Local Area Plan, context, and objectives.

(1) Subject to such directions as the State Government may give from time to time and the provisions of the Sikkim Urban and Regional Planning and Development Act, 1998, the Municipality may prepare one or more Local Area Plans: Act NO.7 of 1998. Provided that the Municipality may also prepare, subject to the provisions of this chapter, a Local Area Plan on the basis of any petition by the residents of any area within the jurisdiction of the Municipality. (2) A Local Area Plan may be prepared in accordance with the provisions of this Act in respect of any land which is - (a) vacant, or (b) in the course of development, or (c) already built upon. (3) A Local Area Plan - (a) may be prepared to achieve, and (b) shall not be limited to the achievement of, the following objectives:- (i) development or re-development of land, and conservation of buildings, natural features or other physical features, (ii) providing improvements in the physical layout, making infrastructure and amenities available and managing the area to enhance health and safety of the occupants to support economic development as well as to enhance the quality of living environment, and (iii) preparation of area specific regulatory parameters for Local Area Plan Explanation. - "area specific regulatory parameters for Local Area Plan" shall include height of buildings, quantum of built-up area, regular lines of streets and building lines, setbacks, floor area ratios, facade controls, parking spaces, loading and unloading spaces, sizes and locations of projections and advertisement signs, and circulation pattern, (4) A Local Area Plan, which may be prepared to achieve the objectives referred to in sub-section (3), may provide for, but shall not be limited to the following matters: (a) preparation of - (i) area specific regulatory parameters for Local Area Plan for an area included in such Local Area Plan, (ii) plan for laying out, or re-laying out, of land, either vacant or already built upon, (iii) plan showing the layout of new streets or construction, diversion, extension, alteration or improvement, or closing up, of streets, and discontinuance of communications, (iv) urban design plans for the area which may include height of buildings, quantum of built- up area, regular lines of streets and building lines, setbacks, floor area ratios, facade controls, parking spaces, loading and unloading spaces, sizes and locations of projections and advertisement signs, and circulation pattern; (b) allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, transport facilities, and public purposes of all kinds. Explanation. - "public purpose" shall mean any purpose concerning, or open to, the people as a whole; (c) reservation of land for sale by the Municipality for residential, commercial, or industrial use, depending upon the nature of the anticipated development; (d) construction, alteration, or removal of buildings, bridges, and other structures; and (e) filling up, or reclamation, of low-lying, swampy, or unhealthy areas, or levelling of land: Provided that the maximum height of building on any land shall be in accordance with the suitability and profiles of the locations based on the stability map of the area as prepared by the Mines and Geology Department of the State Government.