of March 20, 2015 No. 235
About approval of Standard rules of content and protection of green plantings, rules of improvement of the territories of the cities and settlements and Rules rendering the state service "Issue of permission to cutting down of trees
According to subitem 23-15) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:
1) Standard rules of content and protection of green plantings according to appendix 1 to this order;
2) Standard rules of improvement of the territories of the cities and settlements according to appendix 2 to this order;
3) Rules of rendering the state service "Issue of Permission to Cutting Down of Trees" according to appendix 3 to this order.
2. To provide to development department of infrastructure of economy of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
It is approved
Minister of Energy of the Republic of Kazakhstan
April 2, 2015
______________ V. Shkolnik
to the Order of the Minister of national economy of the Republic of Kazakhstan of March 20, 2015 No. 235
1. These Standard rules of content and protection of green plantings (further - Standard rules) are developed according to subitem 23-15) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" and determine standard procedure for content and protection of green plantings.
Action of Standard rules does not extend to the green plantings growing on sites of the state forest fund and especially protected natural territories of republican and local value, the territories of the individual apartment house, on seasonal dachas.
2. Rules of content and protection of green plantings, are developed by local executive bodies based on these Standard rules.
3. In these Standard rules the following concepts are used:
1) improvement - set of works (on engineering training and safety of the territory, the device of roads, development of communication networks and constructions of water supply, sewerages, power supply, the device of coverings, lighting, placement of small architectural forms and objects of monumental art, gardening designing, decrease in noise level, improvement of microclimate, protection from pollution of the air basin, open reservoirs and the soil) and services (on clearing, cleaning, sanitary cleaning to drainage and gardening of the territory), performed for the purpose of reduction of this or that territory in the condition suitable for construction and normal proper use, creation of healthy, convenient and cultural living conditions of the population;
2) cutting down of trees - the work on cutting down of trees which is carried out on permission of authorized body according to Item 159 of appendix 2 to the Law of the Republic of Kazakhstan "About permissions and notifications" (further - the Law on permissions);
3) change of trees and green planting - work on change of trees and green planting, performed on sites determined by authorized body;
4) the dendrology plan - the schematic document of placement of green plantings, with indication of quantitative and specific structure of the wood and shrubby vegetation existing and designed to landing of green plantings, in combination with open sites of lawns, platforms, paths, reservoirs, taking into account building zone;
5) the earth of general use - the lands occupied and intended for occupation by the squares, streets, sidewalks, drives, roads, embankments, parks, squares, the city woods, boulevards, reservoirs, beaches, cemeteries and objects intended for satisfaction of needs of the population (engineering systems public);
6) rejuvenescence - strong shortening of skeletal and semi-skeletal branches, thinning and regulation of escapes, scrap of trunk at height is at least 3,5 of meters at the adult trees suitable for rejuvenescence with the healthy boles and trunks which lost the decorative qualities owing to drying of tops and branches;
7) green array - the planted trees and shrubs territory numbering at least 50 copies of trees in the territory is at least 0,125 of hectare, irrespective of specific structure;
8) green plantings - wood and shrubby and grassy vegetation of natural origin and artificially landed which according to the civil legislation are real estate and constitute single city green fund;
9) destruction of green plantings - the damage of green plantings which entailed their death;
10) content and protection of green plantings - system of the legal, administrative, organizational and economic measures directed to creation, preserving and reproduction of green plantings (including compensation recovery of green plantings instead of cut down), the planted trees and shrubs territories and green arrays;
11) preserving green plantings - the complex of actions directed to preserving especially valuable breeds of the plantings getting under spot of improvement and construction works;
12) forest pathological inspection of green plantings - special inspection on availability of wreckers (insects), identification of availability of signs and centers of diseases, defeat signs fungal diseases (parasites) of trunks, root system and krone. If plantings are struck with diseases more than for 50 (fifty) %, then they are subject to obligatory cutting down;
13) inventory count of green plantings (poderevny recouples) - complex of actions for accounting of subjects to gardening with the detailed description of quantity and quality characteristics, and also graphical display of each element of gardening on planned basis;
14) the register of green plantings - the code of data on types, specific structure, the area size, condition and arrangement of green plantings;
15) the individual apartment house - the house intended for personal (family) accommodation, located on the farmstead site and which is in property of the citizen together with economic and other structures and green plantings;
16) illegal cutting down - the cutting down of trees performed without the permission of authorized body;
17) the planted trees and shrubs territories - the land area on which vegetation of natural origin, artificially created landscape gardening complexes and objects, boulevards, squares, lawns, flower beds is located;
18) the organization for gardening - the physical person or legal entity based on the agreement performing activities for gardening, content, works on leaving of green plantings and the planted trees and shrubs territories public in the territory of the settlement;
19) lawn - element of improvement (land area) including the grassy cover and other plants protected from the sidewalk, parking pockets, parking and other elements of the road with curbstone and (or) decorative barrier;
20) works on leaving - care of the soil, underground and elevated part of plants (top dressing, watering, loosening, sanitary and preventive actions and other actions);
21) forced cutting down - cutting down of trees, without approval of authorized body in case of liquidation of emergency and emergency situations;
22) the plan of compensation landing - the plan of planting of trees which underwent to cutting down, including quantitative part, pedigree structure, amount, calendar terms of landing, and also the graphical scheme of placement of landings with binding to planned basis;
23) compensation landing - landing instead of the cut-down trees on the special sites determined by authorized body according to the dendrology plan;
24) journey - the road element providing entrance of vehicles to residential and public buildings, organizations, the companies, subjects to building in residential districts, quarters, settlements;
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