April 10 (land Use Planning).pdf

LAND USE PLANNING: Integrating Ecosystem and Special Study Areas Ms. Elizabeth C. Bandojo, EnP Technical Planning Personnel HLURB April 9-10, 2016 CHE Multi Purpose Hall Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

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OBJECTIVES:

1

To provide a comprehensive background on legal bases of planning, general principles and concepts affecting land utilization and allocation

2

To discuss the implementing tools of land use plan

3

To present the highlights of the HLURB CLUP Guidebook 2014

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General Topic Outline: Legal Bases of Land Use Planning Land Classification/Reclassification

Land Allocation and Utilization Development Control and Incentive

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Legal Mandate • 1987 Constitution Article XIII, Sec. 1 – To this end, the State shall regulate the acquisition, ownership, use and disposition of property and its increments

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“ The use of property bears a social function and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands

„

- Article XII, Section 6

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Legal Mandate RA 7160 Sec. 20 (c) The LGU shall, in conformity with existing law, continue to prepare their respective CLUP enacted through the zoning ordinances which shall be the primary and dominant bases for the future use of land resources.

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Legal Mandate • Sec. 447 (2)(ix)-Municipality / Sec 458 (2) (ix)-City “Enact integrated zoning ordinances in consonance with the approved CLUP, subject to existing rules and regulations, ….” • RA 7160 sec 447 (2)(vii)/sec 458(2)(vii) – “Adopt a CLUP 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 Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

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Legal Mandate • RA 7160 Sec. 447 (a)(2)(vi)/ Sec. 458 (a)(2)(vi) – Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the municipality • Sec. 444 (b)(3)(vii)/ Sec. 455 (b) (3) (vii) – “Adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality

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Legal Mandate • Article Six-The Planning and Development Coordinator /Sec. 476 Qualifications, Powers and Duties – (b)(1)”Formulate integrated economic, social, physical and other development plans and policies for consideration of the local development council – (b)(5)”Prepare comprehensive plans and other development planning documents for the consideration of the local development council Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

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Legal Mandates Sections 1 (a, c) and 2 (a, e, f):

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EO 648 (Reorganizing the Human Settlements Regulatory Commission)

Section 5, Article II: To promulgate zoning and other land use control standards and guidelines which shall govern land use plans and zoning ordinances of local governments.”

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Basic Land Use Planning Concept • Land is viewed as a shared natural resource, much like air and water found therein, to be conserved and cared for with due regard for its effect on society as a whole and for the conditions in which it will passed on to the future generations

• Land is also viewed as property- a private commodity which can be owned, used, bought or sold for personal comfort and profit Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Basic Rights Pertaining to Land as a Property Surface Right Productivity Right

Development Right Pecuniary Right

Restrictive Right Disposal Right Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Basic Land Use Planning Concept • LAND USE PLANNING refers to rational and judicious approach of allocating available land resources to different land use activities (agricultural, residential, industrial…) and for different functions consistent with the overall development vision/goals of a particular locality

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Guiding Principles • The five goal elements of Philippine Agenda 21 (PA) – Poverty Reduction – Social Equity – Empowerment and Good Governance – Peace and Solidarity – Ecological Equity

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Guiding Principles • Planning and Management of Resources under National Framework for Physical Planning (2001-2030) – Food Security – Environmental stability and ecological integrity – Regional Urban Development – Spatial Integration – Equitable Access to Physical and natural resources

Guiding Principles Planning and Management of Resources under National Framework for Physical Planning (20012030) – Private-public sector partnership – People Empowerment – Recognition of the rights of IP – Market Orientation

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Principles and approaches in Land Use Planning • • • •

Watershed as platform for land use planning Inclusive and expansive governance Co-management principle Gender responsiveness and sensitivity

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Principles and approaches in Land Use Planning • Integration of Barangay Development Plans (Bottom-Up Approach) • Top-to-Bottom Approach

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Land Classification Philippine Constitution Article XII-Regalian Doctrine

Section 2. • All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.

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Land Classification Philippine Constitution Article XII-Regalian Doctrine Section 2. • With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Land Classification Philippine Constitution Article XII-Regalian Doctrine

Section 3. Lands of the public domain are classified into (1)agricultural, (2)forest or timber, (3)mineral lands, and (4)national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted.

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Land Classification Philippine Constitution Article XII-Regalian Doctrine Section 3. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more that twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

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Philippine Constitution Article XII: Classification of Land

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Land Classification defined in PD 705 • Alienable and disposable lands – Lands of public domain which have been the subject of present system of classification and declared as not needed for forest purposes • Mineral Lands – Lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure

Land Classification defined in PD 705 • National Park – Forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve scenery, the natural historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such manner as will leave the unimpaired for future generations

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Land Classification defined in PD 705 • Forest lands include public forest, the permanent forest or forest reserves, and forest reservations – Public Forest: mass of lands of public domain which has not been subject to the present system of classification for the determination of which lands are needed for forest purposes

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Land Classification defined in PD 705 – Permanent Forest or Forest reserves: lands of public domain which have been subject of the present system of classification and determined to be needed for forest purposes – Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes

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Waters within A&D Lands Article 5 • Waters belong to the state – – – – – – –

Rivers and their natural beds Springs and brooks Natural lakes and lagoons Water flowing over lands Atmospheric water Subterranean or groundwater Seawater

Article 6 • Waters found in private lands belong to the state – Continuous or intermittent waters rising in such land – Lakes and lagoons – Rainwater falling in such lands – Subterranean or groundwater – Waters in swamps and marshes

PD 1067 (Dec. 31, 1976) Chapter II WATER CODE OF THE PHIL.

Classification of Foreshorelands Definition under Fishery Code • A string of land margining a body of water, the part of a seashore between the low-water line usually at the seaward margin of a low tideterrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Governing Laws • Commonwealth Act No. 141or The Public Land Act • The 1987 Constitution • Republic Act No. 8550

LAND RECLASSIFICATION Agricultural to Non-Agricultural Use • Reclassification in terms of use

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Forest into Agriculture

• Reclassification in terms of legal land status

LAND RECLASSIFICATION RA 7160 sec. 20 Reclassification of Lands • A city or municipality may, through an ordinance passed by Sanggunian after conducting Public Hearings for the purpose, authorize the reclassification of agricultural lands

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Conditions • When the land ceases to be economically feasible and sound for agricultural purposes as determined by DA • When the land have substantially greater economic value for non-agricultural use as determined by Sanggunian concerned

LAND RECLASSIFICATION LGU Classification • For highly urbanized and independent component cities • For component cities and 1st to 3rd class municipalities • Fourth to sixth class municipalities

Limitation for reclassification • 15% • 10 %

• 5%

MC 54:

Prescribing the guidelines governing sec. 20 of RA 7160 (June 8, 1993)

Scope and Limitation • Additional Condition: with CLUP reviewed and approved as per EO 72 • Reiterated the conditions and limitations – When the land have substantially greater economic value for nonagricultural use as determined by Sanggunian concerned

Additional Requirement • Notify DA, HLURB, DTI, DOT and other concerned agencies on the proposed reclassification

MC 54:

Prescribing the guidelines governing sec. 20 of RA 7160 (June 8, 1993)

Scope and Limitation • Lands that cannot be subjected to reclassification – Lands distributed to CARP beneficiaries – Lands already issued a notice of coverage and voluntarily offered for coverage • Covered by A0 20 s. of 1992 – All irrigated lands – All irrigated lands where water is not available – All irrigable lands already covered by irrigation project with firm funding

Requirements and Procedures of Reclassification

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MC 54:

Prescribing the guidelines governing sec. 20 of RA 7160 (June 8, 1993)

Highlights: A Guide to Comprehensive Land Use Plan (CLUP) Preparation, 2014

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 The

need to mainstream climate change local land use policies and development strategies; and strengthening disaster risk reduction management

 The

need to have an all-inclusive physical plan by integrating our coastal and forest lands in city/municipal land use plans

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Elements of the Enhanced Guidebook

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A Guide to Comprehensive Land Use Plan Preparation 2014

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CLUP Guidebook Volume 1:

Procedural Steps in the preparation of Comprehensive Land Use Plan and Zoning Ordinance

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Important Points to Remember in the Planning Process 1. Organize 2. Identify Stakeholders Tools for Stakeholder Analysis 1. Stakeholder Identification Workshop 2. Venn Diagram and Stakeholder Influence Diagram 3. Power-Interest Grid 4. Typology of Stakeholder Analysis Methods 5. The Basic Methods of Technology of Participation TOP 6. Principles of Effective Consultation Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Important Points to Remember in the Planning Process 3. Set the Vision 4. Analyze the Situation 5. Set the Goals and Objectives 6. Establish Development Thrusts and Spatial Strategies 7. Prepare the Land Use Plan* 8. Draft a Zoning Ordinance* 9. Conduct a Public Hearing 10. Review, Adopt and Approve the CLUP

CLUP Guidebook Volume 2:

Sectoral Studies and Tools for Analysis

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CLUP Guidebook Volume 3:

Model Zoning Ordinance

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LAND ALLOCATION AND UTILIZATION

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LAND ALLOCATION AND UTILIZATION

12 Step Process in Comprehensive Land Use Planning

Concepts Related to Land: Land Defined • Common Sense: the solid portion of earth’s surface • Legal sense: any ground, soil or earth that is regarded as the subject of ownership and everything annexed to it whether by nature or by man • Economic sense: a natural resource but it can be “man-made”. As such it is often regarded as a good or commodity • Ecological sense: “the natural environment and its attributes…the surface of the earth and all its attributes Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Land Allocation and Utilization Purpose: • To translate the development framework as reflected in the Structure Plan into spatial dimension, and indicating the manner in which land shall be put to its highest and best use

Source: HLURB 2006 CLUP Guidebook , Vol. 1

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Needs to be integrated: • development thrust and spatial strategy that describes how, why, when, and where to build, rebuild and preserve

• Vision, transportation, commodity facilities, economic development, critical and sensitive areas and natural hazards

Inventory of Existing Land Uses Agriculture • • • •

Crops Orchard Pasture Others

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Forest and Forest Land Category • Forest Reserve • National Park • Military and Naval Reservation • Civil Reservation • Forest Buffer

• • • • •

Plantation Fishpond Mining Settlements Others

Inventory of Existing Land Uses Other Categories • • • • • • •

Tourism Eco-Tourism Residential Socialized Housing Informal Settlers Commercial Industrial

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• • • • •

Institutional Parks and Recreation Land Fill Cemetery/Memorial Parks Infrastructure Utilities, Transportation • Others

Inventory of Existing Land Uses Water Uses • Fishery Refuge and Sanctuary • Foreshore (Open Space) • Fishery Reserve • Delta/Estuary • Lakes • Mangrove • Seagrass Beds Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

• • • • • • •

• Reef systems Rivers and Creeks • • Mariculture • Aquaculture • Commercial Fishing Stilts settlements Mining and Quarrying

Sea Lanes Port Wharf Tourism Others

Land Use Categories and Color Coding

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Color Codes of Existing Land Uses (FOREST)

Color Codes of Existing Land Uses (AGRICULTURE)

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Color Codes of Existing Land Uses (Coastal and Marine)

Urban and Other Land Uses

Required Maps: General Existing Land Use General Land Uses: • Forest • Agriculture • Built-up Area

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Urban Barangay Maps • Detailed Land Uses showing urban use

Integration of Ecosystems Forest Ecosystem

Coastal Ecosystem

• FLUP

• Delineate Municipal waters • Assessment of Coastal Resources

– Protected Forest Production Forest (CBFM, IFMA, SIFMA, others) – Multiple Use

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– Seagrass – Mangrove – Coral Reefs

NAMRIA’s MANDATE Sec. 123, RA 8550. The Department of Agriculture shall authorize the National Mapping and Resource Information Authority (NAMRIA) for the designation and charting of navigational lanes in fishery areas and delineation of municipal waters. The Philippine Coast Guard shall exercise control and supervision over such designated navigational lanes. Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

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Section 4(58), RA 8550 Definition of Municipal Waters 1. Streams, Lakes, Inland Bodies of Water and Tidal Waters a. Within the municipality b. Not included within the Protected Areas (RA 7586 or NIPAS Law), Public Forest, Timber Lands, Forest Reserves or Fishery Reserves 2. Marine Waters Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

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Section 4(58), RA 8550 Definition of Municipal Waters “Marine waters included between two lines drawn perpendicular to the general coastline from points where boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. where two (2) municipalities are so situated on the opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shores of the respective municipalities.” Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

Delineating/Delimiting Municipal Waters: IDEAL SITUATION

Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

DEFINITION OF TERMS • Delineation – the determination of the outer limits of the municipal waters of a municipality. • Delimitation – the determination of boundaries of municipal waters between adjacent or opposite municipalities where the delineation of their respective waters show that their respective municipal waters overlap. Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

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PROCESS OF DELINEATION 1. Preliminary mapping of the municipal waters. 1. Validation of the preliminary mapping with the local government units (LGU’s)

2. Revision of the preliminary mapping, if necessary. 3. Certification of the final map and technical description of the municipal waters.

Slide Source: Delineation and demarcation of municipal waters A presentation adapted from Engr. Mario A. Princer, namria by Ari Barcelona

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Basic Land Uses

Common Land Uses

Quick Look at Definition

Urban Area(s) – include all barangay (s) or portion(s) of which comprising the Agricultural lands: devoted to(CBD) crop and poblacion Central business district other built uplivestock areas including urbanizable Production , fish and land in and Adjacent to said areas and where aquaculture production at least 50% of the population are engaged (RA 8435) in non-agricultural activities

Common Land Uses

Quick Look at Definition

Mining area is a portion of contract area Identified by the contractor for purposes of Development, mining, utilization, and sites For support facilities or in immediate vicinity of the mining operation Quarrying area: where process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land

Common Water Uses Mangrove: is a term applied to the type of forest occurring on tidal flat along the Sea coast, extending along stream where the is brackish

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Common Water Uses

Quick Look at Definition

Aquaculture fishery operations Mangrove: is a- term applied to the involving all forms of raising type of forest occurring on tidaland flat culturing fishcoast, and other fishery along the Sea extending along species in fresh, stream where the isbrackish brackishand marine areas

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Methods for Inventory of Existing Land and Water Uses Old Methods

New Methods

• Foot Survey • Windshield Survey

• GPS Survey • Google Earth Scanning

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2. Review the quantified land requirements derived from sectoral studies, current and projected population, vision and development thrust (Demand Analysis)

Sectors • Social Sector – Education, Health, Housing, Peace and Order, Social Welfare, Sports and Recreation

• Infrastructure – Transportation, Communication, Waste Management, Power, Water

• Economic Sector – Agriculture, Commerce and Trade, Industrial, Tourism, Forestry

• Environment

Consider Ecosystem Analysis and CDRA

Demand Analysis

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DEMAND ANALYSIS

Quick Look at Requirements

RA 7279 sec. 8 (UDHA) Identification of sites for socialized housing and resettlement areas for immediate and future Needs of the underprivileged and homeless in the urban areas RA 9003 sec. 17 Illustration or map of the city/municipality indicating locations…….dump sites, landfills and other solid waste facilities…indicate proposed sites for disposal and other solid waste facilities Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Land Allocation 3. Undertake Inventory of available supply (Supply Analysis)

BASIC CONSIDERATIONS: • Compliance to basic land use and land use related laws and issuances – – – – – – –

RA 8435 – Agricultural Fishery and Modernization Act and AO 20 RA 10121- Disaster Risk Reduction and Mangement DAO 15-90- Development and Management of Mangrove Resources PD no. 705- The Revised Forestry Code PD 1067 - Philippine Watercode PD 1096 Building Code of the Philippines RA 7586 NIPAS Act

Land Allocation Undertake Inventory of available supply (Supply Analysis)

BASIC CONSIDERATIONS: • Compliance to basic land use and land use related laws and issuances – RA 9147 Wildlife Act – RA 9729 Climate Change Act – RA 9072 National Cave and Cave Resource Management and Protection Act – RA 7611 SEP for Palawan Act – RA 8371 Ancestral Domain Sustainable Development Protection Plan

Land Allocation Undertake Inventory of available supply (Supply Analysis)

BASIC CONSIDERATIONS: • Compliance to basic land use and land use related laws and issuances – RA 8550 Phil. Fisheries Code – DAO 2004-24 Revised IRR governing the administration and Mgt of Foreshore Lands

• Legal Land Status • Existing Built-up Areas

Land Supply Spatial Analysis for identifying future development areas SIEVE MAPPING

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Four Land Use Policy Areas

General Land Use Policy Areas • Protection

• Buffer Areas

Water source Biodiversity area, …

- Agriculture and Forestland/ Timberland Buffer Areas - Industrial/Residential Buffer Areas - Sensitive Habitat Buffers

- Public Facility Buffers

• Production residential, commercial, industrial, institutional, infrastructure, agriculture/fisheries and production forestry Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

STRATEGIES: Supply Augmentation

Demand Management

• Strategic Interventions – In-filling of Vacant Urban Lands – Densification – Urban Renewal or Redevelopment – Reclamation – Land Conversion

• Strategic Intervention – Improve Rural Setting – New Alternative Centers – Relocation or Resettlement

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QUICK LOOK AT SUITABILITY CRITERIA FOR LAND UTILIZATION AND WATER USE

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Physical Determinants of Land Use Standard Slope Ranges

Slope • The gradient or inclination of a surface expressed as the ratio of the vertical rise to the horizontal run

Slope or Gradient Rise Run Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Slope Range

Description

0-3%

Flat or Level Land

3-8%

Very gently to moderately Sloping (Undulating)

8-18%

Moderately sloping to strongly Rolling

18-30%

Strongly Rolling to hilly

30-50%

Hilly to mountainous

Above 50

Very Steep

Physical Determinants of Land Use Geomorphology • Different landforms occurring on the surface of the earth, such as mountains, plains, coastal areas and the like – Mountains – Plains – Coastal – Swamplands

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Physical Determinants of Land Use Soil Characteristics • Soil Texture or the size of fragments that determines waterholding capacity (ranging from clay to silt, sand and gravel)

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Particles

Diameter in mm

Clay

less than 0.002

Silt

0.002-0.06

Sand

0.06-2.0

Gravel

more than 2.0

Physical Determinants of Land Use

Soil Texture in relation to Runoff • Runoff is the rainwater that flows on the ground surface

Speed of Runoff (km/hr)

Types of Materials Transported

0.27

Fine Clay

0.54

Fine Sand

0.72

Coarse Sand

1.09

Fine Gravel Pebbles about 2.5 cm diameter Stones about 25 cm diameter

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Physical Determinants of Land Use

Soil Characteristics • Soil Structure or the form and shape of particles (ranging from granular to platy)

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Physical Determinants of Land Use Soil Characteristics • Soil Fertility or the amount of organic matter present in a given soil

Two important processes involving soil • Soil Erosion and Soil Drainage Universal Soil-loss equation A=RKLSCP

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R= Rainfall Erosivity K= soil erodibility L= slope length S= slope gradient C= crop management (or vegetative cover) P= erosion-control practice

Suitability Criteria for Future Development Areas

HLURB CLUP Guidebook 2006 Vol. 1

Philippine Land Capability Classes (BSWM) Class A - Very good land with a slope of 0-3%. This can be cultivated safely and requires only simple but good management or farming practices. Class B - Good land with slope of 3-8%. This can be cultivated safely that needs easily applied conservation practices. Class C - Moderately good land with a slope of 8-18%. This must be cultivated with intensive conservation practices. Limitations may be erosion, excess water or soil condition

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Philippine Land Capability Classes (BSWM) Class D- Fairly good land with 18-30% slope. This must be cultivated with careful management and complex conservation practices. Good for limited cultivation and best suited for permanent tree crops. Class L- Level to nearly level land that are too stony or too wet for cultivation. This is limited to pasture or forest use with careful management Class M- Steep slopes, 30-50%. Severely eroded and too shallow for cultivation. This is suited only pasture or forest but needs careful management. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Philippine Land Capability Classes (BSWM) Class N - with very steep slope, 50%. This is shallow, rough or dry for cultivation. Best use for forest with careful management. Class X- Wetlands like mangrove, swamps and marshes. Suited for fishpond or for recreation or conserve for aesthetic value Class Y - Very hilly and mountainous and generally barren and rugged. This should be reforested if trees are found to survive. These are badlands, riverwash areas and sand dunes Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

GENERAL USE OF LAND ACCORDING TO BSWM CAPABILITY CLASSES

Source: lifted from Sangatanan and Sangatanan by E.M Serote, 2004

Location/Site Criteria Standards Commercial Areas • Urbanized Area • Distance fr Residential – Neighborhood center – Minor CBD – Major CBD

• Distance fr: – – – –

Schools Hospital Police station Garbage Disposal Area

Industrial Areas • Topo-relatively flat • Slope-0-2.5% • Good ground water resources • Good external and internal natural drainage • Prevailing wind direction • Land Capability (very good, good or moderately good

Location/Site Criteria Standards Agriculture

Grazing

• Moderate Slopes (15% Maximum) • Soil Type A,B and C (BSWM) • Favorable Temperature Condition • Accessible to irrigation, transport and electricity • CARP Covered and Prime Agricultural Lands

• Slope is 25%-50% but at least 75% of the area has a slope of less than 50% • Covered by herbaceous species • Contiguous area of at least 1,000 hectare • Soil should be stable, medium to heavy texture and erosion resistant • Accessible to continuous and adequate water supply

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Location/Site Criteria Standards Tourism: Determining the attractiveness of an area • • • • • • •

Lodging and Food Recreation and shopping Infrastructure and utilities Natural factors Peace and order Social and cultural factors historical

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Location/Site Criteria Standards Sewerage Disposal

Sanitary Landfill

• • • • •

• Distance

Distance from water source Slope Permeability Percolation Rate >180mm/h Depth of water table>180cm • Bedrock Depth 120m below the disposal field Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

– – – –

Airport runway source of drinking water Perennial stream, lake or river Holocene Fault or known recent active fault

Poultry Farms

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Piggery Farms

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Other Site Criteria Code on Sanitation of the Philippines (PD 856) - No artesian, deep or shallow well shall be constructed within 25 meters from any source of pollution - No burial ground shall be located within 50 meters from either side of the river or within 50 meters from any source of water supply - A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed within same distance from any burial ground Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Fresh Surface Water Quality Criteria (DENR AO no. 34) CLASSIFICATION

• Class AA

BENEFICIAL USE • Public Water Supply Class I – having watersheds which are uninhabited and otherwise protected and which require only approved disinfection in order to meet the National standards for Drinking Water

• Class A

• Public Water Supply Class II – Water supply for drinking but require complete treatment (coagulation, sedimentation, filtration and disinfection)

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Fresh Surface Water Quality Criteria (DENR AO no. 34) CLASSIFICATION • Class B

• Class C

• Class D Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

•

BENEFICIAL USE Recreational Water Class – Primary contact recreation (bathing, swimming, ski diving, etc.) – Propagation and growth of fish and other aquatic resources – Recreational Water Class II (boating) – Industrial Water Class I (for manufacturing processes after treatment) – For Agriculture, irrigation, livestock watering, other – Industrial Water Class II (e.g. cooling)

Establishment of Fish Refuge and Sanctuaries The Fisheries Code RA 8550 • Fish Refuge and sanctuaries to be established by the Department of Agriculture – At least 25% but not more than 40% of bays, foreshorelands, continental shelf or any fishing ground • A local government unit may establish fish refuge and sanctuaries – At lest 15%, where applicable, of its total coastal area Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Major considerations for location/site criteria standards Convenience Standards • Location of land use is determined by considering time and distance as the primary units of measurement

Performance Standards • The main determinants of land use areas area health, safety and amenity

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DEVELOPMENT CONTROL AND INCENTIVES

Tools for Plan Implementation • Zoning Ordinance • Tax Incentives and Disincentives • Expropriation • Other Development Control

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ZONING Defined - The division of the city into districts or zones and prescribing regulations for the use of each district or zone

- The regulation by districts under police power of the height, bulk, and use of buildings, the use of the land, and the density of population. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Political Implications of Zoning • Withdrawal from individual property owners of their absolute right to develop their property • Transfer of individual development right to society at large by the local government to promote social equity & general welfare

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Technical Implication of New Zoning under RA 7160 • Zoning should be comprehensive in scope • Zoning should embrace both land & water use

• Zoning should cover the four policy areas of settlements, infrastructure, production & protection areas

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Transforming CLUP Land Use Types into Zoning Categories The designation of zones or districts by the local government units shall be based on their comprehensive land use plan (CLUP). Essentially, therefore, the technical justifications of zoning lie with the planning activities that led to the formulation of the CLUP. (Model Zoning Ordinance of HLURB)

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Benefits of Zoning • Maximum/optimum use of land based on suitability/capability • Promotion of public health and safety through compatible arrangement of various uses • Preservation of desirable character and real estate values of the district or zone • Promotion of the rational and orderly growth of the community Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

The Municipal Zoning Ordinance

Tourism

Commercial

Industrial

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Residential

Forest

Agricultural

Color Codes for Philippine Zoning Map (General) ZONING CATEGORY 1.

2.

3.

4.

5. 6. 7.

Residential R1 R2 R3 Commercial C1 C2 C3 Institutional Gl Sl Industrial I1 I2 I3 Infrastructure Open Space Others (Cemetery, Land fill site)

COLOR CODE lighter yellow light yellow yellow lighter red light red red blue sky blue light violet violet Dark violet Gray light green Appropriate color other than the above

Source: borrowed slide from Meliton Juanico

Color Codes for Philippine Zoning Map (General) ZONING CATEGORY

COLOR CODE

1. Residential

yellow

2. Agricultural

green

3. Forest

Dark green

4. Special Use 4.1 Mining/ Quarrying 4.2 Grassland/ Pasture 4.3 Agro-Industrial 4.4 Tourism 4.5 Other Uses Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

brown Light green violet orange Appropriate color other than the above

Types of Zoning Euclidean or Conventional or exclusionary zoning Assigns to discrete exclusive areas activities that are incompatible

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Mixed-use Zoning

Allows the combination of compatible activities in the same area Performance Zoning Spot Zoning

Zoning Administration and Enforcement

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LOCAL CHIEF EXECUTIVE Shall enforce and administer the Zoning Ordinance through the Zoning Administrator/ Zoning Officer

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LZBA The Local Zoning Board of Appeals is an administrative regulatory agency of the local government that exercises both original and appellate functions in the implementation of the local zoning ordinance.

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APPEALS Decisions of Local Zoning Boards of Appeals are appealable to the HLURB Board of Commissioners

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ENFORCEMENT OF THE ZONING ORDINANCE Permits/Clearances System



Zoning Certification Endorsed



Locational Clearance Recommend

 



Zoning Officer/DZA

HLURB (If for conversion clearance) Zoning Officer (for Regular Projects) Variance, Exceptions LZBA Clearances (for repair and Renovations of nonConforming use

Development Permits

Sangguniang Bayan (Technical Arm: MPDC/DZA)

Building Permits CR/LS

Building Official/Municipal Engineer HLURB 4B

ENFORCEMENT OF THE ZONING ORDINANCE Locational Clearance All owners/developers shall secure locational clearance from the Zoning Administrator/Zoning Officer or in cases of variances and exemptions, from the Local Zoning Board of Adjustment and Appeals (LZBAA) prior to conducting any activity or construction on their property/land. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

ENFORCEMENT OF THE ZONING ORDINANCE

Building Permit. No building permit shall be issued by the Local Building Officer without a valid locational clearance in accordance the local Zoning Ordinance

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ENFORCEMENT OF THE ZONING ORDINANCE Certificate of Non-Conformance. A certificate of non-conformance shall be applied for by the owner of the structure or operator of the activity involved within six (6) months from the ratification of the zoning ordinance by the Sangguniang Panlalawigan (SP). Failure on the part of the owner to register/apply for a Certificate of NonConformance shall be considered in violation of the Zoning Ordinance and is subject to fine/penalties. Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX RESPONSIBLE PARTIES COMMITTEE(s)/ PERSON(s) Involve

PERMITS AND CLEARANCES PROCESSING/EVALUATION Prerequisite to

Membership/ Concerned Official

Function

Processing

Applicability

1. Issue notice of non-

after ZO

conformance

approval

non-conforming use already existence prior to ZO approval

1. MPDC/ZO/ZA

(HLURB)

2. Issue Zoning Certification

upon application

LC, Land Conversion Clearance and Building Permit

All types of Projects

ECC, Building 3. Issue LC

Permit, CR/LS, and VSR

All types of Projects BP 220 and PD 957, Memorial Parks and Colombarium, Farmlot

4. Evaluate DP Application

CR/LS and VSR

and Industrial Subd.

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX PERMITS AND CLEARANCES PROCESSING/EVALUATION

RESPONSIBLE PARTIES COMMITTEE(s)/ PERSON(s) Involve

Prerequisite Membership/ Concerned Official

to Function

Processing

1. Issue certificate of non-conformance 15 days upon 2. Local Zoning Municipal/City receipt Board of Appeals Mayor of his 2. Issue LC on (LZBA) 30 days from duly authorized variance and Rep. exceptions filing

Applicability non-conforming use prior to approval Building Permit and DP

Special Projects

Municipal/City 3. Issue clearances for repair and Assessor Municipal/City Engineer Legal Officer MPDC 2 Rep. from private sector

renovations of nonconforming use

non-conforming projects

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX RESPONSIBLE PARTIES COMMITTEE(s)/ PERSON(s) Involve Membership/ Concerned Official Function

PERMITS ANDCLEARANCES PROCESSING/EVALUATION Prerequisite to Processing

Applicability

as necessary 3. Local Zoning Review Committee (LZRC) MPDC, MHO, Mag, Initiate Review, Pres. Association amendments and of Barangay revision of the Chairmen, Mun. Zoning Ordinance Engineer, CENRO, MARO, District School Supervisor, 3 private sector rep., 2 NGOs and 2 Pos Rep.

Major Development Projects and Projects of National Significance

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX PERMITS ANDCLEARANCES PROCESSING/EVALUATION Prerequisite

RESPONSIBLE PARTIES COMMITTEE(s)/ Membership/ PERSON(s) Involve

Concerned Official

Function

Processing

to

1. DP Approval

upon

CR/LS (HLURB)

application

Verified

4. Sangguniang Bayan

Survey Return (VSR) (DENR)

2. Issues approval for Building Permits of Group Housing under BP 220

Applicability BP 220 and PD 957, Memorial Parks and Colombarium, Farmlot and Industrial Subd.

BP 220 Housing Projects

ZONING ADMINISTRATION AND ENFORCEMENT SUMMARY MATRIX RESPONSIBLE PARTIES COMMITTEE(s)/ Membership/

PERSON(s) Involve 5. Building Official/ Municipal Engineer

Concerned Official

PERMITS ANDCLEARANCES PROCESSING/EVALUATION Prerequisite

Function 1. Issue Building Permit

2. Evaluate DP application if not done by the MPDC or jointly with the MPDC

Processing to Prior to Building Construction Construction

Applicability

all types of development structures except for building permits of group housing under BP220

Tax Incentives and Disincentives RA 7160 Sec 237

RA 7160 Sec 240 and 241

• Idle Land Tax on – Agricultural Lands – Non-agricultural – Residential Subdivision

• Special Levy on – Lands benefited by public works project or improvements funded by the LGU concerned

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Expropriation RA 7160 sec 19 • Eminent Domain may be exercised for public use, or purpose, or welfare for the benefit of the poor and the landless upon payment of just compensation Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Additional Conditions • Valid and definite offer has been previously made to the owner and such offer did not accept

• The LGU may immediately take possession upon filing expropriation proceedings and a deposit with the proper court

Other Development Control (Building Code) Declaration of Policy • To safeguard life, health, property, and public welfare • To provide framework of minimum standards and requirements • To regulate and control location of buildings, site, design, quality of material, construction, use and maintenance Short Course on Environmental Planning DCERP & HUMEIN Phils. Inc.

Scope and Application • • • • • • • •

Architectural Civil/structural Electrical Mechanical Sanitary Plumbing Electronics and interior design Location, siting, construction, alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of and addition to public and private buildings and structures

Other Development Control (Subdivision Control) • BP 220 Residential Subdivision • PD 957 • EO 648 Memorial Parks and Cemetery (Article IV Sec (c)) Farmlot Subd

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REVISED MINIMUM DESIGN STANDARDS PARAMETERS

PD

957

BP

220

MAX. SELLING PRICE

OPEN MARKET

MEDIUM COST

ECONOMIC 1.25M

SOCIALIZED P400,000.00 – ;shall not be upgraded to any other type of housing project

SAME AS PD 957

SAME AS PD 957

PROJECT LOCATION

Within suitable sites for housing and outside potential hazard prone and protection areas

Within suitable sites for housing and outside potential hazard prone and protection areas

LAND ALLOCATION 1. SALEABLE 2. NON-SALEABLE

a. 70 % (maximum) b. 30 % (minimum)

a. 70 % (maximum) b. 30 % (minimum)

DENSITY % of Gross Area 20 & below 3.5 21-25 4.0 26-35 5.0 36-50 6.0 51-65 7.0 65 above 9.0

DENSITY

Mandatory provision of areas for community facilities

Mandatory provision of areas for community facilities

Area allocated for parks & playground (one ha. & above)

Area allocated for community facilities

20 & below 21-25 26-35 36-50 51-65 Above 65

% of Gross Area 3.5 4.0 5.0 6.0 7.0 9.0

Variable see open s pace requirements

Same as economic housing.

DENSITY

% of Gross Area 150 & below 3.5 151-160 4.0 161-175 5.0 176-200 6.0 201-225 7.0 225 above 9.0

DENSITY

Area allocation for community facilities Density % of Gross Area 150 below 1.0 % 151-225 1.5 above 225 2.0

Area allocation for community facilities Density % of Gross Area 150 below 1.0 % 151-225 1.5 above 225 2.0

% of Gross Area 150 & below 3.5 151-160 4.0 161-175 5.0 176-200 6.0 201-225 7.0 226 above 9.0

REFERENCES: • A Guide to Comprehensive Land Preparation, 2014. Volume 1. HLURB

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THANK YOU!

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