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

No construction of building shall be undertaken within 7.5 m. from the boundary of the Eastern Express Highway and other roads having prescribed width more than 52.5 m. 10.2.3 a) Development of Multi Storey Public Parking Lot (PPL) near Metro Stations For development of Multi-storied PPL on any plot abutting a road of minimum width of 18.0 m., additional FSI ( hereinafter referred to as ―Incentive FSI‖ ) as specified below on built up parking area, created and handed over to the Thane Municipal Corporation (TMC) free of cost with amenities required for parking area as prescribed by the Commissioner such PPL shall be allowed, on the land belonging to a private owner / Lease hold plots of Govt. and TMC with prior consent, which is not reserved for any public purpose, subject to the conditions contained herein below :

I. The minimum area of plot shall be 1000 sq.m. in sector - 1, 2, 3 and 2000 sq.m. in remaining sectors. The minimum number of Motor Vehicle public parking spaces provided shall not be less than 50. The location of parking spaces can be in 2 level basement, ground floor or upper 2 floors maximum, with access through ramp / lift or combination of both subject to clearance from CFO with special emphasis on fire hazard. II. A Committee under the Chairmanship of Municipal Commissioner, TMC shall earmark / select the plots for public parking, on the basis of their suitability. The Committee shall comprise the following or their representatives (i) Metropolitan Commissioner, MMRDA,

(ii) Dy.Commissioner of Police (Traffic), (iii) Joint Director of Town Planning, Konkan Division, (iv) Assistant Director of Town Planning, TMC (Member Secretary).

(1) Inserted vide Notification u/s.37(2) No.CR.236/18 (Part 5), dt.16th December, 2022 & ($) Directives u/s.154, dt.16th December, 2022

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

V. Concerned land owner / developer / society / company shall not be allowed to operate the public parking lot. VI. Area covered under parking shall not be counted towards FSI consumption. VII. The incentive FSI permissible under this Regulation against BUA of the PPL shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed the limit as per Regulation 6.3. VIII. The maximum cap on BUA per parking shall be 50 sq.m. for LMVs, 65 sq.m. for LCVs and 120 sq.m. for HMVs / Buses. Incentive FSI shall be calculated as per BUA of the PPL, based on these norms or the actual BUA of the PPL, whichever is less. IX. The developer of the PPL shall pay ‗premium‘, worked out as per the following formula :-

Premium = 60% of [Value of the additional BUA corresponding to the incentive FSI admissible under this Regulation, as per A.S.R. - (Cost of construction of PPL + cost of any extra amenities / facilities provided + cost of construction of BUA corresponding to the incentive F.S.I. admissible under this Regulation)] For the purpose of calculating premium as above, the cost of construction of PPL including amenities / facilities and the cost of construction of BUA corresponding to the Incentive FSI admissible under this Regulation shall be 75% and 125% respectively of the rate of RCC construction as per ASR.

X. The Premium shall be paid before the issuance of building permission for the incentive FSI admissible under this Regulation. Upon Payment of 100% premium as aforesaid, building permission shall be issued in respect of 50% of incentive FSI. In no case, Incentive FSI be released without handing over of the PPL, complete in all respects, to TMC. The year in which premium is paid before the issuance of building permission for the PPL shall be taken as the year for determination of construction cost as well as ASR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the GoM and the remaining 50% to TMC. Provision of this Regulation may also be applicable to lease hold plots of Govt. and TMC with prior approval from Government / Municipal Corporation. XI. The land owner / developer / Society / company shall hand over PPL with separate entrance and exit for the dedicated use of TMC by way of registered conveyance deed. Such PPL will not be part of proposed society / apartment / owners association. XII. The PPL shall not be permissible in combination with other regulations. XIII. Public Parking shall be developed in independent building as far as possible, but it may permissible in composite buildings subject to compliance of these regulations. XIV. The Commissioner may hand over such PPL to any agency to transparent bidding procedures for its operations and maintenance upon such terms and conditions as deem

fit and proper. However in any condition such PPL shall not be allotted to concerned land owners / housing society / association of apartment owners of occupiers in the plot of PPL.

XV. No public parking lots shall generally be more than 500 vehicles. However in

exceptional cases Commissioner may permit PPL for 1000 vehicles for the reasons to be recorded in writing.

XVI. PPL connectivity to nearest station of Local / Mono / Metro / BRTS etc. may also be insisted if propose PPL is within 250 m. by skywalk and underground connectivity within 100 m. These areas shall also be counted for giving incentive FSI and shall not be included for calculating limits of vehicles. XVII. For every sectors Commissioner shall endeavour to evaluate total need of PPL and shall cause it to be declared in local newspaper within three months of promulgation of these regulation for every 5 years. Total PPL sanctioned in any sector shall not increase beyond that for next 5 years. PPL shall be allowed only after studying traffic impact analysis of area with the periphery of 250 m. of PPL.