ORDINANCE NO: 2012-328 (Sponsor: Committee on Public Utilities, Transportation, Communications & Franchising) "AN ORDINANCE REGULATING THE APPLICATION PROCESS FOR LOCATIONAL CLEARANCE TO CONSTRUCT, INSTALL AND MAINTAIN COMMUNICATION/CELLULAR SITE TOWERS FOR MOBILE PHONE SERVICES WITHIN THE CITY OF PAGADIAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF." Be it Ordained by the Sangguniang Panlungsod of the City of Pagadian in session assembled that: Section 1. TITLE. - This Ordinance shall be "An Ordinance Regulating the Application Process For Locational Clearance To Construct, Install and Maintain Communication/Cellular Site Towers for Mobile Phone Services in the City of Pagadian And Providing Penalties for Violation Thereof", otherwise known as "Communication Tower Application (COTA) Ordinance of 2012". Section 2. SCOPE OF APPLICATION. - This Ordinance shall cover all applications by telecommunications companies, its general contractors and sub-contractors for locational clearance to construct communication towers for base stations, cellular and other similar wireless communication facilities within the City of Pagadian. Section 3. DEFINITION OF TERMS. - As used in this Ordinance, the following terms/acronyms shall mean, to wit: "Contractor" means the company contracting with the telecommunications company for the construction and installation of cell site tower; "Company" means the telecommunications company with network such as but not limited to SMART, GLOBE and SUN CELLULAR having a project for the construction, installation and maintenance of cell site tower; "HLURB" an acronym for Housing Land Use and Regulatory Board; "Juridical Person" means a person acting by virtue of his/her capacity as president, chairman, head or duly authorized representative of the contractor or company; "Competent Authority" either the City Mayor, Punong Barangay concerned or City Engineer; "Start of Work" means when a juridical person or responsible person/worker/s of a company or contractor starts the construction works for cell site tower both in-house and on site such as but not limited to site clearing and leveling, earthworks, tower grounding, cell tower construction and erection, design and manufacture of telecommunications tower and monopoles, supply and installation of fully equipped shelter delivering electricity, air conditioning and security protection, supply and commissioning of generators; and site fencing and protection; and "Sangguniang Panlungsod" the city council or legislative body of Pagadian City. Section 4. REGULATORY PROVISIONS. - There are hereby procedures established and documents required to be followed and complied with respectively by any applicant for locational clearance to construct, install and maintain a communication tower within the City of Pagadian, viz: Applicants shall secure from the Office of the Deputized City Zoning Administrator the list of documentary requirements pursuant to HLURB Resolution No. R-626 of 1998, otherwise known as the Locational Guidelines for Base Station of Cellular Mobile Telephone Service for proper instruction, compliance and submission of the same for examination. These support documents shall basically include the following, to wit: Vicinity Map Site Development Plan Evidence of Land Ownership 7.3 Barangay Council Resolution Bill of Materials and Estimated Cost Authority of Person/s Allowed to Follow-up the Clearance If found in order, the Deputized City Zoning Administrator shall favorably indorse such application with the documentary requirements to the Sangguniang Panlungsod for consideration; The Sangguniang Panlungsod shall review the requirements that are submitted and indorsed; determine its authenticity and, if found in compliance with the existing laws, pass a resolution approving or interposing no objection to the subject application; and thereafter transmit such resolution to the Office of the Deputized City Zoning Administrator within ten (10) days from its approval, for the issuance of locational clearance; It is unlawful for any juridical person or concerned individual(s)/worker(s) to start working with the construction of the communication/cell site tower without the locational clearance; Representatives of the telecommunications company and the contractor may be required to attend the session of the Sangguniang Panlungsod and/or its Committee Meeting/Hearing. Such representations, however, shall be explicitly limited to proxies who have the competence to provide information or answers to queries that may be raised in aid of legislation. They shall bring along the following documents, viz: Authority to represent the company and its contractor; and Original copy of each document (if not submitted to the deputized City Zoning Administrator where it is being submitted to the Sangguniang Panlungsod). Prior to the issuance of the list of documentary requirements, the applicant/ contractor shall be required to establish an office in the City with a signboard and at least one (1) staff to receive correspondence and/or entertain complaints. Such office must be maintained until the completion of the project. Section 5. PENAL PROVISIONS. - (a) Any juridical person or concerned individual who shall start or cause the commencement of work for the construction of communication/cell site tower without having been issued locational clearance shall be automatically stopped by any competent authority; b) Any juridical person or concerned individual who shall continue to work for and in connection with the construction of communication/cell site tower without the locational clearance, even after being sent with "NOTICE" to stop by any competent authority, shall be fined with Five Thousand (P5,000.00) Pesos or an imprisonment of at least Six (6) months but not exceeding one (1) year or both such fine and imprisonment, at the discretion of the court; and c) Any government official or employee who shall violate this Ordinance may be meted administrative sanction. Section 6. ENFORCEMENT OFFICES. - The City Mayor, Punong Barangay concerned or City Engineer shall at all times strictly enforce this Ordinance. Section 7. SEPARABILITY CLAUSE. - If any provision or part of this Ordinance be declared invalid or unconstitutional, the same shall not affect the validity of the other provisions or parts of this Ordinance. Section 8. REPEALING CLAUSE. - Any resolution or ordinance or parts thereof inconsistent hereon is/are hereby repealed or superseded accordingly. Section 9. EFFECTIVITY. - This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the 10th City Council of Pagadian City during its 64th Regular Session held on 24 January 2012 at the Sangguniang Panlungsod Session Hall, Pagadian City.