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Title: Rural Rejuvenation Act CH
Announced Date: 2010-08-04
Category: Council of Agriculture(行政院農業委員會)
CHAPTER 2 Rural Planning and Rejuvenation
Article 8
The competent authorities at the municipal and the city/county levels shall consult with local government at township level to prepare a mass plan of rural rejuvenation for their jurisdiction areas, and submit to the central competent authority for approval.
Preparation of the above mass plan of rural rejuvenation shall hold a public reading, and a public hearing if necessary.
Article 9
Local organizations and associations within rural community shall discuss each other and prepare a rejuvenation plan of rural community according to residential needs of community, and recommend each other a legally registered organization or association as community organization representative (thereafter referred to as the community organization representative) to submit the rural rejuvenation plan to the competent authorities at municipal and county/city levels for approval.
When there are disputes against the community organization representative or more than two rural rejuvenation plans, proposed with the same community area before the plan is approved, the competent authorities at the municipal and the city/county levels shall assist the community to reorganize or decide by vote.
The aforementioned rural rejuvenation plan of paragraph 1 shall include integrated environmental improvement of rural community, public facilities construction, individual housing modification, industrial revitalization, cultural preservation and reuse, ecological conservation, land use planning, vision of public facilities deployment and subsequent management/maintenance, fiscal plan,and other items proposed by the community for developing local distinguishing identities.
Article 10
When received the application of article 9, the competent authorities at the municipal and the city/county levels shall make known openly to the public for plan reading and expressing their opinions; the public opinions shall be included and referred in the consideration for approval.
Regulations governing the application approval procedure, time and location for public reading, dispute disposing, reviewing procedure, implementation method, management and maintenance, inspection method, subsidization standard and other necessary items shall be formulated by the central competent authority.
The competent authorities at all levels shall grant a subsidy priority to the rural rejuvenation plans approved by the article 9 and paragraph 2 of this article (thereafter referred to as approved rural rejuvenation plan), which are enclosed with a community covenant.
Article 11
The competent authorities at the municipal and the city/county levels shall formulate annual action plan of rural rejuvenation in accordance with the mass plan of rural rejuvenation stated by article 8 and the approved rural rejuvenation plan, and submit to the central competent authority for subsidy application and setting their implementation items and priority.
The said subsidy application shall not include the costs of land acquirement.
Article 12
The subsidy of competent authorities at all levels to the integrated environmental improvement of rural community and public facilities construction stated in the paragraph 3 of article 9 may include following categories:
1. reconstruction of traditional rural roads and dilapidated irrigation facilities within rural community,
2. health care and other service facilities of rural community,
3. piped water and facilities for reusing water resources,
4. water/soil conservation and disaster prevention facilities,
5. traditional building, cultural heritage, ponds and ecological conservation facilities,
6. spatial reuse, image shaping, environmental greening and landscape maintenance facilities,
7. sidewalk, bikeway, community road, waterway and parking lot,
8. park, green area, square, sport, cultural and landscape recreation facilities,
9. sewage, waste collection, and resource recycling facilities
10. internet and information infrastructures, and
11. other facilities designated by the central competent authority.
Article 13
The subsidy of competent authorities at all levels to the individual housing modification, stated in paragraph 3 of article 9, shall comply with following principle:
1. Subsidy to housing construction or modification shall be limited to the houses with legal register.
2. Application of subsidization items shall be limited to the ones facilitating the integrated landscape improvement of rural community, and the housing modification for internal structure shall not be included in the subsidies.
3. Subsidy priority shall be assigned to the items reducing concrete facilities and implementing ecological engineering.
4. Subsidy priority shall be assigned to the houses established with the design ideas of green architecture and low carbon emission.
5. Subsidy priority shall be assigned to the eligible owners who demolish their houses located in conservation zone and other building prohibition zone stated by law, and move to live in the rural community.
6. subsidy priority shall be assigned to the eligible people who demolish their farmhouse dotted in rural area and move to live in the rural community.
The regulations with respect to applicant eligibility, necessary certificates, application procedures, subsidization standard, permission condition and procedure, inspection mechanism and other related regulation shall be formulated by the central competent authority.
Article 14
The competent authorities at all levels may subsidize to the industrial vitalization stated in the paragraph 3 of article 9, but the subsidy shall be limited to the agriculture-related sectors.
Article 15
The competent authorities at the municipal and the city/county levels may prepare, in accordance with land use feature and rural rejuvenation plan, a plan of rural rejuvenation and development area for land use zoning control and public facility allocation within the areas which had carried out the rural rejuvenation plan.
Article 16
The competent authorities at the municipal and the city/county levels shall hold a public hearing as preparing the plan of rural rejuvenation and development area stated in the article 15. But it is necessary to hold a legislative hearing as required by more than half of the whole adult residents who registered in the community area of rural rejuvenation and development plan. Related opinions and proceedings of legislative hearing shall be submitted together with book and map of the plan of rural rejuvenation and development area to the central competent authority for approval.
The regulations with respect to preparation and change procedure of the plan of rural rejuvenation and development area, public hearing procedure, time and location of public reading, necessary certificates, areas, conditions, reviewing, approving and other related regulations shall be formulated by the central competent authority.
Article 17
Land uses within the rural rejuvenation and development areas shall be managed in accordance with the content of the plan of rural rejuvenation and development area.
The regulations with respect to land use controls within the rural rejuvenation and development areas, acknowledge standard, land use density, architecture landscape, management and inspection manner, reviewing procedure and other related regulations shall be formulated by the central competent authority in concert with the concerned central authorities of building and construction and land administration.
Article 18
The competent authorities at all levels shall encourage, in accordance with the integrated development requirements of rural community, to extensively plant trees within the area of rural community, and establish green belt with ecological and buffering functions.
Article 19
The public lands within rural community area owned by governments at all levels and the lands within rural community area owned by Farmer Association, Fishman Association, Agricultural Irrigation Association and state-run enterprises may be reused and revitalized in accordance with the rural rejuvenation plan.
Article 20
In order to manage and maintain the public facilities, buildings and landscapes of the approved rural rejuvenation plan, the community organization representative may commonly promulgate a community covenant.
Article 21
The community covenant of article 20 shall be governed by following provisions and submit to the competent authorities at the municipal and the city/county levels for future reference; its amendment procedure is same:
1. public facilities: it is required to get agreements of entire owners, representatives or managers related to the public facilities.
2. buildings: it is required to get entire agreements of owners related to the buildings.
3. landscape: it is required to get agreements of entire owners related to the landscape.
The successor of building owners aforementioned in the preceding paragraph shall request to read or photocopy the community covenant before accepting the succession, and act in accordance with the rights and obligations written in the community covenant after accepting the succession.
The preparation and change procedure of community covenant, exemplar document, time and location of public reading, resolution manner of convention, dispute disposing, procedure of submitting to the competent authorities at the municipal and the city/county levels for future reference, and other related regulations shall be formulated by the central competent authority.
Article 22
Once the community covenant is granted by the competent authorities at the municipal and the city/county levels for future reference, to the violators of community covenant, the community organization representative shall, in advance, advise the violators to correct their wrong doing against the community covenant. If the wrong doing involve other related law provisions, the community organization representative may request the related authorities to dispose with their laws.
Article 23
For implementing the construction of rural community, the central competent authority shall establish inspection and guidance institution, and may reward to the individuals, organizations or institutes with outstanding performance in implementing the construction of rural community.
The regulations with respect to the reward shall be formulated by the central competent authority.
Article 24
The central competent authority shall carry out a general survey and analysis to current rural development, and establish evaluation indicators for the rural quality of life.
The central competent authority may, according to the survey and analysis of preceding paragraph, enforce the improvement, planning and construction of rural production infrastructures and living functions of individual rural community.