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LEGAL BASIS
The legal basis of this development plan are:
Building Code (Baugesetzbuch)
in the version published on 23.09.2004 (Federal Law Gazette I p. 2414), last amended by Article 6 of the Act of 20.10.2015 (Federal Law Gazette I p. 1722)
State Building Code
in the version of 05.03.2010 (State Law Gazette 2010, 357, BER. p. 4169), last amended by Article 1 of the Act of 11.11.2014 (State Law Gazette p. 501)
Land Use Ordinance (Baunutzungsverordnung)
in the version of 23.01.1990 (Federal Law Gazette I 1990, 132), last amended by Art. 2 of the Law of 11.6.2013 (I 1548)
Signage Ordinance (Planzeichenverordnung)
in the version of 18.12.1990 (Federal Law Gazette I p. 58),
last amended by Article 2 of the Act of 22 July 2011 (Federal Law Gazette I p. 1509)
PROCEDURAL NOTES
1. Resolution to prepare the plan according to § 2 (1) Building Code
on 24.03.2015
2. Local customary announcement according to § 2 (1) Building Code
on 08.04.2015
3. Early public participation according to § 3 (1) Building Code (plan inspection)
from 16.04. to 16.05.2015
4. Participation of authorities and other public bodies according to § 4 (1) Building Code
from 16.04. to 16.05.2015
5. Approval of the draft plan and resolution to publish
on 24.11.2015
6. Public display and participation of authorities according to § 3 (2) and § 4 (2) Building Code
6.1 Announcement
6.2 Inspection period / participation of authorities
on 12.01.2016
from 20.01. to 22.02.2016
7. Weighing of public and private interests according to § 1 (7) Building Code
on 21.06.2016
8. Statutory resolution by the municipal council – concerning the development plan according to § 10 (1) Building Code
– concerning the local building regulations according to § 74 State Building Code
on 27.06.2017
9. Local customary announcement of the statutory resolution of the development plan and the local building regulations
on 04.07.2017
10. Legally binding according to § 10 (3) Building Code development plan and local building regulations
on 04.07.2017
TEXTUAL PART
In addition to the plan drawing and plan entry, the following is stipulated:
I I. PLANNING LAW PROVISIONS
1. Type of building use
(§ 9 para. 1 no. 1 Building Code; §§ 1-15 Land Use Ordinance)
1.1 WA – General residential area (§ 4 Land Use Ordinance)
Residential buildings as well as shops serving the supply of the area and non-disruptive craft businesses are permitted.
The universally permitted taverns and restaurants according to § 4 (2) 2 and 3 Land Use Ordinance as well as facilities for ecclesiastical, cultural, social, health and sports purposes are declared not permissible.
The exceptions permitted according to § 4 (3) Land Use Ordinance are not part of the development plan.
2. Intensity of building use
(§ 9 para. 1 no. 1 Building Code; §§ 16-21a Land Use Ordinance)
2.1 Floor area ratio – Floor area ratio
Floor area ratio according to plan entry.
2.2 Number of full storeys
Number of full storeys as a maximum according to plan entry.
2.3 Elevation and height of buildings
Maximum permissible eaves height (EH) and ridge height (RH) according to plan entry:
The lower reference point is the maximum ground floor level (EFHmax) set in the plan. Deviations downward from the specified maximum ground floor levels are permissible, the maximum permitted eaves and ridge heights must be observed.
The upper reference point of the eaves height is the intersection of the exterior wall and the roof covering. The eaves height must be observed for at least 2/3 of the building length. For mono-pitched roofs, the eaves height is to be measured at the lower eaves side (see explanatory sketch).
The upper reference point of the ridge height is the upper edge of the ridge tiles. For mono-pitched roofs and offset gable roofs, the highest point of the roof surface applies (see explanatory sketch).
The maximum ground floor level (single-family house) is set in reference to a height above sea level fixed for each building plot.
Explanatory sketch for double-pitched roof:
Construction method, buildable and non-buildable plot areas and position of the buildings
(§ 9 para.1 no. 2 Building Code; §§ 22-23 Land Use Ordinance)
3.1 Construction method
Permissible construction method according to plan entry. This means:
ED = open construction method, only single and semi-detached houses are permitted
3.2 Buildable plot areas
The buildable and non-buildable areas are determined by building boundaries according to plan entry.
3.3 Position of buildings
The main direction of the building and the ridge direction may only be perpendicular or parallel to the building boundaries. Deviations of up to 10° are permitted.
4. Parking spaces, garages and ancillary facilities
(§ 9 para. 1 no. 4 Building Code; §§ 12 and 14 Land Use Ordinance)
4.1 Garages and covered parking spaces
Garages as well as covered parking spaces (carports) are generally permitted within the buildable plot areas.
Outside of the buildable plot areas, garages and covered parking spaces (carports) are permitted with a minimum distance of 5.0 m on the driveway side and 1.0 m on the other sides to the roadway surfaces.
In the plot zone between the rear building boundary facing away from the main access and the rear plot boundary, garages and covered parking spaces (carports) are not permitted.
4.2 Ancillary facilities
Ancillary facilities intended as buildings are only permitted within the buildable plot areas. Garden tool sheds up to 40 m³ are also permitted outside the buildable plot boundaries in the rear areas of the plot facing away from the main access.
5. Maximum permissible number of apartments in residential buildings
(§ 9 para. 1 no. 6 Building Code)
The number of residential units is limited as follows:
– 2 residential units per residential building for single houses,
– 1 residential unit per semi-detached house used as residential building.
Traffic areas
(§ 9 para. 1 no. 11 Building Code)
6.1 Division of traffic areas
The divisions of traffic areas shown in the plan are to be understood as non-binding guidelines for implementation.
7. Areas and measures for the protection, care and development of soil, nature and landscape
(§ 9 para. 1 no. 20 and para. 1a Building Code)
7.1 Surface reinforcement
Car parking spaces, house entrances, garage forecourts, terraces as well as footpaths must be designed so that rainwater can infiltrate (e.g. turfstone grids, turf paving, gravel turf, permeable paving, etc.). The base layer must be adapted to the surface.
7.2 Exclusion of uncoated metallic roof coverings and facade claddings
Uncoated metallic roof coverings and facade claddings are not permitted.
7.3 Lighting of the area
To protect nocturnal insects, street and path lighting must be equipped with insect-friendly lamps according to the current state of the art. Luminaires must be chosen that emit light directed downwards and produce no stray light.
Private permanent lighting is not permitted.
7.4 Separate rainwater drainage
Uncontaminated rainwater from roof and street areas is drained via open ditches and collected in three rain retention basins at the eastern edge of the plan area.
7.5 Measure <1>: Green spaces on Höchstberger Weg
The green spaces are designated for preservation. Shrubs and other vegetation shall be preserved and secured in the existing stock.
If necessary, open areas created during the conversion of the path and the connection of the drainage swale to the existing ditch are to be seeded with landscape grass. The open areas are to be mowed twice a year, and the cuttings are to be removed.
Measure <2>: Green area at the southeastern edge of the area
The green area is designated both as a planting area and as an area for protective measures. Two earth basins are created. The slopes are to be executed as flat as possible and with varying inclinations. The base of the earth basins is to be seeded with a shoreline mix for intermittently moist sites (seed of secured origin). They are to be mowed once a year and the mowing residues removed.
On the wider area north of the retention basin (RRB), a row of five native deciduous or fruit trees is to be planted, maintained and replaced in case of loss. Three additional trees are to be planted south of the RRB. At planting, the trees should be high-stemmed with a trunk circumference of 12–14 cm. Planting distances should be 8 m, the distance to the adjacent service road and other adjoining areas 4 m.
On 20% of the area, groups of native shrubs are to be planted. Each shrub should be allotted 2 m² planting area.
Planting distances: 1.5 m
Plant size: 2 times container, 60–100 cm
The remaining areas are to be sown with seed of secured origin as nutrient-rich meadow. These areas are to be mowed twice a year and the cuttings removed.
The specifications for planting in the annex must be observed.
7.7 Measure <3>: Green area at the northeastern edge of construction phase 2
The green area is designated both as a planting area and as an area for protective measures. A small section in the northwest reserved for external area drainage is designated only as a planting area.
On the approximately 3 m wide strip on the west edge, a single-row hedge of native shrubs will be planted. The distances between the shrubs should be 1.5 m and 1 m from the adjacent service road and other adjoining areas.
On the wider area, a total of eight native deciduous or fruit trees are to be planted, maintained and replaced in case of loss. The trees should be high-stemmed with a trunk circumference of 12–14 cm at planting. Planting distances should be 8 m, the distance to the adjacent service road and other adjoining areas 4 m.
The remaining area is to be sown with seed of secured origin as nutrient-rich meadow. It is to be mowed twice a year and the cuttings removed.
The planting specifications in the annex must be observed.
Measure <4>: Green area in the northern retention basin (RRB) area
The green area is designated both as a planting area and as an area for protective measures.
An earth basin will be created. The slopes are to be executed as flat as possible with varying inclinations.
The base of the earth basin is to be seeded with a shoreline mix for intermittently moist sites (seed of secured origin). It is to be mowed once a year and the mowing residues removed.
Four native deciduous or fruit trees are to be planted, maintained and replaced at the edges. At planting, the trees should be high-stemmed with a trunk circumference of at least 12–14 cm.
The remaining areas are to be sown with seed of secured origin as nutrient-rich meadow. They are to be mowed twice a year and the cuttings removed.
The planting specifications in the annex must be observed.
7.9 Allocation of compensation measures
The areas and measures for compensation within the remainder of the development plan area as well as the areas and measures for compensation outside the plan area are allocated to the properties on which interventions are expected, based on the proportion of sealable or buildable area.
The traffic areas are assigned 33.29% (8,197 m² sealed), the building plots 66.71% (16,429 m² buildable area) of the areas and measures for compensation.