Article 1 (Purpose)
The purpose of this Ordinance is to prescribe matters authorized to be prescribed by Ordinance under the Landscape Act and the Enforcement Decree of the same Act and matters necessary for the implementation thereof.
Article 2 (Proposal for Formulation of Landscape Plan)
(1) A person who intends to make a proposal for the formulation of a landscape plan pursuant to Article 7 (1) of the Landscape Act (hereinafter referred to as the "Act") shall submit a proposal for the formulation of a landscape plan including the following matters to the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"):
1. The basic direction-setting and objectives of the landscape plan;
2. Results of investigation and assessment of landscape resources;
3. Prospects of the formation of the landscape and measures therefor;
4. Matters concerning financing for the execution of the landscape plan and the promotion thereof in phases;
5. Overall schematic drawings of the current status of the landscape (1/25,000);
6. Basic concept drawings of the landscape (1/5,000);
7. Scheme drawings of the landscape (1/5,000);
8. Landscape simulation;
9. Photographs of the current configuration.
(2) The Mayor may request the head of the competent Gu and the head of the competent public institution to offer their opinions on a proposed landscape plan and to submit related materials.
Article 3 (Public Hearings for Formulation of Landscape Plan)
(1) The Mayor may appoint or commission the president of a public hearing pursuant to Article 6 (2) of the Enforcement Decree of the Landscape Act (hereinafter referred to as the "Decree") from among the following persons:
1. The persons concerned related to the relevant landscape plan;
2. Persons who have expert knowledge in the field related to the relevant landscape plan;
3. Persons who have experience in engaging in the field related to the relevant landscape plan.
(2) A person who holds an opinion on the details of a landscape plan may attend a public hearing and state his/her opinion in person or submit the substance of his/her opinion to the Mayor in writing or via the Internet, etc.
(3) The Mayor shall notify presenters and persons who advanced their opinions, etc. of the result of reflection of opinions advanced at a public hearing or make it known to the general public by means of posting a notice in the Internet homepage, etc.
(4) The Mayor may pay an allowance and reimburse travelling expenses and other necessary expenses to the president of a public hearing, presenters and other experts who submitted materials, etc. at a public hearing within budgetary limits: Provided, That where a public official attends a public hearing in direct connection with his/her duties, this shall not apply.
Article 4 (Business Plan of Landscape Project)
"Matters prescribed by Ordinance of a local government" in subparagraph 7 of Article 8 of the Decree means the following matters:
1. The basis for the calculation of working expenses;
2. A plan for raising working expenses;
3. A plan for raising maintenance expenses;
4. Books related to a business plan.
Article 5 (Landscape Project Promotion Council)
(1) The Mayor shall appoint or commission members of a Landscape Project Promotion Council pursuant to Article 14 of the Act from among the following persons:
1. Residents and interested persons in the area of a landscape project;
2. Civic groups and experts related to a landscape project;
3. A landscape project manager;
4. Public officials related to a landscape project;
5. Members of the local council of the relevant area.
(2) A Landscape Project Promotion Council shall be comprised of at least ten members, but not more than 20 members, including one chairperson and one vice chairperson.
(3) The chairperson and vice chairperson of a Landscape Project Promotion Council shall be elected from among its members, and commissioned members referred to in paragraph (1) 1 through 3 shall be commissioned separately whenever the relevant Landscape Project Promotion Council is formed.
(4) The chairperson shall preside over affairs of the Landscape Project Promotion Council, convene meetings of the Landscape Project Promotion Council and preside over its meetings.
(5) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, the vice chairperson shall perform duties of the chairperson for him/her, and where both the chairperson and vice chairperson are unable to perform duties of the chairperson due to extenuating circumstances, a member designated by the chairperson in advance shall perform duties of the chairperson for him/her.
(6) A meeting of a Landscape Project Promotion Council shall open with the attendance of a majority of all incumbent members, and pass a resolution with a concurrent vote of a majority of those present.
(7) One administrative secretary and one clerk shall be assigned to a Landscape Project Promotion Council, and the head of the department in charge of the Landscape Project Promotion Council shall be the administrative secretary and a Grade Ⅴofficial of the department in charge of affairs of the Landscape Project Promotion Council shall be the clerk.
(8) The Mayor may pay an allowance and reimburse travelling expenses and other necessary expenses to those present at a meeting of a Landscape Project Promotion Council within budgetary limits: Provided, That where a public official attends a meeting in direct connection with his/her duties, this shall not apply.
(9) The chairperson may determine other necessary matters concerning the operation, etc. of the Landscape Project Promotion Council through resolutions by the Landscape Project Promotion Council.
Article 6 (Financial Support to Landscape Plan)
(1) Where the Mayor provides financial support pursuant to Article 15 (1) of the Act, he/she may include the following matters:
1. Investigation expenses, design expenses and research expenses for the formulation of a landscape project plan;
2. Expenses incurred in maintenance and public relations following the implementation of a landscape project;
3. Other working expenses for a landscape for which the Mayor deems financial support necessary;
(2) Detailed matters for implementing the provisions of paragraph (1) shall be prescribed by Rules.
Article 7 (Assessment on Landscape Project)
(1) When a landscape project is completed or suspended, the Mayor may assess the landscape project and reflect the result thereof in a landscape plan.
(2) The Mayor may attach a sign, or award honor or a reward to a landscape project manager, etc. whose result of assessment pursuant to paragraph (1) is satisfactory.
(3) Where a landscape project manager fails to perform the project for which he/she has been provided with financial support, the Mayor may withdraw financial support or take measures for the recovery of money provided.
(4) Detailed matters concerning the timing, procedures, methods, etc. of assessment for implementing the provisions of paragraphs (1) through (3) shall be prescribed by Rules.
Article 8 (Range of Parties to Landscape Agreement)
"Persons prescribed by Ordinance of a local government" in subparagraph 3 of Article 9 of the Decree means the following persons:
1. A person who has a right to use land or a building;
2. A person whom the Mayor deems necessary for the performance of a landscape agreement pursuant to Article 16 (1) of the Act (hereinafter referred to as "landscape agreement").
Article 9 (Details of Landscape Agreement)
"Matters prescribed by Ordinance of a local government" in subparagraph 3 of Article 10 of the Decree means the following matters:
1. Matters concerning a plan related to a landscape formulated in accordance with other Acts and subordinate statutes, such as a regional unit plan, pursuant to Article 52 (1) of the National Land Planning and Utilization Act;
2. Matters prescribed by Rules for the preservation, maintenance, and development of a landscape of the area for which the relevant landscape agreement has been made.
Article 10 (Preparation of Landscape Agreement)
(1) "Matters prescribed by Ordinance of a local government" in Article 16 (5) 8 of the Act means the following matters:
1. Matters concerning succession to a landscape agreement;
2. Matters concerning the modification and revocation of a landscape agreement;
3. Books related to a landscape agreement;
4. A landscape agreement implementation plan.
(2) Necessary matters concerning the standards for preparation and submission, etc. of a landscape agreement prescribed in paragraph (1) 3 hereof and Article 16 (5) of the Act shall be prescribed by Rules.
Article 11 (Reporting on Establishment of Landscape Agreement Steering Committee)
"Matters prescribed by Ordinance of a local government" in subparagraph 5 of Article 11 of the Decree means the following matters:
1. The method of electing a representative and members;
2. Other matters prescribed by Rules as matters necessary for management of a landscape agreement steering committee.
Article 12 (Successor to Landscape Agreement)
A person who intends to succeed to the status of a party to a landscape agreement under Article 13 of the Decree (hereinafter referred to as "party to a landscape agreement") shall report the following matters to the Mayor:
1. Details of the succession to the status of a party to a landscape agreement;
2. Related evidentiary documents with which rights have been transferred or created by a party to a landscape agreement;
3. A written consent of the owner of land and a building.
Article 13 (Adjustment and Support concerning Landscape Agreement)
(1) Where the Mayor provides financial support pursuant to Article 22 (1) of the Act, he/she may present the standards for a landscape agreement or recommend the adjustment of the scope and details of a landscape agreement.
(2) Where the Mayor deems that the simultaneous promotion of landscape projects is necessary to enhance the business effect of the relevant landscape agreement, he/she may formulate and execute a plan for landscape project on public sectors.
(3) Where the Mayor deems it necessary for the head of a public institution to be a party to a landscape agreement, he/she may provide support so that the head of a public institution may be a party to a landscape agreement.
Article 14 (Financial Support concerning Landscape Agreement)
(1) The Mayor may subsidize or finance all or some of the following expenses required for a landscape agreement pursuant to Article 22 (1) of the Act:
1. Working expenses promoted by a landscape agreement pursuant to Article 16 (4) of the Act;
2. Expenses incurred in management of a landscape agreement steering committee;
3. Investigation expenses, design expenses and research expenses incurred in the formulation of a business plan;
4. Expenses incurred in maintenance and public relations according to a project under a landscape agreement;
5. Other working expenses incurred in the execution of a landscape agreement acknowledged by the Mayor.
(2) Detailed matters for implementing the provisions of paragraph (1) shall be prescribed by Rules.
Article 15 (Business Plan Subject to Support of Landscape Agreement)
(1) "Matters prescribed by Ordinance of a local government" in subparagraph 5 of Article 14 of the Decree means the following matters:
1. The name of a project;
2. The connectivity with a landscape plan;
3. The basis for the calculation of working expenses;
4. A plan for raising working expenses;
5. A plan for the execution and redemption of working expenses subsidized or financed;
6. A maintenance plan;
7. Books related to a business plan;
(2) Necessary matters concerning the standards for preparation and submission, etc. of a landscape agreement prescribed in paragraph (1) 7 hereof and Article 14 of the Decree shall be prescribed by Rules.
Article 16 (Assessment concerning Landscape Agreement)
(1) Where a landscape agreement is completed or revoked, the Mayor may conduct assessment and reflect the results thereof in policies related to landscape agreements.
(2) The Mayor may attach a sign, award honor or a reward to a party to a landscape agreement whose result of assessment pursuant to paragraph (1) is satisfactory.
(3) Detailed matters concerning the timing, procedures, and methods of assessment for implementing the provisions of paragraphs (1) and (2) shall be prescribed by Rules.
Article 17 (Committee Related to Landscape)
(1) "Committee prescribed by Ordinance of a local government" in subparagraph 6 of Article 15 of the Decree means the Seoul Citizen Design Committee defined under Article 7 of the Seoul Metropolitan Government Ordinance on Urban Design. <Amended by Ordinance No. 4765, Apr. 22, 2009; Ordinance No. 5164, Sep. 29, 2011>
(2) "Committee prescribed by Ordinance of a local government" in the part, other than subparagraphs of Article 15 of the Decree means the Seoul Citizen Design Committee defined in paragraph (1), which shall perform functions of the Landscape Committee under Article 24 of the Act. <Amended by Ordinance No. 5164, Sep. 29, 2011>
Article 18 (Formation and Operation of Joint Board)
(1) When a Joint Board is formed pursuant to Article 16 (1) of the Decree, the chairperson of the Landscape Committee shall be its chairperson and the vice chairperson shall be elected by the Joint Board from among its members.
(2) The chairperson of the Joint Board shall preside over affairs of the Joint Board, convene meetings of the Joint Board, and preside over the meetings.
(3) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, the vice chairperson shall perform duties of the chairperson for him/her, and where both the chairperson and vice chairperson are unable to perform duties of the chairperson due to extenuating circumstances, a member designated by the chairperson in advance shall perform duties of the chairperson for him/her.
(4) One administrative secretary and one clerk shall be assigned to the Joint Board, and the head of the department in charge of the Joint Board shall be the administrative secretary and a Grade Ⅴ official of the department in charge of affairs of the Joint Board shall be the clerk.
(5) Where the Joint Board deems it necessary, it may request a person who has the authority to formulate a landscape plan, a landscape project manager, a party to a landscape agreement, the head of the relevant agency, etc. to submit necessary materials and to attend a meeting of the Joint Board, and hear an explanation of a person who has profound knowledge on matters subject to its deliberation and consultation.
(6) A person who has the authority to formulate a landscape plan, a landscape project manager, a party to a landscape agreement, the head of the relevant agency, etc. may attend a meeting of the Joint Board and speak at the meeting about matters subject to its deliberation and consultation with prior approval of the chairperson.
(7) Except for matters prescribed by this Ordinance, the provisions of Articles 11, 13 and 14 of the Seoul Metropolitan Government Ordinance on Urban Design shall apply mutatis mutandis to necessary matters concerning the operation, etc. of the Joint Board.
Article 19 (Subject Matter for Deliberation by Landscape Committee)
"Matters prescribed by Ordinance of a local government" in subparagraph 3 of Article 17 of the Decree means the following matters:
1. Matters prescribed by other Ordinances to be subject to deliberation by the Landscape Committee;
2. Matters concerning the installation of landscape illumination using the surface of walls of buildings and the change thereof; <Newly Inserted on Sep. 29, 2009>
3. Other matters prescribed by Rules as matters concerning the preservation, maintenance, and development of a landscape.
Article 20 (Subject Matter for Consultation by Landscape Committee)
"Matters prescribed by Ordinance of a local government" in Article 24 (2) 6 of the Act means the following matters:
1. Matters concerning the amendment of the Seoul Metropolitan Government Ordinance on Landscape;
2. Matters prescribed by other Ordinances to be subject to consultation by the Landscape Committee;
3. Other matters prescribed by Rules as matters concerning the preservation, maintenance, and development of a landscape.
Article 21 (Rules)
Necessary matters concerning the enforcement of this Ordinance shall be prescribed by Rules.
ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Ordinance No. 4765, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Deliberation, etc. of Committee of Gu)
Deliberation or consultation of a committee of a Gu according to the amendment of Article 7 (3) shall apply from the time an Ordinance is enacted and a committee is formed pursuant to paragraph (4) of the same Article.
Article 3 Omitted.
ADDENDUM <Ordinance No. 4842, Sep. 29, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5164, Sep. 29, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2012.
Article 2 (Transitional Measure)
Persons commissioned as members of the Seoul Design Committee pursuant to the former Ordinance as at the time this Ordinance enters into force shall be deemed to have been commissioned as members of the Working Committee of the Seoul Citizen Design Committee pursuant to this Ordinance.
Article 3 Omitted.
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