Ningxia Hui Autonomous Region, Town Planning Areas Of Temporary Construction And Temporary Land-Use Planning And Management Methods

Original Language Title: 宁夏回族自治区城镇规划区临时建设和临时用地规划管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264160.shtml

Ningxia Hui autonomous region, town planning areas of temporary construction and temporary land-use planning and management methods

    (July 1, 2010 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 69th review on July 1, 2010, the people's Government of Ningxia Hui Autonomous Region released 23rd come into force on August 1, 2010) first in order to strengthen urban or town planning construction of provisional and temporary land-use planning and management, in accordance with the People's Republic of China provisions of the town and country planning Act, these measures are formulated.

    II temporary building in these measures refers to urban, town planning and the construction of facilities such as buildings or structures used for the time being.

    Temporary sites in these measures, refers to the cities and towns within the area for construction, geological survey, article pile up, business and other activities of temporary occupation of land.

    Article in this State cities and towns within the area of temporary construction and temporary land-use planning and management, application of this approach.

    Fourth of municipal or County (City) urban and Rural Planning Department is responsible for the temporary building and temporary land use, planning and management.

    Land and natural resources, environmental protection, culture, transport and urban management authorities within the scope of their respective duties, urban planning departments to help make temporary construction and temporary land-use planning and management.

    Fifth any unit and individual shall comply with city and town planning, subject to planning and management.

    Sixth article in city planning area, units or individuals in terms of their access to land ownership of the land, construction of temporary, shall apply to the urban and Rural Planning Department in charge of temporary construction, urban planning departments for examination and approval, after obtaining a temporary construction project planning permit, shall be in accordance with the approved requirements for construction.

    Have been achieved in other temporary construction on the land use right of land shall obtain land ownership units or the consent of the competent authorities, and signed a temporary contract, temporary construction application to urban planning departments. Article seventh in temporary use of State reserve land within the planning scheme area of the city, shall apply to the town and country planning department, after obtaining the temporary land use planning permits, and temporary approval for land and resources authority.

    Temporary use of others to obtain ownership of the land, shall obtain land ownership units or the consent of the competent authorities, and signed a temporary contract, to urban and rural planning departments to apply for temporary land use planning permits. Banning permanent approved the temporary use of land buildings, structures, and other facilities.

    Approved the temporary use of land for temporary construction should be in accordance with the provisions of the present article sixth go through examination and approval procedures.

    In town planning in the eighth for temporary construction or temporary sites, an application shall be submitted to the town government, after review by the town government, County (City) Government urban planning departments in accordance with this article sixth and seventh regulations and approval procedures.

    Nineth units or individuals to temporarily occupy city and town public lands not later than 10th, without a temporary planning approval procedures, and subject to compliance with the relevant provisions of the measures should not endanger public safety, or public transportation.

    Article tenth urban planning departments to review the temporary construction and temporary land use applications, one of the following lines shall not be approved:

    (A) affect the daily lives of the residents;

    (B) affect the immediate planning or implementation of regulatory detailed planning;

    (C) the impact on the landscape and the environment;

    (D) take up street town traffic safety of;

    (E) the occupation of green areas, squares and other public lands;

    (Vi) effect of cultural relics and scenic spots protection;

    (VII) tied up in underground pipe network facilities;

    (VIII) fire safety;

    (IX) take up the River, ditch, drainage water projects, such as the protection and facilities;

    (J) the change of land use;

    (11) other eyesores, city, health and safety situations.

    11th urban planning departments should be completed from the date of acceptance of the application in the 20th to review, in line with the provisions of the provisional or temporary use of land for construction, to temporary planning permit for construction project planning permit or a temporary; do not meet requirements shall not be approved, and to state the reason in writing.

    12th urban planning departments when issuing a temporary construction project planning permit should be the use of temporary construction, location, area, structure, form, height, color, age and other requirements when issuing a temporary land use planning permits, should be temporary land uses, location, area, age requirements.

    Provisional planning permit for construction project planning permit and temporary, not as a basis for rights to real estate.

    13th temporary building, temporary land use period normally not more than two years. Due to exceptional circumstances require the extension of the temporary building, temporary use of the term, shall, on the expiry of the period of use before 30th, to approve the temporary construction or temporary sites of urban planning departments to apply for renewal.

    Urban planning departments should be based on applications for temporary construction or whether to approve an extension before the expiry of temporary land decisions.

    Extension of temporary land approved, temporary approval for land and resources authority.

    Approved extension period shall not exceed one year, only granting an extension of time.

    14th as approved by law for temporary construction or temporary land units and individuals shall comply with the following provisions:

    (A) shall not alter the provisional, temporary use of land for construction purposes;

    (B) may not be changed to expand the land area or location;

    (C) not to change the structure of buildings, structures form, height and color;

    (D) shall not sell, mortgage, Exchange, lease, grant provisional or temporary use of land for construction;

    (E) are not allowed to extend the temporary building, temporary land use period.

    15th approved temporary building, temporary land use expiry, use or removal of individuals should be temporary construction, clean up the scene and restored to its original condition.

    Article 16th by city and town planning, you need to recover the temporary building, temporary validity period has not yet expired, the use of units and individuals shall be from the date of receiving notice from the urban planning departments in the 15th, removal of temporary buildings, structures, return the temporary land.

    Use of units or individuals according to the contract, pay the fee for the use or payment of compensation for land, refund the cost of the remaining term by the charging unit.

    17th urban planning departments should strengthen the temporary construction and temporary supervision and inspection, and shall be entitled to take the following measures:

    (A) requiring the relevant units or individuals to provide a temporary building, temporary land-related approval documents;

    (B) site investigation as necessary temporary buildings, structures or temporary use;

    (C) order the relevant units or individuals to stop violations of the urban and rural planning laws and regulations and these rules of behavior. Town and country planning Department staff carrying out the duties of supervision and inspection in the preceding paragraph, shall show the administrative law-enforcement documents.

    Units and personnel being supervised and examined shall cooperate, shall not hinder or obstruct the supervision and inspection.

    18th unit or individual has any of the following circumstances, by the city and County (City) urban planning departments ordered to dismantle, and may be fined not more than temporary construction cost 1 time:

    (A) has not obtained a temporary construction project planning permit for temporary construction;

    (B) is not in accordance with the approved construction of temporary content;

    (C) temporary buildings or structures exceeding the permitted period are not removed.

    Article 19th unit or individual in violation of the rules, without the planning permit for temporary occupation of land, by the town and country planning department ordered corrective action and between 5000 and 1000 Yuan fine; does not apply for temporary land use approval procedures, or expiry of the land refused to return from land administration authorities shall order the return of land, more than 2000 Yuan and fined a maximum of 10000 Yuan.

    20th entity or individual violates the present article 13th (a) (b) (iv) (v) the provision, by the Department of town and country planning be ordered to desist from the illegal act, dismantle buildings, has illegally obtained, confiscate the illegal income, and may be fined a maximum of more than 1000 10000 Yuan, and notify relevant responsible departments and units.

    21st urban planning departments and their staff in the city or town planning temporary building, temporary land-use planning and management in malpractices for personal gain, dereliction of duty and abuse of power, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    22nd temporary construction project planning permit and temporary land use planning permits uniformly printed by the State town and country planning department. 23rd these measures shall come into force on August 1, 2010.