RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 4, 2000 No. 158

About approval of Rules of contents of town-planning documents, their developments, approval, state examination and approval and Rules of control of town-planning activities, including control of activities of the customer, developer and the contractor on implementation of town-planning documents

Due to the execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About fundamentals of town planning" of August 30, 1999 the No. 187 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of contents of town-planning documents, their developments, approval, state examination and approval" and "Rules of control of town-planning activities, including control of activities of the customer, developer and the contractor on implementation of town-planning documents" it (is applied).

2. This Resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 4, 2000 No. 158

Rules of contents of town-planning documents, their developments, approval, state examination and approval

1. General provisions

1.1. These rules regulate content and development of town-planning documents (projects), Rules of their approval, state examination and approval.

These rules are the State construction regulation of Azerbaijan (AzDTN 1.5-2) and replace BCH 38-82.

Requirements of these rules are obligatory for all legal entities and physical persons, irrespective of organization.

1.2. In case of development of the town-planning projects provided in these rules it is necessary to be guided by the town-planning legislation of the Azerbaijan Republic and the existing regulating documents of construction.

1.3. These rules provide development of the following town-planning projects:

- general scheme of resettlement, environmental management and territorial organization of productive forces of the Azerbaijan Republic;

- regional schemes of resettlement, environmental management and territorial organization of productive forces;

- schemes and drafts of the district layout;

- master plans of the cities, settlements, rural settlements, resort, historical and cultural and other functional territories;

- projects of line of the settlement;

- drafts of the detailed layout of settlements, their separate functional zones and nodes;

- projects of building of quarters, residential districts, town-planning, architectural, landscape complexes, parks, construction and planning elements of the cities and other settlements.

1.4. Development of special and industry schemes and projects: schemes of master plans of industrial hubs, schemes of placement of projectible industrial enterprises and schemes of streamlining of the existing building in industrial districts, complex schemes of development of all types of urban passenger transportation, schemes and projects of the engineering equipment (water supply, the sewerage, heat and electric utility service and others), schemes of protection of the territories and settlements from dangerous exogenous and technogenic processes, projects of actions for engineering training of the territory, territorial complex schemes of conservation, projects of reconstruction of historical places and other settlements, projects of tourist and recreational areas and other town-planning documents (projects) it is performed according to requirements of special rules or industry regulations.

1.5. Basic plans of arrangement of monuments of history, archeology, town planning and architecture, monumental art, basic historical and architectural plans of the cities and other settlements, projects of zones of protection of monuments are component of the corresponding site plannings, town planning and shall be carried out, as a rule, before its development or at the same time.

1.6. Customers of the project and planning works financed from the republican budget, the town-planning works determined as the state order are financed from the Government budget, and their list affirms relevant organ of the executive authority.

Municipalities can be customers of the project and planning works financed from the local budget.

Legal entities and citizens are customers of construction and planning projects of building of the territory on whom construction is performed at the expense of their own means.

Other organizations which are able to undertake financial questions can be the customer of project and planning works with the consent of the local executive authority or municipality also.

1.7. Contractors of project and planning works are the legal entities or physical persons having the special permission (license) for activities got in accordance with the established procedure in this sphere.

1.8. The customer signs the contract with the designer having the corresponding license for accomplishment of project and planning works and issues it design assignment. The main requirements to the agreement are given in appendix 1.

The customer provides in the terms established by the agreement preparation of necessary basic data for accomplishment of project and planning works. Responsibility for reliability of basic data is born the customer and the organization, the company, other legal entity who provided these data based on the contract with the customer.

Change by the customer of design assignment or basic data involves modification of terms of the contract or the conclusion of the additional agreement.

The customer can order to the designer preparation of the basic data necessary for accomplishment of project and planning works. Conditions of preparation of basic data and financing of these works make a reservation in the agreement. General requirements to tasks for development of planning and town-planning documentation and the list of basic data are given in appendices 3 - 10 to these rules.

The customer can charge preparation of design assignment for development of planning and town-planning documentation to service of architecture and town planning of local executive body or municipality. In case of need carrying out preproject, including sociological, research and other works is provided in design assignment.

1.9. Project solutions of planning and town-planning documentation of different levels shall observe the principles of consistency, mutual coordination and consecutive stability. The reasonable variation in the sequence of development from general is allowed to more exact under certain conditions or parallel development of stages if conditions of perspective development of the territory and the settlement, the state and public concerns are complied.

1.10. During development of town-planning projects all questions influencing adoption of the project decision are subject to approval of the contractor of town-planning projects.

1.11. For the territories, the cities and other settlements having resort and medical resources, town-planning projects are developed taking into account materials on medical zoning, assessment of tourist and recreational, resort resources, and also taking into account requirements of the regulatory legal acts regulating town-planning activities in zones of sanitary protection of resorts and medical sources, and also in specially regulated zones.

1.12. For the historical cities, other settlements and other functional territories having nature sanctuaries and cultures, planning and town-planning documentation is developed taking into account materials of historical and architectural researches, the approved historical and architectural basic plans and projects of zones of protection of monuments.

1.13. As a part of town-planning projects the obligatory (approved) part which is subject to execution by all participants of town-planning activities in the corresponding territory is allocated. Modification of the obligatory (approved) part of the town-planning project is allowed only in consent and the decision of the body which approved it in coordination with the designer and relevant organs (services) of the state control.

1.14. General requirements to development of town-planning projects are given in appendix 2 to these rules.

2. General scheme of resettlement, environmental management and territorial organization of productive forces of the population of the Azerbaijan Republic

2.1. The general scheme of resettlement, environmental management and the territorial organization of productive forces of the republic (further - the General scheme of resettlement) is the long-term document having problem special-purpose character.

2.2. The main objective of the General scheme of resettlement is determination of the main directions of enhancement of resettlement in the territory of the Azerbaijan Republic and coordination with the complex forecast of development and placement of productive forces, ecological state of environment, nation-wide and interregional engineering and transport infrastructures taking into account the developed interrelations of settlements for the purpose of providing conditions of complete town-planning development of the republic, forming of the safe and healthy habitat, development of offers on sustainable development of systems of settlements, preserving natural and historical and cultural heritage.

2.3. In the General scheme of resettlement state policy in the field of resettlement and the organization of the territories of the republic, zoning of the territory is determined, reasons for features of the territorial organization and resettlement in borders of interregional objects and the territories of nation-wide value and special regulation of town-planning activities are given, the basic principles of carrying out policy in the field of resettlement and the organization of the territory at the regional level are determined.

2.4. First-priority measures for implementation of the general scheme of resettlement are developed on the basis of priorities strategies of social and economic development of the Azerbaijan Republic taking into account interests of regions which realization requires the state support, including questions of resettlement of migrants, military personnel, arrangement of the border territories, development of regulatory legal acts, carrying out special and basic scientific research and project works in the field of resettlement and town planning.

2.5. The explanatory note to the General scheme of the settlement shall contain reasons for the provisions listed in subitem 2.2.-2.4. these rules.

2.6. The general scheme of resettlement is basis for development of schemes of resettlement, environmental management and the territorial organization of productive forces of regions, autonomous republics and areas, the cities of republican value, territorial complex schemes of conservation and environmental management; schemes and drafts of the district layout; industry schemes and projects of engineering and transport infrastructure, other documentation of regional value.

2.7. Provisions of the General scheme of resettlement are basis for all types of town-planning activities in the territory of the Azerbaijan Republic.

Development of all-republican, interregional, regional and local target programs and programs of social and economic development, placement and design new, expansion and reconstruction of large production and economic complexes, designing and construction of the new cities, resorts, other major territorial objects shall be performed taking into account basic provisions of the General scheme of resettlement.

2.8. The structure, content and the approved part of the General scheme of resettlement are determined by design assignment.

2.9. Basic provisions of the General scheme of resettlement are represented to the Government of the Azerbaijan Republic for accounting by preparation of regional policy and project development of target and social and economic programs.

3. Regional scheme of resettlement, environmental management and territorial organization of productive forces

3.1. The regional scheme of resettlement, environmental management and the territorial organization of productive forces (the regional scheme of resettlement) is developed in the territory of economical and geographical areas, climatic zones, the improving, resort, tourist and recreational territories, the state and administrative-territorial educations, and also border regions.

3.2. The border of the territory on which the regional scheme of resettlement is developed is established in scheme design assignment.

3.3. The regional scheme of resettlement shall contain assessment of resource potential and the complex analysis of the territory with identification of problems of development, the forecast of forming of systems of resettlement and the organization of the territory of the region in specific conditions, offers on development of republican interregional and regional engineering and transport infrastructures, preserving natural and historical and cultural heritage in borders of the projectible region taking into account interests of the administrative and territorial units entering borders of the projectible region.

3.4. In the regional scheme of resettlement provisions of the General scheme of resettlement are concretized, the basic principles of carrying out state policy in the field of resettlement and the organization of the territory of the respective region, resettlement and the organization of the territory at the local level are determined.

3.5. First-priority measures for implementation of the regional scheme of resettlement are determined taking into account specifics of priorities of social and economic development of the respective region in interrelation with social and economic problems of the Azerbaijan Republic and adjacent regions.

First-priority measures include reasonable complex of offers which need to be considered in case of project development of nation-wide and regional target and social and economic programs, projects of regulatory legal acts, and also the list of research and project works in the field of the resettlement and town planning having nation-wide, regional and interregional value.

3.6. As a part of the regional scheme of resettlement graphical materials in scale 1:50000, 1:00000, the territories including the plan of modern use, the scheme of complex assessment of the territory and the perspective project plan are developed.

On the perspective project plan and the plan of modern use of the territory system of settlements, the territories of specific mode of use, zoning of the territories, objects and communications of engineering and transport infrastructure of nation-wide, interregional and regional value and other basic project decisions shall be shown.

3.7. The schemes proving or disaggregating the project decisions connected with forming of systems of settlements, transport and engineering infrastructures, protection of the territory against dangerous natural and technogenic processes, placement of resort, tourist and recreational areas, the protected territories, and also connected with system of actions in the places of residence and economic activity of the small people and ethnic groups, in ecologic disaster areas and emergency situations are developed in coordination with customers as a part of the regional scheme of resettlement taking into account features of the projectible region.

3.8. The explanatory note to the regional scheme of resettlement, environmental management and the territorial organization of productive forces shall contain requirements of subitem 3.4 - 3.6 of these rules and appendix 3.

3.9. Basic provisions of regional schemes of resettlement are considered at the subsequent stages of town-planning designing, when implementing by local executive bodies or municipalities of regulation of activities in the field of resettlement and the territorial organization, and also considered by all participants of town-planning activities in borders of the projectible region.

4. Scheme of the district layout

4.1. The scheme of the district layout is developed taking into account the problems of perspective development of the area, systems of resettlement connected with other administrative-territorial areas.

4.2. The main objectives of the scheme of the district layout are development of the rational planning organization of the territory and forming of the social, engineering and transport and production infrastructures providing optimal conditions of resettlement of the population, development and enhancement of production and economic complex, effective and complex environmental management.

Schemes of the district layout are developed for the settlement term constituting 15-20 years.

4.3. Main objectives of development of the scheme of the district layout are:

- long-term outlook of zoning of the territory in coordination with its social and economic development;

- settlement of state, regional interests and interests of bodies of the local executive authority and municipalities in all spheres of town-planning activities requiring interconsistency and joint investment.

4.4. As a part of the scheme of the district layout issues are resolved:

- complex assessment of natural, construction, medico-geographical, social and economic, planning, infrastructure, ecological, ethnocultural and other conditions taking into account location of subject of designing in the republic and the region;

- forecasting of changes of town-planning and ecological situation and forecasting of social and economic development;

- zonings of the territories on functional purpose, use types, and also development of recommendations about change of structure of land use taking into account republican, regional and local interests;

- the planning organization of the territory including questions of the organization and enhancement of resettlement, the territorial organization of productive forces, forming of network of mezhselenny servicing of the population, recreation and tourism, preserving and use of nature sanctuaries, stories and cultures, sights, the historical cities and other settlements;

- offers on the planning organization of the territory shall be developed on the alternative basis including town-planning reasons for the made decisions;

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