SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON URBAN AFFORESTATION, ETC.
Amendment of Other Laws No. 6016, Oct. 08, 2015 | Amendment of Other Laws No. 6851, Mar. 22, 2018 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters delegated from the Act on Urban Parks, Greenbelts, etc. and the Enforcement Decree of the same Act and matters necessary for the implementation thereof.
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Article 2 (Scope of Application)
This Ordinance shall apply to the following matters in the jurisdiction of the Seoul Metropolitan Government:
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Article 3 (Definitions of Terms)
The definitions of terms used in this Ordinance shall be as follows:<Amended by Ordinance No. 5930, May. 14, 2015; Ordinance No. 6016, Oct. 8, 2015>
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CHAPTER II URBAN AFFORESTATION PLAN
Article 4 (Basic Direction of Urban Afforestation Plan)
An urban afforestation plan shall be formulated to create a healthy and pleasant urban environment so that human beings can live in harmony with nature by preserving pre-existing greenbelts and creating greenbelts in space with insufficient greenbelts in urban areas.
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Article 5 (Designation of Priority Afforestation Zones and Formulation of Plan for Improving Afforestation)
(1) A plan for improving afforestation shall be formulated by designating an area that requires afforestation based on an urban afforestation plan formulated under the basic plan for parks and greenbelts as a priority afforestation zone.
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Article 6 (Methods of and Procedures for Formulation of Plan for Improving Urban Afforestation)
The Mayor shall formulate a plan for improving urban afforestation according to the following methods and priority: <Amended by Ordinance No. 5866, May 14, 2015>
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Article 7 (Areas Subject to Formulation of Urban Afforestation Plan)
The Mayor shall classify areas subject to formulation of an urban afforestation plan into official or public facilities and private land; actively promote afforestation for official or public facilities, such as government offices; and induce citizens to actively participate in afforestation for any private land, such as a residential area.
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Article 8 (Afforestation Standards for Official or Public Facilities and Afforestation Plan)
The afforestation standards for official or public facilities and an afforestation plan by type of land therefor shall be as specified in attached Table 1.
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Article 9 (Afforestation Standards for Private Land and Afforestation Plan)
The afforestation standards for private land and an afforestation plan therefor shall be as specified in attached Table 2.
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Article 10 (Establishment of Afforestation Programs)
(1) The Mayor shall establish and develop various programs on afforestation projects and activities to enhance the efficiency of an afforestation plan.
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Article 11 (Activities for Proliferation of Afforestation)
(1) The Mayor shall develop and proliferate diverse activities for the promotion of afforestation to revitalize urban afforestation and to enhance civic awareness.
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CHAPTER III CONTRACT FOR UTILIZATION OF GREENBELT
Article 12 (Area of Land, etc. Subject to Contract for Utilization of Greenbelt)
(1) Land subject to contract for utilization of a greenbelt shall be a single plot of land of at least 300 square meters in consideration of space for tree-planting and installation of minimum rest facilities, etc. as it is a green space to be provided to residents. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 13 (Period of Contract)
The period of contract shall be at least five years: Provided, That the Mayor may adjust the period according to the conditions of the relevant land at the time he/she enters into the initial contract.
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Article 14 (Details of Contract)
When the Mayor enters into a contract for utilization of a greenbelt, he/she shall determine necessary matters among the following matters: <Amended by Ordinance No. 5866, May 14, 2015>
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Article 15 (Conclusion of Contract)
(1) The Mayor may enter into a contract for utilization of a greenbelt at the request of a landowner or after consultation with a landowner after personally investigating land which requires a contract for utilization of a greenbelt for the expansion and conservation of greenbelts.
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Article 16 (Installation and Refurbishment of Facilities)
The Mayor shall install and refurbish necessary facilities as follows according to the terms and conditions of a contract on a plot of land for which a contract for utilization of a greenbelt has been concluded: <Amended by Ordinance No. 5866, May 14, 2015>
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Article 17 (Public Announcement)
(1) After a contract for utilization of a greenbelt (including a contract for change) has been entered into (where improvement of land for which a contract for utilization of a greenbelt has been entered into is required, after such improvement has been completed), the Mayor shall publicize the following matters on the official gazette of the Seoul Metropolitan Government or its Internet homepage so that citizens may know it is land open to the public for everyday use:
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Article 18 (Amendment or Termination of Contract)
Where either contracting parties intends to amend or terminate the terms and conditions of a contract for utilization of a greenbelt concluded under Article 15, the Mayor and a landowner shall consult each other to amend or terminate such contract. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 19 (Renewal of Contract)
The Mayor shall consult on the renewal of a contract with a landowner not later than one month prior to the expiration date of a contract for utilization of a greenbelt and the landowner shall notify the Mayor of whether to renew the contract in writing not later than 14 days prior to the expiration date of the contract for utilization of a greenbelt.
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Article 20 (Measures at Time of Breach of Contract)
Where a contracting party breaches a contract for utilization of a greenbelt, the other contracting party may take the following measures: <Amended by Ordinance No. 5866, May 14, 2015>
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Article 21 (Maintenance, etc.)
The Mayor shall allow citizens to make common use of the relevant land and maintain it during the period of contract.
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CHAPTER IV AFFORESTATION CONTRACT
Article 22 (Areas Eligible for Afforestation Contract)
(1) An afforestation contract shall be entered into for the following areas: <Amended by Ordinance No. 5866, May 14, 2015>
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Article 23 (Provisions of Contract)
When an afforestation contract is entered into, necessary matters among the following matters shall be determined: <Amended by Ordinance No. 5866, May. 14, 2015>
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Article 24 (Formation and Operation of Residents' Council of Landowners, etc.)
(1) Landowners, etc. in a certain area who intend to conclude an afforestation contract shall autonomously give their consent to important matters concerning the afforestation contract, etc. and establish a residents' council for the conclusion, performance, management etc. of the afforestation contract. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 25 (Request for Conclusion of Afforestation Contract)
Landowners, etc. who intend to conclude an afforestation contract may prepare the (draft) afforestation contract in attached Form 2 and request the Mayor to conclude the afforestation contract through a residents' council under Article 24. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 26 (Seeking Opinions from Residents)
(1) Where the Mayor receives a request to conclude an afforestation contract under Article 25, he/she shall publicize the relevant (draft) afforestation contract on the official gazette of the Seoul Metropolitan Government or its Internet homepage to allow the general public to have access to peruse it for not less than 14 days. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 27 (Consultation and Conclusion of Contract)
The Mayor shall conclude an afforestation contract in consultation with landowners, etc. based on the result of seeking opinions from residents under Article 26. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 28 (Publication of Conclusion of Contract)
Where the Mayor concludes an afforestation contract, he/she shall publicize the name, area, location, purpose of the conclusion of the afforestation contract and details thereof, etc. on the official gazette of the Seoul Metropolitan Government or its Internet homepage.
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Article 29 (Amendments to or Termination of Contract)
(1) Where landowners, etc. intend to amend or terminate an afforestation contract concluded under Article 27, they shall make a decision according to the rules formulated by a residents' council comprised of landowners, etc. and then amend or terminate the contract in consultation with the Mayor. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 30 (Renewal of Contract)
Landowners, etc. shall consult autonomously on whether to renew an afforestation contract not later than one month prior to the expiration date of the contract period and then notify the Mayor of the result in writing. <Amended by Ordinance No. 5866, May 14, 2015>
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Article 31 (Measures at Time of Breach of Contract)
Where landowners, etc. breach an afforestation contract, the Mayor shall let the landowners, etc. settle the breach on their own; and where they are unable to settle the breach on their own or the state of the breach of contract continues for not less than six months, the Mayor may amend or terminate the afforestation contract.
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Article 32 (Matters concerning Ownership, etc. of Seedlings, etc.)
Seedlings, etc. provided pursuant to an afforestation contract shall be owned by the relevant landowner: Provided, That he/she shall not fell, damage or dispose of such seedlings, etc. during the period of the afforestation contract. <Amended by Ordinance No. 5866, May 14, 2015>
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CHAPTER V SUBSIDIZATION, ETC. TO URBAN AFFORESTATION PROJECTS
Article 33 (Subsidization to Urban Afforestation Projects)
(1) The Mayor may partially subsidize expenses incurred in the installation of landscaping facilities following the creation and conservation of greenbelts for an urban afforestation project to the head of an agency managing greenbelts (hereinafter referred to as "greenbelt management agency") within the budget, as prescribed by Rule of the Seoul Metropolitan Government.
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Article 34 (Civic Participation)
(1) A greenbelt management agency may provide citizens who wish to plant a commemorative tree in commemoration of birth, entrance into a school, graduation, establishment of a company, marriage, 60th birthday, date of publication, etc. with a place to plant a tree.
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Article 35 (Tree Banks)
(1) A greenbelt management agency shall, in principle, select trees that are transplantable and have good shapes, from among trees generated from housing reconstruction, housing redevelopment and dwelling environment improvement plans or apartment housing construction project plans (hereinafter referred to as "development projects") and trees donated by citizens, and reutilize them and may utilize a tree bank established in each greenbelt management agency for reuse of trees.
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Article 36 (Real-Name Management of Greenbelts)
(1) A greenbelt management agency may bring a real-name greenbelt management system into operation for an individual, company, organization, juridical person, etc. to voluntarily participate in the real name system on trees in a greenbelt, etc. and manage and take care of a greenbelt using their real name.
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Article 37 (Incentives to Real-Name Manager)
A greenbelt management agency may take the following measures with regard to organizations or individuals having participated in greenbelt management under Article 36: <Amended by Ordinance No. 5866, May 14, 2015>
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ADDENDA |
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Afforestation Criteria and Plans for Official or Public Facilities [related to Article 8] |
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Afforestation Criteria and Plans for Private Land [related to Article 9] |
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Matters for Consideration in Selecting Land Eligible for Contract for Utilization of Greenbelt [related to Article 12-5] |
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