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





                                                 Work Product NA89PA-D-CZ023.







                   TDANAINING AND REFERENCE


                                GUIDE FOR


                      BUILDING INSPECTORS


                                        ON


                      ZONING AND LAND-USE


                     LAWS AND            REGULATIONS









                                                        COASTAL ZONt
                                                     INFORMATION CENTER






                                     Prepared bY

                                 BUREAU OF PLANNING





           5701
           .T73
           1990











                    TRAINING AND REFERENCE


                                 GUIDE FOR


                       BUILDING INSPECTORS


                                         ON


                        ZONING AND LAND-USE

                      LAWS AND REGULATIONS
  CIN



                               US Department of Commerce
                           NOAA Coastal Services Center Library
                                22,61z,' South Hobson Avenue






                                     PREPARED BY
                          -GUAM COASTAL MANAGEMENT PROGRAM
                                 BUREAU OF PLANNING
                                 GOVERNMENT OF GUAM





                     FUNDED BY THE U. S. DEPARTMENT OF COMMERCE
                   OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
                                       AND THE
                           GUAM COASTAL MANAGEMENT PROGRAM
                                 BUREAU OF PLANNING
                                 GOVERNMENT OF GUAM












                                          CONTENTS
                                                                                   page

             Introduction                                                            I


             Land-Use Laws

             A. zoning Law (Title XVIII)                                             2

                   1.    The Law
                         a.   Section  17200  (Yard and Area Requirements)           3
                         b.   Section  17350  (Parking)                              4
                         C.   Section  17400  (Signs)                                5
                         d.   Section  17203  (Beach Areas)                          6
                         e.   Section  17450  (Admin. & Enforcement)                 6

                   2.    Planning and  Impacts                                       8

                   3.    Past and Current Problems                                   10

                   4.    Questions and Field Inspections                             13

             B. Territorial Seashore Protection Act (Title XIV)                      15


                   1.    The Law
                         a.   Section 13411 (Background & Importance)                15
                         b.   Section 13413 (TSPC)                                   16
                         C.   Section 13417 (Permit Control)                         17
                         d.   Section 13418 (Enforcement)                            19

                   2.    Planning and Impacts                                        21

                   3.    Past and Current Problems                                   22

                   4.    Questions and Field Inspections                             23

             C. Subdivision Law (Title XIX)                                          25

                   1.    The Law                                                     26

                   2.    Planning and Impacts                                        32

                   3.    Past and Current Problems                                   35

                   4.    Questions and Field Inspections                             37

             D. Hotel    Zone Rules and Regulations                                  40

                   1.    Purpose and Intent                                          40

                   2.    Standards for Development                                   40


                                              i










                 3.   Planning and Impacts                                  43

                 4.   Past and Current Problems                             45

                 5.   Questions and Field Inspections                       47

      III. Review and Inspection

           A. Building Permits                                              51

                 1.   Applicant Requirements                                51

                 2.   Review and Issuance                                   51

                 3.   Activities Requiring A Building Permit                52

                 4.   Inspections                                           53
                      a. Foundations Inspection                             54
                      b. Intermediate Inspections                           54
                      c. Occupancy Inspection                               54

                 5.   Enforcement                                           55

                      Questions                                             60

           B. Clearing and Grading Permits                                  64

                 1.   Applicant Requirements                                64

                 2.   Review and Issuance                                   65

                 3.   Inspection                                            66

                 4.   Enforcement                                           66

                 5.   Questions                                             68

           C. Other   Permits                                               70

                 1.   Permit Types                                          70

                 2.   Review and Issuance                                   70

                 3.   Questions                                             81

      APPENDIX   A:   Title XVIII
      APPENDIX   B:   Title XIV
      APPENDIX   C:   Title XIX
      APPENDIX   D:   "H11 Zone Rules and Regulations
      APPENDIX   E:   DPW Building Permits Standard Operating Procedures
      APPENDIX   F:   Land-Use Permits Flow Charts
      APPENDIX   G:   Permit, Inspection & Enforcement Forms

                                         ii











                                    Introduction

         The Purpose of this training booklet is to familiarize building

         inspectors with the various land use laws, rules and regulations

         and their role/responsibility in enforcing these laws, rules and

         regulations. The inspectors will be able to easily recognize land

         use violations and to take proper actions, including notification

         of appropriate department or agency to assist in bringing the

         violation into compliance.



         This training booklet is in two parts: Part I consists of a series

         of narratives that deal with specific land use laws; types of

         permits required; development standards; agency clearances and

         procedures; and monitoring and enforcement.         This includes

         discussions and questions and answer sessions.

                          4


         Part II involves an inspector's manual that will provide an easy

         reference for inspectors in the field which will enable them to

         cite specific section(s) of the law or regulations being violated

         and identify what action(s) is/are necessary to secure compliance

         with these laws and or regulations.














                                          1












                                     THE ZONING LAW




          Title XVIII, more commonly referred to as the Zoning Law, details

          the ways in which development will be allowed to occur on land.

          The requirements imposed on land owners in terms of allowable

          density of development, setback requirements, height restrictions,

          loading/unloading space requirements, use allowances, parking

          requirements, etc., are not merely demonstrations of governmental

          rights, but of community needs.



          Department of Public Works, Building Permits, (DPW) checks to

          ensure that a development application is within the proper zone,

          during the initial application review. For other requirements of

          the. Zoning Law, however, it is the obligation of Department of Land

          Management (DLM) to insure compliance with the various standards.

          If any required standard (including zone) is not being met in the

          application, it is the obligation of DLM to advise the applicant

          of the requirements for review and approval by the Territorial

          Planning Commission or Territorial Seashore Protection Commission,

          (TPC/TSPC). If such approval is needed, no building permit shall

          be issued until such appro al is granted.



          Requirements of the Zoning Laws:      While it is imperative that

          inspection and enforcement personnel be thoroughly familiar with

          the various land-use laws, including the zoning law, the purpose

          of the following is to address those aspects of the zoning law


                                            2









          requirements which are basic, and those aspects which are specific

          to a project (conditions imposed or allowed beyond the normal

          requirements).      Other information concerning inspection and

          enforcement of this Title can be found in the chapter: "Building

          Permits"! (this document).



          Yard and Area Regulations: Section 17200 of the Zoning Law sets

          forth the minimum yard and area requirements for the different,

          generalized uses, as follows:




          USE         FRONT YARD       REAR YARD      SIDE YARD       LOT WIDTH


                         DEPTH*          DEPTH        DEPTH




          R-1          15 Ft.          10 Ft.         8 Ft.            50 Ft.


          R-2          15 Ft.          10 Ft.         8 Ft.            50 Ft.


          C          . . . . .         20 Ft.      . . . . .           20 Ft.


          M-1        . . . . .         20 Ft.         8 Ft.            50 Ft.


          M-2            25 Ft.        25 Ft.        15 Ft.           120 Ft.



            These figures represent    minimum setbacks from property lines.



          When conducting foundation inspection, these minimum setbacks must

          be checked. Prior to an on-site inspection, the building inspector

          must also be aware of any Territorial Planning commission actions

          on the project, as the minimum set-backs of the zoning law may have




                                              3









          been either reduced or extended by the Commission. (exceptions to

          the rules are found in section 17202 of the zoning law).



          Automobile Parking and Loading space Regulations: Sections 17350

          through 17352 to the Zoning Law specify the minimum requirements

          f or parking and loading areas.     Because this law requires that

          Rarking spaces (recruired) shall be Rrovided at the time of the

          erection of any main building or at the time any existing main

          building is enlarged or increaged in capacity, it is important for

          inspectors to be familiar with the requirements, as parking space

          assurances should be checked as early as lath/wallboard inspection

          as well as during occupancy permit inspection.



          If fewer parking spaces than required are being provided,        the

          inspector must verify that a variance to the requirements        was

          granted by the Territorial Planning Commission. If the TPC did   not

          grant such a variance, a stop work order should be issued,       and

          maintained until such time as the developer complies with the law.



          It is important to remember that, in checking for parking space

          requirements, that the parking layout conforms to the approved

          plans, as well as the number of spaces. Approval of layout insures

          that traffic flow.throughout the parking area is adequate and safe.

          Changes made to development plans after approval should not be

          allowed by the'on-site inspector.




                                            4









          Sign Rectulations:  Sections 17400 and 17401 of the Zoning Law

          address the requirements for commercial signage. The issue of sign

          violations is important, as this is probably the most abused

          portion of the Zoning Law. These are also the easiest violations

          to identify and enforce against.   Signs advertising a business or

          service and not located on the same lot as that business or service

          are, more likely than not, in violation. This could include free

          standing signs or signs painted or placed on the wall of a

          building.



          While enforcement of the sign regulations may appear a minor

          priority, there are several reasons why inspectors should take sign

          violations seriously.



          First; Guam has determined that the community has the right to

          remain as sign-free as possible. Strict sign controls are not only

          preferable from a visual perspective, but can help to maintain

          community standards and values.



          Second; signs are designed to be distractive, and are therefore

          potential safety hazards. A driver's attention is taken away from

          traffic by signs, and that problem is only compounded by oversized,

          ill-placed, overly gaudy and blinking signs.



          Any time an inspector is in the field, he should take note of the

          signs he sees, particularly those which appear larger than normal,


                                           5









          or which are placed along the roadside or on lots which do not

          contain the business being advertized. Once back at the office,

          the inspector can easily check the legality of these signs (as Per

          Section 17401), all signs must be reviewed and approved by the

          Building Official. once a violation is noted, the Department of

          Public Works (Building Permit Section) should issue a notice of

          violation immediately. If the offending sign is not removed within

          ten days, the Department should notify the Attorney General for

          immediate action.




          Restrictions in Beach Areas:     Section 17203 of the Zoning Law

          clearly states the importance of the beach areas to the community

          of Guam as a whole. The limitations for construction found in part

          (b) of this section are iterated more definitely in the Territorial

          Seashore Protection Act, which is detailed elsewhere in this

          document.




          Ensuring compliance to this section (and to the TSPA) , is important

          not only because of planning or permitting considerations, but

          because violations of the shoreline can increase erosion,

          siltation, pollution and storm damage, and can decrease public

          safety, Rublic access and property values.



          Administration and Enforcement: The Zoning Law is perfectly clear

          as to the legal need to adhere to its provisions. sections 17450

          through 17453 should be read and understood thoroughly by all


                                           6









         building permit personnel, building inspection personnel, all

         government personnel who review and approve business licenses, and

         all government agency personnel who review for or monitor

         development.



         In brief; the provisions of those sections are as follows:

         Section 17450: Enforcement. The Building Official designated in

         Title XXXII of the GCG shall have the power and ï¿½Aty to enf orce the

         provisions of this law.



         Section 17451: Building Permit Required. Before commencing the

         construction of a new building or structure, or the alteration,

         en.largement or moving of an existing building or structure,, a

         building permit authorizing such work shall first be obtained from

         the Building Official.



         Section 17452:    Building Permit Shall Not Be issued.     No permit

         shall be issued unless the RroRosed structure or activity is in

         conformance with the Rrovisions of this Title! All permits issued

         in violation of this provision are null and void.



         Section 17453: License Approval Required. No license Rertaining

         to the use of land or building shall be issued by any     department,

         unless the aRDlication for such license has been'aPRroved by the

         Building official as to the conformance of said use with the

         provisions of this Title.


                                           7












                                 PLANNING AND IMPACTS




          The process of zoning was meant to separate land uses so that each

          parcel might reach its highest and best use without interference

          from an adjacent use. Proper and adequate planning allows not only

          the fulfillment of the intent of the zoning codes but provides the

          vehicle in which government agencies/departments can review,

          analyze and properly prepare for and allow new development to occur

          throughout the territory.



          In this respect, Residential zones are protected from the more

          harmful intrusions of commercial 'and industrial uses.       certain

          Industries are prohibited in commercial districts or zones whereas

          residential homes are allowed because their effects, for the most

          part, on commercial business are not considered negative. The same

          consideration applies in industrial zones, other than Heavy

          Industrial districts/zones, such as Commercial Port Area.      often

          a light industrial zone contains all three uses, since higher uses

          there normally do not negatively affect industry.



          The rationale behind all these regulations is to insure and promote

          the public's health, safety, moral protection' and welfare.

          Specifically, zoning for the most part, prevented overcrowding,

          helped to maintain or increase property values, encourage stable

          and homogenous neighborhoods and. helped to control or restrict

          incompatible and or undesirable development from occurring, as well


                                           8









         as to help to control or regulate traffic flow the addition of and

         or widening of local streets and highways.



         It is the responsibility of the Building Officials to insure that
         the appropriate agencies have signed of f on ail building permit

         applications prior to issuance of any and all building permits to

         be issued.    The agencies/departments normally involved are the

         Department of Land Management; Guam Environmental Protection

         Agency; Guam Power Authority; Public Utility Agency of Guam; Guam

         Fire Department; and when applicable the Department of Parks and

         Recreation for development occurring on lands of Historical

         significance; and the Department of Agriculture if the development

         is occurring on Areas of Particular Concern (APC) such as Wetlands,

         Critical Habitats, Limestone Forest, or other areas of concern.



         The impacts that have occurred as a result of the lack of or

         improper issuance of permits have varied from inappropriate uses

         to inadequate infrastructure, premature impact on projected time

         frame for reaching capacity level on existing and projected

         infrastructures such as the inadequacy of existing water supply and

         or public sewer; impact on traffic flow; and overcrowding of public

         schools. These are but a few examples of the types of impacts that

         have occurred and are occurring.



         By insuring that the proper clearances and permits are obtained,

         the intent of the Zoning and Subdivision Laws, are not compromised


                                          9









           to the point of creating a condition that would be detrimental to

           the development of the community as well as the island as a whole.

           It allows for adequate planning of infrastructures and for insuring

           that the developments being proposed are in the best interest of

           all of our island's residents.




           PAST AND CURRENT PROBLEMS

           Based on the number of violations that have occurred in the past

           as well as current ones, violations have been the result of a

           number of factors, some of which were and are beyond the control

           of the Building Official to a degree. These are violations that

           involve individuals and contractors who build without permits or

           go through the process for securing said permits but change plans

           (building specs.) once the permit has been issued without informing

           the appropriate authorities; use of permits that were issued for

           other project sites of similar design; and, pleading ignorance on

           the part of the owner of contractor of having to undergo additional

           review every time a change in construction design and or use is

           made.

           Problems that affect the Building Officials are: insufficient

           manpower in relation to the amount of development occurring;

           unaware of conditions imposed by the Territorial Planning

           Commission (TPC) ; oversight in not verifying conditions imposed by

           TPC when applicable; lack of enforcement once violations are

           identified and are forwarded to the Attorney General's Office; and,

           TPC continuing to approve after-the-fact projects with little or


                                           10








         no restitution required by TPC of violator.          This can only

         encourage continued disregard for our land use laws and the

         permitting process.



         Two examples of violations are listed below for informational

         purposes.



         The first violation occurred on lot 1-3-1, Ukudu, Dededo, in which

         TPC imposed a condition of requiring the applicant to connect to

         public sewer. The applicant sold the land without informing the

         buyer of the condition imposed. A building permit was secured and

         the  residence was constructed by the new owner.      Although said

         structure is now completed, issuance of occupancy is being withheld

         until said condition is removed or amended by TPC. This will go

         before TPC as an after-the-fact request.     This condition should

         have been made known to the applicant by the Building Official at

         the initial stage of the permit application. Additionally, a check

         to see if this application required TPC approval would have found

         the condition imposed thereby resulting in the avoidance of the

         current problem.



         The second violation pertains to the construction of a- residential

         building on lot# 1103-1-10, Mangilao, fronted by'Route 10. This

         violation involved the construction of said residehce to the point

         where the walls were erected without the issuance of a permit. The

         project also requires a setback variance from TPC based on the


                                          11









          zoning law.



          This was a case where although no permits were applied for,

          periodic inspections by the Building Officials might have prevented

          the work from reaching the stage that it did. The violation was

          reported by an adjacent land owner. The application went through

          TPC as an after-the-fact, and again the project was approved with

          no restitution required on the part of the violator nor were any

          citations issued.



          The following procedures are recommended to reduce if not eliminate

          problems of this nature.

               1) Insure that all Building officials are thoroughly familiar

          with Guam's Land Use Laws as well as the TPC procedures.

               2) Establish a list within Building Permit Section of all TPC

          applications acted on by TPC.     If it is a TPC case - that the

          Notice of Action be carefully screened with plans submitted when

          applying for permit.

               3) Identify those proposed projects that were conditionally

          approved with a ready reference of these conditions. (i.e. TPC

          minutes, Notice of Action or verification with DIM of- said

          conditions).

               4) Maintain a separate list for all those projects that were

          approved without any conditions for easy reference. (a single list

          can be developed using color coded schemes to identify approval

          with conditions and those without..



                                           12









               5) Cross-out or eliminate those projects as they are completed

          or as the permits are issued.

               6) The TPC agenda can be picked up from DLM and the results

          could be requested over the phone as is currently done by Bureau

          of Planning (BOP).

               71 An update of this list will be necessary every two weeks.

          (TPC meets twice a month, on the second and fourth Thursday of

          every month).




          QUESTIONS AND FIELD INSPECTIONS




          The following questions will serve as a checklist of what the

          Building Official should look for or ask himself and the

          contractor/developer during inspections.

               1) Has the proper permits(s) been issued for the project?

          (i.e., walls going up and *only foundation permit has been issued.)

               2) Does the name, lot description , designation and type of

          construction match the permit? (i.e., is the project on the correct

          lot and village? This problem has occurred in the past.)

               3) Are the project, permit and building specs consistent?

          (i.e., a multi-story office building on plans yet an apartment

          building is being erected instead).

              4) Does the project conform to the plan in as-far 'as meeting

          setbacks, and other zoning requirements such as adequate-parking,

          height, density, all as shown according to the approved plans?

          (This is a common problem.     What is presented to DPW building


                                          13









          officials and what is actually done on site).

               5) A copy of the Notice of Action should be a part of the

          building permit to verify that the on site construction is

          consistent with said Notice of Action. (i.e., any conditions

          imposed are adhered to, such as landscaping'. type of project,

          etc.).



          The above are not in any way the only questions that a Building

          official should be aware of but is merely a list of ideas that will

          assist the official during the course of his work.
































                                           14










                         Territorial Seashore Protection Act




          Title XII of the Government Code of Guam also known as the Seashore

          Protection Act establishes a Seashore Reserve which is described

          as that land and water area of Guam extending seaward to the ten

          fathom contour, including all island within the Government

          jurisdiction, except Cabras Island including those villages wherein

          residences have been constructed along the shoreline prior to the

          effective date of the Act.     The inland boundary extend to the

          nearest of the following points:



               a.   From the mean high water line for a distance on a

                    horizontal plane of ten (10) meters, or



               b..  From the mean high water line to the inland edge of the

                    nearest public right-of-way.



          Section 13411 declares that the seashore reserve is a distinct and

          valuable natural resource belonging to all the people of Guam. The

          seashore reserve is rich in wildlife, marine organisms and other

          ocean resources that the protection of these resources is a

          paramount concern to the residents of Guam. Local residents depend

          on the reefs and lagoons for food gathering and recreation

          purposes.   Thus, it is a declared policy of the Territory to

          preserve and protect the seashore reserve for the present and

          succeeding generations.


                                           15











          It must be remembered that the seashore reserve is a valuable


          resource that belongs to all the people of Guam.       The seashore

          reserve is also a very delicate and balanced ecosystem rich in

          wildlife and marine organism that interact with each other.

          Because it is a dynamic system, any activity in the seashore

          reserve may have ripple effects that could result in serious or

          irreversible impacts on resources within the reserve.



          Section 13413 of the Act created the Territorial Seashore

          Protection Commission (TSPC) whose responsibility is ensure the

          seashore reserve policy is implemented through established

          regulatory mechanism.    The TSPC's responsibilities includes, but

          are not limited to:




               Maintenance, restoration, and enhancement of the overall

               quality of the seashore reserve environment.



               The continued existence of optimum population of all species

               of organisms.



               The orderly, balanced utilization and preservation, consistent

               with sound conservation principles, of all living and non-

               living seashore reserve resources.



               Avoidance of irreversible and irretrievable commitment of


               seashore reserve resources.



                                           16









               Ensure public access for maximum visual and physical use and

               enjoyment of the seashore reserve resources by the public.



          Permit Control

          Development permit control is clearly spelled out under Section

          13417 of the Act.    This section requires any person wishing to

          undertake any development Proiect within the seashore reserve to,

          first, obtain a permit from the TSPC authorizing such a project.

          once an authorization is granted, such person must also apply for

          a construction permit from the Department of Public Works (DPW) and

          any other agencies as may be required by law. In addition, if a

          project will take place-in the "Waters of the United States" as

          defined by the Rivers and Harbor Act of 1899, a U. S. Army Corps

          (ACOE) permit is reguired before the project can commence.



          When reviewing an application for construction within the seashore

          reserve and before issuing a permit, the Building Official must

          ensure that appropriate TSPC and the ACOE permits have been

          granted.    Normally, a TSPC or ACOE permit contains certain

          provisions or requirements that the applicant agrees to accomplish

          in order for a permit to be granted. These permit conditions or

          requirements are very important as they serve to minimize or

          compensate for the negative social, cultural or environmental

          impacts.   Therefore, it is important that building inspectors

          familiarize themselves with the Territorial Reserve Act, and every

          permit conditions and ensure through field inspections that the


                                            17









          permit conditions are being met.

          No occupancy clearance or certificate of completion should be

          issued by the Building Official until these permit requirements

          have been met.




          For the purpose of regulating development or activities within the

          seashore reserve, the Act defines "development" as placement,

          erection of any solid material, or structure on land or in water,

          removing, dredging, or mining any material from the seashore

          reserve.     (Refer to Section 13412 of the Act for detail

          definition) .



          Exception:   The following activities within the seashore reserve

          are excepted from the requirements of the Territorial Seashore Act:



               a). Repairs and improvement not exceeding $7,000.00 to

                     existing single-family residences.



               b). Maintenance dredging of existing navigational channels

                     or.removal of dredged material from such channels to a

                     disposal site outside of the channel reserve.



               c).   Cabras Island and those villages wherein residences have

                     been constructed along the shoreline prior to the

                     effective date of the Seashore Act.

          It must be remembered that although the Territorial Seashore Act



                                           18









          exempt maintenance dredging and related activities of an existing

          navigational channels from obtaining a permit from the TSPC, a U.

          S. Army Corps of Engineers is still reguired.



          Since development within the seashore reserve could have potential

          long term adverse impacts on the biological and physical quality

          of the seashore reserve as well as direct and indirect impacts on

          surrounding waters, building inspectors must rely on the technical

          expertise of other agencies, such the Department of Agriculture,

          Guam Environmental Protection Agency and the Department of Parks

          and Recreational, in reviewing a development application.         These

          agencies input arenormally provided through the Subdivision and

          Development Review Committee (SDRC) meetings of which DPW is a

          member.   The TSPC should rely on SDRC's recommendations in its

          deliberation on a project.        Therefore, it is important that

          Building officials review TSPC's and the ACOE actions or permits

          to determine what permit conditions or stipulations have. been

          imposed, and incorporate them in the DPW's construction permit.



          Administration and Enforcement

          Section 13417 of the Act requires that any person wishing to

          perform any development within the seashore reserve shall obtain

          a permit authorizing such development from the TSPC, and, if

          required by law, from any other government department or agency.

          Thus,   development    within   the    seashore   reserve     requiring

          construction or installation of a structure must obtain a



                                            19









          construction permit from DPW in addition to a permit from the TSPC.



          As stated earlier, the Building Official is designated in Title

          XXXII of the Government Code of Guam to have the power and duty to

          enforce the provisions of the Zoning Law as well as the Territorial

          Seashore Act, where applicable. There are instances however, where

          a development activity may not require a permit from the DPW. For

          example, a dredging activity that does not involve a structure is

          exempted from obtaining a construction permit from DPW. However,

          such activities would substantially alter the environment and could

          have direct and potential long term effects on valuable marine

          resources. If the Building Official discover a dredging activity

          without the necessary permit(s) or in violation of an existing TSPC

          or ACOE permit, he must notify 'the appropriate authority

          immediately of the nature of the violation.



          Pines: The Territorial Seashore Protection Act provides that any

          person who violates any provision of this Act shall be subiect to

          a civil fine not to exceed ten thousand dollars ($10,000).        In

          addition to any other penalty, anY Rerson who perform any

          development in violation of this Act shall be subi6ct to a civil

          fine not to exceed five hundred dollars f$500) Per day for each day

          in which the violation persists.



          During field inspections when a violation of a permitted project

          or a project without a proper permit is discovered, the Building


                                           20









         Official must issue a stop-work order that must remain in effect

         until the violation is brought into compliance or a proper permit

         is obtained.   It is important that the Building Official clearly

         document the nature of violation, the date of violation and notify

         the TSPC and the ACOE of the violation, as appropriate.          This

         information is important in order for the proper authority to

         pursue legal action through the courts if no voluntary compliance

         could be obtained.    If no compliance is made, the case must be

         referred to the Attorney General's Office for further legal action.

         In the case of a violation occurring in the "waters of the United

         States", the U. S. Army Corps of Engineers must also be notified

         of the nature of violation.




         Planning and Impacts

         Although a Guam Land Use Master Plan exists, water use planning has

         been non-existence or done in a piece meal approach. P.L.,17-86,

         Section 5, for example, only prohibits all motorized water crafts

         only in Tumon Bay except for a couple of existing sunset dinner

         cruises and the Guam Police Department's jet skis for search and

         rescue purposes. The recent popularity of thrill crafts e.g., jet

         skis, hover crafts, wind surfing and water skis have resulted in

         numerous requests for dredging activities to accommodate these

         water sports.



         These activities are creating water use conflicts with fishermen

         and other recreational activities.       In an effort to minimize



                                          21









          environmental damages and user conflicts, the Bureau of Planning

          and other GovGuam agencies has drafted a propose water use plan for

          the Agana Bay.     The advantages of a water use plan includes

          protection of sensitive areas of the seashore reserve; allow

          compatible recreational activities in designated areas.; afford

          opportunities for traditional fishing; and prevention of safety and

          health hazards to the public.




          Past and Current Problems

          In the past, development on beach-front properties have been low

          profile structures such as single-family residences, and did not

          have significant impacts on the seashore reserve or its resources.

          However, the recent tourism development on Guam has put a

          tremendous pressure to develop high density structures on beach-

          front properties and nearshore waters to support the industry.

          While Guam welcomes this economic growth, the industry is also

          bringing negative primary and secondary impacts. For example, high

          rise and high density development overtax existing infrastructure

          such as sewer systems, traffic systems, and water systems.

          Dredging of nearshore waters to accommodate the tourists is

          altering or destroying the reefs and its valuable marine

          resources. This trend is expected to continue into the 1990's and

          could have a profound impact on Guam's lifestyle and the

          environment if informed decisions on development projects and

          aggressive permits and enforcement programs are not taken

          seriously.


                                          22









         Ouestions and Field Insgections

         When conducting a field inspection it is important that the

         building inspector determine whether the proper permit(s) (TSPC or

         the U. S. Army Corps) has been issued. The permit along with the

         approved plan must be available at the project site at all time

         for inspection. The following are some questions that could assist

         the inspectors to determine if a violation exists and to take

         corrective actions.



               a)   Does the project have the appropriate TSPC or the U. S.

                    Army Corps permit?



               b)   Is the project being constructed in accordance with

                    approve plans and engineering design?



               C)   Does the project (on fast land) meets seashore reserve

                    setback and property line setbacks?



               d)   Are TSPC permit conditions e.g., adequate view, public

                    access, and landscaping being provided?



               e)   Are the U. S. Army Corps permit conditions, or- mitigating

                    measures being met?



               f)   Are drainage system and. soil erosion control measures

                    approved by DPW and GEPA being met?


                                           23









            g)   Are dredge materials being disposed of properly at an

                 approved disposal site?



            h)   Are silt screens or similar approved devises being

                 employed around dredging site to prevent siltation and

                 sedimentation of adjacent waters?










































                                        24











                                    SUBDIVISION LAW

          Title XIX, more commonly referred to as Guam's Subdivision Law,

          details the ways in which Subdivision developments and lot

          parcelling of any land shall occur as well as describing the

          general requirements for creating Subdivisions and or Lot

          Parcelling, inclusive of Agricultural Subdivisions, Decedent

          Estates, and Parental Subdivisions.



          The controls, requirements, rules and regulations adopted as

          dictated by the Subdivision Law are necessary to insure the orderly

          growth and harmonious development of our territory. To assist in

          fulfilling the intent of the Subdivision Law, strict design

          standards, through the Subdivision Rules and Regulations, were

          created to work hand in hand with Title XIX to insure adequate

          traffic circulation through coordinated streets, roads, and highway

          systems; the achievement of maximum utility whenever possible of

          Subdivisions and property lots being parcelled; and, to insure the

          adequacy of the water supply, drainage, sanitary sewerage and other

          health requirements needed for the newly created lots/ subdivisions.



          The Department of Public Works (DPW) Building Permits Section, is

          responsible to insure that these guidelines and standards are

          strictly adhered to prior to the issuance of any permits during the

          initial application and presentation of the building plans to DPW,

          during and after completion of the project for said Subdivision or

          Lot parcelling.


                                           25











          An application to establish a subdivision must be reviewed and

          approved by the Territorial Planning Commission.      This is done

          through the submission and review of Tentative plans which must

          comply with Section 18005. General Requirements for Subdivision,

          Chapter I, and Section 18400 Required Improvements, Chapter V,

          Title XIX.

          If these general requirements and required improvements cannot be

          provided or adhered to, then the developer must file a petition for

          a Subdivision and Waiver of Improvement Variance, as per section

          18500, Chapter VI, Title XIX. This variance can only be granted

          by TPC. The exceptions to the filing of a Tentative Subdivision

          fall under sections 18001.5 and 18002.          More specifically

          decedents' estates; parental division of property and Agricultural

          Subdivisions. Although these three areas are exempted there are

          certain restrictions/conditions that must be met.              These

          restrictions/conditions can be found in detail in the Subdivision

          Rules and Regulations, Chapter 3, for Agricultural Subdivisions and

          Chapter 5 for Parental Estates.



          REQUIREMENTS FOR THE SUBDIVISION LAW: Although it is expected that

          the Building Officials be familiar with the various sections

          covered under the Subdivision law, the purpose of the following is

          to address those aspects of the Subdivision Law which are basic,

          and those areas which are basic to the design standards can be

          found in the Subdivision Rules and Regulations, which can be found


                                          26









         in appendix c of this handbook.



         Compliance with the Master Plan: Section 18001.1 requires that all

         Development and/or Subdivisions of all lands and roads shall be in

         conformance to the land use or road location as delineated in the

         latest revision of the Territorial Master Plan initially approved

         in April, 1967.

              a) "Construction on land designated for future road or public

         purposes, contrary to the use indicated in the Master Plan, shall

         not be authorized, irrespective of land ownership."

              b)   I "Specifications    for  construction,   repair    and/or

         reconstruction of roads shall conform to Department of Public Works

         standards and shall follow requirements delineated for that zone

         in which the subdivision or construction is located. (Amended by

         P.L. 12-90)".



         Exemptions: Decedents' Estates: Parental division of property.

              a)    As stated previously section 18001.5 exempts all

         decedents' estates and parental division of properties from Chapter

         V, of Title XIX.    Provided that, TPC require street and utility

         easements on said lands and that the minimum size of each lot be

         no less than 10,000 square feet or 929 square meters, prior to the

         distribution of any such lands by the Court.

              b) any land which has been owned in fee simple not less than

         five years by a person who divides said land among his living

         children or their descendants by way of Deed of Gift; provided that


                                          27









          the following conditions are met: 1) That the lands be deeded in

          fee simple; That said deed shall contain alienation clauses to the

          effect that the children or descendants shall not sell, lease or

          otherwise alienate such lots for a period of at least five years;

          That TPC or the Territorial Planner require street and utility

          easements within said lands to insure lot divisions consistent with

          the general plan; and, that the minimum size of each lot shall be

          no less than 10,000 square feet/ 929 square meters. (Amended by

          P.l. 13-153).



          AGRICULTURAL SUBDIVISION: Section 18002. (a) covers Agricultural

          Subdivision which is a subdivision having no lots, parcels or sites'

          smaller than 20,000 square feet/1858 square meters, and are used

          principally for agriculture, single family residence sites or as

          an agricultural subdivision homesite combination;except the term

          "agricultural subdivision" shall include a subdivision resulting

          from a court distribution pursuant to Section 18001.5 (a) or (b)

          stated above of which no lots, parcels or sites smaller than 10,000

          square feet exists and in which all lots, parcels or sites are used

          principally   for   agriculture,   single   family   sites   or    an

          agricultural homestead combination.



          GENERAL REQUIREMENTS FOR SUBDIVISIONS:       Listed below are the

          general requirements for all subdivisions, the subdivider shall:

               a) Not subdivide or develop land for any purpose contrary to

          the provisions of the zoning law, Title XVIII, Govt Code.


                                           28









               b) Cause every lot to abut a roadway right of way having a

         minimum width of forty feet, except that when allowed by the

         Commission a 20 foot width road may suffice.

               c) Provide for utilities, fire hydrants, roads and highways

         within the subdivision in accordance with any plan approved by the

         Commission.

               d)  Provide for the uniformity of street widths and their

         alignment with the streets of the subdivision, and for the

         continuation of existing streets names where an established

         framework of local streets exist.

               e)   That adequate light, air and privacy on all lots

         regardless of land use be provided, and design the location of

         streets to minimize scarring of the landscape as well as to prevent

         excessive grading.

               f) Sufficient drainage be provided to reasonably protect the

         land from flooding.

               g) Streets within the residential areas shall not be planned

         for through traffic to insure privacy and safety.



         Building Permits: As per section 18107, the "Director of Public

         Works or his designated building official shall issue no building

         or construction permits for any development within the subdivision

         or lot parcelling until the tentative plans have been approved, nor

         issue individual building permits until the record map has been

         recorded.   The Territorial Planner shall notify the Director of

         Public works in writing of the record map immediately after such


                                           29









          approval is given and after such recording is completed.



          Revocation of Tentative Plans: The Commission shall not consider

          or approve final plans for a subdivision which are submitted after

          one year, or after any extension of time granted by the Commission

          during such year, following approval of tentative plans.



          Reqgired Improvements: As per section 18400, Chapter V, Title XIX.

          The subdivider shall provide the following improvements and

          improvement areas within time limits specified by the Commission:

               a) Street and Alleys - Planned areas. All street and alleys

          within the subdivision shall be graded and drained the full width

          of the right of way. The roadway centerline gradient and right of

          way cross section including drainage ditches, travelled roadway

          design and paving and shoulders shall be in conformity to criteria

          established by the Commission.      Permanent sidewalks having a

          minimum width of four feet shall be laid out for all streets and

          shall be dedicated to the government of Guam. The Commission shall

          establish criteria relating to width and construction of such

          sidewalks, and all such sidewalks shall be in conformity thereto.

               b)   Street and Alleys - Unplanned Areas.    When the general

          plan designates the area as agricultural or a general plan has not

          been adopted at time of a subdivision, the following street and

          alley improvements will be required. All streets and alleys within

          the subdivision shall be graded and drained the full width of the

          right of way.   The roadbed portion of the right of way shall be


                                          30









         improved with -a stabilized coral base.     The roadway centerline

         gradient and right of way cross section including drainage ditches,

         travelled roadway and shoulders shall be in conformity to criteria

         established by the Commission.

               c) Storm Water Drainage facilities shall be provided in all

         subdivisions in accordance with plans prepared by the subdivider

         conforming to criteria established by the Commission

               d)  Domestic Water (potable) shall be piped onto each lot

         within the subdivision. Water pipes shall be new and so sized to

         supply normal household pressures.

               e) Sanitary Sewage Disposal shall be by public sewer, and in

         the absence of public sewer shall be by septic tank and leaching

         field with a minimum lot size to be determined by the applied

         zoning, but in no case'less than 7,000 square feet in the absence

         of zoning.

               f)  Survey Monuments shall be permanent concrete monuments

         installed at all point of direction change in the subdivision

         perimeter and in the exterior lines of blocks.



         Time allowed for completion of improvements shall be completed

         within one year by the subdivider upon approval of the tentative

         subdivision plan by the Commission.      "All of the improvements

         required, except that the Commission, for good cause shown, may

         authorize an extension of time, not to exceed twelve months for

         such completion. Within such time, the subdivider must either:

               a) Complete the required improvements and, upon acceptance


                                          31









          thereof by the government, file his final plans; or

               b) Furnish bond acceptable to the Commission for the

          completion of improvements, the bond to be in penal sum of one

          hundred fifteen per cent (115%) of total work costs as verified by

          the Director of Public Works. On approval of the bond, the final

          plans may be filed."




          PLANNING AND IMPACTS

          Due to the rapid increase in development occurring on Guam,

          especially in housing developments, the problems related to

          construction have been apparent in the last few years.          The

          problems associated with design and planning are less apparent but

          no less real.    Non-conformance to approved design plans, both

          tentative and final, have led to many of these deficiencies, and

          in other cases, was the result of failure on the government's part

          to insure not only strict compliance with the Subdivision Law,

          Rules and Regulations but adherence to the Uniform Building Code

          (UBC).  Examples of these are; the problems associated with the

          GHURA housing, known as Tract 505, Yigo, and Fern Terrace known as

          Tract 503, NCS, Dededo, in which shoddy workmanship, inferior

          materials, lack of timely inspection procedures and checks made

          during and after completion of construction, resulted in numerous

          deficiencies/problems and discrepancies such as electrical shorts,

          leaking pipes and cracked walls; the Windward Estates Subdivision,

          which because the developer ignored the standards as set forth by

          the UBC, resulted in flooding problems, low or no water pressure


                                          32









          and sewer problems occurring frequently throughout the subdivision;

          and two recent cases, the Machananao Subdivision which suffered

          from water to sewer problems resulting in the necessity for each

          home owner to sue for funds to alleviate said problems, and the

          recent issuance of a stop work order and notice of violation to the

          developer of the Miyama Hills Subdivision for not adhering to the

          plans presented and approved by TPC, as well as proceeding with

          development   prior   to    the   issuance    of   all    necessary

          permit/clearances to proceed with the construction of the Planned

          Unit Development (PUD).



          Part of the problem is a result , of the dif f erent types of

          subdivisions that are occurring, which range from simple single

          family dwellings to the more complicated multi-family dwellings,

          Townhouses, Condominiums, Apartments, to PUD's and Resort type

          development such as the Miyama Hills project. All of these types

          result in a higher density, i.e., population-of both residents and

          support staff for resort type developments, as an example,

          therefore compliance to conditions made by TPC or as mandated by

          the various agency requirements, become more important and

          sensitive as the impact resulting from the developments affect a

          greater amount of land and people.



          Guam is limited in it resources both natural and manmade. These

          resources are further limited as they become affected or are

          affected by constraints either through ownership, such as federally


                                          33









           owned lands, or by constraints imposed by nature or man, such as

           wetlands, critical habitats, pristine limestone forest, seismic

           fault zones, slide and erosion zones, mountainous terrain, AICUZ,

           etc.   As a result, the amount of developable land is extremely

           limited and therefore requires careful planning and strict

           adherence to Guam's land use laws and the UBC. Due to our limited

           resources and lands that are actually developable, we cannot* afford

           to continue to disregard our land use laws or building codes, and

           we must insure that proper and adequate planning for the continued

           development of our island is in the best interest of the island

           residents as a whole, rather than just for the prof it of a few.

           When improper planning and development occurs it places a burden

           on existing infrastructure, which affects the health and welfare

           of our island residents. We, the residents of Guam, have felt the

           impact of development that was improperly planned and or the

           effects of not adhering to a proposed plan to guide the type and

           amount of development to occur in any given area. An example of

           this is the Tumon Bay Master Plan, which was not followed and

           resulted in the reactive and costly changes to infrastructure

           requirements now being experienced. These problems range from poor

           traffic circulation, inadequate and none functional lighting, and

           insufficient parking for new establishments, to the overtaxing of

           the infrastructure resulting in surpassing design capacity

           prematurely. This area should serve as an example of what happens

           when improper planning, or deviation from Master plans occurs or

           when specific guidelines and criteria are not adhered to.


                                              34












         PAST AND CURRENT PROBLEMS


         One area of concern, that has in the past been a major problem, was

         the creation of subdivisions which allowed for waiving the

         requirements to provide concrete curb, gutters, and sidewalks and

         were instead, allowed swales to be provided in its place.        The

         result was, too often, inadequate drainage systems, unsafe,

         unsightly and impossible pedestrian patterns, and a degradation of

         property values and community pride.     The cost to correct these

         problems, which never should have been allowed to happen, comes

         from the taxpayers of Guam and not just the residents of the

         subdivision. Fortunately, this problem has been eliminated by an

         opinion rendered by the Attorney General's Office, stating that TPC

         does not have the authority to waive or grant variances from the

         Subdivision Law or the Subdivision Rules and Regulations, and that

         TPC, in as far as the Subdivision requirements are concerned, only

         has the authority to grant variances to TPC's, rules and

         regulations.



         The current problems fall into   several areas.   They are:   Design

         and Construction; Lack of, or inadequate infrastructure; Impacts

         on the Education system and other public facilities,resulting in

         overcrowding of schools; deviation from approved plans, aggravated

         by the lack of timely and strict adherence to inspection

         procedures;and impact on traffic flow and circulation due to

         insufficient number of lanes as a result of improper planning or

         checking of plans, resulting in traffic problems, etc.


                                          35









          These problems in many cases are the result of developers deviating

          from previously approved plans, lack of timely inspections, design

          problems, such as allowing for gates to open out onto the sidewalks

          which defeats the propose of providing sidewalks, poor or

          inadequate drainage systems for storm water run-off resulting in

          numerous flooding problems. Most, if not all of these problems,

          could be avoided if we all did our part to insure compliance with

          our current land use laws and building codes in addition to timely

          inspections and strict adherence to the UBC by the Building

          officials.









































                                           36









                           Questions and Field Inspections

         Underline the correct answers.

         1.   The minimum lot size of a parental subdivision is: a) 7,000

              square feet; b) 10,000 square feet; c) 20,000 square feet.

         2.   The minimum lot size in an "All (agricultural) zone is:       a)

              10,000 square feet;     b)   20,000 square feet;    c)    40,000

              square feet.

         3.   Sidewalks in a subdivision are:      a)   optional because of

              unnecessary addition costs that will be passed on to the home

              buyers;    b)   not necessary if reliable bus services is

              available in the subdivision;     c)   necessary because they

              separate pedestrian from vehicular traffic.

         4.   If a subdivision development is adjacent to a river it is

              advisable to:    a)  divert surface runoff into the river to

              improve the river flow to support aquatic organisms;

              b) dispose the runoff into the ground through ponding basin,

              percolation trench, or similar devise; c) dispose the runoff

              into a public sewer if it is available.

         5.   In an agricultural subdivision: a) only one single residence

              may be built on each 10,000 square feet; b) only one single

              residence may be built on one agricultural lot;        c)    one

              single residence may be built on every 7,000 square feet if

              a public sewer is available.

         6.   The Department of Public Works may issue a construction permit

              within a subdivision if; a) the Building Official is sure

              the Territorial Protection Commission will approve the


                                          37









                tentative plan;    b)   the subdivision record map has been

                approved;   c)  the tentative plan has been approved by the

                Territorial Planning Commission.




          Place an X on the correct answers.

          7.    Subdivision improvement requirements of the Subdivision Law

                do not apply to a parental subdivision only if the property

                has been owned for not less than 5 years. True             False



          8.    Subdivision means the subdivision of a parcel     of land in-to

                four (4) or more house lots. True        . False

          9.    A portion of a subdivision road right-of-way may be reduced

                to less than 15 feet if it serves only one house lot. True

                       False



































                                            38










                                  Answers to Ouestions




          1.   b) 10,000 square feet.

          2.   b) 20,000 square feet.

          3.   c) necessary because they separate pedestrian from vehicular

               traffic.

          4.   c) dispose the runoff into the ground through ponding basin,

               percolation trench or similar devise.

          5.   a)   only one single residence may be built on each 10, 000

               square feet.

          6.   c) the tentative plan has been approved by the Territorial

               Planning Commission.

          7.   False,     A parental subdivision is exempted from the

               subdivision improvement requirements regardless of the years

               of ownership.

          8.   False, Subdivision means the subdivision of a parcel of land

               into six (6) or more house lots.

          9.   False
























                                            39












                         HOTEL ZONE RULES AND REGULATIONS




               Purpose and Intent

               As prescribed under Section I (B) of the Interim 11H11 Resort

               Hotel Zone the purpose of these rules and regulations, is

               to establish procedural requirements for:

                 a) Zone changes to an "H11 designation

                 b) Development within 11H11 Zones

                 c) Substantive standards for development within "H11

                   Zones


               The Interim "H11 Resort Hotel Zone rules and regulations

               apply to that area rezoned "H" under the provisions of

               Public Law 14-41, as amended by Public Law 14-72 and 14-

               82 (Tumon) , as well as all future proposals for development

               within or changes of zone designation to an "H11 zone. As

               interim regulations, they shall remain in effect until such

               time as final "H11 Zone regulations are adopted by the

               Territorial Planning Commission.

               Some of the objectives that these rules and regulations

               intend to accomplish in terms of development within a

               resort image include; pleasant design, adequate open space,

               public access, aesthetics, and landscaping, to name a

               few.


               Standards for Development

               A. All development within an "H11 Zone shall comply with

                    all applicable pollution and erosion standards as


                                            40










                   promulgated by the Guam Environmental Protection

                   Agency.

              B.   The nature, sizel shape, lighting, and style of an

                   outdoor sign shall conform to those requirements as

                   outlined in the Sign Regulations, Title XVIII, Chapter

                   IX, of the Government Code for Commercial Zones.

              C.   The following parking regulations shall apply:

                   1.  Title XVIII, Chapter VIII, Sections 17350 - 17352

                       of the Government Code of Guam.


                   2.  Provisions noted under "footnotes" to the IIHII Zone

                       Yard and Height Regulations.

              D. Development and activities within an IIHII Resort-Hotel

                   Zone shall:


                   1. Provide open access to public resources including,

                       but not limited to, beaches.or other parts of the

                       ocean shore, parks, conservation areas, rivers,

                       waterfalls, and other public resources.

                   2.  To the maximum extent possible, assure that all

                       clearances given for accessory uses enhance,

                       compliment, and do not detract from or the

                       surrounding area.

                   3.  When associated with or encompassing such valuable

                       resources as unique land, water, floral, fauna,

                       cultural, historic, archaeologic, or other such


                       areas:







                                           41









                       a) Provide interpretive materials, displays, and

                           information, as required, reviewed, and

                           approved by the Department of Parks and

                           Recreation. the Territorial Planner shall

                           certify to the TPC and SDRC that the

                           interpretive materials, displays, and

                           information have been so approved.

                       b) Assure that such resources remain, to the

                           maximum extent possible, in their natural or

                           undisturbed state.

              E. Dwellings permitted in an "H11 Zone shall be designed:

                   1. To accommodate primarily the needs and desires of

                       visitors, tourists, and transient guests.

                   2. In a compatible arrangement so as to compliment and

                       enhance the adjacent structures and environment.

              F.   Such recreational or amusement activities as bowling

                   alleys, movietheaters, or sports facilities which

                   normally and necessary create temporary or occasional

                   substantial adverse impacts, such as excessive noise,

                   light, or traffic, shall be permitted in an "H" Zone

                   only upon a determination by the Commission that such

                   a activity is normally to be found in a tourism-related

                   development area, and,that the activity is reasonably

                   compatible with the existing or* reasonably for.eseeable

                   development of the surrounding area.




                                           42









               G. Prior to issuance of occupancy permits for any
                   development within an 11H11 Zone, the developer shali

                   certify to the Territorial Planner, to be evidence by

                   the Territorial Planner's signature that no less than

                   two percent of the total construction cost for

                   development of land oriented facility or structure was

                   expended on landscaping for that particular

                   development. Allowable costs under such a requirement

                   include the costs for purchase of landscaping

                   vegetation and labor involved in its planting.

               H.  Variance to these regulations may be granted by the

                   Commission only upon issuance of such findings or under

                   such conditions as prescribed under Sections 17501 -

                   17502 of the Government Code.

               I. Yard, Area, and Height regulations for the 11H11 Zone are

                   as outlined in the attached chart.




            Planning and Impacts

            Planning for any type of development within the Hotel Resort

            zoned area should be worked out carefully and development must

            occur in accordance with i:he current Zoning Laws for Hotel

            Resort. Development should establish a resort image through

            the design of site improvements, structures and relationships

            to neighboring structures and open space. They shall also be

            planned and developed to respect natural features and

            maintenance of views as well as maintain and improve quality


                                          43









              of open space areas and access to them for recreational.

              purposes.  The planning and design of a development should

              take into consideration the shape of the building/structure

              proposed, landscaping, scenic and natural features of the

              area, and insuring that the primary views and vistas are

              satisfied aesthetically and that no obstruction of sightlines

              and view planes occur.    Development shall be located in a

              manner to ensure that important vistas and view corridors are

              available to all properties.      Proposals for resort area.

              development must be evaluated in light of the impacts on and

              the benefits to the natural and manmade environment.

              Occupancy permit shall not be granted by the building official

              until the work has been completed in accordance with the

              approved application, its plans and designs, and conforms to

              the building code. If an applicant does not comply with the

              Zoning Laws or as per their approved plans, then a Stop Work

              Order should be issued and shall take effect immediately and

              remain in effect until the conflict is resolved. If planning

              is not applied in accordance to the law, then negative impacts

              on infrastructure (i.e., water, power, sewer and road);

              inconsistency with the surrounding land use, inadequate

              parking, setbacks, and overdevelopment in terms of height and

              density may occur.    Therefore, planning is important 'in a

              development to minimize adverse impacts which may occur.

              Additionally, it is important for a successful development

              that early consultation with the Subdivision and Development


                                           44









             Review Committee (SDRC) members i.e., Department of Public

             Works (Building Permit and Engineering), Public Utility Agency

             of Guam (PUAG), Guam Environmental Protection Agency (GEPA),

             Department of Parks and Recreation (DP&R), Bureau of Planning

             (BOP) and Department of Land Management (DI.M) are made to

             address their specific concerns to mitigate or avoid the

             negative impact(s) of the development.




             Past and Current Problems


             There have been numerous hotels and other associated tourism

             developments which have gone through the Territorial Planning

             Commission (TPC) requesting for variances for density, height,

             setback and/or parking. Though it is evident, by the number

             of variances requested, that the developer is overdeveloping

             the subject lot or does not meet the variance requirements

             established by law, TPC too often grants approval on such

             applications. Because of this, problems in the past have and

             continue to occur as a result of poor and/or inadequate

             planning and decision-making, i.e.; density (overdevelopment) ,

             height   (obstruction   of   view   within   the    surrounding

             neighborhood), setback and parking (inadequate/not enough

             parking). Such development include the Pacific Star and the

             Pacific Islands Club, the Dai-Ichi, Reef Hotel and the Okura

             to name a f ew.   While the bulk of bad decision-making and

             short-sighted development has occurred in the Tamuning and

             Agana area, it is progressively moving toward the southern


                                           45










            area.  More resort developments are presently approved or

            proposed for the southern area, such as Miyama Hills

            Development, Taotao Resort, and Dandan Estates, with others

            sure to follow.




























































                                       46









                         Questions for Field Inspections


            1.    All development within the Hotel-Resort Zone is
                  considered as a                           and must comply
                  with regulations promulgated specially for those zoned
                  areas.



            2.    How does a Building Inspector determine the density,
                  height, setback and parking requirements of a proposed
                  development within the H-Zone?


            3.    In an H-Zone, how would the maximum building height be
                  determined?


            4.    A setback variance is required and a building permit
                  should not be issued if an applicant is proposing to
                  construct an apartment building on a lot 65,000 square
                  feet in area and setbacks of 23 ft. for the front and
                  side yards and 33 ft. for the rear yard. (True or False)


            5.    A density variance is not required if an applicant is
                  proposing to construct a 20 unit condominium on a lot
                  50,000 sq. ft. in area within an H-Zone? (True or False)


            6.    Assuming density, height and parking have been met, does
                  an applicant qualify for a building permit if setbacks
                  for multi-dwelling structure are 101 for front and side
                  yards, and 151 for the rear yard? (yes or no)


            7.    How many parking spaces are required for hotels?

                  a)   at least three (3) parking spaces for every four (4)
                       guest rooms
                  b)   two (2) parking spaces for each six (6) guest rooms
                  C)   at least one (1) parking space for every four (4)
                       guest rooms


            8.    Every automobile parking space shall contain a minimum
                  of                   and shall- have adequate access to a
                  public right-of-way.





                                            47








               9.   For employees, how many parking spaces are required?

                    a)   three (3) spaces for every four (4) employees
                    b)   one (1) space for every employee
                    C)   two (2) spaces for every four (4) employees


               10.  In addition to setbacks, what other type of variance is
                    required for a proposed 4 story, 35 unit apartment, with
                    a lot area of 26,595 sq. ft., setbacks of 10 ft. for the
                    front and side yards and rear yard of 10 ft., and total
                    number of parking stalls of 40?


               11.  A proposed commercial facility exclusive of warehouse
                    activity with a lot area of 1,400 sq. ft. would require
                    how many parking stalls? Explain?


               12.  A hotel or            , while considered a multi-family
                    use, requires a minimum of               square feet of
                    lot area per living unit in a              Zone.


               13.  Does this barricade on private land require Territorial
                    Seashore Protection Commission (TSPC) clearance?






























                                          48











          14.  If an applicant's plans indicate a certain number of parking
               stalls for a proposed hotel and have been identified for
               employees, hotel guests and tenants (i.e., restaurants and
               commercial facilities within the hotel)     what is likely to
               occur as a result of signs such as this one which was probably
               placed in pre-allocated parking stalls?


















                                    @4





          15. Identify what is wrong with this picture taken in    Tumon area:























                                           49












                                 Answers to Questions


              1.   conditional use

              2.   By using.the Yard, Area and Height Regulations table for
                   the 11H11-Zone

              3.   By dividing the sum of the lot length plus lot width by
                   10.     Maximum Building Height = (LL + LW)
                                                          10

              4.   False, all setbacks and lot area requirements have been
                   met based on the H-Zonels Yard, Area and Height
                   Regulations

              5.   False, based on the Yard ' Area and Height Regulations of
                   the H-Zone, a maximum of 23 units may be permitted on a
                   50,000 sq. ft. lot without a density variance.

              6.   yes

              7.   C

              8.   one hundred and eighty (180) square feet

              9.   A

             10.   density and height

             11.   Based on section 17350(f) , 14 parking stalls are required

             12.   motel, four hundred (400), Commercial

             13.   Yes, any development regardless of private or public land
                   .within the 351 mean high water mark requires TSPC
                   clearance.

             14.   Because additional "hotel car parking only stalls" were
                   not taken into consideration when planning for adequate
                   parking, hotel guests and other visitors may not have
                   sufficient parking when patronizing the hotel.

             15.   Based on the number of commercial spaces within this
                   building and the. type of uses involved, it is evident
                   that there is not enough parking to accommodate employees
                   and customers, including tourists who utilize rental
                   cars.    In addition, any signs posted in a foreign
                   language, should be accompanied by an English translation
                   as required by law.



                                            50












                                   BUILDING PERMITS

          Applicant Requirements:     The Department of Public Works is,
          normally, the first point of contact for every development permit
          application on Guam.   The term "development" is employed here in
          its broadest sense, encompassing all categories of construction,
          earth moving, and agriculture, as well as other types of land use
          and water oriented activities.      It is at this point where an
          applicant is advised of the types of information and clearances
          necessary from other government of Guam agencies before DPW could
          initiate a development application review and permit process.

          A building permit is required for government agencies and the
          general public for all construction. This may include:

               1)   Constructing,    installing,   erecting,   replacing     or
                    demolishing a building.
               2)   Adding, repairing, or replacing plumbing, electrical, and
                    ventilation systems or structural foundations.
               3)   Construction utility systems.
               4)   Demolishing any part of a building.
               5)   Any other development activity that may affect the
                    structure on a property.
               6)   The erection of signs, either free-standing, monumental
                    or attached to a structure.


          The requirements on the part of the applicant vary, based on the
          project to be undertaken, however, the minimum, basic requirements
          are as follows:

               a)   Complete building plans
               b)   Plot Plan showing lot designation
               c)   Vicinity Map
               d)   Certificate of Title or Proof of ownership or interest



          REVIEW AND ISSUANCE: Normally, the Department of Public Works is

          the first point of contact for persons requesting development

          permission. After an initial review by DPW, the building permit

          request is routed through several other GovGuam agencies,

          including; Land Management (Planning Division), Guam E.P.A.,

          'P.U.A.G., Guam Power Authority, and Guam Fire Department. If the

          development involves any need for variance to,the zoning


                                           51








          law, is listed as a conditional use in the zoning law, is within

          an H (Hotel) zone, or requires a zone change, the Department of

          Land Management will assist the applicant in applying for

          development review from the Territorial Planning Commission. [This

          process is described in more detail in another section).



          After all reviews have been conducted, and approvals          granted

          through agency sign-off on the Application for Building Permit &

          Plan Review form, a building permit may be issued.       In the case

          where an agency (or TPC) has included conditions to approval, those

          conditions should be made an of f icial part of the building permit.



          ACTIVITIES REQUIRING A BUILDING PERMIT:      In essence, a building

          permit is required for all construction activities undertaken by

          either the private sector or the public sector (GovGuam and.the

          U.S. government). This may include:

               1. Constructing, installing, erecting or replacing a building

                   or part of a building, such as a patio, porch, garage,

                   outdoor kitchen, fence, wall, floor, or roof.

                2. Adding, repairing, or replacing plumbing, electrical,

                   ventilation systems or structural foundations.

                3. Constructing utility systems.

                4. Demolition.

                5. The erection of signs, either free standing or attached.

          As stated in the Standard Operating Procedures (SOP) for DPW
          Building Permits & Inspection, "It shall be un  lawful to construct,


                                           52










          enlarge, alter, remove or demolish, or change the occupancy of-a

          building from one use group to another reguiring greater strength,

          exit or sanitary provisions, or-to change to a prohibited use, or

          to install or alter any eguipment for which provision is made or

          the installation of which is regulated by the Title XXXII, and

          Uniform Building Code without first filing an application with the

          Building Official in writing, and obtaining the required permit

          therefore except that ordinary repairs as defined in Title XXXII,

          Government Code of Guam which do not involve any violation of this

          Title shall be exempt from this provision."



          obvious other exceptions to the requirement for a building permit

          are those public uses which are minor and necessarily do not meet

          the standards for normal development, such as the erection of

          traffic signs, electric traffic lights, and similar uses.        Less

          obvious are the exceptions as iterated in Public Law 19-51, which

          allow for self construction or self repair without a building

          permit, under certain circumstances.       GCG Section 31003, was

          amended to reflect the changes mandated under this public law.



          INSPECTIONS: Throughout the period of construction, a series of

          inspections by DPW, as well as other agencies, are required. While

          the major areas of concern for these inspections will center around

          building and engineering standards, (construction materials and

          techniques, electrical, plumbing), these inspections must also

          include review of compliance to zoning standards andZor TPC


                                           53









           conditions or allowances, (Title XVIII, Appendix A)



           For inspection purposes, as well as for public notice, a copy of

           the building permit must be displayed on the development site

           throughout the period of development. This permit should include

           any conditions or variances granted to the development by any of

           the agencies or TPC.



          .For instance? during foundation inspection, the inspector is

           required to ensure that minimum setback requirements are met. In

           the case where TPC approved a variance to that requirement, such

           should be noted on the building permit.       The inspector should

           also check to ensure that the foundation being inspected conforms

           to the building layout which has been approved.



           These two issues should be rechecked during floor slab inspection

           and wall inspection visits.      In making roof slab inspection,

          ,assurances should be made that height restrictions are not being

           exceeded.   During frame inspection and lath and/or wallboard

           inspection, conformance of building construction to approved plans

           and approved usageshould be checked.



           These inspections are primarily the responsibility of DPW and, in

           some cases, the utility agencies. Final inspection (for occupancy

           permit) involves all those agencies that initially reviewed for

           building permit.   It is in this phase that the government can


                                           54









         guarantee that all zoning (or other land-use) requirements have

         been met.




         As per the DPW Standard operating Procedures, "After final

         inspection of the project indicates that the work performed was

         done in accordance with approved plans and specifications and has

         met all Government Code of Guam reguirements, the Building official

         shall issue a Certificate of Occupancy."




         For obvious reasons, the earlier assurances of compliance are made

         in the inspection process, the better.         It should also be

         remembered that, while strict conformance to building code

         standards will be in the best interest of the developer in

         protecting the investment, it is very often the case that violation

         of the zoning requirements is perceived as being beneficial by the

         developer. While the majority of developers make every attempt to

         comply with zoning requirements, it is only through the inspection

         process that the government can ensure compliance in all permitted

         development.



         ENFORCEMENT: In addition to the UBC, and Title XXXII of the GCG,

         "The Building Official designated in Title XXXII of the Government

         Code of Guam shall have the power and duty 'to enforce the

         provisions of (the Zoning) law. All authority granted to him by

         Title XXXII of this Code may be used in furtherance of these

         enforcement activities, whenever such authority is necessary and



                                          55









          applicable." (Title XVIII, chapter XI, Section 17450)



          When any violation of the building code, or of any land-use law is

          identified, the building inspectors of the Department of Public

          Works-are Authorized and responsible for initiating corrective or

          enforcement action.       Inspectors are also responsible for

          identifying and taking action against non-permitted activity.



          Enforcement of Violations Noted During Construction Inspections:

          If, during any inspection of a permitted activity, a violation is

          noted, including lack of adequate or approved setback or

          unauthorized redesign of development layout or function, the

          inspector shall notify the Building Official or his authorized

          representative, who will issue a STOP WORK ORDER. Such order shall

          take effect immediately and remain in effect until the conflict is

          resolved.




          Enforcement of Violations Noted Involving Non-Permitted Activit3LL.

          If, during the -course of routine field inspections, an inspector

          identifies a development for which no building permit has been

          issued, whether completed or under construction, the inspector

          shall cause to be issued a STOP WORK ORDER, which shall remain in

          effect until the violation is resolved, (either through proper

          issuance of a building permit, or until the completion of court

          action against the developer).




                                           56











         Fines:

         Title XXXII allows that, "AnV person violating the provisions of

         Uniform Building Code and Title XXXII shall be deemed guilty of a

         Petty misdemeanor, punishable by a f ine of not less than f ive

         ($5.00) dollars nor more than five hundred ($500.00) dollars or

         imprisonment for not more than one (1) year, or by both such fine

         and imprisonment.11




         This Title continues, "Such person shall be deemed quilty of a

         separate offense for each day during which any violation of the

         provisions of Title XXXII, and Uniform building Code, Government

         Code of Guam occurs.11




         In addition to these provisions, the several other land-use laws

         of Guam provide for penalties, as follows:



         Title XVIII:    (Chapter XVI, Section 17700)     "Any person, firm,

         corporation or officer thereof, violating any of the provisions of

         this Title shall be guilty of a misdemeanor and, upon conviction

         thereof, shall be punishable by a fine of not more than one hundred

         dollars ($100.00) or   by imprisonment in jail for a period of not

         more than one (1) month, or by both such fine and imprisonment..

         Such person, firm or corporation shall be deemed guilty for each

         day durinq any portion of which any violation is committed,

         continued, or permitted and shall be ipunishable as herein provided.





                                           57









          Title XIX:    (Chapter VII, Section 18600)     (a) "Any individual

          agent, partnership, firm, association, corporation or any other

          legal entity violating any of the provisions of this Title shall

          be guilty of a misdemeanor, and upon conviction thereof.-shall 'be

          punished by a fine of not more than five hundred dollars ($500.00)

          for each offense.      Such individual agent, partnership, firm

          association, corporation or other legal entity shall be deemed

          guilty of an offense for each day or portion thereof in which any

          violation is committed, continued, or ipermitted, and shall be

          punishable as herein provided for each such day or portion thereof.

          (b) "The imposition of any sentence made under this section shall

          not exempt the offender from compliance with the reauirements of

          this Title."




          Title XIV:    (Section 13418)    (a) "Any person ho violated any

          provisions of this chapter shall be subject to a civil fine not to

          exceed Ten Thousand Dollars ($10,000)." (b) "In addition to any

          other penalties, any person who performs any development in

          violation of this Chapter shall be subiect to a civil fine not to

          exceed five hundred dollars ($500.00) Per day for each day in which

          such violation persists."



          These three Titles quoted above, (Zoning Law, Subdivision Law,

          Territorial Seashore Protection Act)     provide for the land-use

          standards of Guam. The imoact of vinlatinq these standards can be

          as hazardous as violating building code standards, and can have the


                                           58









         further impact of  degrading communities, lowering land values,

         discouraging new investment, and impairing community well being.



         The building permit process is, perhaps, the single most important

         part of development control on Guam.    Through this process, all

         development is reviewed by a series of agencies to ensure not only

         construction techniques and materials are proper, but the land-use

         itself is proper. Through this process, violations can be detected

         before they occur, or resolved after a violation has been noted.



         The building permit is not, however, the only permit w     hich is

         reviewed, issued and enforced. A brief description of other permit

         requirements follows inthe proceeding sections.


























                                         59










                      QUIZ QUESTIONS FOR BUILDING PERMITS SECTION



          1.   Minimum setback requirements of a structure should be
               inspected during intermediate inspections to ensure that they
               are met.


                     T or F



          2.   The Building Permit official shall review plans and
               specifications to assure that all minimum requirements are met
               with the exception of the requirements of the Zoning Laws or
               Subdivision Laws.


                     T or F



          3.   Building permits are valid only up to three (3) months after
               issuance if the work authorized by it is not commenced.

                     T or F



          4.   The issuance of a building permit after approval of plans and
               specifications shall not prevent the Building Official from
               requiring correction of any errors in said plans or
               specifications, nor from prohibiting building operations to
               be carried on.until said corrections are made.


                     T or F



          5.   If an inspector discovers that work being performed on a
               project which is not in accordance with approved plans and
               specifications, he should


          6.   Once a STOP WORK ORDER has been issued, and the individual
               continues to construct, there is nothing the building
               inspector can do to penalize the individual.

                     T or F


          7.   After final inspection of a project indicates that work
               performed   is   in  accordance with     approved  plans and
               specifications and all other applicable GCG requirements, the
               Building official may issue a



                                           60











         B.   If an applicant's plans indicate a three story apartment
              building in an R-1 zone, and density and setback requirements
              have been met, should the applicant be issued a building
              permit? Why?


         9.   An applicant can be issued a building permit without a
              conditional use permit is he is proposing to construct a
              duplex in an R-1 zone.

                   T or F



         10.  Can an applicant who is proposing to construct 46 apartment
              units on a lot 45,000 sq. feet in area, in an R-2 zone be
              issued a building permit? Why?


         11.  If an applicant is proposing to construct a single family
              dwelling in an A zone, and his plans indicate a lot area of
              25,000 sq. feet, and setbacks of 251 for the front and rear
              yards and 151 for the side yards, does the applicant qualify
              for a building permit?



         12. State which section of the GCG     is being violated in this
              picture.











                                                  WWM








                                                    N








                                         61










                                                                                         13. What is wrong with this picture?













                                                                                                                                                                                                                                                                                                                                            .. . ...... .






                                                                                                                                                                                                                                                                                                                                                    so







                                                                                       14. Identify the violations                                                                                                                                                                                                                        in this                                                          picture, if any.

























                                                                                                                                                                                                                                                                                                                                                              62









                Answers to Quiz Questions for Building Permits section


          1.    F (foundation inspections)

          2.    F (both laws are included)

          3.    T


          4.    T

          5.    issue a STOP WORK ORDER which shall take effect immediately
                and remain in effect until the conflict is resolved

          6.    F (the next step to be taken by the building official is to
                notify the Attorney General I s Of f ice of the alleged violation
                for their immediate action)

          7.    Certificate of Occupancy

          8.    No, because 1) apartments or multiple family dwellings are not
                permitted in R-1 zones and 2) the applicant needs a height
                variance for the third-floor of the proposed structure.

          9.    F (duplexes are permitted in R-1 zones, however, applicants
                must obtain conditional use permits from the TPC)

          10.   No, because based on the Yard and Area Regulations of the
                Zoning Law, only 36 units may be permitted on a 45,000 sq. ft.
                lot without a density variance.    (45,000 sq. ft./1250 sq. ft.
                lot area/dwelling unit = 36 units)

          11.   Yes, all setback and lot area requirements have been met.

          12.   Title XVIII, Chapter IX, Section 17400 b. (1) (c)

          13.   "No Parking" sign and rope are within a public utility
                easement and/or right of way, therefore, the person that put
                the sign and rope up (probably the owner of the adjacent
                property) is illegally encroaching on said easement and does
                not have the authority to restrict anyone from parking in this
                area.


          14.   Sign on top of building      (as per Title XVIII, Chapter IX,
                Section 17400, 11 ... Individual signs shall be placed flat on
                the building wall, shall not be higher than the roof line of
                the building...






                                            63












                              CLEARING AND GRADING PERMITS



          APPLICANT REQUIREMENTS:

          Clearing and gradihg permits are required to ensure the prevention

          or control of accelerated soil erosion, transportation of sediment

          to and along waterways, siltation of rivers, estuaries and marine

          waters.




          Permits are required by both the private and public sector (GovGuam

          and the U.S. government) for earth-moving operations such as

          clearing    (removal   of   vegetation   or   structures),     grading

          (establishing topographical profiles involving cuts and fills),

          filling (raising the existing ground elevation), and excavating

          (lowering the existing ground elevation).



          Aswith building permit requests, applications for clearing and

          grading permits are filed with the Department of Public Works,

          Building Permit Section. After being reviewed for completeness,

          these applications are routed to the Guam Environmental Protection

          Agency (GEPA) , Department of Parks and Recreation, Guam Power

          Authority, and Department of Land Management for clearance.



          A clearing permit application must be accompanied by a vicinity

          map to show where the property to be cleared is located and a

          property map to indicate which property is to be cleared. Grading

          permit applications must also be accompanied by vicinity and



                                            64









         property maps as well as section details and drainage plans.

         Additionally, erosion control plans are required by the GEPA for

         all clearing and grading permit applications and will be approved

         by the agency. As per the Soil Erosion and Sedimentation Control

         Regulations for GEPA, "These regulations aipiply to all clearing,

         grading, filling, excavating, or other earth-moving operations on

         Guam which required a permit as provided for in Title XXXII, (as

         amended) Government Code of Guam.     Such api)licable clearing or

         earth-moving operations include those performed by the Govt. of

         Guam and by federal agencies on Guam.      The Administrator shall

         review every application for a permit for earth-moving operations

         in order to determine applicability or exemption, as provided for

         in Section I, Subsection E.11



         A few exemptions to these regulations (unless the Administrator,

         in his discretion, determines that the regulations apply) include:

         grading in an isolated,  self contained area, provided there is no

         apparent danger of erosion; cemetery graves; refuse disposal sites

         which are controlled by other regulations; excavations for wells,

         tunnels or utilities; and expl'oratory excavations for wells or for

         the purpose of soils testing.




         REVIEW AND ISSUANCE:


         The various agencies have different responsibilities when reviewing

         permit applications for clearing and grading. For example, GEPA

         looks for potential erosion problems, Parks & Recreation reviews


                                          65









           for historical or archaeological sites, GPA for underground

           powerlines, and DLM checks for property ownership and zoning.

           There are, however, other issues that should be considered prior

           to clearance by the agencies. It should be ensured by the agencies

           that prior to any clearing or grading permit being issued, measures

           are taken to insure the protection, prevention, or proper

           development of areas such as critical habitats, wetlands, areas of

           particular concern (APC's), and flood hazard areas.



           After all reviews have been completed, and clearances granted by

           the agencies, the permit applications are routed back to the

           Pepartment of Public Works for final review and approval. If the

           Building official finds everything to be in order, a permit is then

           issued.





           INSPECTIONS:


           Although there are no required inspections for clearing or grading

           activities once a permit has been issued, a building inspector will

           make site inspections upon request.    Also, during their routine

           fieldwork, if any type of earth-moving operation is seen taking

           place which is not familiar to them, building inspectors should

           verify if a clearing and/or grading permit has been issued.




           ENFORCEMENT:

           If a permit has not been issued or a permit condition has been

           violated, a notice of violation or stop work order should be issued


                                           66









         and all earth-moving operations shall cease until such time that

         the violator applies for and obtains a clearing or grading permit.

         If non-compliance continues, the building official then notifies

         the Attorney General's office and the Guam Contractors Licensing

         Board for corrective action.



















































                                         67











                QUIZ QUESTIONS FOR CLEARING AND GRADING PERMIT SECTION


          1.   Clearing or grading permits are required for private

               individuals only.

                    T or F


          2.   What are four types of earth-moving operations that require

               permits?

          3.   Why is the clearing and grading.permit process important?

          4.   There are two required inspections for clearing or grading

               sites: one before and after the earth-moving operation has

               taken place.

                    T or F


          5.   What agencies must sign off a clearing and/or grading permit

               application prior to permit issuance by the Building Official

               of the Dept. of Public Works?

          6.   List some concerns that the above mentioned agencies'as well

               as other agencies may have when reviewing a clearing and

               grading permit application.

          7.   Should surface water runoff, which often results from someone

               clearing or grading his property, be allowed to discharge into

               the ocean or the ground? Explain.

          8.   Why should we be concerned with soil erosion and

               sedimentation?











                                          68









          Answers to Quiz Questions for Clearing and Grading Permit Section



          1.   F - Such permits are required for both the private and public

               sector.

          2.   clearing, grading, filling, and excavating

          3.   It ensures the prevention or control of accelerated soil

               erosion, transportation of sediment to and along waterways,

               and the siltation of rivers, estuaries and marine waters.

          4.   F - site inspections are not required but will be conducted

               upon request or during routine field checks.

          5.   GEPA, GPA, Dept. of Parks & Recreation, and Dept. of Land

               Management

          6.   adequate drainage systems, erosion control, water pollution,

               sedimentation, damage to marine life, protection of wetlands,

               flood hazard areas, protection of critical habitats,

               archeological or historic sites, underground powerlines

          7.   Surface water runoff should be discharged into,the ground in

               order to replenish the ground water source. When allowed to

               discharge into the ocean or lagoons, surface runoff causes

               damage to reefs and other marine life.

          8.   Because they can affect the purity of streams and marine

               waters on Guam thereby causing unreasonable damage to fish and

               marine life in general.








                                           69












                                     OTHER PERKITS




          Permit Types: The following is a list of the most common, other

          development related permits reviewed by the Government of Guam

          and/or issued by the Department of Public Works:

                a)   Army Corps of Engineer Permit

                b)   Encroachment Permit

                C)   Flood Hazard Permit

                d)   Roadside Stand Permit (temporary)

                e)   Sign Permit

                f)   Wetland Permit

          In addition to the above permits, TPC clearance must also be

          obtained before encroachment permits, or wetland permits can be

          issued and TPC approval is required for sign permits if the

          proposed sign does not conform to the sign regulations as per Title

          XIX of the Zoning Law.



          Review and Issuance: A brief description of the above permits are

          provided for easy reference.



          Army Corps of Engineers (ACOE) is responsible for, among other

          things, protecting the nation's navigable waters from obstruction

          and for maintaining the environmental quality of water resources.

          An Army Corps permit is required, in addition to local TSPC permit,

          to perform work in, on, over or under all tidal waters. Permits

          are required for dredging in tidal waters in some wetlands. Also,


                                           70









         the permanent or temporary placement or discharge of dredged or

         fill materials into all tidal and or nontidal waters requires a

         permit.

               Activities which require permits include, but 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 tidal

                    waters;

               C)   Discharging sand, gravel or other fill materials into all

                    waters and wetlands;

               d)   Filling of wetlands, rivers or other tidal and nontidal

                    waters; and,

               e)   Laying of underwater cables, tunnels outfall,pipes in

                    tidal waters.




         A simple environmental impact assessment that describes the project

         proposal, alternatives considered, impacts of each alternative, and

         mitigating measures to minimize the impacts must accompany the

         application package for small projects.            A more detailed

         environmental impact statement may be required for project having

         large, potential impacts.



         The Corps' permit review process requires review and approval from

         the Guam Coastal Management Program of the Bureau of Planning and

         review by other, interested local agencies and organizations, and


                                           71









          may involve a public hearing.



          Encroachment permits are required when ever a project is being

          proposed that encroaches government land and in most cases when the

          activity encroaches into local rights of way, such as for vegetable

          stands. No encroachment permit will be issued on any primary and

          secondary highway without the written authorization of the Highway

          Manager and the Chief Engineer. This process basically entails

          obtaining clearances by virtue of their signature on the building

          permit application, which signifies that the agencies involved,

          such as GPA, GTA, PUAG, and DPW's Rights of Way Division have no

          objection.    Once these signatures are obtained the remaining

          process is simi-lar to, if not identical to, the proce ss for other

          permits depending on the activity and whether or not it meets the.

          current land use laws, etc. Encroachment means any tower, pole,

          POL line, pipe, pipeline, fence, billboard, stand or building, or

          any structure or object of any kind or character not particularly

          mentioned, which is placed in, under or over any portion of all or

          any part of the entire width of a right of way, whether or not such

          entire area is actually used for highway purposes.            Permit

          applicants are required to pay a nonrefundable filing fee of Ten

          Dollars for each application an a satisfactory bond, payable to the

          Treasurer of Guam.   A performance bond is required for projects

          exceeding $20,000.



          Written permits may be issued by DPW as provided in Chapter 4 of


                                          72









          P.L. 10-40, authorizing the permittee to do any of the following:

               1)   Make an opening or excavation for any purpose in a

                    highway.

               2)'  Place, change or renew an encroachment.

               3)   Place or display in, under or over any highway, any kind

                    of advertising sign or device.       DPW may immediately

                    remove any sign or device placed or displayed contrary

                    to the,provisions of this chapter.

               4)   Plant, remove, cut, injure or destroy any tree, shrub,

                    plant or flower growing within any highway.

               5)   Any person who does any. of the above acts without a valid

                    permit is guilty of a misdemeanor, punishable by law.



          The permit shall  be.made available by the contractor on the.job

          site at all times and shall be presented to the Highway Maintenance

          and Construction  Inspectors when requested. Failure to show the

          permit may result  in the iss uance of a STOP WORK ORDER.



          Flood Hazard Area Permit

          Before a building permit is issued for development in a flood

          hazard are a, which is an Area of Particular Concern, a tentative

          plan must be approved by a Building Official.           An Area of

          Particular Concern (APC) is a specifically designated geographic

          area where the presence of unique or significant natural resources,

          geologic constraints, hazards or other exceptional geographic

          characteristics warrants     and requires     the   application    of


                                           73









          extraordinary regulatory or management measures in order to insure

          the retention of such exceptional qualities or to insure the

          health, safety and welfare of the general public.



          Adopted APCs include both wetlands, and.flood hazard areas.



          Flood hazard areas are defined as any land subject to flooding

          conditions or susceptible to inundation and areas subject to a one

          percent greater chance of flooding in any given year. These areas

          are designated on official Flood Hazard Area Maps at the Bureau of

          Planning, Department of Land Management and the office of civil

          Defense.




          Temporary Roadside Stand Permits are permits that are issued for

          Roadside Stands for the sole purpose of selling locally grown

          vegetables in its natural state by the applicant of the roadside

          stand permit. These roadside stands are not permitted to sell any

          other items that would constitute a retail type operation such as

          the selling of cigarettes, candy, gum, soft drinks and the like.

          Such other sales would constitute a violation of the provisions

          which allow for the operation of a roadside stand.



          These (temporary) stands do not require clearance other than

          through DPW, which has sole jurisdiction over these stands. Public

          Law 10-40 authorizes the Department of Public Works (DPW) to issue

          written permits to individuals to place, change or renew a highway


                                          74









          encroachment. In accordance, therewith, DPW promulgated policies

          and procedures setting forth the requirements and conditions for

          the temporary roadside stands:

                    Before a permit is issued, the applicant is required to

                    file a refundable cash bond of $250 to the Treasurer of

                    Guam. It may be refunded upon expiration and non-renewal

                    of a valid permit.     Failure to require either the

                    inspection or bond release within the specified period

                    of time will result in the forfeiture of the bond.



          The permit is only valid for three months from the effective date

          shown on the permits and is renewable in three-month increments.

          Renewal of the permit may not be granted if the applicant has not

          utilized the stand during the previous three-month period.       An

          applicant may be issued a permit for six months if a good record

          of stand occupancy and active selling for at least six months has

          been established. Permits are revocable upon five days notice by

          the Department for violations of any provision of the policies and

          procedures by the applicant or his authorized representatives.



          The roadside stand shall not be placed directly fronting any major

          business establishment and shall be located at least 200 feet from

          an intersection. It must be placed at.a.minimum. clear distance of

          12 feet from the outside edge of roadway shoulder in areas where

          the shoulder width is eight feet or more and correspondingly, 20

          feet minimum clear distance from outside edge of pavement.      The


                                          75









           structure shall be 10 feet by 10 feet maximum size of temporary

           construction and can be dismantled or removed easily. It must not

           have any permanent foundation of any kind, and must be removed

           whenever Typhoon Condition II is declared by the Government of

           Guam.   A clearance from Department of Land Management, Public

           Works, and Revenue and Taxation must be obtained for any proposed

           structure outside or partially outside the highway right-of-way.

           The permit is not transferable.



           Inspectors from the Department of Revenue and Taxation shall

           inspect periodically for compliance with the business license

           exemption conditions and the Department of Public Works Highway

           Encroachment inspectors shall inspect the stands for compliance

           with permit conditions affecting the highway rights-of-way



           sign Permits are issued for the placement of advertising,

           identifying or directional signs.      All permitted signs shall be

           erected in such a manner as not to create a hazard,to public safety

           or property, and shall be resistant to winds, typhoon, earthquake

           or other natural phenomenon. Engineering design shall be based on

           applicable sections of the Building Law of Guam (Title XXXII

           Government Code of Guam).     Applications for a sign permit with

           detailed drawings and specifications must be submitted to the

           Department of Public Works Official for review and grant permit for

           the erection of said sign, free-standing or attached. All signs

           for'outdoor advertising and identification purposes are regulated


                                             76









          as to their number, size, lighting and location. Some applications

          may also be referred to the Department of Land Management to insure

          conformity to the provisions of the zoning law.



          These signs may be portable, temporary or permanent signs.

          Portable signs may also be temporary, detached, and free standing.

          Any sign that can be moved from place to place that is not

          permanently affixed to the ground or to a building including signs

          that are permanently attached to something such as:

               1)  A and T Frame - signs

               2)  Vehicular signs

               3)  Menu and sandwich boards

               4)  Hot-air or gas-filled balloons or umbrellas used for

                   advertising purposes

               5)  Temporary signs



          Temporary signs - are distinguishable from portable signs by their

          construction materials, such as wood, metal, and plastic.

          Temporary signs are often defined as being composed of less

          permanent materials as:

               any sign fabricated of paper, plywood, fabric window

               whitewash, or other light, impermanent material, and intended

               to be displayed for a maximum number of days, such as

               political signs, including posters, banners advocating voting

               for or against candidates, or other matters to be considered

               by the electorate, subject to restrictions as stated in Public


                                          77










                Law 18-40, such as:

                     a)   No posting of wooden or metal freestanding signs

                          within eight feet of the paved traveled portion of

                          the roadway or in such a manner that they impeded

                          driver's visibility of traffic.

                     b)   No signs shall be nailed to trees on government

                          property.

                     C)   Signs may not block any sidewalk, road, or driveway.

                     d)   No wooden or metal freestanding signs may be placed

                          in parks adjacent to Marine Drive in a area less

                          than eight feet nor more than twenty-five feet from

                          the paved traveled portion of the roadway.

                     e)   No posting of campaign material of any kind on or

                          in any government building.

                     f)   No sign may be posted in any traffic median strip.

                     9)   DPW may require each candidate or person or group

                          posting freestanding signs to provide a list of the

                          approximate location of all sign on government

                          property.



          Candidates for public office or other persons having interest in

          an election may place political signs on certain government

          property upon payment of a single One Hundred ($100.00) Dollars

          deposit to the Department of Public Works to insure that the signs

          are removed within two (2.) weeks after the election. If signs are

          not removed two weeks after the day of any general or special


                                           78









         election, the one hundred dollars deposit shall be forfeited ab

         liquidated damages for removal of the signs. Political signs which

         are advocating voting for or against candidates, or other matters

         may be placed and removed on Guam Power Authority power poles or

         Guam Telephone Authority poles, and all other private or public

         property subject to restrictions and conditions as iterated in

         Public Law 18-40.




         Wetland Permits are issued for development in a wetland area.

         Prior to the issuance of a wetland permit a tentative plan must be

         approved by TPC.    Upon approval by the TPC the applicant should

         apply for the applicable U.S. Army Corps of Engineer permit for

         wetlands development and, thereafter, for the applicable building

         permit from DPW.



         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 condition do

         support, prevalence of vegetative or aquatic life that requires

         saturated or seasonally saturated conditions for growth and

         reproduction.     Wetlands generally include swamps, marshes,

         mangroves, natural ponds, estuaries and similar such areas.

         Wetlands are one of the most biologically productive areas on the

         island. They primarily provide a nursery ground for many juvenile

         species of animals until the organism reach a stage of growth when

         it can venture habitats. Mangroves fringes are not only important


                                          79









          ecological habitats, but also function as a shoreline stabilization

          mechanism which prevent erosion during stormwave inundation.

          Additionally, wetlands provide for ponding and percolation, less

          recharge, siltation trapping and other geologic purposes.



          Wetlands are designated on -official Wetland Areas Maps at the

          Bureau of Planning, Department of Land Management and the

          Department of agriculture.





































                                         80











                                       Ouestions




          1.   TPC clearance must be obtained before encroachment permits,

               can be issued.


                    T or F

          2.   TPC clearance must be obtained before a permit for development

               within a wetland can be issued.


                    T or F

          3.   An ACOE permit is required, in addition to local TSPC permit,

               to perform work in, on, over or under all tidal waters.

                    T or F

          4.   Activities which required an ACOE permit include, but are not

               limited to the following:

               a.)           of boat ramps;              or other similar

                           and             reefs

               b.)           of floatsl          or mooring  _       in

               waters.

               c.) Discharging                  or other         materials into

               all           and wetlands.

          5.   Encroachment Permits are required whenever a project is being

               proposed that encroaches government land.

                    T or F

          6.   List four agencies whose signatures are required before

               encroachment permits cari be issued                           and






                                            81









           7.    No encroachment permit can be issued without the written
                 authorization of the Highway Manager and the Chief of Engineer

                 on all primary and secondary highways.

           8.    Before a building permit can be issued for development in a

                 flood hazard area, a                         must be approved by

                 a

           9.    List    some  examples    of Areas     of   Particular     Concern

                 (APC's)                                                           11

                                                                                 and



           10. 'A flood hazard area is another type of APC.

                      T or F

           11. Temporary Roadside Stand Permits are issued.annually.

                      T or F

           12. Items other than vegetables can be sold at a Roadside

                 Stand.


                      T or F

           13. Before a permit is issued for a Roadside Stand, the applicant

                 is required to file a $250.00 refundable cash bond.

                      T or F

           14. Sign permits are not required for the placem     ent of advertising

                 and or directional signs.

                      T or F

           15. Temporary signs are distinguishable from permanent or portable

                 signs by their                      -such as

                 and



                                              82









                      Answers to Questions on Other Permits

         1.   T


         2.   T


         3.   T

         4.   a. Construction, seawalls, structures, artificial

              b. Placement, piers, buoys, tidal

              c. sand, gravel, fill waters, wetlands

         5.   T

         6.   GPA, GTA, PUAG, Rights of Way Division-DPW

         7.   T

         8.   Tentative Plan, Building Official

         9.   Wetland,  Pristine Limestone Forest,    critical Habitatst

              Groundwater Aquifers, Slide Erosions Zones

         10.  T


         11.  F


         12.  F


         13.  T


         14.  F

         15.  construction materials, wood, metal, plastic















                                        83





















                APPENDIX A



                IZONING LAW



                TITLE XVIII











                                            GCVERNMENT CODE


                                            TITLE XVIII

                                              Zoning Law

              Chapter I.    General Provisions.
                      II.   Establishment of Zones and Boundaries.
                     III.   Use Regulations.
                      IV.   Height Regulations.
                        V.  Yard and Area Regulations.
                      VI.   Accessory Buildings.
                     VII.   Nonconforming Buildings and Uses.
                     VIII.  Automobile Parking and Loading Space Regulations
                      IX.   Sign Regulations.
                        X.  Junk Yards.
                      XI.   Administration and Enforcement.
                     XII.   Appeals and Reviews.
                     XIII.  Changes of Zones.
                     XIV.   Recording: Submission to the Legislature.
                      XV.   Fees.
                     XVI.   Penalty for Violation.


                                             CHAPTER I
                                         General Provisions


                17000. Title.
                17001. Purpose.
                17002. Def initions.
                17003. rnterpretation.

                  17000. Title. Thi     s Title shall be known as "The Zoning Law of
            the Territory of Guam." CIncluded In Original Government Code of Guam
            enacted F.L. 1-88, 1952.]

             . S 17001. Purpose. The purpose of this Title is to establish cer-
            tain minimum regulations for the protection and promotion of the            public
            health, safety and general welfare of the people of the Territory of
            Guam, which regulations are deemed necessary in order to encourage the
            most appropriate use of land, to provide adequate open spaces about
            buildings for light and air, to prevent undue concentration of popula-
            tion, and to assure adequate provisions for community utilities and fa-
            cilities such as water, schools, par@ks and other public requirementa.
            [Included In Original Government Code of Guam enacted by P.L. 1-88,1952.1

              S 17002. Definitions. For the purpose of this Title, certain terms
            are defined as follows:
              *Accessory Building." A detached subordinate building located on the
            same lot with a main building, the use of which is customarily 3econ-
            dary to that of the main building or to the use of the land.
              "Apartment House." Same as "dwelling, multiple."
              "Automobile Parking Area. Private.* An open area, located on the same
            lot with a dwelling or hotel, for parking automobiles of the occupants
            of such buildings.
              'Automobile Parking Area, Public." An open area, other than a street





                                                     84









           or private automobile parking area, designed to be used for the parking
           of two or more automobiles.
             "Building."    Any structure built for the support, shelter or enclosure
           of persons, animals, chattels, or property of any kind.
             "Building Height." The vertical distance measured from the average
           level of the highest and lowest point of that portion of the lot covered
           by the building to a point midway between the highest and lowest point of
           the roof.
             "Cluster Development."     Placement of residential units in close as-
           sociation to each other in order to consolidate required lot area into
           usable open space for the benefit of those living in such residential
           units. CAmended by P.L. 10-5, effective February 3, 1969.1
             "Commission."    Shall mean the "Tbrritorial Planning Commission of Guam."
             nDwelling."   A building or portion thereof designed exclusively for
           residential occupancy, including one-family, two-family and multiple dwel-
           lings, but not including hotels.
             "Dwelling Unit." One or more rooms and a single kitchen in a dwelling,
           designed as a unit for occupancy by one family for living and sleeping
           purposes.
             "Dwelling, One-Family." A detached building containing only one dwel-
           ling unit.
             "Dwelling, Two-Family." A detached building containing two dwelling
           units.
             "Dwelling,Multiple.0 A building containing three or more dwelling units.
             "Family." An individual, or two or more persons related by blood or
           marriage, or a group of not more than five persons who need not be related
           by blood or marriage living together as a single housekeeping unit.
             *Home occupation." An occupation, carried on by occupants of a dwel-
           ling as a secondary use of such dwelling, in connection with which there
           is no display, no stock in trade nor commodity sold on the premises, and
           no other person employed.
             "Hotel." A building containing six or more rooms intended or designed
           to be used, or which are used, rented, or hired out to be occupied, or
           which are occupied for sleeping purposes.
             "Junk Yard." An open area where waste, scrap metal, paper, rags, or
           similar materials are bought, sold, exchanged, stored, baled, packed,
           disassembled or handled, including the dismantling or storing of wreck-
           ed automobiles or other vehicles, and buildings. The terms "dismantling"
           or "storing" do not include the action of a licensed automobile repairer
           or garage owner in stripping an automobile or other vehicle of its us-
           able parts as long as such action is accomplished within ten (10) days
           of the arrival of the motor vehicle being stripped on the premises of the
           garage or automobile repair business.CAdded by P.L. 9-126, effective
           January 29, 1968.1
             "Lot"   A parcel of land occupied or to be occupied by a use or build-
           ing., and accessory buildings and uses, together with such yards, open
           spaces and lot area as are required by this Title, and having frontage
           on a street.
             "Lot Line,  front." The line separating the lot from the street. For
           the purposes  of yard requirements, a corner lot has two front yards and
           no rear yard.   Within a panhandle lot, the front lot line begins at the
           interior end  of the panhandle. CAmended by P.L. 9-29.2, effective August
           29, 1968.3
                                                       4 S
             "Lot Line,  rear."   The lot line which L opposite and most distant from
           the front lot line.
             "Lot Line, side."    Any lot line not a front lot line or a rear lot line.





                                                  85









             "Lot Depth.0 The horizontal distance between the front and rear lot
           lines, measured in the mean direction of the sie lot lines.
             OLot Width.w The horizontal distance between the side lot lines, meas-
           ured at right angles to the lot depth at a point midway between the front
           and rear lot lines.
             nLot Area." The total horizontal area within the lot lines of a lot.
             "Noncomforming Building." A building or structure which does not con-
           form to the regulations of this Title and which lawfully existed at the
           time the regulations, with which it does not conform, became effective.
             "Nonconforming Use." A use of a building or land which does not con:-
           form to the regulations of this Title and which lawfully existed at the
           time the regulations, with which it does not conform, became effective.
             "Planned unit development district.0 A substantial area in which de-
           velopment follows an approved plan integrating a combination of uses in
           an appropriate and unified manner. [Added by P.L. 9-232, effective Aug-
           ust lo, 1968.]
             "Story.n That portion of a building between the surface of any floor
           and the surface of the floor or ceiling next above it.
             nStructure.n Anything constructed or erected which requires location
           on the ground or attached to something having a location on the ground.
             *Use." The purpose of   which land or a building is arranged, designed
           or intended or for which  either land or a building is or may be occupied
           or maintained.
             "Yard.n An open space   on a lot, unoccupied and unobstructed from the
           ground upward, except as  otherwise provided in this Title.
             *Yard, front." A yard   adjoining the front lot line and extending
           across the full width of  the lot, the depth of which is the minimum hor-
           izontal distance between  the front lot line and a line parallel thereto
           on the lot.
             nYard, rear." A yard extending across the full width of the lot be-
           tween the most rear main building and the rear lot line. The depth of
           the required rear yard shall be measured horizontally from the nearest
           part of a main building toward the nearest point of the rear lot line.
             OYard, side." A yard between a main building and the side lot line,
           extending from the front yard or front lot line where no front yard is
           required to the rear yard. The width of the required side yard shall
           be measured horizontally from the nearest point of the side lot line
           toward the nearest part of the main building. [Included in Original
           Government Code of Guam enacted by P.L. 1-88, 1952: amended where in-
           dicated herein.]

             S 17003. Interpretation. In interpreting and applying the provisions
           of this Title, they shall be held to be the minimum requirements for the
           protection and promotion of the public health, safety and general welfare,
           and shall be liberally construed in furtherance of these objectives. [In-
           cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952.3


                                          CHAPTER 11
                           Establishment of Zones and Boundaries

              17050.  Zones.
              17050.1 Zoning map: Agana: adopted.
              17051.  Zone boundaries.
              17052.  Church Zone in Dededo.
              17053.  Zone boundaries Maina.
              17053.1 Zone boundaries Maina.
              17053.2 Tumon Commercial.
              17053.3 Yigo Commercial.
              17053.4 Nimitz Hill R-2.         86









                    17050. Zones. In order to carry out the purposes and provisions
             of this Title, areas within the Territory of Guam are hereby divided in-
             to nine zones, known as:
                "A"   Agricultural Zone
                -Rl"  One-Family Dwelling Zone
                "R2"  Multiple Dwelling Zone
                "P"   Automobile Parking Zone
                "C'   Commercial Zone
                "M I "Light Industrial Zone
                *'M2" Heavy Industnal Zone
                "LC"  Limited Commercial Zone
                "H"   Hotel Resort Zone
             The aforesaid zone symbols and the boundries of such zones shall be shown
             upon a map or maps which shall be designated as the *Zoning Map."
                The *Zoning Mapn shall be adopted by the Commission and shall be ef-
             fective upon its approval by the Committee on Rules of the Legislature
             and by the Governor. The "Zoning Map"'3hall be submitted to the Com-
             mittee on Rules prior to its submission to the Governor and such map
             shall be deemed approved by said Committee, unless within fifteen (15)
             days Of its receipt thereof, said Committee shall adopt a resolution dis-
             approving the same, in which case the map shall be returned to the Com-
             Mission. NO such map shall be adopted by the Commission except after
             public hearing, ten (10) days notice of time and place of which shall be
             given in a newspaper of general circulation.
                The "Zoning Map' may be divided into separate parts and separately
             adopted and approved as the necessary planning and study therefor is com-
             pleted. [Enacted 1952: repealed and added by P.L. 6-136, effective Dec-
             ember 18, 1962.1

                   17050.1 Zoning map of Agana. The zoning map of Agana identified
             as Drawing No. GI-54517 and heretofore adopted as part of the "zoning
             Map", is hereby amended by extending the commercial zones appearing on
             said map, north of Route 8 and south Of the Mongmong Maite road, two
             hundred (200) feet in depth on each such area. Notwithstanding any other
             provision of law, these two commercial zones may not hereafter be altered
             or cknmged except by statue. [Repealed and added by P.L. 10-141, effec-
             tive March 26, 1970.1

                5 17051. Zone boundaries. Where the zone boundaries indicated on the
             "Zoning Map,' said map, and all notations, re:erences and their extens-
             ions; such lines shall be construed to be the zone boundaries.
                Where the zonebourdaries indicated on said map are not street, alley or
             lot lines, or extensions thereof, tne zoneboundaries shall be determined
             by the use of the scale appearing on the "Zoning Map,* unless otherwise
             specifically shown by dimension.
                In any Case where there is uncertainty as to the intended.location Of
             a zoneboundary, the Commission shall have the power and duty to deter-
             mine its intended location. (Included in Original Government Code of
             Guam enacted by P.L. 1-88, 1952.3

                ï¿½ 17051.1 7.oning map ot Agana. The zoning map of Agana identified as
             Drawing No. GI-54517 and heretofore adopted as part of the "Zoning map;',Js here-
             by amended by extending the comnercial zone appearing on said map, north of Route
             8 and south of the Mor4prng Maite road, two hundred (200) feet in depth on each
             such area. P.L. 12-160 dated August 29, 1974, further amend the zoning map of
             agam by extending the commercial zones north and south of Route 4 ft-om Marine
             Drive to Lot 83, SinaJana once an the north side and to Lot 3202, Sinajana on
             the south side, to a depth of two hundred (200) feet where the zones are riot
             already of that depth and by further extending the commercial zone on said map
             to include the entire area broadened by Route 4, 3rd street south, lst street
             east and Cliff Drive. Notwithstanding any other provision of law, these said
             mentioned commercial zones may not hereafter be altered or change except by
             statue. (Repealed and added by P.L. 10-141, effective March 26, 1970)
                                                        87









                     17052. Church Zone in Dededo. As an amendment to the Dededo Zon-
                  ing Map (Land Management Drawing No. E3-67S39), adopted by the Committee
                  on Rules of the Guam Legislature pursuant to the provisions of  17050
                  of this Title, the area in the of Dededo, bounded by West
                  Santa Monica Avenue to the north, Dolores Street to the east, and West
                  San Antonio Avenue to the south and west, is hereby declared to be zon-
                  ed for church and church-related activities. [Added by P.L. 10-106,
                  effective February 6, 1970.

                     17053. Basic Lot Nos. 242, 243 and 269 REM, all in Maina in the Municipality
                  of Asan, are hereby rezoned to R-2, multiple dwelling. (Added by P. L. 12-111.)

                     17053.1  "Lot Nos. 235-REM-3-1 and 235-REM-3-2 in Maina in the Municipality   
                   of Asan are hereby rezoned to C, Commercial" (Added by PL. 12-111.)
                     17053,2 Tumon Commercial Zone. All property lying on either side of Route
                  1 (Marine Drive) between the two intersection of Tunan Loop with Route 1, to a
                  depth of two hundred (200) feet from the edge of the right-of-way along Route 1,
                  is hereby established as Commercial Zone Property. (Added by P.L. 12-160.)

                     17053.3 Yigo Commercial Zone. All property lying on either side of Route 1
                  (Marine Drive) between the Old Marbo PX and the Yigo Catholic Church, to a depth
                  of two hundred (200) feet from the edge of the right-of-way along Route 1, is
                  hereby established as Commerical Zone Property. (Added by P.L. 12-160.)
                     17053.4 Nimitz Rill R-2 Zone. A.11 property lying on either, side of the
                  road from Top 0' The Mar (Nimity Hill - Spruance Drive) to the New Piti Elementary
                  School, to a depth of two hundred (200) feet from the edge of the right-of-way
                  along Route 6, is hereby established as R-2 Zone Property. (Added by P.L. 12-160.)
                    Agat R-1 Zone. Tract 132, Lots 1 through 9, inclusive; Lots 194-2-1 through 194-2-3, inclusive; Lots
                  195-1.1 through 195-1-3, inclusive; Lot 195-2 and Lot 209-Rl-NEW. (Added by P. L. 14-123.)
                    Tamuning Commercial Zone. AD property to a depth of 200 feet from the center of the main thorough-
                  fare beginning at the Good Samantan Medical Clinic to the nearest boundary of Tamuning Elementary
                  School, and beginning at the Saeqban Finishing Studio extending to the nearest boundary of Farenholt
                  Road. (Added by F. L. 15-61.)
                    Barrigada Commercial Zone. All property to a-depth of 200 feet from the center of the main thorough-
                  fan beginning at the Junction of Routes 8 and 16 extending west to the Barrigada Toto Road. (Added
                  by F. L. 15-61.)
                                                       CHAPTER III
                                                     Use Regulations

                      17100.    conformance of uses to zone regulations.
                      17101.    Regulations along district boundaries
                      17102.    Conditional use.
                      17103.    "A" rural zone.
                      17104.    "Rl" single family dwelling zone.
                      17105.    "R2" multiple dwelling zone.
                      17106.    "C" commercial zone.
                      17107.    "P" automoblie parking zone.
                      17108.    "M1" light industrial Zone.
                      17109.    "M2" heavy industrial zone.
                      17110     "H" hotel-resort zone.
                        17100. Conformance of Uses to zone regulations. No building or
                  structure shall be altered, enlarged, moved or maintained, and no build-
                  ing or land shall be Used for any purpose, except for a Use permitted in
                  the zone in which such building or land is located, as hereafter provided
                  in this article.
                    ï¿½ 17101. Regulations along district boundaries. Where a commercial or
                  industrial use occurs in zones permitting such uses, but in areas which
                  are located adJacent to rural or residential zones, the yard requirement
                  shall be twice that required of such use or twenty (20) feet, whichever
                  is the greater.
                                                               88
 






                        17102.  Conditional use.   In addition to permitted uses in each of
                  the zones, specified uses will be permitted upon approval by the COmmi3-
                  31on of the site plan, including, but not limited to, disposal of sewage,
                  access, parking, structure location and accompanying convenant3 that may
                  include performance standards.
                        17103. "A* rural zone.
                        Use   Permitted
                          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, tree and other
                              vegetative production, whether for commercial or personal uses.
                              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, barn3, corrals, or other similar structures.
                     (b) Conditional Use
                          1.  Parks, playgrounds and community centers.
                          2.  Biological gardens.
                          3.  Schools and churches.
                          4.  Hospitals, sanitariums, and institutional uses.
                              Cemeteries.
                              Recreational use including golf courses, cockpits, marinas,
                              beaches, 3WI-Ing pools, and accessory residential and commer-
                              cial use.
                              Extractive industry.
                              Utilities and public facil4tie3.
                              Wholesale and retail stores, shops ana w"aine3303.
                        10.   Automobile service stations, including service shops.
                        11.   Access*" uses and structures for the above.

                        17104. "Rl" one-family dwelling zone.
                     (a) Use  Permitted
                          1.  One-family dwellings.
                          2.  Gardening and the keeping of pets for noncommercial purposes.
                          3.  Use Customarily accessory to any of the above uses including
                              home occupations and private parking areas with accessory
                              buildings and structures.
                     (b) Conditional Use
                          1. Duplexes.
                          2. Schools and churches.
                          3-  Parks, playgrounds and community centers.
                          4.  Health service office, outpatient with laboratory.
                          5.  Utilities and public facilities.

                        17105. *R20 multiple dwelling zone.
                     (a) Use  Permitted
                          I.  One-family dwellings.
                          2.  Duplexes.
                          3.  Multi-family dwellings.
                          4.  Hotels, private groups and institutions.
                          5.  Accessory U3t3 and structures for the above.
                     (b) Conditional Uses
                          1.  Arjy conlitional uses permitted in the "Rl" zcre.
                          2.  Health clinics.
                                                      le
                          3.  Utilities and Public fac!Ut" 3
                          4.  Air, buz, taxi, auto, rental termirA13-
                              Acces3cm7u3es and structures for the above.
                              (Amended bv P. L. 11-60)
                        17106. OCO commercial zone.
                     (a) Use  Permitted
                          1.  One-ramily dwellings.
                          2.  Duplexes.
                          3.  wholesale and retail stores, shops and businesses.
                          4.  Amusement enterprises.
                          5.  Automobile service station, including minor repairs.
                          6.  Bakeries.
                          7.  Mortuaries.

                                                       89









                      8. Offices, business or professional, and banks.
                      9. Personal service shops, including barber shops, beauty parlors,
                         laundromat3, and the like.
                     10. Repair shops and service shops, including shoe repair shops,
                         plumbing shops, dressmaking shops, and the like, but not in-
                         clUding, automobile repair shops for major work.
                     11. Restaurants and cafes.
                     12. Studios*
                     13. Other uses which in the judgment of the Commission, as evi-
                         denced by resolution in writing, are similar to those 1-isted
                         herein.
                     14. Uses customarily accessory to any of the above listed uses,
                         including only those accessory to manufacturing, storage, com-
                         pounding, 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.
                (b) Conditional Use
                      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.
                      6. Hotels, motels, tourist accommodations.
                      7. Air, bus, taxi, auto rental terminals.
                      8. Auto sales and car wash.
                      9. Parking garages and lots.
                     10. Service vehicle storage.
                     11. Lundries and cleaning and dyeing establishments.
                     12. Schools and churches.
                     13. Parks, playgrounds, communi  'ty centers.
                     14. Utilities and public facilities.
                     15. Accessory uses and structures for the above.

                    17107. "Po automobile parking zone.
                (a) Use  Permitted
                      1. Public or commercial parking area and garages.
                      2. Public access to adjoining parking areas.
                      3. Loading and unloading of automobiles or trucks, but not to
                         use portions of required parking space.
                      4. Service vehicle storage after commercial hours.
                      5. Utilities and public facilities.
                      6. Accessory uses and structures for the above.
                    17108. OK1- light indU3triai zone.
                 (a) Use Permitted
                      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 ar-
                         ticles or merchandise from previously prepared materials.
                      4. Automobile repair shops Including painting, body and fender
                         work and rebuilding; truck and tractor repairing; and tire re-
                         treading.
                      5. Bottling and packaging plants.
                      6. Ceramic products manufacturing.
                      7. Laundries and cleaning and dyeing establishments.
                      8. Xachine Shops and sheet metal shops.
                      9. Warehouses and cold storage plants.
                     10. Lumber yards, builaing material salesyards, contractor's equip-
                         ment storage yards, and the like.

                                                     90





                    11. Other uses which in the 4udgment of the Commissions, as evi-
                        denced by a resolution in writing, are similar to those listed
                        herein.
                    12. Uses customarily accessory to any of the above listed uses,
                        and accessory buildings.
               (b) Conditional Use
                    1. Other industrial uses not objectionable, obnoxious or offensive
                        by reason of odor, dust, smoke, noise, gas fumes, cinders, vi-
                        bration, flashing lights, or water-carried waste.
                    2. Utilities and public facilities.
                    3. Accessory uses and buildings for the above.

                    17109. *X2' heavy industrial zone.
                 (a) Use  Permitted
                      lo  Any uses permitted in the "Ml" zone, excepting residential use,
                      2.  Junk Yards. Under the special provisions set forth in Chapter
                          X Of this Title.
                      3.  Any other Uses not specifically prohibited by law, including
                          those which are or may be objectionable, obnoxious, or offen-
                          sive 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.
                 (b) Conditional Use
                      1. All residential uses.
                      2. Accessory uses and structures for the above.
                    17110. "H" hotel-resoirt zone.
                 (a) Conditional Use
                     1. A.11 tourist related activities.
                 COriginal Chapter 111, consisting of SS 17100-17107, enacted 1952;
               original 1 17108 added by P.L. 5-64, effective February 29, 1960; Chap-
               ter III was repealed and a new Chapter III added (56 17100-17109) by P.
               L. 9-252, effective August 29, 1968. Original ï¿½ 17107 had been amended
               by P.L. 9-126, effective January 29, 1968.3

                                              CHAPTER IV
                                          Height Regulations

                  17150.  Heiqht limit established.
                  17151.  Buildinqs and structures permitted above heicht limit.
                    17150.   Height limit established.    In the OA,* OR1,0 xLC,0 ER2,0
               OC,* OX1,0 and *M26 Zones, no building or structures shall be erected or
               maintained, nor shall any existing building or structure be altered, en-
               larged., moved, or maintained, to exceed a height limit or two (2) stories
               (the two (2) stories shall not exceed a height of thirty (30) feet, ex-
               cept that in the "C" Zone within the "New Agana" lot and block system the
               building height limit shall be six (6) stories (the six (6) stories shall
               not exceed a height Of 3eventy-five (75) feet).CEnacted 1952; amended by
               P.L. 7-19, effective May 9, 1963.1
                 S 17151. Buildings and structures permitted above height limit. The
               following buildings, structures and equipment may be erected and maintain-
               ed above the permitted height limit:
                 (a) In the "A" Zone, any building may exceed the height limit of two (2)
               stories or thirty (30) feet, if such building'Is located at least a dis-
               tance equal to two (2) times the height of the building from any lot line;
                 (b) Shelters accessory to roof gardens or decks, providing such shelters
               art open on two (2) or more sides, occupy less than half the roof area, do
               not exceed the height limit by more than ten (10) feet, and are set back
               at least eight (8) feet from each lot line;
                 (c) Roof structures for the housing Of stairways, tanks, ventilating
               fans, or similar structures and equipment for the maintenance of the build-
               ing; and
                 (d) Aerials, flagpoles, skylights, steeples, towers, fire or parapet
               walls, or other similar structures.
                 (e) Hotels, provided, that for every foci in elevation exceeding the
              -standard limitation, two (2) feet shall be added to each of the required
               yard depths and widths; and provided, fl@rther, that the height limit for
               any such hotel shall be six (6) stories (the-six (6) stories shall not ex-
               ceed a height of 3eventy-five (75) feet). [Enacted 1952; subsection (e)
               added by ?.L. 9-197, effective July 1, 1968.1



                                                     91











                                                           CHAPTER V
                                               Yard and Xrea Regulations

                    17200.    Minilnuin yards and lot areas established.
                    17201.    General Yard and area requirements.
                    17202.    Exceptions to yard and area regulations.
                    17203.    Statements of purpose: building and building height restrictions in beach
                              areas.


                      17200. Minimum yards and lot areas established. No building or
                   structure shall be erected or maintained, nor shall any existing build-
                   ing or structure be altered, enlarged, moved or maintained; on any lot,
                   unless a front yard, a rear yard, and two (2) side yards are provided
                   and maintained on such lot. The depth of such front and rear yards and
                   the width of such side yards shall not be less than the depth and width
                   specified in the following "Yards and Lot Area" table. Further, no lot
                   width or lot area, nor any lot area per dwelling shall be less than that
                   specified in said table. A commercial building to occupy the whole width
                   of a lot must be of four-hour fire-resistive construction. If party
                   walls are to be erected, the written consent of the owners of adjacent
                   lots must be obtained as a prerequisite for the issuance of a building
                   permit to start construction. If the building to be erected is not of
                   fireproof construction, side yards of eight t8) feet wide must be provid-
                   ed. In the Rural (A) Zone all structures shall have front and rear yards
                   of twenty-five (25) feet and side yards of fifteen (15) feet; the width
                   of each lot shall be one hundred (100) feet with an area of not less
                   than twenty thousand (20,000) square feet. The lot area per dwelling
                   unit in the Rural Zone (A) shall be not less than cen thousand (10,000)
                   square feet. (Amended by P. L. 15-57.)
                                                      YARD AND LOT AREA

                     1380         Front Yard Rear Yard Side Yard              rAt        Lot Area         Lot Area per
                                    Depth          Depth        Depth        Width                       Dwellinq Unit
                single Family       is ft.         10 ft.         8 ft.      SO ft.     S,000 sq.   ft.  5,000 sq. ft.
                ftlti-ramily        is ft.         10 ft.         a ft.      50 ft.     S,000 sq.   ft.  1,250 sq. ft.
                Com- cial           . . .          20 ft.        . . .       20 ft.     2,000 sq.   ft.    400 sq. ft.
                Liqht Zndus.        . . .          20 ft..        8 ft.      50 ft.     5,000 sq.   ft.  1,250 sq. ft.
                Hisavy Indu -       2S ft.         2S tt.        is ft.     120 ft.    40,000 sq.   ft.
                   Unless facilities         are   otherwise provided for            loading, the rear yard
                must be not less than twenty (20) feet in depth. CEnactedl952; amended
                by F  *L. 9-103, effective August 23, 1967; further amended by P.L. 9-252,
                effective August 29, 1968.3

                   S 17201. General yard.and area requirements.
                   (a) go required yard of other open space provided about any building or
                structures for the purpose of complying with the provisions of this Title,
                shall be considered as providing a yard or open space for any other build-
                ing  or structure
                   (b) No lot or parcel of land under separate ownersnip at the time this
                law became effective shall be separated in ownership or reduced in size
                below minimum lot width or lot area set fo-th in the "Yards and Lot Area"
                table.
                   (a) Where a lot in the "Rl" zone has an 'area of ten thousand (10,000)
                square feet or more, a one family dwelling may be erected and maintained




                                                                    92








             on each .117e thousand (5,000) square feet thereof, if front, s:.de and
             rear yards of the depth and width specified in the "Yards and Lot Area"
             table are provided and maintained for each such dwelling.
              (d) In the "C" and "Ml" zones, every building hereafter erected on a
             lot which abuts a primary or secondary highway, as shown on a highway
             plan adopted by the Commission or Legislature, shall provide and main-
             tain a front or side yard having a depth or wJdth, a3.the case maybe, of
             not less than that required to conform t-o the line Of such highway.
              (e) A hotel or motel, while Considered a multi-family use, requires a
             minimum of four hundred (400) square feet of lot area per living unit in
             a commercial zone.
              (f) A Cluster development may have a reduction of yards and iot width
             upon approval by the Commission. CAmended by P.L. 10-5, effective Feb-
             ruary 3, 1969.1
              (g) Every building hereafter created on a iot which @buts a primary
             or secondary highway as shown on a highway plan adopted by the Commission
             or Legislature, shall provide and maintain a front yard having a depth of
             not less than that required to conform to the line of such highway. [En-
             acted 1952; amended by P.L. 9-252, effective August 29, 1968.]
              ï¿½ 17202. Exceptiona to y"a 44AU area ragulations
              (a) No front yard need be provided on a lot in a hillside area where the ;opography of the lot is such
             as to make it unreasonable or impractical to locate a building on the lot and provide a front yard.
              (b) No side yard need be provided for a dwelling or hotel erected above the ground floor of a building,
             where the ground floor is designed for commercial or industrial purposes..
              (c) Cornices, eves, belt courses, siU canopies or other simila architectural features, may project into
             a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and
             may project into any other required yard space not more than thirty (30) inches.
              (d) Open, usienclosed stairways or balconies, not covered by a roof or canopy, may project into a
             required rear yard not more than four (4) feet, and such balconies may project into a required front
             yard not more than six (6) feet.
              (e) Open, unenciosed porches, platforms, places, not covered by a roof or canopy, or landings, which
             do not extend above the level of the first floor of the building, may project into any required front,
             side or rear yard, not more than six (6) feet.
              (f) A fence, lattice work screen, wall, or hedge, not more than six (6) feet in heignt, may be located
             in any required front, side or rear yard.
              tg) In computing the lot area of a lot whicn wuts upon an alley one-half (112) the width of such
             alley may be assumed to be assumed to be a portion of the lot.
              (h) Accessory buildings or structures may be located and maintained in a rear yard, except in the
             required ten (10) foot rear yard which is that portion adjoining the rearmost main building on the lot.
             Such building or structures may also be located and maintained in any side yard. except in the- required
             eight (8) foot sicle yards adjoining each of the side lot lines. When such buildings or structures are
             to be used exclusively for storage or as outdoor cooking facilities, they may be located in a rear yard
             walls erected on the rear and/or side lot lines; provided that such buildings or structure shall not exceed
             sixty (60) square feet of floor space and the roofs thereof shall not project beyond the rear or side lot
             lines and shall be sloped in such a manner as to prevent ram run-off from flowing to adjacent property.
             A storage or cooking facility may only be constructed on residential lots which meet the yard require-
             ments provided by Section 17200 of this Code. (Included in original Government Code of Guam,
             enacted by P. L. 1-88, and amended by P. L. 15-61.)
              ï¿½ 17203. Statement of purpose: building and building height restric-
             tions in beach areas.
              (a) The legislature finds that tne indiscriminate building of structures,
             on the beaches of the Territory of Guam creates a menace to the well-





                                               93









         being of the people of the territory by increasing the pollution of tidal
         waters, that such construction, in addition, deprives the people of Guam
         of their right to the untrammeled use of beach areas beyond the high water
         mark, and finally, that such construction destroys the natural beauty of
         Guam's beaches, one of the territory's greatest natural resources. Accor-
         dingly, it is the purpose of the restrictions hereinafter contained to
         protect the beaches of Guam for future generations, to alleviate the
         health problems caused by-construction near tidal areas, and to make cer-
         tain that the people of Guam remain free to use the beaches of the ter-
         retory to the maximum extent not incompatible with private ownership of
         the lands adjoining said beaches.
          (b) Along any beach in the Territory of Guam, no building may be con-
         structed within thirty-five feet (35') of the mean high water mark bound-
         Ing said beach, nor may any building higher than twenty feet (201) be
         constructed within seventy-five feet (75') of the said mean high water
         mark; provided, however, that If thirty percent (30%) or more of the land
         area of any lot bounded by a beach is affected by the provisions hereof,
         then as to such lot, the building restrIction is reduced from thirty-five
         feet (35') to twenty feet (201). For purposes of this section the term
         "beach" does not include those areas where the shoreline is a cliff or
         bluff higher than twenty-five feet (25'), nor shall it include those
         areas where the shoreline is bounded by village lots containing no more
         than a thousand (1000).square meters in those villages wherein residences
         have been constructed along the shoreline since prior to the Second World
         War, and the term "building" includes any structure except a retaining
         wall that cannot be seen. (Added by P.L. 12-19, effective April 12, 1973.)


                                       CHAPTER V1
                                  ACCessory Buildings

            17250.  rocation of accessory buildings.

              17250. Location of accessory buildings. In the "A," "Rl," and mR2"
         zones, no accessory building shall be erected or maintained and no exist-
         ing building shall be enlarged, moved or maintained, unless such accessory
         building is located on the lot in conformance with following regulations:
           (a) Every accessory building shall be located on the rear one-half (1/2)
         of the lot and shall be not less than eight (8) feet from the side street
         lot line of a corner lot;
           (b) Every accessory building located in a rear yard (between the rear
         lot line and the rearmost main building on the lot) shall be not less than
         ten (10) feet from said main building and not less than five (5) feet from
         any lot line which is not a street line;
           (a) Every accesso.-y building located in a side yard (between the side
         lot line and side of a main building) shall be not less than five (5) feet
         from such main building and not less than eight (8) feet from the side lot
         line; and
           (d) No accessory building shall be.located in a front yard or on the
         front one-half (1/2) of a lot, except on hillside lots where the topogra-
         phy makes it impractical to conform to the other regulations of this ar-
         ticle. [Included in Original Government Code of auam enacted by P.L. 1-88,
         1952.]








                                               94










                                                          CHAPTER V11
                                           Nonconforming Buildings and Uses

                        17300.    Nonconforming buildings.
                        17301.    Nonconforming use of buildings.
                        17302.    Nonconforming use of land.
                        17303.    Nonconforming by reclassificatign or change.

                          17300. Nonconforming buildings.
                       (a) A nonconforming building may be maintained and repaired,, except as
                    otherwise provided in this section.
                       (b) A building nonconforming as to use regulations shall not be added
                    to or enlarged in any manner, unless said building, including such ad-
                    d1tion3 and enlargements, is made to conform to all the regulations Of
                    the zone inwhich it is located.
                       (c) A building nonconforming as to height or yard regulations may be added
                    to or enlarged if such addition or enlargement conform to all the regulations
                    of ttv zone in which it is located; provided, that a residential building non-
                    conforming as to height regulations may be added to or enlarged notwithstwiding
                    the fact that such addition or waargawnt may violate yard regulations, and a
                    building nonconforming as to yard regulations may be added to or enlarged not-
                    withstwding the fact that such addition or enlargwent violates height regula-
                    tions. (Added by P.L. 12-160 dated March 29, 1974. Mae aforawnticned provision
                    shall be applied to alterations, addition. or improvements constructed prior to
                    the effective date of this act.)
                       (d) A nonconforming building which is damaged or partially destroyed
                    by fire, flood, wind, earthquake, or other calamity, to the extent of not
                    more than 'fifty percent (50%) of its value at the time of such damage or
                    destruction, may be restored if the to.tal cost of such restoration does
                    not exceed fifty percent (50%)           of the value of the building at the time
                    of such damage or destruction. Where the damage cr destruction exceeds
                    said value, the building shall           not be repaired or reconstructed unless
                    the. entire building is made to          conform to all regulations for a new build-
                    ing in the, zone in which It Is          located.
                       (e) A building nonconforming          as to restrictions set Aporth in ï¿½ 17203 of
                    this Title may be maintained and repaired but may not be enlarged, and in
                    the case of its damage or partial destruction by fire, flood, wind, earth-
                    quake, or other calamity, to the extent of not more than fifty percent
                    (50%) of its replacement cost at the time Of such damage or destruction,
                    then it may be restored If the total cost of such restoration does not ex-
                    ceed fifty percent (50%) of the replacement cost of -he building at the
                    time of such damage or destruction. Where the damage or destruction ex-
                    ceeds said cost, the building shall not be repaired or reconstructed.
                    [Enacted 1952; subsection (e) added by P.L. 9-163, effective March 7,
                    1968.3

                       S 17301. Nonconforming use of buildings.
                       (a) The nonconforming use of a btillding, existing at the time this law
                    became effective, may be continued.
                       (b) The use of a nonconforming bu-ilding-may be changed tc any other use
                    which 13 permitted in the same zone as the use for which ",he Duilding or
                    structure is designed or intended. The use of a non-conforming building
                    may also be changed to any use permitted in a more restricted zone class-
                    ification. Where the Use of a non-conforming building is hereafter dhang-
                    ed to a u-se of a more restricted zone classification, It shall not there-
                    after be changed to a use of a less restricted zone classification. [16-
                    cluded-in Original Goverment Code of uuam enacted by P.il. 1-88. 19r,-,'.',

                       S 17302. Nonconforming use of land. The nonconforming use of land,
                    existing at the time this law became effective, may be continued exceot
                    that such use shall not be exrenaea either on the 3ame or @n to ad@loin_
                    Ing property. Where a nonconforming use of.land is discontinued -,r






                                                                  95









                    changed, any future use of such land shall be in conformity with the pro-
                    Visions of this Title. [Included in Original Government Code of Guam en-
                    acted by F.L. 1-88, 1952.1

                      5 17303. Nonconforming by reclassification or change. The foregoing
                    provisions of this Title shall also apply to buildings, land and uses
                    which hereafter become nonconforming due to any classification or reclas-
                    sification of zone or to any change in the provisions of this Title. (In-
                    cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952.1


                                                   CHAPTER V111
                               Automobile Parking and Loading Space Regulations

                        17350.  Autmobile parking space.
                        17351.  General requireMent3.
                        17352.  Wading space

                         17350. Automobile parking space. Off-street automobile parking
                    space shall be provided as follows:
                      (a) For dwellings, at least one (1) automobile parking space for each dwelling
                    unit. (P.L. 12-163);
                      (b) Fbr hotels at least one (1) autanobile parking space for each four (4)
                    guest rooms (P.L 12-163);
                      (a) For places of asseftly, such as churches, auditorium or theatres with
                    seating facilities, one parking space for each four (4) seats (P.L. 12-163);
                      (d) Fbr places of assembly such as restaurants or night clubs without fixed
                    seating facilites (P.L. 12-163); one (1) parking space for each one hundred
                    (100) square feet of customers area in stich use (P.L. 12-163);
                      (e) For retail sales of building materials, and goods requirirg extensive
                    display areas, industrial buildings and warehouses, one (1) parking space for
                    each eight hundred (800) square feet of area in such use, exclusive of loading
                    requirements (P.L. 12-163);
                      M Fbr retail and wholesale sales and services, exclusive of warehouse activity,
                    at least one (1) space for each one hundred (100) square feet or portion thereof
                    of usable ccwercial floor area (P.L. 12-163);
                      (g) Fbr professional and business offices, pUblic administration offices, one (1)
                    parking space for each four hundred (400) square feet or portion thereof of -floor
                    area (P.L. 12-17);
                      (h) For offices ind clinics, of healing arts, at least five (5) spaces for each
                    practicners (P.L. 12-163);
                      (i) For hospitals and nursing houes, at least one (1) space for each two (2)
                    beds (P.L. 12-163);
                                                                        (p.r
                      Q) Three (3) spaces for ever"I four (4) employees    " 12-163);
                      (k) Total parking requirements will be a total of all applicable elements in
                    paragr-aphs (a) through W (P.L. 12-163);
                      (1) Appropriate parking space for open space activities such as swimmlirg,
                    beaches, picnic area, campgmunds, boating areas, shall be determined by the
                    Territorial Planninx Commission-ML. 12-163).

                    ï¿½ 17351. General requirements.
                      (a)    Autormbile parking space required by this Title shall be provided at
                    the time of the erect4.cn of any main building or at the time any existing main
                    building is enlarged or increased !n capacity by adding dwell_4ng units, guest
                    rooms or floor area, and such parking space shall thereafter be -alntained
                    (P. L. 12-142);

                      (b)    In the case of a dwellIng, the automobile parWing space shall' be on
                    the same lot and may be provided either In a private Sar-age or in a private
                    automobile parking area








                                                            96






                   (C)    in the case of multi-residential buildings, churches, theatres, Cl1niC3P
                 commercial or industrial buildings, the automobile parkLng space shall be an
                 the same lot or may be provided in a parking garage available to the public or
                 a private parking area adjacent thereto (P. L. 12-142).

                   (d)    Every automobile parking space shall contain a minimumi of one hundred
                 and eigtity (180) square feet and shall have adequate access to a public rUht-
                 of-my (P. L. 12-142).

                      17352. toadirg "r . Off-street loading spaces for every commercial or
                 Industrial building shall be provided, located and scaled to meet the aMiCip-
                 ated needs Of all establis   Ms and activities likely to require, such bpace..
                 In PrAral, Off-street loading space shall be located in service areas at the
                 rear Or sides of e3tabll,314MM3 in 3=h a way that them will be minimin inter.
                 ftr4=0 with Off-street parking or vehicular movement in off-street parking
                 arvas (P. L. 12-142).


                                                   CHAPTCR IX
                                               Sign Regulations

                    17400.   Restriction of use.
                    17401.   Irection of siqns.

                      17400. Restriction of use. go structure of any kind or character
                 erected or maintained for outdoor advertising or identification purpose&
                 upon which any poster, bill, printing, painting, or other advertisement
                 of any kind whatsoever is placed, including statuary for advertising or
                 indentification purposes, and no card, cloth, paper, metal, painted or
                 wooden sign of any character placed for outdoor advertising or identifi-
                 cation purposes, on or to the ground or any tree, wall, bU3h, rock, fence,
                 building, structure or thing, either privately or publicly Owned, shall
                 be placed or maintained on property adjacent to any highway, road, street,
                 boulevard, lane, court, place, summons, trail, way, or other right of way
                 or easement used for or laid out and intended for public passage of vehi-
                 cles or of vehicles and persons except as provided below:
                   a. In Residential and Agricultural zones no exterior name plate or
                 sign shall be erected, displayed, or maintained, except the following:
                  (1)   One (1) non-moving, non-flashiftg sign for each family residing on
                        the premises indicating the name of the resident or pertaining to
                        a permitted occupation provided that each such sign does not exceed
                        three (3) square feet in area.
                  (2)   One (1) on-moving, non-flashing sign, not exceeding twelve (12)
                        square feet in area, pertaining to permitted buildings, structures,
                        and uses of the premises other than dwellings and occupations per-
                        mitted cherin.
                  (3)   Temporary unlighted signs ag&regating not over twenty-four (24)
                        square feet in area pertaining to the sale or lease of the premises.
                  (4)   Unlighted directional signs noi@ exceeding three (3) square feet in
                        area pertaining to churches, schools. institutions and other public
                        or nonprofit uses.
                   b. In commercial zones, no exterior signs shall be erected, displayed
                 or maintained except the.following:
                  (1)   Signs indicating the name of a person or the type of business oc-
                        cupying the premises or the name of che building, provided that:
                  (a)   Individual signs shall be non-flashing and non--@moving.
                  (b)   Individual signs shall be placed flat on the building wall, shall
                        not be higher than the roof line of the building, and shall project
                        no further than eighteen (18) inches from the wall to which they are
                        attached.
                  (c)   Individual signs shall not cover an area in excess of five percent
                        (05%) of the surface of the wall to which they are attached.
                  (2)   Free Standing, double-faced signs indicating the name of a person
                        or the type of business occupying the premises or the name of the


                                                           97







                building, provided that:
            (a) Such sign shall not exceed forty (40) square feet in area on each
                face nor twelve (12) feet in height.
            (b) Such structure shall not be placed closer than ten (10) feet to any
                street or highway right of way; and
            (c) One such sign shall be permitted for each premises or building.
                Amended by [P. L. 15-140, September 5, 1980.]
            c. In Industrial zones no exterior signs shall be erected, displayed
          or maintained except the following:
            (1) Signs indicating the name of the person, or the type of industry
                occupying the premises or the name of the building, provided that:
            (a) Individual signs shall be non-flashing and non-moving.
            (b) individual signs shall be placed flat on the building wall, shall.
                not be higher than the roof line of the building, and shall project
                no further than eighteen (18) inches from the wall to which they are
                attached.
            (c) Individual signs shall not cover an area in excess of tea percent
                (10%) of the surface of the wall to which they are attached.
            (2) Free standing signs identifying the name of the owner or occupant
                of the premises, or advertising goods manufactured or produced, or
                services rendered, on the premises, provided that:
            (a) Such sign shall not exceed sixty (60) square feet in area nor twelve
                feet (12) in height.
            (b) Such structure shall not be placed closer than ten (10) feet to any
               .street or highway right of way.
            (c) Such signs shall be non-moving and non-flashing.
            (d) One (1) such sign shall be allowed for each industrial structure, or
                complex of structures housing a single industrial user.
            d. The provisions of this section shall not apply to any sign placed
          by or for purposes of any charitable, religious and civic organization,
          individual or entity Iif the same remains posted or erected for a period
          of not more than sixty (60) days.


            5 17401. Erection of Signs. All permitted signs shall be erected in
          such a manner as not to create a hazard to public safety or property,
          and shall De resistant to winds, typhoon, earthquake or other natural
          phenomenon. Engineering design shall be based on applicable sections
          of the Building Law of Guam (Title XXXII Government Code of Guam).
            The Building Official shall set specific engineering design standards.
          Application,accompanied by detailed drawings and specifications shall be
          submitted to the Building Official, who will review said plans and grant
          permit for the erection of said sign, free-standing or attached. The
          Building Official shall refer said plans to the zoning inspector to as-
          sure monformity to the provisions of this Chapter. (Original Chapter IX,
          consisting of 55 17400-17403 as enacted in 1952 and added by P.L. 2-12,
          effective February 17 1953, was repealed and New Chapter IX (SS 17400-
          17401) added by P.L. 9-176, effective August 19, 1966.]


                                        CHAPTER X
                                       Junk Yards


             1742S.  Permits required.
             17426.  Improveisent standards.
             17427.  Awlication required.
             17428.  Hearing required.
             17429.  Permit issued or denied.
             17420.  Nonconforming junk yards.

                                             98








                17425. Permits required. No person shall establish a junk yard
           or extend the boundries of an existing junk yard without obtaining a
           permit from the Territorial Planning Commission. Junk yards which are
           established on the effective date of this Chapter shall be governed by
           the provisions of ï¿½ 17430.

             ï¿½ 17426. Improvement standards.
             (a) The minimum enclosed area for a junk yard shall be forty thousand
           (40,000) square feet.
             (b) The junk yard shall be enclosed by a fence not less than eight (8)
           feet in height.
             (c) The junk yard enclosure shall be set back forty (40) feet from any
           public road, and twenty (20) feet from all abutting property lines.
             (d) The exterior yards established by subparagraph (c) above shall be
           maintained in a sanitary and not unsightly manner.

             ï¿½ 17427. Application required. The owner shall make application for
           the issuance of a permit under this Chapter to the Territorial Planning
           Commission. Such application shall include:
             (a) A statement of intent.
             (b) A map of the general area showing the subject lot and all abutting
           properties, with names and addresses of owners; and
             (a) A proposed site plan, showing proposed enclosure, access and egress.

                17428. Hearing required. Within one (1) month of the first regu-
           larly scheduled Territorial Planning Commission meeting after receipt of
           an application, the TerriLi-orial Planning Commission shall hold a public
           hearing on the proposed junk yard. The Territorial Planning Commission
           shall cause notice of such application and hearing to be sent to abutting
           property owners by registered mail, and advertisement of such hearing to-
           appear in a newspaper of general circulation throughout the territory at
           least ten (10) days prior to the hearing.

             ï¿½ 17429. Permit issued or denied. After such public hearing, if the
           Territorial Planning Commission determines that the standards set forth
           in ï¿½ 17451 are met, the Territorial Planning Commission shall issue a
           permit. Any person aggrieved by a decision of the Territorial Planning
           Commission under this section shall have the right to appeal to the Is-
           land Court as provided in ï¿½ 17506 of this Title.

             ï¿½ 17430. Nonconforming junk yards.
             (a) The nonconforming use of a building or premises for the purpose of
           operating a junk yard within any Agricultural (A), Residential (R1 and
           R2), or Commercial Zone (C and LC) shall, within five (5) years after
           the effective date of this Chapter, be discontinued and the building or
           premises thereafter devoted to a use permitted in the zone in which such
           building or premises are 'Located. -
             (b) The nonconforming use of a building or premises for the purpose of
           operating a junk yard within a Light  Industrial (MI) Zone may continue
           subject to the provisions of Chapter  VII of this Title, provided that it
           Is made to conform to the provisions  of ï¿½ 17426 within the (1) year of
           the effective date of this Chapter.   If such action is not taken, the
           provisions of subparagraph (a) shall  apply. COriginal Chapter X, consis-
           tina of ï¿½ï¿½ 17450-17453 renumbered to  Chapter XI by P.L. 9-126, approved
           January 29, 1968, effective March 29, 1968. New Chapter X, consisting
           of ï¿½ï¿½ 17425-17430, added by P.L. 9-126, approved January 29, 1968, ef-
           fective March 29, 1968.]




                                                99











                                                     CHAPTER X1
                                       Administration and Enforcement


                   17450.    Enforcement.
                   17451.    Building permit required.
                   17452.    Building permit not to be issued.
                   17453.    License approval required.

                     17450. Enforcement. The Building Official designated in Title
               XXXII of the Government Code of Guam shall have the power and duty to
               enforce the provisions of this law. All authority granted to him by
               Title XXXII of this Code may be used in furtherance of these enforce-
               ment activities, whenever such authority is necessary and applicable.
               CIncluded in Original Government Code of Guam enacted by F.L. 1-88,
               1952.1

                 S 17451. Building permit required. Before commencing the construc-
               tion of a new building or structure, or the alteration, enlargement or
               moving of an existing building or structure, a building permit author-
               izing such work shall first be obtained from the Building Official as
               provided for in Title XXXII of the Government Code of Guam; provided,
               however,     that the Building Official may delegate the authority to is-
               sue permits outside of the organized villages to the commissioners re-
               ferred to in Title XXVI of this Code. [Amended by P.L. 2-21, effective
               June 23, 1953; included in Original Government Code of Guam ena:ted by
               P.L. 1-88, 1952.1

                 S 17452. Building permit not to be issued. No building permit or
               certificate of occupancy shall be issued by the Building Official for
               the erection, alteration, enlargement, or use of any building or struc-
               ture or part thereof, or for the use of any land, which is not in ac-
               cordance with all provisions of this law. Any building permit or cer-
               tificate of occupancy issued in conflict with the provisions of this
               Title, shall be null and void. [included in Original Gcvernment Code of
               Guam enacted by P.L. 1-88) 1952.1

                 ï¿½ 17453. License approval required. No license pertaining to the
               use of land or building shall be issued by any department, officer or
               employee of the government of Guam, vested with such duty, unless the
               application for such license has been approved by the Building Official
               as to the conformance of said use with the provisions of this Title.
               Any license issued In conflict with the provisions of this Title shall
               be null and void. CIncluded in Original Government Code of Guam enacted
               by P.L. 1-88, 1952.] CRenumbered to Chapter XI from original Chapter X
               by  P.L. 9-126, approved Januai-y 29, !968, effective March 29, 1968.3


                                                     CHAPTER X11
                                                Appeals and Reviews

                   17500.    Appeals involving administration enforcement.
                   17501.    Variances.
               ï¿½   17502.    Variance requirements.
               S   17503.    Variance application - form and contents.
               ï¿½   17504.    Hearing date - notice.




                                                           100











             17505.  Decision by Territorial Planning Commission.
             17506.  Decision final - appeal.
             17507.  Jurisdiction.

               17500. Appeals involving administration enforcement. The Terri-
          torial Planning Commission shall also have and exercise the following
          powers:
            (a) To hear and decide appeals where-it is alleged by the appellant
          that there is an error in any refusal of a building permit or certifi-
          cate of occupancy, or other order, requirement, or decision made by the
          Building Official or other administration official in the administration
          of this Title; and
            (b) To hear and decide appeals from any order, requirement, decision
          or determination made by the Building Official in the enforcement of the
          provisions of this Title.
            The procedure for filing such appeals as well as the procedure govern-
          ing the actions of the Commission theron, shall be similar as that set
          forth in ï¿½ï¿½ 31062-31071 inclusive of Title XXXII of the Government Code
          of Guam. [Enacted 1952; amended by P.L. 7-91, effective February 13,1964.1

            ï¿½ 17501. Variances. Where practical difficulties, unnecessary hard-
          ships, or results inconsistent with the general purposes of this Title
          would occur from its strict.literal interpretation or enforcement, the
          Territorial Planning Commission shall have authority to grant such var-
          iances therefrom as may be in harmony with its general purpose and intent,
          so that the spirit of the law shall be observed, public safety secured,
          and substantial justice done, including the following:
            (a) Permit the extension of an existing or proposed conforming build-
          ing or use into and adjoining more restricted zone for a distance not
          exceeding fifty (50) feet;
            (b) Permit a building or use (including automobile parking) on a lot
          immediately adjoining or across an alley from a less restricted zone,
          upon such conditions and safeguards as will tend to cause an effective
          transition from the less restricted to the more restricted zone;
            (c) Permit the addition, enlargement or moving of a nonconforming build-
          ing or structure;
            (d) Permit such modification of the height regulations as may be nec-
          essary to secure an appropriate building or structure on a lot which has
          such physical characteristics or is so located with relation to surround-
          ing development that it cannot be properly improved without such modifi-
          cation;
            (e) Permit such modification of the yard, lot width or lot area reg-
          ulations or requirements as may be necessary to secure an appropriate
          building or structure on a lot which is of such size, shape or topogra.-
          phy, or is located in relation to adjacent property or impeovements that
          it cannot be appropriately improved without such modification;
            (f) Permit such modifications on the lot area per dwelling unit (den-
          sity@ requirements as may be necessary to secure an appropriate develop-
          ment of a lot in keeping with its size and location;
            (g) Permit the modification or waiver of the automobile parking space
          or loading space requirements where such modification would not be in-
          consistent with the purpose of this Title;
            (h) Permit temporary buildings or uses for a period not to exceed two
          (2) years in undeveloped areas;
            (i) Permit the following uses in zones from which theyare prohibited
          by this Title: Governmental enterprises; public utilities and public




                                              101










           service uses or structures; hospitals or institutions; or development
           of natural resources.
             (j) Permit the construction of buildings in violation of the restric-
           tions of ï¿½ 17203 of this Title. CEnacted 1952; Subsection (j) added by
           P.L. 9-163, effective March 7, 1968.1

             ï¿½ 17501 (k). [ï¿½ 17501 (j)]. "Permit the owner of a lot in a rural
           zone to parcel therefrom one lot not less than ten thousand (10,000)
           square feet in area to be used for a single family residence, such var-
           iance to be conditioned upon a prohibition on any subsequent parcelling
           of the lot and that the parcelled out lot be served by water and power
           and a public road." [Subparagraph (k) added as (J) by P.L. 10-173, ef-
           fective August 15, 1970; relettered to (k) by Editor.]

             ï¿½ 17502. Variance requirements. No variance shall be granted by the
           Commission unless it finds:
             (a) That the strict application of the provisions of this Title would
           result in practical difficulties or unnecessary hardships inconsistent
           with the general purpose and intent'of the law;
             (b) That there are exceptional circumstances or conditions applicable
           to the property involved or to the intended use thereof that do not
           apply generally to other property in the same zone.
             (c) That the granting of the variance will not be materially detrimen-
           tal to the public welfare or injurious to the property or improvements
           in th zone or neighborhood in which the property is located; and
             '(d) That the granting of such variance will not be contrary to the ob-
           jectives of any part of the "Master Plan" adopted by the Commission or
           Legislature.
             (e) That, as to variances from the restrictions of ï¿½ 17203 of this
           Title, the proposed building will substantially enhance the recreational,
           aesthetic or commercial value of the beach area upon which the building
           is to be constructed and that such building will not interfere with or ad-
           versely affect the surrounding property owners' or the public's right to
           an untrammeled use of the beach and its natural beauty. CSubsection (e)
           added by P.L. 9-163, effective March 7, 1968.]
             The above requirements need not apply to the types of uses specified
           in ï¿½ 17501 (1), and variances for such uses shall only be granted by the
           Commission where it finds that they are deemed essential or desirable to
           the public convenience or welfare, are in harmony with the various ele-
           ments or objectives of the "Master Plan," and will not be materially det-
           rimental or injurious to the property or improvements in the immediate
           neighborhood. CIncluded in Original Government Code of Guam enacted by
           P.L. 1-88, 1952.1

             ï¿½ 17503. Variance application - form and contents. An application
           for variance shall be filed with the Executive Secretary of the Commis-
           sion upon a form and accompanied by such data and information as the
           Commission may prescribe. [Included in Original Government Code of Guam
           enacted by P.L. 1-88, 1952.]

             ï¿½ 17504. Hearing date - notice. Upon the filing of variance ap-
           plication the Commission shall fix a reasonable time for hearing the
           same and shall give notice thereof to the applicant and may give notice
           to any other parties in interest. All hearings shall be conducted ac-
           cording to rules established by the Commission, but any party in inter-
           est may appear in person, or by designated attorney or agent.CIncluded
           in Original Government Code of Guam enacted by P.L. 1-88, 19r.-12.]




                                               102








                  17505. Decision by Territorial Planning Commission. If, from the
            facts presented with the application at the hearing, or by investigation
            by or at the instance of the Commission, the Commission makes the find-
            ings set forth in ï¿½ 17502, it may grant the variance in whole or in part,
            upon such terms and conditions as it deems necessary to conform to the
            general intent and purpose of this law. If the Commission fails to make
            said findings, it shall deny the application. Each decision by the Com-
            mission authorizing a variance from the regulations herein established
            must be by resolution adopted by a majority of its membership, setting;
            forth in writing the findings required by ï¿½ 17502, except that no writ-
            ten findings shall be required in granting minor variances from the
            height, yard, lot width, lot area or lot area per dwelling unit require-
            ments. The Commission shall make its decision on each variance applica-
            tion within a reasonable time and shall forthwith furnish a copy thereof
            to the applicant and to other parties in interest who have requested to
            be notified. Additional copies of the decision shall be filed in the
            records of the Department of Public Works. If the decision filed invol-
            ves a variance granted by the Commission, said variance shall be the au-
            thori.ty for the Director of Land Management to endorse and to issue any
            building permit or certificate of occupancy in conformance thereto and
            for the approval of any application for the approval of a required lic-
            ense. CIncluded in Original Government Code of Guam enacted by P.L. 1-88,
            1952.]

              ï¿½ 17506. Decision final - appeal. The decision by the Commission on
            any variance shall be final, except that any party aggrieved by such de-
            cision shall be entitled to a judicial review thereof by application to
            the Island Court within fifteen (15) days after the filing of the Com-
            mission's decision in the Department of Land Management and the Depart-
            ment of.Public Works. [Included in Original Government Code of Guam en-
            acted'by P.L. 1-881 1952.1

                  17507. Jurisdiction. The Island Court of Guam shall have juris-
            diction over all actions arising from the provisions of this Title.
            [added by P.L. 7-91, effective February 13, 1964.] CChapter XII renum-
            bered from original Chapter XI by P.L. 9-126, approved January 29, 1968,
            effective March 29, 1968.1


                                                CHAPTER XIII
                                             Changes of Zones

                17600.    Requirements for changes.
                17601.    Procedure.
                17602.    Application - form and contents.
                17603.    Hearing date - notice.
            ï¿½   17604.    Decision by Commission.
                17605.    Planned development districts.
                17606.    Change of "Zoning Map.*
                17607.    Zone Restricts

                   17600. Requirements for changes. The Commission may, with 'the ap-
            proval of the,Governor, change the zones established under this Title
            whenever it finds that the public necessity, convenience and general wel-
            fare justify such action. CEnacted 1992; repealed and added by P.L. 6-136,
            effective December 18, 1962.1



                                                          103










          - ï¿½ 17601. Procedure. A proposed change may be initiated by the Com-
          mission or by an application directed to the Commission by any person
          owning or leasing redl property within the area covered by the zone. [En-
          acted 1952; repealed and added by P.L. 6-136, effective December-18.,
          1962.]

               17602. Application - form and contents. An application for a
          change of zone shall be filed with the Commission upon a form and accom-
          panied by such data and information as the Commission may prescribe. [en-
          acted 1952; repealed and added by P.L. 6-136, effective December 18,
          1962.]

             ï¿½ 17603. Hearinq date - notice. Upon the filing of an application
          for change of zone, the Commission shall hold at least one (1) hearing
          thereon in the municipal district where the property to be rezoned is
          located, as such districts are described in Chapter I of Title XVI of
          this Code, notice of time and place of which shall be given by at least
          one (1) publication in a newspaper of general circulation, at least ten
          (10) days before the day of said hearing, and by mail to the Commission-
          er of the municipal district concerned, and to those landowners owning
          land within five hundred (500) feet of the property for which rezoning
          is requested, the mailing addresses for such landowners to be in the
          Real Estate Tax records. CAmended by P.L. 10-158, effective July 3, 1970.3

             5 17604. Decision by Commission.     The Commission shall consider the
          proposed change of zone and may approve or disapprove the same, in whole
          or in part. The Commission shall make its findings and determinations
          within forty (40) days from the date of the hearing thereon and shall
          forward notice of such decision to the applicant, if any. If the ap-
          plication is approved in whole or in part by the Commission, the same
          shall be forwarded to the Governor who may approve or disapprove the pro-
          posed change in whole or in part. [Enacted 1952; repealed and added by
          P.L. 6-136,-effective December 18, 1962.]

               17605. Planned development districts. A 11PD" District enables the
          unified development of a substantial land area with such combination of
          uses as shall be appropriate to an,integrated plan for the area. The
          procedure for establishing a 11PD11 District is the same as that for the
          rezoning of an area, providing that a detailed plan be submitted to and
          discussed with the Territorial Planning Commission. The application
          shall be accompanied by the appropriate fee and the detailed plan, or
          revision thereof. The Territorial Planning Commission may approve the
          detailed plan and rezoning, following the required hearing, upon find-
          ings that the plan, considering structures, uses, access, regulations
          and layout fixed in it, comprises:
             (a) An area of sufficient acreage to constitute a large planning unit
          having special attributes for integrated development;
             (b) An appropriate development of the area from the viewpoints of its
          natural features, location and suitability for particular uses;
             (c) A combination of structures and uses which are in reasonable as-
          sociation and proportion to make a harmonious unit and likely to contin-
          ue compatibly with one another;
             (d) All structures, including acces*ory structures, shall not cover
          more that thirty percent (30%) of the area;
             (e) A proJect adequately serviced.by the necessary 'public services.
          existing or proposed;




                                              104








              (f) A project consisten with an appropriate development of                 adjacent
           areas and not unreasonably detrimental to the existing structures and
           uses in such areas; and
              (g) An appropriate evolution of the comprehensive plan for that portion
           of the territory.
              In approving a detailed development plan, the Territorial Planning Com-
           mission may impose such regulations of yards, open space, lot coverage,
           density, and height as are reasonably required to permit the foregoing
           findings. [Enacted 1952; repealed and added by P.L. 6-136, effective Dec-
           ember 18, 1962; repealed and added by P.L. 9-232, effective August 10,
           1968.1
              ï¿½ 17606. Change of "Zoning Map." Any change of zones or approval of
           comprehensive community plan pursuant to this Chapter shall be endorsed
           and delineated upon the "Zoning Map" and shall constiture an amendment of
           said map. [Added by.P.L. 6-136, effective December 18, 1962.1 [Chapter
           XIII renumber from original Chapter XII by P.L. 9-126, approved January
           29, 1968, effective March 29, 1968.1
              ï¿½ 17607. No additicnal land may be established as 'Tural Zone" and no land
           presently zoned "A" may be rezoned without the Camdssion first having consid-
           ered by the Director of the Department of Agriculture. This statement shall
           provide a detailed statement of:
                     a)  The agricultural impact of the proposed rezoning upon the
                         agricultural caTponents of the Guam Master Plan.
                     b)  'Any adverse conservation or agricultural effects which cannot
                         be avoided should the rezoning be approved.
                     c)  The Director's opinion whether said rezoning should be approved
                         and reasons therefore. (Added by P. L. 1.2-208)
                                                CHAPTER XIV
                           .,Recording      Submission to the Legislature

               1762S.    Recording.
               17.62.6.. Inspection.
               17627.-   Sill-nission to the Legislature.
               17628.    Failure to sutait.
                 17625. Recording. Upon the approval of any "Zoning Map" or amend-
           ment thereto, a copy of same shall be recorded in the Department of Land
           Management.
              ï¿½ 17626. Inspection. Any "Zoning Map" or amendment thereto recorded
           pursuant to this Chapter shall be open to public inspection during normal
           government busines,s hours.
              ï¿½ 176  -27. Submission to the Legislature. The "Zoning Map" or amend-
           ment thereto adopted by the Commission and approved by the Governor
           shall be submitted to the next portion of the next regular session of
           the Legislature convening after the said approval. The "Zoning Map" or
           any amendments thereto shall remain in effect unless amended or repealed
           by statute.
              S 17629. Failure to submit. The "Zoning Map" or any amendments there-
           to not submitted to the Legislature in accordance with this Chapter shall
           become automatically inoperative and void at midnight of the last day of
           the session to which it should have been submittedi
              [Editor's Note: Chapter XIV was added as new Chapter XIII by P.L. 6-136,
           effective December 18, 1962. Original Chap@er XIII, as enacted in 1952,
           was renumbered to Chapter XIV by P.L. 6-136, effective December 18, 1962.
           New Chapter XIII and old Chapter XIV were renumbered to present Chapters
           XIV and XV respectively by P.L. 9-126, approved January 29, 1968, and ef-
           fective March 29, 1968.1

                                                        105












                                        CHAPTER XV

                                           Fees


              17650.  Filing fees for appeals - vaciances - changes of zones.

                17650. Filing fees for appeals - variances - changes of zones.
           Before accepting for filing any application hereafter mentioned, the
           Commission shall charge and collect the following filing fees:
             (a) For Appeals                                           $ 10.00
             (b) For variances                                         $ 15.00
             (c) For changes of zones                                  $ 10.00
           [Amended by P.L. 10-156, effective July 3, 1970.1


                                        CHAPTER XVI
                                   Penalty for Violation

              17700.  Penalty

                17700. Penalty. Any person, firm, corporation or officer thereof
           violating any of the provisions of this Title shall be guilty of a mis-
           demeanor and, upon conviction thereof, shall be punishable by a fine of
           not more than one hundred dollars ($100.00) or by imprisonment in jail
           for a period of not more than one (1) month, or by both _uch fine and
           imprisonment. Such person, firm or corporation shall be deemed guilty
           for each day during any portion of which any violation is committed,
           continued, or permitted and shall be punishable as herein provided. [In-
           cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952,
           as Chapter XIV; renumbered to Chapter XV by P.L. 6-136, effective Decem-
           ber 18, 1962; further renumbered to Chapter XVI by P.L. 9-126, approved
           lanuary 29, 1968, effective March 29, 1968.1

























                                              106


















                APPENDIX B




   TERRITORIAL SEASHORE PROTECTION ACT




                 TITLE XIV














                                GOVERNMENT CODE


                                   TITLE XIV


                            SEASHORE PROTECTION ACT


                                  CHAPTER V-A



            Section  13410  Guam Territorial Seashore Protection Act
                     13411  General Provisions
                     13412  Definitions
                     13413  Commissions
                     13414  Conflict of Interest and Prohibitions
                     13415  Power and Duties of the Commission
                     13416  Commission's Responsibilities
                     13417  Permit Control
                     13418  Penalties
                            Severability
                     13420  Authorization and Appropriation

            Section 13410.. This Chapter may be cited as the Guam
        Territorial Seashore Protection Act of 1974 enacted P.L.
        12-108, 1974.

            Section 13411. The people of the territory of Guam hereby
        find and declare that the Guam Territorial Seashore Reserve
        is a distinct and valuable natural resource belonging to all
        the people of Guam and existing as a delicately balanced ecosystem;
        that the permanent protection of the natural, scenic, and
        historical resources of the seashore reserve is a paramount
        concern to the present and future residents of this island;
        that in order to promote the public safety, health, and
        welfare, and to protect public and private property; wildlife,
        marinelife, and other ocean resources, and the natural
        environment, it is necessary to preserve the the ecological
        balance of the seashore reserve and prevent its deterioration
        and destruction; that it is the policy of this territory
        to preserve and protect the resources of the seashore
        reserve for the enjoyment of the current and succeeding
        generations, and that to protect the seashore reserve, it
        is necessary:

             (a) To study the seashore reserve to determine the
        ecological planning principles and assumptions needed to
        ensure conservation of its resources;







                                          107










              (b) To prepare, based upon'such study and in full
          consultation with all affected governmental agencies
          and departments, private interests and the general public#
          a comprehensive, coordinated, enforceable plan for the
          orderly, long-range conservation, management and develop-
          ment of the seashore reserve;

              (c) To ensure that any development which occurs in
          the seashore reserve during the study and planning period
          will be consistent with the objectives of this Chapter;

              (d) That the Board of Directors, Territorial Seashore
          Protection Commission is hereby charged with the responsi-
          bility of implementing the provisions of this Chapter.

              Section 13412. Definitions. (a) 'Commission' means
          Guam Territorial Seashore Protection Commission.

              (b) 'Board' means the Board of Directors of the Commission.

              (c) 'Seashore reserve' means that land and water area
          of Guam extending seaward to the ten fathom contour, including
          all islands within the Goverranent's jurisdiction except
          Cabras and these villages wherein residences have been
          constructed along the shoreline prior to the effective date
          of the Seashore Act, and extended inland to the nearest of
          the following points:

              '(1) From the mean high water one for a distance on a
          horizontal plane of ten (10) meters.

              (2) From the mean high water line to the inl&nd edge of
          the nearest public right-of-way, P.L. 13-154, 1976.

              (d) 'Development' means, on land, in or under water, the
          placement-or erection of any solid material or structure;
          discharge of disposal of any dredged material or of any
          gaseous, liquid, solid, or thermal waste; grading, removing,
          dredging, mining, or extraction of any materials; change
          in the density or intensity of use of land, including, bbt
          not limited to, subdivison of land and any other division of land
          including lot splits; change.in the intensity of use of
          water, ecology related thereto, or of access thereto; con-
          struction or reconstruction, demolition, or alteration of the
          size of any structure, inclWing any facility of any private,
          public, or municipal utility, and the removal of major
          vegetation.





                                         108











             (e) 'Improved residential property' means a detached,
         noncommercial residential dwelling, the construction of
         which was begun before September 1, 1972, together with
         so much of the land on which the dwelling is situated, the
         said land being in the same ownership as the dwelling,
         as the Commission shall designate to be reasonably necessary
         for the enjoyment of the dwelling for the sole purpose
         of noncommercial residential use, together with any
         structures accessory to the dwelling which are situated on
         the land so designated.

             (f) 'Person' includes any individual, organization,
         partnership, and corporation, including any utility and any
         agency of federal, territo.rial, and local government.

             (g) 'Plan' means the Guam Seashore Reserve Plan.

             (h) 'Sea' means the Pacific Ocean or the Philippine Sea.

             Section 13413. Commission Creation, Membership and
         Compensation. (a) There is hereby created a Guam Territorial
         Seashore Protection Commission (heareinafter referred to as
         the 'Commission'), consisting of the seven members of
         the Territorial Planning C6mmission and the members
         shall hold office so long as they remain rhembers of the
         Territorial Planning Commission. P.L. 13-52, 1975

             (b) Commission members shall serve without compensation
         except that each member shall be paid a per them of Twenty-
         Five Dollars ($25.00) for each days' attendance at a meeting
         of the Commission. Each member shall also be allowed actual
         expenses incurred in the discharge of his duties."    P.L. 13-52.

             Section 13414. Conflict of interest. (a) No member of
         the Commission or employee of the Commission shall participate,
         in any official capacity whatsoever, in any proceeding,
         hearing, application, request for ruling or other official
         determination, judicial or otherwise, in which any of the
         following has a finanacial interest: the member or employee
         himself; his spouse; his child; his partner; any organization
         in which he is then serving or has, within two (2) years
         prior to his selection or appointment to or employment by the
         Commission, served in the capacity of officer, director,
         trustee, partner, employer or employee; any organization
         within which he is negotiating for or has any arrangement
         or understanding concerning prospective partnership or
         employment.





                                        109










              (b) In any case within the coverage of this section, the
          prohibitions herein contained shall not apply if the person
          concerned advises the Board in advance of the nature and
          circumstances thereof, including full public disclosure
          of the facts which may potentially give rise to a violation
          of this article, and obtains from the Board a written
          determination that the contemplated action will not adversely'
          affect the integrity of the Commission. Any such determination
          shall require the affirmative vote of two-thirds of the
          members of the Board.

              (c) Any person who violatds any provision of this
          section shall, upon conviction, and for each such offense,
          by subject to a fine of not more than Ten Thousand Dollars
          ($10,000) or imprisonment for not more than two (2) years,
          or both.

              Section 13415. Powers and Duties. The Board may:

              (a) Accept grants, contributions, and appropriations;

              (b) Employ and fix the compensation, in accordance with
          law, of such professional clerical and other assistants as
         .may be necessary;

              (c) (1) Through coordination and assistance with other
          government departments and agencies, acquired lands, waters,
          and interests therein with the boundaries of the seashore
          reserve, by donation, purchase with donated or appropriated
          funds, by exchange for government land, or transfer. All
          property owned by the territory of Guam within the seashore
          reserve is hereby dedicated for the purpose of this
          Chapter.

              (2) With respect to improved residential property acquired
          for the purposes of this Chapter, which is beneficially
          owned by a natural person and which the Board determines
          can oe continued in that use for a limited period of time
          without undue interference with the administration, development,
          or public use of the coastal reserve, the owner thereof may
          on the date of its acquisition by the Commission retain a
          right of use and occupancy of the property for noncommercial
          residential purposes for a term, as the owner may elect,
          ending either (a) at the death of the owner or his spouse,
          whichever occurs later, or (b) not more than twenty-five (25)
          years from the date of acquisition. Any right so retained
          may during its existence be transferred or assigned. The
          Commission shall have paid to such owner the fair market value of
          the property on the date of such acquisition, less the fair
          market value on such date of the richt retained by the.owner.


                                         110











          (3) The Board may terminate a right of use and occupancy
       retained pursuant to this subsection upon a determination that such
       use and occupancy is being exercised in a manner not consistent
       with the purposes of this Chapter, and upon tender to the
       holder of the right an amount equal to the fair market value
       of that portion of the right which remains unexpired on the
       date of termination;

            (d) Contract for any professional services if such work
       or services cannot satisfactorily be performed by its
       employees;

            (e) Be sued and sue to obtain any remedy to restrain viola-
       tions of this Chapter. Upon the request of the Commission,
       the Attorney General shall provide necessary legal representa-
       tion;

            (f) Adopt any regulations or take any action it
       deems reasonable and necessary to carry out the provisions
       of this Chapter, but no regulations shall be adopted without
       a prior public hearing.

            Section 13416. Commission responsibilities. The Commission
       shall:

            (a) Elect a chairman.

            (b) Appoint an Administrator who shall not be a member
       of the Commission and who shall have the responsibility for
       'the administration of this Act under the supervision of the
       Commission.

            (c) Prepare, adopt and submit to the Legislature for
       implementation the Guam Seashore Reserve Plan.

                (1) The plan shall be based on detailed studies of
       all the  factors that significantly affect the seashore
       reserve.


                (2) The plan shall be consistent with all of the
       following objectives:

                     (a) The maintenance, restoration, and enhancement
       of the overall quality of the seashore reserve environment,
       including, but not limited to, its amenities and aesthetic
       values.

                     (b) The continued existence of optimivn
       populations of all species of living organism.










                        (c) The orderly, balance utilization and
           preservation, consistent with sound conservation principles,
           of all living and nonliving seahsore reserve resources.

                        (d) Avoidance of irreversible and irretrievable
           commitments of seashore reserve resources.


                        (e) Public access for maximum visual and
           physical use and enjoyment of the seashore reserve by the
           public.

                   (3) The plan shall consist of such maps, text and
           statements of policies and objectives as the Commission
           determines are necessary.

                   (4) The plan shall contain at least the following
           specific components:

                        (a) A precise, comprehensive definition of
           the public interest in the seashore reserve.

                        (b) Ecological planning principles and assumptions
           to be used in determining the suitability and extent of
           allowable development.

                        (c) A component which includes the following
           elements:

                            (1) A land-use element.

                            (2) A conservation for the preservation and
           management of the scenic and other natural resources of the
           seashore reserve.

                            (3) A public access for maximum visual and
           physical use and enjoyment of the coastal reserve by the
           public.

                            (4) A recreation element.

                            (5) A populatin element for the establishment
           of maximum desirable populations densities.

                            (6) An educational or scientific use
           element.

                        (d) Reservations of land or water in the seashore
           reserve for certain uses, or the prohibition of certain uses,
           in specific areas.



                                         112










                  (8) Recommendations for the governmental policies
       and powers required to implement the planning including the
       organization and authority of the governmental agency or
       agencies which should assume permanent responsibility for
       its implementation.

           (d) Publish objectives, guidelines, and criteria for
       the collection of data, the conduct of studies, and the
       preparation of recommendations for the plan within six (6)
       months after its first meeting.

           (e) Prepare its definitive conclusions and recommendations,
       including recommendations for areas that should be reserved
       for specific uses or within which specific uses should be
       prohibited, which it shall, after public hearing, adopt and
       submit to the Legislature no later than January 1976, P.L.
       12-210.

           (f) On or before December 1 1975, adopt the coastal
       reserve plan and submit it to the Legislature for its
       adoption and implementation.-

           Section 13417. Interim permit control.

           (a) General provisions.

               (1) On or after June 1, 1974 any person wishing to
       perform any development within the seashore reserve shall
       obtain a permit authorizing such development from the
       Commission, and, if required by law, from any other governmental de-
       partment or agency. No permit shall be issued without the affirma-
       tive voteof a majority of the Board members, P.L. 12-210.

               (2) No permit shall be issued unless the Board has
       first found:

                   (a) That the development will not have any substantial
       adverse environmental or ecological effect, and

                   (b) That the development is consistent with the
       purpose and objectives of this Chapter. The applicant shall
       have the burden of proof on all issues.

               (3) All permits shall be subject or reasonable terms
       and conditions in order to ensure that:

                       (a) Access to beaches, recreation and
       historical areas, and natural reserves is increased to the
       maximum extent possible by appropriate dedication.



                                       113











                          (b) There is no substantial interference
          with or detraction from the line of sight toward the sea
          from the territorial highway nearest the coast.

                          (c) Adequate and properly located public
          recreation areas and wildlife preserves are reserved.

                          (d) Provisions are made for solid and liquid
          waste treatment, disposition, and management which will
          minimize adverse effects upon coastal reserve resources.

                          (e) Alterations to existing land forms and
          vegetation, and construction of structures shall cause
          minimum danger of floods, landslides, erosion or siltation.

                  (4) If prior to the effective date of this Chapter,
          ï¿½ building permit has been issued, no person who has obtained
          ï¿½ vested right thereunder shall be required to secure a
          permit under this section, provided that no substantial
          changes may be made in any such development, except inaccordance
          with the provisions of this Chapter. Any such person shall
          be deemed to have such vested rights if, prior to April 1,
          1973 he has in good faith and in reliance upon the building
          permit diligently commenced construction and performed
          substantial work and materials necessary thereof.

                  (5) Notwithstanding any provision in this section to
          the contrary,no, permit shall be required for the following
          types of development:

                      (a) Repairs and improvements not in excess of
          Seven Thousand Five Hundred Dollars ($7,500) to existing
          single-family residences; provided that the Agency shall
          specify by regulations those classes of development which
          involve a risk of adverse environmental effect and may require
          that a permit be obtained.

                      (b) Maintenance dredging of existing navigation
          channels or moving dredged material from such channels to a
          disposal area outside the coastal reserve, pursuant to a
          permit from the United States Army Corps of Engineers.

              (b) Permit procedure.

                  (1) The Board shall prescribe the procedures for
          permit applications and may require a reasonable filing
          fee and the reimbursement of expenses.

                  (2) The Board shall give written public hearing.
          Such hearing shall be set no less than twenty-one (21)
          nor more than ninety (90) days after the date on which the
          application is filed.
                                         114










                   (3) The Board shall act upon as application for
          permit within sixty (60) days after the conclusion of the
          hearing.

                   (4) Any person including an applicant for a permit,
          aggrieved by the decision or action of the Board shall have
          a right to judicial review of such decision or action by
          filing a petition for a writ of mandamus, pursuant to
          Section 1084 et. sec. of Civil Procedure Code of Guam
          within sixty (60) days after such decision or action is made.

                   (5) Any person may maintain an action for declaratory
          and equitable relief to restrain violation of this
          Chapter. No bond shall be require for an action under this
          subsection.

                   (6) Any person may maintain an action for the recover
          of civil penalties provided in Section 13418.

                   (7) The provisions of this section shall be in
          addition to any other remedies available at law.

                   (8) Any person who prevails in a civil action
          brought to enjoin a violation of this Chapter or to recover
          civil penalties shall be awarded his costs, including
          reasonable attorneys fees.

              Section 1341-8. Penalties. (a) Any person who violates
          any provisions of this Chapter shall be subject to a civil
          fine not to exceed Ten Thousand Dollars ($10,000).

              (b) In addition to any other penalties, any person who
          performs any development in violation of this Chapter
          shall be subject to a civil fine not to exceed Five Hundred
          Dollars ($500) per day for each day in which such violation
          persists.

              Section 13419. Severability. If any provision of this
          Chapter or the application thereof to any person or
          circumstances is held invalid, such invalidity shall not
          affect other provisions or applications of the Chapter
          which can be given effect without the invalid provision
          or application, and to this end the provisions of the Act are
          severable.

              Section 13420. Authorization for appropriation. There
          are hereby authorized to be appropriated such sums as may
          be necessary to carry out the purposes of this Chapter."




                                        115



















               APPENDIX C




             SUBDIVISION LAW




                TITLE XIX










                                                  TITLE XIX
                                              Subdivision Law

                 Chapter I.     General Provisions.
                          II.   Procedure for Subdividing Land.
                        III.    Lot Parcelling and Agricultural Subdivisions.
                          IV.   Requirements for Plans and Maps.
                           V.   Improvements.
                          VI.   Variances and Appeals.
                        VII.    Penalties, Amendments, Interpretation and Separability.:


                                                  CHAPTER I
                                           General Provisions
                     18000.    Title.
                     18001.    Purpose and intent.
                     18001.1   Compliance with Master Plan.
                     18001.5   Decedents' estates.
                     18002.    Definitions.
                     18003.    Authority of the Couudssion.
                     18004.    CcucxLssion approval .
                     18005.    General requirements for subdivisions

                       18000.  Title.  This Title shall be laiown as '"Ibe Subdivision
                 Law." [Enacted 1952;  repealed and added by P. L. 6-134, effective
                 December 18, 1962.1

                   ï¿½ 18001. Purpose    and Intent. The purpose of this Title and of any
                 rules, regulations, specifications and standards adopted pursuant and/
                 or subdivision of any land for any purpose whatsoever. Such control
                 and regulation is determined to be necessary to provide for the orderly
                 growth and harmonious development of the territory; to insure adequate
                 traffic circulation through coordinated street, road and highway systems;
                 to achieve property lots of maxinn utility, and livability; to secure
                 adequate provisions for water supply, drainage, sanitary sewerage and
                 other health requirements; to permit the conveyance of land by accurate
                 legal description; and to provide logical procedures for the achievement
                 of this purpose. (Amended by P. L. 12-90)

                      18001.1 Compliance with Master Plan. Development and/or subdivison
                 of all lands and roads shall conform to that land use or road location
                 delineated in the latest revision of the Territorial Master Plan
                 initially approved in April, 1967.
                     (a) Construction on land designated for future road or public
                        purposes, contary to the use indicated in the Master Plan,
                        shall not be authorized, irrespective of land ownership.
                     (b) Specifications for construction, repair and/or reconstruction
                        of roads shal.1 conform to Department of Public Works standards
                        and shall follow requirements delineated for that zone in
                        which the subdivision or construction is located.
                        (Amended by P.L. 12-90)

                      18001.5. Exemtions: decedents' estates: parental division of
                 property.
                     (a) Chapter V of this Title shall not apply to land which is an
                        asset of the estate of a decendent, provided however, that
                        before the distribution of any such land by the Court, the
                        Territorial Planner or the Cwrdssicn shall require street
                        and utility easements on said land to insured lot division
                        consistent with the general plan; ftxther provided however,
                        that the minim= size of each lot shall be no less than
                        10,000 square feet.
                                                           116








                     (b) Chapter V of t1,,is Title shall also not apply to land which has been
                   owned in fee sinple fOr a period of not less than five (5) years by
                   a person who divides said land among his Living children or their
                   descendants by way of inter vivos gift; provided, however, that such
                   land shall be deeded to said children or descendents in fee sinple
                   and said deeds shall contain alienation clauses to the effect that
                   the children or descendants shall not sell, lease or otherwise
                   alienate such lots for a period of at least five (5) years, the
                   Territorial Planner or the Commission shall require street and
                   utility easements on said land to insure lot divisions consistent
                   with the general plan and that the minim= size of each lot shall
                   be no less than 10,000 square fee." (Amended by P.L. 13-153)
                     5 18002. Definitions. The following words and phrases, when
                   used herein, shall have the meaning respectively hereto ascribed
                   to them, except where a different meaning may be clearly indicated
                   by the context:
                     (a) "Agricultural Subdivision" shall mean a subdivision having no lots,
                   parcels or sites smaller than forty thousand (40,000) square I*eet
                   and in which all lots, parcels or sites are used principally for
                   agriculture, single family residence sites or as an agriculture-
                   homesite combination; except that the term "agricultural subdivision"
                   shall include a subdivision resulting from a distribution by the Court
                   pursuant to Section 18001.5(a) or Section 18001.5(b) of this Title with
                   no lots, parcels or sites smaller than ten thousand (10,00o) square feet
                   and in which all lots, parcels or sites are used principally for agriculture,
                   single family sites or as an agricultural homestead canbination.11
                     (b) "Commission" shall mean the Territorial Planning Commission.
                     (c) wEasement" shall mean a grant by the owner of land for a spe-
                   cified use or uses of said land to a person or persons, to the pub-
                   lic generally, or to the government of Guam.
                     (d) "Engineer" shall mean a person who is registered pursuant to
                   Title XLIII, Government Code of Guam, as an Engineer, and holds a
                   current certificate of registration issued by the Board of Engineer-
                 .ing and Architectural Examiners or a person exempted under the pro-
                   visions of said Title XLIII.
                     (e) "Improvements" shall mean any beneficial or valuable site ad-
                   ditions or alterations to a subdivision property including street
                   grading and surfacing, water service, sanitary sewers, facilities
                   provided for drainage and site grading.
                     (f) "Non-Access Reservation" shall mean the limiting of access
                   between a right of way and the adjacent land. (A non-access reser-
                   vation shall be provided only when required by the Commission and
                   the right of access to and from such land across the right-of-way
                   boundary shallbe dedicated to the goverranent of Guam)
                     (g) OPlan, General" shall mean the general planor plans for guid-
                   ing the physical development of the Territory of Guam as adopted by
                   the Commission and approved by the Governor.
                     (h) "Plan, Precise" shall mean the detailed plan or plans for
                   guiding and controlling the physical development of specific pro-
                   jects as adopted by the Commission and approved by the Governor.
                     (I) "Planning Division' shall mean the Planning Division of the
                   Department of Land Management.
                     (j) "Record Map" shall mean the final subdivison map designed to
                   be placed on record in the Land Records of the Department of Land
                   Management.
                     W 'Reservation" shall mean an area of land which the subdivid-
                   er reserves free and clear of all structures for future specified
                   purpose.
                     (1) "Resubdivisionn shall mean the resubdividing of land in a
                   subdivision or lot parcelling subdivision or portions thereof so
                   as to create a new or different subdivision of such land other
                   than Is presently of record, and shall include        'modifications to
                   lot lines, the creation of one or more additional lots or any other
                                                         117









          action of land division which is not consistent with the recorded
          subdivision or lot parcelling subdivision map.
            (m) "Reversion to Acreage" shall mean the voiding of a previous
          subdivision in order to revert the platted lots contained therein
          back to the original parcel or parcels which existed prior to the
          subdivision.
            (n) "Right of way" shall include the entire width between prop-
          erty lines of a highway, street or alley.
            (o) "Sanitation Division" shall mean the Sanitation Division of
          the Department of Public Health and Social Services.
            (p) "Subdivide" shall mean the act of creating a subdivision.
            (q) "Subdivider" shall mean any individual firm, association,
          syndicate, corporation, trust or any other 1;gal entity proceeding
          to effect a subdivision of land for himself or another.
            (r) "Subdivision" shall mean the division of any parcel of land
          into six (6) or more lots. Subdivision shall include resubdivis-
          ion and reversion to acreage and, where appropriate to context,
          relates to the process of subdividing or to the land subdivided
          regardless of the method used to accompliSh such action, whether
          by sale, design, rent, lease, ded of gift, grant in gift or any
          other method of transferring title whether for remuneration or not
          and whether immediate or future.
            (s) "Subdivision, Lot Parcelling" shall mean the division of a
          lot legally existing on the effective date of this Title into no
          more than five (5) parcels. Lot parcelling of a lot shall include
          all methods of such action whether by sale, desigh, rent, lease,
          deed of gift, grant in gift or any other method of transferring
          title whether for remuneration or not and whether immediate or fu-
          ture.
            (t) "Surveyor" shall mean a person who is registered pursuant to
          Title XLI11, Government Code of Guam, as a land surveyor, and holds
          a current certificate of registration issued by the Board of Engin-
          eering and Architectural Examiners or a person exempted under the
          provisions of said Title XLIII.
            (u) "Tentative Map* shall mean a preliminary subdivision map for
          the purpose of showing the design of a proposed subdivision and the
          existing conditions in and around it.
            (v) "Territorial Plannern shall mean the Chief of Planning DiVi3-
          ion, Department of Land Management, government of Guam.
            (w) "Territorial Surveyor" shall mean the person designated as
          the Territorial Surveyor by the Director of Land Management. CEn-
          acted 1952; repealed and added by P.L. 6-134,effective December 18,
          1962; (o) amended by editor pursuant to P.L. 7-101, effective July
          11, 1964, and P.L. 9-147, effective February 16, 1968.1

            ï¿½ 18003. Authority of the Commission. The Commission shall have
          jurisdiction and cognizance of all matters relating to subdividing
          and subsequent development of land within the territory. The Com-
          mission shall prescribe and adopt such rules and regulations, which
          shall include, but not be limited to, specifications and standards
          for development of subdivisions, as are, In its judgment, necessary
          to effectuate the purposes and intent of this Title. Such rules and
          regulations may provide for delegation of functions of review and
          inspection of proposed, tentative and final plans and maps, and of
          subdivisions, to other agencies and departments of the government.
          Such rules and regulations shall become effective upon approval by





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                 the Governor. [Enacted 1952; repealed and added by P.L. 6-134,
                 effective December 18, 1962.]

                   ï¿½ 18004. Commission approval. No subdivision map presented for
                 filing as a record in the Department of Land Management shall be
                 recorded without the prior approval of the Commission. The Commis-
                 sion shall not approve the record map of a subdivision unless such
                 map conforms to all the requirements of this Title and any applic-,
                 able rules, regulations, specifications or standards adopted by the
                 Commission. No subdivider shall subdivide any land except in ac-
                 cordance with this Title, or sell, lease or assign, or offer'for
                 sale, any subdivision or a proposed subdivision or any part there-
                 of, or any lot, parcel or site therein until the record map has
                 been officially recorded. [Enacted 1952; repealed and added by P.
                 L. 6-134, effective December 18, 1962.]

                   S 18005. General requirements for subdivisions. In all sub-
                 divisions presented for recording under this Title, the subdivider,
                 shall:
                   (a) Not subdivide or develop land for any purpose contrary to
                 the provisions of the Zoning Law, Title XVIII, Government Code of
                 Guam.
                   (b) Cause every lot to abut a roadway right of way having a min-
                 imum width of forty (40) feet, except that the Commission may,
                 where circumstances warrant, permit the subdivider to utilize road-
                 way rights-of-way less than forty (40) feet but in no case less than
                 twenty (20) feet in width. [Subparagraph (b) amended by P.L. 10-157,
                 effective July 3, 1970.1
                   (c) Except as may be provided for pursuant to S 21208.3, Title
                 XXII, Government Code of Guam, provide for the installation of pow-
                 er, water and telephone lines, fire hydrants, roads and highways
                 within the subdivision in accord with any general or precise plan
                 approved by the Commission.
                   (d) Where an established framework of local streets exists, pro-
                 vide for the uniformity of street widths and alignment thereto with
                 the streets of the subdivision, and for the continuation of exist-
                 ing street names.
                   (e) Provide for adequate light, air and privacy on all lots re-
                 gardless of land use, and design the location of streets to prevent
                 excessive grading and scarring of the landscape.
                   (f) Provide sufficient drainage of the land to provide reasonable
                 protection against flooding.
                   (g) Provide that streets within residential areas shall not be
                 planned for through traffic in order to insure privacy and safety.,
                 [Added by P.L. 6-134, effective December 18, 1962.1


                                                 CHAPTER 11
                                     Procedure for Subdividing Land

                     18100.    Application to establish subdivision.
                     18101.    Fees.
                     18102.    Review of tentative plans.
                     19103.    Action by Cennission.
                     18104.    Sub-4ssion of final plans.
                     18105.    Final plans approval and recordation.





                                                         119








           S  18106.  Reversion to acreage, maps and plats.
              18107. Building permits.
              18108.  Revocation of tentative plans.

                18100. Application to establish subdivision. A subdivider
           desiring to subdivide or develop land pursuant to this Title shall
           make a written application therefor on a form prescribed by the
           Commission. The application shall be filed with the Territorial
           Planner and shall be accompanied by tentative subdivision plans
           prepared in accordance with ï¿½ 18300 of this Title. [Enacted 1952;
           repealed and added by P.L. 6-134, effective December 18, 1962.]

             ï¿½ 18101. Fees. The subdivider shall at the time of filing
           tentative subdivision plans pay a uniform check fee of ten dollars
           ($10.00) plus one dollar ($1.00) ror each final lot shown on the
           subdivision. Such fees shall not be returned in the event the ap-
           plication is not approved.'[Enacted 1952; repealed and added by P.
           L. 6-134, effective December 18, 1962.1

             ï¿½ 18102. Review of tentative plans. The Territorial Planner
           shall within three (3) days after receipt of such application
           transmit copies of the tentative plans to departments and agencies
           .of the government to which have been delegated responsibility for
           technical review. Such agencies and departments shall review the
           plaxis and transmit their written findings and recommendations to
           the Territorial Planner within fifteen (15) days after receipt of
           such plans. [Enacted 1952; repealed and added by P.L. 6-134, effec-
           tive December 181, 1962.]

             ï¿½ 18103. Action by Commission. After review, the tentative
           subdivision plans shall be transmitted to the Commission at its
           next regularly scheduled meeting by the Territorial Planner, to-
           gether with all findings and recommendations. The Commission shall
           thereafter approve, conditionally approve, or disapprove the plans.
           When a tentative plan is disapproved, it may not thereafter be re-
           considered unless modified and a new application filed. [Enacted
           1952; repealed and added by P.L. 6-134, effective December 18 1962.1
             S 18104. Submission of final   plans. Within one (1) year :fter
           approval of tentative subdivison plans, the subdivider shall file
           with the Territorial Planner the final plans prepared in accordance
           with S 18301 of this Title. The  final plans shall be accompanied
           by a written application for approval thereof in a form prescribed
           by the Commission [Enacted 19@2; repealed and added by P.L. 6-134,
           effective December 18, 1962.1

             S 18105. Final plans approval and recordation. The Territorial
           Planner shall review final plan documents as submitted for conform-
           ity to the approved tentative plans. At the next regularly sched-
           uled Commission meeting no less than two (2) days following receipt
           of final plans, the Territorial Planner shall present the plans to
           the Commission for action. Final plans submitted in strict compli-
           ance with approved tentative plans shall be approved. Final plans
           which are not in strict compliance with approved tentative plans
           shall, within fifteen (15) days, be approved or a wrItten determina-
           tion made specifying work necessary for subdivision completion prior





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                 to final Commission approval. After approval by the Commission of
                 the final plan map, the subdivider shall record said map in accord-
                 ance with Article IV, Chapter II, Title XIV, Government Code of Guam.
                 [Enacted 1952; repealed and added by P.L. 6-134, effective December
                 18, 1962.1

                   ï¿½ 18106. Reversion to acreage, maps and plats. When a rever-
                 sion to acreage is made, no tentative plans shall be required. The
                 subdivider shall prepare a final map showing the existing subdivis-
                 ion and the original parcel or parcels which shall result from the
                 reversion. No engineering plans shall be required. Upon approval
                 of the final map the map may be completed and submitted as a record
                 plat. No as-built surveys shall be required. The plat shall be
                 clearly marked "reversion to acreage" and any variance from the re-
                 quirements of a subdivision record plat shall be as determined by
                 the Commission. The fee or other interest in any subdivision im-
                 provements, easements or road rights of way within the perimeter of
                 the subdivision which has been dedicated to the government may be
                 quitclaimed to the subdivider at the discretion of the government.
                 [Enacted 1952;repealed and added by P.L. 6-134, effective December
                 18, 1962.1

                   ï¿½ 18107. Building permits. The Director of Public Works or his
                 designated building official shall issue no building or construction
                 permits for any development within the subdivision or lot parcelling
                 until the tentative plans have been approved, nor issue individual
                 building permits until the record map has been recorded. The Terr-
                 itorial Planner shall notify the Director of Public Works in writ-
                 ing of the approval of the final plans and of the recordation of
                 the record map immediately after such approval is given and after
                 such recording is completed. [Enacted 1952; repealed and added by
                 P.L. 6-134, effective December 18, 1962.]

                       18108. Revocation of tentative plans. The Commission shall
                 not consider or approve final plans for a subdivision which are
                 submitted after one (1) year, or after any extension of time grant-
                 ed by the Commission during such year, following approval of tent-
                 ative plans. [Enacted 1952; repealed and added by P.L. 6-134, ef-
                 fective December 18, 1962.]


                                                 CHAPTER III
                           Lot Parcelling and Agricultural Subdivisions

                     18200.    General.
                     18201.    Application to establish lot parcelling or agricultural subdivisions.
                     18202.    Lot parcelling approval.
                     18203.    Parcelling map recordation.
                     18204.    Survey required for parcelling map.
                     18205.    Resubdivisions.
                     18206.    Certificate of ownership required (Repealed).
                 ï¿½   18207.    Action on final map (Repealed).
                     182oa.    Effective recordation of final map (Repealed).

                   ï¿½   18200. General. The requirements of Chapter II and Chapter
                 V of this Title shall not apply to lot parcelling subdivisions and





                                                           121








          agricultural subdivisions. [enacted 1952; repealed and added by P.
          L. 6-134, effective December 18, 1962.]

            5 18201. Application to establish lot parcelling or agricultur-
          al subdivisions. A subdivider desiring to parcel lots or subdivide
          land for agricultural purposes shall make a written application
          therefor on a form prescribed by the Commission. The application
          shall be filed with the Territorial Planner and shall be accompa-
          nied by the original and two (2) copies of a survey map prepared
          in accordance with ï¿½ 182o4 of this Title. [Enacted 1952; repealed
          and added by P.L. 6-134, effective December 18, 1962.1

            ï¿½ 18202. Lot parcelling approval. Within fifteen (15) days
          following receipt of an application to establish a lot parcelling
          or agricultural dubdivision, the Territorial Planner shall approve,
          conditionally approve, or disapprove the application, or shall sub-
          mit the application to the Commission for its action. The Territo-
          rial Planner or Commission may as conditions of approval require
          street and utility easement reservations and require modifications
          to the map to insure lot divisions consistent with the general plan
          and with provisions of ï¿½ 18400 of this Title. The Territorial Plan-
          ner or Commission shall disapprove the subdivision if adopted stan-
          dards of subdivision cannot be maintained. The applicant may appeal
          any decision of the Territorial Planner to the next regularly sched-
          uled meeting of the Commission. There shall be no fees required for
          lot parcelling or agricultural subdivisions for the checking of
          plans or maps. [Enact6d 1952; repealed and added by P.L. 6-134, ef-
          fective December 18, 1962.3

            ï¿½ 18203. Parcelling map recordation. Upon final approval of a
          lot parcelling or agricultural subdivision map by the Territorial
          Planner or Commission, the subdivider shall record the map in con-
          formity to Article IV, Chapter II, Title KIV, Government Code of
          Guam, which map shall not be effective until recorded. [Enacted 1952;
          repealed and added by P.L. 6-134, effective December 18, 1962.]

            ï¿½ 18204. Survey required for parcelling map. The lot parcel-
          ling map shall be prepared by a surveyor and shall show all survey
          and mathematical data necessary to locate and retrace all lines
          thereon, including bearings and distances of straight lines and
          radii, arc and tangent lengths for all curves. Any area reserved
          for utility easements, access easements, and future street areas,
          and other public improvements, shall be clearly delimited and desig-
          nated. The survey map shall be endorsed as to its accuracy and for
          its conformity to standard surveying practice by the Territorial
          Surveyor. [Enacted 1952; repealed and added by P.L. 6-134, effective
          December 18, 1962.1

            ï¿½ 18205. Resubdivisions. Resubdivisions of regular or lot parcel-
          ling subdivision shall be initiated and acted upon subject to the
          procedures of the Chapter, provided, however, that resubdivisions
          involving six (6) or more lots or resubdivisions requiring subdi-
          vision improvements shall be initiated and acted upon as a new sub-
          division in accordance with the provisions of Chapter II of this
          Title. [Enacted 1952; repealed and added by P.L. 6-134, effective
          December 18, 1962.[ [Repeealed by P.L. 6-134, effective December
          18, 1962.]




                                           122










                                          CHAPTER IV
                              Requirements for Plans and Maps

                 18300.  Form of tentative plans.
                 18301.  Form of final plans.

                   18300. Form of tentative plans. Tentative plans will include
             six (6) copies of a subdivision map, two (2) copies of a statement
             of intent by subdivider, and two (2) copies of subdivision emprove-
             ment plans.
               (a) The subdivider shall cause the tentative subdivision map to
             be prepared by and engineer or surveyor. The map shall be clearly
             and legibly drawn on one or more sheets having dimensions of twenty-
             two inches (22") by twenty-nine inches (29"). The scale of the map
             shall be as prescribed by the Commission and the map shall general-
             ly include:
               (1)  The tract number as issued by the Territorial Planner.
               (2)  The name and address of the owner or owners of record, of the
                    subdivider and of the person preparing the map.
               (3)  Date, north arrow and scale.
               (4)  A-key map locating the subdivision In relation to surrounding
                    areas.
               (5)  The exact length and bearing of the exterior boundries of the
                    subdivision which data shall be referenced to the "Guam Geo-
                    detic Triangulation Control Net" or such alternative system
                    of triangulation control as the Territorial Surveyor may di-
                    rect.
               (6)  The accurate placement and outline of structures existing on
                    the site.
               (7)  The location, names, and existing widths of adjacent street
                    rights of way.
               (8)  The location and dimensions of all known existing easements
                    and reservations.
               (9)  The location of existing utilities, sewers, drainage ditches
                    and other drainage facilities located in, or adjacent to, the
                    proposed subdivision.
              (10)  The lot numbers and lines of all adjacent parcels of land.
              (11)  The location, width and direction of flow of all water courses
                    within the subdivision area.
              (12)  Topography with contour intervals of two feet (21) where the
                    ground slope is five percent (5%) or less or contour intervals
                    of five feet W) where the ground slope is more than five per
                    cent (5%).
              (13)  The location and widths of all existing or proposed streets in
                    the subdivision.
              (14)  The approximate lot layout and approximate lot dimensions of
                    each lot.
              (15)  Areas intended to be reserved for public use.
               (b)  The statement of the subdivider shall include a resume of the
             improvements proposed to be made in the subdivision., the existing
             zone district or districts applicable to the property, proposed use
             or uses of the subdivision lots and, in the absence of zoning, the
             proposed setback requirements for individual property development.
               (c) Subdivision improvement plans shall include:
               (1) Street construction plans including, but not limited to, plan-
                    ned grading, street centerline gradients and typical road





                                                   123








                cross-sections specifying material and depths.
            (2) Water and sewer line plans showing pipe sizes, routing, gra-
                dients, pressure regulation and point of origin.
            (3) A drainage plan showing methods and facilities for collec-
                tion and disposal of storm waters. The storm drainage dis-
                posal area or channel must have a demonstrated ability to
                accept additional water in view of capacity of area or
                channel and of capacity of existing improvements confining
                the channel.
            The tentative plan shall be prepared in sufficient detail for
          analysis by the Commission as to sufficiency and most suitable
          location. The Commission may require the submission of detailed
          construction drawings as subdivision work is initiated to permit
          detailed analysis of construction conformity to law and the rules
          and regulations of the Commission, and to facilitate improvement
          inspections. [Enacted 1952; repealed and added by P.L. 6-134, ef-
          fective December 18, 1962.]

            5 18301. Form of final plans. The final plan submitted for
          approval shall include a map of the subdivision and a final survey
          of improvements as installed.
            (a) The map of the subdivision shall be prepared by and engin-
          eer or surveyor in accordance with the following:
            (1) The final map shall be clearly and legibly drawn in opaque
                black ink on good quality tracing paper or cloth acceptable
                to the Territorial Planner. Signatures shall be in opaque
                black ink. The size of each sheet shall be twenty-two by
                twenty-nine inches (22" x 29"). A marginal line shall be
                drawn completely around each sheet, leaving an entirely blank
                margin of one inch (1"). The scale of the map shall be as
                prescribed by the Commission and shall show all details clear-
                ly, with enough sheets used to accomplish this purpose. The
                map shall be so makde and shall be in such condition when
                filed tha good, legible prints can be made therefrom.
            (2) The map shall contain the tract number in letters no less
                than one-half (4n) In height, north directional point, map
                scale and date of final survey.
            (3) The map shall show all survey and mathematical information
                and data necessary to locate all monuments,'and to locate and
                retrace any and all interior and exterior boundary lines ap-
                pearing thereon including bearings and distances of straight
                lines, radii, are and tangent lengths of all curves. The
                final map shall particularly define, designate and delineate
                all road and alley rights of way and easements and other par-
                cels offered for dedication for public use.
            (4) The following certificates snall be placed on the first sheet
                of the map in a form prescribed by the Commission:
            (a) Dedication of street, easements and other parcels of land in-
                tended for public use by the owner.
            (b) Acknowledgment of dedication for certification by a Notary
                Public.
            (a) Acceptance of dedication to be signed by the Governor.
            (d) Certification by the surveyor making the map (record plat)
                that the map is correct and accurate and that the monuments
                described thereon have been so located.
            (e) timited access dedication where a nonaccess reservation is






                                            124









                       used to restrict access. The map shall be lettered "Vehic-
                       ular access rights dedicated to the government of Guam" along
                       the thoroughfare adjacent to the lots affected.
                  M Endorsement of Territorial Surveyor.
                  (g) Approval by the Commission.
                  (h) Certificate of recordation.
                  In addition, the map shall be accompanied by statements concern-
                ing any proposed deed restrictions or covenants.
                  (b) As part of the final plan, the subdivider shall submit a copy
                of an as-built drawing of all subdivision improvements. The de-
                tails of the as-built drawing shall show, but not be limited to a
                showing of, the precise placement, sizing and characteristics Of
                water lines, drainage measures, streets, street curbs and similar
                constructed utilities. The as-built drawing shall be to specifica.-
                tions satisfactory to the Commission. [Added by P.L. 6-134, effec-
                tive December 18, 1962.]


                                                 CHAPTER V
                                              Improvements

                    18400.    Required improvements.
                    18401.    utilities extensions    planned areas.
                    18402     utilities extensions    unplanned areas.
                    18403     Time allowed for completion of improvements.

                      18400. Required improvements. The subdivider shall provide
                the following improvements and improvement areas within time limits
                specified by the Commission:
                  (a) Street and Alleys - Planned areas. Where general plans have
                been or are hereafter duly adopted and show an area as planned for
                development into urban uses, the following street and alley improve-
                ments shall be required:
                  All street and alleys within the subdivision shall be graded and
                drained the full width of the right of way. The roadbed portion of
                the right of way shall be improved with a stabilized coral base and
                surfaced with a light bituminous surface treatment having a minimum
                width of twenty-two feet (221). Tb7e roadway centerline gradient
                and right-of-way cross-section including drainage ditches, travel-
                led roadway design and paving and shoulders shall be in conformity
                to criteria established by the Commission.
                  Permanent sidewalks having a minimum width of four feet (41) shall
                be laid out for all streets and shall be dedicated to the government
                of Guam. The Commission shall establish criteria relating to width
                and construction of such sidewalks, and all such sidewalks shall be
                in conformity thereto. [Added by P.L. 11-134, effective April 26,
                1972.1
                  (b) Street and Alleys - Unplanned Areas. Where at the time of a
                subdivision a general plan has not been adopted or where the gen-
                eral plan designates the area as agricultural, the following street
                and alley improvements will be required.
                  All streets and alleys within the subdivision shall be graded and
                drained the full width of the right of way. The roadbed portion of
                the right of way shall be improved with a stabilized coral base.
                The roadway centerline gradient and right-of-way cross-section in-
                cluding drainage ditches, travelled roadway and shoulders shall be





                                                          125









          in conformity to criteria established by the Commission.
            (c) Storm Water Drainage. Storm drainage facilities shall be pro-
          vided in all subdivisions in accordance with plans prepared by the
          subdivider conforming to criteria established by the Commission.
          These facilities shall be designed to dispose of normal storm wa-
          ters falling on the subdivision without hazard of flooding, incon-
          venience of ponding, and the erosion of public or private land.
            (d) Domestic Water. Potable domestic water shall be piped onto
          each lot within the subdivision. Water pipes shall be new and so
          sized to supply normal household pressures.
            (e) Sanitary Sewage Disposal. When sanitary sewers are provided
          in a subdivision, they shall be in conformity to plans prepared by
          the subdivider satisfactory to the Commission. When sewers are
          placed within a subdivision, the minimum permissible lot size shall
          be a.s determined by the applied zoning distric.t, or in the absence
          of zoning, shall be not less than seven thousand (7,000) square
          feet. In subdivisionswhere sanitary sewers are not provided, the
          minimum permissible lot size shall be determined by the slope and
          characteristics of the subdivision soil andsubsoil but in no event
          shall be less than is established by the applied zoning district,
          or in the absence of zoning, seven thousand (7,000) square feet.
          Determination of lot size shall be made on the basis of soil perco-
          lation tests made in conformity to standards adopted by the Commis-
          sion. Lot sizes, including area and minimum widths and depts shall
          be related to the ability of the subdivision lands to accept the
          anticipated septic tank effluent whereby no sanitary problem will
          be created. The Commission shall establish criteria relating lot
          sizes and shapes to tested rates of seepage, and all lots created
          after the enactment of this Title shall conform thereto.
            (f) Survey Monuments. Permanent concrete monuments shall be in-
          stalled at all point of direction change in the subdivision perim-
          eter and in the exterior lines of blocks. Cenacted 1952; repealed
          and added by P.L. 6-134, effective December 18, 1962.]

            5 18401. Utilities extensions - planned areas. Where general
          plans have been duly adopted and show an area as planned for devel-
          opment into urban uses, the following development criteria will ap-
          ply for subdivisions within the area so delineated:
            (a) Road extensions. Where roads must be extended from existing
          roads in order to gain suitable access to a subdivision, the sub-
          divider shall negotiate with the property owners involved and ac-
          quire rights of way to width and alignment approved by the Commis-
          sion. The subdivider shall Improve such access road or roads the
          same as he improves the Interior subdivision roads.
            (b) Power, water mains, and fire hydrants may be installed by the
          Public Utility Agency in accordance with ï¿½ 21208.3, Government Code
          of Guam.
            (c) The subdivider shall provide easements for all utility exten-
          sions to the satisfaction of the Commission, and acceptable to the
          Public Utility Agency. [Enacted 1952; repealed and added by P.L.
          6-134, effective December 18, 1962.1

            S 18402. Utilities extensions - unplanned areas. In areas
          where general plans have not been adopted but where water, electri-
          cal facilities and roads exist within or adjacent to a planned sub-
          division area, the criteria of ï¿½ 18401@will be applicable. In un-
          planned areas where water service, electric service or public roads





                                            126









                are not immediately available, the government shall not supply any
                utility or road extension to make the site suitable for development.
                (Enacted 1952; repealed and added by P.L. 6-134, effective December
                18, 1962.1

                  ï¿½ 18403. Time allowed for completion of improvements. Upon ap-
                proval of the tentative subdivision plan by the Commission, the sub-
                divider shall complete within one fl) year all of the improvements
                required, except that the Commission, for good cause shown, may au-
                thorize an extension of time, not to exceed twelve (12) months. for
                such completion. Within such time, the subdivider must either:
                  (a) Complete the required improvements and, upon acceptance there-
                of by the government, file his final plans; or
                  (b) Furnish bond acceptable to the Commission for the completion
                of improvements, the bond to be in penal sum of one hundred fifteen
                per cent (115%) of total work costs as verified by the Director of
                Public Works. On approval of the bond, the final plans may be filed..
                (Added by P.L. 6-134, effective December 18, 1962.1


                                                CHAPTER V1
                                         Variances and Appeals

                    18500.    Petition for variances.
                    18501.    variance subdivisions.
                    18502.    Unit development.
                    18503.    Judicial review.

                      18500. Petition for variances. The Commission, on its own
                initiative, or upon the petition of any subdivider stating fully
                the grounds of the application and all the facts relied upon by
                the subdivider, may grant variances to the regulations of the Com-
                mission. Such petition shall be filed with the tentative plan of
                the subdivision. In the event the Commission shall find the fol-
                lowing facts with respect to the petition for a variance, it may
                grant a variance under such terms and conditions as it may pre-
                scribe:
                  (a) That there are special circumstances or conditions affecting
                said property.
                  (b) That the variance is necessary for the preservation and en-
                joyment of a substantial property right of the subdivider.
                  (c) That the granting of the variance will not be materially det-
                rimental to the public welfare or injurious to other property in
                the area in which said property is situated.
                  (d) That the variance, if granted, will conform with the intent
                and purpose of the general or precise plan for the territory, and
                of this Title. [Enacted 1952, repealed and added by P.L. 6-134,
                effective December 18, 1962.1

                  ï¿½ 18501. variance subdivisions. The Commission shall have
                the authority to review any prior division of parcels of land,
                whether for the purpose of lot parcelling or the establishment of
                a subdivision, presented to the Department of Land Management for
                recording as a subdivision under the provisions of this Title. The
                Commission may require the subdivider or owner to modify the arrange-
                ment, to improve access rights of way and easements, or to modify





                                                           127










          the size and shapes of lots and other improvements as a condition
          precedent to record the presentation as a subdivision. The decis-
          ion of the Commission shall be final. CAdded by P.L. 6-134, effec-
          tive December 18, 1962.3

            ï¿½ 18502. Unit development. The standards and requirements of
          this Title may be modified by the Commission in the case of a plan
          and program for a new town, a complete community, or a neighborhood
          unit, which in the judgment,of the Commission provides adequate pub-
          lic spaces and improvements for the circulation, recreation, light,
          air, and service needs of the tract when fully developed and popu-
          lated, and wh-ich also provide such deed restrictions or other legal
          provisions as will assure conformity to and achievement of the plan.
          [Added by P.L. 6-134, effective December 18, 1962.]

            S 18503. Judicial review.
            (a) Any order of the Commission shall become effective when no-
          tice thereof is delivered to the party or parties affected and, un-
          less proceedings for judicial review are instituted as provided for
          in Subsection (b) of this section, shall become final at the expir-
          ation of thirty (30) days thereafter.
            (b) If the decision of the Commission is not in accordance with
          law or is not supported by substantial. evidence, the same may be
          set aside through an action instituted in the Island Court brought
          by the party affected thereby. The subdivider shall not subdivide
          any land, or sell, lease, or offer Afor sale, any subdivision or pro-
          posed subdivision or any part thereof, or any lot, parcel or site
          therein, or commence or continue construction or any improvement
          relatingthereto during the pendency of such action.
            (c) Review by the court shall be limited to the record procured
          before the Commission and, if the decision of the Commission is not
          according to law or supported by substantial evidence, the court
          shall return the matter to the Commission for further action in ac-
          cordance with the evidence. [Added by P.L. 6-134, effective December
          18, 1962.]


                                   CHAPTER V11
              Penalties, Amendments, Interpretation and Separability

             18600.  violation penalties.
             18601.  Separability.
             18602.  Repeal.

               18600. Violation penalties.
            (a) Any individual agent, partnership, firm, association, corpor-
          ation or any other legal entity violatingany of the provisions of
          this Title shall be guilty of a misdemeanor, and upon conviction
          thereof,shall be punished by a fine of not more that five hundred
          dollars ($500.00) for each offense. Such individual agent, partner-
          ship, firm, association, corporation or other legal entity shall be
          deemed guilty of an offense for each day or portion thereof'in which
          any violation is committed, continued or permitted, and. shall be pun-
          ishable as herein provided for each such day or portion thereof.
            (b) The imposition of any sentence made under this section shall
          not exempt the offender from compliance with the requirements of this
          Title. [Repealed and added by F.L. 6-134, effective December 18, 1962.3



                                            128










                   18601. Separability. If any section, subsection, sentence,
              clause, phrase or portion of this Title is for any reason held to
              be invalid by a court of competent jurisdiction, such decision
              shall not affect the validity of the remaining portions of this
              Title. The Legislature hereby declares that it would have passed
              and does hereby pass this Title and each section, subsection, sen-
              tence, clause, phrase, or portion thereof, irrespective of the
              fact that one or more sectionsi subsections, sentences, clauses,
              phrases, or portions therof, be declared invalid. [Repealed and
              added by P.L. 6-134, effective December 18, 1962.1

                   18602. Repeal. All Acts or parts of Acts which are incon-
              sistent with the provisions of this Title are hereby repealed to
              the extent of such inconsistency. [Original Chapter 7, consisting
              of SS 18600-18606, as added by P.L. 5-142, effective September 8,
              1960, repealed by P.L. 6-134, effective December 18, 1962.1



































                                             129



















               APPENDIX D -




       INTERIM HOTEL - RESORT ZONE




          RULES AND REGULATIONS










                                               TERRITORIAL PLANNING C OMM ISSION

                                                INTERIM "H" RESORT-HOTEL ZONE

                                                    RULES AND REGULATIONS



                            Contents:

                                Section 1.     Authority, Purpose, and Intent

                                Section II.    @Definitions

                                Section 111.   Procedures for Zone Changes to 'H"

                                Section IV.    Procedures for development within an "H" Zone

                                Section V.     Standards for development within an "Hn Zone


                            Section 1. AUTHORITY, PURPOSE, INTENT

                            A.  Authority

                                These rules and regulations are promulgated by the Territorial Planning

                                Commission under authority of Titles XIV and XVII of the Government Code

                                of Guam and Public Law 14-41. as amended by Public Law 14-72 and

                                Public Law 14-82.

                            B.  Purpose

                                The purpose of these rules and regulation-, is to establish procedura'.

                                requirements for:

                                a. Zone changes to an "N" designation.

                                b. Development within "H" Zones.

                                c. Substantive standards for development within "H" Zones.

                            C. Intent

                                These rules and regulations apply to that area rezoned "H" under the

                                provisions of Public Law 14-41, as amended by Public Law 14-72 and

                                14-82 (Tumon). as well as all future proposals for development within

                                or changes of zone designation to an "H" zone. As interim regulations,

                                -they shall remain in effect until such time as final "K" Zone

                                regulations are adopted by the Territorial Planning Commission.


                            Section 11. DEFINITIONS

                            For the purpose of defining those uses permitted in the "H" Zone under

                            Public Law 14-41, but not defined elsewhere in the Government Code, the

                            following definitions shall apply:

                                1. Amusement Activity: An indoor or outdoor facility operated for

                                    the amusement or entertainment to the public.

                                                             130










                                   Cultural Facilit

                                   An indoor or outdoor facility operated for the purpose of portraying
                                   or promoting aspects of the Island's culture through use of
                                   plays. theaters. museums. arts and crafts galleries and displays.

                                   and similar facilities.

                               3. Landscaped-Area or Landscaping

                                   An area Planted and covered with soft live flora such aslawn.

                                   ground cover, trees, shrubs. or any other materials which would

                                   aesthetically enhance the area.

                               4.  Park Recreational FacilijX

                                   An area or facility established and operated for the purpose of

                                   accommodating or promoting active or passive recreational activities

                                   including sports. interpretive parks, botanical and zoological

                                   gardens, playgrounds, and such related facilities.

                               i.  Tourism Related Shops, Offices, and Supportive Services

                                   (Resort Commercial)

                                   Commercial facilities and offices directly dependent on sales or

                                   services and immediate Proximity to the public and. including but
                                   not limited to bicycle or moped rental facilities. but not suco
                                   commercial or industrial activities as auto, motorcycle. bicycle.

                                   and appliance sales or repair; assembly line. hardware. building.

                                   :!Iectrical, or plumbing supply enterprises !nd related uses.

                               6.  Transient Guest

                                   Those persons who occupy a hotel, lodging house, or similar

                                   facility in a specific tocation for less than 90 consecutive days.


                           Section 111. Procedures for Zone Change to "H"

                          A.   A proposed zone change to "N" may be initiated by the Commission or

                               by an application directed to the Commission hy any person owning or

                               leasing real property within the area covered by the proposed "H" zone.

                           B.  Appl i ca ti on. An application for a cnange of zone to "H" shall be

                               filed with the Planning Division, Department of Land Management, on

                               a zone change form. wMch, in addition to that information normally
                               required for zone changes shall include:

                               1.  A legal description of the area proposed for rezoning, copies of

                                   certificates of title for property within the proposed zone and

                                   the name of the developer and/or development company, if appropriate.
                                                               131









                         2. A statement outlining the reasons for requesting such a zone change

                              including:

                              a.   A discussion of how the public necessity, convenience, and

                                   general welfare justifies such a zone change.

                              b.   A description of the general geographical character of the

                                   area to be rezoned.

                              c.   Types of future utes or development proposed within the area,

                                   if any.

                              d.   Alternatives considered (PUD. Variance. C Zone, etc.).

                              e.   A general summary of the anticipated effect of the proposed

                                   rezoning on the surrounding environment including its impact

                                   on water quality (through drainage, leaching. run-off); any

                                   unique historical or ecological sites or other valuable

                                   natural or cultural resources-, accessibility to beaches,

                                   caves, waterfalls, or other recreational sites; and surroundinS.

                                   land-use patterns. General narrative discussion acceptable--no.

                                   requirement to follow specific guidelines for preparation of

                                   Environmental Impact Statements, or Assessments as established

                                   by Council on Environmental Quality; unless otherwise required

                                   by law.

                              f.   If proposed in conjunction with plans for substantial

                                   development of the subject area:

                                   (1)  A summary economic statement to include discussi.ons of the

                                        operating and economic role and function of the development's

                                        major features. of the primary and secondary markets to

                                        be served, of the demand for support services to be

                                        generated and the manner in which each will be secured,

                                        and of the ways in which the development furthers the

                                        expansion in breadth or depth of the Island's economy;

                                        but to specifically exclude confidential or sensitive

                                        financial data such as forecasted operating cost breakdowns,

                                        revenues, cash-flows. breakeven points, and profitability.
                                   (2)  A development schedule indicating the approximate date

                                        when construction or stages (by unit or increment basis)

                                        of any planned development are planned to begin and be

                                        completed.


                                                               132









                                         (3)  A statement of the applicant's tentative plans regarding

                                              the future selling or leasing of all or portions of the

                                              development, including specific land areas, condominium

                                              units, or cottage or cluster devFlopments by increment

                                              method.

                                         (4)  Where no public sewer, water, or such public facilities

                                              exist, the proposed methods and facilities to provide

                                              such services.


                                         (S)  A plot plan of any proposed development within the "H"

                                              Zone area. The plot plan shall show the location of

                                              proposed major structures and facilities within the

                                              rezoned area, including sources of water and power,

                                              required sewage disposal systems and proposed landscaping.

                                              The plot plan shall indicate existing topography as

                                              defined in Chapter IV, Section 18300(a)(12) of Title XIX

                                              of the Government Code of Guam.

                            C.   Upon certification by the Territorial Planner that complete information

                                 has been provided by the applicant, the Commission shall hold at least
                                 one (1) public hearing thereon in the municipal district where the

                                 property to be rezoned is located, as such districts are described in

                                 Chapter I of Title XVI of the Government Code, notice of time and place

                                 of which shall be given by at least one (1) publication in a newspaper

                                 of general circulation at least ten (10) days before the day of said

                                 hearing, and by mail to the Commissioner of the municipal district

                                 concerned, and to those landowners owning land within five hundred

                                 (500) feet of the property for which rezoning is requested, the mailing

                                 addresses for such landowners to be in the Real Estate Tax records.



                             D.   Prior to the public hearing, the Territorial Planner shall submit the
                                  application and other supporting documents including a summary report
                                  of the public hearing for the proposed zone change to the Subdivisiorf
                                  and Development Review Committee for their review and recommendation.
                                  The Subdivision and Development Review Committee (SDRC) findings shall

                                  be presented at the public hearing.




                                                                  133









                          E.  The Commission shall consider the proposed change of zone and may

                              approve or disapprove the same, in whole or in part.  The Cornission

                              shall make its findings and determinations within forty (40) days

                              from the date of the hearing thereon and shall forward notice of

                              such decision to the applicant, if any.  If the application is approved

                              in whole or in part by the Commission, the same shall be forwarded to

                              the Governor who may approve or disapprove the proposed change in whole

                              or in part.

                          F.  Pursuant to Chapter XIV, Title XVIII of the Government Code, upon

                              approval of the zone change by the Governor. it shall be submitted

                              to the next portion of the next regular session of the Legislature

                              convening after the said approval.  Such amendment to the zoning map

                              shall remain in effect unless amended or repealed by statute.

                          G.  Zone changes to "H" shall not be permitted for any area less than

                              two and one half (2-112) acres in size.


                          IV. Procedures for Development Within an "H" Zone

                              A.  Before issuance of any building permit for development proposed

                                  either in 1) in conjunction with submittal of a requested zone

                                  change to "H* or 2) in a prior approved "H" Zone, a tentative

                                  plan for such development shall be submitted to the Territorial

                                  Planner containing the following information as deemed appropriate

                                  by the Territorial Planner-

                                  1.  The name and address of the owner or owners of record, of the

                                      developer and of the person preparing the map.

                                  2.  Date, north arrow and scale.

                                  3.  A kep map locating the development relation to surrounding

                                      areas.

                                  4.  The exact length and bearing of the exterior boundaries of

                                      the development which data shall be referenced to the

                                      *Guam Geodetic Triangulation Control Network" or such

                                      alternative system of triangulation control as the Territorial

                                      Surveyor may direct.

                                  5.  The accurate placement and outline of structures existing

                                      on the site.







                                                              134










                               6.  The location, names. and existing widths of adjacent street

                                   rights of way.

                               7.  The location and dimensions of all known existing easements and

                                   reservations.

                               8.  The location of existing utilities, sewers. drainage ditches, and

                                   other drainage facilities located in, or adjacent to, the proposed

                                   development.

                               9.  The location, width and direction of flow of all water, courses

                                   within the subdivision area.

                               10. Topography with contour intervals of two feet (2') where the ground

                                   slope is five percent (5%) or less or contour intervals of five
                                   feet (5') where the ground slope is more than five percent (5%).

                               11.  The location and widths of all existing or proposed streets in

                                    the development.

                               12.  The approximate layout and approximate dimensions of each structure,

                                    facility, or use proposed within the development.

                               13.  Areas intended to be reserved for public use.

                               14.  A drainage plan showing methods and facilities for collection and

                                    disposal of storm waters. The storm drainage disposal area or

                                    channel must have a demonstrated ability to accept additional

                                    water in view of capacity of area or channel and of capacity of

                                    existing improvements confining the channel.

                               The tentative plan shall be prepared in sufficient detail for analysis

                               by the Commission as to sufficiency and most suitable location. The

                               Commission may require the submission of detailed construction drawings

                               as work is initiated to permit detailed analysis of construction

                               conformity to law and the rules and regulations of the Commission. and

                               to facilitate inspections.

                            B.   Upon certification by the Territorial Planner that such complete and

                                 accurate information as requested has been provided, such tentative

                                 plan shall be submitted to the Subdivision and Development Review

                                 Committee for review and recommendations.

                            C.   The Territorial Planning Commission shall either approve. including

                                 approval with conditions, or disapprove in whole or in part the
                                 proposed tentative development plan. Upon approval, appropriate

                                 permits for initial construction may be issued.

                                                                  135







                             Any proposed use or structure which has not been included in an
                             approved tentative plan must be approved by the Counission or at its
                             discretion, the Territorial Planner. before issuance of any building

                             permits

                             A performance bond or undertaking shall be required for any development

                             undertaken pursuant to an approved tentative plan within an "H" Zone

                             as other-wise provided in the regulations. The amount of the bond shall

                             be One Hundred and Ten Percent (110%) of the infrastructure costs of

                             the project, and not less than Two Thousand Dollars ($2,000).  The

                             entire bond or any undertaking of any portion thereof shall be forfeited

                             as determined by the Commission for failure to comply with any applicable

                             land use, water quality, or zoning regulation except as allowed for

                             under prior granting of a variance or other legal exception from such

                             requirement: including, but not limited to, erosion and grading

                             standards, landscaping, height and setback requirements, the

                             tentative develoWent plan as approved by the Commission and any

                             applicable zone regulations. The entire bond or any portion thereof

                             shall be forfeited as is required to complete the Site preparation

                             and infrastructure features of the project should these not be completed

                             by the developer.

                        F.   The Commission shall approve a maximum time period within which all

                             of the improvements authorized in the tentative development plan shall

                             be completed. The time period shall be no less than six months, and

                             no more than four years. The time period shall be based on the size,

                             character. and complexity of the authorized improvements. The

                             Commission may, for good cause shown, grant any extension of time.

                        G.   Upon completion or any portion of the project in accordance with

                             the tentative plan. the Department of Public Works shall certify to

                             the Commission that the project has been completed in accordance with

                             the tentative plan.


                         H.   Requirements or preparation of tentative development plans and posting

                              of performance bonds as outlined in this section shall not apply to

                              construction of single-family dwellings in that area in Tumon zoned-"H"

                              under Public Law 14-41, as amended.






                                                               136










                          Section V. Standards for DeveloDment Witnin an OH" Zone

                          A.  All development within an "H" Zone shall comply with all applicable

                              pollution and erosion standards as promulgated by the Guam Environmental

                              Protection Agency.

                          B.  The nature, size, shape, lighting, and style of an outdoor sign shall

                              conform to those requirements as outlined in the Sign Regulations,

                              Title XVIII, Chapter IX. of the Goverment Code for Commercial Zones.

                          C.  The following parking regulations shall apply:

                              1.  Title XVIII, Chapter VIII, Sections 17350 - 17352 of the Goverment

                                  Code of Guam.

                              2.  Provisions noted under "footnotes* to the "H" Zone Yard and

                                  Height Regulations.

                          0. Development and activities within an *H" Resort-Hotel Zone shall:

                              1.  Provide open access to public resources including but not limited

                                  to beaches or other parts of the ocean shore* parks, conservation

                                  areas. rivers, waterfalls, and other public resources.

                              2.  To the maximum extent possible, assure that all permissible and

                                  accessory uses enhance, compliment, and do not detract from or

                                  surrounding area.

                              3.  When associated with or encompassing such valuable resources as

                                  unique land, water. floral, faunal, cultural, historic, archaeologic.

                                  or other such areas:


                                  a.  Provide interpretive materials, displays, and information, as

                                      required. reviewed, and approved by the Department of Parks

                                      and Recreation. The Territorial Planner shall certify to

                                      the TPC and SDRC that the interpretive materials, displays,

                                      and information have been so approved.

                                  b. Assure that such resource; remain, to the maximum extent

                                      possible. in their natural or undisturbed state.

                          E.  Dwellings permitted in an "H* Zone shall be designed:
                              1. To accommodate primarily the needs and desires of visitors.

                                  tourists, and transient guests.

                              2.  In a compatible arrangement so as to compliment and enhance the

                                  adJacent structures and environment.






                                                                  137









                        F.   Such recreational or amusement activities as bowling alleys, movie

                             theaters, or sports facilities which normally and necessarily create

                             temporary or occasional substantial adverse impacts, such as excessive

                             noise, light, or traffic, shall be permitted in an "N" Zone only upon

                             a determination by the Commission that such an activity is normally to

                             be found in a tourism-related development area, and that the activity

                             is reasonably compatible with the existing or reasonably forseeable

                             development of the surrounding area.

                        G.   Prior to issuance of occupancy permits for any development within an

                             "H" Zone, the developer shall certify-to the Territorial Planner that

                             no less than two percent of the total construction cost for development

                             of land oriented facility or structure was expended on landscaping
                             that particular development. Allowable costs under such a requirement

                             include the costs for purchase of landscaping vegetation and labor

                             Involved in Its planting.


                            H. Variance to these regulations may be granted by the Commission

                               only upon issuance of such findings or under such conditions as

                               prescribed under Sections' 17501 - 17502 of the Governinent Code.

                           1. Yard, Area, and Height regulations for the "H" Zone are as outlined

                               in the attached chart.








































                                                             138











                                                                                                                                         Y A It 0 AM AN 906NT RMATIM
                                                      L4.               &009 ApWtY               Minimum tot $ixis                                         YAAD (3)                                              Lot kas per
                                                                                                                                                                                                                 Palk"                            Wri
                                                                                                                                   front                                                    AW
                                                                                               "00 W/Sower                                              (4)                                                      6,000   111/ Sower
                                                      Single            4 ef.u.1scre           10,000 W(O Sewer , 1.3 ft. (5.)                           a ft. DO)                      10 ft. 01111)                                                 2S
                                                                                                                                                                                                                 10.000  W/f)SoWVWWr
                                                                                                 (Ilto M                                                                                                         (4119 111      )
                                                      Zero Lot                                                                (4)                                                                                4,000 W/ Sawor
                                                      Line              5 il.u./Scrai            4000 roft.                   15 ft. (5w)                is ft. (50)                    to ft - I Ise)           1111.00 W10 Sewor                    33
                                                                        1                        (371.                                                                                                           0,00%   (744 0 2)
                                                      Iowa Lot                                                                (4)                         (4)                                                    3,000   W/ Sai ply
                                                      Line     sam;     6 d.v./scre              3000  "lift.                 3 f t. (SW                 16 ft. Um                      to ft. (50)              6,000   W/o SO                      3S
                                                      Attacised         1                        U7111 a )                                                                                                       fi,fi" (&Ito out)
                                                      new Four                                                                (4)                                                                                2,000 W/ sewsr
                                                      to dI$#At         10 d.u. locro            2 500 sq. ft.                10 I'L ($mi)              (14J ft. (50)                   16 ft. (SQ               '4,000  Wif Scwvr                    25
                                                                        1                        (132.5 se.)                                                                                                     (Silt W?       )
                                                      Multi-                                                                                                                                                     fait W/Siewer
                                                      Fami ly           16 4.u./Acre             10.600 41 ft.                10 ft. ($in)              10 ft. (3a)                     13 ft. (4m)              2722 W/o siower                      3 S
                                                                        1                        (1012 a                                                                                                                 VAI)
                                                      Multi -
                                                      family            to if.u./Acf4            t5,555 eq. ft.               13 ft@ (4=)               10 ft. (3111)                   tO ft. (6m)              W7 eq.ft. 006 in 2)               (tot
                                                                                                 (1,768 in

                                                      multi -
                                                      family            2t d. u. /a4re           so: :02 4 4 ft.              Is it. (70)                Its ft 011,I)                  Ss ft. (100)             tool eq. ft. (185 in It)
                CA)                                                                              (4, 47 in

                                                      multi -                                                                                        70", Cambifted       Side
                                                      Family            26 d.u./Acre             70.006 al ft.                33 ft. (loll)            VAS 0 j,(M)Lf,                   49 ft. (154              I'M sq-ft. (rjs=2)
                                                                                                 (6.506 a                                            Adth, MISS t wn)
                                                                                                                                                     Tot$  I cosebiriod sidef
                                                                        st d.u./,.ro             90 100 1 ft.                 55 ft. 0OM)            yords equals 401 lot               T5 ft. (15011)           1,50 si.ft. W6.5a, 2)
                                                                                                 (6165 a                                             width, or 33(tJobin)
                                                      Hotel                                                                                          Total combined side
                                                      Loris             3s d.u. /scra            tOO,00 Wit-                  35 ft- (100)           yards equals W; lot                75 ft. (tS.)             1141 sq-ft. (146is I)
                                                                                                                                                     Widtho on$ side isis.
                                                                                                                                                     65 ft. (lie)
                                                      Resort               NA                       996 II.ft.                14 ft. (311)           (5) io ft. (3111)
                                                                                                 9.                                                                                     10 ft. 150)                   U                               5



                                                               FOOTIMPT93'.
                                                               (1)      Losilolkw/Areas include all Wtbacke,ao                pdrkir4 permitted.                      (4)    Zero lot I i" MW lie pareeitteil With adjacent 0 4
                                                               (2)      two (2) rrkir
                                                                                            a ces permitted on po"4 driveway witNo do                                        MW "toism of "Jitional OP"I 6104ce.
                                                                        sixtoook Oat (16'rootbitek.
                                                               (3)      Wites                                                                                         (5)    "a-         otla,          Neift (WOMI                    toil 6Y divial
                                                                          thyerd Outs sliorel Ina. bVII6011 setbacks are increased                                           t"               4-TA-44i plus to ISWAV 10.
                                                                        by   irty-fivo feet (35') (or sne story and sovetity-fiviii feet
                                                                        (151) for two       stony 8114 I'm                                                                                      11111111 a (LL 4 1,11)
                                                                                                                                                                                                                 to


0















                     Section VI. Amendments

                     These Rules and Regulations may be amended by the Commission at any
                     regular or special meeting by a majority vote, provided that a ten
                     (10) day public notice is provided.


                     Adopted on March 10, 1978.





                                                      Chairman, Territorial Planning Commission



                              I certify that the foregoing is a true copy of the Rules and
                     Regulations of the "H" Resort-Hotel Zone promulgated. effective March 10, 1978.

                     These rules and regulations were in effect March 10. 1978 and continue

                     in effect as of the date of this certification.
                     
                     JOHN P. AGUON, EXECUTIVE SECRETARY
                     Territorial Planning Commission











                                                           140
 














I












                APPENDIX E




    DPW BUILDING PERMITS AND STANDARD
           OPERATING PROCEDURES

I









                                  BUILDING PERMITS & INSPECTION SECTION


          N 0 T I C E

          TO:       The Public

          SUBJECT:  Updated Implementation of Rules, Regulations and Forms;
                    Policies, Standard Operating Procedures (SOP) and Forms


          For the guidance and compliance of concerned, the following Rules and Regulations;

          Policies, Standard Operating Procedures (SOP) and Forms are hereby promulgated in

          initial implementation of the provisions of the Director of Public Works Authority

          Section 31014 and 31015(a), (b), & (c), Section 31042(b) as amended by Public Law

          14-112 otherwise known as the Building Law Title XXXII, Government Code of Guam.

              I There shall be an organized "Division of Engineering Personnel" to serve

          as the Technical Staff of the Director of Public Works in the Administration and

          Enforcement of the provisions of the Building Law.

              2. All Public Works Engineering Division/Section Managers shall serve as

          Coordinators' support between the Chief of Engineering, CIP(COE) and the office

          of the Director of Public Works. In behalf of the Chief of Engineering, they

          shall supervise and monitor the work operations of the Director in the respective

          areas of jurisdiction.

               3. Subject to the approval of the Chief of Engineering, all duly designated

          Division/Section Manager shall organize their respective officies in such a manner

          as to be able to attain the goals and objectives and perform their functions and

          duties under the code.

                 3.1  For purposes of organizing the office of the Building Permits and
                      Inspection Section and determining the staffing pattern thereof,
                      (Districts) Villages and Municipalities shall be classified and
                      directed by the Building Official (Administrator).

                 3.2  All positions in the office of the Builidng Official shall be oc-
                      cupied by qualified available personnel from within the Department
                      of Public Works, Engineering Division. Whenever needed, highly



                                                141








                         qualified professional and/or technical personnel shall be done
                         through the Department of Public Works personnel rules and regula-
                         tions and Operational Procedures Manual, Government of Guam.

                  4. The processing of Building Permits including the use of the prescribed

             forms, therefore shall be in accordance with the corresponding rule initially

             promulgated hereunder pursuant to Section I, Part Two.












































                                                   142










                                                    I N D E X


                          PART ONE - RULES, REGULATIONS AND FORMS

                                 1.    - CODES - GENERAL CONSTRUCTION

                                II.    - GENERAL INFORMATION

                               III.    - ZONE DESIGNATION

                                IV.    - SETBACKS AND LOT AREA REQUIREMENT

                                 V.    - PROHIBITIONS AND PENALTY

                                VI.    - SCHEDULE OF BUILDING PERMIT FEES


                          PART TWO     - PROCEDURES AND REQUIREMENTS FOR OBTAINING
                                         A BUILDING PERMIT

                                 I.    - BUILDING PERMIT APPLICATION PROCESS

                                11.    - PLANS AND SPECIFICATIONS

                                III.   - REVIEW PROCEDURE

                                IV.    - ISSUANCE OF PERMITS

                                 V.    - VALIDITY

                                VI.    - EXPIRATION OF BUILDING PERMIT

                                VII.   - APPROVED PLANS AND SPECIFICATIONS

                               VIII.   - INSPECTIONS

                                IX.    - STOP WORK ORDERS

                                 X.    - CERTIFICATE OF OCCUPANCY

















                                                         143



























                               P A R T      0  N E



                    R U L E S,  R E G U L A T 1 0 N S

                              A N D    F 0  R  M S





























                                       144
 







                                                      P A R T           0 N E



                               REGULATIONS AND PROCEDURES FOR THE CLEARING AND GRADING OF LAND
                               AND CONSTRUCTION OF BUILDINGS AND OTHER STRUCTURES ON GUAM=UR-
                               SUANT TO SECTION 24200 AS AMENDED, 31014 and 31015 OF THE GOVERN-
                               MENT CODE OF GUAM)

                     I.        CODES - GENERAL CONSTRUCTION:

                               All construction work within the Territory of Guam and under the

                               preview of the Department of Public Works shall be governed by the

                          *Latest Edition of the Uniform Building Code and supplements thereto.

                    II.        GENERAL INFORMATION: (National Electrical Code, Uniform Plumbing
                                                             Code, Uniform Building Code, & Zoning Law)
                               Before applications are made for a building permit, the following

                               information should be read carefully and thoroughly understood. All

                               questions should be directed to the Building Official.
                  III.         ZONE DESIGNATION: (Zoning Law)
                               The Territory of Guam is divided into nine zones known as:

                               "All          Rural Zone

                               "Rl"          One-Family Dwelling Zone

                               "R211         Multiple Dwelling Zone

                               11P11         Automobile Parking Zone

                               11C11         Commercial Zone

                               11.1111       Limited Industrial Zone

                               "M211         Industrial Zone

                               "LC"          Limited Commercial Zone

                               "H"           Resort Hotel Zone

                   IV.           SETBACKS    AND LOT AREA REQUIREMENTS









                                                                   145








                 V.     PROHIBITIONS AND PENALTY: (SECTION 31054, TITLE XXXII)

                        SECTION 31018 PROHIBITIONS:

                        1.  It shall be unlawful to construct, enlarge, alter, remove or      'demo-
                            lish, or change the occupancy of a building from one use group to
                            another requiring greater strength, exit or sanitary provisions, or
                            to change to a prohibited use, or to install or alter any equipment
                            for which provision is made or the installation of which is regula-
                            ted by this Title XXXII, and Uniform Building Code without first
                            filing an application with the Bui-lddli-n-g-Tf-ficial in writing, and
                            obtaining the required permit therefore except that ordinary repairs
                            as defined in Title XXXII, Government Code of Guam which do not in-
                            volve any violation of this Title shall be exempt from this provi-
                            sion.

                        2.  Any person violating the provisions of Uniform Building Code and
                            Title XXXII shall be deemed guilty of a patty misdemeanor, punisha-
                            ble by a fine of not less than five ($5.00) dollars nor more than
                            five hundred ($500.00) dollars or imprisonment for not ,ic,': than
                            one (1) year, or by both such fine and imprisonment.

                        3. Such person shall be deemed guilty of a separate offer         for each
                            day during which any violation of the provisions of Title XXXII,
                            and Uniform Building Code, Government Code of Guam occurs.

                V1.     SCHEDULE OF BUILDING PERMIT FEES

                        Before a building permit is issued a permit fee shall be paid to the
                        Building Official in accordance with the following schedule based
                        upon the value of the proposed work.

                        1. A fee for each building permit issued by the Building Official in
                            connection with any work shall be paid to the Treasurer of Guam as
                            set forth in Table 3A of the 1976 Edition of the Uniform Building
                            Code except that the building permit fee for a single family resi-
                            dence shall be one-half (1/2) the applicable fee in Table 3A.

















                                                       146





















                                   P A R T      T W 0




                     P R 0 C E D U R E S A N D  R E Q U I R E M E N T S

              F 0 R 0 B T A I N I N G A C 0 N S T R U C T 1 0 N P E R M I T



















 Id
























                                            147










                                          P A R T T W 0



                             PROCEDURES AND REQUIREMENTS FOR OBTAINING
                                       A CONSTRUCTION PERMIT


               I. BUILDING PERMIT APPLICATION PROCESS, PROCEDURES AND REQUIREMENTS:

                  A permit application, completely filled out on forms furnished by the
                  Department of Public Works, shall be submitted by the builder/owner.

                  The permit application must be accompanied by at least three (3) com-
                  plete sets of plans and specifications for the proposed work.

                  Before specific plans and specifications are reviewed for compliance
                  with the Building Code and other requirements, the plans and specifi-
                  cations shall contain the following as a minimum.

              II. PLANS AND SPECIFICATIONS - DRAWING STANDARDS:

                  A. PLAN SHEET SIZES, DRAWINGS AND SPECIFICATIONS REQUIREMENTS

                      1. Plan Sheet Size - All plan sheets must have a minimum size of
                         18"x24" and a maximum size of 30"x42". A set of plans must
                         have a uniform sheet size. Variations of sheet size will not
                         be accepted. Exceptions to these size requirements will be
                         permitted only upon sufficient justification and written ap-
                         proval by the Building Official.

                      2. Drawings shall be provided with a border lines leaving a
                         one-half inch margin at the top, bottom and right side and a
                         one and one-half inch margin at the left for binding. Drawings
                         shall also contain a title block in the lower right hand corner
                         identifying the project and the names of the owner and the per-
                         son or firm responsible for the preparation of the plans. All
                         plans, specifications and calculations shall bear the stamp and
                         signature of professional engineer or architect licensed to prac-
                         tice in the Territory of Guam.

                      3. Specifications - (If not on plan sheets) must be on standard
                         8 1/2" x 11" size sheets, typed and bound, indicating the exact
                         description of the project.

                  B. CIVIL REQUIREMENTS

                      1. Plot Plan - Plans must include a plot plan drawn to scale, com-
                         pletely dimensioned, and must contain the following:

                           a). Delineation of property boundaries lot number and zone
                               designation
                           b). Delineation of:public rights-of-ways, easements access
                               roads(if applicable).



                                                  148







                        c).  Lot diagram indicating the size and location of the
                             proposed construction and all existing structures on
                             the side and their distances from lot and street lines,
                             the established grade and existing elevations, and final
                             grade elevations of the site shown by contours or spot
                             grades at reasonable intervals.
                        d). Sewage Disposal Requirements - (Connection to public sewer)
                             If sewage disposal is to accomplished by connection to
                             public sewer, the project plan must show the following:

                                     (1).  Lowest floor elevation
                                     (2).  Sewer construction profile to include tapping
                                           connection and sizes.
                                     (3).  Location, depth and type of on-site existing
                                           sewage disposal facility.
                                     (4).  Connection details.

                        e). Individual     Sewage Disposal System - (Connection to septic
                             tank and leaching field) If sewage disposal is to be ac-
                             complished by an individual sewage disposal system, the
                             plan must indicate the following:

                                     (1). Soil test data.
                                     (2). Disposal system construction detail (as per
                                           Guam Environmental Protection Agency, and
                                           PUAG Requirements)

                               NOTE: Location of all property lines must be verified by
                                      the Department of Land Management.

                   2. Grading Plan - Plans must include a grading plan, which may be-a
                      part of, or separate from the Plot Plan and must contain the fol-
                      lowing:

                                     (a).  Hydraulic analysis must be submitted in a sepa-
                                           rate bound report showing computations bearing
                                           seal and signature of professional engineer
                                           licensed to practice in the Territory of Guam.
                                     (b).  All necessary drainage plan and profiles, drai-
                                           nage structures and details shall be included
                                           in civi.c drawings.
                                     (c).  Drainage plan and profile may be required by
                                           Hydraulic Engineer.
                                     (d).  Location of existing and proposed utilities,
                                           roads, paved areas on the site.
                                     (e).  Location of all existing and proposed drainage
                                           channels.
                                     (f).  Grade lines of existing and proposed grouna
                                           surface.
                                     (g).  Soil test data must be shown on the plans or in
                                           a separate bound soils report. Data must include
                                           a log of test holes showing all soil formations
                                           encountered and the depth of any ground water



                                                         149








                                       found. Soil erosion control plan when required
                                       by Guam EPA regulations or the Building Official.

                       NOTE: Soil test requirements may be waived for one or two family
                             dwellings, or building extensions, if in the opinion of the
                             Building Official such tests are not required for a safe
                             design.

                       Soil test data must be submitted for projects involving indivi-
                       dual sewage disposal systems.

                       Sewage Treatment Plant - If sewage disposal is to be accomplished
                       by the utilization of a treatment plant, the plans shall contain
                       the following:

                            1. Site plan
                            2. Component details
                            3. Flow diagram of the plant
                            4. Design criteria
                            5. Design data indicating organic loading air supply require-
                               ments and detention time
                            6. Dudge disposal scheme
                            7. Discharge scheme
                            8. Design analysis

                       All sewage disposal schemes and plans and specifications must be
                       approved by Guam EPA.

                3. Landscape Plans - Shall contain at least the following data and in-
                    formation:

                            a). Parking areas and driveways in accordance with zoning
                                requirements.
                            b). Patios, terrace and hardstand existing or proposed.
                            c). Plant listing - symbols, quantity and sizes; descrip-
                                tion local and botanical names.
                            d). Lighting outdoor, etc.

            C. ARCHITECTURAL PLANS - Shall contain at least the following data and
                information.

                            1). Floor Plan - All spaces must be designated according to
                                use.
                            2). Exterior elevations
                            3). Interior elevations
                            4). Building sections
                            5). Wall sections
                            6). Roof plan
                            7). Detailed drawings necessary to show adequately all
                                architectural elements of the building, including
                                doors, windows, & interior finish schedules, and
                                other details necessary to substantiate all required
                                fire-protection characteristics.



                                                    150








           D. STRUCTURAL PLANS - Shall contain at least the.following data and
              information.

                          1). Foundation plan
                          2). Roof framing plan
                          3). Floor framing plan (If two-story or more)
                          4). Detailed drawings showing sizes, sections, and lo-
                              cations of members and such other information as may
                              be required to indicate clearly all structural elements
                              and structural engineering features
                          5). Design calculations and analysis

           E. MECHANICAL AND PLUMBING PLANS - Shall contain at least the following
              data and information.

                          1). Complete mechanical and plumbing plan (floors, iso-
                              metric, elevations and details)
                          2). Legend of symbols
                          3). General notes specifying design criteria for all
                              mechanical and plumbing systems (Required unly For
                              multi-family dwelling, commercial, industrial and
                              institutional buildings)
                          4). Fixture schedule specifying materials to be used
                              (Required only for multi-family dwelling, commercial,
                              industrial and institutional buildings)
                          5). Buildings with air-conditioning:

                                  a) Provide energy conservation with calculations,
                                     according to UBC, Chapter 53. Reflect the
                                     insulation required on the drawings.

                          6). Specifications
                              (Required only for multi-family dwelling, commercial,
                              industrial and institutional buildings)
                          7). Design Calculations
                              (Required only for multi-family dwelling, commercial,
                               industrial and institutional buildings)
                          8). Food service equipment (if applicable)(must be approved
                              by the Department of Public Health & Social Services)

           F. ELECTRICAL PLANS - Shall contain at least the following data and infor-
              mation.

                          1). Electrical plan - to include

                               a).  Lighting plan
                               b).  Power plan
                               c).  Communication plan (if commercial or industrial)
                                    including fire alarm system
                                    (Required only for multi-family dwelling, commer-
                                    cial, industrial and institutional buildings)
                          2). Service one line diagram
                          3). Panel schedules
                          4). General notes specifying design criteria


                                                 151








                                5). Legend of symbols
                                6). Design calculations (Required only for multi-family
                                    dwelling, commercial, industrial and institutional
                                    buildings)

                          NOTE: Mechanical and Electrical Plans must be separated and
                                 must not be superimposed on other plan categories.

            III. REVIEW PROCEDURE: ( See Figure 1, 11 & III )

                  k. The building permit application accompanied by at least three (3)
                    complete sets of plans and specifications must be submitted to the
                    Bu ilding Permits Section, Department of Public Works by the owner
                    or his licensed contractor.

                  B. The Building Permit Official shall review the plans and specifica-
                    tions to assure that all minimum requirements are met.

                  C. The review and approval of the following government agencies shall
                    be required:

                                i). Department of Land Management
                                2). Guam Power Authority
                                3). Guam Telephone Authority
                                4). Public Utility.Agency of Guam
                                5). Guam Environmental Protection Agency
                                6). Public Safety-Fire Prevention Bureau
                                    (Required only for multi-family dwellings, commercial,
                                    industrial and institutional buildings)
                                7). Public Health and Social Services
                                    (If applicable - for food service equipment & systems
                                    only)
                                8). Dept. of Parks & Recreation
                D. If plans and specifications meet the requirements, they shall be sub-
                   mitted to the Division of Design Analysis for review.

                E. If plans and specifications are found to be adequate and conform to
                   all building code and other applicable requirements, the Building
                   Permit Official shall stamp and sign three (3) complete sets of
                   plans and specifications.

                          Two(2) setswill be retained by the Building Permit Section
                          One(l) set for the  owner's records
                          One(l) set returned to the owner for his/her licensed con-
                                 tractor which must be available for inspection at
                                 the job site any time work is in progress

            IV. ISSUANCE OF PERMITS:

                The Building Official or his authorized representative shall then issue
                a building permit which must be posted on a conspicuous location at all
                times.





                                                   152









            V. VALIDITY

               Section 31030, Building Law, Title XXXII, Government Code of Guam.

                    a). The issuance of a building permit or approval of plans and spe-
                        cifications shall not be construed to be a permit for, or ap-
                        proval of any violation of the provisions of this law. Any
                        building permit presuming to cancel such provisions or condone
                        such violations shall be entirely invalid and void.

                    b). The issuance of a building permit after approval of plans, spe-
                        cifications and attached data submitted therewith, shall not
                        prevent the Building Official from thereafter requiring correc-
                        tion of any errors in said plans, specifications and data, nor
                        from prohibiting building operations to be carried on thereunder
                        until said correction is made.

           VI. EXPIRATION OF BUILDING PERMIT

               Section 31030 (c), Building Law, Title XXXII. Government Code of Guam.

                        Any building permit shall lapse and be void if the work autho-
                        rized by it is not commenced within three (3) months after its
                        issuance; or is suspended or abandoned for a period of three (3)
                        months at any time after the work has been commenced; provided,
                        that, for cause, the Building Official may allow up to a maxi-
                        mum of three (3) months each. All such extensions shall be in
                        writing and noted on the building permit and in the building
                        records of the Department of Public Works.

            VII. APPROVED PLANS & SPECIFICATIONS

                 Section 31028, Building Law, Title XXXII, Government Code of Guam.
                 "Approved plans and specifications shall not be changed, modified or
                 altered in any manner affected by the provisions of this or other ap-
                 plicable laws, without express written authorization from the Building
                 Official, and all work shall be done in accordance with the approved
                 plans and specifications.

           VIII. INSPECTIONS

                 The project shall be inspected on regular basis by the inspectors from
                 the Department of Public Works to assure compliance with approved plans
                 and specifications and in accordance with all Public Works building and
                 safety regulations.

                 Section 31042, Building Law, Title XXXII, Government Code of Guam.
                 "The Building Official shall inspect or cause to be inspected from time
                 to time during the progress of the work thereon, all building structures
                 for work on which a building permit has been issued and is outstanding.
                 A record shall be made of every such inspection and of all violation of
                 the provisions of this Title as discovered by such inspection, and other
                 applicable laws, rules and regulations.



                                                  153








                         NOTE: In accordance with Public Works regulations:

                                   1). Schedule of inspection must be made 24 hours
                                       in advance and all work must be completely
                                       finished.

                                   2). All major construction work such as electrical,
                                       plumbing and reinforcement rebars shall not be
                                       covered or concealed without first obtaining
                                       the approval of the Building Official.

            IX. STOP WORK ORDERS:

                In the event a project is commenced without a building prmit on work
                performed is not in accordance with the approved plans and specifica-
                tions on any disapproved changes or revision thereto, or unsafe cons-
                truction practices are continued after sufficient warning by the Buil-
                ding Official or his authorized representatives, a STOP WORK ORDER
                shall be issued and takes effect until the conflict is resolved.

             X. CERTIFICATE OF OCCUPANCY

                A. Final Inspection:

                   After final inspection of the project indicates that the work performed
                   was done in accordance with approved plans and specifications and has
                   met all Government Code of Guam requirements, the Building Official
                   shall issue a Certificate of Occupancy.

                B. Section 31033, Building Law, Title XMI, Government-Code of Guam

                   "No building or structure hereafter erected shall be occupied or used,
                    in whole or in part, until a certificate of occupancy shall have been
                    issued by the Building Official and posted on the premises certifying
                    that such building conforms to the provisions of this Law."

                C. Change in Use:

                   Changes in the character or use of a building shall not be made except
                   as specified in Section 502 of the Uniform Building Code, 1976.

                D. Certificate Issued:

                   1. After final inspection when it is found that the building or     struc-
                      ture complies with the provisions of Uniform Building Code 1976, the
                      Building Official shall issue a Certificate of Occupancy which shall
                      contain the following:

                         a). The building permit number
                         b). The address of the building
                         c). The name and address of the owner
                         d). A description of that portion of the building for which the
                             certificate is issued.




                                                     154







                      e). A statement that the described portion of the building
                           complies with the requirements of this Code for group
                           and division of occupancy and the use for which the
                           proposed occupancy is classified.

                      f).  The name of the Building Official.

             E. TEMPORARY  CERTIFICATE:

                A temporary Certificate of Occupancy may be issued by the Building
                Official for the use of a portion(s) of a building or structures
                prior to the completion of the entire building or structure.

             F. POSTING:

                The Certificate of Occupancy shall be posted in a conspicuous place
                on the premises and shall not be removed except by the Building Of-
                ficial.












































                                                  155













            -maw


             ptjbhc works




             TO: GRADING PERMIT APPLICANT



             Before Grading Application can be reviewed by the Department of Land Management,
             Guam Environmental Protection Agency and the Department of Public Works, specific.
             plans shall contain at least the following data and information.

                   I. Drawing Standard:
                           Sheet size shall not be less than 18" x 24" and not bigger
                           than 30" x 42". Sheet size in plan set must not vary.

                  II. Civil Requirements:

                           A. Location Plan

                           B. Grading Plan

                           C. Drainage Plan

             The subject lot shall be drawn in accordance with an accurate survey map.





                                                            Building Official
                                                      Building Permits & Inspection
                                                           Government of Guam
                      V11 A-MI
          ilo



















































          Government of Guam, P.O. Box 2950. Agana. Guam 96910 156



















                APPENDIX F




       LAND USE PERMITS FLOW CHARTS




          RULES AND REGULATIONS








          MANUAL OF PROCEDURE


    GOVERNMENT OF GUAM PE





           Coastal Zone Management Progran
                   Bureau of Planning
                  Government of Guam


                       April 1986











                      This booklet was funded by the United States
                      Department of Interior with assistance by the
                     Unitted States Department of Commerce, Office
                    of Ocean and Coastal Resource Management, and
                      Guam Coastal Management Program, Bureau
                           of Planning, Government of Guam














                                     Prepared by

                           John P. Duenas & Associates, Inc.
                                    P.O. Box 8900
                               Tamuning, Guam 96911










                                                         TABLE OF CONTENTS



                               PERM IT/PROCEDURE                                                   PAGE



                               Building Permit
                               Single Family Dwelling                                                   I


                               Building Permit
                               All StrL4cture* Except
                               Single Family Dwelling                                                   2

                               Grading and Clearing  Permit                                             3


                               Tentative and Final
                               Subdivision Map Procedure                                                4


                               Territorial Seashore Permit                                              6


                               Wetlands Permit                                                          7



                               Flood Hazard Area Permit                                                 9


                               US Army Corps of
                               Engineers Permit                                                       10


                               Conditional Use Procedure                                              12


                               Zone Variance & Subdivision
                               Improvement Variance Procedure                                         13


                               Zone Change Procedure                                                  14



















                       This Manual of Procedures for Government of
                        Guam Permits is intended for Government of
                         Guam personnel who   *are responsible for
                         processing and coordinating permit appli-
                          cations.  Users of this Manual are en-
                         couraged to supplement these procedures
                            with other references and data which
                              are helpful in permit processing.



                         The Manual will be periodically updated as
                         procedures are revised or as new permits
                         are required by the Government of Guam.













                                                                            BUILDING OFFICIAL

                                            Submit
                                          application                           PUBLIC WORKS
           APPLICANT                          and
                                   Ems=  attachments           -------- PIP




                                                                           Review application for completeness
                                                                          Transmit application to agencies for r4




                                        - ----------



                               Land Management                 Public Utility Agency               Public Works
                                                                     of Guam                           Architectura
                             Guam Power Authority                                                      Structural
                                                              Guam Environmental                       Mechanical
                           Guam Telephone Authority             Protection Agency                      Plumbing
                                                                                                       Hydraulics




                                                                                                                 A


                                                        BUILDING OFFICIAL


             SUILVIINQ PURMIT                               PUBLIC WORKS
                                                                                                                 DI
        GINGLE FAMILY DWELUNG                                                                                    wit
                                                                                                                 for

         MANUAL or PROCEDURES
          GOVERNMENT or GUAM
          BUREAU OF PLANNING











                                                                   BUILDING OFFICIAL
          APPLICANT                  Submit
                                   application                         PUBLJC WOR          KS
                                    and fees












                                                                                               ---------- -----
                                                                                                        +
                                (if necessary)                        Land Management              Public Works
                              Police Department                    Guam Power Authority
                              Fire Department                    Guam Telephone Authority            Architectural
                              Public Health and                 Public Utility Agency of Guam        Structural
                              Social Services                 Environmental Protection Agency        Mechanical
                             Parks & Recreation                                I                     Plumbing
                         US Army Corps of Engineers                                                  Electrical
                                                                                                     Hydraulics
                                                                                                     Highways






                                                             BUILDING         OFFICIAL

                                                                PUBLIC        WORKS                 @EITHER



          BUILDING PERMIT
        ALL 8TRUCTURE111111 EXCEPT
         OINGLE FAMILY DVMLUNG


         MANUAL OF PROCEDURES
          GOVERNMENT OF GUAM
            Bureau of Planning















                                                                         BUILDING OFFICIAL
           APPLICANT                        Rio
                                . . . . . .application
                                            and                             PUBLIC WORKS
                                           plans




                                      Consult with Building Official
                                      Pay tiling fees                  Review application for completeness


                  -- ----------              ---------
                                F
           Incomplete         Cojplete
           application       application


                                        Land Management
                                             for clearance


                                        Guam Environmental Protection Agency
                                             for clearance (may require an
                                             Erosion Control Plan)




                                                                BUILDING OFFICIAL
         GRADING AND CLEARING                                      PUBLIC WORKS
                  PERMIT


         MANUAL or PROCEDURES
          GOVERNMENT OF GUAM
            Bureau Of Planning










                                                                                                      Incomplete
                                                                                                      Return to Applic


                                                                            LAND


                                    Submit
           APPLICANT              application                       -MANAGEMENT
                                     and
                                  supporting
                                  document
                                             '13
                                             1
                                  (20 copies)
                                                J_F
                          Submit cadastral map of      basic lot     Review application for
                              and subdivided lots                    completeness                    Complete       Rev
                          Submit engineering plans    for
                              infrastructure improvements                                 Review application        Rev
                          Pay fIllng fee                                          Send application to SDRC:
                                                                               Schedule Applicant for SORC          OP4
                                                                                 Conduct field investigation
                                                                               Report findings and recom-           Fo
                                                                                        mendations to SDRC


              EITHER                                ---------------------------

                Recommend mom                                                            APPROVAL
                                                                                         of Tentative
                   disapproval                TERRITORIAL                                Subdivision Map

           W
                Recommend                      PLANNING                                  DISAPPROVAL
                   approval

                Table for changes.            COMMISSION
                   additional infor-
                   motion, or differ-                                                    TABLE
                   ent application                                   F1                  for changes or addi-
          TENTATIVE AND FINAL                Review application, reports                 tional information
            SUDDII'VISION MAP                   and recommendation
                APPROVAL                     Open meeting with Applicant
              (Pago I of 2)                  Executive session for dis-
                                                cussion and decision
         MANUAL OF PROCEDURES
          COVERNMENT or GUAM
           Bureau of Planning











                                                                                                       Poet bond In
                                                                                                            improveme
                                                                                                           tified by P



            .......... (FROM PREVIOUS PAGE)            APPLICANT         ............ . ......    EITHER / OR
                                                 Complete Improvement plans                                        i
                                                 Obtain approvol signatures from                                  V
                                                     from GEPA, GPA, GTA, PUAG,
                                                     and DPW                                           Obtain Buildin
                                                                                                       Construct per
                                                                                                       Obtain Letter
                                                                                                           ceptance
              APPLICANT -4            ---------------------------------------------------------------------

              File Final Subdivision Approval
                 applicotion. maps and
                 supporting documents

                                                                                                                  Oman
                     +
                                                    Incomplete
                                                        application                     TERRITORIAL
                   LAND
            MANAGEMENT                              Complete application anasawaso.      PLANNING
                                              Schedule Applicant for TPC                COMMISSION
                                                  Review application
                                              Prepare recommendation


              Review for completeness
                                                                                    Review application, reports
          TENTATIVE AND FINAL                                                           and recommendation
            ousoMBION MAP                                                           Open meeting with Applicant
                APPROVAL                                                                and public
                                                                                                                  -T





















              (page 2 of 2)                                                         Executive session for dis-
                                                                                        cussion and decision
        MANUAL OF PROCEDURES
         GOVERNMENT OF GUAM
           Bureau of Planning
                                      I










                                                                                                      Incomplete
                                                                                                      Return to Applic


                                                                             LAND

                                      Submit                         MANAGEMENT
           APPLICANT                application
                                      and
                                  supporting
                                   documents
                                  (20 copies)



                                                                                                                      Rev
                                Pay fee for processing                Review application for          Complete
                                Pay charge, for publication                completeness
                                 of public hearing notice                                     Send copy of apPlicQUO
                                                                                                 to each SDRC mernt
                                                                                              Review application
                                                                                              Schedule Applicant for
                                                                                              Field Inspection and rep
                                                                                              Recommendation for SID


              EITHER                          memo memo =am &memo=                                                411111211101011



                 Recommend                                                              TERRITORIAL
                   disapproval
                                                     LAND                                 SEASHORE
                 Recommend                    MANAGEMENT
                   approval                                                              PROTECTION


                 Table for changes                                                         0 MISSION
                   or additional
                   information


         TERRITORIAL SEA311-10RE           Publish notice of public hearing           Review application, reports an
                                           Conduct public hearing                      Open meeting with Applicant
                  PERMIT                   Formulate report for TSPC                   Executive session for discuss;
         14ANUAL OF PROCLIDURES            Schedule Applicant for TSPC
          GOVERNMENT OF GUAM
           Bureau of Planning










                                                                                                     Incomplete
                                                                                                     Return to Applic


                                                                            LAND

                                    Submit                           MANAGEMENT'
           APPLICANT              application
                                     and
                                   upporting
                                  documents
                                  (2-0 copies)

                                                                  Review application for                           Rev
                                Submit tentative plan                 complatenees                   Complete
                                Submit performance bond
                                  (if required)                                        Review application and supp
                                                                                          documents
                                                                                       Conduct field Inveetigation
                                                                                       Coordinate with other agenci
                                                                                          (GEPA, PUAG, DoAG, DPW,
                                                                                       Report findings and recomm
                                                                                          to SDRC
           r  EITHER
           i                                                                            APPROVAL          ......
                Recommend
                  disapproval
           W                                  TERRITORIAL

           W
                Recommend                      PLANNING                                 CONDITIONAL.
                  approval                                                              APPROVAL
                Table for changes             COMMISSION
                  or additional                                                         TABLE
                  information                                                           for additional
                                            Review application.  reports                inf ormation
             WIETLAND4 PMUIT                   and SDRC recommendation
                (page I of 2)                                                           DISAPPROVAL

        MANUAL OF PROCEDURES
          GOVERNMENT OF GUAM
           Bureau of Planning










                                                                                    DISAPPROVA


                                                   GUAM
                                               OPERATIONS
         ...... (FROM PREvious PAGE)              OFFICE                            APPROVAL an
                                                                                       of US ACOE Pe

                                                 US ACOE


                                                                                               y

                                             For appropricts US ACOE Permit
                                                                                           PUBLIC


                                                                                           WORKS



                                               Construction not completed
                                               Applicant required to restore natural
          APPLICANT                               appearance and biological char-
                                                  acter of the project area             Issuance of We
        For construction, per
          approved Permit



                                                                      PUBLIC

                                               Construction
                                                 completed             WORKS






           VMTLANDS PERMIT

             (page 2 of 2)
                                                            N @S





         MANUAL OF PROCEDURES
          GOVERNMENT OF GUAM
           Bureau of Planning















                                                                             PUBLIC

            APPLICANT                 FIle                                   WORKS
                            ......  tentative
                                    plan and
                                   supporting
                                  documents



                            Consult with Land Management            Review tentative plan and other
                               regarding requirements                  supporting documents
                            Verify that proposed project is         Conduct field investigation
                               in Flood Hazard Area                 Coordinate with other agencies
                            Submit performance bond                    (GEPA, PUAG. DOAg, Land Mgt.,
                                                                       and DPH&SS)

                  AS REQUIRED                          ----                                             ------
                   GEPA                                    -10110. DISAPPROVAL

                   PUAG
                   DOAg                "PlICANT                   APPROVAL
                                       Apply for other            Issue Building Permit
                   Land                    permits and               by Public Works
                                           clearances,            Construction, per permit
                   Management              or, required
                   DPW
                                                                                     Construction
                   U5 ACOE                                                              completed
          FLOOD HAZARD AREA                       Construction not completed                             Lo
                                            go]


























                                                  Applicant required to
                 PERMIT                              restore natural appearance
                                                     and biological character
                                                     to area

         MANUAL OF PROCEDURES
          GOVERNMENT OF GUAM
            BureaLi of Planning     I










                                              rj

                                                 us                                                    GUAM
                                               ACOE                                              OPERATIONS
                                                                                                     OFFICE

                                              Form
                                               4345                                                 US ACOE


                                                                           APPROVAL              Acknowledge receipt
                                                                                                 Process application
                                                                                                 Issue publI4@ notice
           APPLICANT                                                             OR              Review application
                                                                                                 Obtain comments f
                                                                                                    agencies. organiz
                                                                         DISAPPROVAL             Conduct public hea
                                                                                                 Evaluate factors
                                                                                                    *conservation
                                                                                                    *economics
                                             TERRITORIAL                                            *oesthetics
                                                                                                    4-onvironmental c
                                                                                                    *fish and wildlife
                              L...             SEASHORE                                             *flood damage P
                                                                                                    *welfare of the g
                                                                                                    *historic values
                                                 PERMIT                                             *recreation
                                                                                                    *land use
                                                                                                    *water supply
                                                                                                    -Pwater quality
                                                                                                    *navigation
                                            See Territorial Seashore                                *energy needs
                US AR1601Y                  Permit Procedure                                        *Safety
          CORPS OF ENC31HEERS                                                                       ofood protection
                  PERLOT
              (page I of 2)

         MANUAL or PROCEDURES
          GOVERNMENT OF GUAM
            Bureau of Planning











                                                        GOVERNOR OF
          ........ (FROM PREVIOUS PAGE)   ...... 00            GUAM


                                                                                                       GUAM
                                                        Clearinghouse Review                     OPERATIONS
                                                                   I                                   OFFICE
                                                                                                    US ACOE


                                        Bureau of Planning
                                          Review and coordinate
                                          comments


                                                                                                                 APPF
                                        Department   of Parks and      =oil                                      Applica
                                          Recreation                                                             returns
                                                                                                                 with fe




                                        Guam Environmental
                                          Protection Agency
                                                                                                                 DISA
                                                                                                                 with re
                                        Department of                  SWISS                                     possibl
                                          Agriculture                                                            as Oita
                                                                                                                 or for
                                                                                                                 to orig

                                        Other appropriate
                                          agencies

                   US ARMY
            CORPS OF E040INMRS
                    PERMIT
                (page 2 of 2)

           MANUAL OF PROCEDURES
            GOVERNMENT OF GUAM
             Bureau of PlannIng










                                                                                                       Incomplete
                                   17-                                                                 Return to Applic

                                                                             LAND


                                     Submit
           APPLICANT               application                        MANAGEMENT
                                      and
                                  supporting
                                   documents
                                  (20 copies)



                                                                       Review application for
                                Pay fee for processing                     completeness
                                Pay charge for publication
                                    notice of public hearing
                                    (if necessary)






              EITHER
           r
           i                                                                        ==R.                   APPROV/
           I     Public Hearing is not                                                                     and file with
                    necessary                                 TERRITORIAL                                  Building OffT
                 Prepare recommendation
                                                               PLANNING                                    DISAPPR

                 Public Hearing is                             COMMISSION
                 Cc necessary              we@awj
                   nduct public hearing
                 Prepore recommandotion                                                                    TABLE
                                                                                                           for additiono
                                                                                                           information


             CONDITIONAL USE                               Review application. reports and recommendations
                                                           Open meeting with Applicant and public
                                                           Executive session for discussion and decision
                                                 F-0-








             UAL 0
       [M@AN,F PROCEDURES
          GOVERNMENT or GUAM
                au
           Bureau of Planniling










                                                                                        Incomplete
                                                                                        Return to Applic


                                                                  LAND


                               Submit
          APPLICANT           application                   MANAGEMENT
                                and                                                  --4
                              supporting
                              documents
                              (20 copies) jj-
                                                                                          +         Re
                            Pay fee for processing          Review application for      Complete
                            Prepare letter of juetification      completeness
                                                                                Send copy of applicatio
                                                                                    to each SDRO men
                                                                                Review application
                                                                                Schedule Applicant for
                                                                                Fisid Inspection and re
                                                                                Recommendation for S
         r  EITHER                     mgmlm mmgmsm gm,mom                            mememememsm Imams

              Recommend mom
                disapproval I                                                TERRITORIAL
                              i              LAND
              Recommend,.,.AL...                                              PLANNING
                approval               MANAGEMENT

                                                                                 MMISSION
         I    Table for changes
                or additional
                information


          ZONE  VARIANCE &
      SUBDIVISION IMPROVEIMENT        Publish notice of public hearing    Review application, reports an
              VARIANCE                    (if necessary)                  Open meeting with Applicant
                                      Conduct public hearing              Executive session for discussi
                                          (if necessary)
       MANUAL OF PROCEDURES           Formulate report for TPC
        GOVERNMENT or GUAM            Schedule Applicant for TPC
          Burvau of Planning










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                                                  DISAPPROVAL




          ............. (FROM PREVIOUS PAGE)      TABLE
                                                  for chonges or
                                                  additional information


                                                                               GOVERNOR
                                                  APPROVAL     .........







                                                                   AP P ROVAL





                 LAND
           MANAGEMENT                              LEGISLATURE



                Recordation


          ZONE CHAME

          (page 2 of 2)

      MANUAL OF PROCEDURES
       GOVERNMENT OF GUAM
        13urocu of Planning















               .APPENDIX G



PERMIT, INSPECTION AND ENFORCEMENT FORMS








j











           TO: BUILDING PEFMIT APPLICANT


           The issuance of a building permit shall not relieve any person(s) from
           fully complying with the requirement of the provisions Of the Building
           Law. Upon notification from  the Permit Holder or his Ag*ntq the Building
           Official shall inspect or cause to be inspected from time to time during
           progress of the work thereon, all building structures for work on which
             building permit has been issued and is outstanding.


           A. REQUIRED-INSPECTIONS,
                 Reinforcing steel or structural framework of any part of any building

                 or structure shall not be covered or concealed without first obtaining
                 the approval of the Building Official.

                      1. FOUNDATION INSPECTION:

                              To be made after trenches are excavated. formserected

                              and reinforcing steel are in place.

                      2. FLOOR SLAB INSPECTION:

                              To be made after compaction of slab, plumbing and electri-

                              cal rough-in are in place and placement-of polythelene

                              sheet and mesh wire are complete.

                      3. WALL INSPECTION:

                              To be made after 41-00 high of cmu wall and ties are in place.

                      4. ROOF SLAB INSPECTION:

                              To be made after shorings and forms erectedg reinforcing steel,

                              plumbing and electrical rough-in are in place.


         Government of Guam P.O. Box 2950 Agana, Guam 96910










                   5. FRAME INSPECTION:
                            To be made after the roof, all framing, fire-blocking, and
                            bracing are in place and all pipe vents are complete.


                   6. LATH  AND/OR WALLBOARD INSPECTION:

                            To be made after all lathing and/or wallboard. interior and

                            exterior, are in place. but before any plastering is applied

                            or before wallboard joints and fasteners are taped and finished.

                   7. FINAL INSPECTION:

                            To be made after building is completed and ready for occupancy.

          It shall be the responsibility of the permit holder or his agent to notify the
          Division of Building Permits & Inspection and request for inspection at least
          twenty-four (24) hours in advance.


                                                             JESUS Q. NINETE, SR.
                                                             BUILDING OFFICIAL






          APPROVED BY:




          WILLIAM B.S.M. FLORES, P.E.
          Chief of Engineering -CIP's


          CONCURRED BY:
          CARL J.C. AGUON     
          Director
 





        public works
                    Go.trnmeni of Guam




  ')IVISION OF BUILDING PERMITS & INSPECTION
  'APPLICATION AND PERMIT FOR CLEARING & GRADING

  "Ormit Number

                      Location                           Eno. &ON$ Report              Est. ouentity        hrmh Fee           Fee Received

                                   Block     Lot              Dole Filed:             Exilev. Cv. Y.D.


                                                                                        FiN Cu. Y.D.
                                                                                                                            Date:

  Located at


  Lot Area                             Sq. Ft.                               Acrers        Overall Dirriensloon


                         Fill Material
  Description of Soil
                         Existing Ground

  'Estimated Sterling Date                                    19 - Estimated Completion Date                                       -19-


  Remarks:





  Owner                                                       Address                                               Phom -

  Engineer                                                    Add rm                                                Phone


  Contractor                                                  Address                                               Phww -


  ,Date of Application                                        19 - Applkwit


    Application Revised By                                                                             Date                            19
    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 Chapter 70 of the U.B.C. No burning allowed on site unless a burning permit h;s been issued by
    the Fire Department.
    Remarks:










                                                                                       Issued by:

                                                                                                           JESUS Q. NINETE, SR.
                                                                                                                           No      aceff
                                                                                                                        M
























































                                                                                                           Building Official Dept. of Public Works





    Department of Land Management                    Guam Power Audwity,               Guam Environmental Proteelon Agency





                                                                                                                           WLDING $AMY
                                                                                                                            4 NO ACUMM


          PU         Ic
                       Goverment.of Guam



      DIVISION OF BUILDING PERMITS AND INSPECTIONS
      BUILDING INSPECTION SCHEDULE




      Owner-                                                                  Building Perr,it No.

      Contractor                                                              Group /Type

      Location &Lot No.

      Schedule Date                           Time                                Date in                         Received by


                    BUILDING                                           ELECTRICAL                                    PLUMBING

      Pouring Footing                                      Rough-in                                      Rough-in
      Floor Slab                                           Finished                                      Finished
      Roof Slab                                            Facilities                                    Facilities
      Walls                                                Service                                       Service
      Frame                                                Other                                         Other
      Relocation

      Other


      Remarks: Explain clearly, the work requiring inspection.





      Inspector                                      Inspector                                         Inspector

      Date & Time:                                   Date & Time.                                      Date& Time:





                                                                                  R.M.E. of Contractor/owner

      ENDORSEMENT BY GOVERNMENT INSPECTOR
      I, certify that all work  = has been cart ied                   has not been out in complaince with the Building Lw4v. Government of
      Guam Standards and Projects plans and Specifications.


      Building Inspector                               Date                          F-1      Approved                 F-1     Disapproved
      Electrical Inspector                             Date                          F-1      Approved                 0        Disapproved
      Plumbing Inspector                               Date                          F-1      Approved                 F@       Disapproved

      INSTRUCTIONS
      4JJ_J@Vaj                                                                                                            M











      This form is to be prepared in three (3) copies, at the building permit reception counter, at least 24 hours in advance.


      1. OFFICE COPY - WHITE
      2. OWNERS COPY RETURN TO OFFICE - YELLOW
      3. OWNER'S COPY - PINK






                                                                       q                                                                                                             WLDVPQ I^Fgry
                                                                       NIi                                                                                                           S NO ACC06M
                                      pubk
                                                    .0            of asep"



                             APPLICATION FOR PERM17 & PLAN REVIEW
                             DIVISION OF BUILDING PERMITS                                                                                 Appl,cst,on Numbev
                             IMPORTANT: Applicant must complete all items in sections 1, 11. 111, IV                                     permit hfumbor@._

                             1.       LOCATION OF BUILDING

                                      Location                                                                (street)                                                          Zan-no Dist, M1
                                      Between                                                                                        and
                                                                                                                                                                             li;'Oss 51,04t)
                                      Subdivision                                                                                              Block _.- Lot Site


                             IL TYPE AND COST OF BUILDING
                                      A. Type of Building                                     Group Occupancy                                Type of Construction                              Foundsio-on
                                      0 Now Bu,ldino                           Retaining Wait                              r,', Repair
                                      0 froundation Only                    0 other                                        0 Demolished
                                      0 Shelf Drily                         0 Add                                          0 Reconstructed                              Dimension of Building
                                      0 Fencir Well                         0 Alto,                                        0 Relocated


                                      B. Ownership
                                      0Private findividual, corporation, non-profit institution. etc.)                     1) Public IFederal. State. or Local Goverrunent)

                                      C. COST                                                                       Nonritsititntial - Describe in darlail proposed Lao of buildings. e.g.. food proaming
                                                                                                                    machine shop, laundry building at hospital. elementary school..secondery school,
                                      Cost of Improvements      ...............                                     college, parochial school, parking garage for department store, rentaloffice buildinL
                                                                                                                    office building at industrial plant. If we of existing building, is being changed, enter
                                      electrical .........................                                          proposed use.
                                      plumbing   .........................
                                      boating, air conditioning   .............
                                      other 11010vate" *it.)   ................




                                      TOTAL COST OF IMPROVEMENT                       S

                                      0. PROPOSED USE - (For "Wracking" most recent use)
                                      RMNIW"iw                                                                               Non-Rowdsortial                               0 O"Ne. bark. professional
                                      D One family                                                                           D Amusement. Rachaefronal                     0 Public utility
                                      0 Two a, more families                0 C.,.p                                          0 Ckrah. other ftliests.                      [3 3 1 - .4itraiviry. rathen oducallosail
                                      Enter, No. of Units -_                ormpon                                           0 industrial                                  0 Staxes. mancefflas
                                      0 Transiom hotql. motel,              0 other Ispocityl                                0 Park ing gersee                             C Tanks. lower,
                                      or dii-tory -                                                                          0 Service station. riessair geriage           0 Other lopeacityl
                                      Enter No. of Units                                                                     0 Hospital. institutional
                                      III. SELECTED CHARACTERISTICS OF BUILDING                             for now buildings and lidditarts, complete Pons E - K. for set ingpomphrivionlyllarsffaran
                                                                                                            91hon; Ohio to IV.
                                      E. Principal Type of Frame                                                                F. Type of Sewage Disposal                   G. Type of Mechlinjoill
                                      0 Masonry Iwall beating)              0 Reinforced concrete                               0 PhIc S,.,                                  00
                                      0 Wood firame                         0 Other Ispecify)                                   C3 P-ato iwptc tank. etc.)                   Yes No       Central Air Condlit*
                                                                                                                                                                             00
                                      0 Structural Wiwi                                                                                                                      Yes No       Will therre be on ishivistoo?
                                      H. Type of Water Supply                         Total sq-,* feet of floor irivs.          J. Number of Off-street                      K. Residential Buildings Only
                                      0 Public Supply                                 all floors. based on                         Parking Spaces                            Number of bedrooms
                                      0 private 4well. cistern)                       exterior dimensions                       Enclauld                                     gum,. of I Full
                                      1. Dimensions                                   Total (and area. sq. ft.                  Outdoors                                     Both             Partial
                                      r
                                      Number of storms


                                      IV. IDENTIFICATION
                                                                  Name                                    Mading Address - Nu@oor. street, city. and state                           ZIP code          Telephone


                                      Owner or
                                      Loasair



                                      contractor



                                      Architect OF



                                      The owner of this building and the undersigned agree to conform to all applicabld low; of this jurouioction




                                      Applicants s.9-t-                                                     A00,45%                                                        Aosi;.C,it.o. date:







                                                                                                                                                             6 NO ACCJD6NT
                                      Ptiblic works
                                                   Goverm"oni of Guam



                                 APPLICATION FOR BUILDING PERMIT & PLAN REVIEW                                              Applcatsoti Naptis-sirt
                                 DIVISION OF BUILDING PERMITS, SUBDIVISION & INSPECTION                                   . Permit Fisir"botp
                                                                          TO BE FILLED OUT BY BUILDING PERMIT STAFF ONLY

                                 V. PLAN REVIEW RECORD

                                 Plans Review Required        Date Plant Stoned Date Plans Approved                                     Com rito
                                 Architectural



                                 Structural



                                 Mechanical/Plumbing



                                 Electrical



                                 Hydraulics/Civil



                                 Highway Encroachment

                                 Rights of We y
                                 Traffic Engineering


                                 VI. ZONING PLAN EXAMINATION RECORD

                                 District

                                 use

                                 Front Yard

                                 Side Yard                                                       Skk Yard

                                 Floor Yore

                                 Notes







                                 VII. APPROVAL BY OTHER AGENCIES (Route as Indicated)

                                              Agency                     Dal*                   Sioriaturs                                     Com No


                                 Land Management, Zone


                                 Contractor's License Board


                                 Public H"Ith


                                 E.P.A.


                                 Public Utilities


                                 Guam Power- Authority


                                 Fire Prevention Bureau


                                 Guorn Telephone Authority


                                 GHURA

                             Permission is hereby given to the above work according to conditions hereon and according to approved plans and specifica
                             tions pertaining thereto, subject to compliance with the Uniform Building Code and Governrnant Code of Guam.

                                 VIIL VALIDATION


                                 Building Permit Number                                                     Approved Valuation:

                                 Building Permit Issued                                     '19-                Plan Checking foe                                   Rec'd
                                 Approved By:                                                                 Building Permit fit@

                                 Title:                                       Do":                                            Total




                                    oil,






                                           BUILDING PERMITS   INSPECTION

                                    CERTIFICATION OF PERMIT CONDITION COMPLIANCE


                OWNER                                         ADDRESS

                USE OF BUILDING                              PERMIT NUMBER

                CONTRACTOR                                   LICENSE NUMBER

                Agencies indicated (checkedz7) below must certify that the finished construction
                complies with that agency's prestated permit conditions.   Certifications by all agen-

                cies indicated must be acquired before an occupancy permit can be issued by Depart-

                ment of Public Works or before resumption of occupancy can be allowed.






                                      AGENCY                          DATE       AUTHORIZED SIGNATURE


                   L7 Oepartment of Land Management
                                                                  1

                   47 Public Health & Social Services

                   L7Guam Environmental Protection Agency

                   Z7 Public Utility Agency of Guam

                   Lr    Guam Power Authority

                   Z7    Department of Public Safety

                   Z7    Fire Prevention Bureau


                         Guam Telephone Authority


                   tZ7










                  Government of Guam P.O. Box 2950 Agana, Guam 96910







                                                                                                                       muRam SAPWIT
                                                                                                                        4 NO ACCWGW





         OFFICE OF BUILDING PERMITS & INSPECTION


                                             TERRITORY OF GUAM

                                                     BUILDING PERMIT
                                    CERTIFICATE OF OCCUPANCY

         THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION 31033, BUILDING LAW,
         TITLE XXXII, GEVERNMENT CODE OF GUAM CERTIFYING THAT AT THE TIME OF ISSUANCE THIS
         STRUCTURE WAS IN COMPLIANCE WITH THE VARIOUS CODES REGULATING BUILDING
         CONSTRUCTION OR USE.

                                                 DATE                             It - PERMIT NO.
       Applicant             (ContrWor)                      Address    [No.)          (street)                         (Contes License)
                                                                                                  Nuffaw of
       Perndt To     tType of Irnprovirrent)             Story        (Proposed Use)    - Dwelling Units
                                                                                                           Zonin
                                                                                                               .9
       At ( Location                                                                                      District
                              (No.)
       Between                                                             And
                                   tcross Stre*tj                                                              Kross Stmet)
       Tract    No.                                          Lot                                 block
       Wkfing is to be                    Ft. Wide By                 Ft. Long By                 Ft. in H*igM And Skmll Conform In Construction

       To Tpe                            Uso, Group                        Basement Wells Or Foundation

       Rernarks:



       Area or
       volurne


       Ownw
                              (54nature)
                                                             -          sullang Official
                               (Addrem)
                                                                                                    JESUS 0. NINETE. SOL

















































































                                                                                               i






                                                                          1118111111110
                                                                         71 3 6668 14109 3601 @