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Procedures of Shanghai Municipality on the Drafting and Approval Process in Detailed City Planning

Procedures of Shanghai Municipality on the Drafting and Approval Process in Detailed City Planning
 
(Promulgated by the Shanghai Municipal People's Government on October 30,1998)
    
    
     Article 1 (Purpose and Basis)
     These Procedures are formulated, in accordance with the City Planning Law of the People's Republic of China and the Regulations of Shanghai Municipality on City Planning, in order to standardize the drafting, examination and approval process in detailed city planning, enhance the scientific spirit of city planning and promote the well-coordinated development of economy, society and environment.
     Article 2 (Scope of Application)
     These Procedures apply to the drafting, examination and approval process of detailed city planning within the administrative area of Shanghai.
     Article 3 (Definitions)
     The detailed city planning, including the controlling detailed planning and the constructive detailed planning as mentioned in these Procedures, refers to the regional planning with concrete requirements in order to carry out the overall city specified planning.
     The controlling detailed planning refers to the planning made by the municipal, district and county people's governments in the light of the overall planning of different levels of the city and the objective of the economic and social development of the region as well as the environment construction, with specific controlling stipulations over the nature and the intensity of the use of land, the special environment, the municipal infrastructure, the public utilities and the protection of historical and cultural heritages.
     The constructive detailed planning refers to the planning made by the municipal, district and county people's governments in the light of the controlling detailed planning, with specific arrangements for the use of land of various kinds, the construction space, the allocation of afforestation, the organization of traffic, the municipal infrastructure, the public utilities and the protection of the buildings.
     Article 4 (Function)
     The controlling detailed planning, once approved, shall serve as the guidance of the drafting of the constructive detailed planning.
     The detailed city planning, once approved, shall serve as the basis of the administration of the city planning.
     Article 5 (Competent Authorities)
     The Shanghai Municipal City Planning Bureau (hereinafter referred to as the Municipal City Planning Bureau) is the competent administrative department in charge of the detailed city planning of the entire Municipality.
     Article 6 (Principles of Drafting, Examination and Approval)
     The following principles should be observed in the drafting, examination and approval of the detailed city planning:
     1. Persevering in the principles of taking people as the essential part and of sustainable development, safeguarding social and public interests, meeting such demands as fire-prevention, earth quake relief, flood-control and civilian defence, maintaining public security, public sanitation and the tidy appearance of the city and its landscape, improving the city's transportation and protecting the ecological environment, the historical style and features of the city;
     2. Taking as the basis the overall planning of the higher level that has been approved; in partial regions where the overall planning of the higher level is being adjusted, taking the planning proposed by the Municipal City Planning Bureau as the basis; and
     3. Combining the detailed city planning of the regions under old zone restructuring with the adjustment of industrial structure of the city and the adjustments of the layout, i.e., making adjustment of the rational use of land, controlling the number of the high-rises, reducing the building density, increasing the public green lungs, perfecting the municipal infrastructure and strengthening the comprehensive functions of the city.
     Article 7 (Contents of the Controlling Detailed Planning)
     The controlling detailed planning shall include the following major items:
     1. An analysis of the present situation of the region;
     2. The economic, social and environmental development objectives in the period of the planning;
     3. The nature and the boundary lines of different kinds of land for use, the types of buildings that are considered appropriate or inappropriate for construction or permitted to be constructed under certain conditions on different kinds of land;
     4. The controlling index of the construction height and density, the volume rate and the green lungs rate of each piece of land, and the provisions on the location of the entrances and exits for traffic, the public parking lot or garage, the red line on the road for the retreat of the vehicles during construction, the municipal infrastructure, the deployment of public facilities and the development of underground space;
     5. The layout of the buildings and the green lungs system, the arrangement of the road system and traffic, the control requirements of the city space and the control line of the planning for the facilities such as roads, waterways, railways, the major pipeline works, and the major microwave channels;
     6. The requirements for the protection of the cultural relics and the prominent historical architecture; and
     7. The other requirements that need to be specifically stipulated for other related pieces of land.
     The requirements for the city's landscape and the civilian defense works shall also be included if the construction is located in the important areas, important roads, sections, and the residential areas.
     Article 8 (The Constructive Detailed Planning)
     The constructive detailed planning shall include the following major items:
     1. An analysis of the construction conditions, a comprehensive analysis of its technology and economy, and an analysis of its environment of the areas to be developed;
     2. The layout of the buildings and the green lungs systems, the arrangement of the roads and traffic, the overall layout of other facilities and the planning and control index of each piece of land;
     3. The location of the space for the pipeline network of the specialized projects; and
     4. Vertical planning for the areas with varied topography or where the on-ground and underground spaces are closely connected;
     An analysis of the city's landscape and the concrete arrangement of the civilian defense works shall also be included if the construction is located in the important areas, road sections and the residential areas.
     Article 9 (Technical Stipulations)
     The drafting of the detailed city planning shall conform to the criteria and the technical stipulations of the state and the municipality with regard to the classification of the land and to the planning or the design, and the advanced planning method and technical devices shall be used.
     The technical stipulations of the detailed city planning in this Municipality shall be proposed by the Municipal Planning Bureau and then submitted to the Municipal People's Government for approval before implementation.
     Article 10 (Departments Responsible for Organizing the Drafting)
     The drafting of the detailed city planning in this Municipality shall conform to the following requirements:
     1. The drafting of detailed plans for construction projects in key areas and two sides of the major roads, and for construction projects that are of great influence to layout of the city shall be organized by the Municipal Planning Bureau;
     2. The administrative department in charge of the city planning of Pudong New Area shall organize the drafting of detailed plans for Pudong New Area, except for the Central Business District and the two sides along the Central Boulevard;
     3. The drafting of detailed city planning for ordinary areas of the central part of the city shall be organized by the district people's governments; or
     4. The drafting of detailed plan for Baoshan District, Jiading District, Minhang District, Songjiang District, and for the towns where the county people's governments are located and the towns of historical and cultural importance, and for the independent industrial towns and the municipal-level industrial parks shall be organized by the district or county people's governments concerned; the detailed plannings for other officially established towns shall be organized by the administrative departments in charge of city planning of the district or county people's governments, of these, the detailed planning for the officially established towns that are contiguous with the city proper, if the area plan or the overall plan of the town is in the process of being drafted or modified and therefore needs direct drafting, shall be organized according to the guiding suggestions of the Municipal Planning Bureau.
     Subject to the approval by the municipal or district or county administrative departments in charge of city planning, the development and construction unit concerned can entrust an organization having proper qualifications with the drafting of constructive detailed planning in accordance with the controlling detailed planning.
     Article 11 (Qualifications for the Drafting)
     Designing units that engage in the detailed city planning in the municipality must hold certificates for city planning and design of a corresponding status before they are allowed to undertake the relevant task.
     Non-local designing units must hold the certificates of professional qualifications issued by the administrative departments at the provincial level or above in charge of city planning, together with relevant materials, if they want to engage in the detailed city planning in the municipality, and they shall not engage in the relevant design until they submit an application to the Municipal City Planning Bureau and get its approval.
     Designing units from Hong Kong Special Administrative Region, Macao, Taiwan and foreign countries must, if they want to engage in detailed city planning in the municipality, have a unit with level A city planning qualifications as the advisory unit, and they must get approval from the Municipal City Planning Bureau before they are allowed to engage in the relevant design.
     Article 12 (Signing of the Planning and Designing Task Contract)
     The units organizing the drafting shall, according to the principles and requirements of the detailed city planning, sign a contract with the designing units for the planning and designing task.
     Article 13 (Investigation and Study)
     The planning and designing units, when drafting the detailed city planning, shall make an investigation and study of the history and this situation of the economical and social development, the natural environment and the city construction of the planning areas.
     Article 14 (Soliciting Opinions from All Walks of Life)
     The units organizing the drafting of detailed city planning shall solicit opinions about the designing scheme of preliminary planning from the administrative department of this profession and representatives from local units and delegates to the municipal, district, county, town or township people's congress; those suggestions that are not adopted shall be stated in the drafting report.
     Article 15 (Evaluation of the Proposal)
     After the preliminary planning and design proposals are drawn up, the units organizing drafting shall assemble the approving authorities, the organizations and the experts concerned for an evaluation of the proposal.
     Article 16 (Documents to Be Submitted for Approval)
     The following documents shall be provided when submitting detailed city planning for approval:
     1. The drafting report and its explanation;
     2. The text of the planning;
     3. The drawing of the planning; and
     4. Other relevant appendices.
     Article 17 (Approving Authorities)
     The detailed city planning of this Municipality shall be submitted to relevant organs for examination and approval according to their competence:
     1. The detailed city planning for construction projects in key areas and on both sides of major roads and for construction projects that are of great influence to the layout of the city shall be examined and approved by the Municipal People's Government;
     2. The detailed planning for Pudong New Area, except for the Central Business District and two sides along the Century Boulevard, shall be examined and approved by the Administrative Committee of Pudong New Area and be reported to the Municipal City Planning Bureau for the record;
     3. The detailed city planning for ordinary areas in the central part of the city shall be examined and approved by the Municipal City Planning Bureau; or
     4. The detailed city planning for Baoshan District, Jiading District, Minhang District, Songjiang District and for the towns where the county people's governments are located and for the towns of historical and cultural importance, and for the independent industrial towns and the municipal-level industrial parks shall be examined and approved by the district or county people's governments concerned; the detailed plannings for other officially established towns shall be examined and approved by the District or County People's Governments and be reported to the Municipal City Planning Bureau for the record, of these, the detailed planning for the officially established towns that are contiguous with the city proper, if the area plan or the overall plan of the town is in the process of being drafted, or modified and therefore need direct drafting, shall be examined and approved by the district or county people's government with the approval from the Municipal City Planning Bureau.
     Subject to the approval by the municipal, or district, or county administrative department in charge of city planning, the constructive detailed plans drafted by the organization that has the professional qualification for engaging in the relevant city planning and designing and is authorized by the development organization concerned to undertake the project, shall be examined and approved according to the stipulations stated above in this Article.
     Article 18 (Requirements for Examination and Approval)
     The approving authorities shall, upon receipt of the application materials of detailed city planning, solicit the opinions from the administrative departments concerned and organize relevant experts for evaluation.
     The experts participating in the evaluation of detailed city planning shall be selected from the lists approved by the Municipal City Planning Bureau.
     Article 19 (Time limit of the Examination and Approval)
     The approving authorities shall examine and approve the detailed city planning within 50 legal working days after receipt of the application materials. In case of approval, the approving authorities shall issue an official written reply, with seals imprinted on the text and the drawing of the planning attached to the approved documents.
     If the approving authorities find it necessary to modify the detailed city plans submitted, they shall make written modification suggestions to the applicant, and the modification period will not be included in the time limit of the examination and approval.
     Article 20 (Announcement of the Planning)
     The units organizing the drafting of the detailed city planning should announce the results to the public within 60 days after approval, except for those that involve State secrets.
     Any unit or individual person may look up any detailed city planning that has been already announced.
     Article 21 (Requirements for Reporting for the Record)
     According to these regulations, if the detailed city planning is to be reported to the Municipal City Planning Bureau for the record, the approving authorities shall submit to the Municipal City Planning Bureau the following documents within 15 days after approval:
     1. The approving documents;
     2. The text of the planning; and
     3. The drawing of the planning.
     Article 22 (Modification or Adjustment of the Planning)
     The detailed city plannings shall not be modified or adjusted without authorization.
     In case modifications or adjustments are needed with regard to the detailed city plans due to change in the economic and social objectives of the region or in the construction conditions, applications shall be made to the approving authorities and modifications or adjustments shall be made only after approval, and the submission for approval shall be made according to Article 17 of these Procedures.
     Article 23 (Sanctions Against the Wrongdoers)
     The examining and approving authorities shall not accept for examination and approval any detailed city plannings that are drafted in violation of the law or of the proceeding provided by these Procedures.
     The detailed city plannings that are illegally or improperly examined and approved or illegally altered shall be canceled by the Municipal People's Government or the Municipal City Planning Bureau, and the persons directly liable shall be given administrative punishment by the units they belong to.
     Article 24 (Application and Interpretation Authorities)
     The Municipal City Planning Bureau shall be responsible for the interpretation of the specific application of these Procedures.
     Article 25 (Effective Date)
     These Procedures shall become effective on February 1,1999.
    

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