Full text of Zhengzhou Landscaping Regulations 20 18

Full text of Zhengzhou Landscaping Regulations 20 18

Regulations of Zhengzhou Municipality on Urban Landscaping

Chapter I General Provisions

Article 1 In order to strengthen the construction and management of urban landscaping, protect and improve the urban ecological environment, these Regulations are formulated in accordance with the Regulations of the State Council Municipality on Urban Greening and other relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the planning, construction, protection and management of urban landscaping in the urban planning area, Shangjie planning area and the planning area where the county (city) people's government is located.

Article 3 The municipal, county (city) and district people's governments shall incorporate the construction of urban landscaping into the national economic and social development plan, determine the development goals of urban landscaping, ensure the land and funds needed for the development of urban landscaping, and increase the greening area year by year.

Fourth city landscaping administrative departments responsible for the city's urban landscaping work.

County (city) and district urban landscaping administrative departments shall be responsible for urban landscaping within their respective administrative areas in accordance with the division of responsibilities and the provisions of these regulations.

Urban and rural planning, land resources, construction, finance, urban management, price, water and other departments should do a good job in urban landscaping according to their respective responsibilities.

The greening work managed by the forestry administrative department as stipulated by relevant laws and regulations shall be implemented in accordance with its provisions.

Fifth city landscaping should adhere to the people-oriented, ecological priority, scientific planning, strict protection, adjust measures to local conditions, save resources, pay attention to plant landscape construction, biodiversity protection and application of native plants.

Article 6 All units and individuals have the obligation to protect urban landscaping and its facilities, and have the right to dissuade, complain and report acts that damage urban landscaping and its facilities.

Organs, enterprises, institutions, social organizations, schools, communities and other organizations shall guide their personnel, students and residents to fulfill their greening obligations and protect the greening achievements.

The news media should strengthen the publicity of scientific knowledge and laws and regulations on landscaping, and enhance citizens' awareness of fulfilling greening obligations and protecting greening achievements.

Seventh units and individuals are encouraged to participate in the construction and maintenance of urban landscaping through investment, donation and adoption.

Units and individuals that have made outstanding contributions to urban landscaping shall be commended and rewarded by the municipal, county (city), district people's government or the administrative department of urban landscaping.

Chapter II Planning and Construction

Eighth urban green space system planning by the city, county (city), Shang Jie District urban and rural planning administrative departments in conjunction with the urban landscaping administrative departments in accordance with the overall urban planning * * *, promulgated and implemented after the approval of the people's government at the same level.

Article 9 The administrative departments of urban and rural planning of cities, counties (cities) and Shang Jie District shall, jointly with the administrative departments of urban landscaping, determine the boundary coordinates of all kinds of green spaces according to the urban green space system planning, regulatory detailed planning and the present situation of urban landscaping, delimit the green space boundary and announce it to the public.

After the green line is determined, it shall not be adjusted without authorization. If it is really necessary to make adjustments due to urban construction, the administrative department of urban and rural planning of the city, county (city) and Shang Jie District shall solicit the opinions of the administrative department of urban landscaping at the same level without reducing the total amount of planned green space, and report to the original examination and approval authority for approval according to the planning examination and approval authority.

Tenth city planning and construction, should leave enough green land area. The green area of the newly-built area shall account for more than thirty-five percent of the total land area; The green area of the old city should account for more than 25% of the total land area.

In the newly-built area, at least one comprehensive park land with an area of10,000 square meters should be reserved every ten square kilometers, and at least one park green space with an area of more than 5,000 square meters should be reserved every square kilometer.

Eleventh green indicators of the following construction projects shall be implemented in accordance with the following provisions:

(a) residential areas (including residential areas, residential quarters, residential groups) green rate of not less than thirty percent, of which the centralized green area should account for more than ten percent of the total land area;

(two) the unit courtyard green rate is not less than thirty percent, including education and scientific research, medical and health care, rest (treatment) hospitals (institutes), government organizations, public cultural facilities and other units not less than thirty-five percent; Transportation hub, warehouse, business center, etc. Not less than 25%;

(three) the green rate of landscape roads is not less than forty percent; The red line width (including green belt) is more than 50 meters, and the green rate is not less than 30%; The red line width is more than forty meters and less than fifty meters, and the green rate is not less than twenty-five percent; The red line width is less than forty meters, and the green rate is not less than twenty percent;

(four) the width of the protective green space on both sides of railways, canals, lakes and reservoirs shall not be less than 30 meters.

If the construction projects listed in items (1), (2) and (3) of the preceding paragraph belong to the old city reconstruction project, the green rate index can be reduced, but it shall not exceed five percentage points.

Article 12 The construction projects listed in Items (1) and (2) of Paragraph 1 of Article 11 of these Regulations belong to the old city reconstruction projects. In accordance with the second paragraph of Article 11 of this Ordinance, if it is really difficult to implement it, the administrative department of urban and rural planning of the city, county (city) and Shang Jie District shall, jointly with the administrative department of urban landscaping, report it to the people's government at the same level for approval, and the green rate index can be further reduced, but it shall not exceed three percentage points.

If the green area is reduced due to the reduction of green rate index, the construction unit shall make up for it nearby; Can not be built, by the city, county (city), Shang Jie District urban landscaping administrative departments unified construction, the cost borne by the construction unit.

Thirteenth residential areas other than road protection green space and park green space are built on urban state-owned land, and the construction land is supplied by the people's governments of cities, counties (cities) and Shang Jie District through allocation.

Fourteenth green space construction responsibility is determined in accordance with the following provisions:

(a) the road green space and park green space outside the residential area shall be the responsibility of the administrative department of city and county (city) and district urban landscaping;

(two) the protection of green space and production green space shall be the responsibility of the city, county (city), district urban landscaping administrative departments or relevant units;

(three) the attached green space of residential areas (except road green space) and park green space are responsible for the development and construction units;

(four) the green space within the management scope of railways, rivers, lakes and reservoirs shall be responsible by the relevant competent departments.

If the responsibility for green space construction other than that specified in the preceding paragraph is not clear, it shall be determined by the municipal, county (city) and district people's governments according to the actual situation and in accordance with the principle of being conducive to construction and easy to maintain and manage.

Fifteenth government-invested urban landscaping projects shall be designed, supervised and constructed by law.

The design, supervision and construction of urban landscaping projects shall be undertaken by units with corresponding qualifications.

Sixteenth city, county (city), Shang Jie District urban landscaping administrative departments shall supervise the quality of urban landscaping projects in accordance with the relevant provisions of the state, province and city.

Seventeenth affiliated greening projects of construction projects should be designed, constructed and accepted at the same time as the main project.

The construction project shall include the affiliated greening expenses in the investment budget.

The design scheme of the affiliated greening project of the construction project shall be examined and approved in accordance with the basic construction procedures, and the administrative departments of city, county (city) and district urban landscaping shall participate in the examination; The design scheme of park green space, protective green space, road greening and other greening projects shall solicit the opinions of the administrative department of urban landscaping in the city, county (city) and Shang Jie District.

Article 18 After the completion of the urban landscaping project invested by the government, the administrative department in charge of urban landscaping shall organize the acceptance according to the management authority, and it can only be put into use after passing the acceptance.

Nineteenth development and construction units shall, within fifteen days from the date of completion and acceptance of the greening project in residential areas, file with the administrative department of urban landscaping in the city, county (city) and Shang Jie District.

The area and location of green space in residential areas should be clearly stipulated in the housing sales contract. Development and construction units shall make green space planning signs and make permanent publicity in a prominent position in residential areas.

It is forbidden to build buildings and structures on the green space in residential areas.

Twentieth green underground space development and utilization shall comply with the relevant national construction norms, and shall not affect the normal growth of trees and the use function of green space. City, county (city), Shang Jie District urban and rural planning administrative departments in accordance with the law to handle the relevant planning permission procedures, should seek the views of the administrative department of urban landscaping at the same level.

Twenty-first actively promote roof greening, vertical greening and other forms of three-dimensional greening. Government agencies, institutions and public service facilities such as culture, sports and education are suitable for roof greening, and roof greening should be implemented.

Twenty-second parks, green squares along the street, and both sides of the main roads of the city, except for special safety needs, should be open to the public.

Twenty-third street trees should choose trees with long life, strong resistance and good shading effect.

It is recommended to plant more than two rows of street trees on one side of the road.

Twenty-fourth city planning and construction should reasonably arrange the location and direction of the above-ground and underground pipelines. Above-ground pipelines shall not affect the integrity and growth of trees, and underground pipelines shall keep a distance from trees and other greening facilities in accordance with relevant specifications, and take protective measures when necessary.

New pipelines and new trees should obey the planning, and be settled through consultation based on the principle of building before planting and building before building.

Chapter III Protection and Management

Twenty-fifth green plants and facilities management, in accordance with the principle of combining professional management with social maintenance, the implementation of the responsibility system, to ensure that plants are strong and facilities are in good condition.

Twenty-sixth green space and trees outside the green space are determined in accordance with the following provisions:

(a) outside the residential area of park green space, protective green space, road green space and street trees, by the city, county (city), district urban landscaping administrative departments or departments designated by the people's government at the same level;

(two) the green space attached to the unit and the protective green space within the boundary of the unit, and the trees and units are responsible for it;

(three) residential green space, property management has been implemented, by the owners or their entrusted property services companies responsible; Without the implementation of property management, the township (town) people's government and the street office are responsible, and the county (city) and district finance give appropriate subsidies;

(four) street units, residential areas and shops are responsible for the maintenance of self-built greening in front of their doors.

If the responsibility for the maintenance of green space and trees other than those specified in the preceding paragraph is unclear or controversial, it shall be determined by the administrative department of city, county (city) and district urban landscaping.

Twenty-seventh it is forbidden to change the nature and use of the planned green space without authorization. If it is really necessary to change the planning due to special reasons such as urban construction, the administrative department of urban and rural planning shall obtain the consent of the administrative department of urban landscaping, and report to the original examination and approval authority for approval according to the planning examination and approval authority.

Twenty-eighth it is forbidden to change the nature and use of park green space. Change the nature and use of other green space, by the city, county (city), Shang Jie District urban and rural planning administrative departments in conjunction with the urban landscaping administrative departments to put forward opinions, reported to the people's government at the same level for approval, and in the vicinity of the construction of not less than the same area, not less than the same standard green space; If it cannot be built nearby, it shall be built according to the method of ex situ greening.

Twenty-ninth temporary occupation of green space due to construction and other reasons shall be approved by the city and county (city) and the administrative department of urban landscaping in Shangjie District. Temporary occupation of flower beds, hedges and lawns along the street shall pay compensation for temporary occupation of green space.

Temporary occupation period shall not exceed one year. When the occupation period expires, the occupying unit shall resume within the prescribed time limit; If losses are caused, compensation shall be made.

Thirtieth in the park green space around the designated area of new buildings, structures, city, county (city), Shang Jie District urban and rural planning administrative departments in accordance with the law before handling the relevant planning permission procedures, shall solicit the opinions of the administrative department of urban landscaping.

Thirty-first outdoor advertising shall not affect the normal growth of green plants, and shall not block the urban landscape.

Article 32 The following acts are prohibited:

(a) stealing, trampling and damaging trees and flowers;

(2) Borrowing trees as supports or fixtures and hanging billboards on trees;

(three) dumping garbage or harmful substances, piling up sundries, taking soil and burning in trees and green spaces;

(four) to set up advertisements, build buildings and structures in the green space without authorization;

(five) unauthorized removal of hedges, flower beds and lawns;

(six) to set up stalls and park vehicles in the green space without authorization;

(seven) to set up business facilities and projects in the park green space outside the residential area without authorization;

(eight) pollution, damage to architectural sketches and entertainment, rest, watering, lighting and other facilities;

(nine) other acts that damage the landscaping and its facilities.

Thirty-third focus on the protection of landscape roads, and it is forbidden to open channels in the road green space in violation of the plan. If the width of road protection green space or belt park is more than 20 meters, the outer side should plan and build auxiliary roads.

Thirty-fourth green plants hinder public transportation, landscaping management units should be timely treatment.

If it is necessary to prune street trees due to the influence on the safety of electric power and communication lines, engineering construction or other non-maintenance reasons, the city, county (city) and district urban landscaping administrative departments shall approve and organize pruning.

Thirty-fifth strengthen the prevention and control of plant diseases and insect pests, popularize biological control technology, and establish a system for forecasting and controlling insect situation, illness and epidemic situation.

Strict implementation of seedling and seed quarantine system. Imported seeds and seedlings shall be quarantined by the plant quarantine department according to regulations, and shall not be introduced or planted without quarantine or unqualified quarantine.

Thirty-sixth of the ancient and famous trees in accordance with the relevant provisions of the implementation of key protection, it is strictly prohibited to cut and transplant, to prevent man-made and natural damage. Ancient and famous trees are maintained by their units or individuals, and the administrative departments of city, county (city) and district urban landscaping shall strengthen supervision and technical guidance, formulate maintenance methods and technical measures, establish archives and set up signs.

Thirty-seventh the following trees are not included in the ancient and famous trees, and shall not be cut down or transplanted except for natural death, renewal or due to the needs of major construction projects:

(1) Paulownia has a DBH of more than 40 cm or a tree age of more than 50 years;

(2) Paulownia, Indus, Poplar and DBH are more than 60 cm;

(3) The DBH of evergreen trees is more than 30cm;

(4) Other tree species with DBH exceeding 50 cm.

Thirty-eighth street trees should be covered with water and air around the trunk.

Pruning, transplanting and cutting down street trees shall be carried out by professional landscaping maintenance units. Street trees are short of plants, and should be replanted in time according to garden plant planting norms.

Thirty-ninth trees shall not be cut down or transplanted without approval.

Those who have been approved to cut down or transplant other people's trees shall be compensated according to regulations.

When cutting down transplanted trees, adhere to the principle of not transplanting those that can be pruned, not cutting down those that can be transplanted, and transplanting them nearby.

Article 40 An application for felling and transplanting trees shall meet one of the following conditions:

(a) necessary for the construction project;

(two) serious diseases and insect pests can not be saved or die naturally;

(3) Endangering the safety of persons, buildings or other facilities;

(4) Obstructing traffic;

(five) the tree age has reached the renewal period;

(six) the density is too large, which requires thinning and shifting;

(seven) the necessary transformation of greening facilities;

(eight) other reasons need.

Article 41 The examination and approval authority for felling and transplanting trees shall be implemented in accordance with the following provisions:

(a) in the city park green space (excluding parks and residential green space), protective green space and public roads, approved by the municipal administrative department of urban landscaping;

(two) in urban units, residential areas, by the district urban landscaping administrative departments for examination and approval, reported to the municipal urban landscaping administrative departments for examination and approval;

(three) in the county (city) and Shangjie District, the county (city) and Shang Jie District urban landscaping administrative departments for examination and approval;

(four) the transplantation of ancient and famous trees shall be carried out in accordance with the relevant provisions of the state.

Forty-second applications for felling, transplanting trees and temporary occupation of green space, the examination and approval department shall complete the examination and approval within fifteen days from the date of accepting the application. Approved felling, transplanting trees and temporary occupation of green space, issuing permits.

If it is necessary to cut and prune trees due to emergency situations such as emergency rescue, disaster relief and unexpected accidents, you can cut and prune trees first, and report to the administrative department of urban landscaping in the city, county (city) and Shang Jie District. Within ten days after the danger is eliminated, the cutting and pruning unit shall go through the formalities with the administrative department of urban landscaping in the city and county (city) and Shangjie District.

Forty-third approved trees should be replanted in accordance with relevant regulations.

The DBH of replanting trees shall not be less than 5 cm, and the survival shall be guaranteed.

Due to the limitation of objective conditions, it is impossible to replant or replant is not up to the specified standard, and the cost of replanting trees shall be paid, and the administrative department of urban landscaping in the city, county (city) and Shang Jie District shall be responsible for replanting.

Chapter IV Legal Liability

Forty-fourth one of the following acts, by the city, county (city), Shang Jie city landscaping administrative departments shall be ordered to stop the infringement, and impose a fine in accordance with the following provisions; If losses are caused, it shall be liable for compensation:

(a) unauthorized occupation of green space or change the use of green space, shall be ordered to make corrections within a time limit, and impose a fine of not less than one thousand yuan but not more than five thousand yuan per square meter;

(two) unauthorized removal of hedges, flower beds, lawns, shall be ordered to restore within a time limit, and impose a fine of more than 1000 yuan per square meter;

(three) after the expiration of the temporary occupation of green space, the green space is not restored within the prescribed time limit, and a fine of more than 100 yuan per square meter per day shall be imposed from the date of overdue;

(four) unauthorized pruning of street trees, punishable by a fine of five hundred yuan and one thousand yuan per plant;

(five) damage, cut down or transplant old and famous trees without authorization, and impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan per plant;

(six) unauthorized felling and transplanting of street trees and trees specified in article thirty-seventh, and impose a fine of 5000 yuan to 20000 yuan per plant; Unauthorized felling, transplantation of other trees and damage to street trees, punishable by a fine of one thousand yuan to five thousand yuan per plant.

Article 45 Where a newly built or rebuilt residential area or courtyard construction project violates the provisions of the first paragraph of Article 11 and Article 12 of these regulations, the administrative department in charge of urban landscaping in the city, county (city) and Shang Jie District shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan per square meter 1 10,000 yuan.

Forty-sixth the construction unit fails to publicize the green space planning as required, and the administrative department of urban landscaping in the city, county (city) and Shang Jie District shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 5000 yuan shall be imposed.

Forty-seventh one of the following acts, the city, county (city), Shang Jie District urban landscaping administrative departments shall be ordered to make corrections, and impose a fine in accordance with the following provisions; If losses are caused, it shall be liable for compensation:

(a) in violation of the provisions of Item (1), Item (2), Item (3), Item (6), Item (8) and Item (9) of Article 32 of this Ordinance, a fine ranging from 50 yuan to 500 yuan may be imposed;

(two) in violation of the provisions of article thirty-second (seven) of this Ordinance, the city, county (city), Shang Jie district urban landscaping administrative departments shall be ordered to dismantle, and impose a fine of more than one thousand yuan and five thousand yuan each;

(three) in violation of the provisions of article thirty-first, article thirty-second (four), punishable by a fine of five thousand yuan and ten thousand yuan.

Article 48 If the responsible unit for green space conservation fails to perform the maintenance responsibility or causes serious damage to the green space, the city, county (city) and Shang Jie District urban landscaping administrative department shall order it to make corrections, and impose a fine of more than 50 yuan 100 yuan per square meter according to the damaged green space area.

Article 49 If the design, supervision or construction unit of urban landscaping works is unqualified or beyond the qualification to undertake the design, supervision and construction business of landscaping works, the municipal or county (city) and Shang Jie District urban landscaping administrative department shall order it to stop the design, supervision or construction, make a correction within a time limit and impose a fine of more than 2,000 yuan but less than 10,000 yuan.

Fiftieth city landscaping administrative departments, urban and rural planning administrative departments and other relevant administrative 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; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) to change the nature and use of the planned green space or other green spaces without authorization;

(two) unauthorized reduction of green rate index and approval of construction projects related procedures;

(three) unauthorized adjustment of the city green line;

(four) the illegal implementation of administrative licensing;

(five) the illegal implementation of administrative punishment;

(six) illegal collection or unauthorized misappropriation of ex situ greening construction costs;

(seven) other breach of privilege, dereliction of duty, favoritism.

Chapter V Supplementary Provisions

Article 51 The term "green space" as mentioned in these Regulations includes park green space, protective green space, attached green space of units and other green spaces.

The term "green line" as mentioned in these Regulations refers to the control line of various urban green spaces.

The ancient and famous trees mentioned in these Regulations refer to trees that are over 100 years old and are precious, rare or have historical, scientific and cultural values and important commemorative significance.

Article 52 These Regulations shall come into force on 20 12, 10 and 1 day. 1Adopted at the 6th meeting of the Standing Committee of the Ninth Zhengzhou Municipal People's Congress on February 20th, 989,1Regulations on the Administration of Urban Landscaping Construction in Zhengzhou approved at the 14th meeting of the Standing Committee of the Seventh Henan Provincial People's Congress on February 7th, 990. 1996 65438+The 27th meeting of the Standing Committee of the Tenth Zhengzhou Municipal People's Congress on February 20th and the 25th meeting of the Standing Committee of the Eighth Henan Provincial People's Congress on April 4th 1997 approved the decision of Zhengzhou Municipal People's Congress on amending the Regulations on the Administration of Urban Landscaping Construction in Zhengzhou. Decision of the Standing Committee of Zhengzhou Municipal People's Congress on Amending the Regulations on the Administration of Urban Landscaping Construction in Zhengzhou City was adopted at the 12th meeting of the Standing Committee of the 11th Zhengzhou Municipal People's Congress on June 23, 2000 and approved at the 18th meeting of the Standing Committee of the 9th Henan Provincial People's Congress on September 27, 2000 and adopted at the 10th meeting of the Standing Committee of the 12th Zhengzhou Municipal People's Congress on April 28, 2005. On September 30, 2005, the 19th meeting of the Standing Committee of the Tenth People's Congress of Henan Province approved the Decision of the Standing Committee of Zhengzhou Municipal People's Congress on Amending the Regulations on the Administration of Urban Landscaping Construction in Zhengzhou, which shall be abolished at the same time.