Full text of the 2018 Zhengzhou City Urban Landscaping Regulations
Zhengzhou City Urban Landscaping Regulations
Chapter I General Provisions
Article 1 In order to strengthen the construction and management of urban landscaping and greening, and to protect and improve the urban ecological environment, according to the State Council's "Regulations on Urban Landscaping" and relevant laws and regulations. Combined with the actuality of the city, the formulation of these regulations.
Article II of the city's urban planning area, on the street planning area, the county (city) people's government planning area of urban landscaping planning, construction, protection and management, the application of these regulations.
Article III of the city, county (city), district people's government shall incorporate urban landscaping construction into the national economy and social development planning, to determine the development goals of urban landscaping, urban landscaping development to ensure that the development of urban landscaping and funds needed to increase the area of green space year by year.
Article IV of the city's urban landscaping administrative department is responsible for the city's urban landscaping work.
County (city), district urban landscaping administrative departments in accordance with the division of responsibilities and the provisions of this Ordinance is responsible for urban landscaping within the administrative area.
Urban and rural planning, land resources, construction, finance, urban management, price, water and other departments in accordance with their respective responsibilities to do a good job in urban landscaping.
The relevant laws and regulations by the forestry administrative department and other management of greening work, in accordance with its provisions.
Article 5 urban landscaping should adhere to the people-oriented, ecological priority, scientific planning, strict protection, according to local conditions, resource conservation, focusing on plant landscape creation, biodiversity protection and the application of native plants.
Article 6 Any unit or individual has the obligation to protect urban landscaping and its facilities, the destruction of urban landscaping and its facilities, the right to discourage, complain and report.
Organs, enterprises, institutions, social organizations, schools, communities and other organizations should guide their own personnel, students, residents and other greening obligations, and protect the achievements of greening.
The news media should strengthen the publicity of scientific knowledge of gardening and greening, laws and regulations, and enhance the citizens to fulfill their greening obligations and protect the greening results of awareness.
Article 7 encourages units and individuals to invest, donate, adopt and other ways to participate in the construction and maintenance of urban landscaping.
The urban landscaping work has made outstanding contributions to the units and individuals, the city, county (city), district people's government or the administrative department of urban landscaping shall give recognition and reward.
Chapter II Planning and Construction
Article VIII of the urban green space system planning by the city, county (city), on the streets of urban and rural planning administrative departments in conjunction with the urban landscaping and greening administrative departments based on the city's overall planning **** with the preparation, approved by the people's government of the same level after the announcement and implementation.
Article IX municipalities, counties (cities), neighborhoods on the urban and rural planning administrative department shall, in conjunction with the urban landscaping administrative department according to the urban green space system planning, control detailed planning and urban landscaping of the status quo, to determine the various types of green space boundary coordinates, delineate the boundaries of the green space, and announced to the community.
The green line is determined, shall not be adjusted without authorization. Adjustment is necessary due to urban construction, the city, county (city), on the streets of urban and rural planning administrative departments without reducing the total amount of green space planning, under the premise, should seek the views of the same level of urban landscaping and greening of the administrative departments, and in accordance with the authority of the planning and approval reported to the original approval authority for approval.
Article 10 of the urban planning and construction, should be left enough green area. New areas of green space, should account for more than thirty-five percent of the total land area; remodeling of the old city's green space, should account for more than twenty-five percent of the total land area.
Within the new area, every ten square kilometers should be planned to reserve at least one area of more than 100,000 square meters of integrated parks, each square kilometer should be planned to reserve at least one area of more than 5,000 square meters of parkland.
Article 11 of the following construction projects in accordance with the following green space indicators:
(a) residential areas (including residential areas, residential districts, residential clusters) green space rate of not less than thirty percent, of which the centralized green space should account for more than ten percent of the total land area;
(b) unit courtyard green space rate of not less than thirty percent, of which the education, scientific research, medical and health, rest (rest). (b) the unit courtyard green area rate of not less than thirty percent, of which education, research, health care, rest (convalescence) hospitals (houses), organizations, public **** cultural facilities and other units not less than thirty-five percent; transportation hubs, warehousing, commercial centers not less than twenty-five percent;
(c) landscaped road green area rate of not less than forty percent; red line width (including green belts) is greater than fifty meters of the road, the green area rate of not less than thirty percent; the red line width of forty meters above fifty meters below the road, the green area rate of not less than thirty percent; red line width of forty meters above fifty meters of the road, the green area rate of not less than thirty percent; red line width of more than fifty meters below the road. Forty meters above fifty meters below the road, the green rate of not less than twenty-five percent; red line width of less than forty meters of the road, the green rate of not less than twenty percent;
(d) railroads, rivers and canals on both sides and lakes, reservoirs along the width of the protective green space, not less than thirty meters.
The construction projects listed in the preceding paragraph (a), (b), (c) is an old urban renewal project, its green space rate target can be reduced, but shall not exceed five percentage points.
Article XII of this Ordinance, Article 11, paragraph 1 (a), (b) of the construction projects listed in the old city renovation projects, in accordance with the second paragraph of Article 11 of this Ordinance implementation of the difficulties, by the city, county (city), the upper neighborhood urban and rural planning administrative departments in conjunction with the administrative department of urban landscaping review and report to the people's government at the same level for approval, the greenbelt ratio target can be reduced, but shall not exceed three percentage points. Shall not exceed three percentage points.
Because of the reduction of green space rate indicators to reduce the area of green space, the construction unit should be built nearby; can not make up for the construction, by the city, county (city), on the streets of the administrative department of urban landscaping and greening of the unified easy to build, the required costs borne by the construction unit.
Article 13 in the city on state-owned land to build road protection green space and parks outside the residential area, the construction of land by the city, county (city), the people's government to take the allocation of supply.
Article 14 of the responsibility for the construction of green space is determined in accordance with the following provisions:
(a) road green space, parks outside the residential area of green space, by the city, county (city), district urban landscaping and greening administrative departments responsible for;
(b) protective green space, production green space, by the city, county (city), district urban landscaping and greening administrative departments or the relevant units are responsible for;
(C) subsidiary green space (except road green space), parks in residential areas, by the development and construction units responsible;
(D) railroads, rivers and canals, lakes, reservoirs within the scope of management of the green space, by the relevant authorities.
The green space outside the provisions of the preceding paragraph, the responsibility for construction is not clear, by the city, county (city), district people's governments in accordance with the actual situation, in accordance with the principle of conducive to the construction, convenient maintenance and management.
Article 15 of the government investment in urban landscaping projects, shall take the public bidding method to determine the design, supervision, construction units.
Urban landscaping project design, supervision, construction, should be undertaken by units with appropriate qualifications.
Article 16 of the city, county (city), on the street urban landscaping administrative departments shall, in accordance with the relevant provisions of the state, province, city and other urban landscaping project quality supervision.
Article XVII of the construction project attached to the greening project should be synchronized with the main project design, construction, acceptance.
Construction projects should be attached to the greening costs into the investment budget.
Construction projects attached to the greening project design, in accordance with the basic construction procedures for approval, the city, county (city), district urban landscaping and greening administrative departments should participate in the review; parks, green space, protective greens and road greening and other greening projects, design plans, should be solicited, the city, county (city), on the streets of the urban landscaping and greening of the administrative departments of the views.
Article 18 of the government investment in urban landscaping project is completed, the administrative department of urban landscaping should be in accordance with the management authority to organize acceptance, acceptance, before being put into use.
Article 19 of the development and construction units should be since the date of completion and acceptance of greening projects in residential areas within fifteen days, to the city, county (city), on the streets of urban landscaping administrative departments for the record.
The area and location of green space in the residential area should be expressed in the contract for the sale of housing. Development and construction units should make green space plan signage, in a prominent position in the residential area for permanent publicity.
Prohibit the construction of buildings and structures on the green space in the residential area.
Article 20 of the development and utilization of green underground space, should be in line with the relevant national construction norms, shall not affect the normal growth of trees and the use of green space function. Municipalities, counties (cities), neighborhoods on the administrative department of urban and rural planning in accordance with the law before the relevant planning permission procedures, shall seek the views of the administrative department of urban landscaping at the same level.
Article 21 actively promote roof greening, vertical greening and other forms of three-dimensional greening. Institutions, institutions and cultural, sports, education and other public **** service facilities of the building, suitable for roof greening, roof greening should be implemented.
Article 22 parks, green squares along the street part of the city's main roads along both sides of the unit, in addition to special security needs, should be implemented in open greening.
Article 23 street trees should be selected long life, strong resistance, good shade effect of tree species.
Promote the single side of the road to plant more than two rows of street trees.
Article 24 of the urban planning and construction should be rationally arranged on the ground, the location of underground pipelines and direction. Above ground pipelines shall not affect the integrity of the tree and tree growth, underground pipelines should be in accordance with the relevant norms and trees and other green facilities to maintain a distance, if necessary, to take protective measures.
New pipelines and new trees, should be subject to planning, in line with the first after the construction of the first planting, after the planting of the first construction of the principle of negotiation.
Chapter III protection and management
Article 25 of the care of green plants and facilities, in accordance with the principle of combining professional care and social maintenance, the implementation of the lot responsibility system, to ensure that the plants are strong, the facilities are in good condition.
Article 26 of the green space and trees outside the green space maintenance responsibility in accordance with the following provisions:
(a) outside the residential area of the park green space, protection of green space, road green space and street trees, by the city, county (city), district urban landscaping and greening of the administrative department or the people's government of the same level is responsible for the designated department;
(b) unit attached to the green space and trees, the unit of pipe Protection of green space within the boundary, the unit is responsible for;
(c) green space in residential areas, has implemented property management, by the owners or their entrusted property service enterprises; not implemented property management, by the township (town) people's government of its location, the street office is responsible for the county (city), district finances should be given appropriate subsidies;
(d) the street units, residential areas, stores Responsible for the maintenance of self-built green in front of their doors.
The provisions of the preceding paragraph other than green space and tree maintenance responsibility is unclear or controversial, by the city, county (city), district urban landscaping administrative departments to determine.
Article 27 prohibits unauthorized changes in the nature and use of green space planning. Due to urban construction and other special reasons really need to change the planning, the administrative department of urban and rural planning shall obtain the consent of the administrative department of urban landscaping and greening, and according to the planning approval authority to report to the original approval authority for approval.
Article 28 prohibits changes in the nature and use of green space in the park. Change the nature and use of other green space, the city, county (city), on the streets of urban and rural planning administrative departments shall, together with the administrative department of urban landscaping and greening to put forward the views of the people's government at the same level for approval, and close to the construction of not less than the same area, not less than the same standard of green space; can not be constructed close to the construction of the green space in accordance with the greening on behalf of the way to carry out the construction.
Article 29 of the construction and other reasons for the temporary occupation of green space, shall be approved by the city, county (city), on the street urban landscaping and greening administrative departments. Temporary occupation of flower beds along the street, hedges, lawns, shall pay compensation for temporary occupation of green space.
Temporary occupation period shall not exceed one year. Occupation of the expiration of the period, the occupying unit shall be restored within the specified period; causing damage, shall be compensated.
Article 30 in the park green space around the specified area of new buildings, structures, cities, counties (cities), on the streets of urban and rural planning administrative departments in accordance with the law before the relevant planning permission procedures, shall seek the views of the administrative department of urban landscaping.
Article 31 set up outdoor advertising shall not affect the normal growth of green plants, shall not block the urban landscaping landscape.
Article 32 prohibits the following behaviors:
(a) theft, trampling, damage to trees and plants;
(b) borrow trees as a support or fixture, hanging billboards on the trees;
(c) dumping of garbage or hazardous substances, piling up debris, soil extraction, burning next to the trees and in the green space;
(d) in the green space Unauthorized setting up of advertisements, erection of buildings and structures;
(v) Unauthorized removal of hedges, flower beds and lawns;
(vi) Unauthorized setting up of stalls and parking of vehicles in green spaces;
(vii) Unauthorized setting up of business facilities and projects in parks and green spaces other than residential areas;
(viii) Pollution, damage to architectural vignettes and amusement, resting and watering Lighting and other facilities;
(ix) other damage to the landscaping and its facilities 'behavior.
Article 33 of the implementation of key protection of landscaped roads, prohibit the violation of planning in the road green space to open access. Road protection green space or strip park width of twenty meters or more, the outside of which should be planned for the construction of auxiliary roads.
Article 34 of the green plants impede public **** traffic, landscaping management and maintenance units should be dealt with in a timely manner.
Because of the impact of electricity, communication line safety, engineering construction or other non-maintenance reasons need to prune street trees, by the city, county (city), district urban landscaping administrative department for approval and organization of pruning.
Article 35 to strengthen the prevention and control of pests and diseases of green plants, promote biological control technology, the establishment of pests, diseases, epidemics measurement and control system.
Strict implementation of seedlings, seed quarantine system. The introduction of seeds, seedlings should be in accordance with the provisions of the plant quarantine department quarantine, without quarantine or unqualified quarantine, shall not be introduced, planting.
Article 36 of the old and valuable trees in accordance with the relevant provisions of the implementation of key protection, strictly prohibit felling and unauthorized transplantation, to prevent man-made and natural damage. Old and valuable trees by the unit or individual maintenance, the city, county (city), district urban landscaping and greening administrative departments shall strengthen supervision and technical guidance, develop maintenance methods and technical measures, establish archives, set up signs.
Article 37 of the following is not included in the implementation of the key protection of old and valuable trees, non-natural death, reach the renewal period or major construction projects must not be cut down, transplantation:
(a) Fatsia 40 centimeters or more than the age of more than 50 years;
(b) bubble tree, sycamore, poplar, more than 60 centimeters of chest diameter;
(C) evergreen tree species with a diameter of thirty centimeters or more;
(D) other tree species with a diameter of fifty centimeters or more.
Article 38 of the street tree trunks should be implemented around the permeable, breathable cover.
Pruning, transplanting, felling street trees should be implemented by the professional maintenance unit of landscaping. Street trees missing, should be planted in accordance with the specifications for landscape planting in a timely manner.
Article 39 without approval, shall not cut down, transplant trees.
Approved by the felling and transplanting of other people's trees, shall be compensated in accordance with the provisions.
Felling and transplanting trees, adhere to the principle of not transplanting what can be pruned, not cutting what can be transplanted and transplanting nearby.
Article 40 of the application for felling and transplantation of trees, shall have one of the following conditions:
(a) necessary for the construction of construction projects;
(b) the occurrence of serious pests and diseases have been unable to save or naturally withered;
(c) endangering the safety of people, buildings or other facilities;
(d) impede traffic;
(e) the occurrence of severe diseases and insect pests have not been able to save or naturally withered;
(c) endangering the safety of people, buildings or other facilities;
(d) impede the traffic;
(f) the occurrence of serious pests and disease, or natural death of trees. p>
(E) the age of the tree has reached the renewal period;
(F) the density is too large need to inter-cutting, inter-movement;
(G) the transformation of green facilities necessary;
(H) other reasons necessary.
Article 41 of the approval authority for felling and transplanting trees in accordance with the following provisions:
(a) in the urban parks and green spaces (excluding parks and green spaces in residential areas), protection of green spaces and within the scope of the public **** road, by the municipal urban landscaping and greening of the administrative department for approval;
(b) in the urban units, residential areas, by the district urban landscaping and greening of the administrative department for examination and approval, submitted to the municipal urban gardening and greening administrative department for examination and approval;
(2) in urban units, residential areas, by the district urban gardening and greening administrative department for examination and approval. The competent department for review and approval, reported to the municipal urban landscaping and greening administrative department for approval;
(C) in the county (city), within the boundaries of the neighborhood, by the county (city), the neighborhood urban landscaping and greening administrative department for approval;
(D) Transplantation of old and valuable trees should be implemented in accordance with the relevant provisions of the State.
Article 42 of the felling, transplantation of trees and temporary occupation of green space applications, the approval department shall be processed within fifteen days from the date of receipt of the application. Approval of felling, transplanting trees and temporary occupation of green space, the issuance of permits.
Because of rescue, disaster relief, sudden accidents and other emergencies need to cut down, prune the trees, you can first cut down, prune, and at the same time report to the city, county (city), on the street urban landscaping administrative departments. After the elimination of the danger within ten days, felling, pruning units should be to the city, county (city), neighborhood urban landscaping administrative departments to complete the procedures.
Article 43 of the approved felling of trees, should be replanted in accordance with relevant regulations.
Replacement of trees shall not be less than five centimeters in diameter, and ensure survival.
Due to objective limitations can not be replanted or replanted up to the required standard, you should pay the cost of replanting trees, by the city, county (city), on the streets of urban landscaping and greening administrative departments responsible for replanting.
Chapter IV Legal Liability
Article 44 of one of the following acts, by the city, county (city), on the streets of urban landscaping administrative departments ordered to stop the infringement, and impose a fine in accordance with the following provisions; causing damage, shall bear the responsibility for compensation:
(a) unauthorized occupation of green space or change the use of green space, and ordered to make corrections within a specified period of time, and shall be subject to a fine of not less than one thousand yuan per square meter, not exceeding five thousand yuan per square meter. A fine of not less than five thousand yuan per square meter;
(b) unauthorized removal of hedges, flower beds, lawns, and ordered to restore a limited period of time, and impose a fine of not less than five hundred yuan per square meter of not more than one thousand yuan;
(c) temporary occupation of green space expires, and fails to comply with the specified period of time to restore the green space from the date of expiration of the period of time, a fine of not less than fifty yuan per square meter of not more than one hundred per day;
p> (d) unauthorized pruning of street trees, a fine of five hundred yuan per plant to one thousand yuan;
(e) damage, cutting or unauthorized transplantation of old and valuable trees, a fine of ten thousand yuan per plant to fifty thousand yuan;
(f) unauthorized felling and transplantation of street trees and large trees under Article 37, a fine of five thousand yuan per plant to twenty thousand yuan;
(f) unauthorized felling, Transplantation of other trees and damage to the death of street trees, shall be fined more than one thousand yuan per plant five thousand yuan or less.
Article 45 of the new construction, alteration of residential areas, unit courtyard construction projects in violation of the provisions of Article 11, Article 12, paragraph 1, by the city, county (city), on the streets of the administrative department of urban landscaping and greening ordered to make corrections within a specified period of time, and impose a fine of 10,000 yuan per square meter of more than 50,000 yuan.
Article 46 of the construction unit is not required to make public the plan of green space, by the city, county (city), on the street urban landscaping administrative departments ordered to make corrections within a certain period of time; failure to make corrections, a fine of five thousand yuan.
Article 47 of the following acts, by the city, county (city), on the street urban landscaping and greening administrative department shall order rectification, and impose a fine in accordance with the following provisions; causing losses, shall bear the responsibility for compensation:
(a) violation of the provisions of Article 32 of this Ordinance (a), (b), (c), (f), (h), (ix) One of the provisions of this Ordinance, may be imposed a fine of not less than fifty yuan per place and not more than five hundred yuan;
(2) violation of the provisions of Article 32 (7) of this Ordinance, by the municipal, county (city), the upper street urban landscaping and greening administrative department shall order the removal of the time limit, and shall be imposed a fine of not less than one thousand yuan per place and not more than five thousand yuan;
(3) violation of the provisions of Articles 31, 32 ( (iv), shall be fined not less than five thousand yuan and not more than ten thousand yuan.
Article 48 of the green space maintenance responsible unit for failure to fulfill the maintenance responsibility or improper maintenance caused serious damage to the green space, by the city, county (city), on the street area of urban landscaping and greening of the administrative department ordered to make corrections, and according to the area of damage to the green space and impose a fine of more than 50 yuan per square meter to less than one hundred yuan.
Article 49 of the urban landscaping project design, supervision or construction unit without qualification or beyond the qualification to undertake the design of landscaping projects, supervision, construction business, by the city or county (city), on the streets of the urban landscaping administrative department ordered to stop the design, supervision or construction, and make corrections within a period of time, and impose a fine of more than 2,000 yuan 10,000 yuan or less.
Article 50 of the administrative department of urban landscaping, urban and rural planning and other relevant management departments and their staff in violation of the provisions of this Ordinance, one of the following acts, by their units or higher authorities to give administrative sanctions; constitutes a crime, be held criminally responsible:
(a) unauthorized changes in the planning of green space or other green space nature and purpose
(b) unauthorized reduction of green space rate indicators approved construction projects related procedures;
(c) unauthorized adjustment of the urban green line;
(d) unlawful implementation of administrative licensing;
(e) unlawful implementation of administrative punishment;
(f) unlawful charging or unauthorized diversion of greening on behalf of the construction costs;
( (VII) other abuse of power, dereliction of duty, favoritism.
Chapter V Supplementary Provisions
Article 51 of the Regulations referred to green space, including parks, green space, protective green space, ancillary green space and other green space.
The green line referred to in these regulations, refers to the control line of the scope of various types of urban green space.
The ancient and famous trees referred to in these regulations, refers to trees more than one hundred years old, as well as precious, rare or with historical, scientific, cultural value, important memorial significance of the trees.
Article 52 of these regulations shall come into force on October 1, 2012. December 20, 1989 Zhengzhou City, the sixth meeting of the Standing Committee of the Ninth People's Congress adopted on February 17, 1990, the Standing Committee of the Seventh People's Congress of Henan Province approved the fourteenth meeting of the "Zhengzhou City, urban gardening and greening construction and management regulations", December 20, 1996, the tenth session of the Standing Committee of the People's Congress of Zhengzhou City. Adopted at the 27th Meeting of the Standing Committee of the 10th Zhengzhou Municipal People's Congress on December 20, 1996, approved at the 25th Meeting of the Standing Committee of the 8th People's Congress of Henan Province on April 4, 1997, and approved at the 12th Meeting of the Standing Committee of the 11th People's Congress of Zhengzhou on June 23, 2000, and approved at the 12th Meeting of the 11th People's Congress of Zhengzhou on September 9, 2000, and approved at the 12th Meeting of the 11th People's Congress of Zhengzhou on June 9, 2000 adopted at the twelfth meeting of the standing committee of the eleventh session of the people's congress of zhengzhou city on amending the "zhengzhou city gardening and greening construction management regulations" decision approved by the standing committee of the ninth session of the people's congress of henan province at its eighteenth meeting on September 27, 2000, adopted at the tenth meeting of the standing committee of the twelfth session of the people's congress of zhengzhou city on April 28, 2005, and approved by the standing committee of the twelfth session of the people's congress of henan province at its twelfth meeting on September 30th meeting of the Standing Committee of the Tenth People's Congress of Henan Province approved the "Standing Committee of the Zhengzhou Municipal People's Congress on the revision of" Zhengzhou City Landscaping Construction Management Regulations "decision" shall be repealed at the same time.