Chapter 3. Territorial Planning Commission

§3101. Authority. These Rules and Regulations are promulgated under the authority of 21 GCA §60101.

§3102. Purpose. The purpose of these Rules and Regulations is to govern the meetings and proceedings of the Territorial Planning Commission, acting pursuant to the legislative authority mentioned above.

§3103. Official Name. The official name of the Commission shall be the Territorial Planning Commission.

§3104. Official Address. The official address of the Territorial Planning Commission shall be c/o Department ART. 1 - OPERATIONAL POLICIES - 1997 - P. 1 of Land Management, Government of Guam, Agana, Guam.

§3105. Place of Meeting. The Commission will hold its regular meeting at a location to be determined by a majority vote at any regular meeting.

§3106. Commission Creation, Membership and Compensation. The Commission shall be composed of seven (7) members to be appointed by the Governor by and with the advice and consent of the Legislature for a period of five (5) years; provided, however, that, of the two (2) members fir…

§3107. Powers. The powers of the Commission shall be vested in the members thereof then in office. Such powers of the Commission are defined under the following: (1) 21 GCA Chapter 60, Article 3, known as the Land Records. (2) 21 GCA Chapter 62, known as the Subdivision Law of th…

§3108. Regular Officers. Regular officers of the Commission shall be Chairman, Vice- Chairman and Executive Secretary.

§3109. Additional Officers and Assistant Officers. The Commission may, by resolution, appoint such ART. 1 - OPERATIONAL POLICIES - 1997 - P. 2 additional officer or officers, or assistant officer or officers, establish the terms of office of such officers and define the duties of…

§3110. Appointment and Elections. The Chairman shall be appointed by the Governor with the advice and consent of the Legislature. The Vice-Chairman shall be elected by the Commission from among its members. The Executive Secretary to the Commission shall be the Director of Land M…

§3111. Terms of Office. The terms of office for the Vice-Chairman shall be for the calendar year. The term of office of the Chairman and the Executive Secretary shall be concurrent with the directorship of their appointment.

§3112. Vacancies. Should the office of the Vice- Chairman become vacant, the Commission shall fill the vacancy by electing another Vice-Chairman from among its members.

§3113. Duties of Officers. The Chairman shall preside at all meetings of the Commission. At such meetings, he shall submit such proper information and recommendations to the Commission as he may deem proper concerning the policies, administration and other affairs of the Commissi…

§3114. Other Duties and Functions. The officers of the Commission shall perform such other duties and functions ART. 1 - OPERATIONAL POLICIES - 1997 - P. 3 as may from time to time be appropriately required by the Commission or by the Rules and Regulations.

§3115. Regular Meetings. Regular meetings of the Commission shall be held on the 2nd and 4th Thursdays of each month at 8:30 A.M. If such meeting falls on a legal holiday, the meeting shall be the subsequent Tuesday.

§3116. Special Meetings. Special meetings shall be held at such time and places as the Commission may determine, or may be called by the Chairman at such time and place as he may determine, and must be called by him upon the written request of three (3) or more members of the Com…

§3117. Quorum. Four (4) members of the Commission shall constitute a quorum for the purpose of conducting its business, exercising its powers and for all other purposes.

§3118. Voting. Every official act taken by the Commission shall be adopted by a majority vote of at least four (4) votes. If less than four (4) affirmative or negative votes are obtained, the action shall be automatically tabled until an affirmative or negative vote of not less t…

§3119. Order of Business. At the regular meetings of the Commission, the following shall be the order of business: (1) Notation of attendance; (2) Approval of minutes not previously approved; (3) Consideration of zoning applications for changes or variances as outlined in the Zon…

§3120. Parliamentary Procedure: The Rules. Parliamentary procedure set forth in Robert's Rules of Order shall govern all meetings of the Commission except as otherwise herein provided.

§3121. Amendments. These Rules and Regulations may be amended by the Commission at any regular meeting by a majority vote, or any special meeting by a majority vote, provided that the proposed amendment to any particular section is included in the notice of such special meeting. …

§3201. Design and Layout of Subdivisions. The following design standards shall apply to all subdivisions, agriculture subdivisions, lot parcelling, decedents estates and parental subdivisions submitted to the Territorial Planning Commission or its legally authorized agent for app…

§3202. Same: General. (a) Conformance with Master Plan. Any proposed subdivision shall conform, as far as practicable, to the proposals and intention of the Master Plan for the territory of Guam as formally adopted in whole or in part by the Territorial Planning Commission, unles…

§3203. Same: Streets. (a) Arrangement. The proposed streets shall be considered in their relation to existing and planned streets, to topographic and geologic conditions and to public convenience and safety. They shall provide for: (1) Appropriate continuation of existing arteria…

§3204. Same: Lots and Blocks. (a) Block Lengths. Unless specifically approved by the Territorial Planning Commission, block lengths shall not be less than two hundred (200) feet, nor more than two thousand (2,000) feet. Where blocks exceed one thousand (1,000) feet, crosswalk way…

§3205. Same: Easements. Wherever possible, all easements shall be continuous from block to block, and their layout shall create as few irregularities as possible: (a) Water Courses. Drainage conduits and channels when not located in a public street, road or alley, or within a pub…

§3206. Same: Variation. Strict compliance with the requirements of these Rules and Regulations may be waived only when, in the judgment of the Commission, such action is in the public interest and not inconsistent with the Subdivision Law. In waiving strict compliance, the Commis…

§3207. Road Classifications and Standards: Road Classifications. The streets and roads are classified on the basis of use and importance. In the classification of various routes, which have been established in order of relative ART. 2 - SUBDIVISION RULES & REGS. - 1997 - P. 9 imp…

§3208. Same: Road Standards. The following standards for the design of geometric and profiles shall govern the preparation of plans for road related improvements: (a) Minimum Grades and Cross Slope: (1) Minimum grade on new streets shall be 0.33% where curb and gutter are used, a…

§3209. Same: Typical Sections. Attached, and made a part hereof, are drawings showing the typical sections to be used in subdivision improvements. NOTE: The drawings referred to in §3209, above, were not included within these Rules and Regulations at the time of the original publ…

§3210. Agricultural Subdivisions. The following definition, design standards and procedure requirements shall apply to all agriculture subdivisions submitted to the Territorial Planning Commission, or its legally authorized agent for approval under 21 GCA Chapter 62.

§3211. Same: General. (a) Waivers. The Subdividers shall observe all definitions, design standards and procedure requirements for agriculture subdivision as hereinafter provided - these provisions shall be varied from or waived only as provided in 21 GCA Chapter 75. (b) Zone. Agr…

§3212. Same: Specific Requirements. (a) Map Requirements. The specific rules and regulations concerning the following are contained in 18 GAR §3213- §3216. (1) Preliminary Sketch Plan. (2) Final Map. (b) Roadway Requirements. Whenever a lot or parcel is not served by a public str…

§3213. Data and Map Requirements. The following data and map requirements shall apply to all materials submitted to the Territorial Planning Commission or its legally authorized agent, for approval under 21 GCA Chapter 62. The applicant shall observe all requirements for map or d…

§3214. Same: Preliminary Sketch Plan. All persons applying for any subdivision or lot parcelling approval shall first submit a sketch plan to the Planning Division, Department of Land Management: (a) General. Such sketch plan shall indicate the location of the existing and propos…

§3215. Same: Tentative Subdivision Map. All persons applying for the approval of a regular subdivision shall submit six (6) copies of a tentative map to the Planner-in- Charge of subdivision approval. Such map shall include the following information: (a) Vicinity Sketches. Vicini…

§3216. Same: Final Subdivision Map. All persons submitting final subdivision maps shall abide by the following requirements: (a) Map Form: (1) If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (2) Shee…

§3217. Other Maps Requiring Recording: General. (a) Signatures. All the maps described in 18 GAR §3218 as follows, require the signature of the Territorial Planner (or the Territorial Planning Commission) except: Land Registration Surveys, Remnant Parcel Surveys and Retracement S…

§3218. Same: Definitions. (a) Consolidation Survey shall mean the voiding and combining of lots, parcels or portions thereof, in order to create new lots. (b) Decedents Estate shall mean the division of land (owned by the decedent) by court order. (c) Land Registration Survey sha…

§3219. Same: Design and Access Requirements. (a) Public Access Easement. A forty-four (44) feet wide public access and utility easement shall be recorded by separate document (Declaration of Access) to serve any lot or parcel not served by a public street. (b) Graded Street. When…

§3220. Same: Map and Data Requirements. (a) Retracement Map: (1) See Final Map Requirements, 18 GAR §3216(a) and (c) are applicable. ART. 2 - SUBDIVISION RULES & REGS. - 1997 - P. 21 (2) References: source documents used as basis for survey shall be clearly indicated on the map. …

§3221. Same: Special Requirements for Parental Estates and Land Registration Surveys. (a) Parental Estates. All applicants for parental divisions of property shall be required to submit the following: (1) A certified copy of a deed for the basic lot indicating ownership by the ap…

§3222. Improvement Plans. The following standards shall apply to all improvement plans submitted to the Territorial Planning Commission, or its legally authorized agent, for approval under 21 GCA Chapter 62. The Subdivider shall observe all the requirements for improvement plans …

§3223. Same: General. (a) Time Limit. Within the legal time limit, the Subdivider may cause the engineered improvement plans of the subdivision or any part thereof to be prepared by a registered professional engineer in accordance with the tentative plan as approved. All streets …

§3301. Authority. These Rules and Regulations are promulgated by the Territorial Planning Commission under authority of 21 GCA Chapter 60 and 11 GCA Division 3.

§3302. Purpose. The purpose of these Rules and Regulations is to establish procedural requirements for: (a) Zone changes to an "H" designation. (b) Development within "H" Zones. (c) Substantive standards for development within "H" Zones.

§3303. Intent. These Rules and Regulations apply to that area rezoned "H" under the provisions of Public Law 14-41, as amended by Public Law 14-72 and Public Law 14- 82 (Tumon), as well as all future proposals for development within or changes of zone designation to an ART. 3 - I…

§3304. Definitions. For the purpose of defining those uses permitted in the "H" Zone under Public Law 14-41, but not defined elsewhere in the Government Code, the following definitions shall apply: (a) Amusement Activity: an indoor or outdoor facility operated for the amusement o…

§3305. Procedures for Zone Change to "H." A proposed zone change to "H" may be initiated by the Commission or by an application directed to the Commission by any person owning or leasing real property within the area covered by the proposed "H" Zone. ART. 3 - INTERIM “H“ RESORT-H…

§3306. Same: Application. An application for a change of zone to "H" shall be filed with the Planning Division, Department of Land Management, on a zone change form, which, in addition to that information normally required for zone changes shall include: (a) A legal description o…