Municipality of Carmen
Municipality of Carmen
Municipality of Carmen
Article I
Concepts And DEFINITIONS
ARTICLE II
ADMINISTRATION
ARTICLE III
REQUIREMENTS FOR THE DEVELOPMENT OF ALL TYPES OF
ESTABLISHMENT
STEPS:
Step 1: Preparation and submission of Development Plan with ECC/CNC and other
documentary requirements to the LGU
Responsibility : Developer
Step 2: Review and Evaluation of Plan vis-a-vis the Tourism Development Guidelines for
Carmen, Agusan del Norte
Responsibility : REDCOM
If Passed - Proceed to Step 3
If Failed - Back to Step 1
Step 3: Endorsement to LGU for issuance of building permit
Responsibility : REDCOM
Step 4: Issuance if Building Permit
Responsibility : LGU
Step 5: Project Implementation including mitigating measures of ECC
Responsibility : Developer
Step 6: Project Monitoring
Responsibility : LGU and REDCOM
Step7: Issuance of Occupancy Permit
Responsibility : LGU
Step 8: Issuance of Business Permit
Responsibility : LGU
A. FLORA
1. Any plan to cut endemic trees shall be incorporated in the EIA/ project description of the
development project and shall be subject to the prescribed guidelines of and mitigating
measures to be imposed by the Department of Environment and Natural Resources
(DENR).
2. Cutting of trees shall strictly follow existing rules prescribed by DENR and/ or local
ordinances of the same nature.
3. Planting of multi-species of trees, plants, shrubs, etc. Shall form part of development
project in order to enhance biodiversity conservation.
4. Planting of invasive/ exotic (non-indigenous) plants shall be subject to DA Plant
Quarantine Guidelines, EIA System (PD 1586) and Local Ordinances.
B. FAUNA
1. Hunting and gathering of fauna for any purpose shall be in accordance with Sec. 17,
Chapter III, Article I of R.A. 1974 which states that, “Breeding of propagation of wildlife for
commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/ culture permit: Provided that
only progenies of wildlife raised as well as unproductive parent stock shall be utilized for
trade; Provided further, that commercial breeding operation for wildlife, whenever
appropriate, shall be subject to an environmental impact study.”
2. All development projects shall ensure that natural seasons and habitats of native and
migrating species are protected and not adversely affected by the development.
2. Development activities and projects shall be undertaken in strict conformity with the
approved land use and development plans of the Municipality.
2. The LGU through an ordinace shall designate a common mooring/ docking facility for
pumpboats and other sea crafts.
3. The LGU shall ensire that provisions of RA 6969 (on Toxic and Hazardous Waste) are
observed by pump boats and other sea craft operators.
4. Dive shops and other resorts/ establishments shall strictly abide by the Philippine
Commission on Sports Scuba Diving (PCSSD) rules and regulations, LGU ordinances against
illegal fishing and DA fishery laws and administrative orders.
5. PCSSD rules and regulations and marice laws shall form part of the house rules of all
resorts, dive shops and establishments offering diving services.
6. All boats servicing tourists shall be duly licensed by the LGU/MARINA, provided with safety
devices for tourist protection, and shall equip their boatmen with radio, GPIS and other
similar communication devices.
E. WATER
All water sources (gorund, surface and sea) shall be subjected to regular water tests by
concerned agencies; e.g. DOH/PHO, DENR and DA, to determine their safety. Corollary to this,
test results shall be released to the concerned agencies to respond to the problem, if any.
F. AIR
1. Development projects that are determined to have adverse effect on air quality shall
observe relevant provisions of the Clean Air Act or RA 8749.
2. Transport vehicles shall be governed by existing exhaust emission guidelines of the Land
Transportaion Office and other concerned agencies.
G. TOPOGRAPHY
1. Development projects shall not cause any major change in topography of the Municipal
land area but shall instead follow and adopt the Municipal topographic features.
2. No quarrying and extraction of sand and gravel shall be allowed in the entire coastline of
Carmen.
H. CARRYING CAPACITY
For the purpose of setting the Municipal land use plan and development, the LGU shall
determine the desired carrying capacity of the area, which shall be stipulated in the municipal
Comprehensive Land Use Plan of the LGUs. The LGU land carrying capacity for accommodation
facilities shall be based on the net buildable area to be determined by the Municipal
EngineeringOffice.
Section 2. WASTES
A. SOLID WASTES
Compliance to the provisions of RA 9003 or the Ecological Solid Waste Management Act of
2000 shall be observed in the Municipality viz:
1. Solid wastes shall be segregated at source, (households, tourist establishments and
other establishments) into Recyclable/ Reusable (empty bottles of mineral water,
plastic containers, aluminum/ tin cans, bottles), Biodegradable/ Compostable (kitchen
waste, garden waste, food waste, plant cuttings, yard sweepings), Special Waste
(hazardous and toxic waste, i.e. busted bulbs,disinfectant/ chemical containers, paints,
thinner) and Residual Waste (intended for final disposal at the Landfill, i.e. cellophane,
toy & tetra packs, styrofoam, sachets). These shall be placed in separate containers
with appropriate labels and covers. These containers shall be made of durable
materials, water- and rodent-proof, and shall be located within the premises concealed
from view of passers-by.
4. Recycling of materials such as hard plastic, glass, dry paper, etc. shall be encouraged.
5. Garbage receptacles shall be installed at srategic locations un public places within the
establishments.
2. Housing projects/ residential units shall comply with the provisions of PD 856
(Sanitation Code of the Philippines).
2. Generators shall be placed at closed doors with air vents, either concrete or similar
structures,tominimize noise, with fire extinguisher installed.
ARTICLE V
2. Standard rates for boat hire, tricycle fare, tour guides and other such services, shall be
made known to tourists by placing these rates in conspicuous places like the front desk,
airport reception desk, rent-a-car/ vehicle business establishment, etc. and in different
languages.
3. All establishments providing swimming pool facility within their property shall provide for
the services of at least one (1) lifeguard at any given time with the required training and
expertise.
4. Provision of lifeguards along the beach shall be provided by the association of business
establishments in the area. The LGU shall provide lifeguards at public/ LGU- operated
beaches/ swimming facilities. Non-designated beaches/ shorelines shall be provided with the
signage: NO LIFE GUARD ON DUTY.
5. Establishment owners shall provide adequate security services within their respective
areas to ensure the safety of the tourists.
6. A Tourist Police shall be established and supported by the LGUs to ensure safety and
protection of tourists.
7. The LGU shall establish and maintain a Tourist Information and Assistance Center in
strategic areas.
8. Establishments shall comply with the Quality Services for Sustainable Tourism and other
tourism standards as may be adopted in the future.
3. Motorbikes, bicycles and other modes of transportation shall not be allowed access to
the beachfront at a designated time to be determined by the LGU in an ordinance.
4. The LGU shall designate the drop- off points of public transport in tour sites.
5. Water transport facilities or boats for hire for island hopping shall strictly follow the
rules and regulations of MARINA, the Philippine Coast Guard and/ or the Department of
Tourism, the LGU and other concerned agencies. These shall be required to get a
business permit and be subject to registration and monitoring by the LGU and MARINA
as regard sea worthiness and service quality.
6. Accommodation facilities engaging in transport and other services (i.e. operators of tour
packages) shall be required to get a separate business permit for each business
category.
1. Water sports operators shall strictly abide by the rules and regulations to be enforced by
DOT, LGUs and other concerned agencies with regard to specific areas for operation,
business hours, safety measures, etc.
2. Jet skis shall be banned from waters fronting resort establishments. As a water sports
facility, jet skis shall only be allowed in designated water sporting areas.
3. Strict compliance with the rules and regulations of the Philippine Commission on Sports
Scuba Diving (PCSSD) shall be enforced and monitored by the concerned LGU.
Section 5. CLEANLINESS
Cleanliness at the beach and surroundings of the resort establishments shall be mainly
the responsibility of the resort and establishment owners. Barangay LGU shall be responsible
for cleanliness of the beach fronts which have no developments yet or are open for public use.
ARTICLE VI
Section 1. DEVELOPMENT
The distance of 100 meters inland from the established easement of 20 meters shall be
known as the “Beach Zone.” The first 10 meters after the easement shall be reserved as
“open space” dedicated as “pathway” for public use. Beyond the beach zone will be
the “Inland Zone.”
To ensure that the carrying capacity of the island as planned and regulated by
the LGU will not be exceeded, the concept of building- to- open- space ratio must be
observed as follows:
a. Minimum of 60- 40% building- to- open- space ratio for the first
50 meters within the beach zone;
b. Minimum of 70- 30 % building- to- open- space ratio for areas beyond the 50-
meter beach zone; and,
c. Room size shall be based on the minimum standard requirements per specific
categories of accommodation facilities as set in the Manual on Quality Services
for Sustainable Tourism development.
c. A luxury hotel with urban amenities, such as convention center, restaurants, indoor
sports facilities, etc., may be allowed in the beach zone.
Development design, however, shall first be reviewed and approved by the REDCOM to ensure
that the plan contributes to the aesthetic appeal of the Municipality
Access for the differently- abled (i.e. ramps, railings, pavements, parking, space, rest rooms)
shall be made available in all the facilities within the accommodation/ commercial
establishment (Magna Carta for Disabled Persons RA 9442, Accessibility Law BP Bilang 344).
Section 3. ARCHITECTURE
A. FOR BEACH ZONE
1. The overall architecture and design shall conform to the landscape and resonate with the
culture of the beach front. New structures need not be replicas of traditional houses but
rather seek inspiration in the way they adapt to the environment.
2. The Native/Carmen culture must be integrated into the architecture and design of all
establishments (e.g. doors, headboards, facades, windows, cabinets, bathrooms, etc).
The exterior of these buildings and facilities may reflect the “native look,” such as the
traditional bahay kubo and its variants.
3. Construction shall harmonize with the topography of the site, avoiding rigid forms that
would clash with the coastal landscape.
4. The visible building materials of all structures shall be carefully selected so that they will
blend with the overall resort appearance, including color. Use of indigenous materials
such as nipa or cogon, natural stones and wood tiles is encouraged.
A. Beach Zone
Resort establishments within the beach zone shall observe height limits of 3 stories or
15 meters from the original ground line for the first 50 meters from the easement, and
thereafter, may increase to 5 stories. This height limit does not apply to areas covered by
height restrictions set by the Air Transportation Office within the airport vicinity.
B. Inland Zone
The tallest structure shall be limited to a maximum height of 30 meters from ground
level, and no structure shall be allowed to be taller as set by the Engineering office of Carmen.
1. No permanent structure and sign of any nature shall be allowed within the
beachfront easement.
3. Mandatory direct beachfront access with a right - of - way of 10.00 meters minimum
width shall be provided by lots or developments fronting the beach to succeeding
interior lots. This will allow for water amenity to interior developments and spread
the benefits of the beach as a natural and public resource.
4. The distance between buildings and structures shall comply with the provisions of
the National Building Code of the Philippines.
6. Lanes for bicycles and persons with disability may be constructed on these roads
setbacks.
2. A 10- meter buffer zone is planned for tourism facilities along national, provincial,
municipal and barangay roads to provide visual and aural privacy of facilities and guests.
b. At the end of the clearways of the runway, an approach/ departure surface with
a slope of 2% above the horizontal in the vertical plane containing the runway
strip running parallel shall be established.
2. Buffer zones that would serve as noise barrier shall be provided running parallel 70
meters on both sides of the runway strip.
3. Within this buffer zone, planting of trees is strictly prohibited while agricultural crops
may be allowed.
Section 8. LANDSCAPING
1. Owners of lots and establishments in the island shall be encouraged to plant and
maintain ornamentals or fruit trees or other edible forms of landscaping to enhance the
aesthetic appeal of their location. The required open space shall be landscaped.
Section 9. SIGNAGES
1. Signs are intended to give direction, convey information or instructions. As such, they are
controlled in their manner of display to achieve the best results.
2. Use tourism signs and symbols per international standards.
3. Sign Dimensions:
5. All signs must be considered from the aspect of aesthetics in terms of proportion, color
and location. The important thing is that signs should not intrude into the sensibilities
of the viewers or users and must not interfere with the panorama of an established view,
whether contrived or natural.
6. Strictly no big signs. Avoid signs that annoy.
Establishments shall provide parking space in accordance with the law. For establishments
with limited space, a common parking area may be established by the LGU.
2. All such roads shall have a road right-of-way conforming to the requirements of the
DPWH and LGU, as follows:
4. Clusters on which apartments, row houses or a group of single detached buildings are
built shall be provided with an access street directly connecting said buildings or units to
a public street or alley pursuant to Rule XI of the IRR of the National Building Code.
5. Bicycle lanes may be designated and constructed along the sides of national
roadsoutside the shoulder lanes or sidewalks.
All existing structures in violation of these guidelines must not and will not be given
approval to repair/ remodel these structures until after the provisions of these guidelines are
complied.
ARTICLE VII
SOCIAL DEVELOPMENT GUIDELINES
A. EMPLOYMENT
1. In employing staff and personnel of establishments and businesses in the resorts, first
priority shall be given to displaced and affected families of the projects, second priority
to the residents of Carmen and those of the province, considering required expertise/
competencies.
2. Attractive employment incentives are encouraged for core positions necessary to the
business operation.
a. Establishments shall abide with the rules and regulations of the Social Security
System (SSS) and the Department of Labor and Employment (DOLE) of the
Philippines particularly those pertaining to the benefits and rights of employees.
c. For monitoring purposes, data on employment and other tourism statistics shall
be reported at the end of the year by the establishments to the assigned office at
the LGU, with a copy furnished to the Office of the Governor. Monitoring of
compliance on this is lodged with the Provincial Tourism Office of the Office of the
Governor.
1. Businesses shall also give priority to local suppliers, entrepreneurs and cooperatives in
the Municipality and within the province which are capable of providing the same goods
and services at comparative costs.
2. Local residents shall be given opportunities to sell their agriculture and handicrafts
products at commercial outlets designated by the LGU.
3. Alternative livelihood shall be provided by the LGU to farmers and fisherfolks who will
be affected by the project.
C. INCENTIVES
The LGU of Carmen, Agusan del Norte are required to adopt an investment codes which
shall provide both fiscal and non- fiscal incentives on top of national incentives, especially to
those meeting the standards set in the Manual on Quality Services for Sustainable Tourism.
3. Developers, owners and operators of tourism- related and other establishments and
businesses shall assist the Department of Tourism, local government units and other
agencies concerned in the construction and management of a heritage- cum- handicraft
village which shall showcase the history, arts and culture of the Municipality, the
Province and the Philippines in general.
1. Equal opportunities for employment, training and professional growth shall be provided
to all, regardless of sex.
1. All establishments shall have a manpower development program for their employees.
Regular trainings on etiquette, good conduct, customer service, hospitality,
management, etc, must be conducted for all tourism establishment/ facility employees
by the establishment/ facility, with the assistance of the LGUs and tourism-related
organizations. This will ensure that tourist facilities shall provide quality service to
guests/ clients at all times. Participants shall include employees, front line staff, security
guards, transport drivers (i.e., taxi, van, bus, tricycle, boat, etc.) and others.
5. LGU shall assist in organizing local residents into cooperatives for the supply of goods
and services.
1. A council with members from the public and private sector shall be formed/ organized
to look after the protection of children, youth and special people (people with
disability).
2. Children, aged 0-6 years old, especially of working mothers, shall be provided with care
centers and nursery facilities by the MSWDO of the LGU or the private sector.
1. Health care facilities shall be provided by the Municipality to cater to the needs of both
community members and visitors.
2. LGU of Carmen shall require establishments to have a periodic medical check-up for
their employees.
Section 7. SPORTS
1. Sports development programs for workers/ employees shall form part of the human
resource development program of resorts and other tourism establishments.
ARTICLE VIII
TRANSITORY PROVISION
Section 1.
The scope of these code shall reckoned from the date of adoption by the municipal
Council of Carmen, Agusan del Norte.