Laws of the Shanghai Province

(Promulgated on September 14, 2001 by Decree No. 107 of the Shanghai Municipal People' s Government)

Article 1 (Purpose and Basis)

With a view to strengthening the planning and administration of the construction of pipe-and-line-works in this Municipality and improving the infrastructural facilities of this Municipality, these Procedures are formulated on the basis of the "Regulations of Shanghai Municipality on City Planning" and relevant laws, rules and regulations, and with full consideration of the actual circumstances of this Municipality.

Article 2 (Definition)

The term pipe-and-line-works used in these Procedures refers to the municipal public pipe-and-line-works installed underground or on / above the ground for water supply, storm drain, sewage, gas, power, information and etc., and special pipe-and-line-works for heating power, oils, chemicals, and so on.

Article 3 (Scope of Application)

These Procedures are applicable to the pipe-and-line-works in the administrative area of this Municipality to be newly constructed, reconstructed, and / or extended, with the exception of construction of the pipe-and-line-works that is to form a complete set within the scope of the land used for buildings and structures.

Article 4 (Administrative Department)

The Shanghai Municipal City Planning Administration Bureau (hereinafter called Municipal Planning Bureau) is the administrative department in charge of the planning of the pipe-and-line-works of this Municipality. District/county competent administrative department of planning shall be responsible for the planning and administration of the pipe-and-line-works in their administrative areas according to its stipulated duties and is professionally led by the Municipal Planning Bureau.

Other relevant administrative departments of plan, economics, information, municipal administration, water affairs, greening, and communications of this Municipality shall coordinate in the implementation of these Procedures in accordance with their respective duties.

Article 5 (Principles of Administration)

The construction of pipe-and-line-works shall be in compliance with the requirements on city planning, townscape and city appearance, and the construction of overhead lines along the urban roads shall be strictly controlled.

The pipe-and-line-works and the projects of urban roads, highways and the construction items along the lines shall be overall planned, comprehensively balanced, unifiedly arranged and with coordination.

Article 6 (Professional Systematic Planning and Detailed Planning of Pipe-and-line-works)

All relevant competent departments of this Municipality shall organize and make professional systematic planning for the pipe-and-line-works according to the overall city planning subject to the comprehensive balance by the Municipal Planning Bureau.

The preparation of detailed city planning shall be in coordination with the professional systematic planning of the pipe-and-line-works and unified arrangement shall be made on all pipe-and-line-works and their accessory facilities.

Article 7 (Control of Planning of Road Pipe-and-line-works)

The Municipal Planning Bureau and the district / county planning departments shall organize and make overall plan on road pipe-and-line-works through integration with the construction of urban roads and highways and on the basis of the professional systematic planning and detailed urban planning for the pipe-and-line-works.

To carry out the construction of the pipe-and-line-works within the planned red line of urban roads and highways shall meet the requirements of the overall planning of road pipe-and-line-works. The pipes and lines shall run parallel with the planned red line of urban roads and highways and shall be laid straight.

No underground pipe-and-line-works shall be laid and buried within the planned red line of expressway and fast lane of Grade A highway.

Article 8 (Planning and Arrangement of the Position of Road Pipe-and-line-works)

When the construction of pipe-and-line-works is carried out within the planned red line of urban roads and highways, the position arrangement of pipe-and-line-works shall follow the provisions below:

1. Sewage pipes, gas pipes, power ducts and power cables shall mainly be laid and buried to the east and the south of the center line of the planned red line;

2. Storm drainage, water supply pipes, information conduits and information cables shall mainly be laid and buried to the west and the north of the center line of the planned red line;

3. Storm drainage, sewage pipes and tunnels of comprehensive pipes and lines shall be laid and buried under the fast lanes;

4. Water supply pipes, gas pipes, power pipes and information conduits shall be laid and buried under the slow lanes;

5. Power cables, information cables, water distribution pipes and gas distribution pipes shall be laid and buried under the pavements;

6. Water service pipes, the main pipes of combined sewer and special pipes of heating power, oils, chemicals and etc. shall be laid and buried under the greenery (wood) land; and

7. Power supply wires of more than or equal to 35 kilovolts shall be erected over the greenery (wood) land.

The construction of all kinds of pipe-and-line-works shall be controlled in their corresponding positions planned and arranged and shall not occupy the positions planned for other pipes or conduits.

Article 9 (Handling Crisscross Underground Pipes)

The following provisions shall govern the crisscross underground pipe-and-line-works in planning:

1. Less important pipes and lines shall yield to more important pipes and lines;

2. Flexuous pipes and lines shall yield to less flexuous pipes and lines;

3. Pressure pipes and lines shall yield to gravity pipes and lines;

4. Pipes and lines with lower technical requirements shall yield to pipes and lines with higher technical requirements; and

5. Temporary pipes and lines shall yield to permanent pipes and lines.

Article 10 (The Control of Planning of Overhead Lines)

No new overhead line-works except the aerial contact lines that shall be installed overhead for rail and tram passenger transport shall be constructed in the areas listed below in this Municipality:

1. The key city, new city and key town;

2. Civil airports, main railway stations for passengers, and main passenger ports;

3. Tourist sightseeing areas, cultural and historical spots; and

4. Other places stipulated by the Municipal Government.

Article 11 (Requirements on Planning the Overhead Lines Installation)

The installation of overhead power cables and information cables beyond the specified scope of Article 10 of these Procedures, shall use the single pole for multiple loops along the two sides of urban roads, highways, and rivers, and avoid spanning across the urban roads, highways, and rivers.

The poles and towers supporting the overhead lines shall be arranged neat and regular and installed solid in order to meet the requirements of the city appearance and landscape. Newly constructed overhead lines shall be installed by sharing the existing poles supporting overhead lines so as to avoid increasing poles and towers provided relevant safety and technical requirements are met.

Article 12 (Requirements on the Pipes Passing Bridges and Tunnels)

According to the requirements on planning, the newly constructed or extended bridges and tunnels shall reserve in advance room for pipes passing them. Pipes for power cables and information cables shall be laid and buried in advance under the sidewalk of the bridges and tunnels.

The pipes and lines that go through the bridges or the tunnels shall comply with relevant technical norms, and ensure the safety, regular repairs and maintenance for the bridges and tunnels, and shall not impair the city appearance.

Article 13 (Technical Standards of Pipes and Lines)

The depth of the pipes and lines installed underground, the height of overhead lines, the horizontal intervals and vertical intervals for all kinds of pipes and lines, and the distance of pipes and lines from the buildings, structures, trees and woods shall follow the relevant State technical standards.

Article 14 (Relevant Coordination Measures)

The construction unit of pipes and lines shall solicit the opinion of the relevant units, and consult with them so as to take appropriate protective or safety measures, when the pipe-and-line-works need to go through the urban roads, highways, railways, subways, civil defense facilities, river courses, and greenery (wood) land or shall involve in the safety of fire fighting, control of headroom and protection of trees (woods).

Article 15 (Handling Restrictions on Construction Conditions)

In case these Procedures can not be implemented owing to the restrictions on construction conditions of pipe-and-line-works, the Municipal Planning Bureau or district/county planning departments shall coordinate with relevant departments and make jointly a decision as how to handle.

Article 16 (Scope of Application for Suggestions on Selecting the Site of Construction Project and Permit of Planning of Construction Use Land)

In any of the following cases regarding the construction of pipe-and-line-works, the pipe-and-line-works construction unit shall apply for the suggestions on selecting the site of construction project and the permit of planning of construction use land according to the relevant stipulations:

1. There is need to use land; or

2. There is need to change the purpose of the land use originally planned.

Article 17 (Scope of Application for the Permit of Planning of Construction Project)

When a pipe and line construction unit carries out the construction of pipe-and-line-works, it shall apply for the Permit of Planning of Construction (Pipe-and-line-works) project according to relevant stipulations, but with the exception of any of the following cases:

1. Partial replacement of the underground pipes without change in pipe position and axis and caliber;

2. Additional installation of overhead power distribution lines of no pressure rise and below 35 kilovolts beyond the scope of the provision of Article 10 of these Procedures by utilizing the originally erected poles and towers;

3. Installation of temporary pipes and lines within the limits of the construction site as required by the construction of the project; or

4. Installation of cross-country pipes and lines as required by the agricultural production.

Article 18 (Examination and Verification by Relevant Administrative Department)

Pursuant to the relevant stipulations of laws, rules and regulations, the construction of pipe-and-line-works that need to be examined and verified by relevant administrative departments prior to the application for the Permit of Planning of Construction (pipe-and-line-works) Projects, shall be examined and verified by relevant administrative departments.

Article 19 (Materials Required for Applying for the Suggestions on Selecting the Site of Construction Project)

When applying for the Suggestions on Selecting the Site of Construction Project, the applicant shall complete relevant application forms and the following materials shall be submitted:

1. Proposals on Pipe-and-line-works or Feasibility Study Report; and

2. Typographic map affirmed by the municipal surveying and mapping administrative departments.

Article 20 (Materials Required for Applying for the Permit of Planning of Construction Use Land)

When applying for the Permit of Planning of Construction Use Land, the applicant shall complete relevant application forms and the following materials shall be submitted:

1. Suggestions on Selecting the Site of Construction Project;

2. Written approval on Pipe-and-line-works Project;

3. Design scheme for pipe-and-line-works; and

4. Typographic drawings affirmed by the municipal surveying and mapping administrative departments.

If the construction of pipe-and-line-works needs land for temporary use, the applicant shall submit the materials required in the preceding clause when applying for the permit of planning of land for temporary use.

Article 21 (Materials Required for Application for the Permit of Planning of Construction Project)

When applying for the Permit of Planning of Construction (pipe-and-line-works) Project, the applicant shall complete relevant application forms and the following materials shall be submitted:

1. Written approval on Pipe-and-line-works project;

2. Illustration of the design of pipe-and-line-works;

3. Floor plan of the pipe-and-line-works with detailed specified technical parameters;

4. Written remarks from relevant administrative departments and units in cases of the situations named in Articles 14 and 18 of these Procedures;

5. The Permit of Planning of Construction Use Land and the Written Approval of Construction Use Land in case of the situations named in Article 16 of these Procedures; and

6. An agreement made with a qualified surveying and mapping unit on tracking the measurements of the underground pipes and lines in case of constructing underground pipes and lines.

In addition to documents specified in the first clause of this article, drawings of both cross section and longitudinal section of pipes and drawings of accessory facilities of the pipes and lines shall be submitted in case of constructing power pipes, information cables with over 24 interfaces and 500mm-caliber pipes for water supply and gas.

In case of constructing poles and towers supporting ultra-high transmission lines and special pipes and lines, structure drawings and base drawings of line towers and racks shall be provided in addition to the materials specified in the first clause of this article.

In case of constructing tunnels for comprehensive pipes and lines, all the materials listed in the Clauses 1,2 and 3 of this article shall be submitted.

Article 22 (Procedures for Changing Planning Requirements)

The pipe and line construction unit shall carry out the construction of pipe and line project according to the requirements made on the Permit of Planning of Construction (pipe-and-line-works) Project and the verified design and approved documents. Any unauthorized change shall be prohibited. If there is an actual need for any change, approval of such change by the original examining and approving administrative department of city planning shall be obtained.

Article 23 (Procedures for Examining and Approving Road Digging)

If the construction of pipe-and-line-works requires the digging of urban roads and highways, the construction unit of pipe-and-line-works shall go through the formalities of examination and approval for digging of road with the municipal administrative department of public works.

With the exception of the cases listed in Article 17 of these Procedures, the municipal administrative department of public works shall not approve road digging of those who do not hold the Permit of Planning of Construction (pipe-and-line-works) Project.

Article 24 (Lofting Re-examination)

The construction unit of pipe-and-line-works shall loft on site according to the requirements on the Permit of Planning of Construction (pipe-and-line-works) Project prior to ground breaking of the pipe-and-line-works and shall apply to the original examining and approving and administrative department of city planning for re-examination on the lofting. The construction of the pipe-and-line-works can only begin after passing the re-examination.

The Municipal Planning Bureau and district/county competent administrative departments of planning may entrust the Municipal Surveying and Mapping Department to organize the lofting re-examination.

Article 25 (Tracking Measurements of Underground Pipes and lines and Diagram Preparation of Completion of Work)

The construction unit of the pipe-and-line-works or their contractors shall, after the ground breaking of the underground pipe-and-line-works, entrust a qualified surveying and mapping unit to track the measurements of the underground pipes and lines and shall prepare the Diagram of Completion of underground pipes and lines prior to the completion of underground pipe-and-line-works.

The tracking measurements of the underground pipes and lines and the preparation of diagram of completion of work shall be in compliance with relevant State and local technical standards.

Article 26 (Check and Acceptance of Planning Inspection and Submission of Archive of Completion of Work)

The construction unit of pipe-and-line-works shall apply to the department of city planning that originally examined and approved the works for check and acceptance of planning after the completion of the pipe-and-line-works. The construction unit of the pipe-and-line-works shall submit, after the completion of the pipe-and-line-works, archive of completion of work of the pipe-and-line-works to the filing management department of urban construction free of charge according to relevant stipulations.

Article 27 (Time Limit and Requirements on Examination and Approval)

The Municipal Planning Bureau and the district/county city planning department that accept the relevant application regarding the construction of pipe-and-line-works in accordance with these Procedures shall complete the examination and approval within the time limit stipulated in the "Regulations of Shanghai Municipality on City Planning" . Relevant certificate shall be issued to the applicant that has been examined, verified and approved, and a written reply and an explanation shall be given to the applicant that has been examined and verified but not approved.

Article 28 (Legal Liabilities)

Any act in violation of these Procedures shall be handled, according to the relevant stipulations set forth in the "Regulations of Shanghai Municipality on City Planning" , by the Municipal Planning Bureau or district/county city planning department.

Article 29 (Reconsideration and Lawsuit)

If the party concerned does not accept the specific administrative acts done by the administrative departments, he may apply for administrative reconsideration pursuant to the "Law of the People' s Republic of China on Administrative Reconsideration" or bring legal action according to the "Administrative Litigation Law of the People' s Republic of China" .

Article 30 (Implementation Date and Repeal)

These Procedures shall become effective on November 1, 2001, and the "Procedures of Shanghai Municipality on the Planning and Administration of Pipe-and-line-works" promulgated by Shanghai Municipal People' s Government on June 7, 1988 shall be repealed at the same time.