Administrative Measures On Urban Underground Space Development And Utilization In Jinan City

Original Language Title: 济南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/201506/20150600399502.shtml

Administrative measures on urban underground space development and utilization in Jinan City

    (October 18, 2013 at the 36th Executive meeting of the Municipal Government of Jinan on October 25, 2013 Jinan municipal people's Government announced order No. 250, come into force on December 1, 2013) Chapter I General provisions

    First to strengthen management of urban underground space development and utilization to promote land saving and intensive use, in accordance with the People's Republic of China Law on real right, the People's Republic of China Law on urban and rural planning and the People's Republic of China land administration law and the People's Republic of China people's air defense law, laws and regulations, combined with the city's actual, these measures are formulated.

Second city planning, development and utilization of underground space in the region managed to apply this approach.

    Laws and regulations on national defense, cultural relics protection and urban underground space development and utilization of underground pipelines provide otherwise, from its provisions.

    Article underground space in these measures refers to the space below the surface in the area of urban planning (hereinafter referred to as the underground space).

    Fourth underground space development should follow the same planning, development and management according to law, the principle of safe and efficient, legal, scientific, comprehensive utilization, the paid use.

    Fifth underground space development should focus on combining with spring protection, coordination with urban development and achieving social, economic, and operational efficiency and environmental benefits of organic unity.

Sixth municipal leadership to the development and utilization of urban underground space management.

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

Municipal departments in charge of land and resources development and utilization of underground space in land management.

Construction of city underground space in urban construction departments are responsible for the supervision and management of the project.

City civil air defense departments responsible for the development and utilization of civil air defense works and supervision and management.

    Fiscal, price, housing management, law enforcement and other authorities in accordance with their respective responsibilities, common good management of underground space development and utilization.

    Seventh to encourage and support enterprises, institutions, social groups and individuals, through investment in development and utilization of underground space in many ways.

    Chapter II administration of planning

    Eighth of municipal urban planning departments should be formulated in conjunction with the municipal sector such as civil air defense underground space development and utilization planning.

Nineth compilation of underground space development and utilization planning, shall give priority to the mass transit railway, municipal engineering, civil air defense facilities, and delineation of the underground railway, tunnel works of underground space control.

    Should include the development of comprehensive development and utilization of underground space development and utilization planning strategies, functional zoning, land use, land distribution, transportation systems, tunnel, prohibitions, restrictions and appropriate construction of underground space range, environmental protection, protection of springs, safety measures, and so on.

Tenth underground space development plan approved by the municipal people's Government promulgated for implementation.

    Development and utilization of underground space planning approved by the law, and no unit or individual without legal process shall not be changed.

    11th of municipal urban planning departments shall, together with the people's air defense, land and resources, municipal utilities, transportation and other departments to produce annual construction of urban underground space planning, clear the overall layout of underground space development and utilization, development, nature, development intensity and so on.

    12th underground space development and utilization project includes development and construction projects (hereinafter referred to as a single underground space project) and the development and construction of the project in conjunction with surface construction (hereinafter referred to as knot underground space project).

13th Dan Jian underground space should be in accordance with law, urban planning departments to apply for planning permission procedures.

    Knot underground space should be built together with surface buildings, urban planning departments to apply for planning permission procedures.

14th planning permission for construction of underground space should be clear of underground space use the nature, scope, and scale of development and public service requirements.

    Underground construction project planning permit should be clearly the underground building (structures) horizontal coordinates, vertical height, maximum horizontal projection area, area, function, public access and access locations, connected between the underground space requirements, and so on.

    Chapter management

15th the development and utilization of underground space in underground construction land use right shall obtain. Underground construction land should be compensated.

Consistent with the allocation criteria and approval of the law combined with underground except for the protection construction of surface buildings.

    Underground construction land use right transfer fees paid in accordance with the relevant provisions of this city.

    16th underground transportation project construction land use right according to law by agreement of all obtain underground transportation project development management of underground space use of the land.

    17th Dan Jian underground space project procedures in accordance with the relevant laws and regulations; with underground space project procedures handled in conjunction with surface construction projects. Article 18th with the approval of underground rail facilities within the scope of urban underground space, without changing the premise of its purpose and its use, could be implemented by way of marketization of land development.

    Development proceeds should be used for the development of underground rail.

    The fourth chapter projects

    19th underground space development and utilization of underground space construction projects should be in line with plans and annual plans for construction projects should be designed to meet the underground space on the environment, security and facilities operation and maintenance requirements, function and design of entrances shall be coordinated with surface construction.

    20th underground space should be in accordance with the project construction and management regulations, standards and norms.

21st Dan Jian underground space after project construction units shall obtain a construction permit, before construction.

    Knot underground permit space projects, should be handled in conjunction with surface engineering.

    22nd units of underground space should civil air defense projects, municipal utilities, surface and surrounding buildings and facilities, cultural relics, ancient trees and springs protection areas of conducting the necessary investigations, record, contingency measures to ensure their safety.

    23rd underground space construction projects involving underground connecting engineering, surface or subsurface construction land use right shall be matched to ensure connectivity works comply with design specifications.

Article 24th Dan Jian underground spaces upon completion of the project, the construction unit shall, through the urban and Rural Planning Department planning and verification, acceptance of party organizations.

With underground space project should proceed together with the surface engineering planning, verification and acceptance.

    After project completion and acceptance of underground space, the construction unit shall hand over the completed drawings, urban construction departments archive.

    The fifth chapter of civil air defense works

    25th article this approach by said people air defense Engineering (following referred to civil defense engineering), is refers to for guarantees wartime personnel and material masking, and people air defense command, and medical ambulance, and separate built of underground protection building (following referred to single built civil defense engineering) and combined surface building built of underground protection building (following referred to knot built civil defense engineering) and the underground space utilization both people air defense need of engineering.

    Article 26th city civil air defense departments shall, jointly with the municipal urban planning departments, based on the exploitation of underground space planning, professional development of civil air defense planning and defense engineering construction planning.

    27th new buildings should be based on the percentage of not less than the total floor area of 8% on the ground junction civil air defense projects.

    28th with civil air defense projects of the resistance levels and relative to the feature specifications by the competent departments for civil air defense, according to the national and provincial provisions. Article 29th in new buildings because of conditions cannot produce civil air defense projects, the construction unit shall pay the off-site construction fees.

Off-site construction fees should be earmarked.

    Off-site construction fee collection standards in accordance with the relevant provisions of the State and province. Article 30th underground space in Dan Jian construction should take into account people's air defense needs.

    Taking into account specific needs of civil air defense and the resistance level, wartime function specifications by the competent departments for civil air defense, according to the overall protection requirements.

31st article Dan Jian civil air defense works must conform to the construction of urban underground space planning, according to law after the competent departments for civil air defense projects, according to the capital construction procedures relevant formalities.

Single build civil air defense project construction units to apply for land for construction of underground space planning permission shall submit the written observations of the competent departments for civil air defense. Junction civil air defense projects should be handled in conjunction with surface construction projects and planning, land use and construction permits and other formalities.

    Without the competent departments for civil air defense, and urban and rural planning, urban and rural construction, fire departments may not go through the relevant formalities.

    Before the 32nd air defense project construction should start to the civil air defence engineering quality supervision agency to apply quality control procedures.

33rd building units and construction units should be in accordance with the design papers approved.

    Design files really necessary changes shall be approved by the Department.

After completion of the 34th people's air defense, the construction unit shall organize the design, construction, project management and other units for final acceptance.

    Acceptance of civil air defense engineering, construction should be completed in the 15th drawings and related information submitted to the competent departments for civil air defense, filing and transfer of municipal urban construction departments archive.

    35th construction units in the process of completion and acceptance of acts in violation of the relevant provisions on administration of construction project quality, municipal departments for civil air defense shall be ordered to reorganize acceptance; unqualified acceptance, to order the rectification; refusing to after the correction or rectification is not qualified, the employer shall pay a change fee.

Article 36th Dan Jian ownership of civil air defense projects, determined in accordance with the following provisions: (A) the allocation made use of underground space in land ownership belongs to the State.

Among them, the construction of social investment, determined by the competent departments for civil air defense consultations with investors and used the term, and to enter into a written contract.

    (B) to transfer access to use of land for construction of underground space, owned by investors. 37th as approved by law with civil air defense projects, ownership belongs to the State.
Without permission, no unit or individual may unlawfully transferred, leased.

    38th State-owned civil air defense projects by the competent departments for civil air defense as one of the owners, housing management Department for initial registration, to other registration procedures for civil air defense projects, by the owner in accordance with the law.

    39th national civil air defense engineering business management approaches by the competent departments for civil air defense, together with the departments of finance, price separately. 40th air defence engineering management of the rental, the owner shall sign written contracts with lessees or users.

    From the date of contract signing in the 5th, owner or occupier shall be to the place of work of civil air defense departments and municipal housing management Department. 41st civil air defense projects shall establish and improve maintenance management system, formulate contingency plans for the walkthrough.

    Found safety problems should be processed in a timely manner and report to the local competent departments for civil air defense. 42nd article of any units and individuals are not allowed to change main structure of civil air defense projects or dismantle civil air defense projects.

Be removed, shall be subject to approval of the competent departments for civil air defense, and by dismantling units in accordance with the same degree of protection and building area completed renewal or replacement value of the compensation.

    Approved refused to fill after the demolition of civil air defense works built or dismantles civil air defense projects, the city complement the competent departments for civil air defense shall order the period construction or construction fee payment easy.

    The sixth chapter legal liability

43rd under any of the following acts, by City law enforcement departments will be punished according to law:

(A) has not received a construction permit unauthorized started the underground space construction projects;

    (B) the construction drawing design documents without reviewing unauthorized construction or were not in accordance with the review of construction drawing design document of construction. 44th article not according to construction engineering planning license of provides construction civil defense engineering of, by Chengguan law enforcement sector ordered stop construction; can take corrected measures elimination on planning implementation of effect of, by Chengguan law enforcement sector ordered deadline corrected, and at construction engineering cost 5% above 10% following of fine; cannot take corrected measures elimination on planning implementation of effect of, Chengguan law enforcement sector should ordered deadline demolition, cannot demolition of, confiscated real or illegal income,

    Fines may be construction cost 10%.

    Article 45th unapproved, unauthorized transfer, lease of State-owned civil air defense projects, the rectification of the financial sector, and individuals of less than 500 Yuan more than 1000 Yuan fine, the unit fines of less than 20,000 yuan and 30,000 yuan.

    46th approved refused to fill after the demolition of civil air defense works built or unauthorized removal of civil air defence works, given to parties by the city law enforcement Department warned, can be fined a maximum of 5,000 yuan for individuals and the unit and fined a maximum of between 50,000 yuan and 10,000 yuan.

    The seventh chapter by-laws

    47th article of the implementation of the measures for civil air defense projects have been completed before registration, you can refer to these measures.

    48th in each County (City) of underground space development and utilization of management can be performed in accordance with the measures. 49th article of the measures shall take effect on December 1, 2013. July 4, 2001 city, Jinan City, announced by the people's Government of the people's air defense construction regulations (municipal 181th) repealed simultaneously.