Appendix
to the decision of the regional maslikhat
dated "__" __ 2022 No. __
Appendix
to the decision of the regional maslikhat
dated December 11, 2015 No. 349
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 subparagraph 23-15) of Article 20 of the Law of the Republic of Kazakhstan "On architectural, urban planning and construction activities in the Republic of Kazakhstan" and determine the procedure for the maintenance and protection of green spaces.
The Rules do not apply to green spaces growing in areas of the state forest fund and specially protected natural areas of republican and local significance, territories of an individual residential building, in summer cottages.
1) landscaping - a set of works (on engineering preparation and ensuring the safety of the territory, road construction, development of communication networks and facilities for water supply, sewerage, energy supply, installation of coatings, lighting, placement of small architectural forms and objects of monumental art, designing landscaping, reducing noise levels, improvement of the microclimate, protection from pollution of the air basin, open water bodies and soil) and services (clearing, cleaning, sanitary cleaning, drainage and planting of greenery) carried out in order to bring this or that territory into a condition suitable for construction and normal use for its intended purpose, creation of healthy, comfortable and cultural living conditions for the population;
2) cutting down trees - work on cutting down trees, carried out with the permission of the authorized body in accordance with paragraph 159 of Appendix 2 to the Law of the Republic of Kazakhstan "On Permits and Notifications" (hereinafter referred to as the Law on Permits;
3) replanting trees and green spaces - work on replanting trees and green spaces, carried out in areas determined by the authorized body;
4) dendrological plan - a schematic document for the placement of green spaces, indicating the quantitative and species composition of the existing and planned planting of green spaces of tree and shrub vegetation, in combination with open areas of lawns, sites, paths, reservoirs, taking into account the building zone;
5) public land - land occupied and intended for occupation by squares, streets, sidewalks, driveways, roads, embankments, parks, squares, city forests, boulevards, reservoirs, beaches, cemeteries and objects intended to meet the needs of the population (engineering systems for general use);
6) rejuvenation - a strong shortening of skeletal and semi-skeletal branches, thinning and regulation of shoots, pruning of the trunk at a height of at least 3.5 meters in mature trees suitable for rejuvenation with healthy boles and trunks that have lost their decorative qualities due to the drying of tops and branches;
7) green massif - a landscaped area with at least 50 trees on an area of at least 0.125 hectares, regardless of species composition;
8) green spaces - trees, shrubs and herbaceous vegetation of natural origin and artificially planted, which, in accordance with civil law, 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 ones), green areas and green massifs;
11) preservation of green spaces - a set of measures aimed at preserving especially valuable species of plantations that falling under the stain of landscaping and construction work;
12) forest pathology examination of green spaces is 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 (recalculation by trees) – a set of measures to account for landscaping objects with a detailed description of quantitative and qualitative characteristics, as well as graphical representation of each element of landscaping on a planned basis; 14) реестр зеленых насаждений – свод данных о типах, видовом составе, размере площади, состоянии и расположении зеленых насаждений;
15) individual residential house – a house intended for personal (family) residence, located on a manor plot and owned by a citizen together with household and other buildings and green spaces;
16) illegal felling – felling of trees carried out without the permission of the authorized body;
17) 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;
18) landscaping organization - a natural or legal person, on the basis of a contract, carrying out activities for landscaping, maintenance, maintenance of green spaces and green areas of common use on the territory of a locality;
19) lawn is an element of landscaping (a plot of land), including a grassy cover and other plants, fenced from the sidewalk, parking pockets, parking lots and other road elements with a curb stone and (or) decorative fencing;
20) care work – care of the soil, underground and aboveground part of plants (fertilizing, watering, loosening, sanitary and preventive measures and other actions);
21) forced felling – felling of trees, without the consent of the authorized body in the liquidation of accident and emergency situations;
22) 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 layout of planting with link to the planned basis;
23) compensatory planting – planting in place of cut down trees in special areas determined by the authorized body in accordance with the dendrological plan;
24) passage – an element of the road that provides driveway for vehicles to residential and public buildings, institutions, enterprises, development objects inside neighborhoods, quarters, settlements;
25) 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, posing a threat to road safety);
26) 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;
27) sidewalk – a road element intended for pedestrian traffic, adjacent to the carriageway or separated from it by a lawn or a ditch system;
28) the authorized body is a structural subdivision of the local executive body that performs functions in the field of regulation of maintenance and protection of green spaces;
29) crown formation – the 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;
30) 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);
31) adjacent territory – the territory (within 5 meters along the perimeter), directly adjacent to the boundaries of buildings, structures, fences, construction sites, to objects of trade, advertising and to objects owned, owned, leased, on the balance sheet of legal entities or individuals.
Chapter 2. Maintenance and protection of green spaces
preservation of ecological balance;
maintaining an optimal temperature regime, including in summer;
maintaining the air humidity mode;
adsorption of polluted air (exhaust gases, sewage, fires, the smell of accumulated municipal waste and other sources of air pollution);
absorption, purification, other elimination of pollution and other forms of negative impact on a certain territory;
decorative and aesthetic, the formation of a favorable living environment. 7. Measures to protect and improve the green fund and the environment are carried out by citizens, officials and legal entities, in accordance with the requirements of these Rules.
Chapter 3. The procedure for maintaining documentation
on the accounting of green spaces
inventory and forest pathology examination of green spaces located within the boundaries of the accounting object;
filling in the act of survival of green spaces, in the form according to Annex 4 to these Rules;
maintaining a register of green spaces;
development of a dendrological plan.
1) accounting and obtaining reliable data on the number, species composition and condition of green spaces;
2) determination of the main directions of the settlement's policy in the field of protection, preservation of green spaces and development of green areas;
3) providing reliable information to the population and interested persons about the number, condition of green spaces and the environment in the locality;
4) analysis of the state of green spaces on the territory of the settlement;
5) creation of a unified information base for effective management of green spaces in public areas, including the establishment of compliance of the number of green spaces with current building and sanitary standards;
6) regulation of works on the maintenance of green areas, major repairs and reconstruction of them;
7) identification of owners of green areas and establishment of responsible legal entities and individuals for their safety and condition;
8) organization of rational use of green areas of the city;
9) development of landscaping projects, care plans, recommendations on the maintenance, care and use of green spaces.
The first part consists of a cartographic image on which each green space is assigned an ordinal number and is accompanied by a recalculation sheet. In the cartographic image, in addition to green spaces, open areas of lawns, playgrounds, paths, reservoirs are displayed, taking into account the development zone and common areas, including streets, roads (carriageway).
The second part is descriptive, which specifies the identification characteristics of the greening object, the identification characteristics of the dendrological plan, the quantitative and species composition of the growing green spaces, describes the terrain, the composition of the soils on which the green spaces grow, indicating the marks:
for cutting (sick, dried);
under the transplant;
not affected.
Chapter 4. Measures for the maintenance and protection of green spaces
1) replacement of soil in planting pits and trenches, planting of green spaces and care for them;
2) loosening of the soil with the device of trunk holes, cutting hedges, raising the stem of trees, removing overgrowth;
3) arrangement of flower beds, lawns, weeding, mowing grass, shelter in winter;
4) watering of green spaces throughout the growing season, in hot and dry season watering is carried out with greater frequency;
5) crown formation;
6) rejuvenation, carried out based on the biological characteristics of woody and shrubby vegetation with the preservation of skeletal and semi-skeletal parts;
7) fertilization;
8) pest control and diseases of green spaces;
9) sanitary pruning of emergency, dry-resistant trees and shrubs, uprooting of stumps;
10) organization of monitoring of the state of green spaces;
11) stripping and sealing of hollows, processing of places of cuts with oil paint.
1) on public lands - by an authorized body;
2) in parks and squares is assigned to the owners or to a person authorized by the owner;
3) on the territory of industrial enterprises and other property objects, as well as on the designated and assigned territory – is assigned to the owners or users of these objects;
4) in the territories allocated for construction and installation work - is assigned to the customer.
1) install fencing of construction sites, taking into account that trees and shrubs remain outside of them. Individual protection is built around each tree or group of trees left on the construction site, ensuring that the trunk and crown of the tree are preserved from damage. In order to preserve the woody and shrubby vegetation, partial pruning of low and wide crowns, binding of trunks, binding of the crown of shrubs is allowed;
2) it is not allowed to use preserved trees as posts for attaching fences, lamps and other objects and causing damage;
3) it is not allowed to expose the roots of trees and cover the trunk circles with earth, construction materials and garbage;
4) during the reconstruction and construction of roads, sidewalks and other structures in the area of existing green spaces, it is not allowed to change vertical markings against existing ones. In cases where backfilling or exposure of the root system is unavoidable, the projects and estimates provide for appropriate devices to preserve the normal growth conditions of trees;
5) parking of cars on lawns, storage of building materials, draining of fuels and lubricants, sewage is not allowed;
6) access roads and places for the installation of cranes are located outside of green spaces and do not violate the established tree fences;
7) excavation work in the root system area of trees and shrubs is carried out below the location of the main skeletal roots, without damaging the root system;
8) preserve the upper vegetable soil in all areas of new construction, remove it and burtovanie at the edges of the construction site. The overburdened plant soil is used for landscaping of territories and (or) is transferred to the organization for landscaping.
Chapter 5. Work plan of the authorized body for landscaping the territories of the settlement
1) determination of the volume of felling of the proposed deadwood, indicating the address (location), type of green space, its characteristics (trunk diameter, height, condition, etc.);
2) determination of the volume of new green spaces planned for a specific site (type and name of the green space, planting dates);
3) determination of the site plan where compensatory green spaces will be located with the definition of the type and its characteristics, planting dates;
4) determination of the volume of uprooting of stumps, indicating the location, volume (quantity).
Chapter 6. The procedure for cutting down trees
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 the facilities of engineering improvement and engineering networks;
4) improvement of the territory of existing facilities and bringing them into 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.
The authorized body does not issue a permit for cutting down green spaces listed in the List of Rare and Endangered Species of Plants and Animals approved by the Decree of the Government of the Republic of Kazakhstan dated October 31, 2006 No. 1034 (hereinafter - the List).
the fall of trees, as well as their branches, poses a threat to human life and health, damage to buildings and structures, engineering communications and networks;
road safety obstacles, including those blocking the visual overview of road signs, in the case when the road sign cannot be moved.
Chapter 7. The procedure for planting, transplanting and compensatory planting of trees
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.
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.
| Appendix 1 to the rules for the maintenance and protectionof green spaces in the territories of cities and settlements of the Aktobe region |
|
| Form |
Register of green spaces as of January 1, ____ year
Distribution of the area of objects (plots) of green spaces by
land categories, vegetation types and functional purpose
City/locality
Administrative area: (code) ___________________
Responsible owner: _________________________
Register of green spaces
| Table | |||||||||||||||||
| Inventory item no./ passport No. of green space | Functional purpose of land (category of plantings) | Woody vegetation | |||||||||||||||
| Single trees, pieces | Groups, curtain, piece | Groves gardens, pieces | Linear plantings, pieces | Total, pieces | |||||||||||||
| Shrubby vegetation | |||||||||||||||||
| Single, pieces | Hedges, running meter | Ordinary landings, pieces | Group plantings, pieces | Total running meter/ pieces | |||||||||||||
| Open spaces | |||||||||||||||||
| Flower beds | Lawns | ||||||||||||||||
| Summer, meter 2 | Perennials, meter 2 | Container, штук | Plant pot, meter 2 | Rock garden, rockery, meter 2 | Total: meter 2/ pieces | Ground,meter 2 | Ordinary, meter 2 | On the soil cover, meter 2 | Total: meter 2/ pieces | ||||||||
Appendix 2to the rules for the maintenance and protectionof green spaces in the territories of cities and settlements of the Aktobe regionForm |
|||||||||||||||||
Act of inspection of green spaces
"___" ___________ 20__ year
| № | Breed composition of green spaces | Saved | Logging by permission | Logging without permission | ||||||
| pieces | age, years | barrel diameter, centimeters | pieces | age, years | barrel diameter, centimeters | pieces | age, years | barrel diameter, centimeters | ||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 1 | ||||||||||
| 2 | ||||||||||
| Total: | ||||||||||
| Total | ||||||||||
continuation of the table
| Transplantation, kronirovka (rejuvenation) | Sanitary pruning | Qualitative (actual) condition | The amount of damage compensation per unit | The amount of damage calculated by the amount of compensation for damage | Compensatory recovery, pieces | ||||
| pieces | age, years | barrel diameter, centimeters | pieces | age, years | barrel diameter, centimeters | monthly calculation index | Tenge | ||
| 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
This act is drawn up in ______ copies.
Note: The inspection report is not a document authorizing
the cutting down or replanting of green spaces.
Representative of an individual or legal entity
________________________________ signature (Full name) (seal if available)
Official of the authorized body
_____________________________________ signature (Full name) (seal if available)
| Appendix 3to the rules for the maintenance and protectionof green spaces in the territories of cities and settlements of the Aktobe regionForm | |
| To the head of the localexecutive body((regions, cities of Nursultan,Almaty and Shymkent, district,city of regional significance)___________________________(Last name, first name, patronymic(if any)name of the statebody)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 placeof residence)contacts ___________________(email address, phone number) |
Letter of Guarantee
__________________________________________________________________________
(name of an individual or legal entity)
guarantees to make compensatory planting of trees in the amount of ____ pieces,
___________ breeds within six months from the date of obtaining permission
to cut down trees, instead of trees in the amount of ______ pieces, _________ rocks
to be cut down for ____________________________________ at the address:
(the reason is indicated) ______________________________________________________
according to the act of inspection of green spaces from " " 20.
In case of death of the planted seedlings, it guarantees to re-plant.
Within three 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 26 of the Rules for the Maintenance and Protection of Green spaces and
after three years to transfer them to the balance of the local executive body
on the basis of the act the survival rate of trees.
__________________________________________________________________________
(name of an individual or legal entity)
is aware that for violation of the rules of maintenance and protection of green spaces
will be liable in accordance with Articles 381-1 and 386 of the Code
Of the Republic of Kazakhstan on administrative offenses.
Date: "___" ____________ 20__ year
______________________________________________________________
Full name and signature of the head (seal if available)
| Appendix 4to the rules for the maintenance and protectionof green spaces in the territories of cities and settlements of the Aktobe regionForm | |
The act of survival of green spaces
"___" _________ 20___ year
Address of planted green spaces: ______________________________________
| № | Name of an individual or legal entity | Date and number of the permit or approval | Number of felled trees, pieces | Number of transplanted trees, pieces | Total number of compensatory or initiative planting, pieces, breed | Condition | Number of seedlings to be restored, pieces | Note | |
| pressed, pieces | not caught on, pieces | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 1 | |||||||||
| Total: | |||||||||
Representative of an individual or legal entity
________________________________ signature (Full name) (seal if available)
Official of the authorized body
_____________________________________ signature (Full name) (seal if available)