Interim Measures For Urban Planning And Management In Anhui Province

Original Language Title: 安徽省城市规划管理暂行办法

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(30th of December 29, 2005, Anhui provincial executive meeting January 19, 2006, 189th promulgated by the people's Government of Anhui Province as of March 1, 2006) Chapter I General provisions article in order to improve the management level of urban planning, normative acts of urban planning and management, in accordance with the People's Republic of China urban planning law and relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second approach applies to urban planning and management activities in the administrative area of the province.
    Urban planning and management in these measures refers to urban planning, approval, implementation and supervision.
    Article urban planning should be guided by the scientific concept of development, follow the objective laws of urban construction and development, the implementation of law.
    Fourth provincial construction administrative departments of urban planning and management in the administrative area of the province.
    City and County urban planning administrative departments responsible for urban planning and management work within their respective administrative areas.
    Relevant administrative departments of local people's Governments above the county level shall, in accordance with their respective responsibilities, to do work related to urban planning and management.
    The fifth Town Planning Committee, local people's Governments at or above the county level shall be responsible for reviewing the level people's Governments and higher people's Governments for approval of the Town Planning Bill, the location of major construction projects under the people's Governments at the corresponding level programmes as well as other needed review of the Town Planning Bill.
    City Planning Committee consisting of the people's Governments at the corresponding level of the relevant administrative departments, experts and representatives of the public.
    Sixth local people's Governments at or above the county level and their urban planning administrative decentralization of authority shall not violate the provisions of the town planning administrative permissions.
    Seventh local people's Governments at or above the county level and their urban planning administrative departments shall establish a sound urban planning and management system, to promote open, fair and efficient management of urban planning.
    Eighth of municipal and county governments should each year to the level people's Congress or its Standing Committee report on urban planning management.
    City and County urban planning Administration Department shall report annually a higher administrative Department for urban planning under town planning management. Second chapter city planning of prepared Nineth article city planning according to following provides organization prepared: (a) province domain town system planning by Province Government Organization demoted business, across set district of city of town system planning by Province Government construction administrative competent sector organization prepared; (ii) set city city town system planning, and general planning, and recently construction planning by city government organization prepared, partition planning, and control sex detailed planning by City Government city planning administrative competent sector organization prepared; (three) County domain town system planning, and
    County seat town master plan, a recent construction plan formulated by the County, controlled detailed planning by County departments of city planning administration system.
    The tenth compilation of urban planning, shall abide by the relevant laws, regulations, planning principles, regulations, comply with the relevant national standards and technical regulations, methods and technical means and advanced planning.
    11th local people's Governments at or above the county level and their urban planning administrative departments through public bidding, multiple comparison method, and optimize with corresponding qualification units undertake urban planning tasks.
    Prepared by the Town Planning Bill urban planning unit should be signed and stamped by registered urban planner of the unit, and affix the public opinions, expert evaluation report on the opinions adopted, in accordance with statutory procedures for approval.
    12th compilation of urban system planning, city planning, should meet the requirements of level on urban system planning.
    Preparation of construction plan in the near future, the urban district planning should meet the requirements of urban system planning, urban planning, where.
    Preparation of controlled detailed planning, shall conform to the seat of the city master plan, the short-term construction planning, zoning requirements.
    13th city planning, should be in accordance with the relevant provisions of the State, clear plan of mandatory elements.
    Preparation of urban planning, shall delimit the city water system, green space, historic, historic buildings and cultural relics protection units such as the scope of protection of the boundaries.
    14th draft urban system planning, the draft urban master plan preparation is complete, relevant people's Government urban planning Administration Department should be open for public comment on the draft plan, and to report to the responsible for the approval of the Administrative Department for urban planning under the Organization of expert review.
    Immediate plan draft, city zoning draft prepared after the completion of the draft regulatory detailed planning, the city and county administrative departments of city planning should be open for public comment on the draft plan, and report to the higher level people's Government departments of City Planning Administration specialists in the field.
    Immediate planning period should be linked to national economic and social development planning is consistent with the age. 15th no unit or individual may unlawfully adjustments have been approved by city planning.
    Really necessary adjustments, you should summarize the original implementation of the town planning, to the argumentation of the necessity of adjusting, and special reports, newspaper-level people's Governments recognized, before preparing adjustment programmes. Urban planning compulsory content, shall, in accordance with the statutory procedure for examination and approval.
    Non-mandatory elements of the urban planning, urban planning after adjustment should be reported to the original examination and approval organ for the record of urban planning.
    Chapter III approval of urban planning its 16th draft provincial provincial planning system should be submitted to the State Council for approval.
    Provincial construction administrative departments should set the cross-regional urban system planning in the city of provincial people's Government for approval.
    17th city people's Governments of cities shall be suburban town system plan draft, draft urban master plan, after the people's Congress or its Standing Committee for examination and approval, submitted to the provincial people's Government for approval; according to law shall be submitted to the State Council for approval, after approval by the provincial people's Government, submitted to the State Council for examination and approval.
    Provincial construction Administrative Department shall be submitted to the provincial people's Government for approval or review of the Town Planning Bill and related materials, provincial members of the Town Planning Board in time for comments, and drew attention to the provincial organization of the province, the Town Planning Board meeting to review the draft plan.
    18th County urban system planning in the county people's Governments shall draft and county seat of draft master plan for the town, after this people's Congress or its Standing Committee for examination and approval, approval of district municipal and construction Administrative Department and submitted to the provincial people's Government for the record.
    District municipal urban planning should be reported to the competent administrative Department of the people's Governments at the corresponding level for approval draft planning and related materials, the City Planning Committee members for their comments in time and drew attention to the people's Governments at the corresponding level, organized the City Planning Committee meeting to review the draft plan.
    19th city and County Governments reported to the urban system planning draft urban master plan draft, shall attach the following material: (a) acceptance of the public consultation, expert review comments and description; (b) the Town Planning Board to review the same level and (c) the people's Congress or its Standing Committee for review.
    The 20th city or county people's Government after recent construction plans should be reported to city planning examination and approval authority and the Standing Committee of the national people's Congress for the record.
    21st of municipal and county administrative departments of city planning urban district planning should be the draft, draft regulatory detailed planning, the people's Governments at the corresponding level for approval, and attached to the Town Planning Board's review and acceptance of the expert opinion, public opinion and instructions.
    Controlled detailed planning of the city by the people's Governments at the corresponding level for approval, approval of urban planning urban planning administrative departments of people's Governments.
    22nd of municipal and county administrative departments of urban planning from the city plan was approved to date in the 15th, announced to the public the contents of urban planning, law and regulations shall not be disclosed except for the content.
    Urban planning are required by law to record, shall, from the date of approval in the 7th legal organ for the record.
    Article 23rd according to law the establishment of development zones above the provincial level, or to change its plan, shall be attached to provincial construction Administrative Department of town planning review. Adjust the scope of protection of historical and cultural blocks and historical buildings, the municipal and county governments shall submit a special report, submitted to the provincial people's Government for approval. Adjust the national famous historical and cultural cities of historical and cultural blocks in the scope of protection, and construction Administrative Department shall be submitted to the State Council for approval.
    Involved in cultural relics protection units, in accordance with the relevant laws and regulations.
    Article 24th of the fourth chapter of urban planning construction projects in the area of urban planning, local people's Governments at or above the county level shall obtain a city planning issued by the administrative departments of the site of the construction project submissions and planning permit for construction project planning permit of construction land, construction of the contents and in accordance with the license.
    25th local people's Governments at or above the county level administrative departments to provide the construction planning and design of urban planning conditions, review of the planning and design of construction projects, construction project site submissions, planning permit for construction, construction project planning permit shall comply with town planning.
    Local people's Governments at or above the county level administrative department in charge of urban planning technology leaders and agencies in charge of administrative license for urban planning, audit principals should have registered urban planner qualifications; other staff in charge of administrative license for urban planning review, shall meet the provisions of the national and provincial administrative qualifications and job conditions on practice.
    Article 26th historic districts and construction of historic buildings within the scope of protection of the location and layout of the project, should the local city and county administrative departments of city planning experts, public opinion, and submitted to the provincial people's Governments in charge of construction sector review, parties may authorize site submissions involving cultural relics protection units, in accordance with the relevant laws and regulations. Within the scope of protection of historical and cultural blocks in all kinds of construction projects and approval of plans, implementation of the file system.
    Provincial construction projects within the scope of protection of historical and cultural blocks in planning permission, construction administrative departments submitted to the provincial people's Government for the record; national famous historical and cultural city of historical and cultural blocks in approving construction projects within the scope of protection, and construction administrative departments under the State Council for the record.
    27th competent administrative departments of local people's Governments at or above the county level city planning implementation of administrative license for urban planning, should be announced to the public, and take the form of hearing public comment.
    Construction should take at the construction project site publication, publish content of administrative license for urban planning. Site of the construction project of the 28th article submissions are valid for 1 year.
    Need to be extended, shall, before the expiration of 1 month apply to the implementation of administrative licensing organ renewal, extension of time shall not exceed a maximum of 6 months. Construction land use planning permits, construction project planning permit validity period is 1 year.
    Expires is not completed with approval or not working, should apply to the implementation of administrative licensing organ again construction land use planning permits or construction project planning permit.
    29th of municipal and county governments should be based on urban immediate plan to develop annual plans annual plan for urban construction and urban land reserve, city projects and urban land transfer plans.
    30th reform administrative departments of local people's Governments at or above the county level shall development approval, approve construction projects, as well as a review of reported record construction projects, local people's Governments at or above the county level shall, in accordance with the urban planning project selection report issued by the administrative departments.
    Construction projects in the area of urban planning has not obtained the license of construction land use planning, land and resources administrative departments shall not provide land without planning permit of construction engineering and construction Administrative Department may issue construction permits.
    31st of municipal and county administrative departments of land and resources administrative departments of city planning should be based on the controlled detailed planning of the city planning and design conditions and the drawings, as the urban planning area of State-owned land bidding, auction and listing sold one of the conditions. Obtained through bidding, auction and listing transfer of State-owned land, the transferee shall have the right to use State-owned land transfer contract to the local city and county administrative departments of city planning application for planning permit for construction.
    Breach of conditions and planning and design drawings, not be issued by the Administrative Department of urban planning construction land use planning permits, and informed the administration of land and resources authorities to remedy the situation.
    The fifth chapter, supervision and inspection of the 32nd province, district and municipal people's Governments shall establish urban planning supervision system, down-level people's Government sent inspectors of urban planning.
    City people's Government planning inspectors sent from urban planning and management and a unit of professional employment.
    33rd article city planning inspector member on city planning management of following matters for focus Inspector: (a) city planning of prepared, and approval and implementation; (ii) focus construction engineering planning location; (three) history culture city, and history culture blocks, and history building, and heritage protection units and landscape places district of protection; (four) public reflect strongly of about city planning management of other problem.
    Urban planning inspectors shall, in accordance with laws, rules and regulations and after approval of the town planning, the matters prescribed in the preceding paragraph are inspectors, discover and suppression of violations of city planning, and regularly sent a written report on the Administrative Department for urban planning under supervision.
    34th city planning inspectors found violations of city planning, should be posted in a timely manner to the people's Government of its urban planning Administration Department in charge of inspectors and inspectors sent people's Government urban planning administrative departments. Resident administrative departments of people's Governments and their city planning should carefully study an inspector views corrected violations of city planning, process the results and feedback to the planning inspector.
    Resident people's Governments and their departments of urban planning Administration refuses to correct violations of city planning, sending Government urban planning administrative authority shall order the rectification, and making recommendations to people's Government sent inspectors reflect problems for city planning investigation and disposal.
    35th badly affected town planning of illegal construction, by the competent administrative departments of local people's Governments at or above the county level city planning, the City Planning Commission.
    Serious impact on the illegal construction of urban planning, urban planning administrative departments shall be ordered to stop construction, dismantle or confiscation of illegal buildings, structures or other facilities may not be replaced by fines or completing the formalities.
    Article 36th administrative departments of local people's Governments at or above the county level cities planning public enforcement of the following acts shall be, subject to public supervision: (a) request the people's Court for compulsory demolition of illegal buildings, structures or other facilities, (ii) shall confiscate the illegal building, structure or other facility, (iii) for urban planning violations punishable by fines of more than 20,000 yuan.
    37th citizens, legal persons or other organizations for violations of city planning management laws, regulations and rules of the Act has the right to report to the competent administrative departments of local people's Governments at or above the county level city planning.
    Urban planning and urban planning violations reporting system should be established by the Administrative Department, public telephone, mail or e-mail address to receive reports on urban planning violations, 10th in the investigation and handling of the date of receipt of the report, and notify the processing results of an informer. Sixth chapter legal responsibility 38th article on city, and County Government of following violations, by Shang level Government ordered deadline corrected, and according to management permission on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) violation provides prepared, and approval or adjustment city planning of; (ii) violation provides decentralization city planning management permission of; (three) instruction city planning administrative competent sector violation city planning implementation administrative license of; (four) violation city planning management legal, and
    Other acts of legislation and regulations.
    39th article on County above place Government city planning administrative competent sector of following violations, by this level Government or Shang level Government city planning administrative competent sector ordered deadline corrected or law be corrected, and according to management permission on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) violation provides prepared, and approval or adjustment city planning of; (ii) violation legal, and regulations and regulations and the city planning, implementation city planning administrative license of;
    (C) the personnel engaged in administrative license for urban planning of the review do not have national and provincial post practice conditions provided and (iv) for violations of the urban planning violations, failing to investigate (v) violate other laws, rules and regulations on urban planning.
    Violations of the relevant departments of the local people's Governments at or above the county level, by the people's Governments at the corresponding level a rectification, and manage permissions directly in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    40th in violation of paragraph II of this article 27th unit was not at the construction site set up public licensing, publish content of administrative license for urban planning, by the competent administrative departments of local people's Governments at or above the county level city planning a rectification, and may give a warning or a fine of less than 1000 Yuan fine.
    The seventh chapter supplementary articles article 41st local people's Governments at or above the county level in these measures, not including the district, the district people's Government.
    42nd town other than the county seat town of urban planning management in accordance with these measures.
                                      43rd these measures shall come into force on March 1, 2006.

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