American Samoa Administrative Code

The board shall have original jurisdiction to zone the Territory as appropriate, to approve any and all zoning maps, to grant variances, to reconsider its decisions, to name streets, and to establish Planned Unit Developments (PUDs). History: Rule 5-88, eff 13 Jul 88.

The board shall have appellate jurisdiction where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the building code or the zoning law. History: Rule 5-88, eff 13 Jul 88.

All regular meetings and hearings of the board shall be held in the Office of Development Planning, unless otherwise announced, every second Thursday of each month at 1:00 p.m. Such other meetings and hearings as are necessary for the efficient conduct of its business may be held…

A chairperson shall be elected by the board at the meeting held on the second Thursday in January or as soon thereafter as possible. History: Rule 5-88, eff 13 Jul 88.

The board by a majority vote shall recommend to the Governor the need for a replacement for any member who misses three (3) consecutive meetings without cause. Cause shall include health reasons and off-island trips. History: Rule 5-88, eff 13 Jul 88.

A quorum shall be one-half or more of the appointed members in attendance at a meeting. A quorum shall not be lost when members leave the meeting unless the quorum is questioned by at least one member still in attendance. No official business can be conducted without a quorum. Hi…

(a) Purpose. The purpose of the building setback minimum is the protection of the health, safety, and general welfare of the people and the attainment of unity in the development of streets and buildings in American Samoa. (b) Restriction. (1) No person shall erect, construct, al…

(a) A garage or an off-street automobile parking area shall be provided at the time of the erection of any of the main buildings or structures hereafter specified, or at the time such main buildings or structures are altered, enlarged, converted, or increased in capacity by addin…

All land area not previously zoned on Tutuila American Samoa, is declared to be in the Water-shed conservation zone as defined by Chapter 26.03 A.S.C.A. History: Rule 5-88, eff 13 Jul 88.

After a full evidentiary hearing before the board, a site visit to any location under consideration for a variance may be made by the board and used in the final decision of the board regarding the variance. History: Rule 5-88, eff 13 Jul 88.

The board may grant a variance from the regulations applicable to a zone if the board finds that the variance is necessary to make possible a reasonable use of land or a building or that refusal of a variance would impose a hardship and that the variance would not be injurious to…

The Harbor Area is hereby zoned in accordance with the attached map and plan. History: Rule 5-88, eff 13 Jul 88.

(a) All persons addressing the board at a public hearing shall identify themselves by name, village of residence, and, if applicable, employment or group affiliation. Persons may make oral or written presentation in person or through a [ASBA does not have the remaining parts of t…

[…]has been vested with authority to designate uses in the coastal zone subject to management and to review, comment upon, approve, or disapprove all applications for permits for uses, developments, or activities which may in any way whatsoever impact the American Samoa coastal z…

The executive order codified in this chapter is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa. History: Rule 6-81 (Ex Ord. 3-1981), eff 17 Jun 81, § 2.

(a) Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and so as to give this chapter its most reasonable interpretation and application. (b) As used in this chapter: (1) “are…

Flood hazard Boundary Map No. 600001, dated 13 Dec 77, and any amendments thereto, is designated as the official map to be used in determining those areas of special flood hazard in the territory. History: Rule 6-81 (Ex. Ord. 3-1981), eff 17 Jun 81, § 4.

All new and replacement water and sewer systems in the territory shall be constructed to eliminate or minimize infiltration by or discharge into floodwaters, and all on-site waste disposal systems will be designed to avoid impairment or contamination during flooding. History: Rul…

In conjunction with its authority authorized and directed under 26.02 of this code relating the coastal zone management program of the territory of American Samoa, the office of development planning is vested with the added authority relating to flood protection, and its director…

(a) As part of its review of applications for permits for development which impact the American Samoa coastal zone, the office of development planning shall determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been…

The office of development planning is authorized to propose to the Governor for his promulgation, pursuant to the Administrative Procedures Act, 4.1001 A.S.C.A., et seq., rules as it from time to time deems necessary and proper for the effective implementation and administration …

All departments, offices, agencies, and instrumentalities of the ASG, and all officers and employees thereof, shall cooperate to the fullest extent possible in assisting the office of Development Planning to carry out the responsibilities and duties of this chapter and in flood p…

Because of the total dependence of the Territory of American Samoa on imported oil and the increasing cost-impact of this dependence, there exists a serious need to develop alternate energy sources and at the same time to embark upon a concerted effort to reduce waste in the cons…

The rules codified in this chapter are adopted under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa. History: Rule 6-78 (Ed. Ord. 2-1978). eff 6 Feb 79. § 2.

The rules codified in this chapter are adopted in order to comply with the Federal Energy Policy and Conservation Act, PL 94-163. History: Rule 6-78, (Ex. Ord. 2-1978), eff 6 Feb 79. § 3.

The lighting, equipment, and thermal efficiency standards developed by the American Society of Heating, Refrigeration, Air Conditioning Engineers, Inc., known as ASHRAE standard 90-75, are adopted and shall be construed as part of the building code as adopted by 26.0501 A.S.C.A.,…

Exemptions to scope of the standards provided for in 26.0504 are as follows: (a) New buildings and/or modifications there or whose peak design rate of energy usage is less than 1 watt per square foot of floor area for all purposes; and (b) Those buildings which are not mechanical…

No official of the ASG who is charged with the enforcement of laws or ordinances relating to the construction or alteration of buildings or structures, shall approve any plans or specifications that incorporate design and construction details and standards for cooling systems for…

When applications are made for building or construction permits, certification of compliance with the energy efficiency building standards where cooling systems are included shall be evidenced by the written statement, “These plans comply with current energy conservation standard…

The rules codified in this chapter are issued pursuant to the authority granted the territorial planning commission under Chapter 27.02 ASCA. History: Rule 3-77, eff 14 Sep 77, § 1.

(a) Any applicant who wishes to operate a business in the territory who is not an American Samoan as defined by the ASCA shall appear before the territorial planning commission, following referral to the commission by the Governor, for review of and subsequent recommendation on t…

(a) Upon submission of a business license application, and upon referral by the Governor to the executive secretary of the territorial planning commission, the applicant’s name will be placed on the agenda of the next meeting of the commission. The applicant will be informed by t…

(a) A foremost factor among the priorities which influence recommendations of the commission is the economic contribution, or benefit to the economy of American Samoa, proposed by a new business. Economic contribution means. the direct and indirect benefits received by the commun…

(a) New businesses that are majority-owned by nonAmerican Samoans must submit certified financial statements for each nonAmerican Samoan principal. (b) Industries seeking establishment in the territory must transmit a formal business proposal to the commission. (c) A license appl…

The commission recognizes that in assessing the merits of business proposals and license applications, it is necessary for applicants to submit information which is of a confidential nature and which may conceivably benefit competitors of the proposed business. The commission thu…

A license must be obtained for each separate business activity as defined in the classification set out in this section. No single classification includes any other unless specifically referenced. (a) Retail outlets: covers retailing only of any merchandise not covered in any of …

The rule codified in this chapter is issued pursuant to the authority granted the industrial park commission under 4.1002 ASCA. History: Rule 4.77, eff 14 Sep 77, § 1.

The rules in this chapter shall govern all internal procedures of the industrial park commission (hereinafter called the “commission”) established by General Memorandum 15-75, regarding the direction and management of the American Samoa Industrial Park (hereinafter called the “pa…

The financial affairs of the park and the commission shall be established and maintained in an Enterprise Fund within the ASG financial management system (hereinafter called the “fund”) regarding all revenues and disbursements. The treasurer shall maintain the accounts as Fund 43…

The attorney general of American Samoa shall render legal advice and assistance to the commission. When a formal opinion on any matter is sought, a written request should normally be submitted by the chairman at least 2 weeks before the opinion is required. History: Rule 4-77, ef…

(a) Members of the commission shall be the directors, respectively, of the office of development planning, office of material management, department of public works, department of agriculture and office of industrial development, the treasurer, attorney general, president of the …

(a) The general administration of the business of the commission shall be as spelled out in this section. (b) The development bank shall have responsibility for administration of the affairs of the park and the fund, between meetings. This interim management shall continue until …

(a) Any person believing he is aggrieved by any action or inaction of the commission, or representative thereof, may request a hearing and review by the full commission. All actions and decisions of the commission or its representatives shall be deemed final and binding within 10…

The commission shall adopt and amend, from time to time, standards for leases, and such standards shall be available at the office of the chairman for inspection by the public. History: Rule 4-77, eff 14 Sep 77, § 8.

The commission shall adopt and amend, from time to time, guidelines for selection of tenants, and such guidelines shall be available at the office of the chairman for inspection by the public. History: Rule 4-77, eff 14 Sep 77, § 9.

(a) All decisions shall be made with a view toward the purpose for which the park was developed, which is to provide a fully serviced area in the territory of American Samoa in which prospective manufacturing and related service establishments. Park space will be provided primari…

The office of development planning is hereby designated and appointed as the agency of the ASG which shall have the duty and the authority to administer, within the territory , the community development block grant (CDBG) program as authorized by Title I of the Housing and Commun…

The responsibility for the direction of the CDBG program and for the administration of all HUD grants pursuant to Title I of the Housing and Community Development Act of 1974 (PL 93-383), as amended, is hereby vested in the director of development planning. This responsibility sh…

In order to carry out the responsibilities under this chapter, the director of development planning is authorized to propose to the Governor for his promulgation, pursuant to the provisions of the Administrative Procedure Act, Chapter 4.10 ASCA, such rules as may be necessary and…

No request for payment under CDBG letters of credit may be signed by any authorized signator unless it has first been delivered to the office of development planning for review and has been approved in writing by the director or his authorized designee. History: Rule 14-80 (Ex. O…