TCI Development Manual Final Print Copy 140416

DEVELOPMENT MANUAL Turks & Caicos Islands

Department of Planning Ministry for Environment and Home Affairs Grand Turk Turks & Caicos Islands

28 April 2014

CONTENTS

2 TCI Development Manual 28 April 2014

CONTENTS PREFACE INTRODUCTION GLOSSARY

Chapter 1.

GENERAL REQUIREMENTS AND POLICES

2.

PROCEDURES FOR DEVELOPMENT PERMISSION

3.

DEVELOPMENT STANDARDS

4.

SPECIAL PROVISIONS RELATING TO CONSERVATION

5.

SUBVISION STANDARDS AND DESIGN REQUIREMENTS

6.

ADVERTISEMENTS AND SIGNS

7.

STANDARDS FOR ENVIRONMENTS IMPACT ASSESSMENT STUDIES

8.

STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BEACH PROTECTION WORKS.

9.

CONSTTRUCTION OF PRIVATE DOCKS AND MORRRING FACILITIES

10.

RETAINING WALLS, DREDGING AND RECLAMATION

11.

STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BUILDING SYSTEMS

12.

ERECTION OF SATELLITE RECEIVING SYSTEMS

13.

USE OF TRAILERS

14.

STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN LEEWARD, PROVIDENCIALES

15.

STAND ARDS FOR LOW DENSIT/HIGH COST RESIDENTIAL DEVELOPMENT IN CHALK SOUND, PROVIDENCIALES

3 TCI Development Manual 28 April 2014

PREFACE

4 TCI Development Manual 28 April 2014

PREFACE This Manual was originally prepared in 1987 by the UN Consultant Pauline McHardy and was typed by Sherolee Been of the Dept. of Planning, Turks and Caicos Islands. The development and production of this Manual was a component of the United Nations Project TCI/84/001, Physical Planning for the Turks and Caicos Islands.

This Manual is Schedule 1 of Turks and Caicos Islands Building Regulations The Manual was revised by the Department of Planning in 1992, 1994, and again in 1995/1996 and in 2006 with the assistance of Alwyn T. Wason. Building Control and Planning Adviser.

This latest edition which has also been prepared by the Department of Planning with the assistance of Alwyn Wason, clarifies some the requirements for developments in the environmentally sensitive areas, and continues to stress the need for environmental impact assessments for major development projects and especially for those developments which would impact on the marine environment.

The thrust for the Manual is the need to provide as safe and wholesome environment for the inhabitants of the Turks and Caicos Islands while providing for the development activities which will improve the economy of the Islands. The Manual has been found to be useful to developers applying for development permission and the Department will continue to examine the procedures outlined in the Manual and suggest amendments to the procedures and requirements of the Physical Planning Board where appropriate.

Dept. of Planning Turks and Caicos Islands May 2006

5 TCI Development Manual 28 April 2014

April 2014 Edition This edition of the TCI Development Manual has been updated by Arup under a contract co-financed by the European Union 10th European Development Fund and the Turks and Caicos Government under the EUTCI Hurricane Ike Reconstruction and Rehabilitation Project, administered by the Disaster Recovery Board, Ltd of the Turks and Caicos Islands.

In this edition conflicting clauses between Development Manual and TCI Building Code have been updated. All clauses related to Planning standards have been updated in the Development Manual and where clauses existed in the TCI Building Code previously these have now been deleted and now reference the Development Manual. Clauses related to the Building design standards and building safety have been updated in the TCI Code and where they existed in the Development Manual previously they have been deleted and now reference the TCI Building Code 2014.

This work results from collaboration with the TCI Government Planning Department and consultations with building professionals in the TCI during 2013. Special thanks go to Peach Caley for her help with creating a Word version of the 2006 edition.

6 TCI Development Manual 28 April 2014

INTRODUCTION

7 TCI Development Manual 28 April 2014

INTRODUCTION

BACKGROUND The Physical Planning Ordinance (PPO) is the main statue which controls the development of land. It provides the legal basis for the Planning and Building Regulations which are means through which the Ordinance is enforced. All land development, as defined under the PPO, must comply with the planning requirements of the Ordinance and the Regulations.

The Development Manual contains planning standards for persons wishing to carry out development, including the planning and height requirements for the erection of building or structures, or to carry out other operations as defined in the Physical Planning Ordinance.

The Development Manual is included in the Building Regulations as Schedule 1.

The Manual provides the following: ─

an outline of the process for making applications for development permission and the process for the consideration of applications by the Physical Planning Board. Including the tasks involved the sequences and the decision making.

─

Information required for the consideration of a grant of a building permit, and

─

a description of the standards with which all development should comply.

HOW TO USE THE MANUAL The Manual is divided into fifteen Chapters. Each chapter discusses particular aspects and stages in the process of planning and development, and includes in particular requirements for environmental assessment of projects, the design and testing of components and construction of building systems, information on development standards for residential and commercial developments as well as for special low density areas.

In summary: Chapter 1 gives an outline of the main laws and policies which affect development.

Chapter 2 focuses on the procedures for development applications within the legal framework.

Chapter 3 deals with standards as they relate to residential and non-residential development.

Chapter 4 deals with the special provisions relating to conversation.

Chapter 5 deals with subdivision standards and site development.

8 TCI Development Manual 28 April 2014

Chapter 6 deals with the requirements of advertisements and signs.

Chapter 7 gives standards for the carrying out of environmental impact studies as it has been found that there increasing need for environmental assessments as projects become larger and the fragile environments become threatened.

Chapter 8 and 9 provide information on the construction of beach protection works and private boat docks and mooring facilities Chapter10 provides standards for the design and construction of retaining walls, dredging and reclamation which may be required for land development projects.

Chapter11 provides standards with which developers must comply when applying for development permission for projects in which new building systems will be used.

Chapter 12 deals with the erection of satellite dishes in the Turks and Caicos Islands.

Chapter 13 deals with the requirement for the use of trailers in the Turks and Caicos Islands.

Chapter 14 and 15 provide standards for developments in selected low density areas.

A Glossary of terms used in planning and development which may be unfamiliar or which are used with a particular meaning in this Manual is also provided.

Developers are encouraged to study and comply with the requirements given in this Manual when planning developments for which development permission will be sought.

9 TCI Development Manual 28 April 2014

GLOSSARY

10 TCI Development Manual 28 April 2014

GLOSSARY A brief glossary is represented here of technical terms which may be unfamiliar or which a particular meaning is this Manual. Entries are in alphabetical order from the first letter of the word or group of words

Accessory

In relation to the use of land or a structure, ancillary of subsidiary

Amenity area

An area or areas within the boundaries of a project (intended for leisure purposes) which may include landscaped areas, communal lounges, swimming pool etc

Apartment building

A multiple dwelling comprising three or more dwelling units wit shared entrances and share exits provided for dwelling units located above the first storey.

Arable land

Land which is capable of growing fruit, flowers, forage or vegetable, regardless of the use to which the land is being put or at anytime in the past has been put.

Architect

A person professionally qualified Architect who is registered with an internationally recognized Institution or Regulatory body and who holds Public Indemnity insurance and is approved by the Director to design and supervise the construction of buildings.

Applicant

Any authorized person who intends to carry out development.

Board

The Physical Planning Board appointed pursuant to section 4 of the Physical Planning Ordinance, 1989.

Builder

Structure with a roof.

Building area

Person engaged in erection, construction, alteration, improvement, maintenance or repair of a building.

Commercial development

Development which is not for private residential or agricultural purposes.

Commercial facilities

Development for the provision of good and services on a retail basis, including offices.

Community facilities

Building and land for social, recreational or services activities.

11 TCI Development Manual 28 April 2014

Condominium

A scheme in which any complex of buildings is developed so that each unit is attached to or dependent to a substantial degree on the other units in the scheme for support, shelter or easement for services.

Conversation areas

Areas of high natural productivity such as wetland; areas of natural beauty; areas of ecological, geological, hydro-geological or physiographic significance, area of special scientific interest due to the presence within them of unique flora and fauna; area of to be secured for the public, beaches, national parks, nature reserves, sanctuaries and historic parks.

Grown Land

Land owned or leased by the Crown.

Development

The carrying out of building, engineering, mining or other operations in, on, over or under any land, the making of any material change in the use of any building or land or the subdivision of any land.

Development permission

Permission for development which is given under the provisions of the Physical Planning Ordinance.

Dwelling unit

Self-contained entity capable of human habitation, consisting of one or more rooms and having its own cooking, living and sanitary facilities.

Dwelling house/single family

A building containing one dwelling, designed for and used exclusively as a private residence for one household.

Dwelling house/multi-famil

A residential building or group of attached buildings, other than a hotel in which more than one family may reside.

Dwellings house/detached

A dwelling free standing on its lot with set- backs from all lot boundaries.

Dwelling house/semi-detached A building containing two units, separated by a boundary wall and with each section having a separate entrance.

Dwelling house/duplex

Eaves

Engineer

Two dwelling units one above the other or side by side on the same lot.

The portion of the roof of a structure which projects beyond the exterior building wall or line.

A person who is professionally qualified and registered with an internationally recognized engineering Institution or regulatory body and who holds Public Indemnity insurance and is approved by the 12

TCI Development Manual 28 April 2014

Director to design and supervise the construction of building and civil engineering structures, electrical, mechanical and sanitary installations and systems.

Engineering works

Building and maintenance of roads, runways and bridges, clearing, excavation, dredging, filling of land and water courses and marine work.

Facilities (social)

Building and land for social, recreational or service activities.

Garage

Place where motor vehicles are housed repaired or maintained.

Gradient

Relationship of the vertical distance of a slope to its horizontal distance.

Gross density (Housing)

The number of units per unit area in residential areas including schools, public open space, roads and other facilities.

Guest dwelling

Any building with less than ten rooms designed or constructed for use or occupation for sleeping purpose by family or guest or friends.

Habitable room

Area in a structure for living, sleeping, eating or cooking. Maintenance or utility space, parking garages and similar area are not considered habitable space

Hard surfacing

Surfacing with a hard material such as wood, stone, asphalt of concrete not occurring naturally on the land.

Light industrial Development

Development which involves manufacturing processes which do not affect the amenity of an area by way of the creation of noise, vibrations, fumes, dust. Soot, offensive odours, traffic generation, etc. This definition also includes warehouse.

Heavy industrial development

Development which is incompatible with residential uses due to noise, vibrations, fumes, dust, smoke, soot, grit, offensive odours or excessive traffic generation. It also includes industries where materials are stored, used or created may be potentially combustible or toxic.

Hotel

Any building containing ten or more rooms intended or designed to be used or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by paying guests.

Infrastructure

Roads, water, sewerage, solid waste disposal system, electricity, telephones, basic installations on which urban development depends.

Landscaping

The provision and maintenance of trees shrubs and plants in prescribed area.

Land reclamation

Relates to the filling of any land, pond or body of water 13

TCI Development Manual 28 April 2014

Neighbourhood

An area whose inhabitants share certain social facilities. They are usually designed to minimized walking distances to school and avoid the crossing of major roads by children.

Net Density (Housing)

The number of units per acre in residential areas exclusive of schools, public open space and other facilities.

Non-habitable room

A room designed for sanitary facilities, storage or other uses not intended for human occupancy.

Open land development

Development of land so that it remains open to the atmosphere and wholly or substantially preserved in its natural state, including but limited to parkland, arable land, woodland, water conservation areas and beach land.

Plot coverage ratio

The proportion of a plot’s area occupied by all building, including out buildings and garages, expressed as a percentage.

Plot development

The carrying out of construction work within plot boundaries.

Private outdoor living area Area provided for the enjoyment of the residents of a dwelling unit in the form of, for instance, a private garden, courtyard, patio, terrace or balcony.

Privacy zone

Public facilities

Buffer zone which provides privacy from passers by for use of occupants of apartments or row house (town houses) and may be counted as part of required set back.

Services, such as, schools, health clinics, places of workshop, community centres, required by the community.

Public right-of –way

Any street, alley, pedestrian way, bridge easement, or other way in which the public has a right of use for passage.

Right –of-way

The total width of a road and its associated pavements, sidewalks and reservations.

Restaurant

A commercial establishment for the sale of food and refreshment; and eating house.

Roadway

The portion of a right-of-way for a street, highway or alley, designed or used to accommodate the movement of motor vehicles.

Seeding and phasing

Number of lots that are to be developed within a given time period in a specific subdivision.

Set-back

The distance of the forward most part of the erection from any of the property boundaries. This distance is to kept free of the erections for purposes of road widening, privacy, light and air, fire prevention etc.

14

TCI Development Manual 28 April 2014

Service station

Shop for sale of petroleum and petroleum products, and where motor vehicles are washed and lubricated. Vehicle maintenance and repair may be carried out at the service station.

Shop

Building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail and includes building used for the purpose of a hairdresser, travel agency, or as the reception office for goods to be washed, cleaned or repaired; but does not include a building used for the purposes of a funeral parlour, garage service station, office, bank, betting shop, restaurant or other place for the sale of prepared food, hotel or other places for the sale of intoxicating liquors for consumption on the premises, lumber yard, or premises for sale of building material, or motor vehicle parts or accessories.

Sidewalk

Raised portion of pavement structure constructed as pedestrian way and having a barrier-type kerb wall adjacent to the roadway.

Lot defined under the Registered Land (Strata Titles) (Amendment) Ordinance No. 15 of 1983.

Strata lot

Street cul-de-sac

A street which is designed to remain permanently closed at one end, With the closed end terminated by a vehicular turn-around. For the purposes of these recommendations, the length of a cul-de-sac street shall be measured from centre line of the intersecting street to the centre of the radius of the turn-around.

Street furniture

Fittings and fixtures installed in streets such as lamp posts, fire hydrants, street signs, benches, etc.

Storey

Single floor or level of use within a building.

Structure

Anything constructed or erected with a fixed location on the ground, or attached to something having or requiring a fixed location on the ground.

Subdivision

Improved or unimproved land or lands divided or proposed to be divided into two or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, transfer of title or interest in, any or all such parcels, and shall include resubdivision, and when appropriate to the context, shall relate to the process of subdividing of the land or territory subdivided.

Tee-junction

A junction at which one road ends on another (usually a more important road) in the form of a “T�.

Utilities

Physical services, such as water, sewerage and electricity but excluding roads.

15

TCI Development Manual 28 April 2014

Upgrading

The provision of amenities, utilities and proper road and surface drainage informal settlements (slums and shanties).

Wetlands

An area of marsh, fen, peatland or water whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 19.7 feet

Yard

Total lot space not occupied by building; back, front and side yards refer to parts of the yard in relation to the main buildings.

Y-junction

Roadway in which all three legs are of equal importance.

16 TCI Development Manual 28 April 2014

CHAPTER 1 GENERAL REQUIREMENTS AND POLICIES

17 TCI Development Manual 28 April 2014

CHAPTER 1 GENERAL REQUIREMENTS AND POLICIES

Table of contents

1.1

LAWS AND REGULATIONS

1.1.1 1.1.2

The Physical Planning Ordinance Standards for special areas

1.2

CONFORMITY WITH DEVELOPMENT PLANS

1.2.1 1.2.2

National Physical Development Plan Development proposals to confirm to the Development Plans

1.3

LAND USE ZONING PLANS

1.4

SOCIAL AMENITIES

1.5

ENERGY CONSERVATION

1.6

STORAGE OF CONSTRUCTION DEBRIS AND OTHER MATERIAL

1.7

STORAGE OF SOLID WASTE

1.8 1.8.1

BUILDINGS Buildings with Metal Cladding

1.9

DEMOLITION

1.10 1. 10.1 1. 10.2 1. 10.3

OTHER REQUIREMENTS General Healthy environment must be provided Consultation with the Department of Planning

18 TCI Development Manual 28 April 2014

CHAPTER 1 GENERAL REQUIREMENTS AND POLICIES 1.1

LAWS AND REGULATIONS

1.11

The Physical Planning Ordinance a)

b)

1.12.

The Physical Planning Ordinance is the main statue which controls the development of land. The Ordinance provides for the preparation, consideration and approval of development plans as statutory documents to guide physical developments and the making of Regulations to effectively carry out provisions of the Ordinance. It makes provisions for interalia the preparation of: ─

Building Regulations

─

Building Preservation Orders

─

Interim Building Preservation Orders

─

Plant Preservation Orders and

─

Amenity Orders

The Ordinance also provides the legal basis for areas of environmental significance to be declared conservation areas

Standards for special areas The following Standards for development in special areas and in environmentally sensitive areas should be observed: ─

Standard for satellite receiving systems;

─

Standards for development in Chalk Sound and in Leeward Government subdivisions;

─

Standards for construction of small private docks;

─

Restriction of the use of timber framed exterior walls for residential or commercial construction in low density areas: 19

TCI Development Manual 28 April 2014

─

The important and use of trailers

─

Construction of sea protection works

─

Requirements for environmental impact assessments

1.2

CONFORMITY WITH DEVELOPMENT PLAN

1.2.1

National Physical Development Plan

1.2.2

1.3

a)

The National Physical Development Plan and development plans for whole or specified parts of the Islands provide the framework for a national pattern for the spatial distribution of economic activities.

b)

In general a development plan seeks to: ─

establish principles and policies which it considers should govern the regulation and control of development in the area,

─

specify and allocate sites for different types of development,

─

designate areas which for environmental, ecological, aircraft safely or other similar reasons should not be developed, and to

─

propose the preservation of buildings for architectural, cultural or historical reasons

Development proposals to conform to the Development Plans a)

Development proposals should conform with physical development policies set out in Development Plan for Grand Turk, Providenciales, North Caicos, South Caicos, Middle Caicos and Salt Cay, and other plans where these exist. In islands where no Development Plan exists, development should conform with the physical planning Standards of Government as set out in the National Physical Development Plan.

b)

Applicants should be fully aware of the above mentioned Development Plans so that their development as planned will be in accord with Government’s policy.

LAND USE ZONING PLANS The land use zoning plans form part of the development plans prepared for the Turks & Caicos Islands and shall be complied with during the planning stages of any

20 TCI Development Manual 28 April 2014

development. Decisions on applications for development permission will depend on compliance with the land uses zoning plans. (Ref:.S27, Physical Planning Ordinance)

1.4

SOCIAL AMENITIES Conditions of approval with respect to large housing developments will require that adequate space be reserved for certain basic social amenities, and that the amenities should be developed and /or constructed simultaneously with the housing units. Such amenities may include playing fields and/or multi-purpose building which could be used for community centres, or for other public purposes.

1.5

ENERGY CONSERVATION In order to minimize fuel consumption and travel between communities, consideration should be given to the proximity of the proposed development to built up areas and main roads. Buildings should be positioned so as to maximize the use of the prevailing winds for natural ventilation and hence reduce the dependency on mechanical ventilation.

1.6

STORAGE OF CONSTRUCTION DEBRIS AND OTHER MATERIAL Storage of the construction debris and other waste construction material from any development shall be by means of freight containers which must be removed from the construction site within one month of the satisfactory completion of the construction work as determine by the Director and prior to the issue of an occupancy certificate. (Refer to the TCI Building Code 2014 Section 605).

1.7

STORAGE OF SOLID WASTE (See Section 10 of the TCI Building code 2014) Adequate facilities shall be established to the satisfaction of the Director for the storage of garbage on any site during construction and prior to its disposal at a public dump or at any other location approved by the Department of Environmental Health.

1.8

BUILDINGS All buildings shall be constructed in accordance with the requirements of the TCI Building Code 2014).

1.9

DEMOLITION Written permission must be sought and obtained from the Director prior to demolition of any structure. Refer to TCI Building Code 2014 Section 602.

21

TCI Development Manual 28 April 2014

1.10

OTHER REQUIREMENTS

1. 10.1

1.10.2

General a)

Conformity to the provisions of this Manual does not exempt anyone from any legal requirement or obligation under the Physical Planning Ordinance.

b)

Before acquiring land for development or preparing development plans and drawing, developers should seek guidance from the Department of Planning or from experienced professionals on the provisions in the Physical Planning Ordinance and its Regulations which may affect the development plans proposed.

c)

In considering an application for development in an area, adjacent parcels of land belonging to different owners may also be taken into consideration, if considered necessary. In such a case, the design of the subject application will be correlated with the future development of the adjacent property.

Healthy environment must be provided No development will be authorized in which the proposal will not provide a healthy environment, or in which the land does not meet the necessary conditions for the erection of the proposed buildings and structures, unless the applicants shows in writing what steps will be taken to make the land suitable for the development under consideration.

1.10.3

Consultation with the Department of Planning It is recommended that all developers when planning developments consult with the Department of Planning for the following reasons: ─

to save the applicant time and money in preparing detailed layout plans which subsequently may prove to be unacceptable,

─

to discuss the proposed layout and design concept with the Director so that the maximum advantage can be taken of the facilities available, and to ensure that the development will be in accord with the Physical Development plan and the regulations governing such developments.

─

to ensure that the design of the development will be of such a standard that it is unlikely to deteriorate prematurely.

22 TCI Development Manual 28 April 2014

23 TCI Development Manual 28 April 2014

CHAPTER 2 PROCEDURES FOR DEVELOPMENT PERMISSION

24 TCI Development Manual 28 April 2014

CHAPTER 2 PROCEDURES FOR DEVELOPMENT PERMISSION Table of Contents 2.1

LEGAL BASIS

2.1.1 2.1.2 2.1.3 2.1.4 2.1.5

General Definition of development Works excluded Permitted development Referral to the Governor

2.2

MODIFICATION OR REVOCATION OF DEVELOPMENT PERMISSION

2.2.1

General

2.2.2

Notice for modification or referral

2.3

MINISTER’S CERTIFICATE OF APPROVAL

2.4

ENFORCEMENT NOTICES

2.4.1 2.4.2

Serving enforcement notices Director may enter land

2.5

APPEALS

2.5.1 2.5.2

Enforcement notice Applicants to acquaint themselves with the conditions of the notice

2.6

TYPES OF APPLICATIONS AND PROCEDURES

2.6.1 2.6.2 2.6.3

Purposes for which development permission may be granted Regulations Applicants to be informed

2.7

OUTLINE DEVELOPMENT APPROVAL

2.7.1 2.7.2 2.7.3 2.7.4 2.7.5 2.7.6

Purposes of the Outline Development Approval An environmental impact assessment may be required Developers to discuss proposals with the Director Time limit for granting of Outline Development Approval Fee to be paid Documents required 25

TCI Development Manual 28 April 2014

2.7.7 2.7.8 2.7.9 2.7.10

Special Requirements for some projects Advertisement of applications Further information may be requested Conditions of grant of Outline Development Approval

2.8

DETAILED DEVELOPMENT PERMISSION

2.8.1 2.8.2 2.8.3 2.8.4 2.8.5 2.8.6

General An environmental impact assessment (EIA) may be required Documents required Special Requirements for some projects Advertisement of applications Grant of permission

2.9

CHANGE OF USE

2.9.1 2.9.2

General Documents required

2.10

SUBDIVISION OF LAND

2.11

BUILDING PRESERVATION ORDER

2.11.1 2.11.2

Director to make provision for preservation orders Interim plant preservation order

2.12

PLANT PRESERVATION ORDER

2.12.1 2.12.2

Director to make provision for plant preservation order Interim plant preservation order

2.13

AMENITY ORDER

2.14

BUILDING PLANS

2.14.1 2.14.2 2.14.3

Building permit must be obtained Turks and Caicos Islands Building code Plans to be deposited

2.15

BUILDING PERMITS

2.16

COMMUNICATIONS

2.16.1 2.16.2

Applicant to furnish additional information when required Investigation of development proposals 26

TCI Development Manual 28 April 2014

ANNEX 1

SOME TYPICAL CONDITIONAL TO BE OBSERVED 1A – Private Boat Docks 1B – Condominium and Hotel Development with Swimming Pool 1C – Single family dwelling with private boat dock, swimming pool and ancillary facilities 1D – Temporary building (to be used as an office) 1E – Dredging and reclamation (Creation of a marina basin and canals) 1F – Beach replenishment and installation of T-head groynes 1G – Building with multiple bedroom apartments and ancillary facilities 1H – Warehouse and ancillary facilities

27 TCI Development Manual 28 April 2014

CHAPTER 2 PROCEDURES FOR DEVELOPMENT PERMISSION 2.1

LEGAL BASIS

2.1.1

General

2.1.2

a)

Schedule 1 of the Physical Planning (Building) Regulations state “inter alia” that “a person wishing to erect a building or structure, or carry out building operation as defined in the Physical Planning Ordinance 1989, shall comply with an planning standards as may from time to time be contained in and published by the Department of Planning as a Development Manual”

b)

Sections 2 (1) of the Physical Planning Ordinance defines development of land as follows:

Definition of development Development means the carrying out of building, engineering, mining or other operations in, on, over or under the land, the making of any material change in the use of any building or land or the subdivision of any land.

2.1.3

Works excluded Certain works or uses are specifically excluded from the legal definition of “development”.

They include: ─

works of maintenance or alteration which affect only the interior of a building;

─

the use of buildings on land within the curtilage of a dwelling house for the enjoyment of the dwelling house;

─

the use of land for agriculture but not including any building or engineering activity;

─

the erection of certain types of gates and fences less than 3 feet 6 inches high;

─

work carried out by Government for the maintenance of a road; work approved

by Government for the purpose of inspecting, repairing or renewing sewer or electricity mains; and

─

certain types of enlargement, improvement or alteration of a dwelling house as specified in Section 1 (2) of the Ordinance.

28

TCI Development Manual 28 April 2014

2.1.4

Permitted development (See Permitted Development Regulations 1990) Certain classes of development are ‘permitted development” i.e. they are given permission by order of the Governor to undertake: a)

temporary building

b)

erection or placing of moveable structures,

c)

development by Government and other public utilities, and

d)

use of one room in a dwelling house as and office or shop.

These classes and the conditions attached are listed in Schedule 1 of the Permitted Development Regulations.

2.1.5

Referral to the Governor The Governor under section 42 (1) of the Ordinance may instruct the Board to refer to him all development permissions in relation to: a)

certain classes of development and

b)

certain localities and classes.

In such instances the Governor and not the Board shall give decisions.

2.2

MODIFICATION OR REVOCATION OF DEVELOPMENT PERMISSION

2.2.1

General

2.2.2

a)

The Ordinance states that the Board or the Governor after due consideration may revoke any development permission granted, or modify the conditions under which development permission was granted. Such revocation or modification will be communicated in the form of written notice to the individual entitled to the benefit of the permission’

b)

Modification or revocation of development permission may apply to building or any other physical operations before they have been completed or to a change of use before it has taken place.

Notice for modification or revocation A notice for the modification or revocation of development permission will include inter alia: a)

a statement of the reasons for modification or revocation.

29

TCI Development Manual 28 April 2014

b)

information as to the right (if any) to compensation as a result of the modification or revocations; and

c)

the procedures for making a claim for compensation.

Once a modification or revocation notice has been served, the grant of development permission is no longer valid.

2.3

MINISTER’S CERTIFICATE OF APPROVAL In accordance with section 31 of the Ordinance a certificate of approval is required from the Minister responsible for Planning in respect of the following applications� to erect or convert an existing building into a hotel or guest room of more than 10 bedrooms; to increase the provision of sleeping accommodation for guests in a hotel of more than 10 bedrooms; for permission to develop Crown land; for permission to develop more than one subdivision or for the subdivision of land into more than 10 parcels; for permission for development which appear to the Director to involve expenditure exceeding one million United States Dollars, excluding the value of the land required to effect such development; for permission for a development of a type or class which may from time to time be specified by the Governor or the minister.

2.4

ENFORCEMENT NOTICES

2.4.1

Serving enforcement notices Under the provision of the Ordinance enforcement notices may be served where unauthorized development or a breach of one or more of the conditions of the permission or a contravention of a notice of revocation or modification has taken place. Such notices must be served within six years of such unauthorized development or contravention taking place, except that where the change of use is land, there is no time limit restricting the issue of such a notice.

2.4.2

Director may enter land Where a person on whom an enforcement notice has been served fails or refuses to take the action required by the enforcement notice, the Board may authorize the 30

TCI Development Manual 28 April 2014

Director to enter the land with such assistants as may be necessary to take the necessary action to rectify the situation. In such instances expenses incurred in carrying out such actions will be charged to the person on whom the notice is served.

2.5.

APPEALS

2.5.1

Enforcement notice The Ordinance (section 82) states “inter alia� that if an applicant on whom an enforcement notice is served is aggrieved by the decision of the Physical Planning Board with regard to: refusing an application for development permission; modification or revocation of a grant of development permission; imposing conditions on a grant of development permission; requiring the completion of the development within a time limit; issuing an enforcement notice or the terms of such notice; imposing a building preservation order or a plant preservation order; then he/she can appeal to the Minister responsible for Planning within 28 days of receipt of the notification of the decision of the Board..

2.5.2

Applicants to acquaint themselves with the conditions of the notice Applicants should acquaint themselves with the terms and conditions of section 82 of the Ordinance when considering an appeal against a decision of the Board.

2.6

TYPES OF APPLICATION AND PROCEDURES

2.6.1

Purposes for which development permission may be granted Section 28 of the Ordinance states that no person shall carry out development without obtaining prior approval.

In accordance with section 29 development permission shall be granted for the following: a)

Outline Development Approval;

b)

Detailed Development Permission;

c)

Permission to subdivide land;

31 TCI Development Manual 28 April 2014

2.6.2

d)

Permission to display an advertisement

e)

Wells

Regulations Section 89 of the Ordinance provides for the preparation of Regulations for bringing into effect the provisions of the Ordinance. The Physical Planning (Development Permission) Regulations, provides the necessary guidelines for applying for development permission.

2.6.3

Applicants to be informed All applicants for development permission must be informed by the Director of the decision taken on his application within sixty days of receipt of the application by the Director of Planning. Where no decision has been taken within that time the Director must inform the applicant on the progress on the application and a likely date when a decision will be taken.

2.7

OUTLINE DEVELOPMENT APPROVAL

2.7.1

Purpose of Outline Development Approval Outline Development Approval gives an in principle decision to the applicant on the planning elements of the proposed development or on specific matters on which the applicant may require approval before submitting Detailed Development Permission.

Outline Development Approval does not permit any actual development to take place until a grant of Detailed Development Permission has been made in respect of all or part of the same development. Outline Development Approval allows an applicant to find out if a development would be acceptable in principle to the Planning Department, before a fully detailed proposal is put forward, to avoid undertaking expensive and abortive design work.

This type of planning application allows fewer details about the proposed development to be submitted. If Outline Development Approval is granted, further details must be agreed through the Detailed Development Permission process. Outline Development Approval may be sought for single issues (such as access to a site or scale of development) or may deal with all of the following matters:   

Appearance – aspects of a building or place which affect the way it looks, including the exterior of the development.

Means of access – covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site.

Landscaping – the improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees as a screen.

32 TCI Development Manual 28 April 2014

 

Layout – includes buildings, routes and open spaces within the development and the way they area laid out in relation to buildings and spaces outside the development.

Scale – includes information on the size of the development, including the height, width and length of each proposed building.

The Planning Department may grant Outline Development Approval to some elements of a submission and reserve approval on other elements. Any ‘reserved matters’ will have to be resolved either through subsequent Outline Development Approval submissions (which may be made at the applicants discretion), or during the Detailed Development Permission process.

Outline Development Approval is not permission to start work on site. The advice notice will state if any matters have been reserved for later approval during the Detailed Development Permission process. Once the full submission has been processed through Detailed Planning Permission to the satisfaction of the Director and approval granted the applicant can apply for a building permit in order to begin work on site.

Outline development permission applications are generally only appropriate for new build developments outside conservation areas and are not appropriate for changes of use, or for proposals which are within or adjacent to a conservation area.

2.7.2

An Environmental Impact Assessment (EIA) may be required The Director or the Board may require the applicant to submit an EIA of the effect of the development when considering the application for the grant of Outline Development Approval.

2.7.3

Developers to discuss proposals with the Director It is recommended that Developers discuss the proposed project with the Director to determine the extent of the outline application for the particular project which would be acceptable for consideration of the Board.

2.7.4

Time limit for granting Outline Development Approval a)

The Ordinance requires that applicants be informed within 60 days of the receipt of the application of the decision taken on the application. Where development applications have been considered by the Board, the applicant will be informed of the decision of the Board within ten days of the decision having been taken by the Board.

b)

The time limit (usually one year after the granting of Outline Development Approval) is given, within which an application for Detailed Development Permissions must be made, or the application would be considered as having

33 TCI Development Manual 28 April 2014

lapsed or ceased. The applicant may apply however, for an extension of outline permission within a year of such permission having been granted.

2.7.5

Fee to be paid A specified fee is payable in respect of each application.

2.7.6

Documents required The documents and information required by the Board for consideration of an outline application are as follows: a)

Application form completed in triplicate and signed by the applicant or his agent; the profession or occupation of the agent must be stated;

b)

Site Location plan; (3 sets required)   





c)

Show direction of north.

Show the proposed development in relation to the surrounding properties.

The map must be based on up to date information and an identified standard metric scale (typically 1:1250 or 1:2500) or equivalent imperial scale The site of the proposed development needs to be outline in red and any other land owned by the applicant that is close or adjoining the site needs to be outline in blue.

The plan should include land necessary to carry out the proposed development (e.g. land required for access to the site from a public highway, visibility splays, car parking and open areas around buildings.

Site plan; (3 sets required) 



A plan based on the Register block plan drawn at an identified standard scale (1 inch to 40 foot or 1/16 inches to the foot) or equivalent metric scale (1:500 or 1:200).t It should accurately show: o The indicative layout of the site including buildings, the uses proposed routes and open spaces. o The plan must also show the area or areas at which the access points to the site are proposed. o The details submitted with the application must also include the scale parameters - an indication of the height, width and length of each building proposed o Any trees or public rights of way affected by the development should be shown.

34 TCI Development Manual 28 April 2014

d)

Layout of the site; (3 sets required) – where approval of the “layout” is sought at this outline stage.  

e)

Access to the site; (3 sets required) – where approval of the “access” is sought at this outline stage.  

f)



g)

Minimum ¼ in. or 1/8 in. to the foot or equivalent metric scales with figured dimension plans These should show any elevations that would be created or altered by the development. These should include proposed building materials and the style and materials of windows and doors.

Existing and Proposed Floor Plans (3 sets required) – where approval of the “appearance” or “scale” of the buildings is sought at this outline stage; OR where new buildings are proposed in a conservation area.

 

Minimum ¼ in. or 1/8 in. to the foot or equivalent metric scales with figured dimension plans These should show the uses of the floor space

Existing and Proposed Roof Plans (3 sets required) – where approval of the “appearance” of the buildings is sought at this outline stage and the roof details are not evident from the elevations; OR where new buildings are proposed in a conservation area.  

i)

Minimum 1/16 in. to the foot or equivalent metric scales Detailed plans showing the access to and within the site for vehicles, cycles and pedestrians and how these fit into the existing access network.

Proposed Elevations (3 sets required) – where approval of the “appearance” or “scale” of the buildings is sought at this outline stage; OR where new buildings are proposed in a conservation area.



h)

Minimum 1/16 in. to the foot or equivalent metric scales The detailed location of buildings, routes and open spaces included in the development. The uses of the proposed buildings and spaces.

Minimum ¼ in. or 1/8 in. to the foot or equivalent metric scales with figured dimension plans The shape of the roof, including any areas cut-away or proposed to be used for balconies or seating.

Site Section/ levels (3 sets required) – where approval of the “appearance” or “scale” of the buildings is sought at this outline stage; OR where new buildings are proposed in a conservation area.

35 TCI Development Manual 28 April 2014



Minimum ¼ in. or 1/8 in. to the foot or equivalent metric scales with figured dimension plans These should show existing and proposed site levels, and finished floor levels, with levels related to a defined datum point



j)

Landscaping plan; (3 sets required) – where approval of the “landscaping” is sought at this outline stage.  

Minimum 1/16 in. to the foot or equivalent metric scales The detailed location of open spaces included in the development for protection and improvement of the site and surrounding areas.

k)

The appropriate fee;

l)

The appropriate Certificate in respect of payment or non-payment of the fee;

m)

i)

A letter from the owner of the land and certificate of title.

ii)

If applicant is not the owner, a letter from the owner stating awareness of application and a copy of land register indicating ownership.

iii)

In the case of Crown Land a copy of an up to date lease.

n)

The purpose of the development must be stated – eg. Dwelling house, restaurant hotel, store etc, and

o)

Other requirements such as the type and siting of waste disposal systems, availability of electricity and other basic requirements which Director may consider as being applicable for the particular development

p)

Design and Access Statement (DAS) A DAS statement is a short report accompanying and supporting a planning application. It provides a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.

A DAS is required for; (a) A development which is major development; (b) Where any part of the development is in a designated area, development consisting of; (i) The provision of one or more dwellings/houses; or (ii) The provision of a building or buildings where the floor space created by the development is 100 square metres or more. (c) Where a development is in a conservation area

36 TCI Development Manual 28 April 2014

Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a DAS. The DAS is about; (a) The design principles and concepts that have been applied to the development; and (b) How issues relating to access to the development have been dealt with.

A DAS shall; (a) Explain the design principles and concepts that have been applied to the development; (b) Demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account; (c) Explain the policy adopted as to access, and how policies relating to access in relevant local development documents have been taken into account; (d) State what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation; and (e) Explain how any specific issues which might affect access to the development have been addressed.

2.7.7

Special Requirements for some projects Annex 1 provides some typical conditions to be observed in special developments.

2.7.8

Advertisement of applications In accordance with Section 7 of the Development Permission Regulations the Director shall in case of applications listed in Schedule 2 of the Development Permission Regulations, and may in the case of any other application, require the applicant to advertise the applications before it is considered by the Board. Information on the statutory requirements for advertising developments is given is Schedule 2 of the Development Permission Regulations.

2.7.9

Further information may be requested The Director may request further information to be given in respect of an application before it is finally processed.

37 TCI Development Manual 28 April 2014

2.7.10

Conditions of the grant of Outline Development Approval Outline Development Approval may be granted conditionally or unconditionally or may be refused by the Board. The applicant has the right of appeal to the Minister responsible for Planning against the decision of the Board with respect to the refusal of the application or the imposition of conditions on the grant of the Outline

Development Approval.

38 TCI Development Manual 28 April 2014

2.8

DETAILED DEVELOPMENT PERMISSION

2.8.1

General Detailed Development Permission may be made without first applying for Outline Development Approval. Detailed Development Permission refers to applications to develop land including the subdivision of land and for applications to display an advertisement.

All information submitted for Detailed Development Permission must be in accordance with the requirements of this Development Manual.

2.8.2

An Environmental Impact Assessment (EIA) may be required The Director or the Board may require the applicant to submit an EIA of the effect of the development when considering the application for the grant of Detailed Development Permission.

2.8.3

Documents Required The documents and information required by the Board for consideration of a detailed development application are as follows: a)

Application form completed in triplicate and signed by the applicant or his agent; the profession or occupation of the agent must be stated;

b)

Site Location plan; (3 sets required)   

c)

Show direction of north.

Show the proposed development in relation to the surrounding properties.

The map must be based on up to date information and an identified standard metric scale (typically 1:1250 or 1:2500).  The site of the proposed development needs to be outline in red and any other land owned by the applicant that is close or adjoining the site needs to be outline in blue.  The plan should include land necessary to carry out the proposed development (e.g. land required for access to the site from a public highway, visibility splays, car parking and open areas around buildings.

Site plan; (3 sets required) 

 

A plan based on the Register block plan drawn at an identified standard scale of 1 inch to 40 foot or 1/16inches to the foot; or equivalent metric scale (1:500 or 1:200).

Show direction of North; Show boundaries of the site.

39

TCI Development Manual 28 April 2014

         

d)

Show the position of existing and proposed buildings (and any extensions to existing buildings proposed) in relation to the site boundaries, with written dimensions including those to the boundaries; Show the proposed use of each building (existing and proposed) and of any land not built on; Shows the area of the site in acres and square feet or hectares and square meters; Show outline of storm drainage, disposal of waste water and sullage, septic tank and drain field or soakaway pit; Show proposed connection to public utilities; Show means of sewage disposal; Show car parking provision if appropriate; Show details of landscaping, on major proposals; Show location of existing and proposed power line, telephone lines and water pipelines.

The following may be required, unless these would NOT influence or be affected by the proposed development: o all the buildings on land adjoining the site including access arrangements o the position and width of roads and footpaths on land adjoining the site o all public rights of way crossing or adjoining the site o the position of all trees on the site, and those on adjacent land o the extent and type of any hard surfacing; o and boundary treatment including walls or fencing where this is proposed

Existing and proposed floor plans (3 sets)    

e)

Minimum scale of ¼ in. or 1/8 in. to the foot or equivalent metric scales.

Plans should be proportionate to the nature and size of the proposal, titled and numbered and annotated with dimensions and scale bar.

They should show clearly the proposed works in relation to what is already there, highlighting any structures to be demolished.

All spaces shown in the floor plans must be properly labeled to indicate the size and use of each space.

Existing and proposed Elevations (3 sets)  



Minimum scale of ¼ in. or 1/8 in. to the foot or equivalent metric scales.

Elevations should be proportionate to the nature and size of the proposal, titled and numbered and annotated with dimensions and scale bar.

They should show clearly the proposed works in relation to what is already there, highlighting any structures to be demolished.

40

TCI Development Manual 28 April 2014



f)

Elevations should clearly show storey height, total building height and number of storeys.

Existing and proposed Sections (3 sets)  

 

Minimum scale of ¼ in. or 1/8 in. to the foot or equivalent metric scales.

Elevations should be proportionate to the nature and size of the proposal, titled and numbered and annotated with dimensions and scale bar.

They should show clearly the proposed works in relation to what is already there, highlighting any structures to be demolished.

Sections should clearly show storey height, total building height and number of storeys.

g)

The appropriate fee must accompany each application for Detailed Development Permission.

h)

The appropriate Certificate in respect of payment or non-payment of the fee;

i)

Where the Director has assessed that the total estimated floor space and cost of the development as stated in the application is not accurate, he will notify the applicant of the particulars of underpayment of the fee, which is based on the estimated cost of the development. The applicant has the right to appeal. The appeal must be made in triplicate on the prescribed form and must be made within fourteen days of receipt of the notice of assessment.

j)

i)

letter from the owner of the land and certificate of title.

ii)

If applicant is not the owner, a letter from the owner stating awareness of application and a copy of land registry indicating ownership.

iii)

In the case of Crown Land a copy of an up to date lease.

k)

The purpose of the development must be stated – eg. Dwelling house, restaurant hotel, store etc, and

l)

The type and siting of waste disposal systems, availability of electricity and other basic requirements which Director may consider as being applicable for the particular development.

m)

Design and Access Statement (DAS) DAS statement is a short report accompanying and supporting a planning application. It provides a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.

41

TCI Development Manual 28 April 2014

A DAS is required for; (a) Development which is major development; (b) Where any part of the development is in a designated area, development consisting of; (i) the provision of one or more dwellings/houses; or (ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more. (c) Where a development is in a conservation area Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a DAS. The DAS is about; (a) The design principles and concepts that have been applied to the development; and (b) How issues relating to access to the development have been dealt with.

A DAS shall; (a) Explain the design principles and concepts that have been applied to the development; (b) Demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account; (c) Explain the policy adopted as to access, and how policies relating to access in relevant local development documents have been taken into account; (d) State what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation; and (e) Explain how any specific issues which might affect access to the development have been addressed.

2.8.4

Special Requirements for some projects Annex 1 provides some typical conditions to be observed in special developments.

2.8.5

Advertisement of applications In accordance with section 7 of the Development Permission Regulations the Director shall in case of applications listed in Schedule 2 of the Development Permission Regulations, and may in the case of any other application, require the applicant to advertise the applications before it is considered by the Board. Information on the statutory requirements for advertising developments is given is Schedule 2 of the Development Permission Regulations.

42 TCI Development Manual 28 April 2014

2.8.6

Grant of Permission a)

The Ordinance requires that applicants be informed within 60 days of the receipt of the application of the decision taken on the application. Where development applications have been considered by the Board, the applicant will be informed of the decision of the Board within ten days of the decision having been taken by the Board

b)

Detailed development permission may be granted conditionally, unconditionally or refused. The applicant has the right of appeal. A time limit of 3 years is imposed after the grant of development permission, within which the applicant must commence development or apply for an extension of time on the prescribed form.

c)

Where detailed development permission provides for different parts of the development to commence at different times, each phase of the development will be considered as a separate development with different time limits for the start up date of each phase.

d)

An applicant may make a request to the Director for clarification of any decision with respect to development permission, and if not satisfied with the explanation, request that Director place the “request for clarification“ on the agenda for the next meeting of the Board.

e)

Under Section 40 (1) of the Ordinance the Director, acting on behalf of the Board may approve a mirror variation of development permission. Where however, the Director is of the opinion that the variation is not a minor one he shall inform the applicant in writing that the request will be submitted to the Board.

f)

The Physical Planning (Development Permission) Regulations, specify, that the Director shall keep a register of all applications indicating the manner in which applications have been dealt with.

g)

Applicants must be aware that for the purposes of legal rights and liabilities, a decision is made by the Board when it is notified to the applicant on the prescribed form. Only decisions so notified are valid.

43 TCI Development Manual 28 April 2014

2.9

CHANGE OF USE

2.9.1

General

2.9.2

a)

Under the Physical Planning Ordinance, any material change of use of any building or land requires development permission.

b)

In applying for change of use of a building, the applicant must complete the form “Applications for Development Permission” and submit it with relevant drawings to the Director of Planning. If the application is refused by the Board or approved by the Board with conditions, the applicant has the right of appeal to the Minister on the prescribed form. It must be noted that the use of of the land must be in accordance with the land use shown in Development Plan.

Documents required Documents and information necessary to support an application for change of use are: completed development application forms and any relevant plans (in triplicate) location and site plan, and if applicable, in the case of change of use of part of a building, floor plans. advertisement and notices of application showing that the adjoining resident have been informed of intended change of use in accordance with regulation 7 of the Development Permission Regulations.

2.10

SUBDIVISION OF LAND Section 2 (1) of the Physical Planning Ordinance, defines subdivision as: “subdivide in relation to land means to divide a parcel of land into two or more parcels”.

Chapter 5 outlines the development standards to be observed in planning subdivisions.

2.11

BUILDING PRESERVATION ORDER

2.11.1

Director to make provision for preservation orders Under Section 54 the Physical Planning Ordinance, the Director of Planning, if so directed by the Minister of the Board shall make provision for the preservation of buildings of historical, architectural, cultural or landscape significance under the Building Preservation Orders.

44 TCI Development Manual 28 April 2014

2.11.2

Interim building preservation order In any case where the Director considers that the urgency of the matter and significance of the building or group of buildings warrants, he may make an Interim Building Preservation Order in accordance with the Ordinance. The Order should be confirmed by the Minister as soon as possible thereafter. The Order has the right of appeal.

2.12

PLANT PRESERVATION ORDER

2.12.1

Director to make provision for plant preservation order Section 56 of the Ordinance provides for the preservation of any plant or group or species of plant through the making of a Plant Preservation Order by the Director on instructions from the Minister or the Board.

2.12.2

Interim plant preservation order In any case where the Director is satisfied that the making of a Plant Preservation Order is a matter of urgency he make an Interim Plant Preservation Order. It is a requirement of the Ordinance that the Order be confirmed by the Minister.

2.13

AMENITTY ORDER a)

The Minister may issue an Amenity Order pursuant to Section 58 of the Ordinance in cases where development of land is unsightly and injurious to the amenities of the area or where it is likely to be offensive to persons residing in the immediate neighborhood. In the case of Crown the Amenity Order is issued by the Governor.

b)

Any person who is served an Amenity Order and fails to take action as specified in the Order may have his premises entered into and the work specified carried out on instructions of the Director of Planning. Cost incurred will be borne by the person in default.

2.14

BUILDING PLANS

2.14.1

Building permit must be obtained Part VIII of the Physical Planning Ordinance, states that no person shall commence the construction of a building without first obtaining a Building Permit in respect of that building.

45 TCI Development Manual 28 April 2014

2.14.2

Turks and Caicos Islands Building code a) Part VIII of the Ordinance also provides the legal basis for the preparation of Building Regulations. The Turks and Caicos Islands Building code 2014 consists of the following    

Part 1 – Public Safety Administration, General Requirements and Fire Safety Part 2 – Public Health Building Services Design and Standards Part 3 – Structural Safety Building Structures Design and Standards Part 4 – Energy Code Environmental Sustainability

b) It is the function of the Director to enforce Building Regulations, and any Building plans of any proposed work must be in accordance with the Turks and Caicos Islands Building Code and Building Regulations.

2.14.3

Plans to be deposited a)

2.15

In accordance with section 69 of the Ordinance, where plans have been deposited with the Director, he shall pass the plans provided they are not defective and do not contravene any provision of the Building regulations and other requirements of the Ordinance. If the Director does not consider that the plans can be passed he shall refer the plans to the Board together with his advice thereon.

BUILDING PERMITS Refer to the TCI Building Code 2014 Section 106

2.16

COMMUNICATIONS

2.16.1

Applicant to furnish additional information when required In accordance with section 32 of the Physical Planning Ordinance, the Director may by written notice require an applicant for development permission to furnish such further information considered necessary to give proper and full consideration to the application. The Ordinance does not stipulate the time within which the Director should request this information.

46 TCI Development Manual 28 April 2014

2.16.2

Investigation of development proposals The examination of a development application may require extended research to ensure that the application meets with the development and environmental standards approved by the Board. The request for further information may become necessary only after a great deal of investigation has been carried out. Applicants will be informed in writing of the receipt of the application and if additional information will be required.

The nature of the additional information will be explained to the applicants.

47 TCI Development Manual 28 April 2014

ANNEX 1 SOME TYPICAL CONDITIONS TO BE OBSERVED Annex 1A – Private Boat Docks

1.

Finger docks are not allowed because finger docks project into the aquatic environment, impacting negatively on environmentally sensitive areas. Secondly, they affect the flow of currents and encourage changes in the movement of material.

2.

The impact of finger docks is also a visual one; they are very intrusive and therefore noticeable.

These visual intrusions cannot be allowed in high profile development areas. Docks that are constructed parallel to the property or coastline can be make to be more compatible with the physical environment and hence lead to less negative environmental impact. Given the aforementioned, the proposed finger dock shall be deemed as refused and a dock parallel to the coastline shall be constructed instead.

3.

The storage of fuel and/or refueling of boats at the dock is strictly prohibited.

4.

The stockpiling and storage of fill on the parcel is strictly prohibited. The fill shall be removed from the parcel prior to use of the proposed dock.

5.

All area(s) affected by construction shall be properly restored to the satisfaction of the Director of Planning prior to use of the dock.

6

The storage of machinery, articles or materials of whatever kind on the parcel that appears unsightly and injurious to the area shall be strictly prohibited. Failure to comply shall result in enforcement procedures, including penalties, being initiated in accordance with the provisions of the Physical Planning Ordinance, 1989 and Regulations made thereunder.

7.

Full compliance shall be demonstrated with all the conditions of this grant of development permission prior to the issuance of any building permit, partial or otherwise.

48 TCI Development Manual 28 April 2014

Annex 1B – Condominium and Hotel Development/ Swimming Pool 1

The construction of a condominium hotel development of seven floors is acceptable provided that the height of the buildings does not exceed ninety (90) feet.

2

Given the height of the proposed buildings, potential shadowing effect on the beach, size and type of development and associated excavations, the minimum allowable building setback distance measured from the vegetation line along the coast for any development shall be 110 feet. Swimming pools, decks, gazebos and other small structures may be allowed at a less building setback distances than the aforementioned.

3

Given the height of the proposed buildings the minimum allowable setback distance measured from the side parcel boundaries shall be fifteen (15) feet.

4

The minimum allowable building setback distance for all development measured from roadside parcel boundaries shall be thirty (30) feet Building setback distances shall be measured from the further projection of any building, including stairways, balconies, roof overhangs, window projections or verandahs.

5

All development, with the exception of the two(2) boardwalks to allow access to the beach, shall be sited with the confines of the parcel boundaries and setback from the various parcel boundaries not less than the stipulated measurements.

6

The minimum allowable building setback distance between any of the condominium/hotel buildings on the parcel shall be thirty-five (35) feet. The aforementioned is in keeping with the provisions of Section 3.5.2 (e), of the Development Manual 1999.

7

Section 5.12, of the Development Manual, 1999 relating to driveways and walkways shall be complied with.

8

Section 3.1.6 (Table 3-2), 3.1.7 and 3.1.8 (Table 3-3), of the Development Manuel, 1999 shall be complied with.

9

Parking shall be provided with concrete kerbs and grassed areas and clearly defined. Parking spaces shall be 8 feet in width by 18 feet in length and painted with white or yellow fluorescent paint. The aisle for maneuvering shall be a minimum width of 18 feet.

10

All parking and vehicular access areas shall be constructed of well-compacted fill and asphalt surfaced.

11

Lighting shall be provided and strategically located in parking areas.

12

For the purposes of issuing of certificate(s) of occupancy, the applicant shall indicate how the proposed development will be phased over the entire acreage.

49 TCI Development Manual 28 April 2014

13 The proposed boardwalks shall be sited so as to have minimal adverse effects on the natural features of the dune. Drawing indicating how the applicant plans to erect the boardwalk shall be submitted. Primary dunes shall not be leveled, breached, altered or undermined.

14

Primary dune vegetation shall not be disturbed or destroyed. Supplementary landscaping and planting shall be provided as much as possible. Drawings indicating how the applicant plans to preserve the dunes and dune vegetation shall be submitted.

15

Where it is proposed that water from the mains be the primary means of water supply to the proposed development, adequate back up for at least three (3) days shall be provided against the possible breakdown of the primary supply and shall be stored in a reinforced concrete to be in full working order at all times. For adequacy of water supply, the provisions of 702 of the TCI Building Code 2014, shall be complied with.

16`

Boundary walls or other means of enclosure shall not exceed the height of three (3) feet, six (6) inches unless approve otherwise by the Physical Planning Board in accordance with the Physical Planning Ordinance, 1989 and Regulations made thereunder.

17

Provisions for lighting and ventilation and fire alarm and suppression systems shall be provided in accordance with the provisions of the TCI Building Code, 1998. Fire alarm and suppression systems must be inspected regularly and routinely.

18

Kitchens in restaurant areas must be provided with self-closing doors or fitted with spring loaded hinges in order that the doors separating these areas from other parts of the building remain closed at all times.

19

Central AC system(s) shall be used in all areas of the proposed development and shall be designed in accordance with the TCI Building Code 2014 Section 12.

20

Public Health and aesthetic reasoning and provisions of the TCI Building Code 2014 Section 502.12, requires that a sanitary facility (toilet) shall not open directly onto any room where food or drink is being consumed or prepared. The internal arrangements shall conform to the aforementioned.

21

Kitchens must be connected to properly designed and functional grease traps to contain grease and oils from these areas and eliminate their disposal into the sewage system. The aforementioned shall be carried to the satisfaction of the Chief Environmental Health Officer, TCI Government.

22

There must be both hot and cold water supplied to the bar and kitchen areas.

50 TCI Development Manual 28 April 2014

23

The relevant and necessary detailed drawings and capacity calculations indicating that the proposed mechanical sewage treatment and disposal plant can sufficiently dispose of the wastewater produced by the development shall accompany any detailed planning application for consideration and determination.

24

In accordance with Section 7.3 (Table 7-1), of the Development Manual, 1999 an environmental impact statement shall be carried out in respect of the proposed development.

25

The provisions of Section 7, of the Development Manual, 1999 shall be adhered to.

26

During the period of construction of the proposed development, temporary hoarding shall be erected around any phase(s) of construction for public safety and amenity reasons. The hoarding shall be erected to the satisfaction of the Director of Planning,

27

Prior to the issuance of any occupancy certificate(s), temporary or otherwise, all temporary hoarding, freight containers, site buildings, plant and machinery and all other construction related articles or materials of whatever kind shall be removed from the particular phase(s) of development for which the certificate(s) is requested or from the parcel if construction will not commence on a subsequent phase within a 3 month period.

28

All exterior walls of the proposed buildings and party walls or apartment separation walls shall be of 8 inch concrete blocks or 6 inch reinforce concrete construction and built to standards laid down in the latest edition of the TCI Building Code.

29

During operation of the development, rubble, waste abandoned and/or derelict machinery or articles or materials of whatever of kind shall be prohibited from being stored on the parcel.

30

In accordance with the provisions of, of the TCI Building Code 2014 section 1003, adequate facilities shall be established to the satisfaction of the Director of Planning for the storage of garbage on site prior to collection and disposal.

31

A fully enclosed reinforced concrete structure provided with a gate and of a suitable height to prevent scavenging by wild dogs shall be built for the development and shown on the Site Plan.

32

Sanitary drainpipes shall not be routed through any water cistern(s) or in the slab covering the cistern(s).

33

Adherence to the provisions of Section 3.6.1, of the Development Manual, 1999 shall require all electrical, telecommunication, cable TV and other transmission lines to be placed underground in conduit and to the standards and requirements of the relevant suppliers.

34

Site clearance shall be limited to the specific area(s) of construction.

35

Adherence to the provisions of Section 4.2.3 (a &b), of the Development Manual, 1999 shall require the development site to be properly landscaped and re-vegetated.

51 TCI Development Manual 28 April 2014

36

Any balcony, platform, roof or other external areas, including the perimeters of any swimming pool or deck, which is two (2) feet six (6) inches or more above ground shall be designed in accordance to TCI Building Code 2014 Section 504.8.37 Nuisances whether by noise, dust, smoke fume or other or otherwise shall not be caused to the neighbours on the adjoining parcel(s)

38

Any advertisement sign(s) to be erected on the parcel shall be the subject of a subsequent and separate planning application for consideration and determination by the Physical Planning Board.

39

The finished ground floor level of the proposed building shall be a minimum of 12 inches above finish ground level.

40

. Adequate provisions shall be made and indicated on the plans for the disposal of storm water so that the effect of run-off from the parcel(s) will not materially affect adjoining parcels and road parcels.

41

There shall have full compliance with all the conditions of this Annex prior to the issuance of any building permit(s), partial or otherwise.

42

A Review Consultant as defined in the TCI Building Code 2014 Section 1 shall be engaged by the applicant and approved by the Director of Planning, for Hotels.

52 TCI Development Manual 28 April 2014

Annex 1C – Single Family Dwellings / Swimming Pool and Dock / Pool side Building / Private Boat dock / Ancillary Facilities 1

A development of this nature shall be used solely for private residential purposes and there shall not be any deviation or change of use. All development, including the swimming pool and deck; pool-side building; and wastewater plant shall be located within the confines of the parcel boundaries and the setbacks from the various parcel boundaries not less than the minimum allowable planning standards.

2

The minimum allowable building setback distances measured from the edge of the canal or canal side parcel boundaries, whichever is the greater, shall be thirty (30) feet. A minimum building setback distance inaccordance with 3.5.2e shall be maintained from all other parcel boundaries. Building setback distances shall be measured from the furthest projection of the building, including any verandah, stairway, balcony, deck or roof overhang.

3

The size of the private boat dock should be shown on the site plan. Any cutting/dredging into the parcel from the existing edge of the canal shall extend not more than fifteen (15) feet.

4

Extensive planting of vegetation along the edges of the canal shall be carried out. The aforementioned will help reinforce the stability of the canal edges and improve the aesthetic quality of the area.

5

Vehicular access/egress and site layout shall be shown on the site plan and there shall be deviation from this plan.

6

Prior to the issuance of any occupancy certificate(s), temporary or otherwise, all freight containers, plant and machinery and all other construction related articles or materials of whatever kind shall be removed from the parcel to an authorized location.

7

During operation of the development, rubble, waste, abandoned and/or derelict machinery or articles or materials of whatever of kind shall be prohibited from being stored on the parcel.

8

Sanitary drainpipes shall not be routed through the water cistern or in the slab covering the cistern.

9

Boundary walls or other means of enclosure shall not exceed the height of three (3) feet, six (6) inches unless approve otherwise by the Physical Planning Board in accordance with the Physical Planning Ordinance, 1989 and Regulations made thereunder.

10

In accordance with the provisions of Sections 3.6.1 and 4.2.3 (g), of the Development Manual, all electrical, telecommunication, cable TV and other transmission lines to be placed underground in conduit and to the standards and requirements of the relevant suppliers.

53 TCI Development Manual 28 April 2014

11

Site clearance and construction shall be limited to the single entrance/exit and driveway and to the specific area(s) for the proposed buildings, and the development site shall properly landscaped and re-vegetated.

12

The finished ground floor level of the proposed building shall be a minimum of 12 inches above finish ground level.

13

Any balcony, platform, roof or other external areas, including the perimeters of any swimming pool or deck, which is two (2) feet six (6) inches or more above ground shall be designed in accordance to TCI Building Code 2014 Section 504.8.

14

The proposed “package wastewater treatment plant� must be provided with all ancillary and necessary tertiary treatment facilities, inclusive of chlorinator(s) and holding tank(s) and must be adequately sized to sufficiently dispose of the wastewater.

15

The wastewater treatment plant must have the surrounding ground surface so graded to prevent surface run-off from entering the plant. The cover should not be less than twelve (12) inches above ground level.

16

The applicant shall be responsible for ensuring adequate operation and maintenance of the wastewater treatment plant to the satisfaction of the Chief Environmental Health Officer, TCI Government.

17

The wastewater plant shall require extensive vegetative screening.

18

Full compliance shall be demonstrated with all the conditions of this grant of detailed development permission prior to the issuance of any building permit(s), partial or otherwise.

54 TCI Development Manual 28 April 2014

Annex 1D – Temporary Building (To be used for Office) 1

Development Permission will be granted for only granted for a period of one (1) year from the date of receipt of approval of the application. Development Permission will not be granted for any planning application for extension of time.

2

Within the aforementioned one (1) year construction must start and be completed on the “future administration building” which is to be shown on the site plan. The relevant and necessary development permission(s) and building permit(s) for the aforesaid building must be sought and obtained in accordance with the provisions of the Physical Planning Ordinance, 1989 and Regulations made there under prior to commencement of construction.

3

TCI Building Code requirements relating to lighting, ventilation, fire, fire alarm and suppression systems for offices must be complied with. The aforesaid systems must be regularly and routinely inspected and maintained.

4

Parking shall be provided with concrete kerbs and grassed areas and clearly defined. The parking spaces shall be painted with white or yellow fluorescent paint.

5

All parking and vehicular access areas shall be constructed of well –compacted fill and asphalt surfaced.

6

Any balcony, platform, roof or other external areas, including the perimeters of any swimming pool or deck, which is two (2) feet six (6) inches or more above ground shall be designed in accordance to TCI Building Code 2014 Section 504.8.

7

Any advertisement sign(s) to be erected on the parcel shall be the subject of a subsequent and separate planning application for consideration and determination by the Physical Planning Board.

8

Provisions must be made for storage of solid garbage, preferably in a fully enclosed reinforced concrete structure provided with a gate and of a suitable height to prevent scavenging by wild dogs. Construction details shall be submitted for consideration and determination.

9

The premises and every part thereof shall never appear unsightly and injurious to the amenities of the area.

10

The Board shall reserve the right to have the temporary office demolished at any time for reasons of amenity or public safety.

11

There shall be full compliance with these conditions.

55 TCI Development Manual 28 April 2014

Annex 1E – Dredging and Reclamation (Creation of Marina Basin and Canals) 1

For such developments, there should be a first stage outline application for excavation; fill placement; and compaction to create canals, marina basin and surrounding developable land.

Ancillary and necessary development for the completion of the Marina, including but not limited to: storm water drainage provisions navigational aids (reef markers, light beacons, channel and marine markers), services (water, electrical, waste and other utilities), pump out facilities , hard surfaces (including walkways), fire safety installations, boat slips and docks, fuel storage and facilities, marina and canal edge treatment, and hard & soft landscaping Shall be the subject of separate planning applications for consideration and determination by the Physical Planning Board.

2

The overall time frame for dredging and reclamation shall be submitted for consideration and determination.

3

Operation of the marina basin shall not commence until all ancillary developments, including those specified in condition 1 of this note have been approved by the Physical Planning Board and implemented.

4

An application for subdivision of the land shall be submitted separately for consideration and determination. A minimum of ten (10) percent of the total land area to be subdivided shall be reserved for amenity and recreational purposes. A minimum of 0.5 acres shall be provided around the marina basin for Government for Customs and Police facilities.

5

Where required by the Director of Planning, a separate planning application using the FORM DOP 6 shall be submitted for consideration and determination for combination and subdivision of existing parcels to create the new parcels and marina as per the outline planning application.

56 TCI Development Manual 28 April 2014

6 Areas along the canals where edge treatment may not be proposed, Mangroves shall be planted to the satisfaction of the Director of Planning and Director of Environment & Coastal Resources.

7

The dredging sequencing plan shall be submitted for consideration and determination.

8

The edges of the marina basin shall be of reinforced concrete construction.

9

Dredging of land to create openings to the existing canals and Leeward Going Through Channel shall not commence until completion of dredging of the basin and canals and only with the written approval of the Director of Planning, and Director of Environment and Coast Resources, the plugs shall be removed.

10

Prior to creation of the openings, turbidity curtains shall be installed to shield the existing aquatic areas and must remain in place at all times unless permission is sought and obtained from the Director of Environment and Coastal Resources to have the curtains removed or opened. The installation of the turbidity curtains shall be in accordance with the manufacturer specifications and to the satisfaction of the Director of Environment & Coastal Resources. The applicant and the Director of Environment and Coastal Resources, Turks and Caicos Islands Government shall monitor effectiveness of the turbidity curtains. Conditions resulting in turbidity measurements above acceptable limits shall require all construction to cease until corrections are made.

11

Any temporary site structures/development shall be strictly prohibited unless development permission is sought and obtained from the Physical Planning Board.

12

The depths of the marina basin and canals shall be submitted for consideration and determination.

13

The filling area for future construction shall be well compacted to a minimum of ninety five percent (95%).

14

The Maritime Officer, Turks and Caicos Islands Government must approve the installations of reef markers, light beacons, channel markers and moorings. Reef markers, light beacons and channel markers must be installed immediately upon removal of the turbidity curtains and before operation of the Marina. Lighting inclusive of navigational lighting shall be installed where necessary to ensure user and boat safety. The relevant and necessary drawings shall be submitted for consideration and determination. Consultations shall be made with the Maritime Officer, Turks & Caicos Islands Government.

15

The boundaries of the canals and water basin shall be marked out and defined at all times during construction on the site and inspected by the Director of Planning or designate prior to commencement of dredging operations.

57 TCI Development Manual 28 April 2014

16

There shall be no deviation during construction from the approval drawings unless approval is sought and obtained in accordance with the provisions of the Physical Planning Ordinance, 1989 (as amended) Regulations made thereunder.

17

All waste generated during construction must be containerized and removed from the site. The aforementioned shall be carried out to the satisfaction of the Chief Environmental Health Officer, Turks and Caicos Islands Government.

18

All development must be carried out to the satisfaction of the Director of Planning, Chief Environmental Health Officer and the Director of Environment and Coastal Resources.

19

Siltation of the channel and basin may occur. The applicants shall be responsible for maintaining the approval depths of the channel and basin.

20

A programme for monitoring of construction must be developed for implementation. The programme must be include, but not limited to identification of key persons, task to be performed and dates for inspections.

21

A water quality-monitoring programme shall be established in consultation with the Chief Environmental Health Officer, Turks and Caicos Islands Government. The aforementioned Government Official shall approve the frequency of monitoring in the basin and canals.

22

A “marina operations and management plan�, which must include but not limited to measures to be taken in the event of a fire or oil spill shall be submitted to the Department of Planning for consideration and determination.

23

GPS points, which demarcate the length and location of the channel and area to be dredged in the maritime environment, shall be submitted for consideration and determination of the Maritime Officer, Turks and Caicos Islands Government.

24

The positioning, locations, designs and sizes of the finger piers must be the subject of separate planning application(s) for consideration and determination.

25

An environmental impact assessment shall be carried out on the proposed development and the statement of finding (EIS) must be submitted for consideration and determination. The terms of reference (TOR) for the assessment must be prepared by the Director of Planning.

26

The Ministry of Natural Resources must consent to the creation of openings to the Ocean and any dredging outside the confines of the applicants parcel boundaries.

27

An occupancy certificate will not be issued for use of the Marina until all necessary developments are fully completed and facilities installed to the satisfaction of the Directors of Planning, and Environment & Coastal Resources and the Chief Environmental Health Officer.

58 TCI Development Manual 28 April 2014

Annex 1F – Beach Replenishment / Installation of T – Head Groyne 1

The development of this type requires an environmental impact assessment (EIA) to be carried out on the development and a statement of finding (EIS) must be submitted for consideration and determination by the Director of Planning in consultation with all the relevant TCI Government authorizes.

2

Term of reference (TOR) for the EIA must be prepared by the Director of Planning and the Director of Planning must approve persons who may be engaged in carrying out the assessment.

3

It has been determined that groynes of this type may impede the movement of sand downwind to adjacent properties. To remedy this situation the beaches may have to be nourished with sand to the satisfaction of the Director, DECR. The EIS must address the aforementioned and drawings, including cross-sections showing the “proposed beach fill “ must be submitted for consideration and determination.

4

The beach replenishment or nourishment must commence at the point of completion of the former beach replenishment project, which must be shown on the drawings.

5

At all times after completion of the construction, rocks and other materials that may be used for construction of the T-Head groyne must never be exposed. The trench to be dredged for placement of the aforesaid material must be deep enough to ensure the aforementioned. The Director, DECR and the Director of Planning must regulate and determined the extent of exposure of the T-Head groyne and shall request any corrective at the expensive of the applicant if deemed necessary.

6

Areas for extraction of sand for replenishment can only be confirmed after determination of the EIS.

7

The applicant shall be financially responsible for any corrective action that may need to be implemented by TCI Government within a five (5) year period after the beach nourishment.

8

A ReviewConsultant approve by the Director of Planning and Director, Department of Environment and Coastal Resources (DECR) must be employed to inspect the development and plans and construction at the expense of the applicant. This consultant must report to the Development Control Engineer, Department of Planning.

9

Matters relating to the following areas must be resolved to the satisfaction of the Director of Planning and Director, DECR, prior to commencement of construction: 9.1 9.2 9.3 9.4

Consideration and determination of a storm mitigation and oil spill plan.

Mitigation and monitoring plan.

Full construction drawings, showing the location (s) for placement of pipeline; drainage control; etc.

Demarcation of extraction area in the marine environment for preliminary inspection.

59

TCI Development Manual 28 April 2014

9.5 9.6

Demarcation of replenishment area in the coastal environment for preliminary inspection; and Time period for construction.

All the aforementioned must be considered and determined by the Director of Planning and the DECR. 10

No obstruction must be cause to pedestrian walking along the beach.

11

The DECR and the Director of Planning must inspect the demarcated area for placement of the T-Head groyne prior to commencement of construction.

60 TCI Development Manual 28 April 2014

Annex 1G – Building with Multiple 1-bedroom Apartments and Ancillary Facilities 1

All development including the wastewater plant shall be sited within the confines of the parcel boundaries and setback from the various parcel boundaries not less than the minimum allowable planning standards. Building setback distances shall be measured from the furthest projection of any building including any roof overhang , balcony, verandah or stairway. A site plan showing the setbacks must be submitted for consideration and determination. The allowable setbacks are in accordance with 3.5.2 of the Manual: -

The minimum building setback distance measured from the roadside parcel boundary shall be thirty (30) feet.

-

The minimum allowable building setback distance measured from the rear parcel boundary shall be fifteen (15) feet.

-

The minimum allowable building setback distance measured from the side parcel boundaries shall be fifteen (15) feet.

-

The minimum allowable building setback distance between the building and the wastewater plant shall be ten (10) feet.

-

The minimum allowable building setback distance between the water cistern and the wastewater plant shall be thirty (30) feet.

2

A single entrance/exit for vehicular traffic, with a maximum width of eighteen(18) feet must be provided for the proposed development inaccordance with 3.1.5 of the Manual

3

Parking spaces shall be provided as required in the Manual (Sections 3.1.6, 3.1.7, 3.1.8). They shall be 8 feet in width by 16 feet in length and painted with white or yellow flourescent paint.

The aisle for maneuvering shall be a minimum width of 18 feet. Parking shall be provided with concrete kerbs and grassed areas and clearly defined.

4

The parking area shall be designed to allow vehicles to maneuver on the parcel and leave in a forward direction.

5

All parking and vehicular access areas shall be constructed of well-compacted fill and asphalt surfaced.

6

The washing of clothes in the open yard shall be strictly prohibited. Mechanical means of washing and drying shall be provided within each individual apartment dwelling or located centrally in a separate building on the parcel or an extension to the proposal building. Please be advised that a new planning application shall be submitted accompanied by the appropriate fee in respect of any new developments.

61

TCI Development Manual 28 April 2014

7

Adequate provisions shall be made and indicated on the plans for the disposal of storm water so that the effect of run-off from the parcel(s) will not materially affect adjoining parcels and road parcels.

8

In order to properly and sufficiently dispose of the wastewater to be produced by that development and to avoid the seepage of untreated or partially treated effluent into the groundwater, a wastewater plant shall be provided for the proposed development. The plant shall be adequately sized and ancillary tertiary treatment facilities inclusive of chlorinators(s) and holding tank(s) shall be provided.

9

Depending on the type and design, the wastewater plant to be installed must have the surrounding ground surface so graded to prevent surface run-off from the entering the plant.

The cover should not be less than twelve (12) inches above ground level.

10

The wastewater plant shall require extensive vegetative screening.

11

The applicant shall be responsible for ensuring adequate operation and maintenance of the wastewater plant to the satisfaction for the Chief Environment Health Officer, TCI Government.

12

In accordance with Section 702.2 (c), of the TCI Building Code, a water cistern with a minimum storage capacity as required by the Code shall be provide for the proposed development. The water cistern shall be reinforced concrete construction in accordance with provisions of the lasts edition of the TCI Building Code and must be located underneath the proposed building. If city water is to be provided as the primary source of water supply to the proposed development, a back up water cistern of sufficient capacity shall suffice in case of breakdown of the primary supply.

13

In accordance with the provisions of Section 1003, of the latest edition of the TCI Building Code, adequate facilities shall be established to the satisfaction of the Director of Planiing for the storage of garbage on site prior to collection and disposal. Preferably a fully enclosed reinforced concrete structure provided with a gate of a suitable height to prevent scavenging by wild dogs shall be built for the development.

14

Sanitary drainpipes shall be not routed through the proposal water cistern or in the slab covering the cistern.

15

Prior to the issuance of any occupancy certificate(s), temporary or otherwise, freight containers, plant and machinery and all other construction related articles or materials of whatever kind shall be removed from the parcel to an authorized location.

16

Apartment separation walls must extend to the underside of the roof covering.

17

During operation of the development, rubble, waste, abandoned and/or derelict machinery or articles or materials of whatever of kind shall be prohibited from being stored on the parcel.

62 TCI Development Manual 28 April 2014

18

Boundary walls or other means of enclosure shall not exceed the height of three (3) feet, six (6) inches unless approve otherwise by the Physical Planning Board in accordance with the Physical Planning Ordinance, 1989 and Regulations made thereunder.

19

In accordance with the provisions of Sections 3.6.1 and 4.2.3(g), of the Development Manual, all electrical , telecommunication, cable TV and other transmission lines shall be placed underground in conduit and to the standards and requirements of the relevant suppliers.

20

Site clearance shall be limited to the specific area(s) of construction.

21

In accordance with the provisions of Section 4.2.3 (a&b), of the Development Manual,1999 the development site shall be properly landscaped and re-vegetated.

22

Any balcony, platform, roof or other external areas, including the perimeters of any swimming pool or deck, which is two (2) feet six (6) inches or more above ground shall be designed in accordance to TCI Building Code 2014 Section 504.8.

23

Nuisances whether by noise, dust, smoke, fume or otherwise shall not be caused to the neighbours on the adjoin parcel(s).

24

The finished ground floor level of the proposed building shall be a minimum of 24 inches above finish ground level.

25

The drawings and specifications must show that there and will be is full compliance with all the conditions of this appendix prior to the issuance of any building permit(s), partial or otherwise.

26

A Review Consultant as per the TCI Building Code 2014 shall be engaged by the applicant and approved byt the Director of Planning for Buildings over 2 storeys.

63 TCI Development Manual 28 April 2014

Annex 1 H-Warehouse/Ancillary Facilities 1

All development, including the sewage disposal system, shall be located within the parcel boundaries. All building setback distances shall be as per the Development Manual. Building setback distances shall be measured from the furthest projection of the building including any roof overhang, deck, stairway, balcony or verandah.

2

A tree buffer must be maintained along all parcel boundaries.

3

Provisions shall be made for all vehicles to enter and leave the parcel(s) in a forward direction, especially maneuvering of lorries on the parcel.

4

Al parking and vehicular access areas shall be constructed of well-compacted fill and asphalt underground in accordance with Table 2 of the Development Manual.

5

In accordance with the provisions of Sections 3.6.1 (b) and 4.2.3 (g), of the Development Manual, all electrical, telecommunication, cable TV and other transmission lines shall be placed underground in conduit and to the standards and requirements of the relevant suppliers.

6

In accordance with the provisions of Section 4.2.3 (a&b), of the Development Manual, the development site to be properly landscaped and re-vegetated.

7

Abandoned and/or derelict machinery shall be prohibited from being stored on the parcel.

8

All vehicles, plant and machinery, which may be used for the operation of the proposed development, shall be properly and orderly stored on the parcel to the Director of Planning.

9

During construction of the foundations for any proposed building, allowance shall be made to have the finished ground floor level a minimum height of 24 inches above finish ground level.

Only the ramp for access purposes, vehicular or otherwise, shall extend to the floor level. The aforementioned shall be strictly complied with.

10

The wastewater plant must be provided with all ancillary and necessary tertiary treatment facilities, inclusive of chlorinator(s) and holding tank(s) and must be adequately sized to sufficiently dispose of the wastewater.

11

The wastewater plant must have the surrounding ground surface so graded to prevent surface run-off from entering the system. The cover should not be less than twelve (12) inches above ground level. The wastewater plant shall require extensive vegetative screening.

12

The applicant shall be responsible for ensuring adequate operation and maintenance of the wastewater plant to the satisfaction of the Chief Environmental Health Officer, TCI Government.

64 TCI Development Manual 28 April 2014

CHAPTER 3 DEVELOPMENT STANDARDS

65 TCI Development Manual 28 April 2014

CHAPTER 3 DEVELOPMENT STANDARDS Table of Contents

3.1

ROADS AND PARKING

3.1.1 3.1.2 3.1.3 3.1.4

General Road classification and reservation Road layout Visibility at junctions

Table 3-1

Visibility splays

3.1.5 3.1.6 3.1.7 3.1.8

Access roads and driveways Parking requirements Car parking space requirements Parking and Access requirements for persons with disabilities

Table 3-2 Table 3-3 Table 3-4

Schedule of vehicle parking requirements Accessible Parking Spaces Vehicle loading requirements

3.2

PEDESTRIAN REQUIREMENTS

3.2.1

Types of pedestrian accesses

Table 3-5

Sidewalk reservations

3.3

STREET FURNITURE

3.3.1

General

3.4

BUILDING SITES

3.5

RESIDENTIAL REQUIREMENT

3.5.1 3.5.2

Residential sites Setbacks

Table 3-6

Setbacks 66

TCI Development Manual 28 April 2014

3.5.3 3.5.4 3.5.5

Building height Site coverage Lot sizes

Table 3-7

Lot Sizes

3.6

ADDITIONAL STANDARDS RELATING TO NON-RESIDENTIAL DEVELOPMENT

3.6.1 3.6.2 3.6.3

Community facilities Other public facilities Commercial facilities

Table 3-8

Commercial development standards

3.6.4 3.6.5 3.6.6 3.6.7 3.6.8

Hotels Marinas Canals for residential purposes Offices Industry

3.7

UTILITIES

3.7.1 3.7.2 3.7.3 3.7.4

General Electricity Water supply Telecommunications

3.8

WELLS

3.9

SEWAGE DISPOSAL

3.9.1 3.9.2 3.9.3

General Residential waste water Industrial waste water

3.10

FUEL SERVICE STATIONS

3.10.1 3.10.2 3.10.3 3.10.4 3.10.5

General Location of gasoline pumps Location of service station buildings Location of storage banks First aid equipment

3.11

AGRICULTURE

3.12

FISHERIES

Table 3-9

Density requirements Providencials 67

TCI Development Manual 28 April 2014

CHAPTER 3 DEVELOPMENT STANDARDS

3.1

ROADS AND PARKING

3.1.1

General Development is best served by roads which are designed with regard paid to topography, function and economy of street length. The proposed road system should be integrated into the existing road system and natural features preserved to enhance the development. The layout of roads should provide adequate and safe means of vehicular and pedestrian circulation.

3.1.2

Road classification and reservation Roads are classified into four main categories for which the minimum dimensions are: -

Main Roads

These are the main roads linking settlements; a minimum 75 ft reservation required.

-

Secondary Road

These are main roads within a resident area, and would normally be used for public transportation or as heavily used traffic routes through residential areas; a minimum 50 ft reservation is required.

-

Local Roads

Provide plot access and vehicular circulation between or for access to commercial premises; a minimum 30 ft reservation required is required.

-

Service Roads

Provide direct access to individual plots within a residential area or for access to commercial premises; a minimum 30 ft reservation is required.

These reserve widths are minimums and do not include the space needed for side slopes in hilly terrain, or space for drainage ditches which may be required to accommodate storm water from the hilly terrain.

68 TCI Development Manual 28 April 2014

3.1.3

Road layout The hierarchy of streets should ensure that traffic on a particular element is compatible with adjacent land uses. For example, through traffic should be catered for on main or secondary roads, and access streets should be arranged so that through traffic is deterred from using them. The following road layouts are generally designed for access for subdivisions.

(a)

Grid Plan This is the traditional layout which developed before the advent of the automobile. Although this form is still appropriate in some of the older urban areas, care must be taken to determine if it is suitable for new developments where the scale and type of housing, and the topography of the site may not permit this layout to be economic. The traffic pattern must also be designed to reduce potential hazards to the minimum and this not easily accomplished with the grid layout.

Where a grid or modified grid plan is considered to be appropriate the following factors should be taken into consideration.

(b)

i)

As few houses as possible should face the shorter linking roads normally about 200 ft in length;

ii)

Continuous road lengths without street intersections should not exceed 1,200 ft. this distance can be increased to a maximum of 1,600 ft, if a public pedestrian access way with a maximum width of 10 ft is provided near the mind point of the road giving direct access to an adjacent road.

Other road plans Roads systems may utilize other forms of layout including cul-de-sac, loop roads and P-loops. In the use of these access road forms, the following factors should be considered: i)

When a cul-de-sac is used in residential development it should be provided with a paved turning circle of sufficient width to facilitate easy access and the turning of not only cars but trucks and other heavy vehicles. The recommended minimum radius is 33 ft.

ii)

The maximum length of a cul-de-sac should be 350 ft to the turning circle. This distance may, however, be increased to 600 ft if an emergency vehicular access and pedestrian walkway of a minimum width of 12 ft 6 inches is provided from the turning circle of a cul-de-sac giving direct access to an adjacent road. A culde-sac should not be located as a direct extension of a local road.

69 TCI Development Manual 28 April 2014

iii)

3.1.4

P-loops which are defined as loop roads from a single access point, should have an entrance leg not exceeding 700 ft and should have an emergency vehicular access way with a minimum width of 12 feet 6 inches from the loop giving direct access to an adjacent road. The loop should have a road length not exceeding 1,400 ft.

Visibility at junctions a)

Intersections of more than two roads should be avoided where possible, as they represent potential collision points and unless clearly marked, the classifications of roads will not be apparent. Y –junctions can also be misleading unless one route is given obvious precedence over that adjoining it. T-junctions should be avoided on the inside curves of through roads.

b)

Roads forming an intersection should meet one another at an angle of 90 degrees plus or minus a tolerance of 10 degrees. This alignment should be maintained for a distance of 100 ft measured from the centre point of the intersection.

c)

Junctions of any kind are to be avoided near the brow of hills where a driver’s vision is likely to be obstructed.

d)

Visibility splays i.e, the angles of visibility at road junctions are shown below in relation to road type. They are intended to facilitate the unobstructed vision of motorists from one street to another thus reducing the risk of accidents.

Table 3-1. Visibility splays

Road Type

Visibility Splay Angle (degrees)

Splay Distance(feet)

Main Road

30

12

Arterial Road

30

10

70 TCI Development Manual 28 April 2014

3.1.5

Local Road

45

10

Service Road

45

6

Access roads and driveways (see also 5.9) Considerable problems have occurred where accesses have been created in an “ad hoc� fashion causing substantial damage to the main road. The following standards apply where access roads and driveways are being created.

3.1.6

a)

All accesses to be properly constructed to a minimum width of 18 feet with well compacted fill and bitumen surfaced. Minimum turning radius to be 20 feet.

b)

Minimum visibility from the access to be 300 feet in both directions along the main road (safe stopping distance for a vehicle travelling at 40 mph).

c)

The standards to be used in the construction of driveways for single car access to private dwellings must be discussed with the Director before construction of the driveway.

Parking requirements Provisions should be made within the boundaries of the site of all new and extended buildings for the parking of customers’ vehicles in accordance with the standards set out in below: a)

Special consideration can be given to dual use of parking areas where the uses alternate in terms of time scale.

b)

Where the use of any building is not specifically mentioned in the schedule or more than one use is involved, the Board shall determine the parking provisions.

c)

For each car a standard of approximately 300 sq ft of parking site area 9inclusive of driveways) should be made.

d)

The areas in which parking spaces are provided should be of practical shapes which allow for the parking and maneuvering of vehicles, which must leave in a forward direction. Narrow and obstructed spaces, however large in area, are of no value for this purpose.

71

TCI Development Manual 28 April 2014

e)

Provisions should also be made within the site boundaries for loading of trucks and goods vehicles, in accordance with the standard set out in the schedule. The Board may however waive this requirement when the building area is too small, the frontage of the site is short and service is not possible from the rear.

f)

Parking shall be provided with concrete kerbs and grassed areas and be clearly defined. The divisions of the parking spaces shall be painted with white or yellow flourscent paint.

h) All parking and vehicular access shall be constructed of well compacted fill (where necessary) and asphalt surface.

3.1.7

i)

The space to be provided for maneuvering of vehicles should not be less than 18 ft.

j)

Lighting shall be provided and strategically located in parking areas.

Car parking space requirements For both enclosed and unenclosed parking, an unobstructed rectangular space 18 ft by 8 ft minimum shall be provided for each car except that: I)

Where parking is parallel to the kerb, the length of the car parking space shall be increased to 22 ft.

ii)

Where circumstances allow a vehicle to overhang the kerb by 2 ft and such overhanging does not seriously limit the use of a sidewalk or other access, the length of the car parking space may be reduced to 16 ft.

iii)

Where the use of one care parking space is limited on both sides by a wall or column , the unobstructed width ( face to face obstructed) of the parking space shall be 10 ft, or if a door opens into the parking space on its long side,11 ft.

iv)

Where the use of one parking space is limited on one side by a wall or column, the unobstructed width (face to face obstruction) of the parking space shall be 10 ft.

v)

The minimum width of a parking aisle shall be 8 ft. Where parking is provided at a lesser angle to the aisle than 60 degrees and access is one way only, the following aisle widths will apply.

Angle of Parking

Aisle Width Minimum

30 degrees

11 feet 72

TCI Development Manual 28 April 2014

45 degrees

13 feet

73 TCI Development Manual 28 April 2014

Table 3-2. Schedule of Vehicle Parking Requirements within Site Boundaries

Type of Development

Required Minimum Number of Vehicle Parking Space

Shops inclusive of store rooms

1 for each 500 sq, ft. of gross floor area

Offices, banks

1 for each 700 sq.ft. of gross floor area inclusive of passages, toilets, circulation spaces etc.

Clinic/doctor’s office

Exhibition hall, games hall, discos

2 for each practitioner

1 for each 100 sq. ft. of floor area

Lecture halls, meeting halls, cinemas, theatres, churches

1 for each 10 seats

Warehouses/storage

1 for each 1,000 sq.ft in floor area in excess of 5,000 sq.ft.

Industrial buildings

1 for each 5,000 sq.ft of building floor area

Private residences

1 for each unit. This standard may be modified in special areas.

Apartment buildings

1.25 for each individual units, whether of one, two or three bedrooms, and 1 (one) for studio units

Condominium’s

Hotels

1 (one) for each unit

1 for each 3 guest bed-rooms plus 1 for each 50 sq. ft of public

74 TCI Development Manual 28 April 2014

dining room area.

Restaurants

1 for each 50 sq ft of public dining room

Hospitals

1 for each 4 beds

Gallery Museum, Library:

1 for each 700 sq ft of gross floor area including passages, toilets, circulation space etc

3.1.8 Parking and Access requirements for persons with disabilities A. Parking (a)

Any parking lot servicing a facility which will be used by handicapped persons shall have a number of level parking spaces identified by the appropriate international signs as reserved for handicapped persons. Each reserved parking space shall not be less than 12 feet wide.

(b)

Where parking is provided, accessible parking spaces shall be provided in compliance with Table 3-3, except as required by Sections (b - d). Where more than one parking

75 TCI Development Manual 28 April 2014

facility is provided on a site, the number of parking spaces required to be accessible shall be calculated separately for each parking facility. (c)

Groups R-2 and R-3 (as per TCI Building Code 2014) At least 2 percent, but not less than one, of each type of parking space provided for occupancies in Groups R-2 and R-3, which are required to have Accessible, Type A or Type B dwelling or sleeping units, shall be accessible. Where parking is provided within or beneath building, accessible parking spaces shall also be provided within or beneath the building.

(d)

Hospital outpatient facilities At least 10 percent, but not less than one, of patient and visitor parking spaces provided to serve hospital outpatient facilities shall be accessible.

(e)

Rehabilitation facilities and outpatient physical therapy facilities At least 20 percent, but not less than one, of the portion of patient and visitor parking spaces serving rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall be accessible

(f)

Van spaces For every six or fraction of six accessible parking spaces, at least one shall be a vanaccessible parking space. In Group R-2 and R-3 occupancies, van-accessible spaces located within private garages shall be permitted to have vehicular routes, entrances, parking spaces and access aisles with a minimum vertical clearance of 7 feet (2134 mm).

(g)

Location Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. In parking facilities that do not serve a particular building, accessible parking spaces shall be located on the shortest route to an accessible pedestrian entrance to the parking facility. Where buildings have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. (i) In multilevel parking structures, van-accessible parking spaces are permitted on one level. (ii)

Accessible parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is

76 TCI Development Manual 28 April 2014

provided in terms of distance from an accessible entrance or entrances, parking fee and user convenience. (h)

Passenger loading zones Passenger loading zones shall be designed and constructed in accordance with ICC A117.1. (i) Continuous loading zones

(ii)

Where passenger loading zones are provided, one passenger loading zone in every continuous 100 linear feet maximum of loading zone space shall be accessible.

Medical facilities

(iii)

A passenger loading zone shall be provided at an accessible entrance to licensed medical and long-term care facilities where people receive physical or medical treatment or care and where the period of stay exceeds 24 hours.

Valet parking

(iv)

A passenger loading zone shall be provided at valet parking services.

Mechanical access parking garages Mechanical access parking garages shall provide at least one passenger loading zone at vehicle drop-off and vehicle pick-up areas.

Table 3-3 Accessible Parking Spaces Total Parking Spaces Provides

Required Minimum Number of Accessible Spaces

1 to 25

1

77 TCI Development Manual 28 April 2014

26 to 50

2

51 to 75

3

76 to 100

4

101 to 150

5

151 to 200

6

201 to 300

7

301 to 400

8

401 to 500

9

501 to 1,000

2% of total

1,001 and over

20, plus one for each 100, or fraction thereof, over 1,000

B. Accessible Routes (a)

Site arrival points

(b)

Accessible routes within the site shall be provided from public transportation stops; accessible parking; accessible passenger loading zones; and public streets or sidewalks to the accessible building entrance served. Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.1.

Within a site At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements and accessible spaces that are on the same site. Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.2.

(c)

Connected spaces 78

TCI Development Manual 28 April 2014

When a building or portion of a building is required to be accessible, an accessible route shall be provided to each portion of the building, to accessible building entrances connecting accessible pedestrian walkways and the public way. Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.3.

(d)

(i)

Employee work areas

(ii)

Common use circulation paths within employee work areas shall be accessible routes. Exceptions to this requirement shall be in accordance with IBC: 2009 Section 1104.3.1.

Press boxes

Press boxes in assembly areas shall be on an accessible route. Exceptions to this requirement shall be in accordance with IBC: 2009 Section 1104.3.2.

Multilevel buildings and facilities At least one accessible route shall connect each accessible level, including mezzanines, in multilevel buildings and facilities. Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.4.

(e)

Location Accessible routes shall coincide with or be located in the same area as a general circulation path. Where the circulation path is interior, the accessible route shall also be interior. Where only one accessible route is provided, the accessible route shall not pass through kitchens, storage rooms, restrooms, closets or similar spaces.

Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.5.

(f)

Security barriers Security barriers including, but not limited to, security bollards and security check points shall not obstruct a required accessible route or accessible means of egress.

Exceptions to this requirement shall be in accordance with the IBC: 2009, Section 1104.6.

79 TCI Development Manual 28 April 2014

Table 3-4. Vehicle Loading Requirements within Site Boundaries Types of Building

Number of Loading or Off Loading Rays Required

Stores

1 for each 10,00 sq. ft. of useable space

Hospitals

1 for each 20,000 sq ft of floor area in excess of 10,000 sq ft to a total of 3; one for each 10,000 sq ft thereafter.

Storage Warehouse/ Industry

1 for each building up to 5,000 sq ft plus 1 for each 10,000 sq ft of floor area in excess of 5,000 sq ft to a total of 3; one for each 50,000 sq ft thereafter.

3.2

PEDESTRIAN REQUIREMENTS

3.2.1

Types of Pedestrian Accesses The major types of pedestrian’s access ways are footpaths and sidewalks.

A)

Footpaths

Footpaths are paved access ways designed to accommodate heavy volumes of pedestrian traffic. They must: i)

be connected to a public thoroughfare;

ii)

be limited in length to allow for servicing (Fire, Health, Utilities)

iii)

allow easy garbage disposal

iv)

be so designed as to allow future upgrading.

80 TCI Development Manual 28 April 2014

B)

Sidewalks

Sidewalks are part of the preservation used for pedestrian movement and vary in width depending on the projected pedestrian traffic. They should wherever possible be complemented with planted verges and be landscaped with flowering and ornamental shrubs.

Sidewalks should normally be constructed with concrete kerbs on the road-ward side. These kerbs must not be more that 5 inches high and be splayed at intersections for accessibility by the physically handicapped.

The following are the recommended reservation widths for sidewalks:

Table 3-5. Sidewalk Reservations Road Type

Total Width (ft.)

Carriageway (ft)

Sidewalk Reservation (ft)

Main

75

24- dual carriageway(5 ft. median strip)

11

Secondary

50

28

11

Local

40

20

10

Service

30

20

5

81 TCI Development Manual 28 April 2014

Property owners applying for development permission will be expected to construct sidewalks at least 4 feet wide along the frontage of the property.

C)

Requirements for Handicapped persons

(a)

Walkway widths for persons using crutches or service dogs should be a minimum of 3 feet wide.

(b)

The surfaces of walkways and ramps should be constructed of non-slip covering.

(c)

Walkways in passages and courtyards should be 4 feet 6 inches to 6 feet 6 inches wide with shoulders about 4 feet wide.

(d)

Slopes should be no greater than 5%.

(e)

Cross slopes no greater than 2%.

(f)

Sidewalks should be 5 feet wide.

(g)

Slopes for sidewalks should be 2-1/2% to 5% maximum.

3.3

STREET FURNITURE

3.3.1

General Street furniture is an essential feature of the environment. Special consideration should therefore be given to its location, design and maintenance. It should be sensitively designed, sturdily constructed and functionally appropriate. The more common examples of street furniture are: benches, modular seats, public telephone booths, bulletin kiosks, picnic tables, planters, mail boxes, rest rooms, refuse bins, small shelters and street lighting fixtures.

3.4

BUILDING SITES (a)

No building shall be erected on a site which: (i)

Consists in whole or part of harmful or offensive animal or vegetable matter until such matter shall have been removed and the site made good to the satisfaction of the Director.

82 TCI Development Manual 28 April 2014

(ii)

Cannot be put into such a condition as to prevent any harmful effect to the building or to its occupants by storm or flood waters.

(iii)

Has an average site elevation of less than 4' 0" above mean sea level.

(b)

Adequate provision shall be made for the disposal of storm water so that the effect of increased run-off from the site will not materially affect adjoining sites.

(c)

The level of the ground floor of buildings for habitation shall not be less than 8 feet above mean sea level.

83 TCI Development Manual 28 April 2014

3.5

RESIDENTIAL DEVELOPMENT

Refer to Section 5 of the TCI Building Code 2014 for guidance on Means of escape and Exits 3.5.1

Residential sites No site shall be approved for building or for public use which:

3.5.2

a)

may have been used as a dump site, or soaked with, or filled with any unsafe or offensive material until the situation has been corrected by removing the unacceptable material and replacing it with clean, sound material to the approval of the Director.

b)

is below the level of the adjacent streets or land, and is actually or liable to be, in swampy condition, until the site shall have been filled or drained satisfactorily Such a site will be required to be leveled, drained or filled with sound material and compacted so that it may be suitable for building purposes.

c)

is a steep and unstable slop vulnerable to erosion and slippage, or require costly measures to safeguard exiting building or public amenities,

Setbacks a)

Residential developments i)

Setbacks for residential developments in areas such as Grand Turk, Salt Cay, South Caicos, North Caicos, Middle Caicos, depend on the character of the area, the type of development and the adjacent physical environment. Developers should discuss the setbacks requirement with the Director before deciding on the minimum setback to be used for a particular development.

ii)

The setbacks from any lot line may be increased at the discretion of the Board on the advice of the Director in order to protect important beach resources, features of privacy and visual amenity.

iii)

The setbacks required for developments in residential areas given in Table 3-5. The Director may, with the approval of the Board vary setbacks for any particular development, depending on the character of the development, its location and its effect upon the adjoining properties.

84 TCI Development Manual 28 April 2014

b)

Coastal developments i)

In general, many developments on the beach areas are tourism related or low density residential development. Some of the beach areas are particularly fragile and subject to continuous attack by the sea. The ironshore areas in Providenciales where development is increasing is also vulnerable to destruction by construction activities and by continuous pressure on the land. It is for these reasons that the minimum setbacks permitted are designed to provide protection to the shore line and to the developments.

ii)

For coastal developments the minimum setback are measured from the vegetation line, or ironshore depending on the character of the shoreline.

iii)

The setbacks for building up to a maximum of 60 feet or five floors measured from the vegetation line is 100 feet. Building exceeding 5 floors must have a minimum setback of 130 feet.

It has been determined that the minimum setbacks for buildings (of less than 5 storeys) in coastal areas depending on the character of the coastline should be:

iv)

Ironshore:

60 feet and

Normal coastline:

100 feet

The Board may, on advice from the Director after appropriate studies have been carried out, permit other setbacks for a particular development.

*Noted: High water mark is generally taken as the line of the start of vegetation in some beach areas.

c)

Residential development on the sides of canals Buildings and other permanent structures including the sewage disposal system when sited on the sides of private canals shall be setback a minimum distance of 30 feet from the edge of the canal or the property boundary whichever whichever is greater.

85 TCI Development Manual 28 April 2014

d)

Multiple Housing This section applies to town houses apartments, condominiums, and hotels or other forms of grouping of units: i)

Each dwelling unit in horizontal multiple housing shall have one yard which serves as a private outdoor living area. This yard is normally associated with the living room, but to allow flexibility in design, the private outdoor living area may alternatively be located adjacent to a dining room, study, lounge or a kitchen which is combined with one of the above uses. A privacy zone should normally be not less than 15 feet deep. Refer to TCI Building Code 2014 Section 502.10.

ii)

The minimum distance from a window of a habitable room to an adjacent wall or building should be 25 ft for two storey buildings.

iii)

The minimum distance between three storey buildings is 35 feet if there are windows on the facing elevations. If there are no windows on those elevations the minimum distance should be 25 feet, with the condition that there should be a distance of 70 feet to the next two or three storey building from its opposite back (or front) elevation. For buildings in excess of three storeys, the minimum distance between buildings should be 40 feet.

86 TCI Development Manual 28 April 2014

e)

Recommended setbacks are as follows: Table 3-6. Setbacks

A – Detached and Duplex Houses Type of Road

Setbacks from

Setbacks from side

Setbacks from rear

Roadside

Boundary

boundary

35 to 45

12 ft. 6 inches

15

Main road

30

12 ft. 6 inches

15

Cul de Sacs

20

12 ft. 6 inches

15

Beach Access

20

12 ft. 6 inches

15

30

12 ft. 6 inches

15

Boundary (ft) Leeward Highway

Roads Other /Local Road

Note: The maximum length of cul de sacs and beach access roads should be 350 feet B – Apartment, Hotels and Condominiums Type of Road

Main road

Setback from

Setback from side

Setback from rear

roadside boundary

boundary

boundary

(ft)

(ft)

(ft)

30

15

18

87 TCI Development Manual 28 April 2014

Leeward

35 to 45

15

18

Secondary road

30

15

18

Local road

30

12.5

18

Cul de Sacs

20

15

18

Highway

iv)

3.5.3

The Board may however require greater setbacks depending on the character of the development.

Building height a)

General The height of a building is measured from the lowest level of the ground on which the building stands prior to the development to the apex of the roof.

Where the land slopes downward from the road or roads adjoining the building, the height of the building is taken as the vertical distance from the adjoining road to t he middle distance between the eave and apex of the roof.

b)

Single family dwellings for single family dwellings and residentially zoned areas, the permitted building height for single family dwellings is 2 floors or a maximum of 25 feet, (measured from the lowest ground level) which ever is greater.

c)

Apartments, condominiums and hotels For apartments, condominiums and hotels, the allowable maximum height of the building is seven floors up to a maximum of 90 ft. provided that no habitable floors all allowed above 75 ft. In order to qualify for the construction of seven floors, the entire acreage of the plot must not be less than ten acres. It is acre 88

TCI Development Manual 28 April 2014

requirement cannot be met then the building cannot exceed five floors or 60 ft in height. d)

3.5.4

In considering an application proposing development with buildings in excess of two floors, including any below ground level, or 25 feet, the Board shall be satisfied that the development does not have a detrimental impact on: i)

the levels of privacy and amenity presently enjoyed on neighbouring lots

ii)

the visual amenity of any ridge line.

Site Coverage

3.5.5

a)

In no location should lot coverage for residential purposes exceed 50 per cent of the lot area except that multi storey apartment, condominiums and hotels shall conform to the standards set out in Table 3-7..

b)

While the floor space index (ratio of floor area to ground space) may vary, the design of residential buildings should be so arranged as to a enable the required floor space to be provided along with the required car parking arrangement (as per parking schedule) within the limit set at Table 3.2

Lot Sizes a)

The lot area for individual buildings must be sufficient to allow space for the building and other essential activities. In addition there must be provision for convenient access for pedestrians, natural light and ventilation and privacy.

b)

Minimum lot sizes for a detached, semi-detached or duplex house with ground level access shall be subject to satisfactory arrangements for disposal of sewage and to general amenity as provided for in Table 3.7

Table 3-7 Lot Sizes (for future subdivisions) Area

Lot Size

High density

not less than 4,000 sq. ft internal lots or not less than 5,000 feet for corner lots.

Medium density

not less than 7,500 sq. ft.

89 TCI Development Manual 28 April 2014

Low density

not less than 14,000 sq. ft

Duplex or semi-detached

(for each half)- not less than 3,000 sq. ft. internal lot, or 4,000 sq. ft for corner lot

houses

These minimum lot sizes may be varied by the Board in special circumstances

3.6

ADDITIONAL STANDARDS DEVELOPMENT

RELATING

TO

NON-RESIDENTIAL

Refer to Section 5 of the TCI Building Code 2014 for guidance on Means of escape and Exits

3.6.1

Community Facilities a)

Schools A primary school should be accessible from all sections of the development.

However, a primary school should not front on a major thoroughfare because this would expose the children to hazards of heavy traffic and the school to traffic noises.

For schools, the minimum required area is as follow: i)

high school: 7 acres of fairly level ground to include football field, running track etc., and accommodation for teachers.

ii)

primary school: 3-5 acres on fairly level ground including a playing field and accommodation for teachers.

The Department of Education recommends the locations for school sites and their sizes in relation to population within their catchment areas. The applicant should check with the Ministry at the design stage to determine the need for a private school, the preferred location and the size of the school.

b)

Churches Churches may be located in most areas depending on their acceptability by the community. Each application will be considered on its own merit. Factors 90

TCI Development Manual 28 April 2014

affecting development decisions will include lot size, proximity to residential dwellings, traffic and parking requirements, level of noise transmission and the external appearance of the structure.

c)

Health Facilities The Ministry of Health has responsibility for planning of health services. Usually the minimum lot area is ½ an acre for a Health Clinic. If maternity care is considered, the requirement is one acre. Clinics should be located within the service centre of settlements and in proximity to other public facilities.

3.6

.2

Other Public Facilities Sites should be reserved for public uses in large scale residential development. Such uses should be related to the community centre and can be planned to make partial use of commercial parking facilities where these exist.

In small scale development where the need for such community facilities exists, consideration should be given to the provision of multipurpose buildings to house these various activities.

3.6.3

Commercial Facilities a)

General Usually, commercial development takes place within three types of shopping areas: neighbourhood, community and town centre. The neighbourhood shopping is the smallest and provides for the sale of convenience goods (food, drugs and sundries) and personal services (laundry, dry cleaning, shoe repairing etc.) Community shopping in addition to convenience goods and personal services provides a wider range of goods, clothes, hardware and appliances.

Town centre shopping areas provide for general merchandise, apparel and furniture.

It is generally convenient for both shoppers and traders that commercial activities should be concentrated in this way and specific area should be allocated for this purpose in development plans.

In large subdivisions, however, shops will be needed usually singly or in small groups to serve neighbourhood needs. The type and size of shopping facilities will depend on the scale of development, and will require careful location and planning in relation to adjacent residential areas and local amenities.

b)

Commercial development standards

91 TCI Development Manual 28 April 2014

Table 3.8 gives the development standards for commercial facilities: Table 3.8 Commercial and Residential Commercial Development Standards Item

Development Standards

Site Coverage

60%

Building Height

5 floors to a maximum of 60 ft 7 storeys tor a maximum of 90 ft

Building Setbacks Front/Roadside

30 ft.

Side

30 ft. for buildings over 5 floor; 15 ft for buildings less than 5 floors.

Rear

15 ft. For general commercial; 20 ft for residential commercial development.

Cul-de-sac

20 ft

Parking:

See “Schedule of Vehicle Parking Requirements Within Site Boundaries�

Notes: 35ft to 45ft setback measured from the property line required for all developments on the Leeward Highway in Providenciales.

20ft setback measured from the property line required for all development along Grace Bay Road in Providenciales.

All building setback distances must be measured from the parcel boundary.

3.6.4 Hotels/Condominium Development Residential commercial developments include hotels, condominiums, apartment buildings town houses and other similar developments. a)

It is important that applicants discuss their proposals with the Director at the very earliest stage to ensure that any special problems or requirements are dealt with before the application is made.

b)

Whatever the type of hotel or condominium or its location, it is important that: i)

it blends with its surroundings by reason of its siting, design, scale, height and landscaping,

ii)

it has no adverse effect upon the environment by reason of noise, traffic congestion or by destroying features of interest in the area.

92 TCI Development Manual 28 April 2014

b)

Hotels should have a lot area of minimum of one acre for 25 bedrooms or as may be decided by the Board in accordance with section 34 of the Physical Planning Ordinance.

c)

Car parking standards should comply with those in the “Schedule of Vehicle Parking Requirements Within Site Boundaries� and access points should be so sited as to minimize turning movements across traffic.

d)

Acceptable arrangements must be made for potable water supplies and for sewage disposal. The Director and the Ministry of Health should be consulted to ensure that the arrangements proposed are satisfactory.

e)

Other commercial developments standards and the requirements of the TCI Building Code shall also apply.

f)

For setbacks see Tables 3-6 and 3-8

3.6.5 Marinas a)

Before any marina development is undertaken, engineering and economic feasibility studies and environmental impact assessments must be conducted.

b)

Application for development permission for the expansion of existing marinas, including new moorings or additional docking facilities, temporary or permanent, and the construction of additional rooms in adjacent hotels should be accompanied by an environmental impact statement and a management plan which ensures a high level of water quality maintenance.

c)

Setbacks of developments required for the maintenance and operation of the marina facility must be negotiated on a case by case basis with Director. The guiding principle is that the locations of the buildings must not affect the use of the waterway by other users and that the environmental and social amenity of the development must be maintained.

3.6.6 Canals used for residential purposes a)

The design and construction of canals must adhere to the accepted engineering and environmental principles for the construction of such facilities. The application for the construction of a canal must be accompanied by a statement showing the engineering, environmental and management system to be used to ensure that the canal will be properly maintained. The construction of dead end canals will not be allowed because of the adverse impact on water quality.

b)

The minimum setback for buildings shall be 30 feet measured from the edge of the canal or canal side parcel boundaries, whichever is greater.

3.6.7 Offices 93 TCI Development Manual 28 April 2014

a)

Generally, offices should be centrally located in close proximity to or within the commercial district of settlements and towns. Professional offices, such as doctor’s office will be allowed to locate in outlying locations for better service to patients.

Shopping/apartment /office complexes will also be allowed in outlying areas.

b)

Parking requirements for offices will comply with the standards set out in the Schedule of Vehicle Parking Requirements within Site Boundaries.

c)

Setbacks and building heights allowed are as per Table 3-8.

3.6.8 Industry a)

In selecting sites for industrial development the following factors should be considered: land which is reasonably level, flood free, well – drained and capable of bearing heavy loads accessibility to transportation facilities – main roads, airports and ports, (if required) location shall be in accordance with the Land Use Zoning Plan served by, or capable of being provided with all utilities compatibility with residential and other neighbours.

b)

3.7

Light industries (those that not generate, noise, traffic, fumes or smell) may be located in areas shown in the Land Use Zoning Planning. When permission is given for a light industrial establishment to be located in residential areas, the following conditions will be imposed on granting of development: i)

restricting the type of machinery to be used or prohibiting operational operations after a certain hour in the evenings and at work ends.

Ii)

prohibiting the storage of materials off the building site

iii)

prohibiting the sale of goods outside of the building

iv)

protecting the character of the area.

d)

Heavy and noxious industries, those which generate noise, fumes, odours, dust etc. will only be allowed to locate in areas demarcated for heavy industrial development.

Generally they will not be located near residential areas.

e)

Warehousing and storage will be located only in areas zoned for industrial purposes.

UTIIITIES

94 TCI Development Manual 28 April 2014

3.7.1 General a)

Since the availability of utility services is a major factor in the consideration of development proposals, it is responsibility of the applicant to make proper and adequate arrangements with the utility organizations for the provision of these services where applicable.

b)

Where it is feasible and desirable, all electricity, telecommunication, television and other service lines, cables and pipes should be laid underground to improve visual amenities and safety. They should be laid out in such a manner as not to obstruct the planting of trees. Reference must be made to the Building Regulations. (Building Code and Building Guidelines)

c)

In the laying of such service facilities, road verges, pedestrian ways and median strips should be utilized so as to minimize disturbance to vehicular traffic flows for repair and maintenance purposes.

3.7.2. Electricity (including street lighting) a)

Fortis TCI is the sole electricity provider,

#b)

All plans for electricity connections must be in accordance with the requirements of the revelevant utility company and in accordance with the Turks and Caicos Islands Building Code.

c)

The applicant for development permission is required to satisfy the Board that: i)

adequate provision has been made for the supply of electricity and telephones, where service is available.

ii)

poles will be sited so as to allow easy means of road improvement and not obstruct pedestrian movement.

iii)

ancillary utility services are located in such a way that they do not obstruct sidewalks.

3.7.3 Water supply a) The developer is responsible for providing an adequate and potable water supply too his development. All water catchment and storage equipment must be to be Water and Sewerage Ordinance. The Water Department also provides technical services in planning and design of water development projects. b)

Developers must be aware of the Water and Sewerage Ordinance which provided for (inter alia): 95

TCI Development Manual 28 April 2014

i)

the Water and Sewerage Board,

ii)

the licensing of the abstraction of water,

iii)

the appointment and regulation of public water undertakers, and

iv)

the water pollution regulations.

3.7.5 Telecommunications a)

Telecommunication services in the country are provided by Cable, Wireless (West Indies Ltd.), Digicel and Islandcom Telecommunications in addition to LIME ( Cable and wireless. The company has branches and provides services on each of the inhabited Islands. The services provided are local and international telephone services as well as cable, telefax and telex facilities.

b)

The installation of all telecommunication services including cable TV must be carried out in accordance with the procedures of the supply companies involved.

3.8

WELLS

3.8.1

The following are guidelines for the construction of wells in TCI:

Definitions

3.8.2

a)

Commercial wells are wells with a maximum feed/discharge rate greater than 2,000 gals/day.

b)

Residential wells are wells with a maximum feed/discharge rate less than 2,000 gals/day.

Where it is desired to construct a well, the usual requirement for development application must be followed. However the following additional information is required: a)

A cross section of the well showing: i)

depth of the well

ii)

open hole details

iii)

casing details

b)

The use of the well water

c)

The maximum extraction or discharge rate

d)

The method of disposal of final effluent (eg septic tank, leaching field, disposal well etc.)

96 TCI Development Manual 28 April 2014

e)

For commercial wells within the range of the fresh water lens, the following additional requirements must be met: i)

f)

a minimum depth of 150 ft.

ii)

A minimum cased depth of 100 ft with the casing cemented up to ground level

iii)

A 4� monitor well must be installed approximately 50 ft from the feed well. The monitor well must also have a minimum of 20 ft of open hole below the water level.

Standard conditions for commercial wells: i)

The water table of the monitoring well must be measured over a period of one week before the pump test begins. ii) A twenty-four (24) hour pump test at a pump/discharge rate of 10% above the maximum design rate is to be conducted.

3.9

iii)

During the pump test the maximum draw down of the water level in the monitoring well must not exceed four (4) inches.

iv)

The Water Superintendent or other designed officer of the Ministry of Works must observe and approve all pump test results.

v)

A certificate of completion must be obtained from the Ministry of Works before the operation of the well.

SEWAGE DISPOSAL

3.9.1 General a)

The Ministry of Health provides guidelines for sewage treatment and disposal facilities.

Basic guidelines are also to be found in the Building Code and Building `Guidelines prepared by the Department of Planning. The Water and Sewerage Ordinance must be consulted.

b)

Until public water sewer systems are installed, arrangements for the management and treatment of waste water shall be made according to type of building, population density, number of lots, soil characteristics, topographical conditions, land uses inside and outside the development, locations of the development with respect to the coast and presence of ground water. These arrangements must be carried out to the satisfaction of the Chief Environment Health Officer and comply with the requirements of the TCI Building Code.

97 TCI Development Manual 28 April 2014

c)

In some instances where sewage disposal is by absorption pits or septic tanks, percolation tests may be required.

d)

In special areas such as in Chalk Sound coastal locations, properties on the side of canals and areas where the ground water is present, the Department of Planning may require the installation of package sewage treatment plants. (See Chapters 13, 14 and 15 of this Manual)

3.9.2 Residential waste water a)

Where densities are higher than seven (7) dwelling units per acre and an aggregation exceeding (300) persons a central collection system must be provided; reference must be made to the Building Regulations for the conditions affecting the design and installation of sewage treatment facilities.

b)

All adsorption pits or title fields shall be located so as to allow adequate protective distance to the boundaries of the lot, and to the building.

c)

No absorption pit or title field shall be located in the vicinity of an actual or potential well or source of domestic water supply.

d)

When septic tanks and absorption pits, or the fields are used, the longer dimension of lots should be aligned in the direction of apparent sub-surface flow where such alignment can conveniently be achieved.

e)

Where septic tanks and absorption pits or title drains are proposed, the minimum size of lots shall be such as to accommodate a second pit or alternative title field in case of failure of the first.

f)

Title fields will not be permitted where the possibility exists that they may be damaged by the passage of vehicles.

3.9.3 Industrial waste water

3.10

a)

Industrial waste water must be treated partially or fully before discharge. The treatment and mode of discharge of the effluent must be approved by the Director in consultation with the Chief Environmental Health Officer. The Board may require that the applicant submit an environmental impact assessment in accordance with Section 7 of this Manual before giving detailed consideration to the application.

b)

Where feasible and desirable industrial operators are urged to co-operate in developing joint or common facilities for partial or complete treatment of waste water as required by the relevant authorities.

FUEL SERVICE STATIONS3.10.1

General 98

TCI Development Manual 28 April 2014

Service Stations are of special interest as they usually located on main roads. The Fire Department must be consulted with respect to the location and design of this facility.

Service Station buildings or other structures must not be allowed to near to the road, hence special attention will be given to: -

access and egress from roads, and the relation of these to traffic intersections.

-

the design, appearance and location on the site of buildings and structures, including signs and advertisements.

-

the location of the proposed petrol filling station in relation to existing or proposed development.

-

the planting of, or protection of grass, trees and shrubs.

-

safe storage of inflammable materials.

The design and construction of service stations should only be carried out by experienced engineers and architects. The designers must consult: a)

Chapter 22 of the 2009 International Fire Code (IFC) and;

b)

Section 406.7 of IBC: 2009.

Designers must consult and be guided by other relevant international standards before submitting an application for development permission.

Applications for development permission for the construction and installation of fuel storage tanks will be expected to provide the Director and the Board with the latest information from recognized international sources on the design and installation of such tanks.

3.10.2 Location of Gasoline Pumps Gasoline pumps or other mechanical equipment shall not be installed so as to permit servicing of motor vehicles standing on a public street or highway except when necessitated by the widening of the street. Hence the location of the pumps must be such that vehicles can safely enter and exit the main roads without unduly affecting traffic flows.

For fire safety, the pumps, canopies and service equipment must be of one-hour fire resistance construction and be at least 20 feet from any adjacent building.

3.10.3 Location of Service Station Buildings

99 TCI Development Manual 28 April 2014

Service station buildings (offices and storage of retail supplies) will be setback from the boundary or adjacent building in accordance with the TCI Development Manual. The other standards set out in Table 3-8 must be observed.

Locations of motor vehicle fuel dispensing devices will be in accordance with Section 2203 of the 2009 IFC.

3.10.4 Location of Storage Tanks All volatile flammable liquid storage tanks for fuel service stations must be installed below ground and vented. The top of the tank must not be less than 21 inches below the ground level.

Storage of flammable liquids will not be allowed in above ground tanks except under special conditions and locations. Storage of flammable liquids at motor vehicle service stations will comply with Chapter 22 of the IFC. Where tanks are above ground a dyke of reinforced concrete must be constructed and properly sealed around the tanks so that the volume so contained is at least equal to the volume of liquid in the tanks. The location of the tanks in relation to the site boundaries and other nearby developments must be subject of an environmental impact assessment and must be in accordance with the specific Codes specifying the design and location of such tanks.

The location of propane tanks must be discussed with the Director of Planning and the Chief Fire Officer before installation.

3.10.5 First Aid Equipment First aid and fire safety appliances must be provided. It is recommended that the Chief Environmental Health Officer and the Chief Fire officer be consulted.

3.11

AGRICULTURE Because of the scarcity of soils with agriculture potential, care will be taken to prevent the alienation of land from agriculture use.

Land classified as being suitable for cultivation in Development Plans provides a general guide to areas which must normally be preserved for such use. More detailed investigations will be carried out to determine soil suitability and more accurately establish areas to remain in agriculture.

Measures against the effects of the erosion of the soil are to be incorporated in agricultural subdivision design and subsequent use of the land. Specific measures which may be employed include: the design of lots so that erosion control can be carried out on individual lots, and use of physical and biological barriers such as terraces, verge and plots of grass or other plants.

100 TCI Development Manual 28 April 2014

3.12

FISHERIES The Fisheries Protection Regulations spell out details for regulating fishery activities, including various kinds of licenses, fishery methods, legal size of catches etc.

An important aspect of fisheries management will be determination and reduction of the potential conflict which may arise from tourism activities, such as diving, shell collecting, reef walking and fishing.

In order to maximize continuing productivity of the Islands’ shelf fisheries, it will become necessary to eventually incorporate reefs into National Parks with strict control on uses of the reefs. The Fisheries Department and the Planning Department will agree on the mutual compatible best use of those marine parks. Special considerations will be given to the following: i)

Special use areas will be determined in some marine parks where certain uses will be controlled, for example the collection of coral and shells in specified areas, diving, etc.

ii)

Sport fishing activities will be controlled by designating areas where it will be permitted.

iii)

Proposals to process sewage and other waste will be subject to rigorous environmental appraisal in anticipation of potentially adverse effects on the export of fishery products

TABLE 3-9. DENSITY REQUIREMENTS –PROVIDENCIALES Type of Unit

High density

Medium density areas

Low density areas

Comments

101 TCI Development Manual 28 April 2014

Units per acre

Persons/acre

Unit per

Person/

acre

acre

Units per

Persons/acre

acre

1. Detached and semi

10 houses

50

6 houses

30

3 houses

15

Detached houses

2. Duplex and semiDetached houses

5 persons per household Maximum permitted

12 units

60

24 bedrooms

8 units

40

16 bedrooms

4 units

20

8 bedrooms

5 persons/household Maximum permitted

3. Guest house/hotel

25 bedrooms

50

15 bedrooms

30

10 bedrooms

20

2 person

4.

Apartments/multi

12 two

60

8 two

40

4 two

20

5 persons per household

bedrooms

bedrooms

bedrooms

24 rooms

16 bedrooms

8 bedrooms

Family

5.

Condominiums

12 two

36

8 two

24

4 two

bedrooms

bedrooms

bedrooms

24 bedrooms

16 bedrooms

8 bedrooms

Maximum permitted

12

3 persons per condominium unit

102 TCI Development Manual 28 April 2014

CHAPTER 4 SPECIAL PROVISIONS RELATING TO CONSERVATION

103 TCI Development Manual 28 April 2014

104 TCI Development Manual 28 April 2014

CHAPTER 4 SPECIAL PROVISIONS RELATING TO CONVERSATION Table of Contents 4.1

CONSERVATION AREAS

4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.1.6 4.1.7 4.1.8 4.1.9 4.1.10 4.1.11 4.1.12

General Policies and Guidelines Special Considerations Identification of Sanctuaries Nature Reserves Woodland Reserve Areas Agriculture Land Reserves Salinas Underground Water Lenses Permitted Development in Water Conservation Areas National Parks Recreational Development Historic Sites

4.2

ENVIRONMENTAL PROTECTION

4.2.1 4.2.2 4.2.3 4.2.4

General Control of Water, Air and Noise Pollution Landscape Aesthetics Ecology

4.3

BEACHES AND COASTAL AREAS

4.4

BUILDINGS

4.5

SEA WALLS

4.6

ACCESS TO THE FORESHORE

4.7

OPEN SPACES

4.8

PUBLIC ACCESS TO OPEN SPACES

4.9

MARINE AND OTHER WILDLIFE, FLORA AND FAUNA

4.10

WASTE DISPOSAL AND POLLUTION

105 TCI Development Manual 28 April 2014

CHAPER 4 SPECIAL PROVISIONS RELATING TO CONSERVATION 4.1

CONSERVATION AREAS

4.1.1

General policies and guidelines a)

General There are a number of Ordinances which provide for the protection of specific natural resources. They are:

b)

─

The Coast Protection Ordinance, 1970

─

The National Parks Ordinance, 1975

─

The Fisheries Protection Ordinance, 1976

─

The wild Birds Protection (Amended) Ordinance, 1973

─

The Physical Planning Ordinance, 1989

The Physical Planning Ordinance makes provision for: ─

areas of natural beauty,

─

unique flora and fauna,

─

hydrological, geological and landscape features, and

─

areas of scientific value,

c)

The National Parks Ordinance, 1975, provides for the establishment of National Parks, nature reserves, sanctuaries and historic sites and for the imposition of restrictions on development in such areas.

d)

Applicants may be required to preserve within their development, areas declared under the Ordinance as conservation areas, Private land owners whose lands have been declared conservation areas are entitled to compensation where owners can prove that there has been loss of value of their interest.

e)

Applicants who submit proposals for commercial and/or industrial development of land situated in a conservation area, must submit environmental impact assessments prepared at their own expense.

106 TCI Development Manual 28 April 2014

f)

4.1.2

The specific provisions with respect to buildings given in this Section are in effect for the area to be specially preserved.

The Director and the Board may, after consultation with the Direction of the National Trust or with other persons with special interest in the preservation of the physical environment of the Islands vary the provisions for any particular development in order to enhance or preserve the environment of the area in which the building is to be sited.

Special considerations In order to determine the most appropriate uses of resources in Conservation areas, these areas have been categorized as follows: ─

Sanctuaries

─

Natural Reserves

─

Woodland Reserves

─

Arable Land Reserves

─

Salinas

─

Underground Water Lenses

4.1.3

Identification of sanctuaries

4.1.3.1

General

4.1.3.2

a)

Sanctuaries are designated as areas within which the protection of sites of special environmental or scientific interest takes precedence over all other planning considerations. Such sites include wetlands, coral reefs, and habitats of special fauna, rock formations and special geological features.

b)

Land declared as a sanctuary in a conservation area under the Physical Planning Ordinance will be subject to the following restrictions on development: i)

The Board shall not approve any subdivision which would adversely affect the quality and character of the sanctuary.

ii)

In considering any development application, the Board may determine that a specific parcel of land is of such environmental value or scientific interest that no development shall be permitted.

Permitted development in a sanctuary

107 TCI Development Manual 28 April 2014

The only form of development that will be permitted in a sanctuary is minor site works or structures which:

4.1.4

i)

are essential to the maintenance of the sanctuary,

ii)

are sited so as not to adversely affect any of the features of special environmental value or scientific interest.

Nature reserves Nature reserves may be established for the following reasons: ─

maintenance of game species for hunting under license during a particular season,

─

regulation of a fishery or other resources,

─

control of coral collection to maintain a balance with the natural production of coral.

Permitted forms of development in nature reserves are recreational and open land development. Recreational development shall not be detrimental to the surrounding area by reason of the scale of the recreational activity.

4.1.5

4.1.6

Woodland reserve areas a)

Woodland reserve areas are designated as areas within which the preservation and protection of significant stands of trees, shrubs and vegetation takes precedence over all other planning considerations.

b)

The significance of such stands may be due to their species, age, visual importance or importance as a wildlife habitat.

c)

The best means of protecting such areas is to prohibit any development that involves the removal of vegetation.

Agriculture land reserves a)

Agriculture land reserves are designated as areas within which the preservation and protection of arable land takes precedence over all other planning considerations. (See Chapter 3 for standards relating to agriculture developments.

108 TCI Development Manual 28 April 2014

b)

4.1.7

4.1.8

4.1.9

The following development shall be permitted in agriculture land reserves: i)

Semi-permanent structures including greenhouses, that are accessory to the principal agriculture use of land may be approved, provided such structures are directly associated with the agriculture use of the land.

ii)

A detached dwelling house of a size and design compatible with features of the lot.

iii)

Such facilities as are necessary to gain safe access to the lot and for parking vehicles within the curtilage of the lot.

Salinas a)

Salinas are designated as those areas where some development may be appropriate after investigations have been conducted to determine the most desirable method of development. Appropriate drainage facilities must be constructed to allow for loss in water retention and capacity of Salinas to act as storm water impoundments. Preservation of some Salinas is essential to maintain that particular type of environment for scientific research and visitor observation.

b)

Development shall be permitted in these areas subject to a thorough environmental impact assessment. The study should describe the nature and extent of changes to be anticipated in the environment as a result of the proposed development, and compare all attendant costs and benefits. No such development may be allowed to proceed without the assessment referred to.

Underground water lenses a)

Underground water lenses are designated as areas where the geological structure provides natural catchments and storage for water run-off.

b)

The best means of protecting such areas is to prohibit any development that involves the removal of vegetation.

Permitted development in water conservation areas Permitted forms of development in water conservation areas are: ─

recreation and open land;

─

agriculture(tree crops) may be permitted as long as it is not detrimental to the area by reason of scale of development;

109 TCI Development Manual 28 April 2014

4.1.10

─

drilling of wells may be allowed subject to the approved of the Board and the strict control by Government of the amount of water to be extracted;

─

equitable use and distribution of groundwater as an important national resource.

National parks a)

General Under the provisions of the National Parks Ordinance, the Governor may be order declare any area in the islands, including any part of the territorial waters of the Islands to be: i)

a National park, or

ii)

a Nature reserve, or

iii)

a Sanctuary, or

iv)

an Area of historical interest

The aforementioned areas are designated under the National Parks Ordinance in order to preserve protect, maintain and enhance the environmental, cultural and heritage aspects of the built and natural environments, which are of special significance to the community. b)

In considering applications for “development” in any of the aforementioned designation, the Physical Planning Board will have regard to the provisions of the National Park Ordinance, as to the type(s) of development that may be permitted.

c)

Other than those areas already afforded protection from unsympathetic development under the National Park Ordinance, the entire length of the historic footpath “ Crossing Place Road” and its surrounding area of outstanding natural beauty is worthy of protection. It is for this reason that the entire area of land to the north from the junction of the Middle Caicos Main Road directly to the landing shall be protected. This entire area is given the status of “Nature Reserve’, in addition to those already listed under the provisions of the National Parks Ordinance.

110 TCI Development Manual 28 April 2014

4.1.11

Recreational development

a)

Recreational development shall not be detrimental to the surrounding area by reason of the scale of the activity, excessive noise or the intensity of traffic generated.

b)

In approving as application for recreational development, the Board shall be satisfied that the nature of the activity and the scale of development are appropriate for the site, taking into consideration:

c)

4.1.12

─

the location and size of the site,

─

the nature, character and density of surrounding development,

─

the amenity value and visual quality of the site, and

─

the suitability of roads and access to the site to accommodate safely and freely the traffic generated.

The Board shall exercise its discretional with respect to the details of the development to ensure that: ─

structures are sited so that maximum area possible is retained in an open state,

─

the scale and design of development is compatible with the nature of the activity to be accommodated.

─

safe access to the site and adequate off-street parking and serving facilities are provided, and

─

adequate landscaping and additional planting are provided.

Historic sites a)

The National Parks Ordinance makes provision for the preservation of building national monuments, sites and objects of historic importance. The protection of such building, sites, and historic objects takes precedence over all other planning considerations in areas declared historic sites under the National Parks Ordinance.

111 TCI Development Manual 28 April 2014

7

b)

Owners of buildings of architectural and/or historic interest should recognize the importance of preserving these buildings, as they represent an essential part of the Islands’ cultural heritage. Where repair or renovation works are necessary, every effort should be made to ensure that the original design is preserved. In this regard the Department of Planning will consult with the National Parks Committee before permission is granted for any development in an area declared as a historic site.

c)

Owners of property on which there are historic relics should consult the Department of Planning for advice on restoration and preservation of the historic relics within a compatible environment and within the context of viable development.

d)

The appropriate conservation option for a building of historic significance will depend on the nature of the building, its importance to the community and the cost of restoration. The options may include preservation, re-use or incorporation, depending on the use to which the building can be put.

e)

Development and infrastructure projects may be permitted on sites containing archaeological resources if the sites are studied by experienced archaeologists and the resources protected before construction work begins. The cost of carrying out the studies will be borne by the developer. No application for such development will be approved without the consent of the Ministry responsible for the preservation of archaeological or historic artifacts.

f)

The Board may, subject to the approval of the Ministry responsible for the preservation of archaeological artifacts, attach a condition to the grant of development permission for any area with architectural or archaeological potential to the effect that the developer shall carry out an architectural assessment of the development area and remove, relocate or otherwise preserve any artifact found. The removal or preservation of any artifact shall be approved by the Ministry of responsible for the preservation of archaeological artifacts.

112 TCI Development Manual 28 April 2014

4.2

ENVIRONMENTAL PROTECTION

4.2.1

General Chapter 7 of this Manual provides specific information on Environmental Impact Statements which may be required by the Board.

The three major elements to be considered in protecting the environment of the Turks and Caicos Islands are:

4.2.2

─

control of water, air, and noise pollution,

─

landscape aesthetics, and

─

the ecology.

Control of water, air and noise pollution a)

Increasing concern is being expressed about water pollution in the Turks and Caicos Islands. Underground water sources and in-shore and off-shore sea waters are liable to be polluted by inappropriate development. The major method of sewage disposal in the Islands is by pit latrines. In the newer areas of development, water-carried soil absorption systems such as septic tanks with soak away pits or tile fields are used.. Thus the potential for groundwater pollution from sewage is ever present in those islands with groundwater lenses.

b)

Of special concern is the potential pollution of in-shore waters, as this can be extremely detrimental to swimming beaches, which are of great value both to the tourist economy and for recreation by residents. The pollution is also damaging to marine life.

c)

Applicants for planning permission should ensure that: i)

Waste material or effluent (domestic or industrial) is not arbitrarily discharged into the sea waters.

ii)

Where discharge of any waste material or effluent into the sea waters is being contemplated, an environmental impact assessments is undertaken to determine whether the discharge will affect marine life or any of the recreation and resort beaches. This assessment includes a study of the hydrography of the onshore and offshore waters.

113 TCI Development Manual 28 April 2014

d)

e)

4.2.3

iii)

In areas of extensive development, consideration be given to the installation of sewage treatment plants which can produce effluent satisfactory to the Environmental Health Department.

iv)

The National Parks Ordinance is not violated.

v)

All marinas provide facilities for the collection and disposal of sanitary waste from boat holding tanks.

Heavy Industry is one of the greatest air pollutants. In establishing heavy industry special attention shall be given to its location and to its relationship to housing. The followings are general guidelines for heavy industry development: i)

Heavy industry should be located in areas where the air can circulate freely and easily.

ii)

All factories emitting smoke, should have all tall chimneys so that the fumes can be dispersed in the atmosphere.

iii)

All dust emitting factories should be fitted with electronic precipitators or other mechanisms which can remove dust safely.

Noise pollution can be just as injurious to health as air and other forms of pollution. Applicants should ensure that: i)

enterprises which are noise generating be located in sound proof buildings;

ii)

where permission is given by the Board for the establishment of clubs, churches, theatres, and similar establishments, in or adjacent to residential areas, restrictions be placed on the hours of operation.

Failure to comply with such restrictions as may be approved by the Board may result in the permission being revoked;

iii)

light industry avoid using and operating noisy machines after 5 pm and at night;

iv)

heavy machinery not be used at nights excepts in cases where this is unavoidable.

Landscape aesthetics a)

Environmental beauty is one of the outstanding characteristics of the Turks and Caicos Islands and an important resource both as an attraction to tourists and an environmental amenity for residents. Those very features which give the country its unusual and beautiful landscapes –especially the small scale and 114

TCI Development Manual 28 April 2014

delicate quality of the natural environment-are highly susceptible to modification and destruction.

4.2.4

b)

Consequently, all types of development require sensitive planning and careful control if this resource is to be maintained and enhanced. The most important general concept to be followed is that of integration of development with the natural landscape so that there is minimal ecological and aesthetic modification, or, if substantial change to the natural landscape is justified, the development be designed to complement the landscape.

c)

Widespread mining and quarrying activities have created many large open cuts and pits. Quarry sites should be rehabilitated when no longer is use. New quarry sites should be selected so that they are not in view of present and future main roads or major development, and should be used in such a manner that later rehabilitation is feasible.

d)

Improvement road construction in hilly terrain can also create ugly cuts. Where cuts are necessary they should be so designed to have natural contours in order to fit into the landscape. The sides of the cut should be planted to the extent feasible.

e)

Unnecessary cuts and fills also result from poor subdivision design. Because of steep slopes, some hillsides should not be developed at all or should have very low density. Subdivisions on more moderate slopes should be designed so as to relate the size and frontage of lots to the slope of the land with streets following the contours (and in some cases made one-way to minimize the width of the road); and houses should be designed to follow the contours, so that as little cut and fill as possible is required.

f)

Cutting of existing trees, particularly mature ones, should be carefully controlled when any type of development, including construction of streets, takes place.

Extensive landscaping plans, including any proposed tree cutting should be submitted to the Planning Department for review.

Ecology The complex interrelationships between plant and animal life and their physical environment is of prime consideration in planning and development in the Turks and Caicos Islands where all the Islands are environmentally fragile. It is considered desirable from a scientific, cultural and environmental or economic point of view to preserve areas of ecological importance such as reefs, swamps and woodlands, or certain species of plants or animals which are threatened by an intended development. It is necessary to consider from the beginning how this can best be done while achieving the main aims

115 TCI Development Manual 28 April 2014

of the proposed development. As a result all proposals which involve areas of ecological importance must be supported by environmental impact statements.

4.3

BEACHES AND COASTAL AREAS

4.3.1

Access to the coast Access to the whole coastline of all the Islands is to be free to the public. For that reason special areas should be left for fishing beaches and good bathing beaches with access provided from a public thoroughfare.

4.3.2

4.4

Construction of developments within the coastal areas a)

Any development along the coast which is not specially designated as a harbor is to be set back from the vegetation line or ironshore so as to be safe from the effects of storm surge and coastal flooding. The amount of setback required will normally be 60 to 130 feet from the vegetation line, but this will depend on the slope of the area, the nature of the substrata and the prevailing oceanographic conditions. (See 3.4.2) the setback allowed for any particular development shall be at the discretion of the Board on advice from the Director.

b)

The construction of jetties and docks must be the subject of engineering and environmental studies. The design and construction of the development shall be reviewed by the Chief Engineer, Ministry of Works. In addition as it involves works below the high water mark or work outside of the seaward boundary, a license from the Crown will be required.

BUILDINGS Buildings, such as boat houses, gazebos and changing facilities, may be permitted within the shoreline reservation subject to the following conditions: i)

the location and type of the shoreline

ii)

the size of the building shall be kept to a minimum,

iii)

the scale, design and building materials used shall ensure that the development blends with its natural surroundings and has a minimal visual impact, and

iv)

the disposal of waste must be carried out to the approval of the Chief Environmental Officer

116 TCI Development Manual 28 April 2014

4.5

SEA WALLS a)

Chapter 8 provides information on the design of sea walls or other beach protection measures

b)

Sea walls where necessary for reasons of safety or maintenance of the beach, may be permitted within the shoreline reservation subject to the following:

c)

4.6

i)

the extent and height of the wall shall be kept to minimum,

ii)

the scale, design and building materials used small reproduce as far as possible the natural appearance of the coastline in order to minimize the visual impact, and

iii)

the wall must be constructed so as to minimize erosion of the neighbouring beach areas.

In all cases this justifications for such work must be accompanied by an engineering study. Chapter 8 provides general guideline of standards to be examined for sea wall construction.

ACCESS TO THE FORESHORE a)

An access route to the foreshore may only be approved if the Board is satisfied that development: does not involve excessive excavation or filling, will not be detrimental to either the visual amenity or natural environment of the area, minimizes the extent of hard – surfacing in favour of a natural appearance.

b)

No filling, dredging, cutting of mangroves or other development of a coastal wetland will b considered by the Board without an environmental impact assessment accompanying the application for development.

c)

No mining or extraction of beach sand will be allowed except at approved locations in accordance with Coast Protection Ordinance.

d)

Development on the seaward side of coastal main roads should be so arranged that there is no continuous “wall of building” screening the view of the sea. The distance between contiguous buildings will be determined finally by the Board.

No hedge or opaque fence should be constructed on the seaward side of any 117

TCI Development Manual 28 April 2014

coastal main road in excess of the specified height of 3 feet 6 inches without the express permission of the Board. In conservation areas, the Board may request that the fence conforms to certain architectural qualities. e)

Sewage and waste water disposal facilities must be to the satisfaction of the Environmental Health Department and Water Department. All marinas will be required to provide facilities for the collection and disposal of sanitary waste from boat holding areas.

4.7

OPEN SPACE

4.7.1

General The retention of open space areas shall be encouraged in order to:

4.7.2

i)

maintain a balance between developed and undeveloped areas

ii)

create continuous belts of open land

iii)

provide sufficient open space for the needs of the community

Permitted forms of development Permitted forms of development in open space areas are as follows: a)

b)

4.7.3

open land and recreational development subject to:

i)

there being sufficient land for subdivision for residential purposes without detriment to the character of the land within the open space area, and

ii)

the Board being satisfied that the specific parcel of land is not required wholly for the open space needs of the nation.

commercial and social facilities as accessory uses to the principal open land use, provided that the Board is satisfied that such development functions are in conjunction with and are part of the principal use.

Conditions for approval of recreational development

118 TCI Development Manual 28 April 2014

In approving an application for open land or recreational development, the Board shall be satisfied that:

4.7.5

a)

no significant alteration to the existing topography occurs;

b)

all significant natural features, stands of trees and mature vegetation are preserved and protected;

c)

with respect to structures associated with open land or recreational development: i)

the proposed structure is necessary to the principal open land or recreational use;

ii)

the proposed structure cannot be located elsewhere.

Planning requirements All details of planning of accessory structures shall be carried out to the approval of the Board. The following conditions should be observed:

e)

i)

the maximum site coverage shall not exceed 5%, and

ii)

the maximum height shall not exceed 14 feet from the ground to the line of the eaves.

In approving an application for residential development, the Board shall be satisfied that: i)

the development is sited and designed in a manner that minimizes the impact on the topography of the land;

ii)

all significant natural features, mature trees and vegetation are preserved;

iii)

the development is designed and landscaped in a manner that minimizes visual impact as viewed from main roads and other public places; and that

iii)

the maximum height of the buildings does not exceed two storeys or 25ft without the permission of the Board..

4.8

PUBLIC ACCESS TO OPEN SPACES

4.8.1

General 119

TCI Development Manual 28 April 2014

Opening space areas or public access areas are designated as areas within which the principal planning considerations should be:

4.8.2

a)

the preservation of open space and natural beauty

b)

the maintenance of buffer areas between developed areas

c)

the provision of land for recreation.

Legal basis for the declaration of open spaces Section 60 (i) of the Physical Planning Ordinance provides the legal basis for the declaration of public areas used for recreational purposes. Where it appears to the Governor, that it is desirable that the public should have access to any land for open air, recreation and perambulation he may:

4.9

a)

in the case of Crown Land, declare such land in the Gazette;

b)

negotiate an agreement for such access in all other cases;

c)

where negotiation is not possible, confer public rights of access on the land by notice in the Gazette, but in such case the owner or tenant is entitled to compensation if diminution in the value of his interest is established

MARINE, OR OTHER WILDLIFE, FLORA AND FAUNA a)

The Turks and Caicos Islands comprise three geological platforms (shelves), the Mouchoir Bank, the Turks bank and the Caicos Bank. The banks average 6-12 feet and slope gently from north to south. These shallow banks are covered with sand, mangrove and turtle grass (thallassia) which provide valuable habitat for two major fisheries lobster and conch.

b)

Well developed coral reef is found adjacent to the Islands and cays as well as at the shelf edge. Nearer to the land are located the tidal flats and mangrove areas, while the seaward facing shallows contain much of the turtle grass areas.

c)

This complex of swamps, shallow lagoons, flora and fauna is extremely productive and in addition to being a spawning ground for lobster and conch, it yields enormous quantities of food for marine creatures, including economically important fish which inhabit both in shore waters and the open sea.

120 TCI Development Manual 28 April 2014

4.10

d)

Within this area, the preservation and protection of the natural land form, rock formations and habitats of flora and fauna should take precedence over all other development considerations.

e)

Development shall ordinarily be discouraged and the Planning Department and the Fisheries Department will collaborate in declaring coral reefs marine parks and designating use area where certain activities will be controlled.

WASTE DISPOSAL AND POLLUTION a)

Garbage management for residential units arranged as town houses, apartments or in other aggregations where they share a common entrance, should include a build-in receptacle designed and located where it cannot be a nuisance to the occupants nor to passer-by. Closures should have tamper proof devices to prevent opening other than by persons putting garbage into it or by municipal workers taking garbage out. The garbage storage unit should be sealed to the greatest extent possible to prevent escape of odours and fly infestation and it should be properly maintained on a day –to-day basis.

b)

The local roads with residential development such as town houses, apartments etc. must be of sufficient dimension to allow garbage disposal vehicles easy access and facility for turning.

c)

In industrial and commercial areas, safe sanitary and efficient garbage disposal facilities should be installed and garbage collection and disposal should be done privately and on a collective basis, where possible.

121 TCI Development Manual 28 April 2014

CHAPTER 5 SUBDIVISION STANDARDS AND DESIGN REQUIREMENTS Table of Contents

5.1

SCOPE

5.2

PRINCIPLES TO BE OBSERVED IN THE SUBDIVISION OF LAND

5.3

INFORMATION TO BE SUPPLIED

5.4

RESTRICTIONS

5.5

PHASING AND SEEDING

5.6

VARIANCE

5.7

LAYOUT OF BLOCKS

5.8

LAYOUT OF LOTS

5.9

ROAD ACCESS REQUIREMENTS

5.10

CIRCULATION NETWORKS

5.11

STREET DESIGN

5.12

DRIVEWAYS

5.13

GENERAL REQUIREMENTS FOR STORMWATER DRAINAGE

5.14

AMENITIES FOR DEVELOPMENT SITES

5.15

HOUSING IN SPECIAL AREAS

5.16

DOCUMENTS TO BE PROVIDED WITH APPLICATIONS FOR DEVELOPMENT PERMISSION a)

Application form Exemption from the requirements of 5.16b)

5.17

FEE

5.18

LOCATION MAP

122 TCI Development Manual 28 April 2014

5.19

SUBDIVISION (LAYOUT) PLAN

5.20

OTHER APPLICATION REQUIREMENT

5.21

PROCESS OF APPROVAL

123 TCI Development Manual 28 April 2014

CHAPTER 5 SUBDIVISION STANDARDS AND REQUIREMENTS

5.1

SCOPE This Chapter sets out the standards to be observed in the development of subdivisions.

5.2

PRINCIPLES TO BE OBSERVED IN THE SUBDIVISION OF LAND Subdivision of land shall be designed so as to:

5.3

i)

enhance or preserve the quality of conservation areas and all natural features,

ii)

maintain the integrity of any arable land reserve area and woodland reserve area,

iii)

provide for safe and unobstructed vehicular access and movement,

iv)

be suited for the intended form of development.

v)

be consistent and/or compatible with the development of adjacent land of similar size and usage

INFORMATION TO BE SUPPLIED a)

The subdivision plan should be based on the Registered Block Plan at a scale of between 1:500 and 1:250. The choice of scale will depend on the area of land being subdivided but should be appropriate to show the following: particular of all adjacent roads and properties sufficient to identify the site on the ground; the position, number and size of the proposed lots; lot numbers; all existing building (temporary and permanent);

124 TCI Development Manual 28 April 2014

the positions and details of any easement, rights of way, power lines, away leaves, etc., existing or to be provided; all roads, drains, major physical features and watercourses within the area to be subdivided; all existing survey information including position of existing beacons, etc; a North point; proposed method of access to all lots and details of all roads, bridges, culverts etc., including dimensions and construction specifications; details of the provision of water supply, sewage, waste and storm water disposal, electricity and telecommunications; proposed phasing, if any; use of each lot; scale to which the plan is dawn. b)

5.4

Subdivision site plans must show the general outline of any proposed building or construction noting overall dimensions and set backs. Applicants should give careful attention to the quality of the overall design, including house type, community facilities, parks landscaping and street furniture.

RESTRICTIONS Land shall not be subdivided unless it is suited to the purpose for which the subdivision is intended, having regard to: i)

the topography, physical conditions and soil characteristics of the land;

ii)

potential for flooding, subsidence and erosion, and

iii)

accessibility.

125 TCI Development Manual 28 April 2014

The physical character of the site should have a strong influence on the size and shape of the blocks. Each block shall normally be designed to provide two rows of houses, one on each side of a road, commonly known as “backs to backs� lots. However, on fairly steep, but stable land, houses may be arranged in single rows only, as it may be impossible to provide access to lots on both sides of the road.

5.8

LAYOUT OF LOTS a)

Lots should be laid out and arranged in such a way as to avoid any foreseeable difficulties by reason of unusual topography or other natural conditions, and to permit construction of buildings and access ways in full compliance with the Building Code.

b)

Lots should not be of such a depth to encourage the later creation of a second building lot at the rear. If such depth of a block is unavoidable, and a lot is being (or may be) created, provision should be made in the layout of the subdivision for access to the rear, by the construction of driveways to the lots that do not face the road.

c)

Double frontage lots (lots with roads on both sides) should be avoided as far as it is practicable. If lots must face on to major traffic arteries, a landscaped buffer zone should be placed between the row of lots and the major roads. In such cases vehicular access should be from a service road or a parallel road at the rear.

d)

For corner lots, special standards are to be followed in the design and planning of the subdivision to provide and unobstructed view over corner lots for traffic safety. The property lines of corner lots must have a 45 degree straight line splay determined by measuring 10 feet back from the corner along each side.

This splay is a minimum, and the Board may request an increase in the dimensions of the splay so as to protect traffic sight lines where the lots are on sloping terrain or where terracing may be required.

e)

All side lines of lots should preferably be at right angles to the straight road lines and radical to the curved road lines. Variations for the purpose of orientation etc., may be allowed.

f)

To improve the visual quality of streets, parking areas for apartment blocks and other buildings should be located where convenient, out of sight (eg screened by landscaping); on the other hand open spaces, if appropriate, should be visible without imposing on the privacy of occupants.

126 TCI Development Manual 28 April 2014

5.9

5.10

g)

subdivisions may be designed to accommodate not only detached houses but also mixed housing types, including apartments and town houses, depending on the circumstances and density requirements.

h)

The Board will not approve the creation of lots or parcels within a parcel without plans being made for the provision of an access road (or roads) to the lots or parcels so developed.

i)

In approved and/or existing subdivision such bas Long Bay Hills, Cooper Jack Bight, Turtle Tail, the Glass Shack area, Thompson Cove and other low density residential areas, where the sizes of parcels are consistent and characteristic of the locality, no further subdivision of individual parcels shall be permitted.

ROAD ACCESS REQUIREMENTS a)

All lots are to have direct access to a public road, or in the case of one or twounit residential lots only, access to a public way.

b)

The arrangement of roads in a subdivision may, if required, provide for the entrance and continuation of principal roads from adjoining subdivisions and for the extension of principal roads into adjoining land which has not yet been subdivided. Such arrangements may be required in order to facilitate the movement of pedestrians and fire fighting vehicles, and for the installation or extension of utilities and other public service.

c)

Wherever possible, lots should be laid out so that driveways have access to roads intended to carry the least traffic.

d)

Access to corner lots should be from the road carrying the least traffic, and the point of access should be as far away as possible from the corner junction.

e)

Motor vehicles from row or town-house should, where convenient, discharge into its own access way and not directly on to main roads.

f)

All roads so indicated on the registered TCI Government block Plans and in the proposed and approved subdivision plans shall remain unobstructed and accessible to the public.

CIRCULATION NETWORKS a)

In subdivisions, roads and footpaths provide the basic framework around which a new neighbourhood is developed. They establish the neighbourhood’s

127 TCI Development Manual 28 April 2014

structure, and have a major influence on the visual and functional character of the emergent community. b)

5.11

Design of the circulation network is of pre-eminent importance and will be given serious consideration in the assessment of any application. The following list outlines the major factors which are determined or influenced by road alignments, and which will be considered in the assessment of any subdivision: i)

Arrangement for pedestrian or vehicular traffic – Roads and footpaths must lead people economically and safety in the direction they want to move.

ii)

Efficient routes and gradients for drainage and sewage – In the interests of economy, the road circulation network and its associated facilities must take into account the layout of stormwater drainage and sewage facilities in adjoining development, and must be so designed that the infrastructure facilities in the development being planned will be compatible with, and can be joined to the existing facilities.

iii)

Orientation of housing – Road alignments will often determine the direction in which houses will face, and this should be consistent with comfort, exploitation of breezes and scenic views. The layout should also encourage economical building construction in relation to existing contours.

iv)

Clarity of layout – It should not be too difficult to find one’s way round a new settlement, and the layout of the roads should provide a clear and easily comprehended network.

v)

Environmental impact – Roads, particular in hilly and other environmentally sensitive areas as determined by the Director, should be aligned with a sympathetic regard for the topography, preserving good trees and other natural features. The Board may require that the plans for such developments be reviewed by way of an environmental impact assessment.

STREET DESIGN The street network must be safe for vehicles and pedestrians, and must satisfy the detailed engineering requirements with respect to sight lines and junction design, which are outlined in Chapter 3. Subjects to the limitations imposed by the terrain the following design criteria apply: i)

road junctions are to be as near as possible at right angles (90 degree); 128

TCI Development Manual 28 April 2014

5.12

ii)

Y-junctions are to be avoided;

iii)

T-junctions are to be avoided on inside curves;

iv)

cross-intersections are to be avoided in residential districts;

v)

residential road intersections on the same or opposite sides of a road should not be less than 200 feet apart, unless warranted by exceptional site conditions;

vi)

steep gradients at road intersections should be reduced as much as possible. As a general rule no residential road (service road) should have gradient in excess of 15%.

vii)

the gradient of a subdivision road (local road) shall not exceed 5% for a distance of 100 feet from a road junction;

viii)

service roads should be provided where necessary, to avoid more than two entrances from the proposed subdivision onto the main road.

DRIVEWAYS a)

Driveways and walkways should be designed to prevent or inhibit the passage of large flows of storm water from the adjoining areas on or across the driveways and walkways.

b)

Driveways from lot should be at least 20 feet from intersections, where possible. Normally, the minimum width of one-way driveway serving one four dwelling units shall be 8 feet. If the driveway is also to serve as a walkway the combined width shall not be less than 10 feet clear of all projections.

c)

The minimum width of a two-way driveway to serve more than four dwelling units shall be 18 feet. If a walkway is to be combined with a driveway, the width of the walkway shall be additional to the minimum driveway width and should be clearly demarcated.

d)

Walkways should be provided from all required entrances and exits of residential buildings to parking areas and adjacent public roads. The minimum width of walkways shall conform to the following: i)

main walkways for apartment buildings more than 2 storeys high and walkways serving more than one buildings shall have a minimum width of 4 feet.

129 TCI Development Manual 28 April 2014

5.13

5.14

ii)

main walkways for apartment building not more than 2 storeys high shall have a minimum width of 3 feet.

iii)

secondary walkways for apartment buildings not more than 2 storeys high shall have a minimum width of 2 ft.

iv)

main walkways to a house entrance shall have a minimum width of 2 -6 feet.

e)

The maximum gradient for walkways shall be one in 20 except in difficult terrain where steeper slopes will be permitted.

Note:

walkways to be used by handicapped persons shall be designed in accordance with Appendix G of the Building Code – Accessibility Guidelines for Handicapped Persons.

GENERAL REQUIREMENTS FOR STORMWATER DRAINAGE a)

Stormwater drainage should be designed and constructed to accept storm water from the development and from adjoining areas where necessary, and to dispose of the storm water safely into existing drainage channels or gullies, or into specially constructed suck wells where the percolation characteristics of the ground make this possible.

b)

Every lot is required to have adequate drainage to dispose of surface run-off.

Proposed and existing culverts, outlets, inlets and earth drains should be shown on the plan. Existing drainage facilities should be upgraded if they are not adequate to accommodate the requirement of the development. Drainage should be removed from the proposed roads at intervals not exceeding 50 feet.

c)

No proposed road should drain directly on to an existing road without the permission of the Chief Engineer, EMS TCI Government..

AMENITIES FOR DEVELOPMENT SITES a)

In single family detached development, space such as parks, playgrounds and sports fields are needed as part of the public areas.

b)

In multi-family development, space must be reserved in the site for landscaping and for recreational purposes, in addition to areas reserved for car parking and drive ways etc. This space so reserved is referred to as the amenity area and may also include swimming pools, tennis courts and other areas within the site,

130 TCI Development Manual 28 April 2014

which in the judgment of the Board, may be used for general recreational purposes. c)

5.15

i)

one-bedroom unit 300 sq ft;

ii)

two-bedroom unit 600 sq ft;

iii)

three bed-room, unit 1,000 sq ft.

d)

For development of more than 40 dwelling units, playgrounds with play equipment shall be established on a minimum basis of 1,000 sq ft per dwelling unit.

e)

Plans for the subdivision of land into more than six (6) lots must show than ten percent of the area of the land to be subdivided will be devoted to open space which shall be used as public area for recreational and landscaping purposes.

HOUSING IN SPECIAL AREAS a)

5.16

The minimum amenity area for each unit should be provided as follows:

This section applies to specific forms of development such as: i)

urban rehabilitation,

ii)

sites and services schemes, and

iii)

low income housing

b)

In these areas the Board may be more flexible in their assessment of the minimum standards for such developments. The Board may modify its requirements with regard to the minimum lot area allowed, the required amenity area, the standards of design and layout of roads and footpaths.

c)

The standards for public health including the minimum provisions for water supply and sewage facilities, fire prevention, and hurricane resistant construction as described in the TCI Building Guidelines must be maintained.

DOCUMENTS TO BE PROVIDED WITH APPLICATIONS FOR DEVELOPMENT PERMISSION a)

Application Form An application form which must be completed in triplicate and submitted to the Director of Planning must accompany the application for development permission.

131 TCI Development Manual 28 April 2014

The following information is required and must be shown on the plus where applicable:

b)

─

name of owner of land;

─

road access including construction specifications, widths and details of any bridges and culverts etc, to and within the subdivision, and the joining of any access to a public highway;

─

the provision of potable water to and within the subdivision and the disposal of waste water and sewage within and form the subdivision;

─

the disposal of storm water within and from the subdivision;

─

electric power to the subdivision;

─

telecommunications lines to the subdivision;

─

provision for maintenance of infrastructure prior to completion of all buildings and services;

─

allocation of land for public purposes.

Exemption from the requirements of 5.16 a) These requirements shall not apply to an application to subdivide land, not being an application in respect of the subdivision of land into strata lots, where the land is:

5.17

i)

Owned and occupied by the applicant, and

ii)

Three acres or less in area, and

iii)

to be subdivided into not more than six lots.

FEE The appropriate fee must be paid and accompanied by the “Certificate Required to Accompany Applications for Grant of Development Permission.” The estimated cost of the development as given by the applicant on the application and accompany Certificate may be assessed by the Director of Planning. If the Director decides that there is underpayment of the fee, he must serve notice on the applicant to pay the appropriate fee. The applicant has the right to appeal to the Minister. The notice of appeal must be submitted on the prescribed form in triplicate with 14 days of the notice of the assessment.

5.18

LOCATION MAP 132

TCI Development Manual 28 April 2014

The location map is an essential part of the applications as it facilities:

5.19

─

identifying the physical location

─

the officer processing the application to locate the site easily and avoid delays

─

The map should normally be at a scale of 1:2500.

SUBDIVISION (LAYOUT) PLAN The subdivision plan should be based on the Registered Block Plan at a scale of between 1:500 and 1:250. The choice of scale will depend on the area of land being subdivided should be appropriate to show the following:

5.20

─

particulars of all adjacent roads and properties sufficient to identify the site on the ground;

─

the position, number and size of the proposed lots;

─

lot numbers;

─

all existing buildings (temporary and permanent);

─

the positions and details of any easement, rights of way, power lines, way leaves etc., existing or to be provided;

─

all existing survey information including position of existing beacons, etc;

─

a North point;

─

proposed method of access to all lots and details of all roads, bridges, culverts etc., including dimensions and construction specifications;

─

details of the provision of water supply, sewage, waste and storm water disposal, electricity and telecommunications;

─

proposed phasing, if any;

─

use of each lot;

─

scale to which the plan is drawn.

OTHER APPLICATION REQUIREMENTS a)

Where small portions of a large land area are being cut off, the applicant should indicate where possible, the use to which the remaining portion of the land will 133

TCI Development Manual 28 April 2014

be put. This is intended to give the Department of Planning better control over “ ad hoc� developments. b)

5.21

Location maps and subdivision plans must be submitted in triplicate, drawn or reproduced to a recognized scale on durable material and signed on every sheet by the applicant or his agent. All copies must be true copies of the original plan or plans.

PROCESS OF APPROVAL The subdivision may be approved conditionally, unconditionally or refused. The applicant has the right of appeal with regard to refusal of the application or conditions imposed on the grant of approval.

Appeals to the Minister must be made on the prescribed form. A time limit of usually three years is granted for subdivision approval. If within that time, development has not commenced the granted lapses and ceases to have effect. The applicant may however, the end of the three year period, apply for an extension of time on the prescribed form.

134 TCI Development Manual 28 April 2014

CHAPTER 6 ADVERTISEMENT AND SIGNS

135 TCI Development Manual 28 April 2014

CHAPTER 6 ADVERTISEMENTS AND SIGNS

Contents 6.1

SCOPE

6.2

LEGAL BASIS

6.3

ADVERTISEMENT OF APPLICATIONS

6.4

PROCEDURE FOR GRANT OF DEVELOPMENT PERMISSION

6.5

CATEGORIES OF ADVERTISEMENT SIGNS THAT REQUIRE DETAILED DEVELOPMENT PERMISSION

6.6

PERMITTED SIGNS

6.7

LOCATION OF SIGNS

6.8

SIZES OF SIGNS

6.9

TEMPORARY SIGNS

6.10

ILLUMINATED SIGNS

6.11

DENSITY REQUIREMENTS FOR SIGNS

ANNEX 1

TYPE OF ADVERTISEMENT FOR DEVELOPMENTS REQUIRED UNDER REGULATION 7 OF THE DEVELOPMENT PERMISSION REGULATIONS.

136 TCI Development Manual 28 April 2014

CHAPTER 6 ADVERTISEMENTS AND SIGNS

6.1

6.2

SCOPE a)

This Chapter describes the procedure for applying for permission to erect an advertisement or sign and the standards to be used for the construction and erection of the sign.

b)

The requirements for the design and erection of advertisements and signs given in this Chapter are intended to assist developers in applying to the Board for permission to erect advertisements and signs.

c)

It is recommended that the requirements be read in conjunction with schedule 2 of the Permitted Development Regulations, and with Regulation 7 of the Development Permission Regulations. Developers of Planning if any conflict with these Regulations and the requirements in this Chapter are found.

LEGAL BASIS a)

Permission to display an advertisement is subject to development permission under Section 25 of the Physical Planning Ordinance with the exception of advertisements and signs complying with the requirements of Schedule 2 of the Physical Planning (Permitted Development) Regulations.

b)

The location, design and construction of the signs not meeting the conditions of Schedule 2 of the Permitted Development Regulations, must be approved by the Physical Planning Board in accordance with Section 25 of the Ordinance.

6.3

ADVERTISEMENT OF APPLICATIONS

6.3.1

Regulation 7 of the Development Permission Regulations states: “(1)

The Director shall, in the case of applications for he developments listed in Schedule 2 and may, in the case of any other application, require the applicant to advertise the application before it is considered by the Board by:-

137 TCI Development Manual 28 April 2014

(a)

placing an advertisement in the Gazette and one newspaper of general circulation in the Islands or in the Islands where the land the subject of the application is situate; and

(b)

affixing and maintaining in place a notice in a prominent position on, or as near as possible to, the land to which the application relates, for a period of at least 28 days.

(2)

The advertisement and notice shall be of such a size, form and content as will enable the reader of that advertisement or notice to become aware of the proposed development or other activity on the land to which the application the subject of the advertisement or notice relates, and of his opportunity to make representations on that application.

(3)

The Director may require that an advertisement and notice be approved by him before it is published or affixed.

(4)

A copy of the advertisement together with the date or dates on which it is to be published and a copy of the notice together with the date on which it is to be, or was, affixed on or near to the land shall be sent to the Director who shall file it with the application to which it relates�

6.3.2

Annex 1 shows the typical wording of an advertisement which would be in conformity with the regulation. However, it is the responsibility of the Development to prepare the advertisement which would provide the relevant information about the proposed development.

6.4

PROCEDURES FOR THE GRANT OF DEVELOPMENT PERMISSION a)

Application for permission to display an advertisement must be completed in triplicate on the prescribed form and must be accompanied by location maps, site plans and full details of the advertisement.

b)

No sign will be permitted except for purely directional signs needed to advertise a hidden business, if it is unrelated to the property on which it is to be sited.

c)

Directional signs should not include any advertisement material.

d)

Signs may be externally illuminated by spotlights but only in commercial areas.

No illuminated signs will be allowed in a residential or conservation area.

Illuminated signs must conform to the requirements of 6.9 of this Chapter.

e)

A grant of development permission to display an advertisement shall be in force for a period of three years from the date grant of permission. At this date

138 TCI Development Manual 28 April 2014

permission will lapse or cease and a new application must be made for a further period of three years.

6.5

6.6

CATEGORIES OF ADVERTISEMENT SIGNS THAT REQUIRE DETAILED DEVELOPMENT PERMISSION a)

All signs that do not fall within Schedules 1 and 2 of the Permitted Development Regulations

b)

Signs that are of a temporary nature but fall outside those permitted by the Permitted Development Regulations

c)

All sign exceeding twelve square feet in area and used for commercial gain.

PERMMITTED SIGNS Development wishing to erect signs should be familiar with the conditions given in Schedule 2 of the Development Permission Regulations. This Schedule gives the classes of signs which are permitted without the requirement for development permission from the Board. The classes include: a)

Functional advertisement of Government Departments, persons or bodies acting under statutory powers.

b)

Directional signs by Government departments eg: Traffic Department or Police Department etc.

c)

Business advertisements signs displayed on the premises to which they relate.

d)

Religious, educational, cultural, recreational and medical advertisement sign

These signs are all permitted signs with specific sizes as specified in Schedule 2 of the Permitted Development Regulations.

6.7

LOCATION OF SIGNS a)

Signs should not be sited on road reserves or on any land owned by the Government without written permission from the relevant Ministry and from the Board.

b)

Fascia signs should be designed so that they are flush against the face of the building. The lower edge of the sign should not be places higher than 12 feet above ground to the lower edge of the sign. The design of the building against

139 TCI Development Manual 28 April 2014

which the sign will be placed will taken into account when assessing the construction and location of such signs.

6.8

6.9

c)

No sign shall be placed in a manner so as to obscure or hinder any road traffic sign or cause distraction to drivers. Signs, if required near road junctions, should be located carefully so as not to affect sight distances of motorists.

d)

The highest point of a sign affixed to a building should not be more than fourteen feet six inches above the ground.

e)

No sign shall be attached to a gutter, drainpipe or fire escape, nor shall any sign impeded access to a roof.

f)

No sign shall be attached to any tree or utility pole without the permission of the Board.

SIZES OF SIGNS AND CONSTRUCTION a)

Signs (except commercial signs for business premises) should normally be three feet wide by one foot high and be at a maximum height of five feet above the concrete base, if free-standing, or at a minimum of seven feet six inches above the ground if attached to a building.

b)

The maximum allowable size for the advertisement signs for business and commercial premises shall be 16 square feet in area. However, the maximum area of such signs, must comply with area stipulated in Schedule 2 of the Permitted Development Regulations ie: the space which may be occupied by the advertisement on any external face of a building must not exceed one-twelfth of the overall area of that face up to height of eleven feet from ground level.

c)

All signs must be firmly fixed to be ground (if free-standing) or to the building so as to prevent loosening of the sign by high winds and thus causing damage to adjacent property.

d)

Signs projecting from a buildings should be firmly fixed and be no more than three feet by three and with lettering no more than two feet high.

e)

The base of free standing signs should be fixed firmly in concrete.

f)

Handing signs should be suspended by chains of adequate strength and must be removed in the event of high winds.

TEMPORARY SIGNS 140

TCI Development Manual 28 April 2014

6.9.1

Class III of Schedule 2 of the Permitted Development Regulations classify certain advertisements of a temporary nature. The Schedule specifically deals with: a)

Advertisements relating to the sale or letting of private premises:

b)

Advertisements relating to the carrying out if building or similar work on any land.

c)

The announcement of any local event of a religious, educational, recreational, cultural, political, social or like character provided that the activity is not carried on for commercial purposes.

6.9.2

The signs listed above are normally of temporary nature and can be displayed only for a limited period beyond that of the staging of the event. Signs for political advertisements can be displayed until the General Elections or Byelections being advertised are concluded; after which, these signs shall be removed from any public place or building by the parties concerned within a period of seven days of the General Election or By-election.

6.10

ILLUMINATED SIGNS a)

Illuminated sign shall be designed and erected in accordance with requirements of the Permitted Development Regulations. It is recommended that my deviation from these Regulations be discussed with Director who will advise if the application for the erection of the sign can be forwarded to the Board without amendment.

b)

The types of illuminated signs that are allowed include, but not limited to: i)

Reflective signs, where the sign itself is neither lighted internally nor has an external source of light specifically directed at it. This type of sign depends on the general lighting of the areas for its illumination

ii)

Internally illuminated signs, where the sign is constructed of translucent material and has internally lighting.

iii)

Signs which are illuminated by spotlights, with the lighting specifically directed to the wording on the sign.

c)

The light from any illuminated sign shall be so shaded and shielded that the light intensity or brightness will not be objectionable to surrounding properties.

d)

All external illumination shall be directed downward and shielded so that only the sign for which the lighting is intended to be highlighted shall be so lit.

141

TCI Development Manual 28 April 2014

6.11

e)

Neither the direct nor reflective light shall creative a traffic hazard to operators of motor vehicles.

f)

No sign shall have blinking, flashing, or fluttering lights or other illumination devices which has a changing light intensity, brightness, colour, or direction.

Strode lights are not permitted.

g)

No searchlights shall be used for advertising purposes.

h)

Property sale, Lease, rental, and construction project signs shall not be illuminated.

i)

No coloured lights shall be permitted at any location or in any manner that would create confusion with or be constructed to be traffic control devices.

j)

The Board will determine the appropriate times at which all illuminated signs shall be turned off at night.

DENSITY REQUIREMENT FOR SIGNS The density requirements for advertisement signs shall be as follow: a)

Temporary signs for civic events –one

b)

The maximum number of permanent signs allowed on any given site shall be two (2).

c)

Signs for the advertisement of sale of any property shall be for 30 days. Renewal for a further 30 days would require the payment of a fee of $25.00.

d)

Any other density requirements that the Physical Planning Board may from time to time wish to implement; provided that any such density requirement is approved by the Executive Council and published by the Department of Physical Planning in the official Gazette.

The requirements given in this Chapter should be read in conjunction with Schedule 2 of the Permitted Development Regulations. Developers should discuss their requirements with the Department of Physical Planning if any conflict with these Regulations and the requirements in this Chapter are found.

142 TCI Development Manual 28 April 2014

CHAPTER 7 GUIDELINES FOR ENVIRONMENTAL IMPACT ASSESSMENT STUDIES

143 TCI Development Manual 28 April 2014

CHAPTER 7 GUIDELINES FOR ENVIRONMENTAL IMPACT ASSESSMENT STUDIES

Table of contents 7.1

LEGISLATIVE REQUIREMENTS

7.2

ENVIRONMENTAL IMPACT ASSESSMENT

7.3

PROJECTS FOR WHICH AN ELA IS REQUIRED

Table 7 -1

Development Categories

Table 7-2

Resources likely to be affected by Projects

7.4

RESOURCES LIKELY TO BE AFFECTED BY PROJECTS

Table 7 -3

Socio – cultural Conditions likely to be affected by Projects

7 -5

PROCEDURES FOR THE PREPARATION AND REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT

7-6

TIME ALLOWED FOR REVIEW

7.7

TECHNICAL INPUTS REQUIRED

144 TCI Development Manual 28 April 2014

CHAPTER 7 GUIDELINES FOR ENVIRONMENTAL IMPACT ASSESSMENT STUDIES 7.1

LEGISLATIVE REQUIREMENTS Section 34 (1) of the TCI Physical Planning Ordinance (1989) authorizes the Physical Planning Board while considering an application to take into account a number of factors in order to make a proper decision on the application. These factors include inter alia: a)

“the impact of the proposed development on the ecology of the island where it to take place,”

b)

“the impact on the proposed development on the natural or built environment and on the uses of the adjacent land,” and

c)

in (f) (iii) of that section, “the benefits likely to accrue to and the disadvantages that may be imposed on the economic, social and welfare facilities, including prospects of employment and the effect on the infrastructure of the Islands, as a result of the proposed development.”

7.2

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

7.2

An environmental impact assessment (EIA) comprises a document or series of documents identifying and analyzing the likely impacts upon the environment of the development proposed, with information referred to in 7.2.2. The Director of Planning may require developers to provide EIA studies which will provide the Board with answers to the matters to be considered as detailed in 7.1.

7.2.2

The information required shall include: a)

an executive summary;

b)

description of the physical, biological, economic and socio-cultural environment of the development;

c)

the data necessary to identify and assess the main effects which that development is likely to have on the environment;

e)

a description of the likely significant effects, direct and indirect, on the environment of the development;

145 TCI Development Manual 28 April 2014

7.2.3

f)

a plan to monitor the implementation of mitigating measures for the development during construction and operation.

g)

the measures proposed to mitigate adverse effects identified with respects to any of the measures envisaged in order to avoid, reduce or remedy these effects.

An EIA may include, by way of explanation or simplification, any specified information on any of the following matters: a)

the land use requirements during construction and operational phases:

b)

the main characteristics of any production process proposed, including the nature and quality of the materials to be used;

c)

the estimated type and quantity or expected residues and emissions (including pollutants of water, air or soil, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;

d)

the likely significant direct and indirect effects of the proposed development on the environment which may result from:

e)

i)

the use of natural resources,

ii)

the emission of pollutant, the creation of nuisances, and the elimination of waste.

a description of the alternatives if any that were examined in respect of the development and an identification of other alternatives which would achieve the same objective.

7.3

PROJECTS FOR WHICH AN EIA IS REQUIRED

7.3.1

While section 32 (1) (b) of the Ordinance gives the Director of Planning the authority to request a developer (at the expense of the developer) to provide an environmental impact or economic feasibility study of the proposed development, in practice, the Director will require such studies to be made only for projects falling within certain categories where the impact on the environment and/or on the economy of the TCI may be affected.

7.3.2

The categories and resources likely to be affected are given in Table 7 – 1 and 7 – 2.

146 TCI Development Manual 28 April 2014

Table 7-1. Development Categoriesยน

Category

Development

Description of project

1

Residential accommodation

Hotels; condominiums; guest houses greater than 10 bedrooms

2

Marine works

Marinas; boatyards and slipways; piers; wharves; jetties; sea defense structures; dredging; and mining; reclamation; landfill; wetlands development.

3

Disposal/treatment facilities

Sanitary landfill; incinerators; sewage treatment plants; anaerobic digesters; desalination plants; water treatment plants.

4

Infrastructure

Road construction; electricity, telephone and cable TV transmission; water and sewage of hazardous materials; other industrial plants such as rice and flour millings.

5

Industrial and/or hazardous uses

Rum distilleries; breweries; power plants; gas plants; service stations; storage of hazardous materials; other industrial plants such as rice and flour milling.

6

Waterworks related

Reservoirs; bridges/culverts; causeways; drainage works

147 TCI Development Manual 28 April 2014

7

Earthworks

Quarries; vegetation clearing; contouring and land forming.

8

Public serving facilities

Shopping complexes; commercial building; schools; churches; meeting halls; discos and dance halls; cinemas

Other development projects such as: a)

intensive cultivation of vegetable and /or fruit using hydroponic or similar techniques

b)

agriculture improvement schemes and

c)

developments which may create excessive noise or may emit gaseous discharges or radioactive materials,

will also require an EIA for consideration of the development application by the Board. _______________________________________ ยนFrom Draft OECS Environmental Impact Assessment Procedures Handbooks

148 TCI Development Manual 28 April 2014

Table 7-2 Resources Likely to be affected by Projects²

Resources

Projects categories

1

2

3

4

5

6

7

8

Marine habitats

Mangroves

Seagrass

S

-

S

S

S

M

M

-

S

M

m

-

-

-

m

M

149 TCI Development Manual 28 April 2014

Reefs

m

S

M

M

m

m

m

-

m

m

S

-

S

-

-

-

Freshwater and other

Ground water reserves

Springs

S

-

S

S

S

S

m

m

Catchments

m

-

-

S

-

S

S

-

Wetlands

M

S

M

M

S

S

-

m

S

m

-

S

-

S

S

-

-

M

M

-

S

m

m

S

M

M

M

M

S

M

-

-

S

-

S

S

m

S

m

M

-

-

-

-

Surface runoff Terrestrial habitats

S

Species M

Soil

Beaches

S = Significant effect;

S

S

M = Less significant or moderate effects;

m =minor effects 150

TCI Development Manual 28 April 2014

7.4

RESOURCES LIKELY TO BE AFFECTED BY PROJECTS Table 7-2 shows the likely effects of development on the natural resources of TCI and Table 7-3 shows the socio-culture conditions likely to be effected by the developments.

The Department of Planning will examine the projects listed for their likely effects, and the EIA statements must be designed to provide the information which would allow a full evaluation of the project.

_________________________ ²From Draft OECS Environmental Impact Assessment Procedures Handbook

Table 7-3. Socio-cultural Conditions likey to be affected by the ProjectÂł

Socio-economic conditions

Project Categories 1 2

3

4

5

6

7

8

S

-

-

-

-

-

S

S

-

M

-

-

-

S

M

M

S

M

-

-

S

M

m

S

m

S

S

S

-

S

m

-

-

-

-

-

m/M

Community Structure

S Values

Traditional use Traffic

S M

Aesthetics

Cultural values

151 TCI Development Manual 28 April 2014

Historic resources

S

m

M

S

M

-

M

Land/property values

S

S

S

S

S

M

S

S

Pollution

S

S

S

m

S

m

S

-

Noise

-

-

S

S

S

S

S

m/M

Congestion

S

S

M

m

M

m

m

S

Public Health

S = Significant effects;

7.5

M = Less significant effects;

m = Minor effects

PROCEDURE FOR THE PREPARATION AND REVIEW OF AN ENVIROMENTAL IMPACT STATEMENT The procedure for the preparation of an Environmental Impact Statement (EIS) has been developed on the basis of experience of the Department of Planning with Impact Statements received from consultants and developers in TCI. The procedure given under informs developers and their consultants on the steps to be taken to prepare the impact statement and the review that will be undertaken by the Department of Planning. a)

The Department of Planning establishes by reference to the list of development projects in Table 7 -1 whether an EIS is required. This decision is made by the Director of Planning on the basis of a review of the preliminary information submitted with the project being proposed, and whether the location and character of the project may have an adverse effect on the economy or on the environment.

_______________________________ 続From draft OECS Environmental Impact Assessment Procedures Handbook

b)

If the Director considers that an EIA is necessary the applicant is so notified. It may also be necessary in accordance with the Ordinance that the applicant advertises the proposed project.

152

TCI Development Manual 28 April 2014

7.6

c)

The applicant is requested to submit to the Department of Planning names and experiences of consultants who may be engaged to undertake the work required.

d)

The draft terms of reference (TOR) for the consultant’s work is prepared by the Director and based on the probable effects as listed in Table 7-3.

This draft provides essentially the scope of the work to be carried out in assessing the impact of the particular project on the environment and the estimated timing of the components.

e)

A detailed time table and work program is developed by the Consultant for the approval of the Department of Planning.

f)

The draft EIS is presented by the applicant to the Department of Planning.

The draft EIS is studied by the staff of the Department and circulated to other concerned Government Departments and Agencies for comment.

g)

The applicant and consultant are informed of the views/comments of the Department of Planning and other Agencies.

h)

The final EIS should be submitted by the applicant within one month of receipt of comments from the Department of Planning.

i)

The Department may elicit public comment on the final draft before submitting the project to the Board.

j)

The Director of Planning prepares a report to the Board. The report contains the views of the Department and comments from other Government Department and agencies and from the public when consulted.

TIME ALLOWED FOR REVIEWS a)

In accordance with the section 30 (3) of the Ordinance the Director shall inform the applicant within 60 days of receipt of the application of the decision taken on the application, or where no decision has been reached of the progress being made on the application and the likely date when a decision will be made.

153 TCI Development Manual 28 April 2014

b)

7.7

This period of 60 days can be met even in circumstances which may require further work by the developer or his consultants. However, this period should be viewed as beginning from the date of acceptance of the final draft EIS. Developers and consultants should therefore prepare a realistic timetable of the work to be carried out so that the Department of Planning can itself be prepared to carry out its review of the EIS in a timely manner. Regular contact with the Department and providing the Department with reports will assist the Department and the consultant in understanding the issues to be examined and at arriving at acceptable decisions.

TECHNICAL INPUTS REQUIRED a)

While the consultants to be engaged for the EIA must be qualified and experienced in the assigned tasks, the Director of Planning does not have legal authority to effect the mix and level of technical skills to be used in the study. The Director will however advise the developer on the skill requirement of the technical personnel based on the probable effects on the environment which may be caused by the proposed development

b)

In general it would be expected that the developers would engage personnel with specific skills for the study of various aspects of development such as: i)

marine habitats – a marine biologist

ii)

coastal problems – a person trained in oceanography and the effects of movement of sediments

iii)

effects on groundwater supplies – a hydrologist or water engineer

iv)

port construction – a port engineer

v)

sea defence – a team of experts will normally be required with expertise in coastal engineering, oceanography and civil/structural engineering.

vi)

building design – an architect and structural engineer

154 TCI Development Manual 28 April 2014

c)

vii)

effects on plant life – a botanist/biologist

viii)

economic feasibility – a technical team including an economist

It may be very necessary for the developers to engage a sociologist to study the effects of the proposed development on the residents impacted on by the project. However the study team must be competent to examine the problems objective and must be experienced to provide solutions which will avoid or mitigate any problems caused by the development.

CHAPTER 8 STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BEACH PROTECTION WORKS

155 TCI Development Manual 28 April 2014

CHAPTER 8 STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BEACH PROTECTION WORKS

Table of Contents

8.1

BACKGROUND

8.2

DESIGN OF MITIGATION SYSTEMS

8.3

CRITERIA FOR CHOICE OF PROTECTION SYSTEM

8.4

TYPES OF SEA WALLS AND BREAK WATERS

8.5

PLANNING AND DEVELOPMENT CONTROL REQUIREMENTS

8.6

APPROVAL PROCESS

Abbreviations: 156 TCI Development Manual 28 April 2014

DOP

Director of Planning

DCO

Development Control Officer

CHAPTER 8 STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BEACH PROTECTION WORKS 8.

BACKGROUND

8.1

All coastal zones are vulnerable to damage from high tides generated by hurricane winds or by tsunamis. Beach movement is continuous and changes to any specific beach can very often be noticed bi-annually. Generally during the periods of high winds the beaches may show signs of erosion, and during normal periods the sand moving parallel to the shore line will regenerate the beach.

8.1.2

In general during the summer months, (June to October) the coastline is attacked by occasional waves from tropical storms and hurricanes and during the winter months by swells generated by the cyclones in the North Atlantic. The waves breaking inshore produce very high dynamic forces which easily denude the beaches and transport the sand away from the beach and along the shore. Trees and vegetation holding the soil are undermined, thus reinforcing the destructive action of the waves. In addition, the foundations of any structures founded on the sand may be exposed and with repeated attacks undermined.

8.1.3

The coastal zones where not protected by natural means (coral reefs, headlands, etc.) or man-made means (breakwaters, groynes) are decidedly vulnerable to

157 TCI Development Manual 28 April 2014

continuous attack by high seas. Mitigation measures are in many cases necessary to preserve the beaches and reduce their vulnerability.

8.1.4

The following contribute to the high level of vulnerability of coastal zones and must be considered in planning a strategy for arresting damage caused by heavy seas; •

Increasing high level of construction in the beach zone, as tourism gains in importance as a provider of jobs and economic growth.

•

Increasing high value construction in areas which have a history of flooding, damage from high seas and storm surge.

Lack of clear definition and/or enforcement of building setbacks.

Destruction of manpower communities which form the natural protection in the coaster zone.

• •

•

Destruction of coral reefs

•

Removal of sand from the beaches

•

Destruction and removal of sand dunes.

•

Changes in the chemical character of the near-shore environment by the dumping of industrial and domestic effluent, thereby destroying the reefs.

•

Increasing sediment supply to the foreshores as a result of development activity and erosion in upland areas.

•

Increasing construction in the beach zone, thereby affecting the littoral drift.

•

Changes in the coastal zone circulation patterns by reclamation and landfill.

•

Inadequate knowledge and attention to hurricane resistant design of structures in the coastal zone.

Inadequate attention to maintenance of structures and maintenance of drainage areas.

•

8.2

DESIGN OF MITIGATION MEASURES

8.1

All structures in the coastal zone should be designed by experienced engineers.

Structures such as jetties, breakwaters, groynes etc. are especially vulnerable and 158

TCI Development Manual 28 April 2014

bad design creates dangerous situations. The factors which should influence the design are: a)

geology and bearing capacity of the foundation material;

b)

beach topography, and location of the proposed structure in relation to the geography of the coastline;

c)

hydrological survey information;

d)

wave climate, predicted height, length of waves and range of time for two successive crests to pass a given point during periods of maximum wave;

e)

wind velocity and directions;

f)

tidal movements and direction of littoral drift;

g)

physical character of beach sands.

8.2

Protection of the land from encroaching seas can be accomplished with variety of systems. Groynes and/or breakwaters may protect an area on or near the seashore from the effect of sea waves. However when planning groynes or breakwaters the engineer should recognize that the littoral drift will be affected by the man-made barriers and erosion of the shore may result, or channels may fill with sediment.

These barriers interrupt the natural long shore drift causing accumulation of sediment on the up-drift side and erosion on the down drift side.

8.3

TYPES OF SEA WALLS AND BREAKWATERS

8.4.1

There are many types of sea walls and breakwaters that can be chosen dependent on the marine and soil conditions. The choice of the type of protection to be used should only be made by experienced engineers after a thorough examination of all of the physical and oceanographic factors given above, which would affect the stability and usefulness of the protection.

8.4.2

The most common types are: i)

Vertical face wall Made of concrete or stone or sheet piling and used under moderate wave action where overtopping is no problem. Generally used under good

159 TCI Development Manual 28 April 2014

foundation conditions and requires extensive toe protection to prevent undermining.

Vertical walls while demanding less land or beach space than sloping walls are more vulnerable to the effects of the pounding waves, and more prone to be eroded.

Vertical walls also reflect the waves striking the vertical surface creating clapotis, which is a system of stationary waves characterized by amplitudes approaching twice the height of the incident wave.

Vertical face walls, including proprietary walls of sheet piling, should only be allowed in emergency situations where immediate protection is required. Plans must be made concurrently with the construction of the emergency vertical walls for the construction of long term measures which do minium harm to adjoining beaches ii)

Curved face wall Used under moderately severe wave action where the water level is over structure base or the beach is narrow, permitting the full wave to hit the wall. Used also where there are poor foundation conditions.

iii)

Stone or rubble mound Used under moderate wave action and where foundation conditions poor and settlement is anticipated.

Rubble wall made of blocks of armour stone weighting at least 1 to 3 tons each would be needed to resist the applied forces. The weight of stone is subject to stability and must be carefully calculated. The core should preferably not be impervious.

iv)

Stepped face well Used under moderate wave action where waves break before they reach the wall. Steps dissipate the wave force and prevent scouring. Generally used where there are good foundation conditions.

v)

Composite wall Used under severe wave action where there is narrow beach and wide tidal range. The curved face prevents overtopping when the wave breaks and steps dissipate energy and prevent scour when waves break against the wall. Used where there is deep sand for foundation.

160

TCI Development Manual 28 April 2014

vi)

Special shapes Gabion baskets have been used in Providenciales for emergency protection. This system of protection is easy to use and not as costly as other systems. However, the action of the waves easily destroys the baskets, and the filling material of limestone boulders which are available in Providenciales cannot withstand the pounding of the seas.

Gabion baskets should not be used for permanent sea defence as the baskets are easily broken and the defence mechanism destroyed.

For major sea defence works or for breakwater construction special shapes have been used with success. Where such protection is required, the decision is usually based on the measure of protection desired and the cost of the protection. Such protection requirements are beyond the scope of this Manual, but the principles outlined in this Chapter must be followed before any decision is taken.

8.5

PLANNING AND DEVELOPMENT CONTROL REQUIREMENTS

The following requirements will be in force for the design and construction of sea defence works: a)

The Department of Planning and the Ministry of Health will monitor all developments within the coastal area, not only during the planning and construction stage, but during the maintenance and operation phases.

b)

The design and supervision of construction of works within the coastal zone must be carried out by experienced civil/structural engineers approved by the Board. The qualifications and experience of the designers must be submitted to the Director of Planning for onward submission to the Board.

c)

The design of beach works must be based inter alia on the hydrographic and survey information as listed in 8.2 of this Chapter.

d)

The Director of Planning will require designers to submit copies of all data on which the design has been based.

e)

Applications for permission to construct beach protection works must be made on the standard development permission forms. The 161

TCI Development Manual 28 April 2014

study of the application will be carried out by the Department of Planning, but for major works the Department will consult beach control experts to ensure that the designs proposed would provide the protection desired and would not damage the upstream or downstream beaches.

8.6

f)

Structure within the coastal area must not impede the littoral drift;

g)

Structures must be able to withstand the effects of high seas;

h)

The main floor level of buildings within the coastal zone should be placed above the level of expected high tides.

i)

Waste water and sewage should not reach the coastal waters. The debouching of waste water on the beach would not be approved.

Therefore a sewage treatment plant must be installed and the effluent disposed of to the satisfaction of the Ministry of Health and the Department of Planning.

J)

Garbage must not be dumped on the beaches.

k)

Special attention should be paid to the maintenance of beaches in order to preserve the appearance and utility of the beaches. Sand dunes should not be removed. Coral reefs should not be removed without careful study of the possible harmful effects, and the approval of the Department of Planning.

i)

No construction should take place on the beach except temporary structures such as beach cabanas and beach umbrellas.

m)

All construction is subject to approval of the Physical Planning Board.

APPROVAL PROCESS The procedure for examining proposals for beach works is: i)

The developer should submit an outline application giving information on:

ii)

nature of the problem to be solved, such as the height and frequency of waves;

iii)

the nature and extent of the works proposed; 162

TCI Development Manual 28 April 2014

iv)

information and hydrographic data on which the proposal is based;

v)

if a new building is to be constructed, the purpose of the building, its siting (including contours), size floor level, methods of disposal of waste water, and sewage.

vi)

the name and qualifications of the principal designer or designers;

vii)

approximate cost of the works.

b)

This information is studied by the Development Control Officer (DCO) who visits the site and determines in a general way whether the information presented is representative of the situation on the ground. The DCO determines whether any dangerous or potentially dangerous situation must be corrected urgently.

c)

The DCO provides a report to the Director of Planning (DOP) with his findings.

d)

The DOP studies the reports and determines whether the information supplied is adequate for the Board’s consideration. If so, the project is put to the Board for its consideration.

e)

If the cost of the work involved is over $1 million dollars or falls within section 31 of the Ordinance, the DOP forwards the papers to the Minister with his recommendation and at the same time informs the applicant of the action taken.

f)

A condition of approval will be that all detailed designs and calculations will be submitted for review when detailed permission is requested and before a Building Permit is issued.

g)

During construction, all beach control works will be inspected at least weekly to ensure that the construction is being carried out in accordance with the approved plans.

h)

The developer must submit a program and time schedule of the work to the Department of Planning before the Building Permit is issued. This program must take into account the difficulty of carrying out the work in high seas.

j)

For major works, the Director of Planning, may is accordance with the requirements of Section 1 of the TCI Code request the appointment of 163

TCI Development Manual 28 April 2014

Special Inspector for examination of the developer’s proposals, review of the plans and for inspection of construction.

164 TCI Development Manual 28 April 2014

CHAPTER 9 CONSTRUCTION OF PRIVATE DOCKS AND MOORING FACILITIES

CHAPTER 9 CONSTRUCTION OF PRIVATE DOCKS AND MOORING FACILITIES

Table of Contents

9.1

INTRODUCTION

9.2

OVERVIEW OF THE PROBLEM

9.3

PURPOSE AND SCOPE OF THIS GUIDELINE

9.4

GENERAL PROPOSALS

9.5

PHYSICAL PLANNING AND BUILDING CONTROL REQUIREMENTS

9.5.1 9.5.2

General Dimensions

9.5.3

Density

9.6 9.6.1 9.6.2

PRIVATE CANALS Construction Setbacks 165

TCI Development Manual 28 April 2014

9.7

SUMMARY REQUIREMENTS

CHAPTER 9 CONSTRUCTION OF PRIVATE DOCKS AND MOORING FACILITIES

9.1

INTRODUCTION Until recently the Department of Planning has pursued a disallowance policy with regards to the construction of individual boat slips and private docks in Providenciales. The policy advocated has been one that favoured the construction of a central marina facility to facilitate private boat owners in that area.

This policy was based on the assumption that the construction of individual boat slips and docks would have greater negative impact on the maritime environment than an appropriately located central marina facility.

9.2

OVERVIEW OF THE PROBLEM

9.2.1

Since 1990 the Department of Planning has received a number of planning applications for private docks and mooring facilities.. The proposed facilities as

166 TCI Development Manual 28 April 2014

shown on the applications vary in design and construction type as indicated in the following:

9.2.2

9.3

a)

Finger docks

b)

Recessed boat mooring facilities ie: boat docks cut into the land

c)

Boat docks parallel to the shoreline/coastline

Each of the different designs leads to unique environmental problems. The following analysis illustrates the concerns of the Department of Planning with regards to the environmental impact caused by the different types of construction of boat docks and slips: a)

Finger docks projecting into the sea, intrude into the marine environment, impacting negatively on an environmentally sensitive areas. The dock may also affect the flow of inshore currents and encourage changes in the movement of material along the shoreline.

b)

The impact is also a visual one. Finger docks are very intrusive and therefore noticeable. Many such docks can be unacceptable visual intrusions on the shore and impact negatively on this high profile development area.

c)

Recessed mooring facilities may cause greater negative environmental impacts than projecting docks because the construction of these facilities change the natural configuration of the coastline/shoreline, and hence the dynamics of coastal inshore currents

d)

Docks that are constructed parallel to the coastline can be made to be more compatible with the physical environment and hence lead to less negative environmental impact than the other methods of construction.

PURPOSE AND SCOPE OF THIS CHAPTER The main purpose of this Chapter is to inform developers of the concerns of the Department of Planning with respect to the environmental changes which may occur following the construction of the works and to inform developers of the

167 TCI Development Manual 28 April 2014

approach the Department of Planning will take when giving consideration to proposals for the construction of mooring facilities.

9.4

GENERAL PROPOSALS

9.4.1

The mooring facilities and docks under consideration are constructed primarily for recreational purposes, as a means of allowing persons to embark and disembark safely, and to provide safe shelter from high winds and waves and other natural or manmade extreme events.

In order to provide all required safe and environmentally acceptable mooring, the design of the mooring facilities shall pay particular interest to: a)

The safety of the entrance and exit to the proposed areas.

b)

The ability of the exit channel to accommodate maneuvering activities.

c)

The depth of water at low tide.

d)

The handling and discharge of waste material. Under normal circumstances discharge of waste into the adjoining sea area will be prohibited.

e)

The location of the facility with respect to the tidal and other movements of the sea in the vicinity of the proposed facility.

f)

The ability of the structure of fulfils its purpose and to withstand the expected high waves and winds.

The Department of Planning shall provide every assistance to developers to ensure an orderly development of mooring facilities and docks in the area under consideration, but the design and construction of the facility are the responsibility of the developer and not the Department of Planning.

9.5

PHYSICAL PLANNING AND BUILDING CONTROL REQUIREMENTS

9.5.1

General

168 TCI Development Manual 28 April 2014

9.5.2

a)

All applications for docks and mooring facilities must be submitted to the Department of Planning on the appropriate forma and the necessary fees paid before submission of the application to the Board for consideration.

b)

Mooring facilities constructed for recreational purposes are not to be used for refueling. Other arrangements would have to be made for refueling of boat as it is not intended that the area under consideration become a commercial boat harbor for the maintenance of boats. This would lead to other unacceptable environmental concerns.

c)

The mooring structure must be constructed to withstand high seas.

d)

The structure must not unduly obstruct the natural flow of movement of material along the coastline.

f)

Arrangements acceptable to the Department of Planning and to the Chief Environmental Health Officer must be made for the handling and discharge of any waste.

Dimensions The maximum dimensions of any private dock or boat slip shall not exceed 8 feet in width and 40 feet in length without the permission of the Board.

9.5.3

Density The density requirement for shall not exceed one boat dock per parcel of land with a minimum land area of ½(one-half) arce.

9.6

PRIVATE CANALS

9.6.1

Construction The construction of private canals for mooring small boats presents many problems which can only be addressed by appropriate studies of the environment in which the canals would be cut.

The problems to solved are: a)

Minimum dimensions of the canal which would allow safe mooring without affecting the flow of the natural currents along the shore line;

b)

Building layout which in accordance with the approval setbacks;

169 TCI Development Manual 28 April 2014

9.6.2

c)

Handling and disposal of waste;

e)

The structural design of the canal and any retaining walls necessary to prevent collapse of the sides of the canal by high seas if and when they occur.

Setbacks The setbacks of any building or structure from the edge of the canal must conform to the Guideline set out in Section 3 of the Development Manual. If it is considered that the Guidelines cannot be met in any particular case, this should be discussed with the Director in order to arrive at an appropriate setback.

9.7

SUMMARY REQUIREMENTS The following are recommended guidelines for private mooring facilities in TCI, including those in Chalk Sound National Park: a)

Facilities must be constructed to resist the forces of high seas.

b)

The structural design of the facilities must be submitted to the Director for approval before a Building Permit is issued. The design and construction of any structure shall conform to the TCI Building Code where applicable, or other internationally accept Code, and other applicable requirements of the Department of Planning and the National Parks Ordinance..

c)

The facilities must be properly maintained

d)

All building and other relevant facilities shall be properly painted with a water proof sealant.

e)

Private docks are not to be used for refueling purposes.

f)

The storage of fuel and/or refueling of boats at the dock is strictly prohibited.

g)

The stockpiling and storage of fill on the parcel is strictly prohibited. The fill shall be removed from the parcel prior to use of the proposed dock.

h)

All area(s) affected by construction shall be properly restored to the satisfaction of the Director of Planning prior to use of the dock.

i)

The storage of machinery, articles or materials of whatever kind on the parcel that appears unsightly and injurious to the area shall be strictly prohibited. Failure to comply shall result in enforcement procedures, 170

TCI Development Manual 28 April 2014

including penalties, being initiated in accordance with the provisions of the Physical Planning Ordinance, 1989 and Regulation made there under. j)

The Director of Planning shall require full compliance of these conditions prior to the issuance of any building permit, partial or otherwise.

CHAPTER 10 RETAINING WALLS, DREDGING AND RECLAMATION

171 TCI Development Manual 28 April 2014

172 TCI Development Manual 28 April 2014

CHAPTER 10 RETAINING WALS, DREDGING AND RECLAMATION Table of Contents

10.1

RETAINING WALLS

10.2

DREDGING AND RECLAMATION

10.2.1 10.2.2

General Planning Considerations

10.3

REQUIRE STUDIES FOR RECLAMATION OF LAND

10.3.1 10.3.2

General Engineering Examinations of the Site

173 TCI Development Manual 28 April 2014

SECTION 10 RETAINING WALLS AND RECLAMATION

10.1

RETAINING WALLS a) Retaining walls are walls constructed for the purpose of supporting a vertical or nearly vertical earth bank which in turn, may support vertical loads. b) In many developments there may be need to amend the natural contours of the land in order to support buildings, roads and other infrastructure. There is also need to prevent land slips which occur when soil on sloping land is laden with rain water. The control of such occurrences is beyond the scope of this document. c)The construction of retaining walls must be in accordance with the TCI Building Code 2014 Section 1408 and with the various code requirements for the materials being used, e.g. masonry, concrete etc. d) Where necessary, retaining walls should be propped up to withstand any excessive temporary loads expects during the construction stage.

The type of wall to be used and the design of the wall must be undertaken by an Engineer. The design details are beyond the scope of this manual, but planners and Physical Planning Board must be concerned with the use, to which the land will be put, and the nature of the development the land can support safely, A properly designed retaining wall may enhance the use of the land for buildings and provide for economic development. The construction of retaining walls will only be allowed after a careful study of the ground to be supported and knowledge of the potential for land slips has been approved by the Physical Planning Board.

The types of walls generally constructed are described in TCI Building Code 201.

Note: The Department of Planning will not entertain any application for reclaimed land which is not accompanied by the necessary studies. It is suggested that applicants discuss the nature of the proposal with the Department of Planning before engaging in the studies required.

10.2

DREDGING AND RECLAMATION

10.2.1

General 174

TCI Development Manual 28 April 2014

a)

Reclaiming land from the sea has been carried out in many States mainly to provide valuable land for development. The land reclaimed has been used for shopping areas, recreation parks, commercial and industrial plants, fisheries, and construction of hotels and other tourist facilities.

b)

In general reclaimed land is valuable because of the high cost of the development and the location of the land. Hence the land if commercially reclaimed is intensively developed.

c)

This sub-section of this Chapter outlines the main concerns to be dealt within considering the reclamation of such land. The engineering aspects of reclamation require careful study and are not detailed in this Section.

d)

Where dredging is required, the following information must be provided and shown on a drawing (where appropriate) and submitted to the Department of Planning for submission to the Physical Planning Board for its consideration and approval or otherwise.

e)

10.2.2

i)

A map of the area from which dredged material by the dredging

ii)

contours of the lands to be affected by the dredging

iii)

the type of material to be dredged

iv)

the depth of the dredging

v)

the method of dredging and the equipment used

vi)

a dredging sequencing plan

vii)

the method of placing the material for fill and

viii)

the overall time frame for dredging and reclamation

No work shall commence before submission of the requirements listed above and the receipt of the approval from the Physical Planning Board.

Planning Considerations a)

The reclaimed area may be caused by the filling in of a low lying bay, or by the construction of a platform jutting out to sea. In both cases there is i)

a change in the profile of the shore line;

ii)

an interruption of the littoral drift; 175

TCI Development Manual 28 April 2014

b)

iii)

Accretion and/or erosion of adjoining or nearby sea front areas;

iv)

in some cases the destruction of protective reefs, and

v)

an overall adverse effect on the in-shore ecology

The main planning considerations for the use of such land are: i)

Accommodation of traffic generated by the development. Such traffic is funneled on to main roads that in most cases skirt the foreshore and have not been designed to accommodate the extra traffic load. Special arrangements will therefore have to be made for the junctions of the development roads with the main roads, and for the widening of the main roads to accommodate a satisfactory merging of the new traffic with the existing traffic.

ii)

Layout of roads, parking and drainage within the new development. The new development can be treated as any other development of comparable size and function, except that the storm water drainage from this development must not be allowed into the sea without special provision being made to prevent disturbance of the in-shore waters by the rush of storm water through a single outlet, and to prevent sea water from flowing on to the land especially during high tides.

iii)

The elevation of the reclaimed land should be above the level of high tides.

176 TCI Development Manual 28 April 2014

10.3

REQUIRED STUDIES FOR THE RECLAMATION OF LAND

10.3.1

General The changes to the land and ecology need to be examined carefully and extensively before land is reclaimed from the sea. The studies must encompass:

10.4.2

a)

hydrographic surveys of the coastline covering all coastal areas which are likely to be affected by the reclamation;

b)

geotechnical investigations to determine the capacity of the soils, (on and under the sea bed), to bear the additional loads to be imposed by the reclamation;

c)

studies of the fish and bird life affected by the reclamation;

d)

examination of the off shore reefs being affected:

e)

engineering examination of the material to be used for filling the reclaimed area. This material may be dredged from the sea or mined from land based sources. Such material must be able to withstand safely the additional loads of the buildings and the operational processes from the proposed development;

f)

engineering examination of the drainage arrangements to be made for accommodating storm water from the areas outside of the reclamation and from the reclamation itself;

g)

traffic studies to determine how the new traffic will be accommodated on the existing main road, and the adjustments to the junctions that should be made;

Engineering examination of the site a)

There must be an engineering examination of the site of the reclamation of determine the type of enclosing and sea protection works which should be built, including the materials to used in the construction of these works.

b)

The sea protection works can be of several types, the main characteristics of which must be to ensure stability against the forces generated by high seas and the surcharge loads caused by activities on the reclaimed area, and to limit any erosion on either side of the reclamation.

c)

The type and detailed engineering of these works require experienced judgment. The engineering design of the facility including the design of 177

TCI Development Manual 28 April 2014

the sea protection works must take into account the acceptable risk of failure due to high seas, earthquakes and tsunamis. This risk must be discussed with Department of Planning and decisions taken on the nature and degree of risk that can be accepted.

178 TCI Development Manual 28 April 2014

CHAPTER 11 STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BUILDING SYSTEMS

179 TCI Development Manual 28 April 2014

CHAPTER 11 STANDARDS FOR THE DESIGN AND CONSTRUCTION OF BUILDING SYSTEMS

Table of Contents

11.1

BACKGROUND

11.2

DESIGN AND TESTING REQUIREMENTS

11.3

APPROVAL PROCESS

180 TCI Development Manual 28 April 2014

11.3

APPROVAL PROCESS

11.3.1

In accordance with section 69 of the Physical Planning Ordinance the Director has the authority to pass building plans provided that the plans for a proposed building meet the requirements of the Code and the Ordinance. The aesthetics, social and economic considerations attendant on the use of factory built and prefabricated components will be addressed by the Director in his recommendation to the Board as required under section 34 (1) of the Ordinance.

11.3.2

The following process shall be used by developers who may be interested in making use of a particular building system; a)

Developers shall submit to the Director the application for development permission form DOP 1 obtainable from the Department of Planning.

b)

The buildings to be constructed shall be described giving the area of the buildings, use of the buildings and general construction method and materials to be used. Drawings to be submitted at this time are shown in Part 111 of the Form and Section 2.8 of this Manual. Detailed structural drawings and specifications need not be submitted when seeking development permission, but such drawings and specifications will have to be submitted in support of the application for the Building Permit, as per the TCI Building Code 2014 Section 106.

The application for development permission will be considered by the Board.

c)

When the developer seeks a Building Permit after receipt of development permission, the detailed structural drawings, specifications and calculations and detailed plumbing and electrical drawings shall be submitted to the Director as per the TCI Building Code 2014 Section 106, but the examination of these details would commence only after the Board has granted the development permission.

d)

In considering an application for a Building Permit, the Director may approve the use of material or construction method not generally used in TCI, if it can be shown that the material and (method of use) is satisfactory for the purpose intended and that it is at least equal to the requirements of the TCI Building Code 2014 for quality, strength, fire resistance rating, and durability as described in Section 4 of the Code. The Director may also ask the developer of supply specific test information.

The developer shall therefore supply all relevant test information when making the application for a Building Permit.

181 TCI Development Manual 28 April 2014

e)

After receipt of all of the information required and examination of the data, the Director will pass the plans if they meet the requirements of the TCI Building Code and other requirements as described in Section 4 of the TCI Building Code 2014 and in the grant of development permission. The Director will then issue the Building Permit accordingly.

182 TCI Development Manual 28 April 2014

CHAPTER 12 ERECTION OF SATELITE RECEIVING SYSTEMS

183 TCI Development Manual 28 April 2014

CHAPTER 12 ERECTION OF SATELITE RECEIVING SYSTEMS

Table of Contents

12.1

INTRODUCTION

12.2

PURPOSE AND SCOPE

12.3

THE PROBLEM

12.4

LEGISLATION APPLICABLE

12.5

GENERAL REQUIREMENS

12.6

PHYSICAL PLANNING AND BUILDING CONTROL REQUIREMENTS

12.7

DENSITY REQUIREMENTS

12.8

SUMMARY REQUIREMENTS

184 TCI Development Manual 28 April 2014

CHAPTER 12 ERECTION OF SATELITE RECEIVING SYSTEMS

12.1

12.2

INTRODUCTION a)

Section 2 of the Physical Planning Ordinance describes “development” as “the carrying out of building, engineering, mining or other operations in, on, over, or under any land, the making of any material change in the use of any building or land or the subdivision of any land”.

b)

Based on this definition the Department of Planning and the Physical Planning Board see the need for the introduction of specific requirements for the installation of satellite receiving systems either for private or for commercial use.

c)

Satellite receiving systems are either portable or permanent. Portable systems are those systems which are not permanently fixed to a building or to the ground but are systems which can be moved easily from one location to another. Portable satellite receiving dishes shall not exceed 6 ft. in diameter.

d)

Permanent systems are fixed in a permanent position usually to a pole secured in a concrete base or affixed to a building. The concrete bases are usually sited on a parcel on land that contains an existing building.

e)

All future owners of satellite receiving systems must apply to the Physical Planning Board for approval for the erection of any system either permanent or portable. Portable systems require a temporary certificate which can be granted for a period not exceeding 90 days. Permanent systems require development permission and a building permit before such system can be erected.

PURPOSE AND SCOPE The main purpose and scope of this requirement are to provide developers with a unified, environmentally friendly and safe method for the election and location of satellite receiving systems on their property, without creating a major negative impact on the natural environment.

185

TCI Development Manual 28 April 2014

12.3.

12.4

THE PROBLEM a)

The Turks and Caicos Islands are in the hurricane belt and the recent incidence of high winds and the history of hurricanes in the Caribbean mandate the use of wind resisting structural systems designed and constructed in accordance with TCI Building Code. Satellite systems because of their shape and exposure are very vulnerable to high winds and can become a hazard and a threat to life in the event of failure of the systems under hurricane forces.

b)

Proliferation of satellite receiving dishes can also adversely affect the amenity of an area if the siting of such dishes is not carefully and sensitively controlled.

LEGISLATION APPLICABLE The applicable Ordinance and Regulations are: a)

Sections 2, 30 and 45 of the Physical Planning Ordinance 1989 and

b)

Section 11 and 12 of the TCI Building Code

Developers should also be aware of the civil aviation legislation affecting the construction of structures which may affect aircraft and air navigation.

12.5

GENERAL REQUIREMENTS The Department of Planning will accept application for the erection of satellite receiving systems on the standard application form for development permission.

These applications will be accepted provided that they meet the full requirements as prescribed on the application form DOP 1, along with any other relevant information that may be needed to assist the Department of Planning in processing the application in a timely manner.

12.6

PHYSICAL PLANNING AND BUILDING CONTROL REQUIREMENTS It is considered that for the protection and safety of all persons living near to the satellite receiving systems, the following principles should be adhere to: 186

TCI Development Manual 28 April 2014

12.7

a)

The maximum height of any satellite receiving system shall not be greater than 2 feet more than the diameter of the dish. This condition if not considered to be applicable in any specific location can be waived by the Director after consideration of all of the pertinent information.

b)

No satellite receiving system shall be fixed to the roof of a building

c)

No satellite receiving system shall be located within20 feet of the existing front, rear and side boundaries of any parcel of land.

d)

All satellite receiving systems shall be mounted on a pole and firmly fixed to a concrete base which shall be at least 2 feet square and designed to prevent overturning by high winds. The fixings of the pole shall be such that the pole can be easily dismantled within 6 hours, in the event of a threat of a hurricane. The whole assembly shall meet the applicable requirements of the TCI Building Code.

e)

The location of the system shall take into consideration the natural vegetation of the site.

f)

Owners of property within a radius of 300 yards may be given the opportunity to make representations to the Department of Planning or to comment on the installation of the system.

g)

The Department of Planning and the Physical Planning Board reserve the right to refuse any application for the installation of any system or to defer application or to impose conditions restricting the use of the system throughout the Turks and Caicos Islands.

DENSITY REQUIREMENTS The density requirements for the erection of satellite receiving systems are as follows: Residential premises:

1 receiving system

Commercial premises;

1 receiving system

Commercial operations:

To be determined, based on the extent of the operations, recommendations of the Civil Aviation authorities and the review by the Department of Planning.

187 TCI Development Manual 28 April 2014

12.8

SUMMARY REQUIREMENTS a)

All systems constructed after November 1, 1994 shall require detailed development permission.

b)

All systems shall be painted to match/reflect the existing natural surroundings.

c)

All satellite receiving systems shall conform to the minimum requirements of the TCI Building Code

d)

All satellite receiving systems may be advertised in accordance with section 30 of the Physical Planning Ordinance and regulation 7 of the Development Permission Regulations.

e)

Satellite receiving systems shall be constructed so that they can be easily dismantled in the event of a threat of a hurricane.

f)

All other requirements of the Physical Planning Ordinance and of the Civil Aviation authorities shall be met.

188 TCI Development Manual 28 April 2014

CHAPTER 13 USE OF TRAILERS

189 TCI Development Manual 28 April 2014

CHAPTER 13 USE OF TRAILERS

Table of Contents

13.1

GENERAL

13.2

APPLICATION FOR PERMISSION TO USE TRAILERS

190 TCI Development Manual 28 April 2014

CHAPTER 13 USE OF TRAILERS

13.1

GENERAL Trailers are imported into the Turks and Caicos Islands primarily for use during construction or as containers for shipments of goods. It has been decided by the Physical Planning Board that trailers can be used under the following conditions: a)

the trailer must be used only during construction of a permanent facility;

b)

the trailer must not be used for sleeping accommodation without the permission of Board;

c)

the use of the trailer on the construction site cannot extend more than two months after construction of the permanent facility is completed, and the occupancy certificate issued;

d)

permission to use trailers must be subject to a development permission being granted by the Board. Such permission will be granted only if in the opinion of the Board the use of a trailer is necessary as an aid to construction, to house construction plans and equipment and for temporary offices of construction personnel;

e)

trailers must be soundly constructed and be resistant to normal weather conditions in the TCI for the projected period of use;

f)

trailers should be painted and maintained so as not to affect the amenity of the areas;

g)

in the event of a hurricane warning, the developer is responsible for ensuring that the trailer is securely tied to the ground and that it would not be moved by hurricane winds;

h)

trailers should be insured; and

i)

the developers is responsible for ensuring that the trailer is exported from the TCI or used in another approved project within 6 months of the completion of the permanent construction project for which permission for the trailer’s use was given.

191 TCI Development Manual 28 April 2014

13.2

APPLICATION FOR PERMISSION TO USE TRAILERS Developers must apply to the Board for permission to use a trailer on the construction site. The information required by the Board includes: a)

Purpose for which the trailer is to be used;

b)

Permission number of construction project and location of construction site;

c)

Drawing showing the location of the trailer on the construction site;

d)

Size of the trailer and materials of construction;

e)

Utilities such as water, toilet accommodation, electricity and telephones to be installed;

f)

Date the trailer is required and estimated total time of use of the trailer.

This information will allow the Board to give consideration to the application, and will allow the Department of Planning to examine the propose site and to determine whether the location of the trailer will not affect the amenity of the area and other aspects of development such as required setbacks from the road reserve, height of the trailer.

192 TCI Development Manual 28 April 2014

CHAPTER 14 STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN LEEWARD, PROVIDENCIALES

193 TCI Development Manual 28 April 2014

CHAPTER 14 STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN LEEWARD, PROVIDENCIALS Table of Contents 14.1

INTRODUCTION

14.2

PURPOSE AND SCOPE

14.3

PHYSICAL PLANNIN REQUIREMENTS

14.3.1 14.3.2 14.3.3 14.3.4

Density requirements Setbacks Site clearance Utility services

14.4

BUILDING STANDARDS

14.4.1 14.4.2 14.4.3 14.4.4 14.4.5 14.4.6 14.4.7

Purpose Exterior walls Interior walls Utility distribution lines Roof covering Guttering Exterior finishes

14.5

SEWAGE DISPOSAL

14.6

SOLID WASTE DISPOSAL

14.7

VEHICULAR ACCESS TO PROPERTY

14.8

LANDSCAPING AND PROPERTY ENCLOSURES

14.9

WATER SUPPLY

14.10

CERTIICATE OF OCCUPANCY

194 TCI Development Manual 28 April 2014

CHAPTER 14 STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN LEEWARD, PROVIDENCIALES

14.1

INTRODUCTION The Government of the Turks and Caicos Islands has prepared a low density, residential subdivision in the Leeward area of Providenciales. The lots vary in size from over one half of an acre to just over one acre. The subdivision has 59 lots. There is also the major development controlled by a private companyLeeward Limited which has developed standards for the construction of buildings and infrastructure within the development.

14.2

PURPOSE AND SCOPE a)

The main purpose of this Chapter is to provide standards for a unified, orderly and environmentally sound residential development, thereby ensuring that a unique and pleasant neighbourhood with an acceptable building standard is maintained in the development. This Chapter covers all aspects of the residential development in Leeward, including the physical appearance of buildings, methods of construction and types of materials to be used.

b)

The requirements given in this set of standards are not intended to replace the requirements of the TCI Building Code or Building Guidelines.

Developers must construct their building in accordance with the requirements of the Code with particular regard being paid to the structural integrity of the buildings.

c)

It is incumbent upon owners of lots in the subdivision when applying for development permission, to ensure that a high level of development is maintained by complying with then standards given above. Failure to do so will result in applications for Detailed Development Permission or for a Building Permit not being approved.

195 TCI Development Manual 28 April 2014

14.3

PHYSICAL PLANNING REQUIREMENTS

14.3.1

Density Requirements

14.3.2

a)

The density requirement for this area is one dwelling unit per parcel. An additional one bedroom guest unit be allowed on a plot, provided it is compatible with the architectural features of the main house and adjacent areas.

b)

The Board may give consideration to the construction of a detached guest unit of two bedrooms with kitchenette and bathroom provided that: i)

the plans for the development show clearly the location and architecture of the guest unit

ii)

the developers provide the Director with a statement to the effect that the guest unit will be used primarily for family and friends, and

iii)

the construction phasing of the development accompanies the application for development permission.

Setbacks The setback requirement give in Table 3-6 shall be observed

14.3.3

Site Clearance The following should be adhered to when site clearance is being carried out: a)

Site Clearance must be limited to that specific area where the building will actually be located.

b)

Care must be taken to reuse and protect the top soil and existing vegetation. Burning as a means of disposal of waste material is not allowed.

c)

Excavation should be limited to the extent of the building areas.

d)

Tree over 10 feet tall should only be removed, if necessary, with the consent of the Department of Planning.

196 TCI Development Manual 28 April 2014

e)

14.3.4

Any artifacts found during site clearance must be protected from damage and immediately reported to the Department of Planning in Grand Turk or in Providenciales.

Utility Services All utilities and power service from the main lines should be placed underground in conduit and in accordance with requirements of the utility companies involved.

14.4

BUILDING STANDARDS

14.4.1

Purpose The purpose of this subsection is to provide guidance to applicants on the standards normally accepted by the Board for residential construction in the Turks and Caicos Islands, and with particular reference to building standards to be used in Leeward. Other standards if proposed by applicants must be justified by providing written documentation and illustrative material explaining to rationale for the use of the standards proposed. The Board will examine all proposals before accepting or rejecting the use of the standards proposed.

14.4.2

Exterior Walls Construction must be built to standards laid down in TCI Building Code 2014.

14.4.3

Interior walls The assembly should have a minimum thickness consistent with the fire resistive and sound transmission requirements for the type of material being used and the location of its use in accordance with the TCI Building Code 2014.

14.4.4

Utility Distribution lines To be constructed in accordance with the TCI Building Code.

14.4.5

Roof Covering a)

A asphalt shingles or aluminum sheeting (22 ga. minimum) with standing seam to be used. Other roof coverings such as clay tiles may be used provided the supporting structure is constructed accordingly.

b)

These materials if used must be installed in accordance with manufacturer’s instructions. As asphalt shingles are vulnerable to high winds, the slop of the roof must have a minimum of 22 degrees and the sheeting on which the shingles will be laid must be of adequate thickness and strength to provide resistance to the high winds.

197

TCI Development Manual 28 April 2014

c) 14.4.6

The acceptable colour is light grey except where clay tiles are used.

Guttering All roofs must be guttered. White metal or pvc guttering with 3” diameter downpipe is acceptable. The downpipe should enter the water cistern underground.

14.4.7

Exterior Finishes Painted white or pastel colour.

14.5

14.6

SEWAGE DISPOSAL a)

All arrangements for sewage disposal must be approved by the Chief Environmental Health Officer. Septic tanks with soak ways or leaching fields will not be allowed in areas where the water lens exists. Package plants must be used in those areas. Where septic tanks are allowed they shall be properly constructed of reinforced concrete and sealed to prevent seepage and contamination of ground water.

b)

Grey water from bath tubs, wash basins and kitchen sinks should be treated and used for landscaping. The acceptable type of treatment must be discussed with the Environmental Health Officer in Providenciales.

c)

Refer to the TCI Building Code Section 8

SOLID WASTE DISPOSAL (REFUSE) Refuse disposal containers, where constructed, should be concrete enclosures about 3’ 6” x 3’ 0’ x 4’ 0” high with a cover. The enclosure should be painted white and located inside of the property with a collection door on the road frontage.

On site burning of solid waste is not allowed.

14.7

VEHICULAR ACCESS TO PROPERTY Where appropriate, houses should be constructed with a garage or car port.

Driveways should be paved with a slope away from the house and toward the road drains to promote proper drainage.

198 TCI Development Manual 28 April 2014

The pavement of the driveways could be of native stone or of asphalt properly sealed.

14.8

LANDSCAPING AND PROPERTY ENCLOSURE a)

Boundary wall/fencing must not be more than three feet six inches high without special permission from the Director in writing.

b)

Each parcel of land should be properly landscaped.

c)

Lawns should be maintained to restrict the height of grass to a maximum of 6 inches

14.9

WATER SUPPLY

14.9.1

Groundwater Resources It is incumbent upon owners of land in this area to product the ground water resources. Care must be taken at all times during excavations for foundations not to penetrate the groundwater lenses. It is advisable to contact the officer responsible for water resources at the Department of Public Works in Providenciales before construction begins.

14.9.2

Water Cistern Refer to the TCI Building Code 2014 Section 7

14.10

CERTICATE OF OCCUPANCY After completion of the development, sheds used for storage of materials should be removed from the site immediately. This in turn will the Director to complete inspection procedures for this issue of a Certificate of Occupancy in accordance with Section 1 of the TCI Building Code. The Certificate will not be issued unless all construction work has been completed and the building is fit to be occupied.

199 TCI Development Manual 28 April 2014

CHAPTER 15 STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN CHALK SOUND, PROVIDENCIALES

CHAPTER 15 STANDARDS FOR LOW DENSITY/HIGH COST RESIDENTIAL DEVELOPMENTS IN CHALK SOUND, PROVIDENCIALES 200 TCI Development Manual 28 April 2014

15.1

15.2

INTRODUCTION a)

Because of the environmentally fragile area which comprises Chalk Sound in Providenciales, it is considered that residential development in this and other such areas of Providenciales should be controlled by development standards for housing and infrastructure. These Standards are intended to control the quality of all development in Chalk Sound.

b)

Where developers may wish to deviate from the Standards, a preliminary drawing showing the main structural scheme and architecture of the building must be prepare for submission to the Board for its consideration.

PURPOSE AND SCOPE a)

The main purpose of this Chapter is to provide Standards for a unified, orderly and environmentally sound residential development, thereby ensuring that a unique and pleasant neighbourhood with an acceptable building standard is maintained in the development. Chapter covers all aspects of the residential development in Chalk Sound, including the physical appearance of buildings, methods of construction, types of materials to be used, and the minimum cost of the development permitted.

b)

The requirements given in these Standards are not intended to replace the requirements of the TCI Building Code or Building Guidelines.

Developers must construct their buildings in accordance with the requirements of the Code with particular regard being paid to the structural integrity of the buildings.

c)

It is incumbent upon owners of lots in the subdivision when applying for development permission, to ensure that a high level of development is maintained by complying with then standards given above. Failure to do so will result in applications for Detailed Development Permission or for a Building Permit not being approved.

15.3

PHYSICAL PLANNING REQUIREMENTS

15.3.1

Density Requirements a)

The density requirement for this area is one dwelling unit per parcel. An additional one bedroom guest unit may be allowed on a plot, provided it is compatible with the architectural features of the main house and adjacent areas.

201

TCI Development Manual 28 April 2014

b)

15.3.2

The Board may give consideration to the construction of a detached guest unit of two bedrooms with kitchenette and bathroom provided that: i)

the plans for the development show clearly the location and architecture of the guest unit.

ii)

the developer provide the Director with a statement to the effect that the guest unit will be used primarily for family and friends, and

iii)

the construction phasing of the development accompanies the application for development permission.

Set Backs The setbacks requirements given in Table 3-6 should be observed.

15.3.3

Site Clearance The following should be adhered to when site clearance is being carried out:

15.3.4

a)

Site clearance must be limited to that specific area where the building will actually be located.

b)

Care must be taken to reuse and protect the top soil and existing vegetation.

c)

Burning as a means of disposal of waste material is not allowed.

d)

Excavation should be limited to the extent of the building areas.

e)

The consent of the Director ( in writing) is required for the removal of trees over 6 feet tall.

f)

Any artifacts found during site clearance must be protected from damage and immediately reported to the Department of planning I Grand Turks, or in Providenciales.

Utility Service All utilities and power service from the main lines should be placed underground in conduit and in accordance with requirements of the utility companies involved.

15.4

BUILDING STANDARDS

15.4.1

Purpose

202 TCI Development Manual 28 April 2014

The purpose of this subsection is to provide guidance to applicants on the standards normally accepted by the Board for residential construction in the Turks and Caicos Islands with particular reference to building standards in the Chalk Sound area. Other standards if proposed by applicants must be justified by providing written documentation and illustrative material explaining the rationale for the use of the standards proposed. The Board will examine all proposals before accepting or rejecting the use of the standards proposed.

15.4.2

Floor area The gross floor area of the residence (including a guest unit) is to be a minimum of 1,200 square feet and the building height should not exceed 25 feet above road level without the written permission of the Director.

15.4.3

Exterior Walls To be designed in accordance with the TCI Building Code 2014.

15.4.4

Interior Walls The assembly should have a minimum thickness consistent with the fire resistive and sound transmission requirements for the type of material being used and the location of its use in accordance with the TCI Building Code 2014.

15.4.5

Utility Distribution lines Constructed in accordance with the TCI Building Code 2014 Section 11.

15.4.6

Roof Covering a)

15.4.7

To be designed in accordance with TCI Building Code 2014.

Guttering To be designed in accordance with TCI Building Code 2014 Section 9

15.4.8

Exterior Finishes Painted white or pastel colour.

15.5

SEWAGE DISPOSAL a)

All arrangements for sewage disposal must be approved by the Chief Environmental Officer. Septic tanks with soakaways or leaching fields will not be allowed in areas where the water lens exists, Package plants

203 TCI Development Manual 28 April 2014

must be used and care must be taken to avoid seepage of untreated or partially treated effluent into the surrounding waters.

15.6

b)

Grey water from bath tubs, wash basins and kitchen sinks should be treated and used for landscaping. The type of treatment proposed should be discussed with the Environmental Health Officer in Providenciales and must be approved by the Ministry responsible for Health.

c)

Refer to TCI Building Code 2014 Section 8

SOLID WASTE DISPOSAL (REFUSE) Refuse disposal containers if constructed, should be concrete enclosures about 3’6”x 3’0”x 4’0” high with a cover. The enclosure should be painted white and located inside of the property with a collection door on the road frontage. The collection and disposal of waste must meet with the approval of the Chief Environmental Health Officer.

On site burning of solid waste is not allowed.

15.7

VEHICULAR ACCESS TO PROPERTY Where appropriate, houses should be constructed with a garage or car port.

Driverways should be paved with a slope away from the house and toward the road drains to promote proper drainage.

The pavement of the driveways could be of native stone or of concrete or of asphalt properly sealed.

15.8

15.9

LANDSCAPING AND PROPERTY ENCLOSURE a)

Boundary wall or fencing must not be greater than three feet six inches high without the written permission of the Director. The design of the wall or fence must be approved by the Director.

b)

Each parcel of land should be properly landscaped.

c)

Lawns should be maintained to restrict the height of grass to a maximum of 6 inches.

WATER SUPPY a)

Refer to TCI Building Code 2014 Section 7

204 TCI Development Manual 28 April 2014

15.10

b)

The cistern should be located underneath the house with an access hatch or cover for cleaning.

c)

Where piper water is available the cistern should be sized to hold at least 7 days supply.

CERTIFICATE OF OCCUPANCY After completion of the development, sheds used for storage of materials should be remove from the site immediately. This in turn will allow the Director to complete inspection procedures for the issue of a Certificate of Occupancy in accordance with Section 1 of the TCI Building Code 2014. The Certificate will not be issued unless all construction work has been completed and the building is fit to be occupied.

205 TCI Development Manual 28 April 2014