Public consultation (full version)

01.06.2011 13:50
Public consultation (full version) It offers the full version of subordinate legislation that is proposed for approval by the Cabinet of Ministers of Ukraine.
ORDER
conducting public hearings on accounting
public interest when drafting
planning documentation at the local level
General Provisions
1. This Procedure defines a mechanism for holding public hearings on
taking into account the public interest in the development of urban projects
documentation at the local level: the master plans of settlements, zoning plans
and detailed plans for areas (hereinafter - the planning documentation).
2. Conducting public hearings regarding the public interest in
project planning documentation is carried out in developing appropriate
project planning documentation.
3. Rural, village, town councils and their executive bodies (in the case of delegating to them such
authority) in accordance with the third part of Article 21 of the Law of Ukraine "About regulation
urban development "provides:
publication of decisions on development projects planning documentation with predictable legal, economic and environmental impacts;
promulgation of the developed projects of urban planning documents and public access to such information;
registration, examination and synthesis of proposals by the public to the project planning documentation;
coordination issues between the public and customers of the projects of urban planning documents through the conciliation commission;
publication of the results of the public review of proposals to the draft planning documentation.
4. The executive bodies of village, township, city councils make public within two weeks
Deadline for local governments decisions on development projects
planning documentation by publication of such decisions in the media
information relates only to the territory, as well as posting on the official
Web site of the appropriate local authority.
Unveiling developed in accordance with legislation project planning documentation is carried out not later than one month from the date of their submission by the developer in the executive body of the village, settlement, the City Council by placing the materials (plates, mock-ups) in a local authority site and inform the citizens through the distribution of pamphlets and communications media that are distributed in the territory, as well as posting information on its official Web site of the appropriate local authority.
5. A message about this review procedures and accounting proposals
public in the project planning documentation must contain:
1) information about the purpose, structure and content of planning documentation, as set out in
condensed and accessible to the general public form;
2) the main technical and economic indices, including graphic materials,
reflect the content of planning documentation;
3) information about the customer and project development planning documentation and
basis for their development;
4) information about the location and timing of the review with the draft town planning
documentation;
5) identification of the local authority responsible
for organizing the review of proposals;
6) information on timing and duration of completion of the review of proposals;
7) information on planned outreach activities (presentations,
public exposure, television programs, public conferences, etc.).
Persons engaged in work on proposals public, appointed by the local authority. The said persons are responsible for the authenticity of the project planning documentation.
6. The basis for the proposal was submitted to the project planning documentation
relevant local government a notice of commencement of the process of
consideration.
7. Suggestions for projects planning documentation are eligible to apply:
1) adult capable individuals residing in the territory for which
developed a draft planning documentation at the local level;
2) legal persons, immovable property which are located within the territory for
which developed a draft planning documentation at the local level;
3) owners and users of land located on the territory for which
a project planning documentation, and on adjacent territories;
4) representatives of the popular self-organization, whose activities extend to
respective territories;
5) People's Deputies of Ukraine, deputies of the local councils.
8. Proposals submitted by non-specific paragraph 7 of this Order, or presented
after the established local government term, remain
consideration.

Presentation, consideration and public proposals
9. According to the sixth part of Article 21 of the Law of Ukraine "About regulation
urban development proposals submitted by citizens in writing
stating the name and patronymic, place of residence, personal signature and should include justification of the requirements of laws, building codes, government standards and regulations.
10. Persons providing an operations review of such proposals,
reported through the media, which are distributed in the territory,
and the official website of the relevant local authority on the place of filing
such proposals.
11. Public proposals to be registered by the local
government and considered by the developer and the customer projects of urban planning
documentation within a month.
Upon review of the proposals the applicant is the answer to their account or a justified refusal.
In the case of public proposals, the decision on account of which the developer and the customer can not make yourself or have the disputed issues, and persons providing work on proposals of the public, according to the appropriate local government body to take final decision on the formation of a conciliation commission (hereinafter - Commission).
12. Commission created by the decision of the local government within a week
days after the deadline for submission of proposals to the public.
The composition of the commission establishes the local authority in an amount not less than 25 and not more than 55 people.
13. The Commission is chaired officer of the local
government.

The committee consists of:
officials of the relevant local authority;
representatives of authority in the field of land resources, environmental and epidemiological body, body of urban planning and architecture, cultural heritage protection and other public authorities;
representatives of professional associations and unions, architects, and scholars;
authorized representatives of the public who are elected to public hearings.
Number of members of the public must be at least 50 and not more than 70 percent of the total number of committee members, including at least ZO per cent - the representatives of Ukrainian community organizations and professional associations.
14. Commission within two weeks, considering the issues and decide on
accounting or a reasoned rejection of such proposals.
15. Commission meeting is considered valid if it is attended by at least two
thirds of its members (of whom at least half - of the public).
Commission Decision adopted by a majority of members present and shall be the relevant protocol.
Commission resolved the disputed issues between the parties is the basis for changes in the project planning documentation.
In the case of insolvency of the commission, to settle disputes between the parties, a final decision is made by the relevant local authority for approval of planning documentation.
16. Publication of the results of the public consider proposals for projects
planning documentation is carried out in two weeks from the date of their adoption by
publication in the media, which are distributed in the territory, and
the placing of such decisions on the official websites of the local
government.
17. Adoption of draft planning documentation of the procedure without
consider proposals for the public is prohibited, and materials to address these
proposals is an integral part of this documentation.
18. Funding for public review the proposals made by
by local authorities.

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