Republic of the Philippines Province of Iloilo Municipality of Tigbauan Office of the Sangguniang Bayan Tigbauan Municipal Hall, Tigbauan, Iloilo 5021 Philippines (033) 511-8530 [email protected] EXCERPT FROM THE MINUTES OF THE 27TH REGULAR SESSION OF THE HONORABLE SANGGUNIANG BAYAN, TIGBAUAN, ILOILO HELD AT THE S.B. SESSION HALL, TIGBAUAN MUNICIPAL BUILDING, TIGBAUAN, ILOILO ON JULY 15, 2015 AT 1:40 IN THE AFTERNOON PRESENT: HON. ROEL T. JARINA - Vice Mayor & Presiding Officer HON. JOSE DONEL T. TRASPORTO - S.B. Member HON. RENEE LIBRODO-VALENCIA - S.B. Member HON. VIRGILIO T. TERUEL - S.B. Member HON. MARLON TERUÑEZ - S.B. Member HON. MA. GERRYLIN SANTUYO-CAMPOSAGRADO - S.B. Member HON. SUZETTE MARIE HILADO-BANNO - S.B. Member HON. RICKY T. NULADA - S.B. Member HON. ARIEL I. BERNARDO - S.B. Member HON. RONNIE T. PAGUNTALAN - Liga President ABSENT: N O N E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Municipal Ordinance No. 2015-004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 95-057, DATED OCTOBER 3, 1995 OF THE MUNICIPALITY OF TIGBAUAN, PROVINCE OF ILOILO AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPONSORED BY: Hon. Ma. Gerrylin Santuyo-Camposagrado, Chairperson, Committee on Environmental Protection, Housing, Land Utilization, Zonification, Assessment and Expropriation SECONDED BY: Hon. Jose Donel T. Trasporto, Hon. Renee Librodo-Valencia, Hon. Virgilio T. Teruel, Hon. Suzette Marie Hilado-Banno, Hon. Marlon T. Teruñez, Hon. Ricky T. Nulada, Hon. Ariel Bernardo and Hon. Ronnie T. Paguntalan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Comprehensive Land Use Plan 2014-2024 | Municipality of Tigbauan 1 Be It Enacted by the Sangguniang Bayan of Tigbauan, Iloilo. WHEREAS, the implementation of Comprehensive Land Use Plan (CLUP) would require the enactment of regulatory measures to translate its planning goals and objectives into reality and one of the measures that is considered as an important tool for a meaningful execution of the CLUP is an updated and responsive Zoning Ordinance; WHEREAS, Section 447 (a)(2)(vii)(viii)(ix) of the Local Government Code (LGC) of 1991 states among others that Sangguniang Bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the municipality as provided for under Section 18 of this Code with particular attention to agro-industrial development and countryside growth and progress, and relative thereto, shall adopt a comprehensive land use plan for the municipality, provided, that the formulation, adoption, or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan; WHEREAS, the Sanggunian as mandated by the Local Government Code of 1991 may Reclassify land within the jurisdiction of the municipality, subject to the pertinent provisions of this Code and shall enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; established fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions the Code; WHEREAS, ARTICLE 41(a)(b) of the Implementing Rules and Regulations of the LGC of 1991 provides that subject to applicable laws, rules and regulations the municipality shall continue to prepare its comprehensive land use plan enacted through zoning ordinances. The requirements for food production, human settlements, ecological balance, and industrial expansion shall be considered in the preparation of such plans and the comprehensive land use plan be the primary and dominant basis for future use of local resources and for reclassification of agricultural lands; WHEREAS, the Local Government Unit (LGU) is further mandated to mainstream disaster risk reduction and climate change in development processes such as policy formulation, socio-economic development planning, budgeting, and governance, particularly in the areas of environment, agriculture, water, energy, health, education, poverty reduction, land use and urban planning, and public infrastructure and housing; WHEREAS, in the light of the above-cited provisions, Local Government Unit of Tigbauan has undertaken the necessary measure to ensure the realization of the long overdue dream to come up with a Comprehensive Land Use Plan and the Zoning Ordinance in order to jumpstart the efficient and wise use of available resources to advance the general welfare of the people of Tigbauan; WHEREAS, the Housing and Land Use Regulatory Board has work hand in hand with LGU Tigbauan in the preparation and formulation of the Comprehensive Land Use Planning that is most suited to the existing resources, the needs and the aspirations of the people consistent with the vision of making Tigbauan a first class municipality in the near future; NOW, THEREFORE, the Sangguniang Bayan of the Municipality of Tigbauan, Province of Iloilo in a regular session assembled hereby adopts the following Zoning Ordinance: Comprehensive Land Use Plan 2014-2024 | Municipality of Tigbauan 2 ARTICLE I TITLE OF THE ORDINANCE Section 1. Title of the Ordinance This Zoning Ordinance shall be known as the Revised Zoning Ordinance of the Municipality of Tigbauan and shall hereinafter be referred to as the Ordinance. ARTICLE II AUTHORITY AND PURPOSE Section 2. Authority This Ordinance is enacted pursuant to the provisions of the Local Government Code of 1991, R.A. 7160 Sections 447, 448 and 458 a.2 (7-9) dated 10 October 1991, “Authorizing the Municipality, through the Sangguniang Bayan, to adopt a Zoning Ordinance subject to the provisions of existing laws” and in accordance with related laws such as but not limited to Commonwealth Act 141, RA 8550 Fisheries Code, PD 705 Forestry Code, PD 1067 Water Code, PD 1096 National Building Code, and Executive Order No. 72. Section 3. Purposes The ZO is enacted for the following purposes: 1. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the Municipality of Tigbauan; 2. Guide, control and regulate the growth and development of public and private lands in the Municipality of Tigbauan in accordance with its Comprehensive Land Use Plan (CLUP); 3. Provide the proper regulatory environment to maximize opportunities for creativity, innovation and make ample room for development within the framework of good governance and community participation; and 4. Enhance the character and stability of residential, commercial, industrial, institutional, agricultural, open space and other functional areas within the Municipality of Tigbauan and promote the orderly and beneficial development of the same. Comprehensive Land Use Plan 2014-2024 | Municipality of Tigbauan 3 5. Ensure the protection and sustainability of the environment taking into consideration climate change adaptation in synergy with disaster risk reduction and management, principles of biodiversity and preservation of historical and cultural heritage, in all development processes. Section 4.General Zoning Principles These Zoning Regulations are based on the principles provided for in the approved Comprehensive Land Use Plan as per SB Resolution No. 2015-085 dated July 15, 2015, as follows: 1. The Ordinance reflects the Municipality’s vision to be “A Center of Agri-Fishery with Progressive, Competitive and God-Loving People, in a Historically-Rich, Socially-Protective and Ecologically Service-Oriented, Transparent and Accountable Public Servants Working Towards a First Class Municipality.” 2. The local government unit recognizes that any land use is a use by right but provides however that the exercise of such right shall be subject to the review standards of this Ordinance; 3. The Ordinance gives the free market the maximum opportunity to spur the municipality’s development within a framework of environmental integrity and social responsibility; 4. The Ordinance has been designed to encourage the evolution of high-quality developments rather than regulating against the worst type of projects; 5. The Ordinance has been crafted in a manner that is fully responsive to the ever-changing conditions that the Municipality of Tigbauan continually face; 6. The Ordinance functions as a tool for informed decision-making on the part of land use administrators by way of providing specific criteria to judge the acceptability of developments; 7. The Ordinance provides a direct venue for community empowerment