Guam Administrative Code

§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…

§3307. Same: Public Hearing. Upon certification by the Territorial Planner that complete information has been provided by the applicant, the Commission shall hold at least one (1) public hearing thereon in the municipal district where the property to be rezoned is located, as suc…

§3308. Same: Subdivision and Development Review Committee. Prior to the public hearing, the Territorial Planner shall submit the application and other supporting documents including a summary report of the public hearing for the proposed zone change to the Subdivision and Develop…

§3309. Same: Approval by Commission and Governor. The Commission shall consider the proposed change of zone and may approve or disapprove the same, in whole or in part. The Commission shall make its findings and determinations within forty (40) days from the date of the hearing t…

§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 su…

§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 infrastr…

§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 sha…

§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 traffi…

§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. 37

§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. AR…

§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 o…