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No. 302 Interim Administrative Measures of Wuhan City for the Development of Parking Facilities
The Interim Administrative Measures of Wuhan City for the Development of Parking Facilities, adopted upon deliberation at the 124th executive meeting of the Wuhan Municipal People’s Government on July 17, 2020, are hereby promulgated for implementation as of October 30, 2020.
Zhou Xianwang, Mayor
September 21, 2020
Interim Administrative Measures of Wuhan City for the Development of Parking Facilities
Chapter I General Provisions
Article 1 The Interim Administrative Measures of Wuhan City for the Development of Parking Facilities (hereinafter referred to as the “Measures”) is formulated in accordance with the Law of the People’s Republic of China on Urban and Rural Planning, the Construction Law of the People’s Republic of China, and other relevant laws and regulations in combination with the actual conditions of Wuhan City to standardize and promote the development of parking facilities.
Article 2 The Measures apply to the planning and development of motor vehicle parking facilities within the administrative region of Wuhan City.
For the purpose of the Measures, parking facilities refer to places and related facilities for motor vehicle parking, excluding parking spaces on urban roads.
Article 3 The development of parking facilities shall follow the principles of government leadership, market guidance, unified planning, social participation, and orderly development.
Article 4 The Wuhan Municipal People’s Government shall establish a coordination mechanism for the planning and development of parking facilities. It shall also study and solve major issues in the planning and development of parking facilities.
People’s governments at the district level (including the administration committees of development zones and the scenic area, hereinafter “people’s governments at the district level”) are subjects responsible for the development of parking facilities within their respective jurisdictions and for the organization of work related to such development.
Article 5 The natural resources and planning departments at the municipal and district levels are responsible for the planning and land use management of parking facilities.
The urban and rural development departments at the municipal and district levels are responsible for supervising and administering the development of parking facilities.
The finance departments at the municipal and district levels are responsible for the coordination of fund raising and investment, financing arrangements, and implementation of land acquisition and house demolition funds for the development projects of parking facilities invested in by governments.
The departments of development and reform, traffic management under public security organs, transport, city management law enforcement, and landscaping and forestry at the municipal and district levels are responsible for the relevant management of parking facilities within their respective jurisdictions.
Article 6 The Wuhan Municipal People’s Government and people’s governments at the district level shall expand investment channels for the development of parking facilities and guide diversified investment in the development of ecological parking lots, parking buildings, underground parking lots, mechanical three-dimensional parking garages, and other intensive parking facilities.
Chapter II Planning and Development of Parking Facilities
Article 7 The municipal natural resources and planning department shall, in concert with the municipal departments of traffic management under public security organs and transport, organize the formulation of special plans for urban parking facilities, which shall be promulgated for implementation upon the approval of the Wuhan Municipal People’s Government.
Article 8 A special plan for parking facilities shall scientifically determine the regional layout, development scale, medium- and long-term development planning, development time sequence, and other contents of parking facilities, with the consideration of the population size and density, land development status, total number of motor vehicles, road traffic bearing capacity, imbalance between parking supply and demand, and public transport service level.
Article 9 No entity or individual shall arbitrarily change an approved special plan for parking facilities. If a change of the plan is necessary, it shall be reported to the original examination and approval organ for approval, provided that the number of parking spaces will not be reduced.
Article 10 The urban and rural development departments at the district level shall, in accordance with the special plans for parking facilities, formulate annual development plans for public parking facilities at the corresponding level in concert with the departments of development and reform, finance, natural resources and planning, city management law enforcement, traffic management under public security organs, transport, and civil defense. Such departments shall also submit the same to people’s governments at the same level for implementation upon approval.
The annual development plan for public parking facilities shall include such information as the developer, responsible entity, land supply plan, development time sequence, investment scale, source of funds, and number of parking spaces.
Article 11 The land use and supply for parking lots shall be incorporated into a supply plan for state-owned land for development. The development scale shall be incorporated into this supply plan if supporting parking facilities are developed for newly-built buildings or parking facilities are developed with underground spaces, such as green spaces of parks and school sportsgrounds.
Article 12 Land for parking lots in conformity with the Land Allocation Catalogue (Order of the Ministry of Land and Resources No. 9) may be supplied by means of allocation; in case of non-compliance, paid use of the land shall be implemented in accordance with the law. For independently occupied land for the construction of new commercial public parking lots, if there is only one intended land user after the announcement of the use of a piece of land, the land can be supplied by agreement, and the agreed transfer price shall not be lower than the minimum price standard stipulated by the State.
Article 13 Land used for the construction of the supporting parking lots on commercial land such as land for industry, commerce, tourism, entertainment, and commodity houses shall be supplied by bidding, auction, or listing, and the base price or the reserve price shall not be lower than the minimum price standard stipulated by the State.
Article 14 A certain amount of land shall be determined for the development of public parking facilities when old town reconstruction is implemented around hospitals, old residential communities, and tourist attractions with heavy foot traffic and parking difficulties.
Article 15 To facilitate parking and transfer, public parking facilities shall be planned and developed at urban integrated hubs of passenger transport and other areas where transfer between private vehicles and public transport can be realized.
Article 16 When urban green spaces, squares, and roads are planned and developed, their underground spaces shall be fully utilized to plan and develop underground parking facilities.
The use of underground spaces of the existing urban roads, squares, school sportsgrounds, and green spaces of parks, as well as the ground and underground spaces of public facilities such as public transport stations and garbage stations for the construction of parking facilities shall be encouraged and guided.
If civil air defense works are used for the development of parking facilities, the provisions of laws and regulations on the management of civil air defense works shall be observed.
Article 17 If the underground spaces of existing green spaces of urban parks are used for the development of public parking facilities, the area of green spaces of the parks shall be greater than 0.3 hectares, and the area of public parking facilities shall not exceed 30% of the total area of the green spaces of the parks; when plans are submitted to the municipal natural resources and planning department for examination and approval, opinions of relevant departments such as landscaping and forestry shall be solicited, and the relevant national and local norms shall be complied with.
Article 18 The nature of the use of the land planned for building new individual public parking facilities (including public parking facilities built by using underground spaces) is public parking lot land.
Article 19 The nature of the use of the land planned for building public parking facilities by using scattered can be adjusted to public parking lot land, and the land shall be supplied as land for parking lots; it can also be supplied in accordance with the relevant provisions on the development of parking facilities by using self-owned land without the nature of land use being changed.
Article 20 Administrative institutions, enterprises, and public institutions may use their own construction land for the development of public parking facilities without changing the nature of land use, on the premise that it conforms to the overall land use planning and the overall urban planning.
Article 21 Where parking facilities are developed by administrative institutions, enterprises, and public institutions or old residential communities within the scope of self-owned land, the land ownership holder shall, as the development project applicant, follow the construction planning permission procedures after the development plan is reviewed and approved.
Article 22 For the land to be developed, idle factory sites, corner spaces, and other places that are left idle, as well as the spaces between the planned red line of urban roads and the building setback line, the development of temporary public parking facilities can be coordinated by local people’s governments at the district level.
The planning for the development of temporary public parking facilities shall be examined and approved by the relevant departments of urban and rural development, natural resources and planning, and traffic management department under the public security organs organized by the people’s governments at the district level through joint meetings or relevant comprehensive discussions and coordination mechanisms, with no need to complete the examination and approval process of the development plan.
Article 23 The development of aboveground mechanical three-dimensional parking facilities or the installation of mechanical three-dimensional parking facilities using existing underground spaces, if the internal spaces of the facilities are free from personnel activities, can be applied for in accordance with the category of special equipment projects.
The development of underground mechanical three-dimensional parking facilities shall be applied for in accordance with the category of construction projects, and application procedures shall be implemented in accordance with the relevant provisions on the management of construction projects.
Article 24 If the construction is applied for as a special equipment project, it is unnecessary to implement the land use planning, project planning, environmental impact assessment or construction permit procedures, but the construction shall not commence before the implementation of construction drawing design review, special equipment construction notification, and other procedures.
Article 25 The development of mechanical three-dimensional parking facilities or aboveground parking buildings shall meet the following requirements:
1. Requirements of relevant specifications for basic sunshine and fire safety of residential buildings are satisfied; and
2. For mechanical three-dimensional parking facilities or aboveground parking buildings to be built close to urban main roads or roads with high landscape requirements, the distance between their setback line and the road boundary line shall not be shorter than that between the setback line of the existing surrounding buildings and road boundary line, and the parking facilities shall be coordinated with the surrounding architectural landscape.
Article 26 If mechanical three-dimensional parking facilities are to be built in places other than close to roads with high landscape requirements, and the relevant requirements of the distance between the parking facilities and the adjacent buildings cannot be met, the distance can be appropriately reduced according to the actual conditions, provided that the fire safety requirements are met, and the minimum fire-safety spacing between the parking facilities and the adjacent buildings shall not be less than four meters.
Article 27 The construction of mechanical three-dimensional parking facilities shall conform to the safety requirements for special equipment and the relevant technical specifications.
Article 28 The urban and rural development departments shall solicit opinions of transport departments when examining the design plans for the construction projects of parking facilities in conjunction with traffic management departments under the public security organs.
Article 29 Public parking facilities developed in combination with buildings of other functions shall be provided with independent zones, separate entrances and exits, and clear signs and guidance systems. For the construction of underground parking facilities using school sportsgrounds, the entrances and exits shall be set outside the schools and shall not affect the school teaching order; such factors as the safety of the schools, teachers, and students shall be fully considered in the planning and design scheme.
Article 30 Public buildings and residential communities to be constructed, or reconstructed, or expanded shall, in accordance with the relevant design norms and standards, be equipped with supporting parking facilities, which shall be planned, designed, constructed, accepted, and delivered at the same time with the main works.
Article 31 The construction of parking facilities shall conform to the national, provincial, and municipal technical specifications and standards.
Article 32 In accordance with the relevant provisions, charging facilities for new energy vehicles shall be included or installation conditions shall be reserved at parking facilities.
Article 33 Prior to the completion acceptance of parking facilities, the developer shall, in a timely manner, apply to the original examination and approval organs for verification of the planning conditions; if these conditions are unverified or are unmet upon verification, the developer shall not organize the completion acceptance.
Article 34 The traffic management department under the municipal public security organ is responsible for the establishment of a unified municipal parking information management and service system and formulation of the corresponding technical specifications.
The operators and managers of parking facilities shall, in accordance with the relevant provisions and standards, build a smart parking management system, network transmission lines and parking guidance facilities.
Chapter III Safeguard Measures
Article 35 Separately constructed public parking facilities and public parking facilities constructed by using the underground spaces of the existing urban roads, squares, school sportsgrounds, and green spaces of parks, as well as the aboveground and underground spaces of public facilities such as transport stations and garbage stations, can be equipped with commercial facilities without the nature of the use of the land being changed or the number of the parking spaces being reduced. The construction area of the commercial facilities shall not exceed 20% of the total construction area of the parking facilities.
The area of the affiliated commercial facilities does not include the construction area of parking facility management rooms or parking auxiliary facilities.
Article 36 If urban roads need to be temporarily occupied during the construction of parking facilities, the temporary road occupation fee and the excavation and repair fee shall be exempted. After the parking facilities are completed, the developer shall restore the occupied urban roads.
Article 37 Where mechanical three-dimensional parking facilities are added by administrative institutions, enterprises, public institutions or old residential communities on the self-owned land, the land use right certificate or property title certificate is not to be applied for, the parking facilities are not included in the project plot ratio, and land transfer fee is not to be paid.
Article 38 For the construction of independent public parking facilities using public parking lot land, it is allowed to sell the parking space property rights that do not exceed 30% of the total parking spaces, and the period of property titles shall not exceed 40 years. The indicators of saleable parking spaces shall be clearly specified in the planning and design conditions, and the locations of such parking spaces shall also be clearly specified in the scheme.
Article 39 Supporting parking facilities for new development projects in accordance with the indicators not lower than those determined by the relevant provisions of Wuhan City may not be included in the project plot ratio.
Article 40 Subsidies shall be granted to qualified public parking facilities or over-allocated parking spaces in accordance with standards. The subsidy measures shall be formulated separately by the municipal natural resources and planning department in conjunction with the municipal finance department and the municipal urban and rural development department.
Chapter IV Legal Liability
Article 41 Entities or individuals that obstruct the development and management of parking facilities shall be punished by the public security organs in accordance with the law.
Article 42 Those who fail to obtain the construction project planning permit or fail to construct parking facilities in accordance with the provisions of the construction project planning permit shall be handled in accordance with the relevant laws and regulations.
Article 43 Where administrative departments of natural resources and planning, and urban construction or functionaries thereof abuse their powers, neglect their duties, engage in any malpractices for personal gain, and other acts in the planning and construction of parking facilities, the relevant departments shall give administrative sanctions to the person directly in charge and any other person directly responsible in accordance with the law; if a crime is constituted, the offender shall be investigated for criminal liability in accordance with the law.
Chapter V Supplementary Provisions
Article 44 The Measures shall come into force as of October 30, 2020.
Sent to: People’s governments at the district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations, and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court, and Wuhan Municipal Procuratorate.
News agencies, enterprises, and public institutions affiliated to ministries in Wuhan City.
General Office of the Wuhan Municipal People’s Government
Issued on September 22, 2020