Administrative Measures For The Development And Construction Of Urban Underground Space

Original Language Title: 沈阳市城市地下空间开发建设管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368227.shtml

Administrative measures for the development and construction of urban underground space

    (November 21, 2011, Shenyang city people's Government at the 56th Executive Meeting December 15, 2011, Shenyang city people's Government, the 32nd released since February 1, 2012) first in order to strengthen the construction and management of city underground space development, promote the rational development of underground space resources, in accordance with 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.

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

Article development and construction of urban underground space in the city management, these measures shall apply.

    Laws and regulations related to national defence, civil air defense, disaster prevention, cultural relic protection, mineral resources utilization of underground space, from its provisions.

Fourth municipal construction administrative departments in charge of the development and construction of urban underground space management, urban underground space development and construction of its governing body in charge of supervision and control.

    Development and reform, planning, land and resources, real estate, defense, environmental protection, urban construction, public security, safety, city administration and other relevant departments shall, in accordance with their respective responsibilities, good management of urban underground space development and construction.

    Fifth article should follow the development and construction of urban underground space resource conservation, urban infrastructure and public service priorities, taking into account safety and disaster prevention needs, the principles of overall planning, comprehensive development. Article sixth of urban underground space planning is an important part of urban planning.

Underground space development and utilization overall plan should be consistent with the overall urban planning and land-use planning and other professional people's air defense, coordinated planning. Controlled detailed planning should be based on master plan of urban underground space development and utilization of urban underground space development and utilization of specific provisions, clear scope of underground space development and utilization, the nature, the General layout, develop strength, access and connectivity, and so on.

    City planning, land and resources Administrative Department is responsible for organizing the preparation of development and utilization of urban underground space planning, regulatory detailed planning, after being considered by the municipal planning Committee submitted to the municipal people's Government for approval before implementation.

    Seventh of municipal construction administrative departments should be based on urban underground space development and utilization planning and urban construction, organization of urban underground space development and construction plan, submitted to the municipal people's Government for approval.

    Eighth development and utilization of underground space development and construction should be fully reflected in holistic and systemic, adhere to the plane partition, vertical stratification, basic principles of comprehensive utilization, realization of Unicom, with the floor space and an adjacent underground, underground pedestrian streets, subway stations and other important nodes should be fully connected, and gradually form a fully functional network system of underground space.

   Nineth construction of urban underground space development plan include the following:

   (A) the name, nature of the project and the construction time frame;

   (B) total investment, annual plans for investments, sources of funding;

   (C) the construction of the subject, content, scope and number of layers;

   (D) plans to implement specific requirements;

   (E) the scope of underground space of land;

    (Vi) other contents.

Article tenth of urban underground space development and utilization of urban underground space development and construction projects shall conform to overall planning and construction of urban underground space development plan, and shall obtain the land use of urban underground space. The use of underground space, except otherwise prescribed by laws and regulations, paid use of will be implemented. City planning and land resources administration departments according to the development and utilization of underground space planning and conditions of controlled detailed planning of underground space planning, organizing underground space construction land.

    Specific measures formulated by the Department of city planning and land resources administration. 11th urban underground space development and construction projects, urban underground space development and construction management, shall be subject to prior approval. Begun, should be in accordance with underground consistent principles capital construction program, according to the project, environmental protection, planning, land, building permits and other formalities.

    Has not obtained the construction permit, shall not commence.

    12th underground engineering survey and design, construction, installation, project management, test detection units should have the appropriate level of qualification. 13th underground before the project begins, the construction unit shall develop detailed construction plans, including duration of plans, processes, site layout, cash flow and other involved key parts of the construction plan of the adjacent property by experts.

    Underground works construction plan shall be submitted to the city underground space development and construction management agency records.

    14th underground engineering construction of road openings, closed to traffic, the construction unit shall with all network units, municipal and Department of transportation signed the demolition, occupancy agreements.

    15th article city underground space of units should take effective of security protection measures, science reasonable to coordination surface space and underground space of hosted, and vibration, and pollution, and noise and the adjacent buildings of security, shall not damage underground municipal pipeline function, shall not effect trees normal growth and green of using function, should reduced on ground traffic transport of effect, shall not hamper surface of planning function, shall not on other buildings, and structures and attached real caused against. 16th underground works equipment, equipment type, production should implement the uniform national standards.

    Fire-fighting equipment, the equipment shall be in accordance with national standards and industry standard, and regular inspection, maintenance and ensuring good working condition.

    17th underground engineering construction shall conform to applicable regulations, standards and norms.

18th urban underground space development and construction projects in accordance with the relevant provisions of the final acceptance; acceptance before they can deliver.

    After acceptance of urban underground space development and construction projects, the construction unit shall, within 3 months, complete the transfer of urban construction archives project files. 19th urban underground space development and construction projects should be integrated comprehensive supporting facilities.

Integrated facility construction of urban underground space development and construction management organization to co-ordinate their implementation.

    Urban underground space development and construction of urban infrastructure supporting fees shall be paid.

    20th underground space in urban land tenure and property ownership registration, in accordance with the provisions of the relevant laws, rules and regulations. Article 21st of development and construction should be introduced for the dynamic management of urban underground space, establish and perfect the construction of urban underground space development and credit information systems.

    Besides involving national security, confidential information, the underground space development and construction of information resources should be shared.

    22nd article violates these rules, the construction unit has not obtained the construction permit, unauthorized construction, by the city administration of departments be ordered to stop construction, correct within a contract 2% 1% more than the price of a fine.

   23rd violates these rules, the construction unit has one of the following acts, the construction Administrative Department shall order rectification, 4% over 2% the price of a fine project contract; losses caused shall bear liability for:

   (A) failing to organize acceptance, delivered without authorization;

   (B) unqualified acceptance, delivered without authorization;

    (C) the unqualified construction projects in accordance with the qualified acceptance.

    24th article violates these rules, after acceptance of urban underground space development and construction projects, construction unit was not handed over to the urban construction archives project files, by the municipal construction Administrative Department ordered corrective action and fines of between 10,000 yuan and 100,000 yuan.

    25th construction administrative departments and relevant competent administrative departments in the management of urban underground space development and construction activities in neglect, abuse, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 26th article this way come into force February 1, 2012.