Guidebook to development requirements on Guam

[From the U.S. Government Printing Office, www.gpo.gov]

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Guidebook to

Development Requirements
on Guam/

US Department of Commerce
Noaa Coastal Services Center Library
2234 South Hobson Avenue
Charleston, SC 29405-2413

Guam Coastal Management Program
Bureau of Planning
Government of Guam
1986

This booklet was funded by the United States Department

of Commerce, Office of Ocean and Coastal Resource

Management, and the Guam Coastal Management Program,

Bureau of Planning, Government of Guam

John P. Duenas and Associates, Inc.
also known as Duenas and Swavely
P.O. Box 8900
Tamuning, Guam 96911

COVERPHOTO BY GARY J.WILES.

TABLE OF CONTENTS

Page

Purpose . . . . . . . . . . . . . . . . . . . . . . . . iii

Guidebook Matrix . . . . . . . . . . . . . . . . . . . iv

Directory of Government Agencies . . . . . . . . . . . vi

Territorial Planning Commission and Subdivision
and Development Review Committee . . . . . . . . . . 1

Lard Use Zoning . . . . . . . . . . . . . . . . . . . . 3

Conditional Use . . . . . . . . . . . . . . . . . . . . 7

Change of Zone . . . . . . . . . . . . . . . . . . . . 10

Zoning Variance . . . . . . . . . . . . . . . . . . . . 14

Seashore Reserve Permit and Guam Territorial
Seashore Protection Commission . . . . . . . . . . . 17

Building Permit . . . . . . . . . . . . . . . . . . . . 21

Clearing and Grading Permits . . . . . . . . . . . . . 26

Sign Permit . . . . . . . . . . . . . . . . . . . . . . 30

Construction and Sanitary Permit . . . . . . . . . . . 31

Wetlands Permit . . . . . . . . . . . . . . . . . . . . 33

Flood Hazard Area Permit . . . . . . . . . . . . . . . 37

Army Corps of Engineers Permit . . . . . . . . . . . . 39

Subdivision of Property . . . . . . . . . . . . . . . . 43

Parental Subdivision of Property . . . . . . . . . . . 44

Housing Subdivision . . . . . . . . . . . . . . . . . . 46

Farmers Home Administration Subdivision . . . . . . . . 57

Condominium . . . . . . . . . . . . . . . . . . . . . . 61

Resort/Hotel Zone Development . . . . . . . . . . . . . 62

Guam Coastal Management Program and
Federal Consistency . . . . . . . . . . . . . . . . 63

Page

Environmental Impact Assessment and
Enviromental Impact Statement . . . . . . . . . . . 64

Aquifer Protection Review . . . . . . . . . . . . . . 66

Air Installation Compatible Use Zones . . . . . . . . 67

Environmental Protection Plan . . . . . . . . . . . . 68

Erosion Control Plan . . . . . . . . . . . . . . . . . 69

Well Drilling and Operating Permi t . . . . . . . . . . 70

Water Pollution Discharge Permit . . . . . . . . . . . 71

Air Pollution Source Construction
and Operating Permit . . . . . . . . . . . . . . . 72

Open-Burning Permit . . . . . . . . . . . . . . . . . 73

Underground Injection Control Permit . . . . . . . . . 74

Spill Prevention Control and
Countermeasure Plan Clearance . . . . . . . . . . . 75

Sewer Connection /Septic Tank Permit . . . . . . . . . 76

Sewer Construction Permit Clearance . . . . . . . . . 77

Solid Waste Collection and Disposal Permit . . . . . . 78

Hazardous Waste Ma,nagement Permit . . . . . . . . . . 79

Pesticide Dealer and Applicator License . . . . . . . 80

PURPOSE

The purpose of this GUIDE is to acquaint the public
with laws, regulations, permits, clearances and established
guidelines for development on Guam. The term "development"
is employed here in its broadest sense, encompassing all
categories of construction, earthmoving, and agriculture, as
well as other types of land use and water-oriented
construction.

This GUIDE delineates each type of requirement for
development by summarizing its purpose and nature, citing
the Government agency with authority for approval,
describing the application review process, presenting fac-
similes of appropriate applications, and suggesting
additional references for more detailed information.

Developers are advised to consult with the appropriate
government agencies as early as possible in the project
planning stage. Staff at the Department of Public Works,
the Department of Land Management, the Guam Environmental
Protection Agency and the Bureau of Planning are helpful in
determining which laws, regulations, permits and clearances
are required for a particular project. Also, the matrix on
pages iv and v lists requirements for some of the more
common types of development.

GUIDEBOOK MATRIX

This matrix lists common types of developments as
well as general location where such developments
typically occur. If your proposed development or
your proposed location is not listed in the matrix,
and you are unsure of which requirements apply,
consult the Bureau of Planning for advice.

WHERE
IS THE DEVELOPMENT?

(EA See same requirements as for "Every Area")
(NA Not considered as a likely location for
proposed development)

WHAT E_" A R1 RZ Comittercliall MI M2
ISTHE DEVELOPMENT? Area zom Zom Zom zotte ZoM Zone z0ne
Single-family residence 21 3 3 a 3 3 7 7
Multi-familyrvsiclence 21,68 10 10 3 7 3 7 7
Subdivision 21,68,43 10,46 3 3 3 3 7 7
Commercial building 21,68 7 10 10 3 3 3 7
Hotel/Resort 21,31,68,62 10 10 3 7 10 10 3
Condominium 21,68,61 10 10 3 7 3 7 7
Manufacturing 21,68 10 10 10 10 3 3 10
Industrial 21,68 10 10 10 10 7 3 10
C!earing/grading land 26,69 EA EA EA EA EA EA EA
Eating/drinking
establishment 21,31,68 7 10 10 3 3 3 7
Institutional facility 21,31,68 7 10 10 7 3 3 7
Storm-ater disposal 21,68,71,74 EA EA EA EA EA 7
Boat ramps, seawalls,
piers 21,68M,17,39 7 10 10 7 3 3 7
Dredging or filling of
wetland and bodies of 21,68,33,39,64
water 17 EA EA EA EA EA EA EA

USING THIS MATRIX

In the left column, WHAT IS THE DEVELOPMENT?,
identify your proposed development. Along the top
row, WHERE IS THE DEVELOPMENT% determine the
location of your proposed development. The
intersecting box lists page numbers of the specific
laws, regulations, permits and guidelines applicable
to your proposed development.

Additionally, those pages listed under the first
intersecting box, designated as "Every Area are
also likely to be applicable to your development,
regardless of its location.

WHERE
IS THE DEVELOPMENT?

(EA See same requirements as for "Every Area")
(NA Not considered as a likely location for
proposed development)

Flood Environmentally Territorial Aquifer
N6-ndal Hazard AICUZ sensiti" Semhore Recharge
Wetland. Waters Area Zone Area Rese- Area
33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 39 37 67 a 17 66
33,39 39 37 67 64. 17 66
33,39 NA 37 EA 64 17 EA

33,39 NA 37 67 64 17 66
33,39 NA 37 67 64 17 66
33,39 64 37 EA 64 17 66

33,39 FA 37 V EA EA NA

EA EA 37 67 EA EA NA

DIRECTORY OF GOVERNMENT AGENCIES

Administrator
Guam Environmental Protection Agency
Government of Guam
Harmon Plaza, Tamuning P.O. Box 2999
Telephone: 646-8864/5 Agana, Guam 96910

Area Supervisor, Farmers Home Administration
Suite 407, PON Building, Agana 238 O'Hara Street
Telephone: 472-7483 Agana, Guam 96910
472-7361, and 472-7251

Building Official, Department of Public Works
Building Permits and Inspections
Building "B", Tumon P.O. Box 2950
Telephone: 646-5831, Agana, Guam 96910
Ext. 222-224 or
646-7951

Director, Bureau of Planning
Government of Guam
159-C West Hospital Road, Tamuning P.O. Box 2950
Telephone: 646-9136 thru 8 Agana, Guam 96910

Director, Department of Land Management
Government of Guam
Administration Building, Agana P.O. Box 2950
Telephone: 472-8851 thru 4 Agana, Guam 96910

Executive Secretary, Territorial Planning Commission
Department of Land Management
Administration Building, Agana P.O. Box 2950
Telephone: 472-8851 thru 4 Agana, Guam 96910

Guam Operations Office, US.ACOE
Suite 950, PON Building, Agana 238 O'Hara Street
Telephone: 344-5303 Agana, Guam 96910

Director, Public Health & Social Services
Division of Environmental Health
Compliance and Training Section
Route 10, Mangilao P.O. Box-2816
Telephone: 734-2671, Agana, Guam 96910
734-2931 thru 9
734-2951 thru 9, ext. 301, 315,
or 225

TERRITORIAL PLANNING COMMISSION
and SUBDIVISION AND DEVELOPMENT REVIEW COMMITTEE

The Territorial Planning Commission (TPC) is a decision-
making body empowered to grant zone changes, conditional uses
and variances from land use laws and regulations.

The actual administration of local land use laws and
regulations, however, rests primarily with the Department of
Land Management; and its Director serves as the Executive
Secretary of the TPC. The Territorial Planner and staff of
the Planning Division, Department of Land Management, perform
the research, administration and enforcement functions on
behalf of TPC.

The TPC's technical review process is performed by the
Subdivision and Development Review Committee (SDRC) which is
composed of representatives from each of the following
agencies: Department of Land Management (as Chairperson),
Bureau of Planning, Department of Public Works (two repre-
sentatives), Guam Environmental Protection Agency, Department
of Agriculture, Public Utility Agency of Guam, Department of
Parks and Recreation, Fire Department, and the Chamorro
Language Commission. The SDRC provides technical
recommendations to the Territorial Planning Commission for
final consideration in deciding on an applicant's request.
This review process usually requires three to four week's
time, unless complexities of a project or inadequacies of a
submittal require additional reviews.

The TPC considers comments and recommendations from the
SDRC in deciding on matters brought before the Commission.
TPC and SDRC meetings are open to the public. It is necessary
for an applicant or his representative to appear before the
TPC and/or the SDRC as scheduled, to present the request along
with the necessary supporting data and documents. TPC usually
meets on the second and fourth Thursday of each month, in the
afternoon. The SDRC usually meets on the first and third
Thursday of each month, in the morning. All meetings are held
in the conference room, Department of Land Management.
Applications must be submitted at least two weeks in advance
of a scheduled review meeting. In general, all but minor
requests (as determined by the Territorial Planner) must be
reviewed by the SDRC before consideration by the TPC.

After obtaining TPC approval and prior to construction,
the applicant must obtain a Building Permit from the
Department of Public Works. After construction, a field
inspection is conducted by Land Management staff -to certify
compliance with any TPC stipulated condition. If TPC
conditions and construction standards have been met, an occu-
pancy permit may then be issued by the Building Official.

If a request is denied by TPC, the applicant may submit
an appeal to the Superior Court of Guam within 15 days
following the TPC decision.

Reference: "Guam Coastal Management Program and Draft
Environmental Impact Statement," U.S.
Department of Commerce, NOAA, Office of
Coastal Zone Management, 1978.

Authority: Executive Order No. 78-2.

Application forms and further information about either
the TPC or the SDRC may be obtained from the Executive
Secretary, Territorial Planning Commission.

LAND USE ZONING

Guam's Zoning Law establishes regulations in order to:
encourage the most appropriate uses of land; provide adequate
open spaces around buildings; prevent undue concentration of
population; assure adequate provisions for schools, parks,
recreation and other infrastructure; and control the types of
development which would create a nuisance and/or a health and
safety hazard.

Private properties on Guam are divided into eight zones:

"A" - Rural Zone
"Rl" - One-Family Dwelling Zone
"R2" - Multiple-Family Dwelling Zone
I.C1. - Commercial Zone
I.P.. - Automobile Parking Zone
"M13' - Light Industrial Zone
"MV - Heavy Industrial Zone
'H" - Resort Hotel Zone

These zones are depicted on Official Zoning Maps,
available at the Planning Division of the Department of Land
Management. Each zone has permitted uses and conditional uses
as well as height limitations and yard setback restrictions.
If a proposed development is a permitted use and complies with
the zone's regulations, Government review and approval is not
necessary by either the SDRC or the TPC.

The permitted uses for Guam's land use zones are as
f ol I ows .

"A" Rural Zone Permitted Uses

1. One-family dwellings and duplexes.
2. Farming and fisheries, including all types of
activities and pursuits customarily carried on
in the field. of agriculture and fisheries,
including the raising of crops and fruits,
poultry and livestock, grazing and dairying,
and tree and other vegetative production,
whether for commercial or personal uses.
3. Uses customarily accessory to any of the above
uses, including home occupations and private
automobile parking areas as well as accessory
buildings and structures such as private
garages, warehouses, barns, corrals, or other
similar structures.

"Rl" - One-Family Dwelling Zone Permitted Uses

1. One-family dwellings.
2. Gardening and the keeping of pets for non-com-
mercial purposes.
3. Uses customarily accessory to any of the above
uses, including home occupations and private
parking areas with accessory buildings and
structures.

"R2" - Multiple-Famil.% welling Zone Permitted Uses

1. One-family dwellings.
2. Duplexes.
3. Multi-family dwellings.
4. Hotels, private groups and institutions.
5. Accessory uses and structures for the above.

"C" Commercial Zone Permitted Uses

1. One-family dwellings.
2. Duplexes.
3. Wholesale and retail stores, shops and
businesses.
4. Amusement enterprises.
5. Automobile service stations, including minor
repairs.
6. Bakeries.
7. Mortuaries.
8. Offices, business or professional, and banks.
9. Personal service shops, including barber shops,
beauty parlors, laundromats, and the like.
10. Repair shops and se 'rvice shops, including shoe
repair shops, plumbing shops, dressmaking
shops, and the like, but not including
automobile repair shops for major work.
11. Restaurants and cafes.
12. Studios.
13. Other uses which, in the judgment of the
Commission as evidenced by resolution in
writing, are similar tothose listed herein.
14. Uses customarily accessory to any of the above-
listed uses, including only those accessory to
manufacturing, storage, compounding, or
processing activities which are necessary for
the ordinary conduct of-said listed uses and
which are an integral part thereof.
15. Accessory structures for the above.

"P" Automobile Parking Zone Permitted Uses

1. Public or commercial parking areas and garages.
2. 'Public access to adjoini.ng parking areas.

3. Loading and unloading of automobiles or trucks,
but not to preclude the use of portions of
required parking spaces.
4. Service vehicle storage, after commercial
business hours.
5. Utilities and public facilities.
6. Accessory uses and structur-es for the above.

"MV - Light Industrial Zone Permitted Uses

1. Any use permitted with or without condition in
the commercial zone.
2. The manufacturing, compounding, processing or
treating of such products as drugs, cosmetics,
and food products (not including fish and meat
products nor the rendering of fats and oils).
3. The manufacturing, compounding, assembling or
treating of articles or merchandise from pre-
viously prepared materials.
4. Automobile repair shops including painting,
body and fender work, and rebuilding; truck and
tractor repairing; and tire retreading.
5. Bottling and packaging plants.
6. Ceramic products manufacturing.
7. Laundries and cleaning and dyeing establish-
ments
8. Machi4 shops and sheetmetal shops.
9. Warehouses and cold storage plants.
10. Lumber yards, building material salesyards,
contractor's equipment storage yards, and the
1 i ke.
11. Other uses which, in the judgment of the
Commission as evidenced by resolution in
writing, are similar to those listed herein.
12. Uses customarily accessory to any of the above-
listed uses and accessory buildings.

"MV - Heavy Industrial Zone Permitted Uses

1. Any uses permitted in the "MV zone, excepting
residential use.
2. Junk yards, under the special provisions set
forth in Chapter X of Title XVIII, Government
Code of Guam.
3. Any other uses not specifically prohibited by
law, including those which are or may be
objectionable, obnoxious, or offensive by
reason of odor, dust, smoke, noise, gas fumes,
cinders, vibrations, or water-carried waste.
4. Uses customarily accessory to any of the uses
herein permitted, and accessory buildings and
structures.

"H" - Resort Hotel Zone Permitted Uses

(All uses in this Zone are considered as Conditional
U s e s

Authority: Chapter III, Title XVIII, Government Code of
Guam

For additional information, contact the Executive
Secretary, Territorial Planning Commission.

CONDITIONAL USE

In addition to permitted uses in each of the eight land
use zones, conditional uses may be allowed by the TPC. An
application for a proposed conditional use (see Exhibit CU-1)
must be submitted in 20 copies and requires a description of
the subject property; a description of the nature of the
proposed conditional use; a map depicting all existing
structures and uses on the subject property; a map depicting
all significant buildings and uses within 750 feet of the
subject property's boundary; and a written statement
explaining the compatibility of the proposed conditional use
with neighboring developments. The permit application fee is
$10 and must be filed at the Department of Land Management.

The conditional uses for each zone are as follows.

"A" - Rural Zone Conditional Uses

1. Parks, playgrounds and community centers.
2. Biological gardens
3. Schools and churches.
4. Hospitals, sanitariums, and institutional uses.
5. Cemeteries.
6. Recreational uses including golf courses,
cockpits, marinas, beaches, swimming pools,
and accessory residential and commercial uses.
7. Extractive industry.
8. Utilities and public facilities.
9. Wholesale and retail stores, shops and
businesses.
10. Automobile service stations, including service
shops.
11. Accessory uses and structures for the above.

"Rl" - One-Family Dwelling Zone Conditional Uses

1. Duplexes.
2. Schools and churches.
3. Parks, playgrounds, and community centers.
4. Health service office, outpatient with
laboratory.
5. Utilities and public facilities.

"R2" - Multiple-Family Dwelling Zone Conditional Uses

1. Any conditional uses permitted in the "RV
zone.
2. Health clinics.

3. Utilities and public facilities.
4. Air, bus, taxi, auto, rental terminals.
5. Accessory uses and structures for the above.

"C" Commercial Zone Conditional Uses

1, Hospital and clinics.
2. Public utility and other public buildings.
3. Shopping center.
4. Recreation, including cockpits, marinas,
amusement centers, drive-in theatres.
5. Multi-family residences.
6. Hotels, motels, tourist accommodations.,
7. Air, bus, taxi, auto rental terminals.
8. Auto sales and car wash.
9. Parking garage and lots.
10. Service vehicle storage.
11. Laundries and cleaning and dyei ng
establishments.
12. Schools and churches.
13. Parks, playgrounds, community centers.
14. Utilities and public facilities.
15. Accessory uses and structures for the above.

"P" - Parking Zone Conditional Uses

(There are no conditional uses in this zone).

"M1" - Light Industrial Zone Conditional Uses

1. Other industrial uses not objectionable,
obnoxious or offensive by reason of odor,
dust, smoke, noise, gas fumes, cinders, vibra-
tion, flashing lights, or water-carried waste.
2. Utilities and public facilities.
3. Accessory uses and buildings for the above.

"M2" - Heavy Industrial Zone Conditional Uses

1. All residential uses.
2. Accessory uses and structures for the above.

"H" - Resort Hotel Zone Conditional Uses

1. All tourist related activities.

Authority: Chapter III, Title XVIII, Government Code of
Guam

For more information-, contact the Executive Secretary,
Territorial Planning Commission.

EXHIBIT CU-1
Application for
CONDITIONAL USE
(for example only)

1. Name of Applicant
Mailing Address
Phone Number: Home Business or Work

2. Location, Bescription and Ownership
Subdivision Name Lot No.
Block Tract Village
Municipality Register Owner
Certificate of Title No. Recorded Bocument No.
Lot Area Square Meters Square Feet

3. Land Use and Proposed Use
Existing Use
Proposed Use Present Zoning
Master Plan

4. Justification of Conditional Use

5. It is understood that only the particular use described
in this application and condition said fortb by the
Territorial Planning Commission shall be authorized.

6. Supporting Inforoation:

(a) 20 copies of a plan showing: a vicinity map, lot
lines and area of subject lot, location of all
existing structures, proposed structures, parking
and loading areas, access and traffic circulation,
open space, landscaping, signs and setback
distances.
(b) A written statement explaining the compatibility of
the proposed project with adjacent and neighborhood
developL?ents as they exist.
(c) 20 sets of a map showing all significant buildings
or uses within 750' of subject lot.

Additional inforDation as may be required by the Chief
Planner.

I hereby certify that all information contained in this
application and its suppleLients are true and correct. I also
understand that any nisrepresentation in this application will
void the entire subz7ission.

Bate Applicant

Bate Representative for the
Applicant

CHANGE OF ZONE

If a proposed development or land use i s not permitted as
either a variance or a conditional use, application may be
made for a zone change. The Territorial Planning Commission
may grant a change in the zoning of property, with the subse-
quent approval of the Governor, if it finds that the action
will serve public necessity, public convenience and general
welfare.

The zone change application (see Exhibits ZC-1 and ZC-2)
must be submitted in 20 copies and requires a description of
the subject property; a master plan of the subject property's
proposed development; a letter of justification dem ,onstrating
how the request meets the conditions, as established by law,
for a zone change; as well as:

a) A map depicting existing zoning within 1000 feet
of the subject property's boundary;

b ) A-map depicting existing land use of all parcels
within 750 feet of the subject property's
boundary; and

c) A map depicting the lot number of all lots
within 500 'feet of the subject property's
boundary, including a notarized list of the name
and mailing address of each lot owner.

Each application must first be reviewed by the SDRC and
at a public hearing before being heard by the TPC. In
addition to the application processing fee of $10, the
applicant must pay the expenses f.or a newspaper notice
regarding the public hearing.

Review time for a change of zone, including SDRC, a
public hearing and TPC, is approximately 12 weeks.

Authority: Chapter XIII, Table XVIII, Government Code of
Guam.

For more information, contact the Executive Secretary,
Territorial Planning Commission.

EXHIBITZC-1
Application for
ZONECHANGE
(for example only)

1. Name of Applicant
Mailing Address
Phone Number: Rome Business or Work

2. Location, Description and Ownership
Subdivision Name Lot No.
Block Tract Village
Municipality Registered Owner
Certificate of Title No. Registered Owner
Lot Area Square Meters Square Feet

3. Land Use and Proposed Use
Existing Use
Proposed Use
Present Zoning

4. Brief summary of intentions and purpose of the zone
change.

5. Supporting Information.

(a) 20 sets of map showing the existing zoning within
1,000 feet around the outer border of the parcels
requested for change.

(b) 20 sets of map showing all parcels within 750 feet
of the outer property lines of the subject lot.

(1) Lot number on every parcel.

(2) Identify all existing land uses on all parcels, by
name as well as by use.

(3) Show all easements and roads within and adjacent to
the property, their widths, plus condition of
surfaces.

(4) The nearest location of all public utilities to the
subject lot.

(5) The document number of the most recent survey map
recorded at Land Management, showing the subject
property.

(c) 20 sets of map showing, all parcels within 500 feet
of the outer property line of the subject lot. Each
parcel shall be identified with property lot number.
Also see property owner- list, Exhibit ZC-2.

(d) In letter from to Territorial Planning Commission
(to he attached), the applicant must demonstrate to
t,he Commission (in detail) that this request is of
public necessity, for general convenience, and for
the general welfare of the public.

6. A detailed Master Plan of the proposed development to
include the following: layouts of utilities, drainage,
and waste disposal systems; topography; existin_- faults;
sink holes; water courses; reservations; conservation and
historic places, if any.

7. Additional information as may be required by the Chief
Planner.

8. Application fee is $10.

I bepeby certify that all informatlon contained -in this
application and its supplements are true and correct. I also
understand that any misrepresentation in this application will
void the entire submission.

Bate Applicant(s)
Owner or Lessor

Representative

NOTE: All approvals by the Commission, with conditions, must
be completed prior to the issuance of an occupancy
permi t.

EXHIBITZC-2
LIST OF PROPERTY OWNERS
(for example only)

A list of all property owners within 500 feet radius is. re-
quired by law. This list zust contain the name and mailing
address with the tract, lot, and block Dumber for every parcel
within 500 feet of the exterior boundary of the requested
change. All government records as well as Village
Commissioners must be consulted for the most current infor-
mation.

--------------------------------------------------------------

LOT BLOCK LOT BLOCK

TRACT MUN TRACT MIN

OWNER OWNER
---------------------- - -------------------------

ADDRESS ADDRESS

--------------------------- ------------------------------

LOT BLOCK LOT BLOCK

TRACT MUJV TRACT NUN

OWNER OWNER

ADDRESS ADDRESS

--------------------------- ------------------------------

LOT BLOCK LOT BLOCK

TRACT MUN TRACT MUN

OWNER OWNER

ADDRESS ADDRESS

--------------------------- ------------------------------

This Form Must Be Signed And Notarized

NOTICE!!

If all property owners witbin 500 feet are not included,
this entire application is subject to rejection at any
time.

ZONE VARIANCE

The TPC is authorized to grant zoning variances on a
case-by-case basis where it finds that the following condi-
tions, as established by law, are met.

a) Strict application of the Zoning Law (without the
requested variance) would create practical diffi-
culties and unnecessary hardships.
b) Exceptional circumstances prevail at the subject
property.
c) Such variance would not be materially det ,rimental to
the public welfare or to the neighboring properties.

Such authorizations by TPC may include the following,
among other, variances.

a) Extension of a conforming building or use into an
adjoining zone.
b) Addition to a non-conforming structure.
c) Modification of height, yard, density and parking
regulations.
d) Other variances which are consistent with the intent
of the Zoning, Subdivision and other land-use laws.

The application for a Subdivision and Waiver of
Improvements Variance (see Exhibit ZV-1) must be submitted in
20 copies and requires a description of the property; a map
depicting topographical, rights-of-way, and infrastructure
data; a map depicting the lot number of all lots within 500
feet of the subject property, including a notarized list of
the name and mailing address of each lot owner, if the subject
property is not.served by public utilities; and a letter of
justification demonstrating how the request meets the
conditions, established by law, for a variance.

Every application for a variance must be reviewed by the
Subdivision and Development Review Committee and by the
Territorial Planning Commission. 'Certain variance requests
may be required to be presented at a public hearing, as well.
The application processing fee is $15 and must be filed with
the Department of Land Management.

Authority: Chapter XIII, Title XVIII, Government Code of
Guam.

For additional information and guidance, contact the
Executive Secretary, Territorial Planning Commission.

EXHIBITZV-1
Application for
ZONE VARIANCE
(for example only)

1. Name of Applicant
Mailing Address
Phone Number: Home Business or Work

2. Location, Description and Ownership
Subdivision Name Lot No.
Block Tract Village
Municipality Registered Owner
Certificate of Title No. Recorded Document No.
Lot Area Square Meters Square Feet

3. Land Use and Proposed Use
Existing Use
Proposed Use Present Zoning
Master Plan

4. Nature of Variance (Describe specifically the nature of
the variance)

5. The following information must be attached to this ap-
plication:

(a) 20 sets of plans, drawn to scale, showing dimensions
and shape of lot; lot sizes; size and locations of
existing buildings; location and dimensions of
proposed buildings or alterations.

(b) 20 sets of dap showing all significant land uses
within 1000 feet radius of subject lot (8-1/2"x14").

(c) 20 sets of Dap showing all significant buildings or
uses within 750 feet of subject lot. On the same
dap, also show any natural or topographic
peculiarities of said lot (8-1/2"x14").

(d) 20 sets of dap showing all parcels with correct lot
number within 500 feet of subject lot (8-1/2"x14").
If this request requires public bearing, provide
names of property owners and addresses within 500
feet radius.

(e) Document number of the ost recent survey ap,
recorded in Land Management, showing the subject
property.

(f) Other additional information as Day be required by
the Territorial Planner.

6. Justification of Variance. BemoDstrate to the Commission
(on attached letter) that:

(a) The provision of this Title would not result in
practical difficulties or unnecessary hardships
inconsistent with the intent of the law;

(b) Special conditions are peculiar to the land or
building in question that do not apply generally to
other property in the same zone; and

I
(c) The granting of such variance will not be contrary
to the objectives of the master plan, and will not
be detrimental to the public welfare or injurious to
the properties or improvements in the neighborhood
in which the property is located.

7. Application fee is $15.

I hereby certify that all information contained in this
application and its supplements are true and correct. I also
understand that any misrepresentation in this application will
void the entire submission.

(THIS FORM MAY NOT BE MAILED. APPLICANT, OR REPRESENTATIVE,
MUST SUBMIT IN PERSON TO THE PLANNING DIVISION, DEPARTMENT OF
LAND MANAGEMENT)

SEASHORE RESERVE PERWU
and (GUAM TERR91FORDAL SEASHORE PRaIK-ION COMMESS'ON

The Territorial Seashore Reserve is public property
Guam. The Reserve includes that land and water extc!icl."
seaward to the ten fathom contour (including all 4s:a,:c';
within the Government's jurisdiction, except Cabras Is'!,,,.d a,
those villages where residences have been constructed -_@I-or-.
1974) and extending inland to the nearest point of either

a) a distance on -the horizontal plane of 10 meters -..8
feet) from the mean high water mark; or
b) from the mean high water mark to the inland edtI,- cf
the nearest public right-of-way.

The Guam Territorial Seashore Protection Commiss-i*cil
(TSPC) has jurisdiction over the seashore reserve and a,iy
proposed development within the reserve must first be gra.i-ad
a permit from the TSPC.

Applicants for such a permit (see Exhibit TSPC-1) shall
demonstrate that the development will not have any substantial
adverse environmental effect; that the development @Is
consistent with the objectives of the Territorial Seastio-e
Protection Act; and that the following conditions are assureo.

a) Access to beaches and recreation areas is increased
through dedication.
b) Visual clearance is maintained between the nearest
coastal highway and the sea.
c) Public recreation areas and wildlife preserves are
reserved.
d) Solid and liquid waste management will minimize or
eliminate adverse environmental effects.
e) The potential dangers of flooding, landslides, ero-
sion, and siltation are minimized or eliminated.

The Seashore Clearance Application (see Exhibit TSPC-1)
must be submitted in 20 copies and include applicant and lot
identification data; existing and propo,sed uses and zones; a
description of the proposed development; as well as the
following two maps.

a) One map depicting vicinity and lot. lines; existing
and proposed structures; pedes(trian and vehicular
access; landscaping, open spaces; and setbacks.

b) One map depicting the following activities within 750
feet of the subject property's boundary:

land uses and zoning
wastewater facilities
water courses
coastline
stormwater drainage
vegetation
flooding areas
historical sites

Upon filing of a permit application and supporting docu-
ments with the Department of Land Management, the SDRC will
review the material and a public hearing will be conducted.
Then the TSPC will meet to review the application, SDRC recom-
mendations, public hearing results and other comments and
render a final decision.

The cost for filing is $15, and the applicant must also
pay for the newspaper expense of publishing the notice for a
public hearing. The review process will take approximately 7
weeks for the applicant's proposal to be formally reviewed by
the SDRC, at the public hearing, and by the TSPC.

Reference: "Territorial Seashore Protection Act,"
Department of Land Management, 1980.

Authority: Chapter V-A, Title XIV, Seashore Protection
Act (as amended), Government Code of Guam.
Contact the Director, Department 'of Land Management for
further information.

EXHIBIT TSPC-1
Application for
SEASHORE CLEARANCE
(for example only)

The undersigned owner(s)llessor(s), of' the following legally
described properties, situated within 10 meters inland from
the mean high water mark, or seaward to the 10 fathom contour,
do hereby request your consideration for:

Zone Change Conditional Use Variance
Subdivision Improvement Parceling
Waiver of Subdivision Improvement
Building Construction
Renovation Demolition Dredging
Excavation Miscellaneous

---------------------------------------------------------

1. Name of Applicant
Mailing Address
Phone Number: Home work

2. Location, Description & Ownership
Lot No. Block Tract
Village Municipality
Registered Owner
Certificate of Title
Recorded Document No.
Lot Area Square Meters Square Feet

3. Land Ilse
Existing Use
Present Zoning
Master Plan

4. Nature of this request

5. Supporting information. Attach 20 sets of plan or map for
review. Complete only those applicable to this
application.

a. Commercial'Activities

(1) 20 sets of drawing plans showing: A vicinity
map, lot lines and area of subject lot; loca-
tion of all existing structures, proposed
structures, parking and loading areas, access
and traffic circulation, open space,
landscaping, sign and setback distances.

(2) 20 sets of maps showing within 750' of the
subject property's boundaries, the following.

(a) land use and zoj7.zng.
(b) existing sewer line and
septic tankalleeching fields.
(c) existing water courses on property
(river, streams, aerobes, etc.)
(d) existing coastline along properties
(will be verified by Territorial
Surveyor).
(e) existing storawater drainage (if any)
SbOWiDg direction of flou or method of
disposal.
(f) existing vegetation, by type.
(g) areas subject to flooding (will be
verified by Land Management).
(b) existing historical sites or uni . que
features of the site.

b. Additional information, when required by the Chief
Planner.

(1) Nbat is the proposed method of solid waste
storage and collection?
(2) Boes proposed project provide additional public
access to the coast? If yes, please indicate
on map.
(3) Impact statement resulting from the land use
change or the proposed project.

Bate Applicant
Owner or Lessor

Representative

BUILDING PERMIT

A building permit is required for government agencies and
the-general public to do any of the following activities.

a) Constructing, installing, erecting or replacing
a building or part of a building -such as a
patio, porch, garage, outside kitchen, storage
shed, fence, wall, floor, roof, door, or window,
etc.
b ) Addi ng, repai ri ng, or replacing pl umbi ng,
electrical, and ventilation systems or struc-
tural foundations,
c) Constructing utility systems.
d) Demolishing any part of a building.
e) Any other development activity that may affect
the structure on a property.
f) The erection of signs, either free-standing or
attached to a structure.

In effect, a building permit is required for ALL con-
struction.

Building permits are issued by the Building Permits and
Inspections Division within the Department of Public Works.
Upon submittal of an application, DPW will identify those
agencies from which other clearances/permits must be obtained.

Agencies involved with clearances and permits may include
the following.

a) Guam Environmental Protecti on Agency
b) Department of Land Management
0 Department of Agriculture
d) Public Utility Agency of Guam
e) Guam Power Authority
f) Guam Fire Department
g) Department of Public Health and Social Services
h) Guam Housing and Urban Renewal Authority'
i) U.S. Army Corps of Engineers
j) Contractor's Licensing Board

Although cl-ear'ances from these agdncies may be usually
obtained within one 'day (not including permit application
transmittal time), review time varies with the complexity of
the project.

It. takes approximately 5 days for applications to undergo
plan-checking at Public Works for applicable structural,
architectural, mechanical, plumbing, electrical and hydraulic
review before the issuance of a permit.

The following schedule of building permit fees is
assessed according to the total valuation of construction.
The fees pertain to all construction except for single-family
and duplex residential structures; for these structures, the
total valuation fee is reduced by 50%.

Building Permit Fees

Total Valuation Fee

$1 to $500 $15
$501 to $2,000 $15 for the fi@st $50,
valuation plus $2 for eacl
additional .$100 valuatioi
or fraction thereof to ani
including $2,000.

$2,001 to $25,000 $45 for the first $2,000
valuation plus $9 for each
additional $1,000 valuation
or fraction thereof, to and
including $25,000.

$25,001 to $100,000 $414.50 for the first
$50,000 valuation plus
$4.50 for each additional
$1,000 valuation or
fraction thereof, to and
including $100,000.

$100,001 to $500,000 $639.50 for the first
$100,000 valuation plus
$3.50 for each additional
$1,000 valuation or
fraction thereof, to and
including $500,000.

$500,001 to $1,000,000 $2039.50 for the first
$500,000 valuation plus $3
for each additional $1,000
valuation or fraction
thereof, to and including
$1,000,000.

$1,000,001 and up $3539.50 for the first
$1,000,000 valuation plus
$2 for each additional
$1,000 valuation or frac-
tion thereof.

Other Inspections and Fees:

1. Inspections outside normal business
hours . . . ... . . . . . . . . . . . . $30 hour
(minimum charge is two hours)

2. Reinspection fees assessed under provisions of
Section 305 (g), Uniform Building
Code . . . . . . . . . . . . . . . . . $30 hour

3. Inspections for which no fee is specifically
indicated . . . * * * * * I * I I I * * $30 hour
(minimum charge is one-half hour)

4. Additional plan review required by changes,
additions or revisions to approved
plans . . . . . . . . . . . . . . . . . $30 / hour
(minimum charge is one-half hour)

A sample Building Permit is reproduced as Exhibit BP-1.

In addition to Building Permit fees, applicants are
assessed fees for plan-checking. Plan-che6king fees, which
must be paid in advance, are 50% of the cost of a Building
Permit for single-family dwelling construction and 65% of the
cost of a Building Permit for all other construction. A plan-
check is considered expired if a Building Permit is not issued
within 180 days after submittal of an application. Unless a
written request is made to the Department of Public Works and
approved, applicants must resubmit plans and pay a new plan-
check fee after 180 days.

All permitted construction, or work for which a Building
Permit is required, is subject to inspection. A fee is
assessed for each reinspection that is necessary when a
portion of the work for which inspection has been conducted is
either incomplete or not in compliance with plans.

If the required permits are not secured before commencing
work, the Building Official may require construction to be
stopped and assess double the fees for required DPW permits.
Payment of this double fee, however, does not exempt the
applicant from other legal requirements and fees.

References: Uniform Building Code, Uniform Plumbing
Code, Uniform Mechanical Code, National
Electrical Code, and Safety Code for
Elevators and Escalators.

Authority: Title XXXII, Government Code of Guam.

For further information, contact the Building Official,
Department of Public Works.

EXHIBIT BP-1
Application for
BUILDING PERMIT AND PLAN REVIEW
(for example only)

TO BE FILLED OUT BY BUILDING PERMIT STAFF ONLY

PLAN REVIEW RECORD

Architectural
Structural
NecbanicallFlumbing
Electrical
Hydraulics

ZONING PLAN EXAMINATION RECORD

District
Use
Front Yard
Side Yard
Rear Yard
Notes

APPROVAL BY OTHER AGENCIES

Land Management
Zone (use district)
Public Health
G.E.P.A.
Public Works
Engineering
Highways
Drainage
P. U. A. G.
Guam Power Authority
Fire Department
Public Safety

Permission is hereby given to the above work according to
conditions hereon and according to approved plans and speci-
fications pertaining thereto, subject to compliance with the
tfniforz7 Building Code of Guam.

VALIDATION

Building Permit Number Approved Valuation
Building Permit Issued Plan,Cbecking fee
Approved By Building Permit fee
Title Bate Total

CLEARING AND GRADING PERMITS

Permits for clearing trees and vegetation or for changing
the elevation of land through filling or grading are issued
by the Department of Public Works. All such permit applica-
tions are first referred to the Guam Environmental Protection
Agency for review of the applicant's erosion control measures
and Erosion Control Plan, as required by promulgated regula-
tions for soil erosion and sedimentation control. Unless
specifically exempted by such regulations, an Erosion Control
Plan is required by Grading and Clearing Permits for all
gra di ng, f i 11 i n g, exca vati n g or other ea rth -mo vi n g operati ons .
Such permit requirements apply to both private as well as
governmental (Territorial and Federal) projects.

Clearing permits may be usually obtained within two days.
There is no charge for clearing permits.

Grading permits take about 5 days for re vi ew, not
including transmittal time for the permit application. Plan-
checking and application fees for grading permits are assessed
according, to the volume of material graded or used for fill.
Generally, a permit for grading involving less than 100 cubic
yards of material is assessed a $15 plan-checking fee and a
$15 permit fee.

Plan-checking Fees

100 cubic yards or less . . . . . . . . . . . . $ 15.00
101 to 1000 cubic yards . . . . . . . . . . . . $ 22.50
1001 to 10,000 cubic yards . . . . . . . . . . $ 30.00
10,001 to 100,000 cubic yards'- $30 for the first
10,000 cubic yards, plus $15 for each additional
10,000 cubic yards or fraction thereof.

100,001 to 200,000 cubic yards - $165 for the first
100,000 cubic yards, plus $9 for each additional
10,000 cubic yards or fraction thereof.

200,001 cubic yards or more - $255 for the first
200,000 cubic yards, plus $4.50 for each additional
10,000 cubic yards or fraction thereof.

Other Fees:

Additional plan reviews required by changes, additions or
revisions to approved plans cost $30 / hour (minimum
charge is one-half hour)

Grading Permit Fees

50 cubic yards or less . . . . . . . . . . . . $ 15.00
51 to 100 cubic yards . . . . . . . . . . . . $ 22.50

101 to 1000 cubic yards - $22.50 for the first 100
cubic yards plus $10.50 for each additional 100
cubic yards or fraction thereof.

1001 to 10,000 cubic yards - $117 for the first
1,000 cubic yards, plus $9 for each additional 1,000
cubic yards or fraction thereof.

10,001 to 100,000 cubic yards - $198 for the first
10,000 cubic yards, plus $40.50 for each additional
10,000 cubic yards or fraction thereof.

100,001 cubic yards or more - $562.50 for the first
100,000 cubic yards, plus $22.50 for each additional
10,000 cubic yards or fraction thereof.

Other Inspections and Fees:

1. Inspections outside of normal
business hours . . . . . * * * . . . . $30 hour
(minimum charge is one-half ho ur)

2. Reinspection fees . . . . . . . . . . $30 hour

Note :

The fee for a grading permit authorizing
additional work to that approved under another
valid permit shall be the difference between
the fee paid for the original permit and the
fee assessed for the entire project.

A sample clearing and grading permit follows as Exhibit
& G-1.

Reference: Uniform Building Code.

Authority: Title XXXII, Government Code of Guam.

Further information may be obtained from the Building
O-fficial, Department of Public Works.

EXHIBIT C & G-1
Application for
CLEARING AND GRADING PERMIT
(for example only)

Permi t Number
Location Eng. Soils Report Est. Ouantity Permit Fee
Excav. Cu. Yd.
Fill Cu. Yd.
Located at
Lot Area Sq. Ft. Acres Overall Dimensions
Fill Material
Description of Soil:
Existing Ground
Estimated Starting Bate Estimated Completion Bate
Remarks
Owner Address Phone
Engineer Address Phone
Contractor Address Phone
Bate of Application Applicant
Application Revised By Bate

To the Applicant:

Permission is hereby given to do the above work according,
to the conditions hereon and according to the approval plans
and specifications pertaining thereto, subject to compliance
with Cbapter 70 of the U.B.C. No burning allowed on site
unless a burning permit bas been issued by the Fire
Department.

Remarks

Date Issued by

NOTE: Contractor shall notify this office two working
days before commencing any work and arrange for
necessary inspection.

Building Official
Department of Public Works

THIS PERMIT WILL EXPIRE ONE YEAR FROM BATE OF IS4FUE

I hereby certify that all work as required abov4O has been
completed in conformity with Chapter 70 of the U.B.C. and in
accordance with approved plans and specifications.

-Date Approved By
Government of Guam Inspector
Final Soils Report Bate Filed

2.9

SIGN PERMIT

In gencral, all signs for outdoor advertising and iden-
tification purposes iro regulated as to their number, size,
lighting and location. In single-family dwelling zones,
multi-family dwelling zones and agricultural zones the fol-
lowing types of signs are permitted, in accordance with
regulations.

Name of residence or name of permitted occupation.
Directional signs.
For Sale signs.
Building names and permitted uses.

In commercial zones, signs are permitted in accordance
with regulations for name of person, type of business and name
of building. Also, free-standing, double-faced identification
signs for shopping centers are permitted.

In industrial zones, signs are permitted for name of a
person or type of industry occupying the premises or the name
of the building.

Sign permits are issued by the Building Official,
Department of Public Works.

Reference: "Signs and You!" Planning Division,
Department of Land Management.

Authority: Chapter IX, Title XVIII, Government Code of
Guam.

Further information may be obtained from the Building
Official, Department of Public Works.

CONSTRUCTION AND SANITARY PERMIT

In addition to a Department of Public Works Buil-ding
Permit, a Construction Permit from the Department of Public
Health and Social Services is required for constructing,
reconstructing, or converting an existing structure to be used
as a "regulated establishment". Regulated establishments
include the following.

a) Eating and drinking establishments: restaurant,
cafeteria, mobile food service, bar, etc.

b) Food establishments: bakery, market, grocery, food
warehouse, cannery, ice plant, etc.

c) Institutional facilities: child care center, penal
institution, school, hospital, clinic, laboratory,
etc.

d) Hotel establishments: dormitory, hotel, lodge,
contract housing, private club, etc.

e) Cosmetic establishments: barber shop, beauty salon,
health spa, tattoo shop, etc.

f) Swimming pools: public pool, swimming or wading
pool used by any business, etc.

g) Laundries and dry cleaning establishments.

h) Cemeteries and mortuaries.

Complete, detailed plans of the regulated establishment
must be submitted to the Division of Environmental Health of
the Department of Public Health and Social Services. (Ap-
plicants are advised to have applications for Construction
Permits and DPW Building Permits reviewed concurrently to
reduce processing time). Applications will undergo applicable
civil, architectural, plumbing, mechanical and electrical
reviews. Five working days are required for plan review and.
recommendations. The fee for this Construction Permit is $25.
Upon completion of the project, the Department must be
informed at least 3 working days in advance of the intended
opening date in order to schedule the final inspection.

Before operating any regulated establishment, a Sanitary
Permit must be secured from the Department of Public Health
and Social Services. Processing time for this permit is 5
working days. Permit fees are assessed according to the
number of employees in the regulated establishment.

Specific application forms are not available.

Authority: Section 9510.1, D, Public Law 15-96.

Further information on Construction and Sanitary Permits
may be obtained from the Director, Department of Public Health
and Social Services.

WERANDS PERM17

Wetlands are one type of Area of Particular Concern.
Wetlands are defined as those areas inundated by surface or
groundwater with a frequency sufficient to support, and under
normal conditions do or would support, a prevalence of
vegetative or aquatic life that requires saturated or
seasonably saturated conditions for growth or reproduction.
Wetlands generally include swamps, marshes, mangroves, natural
ponds, surface springs, estuaries and similar such areas.
These areas are designated on official Wetland Areas Maps at
the Bureau of Planning, the Department of Land Management and
the Department of Agriculture, among other agencies. Those
areas which qualify as wetlands but are too small in size to
be depicted on the official maps are listed at the Department
of Agriculture and can be field verified by Agriculture staff.
The Director of Agriculture shall have the final determination
whether an area is subject to permit requirements governing
development in wetlands.

Before a permit is issued for development in a wetland a
tentative plan must be approved by the Territorial Planning
Commission. Such plan of proposed development shall include
the following information in sufficient detail for analyses by
the Territorial Planning Commission. A specific application
form is not available.

a) The name and address of the owner or owners of
record, the developer, and the person preparing the
map.
b) Date, north arrow and scale.
c) A key map locating the development in relation to
surrounding areas.
d) The exact length and bearing of the exterior
boundaries of the development, with data referenced
to the "Guam Geodetic Triangulation Control Network"
or such alternative system of triangulation control
as the Territorial Surveyor may direct.
e) The accurate placement. and outline of structures
existing on the site.
f) The location, names, and existing widths of
adjacent street rights-of-way.
g) Topography with contour intervals of two feet.
h) The location and dimensions of all known existing
easements and reservations.
i) The location of existing utilities and drainage
facilities located within or adjacent to the pro-
posed development.
j) The approximate layout and approximate dimensions
of each structure, facility or use proposed within
the development.
k) Areas intended to be reserved for public use.

Additionally, an environmental impact assessment may be
required; and a performance bond is required in the amount of
110% of the infrastructure costs.

All Wetland Permit applications are reviewed by the Sub-
division and Development Review Committee and by the
Territorial Planning Commission. Upon approval by the TPC,
the applicant should apply for the applicable US Army Corps of
Engineers permit for wetlands development and, thereafter, for
the applicable Building Permit. Construction must comply with
the standards for development and conservation of wetland
areas, as stated in the rules and regulations.

Reference: "Flood Hazard and Wetland@Areas" Rules and
Regulations. Planning Division, Department
of Land Management. April 1981.

Authority: Titles XVIII and XIV of the Government Code
of Guam and Executive Order No. 78-21.

For more information, contact the Director, Department of
Land Management.

EXHIBIT W-1
Application for
WETLANDS PERMIT
(for example only)

1. Name of Applicant
Mailing Address
Pbone Number: Home Business or Work

2. Location, Description and Ownersbip
Subdivision Name Lot No.
Block Tract Village
Municipality Register Owner
Certificate of Title No. Recorded Document No.
lot Area Square Meters Square Feet

3. Land Use and Proposed Use
Existing use
Proposed Use Present Zoning
Master Plan

4. Submit 20 sets of plans of the proposed development
depicting the following specific information.

(a) The name and address of the owner or owners of
record, of the developer, and of the person preparing
the map.

(b) Date, nortb arrow, and scale.

(d) The exact lengtb and bearing of the exterior
boundaries of the development, wbicb data sball be
referenced to the "Guam Geodetic Triangulation Con-
trol Network" or sucb alternative system of triangu-
lation control as the Territorial Surveyor may
direct.

.(e) The accurate placement and outline of structures
existing on the site.

(f) The location, names, and existing widtbs of adjacent
street rights-of-way.

(g) Topograpby witb contour intervals of two feet.

(b) The location and diDensions of all bnown existing
easements and reservations.

(i) The location of existing utilities and drainage faci-
I i ti es located within ar adjacent to the proposed
development.

The approximate layout and approximate dimensions of
each structure, facility, or use proposed within the
development.

(k) Areds intended to be reserved for public use.

5. Additional information as may be required by the Chief
Planner.

Bate Applicant
Owner or Lessor

Representative

NOTE: All approvals by the Commission, with conditions, must
be completed prior to the issuance of an occupancy
permi t.

FLOOD HAZARD AREA PERMIT

A flood hazard area is one type of Area of Particular
Concern. Flood hazard areas are defined as any land subject
to flooding conditions or susceptible to inundation (including
wetlands) and areas subject to a one percent or greater chance
of flooding in any given year. These areas are designated on
official Flood Hazard Area Maps at the Bureau of Planning, the
Department of Land Management and the Office of Civil Defense.

Before a permit is issued for development in a flood
hazard area, a tentative plan must be approved by the Building
Official, Department of Public Works. Such a plan of the
proposed development shall indicate the following information
in sufficient detail for engineering analysis. A specific
application form is not available.

a) The name and address of the owner or owners of
record, the developer, and the person preparing the
ma p -
b) Date, north arrow and scale.
c) A key map locating the development's relation to
surrounding areas.
d) The exact length and bearing of the exterior
boundaries of the development, referenced to the
Guam Geodetic Triangulation Control Network or such
alternative system or triangulation control as the
Territorial Surveyor may direct.
e) The accurate placement and outline of structures
existing on the site.
f) The location, names, and existing widths of adjacent
street rights-of-way.
g) Topography with contour intervals of two feet.
h) The location and dimensions of all known existing
easements and reservations.
i) The location of existing utilities and drainage
facilities located within or adjacent to the pro-
posed development.
i) The approximate layout and approximate dimensions of
each structure, facility or use proposed within the
development.
k) Areas intended to be reserved for public use.
1) A description of all floodproofing measures to be
utilized in the proposed development.
m) An indication of the water surface elevation of the
100-year flood if the development involves -a land
area greater than 50 lots or 5 acres.

Additionally, an environmental impact analysis may be
required. Before construction may proceed in compliance with
an approved Flood Hazard Area Permit and standards for flood

hazard area management, as stated in the rules and regula-
tions, a performance bond in the amount of 110% of the
infrastructure costs and other necessary permits must be
secured.

Reference: "Flood Hazard and Wetland Areas" Rules and
Regulations. Planning Division, Department
of Land Management. April 1981.

Authority: Titles XVIII and XIX of the Government Code
of Guam and Executive Order No. 78-20.

For further infumation, contact the Director, Department
of Land Management.

ARMY CORPS OF ENGINEERS PERMIT

The U.S. Army Corps of Engineers (ACOE) is responsible
for, among other things, protecting the nation's navigable
waters from obstructions and for maintaining the environmental
quality of water resources. A Corps permit is required to
perform work in, on, over or under all tidal waters. Permits
are required for dredging in all tidal waters and in some
wetlands. Also, the permanent or temporary placement or dis-
charge of dredged or fill materials into all tidal and non-
tidal waters and adjacent wetlands requires a permit.

Activities which require permits include, but are not
limited to, the following.

a) Construction of boat ramps, seawalls or other similar
structures and artificial reefs.
b) Placement of floats, piers or mooring buoys in tide
waters.
c) Discharging sand, gravel or other fill materials
into all waters and wetlands.
d) Filling of wetlands, rivers or other nontidal bodies
of water and filling of tidal waters.
e) Laying of underwater cables, tunnels or outfall
pipes in tide waters.

Applicants are expected to provide the following infor-
ma ti on .

a) A detailed description of the proposed activity,
including the purpose, use, type of structure, faci-
lities for handling waste, and the composition and
quantity of dredged or filled materials.
b) Names and addresses of adjoining property owners and
others who may be affected by the proposed activity.
c) Complete information on the project location in
enough detail so that a field visit may be conducted.
d) A list of the status of all other federal or local
government permits and clearances required for the
project.
e) A simple environmental impact assessment. A more
detailed EIA may be required for projects having
large, potential impacts.

The Corp's permit review process includes reviews by
Interested local agencies and organizations and may involve a
public hearing. The ACOE will not issue a permit until all
applicable ' Territorial regulations have been satisfied.
Review time may be reduced by simultaneous processing. if
there are no objections to the proposed activity, a permit may
be issued within 3 months after a completed application is
submitted.

The permit fee is $10 for non-commercial uses and $10C
for commercial uses. Maps of all on-tidal areas over which
the ACOE exercises permit jurisdiction are available for
review at the local ACOE office.

Copies of permit application forms are reproduced as
Exhibit ACOE-1. Permit fees are $100 for commercial and
industrial uses and $10 for non-commercial uses.

Violation of pertinent laws may result in the following
penalties: removal of materials followed by restoration; fines
from $500 to $5,000 per day; and/or imprisonment for up to one
year.

Reference: "U.S. Army Corps of Engineers Permit Program
- A Guide for Applicants," U.S. ACOE,
November 1977-(with supplements).

Authority: Section 10, River and Harbor Act of 1899;
Section 404, Clean Water Act; and Section
103, Marine, Protection, Research and Sanc-
tuaries Act.

More information about these permit regulations may be
obtained from the Guam Operations Office, U.S. Army Corps of
Engineers.

EXHIBIT US ACOE-1
Application for
DEPARTMENT OF THE ARMY PERMIT
CORPS OF ENGINEERS
(for example only)

One set of original drawings or good reproducible copies which
show the location and character of the proposed activity must
be attached to this application and be submitted to the Pis-
trict Engineer having jurisdiction over the location of the
proposed activity. An application that is not completed in
fall will be returned.

1. Application Number (To be assigned by Corps)

2. Name and Address of Applicant

3. Name, Address, and Title of Authorized Agent
Telephone no. during business hours

AIC ( (Residence)
AIC ( (office)

Statement of Authorization: I hereby designate and
authorize to act in my behalf asmy agent in the processing, of
this permit application and to furnish, upon request, supple-
mental information in support of the application.

Signature of Applicant Bate

4. Detailed Description of Proposed Activity

4a. Activity

4b. Purpose

4c. Discharge of dredged or fill material

Names and addresses of adjoining property owners,
lessees, etc., whose property also adjoins the waterway

6. Waterbody and location on waterbody where activity exists
or i@ proposed

7. Location on land where activity exists or is proposed

Address

Street, road, route or other descriptive location

County State Zip Code

Local governing body with jurisdiction over site

8. Is any portion of the activity for which authorization
is sought now complete? Yes NO
If answer is "Yes" give reasons, month and year the
activity was completed. Indicate the existing work on
the drbwings.

9. List all approvals or certifications and denials re-
ceived from other federal or local agencies for any
structures, construction, discharges or other activities
described in this application..

ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO.

BATE OF APPLICATION BATE OF APPROVAL DATE OF BENIAL

Signature of Applicant Bate

Signature of Agent Bate

SUBDOV9SOON OF PROPER1TY

The subdivision of land on Guam is regulated in order to
provide for the orderly growth and development of the
Territory; to ensure adequate traffic circulation through a
well planned street and highway system; to achieve maximum
utilization of property; to provide for water supply, storm-
water drainage, wastewater disposal and other public health
requirements; and to permit the conveyance of land by
accurate, legal descriptions.

The Subdivision Law provides that all properties parceled
or subdivided must obtain the approval of the Territorial
Planner and the Territorial Planning Commission to ensure that
the action is in compliance with legal requirements and the
master plan for Guam. Lot parcelling or subdivision maps must
be recorded at the Department of Land Management within a
period of nne year after approval.

If a proposed subdivision of property is not in confor-
mance with legal requirementS3 @a variance must be petitioned
from the Territorial Planning Commission.

Authority: Subdivision Law (P.L. 6-134), Title XIX,
Government Code of Guam.

The Director of Land Management should be consulted for
additional information about subdividing of property.

PARENTAL SUBDIVISION OF PROPERTY

In the subdivision of land which is an asset of the
estate of a decendent, requirements for utility improvements,
as,are otherwise required by Chapter V of the Subdivision Law,
do not apply. However, before the distribution of any such
land by the Court. The Territorial Planner or the Territorial
Planning commission may require street and utility easements
to be provided in order to ensure that the lot divisions are
consistent with both the area's general plan and with the
@equirements for utility improvements, as required' at non-
parental subdivisions.

:rhe application requirements are presented in-Exhibit PS-
1 .

Authority: Section 18001.5, Government Code of Guam.

For further information, contact the Executive Secretary,
Territorial Planning Commission.

EXHIBIT PS-1
Application for
PARENTAL SUBDIVISION OF PROPERTY
(for example only)

1. UPON SUBMISSION

a) All lot Sizes must conform with Zoning Law. (Mini-
mum Lot Size).

b) A Certified Copy of a Deed for the basic lot
indication ownership by the applicant in fee simple
for at least 5 years prior to the application.

c) A notarized statement by the applicant listing all
his living children or their descendants.

d) A map drawn in accordance with all applicable provi-
sions of the Government Code of Guam, indicating a
number of lots not to exceed the number of living
children and their descendants listed in the
notarized statement above.

2. BEFORE SIGNATURE OF THE TERRITORIAL PLANNER

a) Deeds for each lot shown on the above map. Such
lots shall be deeded in Fee Simple, and each Deed
must contain alienation clauses to the effect that
the children or descendants shall not sell, lease or
otherwise alienate said lots for a period of 5
years.

b) Upon Final Approval by the Territorial Planner. All
such Deeds and Maps must be filed for recording
within 5 days of said approval. If Deeds and maps
are not filed within this period, the Territorial
Planner's approval shall become Null and Void.

--------------------------------------------------------------

"NOTES

APPROVAL PURSUANT TO PUBLIC LAW 11-125 AND 13-153, SECTION
18001.5, THIS MAP MUST BE RECORDED PRIOR TO--------------. IF
NOT RECORDED, THE APPROVAL HEREIN IS NULL AND VOID. UPON
APPROVAL, THESE LOTS SHALL NOT BE SOLD OR LEASED WITHIN FIVE
(5) YEARS.

TERRITORIAL PLANNER DATE

HOUSING SUBDIVISION

Planning, surveying, and engineering design of housing
subdivisions must conform to regulations and standards esta-
blished by the Government of Guam. The format and require-
ments of housing subdivision plans are delineated by Guam's
Subdivision Law. A Tentative Subdivision Map and a Final
Subdivision Map are required for review and approval by the
Subdivision and Development Review Committee and by the
Territorial Planning Commission.

The Tentative Subdivision Map application (see Exhibit
TS-1) requires 20 sets of the following information.

a) Applicant and property identification data.
b ) Existing and proposed land uses and zoning.
c) Subdivision lot plan depicting sizes and locations
of all lots and rights-of-way; location of
existing infrastructure; and topography.
d) Plans for infrastructure improvements, including
grading, roads, water, sewer, stormwater drainage,
power and telecommunications.
e) Additional information which may be required by
the Territorial Planner.

The application fee is $10 plus $1 for each lot. Pro-
cessing time is approximately five weeks for review and
approval of a Tentative Subdivision Map, provided all
submittals are complete and comply with the established
requirements and regulations.

A Final Subdivision Map also requires approval by the
Territorial Planning Commission, and such a Map's requirements
are also specified by the Subdivision Law. The Final
Subdivision Map application (see Exhibits FS-1 and FS-2) re-
quires applicant and property description data and must
be accompanied by the following information.

a) Original a md 2 prints of the Final Subdivision
Map.
b) Print of the Tentative Subdivision Map, as ap-
proved by the TPC.
c) One set of all improvement plans, with approval
signatures by appropriate Government agency
directors responsible for utilities.
d) Either a certification by the Director of Public
Works that all improvements have been constructed
in accordance with the plans or a posted bond in
the amount of the cost of constructing the
improvements.

e) Where applicable, an original and 2 copies of the
following documents:

deed restrictions and covenants;
homeowner's association by-laws; and
instruments of dedication for, easements and
rights-of-way to the Government.

In the event that an applicant finds that subdivision and
improvement requirements cannot be met, a request for waiver
may be made to the Territorial Planning Commission through a
Subdivision and Waiver Improvement Variance application, see
Exhibit SV-1. The application fee is $10, and the application
must be reviewed by both the Subdivision and Development
Review Committee as well as the Territorial Planning
Commission. Such applications may be submitted and reviewed
simultaneously with a Tentative Subdivision application.

Authority: Title XIX, Government Code of Guam, as
amended by P.L. 12-90 and P.L. 13-69.

For further information and guidance, contact the Execu-
tive Secretary, Territorial Planning Commission.

EXHIBIT TS-1
Application for
TENTATIVE SUBDIVISION APPROVAL
(for example on/y)

Name of Applicant
Mailing Address
Phone Number: Home Work

2. Location, Description & Ownership
Subdivision Name Lot No.
Block Tract Village
Municipality Registered Owner
Certificate of Title Recorded Document No.
Lot Area Square Meters Square Feet

3. Land Use and Proposed Use
Existing b'se
Proposed Use
Present Zoning

4. Submit 20 sets of Tentative Subdivision Map and subdi-
vision improvements plans, prepared by a registered
engineer or surveyor, and statement of intent. All maps
and plans shall be clearly drafted, to scale, and 22" x
29' in size. Bata to he presented.

a. The tract number as issued by the Territorial
Planner.
b. The name and address of the owner or owners of
record, of the subdivider and of the person
preparing the map.
C. Bate, north arrow and scale.
d. A key .,map locating the subdivision in relation to
surrounding area.
e. The exact lengtba and bearings of the exterior
boundaries of the subdivision, referenced to the
"Guam Geodetic Triangulation Control Network" or
such alternative system of triangulation control as
the Territorial Surveyor may direct.
f. The accurate placement and outline of structures
existing on the site. .
9- The location, names and existing-widt.ho of adjacent
street rights-of-way.
b. The location and dimensions of all known existing
easements and reservations.
i. The location of existing utilities, sewers,
drainage ditches and other drainage facilities lo-
cated in, or adjacent to, the proposed subdivision.

j. The lot numbers and boundary lines of all adjacent
parcels Of land.
k. The location, width and direction of flows of all
water courses within the subdivision area.
1. Topography with contour intervals of two feet where
the ground slope is five percent or less or contour
intervals of five feet where the ground slope is
more than five percent.
m. The locations and widths of all existing or pro-
posed streets in the subdivision.
n. The approximate layout and dimensions of each lot.
o. Areas intended for public use.

5. Tqhe subdivider shall include a summary of proposed
improvements to be constructed in the subdivision, the
existing zone of the property, proposed lot uses and, in
the absence of zoning, the proposed setback requirements,
for individual lots.

6. Improvement plans shall include.

a. Street construction plans including, but not limited
to, grading, street centerline gradients, and
typical road cross-sections, specifying materials
and thickness.
b. Plans showing water, sewer, pipe sizes, routings,
gradients, pressures and regulators, and point-of-
origin of utilities.
C. Drainage plan in full detail showing the methods
and facilities for collection and disposal of
stormwater, to include capacity of channels for
accepting additional runoff.

7. Additional information as may be required by the Chief
Planner.

8. Initially, the subdivider may be required to submit con-
struction drawings or subdivision work to permit detailed
analysis of construction in conformity to lace and rules
and regulations of the Commission and to facilitate in-
spection of the improvements.

9. Application fee is $10 plus $1 for each lot of the subdi-
vision.

(THIS FORM AND ACCOMPANYING MATERIAL MAY ONLY BE SUBMITTED BY
APPOINTMENT. CONTACT PLANNING DIVISION, DEPARTMENT OF LAND
MANAGEMENT)

I certify tat all information contained in this application
and its supplements are true and correct. I also understand,
that any misrepresentation in this application will void the
entire submission.

Date Applicant

Date Representative for the
Applicant

EXHIBIT FS-1
Checklist for
FINAL SUBDIVISION APPROVAL
(for example only)

All final tract maps shall include the following.

1. Application Form for Final Subdivision Approval.

2. Original tracing and two prints of Final Subdivision
map.

3. One print of the Tentative Map, as approved by the
Territorial Planning Commission.

4. One set of all Improvevent Plans for the Subdivision
showing approval signature of:

a. Public Utility Agency ot Guam
b. Guam Power Authority
C. Guam gnvironmental Protection Agercy
d. Department of Public Works
e. If the map includes any areas to be dedicated to
the 6overnment for "Parks" or ?,open spaces, " a
letter from the Director of Parks and Recreation
statipff that agency's willingness to accept main-
tenance responsibility for all such areas.

5. One of the following concerning Subdivision Improvements.

a. If the required improvements have been completed and
accepted by Public Works, this oust be stated in a.
letter signed by the Director of Public Works.
b. If a bond has beer posted to cover the costs of
improvements, the appropriate forms signed by the
Director of Public Works and the Attorney General
shall be submitted.

6. Wherever applicable, the original and two copies of the
following written documerts for recording with the map.

a. Any deed restrictions or qovenants.
b. Homeowner's Association By Laws.
C. Appropriate instruments for the dedication of any
and all lands and improvements within the
subdiViSOD to the Government of Guam.
d. Appropriate instruments for the designation of any
and all easements for utilities, or other purposes,
within the subdivision.

Appropriate recording fees, to include costs of recording
the map and supporting documents at the Bepartment of
Land Management.

NO application for Territorial planning Commission
approval of a final subdivision map will be accepted by
the Bepartment of Land Management unless it includes all
the applicable maps, documents, bonds and fees as listed
above.

EXHIBIT FS-2
Application for
FINAL SUBDIVISION APPROVAL
(for example only)

Name Of Applicant (Owner)
Mailing Address
Pbone Mumber: Home Business or Work
Location Description Subdivision Name
Name of Registered Surveyor
New Lot No. Block Tract
Village Municipality
Former Basic Lot No. C. T. Document No.
Registration Date Existing Zoning
Existing Use Average Lot Size
Area Number of Lots
Proposed Use(s) on Property

List of Supporting information and instructions for form of
Final Subdivision Map.

All documents indicated on Final Subdivision MAPS Circular
No. FY76-01, final Map Form (see Exhibit FS-1).

(THIS FORM AND ACCOMPANYING MATERIAL MAY ONLY BE SUBMITTED BY
APPOINTMENT. CONTACT PLANNING DIVISION, DEPARTMENT OF LAND
MANAGEMENT)

I certify that all information contained in this application
and its supplements is true and correct. I also understand
that any misrepresentation witbin this application will void
the entire submission.

Date Applicant
Owner or Lessor

Date Representative

EXHIBIT SV-1
Application for
SUBDIVISION AND WAIVER IMPROVEMENT VARIANCE
(for example only)

Name
Mailing Address
Phone Number: Home Work

2. Location, Bescription & Ownership
Subdivision Name Lot No.
Block Tract Village
Municipality Registered Owner
Certificate of Title Recorded Bocument No.
Lot Area Square Meters Square Feet

3. Land Use
Existing Use
Present Zoning
Master Plan

4. Nature o-f Variance. Bescribe briefly, the nature of
variance.

5. Justification of Variance. Sections 18500 through 18501,
Chapter VI, requires that in order for a variance to be
granted, the application or subdivider must demonstrate
to the Commission (in a letter form to be attached) that:

(a) There are special circumstances or conditions
affecting said property.

(b) The variance is necessary for the preservation
and enjoyment of a substantial property rigbt.
(c) The granting of the variince will not be detrimental
to the public welfare or injurious to other
properties surrounding it.

(d) The variance, if granted, will conform to, the
general plan.

5. Supporting Information.

(a) 20 sets of map containing the following information.

1. Vicinity map sbowing relation of project to
major streets or other popular landmarks.

2. Name, address and phone number of Registered
Civil Engineer or surveyor.

3. The basic lot and requested divisions with
boundary line distances showing all easements
and lot areas.

4. All parcels, including easements and document
numbers of adjacent properties.

5. Location, names and widths of adjacent streets
and easements.

6. Sufficient contours to determine topography of
proposed Iota and roads.

7. Location and outlines of all existing buildings
and their uses.

8. Identify all existing utilities (water, power,
sewer and telephone).

9. Statement of water availability and method of
wastewater disposal.

10. Location, width and direction of flow of all
water courses and the location of downstream
disposal of stormwater.

7. Non-existing Public Utilities. In the event public uti-
lities are non-existing within the subject lot or the
surrounding area, the applicant or subdivider shall dis-
close the following.

(a) Method of Sewage Disposal

(b) The applicant must demonstrate to the Commission, in
detail, that this request is a public necessity, for
general public convenience, and for the general
welfare of the public.

(c) 20 sets of map showing all parcels within 500 feet
of the outer property line of the subject lot. Each
parcel shall be identified by proper lot numbers
(also see Property Owner List).

8. Additional information as may be required by the Chief
Planner.

9. Initially, the applicant may be required to submit a
master plan on the proposed use to permit detailed
analysis for compatibility of the surrounding uses.

10. Application fee is $10.

1 certify that the above statements are true and correct to
the best of my knowledge.

Signature of Applicant

, NO TE:

All approvals by the Commission, with conditions, must be
completed prior to the issuance of an occupancy permit.

FARMERS HOME ADMINISTRATION SUBDIVISION

The Farmers Home Administration (FmHA) makes a variety of
loans and grants for housing on Guam.

Programs fall into two broad categories: assistance for
persons of low and moderate income to own or improve their
single-family dwellings; and assistance to both owners and
tenants in multi-family housing facilities. The basic
programs are supplemented by special authorities for homesite
development, farm labor housing and technical assistance.

FmHA sponsors the development of subdivisions for low and
moderate income families. The houses and site improvements at
these subdivisions must meet Guam applicable FmHA planning and
design standards. Generally, the standards follow the esta-
blished HUD Minimum Property Standards with certain
adjustments by FmHA. Government of Guam subdivision
development standards must be met also.
FmHA subdivisions are Odeveloped in accordance with four
phases: Feasibility; Preliminary; Final Design; and Con-
struction. The respective Submittal check lists are repro-
duced as Exhibits FmHA -1, -2 and -3.

Developers interested in constructing an FmHA subdivision
are advised to first contact the local Area Supervisor,
Farmers Home Administration.

EXHIBIT FmHA-1
NEW OR UNIMPROVED EXISTING SUBDIVISION
FEASIBILITY SUBMITTAL
(for example only)

FvHA County Office 08 te
Loan Applicant's Name Phone
Loan Applicant's Address
Project Name
Project Location No. of Lots 7MK

CHECKLIST OF TECHNICAL DOCUMENTS REQUIRED

I. General Information Form
2. Topographic Map
3. Soils Report
4. Property Survey Map
5. Location Map
6. Preliminary Subdivision Plan
7. House plans and specifications (Schematic)
8. Minimum Room Areas and Interior Storage Requirements for
Single Family Projects
9. Evidence of Clearinghouse application
10. Applicant to fill in Form FmHA 1940-20, Request for
Environmental Informnation
11. County Supervisor to complete
12. Flood Plain Investigation
13. Market Survey
14. Affirmative Fair Housing Marketing Plan
15. Provide written statement by applicant that the
following services will be provided as noted.

A. Water
B. Sewage
C. Electricity
D. NA
E. Street Lighting
F. Telephone
G. Trash and Garbage Collection

EXHIBIT FmHA-2
Application for
FmHA NEW OR UNIMPROVED EXISTING SUBDIVISION
PRELIMINARY SUBMITTAL
(for example only)

FwRA County Office Bate
Loan Applicant's Name Phone
Loan Applicant's Address
Project Name
Project Location No. of Lots TMIff

CHECKLIST OF TECHNICAL DOCUMENTS REQUIRED
(Provide two copies for State Office. Documents from the
previous submittal which were omitted or needing corrections
must be resubmitted with this submittal.)

1. Open Common Areas
Statement by public body (or homeowner's association) of
maintenance of open common areas.

2. Engineering Exhibits

A. Subdivision Plan showing streets and lot layouts
with dimensions
B. Grading Plan
C. Drainage Plan and Details. Show connections to
public dedicated and maintained drainage systems,
extending to public dedicated easements.
B. Water Distribution Systems
E. Sewage Collection Systems
F. Letters of commitment from Utility Companies to
provide the follow services.

1) Water
2) Sewage
3) Electricity
4) Telephone

3. House plans and specifications (Final)

4. Subdivision Site Plan showing Liodel variation

5. Letter of Intent froz7 local autborities that they will
accept and L7aintain all public facilities including
sewage, water and streets

EXHIBIT FmHA-3
Application for
FmHA NEW OR UNIMPROVED EXISTING SUBDIVISION
FINAL SUBMITTAL
(for example only)

FzHJ County Office Bate
Loan Applicant's Name Phone
Loan Applicant's Address
Project Name
Project Location No. of Lots TMK

CHECKLIST OF TECHNICAL BOCUMENTS RE42UIRED
(Provide two copies, one each for State and County Offices.
Bocuments from the previous submittal which were omitted or
needing corrections must be resubmitted witb this submittal.)

1. Final copy of recorded covenants and restrictions, if any

2. Final copy of recorded subdivision plat

3. A certification from local governing authority that the
following items bave been dedicated and accepted for
continuous maintenance.

A. Street and Brainage Systems
B. Sanitary Sewage Systems
C. Water systems

4. All items requiring revision or more detailed
information, as determined by the State Office review of
the feasibility and preliminary submissions, will be
completed and included in this final submission.

5. As-built plans

CONDOMINOUM

Before a condominium project is offered for sale on Guam,
the developer must submit a notice of intent, an executed
declaration, by-laws and escrow agreements, a recorded certi-
ficate of title, and a $50 filing fee to the Department of
Land Management. The Territorial Planning Commission will
then issue a Preliminary Public Report regarding the proposed
condominium if the developer provides all information that
should be considered to protect a prospective buyer's funds.

Before a Final Public Report is issued, a site inspection
will be conducted by Land Management. Any unfinished
construction must be supported by a bond. If, after the
issuance of a Final Public Report, any changes in.the project
occur, the project must be resubmitted to Territorial Planning
Commission with required information for the issuance of a
Supplementary Public Report.

There is no specific application form. The review and
processing of the required information takes approximately 8
weeks.

Authority: P.L. 10-165, Horizontal Property Regime Act.

For additional guidance, contact the Executive Secretary,
Territorial Planning Commission.

RESORTIHOTEL ZONE DEVELOPMENT

All development within the "H" Resort Hotel Zones is
considered as a Conditional Use and must comply with regula-
tions promulgated specifically for those zoned areas. Both
the SDRC and the TPC must review a tentative plan for
development, which shall include the following information.

a) Applicant and property identification data
b) Location of all structures and utilities
c) Topography
d) All proposed structures and utilities

Additionally, a performance bond.in the amount of 110% of
the infrastructure costs must be posted.

Certain standards for development are also established
for Resort Hotel Zones pertaining to access to public
resources; preservation and interpretation of ecological,
historical and archaeological resources; and yard, area and
height restrictions.

An application form for development proposals in a Resort
Hotel Zone is not available. The appropriate materials' and
$15 for review fees shall be filed with the Department of Land
Management.

Review time will take 5 weeks; more complex projects may
require longer.

Reference: "H" Resort Hotel Zone, Rules and Regula-
tions," Department of Land Management, April
1981.

Authority: P.L. 14-41, as amended by P.L 14-72 and 14-
82.

For further guidance, contact the Executive Secretary,
Territorial Planning Commission.

GUAM COASTAL MANAGEMENT PROGRAM
and FEDERAL CONSISTENCY

The Government of Guam has adopted 16 policies regarding
use, protection and development of the Territory's land and
water resources. All proposed development must conform to
these policies. Such compliance is reviewed by the Guam
Coastal Management Program (GCMP) as part of the Government's
permitting process.

Every proposed project which involves a federal
authority, requires a federal government license or permit, or
relies on federal grants or funds must be approved by GCMP for
consistency with the 16 policies.

Reference: "Procedures Guide for Achieving Federal Con-
sistency with the Guam Coastal Management
Program," Bureau of Planning.

Authority: Executive Order No. 78-37.

Further information with regard to GCMP policies and
federal consistency may be obtained from the Director, Bureau
of Planning.

ENVIRONMENTAL IMPACT ASSESSMENT
and ENVIRONMENTAL IMPACT STATEMENT

An Environmental Impact Assessment (EIA) and/or an
Environmental Impact Statement (EIS) are a routine requirement
for certain types of.development on Guam. All federal and
local government projects and some private projects require an
EIA/EIS if they incorporate at least one of the following
element$.

a) Federal funds
b) Built on federal property
c) Require a federal permit

Additionally, some privately developed projects require
an EIA/EIS if they have other specific conditions, such as the,
f o 11 owi n g.

a) Built near or in the ocean or any body of water
b) Built in or near an environmentally sensitive area
(i.e., wetland or marsh)
c) Are considered an environmentally sensitive
project

An EIA or EIS document is the responsibility of the
developer and should be prepared early in the feasibility
stage of a project's planning process. The document must
present information regarding impacts to the environment at
the project site and in the vicinity of a proposed project.

Information contained in this document should cover a
broad range of environmental protection topics, including the
f ol 1 owi n g.

a) Existing land use
b) Population
c) Natural resources
d) Air and water quality
e ) Traffic
f) Historic and archaeological resources
g) General climatic conditions

The document must also present specific information
regarding both the anticipated positive and negative impacts
of the project for each of the environmental protection topics
as well as the relationship between the'overall positive and
negative environmental impacts for the total project.

The difference between an EIA and in EIS document is the
level of data and analyses, since the same elements are
discussed in each document. Normally, the complexity of the
project determines whether an EIA is sufficient to adequately
cover the impacts or if an EIS is needed.

Proposed projects are defined as having small, medium or
large environmental impacts depending on preliminary screening
criteria. These criteria take into account the critical
environmental issues identified in an "EIVEIS Guidebook"
available at GEPA. Economics also plays a large part in
evaluating the criteria. Quite often, positive economic
aspects are weighed against environmental losses in the
overall evaluation of a proposed project.

Although GEPA may be the most informed contact for
guidance regarding EIA/EIS documents, it is not usually the
lead agency for review. Review of these documents is handled
by the agency where the permit application is being processed.

Reference: "A Guide to Environmental Impact Assessments
and Environmental Impact Statements," Guam
Environmental Protection Agency, 1980.

Authority: National Environmental Policy Act, 1970.

For additional information, contact the Administrator,
Guam Environmental Protection Agency.

AQUIFER PROTECTION REVIEW

Any project (federal government, Government of Guam or
private) which is located in northern Guam, over the principal
source aquifer, must be reviewed by GEPA. There is no appli-
cation or permit required; however, such reviews are essential
in order to protect the aquifer (Guam's prime drinking water
source) fr'om potential pollution resulting from any
development.

Reference: "Northern Guam Lens Study," Guam Environ-
mental Protection Agency, 1982.

Authority: "Federal Safe Drinking Water Act," Section
1424 (c) and "Guam Safe Drinking Water Act,"
Title 10, Chapter 53, Guam Code Annotated.

For further information, contact the Administrator, Guam
Environmental Protection Agency.

AIR 9NSTALLATION COMPATIBLE USE ZONES

On Guam, air installation compatible use zoning (AICUZ)
is a guide for determining appropriate land uses around the
Guam International Air Terminal/NAS Brewer Field and for land
uses south of Andersen Air Force Base. AICUZ is a composite
of 5 noise zones and 3 aircraft accident-potential zones based
on an -analyses of noise, accident records and operational
activities of Guam's two airfields. The 5 noise zones and 3
accident-potential zones are further categorized into 16
"AICUZ zones" which represent various combinations of noise
(from totally acceptable to intolerably loud) and accident-
potential severity (from a clear zone with the highest risks
to an APZ II with decreased accident poten'tial). The
footprints of these AICUZ zones, as they extend from both
airfields, are mapped for planning reference by developers and
land owners.

Each of the 16 AICUZ zones has been rated for its
acceptability to general land use categories, such as low
density resi.dential, commercial, agricultural, etc. A matrix
of 16 AICUZ zones and 12 land use categories is used in
conjunction with AICUZ maps for both the GIAT/NAS Brewer Field
and for the AAFB.

AICUZ zones are neither enacted by law nor promulgated by
regulations. However, they are va 1 uab I eguides for
establishing compatible land uses within proximity to aircraft
operations.

The Bureau Planning should be consulted during the
planning stage for any proposed project which is incompatible
with the recommended guidelines of AICUZ.

For further information, contact the Director, Bureau of
Planning.

ENVIRONMENTAL PROTECTION PLAN

Prior to the final approval of a Building Permit for
projects involving substantial alteration to the environment,
an Environmental Protection Plan (EPP) must be prepared. This
document is the responsibility of the contractor. The EPP is
intended tq describe elements of the project which may pose
serious environmental consequences unless remedial measures
are implemented to mitigate such problems.

The details of any EPP are directly related to the
complexity of the project and the environmental sensitivity of
the site. For example, a water-oriented project which
involves dredging and filling would require more detailed
plans regarding silt control than woul-d a land-based project
,regarding soil erosion control, although both types of con-
struction must be addressed by an EPP.

The EPP especially requires detailed attention to those
specific aspects of the proje.ct that are described in the
EIA/EIS, if such an Assessment or Statement was prepared. The
EPP must expand upon and mitigate the effects of those identi-
fied, adverse impacts on the environment. Elements to be
addressed in the EPP include the following.

a) Natural resources protection
b) Erosion and sediment control
c) Control and disposal of solid, chemical and sanitary
wastes
d) Archaeological and/or historical sites

The Guam Environmental Protection Agency (GEPA) is the
lead agency for approval of an EPP. At least 2 copies of the
EPP and 3 sets of the project plans must be submitted to GEPA
for review. A formal letter of approval will be issued by
GEPA once the EPP is acceptable.

Reference: "A Guide to Environmental Impact Assessments
and Environmental Impact Statements," Guam
Environmental Protection Agency, 1980.

Authority: "Water Pollution Control Act," Title 10,
Part 2, Chapter 47, Guam Code Annotated.

The Administrator, Guam Environmental Protection Agency
should be consulted for more information.

EROSION CONTROL PLAN

Erosion Control Pla ns are a requirement of most land
grading and clearing permits issued by the Building Official,
Department of Public Works. Such a plan must accompany the
permit application and must be prepared in compliance with the
promulgated Soil Erosion and Sedimentation Control
Regulations.

Preparing and implementing an Erosion Control Plan is
generally the responsibility of the contractor, who must use
accepted erosion control methods to hold soil on-site during
the construction period. In some cases, especially during the
wet season, special erosion control and sedimentation control
measures must be taken to prevent environmental problems.

An Erosion Control Plan is usually prepared as an
integral part of the Environmental Protection Plan (EPP).
However, it may be developed as a separate or supporting
document. With large projects, like subdivisions or projects
on a sloping terrain, the Erosion Control Plan becomes the
.focal point of the EPP.

Review and approval of an Erosion Control Plan by GEPA
can take one week or longer, depending on the complexity of
the project and completeness of the Plan upon submittal.

Reference: "Soil Erosion and Sedimentation Control
Technical Manual," Guam Environmental
Protection Agency, 1986.

Authority: "Water Pollution Control Act," Title 10,
Chapter 47, Guam Code Annotated and "Soil
Erosion and Sedimentation Control"
Regulations, 1985.

For further information, contact the Administrator, Guam
Environmental Protection Agency.

WELL DRILLING AND OPERATING PERMIT

Well Drilling and Operating Permits are two separate
permits, issued when a freshwater well is to be drilled and
operated. The first permit authorizes development of a well,
and the second permit authorizes operation once a well is
complete and tested.

Separate application forms for drilling and operating
permits are available from GEPA. The Drilling Application
requires specific information concerning the proposed site,
construction methods, and desired operation conditions. The
Operating Permit Application r-equires actual construction
plans and operating details.

The well drilling permit fee is $250 per well and is to
be submitted with the application.

The operating permit fees are established in accordance
with the following schedule.

a) Upon initial application and payable every 5 years,
a fee of $250. This fee includes the costs of the
water quality analysis.

b) In addition to the initial application fee, an
annual operating fee shall be assessed, based on the
maximum pumping rate authorized, as stipulated in
the operating permit. The annual operating fees
are:

PUMPING RATE ANNUAL FEE

0 - 150 $ 100
151 - 225 $ 125
226 - 325 $ 200
326 - 525 $ 300
over 526 $ 400

Government of Guam agencies are exempted from these fees.

Authority: "Water Resources Conservation Act," Title 10,
Chapter 46, Guam Code Annotated and '"Well
Development and Operating" Regulations, 1985.

For further information, contact the Administrator, Guam
Environmental Protection Agency.

POLLUTION DISCHARGE PERMOU

The Pollution Discharge Permit is a Government of Guam
permit, administered by the Guam Environmental Protection
Agency and fashioned after the US EPA National Pollutant
Discharge Elimination System (NPDES) permit. The permit is
issued for the disposal of gaseous, liquid, solid or thermal
pollutants into the waters of the Territory.

The processing period may take 6 months or more,
depending on the complexity of the project and location of
disposal site. The permit application is processed without
charge.

Authority: "Water Pollution Control Act," Title 10,
Chapter 47, Guam Code Annotated.

For additional information, contact the Administrator,
Guam Environmental Protection Agency.

AIR POLLUTION SOURCE CONSTRUCTION
and OPERATING PERMIT

Any facility which may emit pollutants into the
atmosphere is required to have an Air Pollution Source Con-
struction Permit, issued by GEPA. This Permit assures that
facilities are built in a manner which keeps airborne
emissions at a reduced level and within permissible limits, as
established' by Guam's Air Quality Standards. Types of
facilities which need a construction permit include:
laundries, incinerators and other, similar, facilities as well
as any facilities that burn petroleum products such as stand-
by generators, boilers and compressors. Permits are in force
for a one year period. There is no permit fee.

Once an air pollution source facility is constructed, it
must have an Air Pollution Source Operating Permit before
start-up of operations. These permit applications must be
submitted to GEPA at least 30 days prior to start-up, in order
to allow timely review and approval. There is no permit fee.

Applications for minor air pollution source permits must
be submitted to GEPA at least 60 days prior to commencing
construction. Nlajor source permits require US EPA approval
and may take 2 years for review and approval. There is no
fee.

Authority: "Air Pollution Control Act," Title 10,
Chapter 49, Guam Code Annotated, and "Air
Pollution Control Standards and Regulations."

For more information, contact the Administrator, Guam
Environmental Protection Agency.

OPEN-BURNINC PERMIT

Open-Burning Permits are issued by the Guam Environmental
Protection Agency for agricultural purposes, such as
fumigation of pests. Burning wood products or charcoal in
preparation of food does not require a permit. All other
burning is considered illegal, unless otherwise specifically
exempted.

Authority: "Air Pollution Control Act," Title 10,
Chapter 49, Guam Code Annotated, and "Air
Pollution Control Standards and Regulations."

For more information, contact the Administrator, Guam
Environmental Protection Agency.

UNDERGROUND PHgagoN CONUROL PERMOU

Underground injection is one method for disposing ot
stormwater runoff from land and other non-hazardous liquid
wastes. The GEPA application requires detailed engineering
plans, including information regarding soil composition, depth
of well, and location of the well in regard to coastal waters
or aquifer recharge points.

GEPA does not charge a fee for this permit, and. the
review period varie-s with the complexity of the project. A
public hearing may be required. Processing time . is
approximately 2 weeks without a public hearing and 4 weeks
with a public hearing.

Reference: "Guam St'orm Drainage Manual," Department of
Public Works, 1982.

Authority: "Guam Safe Drinking Water Act," Title 10,
Chapter 53, Guam Code Annotated and "Under-
ground Injection Control" Regulations, 1981.
For additional information, contact the Administr@ator,-
Guam Environmental Protection Agency.

SPILL PREVENTION CONTROL
and COUNTERMEASURE PLAN CLEARANCE

Any person or any business storing more than 1,320
gallons above ground of petroleum products is required to have
a Spill Prevention Control and Countermeasure Plan approved by
GEPA.

An application form is available; however, no fee is
required.

Authority: "Water Pollution Control Act," Title 10,-
Chapter 47, Guam Code Annotated and 40, Code
of Federal Regulations, Part 112.

For more information, contact the Administrator, Guam
Environmental Protection Agency.

SEWER CONNECTION/SEPTIC TANK PERMIT

Two permits are required for disposal of wastewater by
either connection to a public sewer system or by a septic tank
and leaching field. The first is a construction permit and
the second an occupancy permit. GEPA reviews construction
plans, at 'no fee. The GEPA permit is issued in conjunction
with the Department of Public Works, Building Permit
application process. Review and approval is normally q u i c k
for simple projects (i.e., house sewer connections and septic
tanks) but can take more tine depending on the complexity of
the project.

Reference: "Individual Wastewater System Regulations,"
Guam Environmental Protection Agency, 1984.

Authority: "Toilet Facilities and Sewage Disposal,"
Chapter 48, Title 10, Guam Code Annotated,
and "Individual Wastewater System"
Regulations, 1984.

The Administrator, Guam Environmental Protection Agency
should be consulted for more information.

SEWER CONSTRUCTION PERMIT CLEARANCE

Community-wide or subdivision sewer systems require
clearance from GEPA prior to construction. Such review is
normally an integral part of the Government's approval of
subdivision improvement plans or Capital Improvements Project
plans subsequent to the Building Permit application process.
GEPA review time for wastewater systems varies with a
project's complexity. Normally, less than one week is
sufficient.

Authority: "Water Pollution Control Act," Title 10,
Chapter 48, Guam Code Annotated.

For more information, contact the Administrator, Guam
Environmental Protection Agency.

SOLID WASTE COLLECTION AND DISPOSAL PERMIT

A Solid Waste Collection and Disposal Permit is require(
by the Guam Environmental Protection Agency for any person whi
provides a regular, solid waste collection service to i
business, place, residence or establishment. A permit is alsi
required for any operator or group of operators that store
collect and transport solid waste as an activity of business
Issued permits are valid for 3 years. All such permits issue(
by GEPA are not transferable without prior written approval o-
the Administrator.

All applications are re.viewed within 30 days of receip-@
of the application.

No fee is required for these permits.

Reference: "Solid Waste Collection Regulations" anc
"Solid Waste Disposal Rules and Regulations,'
Guam Environmental Protection Agency.

Authority: "Solid Waste Management and Litter Control
Act" Title 10, Chapter 5, Guam CodE
Annotated.

For further information, contact the Administrator, Guan
Environmental Protection Agency.

HAZARDOUS WASTE MANAGEMENT PERMIT

Any person or business who generates 100 kilograms (120
pounds) of hazardous wastes in one calendar month is subject
to the Guam Environmental Protection Agency Hazardous Waste
Management Regulations and is responsible for assuring that
the hazardous wastes are delivered to a treatment, storage or
disposal facility that has been permitted by the Administrator
of GEPA.

Presently, hazardous waste facilities are i'ssued
hazardous waste permits by the US EPA. Applications are
available at GEPA, where they must be processed. Processing
of permit applications can take as long as 90 days.

Small quantity generators (less than 100 kilograms), not
subject to the permit requirements, are covered by the GEPA
Hazardous Waste Management Regulations with respect to
reporting treatment, storage, transportation, disposal or
management of hazardous wastes.

No application fee is now required; however, a $250 fee
will be applied when GEPA receives full delegation for
hazardous waste management, sometime in 1986.

Reference: "GEPA Hazardous Waste Management Regula-
tions, 1. Guam Environmental Protection
Agency.

Authority: "Solid Waste Management and Litter Control
Act" Title 10, Chapter 51, Guam Code
Annotated and "Resource Conservation and
Recovery Act," P.L. 94-580.

For further information, contact the Administrator, Guam
Environmental Protection Agency.

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