CITY ORDINANCE N0. 2016-363 Sponsor: Hon. Troy B. Asugas "AN ORDINANCE ESTABLISHING, AS A REQUIREMENT IN THE PROCESSING AND APPROVAL OF ALL APPLICATIONS FOR BUILDING PERMITS INVOLVING CONSTRUCTION PROJECTS WITHIN RESIDENTIAL SUBDIVISIONS, THE PROCUREMENT OF A CLEARANCE OR ATTESTATION FROM THE CONCERNED BARANGAY THAT SUCH SUBDIVISION WHERE THE PROPOSED BUILDING CONSTRUCTION WILL BE UNDERTAKEN IS PROVIDED WITH A DEVELOPED AND SATISFACTORILY MAINTAINED MATERIALS RECOVERY FACILITY (MRF)" WHEREAS, the rapid pace of economic development in the City of Pagadian has given rise to the development of subdivision projects to respond and commensurately accommodate the demand for residential housing; WHEREAS, alongside this reality comes the attendant issue on proper waste disposal in line and consistent the provisions of Republic Act (RA) 9003 or the Ecological Solid Waste Management Act of 2000; WHEREAS, it is now imperative and necessary that appropriate measures be adopted at the different levels of habitation in the community to effect the practice of waste characterization and segregation to adhere and fulfill the mandate of the Ecological Solid Waste Management Act of 2000; WHEREAS, reality is that residential subdivision projects in the city are not required to be equipped with waste disposal areas thus making these sites dependent on the garbage collection services of the government hence the necessity of requiring, as part of the subdivision's amenities, the establishment of a Materials Recovery Facility-it being an essential component in complying with the provisions of Republic Act No. 9003; NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (12th City Council) in session assembled that: SECTION 1. - TITLE. This Ordinance shall be known as "An Ordinance Establishing, as a Requirement in the Processing and Approval of all Applications for Building Permits involving Construction Projects within Residential Subdivisions, the Procurement of a Clearance or Attestation from the Concerned Barangay that such Subdivision where the Proposed Building Construction will be Undertaken shall have Developed and Satisfactorily Maintained a Materials Recovery Facility (MRF)". SECTION 2. - PURPOSE AND INTENT. This ordinance is enacted purposely to protect the health, lives and welfare of Pagadianons through the adoption of pre-emptive measures particularly on the matter of solid waste management and disposal within the specific confines of developed residential communities in the City of Pagadian. SECTION 3. - SCOPE OF COVERAGE. All subdivision projects that will be developed, with or without housing components, after the approval of this Ordinance shall be required to comply with the provisions of this measure. SECTION 4. - REGULATIONS. Responsibility of the City Planning and Development Coordinator as Subdivision Processor: The Office of the City Planning and Development Coordinator shall see to it that compliance to the succeeding provisions on the matter of delineating a substantial area for the establishment of Materials Recovery Facility is satisfied and which area shall be appropriately named, marked and permanently designated for the purpose in the subdivision development plan. Responsibilities of the subdivision developer: Any and all applications for the development of subdivision projects, as a pre-requisite for its approval, shall be specifically provided by the developer with an area to be exclusively designated as site for a Materials Recovery Facility (MRF). Upon approval of the Development Permit, it shall be the obligation of the subdivision developer to install the required structures and necessary facilities for an operational Materials Recovery Facility (MRF) conforming to the requirements set forth under Republic Act No. 9003 including the initial control, management and operation thereof. Responsibilities of the Homeowners Association: Following the formal organization of the homeowners association, it shall assume and take over the control, management and operation of the Materials Recovery Facility (MRF). Responsibility of the Office of the City Building Official: The City Building Official, in accepting and/or processing applications for Building Permits, must see to it and require that such application shall be supported by a Clearance or Attestation from the Punong Barangay or his duly authorized representative that the subdivision where the proposed building project will be constructed has been inspected and verified to have a developed, operational and satisfactorily maintained Materials Recovery Facility. Responsibility of the City Environment and Natural Resources Division, Office of the City Mayor: The City Environment and Natural Resources Division, Office of the City Mayor, shall be authorized to conduct regular inspections and operational assessment on all Materials Recovery Facilities to maintain if not improve the services of these amenities. SECTION 5. - EFFECTIVITY. This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 11th Regular Session held on 27 September 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City. JESUS B. BAJAMUNDE, JR. Verified: Asst. Floor Leader, Presiding CESAR C. DACAL, JR. SP Member/Floor Leader Attested: JEREMIAS H. SALDUA Secretary to the Sangguniang Panlungsod Approved: ROMEO P. PULMONES City Mayor Date: _____________________