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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE PREVENTION OF LIGHT POLLUTION AND MANAGEMENT OF FORMATION OF GOOD LIGHT

SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE PREVENTION OF LIGHT POLLUTION AND MANAGEMENT OF FORMATION OF GOOD LIGHT

Article 1 (Purpose) The purpose of this Rule is to provide for the matters mandated by the Seoul Metropolitan Government Ordinance on the Prevention of Light Pollution and Management of Formation of Good Light and matters necessary for enforcing the Ordinance. <Amended by Rule No. 4083, Apr. 7, 2016>

Article 2 (Definitions) The terms used in this Rule are defined as follows: <Amended by Rule No. 4083, Apr. 7, 2016>
1. The term "upward light" means a light emitted upwards at a level not lower than the horizon that passes through the luminous center of a lighting fixture, where the lighting fixture is installed normally according to the plan;
2. The term "luminescent surface" means the outside surface of a lighting fixture or the object the lighting fixture illuminates for the purpose of advertising or decoration. If the lighting fixture is operated with a blinking system or a motion picture, the luminescent surfaces include all illuminating parts during the cycle of display;
3. The term "lighting support program" means a program implemented to form and improve lighting systems and night landscape, which have an impact on the natural environment and residential environment.

Article 3 (Guidelines for Formulation of Lighting Plans) The guidelines for the formulation of lighting plans to prevent light pollution, such as glare and intrusive light emitted from outdoor lighting fixtures, and to form good light in accordance with the night landscape plan and the night landscape guidelines formulated under Article 21 of the Seoul Metropolitan Government Ordinance on the Prevention of Light Pollution and Management of Formation of Good Light (hereinafter referred to as the “Ordinance”) shall be as prescribed in attached Table 1. <Amended by Rule No. 4083, Apr. 7, 2016; Rule No. 4309, Oct. 10, 2019>

Article 4 (Permissible Levels of Light Emission) Permissible levels of light emission in management districts designated under Article 6 (3) of the Ordinance, and other relevant matters, are as prescribed in attached Table 2: Provided, That the permissible levels of light emission in the areas within a distance of 200 meters from each lighting environment management area and other areas deemed necessary by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"), the grade of upward light for each lighting fixture, the brightness of luminescent surfaces, etc. may be adjusted through deliberation by the Good Light Committee of the Seoul Metropolitan Government established under Article 10 of the Ordinance (hereinafter referred to as the "Committee"). <Amended by Rule No. 4083, Apr. 7, 2016; Rule No. 4309, Oct. 10, 2019>

Article 5 (Designation of Lighting Environment Management Districts) Detailed criteria for designation of lighting environment management districts under Article 6 (3) of the Ordinance are as follows: <Amended by Rule No. 4083, Apr. 7, 2016; Rule No. 4309, Oct. 10, 2019>
1. Class 1 lighting environment management districts:
(a) Green conservation areas designated under subparagraph 4 (a) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) National parks defined in subparagraph 2 of Article 2 of the Natural Parks Act, urban natural park areas defined in subparagraph 3 (b) of Article 2 of the Act on Urban Parks, Green Areas, Etc., and cemetery parks designated under Article 15 (1) 3 (d) of the same Act, among green natural areas designated under subparagraph 4 (c) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(c) Ecological and scenery conservation areas designated under Article 12 (1) of the Natural Environment Conservation Act;
(d) Special protection districts for wildlife designated under Article 27 (1) of the Wildlife Protection and Management Act;
(e) Wetlands protection areas and the wetland environs management areas designated under Article 8 (1) of the Wetlands Conservation Act;
2. Class 2 lighting environment management districts:
(a) Green productions areas designated under subparagraph 4 (b) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) Natural green areas designated under subparagraph 4 (c) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act, excluding the areas referred to in Article 5 (1) 1 (b);
3. Class 3 lighting environment management districts:
(a) Exclusive residential areas designated under subparagraph 1 (a) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) General residential areas designated under subparagraph 1 (b) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(c) Quasi-residential areas designated under subparagraph 1 (c) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
4. Class 4 lighting environment management districts:
(a) Commercial areas designated under subparagraph 2 of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) Industrial areas designated under subparagraph 3 of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act.

Article 6 (Applications for Approval of Lighting Support Programs) A person who intends to obtain approval of his or her lighting support program under Article 26 of the Ordinance shall file an application for approval of the lighting support program with the Mayor in attached Form 1. <Amended by Rule No. 4083, Apr. 7, 2016>

Article 7 (Applications for Subsidies and Determination thereon) (1) A project implementer who intends to obtain a subsidy for his or her lighting support program shall file an application for subsidy for the lighting support program with the Mayor in attached Form 2. <Amended by Rule No. 4083, Apr. 7, 2016>
(2) Upon receipt of an application for subsidy for a lighting support program filed under paragraph (1), the Mayor shall determine whether to grant a subsidy and the amount of subsidy after deliberation by the Committee and notify the applicant of the details of such determination. <Amended by Rule No. 4083, Apr. 7, 2016>

Article 8 (Subsidies) (1) If an application for a lighting support program is filed under Article 26 of the Ordinance, the Mayor may grant a subsidy once the program is approved, subject to deliberation by the Committee. <Amended by Rule No. 4083, Apr. 7, 2016>
(2) The Mayor may grant a subsidy to a person who implements a program under paragraph (1) up to a maximum of 5/10 of the cost of the lighting support program: Provided, That the maximum subsidy may be adjusted in any of the following cases: <Amended by Rule No. 4083, Apr. 7, 2016; Rule No. 4309, Oct. 10, 2019>
1. Up to 7/10 of the cost of a lighting support program may be subsidized, if the program is one of major priority programs of the Seoul Metropolitan Government, and participation of an autonomous Gu and its residents is essential for the program;
2. Up to 3/10 of the cost of a lighting support program may be subsidized, if the program falls within the scope of work of an autonomous Gu, etc.;
3. The full cost of a lighting support program may be subsidized, if the program is one of the major priority programs of the Seoul Metropolitan Government and a limited pilot program implemented in consideration of ripple effects.
(3) Deleted. <by Rule No. 4309, Oct. 10, 2019>
(4) Where decorative lighting fixtures are installed for a light festival event hosted by the Seoul Metropolitan Government with participation of the private sector, up to a maximum of 5/10 of the electricity cost billed for the decorative lighting can be subsidized by the Seoul Metropolitan Government. <Amended by Rule No. 4083, Apr. 7, 2016>
(5) Other matters concerning subsidies shall be determined by the Committee.

Article 9 (Filing Program Commencement Report) (1) A person in receipt of notice of determination on subsidization under Article 7 (2) (hereinafter referred to as "person eligible for subsidy") shall commence his or her lighting support program after submitting a commencement report of the lighting support program to the Mayor in attached Form 3.
(2) When a person eligible for subsidies intends to amend the scope of the lighting support program or the apportionment of subsidies due to a change in his or her business or the like or to transfer to a third person, suspend, or discontinue the lighting support program, he or she shall obtain prior approval thereof from the Mayor.

Article 10 (Filing Program Completion Report) (1) Upon completion of a lighting support program, the person eligible for subsidy shall submit a completion report of the light support program to the Mayor in attached Form 4.
(2) Upon receipt of a completion report of a lighting support program, the Mayor shall review relevant drawings and documents and conduct on-site inspections; finalize the amount of subsidy, subject to deliberation by the Committee; and notify the person eligible for subsidy of the results thereof.

Article 11 (Evaluation of Programs) (1) When a program subsidized under Article 26 of the Ordinance is completed, the Mayor shall evaluate the program within two years. If it is impracticable to directly conduct an evaluation due to lack of specialized human resources or other cause or event, the Mayor may outsource such evaluation fully or partially to an external specialized institution. <Amended by Rule No. 4083, Apr. 7, 2016>
(2) Detailed guidelines for conducting evaluations under paragraph (1), matters concerning the utilization of the results of evaluation, etc. shall be determined separately by the Mayor.

Article 12 (Drafting and Authorization of Night Landscape Agreements) (1) A person who intends to obtain authorization of his or her night landscape agreement under Article 26 (1) 3 of the Ordinance, shall file an application for authorization of the night landscape agreement with the Mayor in attached Form 5. <Amended by Rule No. 4083, Apr. 7, 2016>
(2) Upon receipt of an application for authorization of a night landscape agreement filed under paragraph (1), the Mayor shall determine whether to authorize it by not later than 45 days from the filing date of the application and shall notify the relevant applicant of his or her determination thereon: Provided, That the period may be extended only once by 15 days, in an exceptional situation.

Article 13 (Reporting on Establishment of Councils for Management of Night Landscape Agreements) A person who intends to establish or alter a council for management of a night landscape agreement shall submit a report on the establishment (alteration) of a council for the night landscape agreement in attached Form 6.

Article 14 (Succession to Night Landscape Agreements) A person who intends to succeed to the status of a party to a night landscape agreement shall submit a report on the succession to the night landscape agreement to the Mayor in attached Form 7.

Article 15 (Operation of Good Lighting Prizes and Contests) (1) The category and the number of winners of Good Lighting Prizes of Seoul Metropolitan City and Light Pollution Photography Contests under Article 27 of the Ordinance shall be as specified in attached Table 3: Provided, That the Mayor may change the number of prize winners in exceptional circumstances. <Amended by Rule No. 4309, Oct. 10, 2019>
(2) Winners of Good Lighting Prizes of Seoul Metropolitan City and award-winning works from Light Pollution Photography Contests shall be selected following deliberation by the Committee. <Amended by Rule No. 4309, Oct. 10, 2019>
(3) Prizes shall be awarded once on March 6 every year: Provided, That the Mayor may change the awarding date in exceptional circumstances. <Amended by Rule No. 4083, Apr. 7, 2016>
(4) Deleted. <by Rule No. 4309, Oct. 10, 2019>
(5) Deleted. <by Rule No. 4309, Oct. 10, 2019>

Article 16 (Required Documents) The documents to be submitted to the Committee under Article 22 (2) of the Ordinance along with an application for deliberation are as follows: <Amended by Rule No. 4083, Apr. 7, 2016>
1. A good lighting plan;
2. An application for deliberation (consulting) by the Good Light Committee of the Seoul Metropolitan Government: Attached Form 8;
3. A good lighting management card: Attached Form 9;
4. Explanatory materials for the formulation of the lighting plan, etc.;
5. A location map, longitudinal floor plans, cross-sectional plans, etc.

ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 4083, Apr. 7, 2016>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 4309, Oct. 10, 2019>
This Rule shall enter into force on the date of its promulgation.

- Table 1 (Guidelines for Formulation of Lighting Plans (related to Article 3) )

- Table 2 (Permissible Levels of Light Emission, etc. (related to Article 4) )

- Table 3 ( Number of Winners for each Category of Prizes (related to Article 15))

- Form 1 (Application for Approval of Lighting Support Program)

- Form 1 (Application for Approval of Lighting Support Program)

- Form 2 (Application for Support for Lighting Support Program)

- Form 3 (Commencement Report of Lighting Support Program)

- Form 4 (Completion Report of Lighting Support Program)

- Form 5 (Application for Authorization (Revocation of Authorization) for (Execution/Amendment) of Night Landscape Agreement)

- Form 6 (Report on Establishment (Alteration) of Council for Management of Night Landscape Agreement)

- Form 7 (Report on Succession of Night Landscape Agreement)

- Form 8 (Application for Deliberation (Consulting) by the Good Light Committee of the Seoul Metropolitan Government)

- Form 9 (Good Light Management Card)