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: COL 8/23/2023 CH. 62 SUBDIVISION LAW

(a)Agricultural Subdivision shall mean a subdivision having no lots, parcels or sites smaller than ten thousand (10,000) square feet, except when located on top of the Northern Aquifer, the minimum ten thousand (10,000) square foot lot must be connected to a public or other EPA-approved sewer system, and in which all lots, parcels or sites are used principally for agriculture, single family resident sites or as an agriculture-homesite combination; except that the term Agricultural Subdivision shall include a subdivision resulting from distribution by the court pursuant to § 62104(a) or

(b)of this Chapter with no lots, parcels or sites smaller than ten thousand (10,000) square feet, with sewer connection or other EPA-certified sewage disposal only if located over the Northern Aquifer, and in which all lots, parcels or sites are used principally for agriculture, single family sites, or as an agricultural homestead combination

(b)Commission shall mean the Guam Land Use Commission.

(c)Easement shall mean a grant by the owner of land for a specified use or uses of said land to a person or persons, to the public 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 Engineering and Architectural Examiners or a person exempted under the provisions of said Title XLIII.

(e)Improvements shall mean any beneficial or valuable site additions 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 reservation 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 shall be dedicated to the government of Guam.) COL 8/23/2023 CH. 62 SUBDIVISION LAW

(g)Plan, General shall mean the general plan or plans for guiding the physical development 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 projects 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 subdivision map designed to be placed on record in the Land Records of the Department of Land Management.

(k)Reservation shall mean an area of land which the subdivider reserves free and clear of all structures for a future specified purpose.

(l)Resubdivision 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 or record, and shall include modifications to lot lines, the creation of one or more additional lots or any other 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 property 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 legal entity proceeding to effect a subdivision of land for himself or another. COL 8/23/2023 CH. 62 SUBDIVISION LAW

(r)Subdivision shall mean the division of any parcel of land into six

(6)or more lots. Subdivision shall include resubdivision 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, deed of gift, grant in gift or any other method of transferring title whether for renumeration or not and whether immediate or future.

(s)Subdivision, Lot Parcelling shall mean the division of a lot legally existing on the effect date of this Chapter into no more than five

(5)parcels. Lot parcelling of a lot shall include all methods of such action whether by sale, design, rent, lease, deed of gift, grant in gift or any other method of transferring title whether for renumeration or not and whether immediate or future.

(t)Surveyor shall mean a person who is registered pursuant to Title XLIII, Government Code of Guam, as a land surveyor, and holds a current certificate of registration issued by the Board of Engineering and Architectural Examiners or a person exempted under the provisions of said Title XLIII.

(u)Tentative Map shall mean a preliminary subdivision map of the purpose of showing the design of a proposed subdivision and the existing conditions in and around it.

(v)Guam Planner shall mean the Chief of Planning Division, Department of Land Management, Government of Guam.

(w)Guam Surveyor shall mean the person designated as the Guam Surveyor by the Director of Land Management.