21 GCA § 62108
General Requirements for Subdivisions
View official PDF ↗In all subdivisions presented for recording under this Chapter the subdivider shall:
(a)Not subdivide or develop land for any purpose contrary to the provisions of the Zoning law, Chapter 61 of this Title of the Guam Code Annotated.
(b)Cause every lot to abut a roadway right-of-way having a minimum width of forty (40) feet; provided, however, that in agricultural subdivisions and in parental subdivisions, every lot shall abut a roadway right-of-way having a minimum width of twenty (20) feet. COL 8/23/2023 CH. 62 SUBDIVISION LAW
(c)Except as may be provided for pursuant to §56111, Title 5, Guam Code Annotated, provide for the installation of power, 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, provide for the uniformity of street widths and alignment thereto with the streets of the subdivision, and for the continuation of existing street names.
(e)Provide for adequate light, air privacy on all lots regardless 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.
(h)In cases where public access is not already provided, dedicate land for public access by right-of-way for pedestrian travel from a public highway or public street to abutting lands below the high-water mark on any coastal shoreline, and to dedicate land for public access by right-of-way from a public highway or public street to abutting public lands in the hills and jungle so such lands shall be accessible for hiking, hunting, fruitpicking and other recreational purposes. The right-of-way shall be clearly designated on the final map of the subdivision or development upon the dedication of land for a right-of-way as required by this Subparagraph and acceptance by Guam, Guam shall thereafter assume the cost of improvements for and the maintenance of the right-of-way, and the subdivider shall accordingly be relieved from such costs.
§ The story of this section
- Amended by P.L. 10-157 (bill & sponsor pending — earlier Legislature not yet ingested)
- Enacted by P.L. 13-69 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 21-130 § 10 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 25-11 § 11 — introduced as Bill 159-25 · introduced by Marcel G. Camacho
Interpreted by the courts:
- 2008 Guam 19 — Kini B. Sananap, Iowana M. Sananap and the 40 Lot Owners (of 33 Lots) listed in Exhibit “1" to the First Amended Complai (2008) · per Robert J. Torres, J. · cited at ¶62
- 2009 Guam 15 — Orion and Julie Ann Mendiola, husband and wife, and Gemma De Guzman and Alejandro A. Austria, husband and wife, Plaintif (2009) · per F. Philip Carbullido, J. · cited at ¶23
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.