zoning and construction ordinances

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 hump or place any kind of protuberance, on any public road within the Municipality of Malay, without first

securing 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 on any public road within this

Municipality 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 shall coordinate 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 the Municipal 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 and length of the hump or protuberance to be placed or constructed. These humps shall be allowed only

on intersections, schools and hospital zones or highly hazardous areas.

2) The Municipal Engineer is hereby authorized to alter or modify the existing humps or protuberance on any Municipal or Barangay roads to conform with the necessary specifications prescribed by his

Office.

3) The Municipal Engineer and the Officer-in-Charge of the Traffic Management Office shall issue the necessary 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 than FIVE 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 or

both 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 as

provided for in the Master Development Plan;

WHEREAS, recent survey of all existing structures show that many owners and contractors

misinterpreted the provisions of existing regulations, thus they failed to comply with limitations

prescribed 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 other

structures in Boracay particularly near the beaches and the water around the Island in order to protect its

ecology and to preserve its natural environment and beauty as a tourist destination;

WHEREAS, this Body has directed the Municipal Planning and Development Officer and the

Municipal Engineer to conduct a survey and submit their recommendation on the acceptable limitations

that 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 Ordinance

and the consensus arrived in the said public hearing have taken into consideration and incorporated in the

Ordinance;

NOW THEREFORE, following the recommendations of the Municipal Planning and

Development Officer and the Municipal Engineer, and of the consensus reached during the public

hearings conducted for the purpose; the Sangguniang Bayan of Malay, Aklan hereby enact the following

ordinance:

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/or

allowed to operate on the beaches around the island including the offshore waters; In the same manner

that no building or structure of any kind temporary or permanent shall be constructed or be allowed to

operate 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 be

required 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 measured from 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 BUILD AREA;

IV. Ten and one half (10.50) meters or two (2) storey building only shall be constructed twenty five (25) meters away from the edge of the NO BUILD AREA;

V. Twelve (12) meters or three (3) storey building shall be constructed sixty five (65) meters away from the edge of the NO BUILD AREA;

VI. Attic or mezzanine shall be prohibited;

SECTION 3 (b). Maximum height of all buildings/structures with normal roofing shall be measured from the natural ground up to

the highest point or apex of the buildings/structures shall; (See Annex B).

I. Six (6) meters or one (1) storey building only shall be constructed five (5) meters away from the NO BUILD AREA;

II. Eight (8) meters or one (1) storey building only shall be constructed ten (10) meters away from 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 NO BUILD AREA;

IV. Ten and one half (10.50) meters or two (2) storey building only shall be constructed twenty five (25) meters away from the NO BUILD AREA;

V. Fourteen (14) meters or three (3) storey building only shall be constructed One Hundred Fifty (150) meters away from the NO BUILD AREA provided that it shall be One Hundred (100) meters away from the center of the main road;

VI. Attic or mezzanine shall be prohibited.

SECTION 3 (c). There shall be a setback of three (3) meters measured from the shoulder of all the buildings/structures constructed along the main road; and one (1) meter setback from their property

line.

SECTION 4. No buildings/structures shall be constructed slope over twenty five percent (25%) unless may be determined by the Building Official is structurally protected and provided with soil erosion

protective structures. Buildings/structures on this area shall have a maximum of up to ten (10) meters

height.

SECTION 5. (a) No building or structures shall be constructed on a swamp or other water clogged areas in the island except on those area classified by existing zoning ordinance as BUILDABLE AREAS.

(b) Building constructed on swamp classified as BUILDABLE AREA shall comply with the requirements of the National Building Code,

the height limitations provided by this ordinance and the setback requirement of five (5) meters from each

building and from the boundary lines of the lot.

(c) Construction of other structures on swamp or other water clogged areas classified as

BUILDABLE AREAS in the Zoning Ordinance shall secure Permits and comply with the requirements of the proper government agency.

SECTION 7. Penalties.

a) The owner or operator of building or structure who violates this ordinance shall be fined TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) and order to correct the defect or violation. If

after three (3) months, due notice has been served, the defect of the structure is not yet corrected, the

whole building or structure shall be demolished at the expense of the owner.

b) Contractors, Architects and/or Engineers of the buildings constructed in violation of this ordinance shall be fined TWO

THOUSAND FIVE HUNDRED PESOS (P2,500.00) for every building or structure constructed

under their supervision shall likewise be penalized, or an imprisonment of not more than six (6)

months or both at the discretion of the court.

SECTION 8. This ordinance amends, modifies and/or repeals the provisions of all other ordinances and resolutions in consistent with it.

SECTION 9. This ordinance is a modification of Resolution No. 045, series of 1996 and shall take effect immediately upon its approval.

Implementing Rules:

1) Identify and establish markers in NO BUILD AREA.

2) To make an inventory of all existing structures in NO BUILD AREA.

3) The Municipal Engineer or any authorized representative will monitor the status of existing structures in NO BUILD AREA.

c) MUNICIPAL ORDINANCE NO. 99-120; AN ORDINANCE REGULATING THE CONSTRUCTION AND/OR INSTALLATION OF TRANSMITTER AND TRANSCEIVER

TOWERS OR ANTENNAS OF TELECOMMUNICATION COMPANIES AND RADIO AND

TELEVISION STATIONS.

Be it ordained by the Sangguniang Bayan of Malay that:

SECTION 1. Objective.

(a) To establish and designate a specific area in Boracay Island where transmitter and transceiver towers of antennas of telecommunication companies radio and television companies or stations that

may be permitted to operate in the Island in the future should be constructed and/or installed in order

to prohibit the sprouting of these transmitters and transceivers all over the Island destroying its

natural skyline and posing a rink to air travelers and air recreational activities;

(b) To prescribe the maximum height and uniform colors of paints for these towers and/or antennas so that they will blend with its surrounding vegetation and terrain.

SECTION 2. The mountain of Barangay Balabag proper going to Sitios Bolabog and Lapus-lapus is hereby designated as the only area in the Island of Boracay where telecommunication transmitters

and transceivers may be constructed and/or installed.

SECTION 3. - The maximum height of the transmitter and/transceiver towers and antennas

shall not be more than thirty (30) meters from the highest point or peak of the area designated in Section

2 hereof.

SECTION 4. - All telecommunication transmitter and transceiver towers that are already

existing and those that may be constructed and/or installed in this designated area in the future shall be

painted with green and white.

SECTION 5. - All transmitter and transceiver towers already existing shall comply with the

requirements of Section 4 hereof within one (1) year from the approval of this Ordinance.

SECTION 6. A fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) or imprisonment of not more than six (6) months or both fine and imprisonment at the discretion of the court

shall be imposed upon any violator of any of the provisions of this Ordinance. If the violator is a juridical

person, the penalty shall be imposed upon the president, general manager or other guilty officer or

officers of said juridical entity. In addition, the permit for the operation of the said telecommunication,

radio and television companies in the Island of Boracay shall be revoked and/or suspended by the

Municipal Government until the violators shall have complied with the provisions of this Ordinance

SECTION 7. This Ordinance shall take effect upon its approval.

APPROVED. JANUARY 14,1999.


d) MUNICIPAL ORDINANCE NO. 2000-129; AN ORDINANCE REGULATING THE ISSUANCE OF BUILDING PERMIT AND OCCUPANCY PERMIT AND THE IMPOSITION

OF BUILDING PERMIT AND OCCUPANCY PERMIT FEE IN THE ISSUANCE OF THE

SAME.

Be it ordained by the Sangguniang Bayan of Malay, Aklan, that;

SECTION 1. - Administrative Provision. No person, firm, corporation and contractor is

allowed to construct, repair or renovate any kind of building or any structure, temporary or permanent

without securing first Building Permit from the office of the Municipal Engineer.

SECTION 2. - All persons, firms or corporations applying for Building and Occupancy Permit

shall be required of a Sangguniang Bayan endorsement for all kinds of construction they maybe built,

constructed or occupy. (Section 2 of Zoning Ordinance).

SECTION 3. - All persons, firms or corporations issued a Building Permit shall be required to

secure an Occupancy Permit first from the Municipal Engineers Office before occupying their structure/building.

SECTION 4. Assessment and Collection of Fees. There shall be an assessed and collected fees and charges for services rendered in connection with the processing and issuance of a Building

Permit and Occupancy Permit in accordance with the following rates;

1. PAYMENT SCHEDULE FOR BUILDING PERMIT

(1) Excavation for Foundation and Basement - - - - - - - - - P5.00/cu.m.

(2) Payment of Residential Building: a. Above 20 sq.m. up to 50 sq.m. - - - - - - - - - - - - - 2.00/sq.m.

b. Above 50 sq.m. up to 100 sq.m. - - - - - - - - - - - - - 4.00

c. Above 100 sq.m. up to 150 sq.m. - - - - - - - - - - - - - 5.00

d. Above 150 sq.m. - - - - - - - - - - - - - - - - - - - - - - - - - 6.00

(3) Payment of Commercial Building:

a. Up to 5,000 sq.m. - - - - - - - - - - - - - - - - - - - - - - - 9.60/sq.m.

b. Above 5,000 sq.m. up to 6,000 sq.m. - - - - - - - - - - 8.80

(4) Payment of Institutional, Social and Educational Building:

a. Up to 5,000 sq. m. - - - - - - - - - - - - - - - - - - - - - - 8.00/sq.m.

b. Above 5,000 sq.m. up to 6,000 sq. m. - - - - - - - - - - 7.50

(5) Payment of Agricultural Building (includes greenhouses, granaries, barns and poultry houses, piggeries and others:

a. Up to 20 sq.m. - - - - - - - - - - - - - - - - - - - - - - - Exempted b. Above 20 sq.m. up to 500 sq. m. - - - - - - - - - - - - - P 1.00

c. Above 500 sq.m. up to 1,000 sq.m. - - - - - - - - - - - - - 1.50

(6) Payment of Footing or Foundation of Buildings/Structures:

Per sq. m. or fraction thereof of footing - - - - - - - - - - - 200.00

(7) Payment of Building with a Height of more than 8.00 meters shall be charged an additional fee of - - - - - - - - - - - - - - 0.20/cu.m.

(8) Repairs on Building of Structures:

a. Repair costing up to P5,000 - - - - - - - - - - - - - - Exempted

b. Repair costing more than P5,000 shall be charge 1% of the Estimated Cost of repair.

(9) Construction of Tombs and canopies, mausoleums and niches in Cemeteries and memorial parks:

a. Plain tombs, cenotaphs or monuments without backdrop wall, canopy or roofing - - - - - - - - - - - - - - - - - - - - - - Exempted

b. Canopied tomb, whether partially or totally roofed over per sq.m. - - - - - - - - - - - - - - - - - - - - - - - - 3.00

c. Semi-enclose mausoleums whether canopied

or not - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4.00

d. Totally enclose mausoleums, per sq.m. - - - - - - - 8.00

(10) Fencing Permit Fee:

a. Fences up to 1.80 meters in height, made of materials other than those mentioned above per l.m. - - - - - - - - 5.00

b. Fences in excess of 1.80 meters in height made of materials other than those mentioned above - - - - - - - - - 5.00

(11) Demolition Fee/Moving of Buildings/Structures:

a. Demolition Fee: Area involved per sq.m.- - - - - - - - - 4.00 b. Moving Fee : Area of building/structure to be moved per

sq.m. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4.00

(12) Construction Fee Erection of Towers:

a. Residential - - - - - - - - - - - - - - - - - - - - - - - - - - - - Exempted

b. Commercial/Industrial:

elf Supporting Trilon

1. Up to 10 meters in height - - - - - - - - - P2,000.00 P200.00

2. Every meter or fraction thereof in excess of 10 m. - - - - - - - - - - - 100.00 10.00

(13) Construction of Steel Tanks for Commercial/Industrial Use:

a. Up to 10 cu.m. - - - - - - - - - - - - - - - - - - - - - - - - - - 400.00

b. Every cu.m. or fraction thereof in excess of 10 cu.m. to 100 cu.m. - - 20.00 c. in excess of 100 cu.m. 1,000 cu.m.- - - - - - - - - - - - - - - - - - 16.00

(14) Steel Tank Underground:

a. Up to 20 cu.m. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 600.00

b) Every cu.m. or fraction thereof in excess of 20 cu.m. - - - - 20.00

(15) Sanitary/Plumbing Permit Fees:

a. One unit, composed of one water closet, two floor drains, one lavatory, two faucets and one shower head - - - 30.00/unit

(16) Sign Permit Fees:

a. Up to 4.00 sq.m. of Signboard area - - - - - - - - - - - - - - - - - - 200.00

b. Every sq.m. or fraction thereof in excess of 4 sq.m. - - - - - 20.00

2. FOR OCCUPANCY PERMIT

(a) Buildings costing up to P50,000.00 - - - - - - - - - - - - - - - - - - - -P 200.00 (b) Buildings costing more than P50,000.00 to P100,000.00 - - - - - - - 400.00 (c) Buildings costing more than P100,000.00 up to P250,000.00 - - - -800.00 (d) Buildings costing more than P250,000.00 up to P499,000.00 - - - - 1,200.00 (e) Buildings costing more than P500,000.00 but less than P1,000.00 -1,600.00 (f) Buildings Costing more than P1,600,000.00 - - - - - - - - - - - - - 0.10% Cost of Building

SECTION 5. - Time of Payment. Fees and charges referred to in this Ordinance shall be paid

to the Municipal Treasurer before the issuance of Building Permit and Occupancy Permit.

SECTION 6. - Accrual of Payment. Building Permit Fees and Occupancy Permit Fees shall

accrue entirely to this Municipality.

SECTION 7. - Penalty. Any person, firms, corporations and contractors who violates any

provision of this Ordinance shall be fined of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00)

and order to correct the defect or violation. If after fifteen (15) days, due Notice has been served, the

defect of the structure is not yet corrected, the whole building or structure shall be demolished at the

expense of the owner and or imprisonment of not more than thirty (30) days or both upon the discretion of

the court.

SECTION 8. - This Ordinance shall take effect upon approval.

ENACTED. JUNE 8, 2000.

APPROVED. JULY 13, 2000.

(APPROVED: SP RESOLUTION NO. 2000-294)

e) MUNICIPAL ORDINANCE NO. 2000-131; AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 96-97 REGULATING THE CONSTRUCTION OF ALL BUILDINGS

AND OTHER STRUCTURES IN THE ISLAND OF BORACAY.

Be it enacted by the Sangguniang Bayan duly assembled:

SECTION 1. Declaration of Policy. It is the policy of the Municipality to maintain and preserve the natural beauty and environment of Boracay Island particularly its white beaches and crystal

clear waters as a peaceful, comfortable, healthful, sanitary and beautiful tourist haven both for domestic

and foreign tourists for all generations to come.

SECTION 2. Definition of Terms. As used in this Ordinance, the following words, terms and phrases shall mean as follows:

(a) Mean High Water Mark the part of the seashore between the upper limits of the wave wash at the highest tide of the year and the upper limits of the wave wash during normal high tides of the year;

(b) No Build Zone the space twenty-five (25) Meters from the edge of the mean high water mark measured inland;

(c) Maximum Height the height of the building measured from the natural level of the ground to the highest point of the roof of a building;

(d) Open Space portion of the lot that should be left vacant and free of any vertical construction or structure.

(e) Setback the space or distance from the edge of the NO BUILD ZONE measured straight inland to the nearest edge of the structure.

(f) Cliff high steep face of rock or mountain.

(g) Building Permit document issued by the Office of the Municipal Engineer approving and/or authorizing the proposed construction;

(h) Zoning Clearance document issued by the Office of the Municipal Zoning Officer attesting that the proposed construction has complied with the Set Back and Open Space Requirement of this

Ordinance;

(i) Certificate of Occupancy document issued by the Office of the Municipal Engineer attesting that the finished construction has complied with all the requirements for its construction and is fit to be

used for its purpose;

SECTION 3. No building or structure of any kind whether temporary or permanent shall be allowed to be set up, erected or constructed on the beaches around the Island of Boracay and in its

offshore waters. During the conduct of special activities or special events, the Sangguniang Bayan may

through a Resolution authorize the Office of the Mayor to issue Special Permits for construction of

temporary structures on the beach for the duration of the special activity as embodied in the Resolution.

SECTION 4. Setback Requirements and Maximum Height Limits.

(a) The setback requirements and maximum height limits for all buildings shall be as follows:

(1) The maximum height of buildings that can be constructed Five (5) Meters away from the edge of the NO BUILD ZONE measured inland up to Fifteen (15) Meters away therefrom shall be

Six (6) Meters tall provided one (1) storey building only;

(2) The maximum height of buildings that can be constructed Fifteen and One Tenth (15.1) Meters away from the edge of the NO BUILD ZONE measured inland up to Twenty Five (25) Meters

away therefrom shall be Eight and One Half (8.5) Meters tall provided two (2) storey building

only;

(3) The maximum height of buildings that can be constructed Twenty Five and One Tenth (25.1) Meters away from the edge of the NO BUILD ZONE measured inland up to Fifty (50) Meters

therefrom shall be Ten and One Half (10.5) Meters tall;

(4) The maximum height of buildings that can be constructed Fifty and One Tenth (50.1) Meters away from the edge of the NO BUILD ZONE measured inland up to One Hundred Fifty Meters

(150) Meters therefrom shall be Twelve (12) Meters.

(5) The maximum height of buildings that can be constructed more than One Hundred Fifty (150) Meters away from the edge of the NO BUILD ZONE shall be Fourteen (14) Meters;

Provided that:

(b) The nearest edge of all buildings and structures temporary or permanent that may be constructed along a road shall be at least Six (6) Meters from the center of the road; and

(c) The nearest edge of all buildings and structures that maybe constructed shall be at least one (1) meter away with firewall from the boundary of the lot and shall be two (2) meters away without

firewall from the boundary of the lot.

(d) No building or structure shall have more than three (3) floors.

SECTION 5. Open Space. A mandatory open space equivalent to Forty Percent (40%) of the lot area where a vertical construction is proposed to be undertaken shall be maintained and kept open and

free from any structure. Construction of Horizontal structure is allowed for lot areas located in the

interior portion.

SECTION 6. No building or structure shall be allowed to be constructed on a slope Twenty Five Percent (25%) or higher unless provided with soil erosion protective structures and authorized by the

Department of Environment and Natural Resources;

SECTION 7. Construction of buildings and other structures on edge of cliffs in areas classified as Buildable by Zoning Ordinance shall;

(a) Comply with the design requirements of the National Building Code.

(b) Observed a setback of ten (10) meters from the edge of the cliff and shall have a maximum height of no more than 10.5 meters.

SECTION 8. - No building or structure shall be allowed to be constructed on a swamp or other

water clogged areas unless authorized by the Department of Environment and Natural Resources;

SECTION 9. Permits and Clearances.

(a) No building or structure shall be allowed to start construction unless a Building Permit therefor has been duly issued by the Office of the Municipal Engineer. Once issued, the building

owner or any person in charge of the construction shall display on the lot or on the building

undergoing construction a placard containing the Building Permit Number and the date of its issue.

The Office of the Municipal Engineer shall not issue any building permit unless:

(1) The proposed construction has been duly issued a Zoning Clearance by the Office of the Municipal Zoning Officer;

(2) The proposed construction has been duly endorsed by the Sangguniang Bayan through a Letter of Endorsement;

(b) Only buildings/structures which has complied with all the requirements for its construction as verified to by the Building Inspector and the Sangguniang Bayan shall be issued a Certificate of

Occupancy by the Office of the Municipal Engineer.

(c) No Business or Mayors Permit shall be issued to businesses being undertaken on buildings or structures which were not issued a Certificate of Occupancy beginning January 2001 and thereafter;

(d) No telephone, water or electrical connections shall be allowed to be attached or connected to the building or structure that has been or is being constructed unless the construction of the said

building has been issued a building permit which has not been revoked or cancelled.

SECTION 10. Penalties.

(a) Any person who shall cause, participate or abet the construction of any building or structure in violation of this Ordinance or in any manner violate, disobey, refuse, omit or neglect to comply

with the provisions of this Ordinance or any order issued by the officials tasked to enforce its

provisions shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment

not exceeding six months or a fine not exceeding TWO THOUSAND FIVE HUNDRED PESOS

(P2,500.00) or both at the discretion of the Court;

(b) The service by the Zoning Officer and Municipal Engineer of a written Notice of Violation to the owner, project proponent, architect, engineer, foreman or any person in charge of the construction

of the building or structure shall have the effect of immediately canceling or revoking the Zoning

and Building Permit issued to the project and shall be prima facie evidence that the building or

structure is being or has been constructed in violation of the provisions of this Ordinance.

(c) Upon receipt of the Notice of Violation, the owner, project proponent, architect, engineer, foreman or any person in charge of the construction shall immediately stop or discontinue the works being

undertaken on the building or structure constituting the violation until the Zoning Officer and

Municipal Engineer has issued a written authorization to resume the works. Should the owner,

project proponent, architect, engineer or foreman or any person in charge of the construction of the

building or structure disregard the Notice of Violation and continue to undertake the works, the

offending structure or any part or portion thereof shall be demolished at the expense of the owner

or project proponent.

(d) No telephone, electricity, water and cable television connections shall be allowed to be connected to any building or structure, which has not been issued a Certificate of Occupancy. Violations by

public utility providers of this provision shall subject them or their officers to the criminal liabilities

specified in paragraph (a) hereof. Private individuals who extend or provide these facilities to the

building or structure without a Certificate of Occupancy shall be liable for the same penalties.

(e) Any building, structure or contraption erected in any public place within the Municipality of Malay such as but not limited to streets, thoroughfares, sidewalks, plazas, beaches or in any other public

place are hereby declared as nuisance and illegal structure. Such building, structure or contraption

shall be demolished by the owner thereof or any of his authorized representative within ten (10)

days from receipt of the notice to demolish. Failure or refusal on the part of the owner or any of his

authorized representative to demolish the illegal structure within the period herein above specified

shall automatically authorize the government of the Municipality of Malay to demolish the same,

gather and keep the construction materials of the demolished structure.

SECTION 11. Repealing Clause. This Ordinance revokes, repeals and supersedes any other Ordinance or provisions thereof inconsistent with it.

SECTION 12. Separability Clause. In the event that any section, paragraph, sentence, clause or word of this Ordinance is declared invalid or any reason, the other provisions thereof shall not be

affected thereby.

SECTION 13. Effectivity Clause. This Ordinance shall take effect fifteen (15) days after its posting at the Bulletin Board of the Municipal Building of Malay, Aklan and in the Barangay Halls of

Barangays Manocmanoc, Balabag and Yapak, all in Boracay Island or its publication in a local newspaper

serving the Municipality of Malay whichever comes last.

ENACTED. JUNE 22, 2000.

APPROVED. AUGUST 10, 2000.

f) MUNICIPAL ORDINANCE NO. 170, S. 2002; AN ORDINANCE PRESCRIBING LIMITS ON FENCING AND LANDSCAPING AT BORACAY ISLAND AND PRESCRIBING

PENALTIES FOR VIOLATION THEREOF.

(Sponsor: Hon. Abcedes S. dela Torre)

SECTION 1. Definition of Terms. The following terms or phrases, as used in this Ordinance, shall mean:

No Build Zone pertains to restricted areas twenty-five (25) meters from the mean high water mark moving inward from the beach line where construction of structures of any nature is strictly prohibited.

Main Road pertains to the primary road connecting all the barangays of Boracay and serving as the main thoroughfare in the island where all vehicles of whatever nature are permitted to traverse.

Fences Setback pertains to the prescribed distances as provided by Section 21, Article VI, Municipal Ordinance No. 2000-130 (The Zoning Ordinance) upon which fences may be constructed or built.

Access Road pertains to secondary roads connecting two or more main roads or the main road and the path road basically used by pedestrians or by small and light vehicles.

Path Road pertains to the pedestrian walkway located along the beachfront where vehicles of whatever nature are prohibited to traverse.

SECTION 2. Fences Along the Beachfront. Only fences made of wood or other indigenous

materials or shrubs and hedges shall be allowed along the beachfront areas, the height of which shall not

exceed 1.5 feet from the established grade and in no case within the twenty five (25) meters no build zone

area and must be white color painted. This enclosure must provide enough passageway for pedestrian

from the path road to the beach and vice-versa.

SECTION 3. Fences Along the Main Road. Total concrete fences fronting the main road may

be permitted provided it shall not exceed the height limit of 1.2 meters from the established grade.

Fencing in excess of the prescribed height limit may likewise be permitted provided it shall be an open

fence using materials such as hog mesh wire, grills, concrete balusters and other related materials not

destructive to the aesthetic view of the surroundings.

SECTION 4. Fences. Other Areas. Total concrete fences in areas not fronting the main road

may be permitted provided the height of which shall not exceed 1.8 meters. Fencing in excess of the

prescribed height limit may likewise be permitted provided it shall be an open fencing as provided by the

preceding section.

SECTION 5. Setback. Fences. Construction of fences shall comply with the setback requirements provided by Section 21, Article VI, Municipal Ordinance No. 2000-130, the Municipal

Zoning Ordinance.

SECTION 6. Fencing Permit. Fences provided by Sections 3, 4 and 7 (f) shall require a

fencing permit granted by the Municipal Engineering Office.

SECTION 7. Landscaping. The following landscaping provisions shall be strictly observed:

a) Preservation of trees and other species of plants in the Island is mandatory, except if it is hazardous to life and property.

b) Trimming of trees are allowed but cutting is strictly prohibited.

c) Any geological features and landscape assets of the site such as trees, rock outcrop, natural terrain and general landscape character shall be preserved and enhanced.

d) Identification of landscaping plant materials shall be part of the site development plan submitted to the Zoning Administrator/Official for approval before start of any construction/development

activities.

e) After construction is completed, all exposed areas in the site shall be planted with appropriate groundcover and plant materials, which shall be of non-thorny varieties.

f) Temporary fence for plant protection shall be allowed made of light materials and should not be more than 1.5 meters.

SECTION 8. Penalties. Owners of properties or developments who violate any provision of

this ordinance shall suffer a penalty of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) and,

after due notice, demolition of the violative structure at the owners expense.

SECTION 9. Repealing Clause. Any ordinance inconsistent herewith is hereby repealed or

modified.

SECTION 10. Effectivity. This ordinance shall take effect upon approval and proper

publication.

ENACTED. AUGUST 7, 2002.

APPROVED. AUGUST 28, 2002.


g) MUNICIPAL ORDINANCE NO. 171, S. 2002; AN ORDINANCE AMENDING SECTION 7 (PENALTY CLAUSE) OF MUNICIPAL ORDINANCE NO. 2000-129 REGULATING THE

ISSUANCE OF BUILDING PERMIT AND THE IMPOSITION OF BUILDING AND

OCCUPANCY PERMIT FEES IN THE ISSUANCE OF THE SAME.

SECTION 1. - Amendment. Section 7 of Municipal Ordinance No. 2000-129 shall read as

follows:

A) Building Permit

The owner of the building or structure who causes the construction of the same, without the

required Building Permit shall be fined TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00).

Concerned Municipal Building Official shall issue a work stoppage order for the aforementioned

construction to take effect with twenty four hours (24) from receipt of such notice. Should the

owner or contractor disregard the said notice and continue to undertake the works, a second or third

and last notice, as the case may be, shall be issued and a fine of TWO THOUSAND FIVE

HUNDRED PESOS (P2,500.00) per issuance shall be imposed against the defiant owner. The third

and final notice shall be executed immediately by the Municipal Building Officials under the direct

supervision of the Municipal Chief Executive with the assistance of the Philippine National Police

and other peace officers.

Under this Ordinance, the contractor, foreman and/or the Civil/Supervising Engineer who

undertake the construction of the building or structure shall likewise be fined TWO THOUSAND

FIVE HUNDRED PESOS (P2,500.00) for every notice of work stoppage issued against the defiant

owner.

All fines stated above shall be paid within fifteen (15) days upon receipt of notice, failure to

pay such within the prescribed period shall incur twenty percent (20%) surcharge on the total fine

imposed.

Failure of the owner to secure the required Building Permit after the first notice, a surcharge

of One Hundred Percent (100%) of the Building Permit Fee shall be imposed against the said

owner.

B) Occupancy Permit/Certificate

The owner of the building or structure who occupies or causes others to occupy the same

without the required occupancy permit or certificate shall be fined TWO THOUSAND FIVE

HUNDRED PESOS ( 2,500.00). The concerned owner shall secure the said Occupancy

Permit/Certificate from the appropriate Municipal Building Official within the period indicated in

the Notice of Violation. Failure to secure the same within the prescribed period, a surcharge of One

Hundred Percent (100%) of the Occupancy Permit Fee shall be imposed against the said owner

without prejudice to the other penalties or order issued by the appropriate municipal agencies.

SECTION 2. Effectivity. This Ordinance shall take effect upon approval and publication.


APPROVED. SEPTEMBER 4, 2002.

h) MUNICIPAL ORDINANCE NO. 98-118; AN ORDINANCE REGULATING THE ISSUANCE OF LOCATIONAL OR ZONING CLEARANCE AND THE IMPOSITION OF ZONING FEE

IN THE ISSUANCE OF THE SAME.

Be it ordained by the Sangguniang Bayan of Malay, that:

SECTION 1. Administrative Provision. No person, firm, corporation and contractor is allowed to construct, repair or renovate any kind of building or any structure, temporary or

permanent without securing first Certificate of Zoning Compliance or a Clearance from the Zoning

Officer.

SECTION 2. - All person, firms or corporations applying for Certificate of Zoning Compliance

shall be required of a Sangguniang Bayan Endorsement for all kinds of construction they may be built or

constructed.

SECTION 3. Assessment and Collection of Fees. There shall be an assessed and collected fees and charges for services rendered in connection with the processing and issuance of a Certificate of

Zoning Compliance in accordance with the following rates:

1. ZONING/LOCATIONAL CLEARANCE

A. Residential Structure Single Attached/Detached. The Project Cost of which is:

1) P100,000.00 & below P100.00 plus P10.00 (legal research fee) 2) Over P100,000.00 P100.00 plus 1/10 of 1% of cost in excess of P100,000.00

B. Apartments: 1) Project cost of

P500,000.00 & below P500.00 plus P10.00

2) Project cost over P500,000.00 P500.00 plus 1/10 of 1% of cost in excess of P500,000.00

regardless of the no. of doors.

C. Dormitories: 1) Project cost of P500,000.00

& below P500.00 plus P10.00

2) Project cost over P500,000.00 P500.00 plus 1/10 of 1% of cost in excess of

P500,000.00 regardless

of the no. of rooms.

D. Institutional. The Project Cost of which is: 1) P100,000.00 & below P400.00 plus P10.00

2) Over P100,000.00 P400.00 plus 1/10 of

1% of cost in excess

of P100,000.00

E. Commercial, industrial, Agro-Industrial. The Project Cost of which is: 1) P100,000.00 & below P1,000.00 plus P10.00

2) Over P100,000.00 P1,000.00 plus 1/10 of

1% cost in excess of

P100,000.00

F. Special Uses/Special Project Cost of which is: 1) P100,000.00 & below P1,000.00 plus P10.00

2) Over P100,000.00 P1,000.00 plus 1/10 of 1% of cost in excess

of P100,000.00

G. Alternation/Expansion. Same as original application (Affected areas/cost of expansion only)

SECTION 4. Time of Payment. Fees and charges referred to in this Ordinance shall be paid to the Municipal Treasurer before the issuance of Certificate of Zoning Compliance.

SECTION 5. Accrual of Payment. Zoning Fees shall accrue entirely to this Municipality.

SECTION 6. Penalty. Any person, firms, corporations and contractors who violates any provision of this Ordinance shall be fined of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00)

and order to correct the defect or violation. If after fifteen (15) days, due Notice has been served, the

defect of the structure is not yet corrected, the whole building or structure shall be demolished at the

expense of the owner.

SECTION 7. This Ordinance shall take effect upon approval and proper publication.

APPROVED. DECEMBER 17, 1998.

APPROVED. SP RESOLUTION NO. 99-158

i) MUNICIPAL ORDINANCE NO. 2000-130 (On Separate Sheet)

j) MUNICIPAL ORDINANCE NO. 172, S. 2002; AN ORDINANCE AMENDING SECTION 6 (PENALTY CLAUSE) OF MUNICIPAL ORDINANCE NO. 98-118 REGULATING THE

ISSUANCE OF LOCATIONAL OR ZONING CLEARANCE AND THE IMPOSITION OF

ZONING FEE IN THE ISSUANCE OF THE SAME.

SECTION 1. Amendment. Section 6 of Municipal Ordinance No. 98-118 shall read as follows:

Any person, natural or juridical, who causes the construction of any building or structure without securing the Certificate of Zoning Compliance shall be fined TWO

THOUSAND FIVE HUNDRED PESOS (P2,500.00). Concerned Zoning Administrator/Officer

shall issue a work stoppage order for the afore-mentioned construction to take effect within

twenty four (24) hours upon receipt of such notice. Should the respondent disregard the said

notice and continue to undertake the construction, a second or third and final notice, as the case

may be, shall be issued and a fine of TWO THOUSAND FIVE HUNDRED PESOS ( 2,500.00)

per issuance shall be imposed against the defiant respondent. The third and final notice shall be

executed by the Municipal Zoning Officer under the direct supervision of the Municipal Chief

Executive with the assistance of the Philippine National Police and other peace officers.

Under this Ordinance, the contractor, foreman and/or the Civil/Supervising Engineer of

the Building or structure shall likewise be fined TWO THOUSAND FIVE HUNDRED PESOS

(P2,500.00) for every notice of work stoppage issued against the defiant respondent.

All fines stated herein shall be paid within fifteen (15) days upon receipt of notice,

failure to pay such within the prescribed period shall incur a twenty percent (20%) surcharge on

the total fine imposed.

Failure of the respondent to secure the required Certificate of Zoning Compliance after

the first notice, a surcharge of One Hundred Percent (100%) of the Zoning Fee shall be imposed

against the said defiant respondent.




k) MUNICIPAL ORDINANCE NO. 173, S. 2002; AN ORDINANCE AMENDING SECTION 10, PARAGRAPHS B AND C (PENALTIES) OF MUNICIPAL ORDINANCE NO. 2000-131

ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 96-97 REGULATING THE

CONSTRUCTION OF ALL BUILDINGS AND OTHER STRUCTURES IN THE ISLAND OF

BORACAY.

SECTION 1. Amendment. Section 10, Paragraphs b and c of Municipal Ordinance No. 96-97 shall read as follows:

b) The service by the Zoning Officer and Municipal Engineer of a written Notice of Violation to the owner, project proponent, architect, engineer, foreman or any person in charge of the construction of

the building or structure shall have the effect of immediately canceling or revoking the Zoning and

Building Permits issued to the project and shall be prima facie evidence that the building or structure

is being or has been constructed in violation of the provisions of this Ordinance. A fine of TWO

THOUSAND FIVE HUNDRED PESOS (P2,500.00) shall imposed against the owner, contractor,

foreman and / or the Civil / Supervising Engineer should they continue to undertake works despite

the Notice of Violation. Continued defiance of the Notice may result to suspension of contractors and/or Civil Engineers privilege to practice profession within the jurisdiction of Malay upon recommendation of the Zoning Officer and/or Municipal Engineer as the case may be, to the

Sangguniang Bayan, through a resolution of the latter and with the concurrence of the Municipal

Chief Executive.

SECTION 2. Section 10 paragraph c of Municipal Ordinance No. 96-97 shall read as follows:

c) Upon receipt of Notice of Violation, the owner, project proponent, architect, engineer, foreman or any person in charge of the construction immediately stop or discontinue the works being undertaken

on the building or structure constituting the violation until the Zoning Officer and Municipal

Engineer has issued a written authorization to resume the works. Should the owner, project

proponent, architect, engineer or foreman or any person in charge of construction of the building or

structure disregard the Notice of Violation and continue to undertake the works, the owner or the

project proponent of the offending structure or any part or portion thereof, without prejudice to the

provisions of the preceding paragraphs, shall be asked to demolish the same within fifteen (15) days

from receipt of Notice of Demolition. Should the owner or project proponent fails to demolish the

said violating building/ structure within the given period, the Local Government shall demolish the

same at the expense of the owner or project proponent.





l) MUNICIPAL ORDINANCE NO. 206, S. 2004 AN ORDINANCE REQUIRING ALL APPLICANTS OF BUSINESS, BUILDING/HOUSE OCCUPANCY AND ELECTRICAL

PERMITS/LICENSES TO SECURE FIRE INSPECTION CERTIFICATE FROM THE

MUNICIPAL ENGINEERING OFFICE AND PAYMENT OF CORRESPONDING FEES AS

PRE-REQUISITES FOR THE ISSUANCE THEREOF.

SECTION 1. Rationale. Loss of life and property is a devastating experience to anybody much more if the cause of such loss could have been avoided by proper acts of legislation, monitoring and

related preventive measures. It is in this regard that this Sangguniang Bayan finds it imperative to

promulgate this piece of legislation addressing one of the preventable calamities that may undermine the

social and economic gains achieved by our society, individually or collectively.

SECTION 2. Applicability. The provisions of this ordinance shall apply to all persons, personal or juridical, and all private and public buildings, facilities or structures erected or constructed

before and after its promulgation and effectivity.

SECTION 3. Enforcement of this Ordinance. The Municipal Engineers Office/Office of the Building Official under the direct supervision and control of the Local Chief Executive shall be

responsible for the enforcement of this ordinance.

SECTION 4. Fire Inspection Certificate. It shall be mandatory for all applicants of business, building/house occupancy and electrical permits/license to secure first a fire inspection certificate from

the Municipal Engineerings Office before such permit or license be issued thereto.

SECTION 5. Fire Inspection fee. A fire inspection fee shall be charged to all applicants of all business, building/house occupancy and electrical permits/license in the amount equivalent to Ten Percent

(10%) of the total fees charged by LGU-Malay in the application of such business, building/house

occupancy and electrical permit or license.

SECTION 6. Penalty. Any establishment, person, juridical or natural, found violating any provision of this ordinance shall be meted out an Administrative Fine of not lower than ONE

cancellation, renovation or temporary suspension of Mayors Permit to operate or non-issuance of the same, as the case may be.

SECTION 7. Amendments. All ordinances, rules and regulations, or parts thereof, provisions of which are conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended

and modified accordingly.

SECTION 8. Effectivity. This ordinance shall take effect upon its approval and proper publication.

ENACTED. DECEMBER 17, 2003.

APPROVED. FEBRUARY 4, 2004.

(APPROVED. SP RESOLUTION NO. 04-138.)

m) MUNICIPAL ORDINANCE NO. 228, s. 2005, AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 170, SERIES OF 2002, AN ORDINANCE PRESCRIBING LIMITS ON

FENCING AND LANDSCAPING AT BORACAY ISLAND AND PRESCRIBING PENALTIES

FOR VIOLATION THEREOF.

SECTION 1. Amendment. Section 3. Section 3 of Municipal Ordinance No. 170, series of 2002 is hereby amended to be read as follows:

Section 3. Fences Along the Main Road. Total concrete fences fronting the main road may be permitted provided it shall not exceed the height limit of 1.2 meters from the

established grade. Fencing in excess of the prescribed height limit may likewise be permitted

provided it shall be an open fence using materials such as hog mesh wire, grills, concrete

balusters and other related materials not destructive to the aesthetic view of the surroundings and

in no case total height shall exceed two (2) meters from the established grade. .

SECTION 2. Amendment. Section 4. - Fences. Other Areas. Total concrete fences in areas not fronting the main road may be permitted provided the height of which shall not exceed 1.8 meters.

Fencing in excess of the prescribed height limit may likewise be permitted provided it conforms with the

provisions of the preceding section on open fencing and maximum height limit.

SECTION 3. Effectivity. This ordinance shall take effect upon its approval.

ENACTED. JULY 7, 2005

APPROVED. JULY 14, 2005.

n) MUNICIPAL ORDINANCE NO. 232, S. 2005, AN ORDINANCE AMENDING SECTION 3(b) PARAGRAPH VI OF MUNICIPAL ORDINANCE NO. 97 SERIES OF 1996, AN ORDINANCE

REGULATING THE CONSTRUCTION OF ALL BUILDINGS AND OTHER STRUCTURES IN

BORACAY.

SECTION 1. Rationale. Finding Section 3(b), paragraph VI of Municipal Ordinance No. 97, series of 1996 too restrictive, this amendment is hereby introduced.

SECTION 2. Definition of Terms/Phrases. For purposes of this ordinance, the following terms and/or phrases shall mean:

Mezzanine - refers to a low ceiling structure between two (2) floors, total area of which is forty percent

(40%) or less of the total floor area where such is a part;

Attic - refers to a structure immediately below the roof and above the cornice and entablature the main

support of which is attached to the buildings main roofing trusses.

Cornice - refers to an ornamental molding around the wall of a room close to the ceiling;

Entablature - refers to the uppermost part of a columnar system.

SECTION 3. Amendment. Section 3(b) paragraph VI of Municipal Ordinance No. 97 is hereby

rescinded. Hence mezzanine and attic shall be permitted provided that the following guidelines are

observed:

Only buildings up to the second floors shall be permitted to construct attics.

Mezzanines shall be permitted in any floor provided that the total height of the building is not more than

fourteen (14) meters and in no case more than three (3) stories as provided by an appropriate

municipal ordinance. Provided further that said mezzanine shall be an open and no rooms, for

whatever purpose, are constructed.

SECTION 4. Repealing Clause. All ordinances, rules and regulations, or parts thereof, provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby

repealed, amended, or modified accordingly.

SECTION 5. Effectivity. This ordinance shall take effect upon its approval and proper publication.

ENACTED. OCTOBER 13, 2005.

APPROVED. NOVEMBER 10, 2005.

o) MUNICIPAL ORDINANCE NO. 219Series of 2004, AN ORDINANCE AMENDING PARAGRAPH B, SECTION 7 OF MUNICIPAL ORDINANCE NO. 2000-131, AN ORDINANCE

AMENDING MUNICIPAL ORDINANCE NO. 96-97 REGULATING THE CONSTRUCTION

OF ALL BUILDINGS AND OTHER STRUCTURES IN THE ISLAND OF BORACAY.

SECTION 1. Rationale. Perusal of Paragraph b, Section 7 of Municipal Ordinance No. 2000-

131 reveals that the use of or makes the elements of such provision alternative in character. It is imperative to put these elements in conjunction with each other to bring about the required and desired

safety measures in structural designs of buildings within the municipal jurisdiction of Malay hence this

amendment.

SECTION 2. Amendment. Paragraph b, Section 7 of Municipal Ordinance No. 2000-131 is hereby amended to be read as follows:

b) Observe a setback of ten (10) meters from the edge of the cliff AND shall have a maximum

height of no more than 10.5 meters.

SECTION 3. Date of Effectivity. This ordinance shall take effect upon its approval.

ENACTED. NOVEMBER 24, 2004.

APPROVED. DECEMBER 15, 2004.

APPROVED. SP RESOLUTION NO. 05-064.

zoning and construction ordinances

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