21 GCA § 612A04
Zoning Conversion. Compliance and Enforcement
View official PDF ↗(a)Any development undergoing zoning conversion under § 612A03(b)(3) and § 612A03(b)(4) shall adhere to all current environmental regulations, building codes, and urban planning guidelines.
(b)The Department of Land Management
(DLM)shall oversee the enforcement of zoning conversions to ensure compliance with all stipulated conditions and standards.
(c)Violations of zoning conversion regulations may result in penalties, including fines and revocation of conversion approvals.
(d)Applications for such zoning designations shall be expedited, and the Department must approve or deny an application within thirty
(30)days of submission.
(e)A Land Use Restriction Agreement
(LURA)executed pursuant to this Act shall require the property to remain restricted for affordable housing for a period of thirty
(30)years from the date of certificate of occupancy. The agreement shall be recorded with the Department of Land Management
(DLM)and shall include provisions for monitoring, enforcement, and penalties for early termination or non-compliance.
(f)Developments located over the Northern Guam Lens Aquifer
(NGLA)or within designated water resource protection areas shall be required to connect to an existing municipal sewer system, if available.
(1)Where municipal sewer infrastructure is not available:
(A)Only single-family detached dwellings shall be permitted to install advanced nitrogenreducing on-site wastewater disposal systems, provided such systems are approved by the Guam Environmental Protection Agency (GEPA), are located outside the Groundwater Protection Zone (GPZ), and meet all applicable siting, setback, and performance standards; and
(B)Multi-family housing projects, apartment buildings, and subdivisions shall be prohibited from using nitrogen-reducing on-site wastewater disposal systems within the NGLA or designated groundwater protection zones. These developments shall be required to connect to a public sewer system or otherwise demonstrate compliance with all GEPA requirements for wastewater infrastructure in sensitive recharge areas.
(2)The Department of Land Management (DLM), in coordination with GEPA, shall promulgate rules and enforcement schedules to ensure ongoing maintenance and compliance of said systems, including mandatory biennial inspections. Funding mechanisms may be identified by DLM for enforcement personnel to fulfill this mandate.
(3)All provisions of this subsection shall be subject to the land use management policy set forth in § 5101(c)(1)(B) of Chapter 5 GAR, the Guam Environmental Protection Agency Water Quality Standards, which states that high-density residential development - defined as more than one
(1)dwelling per one-half (½) acre should not occur within the Groundwater Protection Zone unless adequate public sewer service is available.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.