A height clearance certificate shall first be secured from the Bureau of Air Transportation before a building permit may be issued or before buildings/structures may be constructed/ located:
e. Cemeteries or memorial parks shall conform with the land use plan or zoning ordinance of the locality having jurisdiction over the project site, the pertinent provisions of the Sanitation Code, Water Code, applicable laws and rules affecting related services and the following design standards:
i. Cemeteries and memorial parks shall be located on the periphery of the town center or in
areas sparsely inhabited and where little hazard to human life or health could result.
ii. Cemeteries and memorial parks may be allowed in areas zoned as agricultural provided
that the site is not tenanted and not covered by Operation Land Transfer and Comprehensive Agrarian Reform Program (CARP) as certified by the Department of Agrarian Reform, not prime agricultural land (NPAA/NAAD) as certified by the Office of the Municipal Agriculturist (OMA), and not irrigated as certified by the National Irrigation Administration (NIA).
iii. Cemeteries/memorial parks shall not be allowed in environmentally critical areas. iv. Cemeteries/memorial parks must be located on ground where the water table is not higher
than four and twenty-five (4.25) meters below the ground surface as certified by the National Water Resources Board (NWRB) or its deputized agency.
v. The site must be served by a road with a minimum width or a right-of-way of not less than
eight (8) meters; road right-of-way shall be increased as project size increases.
vi. Suitable areas shall be allocated for the planting of trees, shrubs, plants and for other
functional and decorative elements such as monuments, sculptures, fountains and benches.
vii. For memorial parks, at least fifty (50) percent of the saleable area shall be utilized for
underground interment in order to retain the park-like character of project.
viii. For memorial parks/cemeteries which are located along national/provincial primary and
secondary roads, as identified as such by the Department of Public Works and Highways, a distance of at least twenty five (25) meters from the edge of the road right of way shall be imposed where no burial shall be allowed, provided that it shall conform to the pertinent provisions of this Code, the Sanitation Code, and Water Code. The area may be utilized for parking purposes, or as space for the administration building, church or other facilities or for planting of trees and shrubs, or other related use; a service road may be allowed within this buffer.
ix. The cemetery shall be totally enclosed by a perimeter fence of strong material, and all
gates provided with a strong door and lock. Perimeter wall shall not exceed 3.00 meters in height. Where a cemetery is enclosed by a solid reinforced concrete wall at least 2 meters high, but not exceeding 3.00 meters, it is allowed to construct tombs, vaults, mausoleums or other types of sepulchers for the dead up to the walls. Otherwise, a clearance of 5 meters shall be maintained between the perimeter fence and the nearest interment plot.
f. Urban forests shall be established exactly within the center of the commercial district. The exact area to be designated as open space should be in conformity with existing laws on the matter as prescribed in the National Building Code and the Urban Development and Housing Act of 1992.
