Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
1st City Board 11th Session
3rd Year Assembly Bill No. 53
ORDINANCE NO. 8
"AN ORDINANCE ESTABLISHING REGULATIONS FOR SUBDIVISIONS IN THE CITY OF PAGADIAN AND IMPOSING PENALTIES FOR VIOLATION THEREOF"
BE IT ORDAINED BY THE CITY BOARD OF PAGADIAN, THAT:
ARTICLE I
TITLE OF REGULATIONS
SECTION 1. These regulations shall be known as The Subdivision Regulations of Pagadian City.
ARTICLE II
DEFINITIONS
SECTION 2. For purposes of these regulations, the following words or phrases shall have the following meaning or definition:
a. Commission - means the National Urban Planning Commission of the Philippines created by Executive Order No. 98, dated March 11, 1946.
b. Subdivision - means the division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of a sale or building development. It includes re-subdivision, and when appropriate to the context, relates to the process of subdividing as to the land or territory subdivided.
c. Subdivider means the owner or owners of land or their authorized representatives who proposes to carry out a subdivision for the purpose, whether immediate or future, of sale or building development.
d. City Engineer - means the representative of the Director of Public Works and the Commissioner of Public Highways in Pagadian City. In the absence of the City Planning Board, shall act as the Administrative Officer for the proper implementation of this Subdivision Regulations.
e. Plot includes plan, plot or replot.
f. Lot means a parcel of land intended for transfer of ownership or for building development.
g. Frontage means the width of the lot abutting on a street.
h. Street means relate to and includes roads, highways, avenues, boulevards, freeways, parkways, lanes, alleys or other vehicular ways or any part or parts thereof.
i. Major Street - street designed or intended to accommodate a considerable volume of through traffic.
j. Secondary or Minor Streets - a nearby paralleled street to a major street which serves as a relief for traffic at peak hours.
k. Alley - means a narrow passageway for vehicles, providing access to the rear of building or lots.
l. Dead-End Street - means a street having no vehicular outlet at one end.
m. Sidewalk - is a walk for pedestrian at the side of a street between the curb line and the property line which may be wholly paved or may consist of paved strip and planted strip.
ARTICLE III
GENERAL REQUIREMENTS
SECTION 3. Permit Requirements - It shall be unlawful for any person, partnership, company or corporation to subdivide and sell lands or to enter into contract with option to buy or sell within the City of Pagadian unless the preliminary subdivision plan is duly recommended for approval by the City Engineer and the Director of Planning, National Planning Commission and approved by the City Board through the City Mayor.
SECTION 4. Applications and Subdivision Data Required: - Any person, partnership, company, corporation or its duly authorized representative desiring such subdivision permit shall file an application on the prescribed form to be furnished by the City Engineer together with six (6) printed copies of the preliminary plan of the proposed subdivision on a suitable scale preferably 1:1,000 (to facilitate checking) duly signed by a license Geodetic Engineer, with the following subdivision features, viz:
1. Title of the subdivision.
2. Location of proposed subdivision.
3. Technical description of the boundaries of the lot/lots or land to be subdivided, particularly the sides abutting the National Road and City Streets.
4. Total area of the land to be subdivided.
5. Type of surfacing and width of the different roads to be provided.
6. Other improvements to be provided.
7. Minimum area of the lots.
8. Minimum frontage of the lots.
9. Total area to be provided for open spaces or dedicated for public use.
10. Typical street cross-section to be provided.
11. Index map on a suitable scale, preferably 1:5,000 showing the area to be subdivided in relation to its immediate vicinity.
12. Topography of the area to be subdivided by means of contour lines two (2) meters interval.
SECTION 5. Conformity to the General Plans: -
a. All proposed subdivision shall conform to the approved General Plan, or Section thereof, and to the building and zoning ordinances or regulations in force in the City of Pagadian.
b. Whenever a tract of land to be subdivided embraces any part of a public way designated as such in an approved plan, or section thereof, the portion of the public way falling within such tract shall plotted by the subdivider in the same location and with the same width as indicated in such approved plan. The relation or conformity of proposed streets to already approved plans shall be certified by the City Engineer. To facilitate such certification, propose streets and blocks facing an existing highway or street shall be laid from control points to be set under the direction and supervision of the City Engineer.
SECTION 6. Street Layout: -
a. General considerations and guides in the preparation of subdivision plan:
1. Plan the street layout so that traffic would flow toward principal streets.
2. Avoid placing streets on tract boundaries.
3. Plan streets for easy laying out of drainage pipes and other underground utilities.
4. Avoid, as much as possible, the use of dead-end streets.
5. Streets should intersect each other as nearly at right angle as is practicable, and the number of streets converging upon a single point should be kept to a minimum.
6. For safety and convenience, no angle less than forty-five degrees at street intersections shall be allowed.
b. Conformity with a plan for the most advantageous neighborhood development. The street layout shall be in conformity with a plan for the most advantageous development of the entire neighboring area. Proposed streets should be planned in relation with the existing, planned, or platted streets with which they are to connect.
c. Relations to topography - proposed streets shall be laid out to conform to the topography of the land so as to produce usable lots and streets of reasonable gradients.
d. Relation to highway and street-right-of-ways - Whenever the proposed subdivision contains, or is adjacent to, a highway or street, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between such streets and existing highway or street. Such distance shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.
e. Half-street - should a neighborhood development call for the placing of a street on tract boundaries, the platting of a half-street may be allowed provided the other half is concurrently platted, with the written consent of the affected owner or owners, to make a full street of at least 10 meters.
SECTION 7. Dead-End Streets, Service Streets and Parking Spaces: -
a. Dead-end streets shall not exceed 100 meters in length, except where unusual topographic conditions exist.
b. Service streets - If the subdivision or portion thereof embraces commercial, business or industrial zones, like markets, etc., provisions should be made for service streets so far as may be deemed necessary to avoid interruption of traffic along general purpose streets.
c. Parking Spaces - If the subdivision or portion thereof embraces commercial or business zones, it is mandatory on the part of the subdivision owner or owners to provide off-street parking spaces near or along platted business lots and in all other places where there may be such concentration of vehicles that congestion in adjoining streets will result.
SECTION 8. Minimum Street Widths: - the widths (measured from lot line to lot line) shall be as follows:
a. National Highway, as required by the Bureau
of Public Highways 60.00 m.
b. Major business streets (streets around proposed markets or commercial centers) 20.00 m.
c. Minor business streets (streets more or less parallel and next to the major streets) 15.00 m.
d. Inter-neighborhood and major streets 15.00 m.
e. Secondary residential streets 12.00 m.
f. Minor residential and service streets 10.00 m.
g. Dead-end streets, which should be not more than 100 meters long and shall terminate in a circular right-of-way with a minimum diameter of 20 meters 10.00 m.
h. Alley 6.00 m.
SECTION 9. Lots and Block: -
a. General Requirements: - No building shall be platted in areas which are unsuitable for the use proposed by the subdivider and not approved by the City Engineer. The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated, and shall conform to the following:
1. Normally every lot shall abut on a street of at least 10 meters in width. However, under the following exceptions, interior lots (of not more than 4), resulting from the subdivision of already developed areas, may be provided with a suitable turn around, subject to the approval of the City Engineer.
2. Residential blocks adjoining a National Highway shall contain only a single tier of lots and these lots shall face a street parallel or almost parallel to the National Highway. Private access towards a National Highway from private lots shall be kept to a minimum.
3. Corner lots shall be large enough to allow houses to conform to building lines on both the front and the sides streets.
4. Boundaries of lots located at intersections of streets shall be at right angle as much as possible.
5. Acute-angle lots shall be avoided.
b. Minimum Size and Frontage of Lots: - Rectangular lot shall have an area of at least 180 square meters, with a minimum street frontage of 12 meters, except in cases of lots fronting a cul-de-sac, a turn around or a curve having a radius of 20 meters or less, a street frontage of not less than 10 meters may be allowed.
c. Maximum Length of Blocks: - Blocks shall not exceed 400 meters in length. An alley not less than 6 meters wide shall be provided near the center of any blocks that is more than 250 meters long.
d. Building Restrictions: - No building of any kind should be constructed within the proposed subdivision unless the corresponding building permit is duly approved by the proper authorities in accordance with the existing building and zoning regulations of Pagadian City.
SECTION 10. Areas for Community Use: - All proposed subdivision of one (1) hectare or more shall be provided with suitable areas for parks, playground, play lots and/or other recreational purposes to be dedicated for public use which area or areas shall comprise at least 5% of the gross areas of the subdivision. Open spaces so dedicated for public use shall be more or less centrally located for the convenience of all property lot owners in the vicinity. Furthermore, it should be consolidated as much as possible for maximum utility and not broken into small lots and far apart from each other. All open spaces so designated shall be reserved for such purposes only, except as otherwise provided herein.
SECTION 11. Change of Public Use: - Whenever a site which has been officially designated for public or community use shall not have been used for the purposes for which designated, during the ten (10) years next following approval of the plat, same will automatically be come the property of the City of Pagadian and the City Mayor with the recommendation of the City Engineer, may after due notice and public hearing, authorize the change in the use to other purposes.
ARTICLE IV
IMPROVEMENTS
SECTION 12. General Requirements:
a. All improvements required under this regulation should be constructed in accordance with government specifications adopted by the City Engineer for similar improvements constructed at public expenses.
b. Roadways - all roadways shall be paved, Macadam pavement on a suitable base shall be considered the minimum standard or pavement that shall be used.
c. Curbs and Gutters - concrete curbs and gutters shall be provided along each edge of all roadways.
d. Water Lines - the subdivider or subdivision owner must provide the subdivision with adequate water facilities. Water mains shall be of sufficient size to provide at least one (1) standard fire plug within 150 meters of each residence. Plans and specifications of water main lines, showing size, materials used, locations of gate valves, fire hydrants, etc., should first be approved by the City Engineer, before said water main lines are constructed.
e. Drainage - all subdivisions shall be properly and adequately drained by either open canals or covered R.C. pipes as approved or directed by the City Engineer.
f. Light Facilities - all subdivisions must be provided with adequate light facilities, plans and specifications of which should first be recommended by the Manager of the Pioneer Electric Company and approved by the City Engineer before same are constructed or installed.
g. Markets - the corners of all lots and the beginning and ending of all curves on property lines shall be accurately marked on the ground with concrete monuments in accordance with the specifications of the Bureau of Lands.
h. Utilities In General - unless street areas are conveyed to the city, the approval of a subdivision plan binds the subdivider and his successors to permit all public utilities to use the streets for furnishing services to the subdivisions, in accordance with existing regulations of the City of Pagadian.
i. Subdivision lots shall be filled up with suitable filling materials, to the grade established by the City Engineer.
SECTION 13. Maintenance of Subdivision Streets: - Until the streets in the subdivision shall have been conveyed to the government or shall have received the legal status of a public street, the subdivider and/or his successor shall properly maintain the streets and keep them in good condition.
ARTICLE V
INSPECTION FEES, SUBDIVISION PERMIT FEES AND CITY SALES TAX
SECTION 14. Inspection Fees:
a. The inspection fees for verification and processing subdivision plans by the City Engineer or his duly authorized representatives, are hereby fixed as follows:
1. for the first two (2) hectares or fraction thereof P15.00
2. for every hectare or fraction thereof in excess of
the first two (2) hectares 5.00
b. The inspection fees fixed above shall be paid by the applicant to the City Treasurer and the corresponding official receipt shall be presented to the City Engineer or his duly authorized representative, before inspection or verification is conducted.
SECTION 15. Subdivision Permit Fees: -
a. In addition to the fees fixed and provided under Section 14, there shall be collected from the subdivider an amount as subdivision permit fees as fixed hereunder:
1. For the first two (2) hectares or fraction thereof P50.00
2. For every hectare of fraction thereof in excess of the first two (2) hectares 25.00
b. The subdivision permit fees fixed herein shall be paid by the applicant to the City Treasurer and the corresponding official receipt shall be presented to the City Engineer or his duly authorized representative before processing subdivisions.
SECTION 16. City Sales Tax: - In addition to the fees fixed and provided under Sections 14 and 15, there shall be imposed and collected from the subdivider a city sales tax of one (1%) percent on the gross sales of the lots, to be paid to the City Treasurer immediately upon the perfection of the contract of sale of every lot whether on installment or cash basis.
SECTION 17. All fees and taxes to be derived from this regulation shall all accrue to the General Fund.
ARTICLE VI
APPROVAL OF SUBDIVISION PLAN BY CITY BOARD
SECTION 18. General Requirements: - No plat or plan of subdivision within this city shall be presented for verification by the Bureau of Lands or the General Land Registration Office, until the same shall have been approved by the City Board and the City Mayor and upon the recommendation of the City Engineer.
SECTION 19. Approval of Preliminary Subdivision Plans prior to submittal of plans on standard forms to the Bureau of Lands for verification:
a. Subdivision Data - all plans presented for approval shall contain as usual all the pertinent data provided for in Article III, Section 4 of this regulations.
b. Sequence - the preliminary plans shall be presented to the City Engineer for payment of all necessary subdivision fees. After payment of the said fees, the City Engineer shall refer the preliminary plans to the Director of Planning, National Planning Commission. The Director of Planning shall return the plans together with his comments and recommendation to the City Engineer, who will make further studies. The comments and recommendation of both the Director of Planning and the City Engineer shall then be forwarded to the City Council through the City Mayor for their approval.
c. Recommendation for approval by the Director of Planning, National Planning Commission. The preliminary plans shall have to be recommended for approval by the Director of Planning with respect to the street pattern; and as to compliance with all duly adopted subdivision regulations for Pagadian City. It is mandatory, however, that the preliminary layout, as approved by the Director of Planning, shall be stamped "Recommended for Approval as to street pattern and conformity with the development plan of Pagadian City."
Criteria - The Director of Planning shall be responsible in the acceptance of the subdivision pattern in accordance with accepted planning principles and in harmonious relation with the over all development plan for Pagadian City, as well as subdivision plans already approved in the surrounding areas.
d. Recommendation for approval by the City Engineer. The City Engineer shall act on the suitability of the area for the purpose intended; proper provisions for drainage and sewerage; installation of all facilities, such as, water and light in conformity with all existing regulations of Pagadian City. It is mandatory also that the preliminary plan, as approved by the City Engineer, shall be stamped: "Recommended for approval, in accordance with existing subdivision regulations, feasibility of constructions and other engineering requirements."
Criteria - The City Engineer shall be responsible for having the subdivision meet all the requirements imposed by existing ordinances or regulations and the requirements of the Bureau of Public Highways with respect to National roads.
e. Approval by the City Mayor and the City Council - The City Mayor and the City Council will act on the applications as per recommendations of both the Director of Planning and the City Engineer. If approved, the plan shall be stamped "Approved."
SECTION 20. Final Approval of the Subdivision Plan:
a. Basis - the preliminary plans as approved by the City Mayor and the City Council shall be the basis for one (1) preparation of plans on standard B.L. Forms and for two (2) verification of surveys by the Bureau of Lands.
b. Requirements - the applicant shall submit not less than 6 print copies of all and other papers related to the application so that necessary file copies could be retained by office concerned. The B.L. Form 31-8 should be accompanied by five (5) print copies.
ARTICLE VII
PLAN COPY FOR CITY ENGINEER AND ASSESSOR
SECTION 21. Subdivision owners in Pagadian City are hereby required to submit a copy each to the City Engineer and the City Assessor, this City, of the subdivision plan together with its prospectus, immediately after final approval of the same and before selling lot or lots therein, provided, that, subdivision owners engaged in the sale of lots within their respective subdivisions and whose subdivision plans have been duly approved prior to the approval of this Ordinance, are hereby given sixty (60) days from the date of effectivity of this Ordinance within which to comply with the requirement hereof.
ARTICLE VIII
REPEALING CLAUSE
SECTION 22. All ordinances or resolutions (particularly Ordinance No. 18, series of 1970) inconsistent with this Ordinance are hereby repealed.
SECTION 23. Penalties - Any violation of the provisions of this Ordinance shall, upon conviction, be penalized by a fine of not more than One Thousand (P1,000.00) Pesos or by an imprisonment of not more than six (6) months or by both such fine and imprisonment at the discretion of the Court. If the violation is committed by a firm, corporation, partnership, or any juridical person, the Manager, Managing Partner, Director or the Person-In-Charge of the management thereof shall be criminally responsible therefore.
ARTICLE IX
EFFECTIVITY
SECTION 24. Separability - Should any Article, Section, Sub-section or provision of these subdivision regulations be declared by a Court of competent jurisdiction to be invalid or unconstitutional, such decision will not affect the validity or constitutionality of these subdivision regulations as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
SECTION 25. These subdivision regulations shall take effect upon its approval.
ENACTED AND APPROVED by the City Board of Pagadian during its 11th Regular Session on March 1, 1971.
APPROVED by operation of Republic Act No. 5478.
ATTESTED:
(SGD.) ROMEO B. TAN
Secretary to the Board