Training and reference guide for building inspectors on zoning and land-use laws and regulations

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

Work Product NA89PA-D-CZ023.

TDANAINING AND REFERENCE

GUIDE FOR

BUILDING INSPECTORS

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

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

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

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.

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.

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

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

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.

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,

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

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 �Aty 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.

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

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

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

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

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..

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

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.

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.

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.

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

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

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

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

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

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.

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?

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?

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.

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

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

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.

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

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

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

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

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

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.

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.

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.

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

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

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

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

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:

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.

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

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

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

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.

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.

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?

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?

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

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.

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

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,

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

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

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

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).

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.

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

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.

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

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

13. What is wrong with this picture?

.. . ...... .

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

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...

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

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

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

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.

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?

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.

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,

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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.

"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

� 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.
� 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.

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.

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 � 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

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

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.]
� 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.)
� 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-

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.]

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 � 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

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).

� 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

(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®ating 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

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.

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 � 17430.

� 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.

� 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.

� 17429. Permit issued or denied. After such public hearing, if the
Territorial Planning Commission determines that the standards set forth
in � 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 � 17506 of this Title.

� 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 � 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 �� 17450-17453 renumbered to Chapter XI by P.L. 9-126, approved
January 29, 1968, effective March 29, 1968. New Chapter X, consisting
of �� 17425-17430, added by P.L. 9-126, approved January 29, 1968, ef-
fective March 29, 1968.]

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

� 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.
� 17502. Variance requirements.
S 17503. Variance application - form and contents.
� 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 �� 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

� 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 � 17203 of this Title. CEnacted 1952; Subsection (j) added by
P.L. 9-163, effective March 7, 1968.1

� 17501 (k). [� 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.]

� 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 � 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 � 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

� 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.]

� 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 � 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 � 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.]

� 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.
� 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

- � 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.]

� 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
� 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
� 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.
� 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.
� 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.

(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.

(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.

(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,
� building permit has been issued, no person who has obtained
� 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

� 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.
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(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

� 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

118

the Governor. [Enacted 1952; repealed and added by P.L. 6-134,
effective December 18, 1962.]

� 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.

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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 � 18300 of this Title. [Enacted 1952;
repealed and added by P.L. 6-134, effective December 18, 1962.]

� 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

� 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.]

� 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

120

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

� 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

� 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).
� 18207. Action on final map (Repealed).
182oa. Effective recordation of final map (Repealed).

� 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 � 182o4 of this Title. [Enacted 1952; repealed
and added by P.L. 6-134, effective December 18, 1962.1

� 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 � 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

� 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.]

� 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

� 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 � 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 � 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

� 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

� 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

� 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

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

APPENDIX E

DPW BUILDING PERMITS AND STANDARD
OPERATING PROCEDURES

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

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

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

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

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

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

1118111111110
71 3 6668 14109 3601 @