Sta. Rosa, Laguna Ordinance

Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

MUNICIPALITY OF SANTA ROSA ORDINANCE NO. ___ Series of 1999 AN ORDINANCE ADOPTING A LAND DEVELOPMENT GUIDANCE SYSTEM FOR THE MUNICIPALITY OF SANTA ROSA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. Be it ordained and enacted by the Sangguniang Bayan of Santa Rosa: WHEREAS, Section 20-c of the Local Government Code provides that local government units shall continue to prepare their respective Land Use Plans enacted through Zoning Ordinances which shall be the primary and dominant bases for the future use of land resources; WHEREAS, the local government of Santa Rosa, in pursuit of its development goals and objectives, formulated its Comprehensive Land Use and Development Plan which would require the enactment of regulatory measures to translate its planning goals and objectives into reality; WHEREAS, this Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use and Development Plan; NOW THEREFORE, the Sangguniang Bayan of Santa Rosa in a session assembled hereby adopts the following Zoning Ordinance. ARTICLE I TITLE OF THE ORDINANCE Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the Santa Rosa Land Development Guidance System and shall hereinafter be referred to as the LDGS. ARTICLE II AUTHORITY AND PURPOSE Section 2. Authority. The LDGS is enacted pursuant to the provisions of the Local Government Code of 1991, R.A. 7160 Section 458 (2 ix) authorising the Municipality through the Sangguniang Bayan to adopt a Zoning Ordinance in consonance with the approved Comprehensive Land Use and Development Plan and in conformity with Executive Order No. 72. Section 3.

Purposes. The LDGS is enacted for the following purposes:

1. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants of the Municipality; 2. Guide the growth and development of Santa Rosa in accordance with its Comprehensive Land Use and Development Plan;

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

3. Provide the proper regulatory environment to maximise opportunities for creativity, innovation and make ample room for development within the framework of the Municipality’s over-all goals and objectives; 4. Protect the character and stability of residential, commercial, industrial, institutional, open space and other functional areas within the Municipality and promote the orderly and beneficial development of the same; and 5. Guide the local government and the private sector in their development decisions. Section 4. General Principles. The LDGS is based on the approved Santa Rosa Comprehensive Land Use and Development Plan as per Resolution No. ___ dated ____. 1. The LDGS reflects the Municipality’s vision of “A community with a sustainable economic growth focused on industrial and commercial development that allows for maximum employment opportunities, and promotes a high quality of life through the provision of basic services and a humane and balanced environment;” 2. The LDGS recognises that any land use is a use by right but provides however that the exercise of such right shall be subject to the review standards of the LDGS; 3. The LDGS gives the free market the maximum opportunity to spur the Municipality’s development within a framework of environmental integrity and social responsibility; 4. The LDGS has been designed to encourage the evolution of high-quality developments rather than regulating against the worst type of projects; 5. The LDGS has been crafted in a manner that it is fully responsive to the ever-changing conditions that the Municipality continually face; 6. The LDGS functions as a tool for informed decision making on the part of the land use administrators by way of providing specific criteria to judge the acceptability of developments; 7. The LDGS provides a direct venue for community empowerment where the stakeholders become involved especially in critical development decisions; 8. The regulations in the LDGS are considered as land use management tools that area necessary to provide a clear guidance to land development in order to ensure the community’s common good. ARTICLE III DEFINITION OF TERMS The definition of the technical terms used in the LDGS shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and the Implementing Rules and Regulations promulgated by the HLRB. The words, terms and phrases enumerated hereunder shall be understood to have the corresponding meaning indicated as follows: 1. Agricultural Zone (AGZ) – an area intended for cultivation/fishing and pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

2. Agro-Industrial Zone – an area intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc. 3. Allowable Impervious Surface Area Ratio (AISAR) - the ratio between the coverage of ground level impervious surfaces to the total lot area. This is expressed as a percentage over and above the resultant Percentage of Land Occupancy (PLO) for each development. The computation of impervious surface area coverage shall include spaces outside the building envelope, such as driveways, walks, parking areas, etc. 4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible elements or uses and to control pollution/nuisance. 5. Building Height Limit (BHL) - the maximum height allowed for structures or buildings expressed as number of floors or storeys. 6. Central Business District - shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone) 7. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the approval of the LDGS which do not conform to the provisions herein provided. 8. Certificate of Zoning Classification – a document issued by the Zoning Administrator citing the zoning classification of the land based on this Ordinance. 9. Compatible Uses - uses or activities capable of existing together harmoniously e.g. residential use and parks and playground. 10. Comprehensive Land Use and Development Plan (CLUDP) - a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the CLUDP in this usage are the sectoral studies i.e. Environment, Social, Economic, Land Use, Transport, Infrastructure and Local Administration. 11. Conflicting Uses - uses or activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants. 12. Conforming Use - a use that is in accordance with the zone regulations as provided for in the LDGS. 13. Easement - open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks, utilities and the like. 14. Environmentally Critical Areas - refers to those areas which are environmentally sensitive and are listed in Proclamation 2146 dated 14 December, 1981, as follows: a. b. c. d. e.

All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries; Areas set aside as aesthetic potential tourist spots; Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna); Areas of unique historic, archaeological, or scientific interests; Areas which are traditionally occupied by cultural communities or tribes;

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

f.

Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.; g. Areas classified as prime agricultural lands; h. Recharge areas of aquifers; i. Water bodies characterised by one or any combination of the following conditions: • tapped for domestic purposes; • within the controlled and/or protected areas declared by appropriate authorities; and • which support wildlife and fishery activities. j. Mangrove areas characterized by one or any combination of the following conditions: • with primary pristine and dense young growth; • adjoining the mouth of major river systems; • near or adjacent to traditional productive fry or fishing grounds; • which act as natural buffers against shore erosion, strong winds and storm floods; and • on which people are dependent on their livelihood. k. Coral reef characterised by one or any combination of the following conditions: • with 50% and above live coralline cover; • spawning and nursery grounds of fish; and • which acts as natural breakwater of coastlines. 15. Environmentally Critical Projects - refer to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated 14 December 1981, as follows: a. Heavy industries • non-ferrous metal industries; • iron and steel mills; • petroleum and petro-chemical industries including oil and gas; and • smelting plants. b. Resource extractive industries • major mining and quarrying projects; and • forestry projects such as logging, major wood processing, introduction of fauna (exotic animals) in public/private forests, forest occupancy, extraction of mangroves and grazing. c. Fishery projects • dikes for/and fishpond development projects d. Infrastructure projects • major dams; • major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or geothermal); and • major roads and bridges. 16. Exception- a device which grants a property owner relief from certain provisions of the LDGS where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 17. Floor/Area Ratio (FAR) - is the ratio between the Gross Floor Area of a building and the area of the lot on which it stands. Determined by dividing the Gross Floor Area of the building and the area of the lot. The Gross Floor Area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

18. Forest Zone (FZ) – an area intended primarily for forest purposes. 19. General Commercial Zone (GCZ) – an area for trading, services and business purposes. 20. General Institutional Zone (GIZ) – an area principally for general types of institutional establishments e.g. government offices, schools, hospitals/clinics, academic/research, convention centres. 21. General Residential Zone (GRZ) – an area principally for dwelling/housing purposes. 22. Gross Floor Area (GFA) - the GFA of a building is the total floor space within the perimeter of the permanent external building walls (inclusive of main and auxiliary buildings), occupied by: a. b. c. d. e. f. g. h. i. j.

Office areas; Residential areas; Corridors; Lobbies; Mezzanine; Vertical penetrations which shall mean stairs, fire escapes, elevator shafts, pipe shafts, vertical shafts, vertical ducts, and the like and their enclosing walls; Machine room and closets; Storage rooms and closets; Covered balconies and terraces; and Interior walls and columns, and other interior features.

Excluding the following: k. l.

Covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present; and Uncovered areas for AC cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or swimming pools, whirlpool or jacuzzis, gardens, courts or plazas.

23. HLRB/BOARD - shall mean the Housing and Land Use Regulatory Board 24. Impervious Surface - type of man-made surface which does not permit the penetration of water. 25. Land Use Intensity Controls (LUIC) - refer to controls on open spaces (PLO), building bulk (FAR), building height (BHL) and impervious surfaces (AISAR). The LUIC is imposed to control, among others, traffic generation, requirements on utilities, overbuilding, over-crowding, visual access and to attain the desired zone character. The LUIC is applied as follows: a. b.

Maximum Allowable Building Area Per Floor in Square Meters = Lot Area x Allowable PLO Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable FAR

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

c.

In determining the maximum number of floors per building, BHL regulations shall apply.

For planned unit development schemes, residential subdivisions and the like, the LUIC shall apply to individual lot parcels. Gross open spaces (defined as common areas, roads, etc.) shall be governed by the requirements of PD 957, BP 220 and related regulations. For large scale projects on single blocks, i.e. those that have no lot/parcellary subdivisions, the LUIC shall mean to apply to the gross lot area of the block and the gross floor area of the buildings to be put up therein. 26. Light Industrial Zone (I-1) – an area principally for the following type of industries: a. non-pollutive/non-hazardous b. non-pollutive/hazardous 27. Locational Clearance - a clearance issued to a project that is allowed under the provisions of the LDGS as well as other standards, rules and regulations on land use. This clearance is required prior to the issuance of a building permit. 28. Medium Industrial Zone (I-2) – an area principally for the following types of industries: a. pollutive/non-hazardous b. pollutive/hazardous 29. Mitigating Device - a means to grant relief in complying with certain provisions of the LDGS. 30. Non-Conforming use - existing non-conforming uses/establishments in an area allowed to operate in spite of the non-conformity to the provisions of the LDGS subject to the conditions stipulated in the Locational Clearance. 31. Official Zoning Map - a duly authenticated map delineating the different zones in which the whole Municipality is divided. 32. Parks and Recreation Zone (PRZ) - an area wherein uses are designed for diversion/amusements and for the maintenance of the ecological balance of the community. 33. Percentage of Land Occupancy (PLO) - defined as a percentage of the maximum allowable floor area of any building (at any floor level) to the total lot size. This includes the main and auxiliary buildings. In case of discrepancy between the specified PLO in this Ordinance and the Light and Ventilation provisions of the National Building Code, the lesser allowable floor area shall prevail. 34. Rezoning – a process of introducing amendments to or change in the text and maps of the Zoning Ordinance. It also includes amendment or change in view of reclassification under Section 20 of RA 7160. 35. Setback - the open space left between the building and lot lines. 36. Socialised Housing Zone (SHZ) – shall be used principally for socialised housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

37. Variance - a Special Locational Clearance granting a property owner relief from certain provisions of the LDGS where, because of the particular physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 38. Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit. 39. Water Zone (WZ) – bodies of water that include rivers, streams, lakes and seas except those included in other zone classifications. 40. Zone - an area within the Municipality, as defined by manmade or natural boundaries, where specific land use regulations are applied. 41. Zoning Administrator - a Municipal government employee responsible for the implementation/enforcement of the LDGS. ARTICLE IV ZONE CLASSIFICATIONS Section 5. Division into Zones. The Municipality of Santa Rosa is hereby divided into five general zones, namely, Low Intensity Development, Urban Redevelopment, Growth Management – 1, Growth Management – 2 and Shoreland. Said divisions are for the purposes of the following: 1. implementing the Santa Rosa CLUDP; 2. defining specific areas of the Municipality of Santa Rosa, each requiring different standards of development to meet different circumstances present within the zone; and 3. serving the purposes and intent of the LDGS as outlined in Chapter I. The provisions contained herein anticipate the likelihood and desirability of mixing land uses. Unlike conventional zones, which segregated various land uses, the LDGS allows mixed uses and places the emphasis on minimising or buffering any nuisance factors between such uses. Further provisions impose criteria to resolve any possible problems and eliminate what might be negative impacts when unlike uses are located in proximity. Zones are distinguished according to allowable land use intensities, which are discussed in detail in succeeding articles. Section 6. below.

Description of Zones. The intent and purpose of each zone is described

1. Low Intensity Development Zone The Low Intensity Development Zone (LIDZ) is the Low Intensity Development Area described in the CLUDP. The Zone is one of the direct urban expansion areas of the Poblacion but is, however, determined to have low development capability. Limitations are due mainly to it being flood prone with unstable soils in some parts. It is delineated in order to control development in these environmentally sensitive lands.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

The LIDZ further hosts the remaining classified agricultural areas of Santa Rosa. The LDGS does not provide for the re-classification of these agricultural areas. Reclassification shall have to undergo the standard statutory proceedings as required by the Sangguniang Bayan. The LDGS provides that the LIDZ shall be a predominantly low-intensity development area having substantial vegetated and landscaped open spaces. All developments shall carefully consider drainage as well as minimise impervious surface conditions. Barangays included in the LIDZ (in whole or in part) are as follows: Sinalhan, Aplaya and Caingin. 2. Urban Redevelopment Zone The Urban Redevelopment Zone (URZ) is the Urban Redevelopment Area described in the CLUDP. It hosts the traditional business and residential districts of Santa Rosa. These districts have since expanded and evolved into a mixed-use area predominated by low to medium intensity activities. The zone, however, has moderate development capability in as much as it is located on environmentally sensitive land and has little room for substantial infrastructure improvement. It is the intent of the LDGS to encourage urban renewal to enhance the present mixeduse character of the area as well as prevent the over-burdening of infrastructure. The LDGS further promotes the low to medium-intensity mixed use development in this area, which can improve the identity and character of the zone in particular and the Municipality in general. A compact urban development pattern is desired, interspersed with strategic public open spaces. The central Poblacion area, composed of Bgys. Kanluran and Malusak, is hereby classified as a Historical Redevelopment District (HRD). This encompasses Rizal Blvd., from the foot of Sta. Rosa Bridge to the corner of G. B. Zavalla St.; F. Gomez St. from the corner of Anonuevo St. to the corner of P. Gomez St. Barangays included in the URZ (in whole or in part) are as follows: Tagapo, Market Area, Poblacion, Labas, Pooc, Balibago, Dila and Dita. 3. Growth Management Zone – 1 Growth Management Zone – 1 (GMZ-1) is described as Growth Management Area – 1 in the CLUDP. It used to be the urban fringe area of the municipality and has since experience sporadic urban growth, which is now in the process of consolidation. It also has moderate development capability with limitations due to flooding hazards and limited capacities of access roads. It is the intent of the LDGS to encourage the well-ordered consolidation of urban growth in this area. Developments shall be of moderate intensity in consideration of its natural and man-made limitations. Barangays included in GMZ - 1 (in whole or in part) are as follows: Tagapo, Macabling, Balibago, Dila, Pulong Sta. Cruz, Dita and Malitlit.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

4. Growth Management Zone – 2 Growth Management Zone – 2 (GMZ-2) is described as Growth Management Area – 2 in the CLUDP. It has high development capability with substantial potential for further development. GMZ – 2 is intended to accommodate the urban expansion requirements of the municipality, directing it away from the more environmentally sensitive lands. The LDGS promotes mixed-use high-intensity developments in the zone. Substantial ground open spaces shall be provided along with impervious surface conditions. Barangays included in GMZ - 2 (in whole or in part) are as follows: Pulong Sta. Cruz, Malitlit, Don Jose and Sto. Domingo. 5. Shoreland Zone The Shoreland Zone (SZ) is described as the Shoreland Area in the CLUDP. LLDA Resolution No. 23 Series of 1996 or the Implementing Rules and Regulations of Republic Act No. 4850 define it, as follows: a. Existing titled lands with elevation 12.50 meters and below including those titled under the Torrens System prior to the enactment of Presidential Decree No. 813 in 1975; and b. All other areas below elevation 12.50 meters as referred to a datum 10.00 meters below mean lower low water (MLLW). Per the said LLDA Resolution, the Shoreland Area “is a strip of linear open space designed to separate incompatible elements or uses, or to control pollution/nuisances and for identifying and defining development areas or zones.” The administrative and regulatory control on the land use of the Shoreland Area is vested upon the Laguna Lake Development Authority. This area is the declared Strategic and Agricultural Development Zone (SAFDZ) of Sta. Rosa. Barangays included in SZ (in whole or in part) are as follows: Sinalhan, Aplaya and Caingin. 6. Road Rights-of-Way Zone It is the intent of the LDGS to ensure the provision of adequate accessibility to all parts of the Municipality as provided in the CLUDP. With this regard, Road Rights-of-Way Zones (RROW) are delineated. All properties that are affected by the identified new road alignments shall be required to provide unimpeded road rights-of-way. Section 7. Zoning Map. It is hereby adopted as an integral part of the LDGS, the Official Zoning Map of the Municipality, duly signed by the Mayor and authenticated by the Sangguniang Panlalawigan. The designation, location and boundaries of the zones herein established are shown and indicated in the said Official Zoning Map. Appendix A and B show the General Zoning Map and the Historical Redevelopment District, respectively. Section 8. Zone Boundaries. The locations and boundaries of the above mentioned zones into which the municipality has been subdivided are hereby identified and specified as follows:

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

1. Low Intensity Development Zone The LIDZ is bounded on the west by the barangay boundaries of Tagapo, Market Area, Ibaba, Labas, Pooc, Dila and Dita. 2. Urban Redevelopment Zone The URZ is bounded on the west by the Manila South Road and on the east by the barangay boundaries of Sinalhan, Aplaya, Caingin and Pooc. 3. Growth Management Zone – 1 GMZ-1 is bounded on the west by the South Luzon Expressway and on the east by the Manila South Road, as presented in the Zoning Map. 4. Growth Management Zone – 2 The Municipalities of Silang, Binan and Cabuyao bound GMZ-2 to the west, north and south, respectively. The South Luzon Expressway also bound it at the east. 5. Shoreland Zone The boundaries of the Shoreland Zone shall be as provided by LLDA Resolution No. 23 Series of 1996 or the Implementing Rules and Regulations of Republic Act No. 4850. 6. Road Rights-of-Way Zone The alignment of the RROW Zones shall be as measured from the RROW Zone Map (Appendix C). The measured distance shall be construed as the centre line of the said RROW. The respective RROW widths shall then be reckoned at an equal distance from these centre lines. These RROW widths are presented as follows: RROW Code TR-1 TR-4 TR-5 TR-6 TR-7

Category Farm-to-market Secondary Primary Primary Secondary

RROW Width (mts.) 10 20 30 30 20

Section 9. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any of the zones indicated on the Official Zoning Map, the following rules shall apply: 1. Where zone boundaries are so indicated that they approximately follow the centre of streets or highway, the street or highway right-of-way lines shall be construed to be the boundaries. 2. Where zone boundaries are so indicated that they approximately follow barangay boundary lines, the delineation shall be based on those indicated on the cadastral maps.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

3. Where zone boundaries are so indicated that they are approximately parallel to the centre lines or right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated in the Official Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning map. 4. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line should be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries following bodies of water shall be subject to public easement requirements as provided in the Water Code, in the provisions of this ordinance and with other applicable regulations. 5. Where a zone boundary line divides a lot of single ownership, as of record at the effective date of the LDGS, the lot shall be construed to be within the zone where the major portion of the lot is located. In case the boundary line bisects the lot, it shall fall in the zone where the principal structure falls. 6. Where zone boundaries are said to be as indicated in the Official Zoning Map, the location of the parcel in consideration shall be referred to from the cadastral map and overlain to the former. 7. The mapped location of the property in consideration shall prevail over that of the textual description. ARTICLE V GENERAL REGULATIONS Section 10. General Provision. The Municipality recognizes that any land use is a use by right but provides that the exercise of such right shall be subject to the review standards of the LDGS. Classification of Uses. Development proposals shall be classified Section 11. according to the allowed uses within the following zones, as defined by the HLRB: • • • • • •

General Residential Zone Socialised Housing Zone General Commercial Zone Light Industrial Zone Medium Industrial Zone Heavy Industrial Zone

• • • • • •

General Institutional Zone Special Institutional Zone Agricultural Zone Agri-Industrial Zone Forest Zone Parks and Recreation Zone

The definition as well as the list of allowable uses within each classification as provided by the HLRB to the above is adopted in this Ordinance and are exhibited in Appendix D. Section 12. Height Regulations. Unless otherwise stipulated in this ordinance, building heights must conform with the height restrictions and requirements of the Air Transportation Office (ATO), the National Building Code, Structural Code and other rules and regulations related to land development and building construction.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

Section 13. Subdivisions, Condominiums, Economic and Socialized Housing. Projects classified as Subdivisions and Condominiums or Economic and Socialized Housing shall conform to the rules and regulations of the following: 1. PD 957, “Subdivision and Condominium Buyers’ Protective Law” and its implementing rules and regulations; 2. Batas Pambansa 220, “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialised Housing Projects” and its revised implementing rules and regulations; 3. RA 7279, “Urban Development and Housing Act;” and 4. Other pertinent government rules and regulations. Section 14. Unless otherwise specified in this Building Setback Regulations. ordinance, building setback regulations shall be per the minimum requirements of the National Building Code. Section 15. Easement. Pursuant to the provisions of the Water Code, the following easements shall be observed: 1. The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins, are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind. 2. Mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by PHIVOLCS. Section 16. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (P.D. 1096), as amended, relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling on rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed. Section 17. Network of Green and Open Spaces. All residential and commercial subdivisions are required to provide green strips and forest parks as provided in Sangguniang Bayan Resolution 768-99. The LDGS provides that industrial subdivisions shall also be required to comply with the provisions of the said Resolution. For this purpose, the suitable tree species are exhibited in Appendix E – HLRB Administrative Order No. 02 Series of 1997. Section 18. Projects of National Significance. Projects may be declared by the NEDA Board as Projects of National Significance pursuant to Section 3 of Executive Order No. 72. When a project is declared as such by the NEDA Board, the Locational Clearance shall be issued by the HLRB pursuant to EO 72, in consultation with the Municipality of Santa Rosa in order to ensure that the requirements of the LDGS are met.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

Section 19. Environmental Compliance Certificate. Projects within the scope of the Environmental Impact Assessment System or those that are classified as Environmentally Critical Projects or those which are located in Environmentally Critical Areas shall not be commenced, developed or operated unless the requirements of the Environmental Compliance Certificate have been complied with. Section 20. Subdivision Projects. All owners and developers of subdivision projects shall, in addition to securing a Locational Clearance as provided by this Ordinance be required to secure a development permit pursuant to the provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its Implementing Rules and Regulations in the case of Socialised Housing Projects in accordance with the procedures laid down in EO 71, Series of 1993. Section 21. Infrastructure Capacities. All developments shall not cause excessive requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. All developments shall exhibit that their requirements for public infrastructure (such as roads, water supply and the like) are within the capacities of the system/s serving them. Section 22. Major, high intensity facilities such as Traffic Impact Assessment. commercial-residential buildings having four floors and above, shopping centres, schools, universities, industrial estates and/or other similar developments that are required to provide 20 or more vehicular parking slots by the National Building Code, shall be required to submit Traffic Impact Assessments which shall form part of the requirements for Locational Clearance. Other traffic generating developments, as determined by the Zoning Administrator, shall be required to submit the same. Section 23. Major facilities such as Socio-Economic Impact Assessment. industrial estates, industrial establishments, shopping centres and/or similar facilities that require 50 or more employees during operations shall be required to submit SocioEconomic Impact Assessments which shall form part of the requirements for Locational Clearance. Proponents shall establish that their developments shall cause direct socioeconomic benefits to the municipality such that they prioritise the hiring of qualified residents of the municipality, provide relevant employee housing facilities/assistance and/or prioritise the sourcing of materials and supplies from the municipality. ARTICLE VI INNOVATIVE TECHNIQUES Section 24. Innovative Techniques or Designs. For projects that introduce flexibility and creativity in design or plan such as but not limited to Planned Unit Development, Housing projects covered by New Town Development under RA 7279, BLISS Commercial Complexes, etc., the Zoning Administrator shall on grounds of innovative development techniques forward applications to HLRB for appropriate action. ARTICLE VII PERFORMANCE STANDARDS Section 25. Buffer Yards. Building setbacks shall be considered as buffer yards. Aside from providing light and ventilation, buffers can mitigate adverse impacts and nuisances between two adjacent developments. Whenever necessary, buffers shall be required to be extended and/or provided with planting materials in order to ameliorate said

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

negative conditions such as, but not limited to, noise, odour, unsightly buildings or danger from fires and explosions. A buffer may also contain a barrier, such as a berm or a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities. 1. Buffers Between Adjoining Properties. Between two different developments, e.g. General Residential and General Commercial, the more intense land use shall provide the proper buffer design and materials. If a development shall occur beside a vacant lot, the owners of the properties in consideration may submit a contractual agreement whereby the required buffer for the first area to develop shall be reduced or waived. If additional buffer will be required at the time the vacant lot develops, it shall be provided by the latter development. 2. Buffers on Simultaneous Developments. The more intense use shall provide the necessary buffer in cases when two developments occur simultaneously. 3. Location of Buffers. The building setbacks shall serve as buffer locations, at the outer perimeter of a lot or parcel. In no case shall buffers occupy public or private street rights-of-way. 4. Types of Buffers. Landscaped buffers with suitable foliage are encouraged. On developments where it may not be possible to put in landscaped buffers (such as narrow lots), the developer may put up a fence provided the fencing material is compatible with the design of the building. 5. Land Uses in Buffer Areas. Buffers are part of yards and open spaces and in no case shall buildings encroach upon it. It may, however, be used for passive recreation such as gardening, pedestrian trails, etc. Section 26. Environmental Conservation and Protection Standards. It is the intent of the LDGS to protect the natural resources of the Municipality. In order to achieve this objective, all development shall comply with the following regulations: 1. Views shall be preserved for public enjoyment especially in sites with high scenic quality by closely considering building orientation, height, bulk, fencing and landscaping. 2. The utilisation of the water resources of the Municipality for domestic and industrial use shall be allowed provided it is in consonance with the development regulations of the DENR, provisions of the Water Code, the Revised Forestry Code of the Philippines, as amended, and whenever necessary, be subjected to an Environmental Impact Assessment Study; 3. Heavy water using industrial (e.g. soft drink bottling), recreational (golf courses, water theme parks and the like) and other facilities shall be discouraged to locate within the Municipality; 4. Land use activities shall not cause the alteration of natural drainage patterns or change the velocities, volumes, and physical, chemical, and biological characteristics of stormwater. Streams, watercourses, wetlands, lakes or ponds shall not be altered, regraded, developed, piped, diverted or built upon;

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

5. All developments shall limit the rate of stormwater runoff so that the rate of runoff generated is no more than that of the site in its natural condition; and 6. All developments shall undertake the protection of rivers, streams, lakes and ponds from sedimentation and erosion damage. 7. The internal drainage systems of developments shall be so designed as not to increase turbidity, sediment yield, or cause the discharge of any harmful substances that will degrade the quality of water. Water quality shall be maintained according to DENR DAO No. 34 – Revised Water Usage and Classification/Ambient Water Quality Criteria; 8. Municipal and industrial wastewater effluents shall not discharge into surface and groundwater unless it is scientifically proven that such discharges will not cause the deterioration of the water quality. Effluents shall be maintained according to DENR DAO No. 35 – 91 – Establishing Effluent Quality Standards for Class “C” Inland Waters; 9. Floodplains shall not be altered, filled and/or built upon without proper drainage design and without proper consideration of possible inundation effects on nearby properties; 10. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke or any other air polluting material that may have deleterious effects on health or cause the impairment of visibility are not permitted. Air quality at the point of emission shall be maintained at specified levels according to DENR DAO No. 14 Revised Air Quality Standards of 1992. 11. Mature trees or those equal to or greater than 12 inches calliper measured 14 inches above the ground shall not be cleared or cut; and 12. Easements shall at all times be observed along the banks of rivers, streams and major National Irrigation canals (greater than 2 meters) and the shores of the lake throughout their entire length pursuant to the provisions of the Water Code of the Philippines; likewise irrigation canals of the National Irrigation Authority shall be provided with similar easements. Section 27. Historical Preservation and Conservation Standards. Historic sites and facilities shall be conserved and preserved. These shall, to the extent possible, be made accessible for the educational and cultural enrichment of the general public. The following shall guide the development of historic sites and facilities: 1. Sites with historic buildings or places shall be developed to conserve and enhance their heritage values. 2. Historic sites and facilities shall be adaptively re-used. Section 28. Site Performance Standards. The Municipality considers it in the public interest that all projects are designed and developed in a safe, efficient and aesthetically pleasing manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties. All project elements shall be in complete harmony according to good design principles and the subsequent development must be

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

visually pleasing as well as efficiently functioning especially in relation to the adjacent properties and bordering streets. The quality of every neighbourhood shall always be enhanced. The design, construction, operation and maintenance of every facility shall be in harmony with the existing and intended character of its neighbourhood. It shall not change the essential character of the said area but will be a substantial improvement to the value of the properties in the neighbourhood in particular and the community in general. Further, designs should consider the following: 1. Sites, buildings and facilities shall be designed and developed with regards to safety, efficiency and high standards of design. The natural environmental character of the site and its adjacent properties shall be considered in the site development of each building and facility. 2. The height and bulk of buildings and structures shall be so designed that it does not impair the entry of light and ventilation, cause the loss of privacy and/or create nuisances, hazards or inconveniences to adjacent developments. 3. Abutments to adjacent properties shall not be allowed without the neighbour’s prior written consent which shall be required by the Zoning Administrator prior to the granting of a Locational Clearance; and 4. The capacity of parking areas/lots shall be per the minimum requirements of the National Building Code. These shall be located, developed and landscaped in order to enhance the aesthetic quality of the facility. In no case shall parking areas/lots encroach into street rights-of-way. 5. Developments that have lot areas of two hectares or more and which attract a significant volume of public modes of transportation, such as tricycles, PUJs, buses, etc., shall provide on-site parking for the same. These should also provide vehicular loading and unloading bays so as through street traffic flow will not be impeded. 6. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing machinery. Noise levels shall be maintained according to levels specified in DENR DAO No. 30 - Abatement of Noise and Other Forms of Nuisance as Defined by Law. 7. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits of the property. ARTICLE VIII SPECIFIC ZONE GUIDELINES Section 29.

Low Intensity Development Zone (LIDZ) Guidelines

1. Allowed Uses All uses allowed under the following classifications of the HLRB: a. General Residential Zone

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b. c. d. e. f.

Socialised Housing Zone General Commercial Zone General Institutional Zone Agricultural Zone Parks and Recreation Zone

2. Land Use Intensity Control Ratings Following is the LUIC rating that shall be observed in the LIDZ: Maximum PLO 0.4 Section 30.

Maximum FAR 1.0

Maximum BHL 3.0

AISAR Plus 10% of resultant PLO

Urban Redevelopment Zone (URZ) Guidelines

1. Allowed Uses All uses allowed under the following classifications of the HLRB: a. b. c. d. e.

General Residential Zone Socialised Housing Zone General Commercial Zone General Institutional Zone Parks and Recreation Zone

2. Land Use Intensity Control Ratings Following is the LUIC rating that shall be observed in the URZ: Maximum PLO 0.6

Maximum FAR 2.0

Maximum BHL 4.0

AISAR Plus 10% of resultant PLO

3. Historical Redevelopment District All uses allowed within the URZ are allowed in the Historical Redevelopment District (HRD). Moreover, the applicable LUIC is as follows: Maximum PLO 0.8

Maximum FAR 2.0

Maximum BHL 3.0

AISAR 100% of total lot area

The design and construction of all buildings, structures and other facilities therein shall observe a Hispanic Architectural motif, circa 1800s and must remain compatible with the architecture of the municipal hall. The town plaza shall also be rehabilitated along the same architectural character. Further, all commercial signages, billboards, advertising signs and the like shall not exceed six meters in height nor shall be of such dimensions as to dominate the visual landscape and obstruct views. Their designs and materials shall also conform to the historic character of the District.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

Section 31.

Growth Management Zone – 1 (GMZ - 1) Guidelines

1. Allowed Uses All uses allowed under the following classifications of the HLRB: a. b. c. d. e. f. g.

General Residential Zone Socialised Housing Zone General Commercial Zone General Institutional Zone Light Industrial Zone Agricultural Zone Parks and Recreation Zone

2. Land Use Intensity Control Ratings Following is the LUIC rating that shall be observed in GMZ-1: Maximum PLO 0.6

Maximum FAR 3.0

Maximum BHL None

AISAR Plus 10% of resultant PLO

3. Intensity Bonus The LDGS encourages developments with substantial ground and air open spaces. Developments that reduce their PLO coverage shall be entitled to the following additional allowances in the maximum FAR and the AISAR. PLO Reduction (%) 10 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70 to 80 Section 32.

Additional FAR (%) 5 7 10 12 15 17 20

Additional AISAR (%) 10% of allowed PLO 20% of allowed PLO 30% of allowed PLO 40% of allowed PLO 50% of allowed PLO 60% of allowed PLO 70% of allowed PLO

Growth Management Zone – 2 (GMZ-2) Guidelines

1. Allowed Uses All uses allowed under the following classifications of the HLRB: a. b. c. d. e. f. g. h.

General Residential Zone Socialised Housing Zone General Commercial Zone General Institutional Zone Special Institutional Zone Light Industrial Zone Medium Industrial Zone Agricultural Zone 18

Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

i.

Parks and Recreation Zone

2. Land Use Intensity Control Ratings Following is the LUIC rating that shall be observed in GMZ-2: Maximum PLO 0.6

Maximum FAR 4.0

Maximum BHL None

AISAR Plus 10% of resultant PLO

3. Intensity Bonus As in GMZ-1, the following Intensity Bonus applies to developments in GMZ-2: PLO Reduction (%) 10 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70 to 80

Additional FAR (%) 5 7 10 12 15 17 20

Additional AISAR (%) 10% of allowed PLO 20% of allowed PLO 30% of allowed PLO 40% of allowed PLO 50% of allowed PLO 60% of allowed PLO 70% of allowed PLO

Section 33. Shoreland Zone (SZ) Guidelines. The administrative and regulatory control on the land use of the Shoreland Zone is vested upon the Laguna Lake Development Authority. This area is also the declared Strategic and Agricultural Development Zone (SAFDZ) of Sta. Rosa. Per LLDA Resolution No. 23 Series of 1996 or the Implementing Rules and Regulations of Republic Act No. 4850, the allowable uses are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Tree farming / planting; Recreational uses (with no permanent facilities); Agriculture; Fishponds; Backyard poultry; Dockyards and boat sheds; Research facilities; Fishport; and Other facilities that will not pose pollution or cause disturbances to the ecological balance of the lake. ARTICLE IX MITIGATING DEVICES

Section 34. Deviation. The Local Zoning Board of Adjustment and Appeals (LZBAA) may allow exceptions, variances or deviations from the provisions of this Ordinance only when the following terms and conditions are existing: 1. Variance 19

Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s cannot obtain a reasonable return on the property. This condition shall include at least three of the following provisions. •

Conforming to the provisions of the LDGS will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) which is not self-created.

•

The proposed variance is the minimum deviation necessary to permit reasonable use of the property.

•

The variance will not alter the physical character of the district or zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of the other properties in the same zone.

•

That the variance will not weaken the general purpose of the LDGS and will not adversely affect the public health, safety or welfare.

•

The variance will be in harmony with the spirit of the LDGS.

2. Exceptions a. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community. b. The proposed project shall support economic based activities/ provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community. c. The exception will not adversely affect the appropriate use of adjoining property in the same zone. d. The exception will not alter the essential character and general purpose of the zone where the exception sought is located. Section 35. Procedures for Granting Exceptions and Variances. The procedure for the granting of exception and/or variance is as follows: 1. A written application for an exception or variance shall be filed with the Local Zoning Board of Adjustment and Appeals (LZBAA) citing the section of the LDGS under which the same is sought and stating the ground/s thereof. 2. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site. 3. The LZBAA shall conduct preliminary studies on the application. 4. A written affidavit of non-objection of the project by the owners of the properties adjacent to the project shall be filed by the applicant with the LZBAA at least 15 days prior to the decision for exception/variance.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

5. In case of objection, the LZBAA shall hold public hearing. 6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The LZBAA shall render a decision within 30 days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing in case of any objection to the granting of exception/variance. ARTICLE X ADMINISTRATION AND ENFORCEMENT Section 36. All land owners/developers shall secure Locational Clearance. Locational Clearance from the Zoning Administrator or, in case of variances and exemptions, from the LZBAA prior to conducting any activity or construction on their property/land. Section 37. Building Permit. The Local Building Official shall not issue a Building Permit without a valid Locational Clearance issued in accordance with the LDGS. Section 38. Business Permit. The concerned local unit or department shall not issue a Business Permit unless a valid Locational Clearance and Occupancy Permit have been issued. Section 39. Non-User of Locational Clearance. Upon issuance of a Locational Clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such clearance on his/her property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his/her project without applying for a new Locational Clearance. Section 40. Issuance of Zoning Classification. An applicant may request from the Office of the Zoning Administrator the status of their land/property in relation to the LDGS. Such document shall not be used as a Locational Clearance but as reference only for planning and may be amended by the Local Zoning Review Committee without any prior notice from the owner or applicant as the need arises based on the reasons/situations stated herein. Section 41. Certificate of Non-Conformance. The owner of the structure or operator of the activity involved shall apply for a certificate of Non-Conformance within six months from the ratification of the LDGS by the Sangguniang Panlalawigan. Failure on the part of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the LDGS and is subject to fine/penalties. Upon approval of this Ordinance, the Zoning Administrator shall immediately notify owners of known existing non-conforming use to apply for a certificate of nonconformance.

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

Section 42. Existing Non-Conforming Uses and Buildings. The lawful uses of any building, structure or land at the time of adoption or amendment of the LDGS may be continued, although such uses do not conform with the provision of the LDGS, provided: 1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of the LDGS or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of the LDGS; 2. That no such non-conforming use which has ceased operation for more than one year be again revived as non-conforming use; 3. An idle/vacant structure may not be used for non-conforming activity; 4. That any non-conforming structure, or structures under one ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost; 5. That should such non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the LDGS; 6. That no such non-conforming use maybe moved to displace any conforming use; 7. That no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity; and 8. That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated. Section 43. Responsibility for Administration and Enforcement. The LDGS shall be enforced and administered by the Local Chief Executive through the Zoning Administrator who shall be appointed by the former in accordance with existing rules and regulations on the subject. Section 44. Powers and Functions of a Zoning Administrator. Pursuant to the provisions of EO 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and Section 7 of Executive Order No. 648 dated 07 February 1981, the Zoning Administrator shall perform the following functions, duties and responsibilities: 1. Enforcement a. Act on all applications for Locational Clearances for all projects. •

Issuance of Locational Clearance for projects conforming to the regulations of the LDGS.

•

Recommend to the Local Zoning Board of Adjustment and Appeals (LZBAA) the grant or denial of applications for variances and exemptions and the issuance of

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the zoning ordinance, including clearances for repairs/renovations on non-conforming uses consistent with the guidelines therefore. b. Monitor on-going/existing projects within their respective jurisdictions and issue notices of violation and show cause order to owners, developers, or managers of projects that are in violation of the provisions of the LDGS and if necessary, pursuant to Section 3 of Executive Order No. 71 refer subsequent actions thereon to the HLRB. c. Call and co-ordinate with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this Ordinance. d. Co-ordinate with the Municipality Fiscal/Municipality Legal Officer for other legal actions/remedies relative to the foregoing. 2. Planning a.

Co-ordinate with the Regional Office of the HLRB regarding proposed amendments to the zoning ordinances prior to adoption by the Sangguniang Bayan.

Section 45. Action on Complaints and Oppositions. A complaint for violation of any provisions of the LDGS or any clearance or permits issued pursuant thereto shall be filed with the LZBAA. Further, oppositions to application/s for Locational Clearance, Variance or Exception shall be treated as a complaint and dealt with in accordance with the provisions of this section. Section 46. Functions and Responsibilities of the Local Zoning Board of Adjustments and Appeals. There is hereby created a LZBAA which shall perform the following functions and responsibilities: 1. Act on applications of the following nature: a. b. c. d.

Variances Exceptions Non-Conforming Uses Complaints and oppositions to application/s

2. Act on appeals on Grant or Denial of Locational Clearance by the Zoning Administrator. Section 47. Composition of the Local Zoning Board of Adjustment and Appeals (LZBAA). The Municipality Development Council shall create a sub-committee that shall act as the LZBAA, composed of the following members: 1. 2. 3. 4. 5.

Municipal Mayor as Chairman; Municipal Legal Officer; Municipal Assessor; Municipal Engineer; Municipal Planning and Development Co-ordinator (if other than the Zoning Administrator;

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Santa Rosa Comprehensive Land Use and Development Plan Final Report Zoning Ordinance

6. Two representatives of the private sector nominated by their respective organisations and confirmed by the Municipality or municipal mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives; and 7. Two representatives from non-government organisations nominated by their respective organisations and confirmed by the Municipality mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives. For purposes of policy co-ordination, the LZBAA shall be attached to the Municipal Development Council. Section 48. Review of the Zoning Ordinance. The Municipal Development Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the LDGS considering the CLUDP, and as the need arises, based on the following reasons/situations: 1. 2. 3. 4.

Change in local development plans; Introduction of projects of national significance; Petition for rezoning; and Other reasons which are appropriate for consideration.

Section 49. Composition of the Local Zoning Review Committee (LZRC). The Local Zoning Review Committee shall be composed of sectoral experts. These are the Local Officials/Civic Leaders responsible for the operation, development and progress of all sectoral undertakings in the locality, e.g.: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Municipal Planning and Development Co-ordinator Municipal Health Officer Municipal Agriculturist President, Association of Barangay Captains Municipality Engineer Community Environment and Natural Resources Officer (CENRO) Municipal Agrarian Reform Officer (MARO) District School Supervisor Three Private Sector Representatives (Local Chamber of Commerce, Housing Industry and Homeowner’s Association) 10. Two NGO Representatives For purposes of policy and program co-ordination, the LZRC shall be attached to the Municipal Development Council. Section 50. Functions of the Local Zoning Review Committee. The Local Zoning Review Committee shall have the following powers and functions: 1. Review the LDGS for the following purposes: a.

Determine amendments or revisions necessary in the LDGS because of changes that might have been introduced in the CLUDP;

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b.

Determine changes to be introduced in the CLUDP in the light of permits given, and exceptions and variances granted; and

c.

Identify provisions of the LDGS that are difficult to enforce or are unworkable.

2. Recommend to the Sangguniang Bayan necessary legislative amendments and to the local planning and development staff the needed changes in the plan as a result of the review conducted. 3. Provide information to the HLRB that would be useful in the exercise of its functions. Section 51. Amendments to the LDGS. Changes in the LDGS, as a result of the review by the Local Zoning Review Committee shall be treated as an amendment, provided that any amendment to the LDGS or provisions thereof shall be subject to public hearing and review and evaluation of the Local Zoning Review Committee and shall be carried out through a resolution of three fourths vote of the Sangguniang Bayan. Said amendments shall take effect only after approval and authentication by the Sangguniang Panlalawigan. Section 52. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P2, 500.00 or an imprisonment for a period not exceeding six months or both at the discretion of the Court. In case of violation by a corporation, partnership or association the penalty shall be imposed upon the erring officers thereof. Section 53. Suppletory Effect of Other Laws and Decrees. The provisions of the LDGS shall be without prejudice to the application of other laws, presidential decrees, letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the CLUDP. Section 54. Separability Clause. Should any section or provision of the LDGS be declared by the Court to be unconstitutional or invalid, such decision shall not affect the validity of the LDGS as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Section 55. Repealing Clause. All ordinances, rules or regulations in conflict with the provisions of the LDGS are hereby repealed, provided that the rights that are vested upon the effectivity of the LDGS shall not be impaired. Section 56. Effectivity Clause. This Ordinance shall become effective 10 days after a copy thereof is posted at the entrance of the municipal hall and in at least two other conspicuous places in the municipality.

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APPENDIX A GENERAL ZONING MAP APPENDIX B HISTORICAL REDEVELOPMENT DISTRICT APPENDIX C ROAD RIGHTS-OF-WAY ZONE APPENDIX D HLRB USE PROVISIONS APPENDIX E SUITABLE TREE SPECIES

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