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Busan Metropolitan City Ordinance on Urban Parks and Greenbelts, etc.

By Park Operation Division Dec 6, 2021 556  Views
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Busan Metropolitan City Ordinance on Urban Parks and Greenbelts, etc.

Partially Amended July 15, 2020 Ordinance No, 6213

Chapter 1 General Provisions

  • Article 1 (Purpose)
  • This ordinance aims at stipulating the requirements for the urban afforestation and the installation and management of urban parks and green urban space in Busan Metropolitan City, pursuant to the Act on Urban Parks and Green Urban Space and the enforcement decree of the act.
  • Article 2 (Definition)
  • This ordinance shall use the terms, which are defined as follows:
    • 1. “Urban parks” are built to create the pleasant urban environment and contribute to helping the community members rest and cultivate their emotions, pursuant to pursuant to the Act on Urban Parks and Green Urban Space (hereafter called “Act”) Article 2 Paragraph 1 and the Act on Urban Parks and Green Urban Space Enforcement Decree Article 2 Paragraphs 1 through 3. They include the following space or facility
      • a. Urban park, green urban space, amusement park, public space and reservoir
      • b. Space for the vegetation of tree, grass, flower, and ground-cover plant (hereafter called “vegetation”)
      • c. Space or facility with green urban urban space, such as plaza, pedestrian walkway, and stream
      • d. Special space or facility, such as green roof and green wall, afforested with the vegetation
    • 2. “Urban afforestation” is creating the vegetated space, excluding the forest pursuant to the Act on the Creation and Management of Forest Resources Article 2 paragraph 1, in the urban area lacking in nature-friendly environment, such as vegetation, water, and soil, that refers to the urban area pursuant to the Act on Planning and Utilization of the National Territory Article 6 Paragraph 1 and includes the district unit planning area designated within the management area under the Subparagraph 2 of the article.
    • 3. “Urban park” is installed or designated to contribute to protecting urban natural landscapes and helping the community members improve their health, rest and emotional life. It includes the following items, except that the urban nature park area under Item b shall be excluded in Articles 14, 15, 16, 16-2, 17, 19 through 21, 21-2, 22 through 25, 39, 40, 42, 46, 48-2, 52 and 52-2.
      • a. Park under the Act on Planning and Utilization of the National Territory Article 2 Subparagraph 6 Item b and determined by the city and gun management plan pursuant to Article 30 of the same act
      • b. Urban nature park area determined by the city and gun management plan, pursuant to the Act on Planning and Utilization of the National Territory Article 38-2 (hereafter called “Urban Nature Park Area”)
    • 4. “Park facility” is installed to aid urban parks fulfill their utility pursuant to Article 2 Subparagraph 4 and includes the following items:
      • a. Road or plaza
      • b. Landscape facility, including flower garden, fountain, and sculpture
      • c. Rest facility, including rest area and bench
      • d. Playing facility, including swing and slide
      • e. Sport facility, including tennis court, swimming pool, and archery court
      • f. Cultural facility, including botanical garden, zoo, aquarium, and outdoor music hall
      • g. User convenience facility, including parking lot, snack bar, and restroom
      • h. Park management facility, including management office, entrance gate, fence, and wall
        • I. Facility for urban agriculture, referring to the urban agriculture under the Act on the Cultivation and Support for Urban Agriculture Article 2 Subparagraph 1, including practice venue, experience center, learning center, and agricultural material warehouse
    • 5. “Urban green space” is the urban green space under the Act on Planning and Utilization of the National Territory Article 2 Subparagraph 6 Item b, pursuant to Article 2 Subparagraph 5 of the Act, and determined by the city and gun management plan, under Article 30 of the same act, to preserve and/or improve the natural environment in city and improve the urban landscape with the prevention of pollution and calamity.
    • 6. “Landscape facility” is vegetated and installed to the landscape design for improved scenery and refined community emotions and includes the plants and facilities of the following items:
      • a. Vegetated and existing plants, including tree, grass, flower, and ground-cover
      • b. Installed facility, including fountain, sculpture, statue, chair, and pergola
      • c. Any other artificial facility, including installed garden stones
    • 7. “Park Green Space Management Service” (hereafter called “Management Service’) refers to an agency that manages park green space and landscape facilities.
    • 8. “Public agency” is the public agency designated pursuant to the Act on the Management of Public Agency Article 4 Paragraph 1 and the local public enterprise and local industrial complex established pursuant to the Local Public Enterprises Act.
  • Article 3 (Scope of Application)
  • This ordinance shall be applied to the urban park pursuant to Article 2 Subparagraph 1 of the Act and the urban afforestation pursuant to Article 2 Subparagraph 2.

Chapter 2 Planning for Urban Afforestation

  • Article 4 (Planning for Urban Afforestation) (1) The mayor of Busan Metropolitan City (hereafter called ‘Mayor“) shall plan for the urban afforestation on the basis of the urban park master plan in every ten years, pursuant to Article 11 of the Act, to create the pleasant living environment for the community, except that the urban afforestation plan may be modified and/or supplemented separately, if necessary, subject to change in condition.
  • (2) The urban afforestation plan shall include the matters of the following subparagraphs:
    • 1. Basic direction on pushing for urban afforestation
    • 2. Basic matters on the construction of park green space and the urban afforestation of various development workplaces
    • 3. Any other important matters in regard to urban afforestation
  • (3) The Busan Metropolitan City Urban Park Committee under Article 41 of this ordinance shall examine the urban afforestation plan under Paragraph 1, when planning, pursuant to Article 11 Paragraph 3 of the Act.
  • Article 5 (Investigation of Urban Park Status) (1) The Mayor shall investigate the urban park status on a regular basis, to collect basic data required to plan for urban afforestation pan under Article 4, and announce the results.
  • (2) The Mayor shall build up a database by the type, stipulated in the Busan Metropolitan City Act on Urban Parks and Green Urban Space Enforcement Regulation (hereafter called “Regulation”), and management it in a systematic manner on the basis of the urban park status investigation under Para- 1.

Chapter 3 Contract for Use of Urban Green space

  • Article 6 (Space for Eligible Land) (1) The land eligible for the urban green space contract shall be a single land with the size of 300 m2, at minimum, or more in consideration of planting space and the minimum installation of rest facilities.
  • (2) Notwithstanding Paragraph 1, the Mayor may contract for a single land sized under 300 m2 or a non-single land with the size of 300 m2 or more, if necessitated by local conditions.
  • (3) The eligible land for contract shall have no rights established for the purpose of use or profit-making.
  • Article 7 (Contracting)
  • The contracting for urban green space shall stipulate the requirements in reference to the following subparagraphs:
    • 1. Location, land zoning, area, and ownership
    • 2. Party to the contract and contract period
    • 3. Installation and maintenance of the minimum convenience facility for green space users, including walkway, plaza, water fountain, and information signboard
    • 4. Installation and maintenance of the facilities required for the preservation of urban green space, including the following items:
      • a. Facility required for the preservation of urban green space, including facility to prevent landslide, erosion control facility, tree-protecting facility, drain, facility of fence, rope, and/or other similar facility to prevent any uncontrolled setup of forest path (short cut), and hazard prevention measures
      • b. Tree plantation for afforestation, installation of flower garden, and repair and maintenance
    • 5. The following items in regards to how to manage the urban green space
      • a. Maintenance, including tree pruning for the maintenance of the land, mowing, cutting of dead trees or trees with the hazard of falling to the ground, and cleaning
      • b. Restriction of the act of a land owner
      • c. Scope of management responsibility, including the responsibility for faulty management
      • d. Retention or demolition of the facilities, installed pursuant to the contract, after the the contract is terminated
      • e. Managing entity for the land during the contract period
      • f. Any other requirements for green space management
    • 6. Revision or termination of the contract for urban green space use
    • 7. Actions against the violation of the contract for urban green space use
    • 8. Supports of reduced property tax and partial subsidy for installing, maintaining, and managing the facilities
    • 9. Purchase of a land, if the urban planning determines the land as a facility for park and urban green space with the contract for urban green space use to remain valid for ten years or longer
    • 10. Any other matters deemed necessary by the Mayor
  • Article 8 (Contract Period)
  • The contract period for urban green space shall be five years or longer, and the Mayor may adjust the contract period subject to land condition at the time of contracting.
  • Article 9 (Contract Concluding for Urban Green Space Use) (1) A land owner may apply for the contract for urban green space use, or the Mayor may directly investigate a land, which requires the contract for urban green space use, and discuss with the owner to enter into the contract.
  • (2) For the contract for urban green space use under Paragraph 1, the Mayor shall conduct an on-site investigation for the land in regards to forest type, size, accessibility, post-opening safety, land owner’s intention, existence of established rights, and management.
  • (3) The Mayor shall choose the land as a candidate land for contract, if found to be eligible for use, after examining the results from the on-site investigation, pursuant to Paragraph 2, and any restriction on the land use planning for using the urban green space.
  • (4) The Mayor shall discuss using the candidate land, selected for contracting, with with the land owner and enter into the contract with the land owner if and when the agreement is reached.
  • Article 10 (Installation and Maintenance)
  • The Mayor may install or maintain the facilities, which are required for the area of the land contracted for the urban green space use, subject to the contract, as in the following subparagraphs:
    • 1. Maintaining of the natural condition ‘as-is,’ if possible, where a forest is satisfactory, and simple maintenance, such as planting or thinning, for a forest in poor condition
    • 2. Installation of sign board, walkway, bench, and water fountain with the minimized damage to the forest environment from the installation
    • 3. Installation of sign board in highly visible location within the contracted area for urban green space use and with the indication of the purpose of the contract for urban green space, maintenance period, and rules of use
  • Article 11(Announcement of Contract Conclusion for Urban Green Space Use)
  • The Mayor shall announce the name, area, location, purpose, and details of a contract for urban green space use in the Busan Metropolitan City Bulletin or the website of Busan Metropolitan City (hereafter called “City”) upon concluding the contract for urban green space or after finishing the maintenance of the contracted land, if necessary,
    • 1. Area of the contract for urban green space use
    • 2. Purpose of the contract for urban green space use
    • 3. Location and size of the contracted area for urban green space use
    • 4. Management period
  • Article 12 (Support for Urban Green Space Use) (1) The Mayor may provide supports for the expense, in part, for the installation, maintenance, and management of the facilities under the contract for urban green space.
  • (2) The Mayor shall not impose any and all property taxes on the land, contracted for urban green space under Article 9 Paragraph 1 to and put into use for urban green space, pursuant to the Local Tax Act Article 109 Paragraph 2.
  • (3) The Mayor may provide supports, other than Paragraphs 1 and 2, for any matters if deemed necessary.

Chapter 3-2 Site Use Contract for Urban Park

  • Article 12-2 (Criteria for Eligible Site)
  • A land shall be eligible for the site use contract for urban park (hereafter called “site use contract”) if any one of the following subparagraphs apply:
    • 1. a land owner requested the site use contract Site for the site; or
    • 2. The site use contract is required for the site to expand and preserve a urban park; or
    • 3. The site needs to remain as an urban park to help the community engage in healthy leisure activities.
      • [Newly incorporated November 6, 2019]
  • Article 12-3 (1) The initial contract period for the site use contract shall be less than three years.
  • (2) For resigning or renewal, the contract period may be adjusted with a judgment of the usability as an urban park.
    • [Newly incorporated November 6, 2019]
  • Article 12-4 (Contract Details)
  • 1. Information in regards to the site area eligible for the contract, including address, owner, size, area zoning, and cadastral map
  • 2. Party to the contract and contract period
  • 3. Site use fee with the payment timing and the payment method
  • 4. Installation and management of the facilities, to which the following subparagraphs apply:
    • a. Tree planting and installation and maintenance of park facilities
    • b. Installation of facilities for safety and disaster prevention, including landslide, erosion control facility, and tree protection
    • c. Maintenance and cleaning of the existing trees and facilities
    • d. Restriction of the act of a land owner
    • e. Retention or demolition of the facilities, installed pursuant to the contract, after the the contract expires or is terminated
    • f. Any other requirement for park management
  • 5. Managing entity and scope of management responsibility for the site during the contract period
  • 6. Change or termination of the site use contract
  • 7. Actions against any violation of the site use contract
  • 8. Any other matters deemed necessary by the Mayor
    • [Newly incorporated November 6, 2019]
  • Article 12-5 (Contract Conclusion) (1) The Mayor shall conduct an on-site investigation for the site to conclude the site use contract in regards to the size, forest condition, accessibility, safety, intention of a land owner, and existence of existence of established rights.
  • (2) The Mayor shall prepare a site map and a land report, pursuant to the Act on the Land Acquisition and Compensation for Public Services Article 14, if deemed appropriate for the site use contract as a result of the on-site investigation pursuant to Paragraph 1.
  • (3) The Mayor shall discuss with the land owner with basis in the on-site investigation results under Paragraph 1 and the land report under Paragraph 2 and conclude the land use contract with the land owner if an agreement is reached. [Newly incorporated November 6, 2019]
  • Article 12-6 (Public Announcement)
  • The Mayor shall announce any conclusion or change of the site use contract in the Busan Metropolitan City Bulletin or the City’s website, including the following subparagraphs:
    • 1. Name of the site use contract
    • 2. Purpose of the site use contract
    • 3. Location and size of the site use contract area
    • 4. Contract period [Newly incorporated November 6, 2019]
  • Article 12-7 (Site Use Fee) (1) The Act on the Land Acquisition and Compensation for Public Services Article 71 shall be applied to calculate the site use fee, except that the parties to the contract shall apply an agreed method if they agree to calculate the site use fee with a different method.
  • (2) The site use fee may be the amount under the main text in Paragraph 1, or less or free of fee, if an agreement is reached pursuant to the condition in Paragraph 1. [Newly incorporated November 6, 2019]
  • Article 12-8 (Installation and Maintenance of Facility)
  • The Mayor may install and/or maintain the required facilities, as stipulated in the contract, for the area in the land closed for the site use contract, which include the following subparagraphs:
    • 1. Maintaining of the natural condition ‘as-is,’ if possible, and simple maintenance required for afforestation, such as minor planting with herbaceous plants or shrubs or thinning, for a forest in poor condition
    • 2. Installation and maintenance of the obligate facilities to prevent calamity and help the community use safely and pleasantly
    • 3. Installation of park facilities, if necessary, including signboard, walkway, bench, water fountain, and sports equipment, which minimize the damage to the environment with minimum size, avoid any inconveniences for community use, and are easy to demolish, relocate, and recover in the future
    • 4. Installation of the signboard for the site use contract, which includes the contract purpose, period, and regulations for use, in a highly visible location within the contract area [Newly incorporated November 6, 2019]
  • Article 12-9 (Payment of Site Use Fee) (1) The Mayor shall pay the land owner the site use fee pursuant to the site use contract.
  • (2) The land owner shall request for the payment of the site use fee annually after concluding the contract, and the Mayor shall shall, by the rule, deposit cash in the land owner-designated account within 30 days after the receipt of the payment request. Notwithstanding, both parties to the contract may agree to adjust the timing and method.
  • (3) The Mayor shall restore the site to its original condition upon expiration or termination of the site use contract, except that the land owner may be supported with the equivalent amount of expense if agreed mutually. [Newly incorporated November 6, 2019]
  • Article 12-10 (Amendment of Contract) (1) If a party to the contract wish to amend the existing contract or terminate the contract, the party shall notify the other party in writing 30 days prior to revise or terminate the contract under mutual agreement.
  • (2) The Mayor shall examine the necessity of retaining the site as an urban park and the retention methods, including compensation for land, one year prior to the expiration of the site use contract.
  • (3) The Mayor and the land owner shall finish discussing resigning or renewal by thirty days prior to the expiration of the the site use contract. [Newly incorporated November 6, 2019]
  • Article 12-11 (Actions Against Contract Violation) (1) If a party to the contract is in violation of the contract, the other party may request the compliance with the contract. Despite the other party requested the contract compliance twice or more, if the violation persists, the other party may take actions to force the compliance with the contract or terminate the contract for contract violation.
  • (2) The person in violation of the contract shall pay for the expense required for the action under Paragraph 1. [Newly incorporated November 6, 2019]

Chapter 4 Afforestation Contract

  • Article 13 (Eligible Area) (1) An area shall be eligible for the afforestation contract if any one of the following subparagraphs applies:
    • 1. Land of a certain size that allows to secure a good local natural environment area for afforestation within the urban area and clarify the area boundaries
    • 2. Any other area deemed necessary by the Mayor.
  • (2) The afforestation contract shall include forest belts existing, if any, in the eligible area for the contract.
  • (3) Notwithstanding Paragraphs 1 and 2, the forest, pursuant to the Act on the Creation and Management of Forest Resources Article 2 Paragraph 1, shall be excluded.
  • Article 14 (Conclusion of Afforestation Contract) (1) A land owner or a resident, who wishes to enter into the afforestation contract, may request the Mayor for the conclusion of the afforestation contract.
  • (2) The Mayor shall discuss with the land owner or the resident to conclude the afforestation contract, pursuant to Paragraph 1.
  • (3) The land owner or the resident shall discuss with the Mayor in advance if he or she wishes to fell, destroy, or dispose the trees supported under the afforestation contract.
  • Article 15 (Public Announcement for Conclusion of Afforestation Contract)
  • The Mayor shall announce the name, area, location, purpose, and details of the afforestation contract in the Busan Metropolitan City Bulletin or the City’s website upon concluding the afforestation contract.

Chapter 5 Urban Afforestation Support and Community Engagement

  • Article 16 (Support for Urban Afforestation)
  • The Management Service may support landscaping materials, such as trees and flowers, for the operator of the following activities, if deemed helpful for urban afforestation and scenery improvement, except for the legally mandated landscaping in relation to various authorization and approval:
    • 1. Road, wall afforestation, and village afforestation
    • 2. Afforestation in the areas, such as school, military camp, and multi-family housing, which need intensive afforestation
    • 3. Afforestation equivalent to Subparagraphs 1 and 3 and deemed contributing to scenery improvement
  • Article 17 (Support for Roof Afforestation) (1) The Mayor may support the owner of a private or public structure, within the budget, for the urban afforestation on the roof (hereafter called “roof afforestation”), if desired, except for the legally mandated landscaping in relation to various authorization and approval.
  • (2) Regulations shall be stipulated for specific criteria, including the eligibility and size for the roof afforestation and the management period and responsibility for the roof afforestation.
  • (3) For the structure eligible for the roof afforestation under Paragraph 1, the owner shall submit a roof afforestation plan, as stipulated in the regulation, to the Mayor.
  • Article 18 (Incentive's of Urban Afforestation) (1) The Mayor may choose a best practice for roof afforestation by type every year and incentivize with award to entice the community to participate in improving the landscaping and creating a pleasant urban environment.
  • (2) The Mayor may provide community members, organization, and facility administrators with the required supports to protect and cultivate the urban park.
  • Article 19 (Community Engagement) (1) The Management Service may provide a tree planting venue for the community members who wish to plan trees in commemoration of birth, school admission, graduation, company founding, marriage, 60th birthday, and publishment.
  • (2) The Management Service may provide a venue to plant herbaceous flowers or plants in urban park and green space or on road if a community member or organization wish to participate in the afforestation.
  • (3) The Management Service may support the trees, landscaping materials, or afforestation expense, in part, to entice the community to engage in the afforestation voluntarily.
  • Article 20 (Securing of Urban Afforestation Budget) (1) The Mayor may have the City directly implement, or support the budget to the district and/or gun (hereafter called “District’), for the urban afforestation, if deemed important, in the eligible land for the urban afforestation within the jurisdiction of the City.
  • (2) If the urban afforestation compels the unavoidable purchase of a land, the Mayor shall purchase the land to create the urban afforestation and manage the City-purchased land as a property of the City.
  • (3) The District shall purchase lands and compensate for structures with own budget, as a rule, to construct the small park and children’s park under Article 15 of the Act, except that the City may support the budget for the urban afforestation and the installation of landscaping facilities.

Chapter 6 Maintenance and Management of Public Landscaping Facility

  • Article 21 (Post-management of Public Landscaping Facility (1) A pubic institution shall conduct a post-management in good faith for the landscaping facilities under its own management (hereafter called “public landscaping facility”).
    • 2. The City may have a direct control over managing the public landscaping facilities in the city jurisdiction, if deemed important.
    • 3. The Mayor may support the District for the expenses to operate a smooth post-management of the public landscaping facility, if the District is deemed unable to manage large afforestation venues with its own budget due to heavy concentration.
    • 4. The Mayor may entrust a civil operator, or outsource, for the post-management to ensure the smooth post-management of the public landscaping facilities.
  • Article 22 (Recovery) (1) The Management Service may force anyone, who damages or destroys the public landscaping facilities, to fully recover them
  • (2) The Management Service shall take the required actions, pursuant to to relevant laws, if the person of causing the damage and/or destruction of the public landscaping facility does not act for the full recovery
  • Article 23 (Transfer of Management) (1) A public institution or a private party, who built a landscaping facility, shall request the transfer of management to the Mayor upon completion.
  • (2) The Mayor shall notify the Management Service in jurisdiction of the transfer without any delay and take actions for a joint inspection with the builder.
  • (3) Regulations shall be stipulated for the details for the handover.
  • Article 24 (Post-management for Transferred Facility) (1) The builder shall execute the post-management of the transferred facility prior to the handover, after which the Management Service shall take over, pursuant to Article 23.
  • (2) If the design document for the landscaping construction indicates the appropriation of the post-management budget, the builder shall bear responsibilities for the post-management until the contract expires, regardless of the management transfer.
  • Article 25 (Real Name Management for Urban Park) (1) The Management Service may implement the real name management for urban park to engage the community members of individuals and/or organizations for the trees in urban parks, streets, and green spaces and have them manage and tend the urban green space under real name.
  • (2) A person shall apply for the real name management of the urban park, if desired, to the Management Service in advance.
  • (3) the Management Service may provide the managing person, pursuant to Paragraph 1, with the expense and technical support for the management.
  • Article 26 (Volunteer Compensation for Real Name Management
  • The Management Service may offer the compensation to the individuals and/or organizations for their participation in the urban park management, pursuant to Art- 25, which includes the following subparagraphs;
    • 1. Award of honorary certification to recognize the contribution of participating in the local environment improvement
    • 2. Reward for individuals and/or organizations with excellent performance in the real name management for the urban park
    • 3. Recognition of volunteer activity for middle and high school students
  • Article 27 (Flower Bed Creation in Median Strip) (1) Flower beds may be created for the new construction, or expansion and maintenance, of a road with more than a certain number of lanes, subject to road condition.
  • (2) When creating the flower beds pursuant to paragraph 1, the roadwork enforcing department may discuss with the green space-related departments to adjust the width of the median strip flower beds within the limit stipulated by the regulation.
  • Article 28 (Construction of Urban Park Infrastructures) (1) The Metropolitan Rapid Transit Corporation or a road construction operator shall have infrastructures in place for the urban afforestation, subject to road conditions.
  • (2) The enforcing department shall discuss with the green space-related departments in advance to construct the urban park infrastructures as stipulated by the regulation.

Chapter 7 Installation and Management of Urban Park and Green Space

  • Article 29 (Subdivision of Theme Park) (1) “Any other park stipulated in the ordinance‘ under Article 15 Paragraph 3 Subparagraph 3 Item b of the Act shall be defined as in the following subparagraphs:
    • 1. Street park: a park installed for the purpose of community rest and improved scenery along streets or near residential area
    • 2. Urban ecopark: a park installed for the purpose of nature learning and leisure activity by ecologically restoring and preserving the order of a natural ecosystem for sustainability
    • 3. Elder-friendly park: a park installed in consideration of the physical and cultural characteristics of the elderly for the purpose of enhancing the quality of life for the elderly and their emotional life
    • 4. Companion animal park: a park installed for the purpose of helping the owners, pursuant to the Animal Protection Act Article 2 Paragraph 3, engage in physical activities or free leisure activity with their companion animals or protect and/or train their companion animals
  • (2) The park under the subparagraphs of Paragraph 1 and the park facility site shall have the size as follows:
    Park Type Park Size Park Facility Site Size
    Street Park No limitation No limitation
    Urban Ecopark No limitation Less than 20/100
    Elder-friendly Park No limitation No limitation
    Companion Animal Park No limitation No limitation
  • Article 30 (Minor Change in Park Construction Plan)
  • “Matters stipulated in the ordinance” under the Act on Urban Park and Green Space Enforcement Decree (hereafter called “Decree”) Article 13 Paragraph 4 refers to any of the following subparagraphs, if applicable:
    • 1. Repairing and improving management facilities, including the drain installation to manage urban parks and urban green space
    • 2. Changing construction plan for small park and children’s park
    • 3. Reducing a park facility within the urban park to a smaller size than the existing facility
    • 4. Installing or changing a facility available for installation in the park facility sites, to which any one of the following items applies:
      • a. For building: less than 10 percent of total floor area
      • b. For structure: weight of 50 tons or less, volume of 50 m3 or less, or horizontal projected area of 50 m2 or less
  • Article 31 (Authorization of Urban Park Use)
  • The authorization of the Mayor shall be required for anyone to use the urban park due to the reason, to which any one of the following subparagraphs apply, and also for any change of the authorized use:
    • 1. Use of the park facilities pursuant to Article 2 Paragraph 4 of the Act
    • 2. Use for the profit-making purpose such as goods selling and photographing
    • 3. Temporary use of certain area for sports and assembly
    • 4. Use for the purpose similar to Subparagraphs 1 through 3
  • (3) Regulations shall be stipulated for the details for the handover.
  • Article 24 (Post-management for Transferred Facility) (1) The builder shall execute the post-management of the transferred facility prior to the handover, after which the Management Service shall take over, pursuant to Article 23.
  • Article 32 (Authorization for Occupying Urban Park) (1) An authorization for occupancy may be granted only to the urban park, pursuant to Article 24 of the Act, to which the following subparagraphs apply:
    • 1. A park with the construction completed (completed portion for a partially completed construction) pursuant to the urban planning or other laws
    • 2. A park not included in the first phase of the implementation plan under the phased implementation plan pursuant to the Act on Planning and Utilization of the National Territory Article 85
    • 3. A park which requires planning for the phased implementation plan, pursuant to the Act on Planning and Utilization of the National Territory Article 85, with no implementation plan created for two years, based on the filing date for occupancy authorization, after the determination of the urban management plan was announced
  • (2) Notwithstanding Paragraph 1, an occupancy authorization may be issued for a park, to which any one of the following subparagraphs apply:
    • 1. A park, to which Paragraph 1 Subparagraphs 1 through 3 do not apply with no park facility planned in the park construction plan, pursuant to Article 16 of the Act, and which is deemed not interfering with the park construction and management by the Mayor
    • 2. A park under Paragraph 1 Subparagraphs 2 and 3 and located in the area planned for park facility in the park construction plan pursuant to Article 16 of the Act
    • 3. Installation of other urban planning facilities, whose installation is also determined for the park pursuant to the Regulation on the Determination, Structure, and Installation Criteria of Facilities Planned by City and Gun Article 3
  • Article 33 (Authorization for Urban Green Space Occupancy) (1) The authorization for occupancy may be granted, pursuant to Article 38 of the Act, if the following subparagraphs apply:
    • 1. Green space with the completion of the green space construction (completed portion for a partially completed construction) pursuant to the urban planning or other laws
    • 2. Green space not included in the first phase of the implementation plan under the phased implementation plan pursuant to the Act on Planning and Utilization of the National Territory Article 85
    • 3. Green space which requires planning for the phased implementation plan, pursuant to the Act on Planning and Utilization of the National Territory Article 85, with no implementation plan created for two years, based on the filing date for occupancy authorization, after the determination of the urban management plan was announced
    • 4. Any other green space stipulated by the regulation
  • (2) Notwithstanding Paragraph 1 Subparagraphs 1 through 3, the authorization for occupancy may be granted to install other other urban planning facilities, whose installation is also determined for the green space pursuant to the Regulation on the Determination, Structure, and Installation Criteria of Facilities Planned by City and Gun Article 3
  • Article 34 (Authorization Period for Use or Occupancy) (1) The use or occupancy of the urban park or green space shall be authorized for no longer than five years, except that the authorization shall be granted for less than one year to install a short-term makeshift building or a short-term makeshift structure for sports event, assembly, exhibition, exposition, or performance.
  • (2) A person with the authorization for use or occupancy, pursuant to the condition in Paragraph
    • 1, may issue admission tickets for an event, such as exhibition, with an approval from the Mayor to be obtained in advance.
  • Article 35 (Management of Occupied Facility) (1) The Mayor shall verify if the green space is occupied as per the authorization, when the occupancy authorization for green space is granted, and demand the person with the occupancy authorization to conduct a boundary survey if necessary.
  • (2) The Mayor shall prepare and manage an occupancy authorization management register, which includes a purpose of occupancy, a period for occupancy authorization, and a space for occupancy, when granting the occupancy authorization for urban park or urban green space.

Chapter 7 Installation and Management of Urban Park and Green Space

  • Article 29 (Subdivision of Theme Park) (1) “Any other park stipulated in the ordinance‘ under Article 15 Paragraph 3 Subparagraph 3 Item b of the Act shall be defined as in the following subparagraphs:
    • 1. Street park: a park installed for the purpose of community rest and improved scenery along streets or near residential area
    • 2. Urban ecopark: a park installed for the purpose of nature learning and leisure activity by ecologically restoring and preserving the order of a natural ecosystem for sustainability
    • 3. Elder-friendly park: a park installed in consideration of the physical and cultural characteristics of the elderly for the purpose of enhancing the quality of life for the elderly and their emotional life
    • 4. Companion animal park: a park installed for the purpose of helping the owners, pursuant to the Animal Protection Act Article 2 Paragraph 3, engage in physical activities or free leisure activity with their companion animals or protect and/or train their companion animals
  • (2) The park under the subparagraphs of Paragraph 1 and the park facility site shall have the size as follows:
    Park Type Park Size Park Facility Site Size
    Street Park No limitation No limitation
    Urban Ecopark No limitation Less than 20/100
    Elder-friendly Park No limitation No limitation
    Companion Animal Park No limitation No limitation
  • Article 30 (Minor Change in Park Construction Plan)
  • “Matters stipulated in the ordinance” under the Act on Urban Park and Green Space Enforcement Decree (hereafter called “Decree”) Article 13 Paragraph 4 refers to any of the following subparagraphs, if applicable:
    • 1. Repairing and improving management facilities, including the drain installation to manage urban parks and urban green space
    • 2. Changing construction plan for small park and children’s park
    • 3. Reducing a park facility within the urban park to a smaller size than the existing facility
    • 4. Installing or changing a facility available for installation in the park facility sites, to which any one of the following items applies:
      • a. For building: less than 10 percent of total floor area
      • b. For structure: weight of 50 tons or less, volume of 50 m3 or less, or horizontal projected area of 50 m2 or less
  • Article 31 (Authorization of Urban Park Use)
  • The authorization of the Mayor shall be required for anyone to use the urban park due to the reason, to which any one of the following subparagraphs apply, and also for any change of the authorized use:
    • 1. Use of the park facilities pursuant to Article 2 Paragraph 4 of the Act
    • 2. Use for the profit-making purpose such as goods selling and photographing
    • 3. Temporary use of certain area for sports and assembly
    • 4. Use for the purpose similar to Subparagraphs 1 through 3
  • (3) Regulations shall be stipulated for the details for the handover.
  • Article 24 (Post-management for Transferred Facility) (1) The builder shall execute the post-management of the transferred facility prior to the handover, after which the Management Service shall take over, pursuant to Article 23.
  • Article 32 (Authorization for Occupying Urban Park) (1) An authorization for occupancy may be granted only to the urban park, pursuant to Article 24 of the Act, to which the following subparagraphs apply:
    • 1. A park with the construction completed (completed portion for a partially completed construction) pursuant to the urban planning or other laws
    • 2. A park not included in the first phase of the implementation plan under the phased implementation plan pursuant to the Act on Planning and Utilization of the National Territory Article 85
    • 3. A park which requires planning for the phased implementation plan, pursuant to the Act on Planning and Utilization of the National Territory Article 85, with no implementation plan created for two years, based on the filing date for occupancy authorization, after the determination of the urban management plan was announced
  • (2) Notwithstanding Paragraph 1, an occupancy authorization may be issued for a park, to which any one of the following subparagraphs apply:
    • 1. A park, to which Paragraph 1 Subparagraphs 1 through 3 do not apply with no park facility planned in the park construction plan, pursuant to Article 16 of the Act, and which is deemed not interfering with the park construction and management by the Mayor
    • 2. A park under Paragraph 1 Subparagraphs 2 and 3 and located in the area planned for park facility in the park construction plan pursuant to Article 16 of the Act
    • 3. Installation of other urban planning facilities, whose installation is also determined for the park pursuant to the Regulation on the Determination, Structure, and Installation Criteria of Facilities Planned by City and Gun Article 3
  • Article 33 (Authorization for Urban Green Space Occupancy) (1) The authorization for occupancy may be granted, pursuant to Article 38 of the Act, if the following subparagraphs apply:
    • 1. Green space with the completion of the green space construction (completed portion for a partially completed construction) pursuant to the urban planning or other laws
    • 2. Green space not included in the first phase of the implementation plan under the phased implementation plan pursuant to the Act on Planning and Utilization of the National Territory Article 85
    • 3. Green space which requires planning for the phased implementation plan, pursuant to the Act on Planning and Utilization of the National Territory Article 85, with no implementation plan created for two years, based on the filing date for occupancy authorization, after the determination of the urban management plan was announced
    • 4. Any other green space stipulated by the regulation
  • (2) Notwithstanding Paragraph 1 Subparagraphs 1 through 3, the authorization for occupancy may be granted to install other other urban planning facilities, whose installation is also determined for the green space pursuant to the Regulation on the Determination, Structure, and Installation Criteria of Facilities Planned by City and Gun Article 3
  • Article 34 (Authorization Period for Use or Occupancy) (1) The use or occupancy of the urban park or green space shall be authorized for no longer than five years, except that the authorization shall be granted for less than one year to install a short-term makeshift building or a short-term makeshift structure for sports event, assembly, exhibition, exposition, or performance.
  • (2) A person with the authorization for use or occupancy, pursuant to the condition in Paragraph
    • 1, may issue admission tickets for an event, such as exhibition, with an approval from the Mayor to be obtained in advance.
  • Article 35 (Management of Occupied Facility) (1) The Mayor shall verify if the green space is occupied as per the authorization, when the occupancy authorization for green space is granted, and demand the person with the occupancy authorization to conduct a boundary survey if necessary.
  • (2) The Mayor shall prepare and manage an occupancy authorization management register, which includes a purpose of occupancy, a period for occupancy authorization, and a space for occupancy, when granting the occupancy authorization for urban park or urban green space.
  • Article 36 (Payment of Use Fee or Occupancy Fee) (1) A person with the authorization for use or occupancy of the urban park or urban green space shall pay for the use fee or occupancy fee pursuant to Attachment 1.
  • (2) The use fee or occupancy fee under Paragraph 1 shall be collected, as a rule, for the whole amount in an annual sum with the collection by monthly installment available, subject to the nature of an authorized facility.
  • (3) No use fee or occupancy shall be refunded, once paid, except that the prorated portion may be refunded if any one of the following subparagraphs applies:
    • 1. The authorization canceled by the Mayor due to force majeure or public necessity
    • 2. Settlement deemed unavoidable by the Mayor due to the discrepancy between the actually used or occupied area and the authorized area
  • Article 37 (Exemption of Use Fee or Occupancy Fee) (1) The Mayor may have the use fee or occupancy fee waived if any one of the following subparagraphs applies:
    • 1. Use or occupancy for public services pursuant to the Act on the Land Acquisition and Compensation for Public Services Article 4
    • 2. Direct involvement of the central government or local municipality in cultural and sports events
    • 3. Preservation of a historic site or monument installation for those with marked contribution
    • 4. Any other exemption of use fee or occupancy deemed necessary by the Mayor
  • (2) A person shall submit a request with a reason to the Mayor in advance if he or she wishes to have the use fee or occupancy fee waived.
  • Article 38 (Urban Park with Applicable Prohibited Action)
  • The “urban park stipulated in the ordinance” other than in the paragraphs in Article 49 Paragraph 2 of the Act shall refer to the urban park pursuant to Article 15 Paragraph 1 of the Act.
  • Article 39 (Admission to Amusement Park) (1) Admission to the amusement park shall be free of charge.
  • (2) Notwithstanding Paragraph 1, a person may be charged a car admission fee if he or she wishes to drive a car to enter.
  • (3) The car admission fee pursuant to Paragraph 2 shall be as in Attachment 2.
  • Article 30 (Exemption of Car Admission Fee)
  • Notwithstanding Article 39 Paragraph 3, the car admission fee may be waived for a car, to which any one of the following subparagraphs applies:
    • 1. State guest and foreign delegation and their accompanying cars
    • 2. Car entering for official duties
    • 3. Car entering for the purpose of public or academic research
    • 4. Car authorized for guarding at a coastguard station
    • 5. Car designated for a tourism shuttle bus service pursuant to the Tourism Promotion Act Article 6
    • 6. Car driven by a person eligible for the Act on the Honorable Treatment and Support for Men of National Merit Enforcement Decree Article 86 Paragraph 1
    • 7. Car driven by a person eligible for the Act on the Honorable Treatment for Independence Patriot Article 23 and the Enforcement Decree Article 15 of the same act
    • 8. Car driven by a person eligible for the Act on the Honorable Treatment for Men of Merit for May 18 Democracy Movement Article 59 and the Enforcement Decree Article 52 of the same act
    • 9. Car driven by a person of severe disability among the handicapped registered pursuant to Welfare of Disabled Persons Act or his or her assistant
    • 10. Car driven by a person eligible for the Act on the Honorable Treatment for War Veterans and Organization Establishment Article 2 Subparagraph 2
    • 11. Car authorized for entering religious facilities within the amusement park
    • 12. Car authorized for transporting passengers on a pleasure boat
    • 13. Car authorized for sales activity by a sales facility operator of an observatory or snack bar within the amusement park
    • 14. Any other car deemed necessary by the Mayor for the work of managing the amusement park

Chapter Urban Park Committee

  • Article 41 (Setup and Function)
  • The Busan Metropolitan City Urban Park Committee (hereafter called “Committee’) shall be put in place to examine the matters of the subparagraph of Article 50 Paragraph 1 of the Act and the matters of the following subparagraphs: <Revised May 31, 2017>
    • 1. Designation and revocation and area change of the urban park and urban green space
    • 2. Construction of the urban park and urban green space or decision of a development plan and its change
    • 3. Technical advice to advance the urban afforestation
    • 4. Landscaping for urban planning
    • 5. Matters of the subparagraphs of the Ordinance for Management and Operation of the Busan Community Park Article 10 Paragraph 1 <Newly incorporated May 31, 2017>
    • 6. Any other matter deemed necessary by the Mayor
  • Article 42 (Formation) (1) The Committee shall consist of up to twenty members with one chairperson and one vice chairperson included.
  • (2) The economy deputy mayor shall act as the committee chairperson with the vice chairperson elected among the committee members. <Revised Jan. 9, 2019>
  • (3) The Mayor shall appoint and entrust the committee members, in consideration of gender, out of the persons of the following subparagraphs;
    • 1. City official with the rank of Class 4 or higher
    • 2. Person recommended by the Busan Metropolitan City Council
    • 3. Professor teaching at a relevant department, such as urban park, in a university or college pursuant to the Higher Education Act
    • 4. Any other person with extensive knowledge and experience on urban park, urban green space, landscaping, and environment
  • Article 43 (Term)
  • The entrusted member shall serve the term of 2 years with one consecutive term allowed, except that a supplementary member shall serve for the remaining term of a predecessor.
  • Article 44 (Dismissal)
  • The Mayor may dismiss a committee member if any one of the following subparagraphs apply to the member:
    • 1. Unable to carry out the duties due to the death of the member, a disease requiring a long-term treatment, or an overseas stay of six months or longer
    • 2. Desirous of dismissal by the member himself/herself
    • 3. Disqualified for the duty or evoking social controversy due to gross negligence
    • 4. Deemed inappropriate for carrying out the duties due to a disgraced integrity
  • Article 45 (Duties of Chairperson) (1) The chairperson shall represent the Committee and oversee the works of the Committee.
  • (2) The vice chairperson shall act for the chairperson if the chairperson is unable to carry out his/her duties due to an unavoidable reason. The Chairperson shall designate a member, in advance, who shall act for the chairperson when both the chairperson and the vice chairperson are unable to carry out the duties due to an unavoidable reason.
  • Article 46 (Meeting) (1) The chairperson shall convene and chair the meetings of the Committee.
  • (2) The Committee shall convene a meeting with the attendance of a majority of the registered members and decide with the consent of a majority of the attending members.
  • Article 47 (Exclusion, Recusal and Evasion of Committee Member) (1) The member of the Committee shall be excluded from the deliberation and decision of the Committee if any one of the following subparagraphs apply to the member:
    • 1. A member or the member’s spouse or ex-spouse is a person of concern to the matter
    • 2. A committee member is, or was, related to the person of concern
    • 3. A committee member was engaged in advice, research, or service for the matter
    • 4. A committee member or a corporation of the committee member is, or was, a representative of a person of concern to the matter
  • (2) A person of concern may file to the Committee for recusal of a member, if there is a reason that makes fair deliberation and decision unlikely to expect of the committee member, and the Committee shall determine the recusal by voting. In such a case, the committee member of the subject of recusal may not participate in the voting.
  • (3) A committee member shall exclude himself/herself from the deliberation and voting for decision if the reason for exclusion, pursuant to any of the subparagraphs in Paragraph 1, applies to the committee member.
  • Article 48 (Administrative Secretary and Clerk)
  • The Council may have one administrative secretary and one clerk, respectively, in place to handle the works of the Committee,, and the Mayor shall appoint the administrative secretary and the clerk out of city officials.
  • Article 49 (Allowance)
  • The Council may pay the entrusted members for allowance and travel expense within the budget.
  • Article 50 (Subcommittee) (1) The Committee may form and operate a subcommittee for the efficient deliberation of the Committee.
  • (2) The subcommittee shall consist of up to 10 members with one subcommittee chairperson and subcommittee vice chairperson included.
  • (3) The chairperson and the vice chairperson of the subcommittee shall be elected from the subcommittee members, and the Mayor shall appoint the subcommittee members, in consideration of gender, out of the person, to which any one of the following subparagraphs applies:
    • 1. Committee member
    • 2. City official with the rank of Class 4 or higher
  • (4) The subcommittee shall advice on the matters of the following subparagraphs:
    • 1. Matters on Article 41 Paragraphs 3 and 4
    • 2. Matters delegated by the Committee
  • Article 51 (Operation Rules)
  • The chairperson shall determine the requirements, other than the stipulations in this ordinance, for managing the Committee and the subcommittees with the decision by the Committee.

Chapter 9 (Supplementary Provisions)

  • Article 52 (Financial Assistance) (1) The Mayor may support the expense, in part or in whole, within the budget for a non-profit corporation or organization, which implements the activities of the following subparagraphs, to invigorate and manage the use of the urban park:
    • 1. Urban afforestation such as the construction of Green Alley and Hope Playground
    • 2. Various program operation for park use that takes advantage of seasonal and park characteristics
    • 3. Event hosting, such as exposition, to develop landscaping for the urban park
  • (2) The support of local subsidy, pursuant to Paragraph 1, shall adhere to the Busan Metropolitan City Ordinance for Local Subsidy Management for the payment procedure and method.
  • Article 53 (Delegation and Entrustment of Work) (1) The Mayor shall delegate the works to a district mayor and/or a gun mayor as in Attachment 3 and to the Busan Infrastructure Corporation and the Busan Tourism Organization as in Attachment 4.
  • (2) The Mayor shall approve the sub-delegation, in part, of the park facility by a person who is entrusted with the management of the urban park or park facility.
  • (3) Regulation shall be stipulated for the qualification of a person, who is eligible for re-entrustment, in part, of the park facilities pursuant to Paragraph 2, and the re-entrustment procedures.
  • Article 54 (Application) (1) Relevant regulations in the Public Property and Commodity Management Act and the Busan Metropolitan City Ordinance for Public Property and Commodity Management shall apply to the use or occupancy, other than the stipulation in this ordinance, of the urban park and urban green space.
  • (2) The regulations on the urban park in this ordinance shall apply to Taejongdae Recreation Area.
  • Supplementary Provision <July 15, 2020>
  • This ordinance shall be in effect from one month after proclamation.
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