Guam § 2110 - “Land Zoning Consideration Reports” Required for Land

§ 2110. “Land Zoning Consideration Reports” Required for Land

Zoning Legislation.

(a) Any bill that seeks to designate a particular zoning for any real

property shall not be placed on a legislative session agenda until a “Land

Zoning Consideration Report” has been issued by the Department of Land

Management.

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(b) The non-submission of a “Land Zoning Consideration Report” to

the appropriate Legislative Standing Committee shall not preclude the

Standing Committee from publicly hearing any bill, as provided in

Subsection (c), infra.

(1) Preparation of “Land Zoning Consideration Report.” A “Land

Zoning Consideration Report” shall be prepared by the Director of the

Department of Land Management, the Department’s Land Planning

Division and, if the proposed zoning of property in question is greater

than an R-2 designation zone, the head of the Department’s Application

Review Committee. The Report shall be prepared in consultation with

other permitting governmental departments and agencies, and the

property owner, as deemed necessary by the Department.

(2) Contents of “Land Zoning Consideration Report.” A “Land

Zoning Consideration Report” prepared in accordance with this Section

shall include:

(A) the recommendation of the Land Planning Division;

(B if applicable, the recommendation of the Application

Review Committee;

(C) a map of the subject property;

(D) a contact listing for the surrounding property owners, for

the purposes of notifying surrounding property owners of any

public hearings or other public discussions to be held in regards to

the zoning designation request;

(E) evidence of any consultation made, at the discretion of

the Department, with other permitting governmental departments

and agencies, and the property owner, in consideration and review

of the requested zoning designation; and the outcome of any such

consultation; and

(F) input from the Municipal Planning Council of each

municipal district to be affected by a proposed zone change.

(3) Timely Response for Submission of “Land Zoning

Consideration Report” or Waiver Granted. The Department of Land

Management shall provide to the requesting Standing Committee, the

“Land Zoning Consideration Report” no later than forty-five (45)

calendar days from receipt of the request for the report.

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(4) Other governmental departments and agencies or property

owners consulted by the Department shall provide their response to any

inquiries made by the Department with regard to the preparation of a

“Land Zoning Consideration Report” no later than thirty (30) calendar

days from the date of receipt of such inquiry.

(5) Should the Department need an extension for preparing the

report, the Department shall notify, in writing with justification, the

Chairperson of the requesting Standing Committee, who shall grant the

Department an extension for up to fifteen (15) calendar days. Such

notice must be received by the Chairperson of the requesting Standing

Committee prior to the last day of the original forty-five (45) day

timeframe granted.

(6) Should the Department fail to meet the deadlines imposed in

this Section, the requirements stipulated in this Section for the “Land

Zoning Consideration Report” shall be waived. This waiver does not

prohibit the Department from issuing a report at any time past their

deadline.

(d) Inclusion in Committee Report Required. The “Land Zoning

Consideration Report” shall be made a part of the Committee Report of

the Standing Committee reporting the bill out of Committee for

consideration by I Liheslatura (the Legislature); and shall accompany

the bill throughout its course of discussion, from public consideration,

to Floor debate, and through passage, if applicable.

(e) Revision of “Land Zoning Consideration Report”. In the event

that a zoning bill is amended or substituted while in Committee for

which a “Land Zoning Consideration Report” had been previously

obtained, and for which the change will have an additional impact from

that reported on the previously obtained report, the Standing Committee

with jurisdiction over the zoning bill shall obtain a “Revised Land

Zoning Consideration Report” following the same process outlined in

this Section, except that the Department of Land Management shall

submit the “Revised Land Zoning Consideration Report” no later than

thirty (30) calendar days from the date of receipt of the request for the

revised report.