Odisha Gazette, No. 1358, 16 July 2024

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The Odisha G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1358 CUTTACK, TUESDAY, JULY 16, 2024/ASADHA 25, 1946

BHUBANESWAR DEVELOPMENT AUTHORITY

AKASH SHOVA BUILDING,

PANDIT JAWAHARLAL NEHRU MARG, BHUBANESWAR - 751001

PABX No. 0674-2392801, 2390998 & 2396437 FAX No. 0674-2390633/2390085

NOTIFICATION

The 6th March 2024

No. 9963(cid:650)BDA-Planning(UTP)-11/15(cid:650)Whereas, the draft of the Bhubaneswar Development Authority (Street Design) Regulations 2021 was published as required by sub-section(2) of section 125 of the Odisha Development Authorities Act, 1982 in the Extraordinary issue No. 193 of the Odisha Gazette, dated the 2nd February 2022 under the notification of the Bhubaneswar Development Authority No. 37631/BDA, dated the 9th November, 2021 inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of thirty days from the date of publication of the said notification in the Odisha Gazette. Subsequently, the duration for receiving the objections and suggestions was extended to another 15 days vide BDA Notification No. 11885 Dated 31st March 2022.

And whereas, objections and suggestions received before the expiry of the period so specified in respect of the said draft have duly been considered by the Bhubaneswar Development Authority.

Now, therefore in exercise of the powers conferred by section 124 of the said Act, the Bhubaneswar Development Authority do hereby makes the following Regulation namely:-

Chapter I.

Preliminary

1. Short title, jurisdiction and commencement –

(i) These regulations shall be called the BDA (Street Design) Regulations, 2024. (ii) They shall extend to the whole area within the jurisdiction of Bhubaneswar Development Authority as notified from time to time.

(iii) They shall come into force on the date of their publication in the Odisha Gazette.

2. Definition, –

(i) ''Bus Stops'' means any location where the MoBus system running in the city of Bhubaneswar halts according to its scheduled route for boarding and alighting of passengers. This term refers to bus queue shelters and bus stands also;

(ii) ''Carriageway'' means the road space used for vehicular movement situated between kerb edges or between footpath edges (where there are no kerbs) on opposite sides of a street;

(iii) ''Cautionary/Warning'' means signs that are used to caution and alert the users to potential danger or existence of certain hazardous conditions either on or adjacent to the roadway so that they take the desired action. They are triangular with red border and black symbol in white background;

(iv) ''Clear walking zone'' means an obstacle free space for pedestrian movement; (v) ''Cycle Lanes'' means a portion of a roadway that has been designated by striping, signs, and pavement markings for the preferential or exclusive use of bicyclists;

(vi) ''Cycle stand/PBS stand'' means a dedicated space for parking of cycles or for the public bicycle sharing system for users;

(vii) ''Cycle Tracks'' means a dedicated path that is intended for the use of bicycles. It is physically separated from motorized vehicle traffic by a planting strip or paved surface;

(viii) ''Frontage Zone'' means the space adjacent to the building or property line used for extension of the respective land use activities;

(ix) ''Information/Guide'' indicates location and direction to facilities like fuel station or eating place or parking;

(x) ''Intersections'' means the general area where two or more roads join or cross (xi) ''IPT Stops'' means the demarcated or signified areas where IPT modes (auto rickshaws, taxi services) would stop for pick up and drop off their passengers (xii) ''Mandatory/Regulatory'' means signs are obligatory on the traffic which uses a specific area of road that indicate what must one do, rather than must not do;

(xiii) ''Median'' means the center of a street that physically separates the directional flow of traffic;

(xiv) ''Multi-utility zone'' means spaces in the right of ways that are carved out to create places for people;

(xv) ''On-street parking'' means the demarcated spaces where private vehicles can park their vehicles for the duration and fees as specified by the governing authority;

(xvi) ''Pedestrian zone'' means the space that extends from the edge of the carriageway edge or cycle zone (when the right of way is more than 12 m is width) to the property edge on both sides of the carriageway;

(xvii) ''Placemaking'' means a people-centred approach to the planning, design, and management of public spaces;

(xviii)"Right of Way (ROW)" means measure of the width of the road taken from compound wall/edge to compound wall/edge;

(xix) ''Refuge, Pedestrian Refuge'' means a space either in the middle of the carriageway or on the corners of an intersection that provide pedestrians with a place of refuge and reduce the crossing distance between safety points;

(xx)''Service Lanes'' means the lanes that run parallel to a main road to provide access for local traffic;

(xxi) "Traffic calming measures" ensure pedestrian and vehicle safety by reducing at least speed and potentially also the volume of motor vehicles. Traffic calming slows down vehicles through vertical displacements, horizontal displacement, real or perceived narrowing of carriageway, material/colour changes that signal conflict point, or complete closure of a street;

(xxii) ''Underground Utilities'' means all the utilities that run below the road surface including but not limited to Electric cables, Cable TV line, Gas pipeline, Water pipeline, telecommunication line, Optical fibre line;

Chapter II.

Applicability

3. These regulations shall apply to -

(i) All development, widening, repair, reconstruction, and maintenance of streets within the jurisdiction of Bhubaneswar Development Authority.

(ii) All the existing roads, proposed roads and the road stretches proposed to be widened within the jurisdiction of Bhubaneswar Development Authority as well as all those within its extended and future boundaries.

(iii) The provisions under comprehensive development plan for Bhubaneswar shall be referred to amend these regulations, as and when required.

4. Scope of regulations–

(i) This regulation and the annexure to this regulation- Street Design Guidelines for Bhubaneswar 2024gives guidelines purely regarding the designing of streets for appropriate allocation of spaces and general specifications for various elements of the street.

(ii) The Annexure to this regulation - Street Design Guidelines for Bhubaneswar 2024 would be further attached to and form a formal part of the Development Control regulations for Bhubaneswar.

(iii) All privately owned street under residential, commercial, institutional, and industrial campuses with right of way more than 12 meters in width shall adhere to these regulations.

(iv) Material specifications have been given in respective sections of each street element.

5. Implementation of regulations–

(1) The BDA (street design) Regulations is directed to all Government and Private Agencies who are involved in planning, design, construction, approval, and maintenance of existing and new streets and allied activities within the jurisdiction of Bhubaneswar Development Planning Area.

(2) All the Local communities, activist groups, NGOs working in any field related to traffic and transportation for Bhubaneswar city and all relevant stakeholders are to be encouraged to adhere to this regulation.

(3) It is recommended to refer to IRC guidelines for technical engineering aspects regarding technology and construction procedure along with these regulations.

(4) Enforceability: The below mentioned enforcement measures and penal actions under provision of Odisha Development Authority Act, 1982 will be applicable to the Government and Private Agencies who are involved in planning, design, construction, approval, and maintenance of existing and new streets and allied activities within the jurisdiction of Bhubaneswar Development Planning Area:

i. As per Section 15 – Prohibition of development without permission, of the Odisha Development Authorities Act, 1982, where the Sub Section 1 of the Section 15 states that, "no person including a department of the Central or a State Government or a Local Authority or a Body Corporate constituted under any law shall within the development area undertake any or carry out any development in or over any land without obtaining permission in writing from the concerned authority". In line with this it is mandatory for Government/Private agencies who are involved in construction of roads and allied activities in Bhubaneswar to follow these regulations to comply with the ODA Act, 1982.

ii. Hence as per the provisions of Section 15 of the ODA Act, and stated above, the Government and Private Agencies who are involved in construction of roads and allied activities in Bhubaneswar shall be responsible for incorporation of this regulation in the design stage itself and intimate the same to BDA before execution of the same and get an approval for the project in writing as per guidelines given under Section 13 of BDA (Street Design)Regulation, 2024.

iii. The approval requests by the agency or any deviations in design by the agency from these regulations due to any justifiable reason shall be placed before the DP and BP Committee of BDA, chaired by Vice Chairman, BDA held every month in BDA. Special invitees from road executing agencies/transport sector as required shall be invited to the committee by BDA for the approval decision making.

iv. In line of the above, and as per Section 90- Penalties, of the Odisha Development Authorities Act, 1982 where Sub-section (1) of Section 90 states that, "Any person who, whether at his own instance or at the instance5 of any other person or anybody (including a department of Government), undertakes or carries out development of any land in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall on conviction, be punishable with simple imprisonment for a term, which may extend to six months, or with fine which may extend to ten thousand rupees or with both and the Court shall in such order of conviction direct that if such contravention continues after the date of the order of conviction, a fine not exceeding five hundred rupees per day during the period during which the contravention continues, shall be recovered from the person so convicted", the Government/Private agencies who are involved in construction of roads and allied activities as mentioned under point i above, will be subject to bear the penalties.

v. Including above, penalties as per Sub Section (4) of the Section 90 of the Odisha Development Authorities Act, 1982, will also be applicable on the Government/Private agencies who are involved in construction of roads and allied activities, if found violating these regulations.

vi. Also, if the Government and Private Agencies who are involved in planning, design, construction, approval, and maintenance of existing and new streets and allied activities within the jurisdiction of Bhubaneswar Development Planning Area builds or construct in violation of these regulations, the construction will be considered as unauthorized and BDA will have the authority for removal of the said construction, as per Section 91 – Removal of unauthorized development, where Sub-section (1) of Section 91 states that, "Where any development has been commenced or is being carried on or has been, completed in contravention of the development plan or without the permission, approval or sanction referred to in section 15 or in contravention of any condition subject to which such permission, approval or sanction has been granted [or any development deemed to be a development undertaken, carried out of completed without a permission as referred to in Section 15 under Clause (b-1) of Sub-section (2) of Section 128] any officer of the Authority empowered by it in this behalf, may in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, falling or otherwise [or secured by sealing] by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person as may be specified in the order and on his failure to comply with the order, the officer of the. Authority may remove or [cause to be removed the development or seal or cause to be sealed such development and the expenses incurred therefor] s all be recovered from the owner or the person6 at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue".

vii. For Compounding of Offences (offences as per above), Government/Private agencies who are involved in construction of roads and allied activities can use the provisions under Section 98 – Compounding of Offences, where Sub- section (l) of Section 98 states that, "The Authority or any person authorized by it in this behalf by general or special order, may- (a) institute, defend or withdraw from any legal proceeding under this Act or any rule made thereunder, (b) either before or after the institution of the proceedings, compound any offence made punishable under this Act or any rule made thereunder, and (c) admit, compromise or withdraw any claim made under the Act or any rule made thereunder".

Chapter III.

Street Hierarchy& Design

6. Identification of street hierarchy –

(i) The right of way of the streets should be according to CDP 2030 prepared by BDA. (ii) The identification, design & construction of new streets and retrofitting of existing streets shall follow the street typology matrix as listed in Table 1.

(iii) The Street Hierarchy Matrix as shown in Table 1 for the RoWs as detailed in column A of the same table should be used to allocate space for the different street elements as listed in Section 11.

(iv) The street design parameters shall not exceed the specifications under table 1 without the prior approval from the authority. The control norms are further detailed out in Chapter IV of Street Design Guidelines for Bhubaneswar, 2024.

7. Detailing out street design components - Any individual/organisation/government department who intend to construct/ retrofit any road shall include the following components within the street design depending upon available right of way, movement pattern & volume and land use character surrounding the street –

(i) Pedestrian zone–The pedestrian zone extends from the edge of the carriageway edge or cycle zone (when the right of way is more than 12 m is width) to the property edge on both sides of the carriageway. There three primary zones in this – i. Frontage zone

ii. Clear walking zone

iii. Multi utility zone / Kerb edge zone

(ii) Cycle zone–The cycle zone extends from the edge of the carriageway to the edge of the pedestrian zone. Cycleways are typically designed as cycle track that are physically separated from traffic for most of their length or as cycle lanes within the roadway delineated with markings.

(iii) Multi-utility zone– Multi-utility zone is defined as spaces in the right of ways that are carved out to create places for people. However, the space should be designed after leaving 1.8m clear walkway zone for pedestrians. Multi-utility zone includes – i. Bus Stops7 ii. IPT Stops

iii. On Street Parking

iv. Cycle Stand/ PBS Station

v. Street Furniture vi. Street Vendors

vii. Landscape

viii. Underground Utilities

ix. Lighting

x. Signage

(iv) Carriageway– Carriageway is the roadbed used for vehicular movement. It is situated between kerb edges or between footpath edges (where there are no kerbs) on opposite sides of street. The optimum widths of carriageways depend on:

i. Road Classification

ii. Speed Limit

iii. Travel Lane

(v) Median & Refuge- A median island is the center of a street that physically separates the directional flow of traffic and can provide pedestrians with a place of refuge and reduce the crossing distance between safety points.

(vi) Streetlights–Lighting needs of pedestrians are different from those of vehicular traffic and therefore need to be designed and integrated within the overall lighting strategy for the street. Streetlights are broadly classified as

i. Lights for pedestrian

ii. Lights for carriageway

(vii) Signage – Signage is a comprehensive system of Regulatory, Informatory and Warning messages corresponding to the information for all road user groups. There are three categories for signage for roads, however a fourth category should be accommodated for the pedestrians: i. Mandatory/ Regulatory

ii. Cautionary/ Warning

iii. Informatory/ Guide

iv. Pedestrian

(viii) Intersections–It is the general area where two or more roads join or cross. The intersections can be treated in any one of the following methods –

i. Roundabouts on major to minor/ minor to minor intersections, ii. Signalisation (Traffic Signals) for major intersections,

iii. Grade separated pedestrian facilities & vehicular movement.

(ix) Traffic calming–Traffic calming measures have been the backbone of all the design components included in this regulation.

(x) Storm water management– Sustainable storm water management treats and slows runoff from impervious roadways, sidewalks, and building surfaces. In urban areas, natural drainage patterns have changed over time due to the incremental increase of impervious surface areas. Hard capes, such as concrete and asphalt, prevent rainfall from being absorbed at the source. Increased storm water flows and pollutants enter the sub-grade pipe network as a result, burdening the municipal wastewater system8 (in the case of a Combined Sewer System) or discharging into surface water bodies.

High-velocity discharge risks the erosion or flooding of local streams and creeks, destroying natural habitats.

TABLE 1 – STREET TYPOLOGY MATRIX:

8. Street design components - The details for each element of a street as listed in the following sub section from (1) to (10) with a detailed guidance for the inclusion of design elements in support of multiple travel modes is given in the respective section numbers of the Annexure to this regulation - Street Design Guidelines for Bhubaneswar 2024mentioned after each element as below – (i) Pedestrian zone - Refer Section 12.1

(ii) Cycle zone - Refer Section 12.2

(iii) Multi-utility zone - Refer Section 12.3

(iv) Carriageway - Refer Section 12.4

(v) Median &Refuge - Refer Section 12.5

(vi) Streetlights - Refer Section 12.6

(vii) Signage - Refer PgSection 12.7 (viii) Intersections - Refer Section 12.8

(ix) Traffic calming - Refer Section 12.9

(x) Storm water management - Refer Section 12.1011

Chapter IV.

Street Design Process

9. Study of existing condition of street proposed for retrofitting and/ or construction shall be

based on the following criteria –

(i) Data from secondary sources as listed below:

i. Street width according to Comprehensive Development Plan (CDP) – 2030.

ii. Bhubaneswar Smart City Proposal.

iii. Accident Data indicating high risk locations from Traffic Police and Commissionerate

(ii) Data from primary sources as listed below:

i. Land Use survey within 100 m of site boundary or street (refer to Table 1 for street typology based on land use survey)

ii. Classified traffic volume count (Lane configuration to be decided based on IRC 86)

iii. Pedestrian volume &movement

iv. Visual Survey - building use, street vendors, spill out spaces, informal markets.

(iii) Data and perceptions obtained from stakeholder consultation including but not limited to BDA, BMC, BSCL, BPTSL, PWD, PHEO, Sewerage Board, R&B Deptt., OPTCL, BSNL, Traffic Police, all Government and Private Agencies who are involved in planning, design, construction, approval, and maintenance of existing and new streets and allied activities within the jurisdiction of Bhubaneswar Development Planning Area and as per requirements, to be finalised by BDA.

10. Preparation of Land Use map, Street Hierarchy map, Activity mapping and mapping key

developments according to:

(i) Data from primary sources as listed below:

i. Topographic survey including road width, building footprints, light/telephone/electric compound walls, traffic signals, footpath, trees by circumference, manholes, surface levels, culverts, etc.

ii. Traffic and Pedestrian Volume Counts for all arms with origin destination survey.

iii. On-site survey to identify existing utilities such as - water lines, sewerage lines, power lines, FOC lines.

iv. Field Surveys along the identified street for activity mapping, building use and street vendor locations.

v. Parking survey including both on-street and off-street for peak and non-peak hours.

(ii) Data from secondary sources as listed below:

i. CDP 2030.

ii. Bhubaneswar One GIS Portal.

(iii) Data and perceptions obtained from stakeholder consultation including but not limited to BDA, BMC, BSCL, BPTSL, PWD, PHEO, Sewerage Board, R&B Deptt., OPTCL, BSNL, Traffic Police, all Government and Private Agencies who are involved in12 planning, design, construction, approval, and maintenance of existing and new streets and allied activities within the jurisdiction of Bhubaneswar Development Planning Area and as per requirements, to be finalised by BDA.

11. Select street template based on the right of way and refer street templates in Table 1. 12. Stakeholder Consultation - Prepare street alignment by coordinating and collaborating with key stakeholders to develop the street template for envisioning the desired RoW allocation along streets and intersections through the following steps:

(i) Centreline alignment, with optimum travel lanes as per street templates.

(ii) Check availability of minimum prescribed pedestrian realm as per street template.

(iii) Design the street with variations in parking zones/multi use zones/kerb edge treatments to achieve minimum pedestrian footpath at critical RoW.

(iv) Identify and design placemaking opportunities in the additional or available space within the pedestrian realm.

13. Application for approval of street design proposal - Approval for conceptual design of the street design shall be obtained from the DP & BP Committee or Urban Transport cell, as applicable constituted by Bhubaneswar Development Authority for the city of Bhubaneswar and the Stakeholders identified in the project. The following documents need to be submitted as part of the project –

(i) 4 hard copy prints of minimum A3 size of the streets on a scale of minimum 1:200 (ii) A detailed report outlining the process of street design from inception and identification to design stage and outlining the implementation strategy in lines with the Street Design Guidelines for Bhubaneswar, 2024

14. Detailed tender drawings and material specification shall be prepared after the approval of conceptual design by the DP & BP Committee/ Urban Transport Cell formed by the Authority.

15. Bidding Process

(i) Develop tender documents based on document available with the Works department for EPC, P1, Item rate Tenders & BoQ through:

i. Available methods for estimation- Odisha Schedule of Rates, PWD.

ii. Item rate analysis for elements not prescribed in the Standard Schedule of Rates, Odisha.

iii. Best price quote from minimum 3 vendors for bought-out items out of Standard Schedule of Rates, Odisha.

(ii) Coordinate to tender the approved designs to the contractor and give instructions for ensuring that the work follows the SDG recommendations

(iii) Bid Process Management shall be carried out involving the following steps i. Coordinate pre-bid meeting

ii. Preparing responses to the queries raised during the pre-bid meeting iii. Evaluation of bids received and preparing evaluation report for approval iv. Issuance of LOA/ LOI to the selected bidder

16. Construction supervision and implementation –

(i) Formulate expert committee to supervise construction comprising of the following members but not limited to:

i. Public Health Engineering Organisation (PHEO), Software Technology Parks of India (STPI), Odisha Power Transmission Corporation Limited (OPTCL) & Central Electricity Supply Unit (CESU).

ii. Traffic Police. iii. Works Department (Govt. of Odisha), Road & Bridges Department & Bhubaneswar Municipal Corporation.

(ii) Coordination strategy with the consultant for effective implementation through the following steps:

i. Site Verification:

1. On-ground review and assessment of existing uses and utilities.

2. Finalisation and approval of the complete material palette on-site by executing a sample of 10m x 10m.

3. Management strategy to accommodate existing uses while construction:

a. Debris Management.

b. Underground utilities phasing plan.

c. Traffic Management.

d. Encroachment.

ii. Compliance with the approved design

1. Review plans between stakeholders to ensure construction is supportive of street template.

2. Ensure submission of reports at each stage of construction detailing the compliant and non-compliant areas based on the monitoring & evaluation checklist.

Chapter V.Monitoring & Evaluation Checklist

17. The following checklist should be followed to evaluate applications for street design essentially for new roads or for cases where the entire street is redeveloped/ reconstructed.

It contains the minimum standards that should be followed for developing and preserving safe operations of road facility.

18. This audit checklist will be used to check the compliance to the larger objective of the Street Design Guideline by the Urban Transport Cell as and when it is formed

19. Following is a checklist categorized in five layers– A) Underground; B) Footpath; C) Cycle Tracks; D) Intersections; and E) Above-ground Utilities.

By order of Bhubaneswar Development Authority

BISWARANJAN RATH

Secretary

Bhubaneswar Development Authority

Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 598—173+10