FIRST SCHEDULE
CONTENTS OF NATIONAL, INTER-COUNTY AND COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLANS
PART I1.Introduction(1)Background of the Plan(5)Principles of the Plan2.Planning Context(1)Location-national, inter-county, local context(2)Legal and policy contextPART II3.Situational Analysis(1)Population and demographic(4)Economy- industry, agriculture, commerce, mining and quarrying, fisheries(5)Transportation and communication(6)Infrastructure services(1)Development challenges, opportunities and alternative interventions5.Plan Proposals(2)Strategies, measures, Actions(1)Spatially present the existing situation and Plan proposals for purposes of clarity in—(1)Contextual Aspects.National, Inter-County and Local context maps: These maps indicate relative location and position of the county. These are to the scale of 1:250,000 for national context, regional context ranges between, 1:50,000 and 1:100,000 and local context is 1:25,000.(2)Situation Analysis Context maps to illustrate features and aspects of various thematic areas. The scale depends on level of detail required to be illustrated or presented. The recommended scales range from 1:10,000, and 1:25,000.(3)Plan ProposalsThese maps indicate location of various Plan proposals. The scale depends on level of detail required to be illustrated or presented. The recommended scales range from 1:10,000 and 1:25,000.(4)Action PlansThese maps indicate areas for detail treatment. The scale of the maps depends on area to be covered and particular aspects to be captured. The recommended scales range from 1:5,000 and 1:10,000.(1)Key features to be captured in a Base map include:(a)Physiographic and natural features such as rivers, wetland, lakes, forests and hills among others.(c)Main man-made features such as trunk roads, railway lines, water reticulation facilities, terminus, way leaves, and human settlements, urban nodes among others.(2)Contents of Plan Proposal Maps(a)Selected existing features and elaborated presentation of the proposals. The maps should be geo-referenced and in layers.11.Purpose of the survey reportThe survey report shall provide for—(1)matters that may be expected to affect development of the County;(2)an inventory of the principal physical, economic, environmental, and social characteristics;(3)a statement on national policies on economic, social, physical and environmental management and conservation;(4)the principal and expected land use effects on the County;(5)population size, composition, structure, quality, distribution and trends;(6)communications, transport system, and traffic flow;(7)inter and intra county linkages and relations;(8)projected changes on all sectoral aspects and effects that the projected changes are likely to have on development, or the Planning of the county; and(9)any other matter that may be prescribed.12.Adoption of the survey report(1)The County Executive Committee Member shall submit the survey report to the relevant County Assembly for adoption.(2)If the County Assembly disapprove the survey report it shall state the reasons for its refusal and refer it to the county Director for review.(3)Submission of a reviewed survey report shall be undertaken as provided in the manner provided in subparagraph (1).SECOND SCHEDULE
CONTENTS OF LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLANS
PART A — MATTERS WHICH MAY BE DEALT WITH IN A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
3.Statements of the problem(a)Aspects of housing, unemployment, traffic congestion, pollution, land tenure, lack of services, terrain, soils;(b)Opportunities in tourism, fishing, manufacturing; etc.(c)Combating climate change.4.Objectives Statement(a)Ways of alleviating the problems.(b)Ways of maximization of utility and opportunities.5.Analysis(a)Spatial analysis accompanied by physical and land use and suitability maps and charts focusing on—(i)the terrain, soils and climate;(ii)existing land uses and development;(iii)potential pattern of development;(iv)land tenure system; and(v)cadastral outlay of all development.(b)Population analysis;(iv)Distribution, age and sex structure.(vi)Rates of household formation.(c)Economic analysis focusing on;(i)Employment and incomes and places of work.(ii)Development trends and(iii)Problems of service delivery.(iv)Agricultural potential of the urban region.(v)Problems of transforming the agricultural land into urban use.(d)Contextual analysis(i)Peri-urban slum settlements and problems they pose.(ii)Potential, distribution and size of service centres within and outside the urban boundary.(iii)Evaluation of urban boundary extension.(iv)Evaluation of the importance of such factors as commerce and tourism within extended areas.(v)Historical patterns and conditions.(e)Housing and infrastructure analysis(i)Housing occupancy rates, accommodation density, housing requirements, type of residential areas and industrial locations.(iii)Recreation areas and other public purpose land uses.(iv)Power lines and way leaves.(v)Water and sewerage networks.(vi)Housing and infrastructure programmes.(f)Transportation and communication analysis(i)Roads networks, footpaths, cycle ways, railway lines, depots, water ways, docks, etc.6.Projections(a)Land Use Projection Tables7.Maps and modeling(b)Sieve maps of the physical and land use constraints or thresholds to development(c)Development model map indicating land use designation and distribution as well as a clear transport and communication network.PART B — CONTENTS OF SURVEY REPORT
8.Before commencing preparation of a local spatial development plan a survey report shall be prepared providing details on—(a)spatial analysis: Existing and projected land use patterns, land tenure, land suitability analysis, spread and trends;(b)demographic dynamics; population growth, migration, density, and distribution, age and sex structure, household sizes and rates of household formation; employment and incomes including where people go to work and what trend and problems there are in relation to services;(c)economic base analysis;(d)reports on State of the environment; environmental assets, and condition;(e)transport ;mode, level of service, traffic flow and congestion;(f)communications networks such as roads, footpaths, cycle ways, railway lines, depots, water ways, docks, etc;(g)housing situation; housing occupancy rates, accommodation density, housing requirements, type of residential areas and industrial locations;(h)peri-urban slum settlements and problems they pose;(i)problems of transforming the agricultural land into urban use;(j)other social aspects including education, recreation areas and other public purpose land uses;(k)infrastructure and services; existing, projected and gap analysis;(l)opportunities; commerce, trade, transport, tourism, fishing, manufacturing, etc; and(m)any other matter as may be prescribed;PART C — CONTENT FOR RENEWAL AND RE-DEVELOPMENT PLAN
9.Maps of the project area10.Justification statement for eligibility of the areas as a substandard, decadent or blighted open area11.Land use pattern analysis and proposals12.Project objectives including specifications of all proposed redevelopment and detailed job creation and retention estimates13.A financial Plan including cost estimates and a project budget15.Site preparations including land protections and measures to address environmental or flood problems, conservation of areas of historic, architectural significance16.Traffic systems including safe pedestrian movement, access to buildings convenient and ample public car parks as well as efficient road links17.Public improvements including how the improvements will help achieve the objectives of the Plan19.Redeveloper's obligations (restrictions that are or will be placed on owners of individual parcels)20.Disposition for each parcel including any known redeveloper21.A report on citizen participation describing meaningful citizen participation in the Planning process and expected citizen participation during project executionTHIRD SCHEDULE
DEVELOPMENT CONTROL
1.Aspects of development controlThe development control process and procedures may relate to any of the following—(d)sub-division scheme and amalgamation proposals;(f)processing of easements and way-leaves;(g)siting of education institutions, base transmission station, petrol stations, eco lodges, camp sites, power generation Plants, factories;(i)other as the county executive committee member may prescribe from time to time;2.Consideration of development applicationA county government shall, when considering a development application submitted—(a)be bound by approved physical and land use Plans;(b)have regard to relevant national and county policies;(c)have regard to the health, safety, amenity, efficiency, aesthetics and conveniences of the community generally and to the proper Planning and density of development and land use in the area;(d)have regard to any comments received from the officers or authorities and or relevant stakeholders as referred to in section 60;(e)in the case of a leasehold, have regard to any special conditions stipulated in the lease.3.If any development application requires subdivision or change of user of any agricultural land, the county government shall require the applicant to obtain consent from the relevant Board.4.Planning authorities shall require applications for major developments to be subjected to environmental and social impact assessment.5.Consideration of change/extension of userThe following factors shall be considered in the determination of change and extension of user—(a)provisions of an approved physical and land use development Plan (b) Probable effects on the character of the neighbourhood (c) Effects on vehicular and pedestrian safety;(c)effect on the right to a view;(d)defined location and size of the land;(f)area zoning regulations;(g)infrastructure availability and adequacy.6.Consideration of extension of leaseExtension of Lease(a)Whether the land is required for public purpose.(b)Whether special conditions in the lease were adhered to.(c)Whether the land is developed.(d)Whether the buildings on the land have been well maintained.(e)Provisions of relevant approved physical and land use development Plans.(f)Defined location and size of the land.(g)Current user of the land.(h)Infrastructure availability and adequacy.7.Consideration for subdivision and amalgamationSub-division and amalgamation proposals(a)The design of the Plan.(b)Provisions of relevant approved physical and land use development Plans.(c)Land reference number, Size and shape of land.(d)The location Plan/inset.(e)Resultant subplots, their access and adequate truncations.(f)The owner of the property, name, signature, identification and telephone number.(g)Linkage and indication of classified roads, and other Infrastructure availability and adequacy.(h)Surrender of land for public utilities.(i)Change of user considering the minimum size of sub-plots.(j)Consent from the relevant agency in case of agricultural land.8.Where the development involves the erection of a building, the county government will consider the following—(a)the use of the building;(b)the sitting of the building within the plot;(c)the elevations of the building, plinth area, canopies and height of buildings;(d)the design, shape, civic design and facade and appearance of the building;(e)the set back and the building line;(f)access to and parking on land which the building is to be erected;(j)provision for rainwater harvesting facilities and water storage tanks in every building;(m)ventilation and lighting;(n)infrastructure adequacy;(o)environmental, health and cultural considerations; and(p)any other matter that a county government considers necessary for purposes of planning.9.Where the building plans submitted do not meet the required standard, a county government shall communicate the areas of improvement to the applicant.10.The applicant to whom any written directions are given shall amend the buildings Plans or drawings accordingly and resubmit within such a period as the county government may specify.11.The building Plans or drawings to be submitted include—(a)development Plan and drawings;(b)architectural drawings and specifications;(c)civil and Structural engineer's drawings and specifications;(d)electrical engineer's drawings and specifications; and(e)mechanical and plumbing drawings and specifications.12.Considerations for Easements and Way-leavesThe following services require easements and ways leaves —(b)electrical power supply;(c)water and sewerage networks;(f)base transmission stations; and(g)any other service as may require easement and or way leave.13.Consideration in approving advertisementsThe owner of a building may display the following illustrated advertisements without the prior consent of the relevant county government—(1)In the case of shops: the name and occupation of the occupier:Provided that the letters are not greater than 0.3 metre (12 inches) in depth and contains not more than 6 words.(2)In the case of offices: a notice board displayed at the ground floor entrance to the premises not exceeding 0.3 sq.metre. (1 sq. ft.) total for all occupiers.(3)Any advertisement displayed within a building or on land or building not visible from a street.14.The display of advertisements not mentioned in (1) shall require permission from the relevant county government.(1)The grant of permission under paragraph (1) shall depend on —(2)the location, size and colours of the billboard.(3)traffic and pedestrian safety;(4)religious, cultural and moral character of the advertisements;(5)preservation of the natural environment;(7)the preservation of natural monuments and archeological sites;(9)any other factor that the county government may consider necessary.15.A county government may by notice in writing, require any person who displays an advertisement without permission to remove such advertisement within the time specified in the notice.16.Authorities responsible for licensing educational facilities shall not issue licenses without advice from the relevant county government.17.In processing the applications the following planning considerations are taken into account—(1)the adequacy of the physical facilities;(2)land use conformity; and