Hangzhou Urban Green Management Regulations Implement Rules

Original Language Title: 杭州市城市绿化管理条例实施细则

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387217.shtml

Hangzhou urban green management regulations implement rules

    (7th December 10, 2012, Hangzhou City people's Government Executive meeting January 28, 2013, Hangzhou City people's Government order No. 272, published since March 1, 2013) first according to the Hangzhou urban green Management Ordinance (hereinafter referred to as the urban greening Ordinance) provides that the rules are formulated.

    Article II scope these rules apply to the city.

    Article City urban greening, urban greening, administrative departments in charge of the management of district offices of the urban greening, green, Administrative Department in accordance with the regulations and the provisions of these rules, is responsible for the area of urban green management.

    City, urban greening, urban green management entrusted by the Administrative Department, in charge of urban green maintenance and green construction tendering and bidding management; urban greening engineering quality and safety supervision agency urban greening entrusted by the Administrative Department, in charge of urban greening engineering quality and safety supervision and management.

    Article fourth recognized units and individuals through afforestation, building adopt trees green, involved in management, green promotion, do it and other forms of performance of obligations to plant trees. District offices of the urban greening administrative departments should organize under their jurisdiction within the subdistrict office and township (town) people's Government establish voluntary tree-planting card system, approved and recorded units and individuals involved in voluntary tree-planting.

    Voluntary tree-planting card uniformly printed by the municipal greening Committee Office of the urban greening.

    Article fifth residential area the per capita public green area shall comply with the following requirements:

    (A) the level of not less than 1.5 square metres of residential district;

    (B) community-level is not lower than 1 m;

    (C) the group level is not less than 0.5 square meters.

    Belonging to the transformation of the old city, urban residential area the per capita public green area shall comply with the following requirements:

    (A) the residential levels not less than 1.05 m;

    (B) community level not less than 0.7 square metres;

    (C) the group level is not lower than 0.35 square meters.

    Sixth subsidiary green area for construction projects proportion of total land area for construction projects shall conform to national, provincial and municipal regulations.

    New article because of shortage of land for construction projects and other special reasons, the accessory greenbelt area below the national, provincial and municipal regulations, after seeking, green after comments by the Administrative Department of the city, nearby in the same class of land easy building green with the accessory Greenbelt gap size, construction cannot be easy, he shall pay the compensation fees for urban greening.

    Article eighth subsidiary of greening engineering design for construction projects shall include the accessory Greenbelt plan and Mark Green's size and location.

    Subsidiary of green construction projects completed project should be synchronized with the main part of the project. Nineth subsidiary after completion of the greening of the construction project by the municipal greening administration authorities to confirm the accessory greenbelt area. Subsidiary Green confirmed to comply with the requirements of the implementing regulations, urban greening Administrative Department shall issue a confirmation document.

    Subsidiary green area confirm the measures shall be formulated by the competent administrative Department for urban greening.

    Tenth Article other than residential construction projects according to the requirements of the implementation of green roofs, green roof area can be calculated according to the following proportions for the subject area:

    (A) of overburden thickness above 1.5 meters, press 100% to calculate the green area;

    (B) overburden thickness more than 1 meter of less than 1.5 meters, press 80% to calculate the green area;

    (C) less than 1 m of overburden thickness of 0.5 m above, press 50% to calculate the green area;

    (D) overburden thickness of 0.3 meters above the less than 0.5 meters, according to 30% to calculate the green area;

    (E) soil thickness is less than 0.3 metres above 0.1 m, calculated at 10% green area;

    (Vi) overburden thickness of less than 0.1 meters, not counting the green area.

    11th construction projects underground facility as required on the top green, supplementary green area in accordance with the following provisions:

    (A) lower than the outdoor flooring 1 m above the roof of underground facilities, and covering thickness of 1.5 meters above, press 100% to calculate the green area;

    (B) lower than the outdoor flooring 1 m above the roof of underground facilities, and covering thickness more than 1 meter of less than 1.5 m, calculated at 80% green area;

    (C) lower than the outdoor terrace of the roof is less than 1 m of underground facilities, calculated in accordance with the provisions of rule tenth green area.

    12th in addition to residential construction projects, as required under construction (structure) implementation of vertical greening wall surface, growing Groove width 0.5 m and covering thickness of 0.5 meters, the length calculation needed to grow the green area, can be calculated in accordance with 20% of the accessory greenbelt area.

    13th green roofs, vertical greening in accordance with rational allocation of overburden thickness, width, plant its green space, ecological benefits of play.

    Construction project implementation of green roofs, vertical according to the rules for the implementation of article tenth and 11th (c) calculate the total green area, 12th article, shall not exceed the approval for construction projects to determine the 20% of the accessory greenbelt area.

    Article 14th construction unit at the time of construction engineering projects should be to record construction administrative departments providing subsidiary issued by the competent administrative Department for urban greening greening projects confirm the file; cannot be provided, construction administrative departments no acceptance record.

    15th urban road and the railway, planning of green space along the River, is responsible for the land on both sides of the green line early development levy together, storage units, build; to allocate supply of land on both sides of the green line, the unit is responsible for greening project within the green line.

    The green space of the building in accordance with the provisions of the preceding paragraph, excluding construction subsidiary of green areas on both sides of the green line.

    16th in construction of underground facilities within the green area of the city, underground facilities should be lower than the outdoor terrace of the roof more than 1.5 meters, and the thickness of the upper soil layer shall be not less than 1.5 metres, and shall comply with the relevant technical specifications.

    17th the following using Government funds construction of greening project, their design, construction, supervision and green conservation, tenders shall be:

    (A) the area more than 10,000 square meters or greening engineering design of the estimated contract price of 100,000 Yuan or more;

    (B) the estimated contract price 50,000 yuan of green construction;

    (C) the estimated contract price more than 500,000 green project management

    (D) the principal professional maintenance unit maintenance and annual maintenance of more than 50,000 yuan for green conservation.

    18th use government funds conservation of urban green space, urban greening administrative departments shall prior to tendering the tendering maintenance green areas, areas were approved.

    19th of municipal administrative departments should develop urban greening of urban greening construction and maintenance market management methods, improve urban landscaping, conservation of business credit information management system.

    Urban greening projects using Government funds the tenderer can be employed unit's credit status as one of the bidder's qualification standard.

    20th of municipal administrative departments to the city for urban greening landscape design, construction, supervision, conservation, greening in China organize on-the-job training and continuing education. Article 21st parks and use government funds after completion of the other green building should be submitted to the municipal administrative departments for urban greening.

    When filed, the construction unit shall be made out of the urban greening project completion acceptance application form, and submit the following information:

    (A) construction greening project completion report;

    (B) construction greening project completion report;

    (C) design (reconnaissance) units of greening engineering quality inspection reports;

    (D) the greening engineering quality supervision unit assessment reports;

    (E) the greening project files information;

    (F) the completion of other related information.

    Urban greening engineering quality and safety oversight bodies should be completed within 5 working days from the date of acceptance, and to submit to the competent administrative Department for urban greening greening engineering quality and safety supervision report.

    22nd are received by the competent administrative Department for urban greening construction unit after filing should be reviewed in the 15th, and take a decision in accordance with the following provisions:

    (A) meet the acceptance criteria and complete information, and to record and issue of the urban greening project completion acceptance application form;

    (B) the acceptance conditions are not met or if information is not complete, not for the record.

    Article 23rd parks and the use of Government funds construction of other green engineering completion approval after filing, the construction unit shall within 3 months before the expiry of the agreed period of construction and maintenance units for processing of maintenance and management procedures for the transfer of green space.

    Unit transfer of green space, project documents are complete and comply with the Greenland technical specification, after the expiry of the period of construction and maintenance, maintenance management units shall be received.

    Article 24th cut down many trees, migrating, diameter 20 cm, cut down trees at a time more than 30 plants, trees more than 50 strains of migration, and trim of the ancient tree and famous tree, it should be to the local administrative department in charge of urban greening application from the Administrative Department of urban greening, urban greening, after examining the comments reported decisions by the Administrative Department.

    25th due to construction projects require, temporary occupancy or deforestation, migration, pruning the trees of urban green space, the construction unit shall, before construction made the sign, the main content of the license file on the construction site eye-catching publicity. Article 26th death of ancient and famous trees conservation management units shall promptly report to the Administrative Department of urban greening.

    Urban greening administrative departments to investigate the cause of death, and the findings reported to the competent administrative Department for urban greening.

    27th is prohibited in the context of protection of ancient and famous trees in quarrying, removal of Earth and heaps, dumping of hazardous substances, the use of open flame or flue gas emissions endanger the growth of ancient and famous trees.

    Works within the scope of the protection of ancient and famous trees of construction, the construction unit shall, based on the urban greening protection the protection requirements set by the Administrative Department and managed by the conservation unit and on-site supervision.
28th diameter 50 cm above the protection of trees for tree Centre 7 meter area, dbh trees 30 cm above the scope of protection for trees 5 meters away from Center area.

    In trees is prohibited within the protection zone engaged in quarrying, removal of Earth and, dumping of hazardous substances, the use of open flame or flue gas emissions endanger the growth of trees.

    Construction around the tree protection shall, in accordance with municipal administrative authorities to take protective measures for urban greening.

    29th State-owned construction land in the trees, before the land transfer or assignment of the right, is responsible for development unit is responsible for conservation and management.

    Construction of retaining trees within the project boundaries, during the construction period, the unit is responsible for the conservation and management.

    Article 30th when severe weather such as typhoons, snow, storm, conservation management units should be in accordance with the requirements of disaster emergency for trees to take safety precautions.

    Regulations on urban landscaping of 31st article 19th of the seizure of the article shall pay the compensation fees for urban greening urban green space including land price and green construction.

    Regulations on urban landscaping and tree value provided for in these rules by the competent administrative Department for urban greening in accordance with tree species, specification and calculation method to determine factors such as recent market transaction prices, submitted to the municipal people's Government for approval before implementation.

    Tree value of ancient and famous trees based on the ancient tree and famous tree value, level, age, tree growth and calculation of positions and the actual assessment of maintenance and management, and the specific measures formulated by the competent administrative Department for urban greening, submitted to the municipal people's Government for approval before implementation.

    Article 32nd project occupies 2000 square metres of municipal facilities urban green space, or due to any other reason occupies 500 square metre of urban green space, commissioned by the municipal government, city administrative departments in the implementation of administrative licensing. 33rd article municipal facilities construction project occupied city green of, no longer according to City Green Ordinance 19th article second paragraph of provides paid City Green compensation fee, by City City Green administrative competent sector unified arrangements implementation easily construction; temporary occupied city green of, no longer according to City Green Ordinance 20th article of provides paid City Green compensation fee; needed cut, and migration of trees for financial sex funds funded planting of, units and conservation management units no longer for trees value settlement,

    But should go through the relevant cancellation or transfer procedure.

    19th to 34th, greening, in violation of the Ordinance specified in the first paragraph, unauthorized occupation of urban green space, you cannot recover green spaces intact, shall pay the compensation fees for urban green 3 times times the fine.

    35th 36th of regulations on urban landscaping, 37th, 38th, penalty provided for in article, in accordance with the following provisions:

    (A) without cutting down a single tree, move trees less than 3, or pruning the trees less than 5 lines, trees 1 to twice times the value of fines;

    (B) unauthorized felling of trees less than 3 lines, move trees less than 5, or pruning the trees less than 10 lines, trees twice to 3 times the value of fines;

    (C) unauthorized felling of trees less than 5 lines, moved trees less than 10 lines, or pruning the trees less than 20 lines, trees are 3 to 4 times the value of the fine;

    (D) unauthorized felling of trees more than 5, migration of trees more than 10, or pruning the trees more than 20 strains, trees 4 to 5 times times the value of the fines.

    36th article violation this implementation rules 27th article provides, in ancient tree name wood protection range within engaged in endanger ancient tree name wood growth of behavior, or in engineering construction construction Shi not according to protection requirements implementation protection of, ordered stop violations, deadline corrected, and can sentenced 1000 Yuan above 2000 Yuan following fine; damage ancient tree name wood or caused ancient tree name wood death of, by City Green Ordinance 39th article provides give punishment.

    37th article violates this article 28th of the implementing rules provides that acts against trees in tree protection, shall be ordered to desist from the illegal act and sentenced to between 20 Yuan and 200 Yuan fines; seriously affect tree growth or lead to the death of trees, tree value more than 1 time penalty of 5 times.

    38th article of the rules for the implementation of administrative punishments within their violations in the scenic spot of West Lake in Hangzhou, decided by the competent administrative Department for urban greening and its outside the scope of violations in the scenic spot of West Lake in Hangzhou, managed by the city administrative decisions by law enforcement agencies. 39th these rules come into force on March 1, 2013. Hangzhou municipal people's Government, the 88th, June 27, 1995 in Hangzhou urban green management issued rules for the implementation of the Ordinance repealed simultaneously.