Busan Metropolitan City Ordinance on the Balanced Development : City Government

BUSAN METROPOLITAN CITY ORDINANCE ON THE BALANCED DEVELOPMENT

CHAPTER Ⅰ GENERAL PROVISIONS

The purpose of this Ordinance is to contribute to the sound development of the Busan Metropolitan City(hereinafter referred to as the "Busan") and the quality of life of its residents by providing for necessary matters for the balanced development of Busan.

The terms used in this Ordinance are defined as follows:
- 1. The term "Busan balanced development projects" means any project conducive to the balanced and sound development of Busan including Gu, Gun balanced development projects as referred to in subparagraph (2) and city reformation projects as referred to in subparagraph (3);
- 2. The term "Gu, Gun balanced development projects" means any project conducive to fixing problems caused by unbalanced developments and strengthening Gu, Gun's competitiveness;
- 3. The term "city reformation projects" means any project to be implemented for promotion of comprehensive role as a city;
- 4. The term "public institution" means administrative agency at Busan, local government-invested public corporation, local government public corporation, or any other legal entity established by Busan according to Local Public Enterprises Act; and
- 5. The term "infrastructure" means the facilities as referred to in Article 2 subparagraph (6) of National Land Planning and Utilization Act including traffic facilities, space facilities, distribution and supply facilities, public, cultural and sports facilities, disaster-prevention facilities, and health and sanitation facilities.

The Mayor of Busan(hereinafter referred to as the "Mayor") must formulate and implement budgetary and other necessary measures in order to promote balanced development projects in Busan.

CHAPTER Ⅱ MASTER PLAN AND DESIGNATION OF PROJECTS

(1) The Mayor must formulate the master plan for Busan's Balanced Development(hereinafter referred to as the "Master Plan") in order to implement the Busan balanced development projects.

(2) The Master Plan for Busan's Balanced Development referred to in paragraph (1) must include the following matters, and must be consistent with Busan's Basic Urban Planning under Article 18 of National Land Planning and Utilization Act:
- 1. Medium- and long-term goal and basic direction for Busan's Balanced Development;
- 2. Medium- and long-term planning;
- 3. Promoting strategy for the following fields;
  - (a) Housing environment,
  - (b) Education, culture, and social welfare,
  - (c) Industry and economy, and
  - (d) Other infrastructure;
- 4. Balanced development projects and its priorities; and
- 5. Similar projects to balanced development projects referred to in subparagraph (4) concerning the following items;
  - (a) Projects for improvement of education environment,
  - (b) Projects for improvement of cultural and social welfare environment,
  - (c) Projects for improvement and restoration of urban rivers,
  - (d) Projects for upgrading traditional market,
  - (e) Projects for improvement of traffic environment,
  - (f) Projects for promotion of high-tech industry,
  - (g) Road building planning necessary for other projects, and
  - (h) Other projects for revitalization of local economy.
(3) The Mayor must improve the Master Plan after evaluating its appropriateness every five years.

(1) The Mayor must pay close attention to the Master Plan when he/she assesses the investment plan and he/she drafts a budget.

(2) The Mayor must reflect the Master Plan on the following subparagraphs;
- 1. Busan's Basic Urban Planning;
- 2. The medium-and long-term local financial plan under Article 33 of the Local Finance Act;
- 3. Urban renovation planning under Article 9 of Special Act on Urban Renovation;
- 4. Basic plan for urban and residential environment rearrangement under Article 3 of Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
- 5. Comprehensive housing plan under Article 8 of Housing Act; and
- 6. Other relevant projects.

(1) The Mayor may, when deemed necessary, designate Gu, Gun balanced development projects or city reformation projects under Article 7 as the Busan Balanced Development Projects.

(2) The head of Gu, Gun may request for the designation of the Busan Balanced Development Projects.
(3) The Mayor must take necessary measures (including designations of specific-use area, specific-use district, and specific-use zone) required by relevant statutes before he/she designates the Busan Balanced Development Projects.

(1) The eligible areas for Gu, Gun balanced development projects must be as follows:

- 1. Undeveloped area where life environment is very poor, considering a shrinking population, local financial difficulties, and income level;
- 2. Area deemed necessary to implement comprehensive development projects due to large undeveloped or underdeveloped land; and
- 3. Other areas where the head of Gu, Gun deems it necessary to implement Gu, Gun balanced development projects.
(2) The eligible areas for city reformation projects must be as follows:
- 1. Area where comprehensive development is necessary to improve the function of city with respect to housing, industry, commercial business, tourism, accommodations;
- 2. Area deemed necessary to revitalize a downtown; and
- 3. Other areas where the mayor of city deems it necessary to implement city reformation projects.

The Mayor may designate the Busan Balanced Development Projects and change the designation after being deliberated on by the Committee for Balanced Development of Busan under Article 21.

(1) The Mayor may implement the Busan Balanced Development Projects which are designated under Article 6 according to the order of priority determined by the following items.

- 1. Urgency for development and far-reaching implications;
- 2. Feasibility and reasonableness of development projects;
- 3. Available financial resources;
- 4. Residents' commitments to development projects; and
- 5. Equality among local areas or districts, etc.
(2) The Mayor must have the Committee for Balanced Development of Busan under Article 21 deliberate matters pertaining to the implementation and the order of priority.

(1) When the Mayor designates the Busan Balanced Development Projects or changes the designation, he/she must give a public notice of the facts in the official gazette and home page(hereinafter referred to as the "official gazette, etc") and send copies of relevant documents to the head of Gu, Gun.

(2) The head of Gu, Gun must have copies of relevant documents available for public perusal.

(1) In case where there exists no public notice of project plan under Article 13 (1) not later than the date on which 2 years elapsed from the day of public notice under Article 10, the designation of the Busan Balanced Development Projects shall lose its validity on the date next to that on which such 2 years elapsed: Provided, That the Mayor may extend the period to 3 years.

(2) When the validity of its designation has been lost under the provision of paragraph (1), the Mayor must announce such fact publicly and inform the head of Gu, Gun of the fact.

Busan Balanced Development Projects must be implemented by using one of following types, but may be implemented by using two or more types when deemed necessary due to local conditions:
- 1. Renovation promotion project under Article 2 subparagraph 2 of Special Act on Urban Renovation;
- 2. Urban development project under Article 2 (1) 2 of Urban Development Act;
- 3. Residential environment improvement project, housing redevelopment project, housing reconstruction project, and urban environment rearrangement project under Article 2 subparagraph 2 (a) through (d) of Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
- 4. Urban planning facility project under Article 2 subparagraph 10 of National Land Planning and Utilization Act;
- 5. Project to achieve the objective of designating the district unit planning zone under Article 52 of National Land Planning and Utilization Act;
- 6. Market upgrade project under Article 2 subparagraph 2 of Special Act on the Nurturing of Traditional Markets; and
- 7. Other projects necessary for the balanced development of Busan under Statutes and regulations.

(1) The Mayor or the head of Gu, Gun must formulate the project planning and hold a public hearing and hear opinions of the residents upon designation of the Busan Balanced Development Projects under Article 10.

(2) Procedures of project implementation must be followed by relevant Statutes as referred to in Article 12 each subparagraph unless otherwise provided in this Ordinance.

(1) The Mayor must arrange public institutions and facilities with balanced distribution when he/she establishes or changes their places.

(2) The Mayor must arrange the welfare institutions for the senior and children, cultural facilities, gymnasiums, parking lots, parks with even distribution considering the local and functional equalities.
(3) The Mayor must confer with the Head of Busan Office of Education about projects for improvement of education environment as referred to in Article 4 (2) 5 (a).
(4) The Mayor must take into consideration balanced developments of Busan when he/she implements development projects.

In a case where the Mayor deems it necessary to extensively develop Busan area extending over not less than two Gu, Gun, he/she may implement the multi-district development projects.

CHAPTER Ⅲ SUPPORT FOR BALANCED DEVELOPMENTS

(1) Busan or Gu, Gun which has the ownership of facilities must bear costs for installation of infrastructure related with urban planning facility project under Article 2 subparagraph 10 of National Land Planning and Utilization Act: Provided, That in a case where the project implementer or manager has duty to install infrastructure, it must bear costs according to relevant statutes such as Special Act on Urban Renovation, Urban Development Act, Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents or National Land Planning and Utilization Act.

(2) The Mayor may subsidize all or part of costs for infrastructure installed by the head of Gu, Gun when deemed necessary, considering financial status and the level of installation of infrastructure of Gu, Gun.

The Mayor may reduce or exempt local taxes on each of the following facilities constructed in the area designated as the Busan Balanced Development Projects referred to in Article 6 under the conditions as prescribed by the Local Tax Act and Busan Metropolitan City Ordinance on Reduction and Exemption of Local Tax:
- 1. Cultural facilities under Article 2 (1) 3 of Culture and Arts Promotion Act;
- 2. General hospital, hospital or herb hospital under Article 3 (2) of Medical Service Act;
- 3. Private teaching institute under Article 2 subparagraph 1 of Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; and
- 4. Principal office under Article 169 of Commercial Act.

The Mayor may, when deemed necessary, include the following matters in Busan Metropolitan City Ordinance on Urban Planning or Urban Management Planning under Article 24 of National Land Planning and Utilization Act:
- 1. Limit of floor area ratio applied to specific-use area within the scope as prescribed by the National Land Planning and Utilization Act;
- 2. Limit of floor area ratio as to apartment house and residential area ratio as to multipurpose building within the scope as prescribed by the National Land Planning and Utilization Act; and
- 3. Specific-use area consistent with Busan's Basic Urban Planning as referred to in Article 4 (2) and Urban Management Planning as to subdividing and change of specific-use area.

(1) The Mayor may secure financial resources for Busan balanced development projects from one of the following sources as well as general accounts, or may raise a separate fund:

- 1. Special accounts for Busan Traffic Project;
- 2. Busan Local Development Fund;
- 3. Busan Fund for the maintenance and improvement of urban areas and dwelling conditions for residents; and
- 4. other loans or subsidies, etc..
(2) The Mayor must use the financial resources as referred to in paragraph (1) in accordance with the purpose and manners set by relevant ordinances.

The Mayor may render the administrative support to private companies which participate in Busan balanced development projects, such as providing necessary information, etc.

CHAPTER Ⅳ THE COMMITTEE FOR BALANCED DEVELOPMENT OF BUSAN

The Mayor must establish the Committee for balanced development of Busan(hereinafter referred to as the "Committee") to deliberate on major policies and projects for Busan balanced development.

The Committee may deliberate on one of the following matters:
- 1. Formulation of Master Plan under Article 4;
- 2. Designation of projects under Article 6;
- 3. Change of project designation under Article 8;
- 4. Priorities of projects under Article 9;
- 5. Types of project implementation under Article 12; and
- 6. Other matters deemed necessary by the Mayor.

(1) The Committee shall consist of not more than 20 members including one chairman and one vice-chairman.

(2) The chairman and the vice-chairman shall be elected from among the members, and its term shall be two years.
(3) The members shall be appointed or commissioned by the Mayor from among one of the following persons:
- 1. Public officials in Grade III or higher;
- 2. Persons recommended by the City Council; and
- 3. Persons who have professional knowledge and experience on the matters of urban planning, construction, traffic, transportation, education, culture, social welfare, environment, etc.

The term of office of the commissioned members shall be two years, but the consecutive appointment may be permitted for only one time, and the term of office of the member who is commissioned as successor of a vacancy shall be the remainder of that of his predecessor.

(1) The chairman shall represent the Committee and exercise the overall control of the affairs thereof.

(2) If the chairman is unable to perform his/her duties for any inevitable reason, the vice-chairman shall act on behalf of the chairman, if the chairman and the vice-chairman is unable to perform his/her duties for any inevitable reason, the member, whom the chairman designates in advance, shall act on behalf of the chairman.

(1) The meeting of the Committee shall be convened by the chairman.

(2) A major of the members of the Committee shall constitute a quorum of the meeting thereof and the meeting shall take decisions by a simple majority of the members present.

(1) The chairman may, deemed necessary for efficient operation of the Committee, establish subcommittees.

(2) Necessary matters concerning the establishment and operation of subcommittees shall be stipulated by the chairman after deliberation of the Committee.

(1) One executive secretary and one clerk shall be appointed in the Committee in order to manage its affairs.

(2) The director in charge of balanced development must be the executive secretary, and the deputy-director in charge of balanced development must be the clerk.

The Committee may, when deemed necessary, request experts to present themselves and hear the statements of the relevant facts and opinions from them or request the related agencies and organizations, etc. to furnish the data and to render any other cooperaton.

The allowances and travel expenses may be paid to the commissioned members of the Committee, to such an extent as the relevant budget permits.

Matters other than those as prescribed by this Ordinance, which are necessary for the operation of the Committee, shall be determined by the chairman through a decision of the Committee.

(1) (Enforcement Date) This Ordinance shall enter into force one month after the date of its promulgation: Provided, That the relevant provisions with Act on Regulation of Land Utilization shall enter into force on June 8, 2006, and the relevant provisions with Special Act on Urban Renovation shall enter into force on July 1, 2006.
(2) (Transitional Measures) Development projects similar to Busan balanced development projects determined and publicly announced at the time of enforcement of this Ordinance, shall be deemed to have been determined and publicly announced as the Busan balanced development projects under this Ordinance.

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Ordinances

Busan Metropolitan City Ordinance on the Balanced Development