Approved
by the decision of the regional maslikhat
from "__" ________ 2021 year №__
Rules for the maintenance and protection of green spaces in the territories of cities and settlements of the Aktobe region
Chapter 1. General provisions
1. These Rules for the maintenance and protection of green spaces in the territories of cities and settlements of the Aktobe region are developed in accordance with the Civil Code of the Republic of Kazakhstan dated July 1, 1999 (Special part), the Land Code of the Republic of Kazakhstan dated June 20, 2003, the Environmental Code of the Republic of Kazakhstan dated January 9, 2007, Article 386 of the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses", the laws of the Republic of Kazakhstan dated July 16, 2001 "On Architectural, urban planning and construction activities in the Republic of Kazakhstan" (hereinafter-the Law), dated January 23, 2001 "On local State Administration and Self-Government in the Republic of Kazakhstan" and other regulatory legal acts.
The Rules do not apply to green spaces growing on the plots of the state forest fund and specially protected natural territories of national and local significance, the territories of an individual residential house and personal subsidiary farm, on suburban areas.
2. The rules define the procedure and regulate relations in the field of maintenance and protection of green spaces of cities and settlements of the Aktobe region and apply to all individuals and legal entities, regardless of ownership forms.
3. The following concepts are used in these Rules:
1) landscaping - a set of works (on engineering preparation and ensuring the safety of the territory, the construction of roads, the development of communication networks and water supply facilities, sewerage, energy supply, the installation of coatings, lighting, placement of small architectural forms and objects of monumental art, landscaping design, noise reduction, improvement of the microclimate, protection from pollution of the air basin, open reservoirs and soil) and services (for clearing, cleaning, sanitary cleaning, drainage and landscaping of the territory), carried out in order to bring a particular territory into a state of, suitable for construction and normal use for its intended purpose, creating healthy, comfortable and cultural living conditions for the population;
2) felling of trees – work on felling trees carried out with the permission of the authorized body in accordance with paragraph 159 of Annex 2 to the Law of the Republic of Kazakhstan" On Permits and Notifications " of May 16, 2014 (hereinafter - the Law on Permits);
3) crown formation – pruning of branches and shoots, individual trees, shrubs and linear plantings that can be molded, without leading to their death, in order to give them a certain aesthetic shape and rejuvenate green spaces;
4) dendrological plan – a plan for the placement of green spaces, indicating the quantitative and specific composition of the existing and projected for planting green spaces of tree and shrub vegetation, in combination with open areas of lawns, playgrounds, paths, reservoirs, taking into account the development zone;
5) public lands – lands occupied and intended for occupation by squares, streets, sidewalks, driveways, roads, embankments, parks, squares, urban forests, boulevards, reservoirs, beaches, cemeteries and objects intended to meet the needs of the population (engineering systems of public use);
6) rejuvenation – a strong shortening of skeletal and semi-skeletal branches, thinning and regulating shoots, pruning the trunk at a height of at least 3.5 meters in adult trees suitable for rejuvenation with healthy stems and trunks that have lost their decorative qualities due to the drying of the tops and branches;
7) green area – a green area containing at least 50 specimens of trees on an area of at least 0.125 hectares, regardless of the species composition;
8) green spaces – woody-shrubby and herbaceous vegetation of natural origin and artificially planted, which, in accordance with civil legislation, are real estate and constitute a single urban green fund;
9) destruction of green spaces – damage to green spaces that caused their death;
10) maintenance and protection of green spaces – a system of legal, administrative, organizational and economic measures aimed at the creation, preservation and reproduction of green spaces (including compensatory restoration of green spaces instead of cut down), green areas and green areas;
11) preservation of green spaces – a set of measures aimed at preserving especially valuable species of plantings that fall under the stain of landscaping and construction works;
12) forest pathology examination of green spaces – a special examination for the presence of pests( insects), identification of the presence of signs and foci of diseases, signs of fungal diseases (parasites) of trunks, root system and crown. If the plantings are affected by diseases by more than 50 (fifty)%, then they are subject to mandatory felling;
13) inventory of green spaces (poderevny list) – a set of measures for accounting for landscaping objects with a detailed description of quantitative and qualitative characteristics, as well as a graphical display of each element of landscaping on a planned basis;
14) register of green spaces – a set of data on the types, species composition, size of the area, condition and location of green spaces;
15) individual residential house – a house intended for personal (family) residence, located on a manor plot and owned by a citizen together with economic and other buildings and green spaces;
16) green areas – a plot of land on which vegetation of natural origin is located, artificially created garden and park complexes and objects, boulevards, squares, lawns, flower beds;
17) care – care of the soil and the underground part of plants (fertilizing, watering, loosening and other actions);
18) compensatory planting plan – a plan for planting trees that have been cut down, including the quantitative part, species composition, volume, calendar planting dates, as well as a graphical scheme for placing plantings with reference to the planned basis;
19) compensatory planting – planting in place of felled trees on special areas determined by the authorized body in accordance with the dendrological plan;
20) passage – an element of the road that provides access for vehicles to residential and public buildings, institutions, enterprises, development objects within microdistricts, blocks, settlements;
21) sanitary pruning – removal of diseased, drying, dry and damaged branches that create emergency situations (lying on power lines, gas pipes, destroying the roof of buildings, creating a threat to road safety);
22) sanitary cutting – cutting (selective, continuous), carried out in order to improve the sanitary condition of green spaces, in which sick, damaged, shrinking and dry trees are cut down;
23) sidewalk – an element of the road intended for the movement of pedestrians, adjacent to the carriageway or separated from it by a lawn or a ditch system;
24) authorized body – a structural subdivision of a local executive body that performs functions in the field of regulating issues of maintenance and protection of green spaces;
25) organization – an individual or legal entity specializing in the maintenance and protection of green spaces;
26) small architectural forms – objects of a decorative nature and practical use (sculptures, fountains, bas-reliefs, flower vases, pavilions, gazebos, benches, urns, equipment and structures for children's games and adult recreation);
27) adjacent territory – the territory (within the boundaries of 5 meters along the perimeter) directly adjacent to the borders of a building, structure, fence, construction site, to objects of trade, advertising and other objects owned, owned, leased, on the balance sheet of legal entities or individuals;
28) transplanting of trees and green spaces – work on transplanting trees and green spaces carried out on sites determined by the authorized body;
29) illegal felling – felling of trees carried out without the permission of the authorized body;
30) forced felling – felling of trees, without the consent of the authorized body in the liquidation of emergency and emergency situations;
Chapter 2. Maintenance and protection of green spaces
Paragraph 1. Measures for the conservation and protection of green spaces
4. All green spaces, with the exception of green spaces growing on the plots of the state forest fund and specially protected natural territories of national and local significance, the territories of an individual residential house and personal subsidiary farm, on suburban areas form a single green fund of cities and settlements subject to protection.
5. The development of green areas of the corresponding administrative-territorial unit is carried out in accordance with the dendrological plan.
6. When designing and constructing facilities, provide for landscaping of the area of the territory free from development of at least 20 %.
7. All types of landscaping works provided for by the design (design and estimate) documentation are carried out according to approved projects. These types of work are carried out in accordance with the legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities.
8. The maintenance of green spaces includes:
1) planting of green spaces;
2) loosening of the soil with the device of trunk holes, whitewashing of trees, cutting of hedges, raising the stem of trees, removing overgrowth;
3) arrangement of flower beds, lawns, weeding, mowing grass, hiding roses in winter;
4) watering of green spaces throughout the growing season, in summer, watering is carried out twice a week;
5) crown formation;
6) rejuvenation;
7) fertilization;
8) control of pests and diseases of green spaces;
9) sanitary pruning of emergency, dry-resistant, over-standing trees and shrubs.
9. Transplanting of green spaces is carried out during the year, subject to compliance with special technologies of transplants. For the purpose of effective survival of deciduous and coniferous trees, their transplantation is recommended to be carried out in the period from the onset of autumn to early spring.
10. Measures for tree rejuvenation and thinning of densely growing trees are carried out before the beginning of the growing season or in late autumn.
11. During the construction and installation works, all plantings that are subject to preservation on this site are protected from mechanical and other damage by special protective fences that ensure the effectiveness of their protection.
12. If it is impossible to preserve green spaces on the plots allocated for construction or other works, trees are cut down with the permission of the authorized body in accordance with the Law on Permits.
13. Measures for the protection and improvement of the environment are carried out by citizens, officials and legal entities, in accordance with the environmental legislation of the Republic of Kazakhstan.
14.All types of green spaces are subject to accounting.
15. Accounting of green spaces is carried out by means of their inventory and forest pathology examination located within the boundaries of the accounting object, which are entered in the register of green spaces, in accordance with the form according to Annex 1 to these Rules.
16. The register and accounting of green spaces is maintained by the authorized body.
17. The document displaying the results of the accounting of green spaces is the issued materials of the inventory and forest pathology survey, as well as the dendrological plan.
18. Services for the maintenance and protection of green spaces, as well as conducting an inventory and forest pathology survey of green spaces on public lands, are carried out by organizations.
19. The authorized body shall transmit copies of the materials of the inventory and forest pathology survey of green spaces to the office of the akim of the relevant administrative-territorial unit for use as recommendations when working with the green fund.
20. In the case of a natural fall of growing green spaces, restoration is carried out according to the approved dendrological plan of the authorized body at the expense of the local budget.
Paragraph 2. Felling, sanitary felling of trees
21. Felling of trees is carried out in the following cases::
1) providing conditions for the implementation of construction activities, construction and installation works provided for by approved and agreed urban planning documentation;
2) maintenance of engineering improvement facilities, reconstruction and installation of engineering networks, underground and aboveground communications;
3) liquidation of emergency and emergency situations, including at engineering improvement facilities;
4) improvement of the territory of existing objects and bringing them into an aesthetic appearance, the need to improve the quality and species composition of green spaces;
5) sanitary felling of trees that pose a threat to the safety of human health and life, as well as causing damage to the property of an individual and a legal entity;
6) the growth of trees and shrubs on public lands.
22. The felling of trees is carried out by organizations serving this land plot with the permission of the authorized body.
23. In the event of an emergency fall of trees, as a result of wind and other natural events, road accidents, cleaning of the fallen tree, timely cleaning of the fall site and removal of wood residues on public lands and in the territories adjacent to buildings, structures, multi-storey residential buildings is carried out by organizations on the serviced areas.
24. During the liquidation of emergency and emergency situations, including at the objects of engineering improvement, forced felling of trees is carried out without the consent of the authorized body, in the following cases:
the fall of trees, as well as their branches, poses a threat to the life and health of people, damage to buildings and structures, communications;
road safety obstacles, including those that block the visual view of road signs.
The fact of forced felling of trees is established by an act of inspection by the emergency rescue service, followed by notification to the authorized body within three working days from the moment of forced felling.
25. Sanitary pruning and (or) felling of trees on public lands is carried out by organizations serving this land plot in written agreement with the authorized body.
26. Felling of trees is carried out with the permission of the authorized body in accordance with the Law on Permits, when providing a letter of guarantee from individuals and legal entities on compensatory planting in place of felled trees, in accordance with Annex 2 to these Rules.
27. Trees to be transplanted in accordance with the materials of the inventory and forest pathology survey of green spaces are transplanted to the sites specified by the authorized body.
Paragraph 3. Procedure for compensatory tree planting
28. Restoration of trees is carried out on special sites according to the plan of compensatory planting of the city and the settlement, if necessary, with the replacement of soil with fertile soil.
29. Compensatory planting is carried out at the expense of citizens and legal entities in whose interests the cutting was carried out.
30. When cutting down trees with the permission of the authorized body, compensatory planting of restored trees is carried out in a tenfold amount.
31. In the event of the destruction of green spaces located on the adjacent territory, the legal entity or individual under whose jurisdiction this territory is located makes a compensatory planting in a tenfold amount.
32. A natural or legal person who has committed illegal felling, destruction, damage to trees or violation of the rules for the maintenance and protection of green spaces is liable in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses and makes compensatory planting of trees in a twenty-fold amount.
In case of illegal felling, destruction, damage to trees listed in the Red Book of the Republic of Kazakhstan, compensatory tree planting is carried out in a thirty-fold amount.
33. Compensatory tree planting is carried out by planting seedlings of deciduous species with a height of at least 2.5 meters with a lump or coniferous species with a height of at least 2 meters with a lump.
The diameter of the trunk from the upper root system of seedlings is at least 3 centimeters, at a height of 1.3 meters of the stem part.
34. When transplanting trees by individuals and legal entities, compensatory planting is not performed.
If the transplant led to the death of trees, a five-fold amount of compensation is established, in accordance with the requirements of paragraph 32 of these Rules.
35. Compensatory planting in case of cutting down trees by permission of the authorized body and (or) in case of illegal cutting, destruction or damage of trees is carried out on the territory within a radius of 1 kilometer from the place of cutting down, destruction or damage of trees on the site by the specified authorized body.
If there is no free space for compensatory planting within a radius of 1 kilometer from the cutting site, the territory of compensatory planting is indicated by the authorized body in writing.
In case of forced felling of trees, compensatory planting is carried out on public lands with the involvement of an organization engaged in landscaping, care and maintenance of green spaces.
36. After the completion of the work on compensatory tree planting, individuals and legal entities shall inform the authorized body in writing about the performance of the work according to the plan of compensatory planting.
37. In accordance with the letter of guarantee, individuals and legal entities, within two years (the period of survival of a tree seedling) from the moment of compensatory planting, carry out measures for the maintenance and protection of seedlings, in accordance with the sub-paragraphs 4), 5), 6), 7) and 8) of paragraph 8 of these Rules.
38. After two years, individuals and legal entities that have carried out compensatory planting, together with the authorized body, draw up an act of tree survival and transfer it to the balance of the local executive body of the corresponding administrative-territorial unit for further maintenance.
By the authorized body, the trees that have taken root are included in the register of green spaces.
39. In the event of the death of planted seedlings during compensatory planting, the persons in whose interests the cutting was carried out or the organization will re-plant the green spaces and provide further measures for the maintenance and protection of them for two years (the period of survival of the tree seedling), from the moment of re-planting.
Chapter 3. Final provisions
40.Internal affairs bodies, akims of cities of district significance, settlements, villages, rural districts, as well as authorized bodies in the field of forestry, fishing and hunting are responsible for monitoring compliance with these Rules and taking measures within their competence.
41. Individuals and legal entities who have committed a violation of these Rules are held liable in accordance with the current legislation of the Republic of Kazakhstan.
Appendix 1
to the Rules for the maintenance and protection
green spaces in the territories
of cities and settlements
of the Aktobe region
Form
Register of green spaces as of January 1, _ _ _ _
Distribution of the area of objects (plots) of green spaces by land categories, vegetation types and functional purpose
City / locality
Administrative region: (code) ___________________
Responsible owner: _________________________
Register of green spaces
Appendix 2
to the Rules for the maintenance and protection
of green spaces in the territories
of cities and settlements of the Aktobe region
Form
To the head of the local
executive body
(regions, cities of Nur-Sultan,
Almaty and Shymkent, district,
city of regional significance)
___________________________
(Last name, first name, patronymic
(if any) the name
of the state body) from
___________________________
(Last name, first name, patronymic
(if any) - for
an individual/
name of the organization
– for legal entities and (or)
by proxy)
(IIN/BIN)
Address
__________________________
(legal address or place
of residence) contacts
__________________________
(email address, phone number)
Letter of guarantee
__________________________________________________________________
(name of individual or legal entity)
guarantee to produce compensatory tree planting in the amount of _____ pieces
___________ rocks instead of trees in the amount of _______ pieces, _________________
breed that will be cut down to ____________________________________at:
(the reason is indicated)
__________________________________________________ according to the act of inspection
of green spaces from "" 20__of the year.
In the event of the death of the planted seedlings, it guarantees to re-plant.
Within two years from the date of compensatory planting, guarantees to carry out measures for the maintenance and protection of seedlings, in accordance with the sub-paragraphs 4),5), 6), 7) and 8) paragraph 7 of the Rules for the maintenance and protection of green spaces and after two years to transfer them to the balance of the local executive body on the basis of the act of survival of trees. ___________________________________________________________________
(name of an individual or legal entity)
It is informed that for violation of the rules of maintenance and protection of green spaces, it will be responsible in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
Date: "___" ____________ 20__ d.
___________________________________________________________________________
Full name and signature of the manager (seal if available)