About private use of Nishi-Public Works Office Road

Roads are originally used for general traffic, such as traffic for vehicles and pedestrians.
On the other hand, with the development of various activities based on the road, the need to use the road for purposes other than its original purpose is created. Typical examples are the installation of telephone poles, underground buried objects such as water supply and gas pipes, and protruding signs.
In this way, private use of roads refers to establishing certain structures, properties and facilities on roads other than the original purpose, and using roads continuously.
In order to occupy the road, a road occupation permit by the road manager is required (Article 32 of the Road Law). Depending on each property, road occupation permission standards are established based on the Yokohama City Road Private Use Rules, and private use permission can be obtained only if the property can occupy the road and conforms to the road occupation permission standards. I can do it.
In that case, you will have to pay the private use fee depending on the type and size of the property to be occupied.

Articles occupied by roads are determined only by the Road Law and the Road Law Enforcement Ordinance, and roads cannot be occupied for other properties.

• Telephone poles, electric wires (including underground), public telephone stations
• Water pipes, sewer pipes, gas pipes
• Protruding signs, sleeve signs
• Road signs
• Construction board circumference, construction scaffold

The following cannot be occupied.

• Signboards, standing signs, vending machines, etc.

According to the provisions of Article 39 of the Road Law, it is stipulated in the Yokohama City Road Private Use Charge Ordinance (outside site).
Depending on the type, quantity and area of the property to be occupied, please contact Public Works Office for details.

Please submit the following documents to Public Works Office
(Application documents) Road occupation permission application
(attached documents) Location map, property structure (floor plan, three-dimensional plan, quadrature map)

We issue road private use permission application, delivery letter of advice (paid at banks, etc.).
In addition, after private use article setting, we will receive completion inspection of Motoichi staff.
The private use period is up to 5 years. When the period expires, an application for renewal of private use is required.

If there is a change, you need to apply for a change.
When we abolished, road private use abolition notice is necessary.

■3 Principles on Private Use
（１） 3 Principles

• The property pertaining to private use falls under any of the items of Article 32, Paragraph 1 of the Road Law.
• Except as provided for in Article 33, Paragraph 2 of the Road Law, private use permission must be "unavoidable because there is no room outside the site of the road."
• The period of private use, the location of private use, the structure of private use, etc. must conform to the standards specified by a Cabinet Order.

（２） Three Law Principles
1 Principles of Publicity
Non-public private use for the commercial purpose of a specific person should not be accepted in principle, and those with high publicity should be given priority between road private use.
2 Principle of Plannedness
It must be coordinated with future road planning, city planning and other land use planning around the road.
3 Principles of Safety
Regarding matters that are not stipulated in the Enforcement Order, from the viewpoint of road structure conservation and ensuring safe and smooth traffic.
It should be done carefully, and private use that hinders traffic safety should be strictly excluded.

■Road Law

(Construction performed by persons other than road managers)
Article 24 Persons other than the road manager shall, except in the case of Article 12, Article 13, Paragraph 3 or Article 19 to Article 22, the design and implementation plan of construction related to roads With approval, construction related to roads or maintenance of roads can be performed. However, for simple road maintenance specified by a Cabinet Order, it is not necessary to obtain the approval of the road manager.

(Permission of private use of roads)
1 Article 32 When we establish public establishment, article or facility to raise in any of the following items on road and are going to use road continuously, we must receive permission of road manager.
(I) Telephone poles, electric wires, transform towers, postal boxes, public telephone offices, advertising towers, and other similar structures
(Ii) Water pipes, sewer pipes, gas pipes and other similar properties
(Iii) Railways, Railroads and similar facilities
Four-step corridors, snow shields and other similar facilities
(V) Underground Shopping malls, basements, passages, septic tanks and other similar facilities
(6) Stalls, product storage, and other similar facilities
(Iii) Except for those listed in the preceding items, structures, properties, or facilities that may interfere with the structure or traffic of the road, which are specified by a Cabinet Order.

Person who is going to receive permission of 2 foregoing paragraphs must submit application which listed matter to raise in each item on the left to road manager.
(I) Private use of roads (meaning establishment of structures, properties or facilities listed in one of the items of the preceding paragraph on roads and continuous use of roads.) The same shall apply hereinafter.
Period of private use of two roads
Location of private use of three roads
Structure of structures, properties, or facilities
Method of implementation of construction
Period of construction
Method of restoration of seven roads

(3) A person who has obtained permission pursuant to the provisions of paragraph (1) (hereinafter referred to as “road occupants”) intends to change the matters listed in each item of the preceding paragraph, the change will affect the structure or traffic of the road. Except in cases where it is deemed that there is no possibility of affecting it and is specified by a Cabinet Order, the permission of the road manager must be obtained in advance.

(4) If the act pertaining to the permission pursuant to the provisions of paragraph (1) or the preceding paragraph is subject to the provisions of Article 77, paragraph (1) of the Road Traffic Act, the submission of the application pursuant to the provisions of paragraph (2) shall be made. It can be done via the police chief in charge of the area. In this case, the police chief must immediately send the application to the road manager.

(5) In the event that the road manager intends to give permission pursuant to the provisions of paragraph (1) or (3), if the act pertaining to the permission is subject to the provisions of Article 77, paragraph (1) of the Road Traffic Act, Must consult with the police chief in charge of the area in advance.

(collection of private use fees)
Article 39 (2) The amount and collection method of private use charges pursuant to the provisions of the preceding paragraph shall be specified by the ordinance of the local government that is the road manager (for national roads within designated sections, a Cabinet Order). Provided, however, that in the case specified by ordinance, the business prescribed in Article 35 and the business nationwide pertaining to the business specified by a Cabinet Order shall not exceed the scope of the standards specified by a Cabinet Order.