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:深圳市法制办字体:【 【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