Coordination of documents for territorial planning of municipalities. The procedure for the development of territorial planning documents. What documents to be guided by when considering the Spatial Planning Scheme

The preparation of territorial planning documents is a complex multi-stage process that includes a set of interrelated actions.

The process and procedure for territorial planning in accordance with the provisions of the Urban Planning Code of the Russian Federation include the following stages.

1. Primary. During this stage, the current documents of territorial planning are assessed, a decision is made on their correction or the development of new documents. A regulatory framework is being formed, tasks are being prepared for the development of a territorial planning document, a competition is being held to select a contractor to prepare a territorial planning document.
2. Collection of background information. At this stage, data is prepared for further use in the development of a territorial planning document.
3. Formation of the draft document of territorial planning. Based on the analysis of the modern use of the territory, strategic goals, tasks, priorities set out in the comprehensive program of socio-economic development, a system of goals and objectives is formed, functional zoning is carried out, measures are determined, maps and diagrams are prepared, as well as project justification.
4. Project approval. The result of the approval of the draft territorial document is the conclusion of the relevant executive bodies of state power or local self-government. In particular, the coordination of the territorial planning scheme of the municipal district is carried out:
- with local self-government bodies of settlements of a municipal district (if it is planned to change the boundaries of land plots owned by settlements);
- with local self-government bodies of municipal districts that have a common border with the municipal district, for which a territorial planning scheme has been developed;
- with the highest executive body of state power of the constituent entity of the Russian Federation, within the boundaries of which the municipal district is located;
- with the federal executive body (in cases where it is planned to change the boundaries of land plots that are in federal ownership or objects of federal significance planned for construction). The document can be approved only in the absence of negative conclusions.

When agreeing on the draft master plan, public hearings on the draft master plan are preliminary held, and then coordination with the interested authorities is carried out:

with the local self-government body of the municipal district in terms of taking into account the provisions of the territorial planning scheme, as well as in cases of placement on the territory of a settlement (urban district) of objects that have a negative impact on the environment;
with local self-government bodies of municipal districts having a common border with a settlement (urban district) (in cases where objects that have a negative impact on the environment are located on the territory of a settlement (urban district)):
with the supreme executive body of state power of the constituent entity of the Russian Federation. within the boundaries of which the settlement (urban district) is located (in cases where it is planned to change the boundaries of land plots owned by the constituent entity of the Russian Federation of objects of regional significance planned for construction, as well as in cases of placement on the territory of the settlement (urban district) of objects that have a negative impact on environment);
with the federal executive body (in cases where it is planned to change the boundaries of land plots that are in federal ownership or objects of federal significance planned for construction). The term for approval of the master plan is three months.
5. Approval of territorial planning documents. Territorial planning schemes for districts and master plans for settlements are approved by decisions of representative bodies of local self-government. The territorial planning scheme of the municipal district is approved by the representative body of local self-government of the municipal district. Prior to approval, the draft territorial planning scheme is subject to publication on the district's official website on the Internet (at least three months before its planned approval).

The quality of the project and compliance with the terms of its implementation depend on the reliability and relevance of the initial data collected and transferred to the developer of the territorial planning scheme (master plan). The sources of initial information are: federal, regional, municipal information resources; operating comprehensive programs for the socio-economic development of the constituent entities of the Russian Federation (municipalities), territorial fragments of target programs, sectoral and infrastructure strategies; charters, passports, reporting documents of municipalities and enterprises and organizations operating on their territory. At the stage of collecting and analyzing information, the previously developed urban planning documentation is assessed for compliance with the time priorities and tasks of socio-economic development and modern use of the territory and the identification of problems of its development. The result of work at this stage is the section "Analysis of the state of the territory, problems and directions of its integrated development", included in the materials on the substantiation of the draft document of territorial development.

The immediate development of territorial planning documents is preceded by the stage of justifying the decision to prepare documents, based on the formation of an appropriate information system, analysis and comprehensive assessment of the conditions for the development of the territory.

A comprehensive assessment of the conditions for the development of the territory provides for the analysis of:

macroeconomic conditions at the levels of the country, district, region and municipality, highlighting the main trends, scenarios for the development of the corresponding economic system;
internal potential of the territory in the context of:
- - natural resource potential,
- - demographic potential,
- - the labor market,
- - economic potential,
- - the financial system,
- - investment climate,
- - tourist and recreational potential,
- - social sphere,
- - engineering and transport infrastructure,
- - housing and communal services,
- - the ecological sphere;
SWOT analysis of the development of the territory, including the identification of socio-economic problems of the object and external threats, the definition of competitive advantages and external opportunities and the formation on this basis of key factors of success, points of growth, flagships of the economic development of the object.

At the same time, forecasted trends of changes in the current situation are also taken into account.

Based on the results of the analysis of a set of factors affecting the implementation of the needs for the functional use of the territory, a consolidated assessment of the conditions of use and resources of the territory is carried out for each of its directions. The results of a comprehensive assessment of the territory should contribute to the most effective satisfaction of the requirements of various types of use of the territory and be used as an objective basis for measures of economic regulation of the use of its parts. Associated with this are the main conditions for its correctness of binding to the functions, to meet the needs of which it is assessed, and to administrative and legal regulatory measures by their types.

For the development of territorial planning documentation, modern information technologies are currently widely used. In particular, the St. Petersburg Research and Production Institute (NPI) "ENKO" widely implements geographic information systems (GIS) into practice. GIS is used in the preparation of various documents for the management of the development of the territory, the creation of urban planning documentation for the spatial planning of a new generation. As an example, consider the package of documentation for the territorial planning of the city of Perm, developed by NPI "ENKO": General plan - Project of protection zones for cultural heritage objects - GIS of the transport complex.

"General plan" - the main type of documentation on the territorial planning of the city, which determines the urban planning strategy and conditions for the formation of the living environment. In it, in accordance with the project periods, the main parameters of the city's development were determined, a planning concept was proposed, measures were developed for the main functional zones, transport and infrastructural development of the territory.

The project of zones for the protection of cultural heritage sites is a mandatory document for any historical settlement. The main goal of the project is to ensure the protection of immovable historical and cultural monuments, valuable historical and cultural territories and landscapes during the reconstruction, development and planning of the city. The boundaries and regimes of urban planning and economic activities established by the Project of Conservation Areas are taken into account when developing the Rules for the Development and Land Use of Individual Urban Areas.

For each monument of history and culture, a corresponding cartographic and semantic database has been created, i.e. all monuments are graphically reflected on an electronic map of the city, provided with digital photographs and complete information available for each of them, which coincides with the content of the Annotated List of Monuments. The same applies directly to the protection zones of monuments and town planning regulations: they are also presented on the electronic map and contain the corresponding descriptive information.

"GIS of the transport complex" is a project that comprehensively analyzes the current state of the transport system and the conditions of transport services for the population of the city. The purpose of the document is to create an electronic geoinformation system that reflects the state and stage-by-stage formation of the configuration and parameters of the urban road network and artificial transport structures for the period provided for by the general plan of the city.

The next regulatory legal document of the territorial planning of Perm is the Rules of Land Use and Development, where zones of various functional purposes and territories with a standardized regime of urban planning activities are allocated on the territory of the city. Further, urban planning regulations for the use of land plots were developed for these zones.

Such a development scheme makes it possible to ensure the interconnection of not only these two important documents for the city, but also to integrate them with a set of thematic blocks and individual cartographic layers: high-resolution digital space image, the current state and use of the territory, transport and engineering infrastructure, engineering and construction conditions, minerals, ecological situation, protected natural areas, planning restrictions.

The next stage of urban planning was the development of territorial planning projects.

The territory planning project is necessary in order to ensure the sustainable development of the territory in accordance with the principles laid down in the master plan and the Rules for land use and development, established in them by the elements of the planning structure and town planning regulations. Graphic materials of the project are developed on a scale of 1: 2000, 1: 1000.

See: ENKO LLC website: enko.spb.ru

Article 18. Documents of territorial planning of municipalities

1. The documents of territorial planning of municipalities are:

1) schemes of territorial planning of municipal districts;

2) master plans of settlements;

3) master plans of urban districts.

2. The composition, the procedure for the preparation of documents for the territorial planning of municipalities, the procedure for the preparation of amendments and their introduction into such documents, as well as the composition, the procedure for the preparation of plans for the implementation of such documents are established in accordance with this Code by laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies.

3. The procedure for coordinating draft documents for territorial planning of municipalities, the composition and procedure for the work of the conciliation commission shall be established by the federal executive body authorized by the Government of the Russian Federation.

4. Documents of territorial planning of municipalities may be the basis for establishing or changing the boundaries of municipalities in the prescribed manner.

Information about changes:

Federal Law No. 41-FZ of March 20, 2011 supplemented Article 18 of this Code with part 5

5. Establishment or change of the boundaries of settlements that are part of a settlement, urban district, is carried out within the boundaries of such a settlement, urban district.

Information about changes:

Federal Law No. 41-FZ of March 20, 2011 supplemented Article 18 of this Code with part 6

6. The representative body of local self-government of a rural settlement has the right to make a decision on the absence of the need to prepare its master plan and on the preparation of land use and development rules if the following conditions are met:

1) it is not expected to change the existing use of the territory of this settlement and there is no approved program for its comprehensive socio-economic development;

2) the documents of the territorial planning of the Russian Federation, the documents of the territorial planning of the constituent entity of the Russian Federation, the documents of the territorial planning of the municipal district do not provide for the placement of objects of federal significance, objects of regional significance, objects of local significance of the municipal district on the territory of this settlement.

Introduction

self-government territorial urban planning

Spatial planning documents are an essential element in the development of regional, district and local investment programs, the formation of a list of investment projects financed from regional and local budgets, schemes and projects for the development of engineering, transport and social infrastructure, territorial integrated environmental management schemes, protection of territories from emergencies.

In general, territorial planning is aimed at defining the purpose of territories; at the same time, it is imperative to take into account the totality of social, economic, environmental and other factors; the objectives of territorial planning are to ensure the sustainable development of territories, the development of engineering, transport and social infrastructures, to ensure that the interests of citizens, society and the authorities are taken into account (part 1 of article 9 of the Urban Planning Code of the Russian Federation).

With the entry into force of the new Urban Planning Code of the Russian Federation, a new planning system for the development of territories began to form, including the territory of the Russian Federation as a whole, and the territories of the constituent entities of the Russian Federation, and the territory of municipalities.

Accordingly, the subjects of territorial development planning (territorial planning), along with the Russian Federation and the constituent entities of the Russian Federation, are municipalities represented by their local self-government bodies. In this regard, the lists of issues of local importance of municipalities with different status include issues in the field of territorial planning for each category of municipalities.

A feature of the preparation of territorial planning documents at the present time is the fact that, at the same time, strategic planning of their development is being carried out in municipalities, and it is necessary to ensure the consistency of these documents with concepts, strategies, strategic plans and plans for the integrated socio-economic development of municipalities.

1. Powers of local self-government bodies in the field of territorial planning

The powers of local self-government bodies of settlements in the field of territorial planning include:

preparation and approval of documents for territorial planning of settlements;

approval of local standards for urban planning of settlements;

approval of the rules for land use and development of settlements;

approval of the documentation for the planning of the territory prepared on the basis of documents for the territorial planning of settlements, with the exception of cases provided for by the Town Planning Code of the Russian Federation;

The powers of local self-government bodies of municipal districts in the field of territorial planning include:

preparation and approval of documents for territorial planning of municipal districts;

approval of local standards for urban planning of inter-settlement areas;

approval of the rules for land use and development of the corresponding inter-settlement territories;

approval of the territorial planning documentation prepared on the basis of territorial planning documents of municipal districts, except for the cases provided for by the Urban Planning Code of the Russian Federation;

maintaining information systems for supporting urban planning activities carried out in the territories of municipal districts.

The powers of local self-government bodies of urban districts in the field of territorial planning include:

preparation and approval of documents for territorial planning of urban districts;

approval of local standards for urban planning design of urban districts;

approval of the rules for land use and development of urban districts;

approval of territorial planning documents for urban districts, prepared on the basis of territorial planning, with the exception of cases stipulated by the Urban Planning Code of the Russian Federation;

maintaining information systems for supporting urban planning activities carried out in the territories of urban districts;

making decisions on the development of built-up areas.

On issues of territorial planning (as well as urban planning activities in general), municipal legal acts are adopted that should not contradict the Urban Planning Code of the Russian Federation.

2. Documents of territorial planning of municipalities

According to article 18 of the Urban Planning Code of the Russian Federation, the documents of territorial planning of municipalities are:

) schemes of territorial planning of municipal districts;

) master plans of settlements;

) master plans of urban districts.

The composition, the procedure for preparing documents for territorial planning of municipalities, the procedure for preparing amendments and making them into such documents, as well as the composition, procedure for preparing plans for the implementation of such documents are established in accordance with this Code by laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government.

In accordance with the Decree of the Government of the Russian Federation of January 26, 2005 No. 40 (as amended of December 29, 2008), the procedure for coordinating territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission when coordinating territorial planning documents is established by the Ministry of Regional Development of the Russian Federation.

Decree of the Government of the Russian Federation of March 24, 2007 No. 178 approved the Regulation on the approval of draft schemes for territorial planning of the constituent entities of the Russian Federation and draft documents for territorial planning of municipalities.

The procedure for approving documents for territorial planning of municipalities, the composition and procedure for the work of the conciliation commission shall be established by the federal executive body authorized by the Government of the Russian Federation. (as amended by Federal Law No. 160-FZ dated 23.07.2008)

The territorial planning documents of municipalities can be the basis for changing the boundaries of municipalities in the prescribed manner.

3. Stages of preparation of urban planning documentation

stage. The preliminary (organizational) stage includes the following actions: making a decision on the development of urban planning documentation on the basis of an appropriate justification prepared by the body authorized to carry out urban planning activities; determination of the source of funding, preparation of tender documentation and organization of tenders (tender); choosing a developer and concluding a contract with him;

stage. The preparatory stage includes: the study of the urban planning situation by the developer; collection and analysis of initial data on the current state and use of the territory of the municipality; about statistical data; on regulatory support and socio-economic programs; about topographic support; on the data of the state land cadastre; on the adopted and planned urban planning decisions on the placement of objects of local, regional and federal significance; on the current urban planning documentation; on the existing electronic data on the current state and use, as well as planned changes in the territory of the municipality;

stage. The development of urban planning documentation includes various works (depending on the type of urban planning documentation and design specifications) of architects, engineers of many specializations, economists, lawyers, ecologists, system analysts, programmers and other specialists in the field of urban planning. As part of the third stage, work is carried out to agree on the schemes of the current state and use of territories (base plans), as well as preliminary coordination of scenarios for urban development of territories (main project proposals) is carried out;

stage. The final stage includes the following processes: agreements with local self-government bodies of the municipality and their structural divisions; approvals with the network services of the municipality, which are in charge of power supply systems; with local government bodies of municipalities that have a common border with a municipal formation, with public authorities of a constituent entity of the Russian Federation, which includes a municipal formation, with federal government bodies in cases and in the manner provided for by the Civil Code of the Russian Federation (in relation to documents of territorial planning of municipalities ); agreements with authorized departmental federal or regional territorial bodies; holding public hearings in cases provided for by the Civil Code of the Russian Federation.

stage. Approval of urban planning documentation. Development and adoption of a plan for the implementation of urban planning documentation (in most cases this stage is not included in the complex of tasks for the preparation of urban planning documentation, but we included it in this list quite deliberately so that all participants in the named processes at any stage think about this fifth, most important stage, focused on the result, rather than being overly carried away by the process itself).

Now, after a general description of the processes for preparing urban planning documentation, we are able to present an indicative list of participants in the designated processes by groups, united by common tasks:

group. Local self-government bodies: the head of the municipality (head of the local administration), deputy heads for construction, property relations, investments, economics, etc .; body authorized to carry out urban planning activities (architecture and town planning body) - customers of town planning documentation.

group. State authorities authorized to carry out urban planning activities. Territorial bodies authorized to exercise control functions.

group. Network services that manage engineering and transportation systems.

group. The population of a city or other settlement, including property owners, investors, developers and other business representatives.

group. Organizations - developers of urban planning documentation.

4. Preparation of documents for territorial planning of municipalities

The preparation of the territorial planning scheme of the municipal district is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account the complex programs for the development of the municipal district, taking into account the provisions on territorial planning, taking into account regional and (or) local standards of urban planning, as well as taking into account the proposals of interested parties.

The draft territorial planning scheme of the municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the municipal district (if there is an official website of the municipal district) in the network " Internet". The draft regulations on territorial planning and draft maps (schemes) or several maps (schemes) contained in the territorial planning scheme (see above) are subject to publication and placement.

Interested persons have the right to submit their proposals on the draft scheme of territorial planning of the municipal district.

Preparation of a master plan for a settlement, a master plan for an urban district. The decision on the preparation of the draft master plan is made, respectively, by the head of the local administration of the settlement, the head of the local administration of the city district.

The preparation of the draft master plan is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account comprehensive programs for the development of municipalities, provisions on territorial planning contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, territorial planning schemes of municipal districts (when preparing a master plan for a settlement), regional and (or) local standards for urban planning, the results of public hearings on the draft master plan, as well as taking into account the proposals of interested parties.

Regional and local standards for urban planning contain the minimum calculated indicators for ensuring favorable conditions for human life (including social and communal facilities, the accessibility of such facilities for the population (including disabled people), engineering infrastructure facilities, and landscaping).

The approval of regional standards for urban planning is carried out taking into account the peculiarities of settlements, urban districts within the boundaries of a constituent entity of the Russian Federation. The composition, procedure for the preparation and approval of regional standards for urban planning are established by the legislation of the constituent entities of the Russian Federation.

The approval of local standards for urban planning is carried out taking into account the peculiarities of settlements within the boundaries of municipalities, inter-settlement territories. The composition, procedure for the preparation and approval of local standards for urban planning are established by regulatory legal acts of local governments. It is not allowed to approve local standards for urban planning, containing the minimum calculated indicators for ensuring favorable conditions for human life are lower than the calculated indicators for ensuring favorable conditions for human life contained in regional standards for urban planning.

If there are cultural heritage objects in the territory of a settlement, an urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction objects located within the boundaries of protection zones of cultural heritage objects are taken into account.

The draft master plan is subject to publication in the manner prescribed for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the urban district (if any the official website of the city district) on the Internet. The draft regulations on territorial planning and draft maps (schemes) or several maps (schemes) contained in the master plan are subject to publication and placement.

Interested parties have the right to submit their proposals for the draft master plan.

The draft master plan is subject to mandatory consideration at public hearings, which are held in order to respect the human right to favorable living conditions, the rights and legitimate interests of rightholders of land plots and capital construction projects.

The procedure for organizing and conducting the named public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, taking into account the following provisions.

Public hearings are held in each locality of the municipality.

When holding public hearings in order to ensure equal opportunities for all interested persons to participate in public hearings, the territory of the settlement may be divided into parts. The maximum number of persons living or registered in such a part of the territory is established by the laws of the constituent entities of the Russian Federation based on the requirement to ensure that all interested persons have equal opportunities to express their opinions.

In order to inform the public about the content of the draft master plan, the local government of the settlement authorized to hold public hearings or the local government of the city district must organize exhibitions, expositions of demonstration materials of the draft master plan, speeches by representatives of local governments, developers of the draft master plan at meetings of residents, in print media, on radio and television.

Participants in public hearings have the right to submit their proposals and comments regarding the draft master plan to the local self-government body of the settlement or the local self-government body of the city district authorized to conduct public hearings, for inclusion in the minutes of public hearings.

The conclusion on the results of public hearings is subject to publication in the manner prescribed for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) on the network "Internet".

The period for holding public hearings from the moment the residents of the municipality are notified about the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month and more than three months ...

The head of the local administration, taking into account the conclusion on the results of public hearings, makes a decision:

on agreement with the draft master plan and sending it to the representative body of the municipality;

on the rejection of the draft master plan and on sending it for revision.

5. Composition of documents for territorial planning of constituent entities of the Russian Federation, their coordination and implementation

The preparation of territorial planning schemes for the constituent entities of the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account programs in the field of state economic, environmental, social, cultural and national development of the constituent entities of the Russian Federation, provisions on territorial planning contained in territorial planning documents Of the Russian Federation, documents of territorial planning of municipalities, as well as taking into account the proposals of interested parties.

The diagrams should contain:

.Borders of municipalities (urban districts, municipal districts, settlements included in the subject of the Russian Federation.

.Borders of forest lands, borders of specially protected natural areas of regional significance, borders of defense and security lands.

.The boundaries of agricultural land and the boundaries of agricultural land in the composition of agricultural land and the planned boundaries of such land.

.Borders of land plots provided for the placement of objects of regional significance or on which capital construction objects are located, belonging to the property of the constituent entity of the Russian Federation.

.Schemes of territories for the placement of objects of regional significance (energy systems, transport, communication routes, informatics of communications, linear objects that ensure the activities of natural monopolies).

.Borders of territories and objects with established restrictions on use, referred to the sphere of territorial planning of the Russian Federation and located within the constituent entity of the Russian Federation.

The territorial planning schemes of the constituent entities of the Russian Federation are coordinated by the highest authority in relation to the subject and the interested local authorities, are subject to official publication, including on the official website of the constituent entity of the Russian Federation on the Internet. The term for approval of a draft scheme for territorial planning of a constituent entity of the Russian Federation may not exceed three months from the date of its submission for approval.

In the event of violation of the rights of owners of land plots and capital construction projects as a result of the approval of the territorial planning scheme of the constituent entity of the Russian Federation, they have the right to challenge these schemes in court (clause 7. Article 15 of the Urban Planning Code of the Russian Federation).

The implementation of the territorial planning scheme of the constituent entity of the Russian Federation is carried out on the basis of the plan for the implementation of the territorial planning scheme of the Russian Federation, which is approved by the supreme executive body of state power of the constituent entity of the Russian Federation within three months from the date of approval of such a scheme.

6. Approval of documents of territorial planning of municipalities and amendments to them

The territorial planning scheme of the municipal district, including the introduction of amendments to such a scheme, is approved by the representative body of local self-government of the municipal district.

The territorial planning scheme of the municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the municipal district (if there is an official website of the municipal district) on the Internet.

The territorial planning scheme of the municipal district, within three days from the date of its approval, is sent to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within the boundaries of which the municipal district is located, local self-government bodies of settlements that are part of the municipal district and, as applicable for the territories of which a territorial planning scheme of the municipal district has been prepared, local self-government bodies of municipal districts and local self-government bodies of urban districts that have a common border with the municipal district.

The rightholders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of the municipal district, have the right to challenge the territorial planning scheme of the municipal district in court.

The government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, interested individuals and legal entities have the right to submit proposals to the local government bodies of the municipal district on amendments to the territorial planning scheme of the municipal district.

Changes to the territorial planning scheme of the municipal district should be carried out in accordance with the requirements provided for the preparation and approval of these documents.

7. Implementation of documents of territorial planning of municipalities

The implementation of the territorial planning scheme of the municipal district is carried out on the basis of the plan for the implementation of the territorial planning scheme of the municipal district, which is approved by the head of the local administration of the municipal district within three months from the date of approval of such a scheme.

The plan for the implementation of the territorial planning scheme of the municipal district contains:

a decision on the preparation of a draft rules for land use and development of inter-settlement territories in the event of planning the development of such territories or on amending the rules for land use and development;

terms of preparation of documentation for the planning of the territory for the placement of capital construction objects of local significance and capital construction objects in inter-settlement territories, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;

terms of preparation of project documentation and terms of construction of capital construction objects of local importance;

financial and economic substantiation of the implementation of the territorial planning scheme of the municipal district.

8. Features of the preparation of documentation for the planning of the territory, developed on the basis of the decision of the local self-government body of the settlement or the local self-government body of the urban district

The decision on the preparation of documentation for the planning of the territory is taken by the local government of the settlement or the local government of the urban district on the initiative of these bodies or on the basis of proposals from individuals or legal entities for the preparation of documentation for the planning of the territory.

This decision is subject to publication in the manner prescribed for the official publication of municipal legal acts, other official information, within three days from the date of such a decision and is posted on the official website of the settlement (if there is an official website of the settlement) or on the official website of the urban district (if available the official website of the city district) on the Internet.

From the day of the publication of the decision on the preparation of documentation for the planning of the territory, individuals or legal entities have the right to submit to the local government of the settlement or the local government of the urban district their proposals on the procedure, timing of preparation and content of documentation for the planning of the territory.

The local self-government body of the settlement or the local self-government body of the city district checks the documentation for the planning of the territory for compliance with the established requirements. Based on the results of the inspection, the indicated bodies make an appropriate decision on sending the documentation on the planning of the territory to the head of the settlement, the head of the urban district, or on the rejection of such documentation and on sending it for revision.

Territory planning projects and land surveying projects prepared as part of the territory planning documentation on the basis of the decision of the local self-government body of the settlement or the local self-government body of the urban district, prior to their approval, are subject to mandatory consideration at public hearings.

The procedure for organizing and conducting public hearings on the project for the planning of the territory and the project for land surveying is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, taking into account the following features:

in order to respect the human right to favorable living conditions, the rights and legitimate interests of the rightholders of land plots and capital construction objects, public hearings on the territory planning project and the territory survey project are held with the participation of citizens living in the territory in relation to which the project of its planning and design is being prepared its land surveying, rights holders of land plots and capital construction projects located in the specified territory, persons whose legitimate interests may be violated in connection with the implementation of such projects;

when holding public hearings on the territory planning project and the territory surveying project, all interested parties should be provided with equal opportunities to express their opinions;

Participants of public hearings on the territory planning project and the territory surveying project have the right to submit to the local self-government body of the settlement or the local self-government body of the city district authorized for holding public hearings their proposals and comments regarding the territory planning project or the land surveying project, for their inclusion in the minutes of public hearings ;

the conclusion on the results of public hearings on the territory planning project and the territory survey project is subject to publication in the manner prescribed for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement) or on the official website of the urban district ( if there is an official website of the city district) on the Internet.

The period for holding public hearings from the day the residents of the municipality are notified about the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month and more than three months ...

The local self-government body of the settlement or the local self-government body of the city district shall forward, respectively, to the head of the local administration of the settlement, to the head of the local administration of the city district prepared documentation on the planning of the territory, the minutes of public hearings on the project of planning the territory and the project of land surveying and the conclusion on the results of public hearings no later than fifteen days from the date of the public hearing.

The head of the local administration of the settlement or the head of the local administration of the city district, taking into account the minutes of public hearings on the draft territory planning and land-surveying project and the conclusion on the results of public hearings, makes a decision:

on the approval of documentation for the planning of the territory;

on the rejection of such documentation and on sending it to the local government for revision, taking into account the specified protocol and conclusion.

Approved documentation for the planning of the territory (projects for planning the territory and projects for land surveying) is subject to publication in the manner prescribed for the official publication of municipal legal acts, other official information, within seven days from the date of approval of the specified documentation and is posted on the official website of the municipality (if available the official website of the municipality) on the Internet.

On the basis of the documentation for the planning of the territory approved by the head of the local administration of the settlement or the head of the local administration of the city district, the representative body of local self-government has the right to amend the rules of land use and development in terms of clarifying the limit parameters of the permitted construction and reconstruction of capital construction projects established by the town planning regulations.

Preparation of documentation for the planning of inter-settlement territories on the basis of the rules of land use and development of inter-settlement territories is carried out on the basis of the decision of the local self-government body of the municipal district.

In the event that an individual or legal entity applies to a local government with an application for issuing an urban development plan for a land plot, the above procedures are not required. The local self-government body, within thirty days from the date of receipt of the specified application, prepares a town-planning plan for the land plot and approves it. The local government provides the applicant with a town-planning plan of the land plot free of charge.

Conclusion

Territorial planning is an important aspect, without which the correct development of the land area is impossible. The Urban Planning and Land Codes of the Russian Federation help to regulate and carry out activities based on territorial planning within the country, within the constituent entities of the Russian Federation, within the framework of municipalities.

Modern Russian legislation in the field of territorial planning, regulating the relevant legal relations, is aimed at bringing them closer to similar legal relations in countries with a developed system of strategic planning and territorial development planning, in particular urban planning.

This, ultimately, should lead to sustainable development of territories, the formation of an environment favorable for the population, which is declared in a number of provisions of the new Urban Planning Code of the Russian Federation.

Bibliographic list

2.Urban Planning Code of the Russian Federation of December 29, 2004, No. 190-FZ

.Federal Law of 06.10.2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" Art. 14, h. 1, p. 20; Art. 15, h. 1, p. 15; Art. 16, h. 1, p. 26

.Urban Planning Code of the Russian Federation of December 29, 2004, No. 190-FZ, Art. 1

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Chapter 9 of the Urban Planning Code of the Russian Federation states that Territorial planning is aimed at determining in the documents of territorial planning the designation of territories based on a combination of social, economic, environmental and other factors in order to ensure sustainable development of territories, the development of engineering, transport and social infrastructures, ensuring that the interests of citizens are taken into account. and their associations, the Russian Federation, constituent entities of the Russian Federation, municipalities.

Territorial planning is the planning of various territories, for the establishment of functional zones, the determination of the planned location of objects of various significance (federal, regional, local), which include:

· Objects of federal significance are objects that are not public infrastructures tied to a specific territory and associated with the use of nuclear energy, defense, security, space activities;

· Objects of regional and local importance - are allocated on the basis of technical and budgetary characteristics, i.e. no clear gradation;

The list of objects of different meanings can be defined in three ways:

a) legislatively - listing the characteristics of the relevant objects;

b) determination of these objects in the process of territorial planning;

c) the combination of the first two is considered the most optimal.

Urban planning documentation is developed taking into account the fact that its implementation is a complex process that develops in time and space. This process needs to be managed. To do this, it is necessary to develop appropriate control programs, which should contain:

1. A set of subprograms implemented by industry and individual territories, including for unique territorial proposals;

2. A system for monitoring results with a set of benchmarks;

3. The system of regulatory and legal framework governing the development of the territory;

4. Organizational structures capable of making management decisions.

To prepare programs for managing the development of the territory by the administration, together with the developers, a series of workshops is held, at which algorithms for managing the territory and sets of indicators that characterize the implementation of territorial planning documents are being worked out. Effective management of the development of the territory is shown in table 1 (app.)

Territorial planning and town planning, town planning. Regulatory documents defining territorial planning

The boundaries of urban planning and urban planning, on the one hand, can be designated as an obvious connection with architecture, with landscaping, and on the other, as a discipline, a sphere of professional activity:

1) activities related to the entire area of management of the development and functioning of cities.

2) activities that take into account the peculiarities of the spatial location of the object.

3) activities involving the interaction of subjects of the urban environment.

Regulatory documents defining territorial planning

A significant place in the Urban Planning Code is given to the regulation of territorial planning. It should be aimed at defining the purpose of territories in territorial planning documents, based on a combination of social, economic, environmental and other factors in order to ensure sustainable development of territories, development of engineering, transport and social infrastructures, ensuring that the interests of citizens and their associations, the Russian Federation, are taken into account, subjects of the Russian Federation, municipalities.

Spatial planning documents also have three levels - documents of the Russian Federation, constituent entities of the Russian Federation and municipalities. They determine the urban planning policy of the corresponding level and are obligatory for state authorities, local self-government bodies in making decisions and implementing such decisions. Apparently, first of all, it means decisions on the allocation of budgetary funds, as well as the allocation of land plots.

As documents of the territorial planning of the Russian Federation, the Urban Planning Code defines the schemes of territorial planning of the Russian Federation, developed in thematic areas, for example, in the field of national defense and state security, in the development of communications, information and communications, etc.

These schemes should be developed on the basis of the results of engineering surveys, taking into account the federal development programs of the Russian Federation, documents of territorial planning of the constituent entities of the Russian Federation, municipalities, as well as taking into account the proposals of interested parties. In cases specified by law, they are subject to agreement with the constituent entities of the Russian Federation.

Local self-government bodies take part in the consideration of draft schemes of territorial planning of the Russian Federation from the point of view of taking into account their interests in them. The issues of placement of capital construction objects of federal significance, which may have a negative impact on the environment, are also subject to coordination with municipalities.

The territorial planning schemes of the Russian Federation are approved by the Government of the Russian Federation.

At the level of the constituent entities of the Russian Federation, territorial planning schemes of a more specific content are also approved. The law defines in detail the subjects and the procedure for approving territorial planning documents at different levels.

The documents for the territorial planning of municipalities are:

1) schemes of territorial planning of municipal districts;

2) master plans of settlements;

3) master plans of urban districts.

The Town Planning Code describes in detail the composition, the procedure for preparing documents for territorial planning of municipalities and plans for the implementation of such documents. However, it can be clarified by regulatory legal acts of the constituent entities of the Russian Federation, as well as regulatory legal acts of local governments.

In cases determined by the Town Planning Code and specified by the Government of the Russian Federation, these documents are subject to state examination and agreement with higher authorities.

Master plans and territorial planning schemes undergo a public hearing procedure and are approved by representative bodies of local self-government. General plans in cases to be determined by the Government are subject to mandatory state examination. In other cases, territorial planning documents may be sent for examination on the initiative and at the expense of authorities and local governments, citizens' associations.

Since territorial planning issues often affect the interests of bodies of different levels, the Code prudently establishes a procedure for joint preparation of draft documents.

1. The documents of territorial planning of municipalities are:

1) schemes of territorial planning of municipal districts;

2) master plans of settlements;

3) master plans of urban districts.

(as amended by Federal Laws of 23.07.2008 N 160-FZ, of 20.03.2011 N 41-FZ)

4. Documents of territorial planning of municipalities may be the basis for establishing or changing the boundaries of municipalities in the prescribed manner.

(as amended by Federal Law of March 20, 2011 N 41-FZ)

5. Establishment or change of the boundaries of settlements that are part of a settlement, urban district, is carried out within the boundaries of such a settlement, urban district.

(Part 5 is introduced by No.41-FZ Federal Law of 20.03.2011)

1) it is not expected to change the existing use of the territory of this settlement and there is no approved program for its comprehensive socio-economic development;

(Part 6 is introduced by No.41-FZ Federal Law of 20.03.2011)

Urban Planning Code (GrK) of the Russian Federation specializes in the regulation of urban planning activities aimed at the development of urban areas, various settlements and individual (related to these works, services) relations. Contributes to ensuring the stable development of territories on the basis of territorial planning and urban planning zoning. Controls the balance of accounting for economic, environmental, social and other factors in the implementation of urban planning work. Proclaims the provision of appropriate conditions for persons with disabilities for their unhindered access to facilities for various purposes. Raises issues such as the participation of people and their associations in the implementation of urban planning, ensuring the freedom of such participation, the responsibility of the state authorities of our country, state authorities of the constituent entities of the Russian Federation and local self-government for ensuring decent living conditions for a person, etc.