Notice on Issuing the Measures for the Administration of Parking Facilities in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

来源:hengqin.gov.cn 发布日期:2024-06-14

This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.

Notice on Issuing the Measures for the Administration of Parking Facilities in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

All relevant departments,

The Measures for the Administration of Parking Facilities in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin has been approved by the Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, and is hereby issued to you for your careful implementation. Should any issues arise during implementation, please promptly report them to the Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin.

Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

June 12, 2024

Normative Document No. 5/2024 of the Urban Planning and Construction Bureau

Measures for the Administration of Parking Facilities in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Article 1.

Purpose and Basis

To strengthen the planning and construction of parking facilities in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), regulate the operation and management of parking facilities, and safeguard the legitimate rights and interests of parking facility operators and users, these Measures are hereby formulated in accordance with relevant laws and regulations and with consideration of the actual circumstances of the Cooperation Zone.

Article 2.

Scope of Application

These Measures shall apply to the planning, construction, use, and management of parking facilities in the Cooperation Zone.

Article 3.

Definitions

For the purposes of these Measures, the following definitions apply:

1. “Parking facilities” refer to open or indoor spaces designated for the parking of various motor vehicles, including public parking facilities, dedicated parking facilities, and curbside parking spaces on urban roads;

2. “Public parking facilities” refer to areas outside urban roads that provide parking services to the public. These include independently constructed public parking facilities, parking facilities ancillary to construction projects, those established with approval on existing spaces such as under bridges, green spaces, playgrounds, or underground spaces, and temporary parking facilities designated for short-term motor vehicle parking on land pending construction or on stock construction land;

3. “Dedicated parking facilities” refer to areas outside urban roads that provide parking services for specific users, including parking facilities for residential areas, government agencies, enterprises, and public institutions;

4. “Curbside parking spaces on urban roads” (hereinafter referred to as “curbside parking spaces”) refer to temporary motor vehicle parking spaces designated within the red lines of urban roads; and

5. “Commercial parking facilities” refer to parking facilities where fees are charged for motor vehicle parking services.

Article 4.

Departmental Responsibilities

The Urban Planning and Construction Bureau of the Cooperation Zone (hereinafter referred to as the “Urban Planning and Construction Bureau”) shall be responsible for the management of facilities within the Cooperation Zone and the implementation of these Measures. Its specific responsibilities are as follows:

1. Draft, adjust, and implement special plans for public parking facilities in the Cooperation Zone, as well as establish standards for parking spaces ancillary to buildings;

2. Oversee the regular management of public parking facilities;

3. Develop a parking information management system and a comprehensive parking facility database for the Cooperation Zone;

4. Prepare annual construction plans for public parking facilities financed by the government and promote their construction;

5. Handle the recordation of commercial parking facilities and develop relevant operational guidelines; and

6. Perform other responsibilities as prescribed by laws and regulations.

The Commercial Services Bureau of the Cooperation Zone shall be responsible for approving motor vehicle parking service prices and enforcing administrative measures and penalties related to pricing.

Other relevant departments in the Cooperation Zone shall supervise and manage parking facilities within the scope of their respective responsibilities.

Article 5.

Plan Drafting

During the preparation of the overall territorial spatial plan and detailed regulatory plans, the Urban Planning and Construction Bureau shall, in accordance with the layout and site selection requirements specified in special plans for public parking facilities, legally utilize surface, above-ground, or underground land resources and integrate the land resources with other land uses. The Urban Planning and Construction Bureau shall determine the locations, land areas, and construction scales of public parking facilities. Upon implementing the plans, relevant construction and management requirements for public parking facilities shall be incorporated into land granting contracts or planning conditions to ensure comprehensive lifecycle management of the land.

Article 6.

Control of Land Use

The land designated for parking facilities in detailed regulatory plans shall not have its purpose altered without undergoing statutory procedures.

The construction of public parking facilities is encouraged in undergrand spaces beneath roads, squares, parks, green spaces, school playgrounds, civil air defense projects, and other underground spaces. The construction of public parking shall also be planned as ancillary infrastructure for public service facilities, transport hubs, municipal facilities, and commercial or office construction projects.

Provided that legal land use procedures are completed, public parking facilities may be constructed on government-reserved land, legally reclaimed idle land, spaces beneath urban viaducts, unutilized but repurposable existing civil air defense projects, underground ring road systems, and other available construction land.

For public parking facilities constructed in underground spaces, construction units shall comply with relevant regulations on the development and utilization of underground resources within the Cooperation Zone. They shall conduct safety assessments, obtain consent from above-ground facility owners, submit construction plans, and complete required planning, land use, and fire protection procedures in accordance with the law.

For public parking facilities constructed under urban bridges, construction units shall comply with relevant regulations, obtain approval from bridge management authorities, implement measures to ensure bridge structural safety, and cooperate with bridge maintenance and upkeep activities.

Provided that designated land use and planned land use, red line boundaries, height limits, and street setback requirements are observed, Party and government entities, enterprises, and public institutions may develop parking facilities on their own construction land.

Other land use rights holders are encouraged to establish parking facilities on their own land. Parking spaces designated for private use may not be sold to the public. The plot ratios, base areas, and other parameters of the parking facilities shall comply with existing planning requirements of the Cooperation Zone.

Article 7.

Land Supply

Construction land supply for public parking facilities that are independently built and ancillary to construction projects shall be incorporated into state-owned construction land supply plans.

For public parking facility construction projects listed in the Catalog of Allocated Land, land may be supplied through allocation.

For public parking facility construction projects not listed in the Catalog of Allocated Land, with newly established independent land plots, or attracting only a single intended user after a land use announcement, land may be supplied through negotiated agreements.

Where state-owned land use rights are granted through public bidding, auction, or listing, the Urban Planning and Construction Bureau shall incorporate into the land transfer contract the construction and management requirements for both public parking facilities ancillary to the project and the project's own parking facilities, including construction specifications and the division of property rights and usage rights.

Land for public parking facilities may be supplied through long-term leases, lease-first-sell-later arrangements, or other similar methods.

For public parking facilities constructed on government-reserved land, legally reclaimed idle land, spaces beneath urban viaducts, unutilized but repurposable existing civil air defense projects, or underground ring road systems, land may be supplied through short-term utilization in accordance with relevant regulations of the Cooperation Zone.

Article 8.

Standards for Charging Pile Installation

During the land planning permit phase, requirements for charging facility construction shall be established, specifying the conditions and proportion for reserving areas for charging facilities in parking facilities. Both national standard and non-national standard charging facilities shall be reasonably arranged to meet parking facility usage needs.

In newly built public parking facilities, parking spaces equipped with charging piles shall constitute no less than 30% of the total parking spaces. Construction units for newly built residential areas shall ensure that 100% of fixed parking spaces are built with the necessary infrastructure to allow for the future installation of charging piles.

Article 9.

Management of Public Parking Facilities

The design plans of public parking facilities shall comply with the national, provincial, and Cooperation Zone standards and design specifications for parking facilities, and shall be submitted to the Urban Planning and Construction Bureau for review.

For public parking facilities ancillary to commercial construction projects, such as those in commercial and office areas, design plans shall specify the number and exact locations of both public and private parking spaces, and include dedicated and independent parking zones, separate vehicle entrances and exits, barrier gate equipment, clear signage, and guidance systems for public parking facilities.

For underground public parking facilities constructed beneath school playgrounds, entrances and exits shall be located outside school premises to avoid disrupting school operations. Design plans shall fully consider the safety of the school, teachers, and students.

Public parking facilities ancillary to construction projects shall be designed, constructed, inspected, accepted, and delivered for use concurrently with the main projects.

Article 10.

Investment Incentive Policies

Private capital shall be supported and encouraged to participate in the construction of public parking facilities. The Urban Planning and Construction Bureau may collaborate with private capital to develop public parking facilities and encourage investments from individuals and organizations in such projects.

For independently constructed public parking facilities or those built in separately granted underground spaces, commercial facilities covering no more than 20% of the total building floor area may be incorporated, provided the designated land use and the number of parking spaces remain unchanged. The proportion and types of commercial facilities shall be clearly specified in land use documents or planning and design conditions.

The area of commercial facilities does not include space allocated for parking facility management offices or auxiliary parking facilities.

Article 11.

Acceptance and Handover

For the final acceptance of public parking facilities, construction units shall notify the Urban Planning and Construction Bureau in writing to supervise the acceptance process. Construction units shall apply for planning condition verification in accordance with relevant regulations on planning inspections and condition verification for construction projects in the Cooperation Zone. Upon passing the final acceptance, they shall promptly complete the handover procedures in compliance with relevant regulations. Public parking facilities that have not undergone or failed the final acceptance process shall not be put into use.

Article 12.

Establishment of Pick-up and Drop-off Areas

For newly constructed, renovated, or expanded transport hubs, primary and secondary schools, hospitals, and other public venues with significant passenger flow, designated pick-up and drop-off areas shall be provided within the project site to accommodate the temporary motor vehicle stops. These areas shall be completed and put into use concurrently with the main projects.

Article 13.

Operator Registration and Recordation

Parking facility operators shall complete market entity registration and tax registration procedures in accordance with the law. Following registration, they shall apply for recordation with the Urban Planning and Construction Bureau of the Cooperation Zone and submit the following materials:

1. Business licenses and tax registration certificates of parking facility operators;

2. Materials verifying rights to manage and use parking facilities, including:

(1) Certificates of land use rights or building property rights;

(2) For leased land or buildings, lease contracts along with the land use rights certificates of land lessors or property rights certificates of building lessors; and

(3) Other relevant documents proving the rights to manage and use parking facilities.

3. Parking facility layout plans, traffic organization plans, an inventory of facilities (including charging facilities), and documentation of integration with the parking information management platform of the Cooperation Zone;

4. Special equipment use registration certificates for mechanical parking garages;

5. Parking facility management rules; and

6. Other materials required by laws and regulations.

The Urban Planning and Construction Bureau of the Cooperation Zone shall complete the recordation process within two working days if all submitted materials are complete. If recordation is denied, the Urban Planning and Construction Bureau shall notify the applicant with an explanation.

Article 14.

Management of Public Parking Facility Operations

The Urban Planning and Construction Bureau shall enhance its supervision over the operation of public parking facilities in the Cooperation Zone.

The Urban Planning and Construction Bureau shall evaluate the operational efficiency of public parking facilities. Where feasible, management rights of the public parking facilities may be granted to business operators through open competition, including public bidding, auctions, or franchise transfers, with operators assuming full responsibility for profits and losses. Where conditions are not feasible, third-party operators may be selected through public bidding, with all revenues remitted to the Cooperation Zone’s government and operating expenses covered by its budget.

Article 15.

Management of Parking Space Additions in Residential Areas

If dedicated parking facilities ancillary to residential areas fail to meet the parking needs of owners, additional dedicated parking spaces may be established within shared areas of the block, provided that the proposal is approved by at least three-fourths of the owners participating in the vote and the participating owners possess at least three-fourths of the privately owned areas. No unit or individual is allowed to designate parking spaces on shared roads, grounds, or other communal areas within blocks without authorization.

Article 16.

Reservation System for Accessible Parking Spaces

Parking facility operators are encouraged to establish a reservation system for accessible parking spaces, aimed at meeting the needs of specific groups and improving utilization efficiency.

Article 17.

Designation Principles for Curbside Parking Spaces

To foster a high-quality living environment and fully implement the principles of prioritizing public transportation, promoting green transportation, and enhancing multi-dimensional development, curbside parking spaces shall only be designated when necessary, and their total number shall be strictly controlled.

Curbside parking spaces shall not be designated in the following circumstances:

1. Within a 300-meter radius of existing parking facilities that adequately meet nearby parking needs;

2. Where the designation of curbside parking spaces results in pavements or non-motor vehicle driveways being reduced to less than 2.5 meters in width;

3. Where the designation of curbside parking spaces obstructs the normal use of municipal facilities, fire protection accesses, emergency medical routes, or tactile paving; and

4. Other circumstances prohibiting parking as prescribed by laws and regulations.

Article 18.

Adjustment, Removal, and Temporary Measures

Designation plans for curbside parking spaces shall be regularly evaluated, dynamically adjusted based on traffic flow and parking demand, and announced to the public in a timely manner.

If curbside parking spaces are removed, the curbside parking management authorities shall promptly restore the roads to their original condition. Curbside parking spaces shall be removed under any of the following circumstances:

1. Urban road traffic conditions have changed, and parking impedes the normal flow of traffic;

2. Other nearby parking facilities sufficiently meet parking demand;

3. Curbside parking spaces have low utilization rates; and

4. The conditions of the designated road section have changed, and laws or regulations prohibit temporary motor vehicle parking.

No units or individuals shall designate, occupy, alter, damage, or remove curbside parking spaces without approval.

Article 19.

Safety Responsibilities

Curbside parking operators shall assume primary responsibilities for safety and promptly address any safety hazards arising from vehicles parked in violation of relevant laws and regulations.

Article 20.

Pricing Management

Parking service pricing in the Cooperation Zone includes government pricing, government-guided pricing, and market-regulated pricing.

The scope and pricing standards for parking facilities under government pricing or government-guided pricing shall be publicly announced.

The Commercial Services Bureau of the Cooperation Zone shall regularly evaluate and adjust the pricing standards for parking facilities under government pricing or government-guided pricing, and implement them upon approval through statutory procedures.

Curbside parking spaces shall charge fees in accordance with relevant regulations, with clearly defined maximum rates for daytime and nighttime. Free curbside parking is generally not provided.

Pricing standards for parking facilities under market-regulated pricing shall be determined by the operators.

Parking facilities ancillary to municipal parks and other public welfare parking facilities are encouraged to provide lower or free parking fees during specific periods.

Parking facility operators shall prominently display pricing standards and ensure that fees are clearly marked in parking facilities.

Article 21.

Handling of Non-payment

For users who do not pay parking fees for curbside parking spaces or commercial parking facilities in accordance with the regulations and pricing standards, parking facility operators may request payment within a specified period. Until the overdue fees are fully settled, parking facilities and other operators may refuse entry to the vehicle.

Article 22.

IT-based Management

A networked parking resource information system shall be implemented in the Cooperation Zone.

The Urban Planning and Construction Bureau shall establish a unified parking information management platform for the Cooperation Zone, formulate uniform data access standards for parking facility information, and provide real-time updates to the public on the locations, availability, occupancy, and other dynamic information of parking facilities to guide orderly parking.

Parking facility operators shall promptly and accurately transmit parking information data to the unified parking information management platform in accordance with relevant regulations and standards.

Article 23.

Dedicated Electronic Maps

Where conditions permit, construction units of parking facilities are encouraged to develop dedicated electronic maps and implement smart parking systems during construction or renovation phases. These systems shall integrate with scenarios such as real-time parking space sensing, pedestrian navigation to vehicles, navigation to vacant parking spaces, automated parking, and vehicle pickup.

Article 24.

Single-plate Vehicle Identification System

Construction units for parking facilities are encouraged to establish or upgrade smart parking systems that support the identification of single-plate vehicles from Hong Kong and Macao and facilitate parking fee payments.

Article 25.

Interpretative Authority

These Measures shall be interpreted by the Urban Planning and Construction Bureau.

Article 26.

Effective Date and Validity Period

These Measures shall come into effect on June 12, 2024 and shall remain valid for a period of three years.


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