Board of Commissioners AND REGULATIONS GOVERNING …

1 Board of CommissionersRESOLUTION NO, R-674 Series of 2000 APPROVING THE AMENDMENTS TO THE IMPLEMENTING RULESAND REGULATIONS GOVERNING THE PROCESSING OF APPLICATIONSFOR LOCATIONAL CLEARANCE OF poultry AND PIGGERYRESOLVED AS IT IS HEREBY RESOLVED, that the Implementing Rulesand REGULATIONS to Govern the Processing of Applications for Locational Clearanceof poultry and Piggery as Amended, hereto attached as Annex A. BE APPROVEDas the same is hereby , 17 August 2000, Makati RULES AND REGULATIONS TO GOVERNTHE PROCESSING OF APPLICATIONS FOR LOCATIONALCLEARANCE OF poultry AND PIGGERY AS AMENDEDP ursuant to the policies and objectives embodied in Executive Order , the new charter of the Housing and Land Use Regulatory Boardspecifically Article IV, Section 5 to wit:"a) promulgate zoning and other land use control standards andguidelines which shall govern land use plans and zoningordinances of local government;c) issue rules and REGULATIONS to enforce the land use policieson human settlements;d) ensure compliance with policies, plans standards andguidelines on human settlements promulgated in paragraph(a) of this section.

2 "and EO 72 on devolved functions the following rules and REGULATIONS forpoultry and piggery locational clearance are hereby issuance of locational clearance by the HLURB or city/municipalityconcerned shall cover the location or siting of all poultry and piggeryprojects as defined hereof, and prescribe minimum standards fordevelopment, public health and welfare and environmental rules and REGULATIONS shall apply to all applications for locationalclearance of new development and or expansion of existing poultry andpiggery with the Board or the city/municipality IDEFINITION OF TERMSS ection 1. For purposes of these Rules, the following definitions andclassifications are adopted:1. Board - shall mean the Housing and Land Use Regulatory Brooding - shall mean the process of keeping the young pigswarm without necessarily separating them from the dam or forchicks.

3 It is the process of supplying heat from the time they aretaken down from the incubator up to the time they can self-controltheir heat requirement through thermo-regulating Conforming Use - a use which is in accordance with the zoneclassification as provided for in the zoning Non-conforming Use - existing non-conforminguses/establishments in an area allowed to operate inspite of thenon-conformity to the provisions of the ordinance subject to theconditions stipulated in the zoning Fattening - shall refer to the processes whereby the hogs arefattened up to 200 pounds primarily for Fowl - shall refer to a bird kept for eggs or Heads - include weanings, growers and fatteners; or for poultry , itrefers to the number of Piggery Farm - shall refer to any parcel of land devoted to theraising or breeding, depasturing, feeding or watering of pigs/swine,generally under the management of a tenant or Piggery (backyard) - involving one sow and 10 heads or less andallowed in rural areas poultry Farm - shall refer to any parcel of land devoted to theraising of domesticated fowls which serve as sources of eggs andmeat for human consumption as well as breeding of includes any species of fowl such as chickens, ducks, geese,quails, pigeons, turkey, ostrich, guinea fowl and poultry (backyard)

4 - involving a maximum of 500 fowls andallowed in rural areas Rules - shall mean the Rules and REGULATIONS GOVERNING poultryand piggery locational Rural Area - area outside the designated urban Sow - shall refer to a female Urban Area(s) - include all barangay(s) or portion(s) of whichcomprising the poblacion, central business district (CBD) and otherbuilt up areas including the urbanizable land in and adjacent tosaid areas and where at least more than 50%)of the populationare engaged in non-agricultural activities. CBD shall refer to theareas designated principally for trade, services and 2. Scope of Application. These rules shall apply to a newdevelopment or expansion of existing small, medium and large scalepoultry/piggery project as follows:1. Small scale poultry with 501 to 5000 Medium scale piggery with 2 sows and 11 to 20 heads andmedium scale poultry with over 5000 heads to less than 10, Large scale piggery with more than 2 sows and more than 20heads and large scale poultry with 10,000 heads and small, medium and large scale poultry and medium and largescale piggery projects that are non-conforming use shall not be allowedto expand and may continue their operations provided:a.

5 That they shall be obliged to use chemical control of flies, itslarvae to minimize source of That no such non-conforming use shall be enlarged or expandedto occupy a greater area of land than that already occupied bysuch use or moved in whole or in part, to any other portion of thelot or parcel or land where such non-conforming use exists,c. That no such non-conforming use which has ceased operation formore than 1 year be again revived as non-conforming That an idle/vacant structure may not be used for That any non-conforming structure, or structures under oneownership which has been damaged maybe reconstructed andused as before provided that such reconstruction is not more than50% of its replacement cost at the time of destruction, it shall notbe reconstructed except in conformity with the provisions of That no such non-conforming use maybe moved to displace anynon-conforming That no such non-conforming structure maybe enlarged or alteredin a way which increases its non-conformity.

6 But any structure orportion thereof may be altered to decrease its That should such structure be moved for any reason to whateverdistance, it shall thereafter conform to the regulation of the districtin which it is moved or addition, the owner of a non-conforming use shall program thephase out and relocation of the non-conforming use within medium and large scale poultry /piggery projects shall not beallowed in urban backyard poultry /piggery projects shall be obliged to usechemical control of flies, its larvae to minimize source of backyard poultry and piggery projects must secure alocational clearance and shall not be allowed in urban 30% of the lot area in rural areas shall be allowed for backyardpoultry and IIAPPLICATION FOR LOCATIONAL CLEARANCES ection 3. Application for Locational Clearance (LC).

7 Everyregistered owner of parcel of land who wishes to establish a poultry orpiggery project shall apply with the Board or the city/municipalityconcerned pursuant to Executive Order No. 72 on the approval oflocational clearance for poultry and piggery project by accomplishingand filing in duplicate the following:A, Requirements for LC/Other Permits1. Vicinity MapDrawn to the scale of 1:10,000 showing the exact location ofproposed site and all existing adjacent landuses/establishments within 500 meter radius from theproposed site and access road leading to it signed by a dulylicensed geodetic Site Development PlanDrawn to the scale of 1:200 indicating lot propertyboundaries, circulation road network, buildable area/buildingsite, parking and future expansion, if any, signed and sealedby a duly licensed environmental Certified true copy of TCT contract of sale or Environmental Compliance Certificate (ECC) or Certificate ofNon-Coverage (CNC) from Environmental ManagementBureau (EMB)-Regional Office(s) as required under PD 1586"Philippine Environmental Impact Statement (EIS) System"and its implementing rules and Conversion Order (CO) or Exemption Clearance (EC) fromDAR if agricultural Site clearance from the local health officer or municipal/cityveterinarian concerned on the suitability of the locationpursuant to Chapter IX of PD 856's IRR on Nuisance andOffensive Trade and A locational clearance (LC)

8 Shall be issued by the HLURB orthe city/municipality concerned only upon issuance of anEnvironmental Compliance Certificate (ECC) or Certificate ofNon-Coverage (CNC) by the DENR-EMB Regional locational clearance shall be issued by the following:a. For devolved LGUs - duly designated zoning officerb. For LGUs that have not assumed the devolved functions -duly deputized zoning administrator or the HLURB regionalofficer for areas which have no zoning certificate shall be issued by the HLURB orcity/municipality concerned prior to issuance of an ECC or CNC bythe DENR-EMB Regional Office Site InspectionAn inspection of the proposed project site shall be conducted withthe following factors to be considered:1. Conformity with the comprehensive land use plan/zoningordinance of the Suitability of the land to the proposed activity, ( not low-lying with buffers, etc.)

9 3. Suitability of site climate/weather to the proposed activity( its ability to contain or dispose pollutants to harmlessproportions).4. Accessibility5. Presence of/or ability to provide utilities (power, watersupply, etc.)RULE IIIDESIGN standards AND REQUIREMENTSS ection 4. Design standards and RequirementsA. General Guidelines (For Small, Medium and Large Scale)1. Site CriteriaPiggery and poultry farm shall be situated preferably in arolling terrain to have good drainage. Flood prone areas,and other environmentally critical areas like watershed,source of water supply, etc. as defined by the EnvironmentalManagement Bureau (EMB) shall be and poultry farm shall not be built on soils with highmoisture level. The soil must be well drained and shall be a buffer zone of at least 5 meters in widtharound the boundaries of the lot and shall be planted withtrees or Piggery and poultry farms shall be located outsideurban A piggery and poultry farm shall be located 25 metersradius from sources of ground and surface Medium and large scale piggery and poultry farmsshall be at least 1,000 meters away from built-up areas(residential, commercial, institutional and industrial)while small scale poultry farms shall be at least 500meters away from built-up The piggery shall be 500 meters away from majorroads and/or highways.

10 For poultry farms, it shall be200 meters away from major roads and/or roads and/or highways refer to any city,provincial and national roads that linkregional/provincial and town centers and serving as themain transportation The site of medium scale and large scale piggery andpoultry farms shall be at least 1 km. from one anotherto minimize spread of pests and diseases and reduceconcentration of air pollutants in a given area. Whilethe distance between small scale poultry farms is ZoningPiggery and poultry farms shall be located in agriculturalzone and outside urban LayoutAs recommended by the Bureau of Animal Industry1. PiggeryThere shall be a dry lot area of - persow; per head of pig under 100 Ib.; - per head of fattening hogs, 100 -200 Ib.