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ADMINISTRATION OF THE MOSCOW REGION

MINISTRY OF CONSTRUCTION

RATING AND STANDARDIZATION

TERRITORIAL BUILDING STANDARDS

Planning and development
urban and rural settlements

TSN PZP-99 MO

TSN 30-303-2000 MO

MOSCOW 2000

1 DEVELOPED:

Minmosoblstroy ( Zakharov I.B.), Main Department of Architecture and Urban Planning ( Frolov A.E., Novoselov Yu.A.), State Unitary Enterprise Research and Design Institute of Urban Development, Head of Architecture of the Moscow Region ( Lyubimov V.M., Klimova S.P., Kadyshev G.I., Obukhova V.N., Gorshkova O.P., Stomakhina K.G., Shabanova K.N., Kashtanova T.A., Muravyova T.N., Danilychev I.A., Chistov V.I., Gladuntsov A.I., Baranskaya E.Yu.), TsNIIP of urban planning RAASN ( Davidenko P.N.), MosgiproNIISelstroy ( Ulyakhina L.F., Suminov A.A.).

INTRODUCED by the Department of Engineering, Scientific and Technical Programs of the Ministry of Transport and Construction

2 ADOPTED AND ENTERED INTO EFFECT by the order of the Ministry of Regional Construction dated December 17, 1999 No. 339 in accordance with the Decree of the Government of the Moscow Region dated April 13, 1998 No. 18/11

3 INTRODUCED FOR THE FIRST TIME

4 REGISTERED by the State Construction Committee of Russia by letter dated September 27, 2000 No. 9-29/484

INTRODUCTION

1 AREA OF USE

4. DEVELOPMENT CONCEPT AND GENERAL ORGANIZATION OF THE TERRITORY OF URBAN AND RURAL SETTLEMENTS

SPATIAL ORGANIZATION OF THE MOSCOW REGION TERRITORY

TYPOLOGY OF URBAN AND RURAL SETTLEMENTS

GENERAL ORGANIZATION AND ZONING OF THE TERRITORY OF URBAN AND RURAL SETTLEMENTS

RESERVE TERRITORIES

SUBURBAN GREEN AREAS

5. RESIDENTIAL AREAS

GENERAL REQUIREMENTS

TYPOLOGY AND STRUCTURAL-FUNCTIONAL ORGANIZATION OF RESIDENTIAL DEVELOPMENT

RESIDENTIAL DEVELOPMENT PARAMETERS

ORGANIZATION OF LOW-RISE RESIDENTIAL DEVELOPMENT AREAS

6. PUBLIC, BUSINESS AND MIXED ZONES

GENERAL REQUIREMENTS

CITY-WIDE AND DISTRICT ZONES

MIXED ZONES

7. PRODUCTION ZONES

GENERAL REQUIREMENTS

INDUSTRIAL ZONES

RESEARCH AND PRODUCTION ZONES

MUNICIPAL STORAGE ZONES

8. RECREATIONAL AREAS

GENERAL REQUIREMENTS

GREENED AREAS FOR PUBLIC USE

RECREATION AREAS

RESORTS, RESORT AND HEALTH AREAS

9. INSTITUTIONS AND ENTERPRISES OF SOCIAL INFRASTRUCTURE

10. TRANSPORT AND ROAD NETWORK

GENERAL REQUIREMENTS

EXTERNAL TRANSPORT

NETWORK OF STREETS AND ROADS

PUBLIC PASSENGER TRANSPORT AND PEDESTRIAN TRAFFIC NETWORK

STRUCTURES AND DEVICES FOR STORAGE AND MAINTENANCE OF VEHICLES

11. ENGINEERING SUPPORT

WATER SUPPLY AND SEWERAGE

ELECTRIC SUPPLY

HEAT SUPPLY

GAS SUPPLY

NETWORK ENGINEERING

12. ENGINEERING PREPARATION OF THE TERRITORY

13. ENVIRONMENTAL PROTECTION

GENERAL REQUIREMENTS

RATIONAL USE AND PROTECTION OF NATURAL RESOURCES

ATMOSPHERE AIR PROTECTION

SOIL PROTECTION

PROTECTION OF SURFACE WATER

NOISE PROTECTION

PROTECTION FROM ELECTROMAGNETIC FIELDS AND IONIZING RADIATION

STORAGE, DISPOSAL AND DISPOSAL OF INDUSTRIAL AND HOUSEHOLD WASTE

14. PRESERVATION OF OBJECTS OF HISTORICAL AND CULTURAL HERITAGE

APPENDIX A TERMS AND DEFINITIONS

APPENDIX B LIST OF LEGISLATIVE AND REGULATIVE DOCUMENTS

APPENDIX B LIST OF 2ND ORDER AGGLOMERATIONS IN THE MOSCOW REGION

APPENDIX D TYPOLOGICAL CHARACTERISTICS OF CITIES IN THE MOSCOW REGION

APPENDIX D LIST OF CADASTRE NUMBERS OF CITIES AND DISTRICTS OF THE MOSCOW REGION

APPENDIX E

ZONING AND AN APPROXIMATE FORM OF THE BALANCE OF THE TERRITORY WITHIN THE LINES OF A SETTLEMENT AREA

APPENDIX 3 BALANCE OF THE TERRITORY OF A RESIDENTIAL QUARTER (MICRODISTRICT). FORM

APPENDIX AND BALANCE OF THE TERRITORY OF THE RESIDENTIAL AREA. FORM

APPENDIX K SPECIFIC INDICATORS OF ELEMENTS OF THE TERRITORY (m 2 /person) AND DENSITY OF MULTI-Apartment RESIDENTIAL DEVELOPMENT (ON THE VACANT TERRITORIES OF THE MICRORORITATION AND RESIDENTIAL AREA)

APPENDIX L MAXIMUM ALLOWABLE PARAMETERS FOR THE DEVELOPMENT OF RESIDENTIAL AREAS FOR LOW-RISE INDIVIDUAL CONSTRUCTION

APPENDIX M INDICATORS OF MINIMUM DEVELOPMENT DENSITY FOR INDUSTRIAL ENTERPRISES SITES

APPENDIX H AREA AND DIMENSIONS OF WAREHOUSES LAND

APPENDIX O DISTRIBUTION OF MAIN CULTURAL AND COMMUNITY INSTITUTIONS BY TYPE AND LEVELS OF SERVICE

APPENDIX P CALCULATION STANDARD FOR INSTITUTIONS AND SERVICE ENTERPRISES AND SIZES OF LAND PLOTS

APPENDIX P ESTIMATED INDICATORS OF SERVICE FOR TEMPORARY POPULATION

APPENDIX C AGRO-ECONOMIC JUSTIFICATION

INTRODUCTION

These TSN are developed in accordance with the law Russian Federation and the Moscow region, are included in the system of regulatory documents determined by the State Construction Committee of Russia, and are territorial construction standards for the Moscow region.

Territorial building codes (TCN) specify and develop the main provisions of the current federal standards and are aimed at:

Sustainable development of urban and rural settlements of the Moscow region, taking into account the characteristics of settlement and the formation of the Moscow agglomeration and 2nd order agglomerations;

Rational use natural resources Moscow region, preservation of the natural complex of cities and their suburban green areas, improvement ecological state settlements and territories, as well as the preservation and revival of architectural, historical and cultural heritage;

Creating conditions for the implementation of social guarantees for citizens, defined by the legislation of the Russian Federation and the Moscow Region, including people with limited mobility and people with disabilities, in terms of providing social and cultural services, engineering and transport infrastructure and improvement of settlements in the Moscow Region;

Increasing the efficiency of urban planning use of settlement territories based on rational zoning, planning organization and development, while ensuring regulatory requirements for the intensity of use of the territory of different functional zones.

1 AREA OF USE

1.1. These TSN apply to the planning, development and reconstruction of the territories of urban and rural settlements of the Moscow region within their boundaries, as well as reserve territories located outside the boundaries of the settlement.

1.2. These TSN define recommended provisions and establish mandatory requirements for urban development objects and are used in the development, examination and implementation of urban planning documentation on planning the development of territories and the construction of urban and rural settlements in the Moscow region, and are also used for decision-making by government authorities of the Moscow region and local government, control and supervision authorities, law enforcement agencies.

2. DEFINITIONS

The main terms and definitions used in these TSN are given in reference Appendix A.

3. REGULATORY REFERENCES

3.1. These TSN have been developed taking into account the requirements of legislative, regulatory documents and standards of the Russian Federation and regulatory legal acts of the Moscow region, the list of which is given in reference Appendix B.

4. DEVELOPMENT CONCEPT AND GENERAL ORGANIZATION OF THE TERRITORY OF URBAN AND RURAL SETTLEMENTS

SPATIAL ORGANIZATION OF THE MOSCOW REGION TERRITORY

4.1. The spatial organization of the territory of the Moscow Region is carried out in accordance with the Urban Planning Code of the Russian Federation and the Law of the Moscow Region "On the organization and functional zoning of the territory of the Moscow Region" on the basis of the General Plan of the Moscow Region, other urban planning documentation on planning the territory of the Moscow Region in connection with the development of Moscow.

When planning and developing settlements in the Moscow region, it is necessary to take into account:

The status of the Moscow region, which, together with the capital of the Russian Federation - Moscow, forms the capital region of Russia, the most urbanized and concentrating significant scientific, industrial, socio-economic and historical and cultural potential of the country, a developed system of external transport links and a unique natural complex;

Peculiarities of settlement, administrative-territorial organization and zoning of the territory of the Moscow region with the allocation urban (urbanized) highway areas With high level socio-economic development and natural (inter-highway) territories, predominantly occupied by forests and forest parks, lands of environmental, nature reserve, recreational and historical and cultural purposes, as well as agricultural lands, reservoirs and other open spaces;

Formation of urban and rural settlements within the Moscow agglomeration and 2nd order agglomerations and the development of labor, cultural and social ties with Moscow and within 2nd order agglomerations;

Identification of territorial objects of special urban planning and special regulation, taking into account the general spatial organization of the territory of the Moscow region, regardless of the boundaries of administrative-territorial entities.

4.2. Urban planning decisions and regulations adopted at the regional level are mandatory when carrying out urban planning activities at the level of individual districts of the region and municipalities. In turn, all provisions regulating urban planning at the district level are mandatory for its constituent municipalities, as well as settlements that are not municipalities.

The interests of municipalities and individual settlements that are not municipalities are taken into account when developing urban planning documentation on planning at the district and regional level in the manner established by the legislation of the Moscow Region.

Settlements that do not have the status of a municipal entity: cities, workers' settlements, departmental settlements at industrial enterprises, station settlements are objects of urban planning within the established boundaries of land use of a given settlement with the identification of the necessary reserve territories, as well as the boundaries and regime of use of suburban green areas.

4.3. The Moscow agglomeration is an integral complex multi-ray urbanized system, consisting of territorially merged or contiguous cities and other settlements formed around the center of the system - the city of Moscow on radial main transport directions approaching Moscow.

The boundaries of the Moscow agglomeration are determined during the development of urban planning documentation for the Moscow region as a whole and for its central most urbanized areas, taking into account regular labor, cultural and social connections with Moscow - the center of the agglomeration within 1.5 - 2 hours of transport accessibility.

At the same time, it is necessary to ensure the adoption of interconnected and coordinated urban planning decisions on the territorial development of the Moscow agglomeration, the formation of transport systems, engineering infrastructure, the placement of public utility facilities serving the general needs of Moscow and the Moscow region, the formation of specially protected systems natural areas, protection of the territories of Moscow and settlements of the Moscow agglomeration from adverse technogenic impacts.

The priorities of urban development of the Moscow agglomeration are determined taking into account the mutual interests of the population of the two constituent entities of the Russian Federation, as well as in order to ensure conditions for Moscow to fulfill the functions of the capital of the Russian Federation, to ensure the state interests of the Moscow region in the development of Moscow as the historical center of the Moscow region.

4.4. Second-order agglomerations are urbanized territories that unite territorially merged or contiguous cities and other settlements, characterized by intensive inter-settlement labor, cultural, social and recreational connections within 1 - 1.5 hours of transport accessibility.

2nd order agglomerations are formed as integral structural parts of the Moscow agglomeration on radial transport directions and in the external zone of the Moscow region.

The boundaries of 2nd order agglomerations are determined during the development of urban planning documentation on the planning of the Moscow region as a whole and the Moscow agglomeration, as well as during the development of urban planning documentation for individual 2nd order agglomerations.

The identification of 2nd order agglomerations as objects of special urban planning regulation provides for the comprehensive development of territories and settlements included in the agglomeration, rational use of resources, and improvement of the living environment of the population within the boundaries of the entire system.

Regulations and urban planning decisions determined at the level of 2nd order agglomerations are mandatory when planning and developing cities and other settlements that are part of them.

The list of 2nd order agglomerations is given in reference Appendix B.

TYPOLOGY OF URBAN AND RURAL SETTLEMENTS

4.5. When determining the prospects for the development and planning of cities and other settlements, it is necessary to take into account:

Population size for the forecast period;

Location of the settlement in the settlement system of the Moscow region (local location or as part of an agglomeration);

Industrial specialization and the role of the city in the system of service centers being formed (local, district and inter-district levels);

Historical and cultural significance of the city (historical city of republican significance, city (settlement) with historical and cultural heritage).

Typological characteristics of the cities of the Moscow region are given in the recommended Appendix D.

4.6. Urban and rural settlements of the Moscow region, depending on the projected population size for the forecast period, are divided into groups in accordance with Table. 1.

4.7. Objects of special regulation of urban planning activities in the Moscow region include:

Historical settlements (22 historical cities federal significance), as well as settlements on the territory of which there are historical and cultural monuments (27 cities) (see Appendix D);

Table 1

Urban settlements with a special regime of life (military camps and other closed administrative-territorial entities, settlements in state natural reserves, national and natural parks);

Other territorial objects that require special urban planning regulation (specially protected natural areas; territories of free economic zones; territories of zones of environmental emergencies; resort areas; zones of sanitary protection of drinking water supply sources; water protection zones of rivers and reservoirs, etc.).

GENERAL ORGANIZATION AND ZONING OF THE TERRITORY OF URBAN AND RURAL SETTLEMENTS

4.8. Urban and rural settlements of the Moscow region should be designed taking into account the urban planning decisions adopted in the General Plan of the Moscow Region, documents on urban planning for the development of the territory of the Moscow agglomeration and 2nd order agglomerations, and other urban planning documents at the regional and district levels.

4.9. The general need for territory for the development of urban and rural settlements, including reserve territories, is determined by master plans of settlements, as well as documentation on higher-level urban planning.

The procedure for land allocation for the development of urban and rural settlements, including agricultural lands, is determined by the urban planning and land legislation of the Russian Federation, as well as regulatory legal acts Moscow region.

4.10. Planning organization and zoning of territories of urban and rural settlements should be based on:

Comprehensive assessment of existing territorial, water, labor, energy and recreational resources;

Assessment of the ecological state of the environment and forecasts of its changes;

Analysis of trends in the development of the economic base, changes in the socio-demographic situation and development of the service sector, taking into account inter-settlement connections;

Identification of priority and promising social, economic and environmental problems.

In this case, it is necessary to take into account:

Stabilization of urban growth in the Moscow agglomeration system, as a rule, within established boundaries;

Opportunities for the development of cities in the external zone of the Moscow region (in zones of influence of 2nd order agglomerations) in the presence of territorial and other resources, as well as the implementation of environmental measures;

A general orientation towards increasing the intensity of use of urban areas, including through the reconstruction and reorganization of existing buildings;

Development of the land and housing market, real possibilities of city budgets, the possibility of attracting non-state investments for settlement development programs.

4.11. When planning urban and rural settlements, it is necessary to provide for zoning of their territory with the establishment of regulations for use, as well as the allocation of zones of special urban planning and special regulation (in accordance with clause 4.7 of these TSN).

The following are established as the main territorial zones for primary functional use:

Residential areas;

Public and business zones;

Mixed zones;

Production areas;

Zones of transport and engineering structures;

Recreational areas;

Agricultural use zones;

Zones special purpose;

Military installation zones;

Other restricted areas.

In territorial zones, subzones may be distinguished, the specific use of the territory of which is determined by urban planning regulations, taking into account the restrictions established by the land legislation of the Russian Federation, the legislation of the Russian Federation on environmental protection, the legislation of the Russian Federation on the protection of historical and cultural monuments and other legislation of the Russian Federation.

Taking into account the peculiarities of the urban planning situation in the Moscow region, it is allowed to establish other territorial zones and subzones in conjunction with the urban planning cadastre of the region and the cadastres of municipalities, subject to sanitary, hygienic, environmental, fire and other requirements. The list of cadastral numbers of cities and districts of the Moscow region is given in reference Appendix D.

The boundaries of territorial zones are established on the basis of urban planning documentation, taking into account red lines, natural boundaries of natural objects, boundaries of land plots and other boundaries.

Note. Residential, public, business and mixed zones form the residential areas of cities and other settlements.

4.12. The composition of territorial zones and subzones, as well as the features of the use of their land plots, are determined by legal urban planning regulations, rules for the development of cities and other settlements in the Moscow region, taking into account the restrictions established by federal and regional regulatory legal acts, as well as these TSN.

Urban planning zoning regulations are established as part of urban planning documentation, in zoning schemes with code designation each zone and subzone. These regulations may include instructions and restrictions on the types of functional use of the territory, on the density and height of development, on the size and ratio of open (undeveloped) areas, including those with green surfaces, etc., taking into account the requirements of these TSN.

Territorial zones (subzones) are divided into areas with a specific intended use of the territory. The regulations established for the zone also apply to individual areas, taking into account the requirements of these TSN.

The main territorial zones may include sections of public areas - local streets, roads, driveways, squares, gardens, boulevards, reservoirs, etc., intended to satisfy the public interests of the population and classified under the land legislation of the Russian Federation as public lands.

When drawing up a balance of existing and project use of the territory of settlements, it is necessary to accept the zoning established in clause 4.11 of these TSN, indicating the categories of land in accordance with the land legislation of the Russian Federation. As part of the balance of the existing use of land in settlements, it is necessary to allocate lands of state property (federal and regional significance), municipal property, private and other property in accordance with the data of urban planning and land cadastres.

The form of balance of the territory of a populated area is given in the recommended Appendix E.

4.13. Restrictions on the use of territories for urban planning activities are established in the following zones:

Protection of historical and cultural monuments, historical and cultural complexes and objects, protected areas;

Specially protected natural areas, including sanitary (mountain sanitary) protection districts;

Water protection and coastal protective strips, sanitary protection of Moscow water supply sources;

Mineral deposits;

Territories exposed to natural and man-made emergencies;

Environmental emergencies and environmental disasters;

Others established by regulatory legal acts of the Russian Federation and the Moscow region, as well as urban planning documentation on planning the territory of the Moscow region.

Regimes of urban planning activities in zones of special urban planning regulation apply to the entire territory within these zones and can be differentiated taking into account the regulatory requirements for individual functional territorial zones and objects. The identification of zones of special urban planning regulation is carried out on the basis of urban planning documentation and special pre-design studies and studies.

4.14. The boundaries of territorial zones, zones of special and special urban planning regulation are established by urban planning documentation on the planning of settlements and are mandatory when developing project documentation on the development of settlements.

For the road network of settlements, red lines, separating these territories from areas of other territorial zones. The placement of buildings and structures within the red lines on sections of the road network is not permitted.

For communications and structures of external transport (railway, waterway, air, pipeline), the boundaries of right of way are established in accordance with current regulations and these TSN. The modes of use of territories within the right of way must ensure the safe functioning of transport communications and facilities.

For territories subject to development, urban development documentation may establish building control lines, determining the placement of buildings and structures indented from red lines or other boundaries of transport and engineering infrastructure, boundaries of adjacent territorial zones, as well as boundaries of intra-block areas.

4.15. The planning structural division of the territory of urban and rural settlements should provide for:

The relationship between territorial zones and structural planning elements (districts, microdistricts, blocks, sections of individual buildings and structures);

Accessibility of all parts and elements within standard time limits, including unhindered access for people with disabilities and other low-mobility groups to social, transport and engineering infrastructure facilities in accordance with the requirements of VSN 62-91;

Effective use of settlement territory depending on its urban planning value, permissible building density, size land plots;

Organization of a system of public centers in conjunction with transport and communication hubs and urban planning decisions determined by the location of settlements in the settlement system;

Formation of a natural complex of settlements as part of the system of suburban green zones in Moscow and the cities of the Moscow region, taking into account the characteristics of the corresponding zones and districts of the Moscow region.

In public transport hubs of large cities located on main highways, it is necessary to provide transport interchanges at different levels with the integrated use of underground, above-ground and above-ground spaces.

4.16. The planning organization of the territory of a rural settlement must be provided in conjunction with the functional zoning and planning organization of the territory of the rural district, providing mainly for the reconstruction of the existing buildings.

At the same time, it is necessary to ensure the coordination of the economic and social interests of all land users, their cooperation in the development and improvement of the infrastructure of the projected territory; protection and improvement of the natural environment while maximally preserving the features of the rural landscape; development of a system of cultural and public services, road transport network, as well as engineering support.

The placement of all types of construction in agricultural zones should be carried out in accordance with the approved master plans of rural districts and settlements, land management schemes of the Moscow region and districts, projects of on-farm land management of agricultural organizations, subject to the regimes of special and special urban planning regulation of the use of territory established at the regional and local levels .

RESERVE TERRITORIES

4.17. Reserve territories must be provided for the long-term development of cities in the Moscow region in accordance with the “Regulations on the procedure for establishing the boundaries of reserve territories of cities of regional and district subordination”, approved by the decision of the Small Council of the Moscow Regional Council dated 06.10.93 No. 7/60, “Regulations on the procedure for establishing and changing boundaries municipalities", approved by the decision of the governor of the Moscow region 04.12.97 No. 298-PG, and other regulatory legal acts of the Russian Federation and the Moscow region.

The need for reserve territories is determined for a period of up to 20 years, taking into account the prospects for the development of cities, determined by urban planning documentation at the regional level (Master Plan of the region, master plans of the Moscow agglomeration and 2nd order agglomerations), as well as special feasibility studies (TES) to establish boundaries of reserve territories, carried out before the development or adjustment of the city master plan.

After approval of the draft boundaries of reserve territories, these territories acquire the status of territories with a special land use regime.

Reserve territories are not allowed to be built up with permanent buildings and structures until they are used for their intended purpose in accordance with the master plan.

The inclusion of lands in reserve territories does not entail a change in the form of ownership of these lands until they are gradually withdrawn on the basis of a master plan for the purpose of development different kinds urban construction in the interests of city residents.

4.18. For rural settlements, the allocation of reserve territories should be provided taking into account the prospects for the development of new low-rise construction, the placement of land plots for the development of personal subsidiary plots, vegetable gardening and horticulture, the creation of buffer zones for grazing livestock, the placement of cemetery plots, cattle burial grounds, taking into account their possible expansion.

SUBURBAN GREEN AREAS

4.19. Suburban green zones of Moscow and cities of the Moscow region are formed on the basis of Decree of the Government of the Russian Federation of June 16, 1997 No. 727 “On the creation and development of suburban green zones of Moscow and cities of the Moscow region” as an integral continuous system of territories of the Moscow region outside the boundaries of urban planning territories, including territories of various functional uses that perform environmental, environmental, sanitary protection and recreational functions.

When forming suburban green zones, one should be guided by the “Regulations on suburban green zones of Moscow and the cities of the Moscow region”, approved by the Government of the Moscow region. Government of Moscow 05/18/99 No. 439-40 and the Law of the Moscow Region “On the organization and functional zoning of the territory of the Moscow Region”.

4.20. Suburban green zones of Moscow and cities of the Moscow region belong to zones of special regulation of urban planning activities. The boundaries of suburban green zones, as well as the specially protected areas included in them, are determined planning project for suburban green areas Moscow and cities of the Moscow region.

The following are subject to special urban planning regulation in the territory of suburban green zones:

Lands of the forest fund of the Russian Federation, as well as areas of the forest fund provided to citizens and legal entities, including agricultural enterprises, on the basis of use rights: lease, gratuitous use and short-term use;

Part of the lands of the water fund occupied by reservoirs, swamps, lands allocated for allotment strips (along the banks) of reservoirs, used to meet the drinking and health needs of the population, environmental state and public needs, as well as all water bodies outside urban planning zones;

Lands for natural reserve, environmental, recreational, health purposes;

Agricultural land;

Rural settlements that have preserved the historical settlement system, including numerous historical and cultural monuments;

Lands of historical and cultural significance outside urban settlements;

Lands of industry, transport, communications, radio broadcasting, television, computer science and space support, defense and other purposes, containing areas of forests included and not included in the forest fund, as well as reservoirs, watercourses, areas of trees and shrubs;

State reserve lands.

4.21. The modes of use of the territory of the suburban green zone are determined taking into account its urban zoning and planning organization, including the following main zones and territories that form the natural complex of the Moscow region:

Green zone forests, i.e. almost all forest areas of the Moscow region;

Suburban and intercity parks;

Forest parks;

Nature conservation areas;

Territories of historical and architectural monuments and their protected zones;

Recreational areas;

Reserves;

Wildlife sanctuaries;

Areas of low-rise construction;

Zones for the protection of valuable landscapes;

Water protection zones and sanitary protection zones of drinking water supply sources;

Valuable historical rural settlement systems;

Agricultural grounds.

4.22. When determining the regimes of economic, urban planning and environmental activities in the territory of suburban green zones, it is necessary to take into account zones of special and special regulation of objects that are not located within the boundaries of suburban green zones, but have an impact on the use of their territories.

The most stringent regimes for the use of suburban green zones should be ensured in areas at the “junction” of urbanized and green zones.

Depending on the assessment of the situation in some areas of the suburban green zone, reservation of sites for further development and construction of urban infrastructure, including low-rise construction and gardening, should not be provided.

When developing urban settlements in the Moscow agglomeration and defining reserve territories, the use of suburban green zones is not allowed.

In order to develop the settlement system of the Moscow region, comprehensive territorial development of urban and rural settlements and their reserve territories, as well as ensuring socially guaranteed quality of the urban environment, rational development of engineering and transport infrastructure, preservation and revival of urban planning, architectural, historical and cultural heritage, natural complex cities and suburban green areas and improving the ecological state of the environment in urban and rural settlements and in accordance with the Decree of the Government of the Moscow Region dated April 13, 1998 N 38/11 “On approval of the Procedure for carrying out work on the preparation, approval, registration, publication and dissemination of territorial building codes in Moscow region":

1. Approve TSN PZP-99 MO “Planning and development of urban and rural settlements” (appendix).

2. Administrations of municipalities of the Moscow region, organizations, individuals carrying out the design, construction (reconstruction) of buildings and structures, control and supervision bodies, as well as organizations carrying out examination of projects, acceptance of completed construction facilities, be guided by the specified TSN.

3. Department of Engineering and Scientific and Technical Programs (Zakharov I.B.) together with the Head of Architecture of the Moscow Region (Frolov A.E.), LEU of the Moscow Region (Mandel L.D.), State Institution of the State Architecture and Construction Supervision of the Moscow Region (Chernov N.V. ) organize training seminars on TSN PZP-99 MO for specialists from organizations and enterprises involved in the development of urban planning and design documentation in the Moscow region.

4. I reserve control over the implementation of this order.

Minister A.I. Petrakov

MOSCOW REGION

TERRITORIAL BUILDING STANDARDS

PLANNING AND DEVELOPMENT OF URBAN AND RURAL SETTLEMENTS

TSN PZP-99 MO

Developed by:

State Unitary Enterprise Research and Design Institute of Urban Planning of the Head of Architecture of the Moscow Region Administration (Lyubimov V.M., Klimova S.P., Kadyshev G.I., Obukhova V.N., Gorshkova O.P., Kashtanova T.A., Muravyova G.N., Danilychev I.A., Chistov V.I., Gladuntsov A.I., Baranskaya E.Yu.) with the participation of the Main Department of Architecture and Urban Planning (Novoselov Yu.A.), TsNIIP of Urban Planning of the RAASN (Davidenko P.N.), MosgiproNIISelstroy (Ulyakhina L.F., Suminov A.A.).

This document cannot be reproduced in whole or in part and distributed as an official publication without the permission of the Ministry of Regional Construction.

Introduction

These norms and rules have been developed in accordance with the legislation of the Russian Federation and the Moscow region, are included in the system of regulatory documents determined by the State Construction Committee of Russia, and are territorial building standards for urban planning for the Moscow region.

Territorial construction standards (TCN) specify and develop the main provisions of the current federal standards and are aimed at implementing the Master Plan for the Development of the Moscow Region until 2010 and the Concept for the Development of the Moscow Region for 1996-2005.

1 area of ​​use

1.1. These norms and rules apply to the planning, development and reconstruction of the territories of urban and rural settlements of the Moscow region within their boundaries, as well as reserve territories located outside the boundaries of the settlement.

1.2. These norms and rules define mandatory requirements for urban development objects and are used in the development, examination and implementation of urban planning documentation on planning the development of territories and the construction of urban and rural settlements in the Moscow region, and are also used for decision-making by state authorities and local self-government, control and supervision bodies , law enforcement agencies on issues determined by the legislation of the Russian Federation and the legislation of the Moscow region.

1.3. The application of these norms and rules must be ensured by urban planning means:

– sustainable development of urban and rural settlements of the Moscow region, taking into account the characteristics of settlement and the formation of the Moscow agglomeration and 2nd order agglomerations;

– rational use of natural resources of the Moscow region, preservation of the natural complex of cities and their suburban green areas, improvement of the ecological condition of settlements and territories, as well as the preservation and revival of architectural, historical and cultural heritage;

– creating conditions for the implementation of social guarantees for citizens, including people with limited mobility and people with disabilities, as defined by the legislation of the Russian Federation and the Moscow Region, in terms of providing social and cultural services, engineering and transport infrastructure and improvement of settlements in the Moscow Region;

– increasing the efficiency of urban planning use of settlement territories on the basis of rational zoning, planning organization and development while ensuring regulatory requirements for the intensity of use of the territory of different functional zones.

2. Definitions

The main terms and definitions used in these rules and regulations are given in reference Appendix A.

3.1. These rules and regulations have been developed taking into account the requirements of legislative, regulatory documents and standards of the Russian Federation and regulatory legal acts of the Moscow region, the list of which is given in reference Appendix B.

4. Development concept and general organization territories of urban and rural settlements of the Moscow region

Spatial organization of the territory of the Moscow region

4.1. The spatial organization of the territory of the Moscow Region is carried out in accordance with the Urban Planning Code of the Russian Federation and the Law of the Moscow Region "On the organization and functional zoning of the territory of the Moscow Region", on the basis of the General Plan of the Moscow Region, other urban planning documentation on planning the territory of the Moscow Region in connection with the development of Moscow.

When planning and developing settlements in the Moscow region, it is necessary to take into account:

– the status of the Moscow region, which together with the capital of the Russian Federation, Moscow, forms the capital region of Russia, the most urbanized and concentrating significant scientific, industrial, socio-economic and historical and cultural potential of the country, a developed system of external transport links and a unique natural complex;

– features of settlement, administrative-territorial organization and zoning of the territory of the Moscow region with the allocation of urban (urbanized) near-highway territories with a high level of socio-economic development and natural (inter-highway) territories, mainly occupied by forests and forest parks, conservation lands, nature reserves, recreational and historical and cultural purposes, as well as agricultural lands, reservoirs and other open spaces;

– the formation of urban and rural settlements within the Moscow agglomeration and 2nd order agglomerations and the development of labor, cultural and social ties with Moscow and within 2nd order agglomerations;

– identification of territorial objects of special urban planning and special regulation, taking into account the general spatial organization of the territory of the Moscow region, regardless of the boundaries of administrative-territorial entities.

4.2. Urban planning decisions and regulations adopted at the regional level are mandatory when carrying out urban planning activities at the level of individual districts of the region and municipalities. In turn, all provisions regulating urban planning at the district level are mandatory for its constituent municipalities, as well as settlements that are not municipalities.

The interests of municipalities and individual settlements that are not municipalities are taken into account when developing urban planning documentation on planning at the district and regional level in the manner established by the legislation of the Moscow Region.

Settlements that do not have the status of a municipal entity: cities, workers' settlements, departmental settlements at industrial enterprises, station settlements, are objects of urban planning within the established boundaries of land use of a given settlement with the identification of the necessary reserve territories, as well as the boundaries and regime of use of suburban green areas.

The Moscow agglomeration is an integral complex multi-ray urbanized system, consisting of territorially merged or contiguous cities and other settlements formed around the center of the system - the city of Moscow on radial main transport directions approaching Moscow.

4.3. The boundaries of the Moscow agglomeration are determined during the development of urban planning documentation for the Moscow region as a whole and for its central most urbanized areas, taking into account regular labor, cultural and social connections with Moscow - the center of the agglomeration within 1.5-2 hours of transport accessibility.

At the same time, it is necessary to ensure the adoption of interconnected and coordinated urban planning decisions on the territorial development of the Moscow agglomeration, the formation of transport systems, engineering infrastructure, the placement of public utility facilities serving the general needs of Moscow and the Moscow region, the formation of systems of specially protected natural areas, the protection of the territories of Moscow and settlements of the Moscow agglomeration from adverse technogenic influences.

The priorities of urban development of the Moscow agglomeration are determined taking into account the mutual interests of the population of the two constituent entities of the Russian Federation, as well as in order to ensure conditions for Moscow to carry out the functions of a capital city, to ensure the state interests of the Moscow region in the development of Moscow as the historical center of the Moscow region.

4.4. Second-order agglomerations are urbanized territories that unite territorially merged or contiguous cities and other settlements, characterized by intensive inter-settlement labor, cultural, social and recreational connections within 1-1.5 hours of transport accessibility.

2nd order agglomerations are formed as integral structural parts of the Moscow agglomeration on radial transport directions and in the external zone of the Moscow region.

The boundaries of 2nd order agglomerations are determined when developing urban planning documentation on the planning of the Moscow region as a whole and the Moscow agglomeration, as well as when developing urban plans for individual 2nd order agglomerations.

The identification of 2nd order agglomerations as objects of special urban planning regulation provides for the comprehensive development of territories and settlements included in the agglomeration, rational use of resources, and improvement of the living environment of the population within the boundaries of the entire system.

Regulations and urban planning decisions determined at the level of 2nd order agglomerations are mandatory when planning and developing cities and other settlements that are part of them.

The list and characteristics of 2nd order agglomerations are given in reference Appendix B.

Typology of urban and rural settlements of the Moscow region

4.5. When determining the prospects for the development and planning of cities and other settlements, it is necessary to take into account:

– population size for the forecast period;

– location of the settlement in the settlement system of the Moscow region (local location or as part of an agglomeration);

– production specialization and the role of the city in the system of service centers being formed (local, district and interdistrict levels);

– historical and cultural significance of the city (historical city of republican significance, city (settlement) with historical and cultural heritage).

4.6. Urban and rural settlements of the Moscow region, depending on the projected population size for the forecast period, are divided into groups in accordance with Table. 1.

Table 1

┌────────────────────┬────────────────── ─────────┐ │Groups of cities │Population, thousand people │ │and rural settlements├──────────────┬────────────┤ │ │Cities │Rural │ │ │ │settlements │ ├────────────────────┼───────────── ─┼───────── ───┤ │Large │St. 100 to 250│sv. 1 to 5 │ ├────────────────────┼──────────────┼ ───────── ───┤ │Medium │St. 50 to 100 │st. 0.2 to 1│ ├────────────────────┼────────────── ┼─────── ─────┤ │Small<*>│up to 50 │up to 0.2 │ └────────────────────┴─────────── ───┴──── ────────┘

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<*>The group of small cities includes urban-type settlements.

4.7. Objects of special regulation of urban planning activities in the Moscow region include:

– historical settlements (22 historical cities of republican significance), as well as settlements on the territory of which there are historical and cultural monuments (27 cities) (see Appendix D);

– urban settlements with a special regime of life (military camps and other closed administrative-territorial entities, settlements in state nature reserves, national and natural parks);

– other territorial objects that require special urban planning regulation (specially protected natural areas; territories of free economic zones; territories of zones of environmental emergencies; resort areas; zones of sanitary protection of drinking water supply sources; water protection zones of rivers and reservoirs).

General organization and zoning of territories of urban and rural settlements

4.8. Urban and rural settlements of the Moscow region should be designed taking into account the urban planning decisions adopted in the General Plan of the Moscow Region, documents on urban planning of the Moscow agglomeration and 2nd order agglomerations, and other urban planning documents at the regional and district levels.

4.9. The general need for territory for the development of urban and rural settlements, including reserve territories, is determined by master plans of settlements, as well as documentation on higher-level urban planning.

The procedure for land allocation for the development of urban and rural settlements, including agricultural land, is determined by the urban planning and land legislation of the Russian Federation, as well as legal acts of the Moscow Region.

4.10. Planning organization and zoning of territories of urban and rural settlements should be based on:

– a comprehensive assessment of existing territorial, water, labor, energy and recreational resources;

– assessment of the ecological state of the environment and forecasts of its changes;

– analysis of trends in the development of the economic base, changes in the socio-demographic situation and development of the service sector, taking into account inter-settlement connections;

– identifying priority and promising social, economic and environmental problems.

In this case, it is necessary to take into account:

– stabilization of urban growth in the Moscow agglomeration system, as a rule, within established boundaries;

– opportunities for the development of cities in the external zone of the Moscow region (in zones of influence of 2nd order agglomerations) in the presence of territorial and other resources, as well as the implementation of environmental measures;

– a general orientation towards increasing the intensity of use of urban areas, including through the reconstruction and reorganization of existing buildings;

– development of the land and housing market, real opportunities for city budgets, the possibility of attracting non-state investments for settlement development programs.

4.11. When planning urban and rural settlements, it is necessary to provide for zoning of their territory with the establishment of regulations for use, as well as the allocation of zones of special urban planning and special regulation (taking into account the requirements of clause 4.7 of these rules and regulations).

The following are established as the main territorial zones for primary functional use:

– residential areas;

– public and business zones;

– mixed zones;

– production areas;

– zones of transport and engineering structures;

– recreational areas;

– zones of agricultural use;

– special purpose zones;

– zones of military facilities;

– other restricted areas.

In territorial zones, subzones may be distinguished, the specific use of the territory of which is determined by urban planning regulations, taking into account the restrictions on their use established by the land legislation of the Russian Federation, the legislation of the Russian Federation on environmental protection, the legislation of the Russian Federation on the protection of historical and cultural monuments and other legislation of the Russian Federation.

Taking into account the peculiarities of the urban planning situation in the Moscow region, it is allowed to establish other territorial zones and subzones in conjunction with the urban planning cadastre of the region and cadastres of settlements, subject to sanitary, hygienic, environmental, fire and other requirements. The list of cadastral numbers of cities and districts of the Moscow region is given in reference Appendix D.

The boundaries of territorial zones are established on the basis of urban planning documentation, taking into account red lines, natural boundaries of natural objects, boundaries of land plots and other boundaries.

Note. Residential, public, business and mixed zones form the residential areas of cities and other settlements.

4.12. The composition of territorial zones and subzones, as well as the features of the use of their land plots, are determined by legal urban planning regulations, rules for the development of cities and other settlements in the Moscow region, taking into account the restrictions established by federal and regional regulations, as well as these norms and rules.

Urban planning zoning regulations are established as part of urban planning documentation, in zoning schemes with a code designation for each zone and subzone. These regulations may include instructions and restrictions on the types of functional use of the territory, on the density and height of development, on the size and ratio of open (undeveloped) areas, incl. having green surfaces, etc., taking into account the requirements of these norms and rules.

Territorial zones (subzones) are divided into areas with a specific intended use of the territory. The general regulations established for the zone also apply to individual areas, taking into account the requirements of these rules and regulations.

The main territorial zones may include sections of public areas intended to satisfy public interests - local streets, roads, driveways, squares, gardens, boulevards, reservoirs, etc., intended to satisfy the public interests of the population and classified according to the land legislation of the Russian Federation to public lands.

When drawing up a balance of existing and project use of the territory of settlements, it is necessary to accept the zoning established in clause 4.11 of these rules and regulations, indicating the categories of land in accordance with the land legislation of the Russian Federation. As part of the balance of the existing use of land in settlements, it is necessary to allocate lands of state property (federal and regional significance), municipal property, private and other property in accordance with the data of urban planning and land cadastres.

4.13. Restrictions on the use of territorial zones and subzones of settlements are also established taking into account the allocation of zones of special and special urban planning regulation:

– zones for the protection of historical and cultural monuments, historical and cultural complexes and objects, protected areas;

– zones of specially protected natural areas, including sanitary (mountain sanitary) protection districts;

– water protection zones and coastal protective strips;

– zones of mineral deposits;

– territories exposed to natural and man-made emergencies;

– zones of environmental emergencies and environmental disasters;

– other zones established by regulations of the Russian Federation and the Moscow Region, as well as urban planning documentation on the planning of the territory of the Moscow Region.

Regimes of urban planning activities in zones of special urban planning regulation apply to the entire territory within these zones and can be differentiated taking into account the regulatory requirements for individual functional territorial zones and objects. The identification of zones of special urban planning regulation is carried out on the basis of urban planning documentation and special pre-design studies and studies.

4.14. The boundaries of territorial zones, zones of special and special urban planning regulation are established by urban planning documentation on the planning of settlements and are mandatory when developing project documentation on the development of settlements.

For the road network of settlements, red lines are established separating these territories from sections of other territorial zones. The placement of buildings and structures outside the red lines on sections of the road network is not permitted.

For communications and structures of external transport (railway, waterway, air, pipeline), the boundaries of right of way are established in accordance with current regulations and these standards. The modes of use of territories within the right of way must ensure the safe functioning of transport communications and facilities.

For territories subject to development, urban planning documentation for development may establish development control lines that determine the placement of buildings and structures indented from red lines or other boundaries of transport and engineering infrastructure, boundaries of adjacent territorial zones, as well as boundaries of intra-block areas.

4.15. The planning structural division of the territory of urban and rural settlements should provide for:

– the relationship between territorial zones and structural planning elements (districts, microdistricts, blocks, sections of individual buildings and structures);

– accessibility of all parts and elements within standard time costs, including unhindered access for people with disabilities and other low-mobility groups to social, transport and engineering infrastructure facilities in accordance with the requirements of VSN-62-91;

– effective use of settlement territories depending on its urban planning value, permissible building density, and size of land plots;

– organization of a system of public centers in conjunction with transport and communication hubs and urban planning decisions determined by the location of settlements in the settlement system;

– the formation of a natural complex of settlements as part of the system of suburban green zones in Moscow and the cities of the Moscow region, taking into account the characteristics of the corresponding zones and districts of the Moscow region.

In public transport hubs of large cities located on main highways, it is necessary to provide transport interchanges at different levels with the integrated use of underground, above-ground and above-ground space.

4.16. The planning organization of the territory of a rural settlement must be provided in conjunction with the functional zoning and planning organization of the territory of the rural district, providing mainly for the reconstruction of the existing buildings.

At the same time, it is necessary to ensure: the coordination of the economic and social interests of all land users, their cooperation in the development and improvement of the infrastructure of the projected territory; protection and improvement of the natural environment while maximally preserving the features of the rural landscape; development of a system of cultural and public services, road transport network, as well as engineering support.

The placement of all types of construction in agricultural zones should be carried out in accordance with the approved master plans of rural districts and settlements, land management schemes of the Moscow region and districts, projects of on-farm land management of agricultural organizations, subject to the regimes of special and special urban planning regulation of the use of territory established at the regional and local levels .

Reserve territories

4.17. Reserve territories must be provided for the long-term development of cities in the Moscow region in accordance with the Regulations on the procedure for establishing the boundaries of reserve territories of cities of regional and district subordination, approved by the Small Council of the Moscow Regional Council.

The need for reserve territories is determined for a period of up to 20 years, taking into account the prospects for the development of cities, determined by urban planning documentation at the regional level (General Plan of the region, master plans of the Moscow agglomeration and 2nd order agglomerations), as well as special feasibility studies (TES) to establish boundaries of reserve territories, carried out before the development or adjustment of the city master plan.

After approval of the draft boundaries of reserve territories, these territories acquire the status of territories with a special land use regime.

Reserve territories are not allowed to be built up with permanent buildings and structures until they are used for their intended purpose in accordance with the master plan.

The inclusion of lands in reserve territories does not entail a change in the form of ownership of these lands until they are gradually withdrawn on the basis of a master plan for the purpose of development for various types of urban construction in the interests of city residents.

4.18. For rural settlements, the allocation of reserve territories should be provided taking into account the prospects for the development of new low-rise construction, the placement of land plots for the development of personal subsidiary plots, vegetable gardening and horticulture, the creation of buffer zones for grazing livestock, the placement of cemetery plots, cattle burial grounds, taking into account their possible expansion.

Suburban green areas

4.19. Suburban green zones of Moscow and cities of the Moscow region are formed on the basis of Decree of the Government of the Russian Federation dated June 16, 1997 N 727 "On the creation and development of suburban green zones of Moscow and cities of the Moscow region" as an integral continuous system of territories of the Moscow region outside boundaries of urban planning territories, including territories of various functional uses that perform environmental, environmental, sanitary protection and recreational functions.

When forming suburban green zones, one should be guided by the Regulations on suburban green zones of Moscow and the cities of the Moscow region and the Law of the Moscow region “On the organization and functional zoning of the territory of the Moscow region”.

4.20. Suburban green zones of Moscow and cities of the Moscow region belong to zones of special regulation of urban planning activities. The boundaries of suburban green zones, as well as the specially protected areas included in them, are determined by the planning project for suburban green zones of Moscow and the cities of the Moscow region.

The following are subject to special urban planning regulation in the territory of suburban green zones:

– lands of the forest fund of the Russian Federation, as well as areas of the forest fund provided to citizens and legal entities, including agricultural enterprises, on the basis of use rights: lease, gratuitous use and short-term use;

– part of the lands of the water fund occupied by reservoirs, swamps, lands allocated for allotment strips (along the banks) of reservoirs, used to meet the drinking and health needs of the population, environmental state and public needs, as well as all water bodies outside urban planning zones;

– lands of natural reserve, environmental protection, recreational, health purposes;

– agricultural land;

– rural settlements that have preserved the historical settlement system, including numerous historical and cultural monuments;

– lands of historical and cultural significance outside urban settlements;

– lands of industry, transport, communications, radio broadcasting, television, computer science and space support, defense and other purposes, containing areas of forests included and not included in the forest fund, as well as reservoirs, watercourses, areas of trees and shrubs;

- state reserve lands.

4.21. The modes of use of the territory of the suburban green zone are determined taking into account its urban zoning and planning organization, including the following main zones and territories that form the natural complex of the Moscow region:

– green zone forests, i.e. almost all forest areas of the Moscow region;

– suburban and intercity parks;

– forest parks;

– environmental areas;

– territories of historical and architectural monuments and their protection zones;

– recreational areas;

– nature reserves;

– nature reserves;

– areas for low-rise construction;

– zones for the protection of valuable landscapes;

– water protection zones and sanitary protection zones of drinking water supply sources;

– valuable historical rural settlement systems;

- agricultural grounds.

4.22. When determining the regimes of economic, urban planning and environmental activities in the territory of suburban green zones, it is necessary to take into account zones of special and special regulation of objects that are not located within the boundaries of suburban green zones, but have an impact on the use of their territories.

The most stringent regimes for the use of suburban green zones should be ensured in areas at the “junction” of urbanized and green zones.

Depending on the assessment of the situation in a number of areas of the suburban green zone, reservation of sites for further development and construction of urban infrastructure, including low-rise construction and gardening, should not be provided.

When developing urban settlements in the Moscow agglomeration and defining reserve territories, the use of suburban green zones is not allowed.

5. Residential areas

General requirements

5.1. Residential areas are designed to organize a healthy, comfortable and safe living environment for the population that meets their social, cultural, everyday and other needs.

When forming residential zones, it is necessary to provide for the primary placement of residential buildings different types(multi-apartment multi-storey, medium and low-rise; blocked with apartment plots; estate); objects of social and cultural services for the population; garages and parking lots for passenger cars owned by citizens; places of worship, as well as children's and sports grounds, utility areas, and green spaces.

It is allowed to place individual public, business and municipal facilities with a site area of ​​no more than 0.5 hectares, as well as mini-production facilities, subject to current sanitary rules and regulations.

Residential zones should include territories of garden and dacha development located within the boundaries of settlements, when equipping residential buildings for permanent residence of the population.

5.2. To determine the size of the territories of residential zones, it is allowed to take aggregated indicators per 1000 people: in cities - with an average number of residential buildings up to 3 floors - 10 hectares for development without land plots and 20 hectares - with land plots; from 4 to 8 floors – 8 hectares; 9 floors and above – 7 hectares; V rural settlements with predominantly estate development – ​​40 hectares.

The need for housing stock and its structure should be determined based on an analysis of actual and forecast data on the family composition of the population, its income levels, existing and future housing supply, based on the need to provide each family with a separate apartment. For municipal housing stock, a social standard for housing area is established.

To determine the volume and structure of housing construction, it is allowed to take an average supply of housing stock of 30 square meters. m total area for 1 person, incl. in municipal multi-storey housing stock - 20 sq. m/person

When determining the relationship and typology of new housing construction, it is also necessary to take into account the specific conditions of city development, the availability of territorial resources, the existing construction base, urban planning and historical and architectural features.

Typology and structural and functional organization of residential development

5.3. The elements of the planning organization of residential areas are:

– block – an area, as a rule, from 1-1.5 hectares to 5 hectares, limited by streets, roads, pedestrian alleys, natural boundaries and includes, along with residential buildings, built-in or free-standing cultural, social and service facilities; in historical zones of cities, as well as in small towns and villages, the block is the main element of the organization of residential development;

– microdistrict – is formed mainly in vacant territories with an area of ​​up to 30-40 hectares in medium and large cities in connection with the planning structure of the city while ensuring that the development and architectural and spatial solutions used are consistent with the established part of the city.

A microdistrict can have a single structure or be formed from residential groups that are consistent with the elements of the existing planning organization of the existing part of the city; the block and microdistrict are divided into land use areas in accordance with the territory survey plan;

– residential area – formed as a group of blocks or microdistricts, as a rule, within the territory bounded by city highways, lines railways, natural boundaries. The area of ​​a residential area is usually from 80 to 120 hectares, but not more than 250 hectares.

In small towns and villages, the entire residential area can be formed as a single residential area. If the territories of small towns and villages are divided by natural or artificial boundaries, the territory of the residential zone can be divided into areas of up to 30-50 hectares.

When a residential development is located in a complex with public center facilities or on areas limited in area, the residential development is formed in the form of separate residential groups.

5.4. When designing residential development on the territory of residential areas, microdistricts, blocks, residential groups, the type of development is justified that meets the preferred conditions for the development of this territory, the regimes of urban planning activities imposed on its development by zones of special urban planning and special regulation, conditions for organizing construction, the presence of a construction base, landscapes, historical and architectural conditions and other requirements.

In cities, the main types of residential development are: multi-apartment multi-storey (5 or more floors); mid-rise apartment (2-4 floors); low-rise with plots for apartments, including blocked ones; estate

In specific urban planning conditions, especially during reconstruction, mixed types of development are allowed. The maximum permissible sizes of personal plots of land are established by local governments.

Boundaries, dimensions and mode of use of the territory of plots of multi-apartment residential buildings that are in common joint ownership of members of the partnership - owners of residential premises in apartment buildings(condominiums), are determined by urban planning documentation on development, taking into account the legislation of the Russian Federation and legal acts of the Moscow region.

The placement of buildings and structures for technical and auxiliary purposes (transformer and distribution substations, heating points, pumping stations, etc.) must be compact and not extend onto the building line of streets and highways. Access to groups of technical structures should be provided from intra-block driveways.

5.5. When reconstructing areas of existing residential development, a differentiated approach to choosing a reconstruction mode is necessary depending on the type of area (central historically established areas, areas of mass standard development of the 60-70s, established areas of individual estate development), the size of residential zones, taking into account the requirements given in recommended application J.

In areas with valuable historical buildings, a limited (restorative and gentle) reconstruction regime should be applied:

– in the “restoration” mode, repairs, modernization, and regeneration of fragments are provided; demolition, disruption of the stylistic unity of existing buildings, changes in the functional purpose of the territory, and changes in the nature of land use are not allowed;

– in the “gentle” reconstruction mode, selective demolition of individual existing buildings that are not of historical value is allowed for the subsequent construction of residential buildings and service facilities, reconstruction and modernization of existing buildings (redevelopment, addition of floors, attics, extension of sections), and comprehensive landscaping are provided.

If more than 50% of the existing buildings are demolished, the reconstruction is considered radical. Complete demolition of existing buildings with a high percentage of wear and tear while preserving green spaces is allowed.

5.6. The planning and development of residential areas in reserve territories must be provided depending on specific conditions in conjunction with adjacent development:

– city blocks and microdistricts – in the case of the location of reserve territories in areas bordering on existing urban development;

– rural and other settlements, as well as the nature of the landscape – when reserve territories are located outside the city (village) boundaries. As a rule, in this case low-rise estate buildings are located.

When locating reserve territories that directly develop the existing territory of the city, the type of development is determined taking into account the planned general structure of housing construction of the city or town, subject to architectural, planning, sanitary, hygienic and environmental requirements.

5.7. In the residential zone of a rural settlement, on the basis of functional and construction zoning, as a rule, areas of multi-apartment (mid-rise), blocked with apartment plots and estate development are allocated. The construction of multi-apartment residential buildings with a height of more than 4 floors in rural settlements is not allowed.

The predominant type of development in rural settlements is manor-type residential buildings (single-family and two-family semi-detached). The sizes of land plots are established taking into account the specific conditions of the rural settlement, but not more than the maximum permissible sizes, taking into account clause 5.4 of these standards. When determining the size and shape of household plots, the potential of the territory, the features of the existing development, the possibility of effective engineering support, and the development of personal subsidiary plots are taken into account.

For residents of multi-apartment residential buildings, as well as residents of estate developments, if there is a shortage of territory, additional plots may be provided for the placement of outbuildings, gardening and the development of personal subsidiary plots outside residential areas on land plots, which are not a reserve for housing construction, in compliance with environmental, sanitary, fire safety and veterinary requirements.

Residential development parameters

5.8. Distances between residential buildings, residential and public buildings should be taken in accordance with the urban planning standards of the Russian Federation based on calculations of insolation and illumination, taking into account fire safety requirements and household gaps, and for rural-type estate development - veterinary requirements.

At the same time, the distances between the long sides of sectional residential buildings with a height of 2-3 floors must be at least 15 m, and those with a height of 4 floors or more - at least 20 m, between the ends of the same buildings with windows from living rooms - at least 10 m. under reconstruction conditions and in other special urban planning conditions, these distances can be reduced subject to insolation and illumination standards.

5.9. The area of ​​the green area of ​​a block (microdistrict) of a multi-apartment residential development (excluding school sites and preschool institutions) should, as a rule, be at least 25% of the area of ​​the block.

The area of ​​individual sections of the green area includes areas for recreation, for children to play, and pedestrian paths, if they occupy no more than 30% of the total area of ​​the site.

5.10. The composition and number of sites located in blocks (microdistricts) of residential zones must be established in the design assignment, taking into account the demographic composition of the population, providing distances from the sites to the windows of residential and public buildings of at least m:

– for games for preschool and younger children school age – 12;

– for recreation of the adult population – 10;

– for physical education (depending on the noise characteristics<*>) – 10-40;

– for economic purposes – 20;

– for dog walking – 40.

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<*> Largest values accepted for hockey and football courts, the smallest for table tennis courts.

5.12. The building density of residential zones must be taken into account, taking into account the zoning of the territory established in urban planning documentation, based on an analysis of the differentiation of the territory according to urban planning value, type and number of floors of development, environmental conditions and other features of urban planning conditions.

The estimated population density of the microdistrict (gross) with multi-apartment complex development and an average housing supply of 20 square meters. m for 1 person should not exceed 450 people/ha.

5.13. In zones of environmental emergency and in zones of environmental disaster, defined in accordance with the Criteria for Assessing the Environmental Situation of Territories of the Russian Ministry of Natural Resources, it is not allowed to increase the existing density of residential development without taking the necessary measures to protect the environment.

Organization of low-rise development areas

5.14. Areas of low-rise individual construction should be provided in cities, their suburban areas and rural settlements on the basis of master plans or schemes for the placement of low-rise housing construction in connection with the general concept of urban development of the territory of the Moscow region and long-term settlement.

As a rule, the placement of new low-rise buildings should be carried out within the boundaries of urban and rural settlements or on their reserve territories, taking into account the possibility of engineering support for the sites and the organization of transport connections, including with the highways of the external network.

The placement of new low-rise development areas outside the boundaries of settlements and their reserve territories is permitted in exceptional cases only in the external zone of the Moscow Region, with the exception of specially protected natural areas.

5.15. The structural and functional organization of low-rise development areas must be determined depending on the size of the area being built and the placement conditions. The main types of residential formations are:

– residential area (village) – area over 50 hectares;

– residential complex (group of blocks) – up to 50 hectares, but not less than 10 hectares;

– block (group of plots) – up to 10 hectares.

5.16. Estimated housing supply indicators for low-rise individual buildings are not standardized.

Depending on the size of the plot, the total area of ​​the residential building, and the conditions for the location of the building, the parameters of the building density are established.

The mode of use of the territory of a personal plot for economic purposes is determined by the urban planning regulations of the city (village), taking into account the socio-demographic needs of families, lifestyle and professional activity, sanitary-hygienic and veterinary requirements. Keeping livestock and poultry on personal plots is permitted only in rural-type estate development areas with a personal plot size of at least 0.1 hectares.

5.17. In areas of estate and block residential development, all necessary institutions and service enterprises must be provided to satisfy the daily demand of the population. It is allowed to place mid-rise (sectional and interlocked) residential buildings to create a more compact and diverse residential environment in the areas where service centers are located, as well as to form a transitional scale if the estate development area borders on the multi-apartment multi-storey development area.

Mandatory service facilities and elements of low-rise development areas and complexes are: children's preschool institutions, secondary schools (primary classes), pharmacy kiosks, retail establishments, post offices, police stations, public areas (for sports, recreation, economic purposes), green areas, administrative control center, railway stations within the limits of regulated accessibility.

It is permissible to use missing service facilities in adjacent existing or planned community centers.

On the territory of low-rise development areas, it is allowed to place service facilities of regional and city significance, as well as places of employment, the placement of which is permitted in residential areas.

5.18. The share of public areas (public development areas, green spaces, streets and driveways) for residential areas (villages) of low-rise estate development must be at least 20% of the entire area of ​​the district; for residential complexes - at least 10%. Utility sites in homestead development zones, as a rule, are provided on personal plots (except for sites for garbage disposals, placed at the rate of 1 container per 10-15 houses, but no further than 100 m from the entrance to the house).

5.19. In areas of low-rise estate and garden-dacha development, the distance from the windows of living rooms to the walls of a neighboring house and outbuildings (barn, garage, bathhouse) located on adjacent land plots must be at least 6 m. The distance from the boundaries of the site must be at least : 3 m – to the wall of a residential building; 1 m – to outbuildings.

It is allowed to block residential buildings, as well as outbuildings on adjacent plots of land by mutual agreement of homeowners or on the basis of urban planning regulations for new construction, taking into account fire safety requirements.

5.20. In rural settlements and in urban areas, groups of sheds located within a residential area should contain no more than 30 blocks each. Sheds for livestock and poultry should be provided at a distance from the windows of the living premises of the house: single or double - at least 10 m, up to 8 blocks - at least 25 m, over 8 to 30 blocks - at least 50 m.

The building area of ​​semi-detached sheds should not exceed 800 square meters. m. The distances between groups of sheds should be taken in accordance with fire safety requirements.

The distance from barns for livestock and poultry to mine wells should be at least 20 m.

The dimensions of outbuildings located in rural settlements on personal plots and apartment plots should be taken in accordance with SNiP 2.08.01-89*. It is allowed to add a utility shed, garage, bathhouse, or greenhouse to a manor house in compliance with the requirements of SNiP 2.08.01-89*, sanitary and fire safety standards.

6. Public, business and mixed zones

General requirements

6.1. Public and business zones are allocated for the primary location of healthcare, cultural, trade, public catering, consumer services, commercial activities, higher and secondary specialized educational institutions, public, administrative, research institutions, places of worship, hotels and other buildings and structures.

The list of types of permitted use of real estate located in these zones may include multi-apartment residential buildings with service establishments, garages and parking lots, gas stations, as well as utility and industrial facilities, the placement of which is permitted in residential zones.

In historical cities, public and business zones may include historical and cultural monuments, subject to the requirements for their protection and rational use given in Section 15 of these rules and regulations.

6.2. Social and business zones should be formed as centers of business, financial and social activity in the central parts of cities, in areas adjacent to main streets, public transport hubs, industrial enterprises and other public facilities.

According to the type of development and the composition of the objects located, public and business zones of cities can be divided into multifunctional (citywide and district) zones, zones of specialized public development, mixed - industrial and residential and other zones.

Citywide and regional zones

6.3. In city-wide zones, trade and public catering enterprises, administrative institutions, cultural institutions and other objects of urban and regional significance are mainly located, including places of employment that do not require large plots of land, as well as residential buildings with the necessary service institutions.

As part of the central citywide zone, the core of the citywide center, the historical development zone, special established or emerging development morphotypes can be distinguished. Specific regulations are determined by urban planning documentation, urban planning regulations and local development rules. In particular, restrictions may be set on the number of storeys of buildings, permissible building density, the ratio of public and residential buildings, etc.

In small towns and rural settlements, as a rule, a single public center is formed.

6.4. In historical cities, the core of the city center may be formed in whole or in part within the historical development zone, provided that the integrity of the existing historical environment is ensured. At the same time, it is necessary to preserve, restore and develop residential buildings along with public historical buildings, ensuring the complexity of the functioning of the environment.

The type, number of floors and permissible density of residential buildings in historical areas are determined by local zoning and development rules or by a project based on historical and urban planning justifications that establish patterns, incl. morphological, development of a historical city, historical and cultural traditions, height restrictions, requirements and recommendations for the reconstruction of buildings.

6.5. District public and business zones are formed in the form of district service centers for the population. As a rule, in addition to public buildings, they house commercial housing, separate communal facilities, as well as garages and parking lots.

It is allowed to place individual service facilities of citywide importance, office and management buildings, and places of worship.

Mixed zones

6.6. Mixed zones are formed, as a rule, in the middle parts of established cities, in public transport hubs, combining a limited number of main functions (two or three) without identifying any leading one.

6.7. Industrial-residential zones are the most common and are formed from blocks of mixed (industrial and residential) development. Within these zones it is allowed to place: institutions of science and scientific services, educational institutions, small industrial enterprises and other objects with non-fire hazardous and non-explosive production processes that do not create noise, vibration, electromagnetic and ionizing radiation, pollution atmospheric air, surface and groundwater exceeding the standards established for residential and public development, which do not require the construction of sanitary protection zones of more than 50 m, access railway tracks, and also do not require a large flow trucks(no more than 50 cars per day in one direction). In these zones it is allowed to locate gas stations and garages, taking into account the requirements of SNiP 2.07.01-89*.

When reconstructing existing buildings in industrial and residential areas, if it is impossible to eliminate the harmful influence of the enterprise on environment it is necessary to provide for a reduction in capacity, re-profiling of an enterprise or individual production, or its relocation outside the industrial-residential zone to a production zone.

As an exception, it is allowed to locate entertainment industry enterprises, if there are no restrictions on their location only in the central zone (specific functions, enterprise capacity).

6.8. In small towns and villages in estate development areas, it is allowed to form industrial and residential zones with the inclusion of small enterprises for processing agricultural raw materials, as well as other production facilities, the placement of which is permissible in residential zones. In this case, it is necessary to provide a sanitary gap to residential buildings of at least 50 m.

In rural settlements, subject to compliance sanitary standards it is allowed to form industrial and residential zones, including residential buildings, agricultural and forestry enterprises, mini-farms and other agricultural facilities.

Mixed public transport zones are formed at the intersections of highways, interchange hubs of urban, suburban and external transport. In addition to transport facilities and structures, trade, catering, hotels and other commercial facilities are located, as well as garages and parking lots, stopping points of the city public transport. As a rule, a multi-level architectural and spatial solution using underground space is provided.

7. Production areas

General requirements

7.1. When developing production functions in the cities of the Moscow region, it is necessary to provide for optimization of the use of existing production areas on the basis of reconstruction, partial or complete repurposing of existing industrial enterprises that have a harmful impact on the environment.

For the placement of industrial, warehouse and other production facilities, as well as engineering infrastructure facilities associated with their operation, energy facilities, characterized by large cargo turnover, increased fire and explosion hazard, requiring the construction of railway access tracks, as well as sanitary protection zones more than 50 m wide, it is necessary to form production zones, which may include industrial zones, research and production, utility, warehouse and other zones.

Moving construction waste in Moscow

During construction, construction road and bridge objects, development of underground areas, preparation of sites, as well as during repair, reconstruction, demolition, dismantling of buildings and structures, materials and soil remain. In Moscow, according to statistics, their volumes exceed one and a half million tons per year. In order to protect the environment, in 2004, officials of the capital developed a system allowing move construction waste, soil, while controlling their volumes and quality. Such a system not only prevents the formation unauthorized and spontaneous landfills, but also reduces the load on city highways, satisfies the needs of construction organizations, and allows materials to be recycled.

How the permitting system works

Before the start of work, participants in the construction process are given a permit that allows them to transport waste, as well as soil, to their locations. They can be special areas for storage, processing or disposal, or specialized enterprises with licenses and placement limits such materials. Once the relocation work is completed, the permit is closed. The document is drawn up in accordance with the rules established by law.

Previously, the conclusion on issuing permits for the movement of construction waste was prepared by State unitary enterprise " Informstroyservice" The same organization was entrusted with the functions of maintaining the entire waste database construction and installation(dismantling) works. Permits were issued if their volume exceeded 50 cubic meters.

Issuing a permit to transport soil after excavation the company was engaged JSC INTUS. This organization is part of the capital's construction complex, providing it with the necessary information about objects under construction in the city. The main functions of the company in the construction sector are: analytics of investment programs; design of objects; monitoring compliance with safety regulations; increasing production efficiency.

Both organizations issued permits for a fee. Exceptions were cases when the construction project was fully financed by the state.

Changes in the permitting system

On July 1, 2013, significant changes occurred in the permitting system:

- permits for the movement of construction and demolition waste for processing or disposal, as well as for transportation of soil, are issued by the Moscow Construction Department;

Permits are issued free of charge and without the involvement of commercial organizations;

Maintaining an information base on movements, waste processing and soil transportation is carried out state state institution "Territory Preparation Department", organization, subordinate Department of Construction;

Permits are issued for waste volumes exceeding 30 cubic meters.

The Construction Department regulates the movement of earth masses and determines places for their storage in case the soil is unsuitable for recycling.

Permits allowing the transport of soil are issued by the Department on the basis of an agreement between the supplier and the recipient. If there is a free exchange of soil between them, then coupons are issued.

Such innovations regulate the waste and soil accounting system, strengthen control over their movement, and reduce costs construction and installation organizations, speed up and simplify the process of obtaining permits.

The movement of goods across the customs border is carried out in compliance with prohibitions and restrictions, unless otherwise established by the Customs Code, international treaties of the member states of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the member states of the Customs Union, issued in accordance with international treaties of the member states of the Customs Union, which establishes such prohibitions and restrictions (clause 1 of Article 152 of the Code).

Prohibitions and restrictions are understood as a set of measures applied to goods transported across the customs border, including non-tariff regulation measures, measures affecting foreign trade in goods and introduced on the basis of national interests, special types of bans and restrictions on foreign trade in goods, export control measures, etc. including in relation to military products, technical regulation, as well as sanitary-epidemiological, veterinary, quarantine, phytosanitary and radiation requirements established by international treaties of the member states of the Customs Union, decisions of the Customs Union Commission and regulatory legal acts of the member states of the Customs Union, issued in accordance with international treaties of the member states of the Customs Union (subparagraph 8 of paragraph 1 of Article 4 of the Code).

In accordance with paragraph 1 of Article 183 of the Code, the submission of a customs declaration must be accompanied by the submission to the customs authority of documents on the basis of which the customs declaration is completed, unless otherwise established by this Code

Such documents include, in particular, documents confirming compliance with prohibitions and restrictions.

Subparagraph 1 of paragraph 1 of Article 195 of the Code establishes that the release of goods is carried out by customs authorities, including upon presentation to the customs authority of licenses, certificates, permits and (or) other documents necessary for the release of goods in accordance with the Code and (or) other international treaties of the member states of the Customs Union, with the exception of cases when, in accordance with the legislation of the member states of the Customs Union, these documents can be submitted after the release of goods.

Paragraph 17 of Article 2 of the Federal Law of December 8, 2003 No. 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activities” (hereinafter referred to as Law No. 164-FZ) defines non-tariff regulation as a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and economic restrictions.

According to Article 20 of Law No. 164-FZ, non-tariff regulation of foreign trade in goods can be carried out only in cases provided for in Articles 21 - 24, 26 and 27 of Law No. 164-FZ, subject to the requirements specified therein.

In accordance with paragraph 2 of part 1 of Article 24 of Law No. 164-FZ, licensing in the field of foreign trade in goods is established, including in cases of implementation of the permitting procedure for export and (or) import individual species goods that may have an adverse impact on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants.

By virtue of Part 2 of Article 24 of Law No. 164-FZ, the basis for the export and (or) import of certain types of goods in the cases listed in Part 1 of Article 24 of Law No. 164-FZ is a license issued in accordance with Part 5 of Article 13 of the Law.

Attribution of compliance with licensing requirements to prohibitions and restrictions of an economic nature (non-tariff regulation) is carried out in accordance with the provisions of Law No. 164-FZ.

By general rule, established by paragraph 4 of the Unified List of Goods No. 134, the import and export of waste is carried out on the basis of licenses issued by the authorized state body of the member state of the Customs Union in whose territory the applicant is registered

Clause 2.3 of the Unified List of Goods No. 134 lists the names and other characteristics of goods - hazardous waste, restricted for movement across the customs border of the Customs Union during import and (or) export.

At the same time, the nominal inclusion of a product in the list of section 2.3 of the Unified List of Goods No. 134 is not an unconditional basis for classifying such a product as waste. The presence of an imported product in this list in itself is not a legal basis for classifying it as a waste, the import of which requires obtaining a license, in the case under consideration is not for the following reasons.

Waste refers to substances or objects that are disposed of, intended for disposal or subject to disposal in accordance with the environmental legislation of the member states of the Customs Union (subclause 1 of clause 8 of the Unified List of Goods No. 134 to clause 2.3 of the list of goods).

A similar definition of waste is contained in paragraph 1 of Article 2 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, ratified by the Russian Federation by Federal Law of November 25, 1994 No. 49-FZ “On Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes” waste and its disposal."

Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Law No. 89-FZ) defines the legal framework for the management of production and consumption waste in order to prevent the harmful effects of production and consumption waste on human health and the environment , as well as the involvement of such waste into economic circulation as additional sources of raw materials.

Production and consumption waste refers to the remains of raw materials, materials, semi-finished products, other items or products generated during the production or consumption process, as well as goods (products) that have lost their consumer properties (Article 1 of Law No. 89-FZ).

Based on the systematic interpretation of the above standards, imported (exported) goods can be classified as waste if the following characteristics (criteria) are present: they are remnants of raw materials generated during the production process; intended for removal; they lack consumer properties.

At the same time, current Russian and international legislation does not contain other signs of classifying goods as waste (including listing in the list of section 2.3 of the Unified List of Goods No. 134)

Adopted as part of the accession of the Russian Federation to the Basel Convention and approved by order of the Federal Agency for Technical Regulation and Metrology dated December 15, 2009 No. 1091-st “National Standard of the Russian Federation. Resource saving. Waste management. Waste certificate of I – IV hazard class. Basic requirements" (GOST R 53691-2009), in note No. 1 to Appendix "G" which also states that the lists of waste contained in Appendix "G" of this standard are not intended to determine whether a particular material is a waste , and are not intended to be exhaustive. They are subject to amendments and adjustments. Classification of waste in accordance with Annex G does not mean that the material in question is always a waste.

Unconditional submission of the appropriate license when presenting for customs clearance the goods listed in section 2.3 of the Unified List of Goods No. 134, without identifying and confirming the characteristics of this product that classify it as production and consumption waste, is unlawful.

There is a Federal Classification Catalog of waste, approved by order of the Federal Service for Supervision of Natural Resources dated July 18, 2014 No. 445, which establishes hazard classes.

Article 4.1 of Law No. 89-FZ classifies practically non-hazardous waste as class V. According to paragraph 30 of Article 12 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities,” activities for the collection, transportation, processing, disposal, neutralization, and disposal of waste of hazard classes I–IV are subject to licensing.

Similar provisions are contained in subparagraph “e” of paragraph 8 of the Rules for the cross-border movement of goods, approved by Decree of the Government of the Russian Federation dated July 17, 2003 No. 442. However, this law does not provide for obtaining a license for hazard class V waste.

The above norms are quoted from the ruling of the Supreme Court of the North Caucasus in case A32-27233/2015, which we had the opportunity to litigate in court.

Appendix No. 7
to the Decision of the Board
Eurasian Economic Commission
dated April 21, 2015 N 30

POSITION
ABOUT IMPORTATION INTO THE CUSTOMS TERRITORY OF EURASIAN
ECONOMIC UNION AND EXPORT FROM THE CUSTOMS TERRITORY
EURASIAN ECONOMIC UNION HAZARDOUS WASTE

I. General provisions

1. This Regulation determines the procedure for importing into the customs territory of the Eurasian Economic Union (hereinafter referred to as import, Union) hazardous waste included in section 2.3 of the single list of goods to which non-tariff regulation measures are applied in trade with third countries, provided for by the Protocol on non-tariff regulation measures in relation to third countries (Appendix No. 7 to the Treaty on the Eurasian economic union dated May 29, 2014) (hereinafter referred to as the unified list), and removal from the customs territory of the Union of hazardous waste included in sections 1.2 and 2.3 of the unified list (hereinafter referred to as export, hazardous waste, respectively).
2. For the purposes of these Regulations, the competent authority means the government body of a member state of the Union (hereinafter referred to as the Member State) responsible for sending and receiving notification of the import, export and transit of hazardous waste, as well as any information related to such import, export and transit, in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of March 22, 1989 (hereinafter referred to as the Basel Convention).
Other concepts used in these Regulations are used in the meanings defined by the Basel Convention, the Protocol on non-tariff regulatory measures in relation to third countries (Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) and international treaties included in the law of the Union.
3. It is prohibited to:
a) import and (or) export by individuals of hazardous waste as goods for personal use;
b) import of hazardous waste included in section 1.2 of the unified list;
c) export of hazardous wastes included in sections 1.2 and 2.3 of the unified list to the territory of a state that is not a party to the Basel Convention, as well as import of hazardous wastes included in section 2.3 of the unified list from the territory of a state that is not a party to the Basel Convention, with the exception of case where a member state and a state that is not a party to the Basel Convention have concluded an international treaty on the transboundary movement of hazardous wastes (information on states that are parties to the Basel Convention, as well as those concluded international treaties posted on the official website of the Basel Convention on the Internet information and telecommunications network at the address: http://www.basel.int). In this case, the movement of hazardous waste is carried out in accordance with this Regulation and the Basel Convention;
d) import of hazardous waste included in section 2.3 of the unified list for the purpose of disposal and neutralization.
4. Import and (or) export of hazardous waste is carried out in the presence of a license issued in accordance with the Instructions on the execution of an application for a license for the export and (or) import of certain types of goods and on the execution of such a license, approved by the Decision of the Board of the Eurasian Economic Commission dated 6 November 2014 N 199 (hereinafter referred to as the license), or a conclusion (permit document) drawn up in the form approved by the Decision of the Board of the Eurasian Economic Commission dated May 16, 2012 N 45 (hereinafter referred to as the conclusion (permit document)), except in cases provided for in paragraph 3 of these Regulations.
A license or conclusion (permit document) is presented to the customs authorities of the Member States upon arrival of hazardous waste into the customs territory of the Union.

II. Placement under customs procedures

5. The placement of hazardous waste under customs procedures for release for domestic consumption and export is carried out upon presentation of a license to the customs authority of the Member State.
6. Placement of hazardous waste under the customs procedures of processing for domestic consumption, processing in the customs territory, processing outside the customs territory, re-import, re-export is carried out upon submission of a conclusion (permit document) to the customs authority of the Member State.
7. Placement of hazardous waste under the customs procedures of a customs warehouse, customs transit for transportation from the customs authority at the place of arrival in the customs territory of the Union to the internal customs authority, as well as for transportation from the internal customs authority to the customs authority at the place of departure from the customs territory of the Union is carried out at availability of a license or conclusion (permit document) submitted for placing hazardous waste under other customs procedures.
8. The placement of hazardous waste under the customs procedure of customs transit for its transportation from the customs authority at the place of arrival in the customs territory of the Union to the customs authority at the place of departure from the customs territory of the Union is carried out upon submission to the customs authority of the Member State of conclusions (permits) issued by authorized in accordance with the legislation of the Member States for the issuance of opinions (permits) by public authorities of all Member States (hereinafter referred to as the authorities of the Member States authorized to issue opinions (permits)) through the territories of which these hazardous wastes will be transported.
9. Placement of hazardous waste under the customs procedures of temporary import (admission), temporary export, duty-free trade, destruction, refusal in favor of the state, free customs zone, free warehouse is not allowed.

III. Issuance of a license

10. To obtain a license legal entities and individuals registered as individual entrepreneurs (hereinafter referred to as applicants) submit to the authorized body of the Member State in whose territory the applicant is registered the documents and information provided for in subparagraphs 1 - 5 of paragraph 10 of the Rules for issuing licenses and permits for export and (or ) import of goods (appendix to Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) (hereinafter referred to as the Rules), as well as in accordance with subparagraph 6 of paragraph 10 of the Rules, the following documents and information:
a) consent (in writing) of the competent authority of the state into whose territory hazardous waste is imported and (or) through whose territory hazardous waste is transported, in accordance with the Basel Convention (in the case of hazardous waste export);
b) a copy of the agreement (contract) between the exporter and the manufacturer or the importer and the consumer of hazardous waste (if the applicant acts as an intermediary);
c) copies of the agreement(s) (contract(s)) for the transportation of hazardous waste;
d) a copy of the agreement (contract) between the exporter (importer) and the person responsible for the disposal of hazardous waste, which stipulates environmental safe use these hazardous wastes;
e) notification of transboundary movement of hazardous waste (in 3 copies) in accordance with the Basel Convention;
f) document on the transportation of waste (in 3 copies) in accordance with the Basel Convention;
g) information on the availability of technical (technological) capabilities for the use of hazardous waste (an extract from the technological regulations confirming the possibility of using hazardous waste as a raw material, or another document confirming the possibility of involving them in a use that does not allow the formation of other hazardous waste or its residues) (in case of import of hazardous waste);
h) a copy of a document confirming insurance, bond or other guarantee for transboundary transportation of hazardous waste (if provided for by the legislation of the Member State);
i) a copy of the license to carry out the type of activity for the management of hazardous waste on the territory of a Member State in accordance with the legislation of this state (if licensing of this type of activity is provided for by the legislation of this state).
11. Copies of documents submitted by the applicant must be certified in the manner prescribed by paragraph 11 of the Rules.
12. If, in accordance with the legislation of a Member State, a decision to issue a license is made by an authorized body in agreement with another government body of this Member State (hereinafter referred to as the coordinating body), then such approval is carried out in the manner prescribed by the legislation of this Member State .
The applicant, if provided for by the legislation of the Member State, submits the documents specified in paragraph 10 of these Regulations to the approving authority. In this case, the documents specified in subparagraphs “a” – “i” of paragraph 10 of these Regulations are not submitted to the authorized body.
Coordination can be carried out by issuing a conclusion (permit document).
13. The issuance of a license is refused if there are grounds provided for in subparagraphs 1 - 4 of paragraph 14 of the Rules, as well as in accordance with subparagraph 6 of paragraph 14 of the Rules - in the event of a refusal by the approving body to approve the application for a license.

IV. Issuance of a conclusion (permit document)

14. The issuance of an opinion (permit document) is carried out by the body of a member state authorized to issue opinions (permit documents) in the manner prescribed by the legislation of that state.
15. An opinion (permit document) is issued when the applicant submits the following documents and information to the body authorized to issue opinions (permit documents) of the Member State:
a) draft conclusion (permit document), drawn up in accordance with methodological instructions on filling out a single form of conclusion (permit document) for the import, export and transit of certain goods included in the Unified List of Goods to which prohibitions and restrictions on import or export are applied by member states of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries, approved by the Decision of the Board of the Eurasian Economic Commission dated May 16, 2012 N 45;
b) a copy of the agreement (contract), and in the absence of an agreement (contract) - a copy of another document confirming the intentions of the parties;
c) consent (in writing) of the competent authority of the state into whose territory hazardous waste is imported and (or) through whose territory hazardous waste is transported, in accordance with the Basel Convention (in the case of hazardous waste export);
d) a copy of the agreement (contract) between the exporter and the manufacturer or the importer and the consumer of hazardous waste (if the applicant acts as an intermediary);
e) copies of the agreement(s) (contract(s)) for the transportation of hazardous waste;
f) a copy of the agreement (contract) between the exporter (importer) and the person responsible for the disposal of hazardous waste, which stipulates the environmentally safe use of this hazardous waste;
g) notification of transboundary movement of hazardous waste (in 3 copies) in accordance with the Basel Convention;
h) document on the transportation of waste (in 3 copies) in accordance with the Basel Convention;
i) information on the availability of technical (technological) capabilities for the use of hazardous waste (an extract from the technological regulations confirming the possibility of using hazardous waste as a raw material, or another document confirming the possibility of involving them in a use that does not allow the formation of other hazardous waste or its residues) (in case of import of hazardous waste);
j) a copy of a document confirming insurance, bond or other guarantee for transboundary transportation of hazardous waste (if provided for by the legislation of the Member State);
k) a copy of the license to carry out the type of activity for the management of hazardous waste on the territory of a Member State in accordance with the legislation of this state (if licensing of this type of activity is provided for by the legislation of this state);
l) other documents provided for by the legislation of the Member State.
16. The issuance of a conclusion (permit) is refused if the following grounds exist:
a) failure to submit documents provided for in paragraph 15 of these Regulations;
b) the presence of incomplete or unreliable information in the documents submitted by the applicant to obtain an opinion (permit);
c) other grounds provided for by the legislation of the member state and the Basel Convention.
17. Reporting on the import and (or) export of hazardous waste in accordance with Article 6 of the Basel Convention is submitted by applicants to the competent authority of their state in the manner and within the time limits determined by the legislation of that state.

On measures to ensure the Russian Federation fulfills its obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

In order to fulfill the obligations of the Russian Federation under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Government of the Russian Federation decides:
1. Prohibit the import of hazardous waste for the purpose of burial or incineration on the territory of the Russian Federation.
2. Appoint the Ministry of Natural Resources and Environment of the Russian Federation and the Federal Service for Supervision of Natural Resources as competent authorities under Article 5 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the Convention).
3. Assign the following functions to the Ministry of Natural Resources and Ecology of the Russian Federation as the competent authority:
organization and coordination of implementation of the requirements of the Convention;
preparation of proposals for the development and adoption of normative legal acts aimed at implementing the Convention;
representing the interests of the Russian Federation at conferences of the parties to the Convention, in other working bodies of the Convention, as well as when considering disputes between the parties in accordance with the procedure for their consideration established by the Convention.
4. Assign the following functions to the Federal Service for Supervision of Natural Resources as the competent authority:
issuing permits for the import into the Russian Federation, export from the Russian Federation and transit of hazardous waste for use as raw materials;
notification to the relevant competent authorities of states exporting, importing or transiting hazardous wastes about planned transboundary movements of these wastes.
5. Determine the following federal executive authorities within the limits of their competence as responsible for fulfilling the obligations of the Russian Federation arising from the Convention:
Ministry of Natural Resources and Ecology of the Russian Federation - in terms of ensuring the protection of the environmental interests of the Russian Federation;
Ministry of Foreign Affairs of the Russian Federation - in terms of ensuring the protection of the foreign policy interests of the Russian Federation during international cooperation on issues related to the control of transboundary movement or transport of hazardous waste;
Ministry of the Russian Federation for Civil Defense, Emergency Situations and Consequence Elimination natural Disasters– regarding the implementation of supervision over the readiness of officials, forces and means to act in the event of emergency situations;
Federal Service for Supervision of Transport - regarding the implementation of federal state control (supervision) in the field of transport safety (including during transboundary transportation of hazardous waste);
Federal Customs Service - regarding the application and improvement of customs controls over the import into the Russian Federation, export from the Russian Federation and customs transit of hazardous waste;
Federal Service for Supervision of Consumer Rights Protection and Human Welfare – regarding the implementation of federal state sanitary and epidemiological supervision of transboundary transportation of hazardous waste and its management.
6. To the Ministry of Natural Resources and Environment of the Russian Federation:
when forming the draft federal budget for the next financial year and planning period, provide budgetary allocations for the payment of membership fees of the Russian Federation to the budget of the Convention;
within 3 months, submit proposals for the appointment of a legal entity to perform the duties of a designated center responsible for receiving and providing information in accordance with the Convention.
7. The Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief shall take measures to ensure the readiness of the forces and means of the unified state system for the prevention and liquidation of emergency situations to interact with similar systems of foreign countries during transboundary transportation of hazardous waste and their disposal.
8. The implementation of the powers provided for by this resolution is carried out by the relevant federal executive bodies within the established maximum number of employees of these bodies, as well as the budgetary allocations provided for by them in the federal budget for leadership and management in the field of established functions.
9. Recognize as invalid the Decree of the Government of the Russian Federation of July 1, 1995 No. 670 “On priority measures to implement the Federal Law “On Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” (Collected Legislation of the Russian Federation, 1995, No. 28, art. 2691).
Chairman of the Government of the Russian Federation
D. Medvedev

Order of the Ministry of Natural Resources of the Russian Federation of December 24, 2003 N 1151 “On approval of forms of notification of transboundary movement of waste and document on waste transportation”

Transportation of waste from one country to another or its transit through the territory of other states takes place strictly in accordance with established requirements. This procedure is carried out on the basis of a special permit. It is worth considering all the nuances of transboundary waste movement.

Who needs permission

In 1989, Switzerland signed the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 116 countries took part in it. For Russia, the convention came into force in 1995.

Transboundary movement of waste refers to its export from one country and import to another. To transport materials that are determined to be hazardous, it is necessary to be aware of all obligations and procedure details. The procedure for transboundary movement of waste is established by the Government of the Russian Federation.

For single transportation, legal entities are required to obtain permission. This document gives the right to import, export and transit hazardous products through countries that are parties to the Basel Convention.

It is required for the cross-border movement of the following materials:

  • medical training;
  • refined petroleum products;
  • used batteries;
  • pesticides and chemical substances that can harm the environment;
  • used tires, aluminum slag;
  • solid waste vegetable oils and others.

You can obtain the appropriate paper from Rosprirodnadzor. The document is valid until the end of the year of its issue. If you have a contract confirming the need for regular transportation of materials, you can issue a permit valid for 1 year.

For organizations that regularly engage in import and export dangerous products on the territory of the Russian Federation, it is possible to obtain a license for cross-border movement waste. This document is issued by the Ministry of Industry and Trade. The license has no restrictions on the validity period.

How to register transboundary movement of waste

To obtain a transportation permit, the following requirements must be met:

  • collect the entire set of documents for the transported materials, which will contain a list of them, the purpose of transportation and the final destination;
  • make a hazard passport;
  • prepare a vehicle with special signs on it;
  • pay the state fee.

The document production period is 1 month. If during this time there are any changes in the planned route, the condition of materials, etc., a new permit will need to be issued.

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