Article 21-2(Special Cases concerning Developing Activities in Sites for Urban Parks) #
(1) When a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency (referring to cases of donation not less than 70 percent of the area of a park), he or she may build facilities, other than park facilities, (referring to facilities allowed to be installed in a greenbelt area, residential area, and commercial area; hereinafter referred to as "non-park facilities") on the site following donations or in the underground space thereof, if the following standards are fully satisfied: <Amended on Jan. 20, 2015>
1. The gross area of an urban park shall be more than 50,000 square meters;
2. Essential functions and the whole scenery of the relevant park shall not be destroyed;
3. Types and scales of non-park facilities shall be a building or a structure which has undergone deliberation of the relevant local urban planning committee (where facilities are built in the underground space of a site for an urban park, limited to a building or a structure that can be built in the relevant specific use area);
4. Facilities shall meet the standards prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun.
(2) Where necessary to move forward with the project to create the urban park, the park management agency may have facilities directly related to a project to create the relevant urban park, such as access roads and overpasses, be built in an area other than an urban park in a scope of value that corresponds to 10 percent of the area of a site for urban park donated in consultation with a private park promoter. <Newly Inserted on Jan. 20, 2015>
(3) Where a private park promoter intents to build facilities under paragraph (2), the park management agency shall adjust the area of a site for an urban park corresponding to building expenses for such facilities from the donated area of a site for an urban park. <Newly Inserted on Jan. 20, 2015>
(4) The park management agency shall not request that a private park promoter build facilities not directly related to a project create an urban park. <Newly Inserted on Jan. 20, 2015>
(5) When a private park promoter intends to build non-park facilities in the underground of a site for an urban park pursuant to paragraph (1), divided superficies shall be established. <Amended on Jan. 20, 2015>
(6) A private park promoter may perform a project for creating an urban park under paragraph (1) jointly with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, as prescribed by an agreement referred to in paragraph (12). In such cases, land purchasing expenses shall be borne by a private park promoter. <Amended on Jan. 20, 2015>
(7) Where a private park promoter purchase the site for an urban park under the latter part of paragraph (6), he or she may utilize the deposit pursuant to Article 21 (4). <Newly Inserted on Jan. 20, 2015>
(8) Where a private park promoter donates an urban park built pursuant to Article 21 (1) to the park management agency, he or she may perform supplementary projects pursuant to Article 21 of the Act on Public-Private Partnerships in Infrastructure. <Amended on Jan. 20, 2015>
(9) Notwithstanding Article 29 (1) of the National Land Planning and Utilization Act, where deemed necessary for a site for non-park facilities among the urban park under paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may decide to change urban or Gun management planning, such as the release of the relevant urban park and change of a use area. <Amended on Apr. 14, 2011; Jan. 20, 2015>
(10) The Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may decide on the creation of other urban or Gun planning facilities (referring to urban or Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act) in the underground of a site for such urban park together, to the extent that such facilities does not interfere with the utilization of an urban park. <Amended on Apr. 14, 2011; Jan. 20, 2015>
(11) Articles 19 (5) and 24, and Article 65 of the National Land Planning and Utilization Act applied mutatis mutandis pursuant to Article 99 of the same Act shall not apply to non-park facilities built pursuant to paragraph (1) and the site therefor. <Amended on Jan. 20, 2015>
(12) When a private park promoter builds an urban park under paragraph (1), he or she shall enter into an agreement regarding the following subparagraphs with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun: <Amended on Jan. 20, 2015>
1. The timing of donation;
2. In the case of joint performance pursuant to paragraph (6), the method of performance including division of duties, such as approval, permission and purchase of land;
3. Detailed types and scales of non-park facilities;
4. The location of a site where non-park facilities are built.
(13) The Minister of Land, Infrastructure and Transport may provide necessary support, such as providing standards agreement under paragraph (12). <Amended on Mar. 23, 2013; Jan. 20, 2015>
[This Article Wholly Amended on Sep. 16, 2011]