Nanchang City Administrative Measures For The Development And Utilization Of Urban Underground Space

Original Language Title: 南昌市城市地下空间开发利用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399573.shtml

Nanchang city administrative measures for the development and utilization of urban underground space

    (October 25, 2013, Nanchang city people's Government Executive meeting of the 14th November 25, 2013 151th Nanchang city people's Government release as of March 1, 2014) Chapter I General provisions

    First in order to strengthen the development and utilization of urban underground space management, rational development and utilization of urban underground space resources, in accordance with the People's Republic of China real right law and the People's Republic of China town and country planning Act and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second this approach applies to the urban planning area of underground space development, utilization and management.

    Laws, rules and regulations of civil air defense, disaster prevention and mitigation, protection of cultural relics, mineral resources and other related provisions of underground space, from its provisions.

Article underground space in these measures refers to the space below the surface in the area of urban planning, including underground space and underground space.

With underground space refers to the same subject together with surface buildings of underground space development and construction.

    Single refers to the independent development of underground space underground space.

    Fourth article should follow the same plan of urban underground space development and utilization, development, a balance between civil air defense and rational use, safe use, according to the management principle, adhere to the social, economic, environmental and operational benefits combined.

    Fifth of municipal people's Government the establishment of development and utilization of urban underground space coordinating bodies to address the major issues of development and utilization of urban underground space, coordinate and supervise the relevant departments to perform their duties of supervision and management.

Sixth of municipal land and resources departments to implement these measures, and is responsible for the supervision and management of urban underground space development and utilization of land.

Urban and Rural Planning Department is responsible for the supervision and management of urban underground space development and utilization planning.

Municipal building departments responsible for supervision and management of urban underground space construction projects construction.

City housing departments responsible for the supervision and management of urban underground space building to register for work.

City civil air defense departments responsible for the supervision and management of urban underground space development and utilization relating to civil air defense.

    Other relevant departments shall, in accordance with their respective responsibilities, supervision and management of urban underground space development and utilization.

    Article seventh encourages the use of a sole proprietorship, joint venture, joint-stock and other forms of exploitation and utilization of urban underground space.

    Chapter II plan

Article eighth of urban and Rural Planning Department shall, in conjunction with land and resources, people's air defense and other departments according to the needs of urban development, development and utilization of urban underground space planning.

    Development and utilization of urban underground space planning should be dovetailed with the special plans and other special plans for civil air defense, and reflected the vertical hierarchical three-dimensional comprehensive development, horizontal space connected, coordinated with ground construction of underground engineering principles.

    Nineth compilation of urban underground space development and utilization planning, arrange ground transportation, electric power facilities, water supply, communications, fire, public safety, waste management, urban drainage, urban infrastructure and public services.

Article tenth urban underground space development and utilization planning should include the following:

(A) present situation analysis and development of urban underground space development and utilization strategies, zoning, transportation systems and land use scale and layout;

(B) prohibitions, restrictions and appropriate scope of underground space;

(C) environmental protection and people's air defence requirements;

(D) disaster prevention and mitigation measures;

    (E) the provisions of other laws, rules and regulations.

    11th city controlled detailed planning and detailed construction plan shall conform to the requirements of urban underground space development and utilization planning.

    Chapter management 12th development of urban underground space should be made use of land for construction of the underground.

    Access to underground construction land, shall comply with the overall urban planning, land use planning and development and utilization of urban underground space planning requirements.

13th with underground space construction projects underground building land with building land be made on the ground.

Single underground underground space construction projects construction land obtained in the following ways:

(A) for people's air defense, disaster prevention and mitigation, urban infrastructure and public service facilities, consistent with the list of allocated land underground space construction projects, underground construction land use right according to law by the allocation of acquisitions;

(B) for commercial, financial, tourism, entertainment, and management of underground space construction projects, its underground construction land use right according to law to take the bidding, auction and listing transfer achieved;

    (C) construction of underground traffic engineering and underground development of construction project management of underground space, underground construction land be assigned by agreement holder of underground construction projects has been made.

14th with underground space use of land for construction of underground building construction land use right along with the ground handling procedure.

Single underground underground space construction projects construction land use rights for land in accordance with the following procedures:

(A) to transfer, agreement to sell access to underground construction land, in accordance with the building regulations of the land on the ground;

    (B) through bidding, auction and listing transfer by way of underground construction land, City Department of land and resources planning, formulating each bidding, auction and listing of underground space grant programme, submitted to the municipal people's Government for approval before implementation.

15th with underground space construction projects construction land use right transfer rights of price or lease price calculation, shall be separately formulated by the municipal Bureau of land resources authority, submitted to the municipal people's Government for approval. Single built underground space construction engineering of construction with to right allocated interests price or leasing, can layered calculation, take allocated way for to of, its negative a layer allocated interests price according to with lots ground designated pulled interests price of 10% charged, negative two layer allocated interests price according to with lots ground allocated interests price of 5% charged, negative three layer and the following from received allocated interests price; take transfer way for to of, its transfer upset (starting price) shall not below with lots ground construction with to right assessment price of 20%,

    The calculated standard, enacted separately by the Department of land resources in the city, submitted to the municipal people's Government for approval. 16th the development and utilization of urban underground space, the construction unit shall apply in accordance with regulations issued by the planning permission.

With underground space construction projects construction planning permission planning permission procedure, along with the ground clearance be handled.

Construction of underground space planning permission procedure according to the following procedure:

(A) provide transfer access to underground construction land use right and urban planning departments should be made and issued by the project site submissions and planning permit for construction purposes;

    (B) to provide underground construction land use right transfer, issued by the competent authority under the controlled detailed planning of urban and rural planning planning conditions for the transfer of land and resource administration organization, the construction unit with State-owned construction land transfer contracts to urban planning departments in accordance with the law license of construction land use planning.

17th deals with the construction of urban underground space development and utilization of land and urban planning departments in the selection report or a statement issued by planning conditions, should seek the advice of the competent departments for civil air defense.

    Issued by the competent authorities in the planning of urban and rural planning conditions, urban underground space should be clearly the nature, scope of horizontal and vertical space, building scale, public facilities requirements, import and export settings required, and so on.

    18th article urban and rural planning competent sector in made city underground space construction engineering planning license Shi, should clear underground built (frame) built real is located, and space range, and level projection coordinates, and start depth, and total layer number, and vertical to elevation, and level projection maximum area, and area, and uses, and public channel, and out entrance of location, and underground space Zhijian of connected requirements, and property with room, public facilities with room area and specific location, content.

    Article 19th made use of land for construction of the underground development of urban underground space, it shall be applied to the land and resources department in charge of land registration, certificate of entitlement to land.

    The fourth chapter construction management 20th construction units in the construction planning permission and other related approved documents, to the building departments to apply for construction permits.

    With underground space construction projects should be applying for construction permits in conjunction with projects on the ground.

    21st urban underground space construction projects shall comply with the relevant requirements, standards and specifications to meet the underground space for fire safety, civil air defense, environmental protection, waterproofing and drainage, facilities operation and maintenance aspects of the use, function and design of entrances shall be coordinated with ground construction.

    22nd construction of urban underground space engineering survey, design, construction, supervision should be assumed by the unit with appropriate qualifications.

23rd construction of urban underground space should be ground in and around existing buildings, municipal facilities, civil air defense projects, cultural relics, ancient trees, public green space of security.

    Construction of urban underground space in underground connecting engineering, first built reserve underground connecting engineering unit shall, in accordance with the professional norms of the interface, then unit should be responsible for the performance of subsequent underground connectivity obligation.

    Article 24th after completion of the construction of urban underground space, the construction unit shall organize the design, construction, supervision and other units for acceptance, after acceptance, construction engineering archives should be submitted to the competent construction Department and the relevant departments, and in accordance with the provisions of the transfer.

    The fifth chapter registration

25th building urban underground space right holder shall take the land use right certificate, planning permit and acceptance data apply to departments of real estate registration of underground space building.

Not included in floor area ratio of urban underground space of the buildings is not registered.

    Urban underground space building of specific measures for such registration shall be separately formulated by the municipal real estate authority. 26th urban underground space building register shall register and indicated in the certificate of ownership "underground buildings" belonging to people's air defense works, you should indicate the "people's air defense works", and record peacetime uses, its location and size determined by the competent departments for civil air defense.
Without authorization, no unit or individual is allowed to change the use of civil air defense works.

    27th with underground space building should be merged with the ground for initial registration.

Underground space building should be independent of initial registration registration.

    Underground public parking lot and public facilities construction, not for Division registration and segmentation of the transfer.

    The sixth chapter the use of management

    28th underground space building not for sale, shall be identified by the initial registration ownership before they can sell or rent.

    29th due to public interest, government expropriation and requisition in accordance with law of urban underground space, urban underground space right holder shall cooperate.

    30th underground space right holder, using underground space for day-to-day management and maintenance of buildings and facilities, protect the openness of the public channels and entrances, underground space, identity management, and urban infrastructure maintenance units for routine maintenance related facilities.

    31st city underground space right, users shall establish and improve the safety responsibility system for the use of underground space, take steps to prevent fires, floods, explosions, various pollution and harm to human health.

    Article 32nd and war of urban underground space, usually when used shall conform to the relevant provisions of the management of civil air defense works, military requirements should obey the unified scheduling.

    The seventh chapter legal liability

    33rd building units or units, in violation of these rules and related land resources, urban and rural planning, construction, property management, civil air defense regulations, will be punished according to law by the relevant authorities.

    Article 34th land and natural resources, urban planning, construction and real estate management, civil air defense and other departments and their staff in management of urban underground space development and utilization of dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws 35th article of the rules take effect on March 1, 2014.