431.Measures of Shenzhen Municipality on Greenways深圳市绿道管理办法

发布时间:2016-06-29来源:市法制办字体:【 【内容纠错】

Measures of Shenzhen Municipality on Greenways

promulgated by Decree No.242 of the Shenzhen Municipal People’s Government on June 4th ,2012

Chapter One General Provisions

Article 1 In order to strengthen greenways construction and administration, protect and improve ecological environment, build ecologically civilized city and livable city, these Measures are formulated in accordance with the provisions of the relevant laws and regulations ,and in light of the actual conditions of Shenzhen.

Article 2 The term “Greenways” as used in these Measures means the slow roads with the feature of greening, cascading as net, provided to citizens for leisure, recreation, sport and fitness. Greenways are divided into three categories:

 (1) Provincial greenways, which mean the greenways included in the overall greenway programs of Guangdong Province, connecting cities, having important effect on the greenbelt protection of regional ecology and system construction of ecologic network;

 (2) Urban greenways, which mean the greenways connecting main pitches in the urban region and connecting with provincial greenways;

 (3) Community greenways, which mean greenways connecting community parks, street greenbelts, mainly serving for the residents nearby.

After the category of the greenways has been demarcated, the administrative department of greenways shall disclose to the public, and set the sign at noticeable places of the greenways.

Article 3 These Measures are applicable to planning, construction, use and management of provincial greenways within Shenzhen, urban greenways, and their control area.

The administration of community greenways shall be executed in accordance with the present laws, regulations and rules on administration of greening and road. The municipal land planning department shall take community greenways into the special planning for greenways.

Article 4 The term “Control Area of Greenways” as used in these Measures means the area delimited along and besides greenway, and under the administration and protection.

Control area of greenways shall be delimited for provincial greenways and urban greenways.

Article 5 The term of “Administration for Greenway” as used in these Measures means the administration of greening, road surface, signs, and service facilities on the greenways and within their control area.

Article 6 The municipal land planning department shall be responsible for the compilation of the special planning for urban greenways of Shenzhen and the site detained planning for provincial greenways.

The municipal human settlements environment department shall overall plan the greenways planning and construction of Shenzhen, organize to develop the overall implementation plan for greenways construction, perform supervision and notify the progress of greenways construction, coordinate to solve the significant problems in the process of greenways construction.

The municipal urban administration department shall be specifically responsible for greenways administration of Shenzhen and the construction of provincial greenways, direct, supervise, inspect and evaluate the greenways construction and administration work of all districts (including the administrative organizations of New District, similarly hereinafter).

Departments of development and reform, public security, finance, communication and transportation, water affair, sport tourism, agriculture, port etc, shall provide cooperation for greenways construction, administration and operation according to their respective functions and duties.

Article 7 Each district government shall specify the administrative department of greenways, taking charge of the construction of the urban greenways and the community greenways within the district and being responsible for the administration of greenways within the district.

Article 8 The administration for greenway shall follow the principle as unified planning, constructing in stages, territorial management, and special evaluation.

Article 9 Funds for greenways construction and administration shall be ensured by municipality and district finances based on division of the functions and duties. Encourage the society and individuals to participate in greenway construction and administration through various forms of donation..

Article 10 All entities and individuals have the obligation to take good care of greenways and their ancillary facilities, and have the right to dissuade and file a complaint against the conducts destroying greenways and their ancillary facilities, and affecting the safety of greenways.

Chapter Two Planning

Article 11 The special planning for greenways shall be compiled under the organization of the municipal land planning department, submitted to the municipal government for approval before implementation.

Article 12 The special planning for greenways shall base on the existing mountains, rival systems, greenbelts and other natural environment, connect with parks, scenic spots, historic sites, sport tourism facilities, habitation sites for residents etc, utilize the functions of greenways to connect the sites of natural ecology and historic humanity.

Greenways shall connect with each other, form a greenways network with reasonable structure and orderly convergence.

Greenways network shall connect with public communications network, improve traffic transfer system, and enhance the accessibility of greenways.

Article 13 The municipal land planning department shall take consideration of the administrative requirements of Shenzhen on the essential area of protecting ecology, when delimiting the control area of provincial greenways, urban greenways, and publish to the society.

Article 14 Partial adjustment to the planning for greenways and their control area, due to meet the requirement of the construction of significant projects and urban infrastructures, ecology protection, shall approved by the municipal land planning department according to the prescribed procedure.

The approved adjustment to greenways and their control area shall not destroy the connectedness of greenways.

Article 15 It is only permitted to plan and build the following basic ancillary facilities within control area of greenway:

 (1) Traffic facilities: interface facilities, parking facilities;

 (2) Service facilities: administration facilities, daks supporting drink, food and bicycle rent service, recreation facilities, science education facilities, security facilities and environment sanitation facilities;

 (3) Infrastructures: water, electric power, gas, communication, flood-control facilities etc;

 (4) Signs system: guide signs, warning signs and other signs.

Article 16 It is forbidden to plan and construct the following projects and facilities within control area of greenways:

 (1) For-profit urban construction projects: real estate development, large- and medium-sized commercial facilities, hotels, factories, storehouses etc;

 (2) Projects polluting greenways environment: food service facilities, oil reservoirs and storage sites, etc;

 (3) Other temporary buildings (structures) unrelated to the construction and maintenance of greenways.

Article 17 The legitimate buildings (structures) which have been built in the control area of greenways shall not be rebuilt or expanded without approval.

Chapter Three Construction

Article 18 Greenways construction shall follow the principle of unified planning, unified standard, and unified symbol.

The municipal land planning department shall develop technical guidance for greenways construction; regulate greenways construction of the entire city.

Article 19 The municipal urban administration department shall be responsible for the construction of provincial greenways, the transport, water affairs and other departments shall be responsible for greenways construction within the scope of their respective duties, the greenways administration departments of all districts shall take charge of the construction of other greenways under the principle of territorial jurisdiction.

All greenways construction units shall report the progress of the greenways construction projects to the municipal urban administration department periodically, and accept its supervision and inspection.

The municipal urban administration department shall share greenways information, notify the municipal land planning department, the municipal human settlements environment department, and the greenways administration departments of all districts the progress of the greenways construction projects in time.

Article 20 Design, construction and supervision of greenways construction projects shall comply with the national and Shenzhen’s technology standards and specifications related to design, construction and supervision, and shall be undertaken by the units with the corresponding qualification.

Article 21 The greenways construction shall insist the principle of giving priority to ecology, protecting ecological landscape and cultural landscape, promoting use of green materials, energy conservation and environmental protection materials and reproductive products of construction waster, adopting renewable energy,  allocating and constructing rainwater collection system.

Chapter Four Administration and Maintenance

Article 22 Greenways administration shall be taken charge by the greenways administration departments of all districts under the principle of territorial management; the greenways coinciding with roads shall be managed by the administrative department of transportation in accordance with the laws and regulations related to road administration.

The municipal urban administration department shall develop the unified technical guidance and evaluation rules for greenways administration and maintenance, unify the municipal standards for greenways administration and maintenance, strengthen the inspection, evaluation and supervision against the greenways administration departments of all districts.

The greenways administration departments of all districts shall strengthen the supervision, inspection of the greenways within their own jurisdiction, discover and solve the problems in the process of greenways maintenance and operation in time, ensure the normal use of the greenways.

Article 23 Greenways maintenance and operation shall be implemented in the form of combining the government supervision with the market-oriented and profession-oriented operation.

The greenways administration departments of all districts may entrust the greenways maintenance and operation to the property units, also may determine the maintenance and operation units through public bidding or other methods.

Greenways maintenance and operation unit shall maintain the greenways and facilities undamaged.

Article 24 Prior to the compilation and adjustment of the planning for greenways and their control area, the municipal land planning department shall announce the relevant matters to the society, the announcement period shall not be less than ten working days.

Article 25 The municipal urban administration department shall establish greenways information inquiry system, provide convenience for citizens to login the site and obtain the relevant information.

The greenways administration departments of all districts shall develop greenways operating guide and brochure, introducing the routes, opening hours, arrangement of the activities and attentions of the greenways.

Article 26 It is forbidden to drive motor vehicles and electric bicycles on the provincial greenways and urban greenways. However, relevant departments may demarcate the road sections and the hours allowing the transport of motor vehicles and electric bicycles and set ancillary road signs, the transport of motor vehicles and electric bicycles for the purposes of administration, maintenance and other needs is allowed.

When setting the road signs mentioned in the preceding paragraph on greenways, the municipal urban administration department shall set and maintain the road signs after soliciting the opinions of the municipal administrative department of public security and communications. However, when setting the road signs mentioned in the preceding paragraph on the greenways coinciding with roads, the administrative department of transportation shall set and maintain the road signs after soliciting the opinions of the municipal urban administration department and the municipal administrative department of public security and communications.

Article 27 On the greenways where pedestrian lane and bicycle lane are set separately, pedestrians and bicycles shall move on their own lanes. On the greenways where pedestrian lane and bicycle lane are set together, bicycles shall control the speed and give way to pedestrians.

Social organization such as bicycle association may develop bicycle riding standards, guiding and standardizing the behaviors of bicycle riders.

Article 28 Any unit and person shall not occupy or dig greenways without approval. Temporary occupation or dig of greenways due to the requirements of urban construction shall be executed after approval according to the regulations and rules on greening administration.

The handing time limit of administrative license for temporary occupation or dig of greenways shall be less than 5 working days after the date of acceptance.

The longest period of temporary occupation or dig of greenways shall not exceed six months, the restoration to the original state shall be made after expiration of the period.

The application for temporary occupation or dig of the greenways coinciding with roads shall be submitted to the administrative department of transportation and the administrative department of public security and communications according to the laws, regulations and rules on road administration.

Article 29 It is forbidden to occupy greenways to engage in business activities.

Article 30 The following conducts shall be forbidden on the greenways and within their control area:

 (1) Destroy greenways facilities;

 (2) Heap up objects, or dump, discharge sewage, garbage, debris and other wasters;

 (3) Breed livestock and poultry;

 (4) Build a fire, barbecue, set off firework, release Kongming lantern;

 (5) Dredge, quarry, and take earth.

Article 31 Encourage the general public and enterprises to participate in greenways administration and maintenance in multiple forms such as commonweal tree planting, donation, voluntary cultivation, voluntary management and volunteer activity.

The enterprises, participating in greenway maintenance in the form of donation, may use names of them as the name of the greenways facilities, or add the logo and slogan of them. The specific measures shall be separately developed by the municipal urban administration department.

Chapter Five Penalty Provisions

Article 32 Where the relevant administrative departments of greenways violate these Measures and commit any of the following conducts, the people’s government at the corresponding level or the relevant departments or the supervisory authority of the people’s governments at a higher level shall order them to rectify, give notice of criticism according to its functions; and impose an sanction on persons directly in charge and other persons directly responsible for the violations according to law:

 (1) Fail to adjust the planning of greenways and their control area according to the statutory procedures and the scope of authority;

 (2) Fail to perform supervision duty according to law;

 (3) Fail to provide convenience services according to law;

 (4) Fail to perform other statutory duties.

Article 33 Where greenways maintenance and operation unit violates the provisions of Paragraph 3, Article 23 of these Measures and fails to maintain the greenways and facilities undamaged, shall restore within three days of receiving the notice from urban administration department; where it fails to restore within the time limit, a fine of RMB 1,000 shall be imposed for each overdue.

Article 34 Where anyone violates the provisions of Paragraph 1, Article 26 of these Measures, drives motor vehicle or electric bicycle on forbidden-driving sections or during forbidden-driving hours of greenways, a fine of RMB 200 shall be imposed by the municipal administrative department of public security and communications.

Article 35 Where anyone violates the provisions of Paragraph 1, Article 28 of these Measures, occupies or digs greenways without approval, the urban administration department shall order to rectify, impose a fine of RMB 20,000.

Where anyone violates the provisions of Paragraph 3, Article 28 of these Measures, occupies or digs greenways after the expiration of approval, and does not make the restoration to the original state, the urban administration department shall order to rectify, impose a fine of RMB 10,000.

Anyone violating the provisions of Paragraph 4, Article 28 of these Measures, occupying or digging the greenways coinciding with roads without approval, shall be punished according to the laws, regulations and rules on road administration.

Article 36 Where anyone violates the provisions of Article 29 of these Measures, and occupies greenways to engage in business activities, urban administration department shall order to rectify, a fine of RMB 1,000 per square meter shall be imposed according to the size of the occupied greenways.

Article 37 Where anyone violates the provisions of Paragraph (1), (2), (3), (4), Article 30 of these Measures, urban administration department shall order to rectify, a fine of RMB 500 shall be imposed; Where anyone violates the provisions of Paragraph 5, Article 30 of these Measures, urban administration department shall order to rectify, a fine of RMB 5,000 shall be imposed.

Article 38 Where anyone does not violate the provisions of these Measures, but violates the provisions related to city appearance, sanitation, greening, road or planning administration on greenways or within their control area, punishment shall be given according to the laws, regulations and rules related to city appearance, sanitation, greening, road or planning administration.

Chapter Six Supplementary Provisions

Article 39 These Measures shall enter into force as of August 1st, 2012.