Chapter I General Provisions
Chapter II Plan Management
Chapter III Urban Land Use Management
Chapter IV Engineering Construction Management
Chapter V Administration of Municipal Public Facilities
Chapter VI City Appearance and Environmental Sanitation Management
Chapter VII Management of Garden Green Space
Chapter VIII Reward and Punishment
Chapter IX Supplementary Provisions
Article 1 In order to strengthen the planning, construction and management of cities and ensure that urban construction meets the needs of economic and social development, these Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC) and relevant laws.
Article 2 The term "city" as mentioned in these Regulations refers to cities, towns and independent industrial and mining areas established according to national administrative divisions.
Article 3 All cities must carry out construction and transformation in accordance with the principles of unified planning, unified planning, unified development and unified management.
Fourth people's governments at all levels should earnestly strengthen the leadership of urban construction. Urban and rural construction management institutions at all levels are the competent departments of the people's governments at the corresponding levels responsible for urban planning, construction and management.
Article 5 These Regulations shall apply to units and individuals engaged in construction activities in urban planning areas.
Article 6 A city shall formulate a master plan in accordance with the provisions of the state. Urban master plan is the comprehensive deployment of urban development planning and various constructions in a certain period of time, and it is the basis for building and managing cities.
Article 7 Under the leadership of the people's government of a city, the overall urban planning shall be jointly prepared by the competent department of urban planning and relevant departments. The competent department of city planning shall formulate detailed city planning according to the approved overall city planning.
Eighth city planning examination and approval authority: Changchun city master plan by the provincial people's government review, reported to the State Council for approval; The overall planning of other cities shall be reviewed by the municipal, state people's governments or regional administrative offices and submitted to the provincial people's government for approval; The overall planning of towns and independent industrial and mining areas shall be reviewed by the county (city) people's government, approved by the city, state people's government or the regional administrative office, and reported to the provincial urban and rural construction and environmental protection department for the record. The overall urban planning prepared by the people's governments at all levels must be submitted to the people's congress at the same level or its standing committee for deliberation before being submitted for examination and approval. The detailed planning of the city shall be approved by the municipal and county people's governments, and shall be reported to the Provincial Department of Urban and Rural Construction and Environmental Protection for the record.
Article 9 Once the overall urban planning is approved, it must be strictly implemented, and no organization or individual may change it without authorization. When the Municipal People's Government deems it necessary to amend it, it must submit it to the Municipal People's Congress or its Standing Committee for deliberation, and then report it to the original approval authority for approval. Approved urban planning should be incorporated into the national economic and social development plan by stages, and comprehensive urban development and supporting construction should be carried out in accordance with the construction procedures of underground first and above ground. The people's government of a city shall regularly check the implementation of the overall urban planning. Cities below the county level (including the county level) shall report to the Municipal People's Congress or its Standing Committee and the approving authority once every three years, and cities under provincial jurisdiction shall report once every five years.
Article 10 All construction activities within a planned urban area shall be uniformly planned and managed by the competent department of urban planning, and all units and individuals must obey them. The city people's government and the city planning department shall determine the blocks and lots that need to be rebuilt and the houses and building facilities that need to be relocated. Any unit or individual must obey the reconstruction planning and relocation decision. In the blocks and lots that have been rebuilt within five years, no unit or individual may carry out construction activities that conflict with the reconstruction, and may not move into units, households and population during the reconstruction and relocation.
Article 11 All the land within an approved urban planning area is urban land. The urban planning department is responsible for planning and management; The real estate management department is responsible for the land management of state-owned land in the urban planning area.
Article 12 If it is necessary to use state-owned land or requisition collectively-owned land for construction in a planned urban area, an application for construction land must be submitted to the competent department of urban planning with the construction plan, design task book and relevant supporting documents approved in accordance with the procedures prescribed by the state, and the competent department of urban planning will examine and approve the location, area and scope of the land. Expropriation of collectively owned land shall be handled in accordance with the relevant state regulations on land requisition for construction.
Thirteenth units and individuals that use state-owned land and expropriated land in urban planning areas for construction must register with the real estate management department with the construction land permit approved by the competent department of urban planning, and issue the state-owned land use certificate. The use of urban land by foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan shall be handled in accordance with the relevant provisions of the State Council.
Fourteenth vegetable fields in urban planning areas shall not be occupied in principle. If it must be occupied, it shall be handled in accordance with the provisions of Articles 41 and 42 of the Provisional Regulations on Land Management in Jilin Province.
Fifteenth temporary use of state-owned land or collective land, must apply to the competent department of city planning for temporary land use, after examination and approval issued a temporary land use permit, can be used. The temporary use of collectively owned land requires the consent of the land management authority. Permanent buildings shall not be built on temporary land. Temporary land use period shall not exceed two years.
Sixteenth approved requisition and allocation of land, no unit or individual shall refuse to requisition and allocation, and shall not put forward any additional conditions beyond the prescribed compensation standards. No compensation will be given to illegal buildings on requisitioned and allocated land.
Seventeenth expropriated and allocated land ownership belongs to the state. Land units and individuals are only allowed to use according to the approved purposes, and are not allowed to exchange, transfer, lease or sell themselves. Land that has been idle for more than two years after requisition and allocation, and has been idle for more than three months since the date of obtaining the temporary land use permit, shall be revoked by the competent department of city planning according to the actual situation.
Article 18 The location, scope and methods of sand mining, quarrying and earth borrowing within a planned urban area shall be approved by the competent department of urban planning (cultural relics protection areas shall be approved by the cultural department, and the design of navigable river sections within the maximum navigable water level shall be approved by the competent department of urban planning and the waterway management department), and resource management fees shall be paid according to regulations. Blasting operations must be approved by the public security department.
Nineteenth city construction projects, must hold the approval documents of the competent department of city planning and construction land permit, the competent department of city planning on-site release, before construction.
Twentieth all buildings and engineering facilities built without the approval of the competent department of city planning are illegal buildings; All buildings and engineering facilities that are not built according to the approval documents are illegal buildings.
Twenty-first approved temporary buildings shall be demolished unconditionally by the state when necessary.
Twenty-second topographic, hydrological, geological and other survey work within a planned urban area must be approved by the competent department of urban planning. The survey results are sent to the urban construction archives management department for unified filing. All construction projects and survey projects shall adopt a unified urban coordinate system and height system.
Twenty-third urban roads, bridges, tunnels, drainage ditches (including inspection wells, rainwater wells, water outlets, etc.). ), flood control dams, street lamps, road signs and other municipal facilities; Urban water sources, water supply, gas, heat, buses, trams and other public facilities; Environmental sanitation facilities such as public toilets, garbage bins, and places for harmless treatment of feces; Fire, civil air defense, posts and telecommunications, electricity, transportation, meteorology and other surveying signs and facilities, as well as rivers, ponds, reservoirs, etc., must be strictly protected, and no unit or individual may damage, move or occupy them without authorization.
Twenty-fourth urban trunk roads, secondary trunk roads, secondary trunk roads and street roads must be kept clear, and sidewalks must ensure the normal passage of pedestrians. No unit or individual may dig or occupy it at will, and may not be used as a place for storing goods or a workplace.
Twenty-fifth any construction unit or individual shall not mix concrete and mortar on the pavement of urban roads. Concrete and mortar shall not be poured into the drainage pipe and its ancillary facilities.
The construction unit shall remove garbage and residual soil during construction. After the completion of the project, the temporary works must be dismantled within a time limit to make the ground smooth and clean.
Twenty-sixth because of construction or other reasons need to dig the city road, must be approved by the urban construction management department, and pay the excavation fee and restoration fee. Safety signs must be set during construction. After the completion of the project, the urban construction management department should repair the road in time.
Twenty-seventh all kinds of motor vehicles should be parked in designated places, not on the sidewalk. The centralized inspection of motor vehicle braking test must be carried out on the designated road section.
Tracked vehicles are prohibited from passing through asphalt pavement. If it is really necessary to pass, protective measures must be taken to ensure that the road surface is not damaged. Vehicles that exceed the carrying capacity of roads and bridges and culverts must be approved by the urban construction management department and take safety protection measures according to regulations.
Article 28 No unit or individual may build houses, pile up materials or carry out excavation and blasting operations on the upper part of underground pipelines (including water supply, drainage, gas, heat, electricity and telecommunications). Without the approval of the urban construction management department, it is not allowed to dismantle, modify, connect or block the urban public pipelines without authorization.
Twenty-ninth industrial wastewater after treatment, meet the national discharge standards, can be discharged into urban drainage channels, and pay the use fee of drainage facilities in accordance with the provisions. It is strictly forbidden to discharge sewage, waste water and toxic and harmful gases that corrode and endanger drainage facilities into urban drainage ditches.
Thirtieth strictly implement the national standards for water source sanitation protection and drinking water sanitation, protect urban water sources and prevent pollution.
Thirty-first city buildings and facilities should be kept intact and clean. It is strictly forbidden to dig pits for soil, vegetable pits and land reclamation on both sides of the street. Doorways, sheds, fences, livestock and poultry houses that hinder the city appearance and traffic shall not be set along the street. The balcony facing the main street is not allowed to be modified or stacked, misplaced or hung without authorization. The setting and posting of urban outdoor advertisements must be approved by the advertising management department and the competent department of urban construction, and shall not hinder traffic and affect the city appearance.
Thirty-second street construction projects, we must take protective measures such as enclosure, do civilized construction, keep the city clean and tidy, and ensure traffic safety.
Thirty-third commercial windows, plaques, murals and approved publicity galleries (including posters), postal kiosks, newsstands and transportation facilities should be kept clean and tidy. All kinds of stalls and kiosks must be set in accordance with the location designated by the competent department of city planning administration. It shall not be moved or rebuilt without approval, and the environment shall be kept clean and tidy. Urban construction management departments have the right to order all facilities that hinder the appearance of the city to be replaced or removed. The establishment of the city fair trade market should be incorporated into the urban construction planning by the local government. The construction of permanent or temporary buildings in the open-air market shall be handled in accordance with the provisions of Chapter IV of these Regulations. There should be no garbage, sundries, stagnant water and peculiar smell in the market, and the stalls should be clean and the beds clean.
Thirty-fourth units and residents in the city must do a good job in the environmental sanitation of their units or places of residence, and must not dump sewage, garbage and feces indiscriminately, and must not throw animal carcasses. Residents should dump garbage at the designated time and place. The production garbage (including construction garbage and wheelie bins) and domestic garbage of this unit shall be removed to the designated garbage dump by themselves. The main roads in the city are cleaned by the sanitation department. All units should cover the road snow in sections and remove it in time.
Article 35 The collection, transportation and treatment of municipal solid waste and excrement shall be uniformly organized and managed by the environmental sanitation department. Garbage must be cleaned up every day, and feces must be removed in time.
Thirty-sixth animal-drawn vehicles must take cleaning measures when they enter the urban area, and livestock should hang dung bags. Animal-drawn vehicles and dung vehicles shall travel according to the designated route and time, and park at the designated place. It is strictly prohibited to dig septic tanks, pile up or torture smelly items on both sides of roads in urban suburbs (except for asphalt boiling in roads and construction projects).
Thirty-seventh all citizens are not allowed to spit and urinate in public places; No littering, such as peels, stones and cigarette butts, is allowed anywhere.
Article 38 Public green spaces, productive green spaces and protective green spaces in cities, including parks, zoos, botanical gardens, small gardens, street squares, street parks, nurseries and grass beds, as well as forest belts and green spaces used for isolation, sanitation and safety, shall be under the unified management of the competent department of gardens. All units and residents should take good care of flowers and trees, urban sculptures, garden sketches and their protection facilities.
Thirty-ninth all kinds of service facilities and service activities in the garden must obey the unified planning and management of the garden management department. All units and individuals serving in the garden must abide by the regulations of the garden management department and consciously protect the garden.
Fortieth it is forbidden for any unit or individual to occupy urban garden green space (including scenic spots and public sports venues) or change its nature of use.
Forty-first trees planted by the garden management department belong to the state; The ownership and income of the trees planted by the unit itself shall be owned by the unit; The ownership and income of trees planted by individuals in the courtyard belong to individuals. The felling or renewal of all urban trees shall be subject to the examination and approval of the garden management department, and shall not be cut down without authorization. Trees that hinder safe power supply and communication shall be uniformly trimmed or cut down by the garden management department.
Forty-second garden green space is not allowed to dig holes, borrow soil, sand mining, planting crops, dumping dirt; No damage to flowers and grass, trampling on the lawn; It is forbidden to graze, hunt birds, hunt or throw corpses. It is forbidden to climb branches, scrape bark, build a shed by trees, etc. These are harmful to the scenery and the growth of flowers and trees.
Forty-third units or individuals that have made one of the following contributions to the implementation of these regulations shall be commended or rewarded by the government or relevant departments:
(1) Seriously implementing these Regulations and making remarkable achievements in urban planning, construction and management;
(two) in the city planning, construction and management activities, resolutely fight against illegal acts and make significant contributions;
(three) to stop or report people and things that seriously damage various facilities in the city.
Forty-fourth in violation of one of the following provisions of this Ordinance, the competent department of city planning shall give the following penalties respectively:
(a) in violation of the provisions of the second paragraph of article fifteenth, seventeenth and nineteenth, it shall be ordered to withdraw from the illegally occupied land within a time limit, and its land license shall be revoked.
(two) in violation of the provisions of article twentieth, article twenty-first, shall be ordered to stop construction or dismantle.
(three) refused to requisition and allocate land, refused to change after education, ordered to hand over the land within a time limit.
(4) Where items (1), (2) and (3) of this article are stipulated at the same time, the principal responsible person and the person directly responsible of the illegal unit shall be fined from fifty yuan to two hundred yuan.
Forty-fifth in violation of these regulations, one of the following acts, the urban construction management department shall order it to make corrections, and compensate for the repair costs, and impose a fine on the person in charge of the unit and the person directly responsible:
(a) in violation of the provisions of the second paragraph of article tenth, a fine of one hundred yuan to three hundred yuan. Those who refuse to relocate or delay the construction period will be fined one to five yuan for each day of delay.
(two) in violation of the provisions of article twenty-fourth, a fine of fifty yuan to two hundred yuan. If the occupied road is overdue or the residual soil and construction waste are not removed in time after the completion of the project, a fine of one to five yuan will be imposed for each overdue day.
(three) in violation of the provisions of article twenty-third, the first paragraph of article twenty-fifth, article twenty-seventh, article twenty-eighth, article thirty-second and article thirty-fourth, a fine of ten yuan to one hundred yuan.
(four) in violation of the provisions of article thirty-first, the second paragraph of article thirty-third, the first paragraph of article thirty-fourth and article thirty-sixth, a fine of five yuan to twenty yuan.
(five) in violation of the provisions of article thirty-seventh, punishable by a fine of one yuan to fifty cents.
(six) in violation of the provisions of article eighteenth, the urban construction management department shall order it to stop the excavation activities and impose a fine of fifty yuan to one hundred yuan.
Forty-sixth in violation of the provisions of article fortieth, to be held accountable for the approver, and give the approver a fine of one hundred yuan to five hundred yuan. A fine of one hundred to three hundred yuan shall be imposed on the competent leader and the person directly responsible of the occupying unit. The occupying unit shall be liable for compensation.
Forty-seventh in violation of the provisions of the second paragraph of article forty-first or the provisions of article forty-second, the urban landscape management department shall order it to correct, and pay compensation or repair costs. The person directly responsible shall be fined from five yuan to fifty yuan.
Article 48 Payment of compensation and fines: The enterprise pays from its own funds, the administrative institution pays from the budget balance and extra-budgetary funds, and the person in charge and the person directly responsible pay from personal income. All fines and fees paid in accordance with the regulations shall be turned over to the finance at the same level. Among them, 70% is used for the construction and maintenance of urban facilities, and 30% is used to reward and deal with illegal expenses. The above fines and expenses shall not be used for other purposes.
Article 49 If a party refuses to accept the decision of the relevant competent department on fines and other punishments, he may bring a suit in a people's court within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the competent department of urban construction shall apply to the people's court for compulsory execution.
Article 50 Whoever destroys urban roads and public facilities such as flood control, public transportation, water supply and drainage, heating and gas, endangers public safety, seriously damages the interests of the state and the people, and violates the criminal law shall be investigated for criminal responsibility by judicial organs according to law.
Fifty-first urban construction department staff dereliction of duty in the implementation of these regulations, depending on the seriousness of the case, by their units or the government at the same level to be punished. The staff who abuse their powers for selfish ends and damage the management of urban construction shall be given administrative sanctions and economic sanctions respectively, depending on the seriousness of the case, until criminal responsibility is investigated according to law.
Fifty-second existing relevant provisions of this province are in conflict with these regulations, and these regulations shall prevail. In case of any conflict between these provisions and those of the State, the latter shall prevail.
Article 53 These Regulations shall come into force as of the date of promulgation.
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