Policies on Protected Areas

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 Easements of Public Use

Pursuant to the provisions of Water Code (PD 1067), the following easements shall be observed:

1. The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind. Since this municipality was classified as highly urban areas by virtue of Provincial Executive Order No. 96 last August 1, 2007, the requirement of three meter easement shall be imposed on all types of lands.

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 Parks and Green/Open Spaces

A network of parks and open spaces will be identified and should be protected from being utilized into residential, commercial, industrial and other uses. All residential, commercial, industrial and mixed-use subdivisions, having a total contiguous land area of 10 hectares or less are required to provide tree planted strips along its internal roads

Sanitation Code of The Philippines (PD 856)

Sec. 444 - Chief Executive Power, Duties and Compensation

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality.

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, programs objectives.

Implement incentives in accordance to PEZA Law, Barangay Micro Business Enterprise Act of 2002, RA 9178 and Municipal Investment Code of 2008

Municipal Ordinance 03-2000 was enacted to impose local idle land tax to all vacant privately owned land.

Imposition of additional 0.5% tax on the assessed value of all lands in urban areas in excess of P50,0000. (Sec 43 of UDHA of RA 7279) and Provincial Executive Order 2004 IRR of Chapter XIX - “Nuisances and Offensive Trades and Occupations” of the Code of Sanitation of the Philippines (PD 856)

General Trias Comprehensive Land Use Plan (2012-2021) Volume 1 – Part II The Comprehensive Land Use Plan

having a spacing of not more than 10 meters per tree. Likewise they are being mandated to provide 30 percent of their total land subdivision area for open spaces.

This must be sustained to provide abundant stockpile of open spaces for future parks and recreational venues for the use of the general public. All non-conforming uses shall be subject to the mitigating measures to be provided in the Zoning Ordinance.

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 Road Easements/Setbacks and Buffer zones

Presidential Decree 705 or the Forestry Code mandates a 20-meter regulatory setback from the edge of the ROW of national roads. DWPH road standards, on the other hand, provides minimum setback from the ROW of major thoroughfares of 10 meters for residential, 20 meters for commercial, and 30 meters for industrial. This shall be strictly followed and accordingly incorporated in the Zoning Ordinance.

Building setbacks shall be considered as buffer yards and shall serve as buffer locations, at the outer perimeter of a lot or parcel. In no case shall buffers occupy public or private street rights-of-way. Whenever necessary, buffers shall be required to be extended and/or provided with planting materials in order to alter negative conditions such as noise, odor, unsightly buildings or danger from fires and explosions.

Landscaped buffers with suitable foliage are encouraged. Buffers are part of yards and open spaces and in no case shall buildings encroach upon it. It may, however, be used for passive recreation such as gardening, pedestrian trails, etc.

The municipality’s easements/buffer zones are to be protected from pollution and encroachment. Establishment of a mechanism to identify and recover easements along the major rivers as well as setbacks planned expansion of its urban area are to be placed. Efforts to delineate and recover easements and setbacks are to be made, in anticipation to the need for increased commercial and industrial activities brought about by the influx of investment in the municipality.

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 Protected Agricultural Lands/SAFDZs and NPAAADs

The municipality’s agricultural lands shall be kept in a productive state. Areas declared as SAFDZ and NPAAAD shall be conserved and preserved. These protected agriculture and fishery lands shall not be converted into urban land uses and those agricultural lands outside SAFDZ shall also be protected from illegal and irrational conversion. Reclassification guidelines will strictly follow the provisions of AFMA Law, the Local Government Code of 1991, and the Comprehensive Agrarian Reform Law, among other laws. Reclassified agricultural lands, if undeveloped for a period of one year upon reclassification, shall be reinstated to agricultural classification.

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 Rivers/Creeks

All developments shall undertake the protection of rivers, streams, lakes and ponds from sedimentation and erosion damage. Municipal and industrial wastewater effluents shall not discharge into surface and groundwater unless it is scientifically proven that such discharges will not cause the deterioration of the water quality. Easements shall at all times be observed along the banks of rivers and streams and the shores of the lake throughout the entire length pursuant to the provisions of the Water Code of the Philippines.

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 Environmentally-Constrained Areas

These are areas that occupy environmentally sensitive land (e.g. susceptible to flooding, unstable plains, areas near rivers and creeks, low-lying areas and proximity to source of air and noise pollution). In order to ensure public safety, development will be prohibited in environmentally constrained areas, unless, otherwise provided with

General Trias Comprehensive Land Use Plan (2012-2021) Volume 1 – Part II The Comprehensive Land Use Plan

mitigating measures. Development in the flood prone areas will have to provide adequate drainage facilities while developments in areas with unstable plains will need special foundations.

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 Tourist Sites, Parks, and Historical Places

Historic sites and facilities shall be conserved and preserved. These shall, to the extent possible, be made accessible for the educational and cultural enrichment of the general public. Sites with historic buildings or places shall be developed to conserve and enhance their heritage values. Historic sites and facilities shall be adaptively re-used.

Legal Basis

 Park/Playground Area

Provision of BP 220, PD 957 and E.O. 648 requiring parks and playground for subdivision projects.

General Trias Children and Youth Welfare Act (Municipal Ordinance 11-04)

Climate Change Act (RA 9729) and PD 1566 - Establishing the National Program on Community Disaster Preparedness

Par (2-vii) (b)(2) of Section 17 Basic Services and Facilities, Chapter 2 - Gen Powers and Attributes of Local Government Units RA 7160 mandated the LGU to provide public parks including freedom parks, playgrounds and sports facilities and equipment, and other similar facilities.

Par. 2, Sec 5, Chapter 2 - General Trias Child and Youth Welfare Code (Mun. Ord. 11-52) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours.

 River

DENR A.O. 97-05 will be implemented by respective offices to ensure compliance of retention areas within certain distance along the banks of rivers, streams... for environmental protection. (Note: this policy also applies to settlement use)

Provincial Ordinance No. 2003-005 - will be implemented by requiring the subdivision developers to provide slope protection, a one meter path walk and two meter planting strip to be placed at the edge of the property line of the three meter easement.

(Note: this policy also applies to settlement use)

DENR A.O. 34 & 35 series of 1990, will be strictly implemented by the MENRO, Sanitation Field Inspectors and DENR to ensure compliance to water quality criteria and effluent standards of wastewater disposal on waterways (Note: this policy also applies to settlement use and production use)

IRR of Chapter XIX- “Nuisances and Offensive Trades and Occupations” of the Code of Sanitation of the Philippines (PD 856)

 Easement/Bufferzone

DENR A.O. 97-05 will be implemented by respective offices to ensure compliance of retention areas within certain distance along the banks of rivers, streams... for environmental protection. (Note: this policy also applies to settlement use)

p. 129 Table VIII.G.1 Easement Along Water Bodies/Way by Location of the National Building Code.

Municipal Ordinance 03-2000 was enacted to impose local idle land tax to all vacant privately owned land.

 Historical Site

Par(xi) (2)(b) Sec.17 Basic Services and Facilities, Local Government Code (RA 7160) Local government units shall likewise exercise such other power and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein...(xi)Tourism facilities

General Trias Comprehensive Land Use Plan (2012-2021) Volume 1 – Part II The Comprehensive Land Use Plan

5.4 Policies on Utilities, Transportation and Infrastructure Areas