A) Zoning and Construction Ordinances a) MUNICIPAL ORDINANCE NO. 90, S. 1996; “AN ORDINANCE REGULATING THE CONSTRUCTION OF HUMPS OR PLACING OF PROTUBERANCE ON PUBLIC ROADS WITHIN THIS MUNICIPALITY.” SECTION1. – Regulated Acts . No person, natural or juridical, shall construct any kind of humpor place any kind of protuberance, on any public road within the Municipality of Malay, without firstsecuring a Permit therefore from the Office of the Mayor thru the Municipal Engineer.SECTION 2. – Administrative Provisions .1) Any person, natural or juridical, desiring to construct humps or place any kind of protuberance onany public road within thisMunicipality shall file an application for that purpose with the Office of the Municipal Engineer.2) Upon receipt of the said application, the Municipal Engineer or his duly assigned representative shallcoordinate with the Officer-in-Charge of Traffic Management to discuss the merits of the application.Thereafter, their joint or individual recommendation shall be submitted to the Mayor.3) No permit by the Mayor on this shall be issued without the written recommendation of both theMunicipal Engineer and the Officer-in-Charge of Traffic Management.SECTION 3. – Rules and Regulations .1) The Municipal Engineer shall determine the appropriate specification as to the thickness, width andlength of the hump or protuberance to be placed or constructed. These humps shall be allowed onlyon intersections, schools and hospital zones or highly hazardous areas.2) The Municipal Engineer is hereby authorized to alter or modify the existing humps or protuberanceon any Municipal or Barangay roads to conform with the necessary specifications prescribed by hisOffice.3) The Municipal Engineer and the Officer-in-Charge of the Traffic Management Office shall issue thenecessary additional rules and regulations or implementing guidelines for the effective enforcement.SECTION 4. – Penalty . Violators of this ordinance shall be punished by a fine of not less thanFIVE HUNDRED PESOS (P500.00) but not more than TWO THOUSAND FIVE HUNDRED PESOS(P2,500.00) or an imprisonment of not less than fifteen (15) days but not more than six (6) months orboth fine and imprisonment at the discretion of the court.ENACTED. JULY 11, 1996.( APPROVED. SP RESOLUTION NO. 96-290) b) MUNICIPAL ORDINANCE NO. 96 – 97; “AN ORDINANCE REGULATING THE CONSTRUCTION OF ALL BUILDING AND OTHER STRUCTURES IN BORACAY.” WHEREAS, Resolution No. 135, s. 1994 amends the height limit of all structures in Boracay asprovided for in the Master Development Plan;WHEREAS, recent survey of all existing structures show that many owners and contractorsmisinterpreted the provisions of existing regulations, thus they failed to comply with limitationsprescribed by existing regulations in the construction of their structures and/or buildings;WHEREAS, there is a need to prohibit and/or regulate the construction of building and otherstructures in Boracay particularly near the beaches and the water around the Island in order to protect itsecology and to preserve its natural environment and beauty as a tourist destination; WHEREAS, this Body has directed the Municipal Planning and Development Officer and theMunicipal Engineer to conduct a survey and submit their recommendation on the acceptable limitationsthat should be imposed on the construction of all structures and building in Boracay;WHEREAS, this Body has conducted the required public hearings on this proposed Ordinanceand the consensus arrived in the said public hearing have taken into consideration and incorporated in theOrdinance;NOW THEREFORE, following the recommendations of the Municipal Planning andDevelopment Officer and the Municipal Engineer, and of the consensus reached during the publichearings conducted for the purpose; the Sangguniang Bayan of Malay, Aklan hereby enact the followingordinance:SECTION 1. – Ordaining Clause . No building or structures of any kind neither commercial,business, recreational and residential, whether permanent or temporary shall be constructed and/orallowed to operate on the beaches around the island including the offshore waters; In the same mannerthat no building or structure of any kind temporary or permanent shall be constructed or be allowed tooperate within twenty five (25) meters from the beach marker established by the DOT which is hereinafter referred to as “NO BUILD AREA” except those structures already existing therein prior to the approval of this Ordinance; In case f renovations or new construction the same lot owners shall berequired to follow all provisions of this ordinance;SECTION 2. – A setback of five (5) meters from the edge of the “NO BUILD AREA” as specified in Section 1 hereof shall be observed. All persons whether natural or judicial who wanted to construct buildings or structures next to the “NO BUILD AREA” shall construct their buildings or structures five (5) meters away from the edge of the “NO BUILD AREA” specified herein; SECTION 3 (a). – Maximum height of all buildings/structures with roof deck shall be measuredfrom the natural ground up to the highest point or apex of the building/structures shall (See Annex A);I. Five (5) meters or one (1) storey building, shall be constructed five (5) meters away from the edge of the “NO BUILD AREA” as specified herein; II. Six (6) meters or one (1) storey building only, shall be constructed ten (10) meters away from the edge of the “NO BUILD AREA”; III. Eight and one half (8.50) meters or two (2) storey building only shall be constructed fifteen (15) meters away from the edge of the “NO BUIL
Posted on: Sat, 31 Aug 2013 00:49:13 +0000
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