Land Reclassification Ordinance of the Municipality of Pura

March 9, 2017 Excerpt from the Minutes of the Regular Session of the Sangguniang Bayan of Pura, Tarlac Held at the SB Session Hall on Thursday, March 9, 2017. PURA MUNICIPAL ORDINANCE NO. 003-17 AN ORDINANCE PRESCRIBING THE GUIDELINES FOR RECLASSIFICATION OF LANDS WITHIN THE MUNICIPALITY AND IMPOSING FEES FOR THE APPLICATION THEREOF WHEREAS, RA 7160, otherwise known as the Local Government Code of 1991 (LGC), provides that cities and municipalities may reclassify agricultural lands into nonagricultural uses within their respective jurisdictions, subject to the limitations and other conditions prescribed under Section 20 of the LGC; WHEREAS, the Implementing Rules and Regulations (IRR) of the LGC provides that cities and municipalities shall continue to prepare their respective comprehensive land use plans, enacted through zoning ordinances, subject to applicable laws and rules and regulations; WHEREAS, On June 1993, President Fidel V. Ramos issued Memorandum Circular No. 54 which prescribes guidelines governing Section 20 of R.A. 7160 and authorizing cities and municipalities to reclassify agricultural lands into non-agricultural lands; WHEREAS, the aforementioned Memorandum Circular only covers applications for reclassification from agricultural lands to non-agricultural lands; WHEREAS, there is also a necessity to formulate guidelines for the reclassification of other lands not classified as agricultural land; NOW THEREFORE, be it ordained by the Sangguniang Bayan of Pura, Tarlac as follows: ARTICLE I Title of Ordinance SECTION 1. Title. This ordinance shall be known as the "Land Reclassification Ordinance of the Municipality of Pura". SECTION 2. Scope . This ordinance covers all applications for reclassification of lands within the Municipality of Pura subject to the limitations prescribed in this ordinance and other related laws of the republic. ARTICLE II Reclassification Agricultural Lands SECTION 3. Reclassification of Agricultural Lands . (a) Agricultural lands may be reclassified in the following cases: (1) When the land ceases to be economically feasible and sound for the agricultural purposes as determined by the Department of Agriculture (DA),in accordance with standards and guidelines prescribed for the purpose; or (2) Where the land shall have substantially greater economic value for the residential, commercial, or industrial purposes as determined by the sanggunian. The Sangguniang Bayan shall notify the HLURB, DTI, DOT and other concerned agencies on the proposed reclassification of agricultural land furnishing them copies of the proposed ordinance together with the report of the Local Development Council for their comments, proposals and recommendations; (b) However, reclassification of agricultural lands shall be limited to a maximum of five percent (5%) of the total agricultural land of the municipality at the time of the application; (c) In addition, the following types of agricultural lands shall not be covered by the said reclassification: (1) Agricultural lands distributed to agrarian reform beneficiaries subject to Section 65 of R.A. 6657; n (2) Agricultural lands already issued a notice of coverage or voluntarily offered for coverage under CARP; (3) Agricultural lands identified under AO 20, s. of 1992, as non-negotiable for conversion as follows: (i) All irrigated lands where water is available to support rice and other crop production; (ii) All irrigated lands where water is not available for rice and other crop production but within areas programmed for irrigation facility rehabilitation by DA and National Irrigation Administration (NIA);and (iii) All irrigable lands already covered by irrigation projects with form funding commitments at the time of the application for land conversion or reclassification. SECTION 4. Requirements for Reclassification . Prior to the enactment of an ordinance reclassifying agricultural lands, the applicant must first secure the following documents: (1) Letter of Application in the name of the owner of the land addressed to the Sangguniang Bayan; (2) Special Power of Attorney, in case the applicant is other than the owner of the land; (3) Certified true copy of the Original/Transfer Certificate of Title and other documents establishing ownership; (4) Certificate of updated Real Property Tax Payments; (5) Locational Plan or Vicinity Map as certified by the Municipal Assessor; (6) Subdivision plan, in case only a portion of a title is sought to be reclassified; (7) Detailed feasibility study of the proposed project or intended use of the land; (8) Sworn Certificate of Commitment from the owner and developer that the proposed project would be implemented within three (3) years from the passage of the ordinance; (9) Barangay Resolution endorsing the proposed project; (10) Certification from the National Irrigation Administration (NIA) that the land is not irrigated or irrigable as described under Section 3 (c)(3) of Article II hereof; (11) Certification from the Department of Agriculture indicating the reclassification is in consonance with Section 3 (a)(b) of Article II hereof and that land is not necessary for the food sufficiency program of the region; (12) A certification from DAR indicating that such lands are not distributed or not covered by a notice of coverage or not voluntarily offered for coverage under CARP; (13) Certification from the Department of Environment and Natural Resources that the land is not environmentally critical, and that the proposed project or intended use is ecologically safe and sound. Non-Agricultural Lands SECTION 5. Reclassification of Non-agricultural Lands . Non-agricultural lands may be reclassified when it ceases to be compatible with its use or there is a change in its use other that what it was intended for. SECTION 6. Requirements for Reclassification . Prior to the enactment of an ordinance reclassifying non-agricultural lands, the applicant must first secure the following documents: (1) Letter of Application in the name of the owner of the land addressed to the Sangguniang Bayan; (2) Special Power of Attorney, in case the applicant is other than the owner of the land; (3) Certified true copy of the Original/Transfer Certificate of Title and other documents establishing ownership; (4) Certificate of updated Real Property Tax Payments; (5) Locational Plan or Vicinity Map as certified by the Municipal Assessor; (6) Subdivision plan, in case only a portion of a title is sought to be reclassified; (7) Detailed feasibility study of the proposed project or intended use of the land; (8) Sworn Certificate of Commitment from the owner and developer that the proposed project would be implemented within three (3) years from the passage of the ordinance; (9) Barangay Resolution endorsing the proposed project; (10) Certification from the Department of Environment and Natural Resources that the land is not environmentally critical, and that the proposed project or intended use is ecologically safe and sound. ARTICLE III Procedure SECTION 7. Application . All applications shall be addressed and submitted before the Office to the Sangguniang Bayan for the mandatory three (3) readings. SECTION 8. Referral to the Committee . Upon receipt of the application, the Secretary of the Sanggunian shall calendar the same on the next regular session for its referral to the Committee on Housing and Land Use Management (Committee). SECTION 9. Public Hearing . Pursuant to existing laws, the committee may conduct public hearing to determine public acceptance of the proposed reclassification and for clarificatory questions and/or inquiries. SECTION 10. Recommendation from the Local Development Council (LDC) . After the conduct of a public hearing, and there is no reasonable objection from the public, or if the committee finds the application to be proper in form and in substance, the committee shall forward the application to the Local Development Council (LDC) for the preliminary determination on whether the proposed reclassification is in consonance with the development plan; and to check compliance of the requirements set forth by law and by this ordinance. If it was found to be feasible and after satisfactory compliance with the requirements, the LDC shall favorably recommend to the Sanggunian the reclassification of the land. SECTION 11. Passage of an Ordinance . Upon receipt of the favorable recommendation from the LDC, the committee shall draft an ordinance for the reclassification of the land. Such ordinance shall undergo mandatory three (3) readings pursuant to R.A. 7160. ARTICLE IV Fees SECTION 12. Imposition of Fees . (a) The following fees shall be imposed for the reclassification of agricultural and non-agricultural lands: For applications involving lands consisting an area of less than One Hundred (100) square meters P5,000.00 For applications involving lands consisting an area One Hundred (100) square meters, or more, but not more than One Thousand (1,000) square meters P10,000.00 For applications involving lands consisting an area of One Thousand (1,000) square meters or more P10.00 per square meter (b) For cases falling under Article X, Section 36 (Deviation) of Municipal Ordinance No. 121, Series of 2014, otherwise known as the Comprehensive Zoning Ordinance of the Municipality of Pura: subsection (a) of this section shall likewise apply. SECTION 13. Surcharge . In case an owner of a lot introduced improvements in the land before applying for a reclassification, or before the passage of the ordinance or without prior written consent from the sanggunian, an additional Two Pesos (P2.00) per square meter shall be collected apart from the fees indicated in the next preceding provision. This is without prejudice to the institution of legal action under Article V hereof. ARTICLE V Penal Provision SECTION 14. Penalty Clause . It shall be unlawful under this ordinance to introduce improvements of any kind that makes the land incompatible with its intended use pursuant to its classification without the necessary ordinance from the Sangguniang Bayan. Violation of any of the provisions herein set forth shall be penalized with a fine in the amount of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months or both at the discretion of the court. The President in case of corporation, the owner if sole proprietor, will be held liable in so far as impositions of penalties is concerned. ARTICLE VI Miscellaneous Provisions SECTION 15. Two (2) Year Prohibition . A land may only be reclassified once for a period of two (2) years starting from the passage of an ordinance reclassifying the same. SECTION 16. Reversion . A land reclassified under this ordinance shall be used solely for the purpose intended as stated in the ordinance reclassifying the land. Violation of this provision shall be a ground for its reversion to the original classification. Non-conversion of the use as stated in the reclassification ordinance within three (3) years from its passage shall be a ground for automatic reversion of the land. SECTION 17. Declaration of Intent to Conform with Law . This Ordinance is subject to national laws, rules and regulations governing its subject matter. SECTION 18. Repealing Clause . All ordinances, rules and regulations, or part thereof, in conflict with, or inconsistent with any provisions of this Ordinance are hereby repealed or modified accordingly. SECTION 19. Separability Clause . If, for any reason, any section or provision of this ordinance or any part thereof, or the application of such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration. SECTION 20. Effectivity . This Ordinance shall take effect upon approval. UNANIMOUSLY ADOPTED. CERTIFIED CORRECT: (SGD.) JOVITO P. PUNZALAN SB Secretary ATTESTED: (SGD.) HON. MANUEL N. MADDELA JR. Municipal Vice Mayor & Presiding Officer APPROVED: (SGD.) HON. CONCEPCION A. ZARATE Municipal Mayor n Note from the Publisher: Written as "R.A. 6557" in the original document.