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Measures of Guangzhou Municipality for the Management of Urban Road Excavation

2024-04-03 11:11
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  (Issued on November 27, 2002 in accordance with Decree No. 9 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality)

  Article 1 In order to strengthen the management of urban road excavation, give full play to the functions of roads, ensure smooth traffic and maintain urban appearance and environment, these Measures are formulated in accordance with the Regulations on the Management of Urban Roads of the State Council, Regulations of Guangzhou Municipality on the Management of Public Facilities and other relevant regulations.

  Article 2 Within the urban area of this Municipality, where it is necessary to excavate such urban roads as motor vehicle lanes, non-motor vehicle lanes, sidewalks, public squares, underpasses, inner streets, bridges and tunnels due to the laying and maintenance of underground pipelines or the construction of other construction projects, these Measures shall apply.

  For the road excavation management of urban expressways that have not been handed over to the public facilities authority, such as the East-South-West Ring Expressway, the North Ring Expressway and the South China Expressway, the Regulations of Guangzhou Municipality on Urban Expressway Management shall apply.

  For the excavation management of roads in residential quarters and roads constructed by large enterprises that have not been handed over to the public facilities authority, these Measures shall not apply.

  Article 3 The public facilities authority at the municipal level is the administrative department in charge of the Municipality’s urban road excavation management, and shall be responsible for the organization and implementation of the measures. The municipal or district public facilities authority shall be responsible for the excavation management of urban roads according to the scope of the division of labor determined by the municipal people’s government.

  The departments of public security, planning, and urban management & law enforcement shall, in accordance with their respective responsibilities, cooperate with the public facilities authority to implement the Measures.

  Article 4 No entity or individual may dig urban roads without the approval of the public facilities authority and the traffic control authority.

  Where urban roads are to be excavated upon approval, the impact on pedestrians and traffic shall be reduced.

  Article 5 Pipeline entities that really need to excavate urban roads shall submit the pipeline layout plan for the next year to the public facilities authority at the municipal level before December 1 of each year, and send a copy to the municipal planning authority at the same time.

  The public facilities authority at the municipal level shall formulate an annual work plan for excavation of urban roads in accordance with the pipeline layout plan of each pipeline entity and the work arrangements for urban road maintenance and repair, and supervise and manage the implementation of the Municipality’s urban road excavation plan.

  Article 6 The construction, reconstruction and expansion of urban roads shall be planned and implemented simultaneously with the laying of pipelines, and public pipeline galleries shall be constructed simultaneously according to the technical specifications for different types of pipelines.

  Before formulating an annual plan for construction, reconstruction and expansion of urban roads, the public facilities authority at the municipal level shall establish a coordination meeting system to solicit opinions from relevant pipeline entities.

  Any annual plan for construction, reconstruction and expansion of urban roads formulated by the public facilities authority at the municipal level shall be notified to the relevant pipeline entities within 15 days from the date of approval of such plans by the municipal people’s government. The relevant pipeline entities shall report the pipeline laying plan to the public facilities authority at the municipal level within 60 days from the date of receipt of the notification, and implement it under the overall arrangement of the public facilities authority at the municipal level.

  Article 7 The public facilities authority of each district shall organize and arrange the excavation of urban roads under its management in accordance with the annual work plan for excavation of urban roads and the annual pipeline laying plan for construction, reconstruction and expansion of urban roads formulated by the public facilities authority at the municipal level.

  Article 8 To excavate urban roads, an application shall be made to the public facilities authority at the municipal or district level to go through the approval procedures, and upon approval and payment of the fees for temporary occupation of urban roads and excavation restoration fees according to law, and issuance of the Permit for Road Excavation, the excavation can be conducted. The application, approval form for excavation of urban roads, as well as the Permit for Road Excavation shall be uniformly prepared and managed by the public facilities authority at the municipal level.

  Article 9 An entity or individual applying for the excavation of urban roads shall provide the following materials to the public facilities authority at the municipal or district level:

  (1) Application form for excavation of urban roads;

  (2) Construction Project Planning Permit and its annexes issued by the municipal or district planning management department;

  (3) Qualification certification documents of the excavation construction entity;

  (4) Construction scheme;

  (5) Other relevant materials.

  The application form for excavation of urban roads shall include the period and area of the excavation. The construction scheme shall include the construction plan, mechanical configuration, construction sewage discharge method, residual mud treatment, site enclosure, etc.

  Where urban roads need to be excavated due to pipeline maintenance, repair or emergency repair, and no planning changes are involved, the applicant does not need to provide the Construction Project Planning Permit.

  Article 10 After receiving an application for excavation of urban roads, the public facilities authority at the municipal or district level shall conduct on-site survey and confirmation, review with the municipal or district traffic control authority of the public security organ, and make a decision of approval or disapproval within 5 working days. If a decision of disapproval is made, the reasons for disapproval shall be stated.

  Where it is necessary to adjust the bus and tram routes or stations due to the excavation of urban roads, the public facilities authority at the municipal or district level shall promptly notify the municipal traffic control authority before making a decision of approval.

  Article 11 The public facilities authority at the municipal or district levels shall implement an open work system and accept social supervision.

  The following matters shall be disclosed to the public:

  (1) Area of examination and approval of urban road excavation by the public facilities authority at the municipal or district level;

  (2) Annual work plan for excavation of urban roads and annual pipeline laying plan for construction, reconstruction and expansion of urban roads;

  (3) Procedures, time limit, handling departments and handling personnel for the approval of urban road excavation;

  (4) Approved entity, location, area, type and time limit for excavation of urban roads;

  (5) Other relevant matters that need to be disclosed to the public.

  For the excavation of a roadway with an excavation length of more than 500 meters or a sidewalk with an excavation length of more than 1,000 meters, the excavating entity or individual can start excavation 5 days after the announcement by the public facilities authority at the municipal or district level; for the excavation of a roadway with an excavation length of less than 500 meters or a sidewalk with an excavation length of less than 1,000 meters on a trunk road or in the center of the downtown area, the excavating entity or individual can start excavation 2 days after the announcement by the public facilities authority at the municipal or district level.

  Article 12 Where the public facilities authority of any district approves the excavation of urban roads, it shall accept the supervision and guidance of the public facilities authority at the municipal level.

  Article 13 Under any of the following circumstances, the excavation of urban roads shall not be approved:

  (1) Application for excavation during May Day, National Day, Spring Festival, Chinese Export Commodities Fair and other major city-wide public events;

  (2) It has been less than 5 years since the constructed, reconstructed or expanded urban roads were completed and delivered for use, or less than 3 years since the major repair of urban roads were completed;

  (3) Laying pipelines of the same type under urban roads with an existing public pipeline gallery;

  (4) Those who apply for excavation but fail to provide legal or complete documents;

  (5) The applicant was once investigated and punished for violating the relevant regulations on the management of urban road excavation, and has not yet completed the correction or implemented the penalty decision;

  (6) Other circumstances under which excavation shall not be approved as stipulated by laws, regulations and rules.

  Where it falls under the circumstances listed in Item (2) of the preceding article, and the applicant really needs to excavate due to special circumstances, it shall file an application with the public facilities authority at the municipal level, and provide the documents specified in Article 9 herein and the reasons why the excavation is really needed. The public facilities authority at the municipal level shall report to the municipal people’s government for approval within 5 days after receiving the application. Where the excavation is approved, the applicant shall pay three times the urban road excavation restoration fees to the public facilities authority at the municipal level.

  Article 14 Where the public facilities authority at the municipal level requires the construction period of urban roads to be terminated ahead of schedule due to special reasons such as major social events or important project construction in the Municipality, resulting in the failure of the pipeline entity to lay the pipelines simultaneously, so that it is really necessary to excavate constructed, reconstructed or expanded urban roads that have been delivered for use for less than 5 years, or has been completed for less than 3 years after major repair, the pipeline entity may file an application with the public facilities authority at the municipal level, and provide the documents specified in Article 9 herein and the reasons why the excavation is really needed. The public facilities authority at the municipal level shall report to the municipal people’s government for approval within 5 days after receiving the application.

  Article 15 Where the excavation period needs to be extended or the excavation area needs to be expanded due to such special reasons as climate and geological conditions, the applicant shall go through the extension or expansion procedures according to the original approval procedures before the approved excavation period expires.

  Where the public facilities authority at the municipal or district level really needs to change the Permit for Road Excavation due to this Municipality’s major social events, construction of important projects and other special needs, it shall inform the applicant of the time limit, location and area of the change; where the excavation period or area is reduced due to the change, the balance between the fees already paid and the actual fees payable shall be refunded.

  Where the public facilities authority at the municipal or district level really needs to cancel the Permit for Road Excavation due to the adjustment of urban construction planning and other special needs, it shall inform the applicant of the reason for cancellation and refund all fees already collected. Where the applicant has already made an investment, certain compensation shall be given.

  Relevant entities or individuals that have carried out excavation shall leave the site within the time limit stipulated by the public facilities authority.

  Article 16 Where a pipeline buried under an urban road needs urgent repair due to a fault, the road may be excavated for emergency repair first, but the public facilities authority at the municipal or district level and the traffic control authority shall be notified at the same time, and the supplementary approval procedures shall be completed within 24 hours according to regulations. In case of holidays, the supplementary approval procedures may be postponed to the next working day.

  Article 17 Entities or individuals that have been approved to excavate urban roads shall abide by the following provisions:

  (1) Conduct excavation according to the approved construction scheme, location, area, purpose and time limit;

  (2) Hang the Permit for Road Excavationat the construction site;

  (3) Set up safety guardrails, traffic guide signs and roadblock warning lights in accordance with unified regulations, and carry out enclosure operations;

  (4) The residual mud resulting from the excavation on the same day shall be cleaned up within 24 hours;

  (5) Construction sewage can be discharged into municipal drainage pipes only after sedimentation treatment;

  (6) When laying underground pipelines, the underground pipelines laid later shall avoid the underground pipelines laid first, the pressure pipelines shall avoid the free-flow pipelines, and the bendable pipelines shall avoid the non-bendable pipelines, and the construction shall be carried out according to the planned laying depth and the number of pipe holes.

  Article 18 The excavation of urban trunk roads and secondary trunk roads shall avoid the periods of heavy traffic; the excavation across the urban roads shall be carried out with advanced methods such as pipe jacking technology; the longitudinal excavation of urban roads shall be carried out in sections according to the characteristics of various types of pipelines.

  Article 19 Stone chips or stone powder shall be used as backfill material for the construction of excavation projects, and the compaction degree of backfill shall meet the national technical standards.

  Article 20 After the excavation project is completed, the excavation entity or individual shall clean up the site before the expiry of the approved excavation period, and report to the original public facilities authority conducting approval for acceptance. When the public facilities authority conducts an acceptance check, the maintenance and repair entity shall be notified to be present. After the acceptance check is passed, the maintenance and repair entity shall enter the site to restore the road within 24 hours.

  Article 21 Anyone who violates the provisions of these Measures by committing any of the following acts shall be ordered to make corrections within a time limit by the law enforcement and urban management authority, and may be punished as follows:

  (1) For any violation of the provisions of Article 8 herein by excavating urban roads without authorization, a fine of twice the urban road excavation restoration fees shall be imposed, but the maximum shall not exceed RMB 20,000;

  (2) For any violation of the provisions of Item (2) of Article 13 herein by excavating urban roads beyond the specified time limits and without approval, a fine of 4 to 5 times the urban road excavation restoration fees shall be imposed, but the maximum shall not exceed RMB 20,000;

  (3) For any violation of the provisions of Article 16 herein by failing to complete the supplementary approval procedures, a fine of RMB 3,000 shall be imposed;

  (4) For any violation of the provisions of Item (1) of Article 17 herein by excavating urban roads beyond the area and time limit and failing to go through the change procedures in advance as required, a warning shall be given, and a fine of 1-3 times the urban road excavation restoration fees may be imposed for the excess part, but the maximum shall not exceed RMB 20,000;

  (5) For any violation of the provisions of Item (3) of Article 17 herein by failing to set safety guardrails, traffic guide signs and roadblock warning lights and conduct enclosure operations in accordance with the unified standards, a fine of RMB 1,000 shall be imposed.

  Article 22 Entities or individuals that have been approved to excavate urban roads shall be liable for compensation if they damage ancillary facilities of roads or underground pipeline facilities due to construction.

  Article 23 Where the staff of any public facilities authority or the urban management and law enforcement authority commit any of the following acts, the unit they are working in or the competent authority at the higher level shall order them to make corrections, and may impose criticism, circular criticism or administrative sanctions on them:

  (1) Violate the provisions of Article 10 herein by failing to give approval in time or making a decision not to approve the excavation without notifying the applicant of the reasons;

  (2) Approving the excavation of urban roads in violation of the provisions of Article 13 herein;

  (3) Fail to impose administrative penalties in accordance with the provisions of Article 21 herein.

  Article 24 These Measures shall come into force on January 1, 2003.