Introduced by Councilor Amos B. Rivera
Whereas, under Section 458 (a)(5) of Republic Act 7160, otherwise known as the “Local Government Code of 1991,”the Sangguniang Panlungsod is empowered to enact ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 therein, and in addition to said services and facilities, shall:
(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;
(vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon, and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places;
Whereas, just like any other highly urbanized city, Angeles City is now experiencing heavy vehicular traffic problem due to the continuous influx of people in the city, who are attracted by its fast growing economic and social activities;
Whereas, there is a need to prepare and submit a Traffic Impact Plan in every construction or development of residential or commercial buildings, other related structures, and including subdivisions. Through such Traffic Impact Plan it could be determined whether the said proposed project will generate and/or cause additional traffic in its immediate vicinity and adjacent areas. The Traffic Impact Plan shall also be the basis whether there will be a need for the re-routing of traffic flows, construction and improvement of additional road(s), provision of additional parking space(s), and such other similar and relevant matters.
Section 1. Title. This Ordinance shall be known as the "Traffic impact plan ordinance of 2016.”
Section 2. Declaration of Policy. Every local government unit shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, improve public morals, enhance economic prosperity and social justice, promote full employment among its residents, maintain peace and order, and preserve the comfort and convenience of its inhabitants.
Section 3. DEFINITION. A Traffic Impact Plan is a study by which the consequences on the transportation system and traffic flow in an area, as a result of certain developments, are ascertained and analyzed so as to determine the necessary measures in alleviating whatever ill effects that may arise there from.
Section 4. purpose. The main purpose of a Traffic Impact Plan is to determine the traffic generated by a development project and how the generated traffic affects the existing conditions and level of service of the transportation system in the area. Similarly, for a more detailed Traffic Impact Plan, the environmental effects of the traffic generated are analyzed as well. Finally, the mitigating schemes or measures are proposed to alleviate the traffic impacts and thereby improve the level of service of the transportation system.
Section 5. Nature. A Traffic Impact Plan shall be submitted to the Sangguniang Panlungsod for its review and approval, as a pre requisite for the issuance of the following:.
section 6. necessity. The owner or developer of a building or a mixed use development that has a total floor area of at least 5,000 square meters shall be required to submit, as part of the application for a building permit, a Traffic Impact Plan that indicates the estimated volume and flow of vehicular traffic into and out (ingress and egress) of the building or mixed use development, the impact of such vehicular traffic to the immediate vicinity, corresponding traffic management procedures and devices.
section 7. contents. A Traffic Impact Plan shall contain the following, to wit:
SECTION 8. COVERAGE. It shall be a pre-condition to every developer/owner of industrial, commercial, residential, recreational and other similar establishments to submit Traffic Impact t Plan (TIP) to the Sangguniang Panlungsod for its review and approval. The Sangguniang Panlungsod shall review the Traffic Impact Plan within the period of 30 days from its receipt and failure to do so within the said period will be deemed approved and no objections by the Sangguniang Panlungsod. Following the review and approval of the Traffic Impact Plan by the Sangguniang Panlungsod, the same shall be forwarded to the Office of the City Mayor for final approval. In the event that the Sangguniang Panlungsod finds the Traffic Plan unacceptable, it shall return the same to the developer/owner of industrial, commercial, residential, recreational and other similar establishments with its comments, stating the reason for disapproval of the Traffic Impact Plan, so as to give the owner/developer the opportunity to revise the plan and resubmit to the City Council.
The Traffic Impact Plan will cover many aspects of different projects that will affect the transportation network of Angeles City, mainly the project surroundings. The scope of work for the conduct of Traffic Impact Plan includes but is not limited to the following, to wit:
Section 9. EXEMPTION. The following types of development proposals may be exempted from Traffic Impact Plan requirements prior approval from the Sangguniang Panlungsod, to wit:
SECTION 10. accreditation. Every developer, builder, contractor, and the like, should secure the services of a duly accredited traffic consultant to prepare the Traffic Impact Plan and the qualifications of the same must be incorporated in the Traffic Impact Plan. The individual to do the study must possess knowledge on the matter such as but not limited to accreditation by the University of the Philippines National Center for Traffic Studies (UPNCTS) and those who maintain a traffic consultant shall cause the same to be accredited by the Sangguniang Panlungsod.
SECTION 11. IMPLEMENTING OFFICE. The Sangguniang Panlungsod through the Sangguniang Secretariat, in coordination with the Office of the Mayor shall be the implementing office.
SECTION 12. Penal Provision. Any person(s) and/or entity(s) who violates the provisions of this ordinance shall be punished by a fine of Five Thousand Pesos (P5,000.00) or an imprisonment of not more than six (6) months or both, such fine and imprisonment at the discretion of the court.
Section 13. Repealing Clause. All ordinances, resolutions, issuances, rules and regulations or parts thereof inconsistent with the provisions of this ordinance are hereby repealed.
Section 14. Separability Clause. If any provision of this ordinance is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.
Section 15. Effectivity Clause. This ordinance shall take effect fifteen (15) days after its publication in a newspaper of local circulation.