제1장 서론 ····························································································· 1
1. 연구의 배경 및 목적 ·················································································· 1
2. 연구의 범위 및 방법 ·················································································· 3
3. 연구의 내용 및 흐름 ·················································································· 4
제2장 관련 이론 및 제도 ··································································· 6
1. 도시계획시설 및 기부채납의 개념 ··························································· 6
2. 도시계획시설의 지정 및 해제 ································································ 15
3. 사전협의형 지구단위계획 ········································································ 16
4. 타 지자체 도시계획시설 해제 기부채납 제도 운용 실태 ··················· 22
제3장 도시계획시설 해제 현황 및 기부채납 사례 ······················ 24
1. 도시계획시설(시장, 학교) 해제 현황 ····················································· 24
2. 도시계획시설 해제 기부채납 사례 ························································· 28
3. 도시계획시설 해제에 따른 기부채납 사례의 종합 ······························ 47
제4장 도시계획시설 해제 기부채납 방식 및 기준설정 ·············· 49
1. 도시계획시설 해제 기부채납의 기본 방향 ············································ 50
2. 전문가 및 실무 공무원 심층 인터뷰 ····················································· 54
3. 도시계획시설 해제 기부채납의 기본원칙 및 결정(안) ························ 65
4. 도시계획시설 해제 기부채납의 기본원칙 및 결정(안)사례 적용 ······· 77
5. 시사점 ········································································································ 85
제5장 결론 및 정책적 제언 ····························································· 86
1. 결론 ············································································································ 86
2. 정책적 제언 ······························································································· 90
참고문헌 ······························································································ 93
부록 ······································································································ 95
<표 Ⅱ-1> 기반시설의 종류 ·············································································· 7
<표 Ⅱ-2> 도시계획시설(시장, 학교)의 용도지역별 입지기준 ······················ 8
<표 Ⅱ-3> 도시계획시설 내 편익시설 허용용도 ············································ 9
<표 Ⅱ-4> 도시계획시설별 지정 관계 부처 및 법령 ··································· 11
<표 Ⅱ-5> 도시계획시설별 시설의 범위, 결정기준 및 구조⸳설치기준 ······ 12
<표 Ⅱ-6> 관련개념의 비교 ············································································ 14
<표 Ⅱ-7> 용적률 변경에 따른 적용기준 ····················································· 19
<표 Ⅱ-8> 용적률 변경에 따른 공공기여율 적용 비율 ······························· 20
<표 Ⅱ-9> 계획유도 인센티브 적용기준 ······················································· 21
<표 Ⅱ-10> 타 지자체 기부채납 제도 이행 방법 ········································ 23
<표 Ⅲ-1> 시장과 학교의 현황 및 해제 개수 ·············································· 25
<표 Ⅲ-2> 기 해제된 시장 및 학교 기본 현황 ············································ 26
<표 Ⅲ-3> 시장 A 기초조서 ··········································································· 28
<표 Ⅲ-4> 시장 A 해제 후 개발계획 ···························································· 29
<표 Ⅲ-5> 시장 B 기초조서 ············································································ 30
<표 Ⅲ-6> 시장 B 해제 후 개발계획 ···························································· 31
<표 Ⅲ-7> 시장 C 기초조서 ··········································································· 33
<표 Ⅲ-8> 시장 C 해제 후 개발계획 ···························································· 34
<표 Ⅲ-9> 시장 C 기부채납 적용비율 ·························································· 34
<표 Ⅲ-10> 시장 C 기부채납 결정 ································································ 35
<표 Ⅲ-11> 시장 D 기초조서 ········································································· 36
<표 Ⅲ-12> 시장 D 해제 후 개발계획 ·························································· 37
<표 Ⅲ-13> 시장 E 기초조서 ········································································· 39
<표 Ⅲ-14> 시장 F 기초조서 ········································································· 40
<표 Ⅲ-15> 시장 G 기초조서 ········································································· 42
<표 Ⅲ-16> 학교 A·B 기초조서 ······································································ 43
<표 Ⅲ-17> 학교 C 기초조서 ········································································· 45
<표 Ⅲ-18> 도시계획시설 해제 기부채납 사례의 종합 ······························· 48
<표 Ⅳ-1> 기부채납 방식별 특성 비교 ························································· 71
<표 Ⅳ-2> 시장 C 해제 후 개발현황 ···························································· 78
<표 Ⅳ-3> 시장 C 기부채납 결정결과 ·························································· 79
<표 Ⅳ-4> 시장 C 기부채납 산정 결과 비교 ··············································· 81
<표 Ⅳ-5> 시장 D 해제 후 개발현황 ···························································· 81
<표 Ⅳ-6> 시장 D 기부채납 결정 결과 ························································ 82
<표 Ⅳ-7> 시장 D 기부채납 산정 결과 비교 ··············································· 84
<그림 Ⅰ-1> 연구의 공간적 범위 ····································································· 3
<그림 Ⅰ-2> 연구의 흐름 ·················································································· 5
<그림 Ⅱ-1> 관련법에 따른 과업의 대상 선정 ·············································· 8
<그림 Ⅱ-2> 도시⸳군계획시설 결정 범위 ······················································ 15
<그림 Ⅱ-3> 도시⸳군계획시설 결정 및 변경절차 ········································· 16
<그림 Ⅱ-4> 용적률적용 체계도 ····································································· 18
<그림 Ⅲ-1> 도시계획시설(시장, 학교) 해제 현황 ······································ 25
<그림 Ⅲ-2> 시장 A 위치 및 용도지역 현황 ··············································· 28
<그림 Ⅲ-3> 시장 A 해제 후 개발계획 ························································ 29
<그림 Ⅲ-4> 시장 A 해제 기부채납 결정도 ················································· 29
<그림 Ⅲ-5> 시장 A 해제 후 현재 개발 및 기부채납 토지 실태 ············· 30
<그림 Ⅲ-6> 시장 B 위치 및 용도지역 현황 ··············································· 31
<그림 Ⅲ-7> 시장 B 해제 후 개발계획 ························································· 31
<그림 Ⅲ-8> 시장 B 해제 기부채납 결정도 ················································· 32
<그림 Ⅲ-9> 시장 B 해제 후 개발 및 기부채납 현황 ································ 32
<그림 Ⅲ-10> 시장 C 위치 및 용도지역 현황 ············································· 33
<그림 Ⅲ-11> 시장 C 해제 후 개발계획 ······················································ 34
<그림 Ⅲ-12> 시장 C 기부채납 결정도 ························································ 35
<그림 Ⅲ-13> 시장 C 해제 후 개발 및 기부채납 현황 ······························ 36
<그림 Ⅲ-14> 시장 D 위치 및 지적도 ························································ 36
<그림 Ⅲ-15> 시장 D 기부채납 결정도 ························································ 37
<그림 Ⅲ-16> 시장 D 해제 후 개발 및 기부채납 현황 ····························· 38
<그림 Ⅲ-17> 시장 E 용도지역도 ·································································· 39
<그림 Ⅲ-18> 시장 E 해제 후 개발 현황 ····················································· 39
<그림 Ⅲ-19> 시장 F 위치 및 용도지역 현황 ············································· 40
<그림 Ⅲ-20> 시장 F 개발계획도 ·································································· 41
<그림 Ⅲ-21> 시장 F 해제 후 개발현황 ······················································ 41
<그림 Ⅲ-22> 시장 G 위치 및 지적도 ·························································· 42
<그림 Ⅲ-23> 시장 G 해제 후 개발 현황 ···················································· 42
<그림 Ⅲ-24> 학교 A·B 위치 및 지적도 ······················································ 43
<그림 Ⅲ-25> 학교 A·B 해제 기부채납 결정도 ··········································· 44
<그림 Ⅲ-26> 학교 A·B 해제 후 기부채납 현황 ········································· 45
<그림 Ⅲ-27> 학교 C 위치 및 지적도 ·························································· 46
<그림 Ⅲ-28> 학교 C 해제 후 개발계획 ······················································ 46
<그림 Ⅲ-29> 학교 C 해제 후 개발 현황 ···················································· 47
<그림 Ⅳ-1> 도시계획시설 해제에 따른 기부채납 방식 및 기준 설정 과정 ·· 49
<그림 Ⅳ-2> 도시계획시설 해제 신청요건 ···················································· 58
<그림 Ⅳ-3> 도시계획시설 해제 기부채납의 용도지역 고려 정도 ············ 58
<그림 Ⅳ-4> 현재 법률상 기부채납 적용 비율의 적정성 ··························· 59
<그림 Ⅳ-5> 사전협상형 지구단위계획 적용에 따른 시설해제 기부채납 면제 · 60
<그림 Ⅳ-6> 공공(공익)사업에 따른 기부채납 면제 ···································· 60
<그림 Ⅳ-7> 도시계획시설 해제 기부채납 적정성 위원회 필요성 ············ 61
<그림 Ⅳ-8> 토지방식 기부채납 산정 합당성 ·············································· 62
<그림 Ⅳ-9> 토지방식 선정의 유의점 ··························································· 62
<그림 Ⅳ-10> 연상면적 방식의 산정방법 ····················································· 63
<그림 Ⅳ-11> 현금방식 산정방법의 합당성 ················································· 63
<그림 Ⅳ-12> 건축물방식 산정방법의 합당성 ·············································· 64
<그림 Ⅳ-13> 기부채납 방식의 우선순위 선정 결과 ·································· 64
<그림 Ⅳ-14> 기부채납 결정과정의 합당성 ················································· 65
<그림 Ⅳ-15> 도시계획시설 해제 기부채납 결정의 과정 ··························· 75
<그림 Ⅳ-16> 도시계획시설 해제 기부채납 협상의 과정 ··························· 77
<그림 Ⅳ-17> 시장 C 해제 후 개발 조감도 ················································· 78
<그림 Ⅳ-18> 시장 C 기부채납 결정도 ························································ 79
<그림 Ⅳ-19> 시장 D 기부채납 결정도 ························································ 82
