Veto of “Anti-Backfilling” ordinance backed

By October 15, 2018Headlines, News

THE veto of the “Anti-Backfilling Ordinance” passed by the Dagupan City Sangguniang Panlungsod received support and affirmation by various sectors including experts from the academe, professional groups and  the government sector.

The ordinance was recently vetoed by Mayor Belen T. Fernandez.

The expression of support was aired during the open forum of the scientific meeting held at Star Plaza Hotel on October 3, called by Mayor Belen Fernandez to discuss recommendations for long-term flood and disaster mitigation measures in the city.

Ordinance No. 2147-2018, authored by Councilor Nicanor Aquino, chairman on the committee on Land Use, seeks to regulate backfilling of lots as a result of reclassification under the zoning ordinance of the city and providing penalties for violation thereof.

The  ordinance cited the regulation of backfilling of lots as imperative because backfilling is one of the causes of flash floods during high tide and torrential rains.

Architect Emmanuel Joe Langit, Technical Consultant from the City Planning and Development Office (CPDO) provided a perspective of how the reclassified lots would look like if the terms of the ordinance are implemented, particularly requirements.

According to Langit, his study shows that the required one meter perimeter for waterway in addition to the setback required by the building code will significantly decrease the remaining size of the buildable area.

Engr. John Zamora, of the Local Zoning Board of Appeals (LZBA) of Dagupan and Dean of the College of Engineering in the University of Pangasinan (UPang), reiterated the importance of elevating all areas, particularly roads which provide access to economic activities and critical disaster preparations otherwise some areas will be flooded.

District Engineer Edita Manuel of the Department of Public Works and Highways cited the topographical history of the city when it was just a marshland situated between bodies of water and backfilling was the only alternative to economic development.

City Eng. Virginia Rosario, also the city engineer, maintained that the ordinance is in conflict with the National Building Code of the Philippines.

Architect Editha De Vera of the United Architects of the Philippines (UAP) – Dagupan Pangasinan Chapter said the lack of details, specifications or studies stated in the resolution provides no technical explanation for its implementation.. “It is going to be a disaster,” she said.

Meanwhile, City Administrator Atty. Farah Marie Decano questioned legal aspects of the ordinance, including its sweeping scope and coverage.

“It begs the question, what about those who have been reclassified before? Are they also mandated to have a setback? Ordinances are usually given prospective application, so this would give the new applicants a more prejudiced situation,” added Atty. Decano.

She said the ordinance is contrary to the national government’s policy of streamlining government processes.

City Health Officer Ophelia T. Rivera said the requirement for lot owners to have waterways around the perimeter would present health hazard since the waterways will eventually become breeding places for mosquitoes.

In response, Mayor Fernandez urged the SP members to consider the concerns aired during the forum as she underscored that the vetoed ordinance being anti-progress, discourages   investors to operate in the city. (CIO/VSV)

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