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Manila Times (11 May 2015)
[ QUEZON CITY ORDINANCE NO. SP-2399, S-2015, February 23, 2015 ]
19th City Council
52nd Regular Session
AN ORDINANCE PROVIDING INCENTIVES FOR THE PLANTING AND MAINTANCE OF VEGETATION ON BUILDING WALLS AND ROOFTORS, THEREBY REPEALING CITY ORDINANCE NO. SP-1940, S-2009.
Introduced by Councilors JULIENNE ALYSON RAE V. MEDALLA and FRANZ S. PUMAREN.
Co-Introduced by Councilors Anthony Peter D. Crisologo, Ricardo T. Belmonte, Jr., Dorothy A. Delarmente, Lena Marie P. Juico, Alexis R. Herrera, Precious Hipolito Castelo, Voltaire Godofredo L. Liban III, Roderick M. Peculate, Ranulfo Z. Ludovica, Ramon P. Medalla, Estrella C. Valmocina, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Eufemio C. Lagumbay, Jaime F. Borres, Jesus Manuel C. Suntay, Marvin C. Rillo, Raquel S. Malañgen, Jessica Castelo Daza, Bayani V. Hipol, Jose A. Visaya, Godofredo T. Liban H, Allan Butch T. Francisco, Karl Edgar C. Castelo, Candy A. Medina, Diorella Maria G. Sotto, Marivic Co-Pilar, Rogelio "Roger" P. Juan, Melendo "Bobby" T. Castelo, Jr., Donato C. Matias and Ricardo B. Corpuz.
WHEREAS, it is the policy of the City to promote the preservation, protection, and revival of the ecosystem through the prevention, control, and abatement of pollution along with the development of the City;
WHEREAS, it is likewise the duty of the City Government to prevent and fight global warming so as to protect the populace against its detrimental effects;
WHEREAS, space such as the facades and rooftops of buildings can also be used to further the advocacy of "greening" the City;
WHEREAS, there are various green wall methods that could be adopted to suit one's needs, from cable and wire-net systems to modular "living wall";
WHEREAS, creating a roof garden is also simple and very beneficial for the whole urban landscape
WHEREAS, installing green wellsalong with green rooftops is a key environment-friendly buildings; reduced urban heat and noise, improved exterior air quality, improved energy efficiency increased aesthetic variation, among others.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL QUEZON CITY IN REGULAR SESSION ASSEMBLED:
SECTION 1. DEFINITION OF TERMS- For the purpose of this ordinance, the following terms are defined:
| a) | Green Roof" - refers to buildings that have rooftops that are dedicated to plants and trees. | |
| b) | Intensive Soil Layer - refers to a roof with about 12 inches height of soil suitable for planting and maintaining a wide variety of plants and trees | |
| c) | Extensive Soil Layer - refers to a roof with about 3 inches height of soil suitable for planting and maintaining a wide variety of plants and trees. | |
| d) | Plants and Trees - refer to live flowering and non-flowering plants, as well as the fruits and non-fruit bearing plants. | |
| e) | Building - refers to residential, commercial, or industrial establishment. | |
| f) | Wall Area - the area of the wall measured on the exterior and other similar constructions -- from the top of the bottom of the roof. | |
| g) | Green Wall - also known as a 'vertical garden,' shall refer to all forms of vegetated wall surfaces, such as green facades (green wall system where climbing plants or cascading groundcovers are trained to cover specialty designed supporting structures, such as a modular trellis panel and cable and wire-rope net system) and living walls (a system composed of pre-vegetated panels, vertical modules, or planted blankets that are fixed vertically to a structural wall or frame.)" |
SECTION 2. Incentives for Green Roofs Or Green Walls For Buildings - All buildings that devote their roof area for plants and trees, either with an extensive or intensive soil layer, or devote their wall area for green walls shall be entitled to a discount on their real property tax based on the following scheme:
| * | 25% of the roof or wall area shall be equivalent to 5% discount: | |
| * | 50% of the roof or wall area shall be equivalent to 10% discount; | |
| * | 75% of the roof or wall area shall be equivalent to 15% discount, | |
| * | 100% of the roof or wall area shall be equivalent to 20% discount. |
This exemption shall be available for five (5) years starting from the initial assessment.
SECTION 3. Maintenance - The owners of the building shall make sure that the vegetation is maintained and watered and watered regularly.
SECTION 4. Certification and Pictures as Prootsof of Maintenance - The grantee of the discount and/or the real property tax exemption in this ordinance must submit the following as proof to the City Assessor's Department:
| * | For green roofs - four (4) pieces 5R pictures/photographs of the area devoted to plants and trees. One shot from the north angle, one shot from the east angle, one shot from the west angle, and one shot from the south angle. | |
| * | For green walls - three (3) pieces 5R pictures/photograph at the area devoted to the green wall. One shot from the left side, one shot from the front side, and one shot from the right side. | |
| * | For both - a certification from the Barangay Council concerned of the construction and proper maintenance of the green roof or wall |
In all the angles and sides, the latest broadsheet newspaper (the date must be seen) must be place on the plants or well to indicate that the said picture/photograph is the latest. The 5R picture/photograph, along with the certification from the barangay, must be submitted during the payment of the annual tax on real properties."
SECTION 5. PROHIBITIONS
| a) | No plants or trees growing taller than six (6) feet shall be planted on the rooftops. | |
| b) | No plants must be allowed to cover or obstruct doors, fire exits, windows, and other openings of the building and neither should it cause nuisance to neighboring residents/communities. | |
| c) | Planting of illegal plants, in addition to other penalties from national laws, shall cause the revocation of the building and occupancy permit. |
SECTION 6. IMPLEMENTING AGENCIES - The City Assessor's Department, the Environmental Protection and Waste Management Department, the City Planning and Development Office, the Engineering Department, and the City Treasurer's Office are mandated to craft the implementing Rules and Regulations of this ordinance within sixty (60) days after its enactment.
SECTION 7. SEPARABILITY CLAUSE - If any part or section of this ordinance is declared unconstitutional for any reason whatsoever, such declaration shall not m any way affect the other parts or sections of this ordinance.
SECTION 8. REPEALING CLAUSE - Ordinance No SP-1940, S-2009 is hereby repealed. Provided, that those who have already availed of the discount from the said ordinance shall be retained until the end of their 10-year period.
All other ordinances, resolutions, executive orders, rules, regulations, and other administrative issuances, or the provision thereof. which are contrary to, or inconsistent herewith, are hereby repealed or modified accordingly.
SECTION 9. EFFECTIVTTY - This ordinance shall take effect after fifteen (15) days following its publication in any newspaper of general circulation.
ENACTED: February 23, 2015.
(Sgd.) MA. JOSEFINA G. BELMOTE
Vice-Mayor
Presiding Officer
Vice-Mayor
Presiding Officer
ATTESTED:
(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
City Gov't Asst. Dept. Head III
APPROVED : 20 APR 2015.
(Sgd.) HERBERT M. BAUTISTA
Mayor
City Mayor
Mayor
City Mayor
This is to certify that this Ordinance was Reverted Back by the City Council on Second Reading on February 23, 2015 and was APPROVED on Second Reading on the same date was PASSED on Third/Final Reading on March 2, 2015.
(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
City Gov't Asst. Dept. Head III
City Gov't Asst. Dept. Head III