PALC and DP Ordinance

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Proposed Ordinance (revised as of February 12, 2008)

AN ORDINANCE PRESCRIBING GUIDELINES FOR APPROVAL OF PRELIMINARY AND LOCATIONAL CLEARANCE (PALC), DEVELOPMENT PERMIT (DP) AND ALTERATION OF PLANS (AP) FOR RESIDENTIAL SUBDIVISION PROJECTS AND FOR OTHER PURPOSES IN THE CITY OF NAGA


Authored by: Councilor Nathan Sergio

Be it enacted by the Sangguniang Panlungsod that:


Article I – Title, Scope, Principles and Policies

Section 1. Short Title. This ordinance shall be known and cited as “PALC and DP Ordinance of Naga City”;

Section 2. Scope. This Ordinance shall cover all requests for PALC, DP and AP for residential subdivision projects in Naga City. This ordinance also covers other projects like industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project.

Section 3. Principles and Policies. This Ordinance shall be governed by the basic principles of transparency, accountability, predictability, clarity and simplicity. Thus, it shall be the policy of the city:

3.1 To expand participation during the evaluation process by including the other competent offices;
3.2 To exact accountability where responsibility belongs;
3.3 To provide timeframe for processing of PALC, DP and AP; and
3.4 To have clear and client-friendly guidelines without sacrificing the policies just stated.

It shall be also the policy of the City Government of Naga to process separately all PALC, DP and AP applications.

Article II – Preliminary and Locational Clearance (PALC)

Section 4. PALC Documentary Requirements. The following documents shall be required from all housing developers requesting for PALC, namely:

A. Applicant’s Letter of Intent, for both main project and the socialized housing component, stating the projects’ description, size and location;
B. CDPO Site Zoning Certification;
C. Current Business Permit;
D. Proposed Site Development Plan/Schematic Subdivision Plan, showing the proposed layout; total project area and total development cost; number of saleable lots, saleable area, selling price, average lot size; land allocation/area for Open Space (roads, alleys, parks, playground and community facilities)
E. Vicinity Map, indicating the adjoining land uses, access, existing facilities and utilities at least 100 meters from the property boundaries of the project/s, drawn to scale;
F. Right to Use or Deed of Sale or Right-of-Way Access Road and other Utilities when applicable;
G. Certified True Copy of Land Title/s;
H. CTO Certification of updated Realty Tax Payment, with xerox copy of Tax Receipt/s;
I. Survey Plan of the Lot/s as described in the land title/s;
J. Statement of Proposed Mode of Compliance to Socialized Housing Development requirement under Section 18 RA 7279.

These documentary requirements shall be submitted in three (3) sets inside folders with marking “Documents for PALC Application”, plus the name and location of project, and the name of applicant or entity.

Section 5. Procedures. All PALC application by housing developers shall undergo the process enumerated hereunder:

A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.






B. CPDO verifies the documents’ completeness using triplicate copy of a Checklist of PALC Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the three folders containing the PALC application documents, and stamps each Letter of Intent as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation. The original copy of the Official Receipt must be retained with the applicant.
E. SP automatically includes PALC Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the PALC Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the PALC Application, inviting the following: the applicant with his/her technical staff; the CPDO for its technical evaluation report; and other resource persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the PALC Application after a thorough evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the PALC Application.
I. Should SP decide to grant PALC, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a PALC Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny PALC, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting PALC, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.


Article III – Development Permit (DP)

Section 6. DP Documentary Requirements. The following documents shall be required to all housing developers requesting for Development Permit (DP) and already issued PALC:

A. Applicant’s Letter of Application;
B. Developer’s Documents of Ownership and Financial Records; Articles of Incorporation and By-Laws; Audited Assets and Liabilities/Latest Financial Statement; Income Tax Return for the last three (3) consecutive years;
C. Certified Xerox copy of the Joint Venture Agreement (JVA), if the project is a joint undertaking between a landowner and a housing developer;
D. Barangay Clearance signed by the Punong Barangay, or his authorized representative, where the project will be located;
E. Topographic Map of the Site, showing the location of critical areas (e.g. creek area, flood prone area, etcetera), if any;
F. Site Development Plan;
G. Project’s Feasibility Study including Cash Flow Statement, Income Statement, Return on Investment (ROI) and its Ratio on Sales, and Payback Period;
H. The Engineering Plans for: the Water System Layout Plan (received and stamped by MNWD) detailing the water system plans and showing the main distribution line; the Power Supply System Plan (received and stamped by CASURECO II); the Drainage and Sewer System Plan which include the profiles showing the hydraulic gradients and properties of the main lines including structures in relation with the road grade line, and the details of drainage and miscellaneous structure such as various types of manholes, catch basis inlet (curb, gutter and drop) culverts and channel linings; the Road System Plan which include the profile showing the vertical designed grade and curve elements, the typical roadway sections (i.e. relative dimension and slopes pavement, gutters, sidewalks, benching and others), the details of roadway (i.e. required thickness of pavement, sub-grade treatment and sub-base course design analysis), and the details of roadway and miscellaneous structure such as curb and gutter; the Housing Plan (every house model or design for house-and-lot projects), and for Other Facilities to be constructed in the project area;
I. PERT-CPM;
J. Waste Management Plan, for both solid and liquid waste;
K. MNWD Certification/Clearance on the suitability of design of the subdivision’s proposed Water System;
L. CASURECO II Comment on the proposed Power Supply System;
M. DAR Conversion Certificate, if land is agricultural;
N. DAR Inspection Report as to tenancy, if land is agricultural, plus Affidavit of Non-Tenancy by the owner/developer for non-tenanted lands, or Affidavit of Waiver from tenant/s for tenanted lands;
O. DENR Environmental Compliance Certificate (ECC).

These documents shall be submitted in four (4) sets inside folders with marking “Documents for DP Application”, plus the name and location of project, and the name of applicant or entity.

Section 7. Procedure. All DP application by housing developers shall undergo the processes enumerated hereunder:

A. Applicant resents four (4) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies the documents’ completeness using triplicate copy of a checklist of DP Requirements; if complete, CPDO prepares four copies an Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified Xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the four folders containing the DP application documents, and stamps each Letter of Application as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining two folders for CPDO technical evaluation.
E. SP automatically includes DP Application in the agenda for its next regular session. Meanwhile, CPDO forwards to CEO the various detailed Engineering Plans and the PERT-CPM for its quick evaluation, and to ENRO, the Waste Management Plan and the ECC. CPDO evaluates all the other documents.
F. CPDO calls MNWD, CASURECO II, CEO and ENRO to a meeting to discuss the DP Application and come up with a Consolidated Evaluation Report (CER).
G. SP reads the DP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
H. CLU immediately calls for a Committee Hearing for the purpose of evaluating the DP Application, inviting the following: the applicant with his/her technical staff; the CPDO for its CER; the evaluators or representatives of CEO, ENRO, MNWD and CASURECO II; and other resource persons deemed necessary. Depending on the remaining available days prior to the 30-day deadline, another Hearing may be conducted by the CLU.
I. CLU, through an official report in the SP Regular Session, presents its disposition on the DP Application after a thorough evaluation and study which may include project site visit. SP, then decides whether to grant or deny the DP Application.
J. Should SP decide to grant DP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a DP Certificate. the applicant may request from SP Secretariat copy of the SP Resolution.
K. Should SP decide to deny DP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
L. If the City Mayor disapproves the SP Resolution granting DP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the city Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.

Article IV – Alteration of Plans (AP)

Section 8. AP Documentary Requirements. The following documents shall be required from all housing developers requesting for Alteration of Plans, namely:

A. Plan showing the proposed alteration duly signed and sealed by a Licensed Architect/Engineer;
B. Letter of Intent stating the proposed/reason for the proposed alteration/conversion;
C. Sworn statement that the affected lots/units for alteration have not been sold;
D. Written conformity of the duly organized homeowners association or in the absence thereof, majority of the lot/unit buyers; and
E. Certified true copy of title (s) of the affected lots/units if the said lots/units have been titled.

Section 9. Procedure. All applications for Alteration of Plans shall undergo the process enumerated:

A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies to documents’ completeness using triplicate copy a Checklist of AP Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to the each of the three folders containing the AP application documents, and stamps each Letter of Intent as officially received, immediately giving one folder to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation.
E. SP immediately includes AP Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the AP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the AP Application, inviting the following: the applicant with his/her technical staff, the CPDO for its technical evaluation report, and other persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the AP Application after a through evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the AP Application.
I. Should SP decide to grant AP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. One the City Mayor approves the Resolution, CPDO prepares and issues to the applicant an AP Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny AP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting AP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.


Article V – General Provisions for PALC, DP & AP

Section 10. Processing Period. Each application of PALC, DP and AP shall be processed within thirty (30) days only, whether it is subsequently granted or denied, reckoned from the date of acceptance by the CPDO of the applicant’s complete documentary requirements up to the date the SP decides on the matter.

Section 11. Processing & Inspection Fees. All applicants requesting approval for PALC, DP or AP shall pay the necessary fees as enunciated in Articles VIII hereof. Failure to submit proof of payment of such fee, which shall form part of the required documents, is a ground for CPDO’s non-acceptance of any application.

Section 12. Appeal or Request for Reconsideration. When an application is denied by SP, appeal or request for reconsideration shall be filed at the CPDO for re-evaluation purposes. It shall only be entertained by SP once the Notice of Deficiency/ies is satisfactorily addressed by the applicant and a report of compliance thereto is made by CPDO.

When an application is denied by the City Mayor and concurred to by the SP members, appeal or request for reconsideration shall be filed at the SP.

All appeals or requests for reconsideration shall be filed within fifteen (15) days from the date of applicant’s receipt of Notice of Deficiency/ies (issued by the CPDO) or Notice of Denial/Disapproval (issued by SP Secretariat).

Section 13. Certificates. The CPDO shall design and prepare Certificates for approved PALC, DP and AP Applications, to be issued to every applicant free of charged. The certificate shall be non-transferable and shall be displayed prominently by the applicant in all his/her offices. Each certificate shall be duly signed by the City Mayor, the Chairman of the SP Committee on Land Use and the CPDO Chief.

Section 14. Effectivity and Expiration of Certificates. The PALC Certificate shall be effective for one hundred eighty (180) days from the date the SP approves its granting. The DP Certificate shall be effective for three (3) years from the date the SP approves its granting. The AP Certificate shall be effective for one (1) year from the date the SP approves its granting.

All certificates shall automatically expire and will be of no force and effect, after the lapse of their effective dates.

Section 15. Extension of Certificates. A one-time extension of certificate may be granted if favourably endorsed by the City Mayor and the Chairman of the SP Committee on Land Use, and upon payment of the required fees as enunciated in Article VIII hereof. Notice of grant of extension shall be duly signed by the City Mayor, the Chairman of SP Committee on Land Use and the CPDO Chief.

Written request for extension, however, shall be filed by the applicant at the CPDO ten (10) days prior to the lapse of the effectivity of certificate. No request for extension shall be entertained after the lapse of effectivity of certificate.

Furthermore, extended PALC Certificate shall be effective for sixty (60) days only, extended DP Certificate shall be effective for one (1) year only, and extended AP Certificate shall be effective for four (4) months only. Extension shall reckon from the date of expiry of the original certificate.


Article VI – Powers and Duties of CPDO

Section 16. Power and Primary Duty. The CPDO is hereby empowered to refuse receipt or endorsement of any application whose documents are incomplete and/or not in order. The exercise of this power shall be its primary duty under this Ordinance, and no one shall compel its staff to do otherwise.

Section 17. Other Duties. The following shall constitute the other duties of CPDO, namely:

A. To accomplish the checklist of requirements/documents submitted;
B. To conduct inspection, ascertain conformity to zoning and land use plan, know actual land use within one kilometre radius, check accessibility, verify existing facilities/utilities within 100-meter radius, determine drainage outfall, know tenancy issue (if any) and locate critical areas, if any;
C. To determine if application is covered by socialized housing development requirement; and if so, to compute the required area or cost for such socialized housing project;
D. To stamp on the cover of the PALC, DP or Alteration of Plans Folders, and on the Site Development Plan/Schematic Subdivision Plan;
E. To evaluate the proposed Site Development Plan or Schematic Subdivision Plan based on the general design and planning consideration, the following: integrated road circulation system, alignment and conformity with the general mode of development, dimensions and specifications of roads, provision for possible improvement and expansion, location of parks and playground and other community facilities, and other design parameters on lot size/frontage (of corner lots, inside lots, interior lots, irregular lots, through lots, duplex/semi-detached, rowhouse/semi-detached), allowable block length and plotting consideration;
F. To determine land allocation and compute the following: total number of saleable lots, total saleable area, conformity to maximum saleable area under PD 126 and its implementing rules, density; required area for open space, green parks and playground based on density; proposed area for open space, green parks and playground; total open space, total road area (including alleys, dead-ends and pathwalks), and the other area for community facilities/utilities (e.g. easements, drainage, alley, deepwell areas, water tank area, etcetera);
G. To officially forward to the SP every application with complete documents, on the day of their receipt.
H. To compare and analyze the DP application documents in relation to the PALC issued, and the Alteration of Plans documents in relation to the DP issued;
I. To prepare Technical Evaluation Report (TER) for every PALC application, Consolidated Evaluation Report (CER) for every DP application, and another TER for every Alteration of Plans application.
J. To coordinate with other offices/entities in the preparation of TER and CER;
K. To issue Notice of Deficiency/ies and Cease and Desist Order, when necessary;
L. To design and prepare appropriate Certificates for PALC, DP and Alteration of Plans including Notice of Grant of Extension;
M. To perform such other duties as may be necessary to effectively evaluate every application pursuant to existing laws and regulations.


Article VII – Socialized Housing Development Requirement

Section 18. Mode of Compliance. All modes of compliance approved by the Housing and Land Use Regulatory Board (HLURB) shall be made available to the housing developers in the city.

Section 19. Order of Priority. Compliance to Section 18 of Republic Act No. 7279 shall be based on the order of priority hereunder specified:

First Priority – Whatever Mode Designed by the City and Acceptable to the Developer/Applicant, subject to HLURB approval;
Second Priority – All Other Modes Already Approved by HLURB; and
Third Priority – Combination of All These Modes.

Section 20. Exemption. Residential condominium projects shall be exempted from the requirement of Section 18, Republic Act No. 7279.


Article VIII – Schedule of Fees

Section 21. The following fees and charges on subdivision permits/clearances are hereby fixed as follows:


Projects under PD 957

A. Subdivision

1. Preliminary Approval for Locational Clearance (PALC)
P 250.00/ha or a fraction thereof
Inspection Fee
P 1,000.00/ha. regardless of density
2. Final Approval & Development Permit
P 2,000.00/ha. regardless of density
Additional Fee on Floor Area of houses and building sold with lot
P 2.00/sq. m.
Inspection Fee
P 1,000.00/ha. regardless of density


3. Alteration of Plan (affected areas only)
Same as Final Approval & Dev’t. Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (Affected/unfinished area only)
P 1,000.00/ha.
B. Approval of Condominium Project

1. Preliminary Approval for Locational Clearance (PALC)
1,000.00


2. Final Approval and Development Permit

Processing Fee:

a. Land Area
P 5.00/sq. m.
b. No. of Floors
P 200.00/floor
c. Building Areas
P 4.00/sq.m.
Inspection Fee
P12.00/sq.m.


3. Alteration of Plan
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected /unfinished areas only)
P 1,000.00/ha. regardless of density
Projects under BP 220

A. Subdivision

1. Preliminary Approval for Locational Clearance (PALC)

Processing Fee:

a. Socialized Housing
P 75.00/ha.
b. Economic Housing
P 150.00/ha.
Inspection Fee:

a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
2. Final Approval and Development Permit

Processing Fee:

a. Socialized Housing
P 500.00/ha.
b. Economic Housing
P 1,000.00/ha.
Inspection Fee:

a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop

Filing Fee:

a. Socialized Housing
P 350.00
b. Economic Housing
P 350.00
Inspection Fee:

a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
B. Condominium

1. Preliminary Approval for Locational Clearance (PALC)
P 500.00
2. Final Approval and Development Permit

a. Total Land Area
P 5.00/sq.m.
b. Number of Floor
P 100.00/floor
c. Building Area
P 2.00/sq.m. of Gross Floor Area
Inspection Fee
P 2.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee
Floor Area x P 2.00 x % of remaining development cost
INDUSTRIAL/COMMERCIAL SUBDIVISION

1. Preliminary Approval for Locational Clearance (PALC)
P 300.00/ha.
Inspection Fee
P 1,000.00/ha.
2. Final Approval and Development Permit
P 5,000.00/ha.
Inspection Fee
P 1,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.


FARMLOT SUBDIVISION

1. Preliminary Approval for Locational Clearance (PALC)
P 200.00/ha.
Inspection Fee
P 500.00/ha.
2. Final Approval and Development Permit
P 1,000.00/ha.
Inspection Fee
P 5,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.


MEMORIAL PARK/CEMETERY PROJECT/COLUMBARIUM

1. Preliminary Approval for Locational Clearance (PALC)

a. Memorial Projects
P 500.00/ha.
b. Cemeteries
P 200.00/ha.
c. Columbarium
P 2,500.00/ha.
Inspection Fee

a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
2. Final Approval and Development Permit

a. Memorial Projects
P 2.00/sq.m.
b. Cemeteries
P 1.00/sq.m.
c. Columbarium
P 4.00/sq.m. of Gross Floor Area
Inspection Fee

a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)

a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of remaining Gross Floor Area
UPLC Legal Research Fee
Computation of Legal Research Fee for the University of the Philippines Law Center (UPLR) remains at One Percent (1%) of every charged but shall in No Case Be Lower than P10.00.



Article IX – Grounds for Denial and Revocation of PALC and DP

Section 22. Grounds for Denial/Revocation of PALC. PALC application shall be denied or revoked based on the following grounds:

A. Non-compliance to the Notice of Deficiency/ies;
B. Non-payment of required fees;
C. Premature physical development of project site, unless compliant to Section 25 A hereof; and
D. Premature marketing of lots in the project site, unless compliant to Section 25 D hereof.

Section 23. Grounds for Revocation of DP. DP shall be revoked based on the following grounds:

A. Actual deviation from the Approved Plan without securing approval for Alteration of Plan;
B. Non-compliance to the conditions set forth in the ECC;
C. Unauthorized closure or diversion of creek or river;
D. Misrepresentation;
E. Concealment of Material Facts; and
F. Submission of Fraudulent Documents.


Article X – Prohibitions and Penalties

Section 24. Prohibited Acts. The following acts shall be considered unlawful:

A. Introducing physical development within the project site even without approved PALC, DP or AP;
B. Developing not in accordance with the Development Permit issued;
C. Unauthorized closure or diversion of existing creek or river; and
D. Selling/marketing units even without HLURB License to Sell.

Section 25. Penalties. The following shall be the penalties or sanctions against housing developers who committed any of the prohibited acts enumerated in the preceding section:

A. For violation of letter A Section 24 hereof, an administrative fine of Five Thousand Pesos (P5,000.00) for the first offense; for the second offense, an administrative fine of P5,000.00 and shortening by two (2) months the effectivity of PALC, by one (1) year the effectivity of DP, and by four (4 months the effectivity of AP; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of PALC, DP and AP Certificates;

Each time a violation is committed on letter A Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.

B. For violation of letter B Section 24 hereof, an administrative fine of P5,000.00 for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of DP for a period of six months; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of DP.

For each violation of letter B Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.
C. For violation of letter C Section 24 hereof, an administrative fine of P5,000.00 and the violator shall be ordered by the City ENRO to open or restore the natural creek or river, for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of Business Permit until the creek or river is restored once again; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation of Business Permit.

D. For violation of letter D Section 24 hereof, an administrative fine of P5,000 for the first offense; for the second offense, an administrative fine of P5,000 and temporary cancellation of Business Permit for three (3) months; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation and non-renewal of Business Permit.


Article XI – Miscellaneous Provisions

Section 26. Conditional Approval Not Allowed. No application for PALC, DP and AP with incomplete documents shall be approved by the City Government of Naga.

Section 27. Observance to HLURB Rules. All HLURB Rules and Regulations (e.g. documentary/plan requirements, minimum design standards, etc.) for industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project that are not expressly mentioned hereto shall subsist and form part of this Ordinance; however, the processing procedure and timeframe as herein illustrated in residential subdivision shall be strictly followed.

Section 28. Exclusive Area for Green Parks. Over and above the minimum design standards required by the Housing and Land Use Regulatory Board (HLURB), there shall be allocated in every subdivision and condominium project an area equivalent to no less than two (2) percent of the total area of the project site, which must be exclusively reserved, utilized and dedicated to Green Park where greeneries like flower-bearing plants and bird-drawing trees abound, and when possible, accentuated by public arts like sculpture, monuments, memorials or civic statuary.

This Green Park area shall have separate land title, which must bear annotation of restriction that said area shall not be transformed into other uses and that no one – not even the City Government, the Barangay Council, the project owner/developer nor the homeowners association – is authorized to convert the same into other uses.

Section 29. Energy-Efficient Housing Designs. Housing developers are hereby enjoined to adopt energy-efficient housing designs in their projects located in Naga City, while at the same time keeping their packages reasonably priced.

Section 30. Separability Clause. Should any portion of this Ordinance be declared unconstitutional or illegal by any court of competent jurisdiction, the portions not so declared shall remain in full force and effect.

Section 31. Repealing Clause. All ordinances or executive orders or provisions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly in so far as they are inconsistent with the provisions of this Ordinance.

Section 32. Effectivity Clause. This Ordinance shall take effect upon its approval and publication in at least one newspaper in the Bicol Region.


Enacted:

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.