is lying vacant. These can be optimally utilized. Ideally, infrastructure should be allowed to develop first. But as that does not happen in India, developing it simultaneously is the only option. Developers agree and they feel that a zone or centers of excellence can be created within which, the FAR can be increased. According to a company spokesperson of Uppal Housing, such a model can be replicated in all the cities in the form of a well demarcated area, similar to the Central Business District (CBD). A dedicated wing to study the demand and establishing reforms for FAR index is highly desired with the increasing demand. The model specializing in the subject will provide optimum utilization of all re-sources and can help to get maximum returns.

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In fact, certain states such as Haryana permit IT projects in industrial areas and offer higher FAR to such projects than is permissible on their designated land use, within certain area restrictions. Pune is also an example. This is a workable model, pertinent to specific areas that can accommodate higher FAR without disrupting the social and urban fiber of a city. Of course for the investor, a higher FAR can augur some good times ahead. It can be the only way to fight price rise and accommodate the rising demand in the real estate sector. Projects will then be cheaper on a unit-to-unit basis and also plentiful in profitable areas, which obviously would be a welcome change. It can help stabilize land prices, which ultimately will benefit the common man. A raise in FAR would help in setting up more affordable houses and control the steep rise in prices. The national average of FAR in the country would approximately vary between 1.25 and 2. And while it may be some time before the FAR could be increased to desired levels, this debate has at least spruced up efforts by industry players to think of alternative methods. There is a pressing need to revise the FAR despite the fact that infrastructure development poses a major challenge. Hence, government initiatives in improving infrastructure facilities on a priority basis are the best way to meet expectations of billions of people from the real estate sector. INCREASE IN FLOOR AREA RATIO CEILING DEMANDED

NEW DELHI: Hunting for a suitable venue seems to be the most painful part of getting married. If you are just wee bit late, chances are you will be stranded with nowhere to go. What can one do when 14,000 weddings are held in the city in one day?While some feel vacant plots and parks that are not with the horticulture department should be let out for weddings, others say that MCD should increase the ceiling on floor area ratio (FAR) for community centres, baraatghars,

and dharamshalas.

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"The FAR specified for these buildings is not practical considering that these specifications were created years back. The city has changed since then; the population has also grown manifold. Court orders prevent social programmes from being held in parks. Only a few can afford to pay for hotels and banquets halls." But, "The new building bye-laws are also going to be in accordance with the Master Plan which specifies FAR and height of buildings in different areas. MCD cannot change things at its whim." BUILDING REASONABLE FLOOR AREA RATIO FAR Floor Area Ratio (FAR) in Real Estate India is one of the key determinations for development. Its considered low in Indian Real Estate that poses a hurdle before construction activity and makes unaffordable housing. The norms of FAR needs to be reviewed and revised for the betterment and effective land use. The increase of FAR would certainly increase the availability of residential and commercial Property in India.

There is a need of integrated urbanization plan in India Real Estate for the next 100 years, and accordingly open up enough space for development. The thoughts and prepositions are moving in for increasing the present available FAR in the Indian Real Estate market.

Indian Real Estate needs to wake up on the FAR/ FSI norms, to compete globally we need to increase the present FAR/FSI of 1, 1.5 or maximum 3 to at least 10-25. Asian cities like Singapore, Bangkok, Malaysia, vary between 5 and 50 FAR/FSI. Even the Apple City of USA Manhattan (New York) has the FAR/FSI of about 20. With more and more Urbanization and Real Estate India developments the population is moving from rural to urban for better city facilities. According to survey by TheLandSmiths.com by 2025, over 45% Indias 1.3 billion strong

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population would be living in town and cities. Higher FAR is desirable for developing new towns in the future of Indian Real Estate Industry. FAR TOO GOOD: MORE HEIGHT, FLOOR AREA FOR MULTIPLEXES In a decision that will leave several cinema hall owners (who have approached the authorities for converting the theaters into multiplexes) smiling, the UT Administration has fixed the height of multiplexes at 62.3 feet. An additional Floor Area Ratio (FAR) of 50 per cent (taking the figure to above 2) was also approved. Most of the existing cinema halls in the city are around 55 feet in height and have an FAR between 1.5 and 2. The modalities of parking are still being worked out with the likelihood of allowing two vehicles for every 15 seats.In Industrial Area, the multiplexes and malls enjoy a lower margin the Administration has allowed the multiplexes to go up to 100 feet in height. Requests had been consistently pouring in from multiplex owners to allow them the additional height and FAR. The decision will apply to all halls that go in for conversion now. A drift from these parameters will be allowed only if there are special architecture concerns, as in the case of KC cinema. FLOOR AREA INCREASED While some say the demand for more floors has increased, others say that it will only convert the city into a concrete jungle With the Ghaziabad Development Authority (GDA) announcing the increase of the floor area ratio (FAR) to 2.5, the city is all set to house more 15 to 17 floor buildings. The decision has invited a mixed response from the residents. While some say that the demand for more floor has increased with the changing times, other say that it is only convert the city into a concrete jungle. There is a demand for the top floor. The common notion is that apartments on the tenth floor and above are more secure, and there is less disturbance and more fresh
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air. In general owners sold out all apartments on the top floors but have few apartments available on lower floors. As per the new orders, private developers can now cover 2.5 FAR along with 50 percent extra constructions that will be allowed after additional payment. Up to now GDA allowed construction with FAR 1.5 and 33% additional coverage after payment. If the FAR has been increased, it means GDA is allowing more apartments in the buildings but is someone also looking into the green area that will be mandatory. If the constructions go unchecked, projects in Indirapuram, that is hot property because of planned development, will fail. There are others who have sent recommendations to the GDA to either make it compulsory for builders to ensure earth quake resistant buildings and provide more green areas. Mindless constructions should not be allowed merely because of commercial reasons. Safety should be a concern. The GDA should take its decision back if they cannot ensure safety of buildings. In the Trans Hindon area, the number of high rise buildings has grown in the past five years in Indirapuram, Vaishali, Vasundhara and Kaushambi. Compared to Noida, where commercial buildings have FAR as high as five and residential buildings follow the FAR 2.5, constructions in Ghaziabad are changing trends. The GDA, on its part, says that the decision has been taken only after a high demand for high rise buildings. They have increased the FAR because of greater demand for high rise buildings. At the same time, no objection certificates have to be taken from the authority apart from the mandatory requirement for green area and adhering to building bylaws.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DDA AGREES TO INCREASE FLOOR AREA RATIO OF HOTELS With an acute shortage of hotel rooms in the Capital and failing to sell its hotel plots, the Delhi Development Authority (DDA) has finally decided to give in to the demand of the hotel industry to increase the Floor Area Ratio (FAR) of all the existing as well as upcoming hotels. The DDA sent the proposal to the Urban Development (UD) Ministry last month for approval At present 150 FAR is allowed for hotels, the DDA has proposed to increase it to 22 5. The increased FAR would generate an additional 2,400 rooms in the Capital.Presently there are 8,500 rooms in the existing hotels. These include 6,000 rooms in the hotels that have come up on independent plots. It is these independent plots that will directly benefit from the increased FAR. FLOOR-AREA RATIO NORMS TO BE EASED IN MASTER PLAN The master plan for Delhi, to be announced by December, will have provisions to permit dwelling units on 27,000-hectare agricultural land that Delhi has in its possession. The plan will also provide for easier and relaxed floor-area ratio norms for the citys vertical development, including provision for necessary no-objection certificates (NOC) from water and power authorities. In the new master plan, real estate developers will be given ample liberties to put up sky scrappers on plots having adequate water and power, as of now, the government had no plans to permit the hoteliers to add up rooms to their hotel premises, as it would not solve the problems. Instead, the government was considering allocating those separate sites to build new hotels for meeting the growing demand of tourists.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

MAHARASHTRA RAISES FLOOR SPACE INDEX TO MEET BUDGET DEFICIT Maharashtra increased the floor space index (FSI) ratio in Mumbais suburbs. The new FSI will be 1.33. Earlier the figure was one. The decision, included in the state budget, brings suburbs on par with the island city which already has an FSI of 1.33. FSI is the rate of the permissible developable area on any plot. Developers will be able to build an additional 33 per cent on a given plot of land in the suburbs by paying a premium on this additional FSI as per the market value. It is a moneymaking opportunity for the government. Increased FSI is expected to add Rs 1,400 crores to the state exchequer. Changing FSI is part of the development plan to be prepared by a planning authority under the Town Planning Act; not a matter to be dealt within the state budget.Raising FSI will lead to an increase in housing supply.

GOVERNMENT MAY RAISE FLOOR SPACE INDEX FOR MUMBAI The Maharashtra government is planning to raise the floor space index (FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to put an end to the piecemeal manner in which the index is being raised for various projects. A team of state government officials and a team of experts from the World Bank are working on the proposal to have a common FSI for both the island city and its suburbs. Currently, the island city has an FSI of 1.33, while in the suburbs it is only one. The FSI is the ratio of total floor area of a building to the size of the plot. It indicates the maximum construction allowed on a plot in a particular area. That is, if the FSI is one and the plot size is 1,000 sqft, the maximum construction allowed on that plot will be 1,000 sq ft. The current FSI is hardly enough if we have to meet the growing demand for housing in the city. Nearly 80 sq km area out of total 437 sq km of Greater Mumbai
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falls in a no-development zone, which includes national park, coastal regulatory zone etc.,. The state government is also planning to grant an FSI of 4 at the metro stations and within a radius of 500 meter of them. It has granted a similar FSI for the Dharavi redevelopment project. The higher FSI is also available to builders who undertake schemes for slum redevelopment or rehabilitating the project-affected people. However, World Bank has objected to the state government's this piecemeal approach about the higher FSI and called for uniform policy on it during recent parlays of state government officials and World Bank experts on Mumbai Makeover program. MAHA GOVT TO UP FLOOR SPACE INDEX TO 1% Maharashtra government has decided to increase floor space index from half per cent to one per cent for constructions in the newly emerging townships near cities across the state. The decision to double the FSI for new urban townships has received the Cabinet nod. The new townships would decongest big cities offering residential premises to a growing number of urban populations. The developers in these areas would be charged an extra amount by the government for the additional FSI which would be utilized for other projects. LIMITED FSI ADDS TO LAND SCARCITY If Indias skyline sans skyscrapers reflects a growing economy, it has also at the same time added a few limitations as it is by the low Floor Space Index (FSI) restrictions imposed by municipal authorities of major metros. With land already scarce, and acquisition quite an issue, the low FSI is compounding matters for real estate builders across India.

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The Floor Space Index (FSI) is the ratio of the total floor area of buildings to the area occupied on the ground. On an average, most Indian cities maintain the FSI between 1.33 and 3.75, but this is sadly inadequate, complain builders, as it does not allow them to spread their costs on the plot of land. Land prices in India constitute almost 50% of the cost of the property, whereas it accounts for only 15 -20% of project cost overseas. In New York where land rates are steep, the government allows a high FSI, enabling real estate developers to cover their costs and maintain their profits. India needs to revise its FSI policy in view of steep land costs, and the commercial and residential needs of a growing economy. Restricting vertical growth directs all construction activity towards luxury projects, such as hotels, to cover the land cost. A trend towards multipurpose use of luxury construction to work around the FSI restrictions has been observed. More mixed land use in Indian real estate has recently been noticed as fallout of the low FSI and high land cost. Hotel complexes in Bangalore and Noida are found to be housing retail outlets under the same roof to cover their costs. Hyderabad recently hiked its FSI to 5 to accommodate the severe space crunch felt by real estate builders. In Mumbai, the FSI is the lowest in the world, considering its size and population. This has led to stretching of the city to far flung suburbs, straining the infrastructure further. The FSI policy also needs to look into bringing in variations within the city, rather than maintaining a flat ratio throughout. The crunch is more acute in the commercial space category, and a higher FSI would definitely give a boost to the Indian real estate industry.

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MUMBAI HAS LOWEST FLOOR SPACE INDEX, SAYS DEVELOPER Mumbai has the lowest Floor Space Index (FSI) of 1.33 against an all-India average of 2.5 to 3. The city needs an FSI of at least five to ease the shortage of housing, a leading developer said today. FSI denotes the amount of construction that can be done on a given piece of land. In Bangalore the FSI is 3.25, in Gurgaon near Delhi, the FSI is between 2.5 and 4, and interestingly, in Hyderabad or the entire state of Andhra Pradesh there is nothing like FSI and one is free to construct whatever one wants. Even in Mumbai, till the mid 1970s the FSI used to be 4. Nariman Point was given an FSI of 4. However, the state government started reducing the FSI gradually from the mid-1970s coinciding with the introduction of Urban Land Ceiling Act. But Mumbai needs an FSI of 5 to ease the housing shortage. The argument that the city does not have infrastructure to meet the needs of the higher FSI is not valid.Infrastructure can be created by imposing charges for new development. The reason the FSI is not being increased is due to lack of political will. Accordingly, higher FSI is an accepted norm globally. In Dubai, he said the FSI given works out to between 8 and 34, in Hong Kong; it is between 8 and 20. In Manhattan New York, it is 30.

MORE STRESS ON THE `CORE' CASE OF HYDERABAD The HMDA has embarked on a task more challenging than the preparation of draft Master Plan 2020 for Hyderabad Metropolitan Region including surrounding municipalities. It has now commenced the process of Master Plan preparation for core city area/Municipal Corporation Area.

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A Master Plan essentially lays down regulations for land use, building norms for environmentally sustainable development. But how does one plan for the core city that is already congested and bursting at its seams? Precisely for this reason, HMDA organized a workshop to invite suggestions for the renewal of inner city. "Planning does not only mean creating a road map for development of new areas but also to make the inner city area livable. How to decongest the core area? Can some areas where population density had gone beyond their holding capacity be declared no construction zones? How to keep the inner city sustainable and economically and environmentally viable? All these form part of planning for core area. Development of newer areas should never be at the cost of inner city. Inner city is the soul which should be nourished and amenities be regenerated even as the urban area expands into hinterlands providing for a symbiotic relationship between inner city, intermediate city and urban city. Slum upgrading, relocation in some cases, traffic redesigning, declaring some area pedestrian walkways, non-motorized transport, upgrading capacity of sewerage and water supply, emphasis on preserving art and culture and sustainable environment to future generations, providing a place to live, sell and work for poor, using open areas in midst of city as `haats', provision for night markets for the benefit of vendors are measures that would meet aspirations of all sections within core city. FAR ANGLE As Floor Area Ratio (FAR) acts as lever for construction, FAR permission should take into account existing densities and infrastructure carrying capacity. No additional density should be sanctioned in core areas without a detailed planning analysis and public consultations. Efforts should be made to retrieve lands by public purchase or pooling for strengthening social infrastructure and civic amenities such as parks, playgrounds, public toilets, community halls etc., experts suggested.
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In other case, it is a step in a positive direction. Developments in the Central Business district of BandraKurla Complex will get a fillip with the urban development ministry clearing a proposal by MMRDA to raise the floor space index (FSI) for commercial properties here from 2 to 4. A number of corporate are likely to benefit from the states decision. More FSI would lead to significant corporate investments and improve the attractiveness of BKC as an investment destination, It would entail creation of additional jobs, which in turn will lead to demand for more housing and retail in the vicinity. The entire suburban market will be impacted. Increased FSI would also mean better standard of construction and facilities development, say experts. BKC has so far lacked in integrated development. They will now see some kind of integration, convenience shopping, better parking facilities and food courts. The increased FSI will offer opportunities to build different kinds of complexes and several green buildings would also come up, as increasingly, corporate clients are demanding a complete working environment and working experience. The move will also lead to incorporate high quality facilities, including security, and automation among other building management systems. The additional FSI will be available on payment of a premium prescribed by the MMRDA and would be a major source of revenue, which the planning authority would use for mega infrastructure projects, building flyovers and skywalks. Given the pressure on land, we need more FSI and places which have higher accessibility must be provided with higher FSI so that the land use pattern is efficient. The strategic location of BKC, which will be connected by metro rail, deserves to have more constructed space and hence higher FSI was needed. The implications of the move will be seen only after developments are in place in about three years from now. It will essentially improve office space supply, which in turn will affect the price movement too.

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Whether existing corporate would choose to utilize the extra FSI would depend on their individual cost benefit analysis. They would have to decide whether better efficiencies or better results would come in through exercise of the FSI, which would entail demolishing the existing building and constructing a new one. BKC will remain a premium destination; many of these buildings were built in 1996-98 when technology was not as good. These corporate may, after a cost-benefit analysis, opt to go for larger buildings which are technologically superior with better amenities like large parking space, food courts, among others. But most corporates will see how feasible it may be to add one or two floors or an extra wing, provided the design of the building and vacant space allows for use of additional FSI. Builders however will look to be utilizing the entire FSI. It is expected that the four FSI will be utilized by newer plots, which can factor it in their costs and planning. Certain plots in BKC are still waiting to be allotted by MMRDA. The additional 2 FSI will not come cheap. The government needs money to build infrastructure, hence will not bring down the price of FSI. There is a strong demand for BKC. Plots have been auctioned at high prices and rentals are here to stay. On a different note, developers feel the MMRDA rates for the additional FSI at Rs 15,000 per sqft are too high and will not find many takers. And few others feel, MMRDA needs to incentivize the extra FSI by selling it at around Rs 7,000 or Rs 8,000 a sqft, which would be more realistic. Only then would developers or plot owners find it worthwhile to purchase and utilize the additional FSI. Market fundamentals will always be a factor in benchmarking cost. The surge in rental values, competition between developers will impact FSI cost. However developers who have purchased BKC plots in the last two years, when the FSI cost was averaging around Rs 35,000 would still be able to average out their costs with the present FSI cost.
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More coordination and planning will be required. The builders, who have already started constructing projects, without making provisions for additional parking in the basement, will now have to find ways to provide the requisite infrastructure, while building the extra floors. Accordingly, there is very little quality infrastructure in BKC, hence they cannot continue to command high prices in lease rentals. The enhanced FSI cannot operate in a vacuum, The government needs to look at the infrastructure roads, power, water supply, security. Unless these are put in place, higher FSI would be difficult to sustain. Corporates would also demand better connectivity to BKC from Kurla, Kalina and Dharavi to be able to move in and out of the area easily in a shorter time frame. NEW MHADA POLICY TO PREVENT MISUSE OF FSI In a bid to shake off criticism that it was granting additional building rights in an arbitrary manner, Mhada has come out with a new policy decision that aims to put a stop to the practice of awarding building rights in the form of floor space index (FSI) on a first-come-first-served basis. FSI would now be granted equally to low income group (LIG), middle income group (MIG) and high income group (HIG) constructions that the housing board undertakes. The courts directions came on a PIL filed by NGO Awaaz Foundation against Mhadas policy of granting FSI, especially in the Gandhi Nagar area in Bandra. According to the petitioners, there was a gross misuse of FSI and unutilized FSI meant for LIG constructions were given to the HIG buildings. Mhadas affidavit, outlining its new policy that was approved by the Maharashtra government in October 2007 was submitted to the court by assistant government pleader G W Mattos. The revised policy would be applicable with respect to

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redevelopment of housing colonies, for the grant of extra FSI to cooperative housing societies, small plots and plots reserved for recreation grounds. People from economically weaker sections, who apply for tenements in LIG constructions, now have a reason to cheer. The new policy has proposed increase in the carpet area in LIG tenements from 30 sqmts to 45 sqmts.Mhada informed the court that the proposal would be implemented once the Urban Development Department of the state approves it. Giving up the policy of first-come-first-served basis for grant of additional FSI and equal distribution of FSI would now mean that unutilized building rights of one group cannot be allotted to another group. However, Mhada clarified that the housing societies can use Transfer Development Rights and other FSI for the constructions according to Section 33 (5) of the Development Control Regulations. The new policy would be applied retrospectively and cooperative societies that were already granted additional FSI according to the previous policy would now have to pay a premium. The amount would be a percentage of the Ready Reckoned rate of the year of allotment of the FSI, the affidavit stated. In the overall analysis, the additional FSI will in the medium term have an impact. Nothing will change in the short term, as the supply is only on paper. We cansee more and different types of buildings and things should ease out in the next two or three years. Lease rentals are based on the expectation of economic growth. Increasingly Urban places will lace cyclical situations in real estate.

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DEVELOPMENT CONTROL AND ZONING REGULATIONS W.R.T FSI/ FAR Urban management is an essential part of Urban Development. The whole question of urbanization is complex because of the interdependence of various factors of which physical planning is the base. Conflict between the users and providers exist. Users include populations, industries and commercial establishments while providers encompass policy makers, planners and authorities. The interaction between two decides the quality of urban life. Besides, these most of the urban areas in most countries of world have witnessed unprecedented expansion. Industrialization and Urbanization has been responsible for the various problems of transportation, over congestion, existence of non-and conforming uses on adjacent sites. Thus Process of development thus becoming more and more complex. All these are results of not guiding development in a particular direction or checking the unwanted development by certain public and private developers. Development plans are made to remove these irregularities. Development controls are an integral part of these development plans. They aim at regulating development in accordance with land use setbacks and many other things in a compatible manner. Development Definition: Carrying out of building, engineering, mining or other operations in or over or under land or water or making of any material change in any building or land or in the use of any building or land and includes redevelopment and subdivision of any land. Development Control Definition and Significance: It is the process through which development carried out by many agencies, both by public and private are checked in the benefit of whole society. In the United Nations report of 1977 it is stated that key elements that comprise complex urban systems in the less developed countries are (a) physical factor based on the size and density of the population (b) Functional characteristics of a place (c) Mixed Land use patterns.

40

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

As land is not available in the free market, as a result land prices have spiraled up to very high ultimately resulting into a high land component in the total cost of the project. As it is very difficult to acquire the land which are more than 1000 sq.m, most of the builders are undertaking small projects and unable to achieve economy in the construction. Thanks to a couple of scams in Mumbai and elsewhere, the terms FAR or FSI are quite familiar to average citizens in India. Few people however have any idea what a Floor Area Ratio (FAR) of 2.0 actually means on ground in environmental and economic terms though some may know its mathematical formula. Public knowledge also includes that the developers and builders as rule keep asking for higher FAR which the government keeps opposing, also that the environmental groups religiously make noises against any increase in FAR. The National Housing Seminar held in Delhi in October 96, counted among its participants a large contingent of real estate developers from across the country. It passed a recommendation that the Government should consider giving increased FSI in the growing urban areas so as to reduce the increasing pressure on agricultural land. One may find it difficult to understand how this helps the building trade. AIMS and OBJECTIVES of Development Controls It largely implements the provision of development plan, the aimed development and direction of development. a. Guides development or the use of land and preserve other site against the intrusion of undesirable development. b. Curbs misuse of land so that it will not injuriously affect the interests of the community. c. Regulates the non use of misuse of land. It sets certain trends in the framework of development process which indirectly help in improving the total environment.
41

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

It provides for quantitative and qualitative measures of demand in a changing pattern of land use. It helps to secure coordinated development. Development control rules are generally made to meet relatively static situations and generally become too rigid in nature. They must cope with the increase in the population and the complex needs of urban society. It must be dictated more by social requirements of the community. Development control is a skilled process, and needs to be treated with care, with intelligent appreciation and all that it involves. It must not be forgotten that this tool is available for the betterment of the environment, for the community and not to meet certain political or special ends. The success of development control system depends more upon the cooperation and understanding between government and private enterprise. Elements of Public Interest which prompt the Use of Development Control 1. Health 2. Safety 3. Convenience 4. Economy and 5. Amenity Health and Safety: A strong emphasis on constraints to prevent conditions injurious or hazardous to the physical well being or the people of the community is important. The following criteria are to be achieved: a. Protection against accident hazards. b. Provision of adequate daylight. c. Sunshine and Ventilation. d. Protection against excessive noise. e. Protection from fatigue and provision of adequate privacy. f. Protection against atmospheric pollution.
42

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

g. Provision of opportunities for normal family and community life and protection against normal hazards. h. Provision for possibilities for reasonable aesthetic satisfaction. Most of these controls apply to individual and to the broad pattern of land use and take the form of regulatory measures involved in zoning, subdivision regulations, etc. Convenience: It is closely associated with the public interest and constitutes a third major basis for the exercise of control. Public convenience is basically a derivative of the location arrangements of land use and the relationship that each functional use bears to every other one. Convenience can be judged in terms of home to work, work to recreation, etc., relationships. Economy: Economy is a term concerned with public cost implications. What land use arrangement is most efficient and least costly to the municipality and to the citizen is the basic concern hero in the exercise of control. Economy is closely associated with convenience. Amenity: It refers to the pleasantness of the Urban environment as a place in which to live, work and spend ones leisure time. The increased importance being attached to amenity as a dimension of public health and mental well being, may well result in a more positive recognition of aesthetics as a basis for exercise of regulatory control in the future. TOOLS of Development Control The most common ones are: 1. Land use control. 2. Sub-division control. 3. Height control. 4. Plot coverage control/ Set back control. 5. Floor area ratio Density control. 6. Building line control.
43

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

7. Architectural control advertisement control. 8. Building bylaws or Building Regulations. 9. Zoning. Land Use Control: This works directly towards the beneficial regulations of the physical environment through the choice of basically suitable locations from various uses. It directs private action towards the achievement of public goals. It allocates the reasonable quantity and quality of land for each type of use and through this control; the uses could be grouped and related to one another, so as to avoid the juxtaposition of inharmonious or incompatible uses. The main aims are to: 1. Maintain proper standards of health, safety, morals and welfare. 2. Avoid the deterioration of general environment which may be due to a misuse of incompatible uses. 3. Stabilize the land values and to avoid speculation of land. Land use control helps to regulate the allocation of different uses such that the basic requirements of each one of the uses are fulfilled. Subdivision Controls:Due to increasing demand for plots for erection of houses, factors and other structures, the owners of agricultural and vacant lands outside the built up areas of cities sub divide their lands into plots and streets and sell them. Sub division regulations give local authorities powers to exercise control over this land subdivision. In India, powers for control over land subdivision are available under the Municipal Act but there is need to frame separate subdivision regulations so as to specify details standards with regard to road widths, minimum plot sizes, payment of security deposit, etc., but very few local bodies in India have framed such subdivision regulations. Such regulations are also needed in cases of new Industrial townships where the municipal act may not be in operation. The basic philosophy underlying subdivision control is that the owner of the laid being subdivision as house-sites and streets should bear the responsibility for
44

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

forming the streets in the prescribed manner and for setting apart the required public sites for the community facilities. The local body should not incur expenditure in this regard from its general funds. It should only be responsible for their maintenance. There is an obligation, normally under the municipal act, requiring that if any owner of land utilizes or sells sites for buildings, lay down streets giving access to the sites. He is required to send a proper layout plan showing plots and streets to the local authority and obtain its approval before the sales of the plots. If the land in question falls within the limits of a planning scheme, notified under the town planning act, then the Municipal Council will take into consideration the scheme proposals and scheme bylaws while scrutinizing the layout application. It is desirable that the subdivision plans of owners of adjoining lands should be coordinated in the interests of proper development of the entire area and provision of necessary public sites and the proposed streets should be of adequate width and property integrated with existing street patterns. It is also necessary that the subdivision layout plan would be within the broad framework laid down by the Master Plan with regard to land use, density and road proposals. In fact, some of the American Planning Laws specify that sub-division control can be exercised only within the framework of a Comprehensive Development Plan. The Municipal act also specifies normally that the streets shown in the approved layout plan should be properly leveled, paved, metaled, flagged. Channeled, severed, drained and lighted to the satisfaction of the Council before the plots are built upon. Thus no license should be granted for construction of a building on a plot unless the above mentioned conditions are satisfied. A street shown in the approved layout plan may be declared as a public street by the Council based on a position sent by the owners of adjoining plots if it has been formed in the manner specified in the standards, some of the local bodies collect security deposit, sometimes referred to as development charge, at the time of approval of subdivision plan.
45

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Height Control: These are designed primarily to ensure an adequate supply of Light and Air. They have been used, less successfully for the purpose of limiting the capacity of buildings to the capacity of streets. Since much of the street traffic does not originate from the abutting property and buildings of the same plot. Used for different purposes do not always generate the same amount of traffic, plot control does not offer an entirely satisfactory solution to the problem. Regulations are adopted for the tall buildings because they 1. Cut off the light and air for the neighbors. 2. Generate increased traffic, as a result of the large number of offices and shops which they contain. 3. Sometimes overload utilities. 4. Endanger occupants due to fire hazards. 5. Amplify the noise and confusion of the streets. But in CBD tall buildings are allowed due to high cost of land. Three principal methods used limiting the height of the buildings area: 1. Maximum feet or meter 2. The number of storey permitted 3. Multiples of street width subject to certain limitations Some case even angle from street center is used. This is mainly to allow light. Height controls are also helpful in achieving a particular character of use zone. Plot Coverage Control:These along with height regulations help to check the size and bulk of buildings. Open space which is compulsory to be left while regulating plot coverage helps to secure sufficient light and ventilation. They are usually dependent on factors like: 1. Character and use of district. 2. Size of the plot. 3. Availability of fire services.
46

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

4. Special problems of water supply and sewerage disposal. Generally it is specified by the percentage of total area that may be built upon. Set Back Control:These regulations may vary from use to use and area to area. These are beneficial because they: 1. Afford room for lawns, trees, etc., 2. Keeps the dwelling away from dust, noise and off the street. 3. Reduce the hazards, due to space between buildings. 4. Can be used for parking. These regulations vary depending upon plot size, proportion of plot, use of district local environment, etc. Floor Area Ratio Control: FAR is the total floor area of all storeys of a building to the total area of the plot. This is advantageous because: 1. It can be applied to all types of buildings. 2. It is more flexible than other forms of control. 3. Additions and alterations to existing buildings can be more easily controlled. FAR depends upon many factors. The following points are considered: 1. The standard of utility services. 2. Transport and communications. 3. Existing character of development, need for its improvement, prevailing land values. 4. Standards of social and community facilities. 5. Living space standards. 6. Light, air, privacy, etc. 7. Total land available for development. 8. Maximum desirable population in the planning areas. Higher FAR is usually for CBD since the land values are higher.
47

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Density Control: This control is of vital importance to the community as it directly checks the number of persons in the area. Other regulations do not directly control the number of persons. The factors are: 1. Overcrowding of the population. 2. Congestion in streets. 3. Reduction of fire hazards. 4. Overloading on the utilities, etc. The decree of aggregation of population in different settlement gives the activity patterns and decides the land use pattern and structure of the settlement. The optimum range of density is very much required for maintaining the optimum living standards. Building Line Control: Building lines are established along one or both sides of a street and thus prevent the creation of any new structure between the building line and the street. They are established for any one of the following: 1. For future widening and creation of certain streets and roads. 2. For designing right of ways of certain streets and highways which are not yet acquired and physically opened. When a building line lies within the lot area occupied by an existing structure nothing happens for the time being, but if the owner of that building tears it down and replaces it with a new structure, he is required to erect the new building, back of the line. Architectural Control:The primary objective is to prevent excessive uniformity, dissimilarity, in appropriateness and poor quality of design in the extension of buildings. These types of control have gained importance in cities like Delhi, Chandigarh etc. Architectural control generally includes faade control but sometimes the frame control may also be exercised to achieve a particular character. Frame control may be exercised in new developments where the row houses etc are coming up. This control required the construction of a frame around each individual
48

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

to fix his apertures as may be required by him. Conditions like height of building or number of floors or proportion of openings may also be specified. Faade control is exercised by reviewing the plans and specifications for location and exterior design of all buildings in particular areas. These types of controls even help in conserving areas of historical importance like the Charminar Complex at Hyderabad. Advertisement Control:Control of advertisement is comparatively a recent phenomenon. The public interest in controlling outdoor advertisement is not always confined to hazards to public safety but also aesthetic considerations. Permanent damage may be caused to the entire city landscape in case a control is not exercised. Posters or hoardings at traffic junctions may draw the attention of motorists causing accidents. Usually these controls are exercised on major thorough fares in the city, public highways, schools, temples, etc. Advertisement control is much more difficult to exercise than some of the other controls because in many cases the validity of the same may be questioned as in the case with some of the western countries.

49

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

BUILDING BYE LAWS W.R.T FSI/ FAR Every locality has peculiarities of its own and with respect to its weather conditions, availability of materials and labor, other local factors, etc. It becomes economical to construct residential buildings and other structures in definite planned way. Hence, every locality prepares or frames certain rule and regulations controlling the development of area its command. A Bye law is a law framed by subordinate authority. The building codes are defined as the standards and specifications designed to grant minimum safe guards to the workers during construction; to the health and comfort of users and to provide enough safety to the public in general. The need of enforcing building bye laws by law is quite evident from the fact that unless prevented by law, the house owners, with profit as the only motive, will construct residences lacking in amenities and health conditions. In the absence of suitable byelaws and machinery to enforce the poor people will be left at the mercy of well to do people. The importance of building byelaws and to smoothen the work of government of departments, municipal bodies and other construction agencies, the national building code or NBC has been published by Bureau of Indian Standards. It is prepared to unify the building regulations throughout the Country. By tradition, the administration of building rules in urban areas of our country has been the function of municipal bodies. The mention of building rules brings different images to different persons to the citizens, it often symbolizes a source of harassment and corruption; to the elected councilors, it represents a cause for headache and friction with elected members; to the building inspector, they are sources of additional income arid influence in the town, while, to the town planner, they represent an ideal viz, the orderly growth of towns. Thus in discussing building rules, we are dealing with very sensitive areas of municipal administration. However, the fact has been influenced more by enforcement of building bye laws,

50

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

municipal acts, and activities of improvement trusts rather than by implementation of schemes under the Town Planning Acts. Building rules specify standards relating to structural safety of buildings, internal dimensions of rooms, light and ventilation, open spaces to be left on plots around buildings, minimum standards for facilities like kitchen, latrine, bathroom and sanitation. Building rules are applicable uniformly over all sites within a municipal area. Under the municipal acct, no party can make a material change in land use without applying in the prescribed manner and obtaining a license from the municipal body, which takes into account the building rules and other statutory provisions while dealing with the building applications. Some of our acts do not make any reference to the obligation to obtain permission when making material change in use of buildings. In some cities, the executive officer of the local body has powers to pass final orders on the building applications while elsewhere this power rests with a standing committee set up by the election body. The State Town Planner or in some cases, the appropriate committee of the local body has powers to grant exception from the operation of building byelaws in any cases of hardship. Any building constructed without obtaining permission from the local body or in deviation from approved plans is treated as an unauthorized construction by the local body and appropriate action against it through demolition or prosecution in a court or collection of a compounding fee for overlooking the offenses. EVOLUTION OF BUILDING REGULATIONS W.R.T FSI/ FAR There were no separate Building regulations before 1972. Buildings regulated through street and building lines and layouts rules given in HMC Act and MCH layout Rules 1965. Building Bye Laws 1972 came into force for the first time. Stipulated minimum plot size for various categories occupancies of buildings; setbacks; coverage; and maximum height of the buildings; and FAR provisions introduced in the building regulations for the first time applicable to only non residential buildings. Further changes in the buildings regulations were put forward by various G.Os issued from time to time.
51

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Andhra Pradesh Town Planning Act, 1920; Building rules form part of the A.P> Municipalities Act 1965. IMPORTANT RULES 1. Adequate stability of the buildings. 2. Clean environment in and around the buildings. 3. Adequate standard of healthy life for the inmates of the buildings to be used as a place of living, work and recreation. 4. The prevention of encroachments and misuse of the lands covered by the long neglected system of communication like streets, lanes and the public open spaces. 5. Architects Act 1972.

TIME LINE 1875 Public Health Act. 1936 Minister of Housing and Local Government. 1953 Series IV (buildings); 1953 edition, issued by the Ministry. 1962 Town & Country Planning Act. 1965 Municipal Act. 1972 Building Regulations.

52

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

EVOLUTION PERIOD RULES & REGULATIONS DESCRIPTION Development control exercised by Commissioner as per provisions of HMC Act, 1955. No separate Building Bye Laws, Layout rules came into force from Jan66. Buildings regulated through street and building lines and layout rules mainly. Building line ranged from 10 to 25. Factories regulated separately under section 517.

Prior to 1973

HMC Act 1955 MCH Layout Rules 1965

May 1973 onwards

Building Bye Laws 1972 came into force. Applied to all areas of city. Stipulated minimum plot size for various categories/occupancies of buildings; setbacks ranged from 3m to 12.2m; plot coverage ranged from 40% to 70% of site area, separate Building Bye Laws stipulations for congested areas. 1972 Completion Certificate and Occupancy Certificate provisions; maximum stipulation of buildings allowed up to 30m. FAR provision introduced for the first time applicable to only non residential buildings ranged from 1.5 to 3.5; detailed provisions of requirements of parts of buildings. Statutory Development Plan for city came into force. First zoning regulations based on British T.P. Act 1934 enforced. These ZRs provided for FAR, coverage, plot sizes, permissible height which were in variance with 1972 Building Bye Laws. FAR provisions covered residential buildings too ranged from 2.5 to 4.0 (commercial buildings). Superseded 1972 Bye Laws provisions in the above aspects as per bye law 70. HUDA ZRs 1981 came into force. This amended and superseded 1965 layout rules, 1972 building bye laws and 1975 ZRs. Comprehensive provisions are statutorily in force till date. Building provisions adaptation

Sept 1975 onwards

G.O. 414 Dt./ 27.09.1975

Aug. 1981 onwards

HUDA zoning regulations 1981 Hyderabad. Multistoried regulations 1981

53

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

and MCH building 1972 bye laws. Maximum FAR brought down bye laws 1981. to 2.5 in this. Zoning Regulations made similar to Bombay provisions. Concept of mixed zone (R2) introduced. In conjunction, MCH Building Bye Law 1981 came into force which contained remaining portions of 1972 bye laws (requirements of parts of buildings, etc.). For the first time multi storied building regulations 1981 enacted and made applicable for entire metropolitan area. Maximum building height brought down to 25m by amendment. Open spaces around MS building related to height ranging from 6m to 10m. Fire safety, structural safety requirements, etc, introduced. Certain areas in city made prohibited zones for MS buildings. FAR provisions revised and brought down. Ranging from 0.75 to 1.5 through said G.O. (merely an executive order) made applicable for all UDAs and municipal areas within the state. In effect overridden FAR values of HUDA ZR 1981 and values prescribed in various ZDPs. HUDA ZRs 1981 amended through said G.O. for all small plots up to 400 sq.m with relation to coverage (55% to 80%), set backs (0.75m to 3m) and height (7m to 10m). In Banjara Jubilee Hills areas like minimum plot size of 350 sq.m, minimum access road width of 40, FAR of 1.0, coverage of 40% and net density of 25 dwelling units. FAR enhanced to 2.5 for certain areas through G.O. 234dt. 06.05.1989 (executive order) but did not come into operation (law suspended).

May 1987 onwards

G.O. 584 Dt./ 28.05.1987

Aug. 1987 onwards

G.O. 708 Dt./ 11.08.1987

Nov. 1988 onwards

G.O. 601 Dt./ 05.11.1988

May 1989 onwards

G.O. 234 Dt./ 6.05.1989

Apr. 1992 onwards

FAR provisions further revised and graded Provisions of S.No. according to plot size, width of abutting road & 04 above and G.O. category of area ranging from 1.00 to 2.00. 75 & 76 Separate detail provisions for Group Housing Dt./ 06.02.1992 Schemes introduced with 1.25 FAR, dwelling density and toilet requirements reduced

54

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

coverage, uniform graded set backs, etc., Through G.O. 76, building set backs stipulated on plot size and road width basis. This executive order in effect overridden HUDA ZR 1981.

ANCIENT BUILDING RULES Selected rules and codes according to Manasara or ViswakarmaPrakasika are: 1. First layout the village, town or city, then plan and build the houses. 2. King should allot sites necessary for all classes of men high, middle and low. 3. The minimum land required for the low class man 24X48. 4. The minimum land required for the middle class man 36X72. 5. The minimum land required for the high class man 48X96. 6. In no case >50% of the extent of the site shall be built up on. 7. First, plat trees then erect the building. 8. The palace of the king can have seven storeys. 9. The Brahmins 4 storeys. 10. The Kshatriyas 3 storeys. 11. The Vaisyas 2 storeys. 12. The Sudras 1 storey. 13. The height of buildings in the same street shall correspond. 14. There shall be no deviations from the measurements of lengths, widths and heights. 15. Open front yards 1/3 wide of plot. 16. Rajamarga not <60 (10 Dhanus) and Street not < 24.

55

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

IMPORTANCE OF BUILDING BYE LAWS W.R.T FSI/ FAR To promote the maximum safety to life, health and property, at minimum building costs, through education and training of building officials, plans examiners and inspectors. To create a better public understanding and appreciation of the proper administration and enforcement of building, housing and zoning regulations and their importance to the safety, welfare and prosperity of all citizens. To improve the professional image of building officials by promoting standards of effectiveness and ethics in the administration and enforcement of building, housing and zoning laws through communication, education and training. To assemble with other government officials and industry representatives concerned with building, housing and zoning laws at an annual conference to enable the exchange if ideas and discuss issues if mutual interests. To develop, in cooperative with the continuing education systems if State universities and colleges, courses of instructions and certification of building code enforcement personnel, to provide professional assistance and technical guidance to legislative and other government bodies in the promulgation and administration of building codes and related regulations. Importance of structural mitigation to minimize the impact of earthquakes and adoption and implementation of appropriate byelaws to usher into a safer built environment. A number of technical experts from the Government as well as the private sector participated in the deliberations.

56

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DETAILS OF GOs RELATING TO HMDA (erstwhile HUDA) W.R.T FSI/ FAR Sl. No G.O. No. DATE SUBJECT

Municipalities not covered by UDA areas 01 GO Ms No. 422 MA 31.07.1998 Rationalization of Floor Area Ratio (FAR) and other standards of building requirements

Municipal-Corporations, Municipalities and other 02 GO Ms No. 423 MA 31.07.1988 areas falling in UDAs in FAR & areas Rationalization of FAR Book and other standard requirements.

03

GO Ms No. 411 MA

27.09.1975

UDA

Declaration

of

Developed

Area

Notification.

04

GO Ms No. 421 MA

29.09.1975

UDA _ Constitution of UDA Nomination of members.

05

GO Ms No. 575 MA

12.12.2000

Special

Area

Development

Authority

HussainSagar Lake and its environs

06

GO Ms No. 21 MA

20.01.2001

Declaration

of

Special

Area

Development

Authority _ CDA.

07

GO Ms No. 529 MA

25.10.2001

BPPA Constitution of Authority - Nomination of members.

08

GO Ms No. 352 MA
57

30 07 -2001

Declaration

of

Special

Area

Development

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Authority 3 A of APUD Act HADA.

09

GO Ms No. 535 MA

07.12.2002

BPPA Constitution of Authority - Nomination of members.

10

GO Ms No. 312 MA

06.05.1987

Act Urban Arts Commission.

11

GO Ms No. 520 MA

18.04.1979

Constitution of committees Rules 1979

12

GO Ms No. 215 HMA

01.04.1977

HUDA Rules

13

APUD Act, 2001

14

APUD Act, 2000

15

APUD Act, 1997

16

APUD Act, 1996

17

Amendment Statement of objects & Reasons.

18

APUD Act, 1975

Protection of catchments areas of Himayatsagar& 19 GO Ms No. 111 MA 08.03.1996 Osman Sagar Lakes Recommendations of Committee constituted by HMWS & SR Amendment to GO Ms No. 192, MA, 31.03.1994.

20

GO No. 43 (Agriculture &

07.02.1996

Horticulture & Floriculture Measures to be

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Coop. Dept.)

taken

for

development

of

Horticulture

&

Floriculture in AP Clarifying and declaring floriculture as Agriculture.

21

GO No. 143 (Agriculture & Coop. Dept.)

Horticulture Dept. Mushroom & Tissue culture 27.05.1996 units Extension of facilities given to floriculture units to mushroom & tissue culture units.

22

GO Ms No. 414 MA

27.05.1975

MCH Development Plan and Regulations.

23

GO Ms No. 916 MA

11.08.1987

BDA Zoning Regulations

24

GO Ms No. 528 MA

25.09.1998

Orders Approval Layouts and building permissions.

25

GO Ms No. 292 MA

28.05.1994

Abridged version of ZRs To reduce minimum plot size.

26

GO Ms No.4 MA

04.01.1999

EWS-layout requirements

27

GO Ms No.541MA

17.11.2000

Construction of buildings over 10mts

28

GO Ms No.508MA

10.11.2002

MCH-Declaration of major roadsImpact fees

29

GO Ms No.15MA

15.01.1998

Road widening-Delegation of Powers

59

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

30

GO Ms No.36MA

31.01.2002

Tourism projects-incentives-ZRs

31

GO Ms No.169MA

27.04.2001

IndustrialpolicyFaculties/Incentives/ConversionAgriculture to Commercial

GO No.611 32 Industries GO No.41 Industries

01.12.1986

Industrial Development Simplification of procedures

29.03.1995

33

GO No.78 Industries

18.03.1998

Industries-SSIs

34

Notification No. 3195/PR/H/2000

04.05.2000

Major lakes in HUDA area

35

GO Ms No.538MA

29.10.2001

Notifying Master Plan of CDA

36

GO Ms No.51MA

05.02.1996

Rules-HUDA-Amendment-Rates

37

Lr. No.4058/H2/2003-1MA

17.062003

Modifications to Zoning RegulationBetterment charges

Lr. 38 No.4058/H2/2003-3MA 17.06.2003

CDA- Modifications to Zonal Regulations/Building Regulations-Draft variation

39

GO Ms No.102MA GO Ms No.407MA

23.031998 06-09-2002

List of Notified Buildings in Hyderabad

60

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

40

GO Ms No.542MA

14.12.1995

Regulation of Heritage Buildings and Heritage Precincts(Rocks)

41

GO Ms No.416MA

12.081996

Regulations for protection of Historical buildingsConstitution of Heritage Conservation Committee

42

GO Ms No.102MA

23.031998

List of 137 Heritage buildings

43

GO Ms No.681MA

02.12.1999

Constitution of Heritage Conservation Committee

44

GO Ms No.407MA

06.09.2002

Heritage Building-Administrative Building of Central Prison Musheerabad,Secundrabad

45

GO Ms No.4MA

02.01.2003

Approval of heritage precincts

46

GO Ms No.24MA

22.01.2003

Heritage Conservation Committee

Hyderabad

Urban

Development of Land

Authority Use from

,Hyderabad-Change

Institutional Use Zone to Industrial Use Zone in Plot No.117&118,Sy-Nos 7/1,7/2,8,9 and 10,Ward 47 GO Ms No.924MA 18.11.2005 nNo.8,Block No.5,Defense Colony,Karmanghat Village,SarornagarMandal, Rangareddy District to an extent of 1000 Sq.Yards for installation of Groundnut Crushing Unit-Draft Variation-

Confirmed-orders-issued

61

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Land-Government GO Ms No.508 Dated: 20.10.1995

Land-Regularization

of

encroachment by way of dwelling houses on Government lands situated in areas notified as Urban in 1991 census and in Industrial Township on payment of market value-Orders-Issued

48

Land-Government Land-Regularization of GO Ms No.972MA 49 REVENUE (ASN.1) DEPARTMENT Dated: the 4th December 1998 encroachment by way of dwelling houses on Government lands-Partial modifications to GO Ms.No.508 Revenue (ASN.1) Department, Dated 20.10.1995-Orders-Issued

Urban Development Authorities50 GO Ms No.580MA 17.081982 Delegation of powers of Development control of Municipal Instructions-Issued Cooperation-Municipalities-

Buildings-Municipalities/Municipal 51 GO Ms No.154MA Dated: 06.03.1992 Cooperations/ Urban Development AuthoritiesRevision of P.S.I-Orders-Issued-Further OrdersIssued

Buildings-Un-authorized 52 G.O.(RT)No.1849MA Dated: 17.10.1986

conversion

of

the

permitted uses both in Municipal Corporation and Municipalities-Prompt and tangible action not being taken-Detailed instructions-Issued

53

G.O.Ms.No.332HOME (GENERAL A)
62

12thApril,1979

CINEMAS

THEATRES-Area

comprising

Municipal Corporation of Hyderabad-Issue of

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DEPARTMENT

Permission-Procedure Prescribed-Orders-Issued

BuildingsDated: 06.02.1992

Hyderabad

Urban Guntur,

Development Tenali Urban

Authority-Vijayawada 54 GO Ms No.76MA

Development Authority and Vishakhapatnam Urban issued Development Authority-Revision of

Standards of Set-backs, plot coverage etc.- Orders

55

GO Ms No.979

15th November,2001

CYBERABAD DEVELOPMENT AUTHORITYDelegation of Development powers to

Serlingampalli Municipality-Orders-Issued

Cyberabad 56 GO Ms No.526MA 23rd October,2001

development

Authority-

Appointmentof special officer to manage the affairs of the Cyberabad development authorityOrders-Issued

Buildings-Gram Panchayat-Issue of Licenses and GO Ms No.480 permissions and approvals of layouts by the 28.07.1988 Gram Panchayat under Andhra Pradesh Gram Panchayat Acts and the rules made under-Certain clarifications-Issued

57

Industrial Development-Effective development of Cottage and Tiny and Small Scale Industries in 58 GO Ms No.78 18.03.1998 the State-Simplification of procedure for setting up of Small Scale Industrial Units-Issued-certain amendments-Issued

63

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

GO Ms No.108 INDUSTRIES & 59 COMMERCE(IP) DEPARTMENT 20th may 1996

INDUSTRIES-TARGET 2000,NEW INDUSTRIAL POLICY,1995-SCHEME OF STATE INCENTIVES FOR SETTING UP OF NEW IINDUSTRIES IN ANDHRA PRADESH-ORDERS-ISSUED

LAYOUTS-Unauthorized

and

Panchayat

approved layouts falling under the jurisdiction of 60 GO Ms No.409MA 7th August,1996 Urban Development Authorities-Regularization of layouts and change of land use-Delegation of powers to Vice-chairman of Urban Development Authorities-Orders issued

Economically 61 GO Ms No.4MA 4th January 1999

Weaker

Section-Approval

of

Layouts/Housing Scheme-Delegation of powers to Municipal Commissioners-Orders-Issued

URBAN 62 G.O .Ms No.523MA 25th September 1986

DEVELOPMENT

AUTHORITIES-

Division of function of Urban Development Authorities and Municipal

Corporations/Municipalities-Instruction-Issued

Layouts and Sub-division of lands and land development under the jurisdiction of Municipal 63 G.O. (Ms) No.65MA Dated: 05.02.1987 Corporation and Municipal Corporations limits and falling under the jurisdiction of Urban Development Authorities-guidelines for taking action on the sub-division of lands made-Issued

64
64

9thSeptember,1987 ESTABLISHMENT of Satellite Township in the

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

G.O. Ms No.912MA

areas

under

the

jurisdiction Authorities

of

Urban of

Development

Hyderabad,Vishakapatnam and Vijayawada Guntur-Tenali Urban Development AuthoritiesAdministrative Sanctions-Accorded

Layouts-Municipal Corporation of Hyderabad65 G.O. Ms No.229MA 16.04.1994 Amendments to Layouts rules in respect to layout open spaces-Orders-Issued

HUDA-deletion of 10% of additional site in 66 G.O.Ms No.28MA 22nd January,1996 layout approvals in change of land use casesOrders-Issued

LAYOUTS 67 G.O.Ms No.367MA 12.07.1988

and

sub-division issuance

of of

lands-Land Building

Development

and

permissions-Guidelines-Issued

68

G.O. Ms No.528MA

25th September,1998

Municipal

Corporations,

Municipalities

and

Urban Authorities Areas-Provision of Minimum road width in layouts-Instructions-Issued

Industrial development-Effective development of cottage and Tiny and Small Scale Industries in the 69 G.O. Ms No.78MA 18.03.1998 State Simplification of Procedure for setting up of Small Scale Industrial units-Orders-Issued-certain amendments-Issued

70

G.O. Ms. No. 765 MA

12.09.1975

Constitution of an Urban Development Authority for the Hyderabad Development Area

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

appointment and nomination of member Notified.

Buildings-Urban Development Authority areasUnauthorized 71 G.O.RT.1235MA 14.08.1992 Unauthorized constructions-Regulations constructions made on of the

plots/sites where the title deeds vests with the plot/site holders-Reg.

Hyderabad Metropolitan Water Supply and Sewerage Board-Protection of catchment areas of water sources for twin cities of Hyderabad and 72 G.O. Ms No.192MA 31st march,1994 Secunderabad and Osman Sagar-

Recommendations of the committee by the Hyderabad Metropolitan Water Supply and Sewerage Board-Accepted-Orders-Issued

Municipal Corporations, Municipalities and areas 73 G.O. Ms No.249MA 23.05.1996 covered by Urban Development Authorities Zoning Regulations-Consolidated orders for

construction of individual buildings-Issued

Buildings-Hyderabad Authority-Vijayawada 74 G.O. Ms No.275MA 19.05.1994

Urban

Development Urban

HunturTenali

Development Authority-Vishakhapatnam Urban Development Authority-Certain amendments to standard of set backsto.-Orders-Issued

75

G.O. Ms No.292MA
66

28.05.1994

Amendments to the Zoning Regulations/Layout Rules in order to reduce the minimum plot size

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

for residential flourishing-Orders-Issued

Municipal

Corporations,

Municipalities,

Buildings-Permissions being granted basing on G.O. Ms No.584MA the F.S.I/F.A.R prescribed under th e sanctioned 28.05.1987 Master Plans and General Town Planning Schemes and Zonal Development Plans-Review made-guidelines to prescribed the standards of F.S.I/F.A.R-Orders-Issued

76

REGULATIONS77 G.O. (MS) No.627MA 25.06.1987 DEVELOPMENT

HYDERABAD

URBAN

AUTHORITY-MULTI 1981-

STOREYED BUILDING REGULATIONS AMENDMENT-ISSUED

Buildings78 G.O. Ms No.75MA 06.02.1992

MUNICIPALITIES/MUNICIPAL DEVELOPMENTS

CORPORATIONS/URBAN

AUTHORITIES-REVISION OF F.S.I-ORDERS ISSUED

Urban development Authorities-Revision in the 79 G.O. Ms No.625MA 11.10.1993 standards of building requirements-certain

modification in respect of minimum height of habitat able room-Orders-Issued

URBAN 19TH December,1996

DEVELOPM,ENT

AUTHORITIES-

Approval of Building Permission for Industrial Buildings by Urban Development Authorities and Director Town & Country Planning in Industrial Development Areas-Delegation of Powers to

80

G.O. Ms No.665MA

67

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

APIIC-Orders-Issued

Hyderabad Metropolitan Water Supply and Sewerage Board-Protection of catchment areas of water sources for twin cities of Hyderabad and 81 G.O. Ms No.192MA 31st March,1994 Secunderabad HimayatSagarand Osman Sagar of and the

Recommendations

committee by the Hyderabad Metropolitan Water Supply and Sewerage Board-Accepted-OrdersIssued

Regulations HUDA _ ZRs 1981 MSBRs 1942, 82 G.O. Ms No. 276 MA 19.05.1974 Hyderabad, prescribing of building lines with respect of certain malls centers Issued.

Buildings Hyderabad Urban Development Authority Vijayawada, Guntur, Tenali Urban 83 G.O. Ms. No. 300 MA 11.05.1983 Development Urban Authority and Visakhapatnam Certain

Development

Authority

Amendments. To standards of setbacks, Plot Coverage, FAR etc., - orders Issued.

Establishment of satellite townships in the areas 84 G.O. Ms. No. 712 MA 9th Nov 1987 under the jurisdiction if Urban Development Authorities Acquisition of lands required Instructions Issued.

Establishment of satellite townships in the areas 85 G.O. Ms. No. 903 MA 4th Nov 1987 under the jurisdiction of Urban Development Authorities Preparation of the plans of the
68

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

satellite townships and implementation of the schemes certain guidelines issued.

Municipal Corporations, Municipalities and other areas filling in urban development authority 86 G.O. Ms. No. 423 MA 31.07.1998 areas Rationalization of Floor Area Ratio (FAR) and other standards of building requirements orders issued.

Special 87 G.O. Ms. No. 576 MA 10.12.2000

area

development

authority

BuddhaPurnima Project Authority; Charminar area orders issued.

Industrial Development-Effective development of cottage, Tiny & Small Scale Industries in the State-Simplification of procedures for exemption 88 G.O. Ms No.63MA 2nd May,1995 of approvals and clearances by various

departments, like Urban Development Authority, Municipalities and Gram Panchayat etc.,for setting up of Small Scale Industrial Units-OrdersIssued

Declaration

of

Special

Area

Development

Authority under section 3-A of the Andhra 89 G.O. Ms No.21MA 20th January,2001 Pradesh Development for Urban Cyberabad

Areas(Development) Act,1975

Development Area-Notification-Orders-Issued

90

G.O. Ms No.541MA
69

17th November,2000

Municipal Development

Administration

and

Urban of

Department-Construction

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Buildings above 10mts height(excluding the stilt floor for parking)in the areas covered by the Urban Development Authorities, Municipal

corporation, Municipalities-Further orders-Issued

G.O. Ms No.733 91 REVENUE(UCC II) DEPARTMENT 31.10.1988

Urban Land(Ceiling & Regulation)Act 1976-Exces vacant land held by individuals-Exemptionsup to an extent of 5(five) acres in peripherals areas in Urban Agglomerations-Orders-Issued

Hyderabad Metropolitan Water Supply and Sewerage Board-Protection of catchment areas of water sources for twin cities of Hyderabad and 92 G.O. Ms No.192MA 31st March,1994 Secunderabad HimayatSagarand Osman Sagar of and the

Recommendations

committee by the Hyderabad Metropolitan Water Supply and Sewerage Board-Accepted-OrdersIssued

93

G.O. Ms. No. 336 MA

25.06.1995

Special restrictions around Air Front Stations Hakimpet prescribed orders issued.

Hyderabad 94 G.O. Ms No.390MA 23rd JUNE,1980

Urban

Development

Authority-

Notification of the Draft Master Plan of the nonMunicipal area of the Hyderabad Development Area Orders-Issued

Municipal 95 G.O. Ms No.406MA 19th JULY,2000

Corporation

of

Hyderabad-

Permissions for Construction of Commercial Institutional Buildings in the Plots abutting

70

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

certain notified Roads-Collection of Impact FeesRevision-Orders-Issued

URBAN

DEVELOPMENT

AUTHORITIES-

Development Control in Gram Panchayat falling 96 G.O. (Ms) No.408MA 8th August,1991 in Urban Development Areas-Delegation of certain powers retiring to development control to the Gram Panchayat-Notification-ISSUED

URBAN 27th September,1975

DEVELOPMENT-Declaration

of

Development Areas under section 15(I) of the Andhra Pradesh Urban

97

G.O. Ms No.411MA

Areas(Development)Act,1975-NotificationOrders-Issued

Report of Dr. Bhanu

Prasad committee on

infrastructure facilities to be provided to the 98 G.O. Ms No.477MA 21.10.1987 entrepreneurs-Acceptance of the

Recommendations of the Committee-OrdersIssued

Municipal 24th AUGUST,1998

Corporation

of

Hyderabad-Road

widening and demolition of affected propertiesDelegation of powers for according certain relaxations to Buildings Regulations Zoning Regulations-Orders-Issued

99

G.O. Ms No.483MA

Tourism-New Comprehensive Scheme of State 100 G.O. Ms No.51 5th March,2001 Incentives for setting up of New IndustriesIncentives offered in new Tourism Ploicy.199871

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Constitution of State Level Committee-Revised Orders-Issued

RULES-Urban 101 G.O. Ms No.51MA 5th February,1996 Hyderabad Issued

Development

Authority

Rules,1975-Amendment-Orders-

Municipal

Corporation

of

Hyderabad-Town

Planning-Road 102 G.O. Ms No.510MA 14th October,2000

wideningProgrammme-

Declaration certain roads for Commercial use in twin cities-proposal of Municipal Corporation of Hyderabad-Accepted-Orders-Issued

ANDHRA 103 G.O. Ms No.530MA 27th September,1986

PRADESH

URBAN

AREAS(DEVELOPMENT) Act,1975-Constitution of Urban Development Authorities-Functioning Certain Instructions-Orders-Issued

104

INTERNET DOWNLOADING

25.05.1999

Exemption from zoning regulations for purposes of location

Hyderabad

Development

Area-Development

Control-Levying of Fines, Compounding of 105 Circular No.11451/PD7/HU/DA/88 17.12.1988 offences etc.,under section-46 of Andhra Pradesh Urban Areas(Development) Act,1975in respect of Non-MCH area of Hyderabad Development Area-Regarding

106

G.O. Ms No.1601 REVENUE(ASN.I)

29.08.2005

Land-Government

Lands-regularization

of

encroachments by way dwelling houses on

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DEPARTMENT

Government lands situated in the areas notified as Urban in 1991 Census and in Industrial Townships on payment of Market value-Framing of certain policy Guidelines-Orders-Issued

Hyderabad

Urban

Development

Authority,

Hyderabad-Comprehensive Change of Land Use 107 G.O. Ms No.355MA 27.04.2005 in 5 Pockets of Kompalli Village,Qutbullapur Mandal, Ranga Reddy District from Conservation Use Zone to Residential Use Zone-Draft

variation-Confirmed

Housing Department-A.P Housing Board.Flatted G.O. Ms No.386MA 108 HOUSING(HB .II) DEPARTMENT 16.11.2005 construction scheme-Appurtenant land-Revised FAR-Reconstruction sale of appurtenant landRequest for approval of policy paper-Committee Constituted-Orders-Issued

Special Area Development Authority(SADA)Inclusion of certain villages under Section 3A of 109 G.O. Ms No.507MA 11.11.2003 Andhra Pradesh Urban Areas(Development)

Act,1975 in Hyderabad Airport Development Authority-Orders-Issued

Hyderabad

Urban

Development

Authority,

Hyderabad-inclusion of certain villages under 110 G.O. Ms No.52MA 31..01.2005 section 13(2)(b) of Andhra Pradesh Urban

Areas(Development) Act,1975 in the development area of the Hyderabad Urban Development Authority-Orders-Issued

73

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

MUNICIPALTIES-constitution 111 G.O. Ms No.520 20.05.2005 Ramchandrapuram Gram Panchayat

of as

Municipality-Orders-Issued

MUNICIPALITIES-Constitution 112 G.O. Ms No.579 09.06.2005

of

Patancheru(Gram Panchayat) as MunicipalityOrders-Issued

Municipal Development 113 G.O. Ms No.724 24.06.2005

Administration

and

Urban

Department-Rajeev

Gruhakapla

Scheme-Construction of Houses in Municipal Corporations and Municipalities in the State-

Certain relaxations of Regulations-Orders-Issued

Municipal Development 114 G.O. Ms No.771MA 27.08.2005 Corporation

Administration Departmentof

and

Urban Municipal to

Hyderabad-Incentives

proposed Multi-storied Star Hotels in Banjara Hills, Jubilee Hills area-Orders-Issued

Municipal 115 G.O. Ms No.792MA 05.09.2005 Development Coordination

Administration

and

Urban of

Department-Constitution Committee for the

Municipal

Corporation of Hyderabad area-Orders

Municipal 116 G.O. Ms No.879 05.09.2005 Development Corporation Development

Administration Departmentof

and

Urban Municipal Track to

Hyderabad-Fast Works-Permission

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Commissioner

Municipal

Corporation

of

Hyderabad to sanction Residential Building Permissions up to a height of 15mtrs along the Road No.36 Jubilee Hills-Orders

Hyderabad Declaration Hyderabad 117 G.O. Ms No.944MA 22.11.2005

Urban of as

Development No.36

AuthorityHills,

Road

Jubilee

Commercial

Road-Draft

Notification issued under the Andhra Pradesh Urban Areas(Development) Act,1975 read with the Urban Development Confirmed-

Authority(Hyderabad)Rules,1977 Orders - Issued

118

G.O. Ms. No. 86

03.03.2006

Issued common building rules

119

G.O. Ms. No. 234

09.04.2006

Amendment to G.O. Ms. No. 86

120

G.O. Ms. No. 623

01.12.2006

Amendment to G.O. Ms. No. 86 and revised building rules.

75

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

BUILDING BYE LAWS W.R.T FSI/ FAR VARIOUS STATES OF INDIA DELHI BUILDING BYE LAWS Building Bye-Laws in Delhi (1998 Amendments) Some of the Useful information on Building Bye-laws of Delhi is given hereunder. These details are after amendments of 1998 approved by Government of India. (This is just reference and should be verified before this information is used for any purpose.) PERMISSIBLE FLOOR AREA RATIO FOR DIFFERENT SIZE OF PLOTS (AFTER 1998 AMENDEMENTS) S.No. AREA OF PLOT MAXIMUM GROUND ('Sq.m.) 1 2 3 4 5 6 7 8 9 10 Below 32 Above 32 to 50 Above 50 to 100 Above 100 to 250 Above 250 to 500 Above 500 to 1000 Above 1000 to 1500 Above 1500 to 2250 Above 2250 to 3000 Above 3000 to 3750 Coverage % 75 75 75 66.66 50 40 33.33 33.33 33.33 33.33 225 225 225 200 150 120 100 100 100 100 (In m.) 12.5 12.5 12.5 12.5 12.5 12.5 12.5 12.5 12.5 12.5 FAR MAX. HEIGHT

76

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

11

Above 3750

33.33

100

12.5

(I)

Levy on the additional FAR to be allowed vide above over the FAR allowed vide Notification dated 15.05.95 including the basement and /or development charges shall be charged at the rates as laid down in the Building Bye-laws or through Government orders and as revised from time to time . (At present it is Rs.450/- per sq. m)

(II)

In case of residential plots above 250 sq. m facing 24 m and above road, (a) the FAR shall be increased by the maximum ground floor coverage; (b) maximum height shall be 15 m. And(c) the number of dwelling units shall be as given in brackets.

Basement (1) Basement in case of plotted development if constructed shall not be included in FAR. (2) Basement area shall not exceed the ground floor coverage and shall be below the Ground floor. Basement area may, however, be extended below the internal courtyard and shaft. RESIDENTIAL PLOT-GROUP HOUSING the following amendments/additions are made: Maximum FAR. ..................... 167.

Maximum heights ...................... 33 m.

Levy on additional FAR and /or development charges for additional FAR shall be charged at the rate as decided by the Government from time to time. Other controls

77

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

(I)

The net housing density permissible shall be 175 DUs per hectare with a 15% variation on either side. This should be indicated in the Zonal in the Zonal Plan/Layout plan taking into consideration the gross residential density prescribed for the area. At the permissible level, maximum variation in density shall be 5%.

(II)

Additional FAR up to a maximum of 400 sq. m shall be allowed to cater to Community needs such as Community Hall, Crche, Library, Reading Room and Society Office.

(III)

Professional activity shall be allowed in residential plots and flats on Any floor on the following conditions:

(IV)

Part of the premises shall be permitted to be used up to a maximum of 25% of Far or 100 sq. m., whichever is less, for non-residential but nonnuisance activities for rendering service based on professional skills.

Farm Houses (I) (II) (III) Minimum size of farm house.............................. 0.8 ha. Maximum ground coverage ...............................5%. Maximum FAR .....................................5 (subject to maximum of 500 sq. m. irrespective of the size of the farm). (IV) (V) Number of storeys........................................... two. Maximum height............................................. 8 m.

All constructions including basement, if any will be counted towards FAR.

MUMBAI BUILDING BYE LAWS The total permissible built-up area shall be the product of gross area of land and FSI.

78

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

The maximum permissible F.S.I. for Organized Development in U-2 zone shall be as stated in Table 15.7. The total permissible built-up area shall be the product of gross plot area and the FSI stated in Table.

Minimum Area to be Provided for Public Spaces Sl. No. Area of Sub division/ Layouts in Sq.m Minimum percentage of area for public facilities

01 02 03

25,000 and more but less than 50,000 50,000 and more but less than 100,000 100,000 and more

5.0 7.5 10.0

In the case of Organized Development the total permissible built up area as defined shall be allowed to be increased if certain land is provided for arterial roads, and public facilities free-of-cost in addition to that prescribed in Regulation 15.5.3.8 as specified by the Planning Authority by a product of (a) area of land so specified, (b) respective FSI and, (c) a weight age factor.

In the case of Organized Development the total permissible built-up area as defined shall be allowed to be increased if certain part of land is developed in the form of small plots (having area upto 40Sq.m) on terms and conditions stipulated by the Planning Authority by a product of area of (a) land used for such plots, (b) the respective FSI and (c) the weight age factor.

Maximum Permissible FSI Sl. No.

Area of plot in Sq.m

FSI

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

01 02 03 04 05 06

Less than 5,000 5,000 and above but less than 10,000 10,000 and above but less than 25,000 25,000 and above but less than 50,000 50,000 and above but less than 100,000 100,000 and above

0.20 0.23 0.26 0.29 0.32 0.35

The permissible FSI for plots of land surrendered free-of-cost under Organized Development as mentioned in regulation 15.5.4.3 shall be 0.35.The maximum permissible FSI in RTD Zone shall be 0.2. The FSI shall be calculated on the gross area of the plot. Where the owner surrenders to the Planning Authority, or an agency nominated by it, free of cost, any land for arterial roads, access roads, social facilities and amenities, public utilities and services an additional incentive FSI of 0.2 of the land so surrendered shall be permissible. The size of the plot in the sub-division plan shall not be less than 500 Sq.m.Subject to Regulation 15.12.4 and 15.12.5, essential highway amenities and services, namely, petrol pump, service station including emergency repair services, restaurants, parking lots, motels, police check-post, toll station, octroi post shall be permitted direct access from the EW, NH and SH. Such access shall be provided with proper lay-by as per the guidelines specified by the Indian Road Congress.

FSI, Number of Storeys and Maximum Height of buildings in Goathan and GES

Sl. No.

LOCATION

FSI

No. of storeys

MAXIMUM HEIGHT

01

Goathan

1.0

G+2 or Stilt with III

13.5m

80

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

02

GES Development

1.0

G+2 or Stilt with III G+2 or Stilt with III

13.5m

03

within 200m from Goathan Boundary

1.0

13.5m

GREATER HYDERABAD BUILDING BYE LAWS Restriction on MinimumBuilding Plot Size along abutting roads in new developments and layouts: There shall be restriction on the minimum building plot size along the abutting roads in all new developments areas and layouts.

Abutting road Right-of-way (in m.)

Minimum plot size allowed (in sq. m)

Max. Plot size allowed (in sq m)

9 and below 12.2 12.2 and below 18 18 and below 30 30 and above

100 200 500 1000

2000 No Restriction No Restriction No Restriction

MINIMUM SETBACKS & HEIGHT STIPULATIONS FOR ALL TYPES OF NON-HIGH RISE BUILDINGS (BUILDINGS BELOW 18 m height inclusive of stilt / parking floor) (i) The height of buildings permissible in a given site/plot shall be subject to restrictions.
81

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

(ii)

There are no specific Floor Area Ratio and plot coverage stipulations. The permissible coverage would be as per the minimum setbacks to be left within the given site. The minimum setbacks and permissible height would be as per Table III below.

Building Line or Minimum Front Setback (in Mts.) Maximum Plot Size (in Sq. Mts. Parking provision Height of building (in m.) Less 12.2 Mts. permissible than Abutting road width 12.2 Mts. and below 18 Mts. (1) (2) (3) (4a) (4b) 18 Mts. than 30 Mts. (4c) (4d) 30 & less Mts. & above

Minimum Setbacks other sides (in Mts.)

Rear side

Other sides

(5)

(6)

(A) OLD CITY / CONGESTED AREAS (Category-I) Less than 100 100 & up to 200 Above 200 & up to 300 Above 300 & up
82

1.0

10 1.5 3.0 4.5 6.0

1.5

1.5

10

2.0

1.5

Stilt floor allowed *

12

2.5

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

to 400 Above 400 & up to 500 Above 500 & up to 750 Stilt floor allowed *

12

Stilt floor allowed * Stilt + up

12

Above 750

to 2 Cellars allowed ** 15 5 5

Building Line or Minimum Front Setback (in Mts.) Maximum Plot Size (in Sq. m.) Parking provision Height of building permissible (in m.) Less than 12.2 Mts. 12.2 Mts. and below 18 Mts. Abutting road width 18 Mts. & less than 30 Mts. (1) (2) (3) (4a) (4b) (4c) (4d) 30 Mts. & above

Minimum Setbacks other sides (in Mts.)

Rear side

Other sides

(5)

(6)

EXISTING AREAS/ NEW DEVELOPMENT AREAS/LAYOUT AREAS (Including Category II ***) 100 &
83

10

3.0

4.5

6.0

9.0

1.5

1.5

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

up to 200

Above 200 & up to 300 Above 300 & up to 400 Above 400 & up to 500 Above 500 & up to 750 Above 750 & up to 1500 Above 1500 & up to 2500 Above 2500 Stilt + Cellar allowed 12 3.0 4.5 6.0 9.0 4 4 Stilt floor allowed 12 3.0 4.5 6.0 9.0 3 3 Stilt floor allowed 12 3.0 4.5 6.0 9.0 2.5 2.5 10 3.0 4.5 6.0 9.0 2.0 1.5

Stilt + 2 Cellars allowed Stilt + 2 or more Cellars allowed Stilt + 2 or more Cellars Below 18 3.0 4.5 6.0 9.0 7 7 Below 18 3.0 4.5 6.0 9.0 6 6 15 3.0 4.5 6.0 9.0 5 5

84

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

allowed

Minimum abutting Height of building road width required ( in meters) (1) Up to 21 m Above 21 m& up to 24 m Above 24 m & up to 27 m Above 27 m & up to 30 m Above 30 m & up to 35 m Above 35 m & up to 40 m Above 40 m & up to 45 m Above 45 m & up to 50 m Above 50 m (2) 12.2 12.2 18 18 24 24 24 30 30

Minimum all round open space on remaining sides (in meters) * (3) 7 8 9 10 11 12 13 14 16

GROUP DEVELOPMENT SCHEMES & GROUP HOUSING SCHEMES

Distance to be Height of building block maintained from periphery to building block Up to 10 m* Above 10 m & up to 15 m* 15m & upto 18 m** Above 18 m 3m 4m 5m

Distance between two blocks 2m 3m 4m

As per all round setbacks required under

85

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

High-rise buildings given in above table

ROW TYPE HOUSING / ROW TYPE SHOPPING PRECINCTS - Height permissible: 2 floors or 6 m for plots up to 125 sq m Stilt + 2 floors for plots above 125 sq m for row houses. CLUSTER HOUSING - Height permissible - 2 floors or 6 m RESIDENTIAL ENCLAVES - Size of plots and height permissible: as per type of housing and requirements as given above for the respective type of housing.

BANGLORE BUILDING BYE LAWS

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

87

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

1. The maximum number of floors, percentage of plot coverage, F.A.R., height of the building for different plot size with existing road width as limiting factor are given in the tables for various types of buildings such as residential, commercial, public, semi-public and industrial etc. 2. For the purpose of these regulations, the local authorities may classify different areas in their jurisdictions as intensely developed (Area 'A'), moderately developed (Area B) and sparsely developed (Area C). 3. When two sides of the same area are included into two different areas like: A and B, or A and C, then the side of the other area shall also be treated as intensely populated area ( Area 'A ) up to one property depth. 4. When two sides of the same area are included in two different areas like: B and C, then the other areas classification shall be treated as moderately developed ( Area B ) up to one property depth 5. Means of Access: The means of exclusive access which would be other than through public roads and streets shall not be more than 30 mts. Length form the existing public roads and streets. The minimum width of such access shall be 3.5 mts. F.A.R. and height of buildings coming up on such plots shall be regulated according to the width of public street or road. If the means of access exceeds 30 mts. In length, F.A.R. shall be regulated with reference to the width of such access road. Construction of buildings on plots with
89

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

common access/lines from the public road/street shall be regulated according to width of such common access roads/lanes.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

FSI AND ITS APPLICATIONS IN VARIOUS STATES

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

CASE I

PLOT SIZE 300 SQ.M (12m X 25m)

CITY

RESI

INST

COMM
For

REMARKS
Residential to plot on Use size number FAR with of

relates

DELHI

1.40

0 1.0

0.6 1.5

restrictions

dwelling units of heights. For non residential uses FAR varies from local level facilities.

2.0m on Conditions, Special cases 3 DUs 11 m Height Bahadur Shah Zafar Marg FAR not related to plot size or road width but specified by

MUMBAI

1.00

1.00

1.00

Island

City, of

suburbs, 1.33

etc. and

maximum

minimum of 0.50. Conditions, Special cases 200 450 DUs/ Ha 1.50 Minimum Plot size 2.00 FAR related to areas; 1.75 in George Town; 1.25 in suburbs.

CHENNAI

BANGALORE
92

1.25

1.25

1.50

FAR related to plot size, road

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

width and location in three zones varying in density etc. For group housing FAR ranges from 2.00 to 2.50, but FAR should be calculated often

deducting the area reserved for parks, open spaces and civic amenities minimum of 25%.

FAR related to plot size, road width and location in three zones varying in density etc. But as of now, there is no

HYDERABAD

1.50

1.50

1.50

concept of FAR in HMR and it solely depends up on abutting road width, coverage area, open spaces, type of locality etc.

National Building Code 1983 has stated in clause 9, the factors that govern FAR

specifications and give FAR values in clause 9.2. Table 3

National Building Code 1983

See Remarks

See Remarks

See Remarks

taking

into

account

the

combustible content and fire resistance of different types of structure. FAR ranges from not permitted to unlimited. For group housing, FAR ranges is given as 0.75 to 2.00 with coverage of 25% to 30%.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

CASE II PLOT SIZE 1000 SQ.M (25m X 40m)

CITY

RESI

INST

COMM
For

REMARKS
Residential to plot on Use size number FAR with of

relates

DELHI

0.83

0.66 1.20

0.6 1.50

restrictions

dwelling units of heights. For non residential uses FAR varies from local level facilities.

2.0m on Conditions, Special cases 3 DUs 11 m Height Bahadur Shah Zafar Marg FAR not related to plot size or road width but specified by

MUMBAI

1.00

1.00

1.00

Island

City, of

suburbs, 1.33

etc. and

maximum

minimum of 0.50. Conditions, Special cases 200 450 DUs/ Ha 1.50 1.50 2.00 FAR related to areas; 1.75 in George Town; 1.25 in suburbs.

CHENNAI

BANGALORE

1.25

1.50

1.75

FAR related to plot size, road width and location in three

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

zones varying in density etc. For group housing FAR ranges from 2.00 to 2.50, but FAR should be calculated often

deducting the area reserved for parks, open spaces and civic amenities minimum of 25%.

FAR related to plot size, road width and location in three zones varying in density etc. But as of now, there is no

HYDERABAD

1.50

1.50

1.50

concept of FAR in HMR and it solely depends up on abutting road width, coverage area, open spaces, type of locality etc.

National Building Code 1983 has stated in clause 9, the factors that govern FAR

specifications and give FAR values in clause 9.2. Table 3

National Building Code 1983

See Remarks

See Remarks

See Remarks

taking

into

account

the

combustible content and fire resistance of different types of structure. FAR ranges from not permitted to unlimited. For group housing, FAR ranges is given as 0.75 to 2.00 with coverage of 25% to 30%.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

CASE III PLOT SIZE 4000 SQ.M (40m X 100m)

CITY

RESI
0.83 with 12 DUs 11 m ht. for plotted

INST

COMM

REMARKS

For

Residential to plot on

Use size number

FAR with of

relates 0.66 1.20 0.6 1.50

DELHI

development 1.33 for group housing, 140 DUs /h

restrictions

dwelling units of heights. For non residential uses FAR varies from local level facilities.

2.0m on Conditions, Special cases 3 DUs 11 m Height Bahadur Shah Zafar Marg FAR not related to plot size or road width but specified by

MUMBAI

1.00

1.00

1.00

Island

City, of

suburbs, 1.33

etc. and

maximum

minimum of 0.50. Conditions, Special cases 200 450 DUs/ Ha 1.50 1.50 2.00 FAR related to areas; 1.75 in George Town; 1.25 in suburbs.

CHENNAI

BANGALORE

1.75

1.50

2.00

FAR related to plot size, road width and location in three

96

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

zones varying in density etc. For group housing FAR ranges from 2.00 to 2.50, but FAR should be calculated often

deducting the area reserved for parks, open spaces and civic amenities minimum of 25%.

FAR related to plot size, road width and location in three zones varying in density etc. But as of now, there is no

HYDERABAD

1.50

1.50

1.50

concept of FAR in HMR and it solely depends up on abutting road width, coverage area, open spaces, type of locality etc.

National Building Code 1983 has stated in clause 9, the factors that govern FAR

specifications and give FAR values in clause 9.2. Table 3

National Building Code 1983

See Remarks

See Remarks

taking

into

account

the

combustible content and fire resistance of different types of structure. FAR ranges from not permitted to unlimited. For group housing, FAR ranges is given as 0.75 to 2.00 with coverage of 25% to 30%.

97

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

CURRENT TRENDS AND TECHNIQUES USED IN DEFINING FSI/ FAR

The Floor Area Ratio (FAR) of a given site is typically the most powerful governing factor when determining the maximum bulk of a building. Learn how the Zoning Resolution defines floor area and use it to your advantage: Zoning Floor Area: Zoning Floor Area is a common term used to describe portions of a buildings floor area which must be counted when calculating the maximum bulk of a proposed building. It is distinct from a buildings Gross Floor Area, in that some portions of the Gross Floor Area may be deducted, and therefore not counted as floor area for zoning purposes. The Zoning Resolution definition of floor area is extensive, and explains very specifically which portions of a building count, and which do not. Since the value of usable floor area in NYC is so precious, any deductions are welcome and should be maximized whenever possible. Basement or Cellar? The floor area of the lowest story of a building may be deducted when it is a cellar. A basement, however, may not be deducted*. A cellar is defined as a story having one-half or more of its clear height below the curb level, while a basement is defined as a story having less than one-half of its clear height below the curb level. Mechanical Deductions The floor space used for mechanical equipment, regardless of the story on which it is located, may be deducted**. This includes such elements as mechanical equipment rooms and vertical duct & utility shafts. To be eligible for Mechanical Deductions, the Architect must provide floor plans indicating each mechanical area to be deducted. These mechanical areas should also be tabulated and included as part of the zoning calculations. Further, the Mechanical Engineers plans must show mechanical equipment in the declared mechanical rooms to substantiate the deductions.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Typically, the Department of Buildings will accept Mechanical Deductions totaling about 2% of the buildings gross floor area. Anything above this percentage may raise objections. Use of Mechanical Deductions for additions to existing buildings: Mechanical Deductions can sometimes be used as a method of adding new floor area to an existing building. If the Architect can demonstrate that an existing buildings floor area has not been maximized because there are mechanical deductions to be taken, she may be able to buy back floor area and use it for a building addition; perhaps a new penthouse apartment. CAREFREE CITIES CITY OF CEDARBURG

Floor Area Ratio (FAR):The mathematical expression determined by dividing Gross Floor Area of a building including the garage and all accessory buildings (excluding decks, open porches, child play structure, open gazebos) by the area of the lot on which they are located as: (Gross Floor Area + Garage Area + Accessory Structure Area)/Lot Area = FAR For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor, 1,000 sq.ft on the second floor, a 600 sq.ft garage, and a 450 sq.ft accessory structure on a 15,000 sq.ft lot has a floor area ratio of 0.217 also expressed as 21.7%.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Floor Area Gross, the sum of the gross horizontal areas of all floors measured in square feet, not including basement floor, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building includes elevator shafts and stairwells at each other floor, floor space used for mechanical equipment open or closed located on a roof or in a basement, penthouses, attic space having headroom of seven feet and ten inches or more, interiors balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. Lot Coverage: The measurement of land use intensity that represents the portion of the principle building including the garage and all accessory buildings, but excluding all other impervious improvements such as sidewalks, driveways, patios, decks and open porches, recreational courts, child play structures, swimming pools, open gazebos, etc. (First Floor Area + Garage Area + Accessory Structure Area)/Lot Area = Lot Coverage. For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor, a 600 sq.ft garage, and a 450 sq.ft accessory structure on a 15,000 sq.ft lot has a coverage percentage of 15.0%.

GOOD PRACTICE - GOVERNMENT MAY RAISE FLOOR SPACE INDEX FOR MUMBAI

The Maharashtra government is planning to raise the floor space index (FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to put an end to the piecemeal manner in which the index is being raised for various projects. Speaking with Business Standard, a senior official from the state urban development ministry said: A team of state government officials and a team of experts from the World Bank are working on the proposal to have a common FSI for both the island
100

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

city and its suburbs. Currently, the island city has an FSI of 1.33, while in the suburbs it is only one. The FSI is the ratio of total floor area of a building to the size of the plot. It indicates the maximum construction allowed on a plot in a particular area. That is, if the FSI is one and the plot size is 1,000 sqft, the maximum construction allowed on that plot will be 1,000 sq ft. The current FSI is hardly enough if we have to meet the growing demand for housing in the city. Nearly 80 sq km area out of total 437 sq km of Greater Mumbai falls in a no-development zone, which includes national park, coastal regulatory zone etc., the official pointed out. The state government is also planning to grant an FSI of 4 at the metro stations and within a radius of 500 meter of them. It has granted a similar FSI for the Dharavi redevelopment project. The higher FSI is also available to builders who undertake schemes for slum redevelopment or rehabilitating the project-affected people. However, World Bank has objected to the state government's this piecemeal approach about the higher FSI and called for uniform policy on it during recent parlays of state government officials and World Bank experts on Mumbai Makeover program, he added.

BEST PRACTICE - ZONING IN CHICAGO To understand how zoning in Chicago works, it's important to have a handle on the scope and power of the regulations. First, the scope. Chicago's Grid Chicago, like many nineteenth century American cities, is laid out on a street grid. When the federal government subdivided and sold the land that's now Chicago, it
101

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

sold the land in "sections" of a square mile each. Property along these "section-line roads" was further subdivided in a regular grid pattern. Large roads (like Western Avenue, Cicero Avenue and Cermak Road) are usually a mile apart, with mediumsized roads (like Damen Avenue, 51st Street and Diversey Avenue) every half mile and local streets in between. A typical Chicago neighborhood is based around a "quarter-section" - one quarter of a square mile, half a mile on each side, bounded by large or medium-sized roads. Each quarter-section is four blocks on a side, since there are eight blocks per mile. However, east-west blocks in most of the city are half as wide as north-south blocks; the average quarter-section has 32 blocks on 160 acres, or 5 acres per block. When one subtracts streets and alleys from the blocks, the net area of the block is approximately 3.44 acres. Each block is then subdivided into 48 lots - 24 on each side, each 25 feet wide and 125 feet deep. How large a building can fit on that lot? Well, that depends. Setbacks Part of the zoning regulations for each lot requires setbacks, also known as front, side and rear yards. Setbacks can be either absolute or relative: for instance, the code requires front yards in bungalow neighborhoods (R2 districts) to be 20 feet or 16 percent of the yard's depth, whichever is less. (For the average 125 foot deep lot, there's no difference between the two measurements.) No buildings can be built within these required setbacks. Height limits can also be seen as a kind of setback. Currently, height limits exist in those residential and business districts that allow small multifamily buildings like three and four-flats. Another form of setback applies to townhouses in Chicago: the prevailing setback. Although most townhouses (which are usually built in R3 or R4 districts) must have front yards at least 15 or 20 feet deep, a townhouse built on a street where all the
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

other houses have front yards that are only 7 feet deep can have a front yard that is 7 feet deep. This helps to maintain the street's appearance. Floor-to-Area Ratio Chicago was one of the first cities to use Floor to Area Ratio, or FAR, to regulate the size of buildings. Older zoning codes struggled to create regulations that would control building size based on lot size, since a large building could overwhelm a small lot but might fit quite well on a large lot. The zoning codes written in the 1920s usually regulated only use and setbacks. Those codes typically required additional setbacks on tall buildings at certain heights. These so-called building envelope or bulk plane requirements dovetailed nicely with the Art Deco architectural style that was popular then, creating buildings like the Board of Trade Tower which step back as they rise from the ground. When Chicago rewrote its zoning code in 1957, it replaced the building envelope approach with floor to area ratios. FAR limits regulate how large a building can be relative to the size of its lot. FAR is a simple mathematical formula: Floor area (i.e., area of building) / area of lot = FAR For a simple building (where all the floors are the same size), FAR = Number of floors / lot coverage (as percentage) For instance, a large single-family house in an R1 district can have a FAR of up to 0.5. In that case, it can either be a one-story building covering half (50%) of its lot, or a two-story building covering one fourth (25%) of its lot. 0.5 = 1 x 0.5 = 2 x 0.25 A high-rise apartment building in an R7 district can have a FAR of up to 7.0. The developer can build a seven-story building that covers the entire lot, or a 28-story building that covers one-fourth (25%) of its lot.
103

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

7.0 = 7 x 1.0 = 28 x 0.25 A small commercial building in a B4-2 district can have a FAR of up to 2.2. That means that it can have three stories and cover 73% of its lot; four stories that cover 55% of the lot; or 5.5 stories that cover 40% of the lot. 2.2 = 3 x 0.73 = 4 x 0.55 = 5.5 x 0.4 Note that basements, unfinished attics, open porches, parking garages and mechanical rooms in commercial buildings aren't counted as floor area when the city calculates a building's FAR. Builders sometimes try to use these techniques to exceed FAR regulations. Dwelling Units per Acre Chicago's zoning code also regulates how many dwelling units can be built on any given lot. A dwelling unit (DU or "unit") can be a house, an apartment, a condominium, or any other space that people can live in. Both a studio apartment and a nine-bedroom mansion count as one dwelling unit. By limiting the number of dwelling units per acre (DUA) within residential districts, the zoning code can limit the number of houses or apartments that can be built on any given lot. Chicago doesn't directly limit DUA; instead, it sets a minimum lot area per dwelling unit which accomplishes the same purpose. Since an acre is 43,560 square feet, a minimum lot area of 2,500 square feet (as in an R3 district) means that 17.4 dwelling units can be built on an acre of land zoned R3. Chicago also requires that all multifamily buildings provide at least one off-street parking space per DU, and that business, commercial and manufacturing uses provide parking for at least some of their employees and customers. Here, an expensive wrinkle pops up for builders. At a certain point, the parking spaces required by the zoning code will cover more than the entire ground area of the lot -

104

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

which means that expensive structured parking (e.g., parking garages) must be provided. Urban Design Guidelines So far, this guide has looked at several tools the city uses to regulate the size of a building. The next section discusses tools the city uses to regulate the design of a building. Design guidelines are a relatively new land-use tool that regulates a buildings urban design - the interface between the building and the rest of the city. Think of a street as an outdoor room, with the buildings on either side as the walls and the road as the floor. Instead of hiring an interior decorator to design this room, you would call on an urban designer. She might suggest new street trees, changes to the roadway or sidewalk, or improvements to the buildings that line the street to improve the look of an area. The buildings, for instance, should all face forward, with front doors to the street. Garages should face alleys or be set back so that they don't dominate the fronts of houses. Buildings should be no taller than a certain height - and, if they are, the taller part of the building might be set back. Buildings shouldn't be too far from the street, to keep the street's "walls" in place. Houses (and especially shops) shouldn't present blank walls to the street. If the existing buildings have certain distinctive features in common - bay windows or porches, for example - new buildings should incorporate complementary features It's important to recognize that urban design guidelines differ from architectural guidelines in their scope. Several court cases have held that cities cannot regulate architecture for its own sake, except in historic districts. A city cannot, for instance, specify the color of bricks that a developer may use on a building, nor can it require that roofs be peaked at 50 degree angles and covered with slate shingles. Regulations of that sort don't advance public health, safety and welfare - which are the reasons for establishing zoning in the first place. Such regulations also stymie architects' creativity; after all, buildings that we now consider masterpieces (like the
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

RobieHouse in Hyde Park or the Tribune Tower on Michigan Avenue) seemed wildly out of place in their neighborhoods when they were first built. Since the city has somewhat limited legal powers over design, most official urban design guidelines in Chicago (like the River North Design Guidelines) are "voluntary." The city publishes the guidelines and distributes them to architects, developers and the public, but no one is legally bound to comply with the guidelines. Chicago often publishes design guidelines when it creates a new plan for a certain neighborhood; the guidelines help architects understand how new construction in the neighborhood can advance the city's plan. Although the city doesn't mandate compliance with the guidelines, most developers choose to follow the city's plans The Landscape Ordinance, Parking Standards and Townhouse Standards are all city laws that include mandatory urban design guidelines. The Landscape Ordinance requires developers to plant a certain amount of trees and other landscaping around their buildings and parking lots, while the Parking Standards require that parking lots be screened from view by buildings or landscaping and restricts drive-through operations. The Townhouse Standards are interesting in that they specify the placement of townhouses' garage doors (facing alleys, not streets, when possible, to keep streets pedestrian-friendly and to preserve curbside parking spaces), front doors (always facing the street) and front faades (avoiding blank walls). The Townhouse Standards also specify that the open space required in larger developments remain green and not be paved over. These standards have noticeably improved the appearance of townhouses in the city since their passage in 1995, but they don't apply to mid- or high-rise buildings. Density Bonuses Chicago, like most cities, wants to encourage new buildings that provide public improvements. In 1957, Chicago was one of the first cities to create incentives - in the form of density bonuses - for developers who build public amenities like plazas and
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

wider sidewalks serving their buildings. In exchange for these public amenities, the city allows the developer to build a bigger building. Most of the public plazas downtown is the result of these density bonuses. Chicago grants density bonuses in areas zoned for high-rises, like downtown and the lakefront, and in multifamily residential or manufacturing districts adjacent to parks. In 1999, the city proposed a series of revisions to the downtown density bonus system. The proposed new bonus system (now pending City Council approval) specifies urban design criteria for plazas and creates new bonuses for amenities like river walks, transit station improvements and historic landmark preservation. A similar density bonus program for areas outside downtown could give developers incentives to build public plazas, affordable housing, or other things that the neighborhood needs. The city also offers other incentives to encourage developers to build projects that will benefit the community. Affordable housing developers, for instance, pay lower development fees than developers of market-rate housing. The city can also offer to waive development fees or utility charges, build or improve nearby infrastructure (like water lines, roads, or sidewalks) or grant property tax rebates to developments that may need such incentives. In Austin, Texas, the city uses a "point" system to encourage balanced development. Developers fill out a "Smart Growth Criteria Matrix" that awards up to 635 points to a development based on whether it meets the city's needs. Points are awarded based on location in an area that with the infrastructure to support new development, integration and mixing of land uses and activities, support of or improvements to transit, pedestrian and bicycle facilities, inclusion of affordable housing and use of good urban design principles (like street-level shop windows and building heights that are compatible with the existing neighborhood). If a development scores enough points on the Matrix, the city will offer financial incentives to developers. Columbus, Ohio recently proposed a similar revision to its zoning code that would require all

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

new buildings built in designated mixed-use districts to achieve a certain number of points to gain city approval. The Extent of Satisfactions of Floor Area Ratio in New and Old City Center and its Determinant Factors in Busan, Korea Sungju CHAI, Yoji KAWAKAMI, Yunpyo OH & Yoshiaki HONDA

This study intends to find out and analyze the designation of floor area ratio, the extent of satisfaction of the floor area ratio and the determinants of floor area ratio in the old city center and the new city center in Busan, Korea. In addition, it also aims to clarify influences of some factors on the extent to which the floor area ratio is fulfilled. The results of this study are summarized as follows. 1) Among buildings in the new city center of Busan, the highest realization ratio (0.61) was obtained from those built with an average floor area realization ratio of 0.51 and a legal floor area ratio of 1100 percent. In case of the old city center, the buildings with an average floor area realization ratio of 0.58 and a legal floor area ratio of 800 percent showed the highest realization ratio (0.61). 2) In the new city center, the item of front-road width has the greatest influence on the floor area realization ratio the width of front road. As the category score for the front road width (0 $BK (B6 meters) shows a positive value, the category is considered as contributing to increasing the average of realization ratios. 3) For the size of site, posted land prices and ownership, the items have different influence in the new city center and the old city center. 4) In the planning of reviewing or resetting of floor area ratio, considered as the influencing factors on the realization ratio should be the front road width, the using purpose of buildings and posted land prices in the new city center, and the front road width, posted land prices and the size of site in the old city center. Chicago Zoning Ordinance: Take the lot size and multiply it by the Floor Area Ratio.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

For example, on a 5,000 square foot lot with a 2.0 FAR you could construct a building with 10,000 square feet of total floor area (the floor space of each floor above ground added together). Keep in mind that there are other restrictions as well, such as building height and setback issues that could keep you from using the total allowable building area per your FAR.

Practices: How can we make a graceful physical transition from suburban development patterns to a higher density, more urban, pedestrian oriented character?

To achieve more Urban and Active streets Model Approaches and Tools - Ground floor design and development standards, Ground floor active use provisions, Minimum floor area requirements, FAR (Floor Area Ratio) bonus, Flexible parking requirement. Ground floor design and development standards: Broad category that typically will enhance the pedestrian streetscape experience. The standards can shape allowed uses or the more basic development parameters such as building height, setbacks, etc.

Ground floor active use provisions: Intended to ultimately enhance and activate the streetscape. This provision allows for interim uses on the ground floor until the market can sustain the commercial use.

Minimum floor area requirements: Intended to ultimately shape the activities in the public realm by defining the type of use on the ground floor. Intended for areas that are served by transit and contain well developed mixture of uses can support higher levels of density. The combination of minimum floor area requirements with ground floor active uses with no ROW setbacks ensures new development will support the improved public realm.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

FAR (Floor Area Ratio) bonus: Intended to incentivize development within targeted areas. Can be used to promote residential density, mixed-use, retail, sustainability, or other uses. Translates into larger developable envelops for developers. Can also be used to promote public realm improvements.

Flexible parking requirement: Intended to incentivize certain types of development within a key area. Based on factors such as access to transit, nearby complimentary uses, auto ownership rates, or other parking reduction programs. Parking represents one of the largest challenges to a developer and managing the parking will ultimately shape the development.

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TOOLS AND TECHNIQUES USED IN DEFINING FSI/ FAR

Some affordable tools, such as tax-exempt financing and Low Income Tax Credits are well known and broadly used. Others such as bonus density are not uncommon but the specifics of use may vary from jurisdiction to jurisdiction. This memo describes a broad range of tools used, focusing on those that may be less well known. Types of Tools: Zoning Financial Creating Win: Win Situations Special Tool Rent Assistance Zoning Tools: Affordable Housing Ordinance: Arlingtons Zoning Ordinances requirements for site plan projects are designed to foster creation of affordable housing and to streamline the approval process. The developer chooses whether to provide a cash contribution or to provide units using a percent of the increased gross floor area (GFA) above 1.0 Floor Area Ratio (FAR). For on-site units, the requirement is 5% of the GFA; for offsite units nearby, 7.5%; for off-site units in Arlington County, 10%. Cash contributions in March 2006 were: $1.50/sq. ft. of GFA for first 1.0 FAR; $4.00/sq. ft. from 1.0 to 3.0 FAR for residential; $8.00/sq. ft. of GFA above 3.0 for residential; and $4.00/sq. ft. above 1.0 FAR in commercial. Cash contribution amounts are indexed to the Consumer Price Index for Housing in the Washington-Baltimore MSA.

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Flexible Density Bonus: The Countys 25% density bonus, added to the zoning ordinance in 2001, permits both market-rate and affordable units, with the income from the market-rate units designed to offset the cost of the affordable units. Quincy Plaza, a site plan project in Ballston approved in 2002, used the full 25% bonus and will add 25 committed affordable units to the affordable supply.

1:1 Replacement: The Special Affordable Housing Protection District (SAHPD) is a special land use overlay which identifies existing affordable housing in the RosslynBallston Metro Corridor which is planned for 3.24 FAR or higher. It involves replacing the existing affordable housing units on a 1-for-1 basis. This has been interpreted as replacing the number of bedrooms on a 1-for-1 basis. An example is the 314-unit project, The Gallery, which provided 38 two-bedroom units with 76 bedrooms, replacing 55 units (primarily one-bedrooms) with 70 bedrooms. This replacement policy may be revisited in 2006.

Shift of Density: Shift of density is possible from one part of a site to another within a site plan. This allowed the shift of excess density from an urban park to an adjacent portion of the Rosslyn Ridge II site by Arlington Partnership for Affordable Housing (APAH) and resulting in a 238-unit mixed income project with 95 new affordable units. This was also used in 1984 to preserve the 41-unit Key Blvd. Apartments, involving a density shift to The Atrium condominium.

Transfer of Development Rights (TDRs): The County Board adopted an ordinance to allow for the transfer of development rights consistent with State enabling legislation (State code: 15.2-750). The TDR program will allow a site to send density and other development rights for the purposes of, but not limited to, the preservation or facilitation of affordable housing, open space, historic preservation, community facilities, or community recreation. Through site plan approval, the TDRs can be transferred to another location where density is deemed more appropriate by the County Board. A group comprised of representatives of of the
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Planning Commission, the Housing Commission, and other members of the community will develop recommendations for criteria for the use of TDRs.

Bonus Density Using Increase in Floor Area Ratio (FAR): The recently-approved Nauck Village Center Action Plan includes provision, as an incentive for the creation of affordable housing, of an increase in FAR from a maximum density of 1.5 to 2.0. This would be limited to projects on designated residential sites where the developer agrees to provide at least 10% of its units as committed affordable units. This was used by AHC, Inc. for the redevelopment of the 22-unit Fairview Manor to a 94-unit committed affordable complex.

Phased Development Site Plan (PDSP): The County Board used this tool to develop 232 committed affordable rental units and a 72-unit limited-equity co-op at Colonial Village, a large garden complex near Metro in 1979. The developer was able to tear down over 120 units in order to build three office buildings. The FY 1991 Meridian PDSP generated 176 committed affordable units and used a shift of density for the 112-unit Courthouse Crossing project.

Rezoning: When a site plan is planned for a higher density or is appropriate to be planned for higher density, the process can be successfully used to capture affordable units (as done in Arna Valley). Avalon at Arlington Square includes 64 units scattered throughout an over 800+-unit complex and a 101-unit stand-alone project (Arna Valley View) which is 100% affordable.

Unused Density: AHC Inc., a non-profit, used excess density at its existing affordable complex, Woodbury Park, as well as the density bonus, to develop 108 committed affordable rental units on the same site.

Condo Sales Income: The Woodbury Park North project will include 99 market-rate condominiums. In addition to the savings from the use of excess and bonus density,
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the non-profit is using the income from condo sales to ensure the long term affordability of the rental units, eliminating the need for County funds.

Street Vacation: The developer of the Lofts at Crystal Towers provided nine on-site affordable units with a value to the County equivalent to the value of vacation of a street easement.

Financial Tools: Affordable Housing Investment Fund (AHIF): The County funds AHIF with $4 million annually including nearly $3 million in local general revenues. Established in 1985 as a revolving loan fund, it now has loan repayments, on average, of $1.1 million annually. Occasionally there are larger one-time payments, e.g., a $3 million payment in FY 2004. This funding is typically used for acquisition and rehab projects.

Credit Facility: AHC, the non-profit developer, acquired The Gates of Ballston, a 465-unit apartment complex near Metro. It is keeping 75% of the units affordable to households with incomes below 60% of median. The acquisition was funded by the County in part through a $10 million credit facility, or line of credit, provided by Fannie Maes American Communities Fund TM (ACF). This partnership between the County and Fannie Mae was unprecedented.

County Credit Support: The County backed the credit facility with County credit support (formerly referred to as a moral obligation). The Countys obligation on the facility is legally limited. The County did not pledge its taxing authority or full faith and credit, but the County's statement creates an expectation in the financial markets that future County Boards, while not legally obligated to fulfill the commitment, would in fact, fulfill its obligation. This has been used at The Gates and was also used in the FY 1988 acquisition of the 364-unit Woodbury Park.
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LPACAP (Local Public Assistance Cost Allocation Plan): This funding is the result of a cooperative partnership with the Virginia Department of Social Services. It is designed to maximize federal reimbursement of local costs for administering social services programs, including housing and housing services for special needs populations. The County Board set aside $7 million in LPACAP funds as a Supportive Housing Fund. The County used roughly $2,700,000 from that source to purchase a 39-unit project for use as supportive housing for older persons with disabilities.

Assisted Living Conversion Program: This U.S. Department of Housing and Urban Development (HUD) program provides funds primarily to rehabilitate portions of existing HUD Section 202 properties to provide assisted living for persons aging in place. The non-profit Volunteers of America National (VOA) was awarded a $4.8 million grant. The funds will enable VOA to provide extensive renovations to the former Oak Springs, expanding it from 39 to 52 units and adding necessary program and community space. The vacant building qualified for the funds as an underutilized commercial property.

Mortgage Buy-Downs to Serve Extremely Low Income Persons: At Columbia Grove, a 210-unit complex, the County is buying down the mortgage on eight units to zero. This reduces rent payments to amounts covering the owners operating costs only, making the units affordable to persons with disabilities whose incomes are below 30% of area median income. The rental income from the very low income residents will pay for operating costs and assisted living services rather than the mortgage.

Live Near Your Work Program: This local program provides a forgivable loan in the amount of $2,700 to qualified County or School Board employees purchasing a home in Arlington.

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Historic Tax Credits: A developer used both Historic and Low Income Housing Tax Credits for the FY 1996 acquisition and rehab of the 512-unit Ballston Park at Historic Buckingham Village. This enabled the project to have the highest leveraging and the lowest per unit subsidy cost of any project done in Arlington. 45% of the units are committed affordable units.

Partial Exemption on Real Estate Assessments: Partial exemption is available for property owners who do substantial rehabilitation on multi-family rental projects.

Housing Reserve Fund (HRF): The HRF uses private developer contributions to help finance the acquisition of units to mitigate displacement of low income tenants and for apartment banking. Creating Win: Win Situations Working with the neighboring civic associations in planning affordable housing projects, both non-profit and for-profit housing developers have been able to design projects with elements that address neighborhood concerns and thus generate neighborhood support.

Monterey/Sierra, by the for-profit Silver wood Associates, Inc., combined rental and ownership to create a mixed-income community. The ownership component was largely a result of a deliberate and thorough public process. Demolition of 43 units allowed construction of The Sierra, a 96-unit condo. Rezoning halved the cost of construction. All 109 rehabilitated rental units and 10% of the condos will be affordable. The community was enthusiastic in its support because the project increases home ownership in the area.

At Columbia Grove, a 210-unit committed affordable complex, the community was very supportive of the project, both because its acquisition helped retain the existing
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neighborhood residents and because the addition of a parking lot will alleviate neighborhood parking problems.

Special Tool: Deed Covenants: At The Sierra and other condos and townhouses, an innovative deed covenant extends the affordability of the units to future low income buyers while also enabling the lower income homeowners to earn appreciation on their homes. Units will be affordable in perpetuity. Rent Assistance Tools:

Project-Based Housing Vouchers: Up to 20% of a jurisdictions federal Housing Vouchers may be project-based Housing Vouchers, with no more than 25% of the units in any one complex receiving this commitment. Arlington first used this resource in FY 2001 at the Quebec, a 172-unit project. The developer added 24 threebedroom units at this project through conversion of smaller units and the addition of bump-outs.

Housing Grants: This County-funded rent assistance program serves low income working families, elderly persons and persons with disabilities. Rent subsidies allow participants to pay between 30% and 40% of income for rent.

Project-based Rental Assistance: Some committed affordable units are designated to serve persons with disabilities, including homeless, needing permanent supportive housing. This program assures affordability for these very low income persons.

Transitional Housing Program: This rent subsidy program serves households with issues such as mental illness or domestic abuse who are leaving shelters and entering transitional programs.

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Chicago Zoning Ordinance: Take the lot size and multiply it by the Floor Area Ratio. For example, on a 5,000 square foot lot with a 2.0 FAR you could construct a building with 10,000 square feet of total floor area (the floor space of each floor above ground added together). Keep in mind that there are other restrictions as well, such as building height and setback issues that could keep you from using the total allowable building area per your FAR.

Practices: How can we make a graceful physical transition from suburban development patterns to a higher density, more urban, pedestrian oriented character?

To achieve more Urban and Active streets Model Approaches and Tools - Ground floor design and development standards, Ground floor active use provisions, Minimum floor area requirements, FAR (Floor Area Ratio) bonus, Flexible parking requirement. Ground floor design and development standards: Broad category that typically will enhance the pedestrian streetscape experience. The standards can shape allowed uses or the more basic development parameters such as building height, setbacks, etc.

Ground floor active use provisions: Intended to ultimately enhance and activate the streetscape. This provision allows for interim uses on the ground floor until the market can sustain the commercial use.

Minimum floor area requirements: Intended to ultimately shape the activities in the public realm by defining the type of use on the ground floor. Intended for areas that
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are served by transit and contain well developed mixture of uses can support higher levels of density. The combination of minimum floor area requirements with ground floor active uses with no ROW setbacks ensures new development will support the improved public realm.

FAR (Floor Area Ratio) bonus: Intended to incentivize development within targeted areas. It can be used to promote residential density, mixed-use, retail, sustainability, or other uses. It translates into larger developable envelops for developers. It can also be used to promote public realm improvements.

Flexible parking requirement: Intended to incentivize certain types of development within a key area. Based on factors such as access to transit, nearby complimentary uses, auto ownership rates, or other parking reduction programs. Parking represents one of the largest challenges to a developer and managing the parking will ultimately shape the development.

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SUCCESSFUL MODELS

MODEL MIXED USE DEVELOPMENT BYLAW

Prepared by the Pioneer Valley Planning Commission

Note: This Model Zoning Bylaw is most applicable when the area is being developed for commercial uses for the first time. For redevelopment areas, please refer to the Model Mixed Use Redevelopment Bylaw. 1.0 PURPOSES
The purposes of Mixed Use Developments are:

1.1

To create mixed commercial and residential areas where the visual and physical dominance of the automobile is made secondary to the pedestrian needs;

1.2

To encourage the creation of a pleasant pedestrian oriented district and neighborhood setting; which co-mingles a balanced mix of civic, commercial and residential uses in single structures or groups of structures located on a single lot, thus minimizing traveling distances, traffic, air pollution and energy consumption;

1.3

To provide a pleasant, rich and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk areas;

1.4

To

discourage

visually

and

architecturally

monotonous

commercial

environment;

1.5

To encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved parking surface area, and reducing traffic congestion.

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2.0

AUTHORITY
The (city/town) Planning Board shall be the Special Permit Granting Authority for all Mixed Use Developments.

3.0

DEFINITIONS
Mixed UseDevelopment: A development which co-mingles two or more businesses, or commingles businesses with residences, into a single structure or group of structures located on a single lot. Business Services: including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. Services used in the conducting of business and commerce,

Driveway: A space, located on a lot, built for access to a garage or off-street parking or loading space. Fast Food Restaurant: An establishment whose principal business is the sale of pre-pared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises.

Municipal Facilities: Facilities utilized in the provision of services normally provided by municipalities such as schools, parks, playgrounds, municipal office buildings, and maintenance buildings. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to:
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a. Laundering, dry cleaning and garments services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration;

g. Funeral services; h. Steam baths; i. j. Reducing salons and health clubs; Clothing rental.

Professional Services:

Services performed by professional persons for business and

personal use, including, but not limited to:

a. Medical and health offices and clinics not exceeding 5,000 feet of floor area per office or group of offices; b. Planning; c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific.

Quality Restaurant:

An eating establishment of high quality and with turnover rates

generally of at least one hour or longer.

4.0

SPECIAL PERMIT USES

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

c. Multi-family Residential; d. Home Occupations; e. Professional Service Offices; f. Personal Service Establishments;

g. Municipal Uses; h. Banks; i. j. Hotel/Motel not exceeding 10 guest rooms per establishment; Multiple Uses in the same structure.

5.0

CONDITIONS

FOR

CERTAIN

USES

WITHIN

MIXED

USE

DEVELOPMENTS
Within a mixed use development, the following uses shall not be allowed as free standing buildings, and shall not provide drive through service windows: a. Fast food restaurants; b. High turnover sit-down restaurants; c. Banks.

6.0

USES PROHIBITED IN MIXED USE DEVELOPMENTS

The following uses may not be included within a mixed use development: a. Industrial uses; b. Motor vehicle maintenance and repair facilities; c. Gasoline filling stations; d. Commercial uses having a floor area greater than 5,000 square feet per single establishment; e. Dry cleaning, linen cleaning or diaper services which clean clothing articles on site.

7.0

HEIGHT AND AREA REQUIREMENTS

The height and area requirements for free-standing single family uses, and the special height and area requirements for mixed use developments are set forth in the Table below.
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Density Bonus Provisions for Mixed Use Developments: if new project or use improves the public environment of the commercial neighborhood by donating the Town/City of public amenities such as parks, benches, plazas, bicycle paths or bicycle storage areas, or public access to special resource areas, the Planning Board may grant reductions in the minimum dimensional requirements according to the schedule set forth in the Table below. The Planning Board may grant density bonus points for the public amenities listed in Section 8.0. The minimum dimensional requirements for a mixed use development will be determined as part of the Special Permit process, according to the number of public amenities listed in Section 8.0 which the development provides.

For example, a proposed mixed use development which provides one or more of the qualified public amenities suggested in Section 8.0, resulting in a cumulative award of 30 bonus points, would only be required to meet the minimum dimensional requirements specified in the column labeled MXD B. A proposed mixed use development which

provides qualified public amenities which result in a cumulative award of 50 bonus points would only be required to meet the minimum dimensional requirements specified in the column labeled MXD C.

MXD A. MXD E. Bonus Residential Points* Zoning Permit Requirement Bonus

MXD B.

MXD C.

MXD D. 70 Bonus Points* 100

Single Family No Density 30 Bonus 50 Bonus Points* Points*

Allowed by Right According to the Requirements of the Allowed By Allowed By Existing Zoning Special Bylaw Permit 430,000 9.87 650 N/A 20

Allowed By Allowed By Special Permit 400,000 9.8 570 N/A 20 Special Permit 350,000 9.03 400 N/A 20

Allowed By SpecialSpecial PermitPermit 320,000 7.35 300 N/A 20 300,000 6.89 250 N/A 20

MIN LOT SIZE (sq. ft.) MIN LOT SIZE (acres) FRONTAGE (ft.) MIN FRONT YARD (ft.) MAXIMUM FRONT YARD (ft.)
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MIN SIDE YARD (ft.) MIN REAR YARD (ft.) MAXIMUM HEIGHT (ft.) FLOOR AREA RATIO FLOOR AREA RATIO
(as sq. ft.)

% LOT COVERAGE % LOT COVERAGE

15 15 45 0.75 322,500 50% 215,000

15 15 45 0.85 340,000 50% 200,000

15 15 55 1.00 350,000 65% 227,500

15 15 55 1.25 400,000 70% 224,000

15 15 55 1.5 450,000 80% 240,000

8.0

DENSITY BONUS CRITERIA FOR MIXED USE DEVELOPMENT

Density bonus points shall be provided for each public amenity, according to the suggested point award schedule. Public Amenity Exceeds minimum landscaping requirements landscaping requirements forth Points 5 points for each 800 square feet of which exceeds the 20% minimum set in subsection 9.03

Actual parking spaces constructed do not exceed the average parking requirements calculated in accordance with the publication entitled: Parking Generation by the Institute of Transportation Engineers (ITE) Provides public drinking water fountains located in Outdoor areas

10 points

5 points for each two fountains

Provides outdoor public seating areas long

1 point for each bench at least 5 feet

Provides covered secure bicycle storage lockers installed

5 points for every six lockers according to the

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location requirements in subsection 9.02

specified

Transit Stop or park-n-ride lot provided on-site, or 50% funding provided for a facility located in an adjacent public way

20 points

25% of floor area reserved for multi-family dwelling units

10 points

10% of floor area reserved for professional offices

10 points

Restrictive covenant agreement executed which requires continuity with a common architectural design scheme in accordance with the criteria set forth in Section 9

10 points

Pedestrian Pocket Parks are provided which include

10 points for each part of at least feet

1,000 square seating areas shaded by trees, picnic tables and an integrated and maintained trail network

9.0

SPECIAL PERMIT CRITERIA FOR ALL MIXED USE DEVELOPMENTS

commercial establishment shall contain a floor area greater than 5,000 square feet.

9.2

Parking Standards (Refer to standards set forth in the Model Parking Bylaw)

9.3

Parking Lot Location and Landscaping (Refer to standards set forth in the Model Parking Bylaw)

9.4

Shared Parking Lots (Refer to standards set forth in the Model Parking Bylaw)

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9.5

Automobile, Pedestrian, and Bicycle Circulation Plans (Refer to standards set forth in the Model Parking Bylaw)

9.6

Must make provisions for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots.

9.7

Buildings shall be designed so that only retail, restaurant, and personal service establishments shall be located on the ground or below grade building levels.

9.8

The Planning Board shall require a detailed traffic study for high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); for the construction of new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and for any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given;

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e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems.

9.9

Lighting a. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries which either exceeds 3 foot-candles or creates observable shadows; b. No light standard shall be taller than fifteen (15) feet; c. No flickering or flashing lights shall be permitted.

9.10 Sufficient domestic water and sanitary sewage disposal facilities shall be available.

9.11 Display signs shall conform to Section ____ of this zoning bylaw/ordinance.

A MODEL OF CURRENT AND POTENTIAL URBAN DEVELOPMENT

Demonstrating Relational Database and Reprocessing Fundamentals Relational database management systems form the basis of most of the information management systems that are used to record the properties of almost everything. Relational databases are a generic container for storing information about entities and phenomena, and for creating new information about how many different sorts of things relate to one-another. Tables are used to store references to entities. A row, or record, in a table holds a collection of attributes that serve to distinguish one thing from another. Attributes may also be used to relate the entities of one class, to those of another. A set of assumptions about how things, rows, classes and tables are expected to be composed is discussed in our lecture notes. For now we will say that with an adequately designed set of tables, we can apply sequences of query, transformation, associative and summary operations that will yield useful new information about how things and ideas relate to each other.
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By running the same sequence of analytic steps on selections of records, we can learn things about useful differences between one place or class of entities and another. By altering the information in the database perform controlled experiments to explore alternative future scenarios. If we learn how to automate the workflow of our model procedure, then we can make a lot of experiments that will help us to understand the consequences of one decision or another.

Representing Development Intensity: Current and Future As usual, we will not begin to use GIS until we are clear about what we are trying to represent. Without a clear formulation of a conceptual model, there is no point exploring data. Today we are concerned with development intensity near existing and proposed transit stops. Our conception of development intensity we will use the common planning metric: Floor Area Ratio (FAR), which is the amount of useable floor area of the building on a property, divided by the land area of the property parcel. We want to model existing intensity and potential development allowed by the zoning regulations, for individual parcels and for entire districts near transit stops. This will help us to understand opportunities and for infill. We would like to use this model to experiment with adjustments to the zoning ordinance or to the zoning of specific parcels to understand what the potential build out impacts of these scenarios would be. Our next step is to break this conceptual model down into its component concepts and to explain how we find data and operations to represent these. Our property parcels will be represented by the 2006 Parcels Table from the City of Somerville Tax Assessor. Each parcel is represented as a row in this table, and has attributes including Lot area and gross floor area and a code that references the zoning classification that applies to that parcel. The potential development of parcels will be represented by the dimensional standards given in Article 8 of the Somerville Zoning Ordinance (2006) these standards have been represented in zoning Class Table that represents each zoning class and its intensity allowances.
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Naturally, we will want to explore these datasets and to critique them with regard to how well they represent our concepts. We should examine some of the questions described in Critique of Data and Metadata to answer the ultimate question about the errors of omission or commission that may be inherent in our use of the data the way we hope to. This will also help us to understand how our data may be improved. One interesting aspect in this case will be to consider biases in the tax assessor's view of property, and also the fact that since the Zoning ordinance is itself a formal concept that may be almost perfectly represented by its map and its table. And yet, we know that in a mixed use parcel, should actually reflect the FAR for residential and commercial, and in our model we only have one number. We could probably fix this last problem. A more fundamental problem with our model lays in the too-simple assumption that the potential development of a parcel is totally dependent on the FAR limits of its zoning class. There are many other issues that may cut in to this: including some amount of land being required to fulfill parking and open space requirements probably being the largest factor. Given this, we would expect our model to overestimate the actual development potential by perhaps 20 percent. (I just made this number up, but at least I have some guess as to the direction and the magnitude of the error.) I could probably do some experiments to get a much better estimate of the error that results from this simplified concept of development potential. This would help me figure out how to make a better model.

Measuring Existing FAR Our next step is to get summaries of existing FAR for specific areas of town that we define in our areas of interest layer. To do this we will have to add a new column to our table and use some relational database tools to update the value of that column that holds a value for FAR for each parcel. Then we will be able to calculate some summaries of the actual FAR being used in each zoning class. We will see that these summary functions can be requested to operate only on selected parcels. This will be
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a great opportunity to explore the utility of a spatial operation that lets us select the parcels within a particular area of interest. We will explore these functions with some Ad-Hoc tools in the Arc Map Graphic Interface. Then we will learn how to use and create geo processing tools that will let us create a reputable workflow that will both document and automate our routine for calculating existing FAR for a given zone.

Computing FAR per Parcel: Transforming Attribute References in a Table The referencing systems used in a dataset may not immediately lend themselves to representing our concepts. In this case, our concept is FAR, but we have only Lot Area and Gross Area measurements for our parcel. This isn't too bad, since we can reasonably expect FAR to be a simple function of these two numbers. As we need only to create a new column on our parcels table and to populate it with a value of floor area divided by lot area. We will immediately encounter a difficulty in that Arc Map won't allow us to divide by zero. So we will do an attribute query to select only those rows that have a gross area greater than 0, and to the math. Then we will invert the selection and calculate 0 for the FAR of those apparently landless or unmeasured parcels (perhaps condos or tax exempt land) We will then map the result and see if it is logically consistent with our thematic map that did its normalization in the symbology properties.

Making Summaries on Tables and Subsets of Records So, we've made maps before, and they are useful for portraying data graphically, but what we really need now is Numbers! We want to know what the existing FAR in the entire city and in particular zones and in different parts of the city. This will be a good opportunity to explore table summaries. These are great but even greater when we learn how to do these with particular subsets of records that we can select. We will learn a new way of selecting parcels that fall within particular areas of interest
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to create summaries of development densities by zone within specifically defined areas of town.

Exploring different Development Scenarios So you now have a schema and a set of tools for studying development density. Currently our schema represents the condition as recorded by the tax assessor in 2003. What if we want to investigate another scenario? All we have to fo is change the FAR of specific parcels, and go through the same steps as above. Before doing this, we should put some though into how to organize this information, since we may be creating various scenarios and we do not want to destroy the information about the existing condition. Our Principles of Data Organization stipulates that our dataset is arranged by source. If we want to alter develop our own data we create our own folder under the GIS tree of the collection. This way we can be sure that their data in our Somerville folder always represents the condition as the tax assessor saw it. We are going to store our data in a geo database because of advantages that these offer -- especially that they automatically calculate the area of polygons.

Calculating Build out FAR So, you have an idea of what the existing development density is in different zoning districts across the whole city and in specific parts of town and in alternative development scenarios. We should keep in mind that in reality we can't always simply boost the FAR of a parcel if such increases are not permitted in the zoning. Perhaps we want to make recommendations to change the zoning ordinance and investigate the potential impacts of this, on the wholesale development capacity of the city or of districts? This requires a build-out model, and forces us to a higher level of modeling. Each of our parcels is assigned to a zone with its Zone_ code. We know the actual FAR. What we need to know is the as-of right FAR per the zoning
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ordinance. Luckily we have this information in another table. In the next section we will discuss how you could make this table yourself. The tableZonecode_LUT has a record for each zoning code, and each zoning code is distinguished by a code, a name, an permitted FAR, and other attributes. The Code field is a unique key for the rows in this table. We can look at the Parcels Table and see how the values in the Zone_ field are references to the Code in the lookup table. This column of references is known as a Foreign Key this relationship can be used to create a new table view that dynamically joins these tables together. This will effectively add a new FAR field to our parcels table that we can use to new developable square feet numbers for each parcel.

Creating New Zoning Scenarios The next and last thing to think about is what if you wanted to change the zoning and investigate the build out impacts. I will leave you with these two thoughts. There are a couple of simple ways of doing this. The simple way of doing this would be to select specific parcels and up-zone them by selecting a bunch and calculating a new value for the zone field. If you did this you would notice, upon closing and that the values joined to your parcel table would update automatically, but the calculated values for Developable square feet would have to be calculated again. Alternatively, you could take the big gesture of up or down zoning entire zoning districts by changing the allowable FAR for a district in the Zonecode_LUT. Of course before doing this, you should make your own copy of the lookup table!!! You will notice if you close your parcels table and reopen it that these changes will also cascade dynamically to the joined view. IN reality, the way up zoning often happens is by the proposal of new special districts or Planned Unit Development areas. The way you would do this is by adding new districts to the Zone code lookup table (you will see I have already added some. Then you can assign groups of parcels to these districts. This workflow has advantages of allowing you to try different scenarios without destroying the old ones.
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Automating the Process The previous exercise was fairly rewarding, but could also become tedious if we had to do it too many times. With tedium also comes all sorts of potential errors that we may not catch (those are the worst kind!) So it would be nice to be able to automate this procedure. To actually script this workflow will also have the added benefit of allowing us to very easily share our method with other people. Thankfully ArcGIS provides a nice mechanism for doing this.

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INDICATORS/ VARIABLES TO BE TAKEN IN DEFINING FSI/ FAR

Rationale - what it means and why it is an important measure Floor area per person is a response indicator, as well as a pressure indicator. In highdensity cities, floor area per capita is usually lower than in low-density cities or towns. This is influenced by housing regulations in general. Thus, in low-density cities, the floor area per person is usually larger than needed for the inhabitants; this commonly leads to the misuse of resources such as electricity, land, water, etc.

How it is compiled, what data are needed?

Measurements and units Ratio of total living space to number of inhabitants (m/inhabitants).

Floor Area Ratio (FAR) The mathematical expression determined by dividing the Gross Floor Area of a building including the garage and all accessory buildings (excluding decks, open porches, child play structures, open gazebos) by the area of the lot on which they are located as:

(OR)

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The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of the total floor area of buildings on a certain location to the size of the land of that location, or the limit imposed on such a ratio.The Floor Area Ratio is the total building square footage (building area) divided by the site size square footage (site area).As a formula: Floor Area Ratio = (Total covered area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus, an FSI of 2.0 would indicate that the total floor area of a building is two times the gross area of the plot on which it is constructed, as would be found in a multiple-story building.

At the level of site development, the access patterns, positioning of buildings relative to the site borders, set backs, and massing are the important decisions. The performance indicators that guide these decisions still are mainly density related, but the land units in the denominator now do not include the areas of streets and other public amenities. Dwelling units per acre is an important density measure in housing. For housing and other building types, the floor area ratio (FAR), also called the plot ratio or the floor space index (units of floor area per unit of site area), is the most significant measure. Where floor area is less indicative, for example, because floor to floor heights are non standards, density indicators based on volume may be used instead, such as cubic feet of building volume per square foot of site. Again, the rules of thumb generally agree that the higher the density is (e.g., as measured by the floor area ratio), the more economical the scheme. Coverage, the ratio of the building foot prints to the total site area, and the open space index, the ratio of open (usually green) space to total site, and the number of units of open space per resident, are examples of other density related indicators at this level.

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LAND USE MODELS THREE MODELS OF URBAN LAND USE The study of urban land use generally draws from three different descriptive models. These models were developed to generalize about the patterns of urban land use found in early industrial cities of the U.S. Because the shape and form of American cities changed over time, new models of urban land were developed to describe an urban landscape that was becoming increasingly complex and differentiated. Further, because these are general models devised to understand the overall patterns of land use, none of them can accurately describe patterns of urban land use in all cities. In fact, all of these models have been criticized for being more applicable to cities in the U.S. than to cities of other nations. Other criticisms have focused on the fact that the models are static; they describe patterns of urban land use in a generic city, but do not describe the process by which land use changes. Despite these criticisms, these models continue to be useful generalizations of the way in which land is devoted to different uses within the city. Below, we will examine the Concentric Zone Model, Sector Model and Multiple Nuclei Model of urban land use. Concentric Zone Model: The concentric zone model was among the early descriptions of urban form. Originated by Earnest Burgess in the 1920s, the concentric zone model depicts the use of urban land as a set of concentric rings with each ring devoted to a different land use (see Figure 1). The model was based on Burgesss observations of Chicago during the early years of the 20th century. Major routes of transportation emanated from the citys core, making the CBD the most accessible location in the city. Burgess identified five rings of land use that would form around the CBD. These rings were originally defined as the (1) central business district, (2) zone of transition, (3) zone of independent workers homes, (4) zone of better residences and (5) zone of commuters. An important feature of this model is the positive correlation of socio-economic status of households with distance from the CBD -- more affluent households were observed to live at greater distances from
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the central city. Burgess described the changing spatial patterns of residential areas as a process of "invasion" and "succession". As the city grew and developed over time, the CBD would exert pressure on the zone immediately surrounding it (the zone of transition). Outward expansion of the CBD would invade nearby residential neighborhoods causing them to expand outward. The process was thought to continue with each successive neighborhood moving further from the CBD. He suggested that inner-city housing was largely occupied by immigrants and households with low socio-economic status. As the city grew and the CBD expanded outward, lower status residents moved to adjacent neighborhoods, and more affluent residents moved further from the CBD.

Figure 1 Three Generalizations of Urban Structure Upper Left: Burgess' Concentric Zone Model; Upper Right: Hoyt's Sector Model; Bottom Left: Harris and Ullman Multiple Nuclei Model. Graphic repared by Department of Geography and Earth Sciences, University of North Carolina at Charlotte. Sector Model: Soon after Burgess generalized about the concentric zone form of the city, Homer Hoyt re-cast the concentric ring model. While recognizing the value of
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the concentric ring model, Hoyt also observed some consistent patterns in many American cities. He observed, for example, that it was common for low-income households to be found in close proximity to railroad lines, and commercial establishments to be found along business thoroughfares. In 1939, Hoyt modified the concentric zone model to account for major transportation routes. Recall that most major cities evolved around the nexus of several important transport facilities such as railroads, sea ports, and trolly lines that emanated from the city's center. Recognizing that these routes (and later metropolitan expressways and interstate highways) represented lines of greater access, Hoyt theorized that cities would tend to grow in wedge-shaped patterns, or sectors, emanating from the CBD and centered on major transportation routes. Higher levels of access translate to higher land values. Thus, many commercial functions would remain in the CBD, but manufacturing activity would develop in a wedge surrounding transport routes. Residential land use patterns also would grow in wedge-shaped patterns with a sector of lower-income households bordering the manufacturing/ warehousing sector (traffic, noise and pollution making these less desirable locations to live) and sectors of middle- and higher-income households located away from industrial sites. In many respects, Hoyt's sector model is simply a concentric zone model modified to account for the impact of transportation systems on accessibility. Multiple Nuclei Model: By 1945, it was clear to Chauncy Harris and Edward Ullman that many cities did not fit the traditional concentric zone or sector model. Cities of greater size were developing substantial suburban areas and some suburbs, having reached significant size, were functioning like smaller business districts. These smaller business districts acted as satellite nodes, or nuclei, of activity around which land use patterns formed. While Harris and Ullman still saw the CBD as the major center of commerce, they suggested that specialized cells of activity would develop according to specific requirements of certain activities, different rent-paying abilities, and the tendency for some kinds of economic activity to cluster together. At the center of their model is the CBD, with light manufacturing and wholesaling located along transport routes? Heavy industry was thought to locate near the outer
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edge of city, perhaps surrounded by lower-income households, and suburbs of commuters and smaller service centers would occupy the urban periphery.

GLOBAL LAND USE MODELS Global land-use models address the allocation of land to specific use types. They are used to understand the dynamics of land-use change but also to project the future development of land-use patterns.

Land supplies a multitude of goods and services to human societies and the demand for these is changing with demography, wealth, and lifestyles. However, land is available in limited stocks only and thus, food, fiber-, and timber production, recreation, nature conservation, infrastructures, and

settlements compete for suitable land. The historical development, cultural background, political and institutional conditions, trade regimes, and most of all the lands suitability for specific land-use types constrain this competition. Their interaction determines the spatial land-use pattern and the spatial extent of the area under cultivation. Land suitability, however, is not distributed evenly over space but forms heterogeneous patterns, complicating the competition for suitable land.

Societal and environmental conditions change, modifying the global landuse pattern as a consequence. Well-known examples for these global land-use changes are tropical deforestation and agricultural expansion, intensification, and specialization. Global Modeling Approaches To analyze this complexity and to project the future development of landuse patterns as integral parts of the Earth System, land-use models are being developed and employed.
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The global scale is of special interest for analyzing land-use change processes. Many of the drivers and also many consequences of land-use change are of global extent and so-called globalization increasingly allows the shifting of land requirements from one region to another. These changes can only be addressed in a global framework. However, global approaches require high levels of generalization and aggregation, both spatially and conceptually. Thus, specific methodologies are needed for global approaches that differ significantly from smaller-scale approaches: Global land-use models implement other processes than smaller-scale approaches. They can in principle cover feedbacks to world market prices or inter-regional competition and can, thus, determine total area demand, which often is an input to smaller-scale models. On the other hand, several processes that are often considered in small-scale land-use models, such as effects of land tenure or management, cannot be included in the global level. Some processes are only analyzed at local scales that cannot be generalized or extrapolated to other regions. It is also hard to find adequate data for these local processes at the global scale. The lack of suitable global data sets and the special requirements of global-scale modeling approaches partially explain the small number of global-scale land-use models available.

The complexity of global land-use change processes is often much reduced by excluding inter-sectoral competition: That is, most global land-use models focus on agriculture or forestry only. Rarely, agriculture and forestry are addressed in the same model. Recreation, infrastructure, and settlements are completely ignored in global land-use models. Methodologically, the complexity is often reduced by employing only disciplinary methods in the models, ignoring the interdisciplinary character of land-use dynamics. Based on their disciplinary background, three types of large-scale modeling approaches can be recognized:

geographic land-use models; economic land-use models; and

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Integrated land-use models, which combine both approaches.

At the global scale, no geographic land-use model exists and most economic landuse models are not designed or employed to analyze land-use dynamics, although they allocate land in monetary terms to specific production types. Nonetheless, all three methodologies can be principally employed at the global scale to analyze and project global land-use dynamics. Most global-scale land-use models that are specifically designed to analyze and project land-use changes are integrated models, i.e., they are based on geographic and economic modeling approaches.

Geographic Modeling Approaches

Geographic approaches focus on spatial patterns of land-use change processes. They allow the flexible inclusion of behavioral patterns that affect the spatial allocation of land. Geographic modeling approaches require external projections of area- or commodity demand. These external demands are consequently not affected by the spatial limitations in their production, which can strongly affect demand via the price mechanism. Geographic approaches comprise empirical-statistical as well as rule/process-based models.

So far, there is no global geographic land-use model. These models are developed for and applied at regional to continental scales. The methodologies, however, is in principle applicable at the global scale as well and are partly used in integrated models. Examples of large-scale geographic land-use models are the CLUE models.

Economic Modeling Approaches

Economic land-use models on the contrary are concerned with the interaction of commodity demand, production, and trade, but largely ignore the spatial heterogeneity of land suitability. The variations in land suitability, however, largely
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determine the production inputs needed (e.g. land, chemicals, labor) and, thus, production costs. They also limit the total production potential. Usually, economic large-scale land-use models are partial or general equilibrium models.

Several global-scale economic models exist but even if these include land as a primary production factor, the vast majority is not designed to analyze the allocation of land but focuses on changes in market structures of land-intensive goods or landuse emissions. Their methodologies are, however, employed in integrated models. Examples of economic global land-use models are the GTAP models and the AgLU model.

Integrated Modeling Approaches

These

disciplinary

shortcomings

can

only

be

overcome

by

integrating geographic and economic methodologies a challenge yet to be fully met. Few models attempt to integrate over these disciplinary boundaries, but these models are usually specifically designed to address global land-use dynamics. Such integration is hampered by the strong differences in thematic, spatial, and temporal scales. First approaches to integrate economic and geographic methodologies and data are promising, but are often inconsistent and/or incomplete. Commodities and land are included in monetary terms only and often cannot be simply mapped to physical units as hectares or metric tones. Examples of integrated global land-use models are the coupled IMAGE-GTAP/LEI model and the FARM model.

URBAN LAND USE MODELS The relationships between transportation and land use are rich in theoretical representations that have contributed much to geographical sciences. Several descriptive and analytical models of urban land use have been developed over time,

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with increased levels of complexity. All involve some consideration of transport in the explanations of urban land use structures:

Von Thunens regional land use model is the oldest. It was initially developed in the early 19th century (1826) for the analysis of agricultural land use patterns in Germany. It used the concept of economic rent to explain a spatial organization where different agricultural activities are competing for the usage of land. The underlying principles of this model have been the foundation of many others where economic considerations, namely land rent and distance-decay, are incorporated. The core assumption of the model is that agricultural land use is patterned in the form of concentric circles around a market. Many concordances of this model with reality have been found, notably in North America.

The Burgess concentric model was among the first attempts to investigate spatial patterns at the urban level (1925). Although the purpose of the model was to analyze social classes, it recognized that transportation and mobility were important factors behind the spatial organization of urban areas. The formal land use representation of this model is derived from commuting distance from the CBD, creating concentric circles. Each circle represents a specific socioeconomic urban landscape. This model is conceptually a direct adaptation of the Von Thunen's model to urban land use since it deals with a concentric representation.

Sector and multiple nuclei land use models were developed to take into account numerous factors overlooked by concentric models, namely the influence of transport axis (Hoyt, 1939) and multiple nuclei (Harris and Ullman, 1945) on land use and growth. Both representations consider the emerging impacts of motorization on the urban spatial structure.

Hybrid models tried to include the concentric, sector and nuclei behavior of different processes in explaining urban land use. They are an attempt to integrate the strengths of each approach since none of these appear to provide a completely satisfactory explanation. Thus, hybrid models, such as that

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developed by Isard (1955), consider the concentric effect of nodes (CBDs and sub-centers) and the radial effect of transport axis, all overlain to form a land use pattern. Also, hybrid representations are suitable to explain the structure as they combine different spatial impacts of transportation on urban land use, let them be concentric or radial, and this at different points in time.

Land rent theory was also developed to explain land use as a market where different urban activities are competing for land usage at a location. It is strongly based in the market principle of spatial competition. The more desirable the location, the higher its rent value. Transportation, through accessibility and distance-decay, is a strong explanatory factor on the land rent and its impacts on land use. However, conventional representations of land rent are being challenged by structural of contemporary cities.

Most of these models are essentially static as they explain land use patterns. They do not explicitly consider the processes that are creating or changing them.

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MASTER PLAN AND DEVELOPMENT CONTROL MEASURES WITH RESPECT TO FSI/ FAR

The development plan is an aspect of town and country planning comprising a set of documents, which set out the Local Authorities policies and proposals for the development and use of land in their area. The development plan guides and informs day to day decisions as to whether or not Planning Permission should be granted, under the system known as Development Control. In order to ensure that these decisions are rational and consistent, they must be considered against the development plan adopted by the authority, after public consultation and having proper regard to other material factors.

The main objective of the CDP is to have a planned growth of the city in the desired direction and to project Hyderabad as a Global City, guided by a shared vision for citys development. The CDP makes basic policy choices and provides a flexible framework for adapting to real conditions over time. It emphases on issues of priority local concerns for livability, and the implied requirements in terms of:

?? Enhancing City Productivity ?? Reducing Poverty ?? Improving Urban Governance and ?? Enhancing Financial Sustainability

The CDP comprises of sectoral plans for the identified sectors for a time horizon of 20 years outlining policy framework and investment interventions to achieve the vision. Legislation requires that decisions made should be in accordance with the development plan unless material considerations indicate otherwise. Although plans do not have to be rigidly adhered to, they provide a firm basis for rational and consistent planning decisions.
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Theoretically, the primary purpose of Master Plans and Development Plans is zoningwhich is to segregate uses that are thought to be incompatible. In practice, zoning is used to prevent new development from interfering with

existing residents or businesses and to preserve the "character" of a community. Zoning is commonly controlled by local governments such

as counties or municipalities, though the nature of the zoning regime may be determined or limited by state or national planning authorities or through enabling legislation. In Australia, land under the control of the Commonwealth (federal) government is not subject to state planning controls. The United States and other federal countries are similar. Zoning and urban planning in France and Germany are regulated by national or federal codes. In the case of Germany this code includes contents of zoning plans as well as the legal procedure. Zoning may include regulation of the kinds of activities which will be acceptable on particular lots (such as open space, residential, agricultural,

commercial or industrial), the densities at which those activities can be performed (from low-density housing such as single family homes to high-density such as highrise apartment buildings), the height of buildings, the amount of space structures may occupy, the location of a building on the lot (setbacks), the proportions of the types of space on a lot, such as how much landscaped space, impervious surface, traffic lanes, and parking must be provided. In Germany, zoning usually includes building design, very specific green space and compensation regulations. The details of how individual planning systems incorporate zoning into their regulatory regimes vary though the intention is always similar. For example, in the state of Victoria, Australia, land use zones are combined with a system of planning scheme overlays to account for the multiplicity of factors that impact on desirable urban outcomes in any location. Most zoning systems have a procedure for granting variances (exceptions to the zoning rules), usually because of some perceived hardship caused by the particular nature of the property in question.

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Basically, urban zones fall into one of five major categories: residential, mixed residential-commercial, commercial, industrial and special (e. g. power plants, sports complexes, airports, shopping malls etc.). Each category can have a number of subcategories. In Germany, e. g., each category has a designated limit for noise immissions (not part of the building code, but federal immissions code). In the United States or Canada, for example, residential zones can have the following subcategories: R-1: Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including: Boarding houses, Hotels, Motels R-2: Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses, Boarding houses, Convents, Dormitories R-3: Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including: Buildings that do not contain more than two dwelling units. Adult care facilities for five or fewer persons for less than 24 hours. R-4: Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants.

The CDP presents the city development issues, deficiency analysis and a management framework outlining strategies and guidelines for future growth. The plan provides a distinctive thrust for introducing enabling rather than restrictive regulatory mechanisms through realistic planning and management interventions within the overall regulatory and institutional framework. A development implementation action plan comprising of implementation schedule, role of

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stakeholders,

regulations

and

institutional

strengthening

mechanisms

are

formulated, with special emphasis on institutionalizing the monitoring mechanisms. T C P O NORMS The Town and Country Planning Organization (TCPO), technical arm of the Ministry of Urban Development, Government of India, is an apex technical advisory and consultant organization on matters concerning urban and regional planning strategies, research, appraisal, and monitoring of central government schemes and development policies. TCPO not only assists the Central Government but also provides assistance to the State Governments, Public Sector Undertakings and Local Bodies / Development Authorities on the matters pertaining to urbanization, town planning, urban transportation, metropolitan planning, human settlement policies, planning legislation. The Organization also undertakes consultancy works on urban development, urban design, spatial planning, etc, besides, conducting training programme on computer application in planning, GIS, etc., in collaboration with other national and international agencies. The major functions of TCPO are: I) II) Appraisal and monitoring of central sector projects / programmes. Advice to the Ministry of Urban Development, Planning Commission and other Central Ministries in Urban Development policies and strategies. III) Technical advice and assistance to State Town and Country Planning Departments. IV) V) Undertaking applied research in areas of topical interest. Preparation of Manuals and Guides on various aspects of planning and development. VI) Organizing training programmes, conferences and workshops for inservice planners and officials in the field of urban and regional planning and development. VII) Providing consultancy services in planning projects at various levels.

VIII) Developing Urban and Regional Information System.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Major on-going and new Schemes I) Integrated Development of Small and Medium Towns Since 1979-80, the Centrally Sponsored Scheme of Integrated Development of Small and Medium Towns (IDSMT) are in operation in all states and UTs. It aims at the development of selected regional growth centers with infrastructure and service facilities so as to enable such towns to emerge as regional centers of economic growth and employment opportunities and arrest migration from rural areas and small towns to large and metropolitan cities. Since inception of the scheme till end

of the financial year 2004-05 central assistance of Rs. 850.49 crores has been released to 1854 towns. In addition, Rs. 24.05 crores has also been released to 1202 towns under Central Urban Infrastructure Support Scheme (CUISS). A status report on IDSMT 2004-05 highlighting the salient features of the scheme, component wise progress for each state and UT up to 31.03.2005 is available with TCPO. II) Urban Infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) The IDSMT scheme has been subsumed in the new scheme of Urban Infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) recently launched by the Government on 3rd December 2005. Guidelines of the new scheme have been circulated to all states and UTs. Under the Scheme, TCPO as a member of State Level Sanctioning Committee, will scrutinize the appraisal reports and provide technical inputs for clearing / sanctioning of the projects. TCPO will monitor and scrutinize the quarterly progress report received from the State Level Nodal Agency and appraise the Ministry from time to time about the progress of the scheme. TCPO will also be responsible for preparing the status report of the scheme annually and will help in organizing the training programmes for the capacity building. III) Urban Mapping Scheme

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Perspective Plan for Dandakarnyathe Urban Mapping Scheme was initiated during the VIII Five Year Plan to prepare large-scale base maps of towns / cities using aerial photography. Under the scheme 53 towns from different States were covered in two phases. During the first phase 25 towns from 7 States and during the second phase 28 towns from 19 States have been covered in consultation with the State Governments. The total work of aerial photography and mapping for all the 53 towns has been completed and maps generated under the scheme have been sent to the respective State Town Planning Departments which are being used for urban planning and other related purposes. Out of 53 towns, 28 towns covered in the second phase are also available in digital format. Further, to test the efficacy of the

maps generated under the scheme, two towns viz. Khammam and Nainital have been taken up as pilot studies for generation of GIS database to enable preparation of Master Plan. The total cost of the scheme for all the 53 towns worked out to Rs 20.19 Crores. IV) National Urban Information System (NUIS) During the Tenth Five Year Plan, the Urban Mapping Scheme has been discontinued and subsumed in the new scheme of National Urban Information System (NUIS) Scheme. Under NUIS it is proposed to cover 137 towns at an estimated cost of Rs. 66.28 crores. Under the scheme, funding will be in the ratio of 75:25 between Central Government and State Government. TCPO is the nodal agency to implement the NUIS Scheme. The NUIS comprises broadly two major components with independent but related objectives, strategies and budget under a single umbrella i.e. 1. Urban Spatial Information System Scheme (USIS) 2. National Urban Data Bank and Indicators (NUDBI) The National Urban Databank and Indicators component will further comprise the following two sub-components (1) Housing and Household Statistics, and (2)
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National Urban Observatory / Local Urban Observatories addressing the indicators aspect. The scheme has been approved by the Government and operationalized.

V) Permanent Settlement Plan for Tsunami Affected Areas in A&N Islands As directed by the Ministry, TCPO as a member of the central team has surveyed and prepared layout plans for Permanent Settlements for Tsunami affected areas in Little Andaman, Car Nicobar, Southern group of Islands, and Great Nicobar of A&N Islands. VI) Jawaharlal Nehru National Urban Renewal Mission (JNNURM) JNNURM launched by the Honble PM on 3rd December 2005 will be implemented by the Ministry during the next seven years. The Mission envisaged improving urban infrastructure services in the identified cities to make them efficient and effective centers of growth. Under JNNURM, Chief Planner, TCPO is a member of the Central Sanctioning and Monitoring Committee of the Sub-Mission for Urban Infrastructure and Governance, as well as Sub-Mission on Basic Services to the Urban Poor. As such TCPO will provide technical inputs for monitoring and sanctioning of the projects as well as in scrutinizing the City Development Plans and Detailed Project Reports. VII) A Comparative Study on Planning Norms, Building Bye-Laws, Tariff Structure, Land Assembly and Resource Mobilization for selected Metropolitan Cities, (1999) This study was a comparative study among the nine metropolitan cities with regard to Planning Norms, Building Bye-Laws, Tariff Structure, Land Assembly and Resource Mobilization. It is a useful document which gives details of all these relevant issues of urban planning and development for metropolitan cities. The study was funded by Ministry.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

VIII) Building Bye-Laws for NCT Delhi, 2003 (Draft) On the request of the Ministry, Building Bye-Laws for NCT Delhi, 2003 (Draft) was prepared by a Committee constituted for this purpose under the Chairmanship of CP, TCPO. As the building bye-laws of NCT Delhi, 1983 have number of

amendments in the recent past, it was felt that the same may be revised/ updated duly incorporating provisions for structural safety of buildings, rain water harvesting, and barrier free environment for disabled and elderly persons. IX) Comparative Transportation Profile in Metropolitan Cities (Draft), 2003 A comparative transportation profile for selected metropolitan cities was prepared highlighting important transportation issues in these cities. X) Model Building Bye-Laws, 2004 The Model Building Bye-Laws was prepared to act as guide to State Town Planning Departments and Development Authorities to adopt the same as per their requirements and local conditions.

UDPFI GUIDELINES GROUP HOUSING

The number of dwelling units are calculated a basis of the density pattern given in the development plan.

Minimum size of the plot In hill towns Max FAR

2250 sq m 5000 sq m 125(higher far may be given depending on the

pattern of development and should not exceed 150)

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Max height

15m (for plot sizes up to 4000 Sq.m) and 26m for plots above 400 Sq.m)

In hill areas

15 m for all size of plots

Number of dwelling units to be calculated on the basis of the net neighborhood .this may vary between 50 DUs to 125 DUs per ha COMMERCIAL CLUSTER CENTRE CONVENIENCE SHOPPING Max ground coverage Max FAR MAX HEIGHT IN HILLS SECTOR CENTRE MAX GROUND COVERAGE - IN HILLS MAX FAR MAX HEIGHT IN HILLS COMMUNITY CENTRE MAX GROUNG COVERAGE -IN HILLS MAX FAR
154

40% 60 15 M

6M

30% 35% 100 15M 9M

25% 30% 100

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

MAX HEIGHT -IN HILLS DISTRICT CENTRE MAX GROUND COVERAGE MAX FAR -IN HILLS MAX HEIGHT -IN HILLS 125 25%

26M 15M

100 37 M 15M

OTHER CONTROLS Some of the buildings in district centre in hill towns could be permitted up to 50 m height with the approval of the govt. for achieving an urban form.

Plot (Sq.m) 30 above 30 up to 50 above 50 up to 100 above 100 to 250 above 250 to 500 above 500 to 1000 above 1000 to 1500 above 1500 to 2250

Max ground coverage (%) FAR NO of DU's low income group( mainly for cities/towns) 75 150 1 75 150 2 normal housing(mainly for large, medium and small town) 65 180 3 65 180 3 55 165 6 45 120 8 40 100 8 33 1/3 100 12

Max Height(M) 8 8 12 12 15 15 15 15

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

GO 623

156

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

NATIONAL BUILDING CODES

Maximum S.No. Plot Area (sq.mt) Ground Coverage % FAR

No. of DUs.

Maximum Height (mt.)

Low-Income Group Housing (mainly for large cities/towns) 1. 2. 30 Above 30 up to 50 75 75 150 150 1 2 8 8

Normal Housing (mainly for large, medium and small towns) 3. 4. 5. 6. 7. 8. Above 50 up to 100 Above 100 up to 250 Above 250 up to 500 Above 500 up to 1000 Above 1000 up to 1500 Above 1500 up to 2250 65 65 55 45 40 33 1/3 180 180 165 120 100 100 3 3 6 8 8 12 12 12 15 15 15 15

Group Housing The numbers of dwelling units are calculated on the basis of the density pattern given in the development plan, taking into consideration a population of 4.5 persons per dwelling unit. Minimum size of the plot In hill towns Maximum ground coverage 2250 sq. mt. 5000 sq. mt. 35%

125 (higher FAR may be given depending on the pattern of development and should not exceed 150) 15 mt. (for plot sixes up to 4000 sq. mt.) and 26 mt. for plots above 4000 sq.mt. 15 mt. for all size of plots.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

To be calculated on the basis of the net plot area of a particular neighborhood. This may vary between 50 DUs. To 124 DUs. Per hectare.

Foreign Mission Maximum ground coverage Maximum floor area ratio Maximum height 25% 75 14mt.

Hostel Maximum ground coverage Maximum floor area ratio Maximum height 33.33% 100 26mt.

Guest House, Boarding House and Lodging House Minimum plot size Maximum ground coverage Maximum floor area ratio Maximum height Dharmshala, Baratghar, and Night Shelter Minimum plot size 800 sq. mt. 500 sq.mt. 33.33% 100 26 mt.

Maximum ground coverage Maximum floor area ratio Maximum height

33.33% 75 15 mt.

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Convenience Shopping Maximum ground coverage Maximum floor area ratio Maximum Height In hills Local Shopping Maximum ground coverage In hills Maximum FAR Maximum Height In hills Community Centre Maximum ground coverage In hills Maximum FAR Maximum Height In hills District Centre Maximum ground coverage Maximum FAR In hills 25% 125 100 25% 30% 100 26 mt. 15 mt. 30% 35% 100 15 mt. 9 mt. 40% 60 15 mt. 6 mt.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Maximum Height Central Business District Maximum ground coverage Maximum floor area ratio Maximum height

15 mts.

25% 150 37 mt.

Some of the building could be permitted up to 50 mt height.

Wholesale Trade/Ware Housing: Maximum ground coverage Maximum floor area ratio Maximum height 20% 60 14 mt.

Primary School Maximum ground coverage Maximum floor area ratio Maximum height Higher Secondary School Maximum ground coverage Maximum floor area ratio In hills Maximum height 30% 120 100 15 mt. 33% 120 15 mt.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

College Maximum ground coverage Maximum floor area ratio In hills Maximum height 25% 100 75 15 mt.

Academic, including administration (45% of the total land area) Maximum ground coverage Maximum floor area ratio Maximum height In hills 20% 80 26 mt. 15 mt.

Sports and Cultural Activities (15% of the total area) Maximum ground coverage Maximum FAR 10% 15

AUDITORIUM / COMMUNITY HALL Maximum ground coverage Maximum floor area ratio Maximum height 35% 100 20 mt.

RELIGIOUS PREMISES Maximum ground coverage 33.33%

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Maximum floor area ratio Maximum height (Excluding minarets, shikharas and domes)

66.66 11 mt.

Police Post Maximum ground coverage Maximum floor area ratio Maximum height Police Station/Fire Post/Fire Station Maximum ground coverage Maximum floor area ratio Maximum height 25% 100 15 mt. 35% 70 14 mt.

Post and Telegraph Office, Head Post Office Maximum ground coverage Maximum floor area ratio Maximum height Public and Semi-Public Premises General (in case where specific regulations are not given) Maximum ground coverage Maximum floor area ratio Maximum height 25% 100 26 mt. 25% 100 15 mt.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

In hills

15mt.

FARM HOUSES

Sl. No. 1 2

Size of form Above 1.0 ha and up to 2.0 ha 2.9 ha and above

Maximum far 100 sq. mt. (including mezzanine floor) 150 sq. mt. (including floor)

Maximum height Single storeyed maximum height 6 mt. Single storeyed maximum height 6 mt.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

ZONING REGULATIONS AND ITS IMPLICATION IN DEFINING FSI/ FAR

Zoning is the way the governments control the physical development of land and the kinds of uses to which each individual property may be put. City Planners within the Land Use Services Division guide applicants, citizens, and other governmental agencies through all phases of the development review process as they relate to zoning regulations. Zoning regulations are land use regulations and policies that implement community goals and protect community resources while guiding new development. Zoning regulations affect all new construction, most alterations, commercial occupancy changes, property line changes and most site development activity including some tree cutting and landscaping. Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction. Subdivision:A subdivision is just what the name implies: it is dividing a single piece of property into smaller, separate pieces or lots, usually to sell as a divided piece or to allow for future development. Commonly the proposed subdivision involves a series of events that include notice and comment by the public and hearings before area residents and government officials before approval is given. Buffer Zoning: Leaving a strip of land to develop a park, a small driving range, or grass and trees to separate a strictly single-family detached residential district from an apartment complex is becoming a common planning approach used by local government and developers. Down Zoning: It is rezoning of a track of land to less-dense uses. Examples of down zoning are prohibiting high-rise apartments and allowing only low-rise apartments
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

or single-family homes. Another is prohibiting industrial use and allowing retail uses. Down zoning is one of the most popular tools for tightening the screws on development and curbing suburban sprawl. Esthetic zoning: One of the most rapidly expanding forms of zoning is the adoption of esthetic zoning regulation by some communities. These ordinances describe what is and what is not permissible for a land owner in terms of landscaping, color schemes, mailboxes, fences, solar panels, decks, satellite dishes, types of materials, shapes of roof, and so forth. Esthetic zoning ordinance may require that building plans be submitted and approved by an architectural review committee before the "hammering" begins. Contract zoning: In some communities there is a practice that allows a property owner to enter into a written agreement with the local government to rezone certain areas of land, on the condition that the limitations or restrictions set by the town for those parcels are accepted by the owner. The conditions would not necessarily be applied to other similarly zoned parcels. Spot zoning: Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. For example, a park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents. In some areas of the country the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use-zoning plan or in an overall zoning scheme for the community. Whether the exception carved out is reasonable and supported by the facts, often turns on public interest, the effect the spot zoning has on the current uses of neighboring properties, and any ramifications created by the zoning. Zoning refers to the assignment of land, by a municipality (typically a city or county), for a particular use. Common zoning designations are residential, commercial, agricultural and industrial. Regulations of the individual municipality
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

dictate what kinds of structures and activities, and sometimes what size of lots, extraction of natural resources, maintenance of types of pets or livestock, or other activities, are allowed in certain zones. Zoning designations often mean different things in different municipalities. For example, in one city, residential zoning might allow only single family dwellings, whereas, in another, the same zoning designation might mean townhouses are allowed. Combinations of zoning designations can also be applied to the same area. This means you might find a mixture of businesses and single family homes in an area zoned for both residential and commercial use. Zoning laws can also be relaxed or changed from time to time. It is important to know before you buy or lease space for a biotech company, if the area is zoned for commercial and/or industrial use, and if there are any proposed changes in the works. Types of zoning refer to the permitted uses allowed in a particular geographic location. The zoning regulations may place restrictions on every use or "occupancy" of land and structures, according to the zoning type, although certain conditions or special exceptions may be permitted upon grant of an appeal to the proper board or commission.

Common zoning types (which may each contain sub-types) include: Residential (dwellings and related uses). Commercial (businesses, health care, public offices, etc) Industrial (manufacturing, recycling, mining, etc) Rural (farming, woods, camps, recreation, other scattered uses)

Within residential zones, for example, there may be sub classifications such as R1 (single-family dwellings), R2 (duplex), apartments, condos, and permitted related uses such as home businesses, daycare, schools, churches, and small businesses or public facilities (post office).

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Because of the local nature of the regulations it is important that you contact your local building, planning or zoning officials for specific information regarding their classifications and restrictions. Mixed-use development is the practice of allowing more than one type of use in a building or set of buildings. In planning zone terms, this can mean some combination of residential, commercial, industrial, office, institutional, or other land uses. Residential Developments are within an urban area where there is a tendency for land uses to aggregate. A residential area is a land use in which the predominant use is housing. Housing may vary significantly between, and through, residential areas. These include single family housing, multiple family housing such as (apartments, duplexes, town homes (or similar configurations), condominiums) or mobile homes. Zoning for residential use may permit some services or work opportunities or may totally exclude business and industry. It may permit high density land use or only permit low density uses. Residential zoning usually includes a smaller FAR (floor to area ratio) than business, commercial or industrial/manufacturing zoning. The area may also be large or small. In certain residential areas, largely rural, quite large tracts of land may exist which have no services whatsoever. Because a large distance must be traveled to access the nearest services, most journeys involve using a motor vehicle or some other form of transport. This need has resulted in Residential land development usually existing or planned infrastructure such as rail and road. The pattern of development is usually set forth in the restrictive covenants contained in the deeds to the properties in the development, but may also result from or be reinforced by zoning. Restrictive covenants are not easily changed as the agreement of all property owners (many of whom may not live in the area) may need to be obtained to effect a change. The area may also be large or small.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Residential Differentiation: These are some of the various zones under which Residential Areas fall.

inner city residential inner mixed zone established residential new development urban-rural fringe rural residential sub-regional centers

LAND

ASSEMBLING

PROCEDURES/

LAND

PARCELS

IN

MAJOR

METROPOLITAN CITIES Land assembly is often an essential component of the development process for the project, and the process known as land pooling, land re-adjustment or land consolidation achieved these objectives in other parts of the world.

Land is location, and location is the most valuable asset in successful real estate development. The right land transaction is crucial to each of the twin objectives of mixed-income housing: increasing the supply of affordable housing, and increasing the supply of housing near employment. Acquiring well-located land and then reducing the cost of land per housing unit is fundamental to successfully offering a proportion of the housing units at below market rates for rent or sale to low and moderate income households. The public sector may play a role in reducing land costs to developers as much as possible. This can happen through a number of strategies:

Land can be acquired by donation or grants from foundations Past due taxes on land can be reduced or eliminated.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Local

governments

can

donate

tax-foreclosed

property

for

mixed-income

developments.Land cost can be reduced with federal or state redevelopment programs that use low-interest bonds to acquire land and write-down its costs before resale to a developer.Land can be acquired through non-profit partners like housing authorities, downtown development authorities, land banks or land trusts

Land assembly involves joining contiguous lots to make one larger parcel of developable land. Contiguous parcels in an urban area are often too small to build anything more than one house. Putting land together one piece at a time can be very expensive for a developer, especially if there are pollution or title problems. As a result, new developments tend to be built on the fringe of a developed area where large tracts of undeveloped land are available, ignoring vacant urban parcels. You can assemble needed urban parcels through public and private means.

PROCEDURES

1. Meet with stakeholders. Youll want to include developers, real estate professionals, lenders, housing authority representatives, and all affected

governmental agencies. This group will work together in all steps of the process from identifying potential sites to executing agreements for land purchase. 2. Inventory available public property within the site area. Include publicly- held property, tax-foreclosures, and donated property. 3. Determine the privately-held parcels that are necessary to assemble enough land for the site. Available public parcels may not be large enough or contiguously arranged, in which case it will be necessary to add privately- held parcels to complete the site. 4. Create a redevelopment plan governing the sale of properties that are deposited or withdrawn from the land bank that includes mixed-income housing. The bank will be obligated to sell or transfer land from the bank only if its development is consistent with this plan. Offer sites to developers consistent with this plan.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

5. Form a land bank. Land banks buy properties usually for environmental preservation or future development. You can create a land bank in order to turn over abandoned or tax delinquent properties to nonprofit organizations that can develop them. Some local governments manage their land banks directly, while other land banks are governed by a non-profit entity or land trust.

6. Buy the land. Bring together the various landowners to sign a contract agreeing to pool their land. Joint venture or limited partnerships, land trusts, neighborhood or community cooperatives or corporations provide ways to structure these private land assembly agreements. 7. Market your land bank and redevelopment plans. Include property owners and developers in your marketing efforts.

PLOT AMENITIES TRANSFER OF DEVELOPMENT RIGHTS (TDR) 1. WHAT IS TDR? Transfer of Development Rights (TDR) means making available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use extra built up area either himself or transfer it to another in need of the extra built up area for an agreed sum of money.

2. Purpose of TDR: The process of land acquisition in urban areas for public purpose especially for road widening, parks and play grounds, schools etc., is complicated, costly and time consuming. In order to minimize the time needed and to enable a process, which could be advantageously put into practice to acquire land for reservation purposes mentioned above?

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

3. Legal Basis for TDR: The Government of Karnataka felt it necessary to amend the K.T.C.P Act 1961 in order to empower the local bodies (Corporations / Planning Authorities) to permit additional FAR for the land handed over free of cost whenever such lands are required for road widening, and / or for formation of new roads or for development of parks, playgrounds and other civic amenities etc. As a result the Government has inserted a new section 14B in the K.T.C.P Act 1961.

4. Development Rights Certificate (DRC), whether transferable / Inheritable: If the owner of any land which is required for road widening for formation of new roads or development of parks plays grounds, civic amenities etc., those proposed in the plan shall be eligible for the award of Transferable Development Rights. Such award will entitle the owner of the land in the form of a Development Rights Certificate (DRC),which he may use for himself or transfer to any other person.

Calculation of Development Right (DR):

1) ILLUSTRATION FOR USE OF TRANSFER OF DEVELOPMENT RIGHTS Illustration No. 1: In a plot area of 500 square meters at road A, where floor area ratio is 1.5:-

Illustration No. 2: In a plot area of 500 square meters at road B, where floor area ratio is 0.75:172

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

Illustration No. 3: In a plot area of 500 square meters at road C, where floor area ratio is 0.75 and Development right of 150 Sq.m originated at road A is transferred:-

6. Zones of TDR: Based on the intensity of development, the city is divided into intensively developed (A-zone), moderately developed (B-zone) and sparsely developed (C-zone) zones in the plan. The transfer of Development Rights shall be from intensely developed zone to other zones and not vice versa.

7. Utilization of DRC: 1. The DRC so permitted may be utilized either at the remaining portion of the area after surrender which will be limited to a maximum of 0.6 times eligible floor area ratio as additional floor area ratio in lieu of transfer of DRC, irrespective of road width.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

2. The receiving plot shall abut not less than 12 m wide road. 3. The receiving plot can utilize a maximum of 0.6 times the eligible FAR for that plot. 4. The utilization of DRC in favor of NRI or Foreign Nationals will be subject to rules and regulations of the RBI. 5. The Authority may charge a fee of Rupees one hundred for grant / transfer / utilization / revalidation etc., of DRC. 6. The TDR will be allowed to be utilized in multiples of 10 Sq.m only, except the last remainder. 7. The instrument of utilization of DRC shall have to be executed by both the parties transferor and transferee. 8. For each request to utilize the DRC separate utilization form shall be submitted to the Authority. 9. The utilization form requesting to utilize the DRC shall be valid for six months from the date of issue of utilization form. 10. The DRC shall be valid for a period of 5 years. However, the same will be revalidated for a further period of 5 years. The DRC shall however, shall lapse after expiry of 10 years. 11. The Authority may reject / cancel the grant of DRC in the following circumstances:

a) If any dues payable by the owners of the property to the StateGovernment / Local Authority, prior to the date of handing over physical possession of the properties to the (Bangalore MahanagaraPalike) Authority. b) Where DRC is obtained by fraudulent means, c) Where there is a dispute on the title of the land, till settled by the competent court.

In certain circumstances, the development potential of a plot of land may be separated from the land itself and may be made available to the owner of the land in

174

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

the form of transferable development rights (TDR). These Rights may be made available and be subject to the Regulations mentioned below. The Owner (or lessee) of a plot of land which is reserved for a public purpose in the development plan excepting in the case of an existing or retention user or any required compulsory or recreational open space, shall be eligible for the award of Transferable Development Rights (TDRs) in the form of Floor Space Index (FSI) to the extent and on the conditions set out below. Such award will entitle the owner of the land to FSI in the form of a Development Rights Certificate (DRC) which he may use himself or transfer to any other person. However in case of lessee who shall pay the lessor or deposit with the Planning Authority/Development Authority or Appropriate as the case may be, for the payment to the lessor, an amount equivalent to the value of the lessors interest to be determined by any of the said authorities considered on the basis of Land Acquisition Act, 1894, FSI or TDR against the area of land surrendered free of cost and free from all encumbrances will be available to the lessee. Subject to the Regulation 29.1 above, where a plot or land is reserved for any purpose specified in section 22 of Maharashtra Regional & Town Planning Act, 1966, the owner will be eligible for Development Rights (DRS) to the extent stipulated in these Regulations after the said land is surrendered free of cost and after completion of the Development or construction as per these Regulation if he undertakes the same.

NAGARAPALIKA ACT The 73rd and 74th Amendment to the Constitution of India is a milestone in the process of establishing democratic decentralized administration through local bodies and taking administration to the doorsteps of the people to ensure economic and social justice. The State Election Commission (Commission) is a creation of the 73rd amendment of the Constitution of India. The Commission was created with the
175

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

responsibility to conduct election to the Panchayat at various levels. Article 243-K provides for the powers and responsibilities of the State Election Commission. The State Election Commission has been vested with the power of the superintendence, direction and control of the entire process for conduct of elections to Three- tier Panchayat Raj Institutions and Urban Local Bodies of the State Electoral Laws & System. Elections are conducted according to the constitutional provisions, supplemented by laws made by State Assembly. The major laws are Bihar Panchayat Raj Act, 1993, Bihar Municipal Act, 1922 and The Patna Municipal Corporation Act, 1951. The Bihar Panchayat Elections Rule, 1995 deal with the delimitation of territorial constituencies of Panchayat, the reservation thereof, the preparation and revision of electoral rolls and Conduct of Election to the Three- tier Panchayat Raj Institutions. The Bihar Municipalities constitution of territorial constituencies Rules, 2001 deals with the delimitation of territorial constituencies of Nagar Parishad and Nagar Panchayat .The Bihar Municipal Election and Election petitions Rules, 1953 deals with the preparation and revision of electoral rolls and Conduct of Election to Nagar Parishad and Nagar Panchayat. The Patna Municipal Corporation constitution of territorial constituencies Rules, 2001 and Patna Municipal Corporation preparation of electoral rolls and conduct of elections Rules, 1951 deals with the delimitation of territorial constituencies of Nagar Nigam , the reservation thereof, the preparation and revision of electoral rolls and Conduct of Election to Nagar Nigams of the State. The Supreme Court of India has held that where the enacted laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the residuary powers under the Constitution to act in an appropriate manner. The same hold good for the State Election Commissions as well since a comparisons of Article 324 and Article 243 K of constitutions of India would show that the State Election Commission has same powers with regard to Panchayat/Urban Local Bodies Elections as Election Commission of India has regarding to Parliament and State Assemblies.

176

FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

SCHEMES AND PROGRAMMES OF INCOME GENERATION BUILDING PENALIZATION SCHEMES Government Policy: Large number of unauthorized layouts and unauthorized buildings are cropping up in all urban areas. Government with a view to regulate the unauthorized constructions came up with a Penalization of unauthorized constructions and constructions in deviations of the sanctioned plan. This was done allegedly to help bring unauthorized constructions into planning fold and also to remove the threat or fear of demolition. According to government, it is a one-time opportunity to get unauthorized constructions regulated.

Stated' Objectives of the Scheme:

To penalize each and every building constructed unauthorized or in deviation of the sanctioned plan so as to create deterrence against any such practice.

To bring all the unauthorized constructions into planning fold and to regulate the development in urban areas.

To provide an opportunity to the owners of the buildings to regulate their unauthorized constructions and deviations made to the sanctioned plan.

To provide relief to several persons who have purchased buildings without any knowledge about the building regulations.

BUILDING REGULATION SCHEMES The Government of Andhra Pradesh has ordered the regularization of unauthorized constructions made up to 30.06.98 in the areas of Municipal Corporations, Urban Development Authorities and Municipalities in A.P as per the Government Order Ms.No.373, M.A., dated 1-7-98 and G.O.Ms.No.419, M.A., dated 30.07.1998. The salient points of the Government Order for regularization of unauthorized construction are given below:

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

1. The Vice-Chairman of U.D.A, can regularize the unauthorized constructions by collecting penal amounts at the rate of Rs.10/- per sq. ft. of violated area for individual residential buildings at Rs.15/- for Institutional Buildings, Rs.45/- for commercial and industrial buildings. 2. For flats, the penal amount is to be levied at flat rates for apartments Rs.1,000/- per flat of above 30 sq. mt. area incase of deviated construction from sanctioned plan and Rs.3,000/- for flats with an area of 60 sq. mts. and below. In case of unauthorized flats the penal amount is Rs.8,000/- and Rs.6,000/- per plot respectively for unauthorized plots. 3. For regularization of huts and tiled roofs, the penal amount of Rs.750/- will be collected for less than 100 sq.m of plotted area and Rs.1,000/- for plots between 10% to 200 sq.m area. 4. Huts constructed in less than 200 sq.m of area can be regularized without payment of any penalty. For huts constructed in plots above 200 sq.m the flat rate of only Rs.750/- will be levied for regularization. 5. The Building Regularization scheme will be processed when the applicant files a Form-A with 20% of the penal amount. The remaining penal amount will be paid within four months i.e., on or before 31.12.1998 after the submission of the required documents as prescribed in Form-B.

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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

DEVELOPMENT CONTROL AND REGULATION CONTROL

Most people only come into contact with the planning system when decisions have to be taken about whether something can be built in their area. Most new buildings or major changes to existing buildings or to the local environment need consent - known as planning permission.Each application for planning permission is made to the local planning authority for the area.The application must include enough detail for the authority to see what effect the development could have on the area.

If the planning application is in line with the approved plan, the applicant can usually expect to receive planning permission within eight weeks for householders. Approval for larger, commercial developments often takes longer. Permitted development: Some types of minor building work - such as a boundary wall below a certain height - do not need planning permission. This is because the effect of these developments on neighbors or the environment is likely to be small, and the government has issued a general planning permission to authorize them. This is known as permitted development.

Some areas have special protection against certain developments because they contain attractive landscape (like national parks) or interesting plants and wildlife, or because we need to control the spread of towns and villages into open countryside (like the greenbelt).Some smaller areas of land also contain ancient monuments that must not be damaged. Some buildings are specially protected or listed because of their architectural or historic interest.Your local planning authority can let you know whether you need permission.If the local authority refuses permission, the person applying can appeal to the government.Appeals are dealt with by the Planning Inspectorate.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT

The legal framework for controlling development in the Region is primarily provided by the Regional and Town Planning (R&TP) Act, 1966. In this Act the .Development. is defined as the carrying out of buildings, engineering, mining or other operations in, or over, or under land or the making of any material change, in any building or land in the use of any building or land and includes demolition of any existing building, structure or erection or part of such building, structure or erection, reclamation, redevelopment and layout and sub-division of any land.

The key elements of this legal framework for controlling development are:

1. Governments sanction to the Regional Plan or Development Plan; 2. Requirement of obtaining Development Permission; and 3. Enforcement and penal provisions against carrying out development in contravention of Draft or Sanctioned Plans.

In order to ensure that the new development takes place in conformity with the Draft or Sanctioned Regional Plan, R&TP Act requires that every person who intends to carry out development in the Region obtains a permission of the Municipal Authority in whose jurisdiction such development is proposed. Where the land is situated outside the jurisdiction of any Municipal area, the permission of the Collector is required before carrying out the development.

In the Municipal areas or in the areas falling within the jurisdiction of Special Planning Authority and New Town Development Authority, the developments are also regulated in accordance with the provisions of Chapter-IV of the R&TP Act. Section 43 makes it mandatory to obtain Development Permission before carrying out any development.

No such permission is required for certain types of developments such as:

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1. Internal additions and alteration of a building. 2. Works carried out in compliance with any order or direction made by any Authority under any law. 3. Works to be carried out by the Central or State Government or any Local Authority which are required for maintenance or improvement of roads, drains, sewers, pipelines and such other services. 4. Excavation including wells in the ordinary course of agricultural operation and construction of road for giving access to land for agricultural purpose.

The permission can be granted under Section 45 of the Act provided the development proposed is in accordance with the provisions of the Development Plan. Sections 52 to 56 of the Act prescribe penalty for carrying out development which is not in conformity with the Development Plan and provides for removal of unauthorized developments. LAND ACQUISITION ACT The Land Acquisition Act of 1894 is a legal Act in India which allows

the Government of India to acquire any land in the country. Land Acquisition literally means acquiring of land for some public purpose by government/government agency, as authorized by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency. Purpose of Land Acquisition Act The land acquisition act of 1894 was created with the expressed purpose of facilitating the governments acquisition of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for putting up educational institutions or schemes such as housing, health or slum clearance, apart from the projects for rural planning or formation of sites. The word
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"government" refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. It is not necessary that all the acquisition has to be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and cooperative societies established under the co-operative societies act can also acquire the land for developmental activities through the government. History of Land Acquisition Act Regulation I of the land acquisition act was first enacted by the British government in the year 1824. Its application was throughout the whole of the Bengal provinces immediately subject to the Presidency of Fort William. The rules empowered the government to acquire immovable property at, what was deemed to be, a fair and reasonable price for construction of roads, canals or other public purposes. In 1850 some of the provisions of regulation I of 1824 were extended to Calcutta through Act I of 1850, with a view to confirm the land titles in Calcutta that were acquired for public purposes. At that time a railway network was being developed and it was felt

that legislation was needed for acquiring land for the purposes of the railways. Building act XXVII of 1839 and act XX of 1852 were introduced to obviate the difficulties pertaining to the construction of public buildings in the cities of Bombay and Madras. Act VI of 1857 was the first full enactment, which had application to the whole of British India. It repealed all previous enactments relating to acquisition and its object. Subsequently act X of 1870 came in to effect which was further replaced by land acquisition act 1894, a completely self contained act, in order to purge some of the flaws of act X of 1870. After independence in 1947, the Indian government adopted Land Acquisition Act1894 as a tool for land acquisition. Since then various amendments have been made to the 1894 act from time to time. Despite these amendments the administrative procedures have remained same.

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Contents of legislation Notification The process of acquisition begins with the issuance of preliminary notification, as envisaged under section 4(1) of Land Acquisition Act, 1894. The notification has to be essentially published in the official gazette and in two

daily newspapers circulating in that locality of which at least one shall be in the regional language. Further, it is also necessary that the notification has to be affixed in conspicuous places of that locality.

Filing of objections The main objective of issuing preliminary notification is to call for objections, if any, against such acquisitions from the owners or others who are having certain interest over the property; giving them an opportunity to raise their claims against the move of the government for acquiring their lands. The persons aggrieved by such notification shall file their objections within thirty days from the date of preliminary notification. Final declaration After receipt of objections, the concerned authority shall consider those objections, and if found unsatisfactory, then a final declaration rejecting the claims will be issued. Section 6 of the amended Act provides that the final declaration shall be issued by the authority within a period of one year from the date of issuance of preliminary notification under section 4(1) of the Act. However, prior to the amendment, the time stipulated under the Act for final declaration was three years from the date of publication of the preliminary notification. The final declaration has to be published as required under section 6(2) of the Act. Award Section 11 of the Act provides that after receiving the objections, the authority will have to hold an enquiry. However, it is necessary that actual extent of land proposed to be acquired and the value of the land has to be assessed before starting the
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enquiry, as required under sections 8 and 9 of the statute. On completion of the enquiry, award will be passed to that effect and published by the competent authority. After passing the award, the Collector or the Deputy Commissioner shall send notice to the owners or their representatives who were not present personally at the time of passing of the award. Time limit Once the enquiry is concluded, it is the duty of the competent authority to pass the award within two years from the date of publication of the declaration under section 6, as envisaged under section 11 A of the Act. If the authority fails to adhere to the time schedule prescribed under the Act, the entire proceedings initiated for land acquisition will lapse. After passing of the award, the Deputy Commissioner or any other competent authority may take possession of the land immediately, which shall thereupon vest absolutely with the government, free from all claims, whatsoever. Special powers Section 17 of the Act confers special powers with the concerned authority wherein passing of award may be dispensed with and yet permits to take possession of the land notified for acquisition. Further holding of enquiry can also be waived, as envisaged under section 5 A of the Act. However, such powers can be exercised only in case of urgency. After passing of the award, the person whose land has been proposed to be acquired can give his consent for such acquisition and agree to receive the compensation. Objections can also be raised against the measurement of the land, enhancement of compensation or apportionment of the compensation by filing a written application before the Deputy Commissioner, as provided under section 18 of the Act, requesting the authority to refer the matter to the court for determination of the grounds raised in the application. An application to that effect has to be filed by the person who was personally present when the award was passed, within six weeks from the date of the award passed by the Collector. In other cases, the application will have to be made within six weeks from the date of receipt of the notice issued
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under section 12(2) or within six months from the date of the award passed by Deputy Commissioner, whichever is earlier. Compensation Provision for settlement of dispute pertaining to apportionment of the compensation amount is available under section 30 of the Act. In such a situation, the Deputy Commissioner should refer the matter to the court. The claimant will be entitled to the compensation which is determined on the basis of the market value of the land determined as on the date of preliminary notification. According to section 34, if there is delay in payment of compensation beyond one year from the date on which possession is taken, interest at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one year on the outstanding amount of compensation till the date of payment. The government, under section 16 of the Act is at liberty to withdraw from acquisition of land except in cases provided under section 36. However, if the possession of land has been taken, then the government will have no authority to withdraw from such acquisition. Procedure for the Land Acquisition 1. Investigation

When a local authority or a company requires a land, an application is required to be made by it to the revenue authority.

The application should be accompanied with a copy of the plan showing survey nos., purpose of acquisition and the reason for the particular site to be chosen and the provision made for the cost of the acquisition.

After the government has been fully satisfied about the purpose, the least area needed, and other relevant facts as provided under land acquisition rules, it will issue a notification under Section 4 of the act that the particular land is required for public purpose.

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One of the revenue officers is appointed as the collector to hold an inquiry under Section 5-A of the Act.

After notification the owner is prohibited from selling his property or disposing of it and prevented from carrying out any works of improvements for which no compensation will be paid if executed without prior permission from the collector.

2. Objection and Confirmation

Objections are invited from all persons interested in land within thirty days from the date of notification.

The objections will be valid on one or more of the following grounds:

I. That the purpose for which the land is proposed for acquisition is not a public purpose. II. That the land is not or less suitable than another piece of land for the said purpose. III. That the area under acquisition is excessive. IV. That the acquisition will destroy or impair historical or artistic monuments or will desecrate religious buildings, graveyards and the like.

The collector after hearing the objections will submit his report to the government who will finally declare the land for acquisition under the Section 6 of the Act.

After notification the collector proceeds with the claim. He has the site marked out, measured and a plan of the same is made.

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3. Claim and Award

The collector will issue notices under Section 9 to all persons interested in the acquisition to file their claim reports.

The collector is not to be a party to the proceedings, is to possess an expert knowledge on valuation, and offers a fair price to an owner and checks that the public funds are not wasted.

The claim filed should contain the names of the claimants and co-shares if any rents or profits for last three years and a valuation report of the land from an architect or an engineer.

The government can abandon the acquisition proceedings by simply canceling the notification. However, in that case compensation has to be paid under Section 48(2).

In determining the compensation the market value of the land is determined at the date of notification. The rise and fall in the value during the period of transaction and notification is taken into consideration.

Compensation is also payable when: I. Part of the property is proposed for acquisition in such a manner that the remainder depreciates in value. II. When the land notified for acquisition has standing crops or trees. III. If the person interested has to change his place of residence or business then the excess rent payable for the new premises is also considered for compensation.

Matters which are not taken into consideration for the purpose of land acquisition are: I. The degree of urgency which has led to the acquisition. II. Any disinclination of the person interested to part with the land.

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III. Any increase in the land value likely to accrue from the use to which it will be put when acquired.

After necessary inquiries the collector declares his award showing true area of the land, total amount of compensation payable and apportionment of compensation if there are more than one owners or claimants.

The collector has to make the award under section 11 within a period of two years from the date of notification.

4. Reference to Court

Any person interested to whom the award is not satisfactory can submit a written application to the court.

This application should be made within six weeks from the date of declaration of the award.

5. Apportionment

In apparent of the compensation each of the claimants are entitled to the value of his interest, which he has lost, by compulsory acquisition.

Thus it is required to value a variety of interest, rights and claims in the land in terms of money.

Authorities and agencies involved

Union Government State Government Public authorities/agencies like DDA, NOIDA, CIDCO Companies like Reliance, Tata (for SEZs)

The procedure involved for acquisition of land for companies are dealt with under chapter VII of the act, which requires an agreement to be entered into by the
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company with the appropriate government and the same has to be published in the official gazette. The government cannot initiate acquisition proceedings without issuing proper notice to the owners in any of the prescribed mode of service provided under the act and provide them sufficient opportunity. If any of the provisions envisaged in the act is violated or mandatory procedures are not followed, then the entire acquisition proceedings would become void.

Criticism The Land Acquisition act has been criticized by groups that view the act as weak and ineffective, and by groups that view the act as draconian. People who feel that act is weak argue that the procedure followed is cumbersome and costly, often resulting in inordinate delay in land acquisition. This group argues that, the determination of public purpose should be matter of executive discretion and should not be contestable at law. It has also been argued that the property valuation techniques are flawed and that the land owners get to peg the value higher than the real value, based on potential value and opportunity value of their property; resulting in, what is claimed as, a heavy strain on public finances and restrictions on the scale of development and redevelopment projects. There is also opposition to the additional payment of solarium to the land owners, over and above the property value. People who argue that the act is draconian claim that a number of projects which have no public purpose attached, as in the case of SEZs, usurped land from property owners, with the help of the land acquisition act, at what is claimed as, well below the market value of these properties. It is argued that, even in the case of projects that are genuinely for public purposes, there is a considerable difference between the market value of the property and the value that the land acquisition officer pays the land owners. It is also argued that the relocation and rehabilitation of land owners displaced by the actions of the act, is not followed up adequately, and that this is not covered comprehensively in the framework of the act. A notable instance of

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opposition to land acquisition, through the land acquisition act, includes the violence incident. SPECIAL ECONOMIC ZONES India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone (EPZ) model in promoting exports, with Asia's first EPZ set up in Kandla in 1965. With a view to overcome the shortcomings experienced on account of the multiplicity of controls and clearances; absence of world-class infrastructure, and an unstable fiscal regime and with a view to attract larger foreign investments in India, the Special Economic Zones (SEZs) Policy was announced in April 2000. This policy intended to make SEZs an engine for economic growth supported by quality infrastructure complemented by an attractive fiscal package, both at the Centre and the State level, with the minimum possible regulations. SEZs in India functioned from 1.11.2000 to 09.02.2006 under the provisions of the Foreign Trade Policy and fiscal incentives were made effective through the provisions of relevant statutes. To instill confidence in investors and signal the Government's commitment to a stable SEZ policy regime and with a view to impart stability to the SEZ regime thereby generating greater economic activity and employment through the establishment of SEZs, a comprehensive draft SEZ Bill prepared after extensive discussions with the stakeholders. A number of meetings were held in various parts of the country both by the Minister for Commerce and Industry as well as senior officials for this purpose. The Special Economic Zones Act, 2005, was passed by Parliament in May, 2005 which received Presidential assent on the 23rd of June, 2005. The draft SEZ Rules were widely discussed and put on the website of the Department of Commerce offering suggestions/comments. Around 800 suggestions were received on the draft rules. After extensive consultations, the SEZ Act, 2005, supported by SEZ Rules, came into effect on 10th February, 2006, providing for drastic simplification of procedures and for single window clearance on matters

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relating to central as well as state governments. The main objectives of the SEZ Act are: 1. Generation of additional economic activity. 2. Promotion of exports of goods and services; 3. Promotion of investment from domestic and foreign sources; 4. Creation of employment opportunities; 5. Development of infrastructure facilities; It is expected that this will trigger a large flow of foreign and domestic investment in SEZs, in infrastructure and productive capacity, leading to generation of additional economic activity and creation of employment opportunities. The SEZ Act 2005 envisages key role for the State Governments in Export Promotion and creation of related infrastructure. A Single Window SEZ approval mechanism has been provided through a 19 member inter-ministerial SEZ Board of Approval (BoA). The applications duly recommended by the respective State

Governments/UT Administration are considered by this BoA periodically. All decisions of the Board of approvals are with consensus. The SEZ Rules provide for different minimum land requirement for different class of SEZs. Every SEZ is divided into a processing area where alone the SEZ units would come up and the non-processing area where the supporting infrastructure is to be created. The SEZ Rules provide for:

Simplified procedures for development, operation, and maintenance of the Special Economic Zones and for setting up units and conducting business in SEZs;

Single window clearance for setting up of an SEZ; Single window clearance for setting up a unit in a Special Economic Zone; Single Window clearance on matters relating to Central as well as State Governments;

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Simplified compliance procedures and documentation with an emphasis on self certification.

The functioning of the SEZs is governed by a three tier administrative set up. The Board of Approval is the apex body and is headed by the Secretary, Department of Commerce. The Approval Committee at the Zone level deals with approval of units in the SEZs and other related issues. Each Zone is headed by a Development Commissioner, who is ex-officio chairperson of the Approval Committee. Once an SEZ has been approved by the Board of Approval and Central Government has notified the area of the SEZ, units are allowed to be set up in the SEZ. All the proposals for setting up of units in the SEZ are approved at the Zone level by the Approval Committee consisting of Development Commissioner, Customs

Authorities and representatives of State Government. All post approval clearances including grant of importer-exporter code number, change in the name of the company or implementing agency; broad banding diversification, etc. are given at the Zone level by the Development Commissioner. The performances of the SEZ units are periodically monitored by the Approval Committee and units are liable for penal action under the provision of Foreign Trade (Development and Regulation) Act, in case of violation of the conditions of the approval.

The incentives and facilities offered to the units in SEZs for attracting investments into the SEZs, including foreign investment include:

Duty free import/domestic procurement of goods for development, operation and maintenance of SEZ units

100% Income Tax exemption on export income for SEZ units under Section 10AA of the Income Tax Act for first 5 years, 50% for next 5 years thereafter and 50% of the ploughed back export profit for next 5 years.

Exemption from minimum alternate tax under section 115JB of the Income Tax Act.

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External commercial borrowing by SEZ units up to US $ 500 million in a year without any maturity restriction through recognized banking channels.

Exemption from Central Sales Tax. Exemption from Service Tax. Single window clearance for Central and State level approvals. Exemption from State sales tax and other levies as extended by the respective State Governments.

The major incentives and facilities available to SEZ developers include:

Exemption from customs/excise duties for development of SEZs for authorized operations approved by the BOA.

Income Tax exemption on income derived from the business of development of the SEZ in a block of 10 years in 15 years under Section 80-IAB of the Income Tax Act.

Exemption from minimum alternate tax under Section 115 JB of the Income Tax Act.

Exemption from dividend distribution tax under Section 115O of the Income Tax Act.

Exemption from Central Sales Tax (CST). Exemption from Service Tax (Section 7, 26 and Second Schedule of the SEZ Act).

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SEZ Approval Status Consequent upon the SEZ Rules coming into effect w.e.f. 10th February, 2006, Twenty-eight meetings of the Board of Approvals have since been held. During these meetings, formal approval has been granted to 531 SEZ proposals. There are 143 valid in-principle approvals. Out of the 531 formal approvals, 260 SEZs have been notified. Land requirements for approved Special Economic Zones: The total land requirement for the formal approvals granted till date is approximately 67680 hectares out of which about 109 approvals are for State Industrial Development Corporations/State Government Ventures which account for over 20853 hectares. In these cases, the land already available with the State Governments or SIDCs or with private companies has been utilized for setting up SEZ. The land for the 270 notified SEZs where operations have since commenced involved is approximately over 31405 hectares only. Out of the total land area of 2973190 sq km in India, total agricultural land is of the order of 1620388 sq km (54.5%). It is interesting to note that out of this total land area, the land in possession of the 270 SEZs notified amounts to approximately over 314 sq km only. The formal approvals granted also works out to only around 676 sq km.

SEZs- leading to the growth of labor intensive manufacturing industry Out of the 531 formal approvals given till date, 174 approvals are for sector specific and multi product SEZs for manufacture of Textiles & Apparels, Leather Footwear, Automobile components, Engineering etc. Which would involve labor intensive manufacturing? SEZs are going to lead to creation of employment for large number of unemployed rural youth. Nokia and Flextronics electronics hardware SEZs in Sriperumbudur are already providing employment to 14577 and 1058 persons. Hyderabad Gems SEZ for Jewellery manufacturing in Hyderabad has already employed 2145 persons. Majority of who are from landless families, after providing
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training to them. They have a projected direct employment for about 2267 persons. Apache SEZ being set up in Andhra Pradesh will employ 20, 000 persons to manufacture 10, 00,000 pairs of shoes every month. Current employment in Apache SEZ is 5536 persons. Brandix Apparels, a Sri Lankan FDI project would provide employment to 60,000 workers over a period of 3 years. Even in the services sector, 12.5 million sq meters space is expected in the IT/ITES SEZs which as per the NASSCOM standards translates into 12.5 lakh jobs. It is, therefore, expected that establishment of SEZs would lead to fast growth of labor intensive manufacturing and services in the country.

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PROCESSING..

1. AIM, OBJECTIVES, METHODOLOGY, SCOPE & LIMITATIONS 2. RECOMMENDATIONS/ PROPOSALS.

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