I hereby give My Sanction to the Enforcement Ordinance of the Special City Planning Law, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This tenth day of the ninth month of the twenty-first year of Showa (September 10, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Imperial Ordinance No. 422
Imperial Ordinance Relative to the Special City Planning Law.
Article 1. The Prime Minister, on approval by the Cabinet of special city planning or special city planning projects under Article 3 of the City Planning Law shall immediately notify such details.
Article 2. Land tendered for public use under Article 3 of the Special City Planning Law (hereinafter to be termed the Law) shall, without reference to the nature of the land involved, be those lands turned over for such purposes as streets, open places, embankments, drains, canals, rivers, public supply depots, parks or greens.
Article 3. In the area of greens specified under paragraph 1 of Articel 3 of the Special City Planning Law, only buildings coming under the following categories shall be allowed to be newly-constructed or enlarged:
1) Buildings to be used as office quarters or residential dwellings for those engaged in agriculture, forestry, animal breeding or marine enterprises.
2) Buildings which pertain to types of facilities for parks and recreation grounds.
3) Buildings with a ground floor not larger than 10% of the area of the site assigned to the building, which shall be designated by the Prime Minister.
4) Those buildings Prefectural Governor deemed indispensable for the public purposes.
Those who intend newly to construct or enlarge such buildings as listed above shall be required to receive the permission of the prefectural governor. However, an exception shall be made in the case where the prefectural governor has made a decision to the contrary.
The provisions of the preceding two paragraphs shall not be applicable to buildings which are in the course of construction at the time when designations as to areas of greens are made.
Article 4. In case the prefectural governor designates districts within the semi-agricultural zone prescribed in the preceding Article for the purpose of making good use of the semi-agricultural zone, those who want to construct or remove structures (other than buildings), to change the existing state of land, or to gather bamboos, trees, earth and stones in the said district, they shall have permission of Prefectural Governor.
Article 5. Prefectural Governor may attach to the permission prescribed in the preceding two Articles conditions necessasy for special city planning.
Article 6. Prefectural Governor may order those who violate the regulations prescribed in Article 3 or Article 4 or violate the conditions as set down by preceding Article to regain the original form of the district.
Article 7. As to the application of Article 4, when a new use is specified for an existing buildings or when an existing structure is tendered for another use, it shall be deemed that a new building is to be constructed for a new use.
Article 8. Subsidies from the national treasury under Article 4 of the Special City Planning Law shall be paid for the net amount of payment. However, when there are donations, subsidies shall be made on the basis of the amount from which such income has been withdrawn.
The national treasury aid granted under the stipulations of the preceding paragraph may be completely or partly refunded in case there has been a violation of the conditions for which the subsidy was granted.
Article 9. The national treasury subsidies under the stipulations of the Article 4 shall be apportioned according to the following ratio:
1) Expenses for land adjustment -within 8/10.
2) Expenses for highway projects within 3/4.
3) Expenses for water supply projects above ground within 1/3
4) Expenses for underground water supply projects within 2/3.
Article 10. In case, the administrative office undertakes to carry out land adjustment under paragraph 1 of Article 5 of the Special City Planning Law, it shall make a public notification as to the area affected by the execution of land adjustment (hereinafter to be termed adjustment execution area). The same shall apply in the case where any change in the adjustment execution is to be effected.
Article 11. The administrative office in charge of carrying out land adjustment under paragraph 1 of Article 5 of the Law (hereinafter to be termed as executors of adjustment) shall establish specifications and regulations for carrying out land adjustment.
Article 12. In case the executors of adjustment undertakes to incorporate State-owned property within the adjustment execution areas under paragraph 1, Article 5 of the Special City Planning Law, or in case it intends to liquidate in cash State-owned property under Article 5 of the same Law, the executors of adjustment shall consult with competent authorities administering the business of such State-owned property and then shall notify the Finance Minister of it.
Article 13. As to the scale of small residential lots or large residential lots under Article 7 of the Special City Planning Law, as well as small rented lands (meaning the residential lands prescribed in Article 2 of the Law. The same shall apply to the following Articles), the executors of adjustment shall decide it after listening to the views expressed by Land Adjustment Committee (hereinafter to be termed Adjustment Committee) provided by paragraph 1 of Article 11 of the Law. In these cases, with regard to the scale of small residential lots and small rented lands, it shall not be deemed possible to fall below the limitations specified in the following. However, as to the residential lots and leased lots which are deemed indispensable by Prefectural Governor for the public purposes, these limitations are not applicable.
1) Residentiel lots within the district A 250 square meters.
2) ,, B 150 square meters.
3) ,, C 100 square meters.
Prefectural Governor shall designate the above mentioned districts after consultation with the executors.
Prefectural Governor shall obtain authorization of the Prime Minister in designating the districts prescribed in the preceding paragraph.
Article 14. Shinto shrine, temple and Buddhist halls which are renters of state land without compensation in accordance with the State Property Law, as well as temples and Buddhist halls administering state-owned or public-owned graveyards, shall be deemed holders of leased lands (meaning holders of leased lands prescribed in the Law. The same shall apply hereinafter), and the said land and the administered land shall be deemed leased land, as far as the stipulations concerning the Adjustment Committee are applied.
Article 15. In case of carrying out land adjustment in accordance with paragraph 1 of Article 5 of the Law, disposals to be made by virtue of Articles 6, 7 and 8 of the same Law and decisions to be made under the provisions of Article 10 of the Law, shall have the approval of prefectural governors,
Prefectural governors, on giving approval to the disposals in the preceding paragraph, shall make them known to the public and inform to the registry office to that effect.
Article 16. With reference to members of the adjustment committee (hereinafter to be termed adjustment committee members) who are provided under paragraph 2 of Article 11 of the Law, the executors of adjustment shall, except under special circumstances, fix the number of property owners and leased land holders so that they shall respectively be in proportion to the total number of them within the areas where adjustment are to be enforced.
The fixed number of committee members decided under the preceding paragraph shall be notified to the public at least 30 days previously.
Article 17. Each of those listed below shall not possess the right of being elected for member of the adjustment committee.
1) Those who were sentenced to more than six years' penal servitude or imprisonment.
2) Those who are doing less than six years' penal servitude and imprisonment.
3) Those who are under age.
4) Those who are legally incompetent or quasi-incompetent.
5) Those who have been declared bankruptcy and have not recovered their legal right.
Article 18. Adjustment committee members and substitute members, in adjustment enforcement areas, shall be elected in the following method: members representing property owners, from among property owners: members representing leased land holders, from among leased land holders.
As to the application of the preceding paragraph, joint property-owners or joint leased-land-holders shall be regarded as a single body and shall select from among them a single representative who shall be known as a land owner or leased land holder.
In case there are a number of leased land holders of the same land, those persons actually using the land shall be deemed leased land holders.
Article 19. The executors of adjustment shall set the date of the election and shall make an announcement thereof at least 40 days prior to the fixed date,
Article 20. Land owners and leased land holders in the adjustment area within two weeks as from the day of announcement provided in the preceding article, shall make a report as to their residences, names, and classification of rights, and places of land therefor to the executors of adjustment. However, rights not reported under the stipulations of Article 45 and those who have leased land rights which are as yet unregistered are not included.
Under the preceding paragraph, executors of adjustment may issue orders for the presentation of documents attesting to their rights from land owners and those leased land holders who have made registrations.
Article 21. Executors of adjustment shall, on the basis of the stipulations of Paragraph 1 of the preceding article and notification made by land owner and leased land owners, draw up a list of voters and publicly display such a list for a period of three days starting from two weeks prior to the fixed election day.
Article 22. Those who object to the voters list shall be permitted to present to the executors of adjustment their assembled documents during the period when the voters list is being displayed. This shall also apply to those who have recovered their rights after making applications under Paragraph 1, Article 20.
Article 23. In case objections are presented in accordance with the preceding article, the executors of adjustment shall make a decision on the matter within three days as from the day on which they received such objections.
When the objections are found justified, the executors of adjustment shall immediately take steps to rectify the voters list and shall report it to the person who made the objection and the persons concerned simultaneously with making the announcement.
In case when the executors of adjustment found the objection made under Paragraph 1 unjustified, the said executors shall inform the objector to that effect.
Article 24. The executors of adjustment shall specify the place as well as the time of voting and make a public announcement in this connection at least seven days prior to the voting day.
Article 25. Ballots without names shall be used.
One person shall be allowed only one vote in the election of adjustment committee members.
The ballots shall be delivered by the executors of adjustment to the voters on the day of the election at the place of voting.
The voters, at the time of voting, at the polling site, shall write a single name of candidate for adjustment committee member.
It shall be possible for proxies to cast votes. In this case, it shall be necessary for such a proxy to present his right of proxy to the person in charge of the election.
Article 26. Those whose names are not included on the voters list shall not be permitted to vote.
Article 27. The executors of adjustment shall appoint a person in charge of the election from among those government and public officials who are concerned in the election of adjustment committee members.
The chairman of the election committee in the preceding paragraph shall supervise the voting, the counting of votes and other business matters relating to the election.
The executors of adjustment shall select two witnesses from among persons who have qualifications to vote within the district where adjustments are to be made for the purpose of witnessing the voting and the counting of votes.
Article 28. In the election of members of the adjustment committee, candidates who have received a majority of effective votes shall be the elected members. In case of a tie, the decision shall be made by means of drawing.
Where successful candidates elected from among the landowners are concurrently elected from among the lease holders, they shall not be regarded as having been elected by lease holders.
Article 29. When the elected members are determined, the executors of adjustment shall notify each elected member of the result and make public their names or appellations by means of official notifications.
Under the elected members notify their refusals within five days after the notification was made, they shall be regarded as having accepted the election.
Article 30. If the election of members for the adjustment committee fails to obtain the fixed number of members, another election shall be held to elect the remaining members.
In the above case, the election shall be held with the voters list compiled for the previous election, and the number of members to be elected as well as the date of election shall be made public seven days prior to the date of election.
Article 31. In the case where there are candidates who got effective votes, besides the successful candidates, in the election, the executors shall determine supplementary members according to the number of votes polled, up to half of the regular members for the committee.
The provisions of Article 29 shall be applicable to the case prescribed in the preceding paragraph.
Article 32. When a member of the adjustment committee or the supplementary members comes to lose the requirements for eligibility, he shall lose his appropriate status.
Article 33. When a vacancy occurs in the adjustment committee, supplementary members shall, according to the size of majority of votes polled, in turn fulfil the vacated posts.
When the number of votes polled are same, the decision shall be made by means of drawing. In case there are vacancies in the adjustment committee, but no persons are qualified to fulfil the posts, a by-election shall be held.
The provisions of Paragraph 1 of Article 31 shall be applied mutatis mutandis to the case of the preceding paragraph.
Article 34. The executors of adjustment, if deemed necessary, may divide the adjustment area into several constituents and hold election for the adjustment committee members.
The executors of adjustment shall decide the number of constituents, boundaries, the number of committee members and other necessary matters in the case of holding the election prescribed in the preceding paragraph.
Article 35. Compensations as set forth in Article 15 of the Law and Article 27 of the Arable Land Adjustment Law (meaning the Law applied to by the provision of Paragraph 3, Article 12 of the City Planning Law. The same shall apply in the following.) shall not be granted in cases where buildings have been constructed in violation of the Law or the disposal based on the Law.
Article 36. Compensations as stated in Article 16 of the Law shall be granted to those who, on the date of notification of Paragraph 2 of Article 15, Paragraph 2 of Article 44 or Paragraph 4 of Article 30 of the Arable Land Adjustment Law, are owners, holders of surface rights, lease holders, holders or the right to borrow or lend, persons who have rented land without compensation in accordance with the regulations of the State Property Law and temples which manage state-owned or public-owned lands for graveyards.
Such persons listed in the preceding paragraph must submit a report to the executor for adjustments within a fixed period, stating their addresses, names or appellations, type of rights, and the whereabouts of land thereof.
Regulations in the proviso of Paragraph 1 and Paragraph 2 of Article 20 shall be applied to the report mentioned in the preceding paragraph.
In regard to rights which are not officially registered, compensation money shall not be granted unless the application is made within the period of Paragraph 2.
Article 37. The total amount of compensations mentioned in Article 16 of the Law shall be equal to the amount which is arrived at by multiplying the average price of house lots located within the area prior to the execution of land adjustment with the amount of land that is over 15 percent of the fixed amount in the same article.
Article 38. As to the paying of liquidation or installment prescribed in Article 21 of the Law the the executor of adjustment shall be entitled to designate the amount of money to be paid each time on installment and the period of time of payment, thereby approving payment on installment, if and when the total amount of liquidation money exceeds ¥500.
Those who want to pay on installment shall apply for permission prescribed in the preceding paragraph with document stating the total liquidation money.
Article 39. In case the payment of liquidation on installment to be approved by the executor of adjustment, the total liquidation money and the period of time of payment shall be set according to the following classification -
1) Within a half year, if the total amount of liquidation money is ¥500 or over but less than ¥1,000.
2) Within one year, if the total amount of liquidation money is ¥1,000 or over but less than ¥1,500.
3) Within one year and a half, if the total amount of liquidation money is ¥1,500 or over but less than ¥2,000.
4) Within two years, if the total amount of liquidation money is ¥2,000 or over but less than ¥2,500.
5) Within two years and a half, if the total amount of liquidation money is ¥2,500 or over but less than ¥3,000.
6) Within three years, if the total amount of liquidation money is ¥3,000 or over but less than ¥3,500.
7) Within three years and a half, if the total amount of liquidation money is ¥3,500 or over but less than ¥4,000.
8) Within four years, if the total amount of liquidation money is ¥4,000 or over but less than ¥4,500.
9) Within four years and a half, if the total amount of liquidation money is ¥4,500 or over but less than ¥5,000.
10) Within five years, if the total amount of liquidation money is ¥5,000 or over.
Even payment of liquidation money on installment after the second payment shall be made after six months as computated from the day following the date of the previous payment.
Article 40. In case the payment of liquidation on installment is approved, the amount of the first payment shall not be below the amount obtained as the result of the division of the total amount of payment on installment by the number of installments of payment.
The amount of liquidation money on installment shall be equal with interest after the second payment.
Article 41. The rate of interest on liquidation money whose payment on installment is approved shall be six percent per annum. The interest shall be levied from the day following the due date of payment of the first payment,
Article 42. A person whose payment of liquidation money on installment is approved may, with consent of the executor of adjustment, move up payment of the liquidation money wholly or in part.
When a person has fallen in arrears with his payment of liquidation money on installment, the executor of adjustment may move up the collection of the unpaid liquidation money.
Article 43. In case of enforcement of the land adjustment mentioned in Paragraph 1 of Article 5 of the Special City Planning Law, those persons who have any right other than unregistered ownership regarding the area for readjustment shall be regarded as parties concerned relative to the corresponding application of the Arable Land Law.
Article 44. In case of enforcement of the Land Adjustment mentioned in Paragraph 1, Article 5 of the Special Planning Law, the disposal of the land to which the rule laid down in Paragraph 1, of Article 30 of the Land Adjustment Law may not be applicable for special reasons shall be determined by the executors of adjustment after consultation with the Land Adjustment Committee.
The regulations of Article 15 shall be applied the disposals prescribed in the preceding paragraph.
Article 45. In case of the enforcement of the Land Readjustment mentioned in Paragraph 1 of Article 5 of the Law, the provisions in Article 33 of the Land Adjustment Law shall be correspondingly applicable when land is granted in exchange for any tract of land to which any right, excepting the unregistered ownership, exists to the whole or a part of the formerly owned land. The provisions however, shall not be applicable unless those who have the right to the land reports by letter to the executor of adjustment the classification of rights and the location of the land to which the right exists, within one month as from the date of public notification provided for in Article 10, with the joint signatures or with documents attesting to the right.
Article 46. In applying the Arable Land Adjustment Law in carrying out land adjustment as stated in Paragraph 1 of Article 5 of the Law, the following shall be borne in mind: "The notifications of approvals of arable land adjustment, of the change of arable land adjustment area, of establishment of arable land adjustment association, or of modification of the area of arable land adjustment association" prescribed in Paragraph 1, Article 29 of the same law, shall mean "the notification prescribed in Article 10 of the present Imperial Ordinance" and "the association" described in Article 42-II, Paragraph 1 of Article 47 and Article 48 of the Arable Land Adjustment Law shall mean "the adjustment executor" described in this Imperial Ordinance.
Supplementary provision:
This Imperial Ordinance shall come into force as from the day of ifs promulgation.