Protection of historical and cultural city of Taiyuan approach
(15th of November 12, 2009, Taiyuan municipal executive meeting November 13, 2009 72nd in Taiyuan City people's Government promulgated as of December 16, 2009) Chapter I General provisions
First in order to strengthen the protection and management of historical and cultural city of Taiyuan, inherit and carry forward the outstanding historical and cultural heritage, in accordance with the People's Republic of China town and country planning Act, the People's Republic of China Law on cultural relics protection and the preservation of famous historical and cultural city town village Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
Article in Taiyuan urban area within the scope of protection of historical and cultural city planning, construction, management and other activities shall abide by these measures. Article III the protection of historic and cultural cities, Taiyuan, scientific plan, strict protection and rescue first, rational principles.
Proper handling of historical and cultural city protection and the relationship between urban construction and economic and social development.
Fourth municipal, district, Township people's Governments should strengthen the protection of historical and cultural city leaders, into historical and cultural relics protection plan for national economic and social development, and protection requirements included in the present budget increase every year.
Fifth of municipal people's Government established Commission on protection of historical and cultural cities, their main responsibilities:
(A) guide the protection of historical and cultural city;
(B) consideration of the major issues for protection of historical and cultural city;
(C) coordination of matters related to protection of historical and cultural city.
Protection of historical and cultural City Commission Office was set up Office in the City Planning Department, in charge of its day-to-day affairs.
Sixth of municipal planning departments together with the municipal departments in charge of cultural relics of historical and cultural city protection, monitoring and management.
Development of reform and construction, land, real estate, services, finance, gardens, water supply, culture, radio, travel, religion, the home, and other relevant departments, in accordance with their respective responsibilities to protect historical and cultural city.
Article seventh all units and individuals have the obligation to protect historical and cultural city, and to develop and implement recommendations for conservation planning, to discourage the destruction of historic and cultural cities, impeach and accuse.
Eighth Government should make outstanding achievements for the protection of historical and cultural city of units and individuals, recognition awards.
Chapter II protection of contents
The protection of historic and cultural cities including Taiyuan, Nineth: Tainan overall pattern, historic districts, historic conservation areas, historical buildings, as well as other historical and cultural cities should be protected by law.
Tenth city to protect include: rivers, lakes and river systems, traditional street patterns, building height, urban landscape line, color, and so on.
Tainan conservation should be different for different regions. 11th cultural blocks include: South China historical cultural neighborhoods, historic districts, Ming Dong three Taiyuan County Historical and cultural blocks, mine machine Soviet-style residential historic house historic districts and other Soviet experts, too.
According to the principle of the protection of historical and cultural blocks, should maintain its historical authenticity remains, traditional style and integrity and the lives of historic continuity.
12th historical cultural conservation area including: Temple-Wenying historical and cultural historical cultural features, overseers-Bell Street, yingze Street historical and cultural area, West water system of historical cultural conservation area east gate, small street in historic conservation area.
13th historic buildings include: the ancient temple, the City Government North and South of the county seat of Taiyuan office building, former Bank of jinsui railway building, yingze Hotel West building, Palace, main building of Shanxi University, Taiyuan train station, too heavy metal II metalworking factories, heavy Soviet expert residential building construction (structure).
Chapter III protection plan
14th of municipal planning departments in charge of cultural relics departments should be based on relevant protection of historical and cultural city planning requirements, historical and cultural city protection plan prepared by the municipal people's Government submitted to the provincial people's Government promulgated for implementation after.
Protection plan before submitting for approval, should consult widely with the public and expert opinion.
Other types of special plans shall meet the protection of historical and cultural city planning and detailed planning.
15th historic cultural city protection plan approved by the law after the release, without authorization, no unit or individual is allowed to modify because of the public interest needs to be adjusted, should solicit public opinions, and organized demonstration, promulgated after the original approval authority.
16th historic cultural city protection plan shall meet the following requirements:
(A) links up with the plan for national economic and social development;
(B) focus on the protection of the traditional pattern, historic and spatial scales;
(C) strict control of building height, size, color and style;
(D) meet the needs of urban residents living and working environment. 17th article within the scope of the protection of historical and cultural cities are not in line with the historical and cultural city protection plan and detailed planning of buildings (structures) buildings and other facilities shall be in accordance with the planning requirements of reconstruction.
Cannot change, relocation or removal in accordance with law. Not included in the protection of historical and cultural city planning, but can reflect the characteristics of the historical and cultural city building (structures), the natural landscape and cultural landscape, and by the Department of city planning in conjunction with the relevant departments to carry out the investigation.
To qualify, reported to the municipal people's Government for approval, into the scope of planning control and to the public.
Fourth chapter measures of protection 18th construction units and individuals in the context of conservation planning in construction shall meet the requirements of detailed construction plans, shall obtain approval from the City Planning Department.
Without approval, the permission to start the construction. Design units should be in accordance with the planning requirements of the design, must not violate the requirements to provide the construction drawings.
City planning departments to protection within the planning of construction projects for approval, should seek advice of competent authorities and experts of cultural relics, shall not violate the protection plan require projects to be approved.
Article 19th protected the value of the building shall not be removed, reconstruction and expansion.
Project site should be avoided with protective value of buildings and cultural landscapes, ancient and famous trees; due to public interest cannot be avoided, should the implementation of in-situ protection as possible.
Implementation of in-situ protection, the construction unit shall determine in advance the protection measures, the approval and protection measures included in the feasibility study report or proposal.
Unable to implement protection and must be moved offsite protection or removal of the site, the construction unit shall provide a feasibility report, migration to the new site, as well as other related information, by the Department of city planning, in conjunction with relevant departments to review, submitted to the municipal people's Government.
Dismantling state-owned buildings has the protection class value to the collection of murals, sculptures and architectural elements, such as artifacts, by departments of cultural relics collection of the specified collection.
20th in the historic building, classification protection shall, in accordance with the following provisions:
(A) immovable cultural relics, according to the cultural relics protection laws and regulations for protection;
(B) have protective value of buildings, protected in accordance with this regulation;
(C) other buildings, according to the protection plan calls for protection of historical and cultural districts.
21st be added within the scope of protection of famous historical and cultural cities of historic buildings, there are security risks should be maintained and remove danger of flood control.
Historic buildings within the household, because of Government planning, relocation, funded by the Government to move out and make appropriate arrangements.
22nd of municipal planning departments shall, jointly with the departments of cultural relics of historical and cultural blocks and census of the historical buildings of conservation value, the formulation of plans, establishment of protected files, released to public, tone monitoring.
Urban planning departments should be listed with the regional units or individuals signed a management agreement, while management agreement a copy to local street and township (town), supervision and management.
23rd of municipal people's Governments shall set forth the historic and conservation value of buildings, setting protection flags from the day of its promulgation.
No unit or individual may alter, damage, illegal movements, removal of protective emblems. Article 24th for the protection of buildings, owners, managers, and use shall be in accordance with the relevant conservation planning and repairing standard use, management, maintenance and repairs.
Repair standards by the municipal housing departments of city planning, cultural relics departments. Protection of the building by the owner is responsible for the maintenance and repair.
Otherwise agreed by the owners, managers, and users, their agreement shall prevail.
All of us do not have the ability to repair, all agree that district people's Government of protecting buildings can decide to pay cash or property rights exchange offer.
25th before the protection of building repairs, should be in accordance with the planning information on renovation design, by the Department of city planning in conjunction with the relevant departments for approval.
No unit or individual may unlawfully reconstruction, extension, maintenance or demolition of protected buildings.
26th no units and individuals are not allowed to change the protective value of traditional streets, regional history, such as name does need renaming, it shall apply to departments of city place names and in consultation with planning, departments in charge of cultural relics.
27th no unit or individual is allowed to set at the historical building of outdoor advertising, storage of flammable and explosive goods, installation of security facilities.
The fifth chapter conservation and utilization
28th in the context of protection of historical and cultural cities, should be systematically restored to reflect the history and local characteristics, monumental buildings and facilities, and take advantage of typical buildings, traditional house museums, cultural centers and other public cultural venues.
29th on the following important historic site Memorial protection flag is set:
(A) major historical events, celebrities or important sites of activity;
(B) has an important influence on the history of administrative, military, educational institutions or other organizations an important place;
(C) the important archaeological excavations or discoveries place;
(D) the historical formation of the famous street.
These historical sites of great value should be reinstated.
Article 30th in historic districts, historic and cultural areas, building regional and encourage all sectors of society, organizations and individuals at home and abroad, investments, donations, providing technical services, such as a variety of ways to participate in historical and cultural city protection and reasonable utilization.
On the premise of preservation of historic features, dining, art, entertainment, travel and other project development and utilization.
31st of municipal culture, radio, business, home and other competent authorities, should be on the city of historical events, places, stories, poems and songs, Opera, traditional crafts, food culture and folk cultural heritage, to collect, classify, study and use.
Article 32nd encouraged Taiyuan customs characteristic of all types of traditional cultural activities.
Chapter Sixth penalty
Article 33rd in the context of protection of historical and cultural cities, State organs and their staff with protective responsibilities according to law, in violation of these rules, any of the following circumstances, by the superior administrative body or supervisory organ shall investigate its administrative responsibilities constitutes a crime, criminal liability shall be investigated for their:
(A) unauthorized changes of historic cultural city protection plan;
(B) an adjustment range of historical and cultural blocks;
(C) violation of the requirements for approval.
34th article violates these rules, requirements in violation of planning design construction units to provide design drawings, rectification by the planning authority, to a contract design for more than 1 time fined not more than twice, to a maximum fine of not more than 30,000 yuan. 35th article violates these rules, altered, damaged, illegal moves, remove the protection plate, a rectification by the planning authority.
Fails, the unit fines of between 10,000 yuan and 30,000 yuan for individuals of less than 1000 Yuan and 10,000 yuan fine. 36th article violates these rules, unauthorized alteration, addition, maintenance or demolition of protected buildings, by the planning authorities a rectification, restored to its original condition or take other remedial measures.
Serious consequences, in accordance with the regulations on protection of historical and cultural cities towns villages penalties. 37th article violates these rules, set at the historical building of outdoor advertising, store inflammable and explosive materials, installation of affecting the security of its facilities, a rectification by the planning authority.
Causing serious consequences, the unit fines of between 10,000 yuan and 30,000 yuan; for individuals of less than 1000 Yuan and 10,000 yuan fine. 38th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
If no application for administrative reconsideration, bring a suit, nor performs the decision, made by executive authorities of the decision on administrative penalty apply to a people's Court for compulsory execution.
The seventh chapter by-laws
39th article this way, Fu cheng refers to: road to the East, and West to new road, South to the yingze Street, North to the North Street area.
Historical and cultural blocks are released by the provincial people's Government to preserve heritage particularly rich, historical building into a film set, are more complete and truly reflected the traditional patterns and regional historical style and has a certain scale.
Historical and cultural district is a historical building or traditional architecture are more concentrated, and the lot in different historical stages of development of the city has maintained a special cultural connotation or at some stage of the development of the city's unique urban landscape area.
Published by the historical architecture is determined by the municipal people's Government have some protective value, to reflect the history and local characteristics, not listed as cultural relics protection units, buildings and structures that are not registered as unmovable cultural relics.
40th within the scope of the protection of historical and cultural cities, involving cultural relics, ruins of ancient city of jinyang, protection of ancient and famous trees, otherwise provided by laws and regulations, from its provisions. 41st these measures shall come into force on December 16, 2009.