Chapter 3. Territorial Planning Commission

§3310. Same: Approval by Legislature. Pursuant to 21 GCA Chapter 61, upon approval of the zone change by the Governor, it shall be submitted to the next portion of the next regular session of the Legislature convening after the said approval. Such amendment to the zoning map shal…

§3311. Same: Exceptions . Zone changes to "H" shall not be permitted for any area less than two and one half (2 1/2) acres in size.

§3312. Procedures for Development Within an "H" Zone . Before issuance of any building permit for development proposed either (1) in conjunction with submittal of a requested zone change to "H," or (2) in a prior approved "H" Zone, a tentative plan for such development shall be s…

§3313. Same: Subdivision and Development Review Committee. Upon certification by the Territorial Planner that such complete and accurate information as requested has been provided, such tentative plan shall be submitted to the Subdivision and Development Review Committee for revi…

§3314. Same: Approval by Commission. The Territorial Planning Commission shall either approve, including approval with conditions, or disapprove in whole or in part, the proposed tentative development plan. Upon approval, appropriate permits for initial construction may be issued…

§3315. Same: Bond . A performance bond or undertaking shall be required for any development undertaken pursuant to an approved tentative plan within an "H" Zone as otherwise provided in the regulations. The amount of the bond shall be one hundred ten percent (110%) of the infrast…

§3316. Same: Time Period. The Commission shall approve a maximum time period within which all of the improvements authorized in the tentative development plan shall be completed. The time period shall be no less than six (6) months, and no more than four (4) years. The time perio…

§3317. Same: Certification of Completion . Upon completion or any portion of the project in accordance with the tentative plan, the Department of Public Works shall certify to the Commission that the project has been completed in accordance with the tentative plan.

§3318. Same: Exceptions . Requirements or preparation of tentative development plans and posting of performance bonds as outlined in this Section shall not apply to construction of single-family dwellings in that area in Tumon zoned "H" under Public Law 14-41, as amended.

§3319. Standards for Development Within and "H" Zone . All development within an "H" Zone shall comply with all applicable pollution and erosion standards as promulgated by the Guam Environmental Protection Agency. The nature, size, shape, lighting and style of an outdoor sign sh…

§3320. Same: Parking Regulations. The following parking regulations shall apply: (a) 21 GCA Chapter 61 Article 4. (b) Provisions noted under "footnotes" to the "H" Zone Yard and Height Regulations.

§3321. Same: Development and Activities. Development and activities within an "H" Resort-Hotel Zone shall: (a) Provide open access to public resources including but not limited to beaches or other parts of the ocean shore, parks, conservation areas, rivers, waterfalls and other p…

§3322. Same: Design . Dwellings permitted in an "H" Zone shall be designed: (a) To accommodate primarily the needs and desires of visitors, tourists and transient guests. (b) In a compatible arrangement so as to compliment and enhance the adjacent structures and environment.

§3323. Same: Recreational and Amusement Activities . Such recreational or amusement activities as bowling alleys, movie theaters or sports facilities which normally and necessarily create temporary or occasional substantial adverse impacts, such as excessive noise, light or traff…

§3324. Same: Landscaping. Prior to issuance of occupancy permits for any development within an "H" Zone, the developer shall certify to the Territorial Planner that no less than two percent (2%) of the total construction cost for development of land oriented facility or structure…

§3325. Same: Variances . Variance to these Regulations may be granted by the Commission only upon issuance of such findings or under such conditions as prescribed under 21 GCA §§61616-61617. ART. 3 - INTERIM “H“ RESORT-HOTEL ZONE - 1997 - P. 38

§3326. Same: Yard, Area and Height Regulations . The yard, area and height regulations for the "H" Zone are as outlined in the chart on next page.

§3327. Amendments . These Rules and Regulations may be amended by the Commission at any regular or special meeting by a majority vote, provided that a ten (10) day public notice is provided. NOTE: Rules Adopted on March 10, 1978; filed with Legislative Secretary March 19, 1979. A…

§3401. Authority. These Rules and Regulations are promulgated by the Territorial Planning Commission under authority of 21 GCA Chapter 61 and Chapter 62. and Executive Order No. 78-20.

§3402. Purpose. The purpose of these Rules and Regulations is to establish procedural guidelines and performance standards for management of flood hazard areas, pursuant to Executive Order No. 78-20, and the National Flood Insurance and Guam Coastal Management Programs.

§3403. Intent. These Rules and Regulations apply to those land areas delineated as Flood Hazard Areas of Particular Concern on an official map, as approved by the Territorial Planning Commission and retained for public inspection by the Department of Land Management, Public Works…

§3404. Definitions. (a) Area of Particular Concern (APC) : A specifically designated geographic area where the presence of unique or significant natural resources, geologic constraints, hazards or other exceptional geographic characteristics warrants and requires the application …

§3405. Procedures for Flood Hazard Area Management . (a) Before issuance of any permit for development within a designated flood hazard area, a tentative plan for the proposed development shall be submitted to the Building Permit Division, Department of Public Works including a t…

§3406. Standards for Flood Hazard Area Management. (a) All development within flood hazard areas shall comply with all water quality, erosion and sedimentation control standards and other applicable pollution standards as promulgated by the Guam Environmental Protection Agency an…

§3407. Designation of Flood Hazard Areas. (a) The Commission shall designate as initial flood hazard areas of particular concern those floodplain designations submitted by the Bureau of Planning for approval under the National Flood Insurance Program. (b) Subsequent proposed addi…

§3501. Authority . These Rules and Regulations are promulgated by the Territorial Planning Commission under authority of 21 GCA Chapter 60 and Chapter 61, and Executive Order No. 78-21.

§3502. Purpose . The purpose of these Rules and Regulations is to establish procedural guidelines and performance standards for development and conservation of wetland areas pursuant to Executive Order No. 78-21.

§3503. Intent . These Rules and Regulations apply to those land and water areas delineated as Wetland Areas of Particular Concern on an official map of wetlands as approved by the Territorial Planning Commission and retained by the Departments of Land Management, Parks and Recrea…

§3504. Definitions. (a) Area of Particular Concern (APC) : A specifically designated geographic area where the presence of unique or significant natural resources, geologic constraints, hazards or other exceptional geographic characteristics warrants and requires the application …

§3505. Procedures for Development Within Designated Wetland Areas of Particular Concern. (a) Before issuance of any permit for development within a wetland APC, a tentative plan for the proposed development shall be submitted to the Territorial Planner including a thorough descri…

§3506. Standards for Development and Conservation of Wetland APCS. (a) All development within a wetland APC shall comply with all air and water quality, erosion and sedimentation control standards and other applicable pollution standards as promulgated by the Guam Environmental P…

§3507. Designation of Wetland Areas of Particular Concern . (a) The Commission shall designate as initial wetland areas of particular concern those wetlands identified on the Bureau of Planning's Community Design Maps, as approved by the Governor, and those mangrove strands and w…

§3601. Legislative Authority . These Rules and Regulations are promulgated pursuant to 5 GCA §1203.

§3602. Definitions. (a) Council means the Territorial Planning Council. (b) Public Meeting means a gathering of members of the public called together by an applicant for the purpose of obtaining input in the development of a plan. (c) Public Hearing means a gathering of members o…

§3603. Plan Preparation. (a) It is the policy of the Council that the public be afforded maximum opportunity to participate in the preparation of the Comprehensive Development Plan and elements thereof. (b) At least one public meeting shall be held at the start of the plan prepar…

§3604. Plan Submission. (a) Not later than thirty (30) calendar days after compliance with 5 GCA §1214 of the Government Code of Guam which provides for affected agency input, the plan and supporting documents shall be submitted to the Council via the Council's staff by the appli…

§3605. Plan Review. (a) The Council recognizes that certain legally-mandated plans are already required to be heard publicly under the laws or regulations dealing with these plans. It is the Council's intent that hearing requirements be consolidated to reduce time and expenses wh…

§3606. Plan Adoption

§3607. Plan Adoption. (a) Within twenty (20) calendar days after the last public hearing on a plan, the Council shall meet to develop its recommendations to the Governor. ART. 6 - COMPREHENSIVE DEVELOPMENT PLAN - 1997 UPDATE - P. 60 (b) Within thirty (30) working days after the l…

§3608. Plan Implementation. (a) The applicant shall be principally responsible for implementing an approved plan. Status reports on plan implementation shall be submitted by the applicant to the Council every six (6) months after plan approval by the Legislature. These reports sh…

§3609. Plan Update . (a) All plans shall be updated three (3) calendar years after approval by the Legislature. Should circumstances warrant an earlier update, the Council shall so inform the applicant at the earliest possible time to allow the applicant to obtain necessary fundi…

§3610. Severability. (a) If any part or section of these regulations is declared to be invalid by a court of law or administrative tribunal for any reason, the rest of these regulations shall not be affected thereby and shall remain valid and enforceable. ART. 7 - DEVELOPMENT REV…

§3611. Order of Business

§3612. Parliamentary Procedures - The Rules of Order

§3613. Amendments NOTE: The original Development Review Committee Rules were promulgated through the administrative adjudication process and submitted to the Guam Legislature on November 14, 1990.

§3701. Authority. These Rules are promulgated under the authority of Executive Order 90-09, May 25, 1990 (See Appendix A); Executive Order 92-06, February 21, 1992 (See Appendix B); and the Administrative Adjudication Law (Title 5 Guam Code Annotated, Section 9100, et seq.)

§3702. Purpose. The Committee is an entity formulated for the purpose of providing the Territorial Land Use Commission/Territorial Seashore Protection Commission (TLUC/ TSPC/Commission) with technical and professional review, analysis, advice, and individual agency positions conc…