ORDINANCE NO: 2010-309
"AN ORDINANCE ESTABLISHING LOCAL GUIDELINES GOVERNING THE PROCESSING AND APPROVAL OF SUBDIVISION PLANS IN THE CITY OF PAGADIAN"
Be it ordained by the Sangguniang Panlungsod of Pagadian City, in session assembled that:
ARTICLE I - TITLE
SECTION 1. Title. - This Ordinance shall be known as "AN ORDINANCE ESTABLISHING LOCAL GUIDELINES IN THE PROCESSING AND APPROVAL OF SUBDIVISION PLANS IN THE CITY OF PAGADIAN."
ARTICLE II - DEFINITIONS
SECTION 2. Definition of Terms. - When used in this ordinance, the following terms shall, unless the context otherwise indicates, have the following respective meanings:
2.1 Commercial Subdivision Project shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily into individual lots for commercial use with or without improvements thereon and offered to the public for sale in cash or in installment terms;
2.2 Commercial Condominium Project shall mean the entire parcel of real property divided or to be divided primarily for commercial purposes into commercial condominium units, including all structures thereon.
2.3 Commercial Use shall mean a land use/land activity that is principally engaged in trading, business and services.
2.4 Complex Subdivision Plan shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan.
2.5 Existing Industrial Project is any industrial subdivision project which is either partial or completely developed or partially or completely sold at the time of approval of the HLURB Rules.
2.6 Industrial Estate is a form of an industrial subdivision characterized by three basic features:
a) It is developed according to a comprehensive plan;
b) Continuing management of the entire area is left to a single controlling body; and
c) Screening of industries is undertaken prior to development.
2.7 Industrial Lot Buyer/Lessee is any individual, group or entity who has expressed the intention of purchasing/leasing a plot or plots through the payment of at least an initial fee (down payment) and a first regular payment/amortization to the owners in terms and conditions agreed upon by both parties.
A plot buyer/lessee shall be taken to mean as one regardless of the number of plots he has purchased/leased.
2.8 Industrial Plot or Factory Plot or Plot is an allocated lot within the industrial subdivision intended for industrial or factory use and where such industry or factory is located.
2.9 Industrial Subdivision is a tract of land partitioned into plots for sale or establishments engaged primarily in industrial production or services and allocation of areas for industrial buildings, facilities and amenities, or it may also include the provision of the buildings, facilities and amenities, within the "subdivision".
2.10 Owner shall refer to the registered owner of the land subject of a residential subdivision, a commercial or condominium project, an industrial subdivision project and/or a farm lot subdivision project.
2.11 Person shall mean a natural or juridical person. A juridical person refers to a business firm whether a corporation, partnership, cooperative or association or a single proprietorship.
2.12 Simple Subdivision Project shall mean a subdivision project less than one hectare in area covered by a division plan where no street or passageway is delineated on the plan, provided that in the event piece-meal or partial submission of project plans are made the same shall be considered in its entirety and when applicable the provisions of Presidential Decree No. 1216 on open spaces shall be observed.
2.13 Subdivision Lot shall mean any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project.
2.14 Subdivision Project shall mean a tract or parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or on installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project.
2.15 Subdivision Processor is a city official or employee who is deputized by the Sangguniang Panlungsod to perform in its behalf the additional function of processing subdivision plans pursuant to Section 458, Republic Act No. 7160, otherwise known as the Local Government Code of 1991.
2.16 Unit is any building or a portion thereof erected within the subdivision.
ARTICLE III - APPROVAL OF SUBDIVISION PLAN
SECTION 3. Application for Approval of Subdivision Plan. - Every registered owner or developer of a parcel of land who wishes to convert the same into a subdivision project, for residential, commercial, industrial, institutional and/or farm lot agricultural subdivision, shall apply with the Sangguniang Panlungsod for the approval of the subdivision plan.
SECTION 4. Plan Processing. - The subdivision plan applicant shall, upon payment of the prescribed filing/processing and other fees to the Office of the City Treasurer, file for processing with the Subdivision Processor in five (5) folders (quintuplicate) the following:
4.1 Residential
4.1a. Requirements for Residential Subdivisions:
i. Simple Residential Subdivision Projects:
1) Site Development Plan and topographic survey duly signed by a licensed civil engineer and geodetic engineer with scale ranging from One to One Hundred (1:100) to One to One Thousand (1:1,000) or such other scale not exceeding One to Two Thousand (1:2,000) duly signed by a Licensed Geodetic Engineer showing the proposed lots and other features in relation to existing conditions;
A preliminary approval is required for all complex residential subdivision projects regardless of location. However, in local government units with an approved land use plan or zoning ordinance application for Preliminary Subdivision Plan Development Permit (PSPDP) may be optional subject to the wise discretion of the Subdivision Processor. The owner/developer of the subdivision project shall submit to the Sangguniang Panlungsod through the Subdivision Processor in quintuplicate a duly notarized Application for Preliminary Subdivision Development Plan Permit (PSPDP).
In five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
a) Site Development Plan (Schematic Plan) at a scale ranging from One to Two Hundred (1:200) to One to Two Thousand (1:2,000) showing the proposed layout of streets, lots and other features in relation to existing conditions in the area;
b) Vicinity Map with a minimum of two-kilometer radius from the periphery of the project, showing the relationship of the proposed project to the adjoining and existing land uses, access, as well as existing community facilities, utilities, infrastructures drawn to any convenient scale.
c) Topographic Plan to include the following: Boundary Lines: bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM).
d) Survey Plans of lot(s) as described in OCT(s) or TCT(s).
e) Affidavit of Undertaking by the adjacent lot owners interposing no objection to the subdivision project, specifically on lot boundaries.
f) Certified True Copy of Title(s) and latest Tax Declaration.
g) Current Tax Receipt and/or Tax Clearance; and
h) Right to use or deed of sale of Right-of-way for access road and other utilities when applicable, subject to just compensation for private land.
i) Sworn Statement as to the nature, number and income level of the beneficiaries.
j) Sworn Statement as the maximum selling price per lot/unit - socialized and main (economic).
Approval of the preliminary subdivision development plan will be valid only for a period of one hundred eighty (180) days from date of approval. A revalidation of the approval can be availed only after said approval.
4.1b. Application for Subdivision Plan Development Permit (SPDP):
After preliminary approval of the development plan, the owner or developer shall proceed with the accomplishment and submission to the Sangguniang Panlungsod through the Subdivision Processor in quintuplicate a notarized Application Form for the Final Approval of the Development Plan for the Residential Subdivision.
In five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. All requirements for application for preliminary subdivision development plan as specified in Section 4.1a(i)(ii) of this Ordinance.
ii. Subdivision Development Plan, duly signed by a licensed architect who is an environmental planner, or a civil engineer who is an environmental planner, or a geodetic engineer who is an environmental planner, or an architect or a civil engineer or geodetic engineer and environment planner as co-signatory, consisting of the site development plan at any of the following scales: One to One Thousand (1:1,000); or any scale not exceeding One to Two Thousand (1:2,000) which shall detail the greening of the subdivision and the planting of appropriate trees/plants along the subdivision roads; and showing all proposals including the following:
1) Roads, easements or right-of-way and roadway width, alignment, gradient, and similar data for alleys, if any;
2) Lot numbers, lines and areas and block numbers;
3) Site data: number of residential or saleable lots, typical lot size, parks and playgrounds and open spaces;
4) Civil and Sanitary Works Design.
iii. Engineering Plans/construction drawings based on applicable engineering code and design criteria to include the following:
1) Road (geometric and structural) design/plan duly signed and sealed by licensed civil engineer;
2) Profile derived from existing topographic map, showing the vertical control, designed grade, curve elements and all information needed for construction;
3) Typical roadway sections showing relative dimensions of pavement, sub-base preparation, curbs and gutters, sidewalk, shoulders benching and others;
4) Details of miscellaneous structures such as curb and gutter (barrier, mountable and drop), slope protection wall, rip-rapping and retaining wall.
iv. Storm drainage and sanitary sewer system duly signed and sealed by a licensed sanitary engineer or civil engineer.
v. Profile showing the hydraulic gradients and properties of sanitary and storm drainage lines including structures in relation with the road grade line.
vi. Details of sanitary and storm drainage lines and miscellaneous structures such as various types of manholes, catch basins, inlets (curb, gutter, and drop), culverts and channel linings.
The water drainage plan shall be to the point of and lead towards the natural waterway.
vii. Site grading plan with finished contour lines superimposed on the existing ground the limits of earthwork embankment slopes, cut slopes, surface drainage, drainage outfalls and others, duly signed and sealed by a licensed civil engineer.
viii. Water system and details duly signed and sealed by a licensed sanitary engineer or civil engineer. Should a pump motor have a horsepower (HP) rating of 50 HP or more, its pump rating and specifications shall be signed and sealed by a professional mechanical engineer.
A preliminary Approval shall be required for all commercial subdivision projects regardless of location. However in local government units with an approved land use plan or zoning ordinance application for Preliminary Subdivision Plan Development Permit (PSPDP) may be optional subject to the sound discretion of the Subdivision Processor.
The owner/developer of the commercial subdivision project shall submit to the Sangguniang Panlungsod through the Subdivision Processor a duly notarized Application for Preliminary Subdivision Development Plan Permit (PSPDP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. Site Development Plan (Schematic Plan) at a scale ranging from One to Two Hundred (1:200) to One to Two Thousand (1:2,000) showing the proposed layout of streets, lots and other features in relation to existing conditions in the area;
ii. Vicinity Map with a minimum of two-kilometer radius from the periphery of the project, showing the relationship of the proposed project to the adjoining and existing land uses, access, as well as existing community facilities, utilities, infrastructures drawn to any convenient scale;
iii. Topographic Plan to include the following: Boundary Lines: bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM);
iv. Survey Plans of lot(s) as described in OCT(s) or TCT(s);
v. Affidavit of Undertaking by the adjacent lot owners interposing no objection to the subdivision project, specifically on lot boundaries;
vi. Certified True Copy of Title(s) and latest Tax Declaration;
vii. Current Tax Receipt and/or Tax Clearance;
viii. Right to Use or Deed of Sale of Right-of-way for access road and other utilities when applicable, subject to just compensation for private land;
ix. Sworn Statement as to the nature, number and income level of the stall holders, occupants, lessees, and the like; and
x. Sworn Statement as the maximum selling price per unit, stall or commercial space.
Approval of the preliminary subdivision development plan will be valid only for a period of one hundred eighty (180) days from date of approval. A revalidation of the approval can be availed only after said approval.
4.2b. Application for Commercial Subdivision Plan Development Permit (CSPDP):
After preliminary approval of the development plan, the owner or developer shall proceed with the accomplishment and submission to the Sangguniang Panlungsod through the Subdivision Processor a Notarized Application for Development Permit for the Commercial Subdivision.
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. All requirements for application for Preliminary Subdivision Development Plan as specified in Section 4.2a (For Commercial Subdivision Project), of this Ordinance;
ii. Subdivision Development Plan, duly signed by a licensed architect who is an environmental planner, or a civil engineer who is an environmental planner, or a geodetic engineer who is an environmental planner, or an architect or a civil engineer or geodetic engineer and environment planner as co-signatory, consisting of the site development plan at any of the following scales; or any scale not exceeding one to two thousand (1:200); one to two thousand (1:1,000); or any scale not exceeding one to thousand (1:2,000) which shall detail the greening of the subdivision and the planting of appropriate trees/plants along the subdivision roads; and showing all proposals including the following:
1) Roads, easements or right-of-way and roadway width, alignment, gradient, and similar data for alleys, if any;
2) Lot numbers, lines and areas and block numbers;
3) Site data: number of residential or saleable lots, typical lot size, parks and playgrounds and open spaces; and
4) Civil and Sanitary Works Design Engineering Plans/construction drawings based on applicable engineering code and design criteria to include the following:
a) Road (geometric and structural) design/plan duly signed and sealed by licensed civil engineer;
b) Profile derived from existing topographic map, showing the vertical control, designed grade, curve elements and all information needed for construction;
c) Typical roadway sections showing relative dimensions of pavement, sub-base preparation, curbs and gutters, sidewalk, shoulders benching and others;
d) Details of miscellaneous structures such as curb and gutter (barrier, mountable and drop), slope protection wall, rip-rapping and retaining wall;
e) Storm drainage and sanitary sewer system duly signed and sealed by a licensed sanitary engineer or civil engineer;
f) Profile showing the hydraulic gradients and properties of sanitary and storm drainage lines including structures in relation with the road grade line;
g) Details of sanitary and storm drainage lines and miscellaneous structures such as various types of manholes, catch basins, inlets (curb, gutter, and drop), culverts and channel linings;
The water drainage plan shall be up to the point of and lead towards the natural waterway.
h) Site grading plan with finished contour lines superimposed on the existing ground the limits of earthwork embankment slopes, cut slopes, surface drainage, drainage outfalls and others, duly signed and sealed by a licensed civil engineer;
i) Water system and details duly signed and sealed by a licensed sanitary engineer or civil engineer. Should a pump motor have a horsepower (HP) rating of 50 HP or more, its pump rating and specifications shall be signed and sealed by a professional mechanical engineer;
If the establishment of the subdivision project is physically feasible and does not run counter to the approved zoning and land use plan of the city and the subdivision plan complies with the standards, rules and regulations of the Housing and Land Use Regulatory Board (HLURB) and the guidelines of this Ordinance, the same shall be approved and a development permit shall be issued.
A development permit shall only be valid for a period of 3 years from the date of issuance if no physical development is introduced.
The owner or developer shall cause the necessary surveys of the project and prepare the survey returns with technical description and computations duly signed and sealed by a licensed geodetic engineer to be submitted together and in accordance with the approved subdivision plan, to the Land Management Sector (LMS) for verification and approval; pursuant to Section 50 of Presidential Decree No. 1529 (Property Registration Decree) and sections 4 & 5 of Presidential Decree No. 957 and subject to the provisions of Republic Act No. 8560 and its implementing rules and regulations.
The owner or developer shall submit the individual building plan/s to the City Building Official, although the Sangguniang Panlungsod includes in its issuance of Subdivision Plan Development Permit (SPDP) a wholesale Building Permit, and the same shall be acted upon subject to the provisions of Presidential Decree No. 1096, otherwise known as the National Building Code, and other pertinent laws and regulations.
4.3 Industrial Subdivision Project
4.3a. Application for Preliminary Subdivision Development Plan Permit (PSPDP):
A preliminary Approval shall be required for all industrial subdivision projects regardless of location. However, in local government units with an approved land use plan or zoning ordinance application for Preliminary Subdivision Plan Development Permit (PSPDP) may be optional subject to the wise discretion of the Subdivision Processor.
The owner/developer of the industrial subdivision project shall submit to the Sangguniang Panlungsod a duly notarized Application for Preliminary Subdivision Development Plan Permit (PSPDP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. Site Development Plan (Schematic Plan) at a scale ranging from One to Two Hundred (1:200) to One to Two Thousand (1:2,000) showing the proposed layout of streets, lots and other features in relation to existing conditions in the area;
ii. Vicinity Map with a minimum of two-kilometer radius from the periphery of the project, showing the relationship of the proposed project to the adjoining and existing land uses, access, as well as existing community facilities, utilities, infrastructures drawn to any convenient scale;
iii. Topographic Plan to include the following: Boundary Lines, bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM);
iv. Survey Plans of lot(s) as described in OCT(s) or TCT(s);
v. Affidavit of Undertaking by the adjacent lot owners interposing no objection to the subdivision project, specifically on lot boundaries;
vi. Certified True Copy of Title(s) and latest Tax Declaration;
vii. Current Tax Receipt and/or Tax Clearance;
viii. Right to use or deed of sale of right-of-way for access road and other utilities when applicable, subject to just compensation for private land;
ix. Sworn Statement as to the nature, number and income level of the stall holders, occupants, lessees, and the like; and
x. Sworn Statement as the maximum selling price per unit, stall or commercial space.
Approval of the preliminary subdivision development plan shall be valid only for a period of one year from date of approval. A revalidation of the approval can be availed only after said approval.
4.3b. Application for Industrial Subdivision Plan Development Permit (ISPDP):
After preliminary approval of the development plan, the owner or developer shall proceed with the accomplishment and submission to the Sangguniang Panlungsod a notarized Application Form for Industrial Subdivision Plan Development Permit (ISPDP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. All requirements for application for Preliminary Subdivision Development Plan as specified in Section 4.3a (for Industrial Subdivision) of this Ordinance;
ii. Subdivision Development Plan, duly signed by a licensed architect who is an environmental planner, or a civil engineer who is an environmental planner, or a geodetic engineer who is an environmental planner, or an architect or a civil engineer or geodetic engineer and environment planner as co-signatory, consisting of the site development plan at any of the following scales; or any scale not exceeding One to Two Thousand (1:200); One to Two Thousand (1:1,000); or any scale not exceeding One to Two Thousand (1:2,000) which shall detail the greening of the subdivision and the planting of appropriate trees/plants along the subdivision roads; and showing all proposals including the following:
1) Roads, easements or right-of-way and roadway width, alignment, gradient, and similar data for alleys, if any;
2) Lot numbers, lines and areas and block numbers;
3) Site data: number of saleable lots, typical lot size, parks and playgrounds and open spaces; and
4) Civil and Sanitary Works Design Engineering Plans/ Construction Drawings based on applicable engineering code and design criteria to include the following:
a) Road (geometric and structural) design/plan duly signed and sealed by licensed civil engineer;
b) Profile derived from existing topographic map, showing the vertical control, designed grade, curve elements and all information needed for construction;
c) Typical roadway sections showing relative dimensions of pavement, sub-base preparation, curbs and gutters, sidewalk, shoulders benching and others;
d) Details of miscellaneous structures such as curb and gutter (barrier, mountable and drop), slope protection wall, rip-rapping and retaining wall;
e) Storm drainage and sanitary sewer system duly signed and sealed by a licensed sanitary engineer or civil engineer;
f) Profile showing the hydraulic gradients and properties of sanitary and storm drainage lines including structures in relation with the road grade line;
g) Details of sanitary and storm drainage lines and miscellaneous structures such as various types of manholes, catch basins, inlets (curb, gutter, and drop), culverts and channel linings;
The water drainage plan shall be up to the point of and lead towards the natural waterway.
h) Site grading plan with finished contour lines superimposed on the existing ground the limits of earthwork embankment slopes, cut slopes, surface drainage, drainage outfalls and others, duly signed and sealed by a licensed civil engineer;
i) Water system and details duly signed and sealed by a licensed sanitary engineer or civil engineer. Should a pump motor have a horsepower (HP) rating of 50 HP or more, its pump rating and specifications shall be signed and sealed by a professional mechanical engineer;
If the application for industrial subdivision project is found feasible and economically viable and does not run counter to the development plan of the government and the plans comply with the City Zoning Ordinance, the standards, rules and regulations of the Housing and Land Use Regulatory Board (HLURB) and these guidelines, the subdivision plan shall be approved and a development permit shall be issued upon payment of the prescribed processing/filing fees and under such conditions as may be imposed by the City Government.
A final approval/development permit shall be valid of a period of two (2) years from date of issuance.
The owner or developer shall cause the necessary surveys of the project and prepare the survey returns with technical description and computations duly signed and sealed by a licensed geodetic engineer to be submitted together and in accordance with the approved subdivision plan, to the Land Management Sector (LMS) for verification and approval; pursuant to Section 50 of PD 1529 (Property Registration Decree) and sections 4 & 5 of PD 957 and subject to the provisions of RA 8560 and its implementing rules and regulations.
The owner or developer shall submit the individual building plan/s to the City Building Official, although the Sangguniang Panlungsod includes in its issuance of Subdivision Plan Development Permit (SPDP) a wholesale Building Permit, and the same shall be acted upon subject to the provisions of Presidential Decree No. 1096, otherwise known as the National Building Code, and other pertinent laws and regulations.
4.4 INDUSTRIAL ESTATE
4.4a. Application For Preliminary Subdivision Development Plan Permit (PSDPP):
A preliminary Approval shall be required for all industrial estate projects regardless of location. However, in local government units with an approved land use plan or zoning ordinance application for Preliminary Subdivision Plan Development Permit (PSPDP) may be optional subject to the wise discretion of the Subdivision Processor.
The owner/developer of the industrial subdivision project shall submit to the Sangguniang Panlungsod a duly notarized Application for Preliminary Subdivision Development Plan Permit (PSPDP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. Site Development Plan (Schematic Plan) at a scale ranging from One to One Thousand (1:1,000) to One to Five Thousand (1:5,000) showing proposed lay-out of streets, lots and other features in relation to existing condition;
ii. Vicinity Map with a minimum of two-kilometer radius from the periphery of the project, showing the relationship of the proposed project to the existing community facilities which serve or may directly or indirectly influence it, main traffic arteries; public transportation line; shopping centers; elementary, high school, and other educational institutions; and other community facilities; sites scale, north orientation and date;
iii. Topographic Plan to include the following: Boundary Lines: bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM);
iv. Survey Plans of lot(s) as described in OCT(s) or TCT(s);
v. Affidavit of Undertaking by the adjacent lot owners interposing no objection to the subdivision project, specifically on lot boundaries;
vi. Certified True Copy of Title(s) and latest Tax Declaration;
vii. Current Tax Receipt and/or Tax Clearance; and
viii. Right to use or deed of sale of Right-of-way for access road and other utilities when applicable, subject to just compensation for private land.
Approval of the preliminary subdivision development plan shall be valid only for a period of one year from date of approval. A revalidation of the approval can be availed only after said approval.
4.4b. Application for Industrial Estate Development Plan Permit (FIDPP):
After preliminary approval of the development plan, the owner or developer shall proceed with the accomplishment and submission to the Sangguniang Panlungsod a notarized Application Form for Industrial Estate Subdivision Plan Development Permit (IESDPP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
Final Development Plan duly signed by a licensed architect planner or engineer planner registered with the Commission consisting of the site development plan at any of the following scales: One to One Thousand (1:1,000); One to Two Thousand (1:2,000); or any scale not exceeding One to Five Thousand (1:5,000) showing all possible including the following:
1) Roads, easements or right-of-way and roadway width alignment, gradient and similar data for alleys, if any;
2) Lot numbers, lines and areas and block numbers;
3) Site data: number of saleable lots, typical lot size and open spaces (park/playground, circulation and facilities).
ii. Engineering Plans showing the alignment, elevations, typical cross sections and details of road system, water supply system, drainage and sewage disposal facilities, power distribution system and street lighting plan. The water drainage plan shall be up to the point of or lead towards the natural waterway;
iii. Topographic Plan to include existing conditions as follows:
1) Boundary Lines: bearing and distances;
2) Streets and easements, right-of-way which and elevation on and adjacent to the project site;
3) Utilities on and adjacent to the project site: Location, size and invert elevation of drainage and sewage system; location of gas line, fire hydrants, electric and telephone poles and street lights. If water mains and sewers are not on/adjacent to the project site, indicate the direction, invert elevation and distance to, and size of nearest one;
4) Ground elevation on the project site. For ground that slopes less than 2 percent, indicate spot elevation at all breaks in grade, along all drainage channels and at selected points not more than 30 meters apart in all directions; for ground that slopes more than 2 percent either indicate contours with an interval of not more than 0.5 meter if necessary due to irregular land or need for more detailed preparation of plans and construction drawings; and
5) Other conditions on the land: Water courses, marshes, rocks and crop wooded areas, located preservable trees 0.30 meter or in diameter, houses, barns, shacks, and other significant features.
iv. Proposed public improvements: Highways or major improvements planned by public authorities for future construction on or near the estate;
If the application for industrial estate/subdivision project is feasible and economically viable and does not run counter to the development plans of the government, and the plan complies with zoning ordinances of the city and these guidelines, the subdivision plan shall be approved and development permit shall be issued upon payment of the prescribed processing and other fees and under such condition as may be imposed by the City Government.
A final approval/development permit shall be valid for a period of one (1) year from date of issue.
The owner or developer shall execute the necessary surveys of the project and prepare the survey returns with technical descriptions and consumptions to be submitted together and in accordance with the approved site development plan, to the Bureau of Lands for verification and approval, pursuant to Section 50 and PD 1629 (Property Registration Decree)
4.5 Farm Lot Subdivision
4.5a. Application for Preliminary Subdivision Development Plan Permit (PSDPP):
A preliminary Approval shall be required for all farm lot subdivision projects regardless of location. However, in local government units with an approved and use plan or zoning ordinance application for Preliminary Subdivision Plan Development Permit (PSPDP) may be optional subject to the sound discretion of the Subdivision Processor.
The owner/developer of the farm lot subdivision project shall submit to the Sangguniang Panlungsod a duly notarized Application for Preliminary Subdivision Development Plan Permit (PSPDP).
In quintuplicate or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. Preliminary Subdivision Plan signed by a licensed architect-planner or engineer planner at any of the following appropriate scales: 1:2000, 1:4000 indicating the layout of streets, lots and blocks and other features of the plan in relation to the existing site conditions;
ii. Vicinity Map with a minimum of two-kilometer radius from the periphery of the project in the scale: 1:1,000 showing the relationship of the site to existing land uses, community facilities or development which may directly or indirectly influence it; main traffic arteries; public transportation line; shopping centers; elementary, high school, and other educational institutions; and other community facilities; sites scale, north orientation and date; other land marks and relevant features of the community where the project is located;
iii. Topographic Plan to include the following: Boundary Lines: bearings, distances tie point or reference point, geographic coordinates of the tie point or Bureau of Lands Locational Monument (BLLM);
iv. Survey Plans of lot(s) as described in OCT(s) or TCT(s);
v. Affidavit of Undertaking by the adjacent lot owners interposing no objection to the subdivision project, specifically on lot boundaries;
vi. Certified True Copy of Title(s) and latest Tax Declaration;
vii. Current Tax Receipt and/or Tax Clearance; and
viii. Right to use or deed of sale of Right-of-way for access road and other utilities when applicable, subject to just compensation for private land.
Approval of preliminary farm lot subdivision plan shall be valid for a period of one hundred eighty (180) days from date of approval. Within such period the proponent shall apply for approval of the final subdivision plan, and failure of proponent to apply within such period, shall renew his application for preliminary approval with the Sangguniang Panlungsod.
4.5b. Application for Farmlot Subdivision Plan Development Permit:
After the preliminary approval of the farm lot subdivision plan, the owner or developer shall proceed with the preparation and submission of the final documents to the Sangguniang Panlungsod through the Subdivision Processor.
In quintuplicate copies or in five (5) folders, the following documents duly signed by a Licensed Architect/Civil Engineer/Geodetic Engineer, who is preferably an environment planner, shall be submitted:
i. Final Subdivision Plan duly signed by a licensed architect-planner or engineer planner in the scale of 1:2000 or 1:4000 indicating the following:
1) Street layout, right-of-way, alignments, similar data for alleys, if any. The Plan shall provide adequate access to and from interior lots outside of the subdivision;
2) Other right-of-way or easements: alignments, width and purpose;
3) Location of utilities: Drainage System, possible sources of water supply and possible sources of power, power distribution system if local power utility, if available. The water drainage plan shall be up to the point of or lead towards the natural waterway;
4) Lot lines, lot numbers lot areas, blocks numbers; and
5) Site data: Number of farm lots, schedule of dimensions and areas according to use classifications, e.g., roads, playgrounds, common areas water sources, saleable lots, etc.
6) Topographic Plan Showing Existing Site Conditions, such as:
a) Project boundary lines: bearings and distances;
b) Easements: Locations, widths, elevations, alignments, purposes;
c) Streets adjacent to the subdivision: Access, name width, elevations, paving-surface material; any legally established center line elevations; walks, curbs gutters, culverts, etc;
d) Utilities adjacent to the farmlot subdivision: Utility lines, roads/highways, railroad tracks, towers, etc. if utilities are not adjacent to the subdivision, indicate the direction and distance to, and the invert elevation of nearest channel;
e) Ground elevations: Spot elevation at all breaks in grade, along drainage channels and at selected points (not more than 20.00 meters apart) including contour lines at intervals sufficient for planning and detailed engineering designs shall be indicated;
f) Other conditions on the land: Water courses, marches, rock outcrop, wooded areas, isolated preservable trees, houses, and other significant features.
7) Clearances From Other Agencies;
a) Clearance from the Department of Agrarian Reform Regional Office IX as per P.D. No. 815 and LOI No. 713;
b) Clearance from the Department of Agriculture Region IX;
c) Clearance from the National Irrigation Administration (NIA) Provincial Office/Regional Office IX;
d) Clearance from the Philippine Coconut Authority (PCA) Provincial Office/Regional Office IX;
If the application for farm lot subdivision project is feasible and economically viable and in conformity to the general land use patterns and development plans of the government, and with the approved land use plans and City Zoning Ordinances, as well as the standards, laws, rules and regulations promulgated by the Housing and Land Use Regulatory Board (HLURB) , the farm lot subdivision shall be approved and development permit shall be issued upon payment of the prescribed fee(s) and under such conditions as may be imposed by the City Government.
The owner or developer shall execute the necessary surveys of the project and submit the survey returns with technical descriptions and computations for verification and approval of the Bureau of Lands in accordance with Section 50 of P.D. No. 1529 known as Property Registration Decree.
A final approval shall be valid for a period of one (1) year from date of issue.
ARTICLE IV - MISCELLANEOUS PROVISIONS
SECTION 5. Fees. - The City of Pagadian shall collect fees in accordance with the schedule of fees provided under City Ordinance No. 2009-279, otherwise known as the "City Revenue Code of 2009."
SECTION 6. Fines and Penalties. - Any violation against any provision of these Guidelines may be subject to the fines and/or penalties pursuant to the appropriate provisions of City Ordinance No. 2009-279 (City Revenue Code).
SECTION 7. Applicability. - These guidelines shall apply to residential and condominium projects, commercial, industrial, industrial estate and farm lot subdivision projects as defined by Presidential Decree No, 957, Batas Pambansa Bilang 220 and other related laws.
SECTION 8. Separability Clause. - The provisions of these Guidelines are hereby declared separable, and in the event any of such provisions are declared null and void, the validity of all other provisions shall not be affected thereby.
SECTION 9. Effectivity. - This ordinance shall take effect immediately after its review and approval by the Sangguniang Panlalawigan and its publication in two (2) newspapers of local circulation.
ENACTED AND APPROVED by the 9th City Council of Pagadian City during its 131ST Regular Session held on June 15, 2010 at the Sangguniang Panlungsod Session Hall.