Guam § 5306 - Approval of Subdivision Plans.

§ 5306. Approval of Subdivision Plans.

(a) The Authority shall prepare or cause to be prepared subdivision

plans and may utilize for this purpose the assistance and cooperation of

any agency, public or private. Prior to its adoption of a subdivision plan,

the Authority shall submit such plan to the Territorial Land Use

Commission for review as to its conformity with the "Comprehensive

Development Plan and Community Design Plan" and 21 GCA Chapter

62 [Subdivision Law] and shall issue a decision within thirty (30) days

after receipt of a proposed subdivision plan from the Authority. The

Land Use Commission shall submit its review and decision with respect

to the proposed subdivision plan to the Authority for action. Upon

approval of the plan by the Territorial Land Use Commission, the

Authority may proceed with the public hearing prescribed by Subsection

(b) of this Section.

(b) The Authority shall hold a public hearing on a proposed

subdivision plan after public notice thereof. The notice shall describe the

hour, date, place and purpose of the hearing, shall generally identify the

subdivision area covered by the plan and shall outline the general scope

of the proposed subdivision plan. The notice shall be published at least

once a week for not less than two (2) successive weeks immediately prior

to the date of the hearing, the first publication to be not less than ten (10)

days prior to the date of the hearing, in at least once in a newspaper of

general circulation in the community or locality in which the subdivision

is situated, or, if there be no such newspaper, be posted in at least three

(3) public places in the community or locality for not less than ten (10)

days immediately prior to the date of the hearing. In the computation of

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the period of publication or posting, both the day of the first publication

or posting and the day of the hearing shall be included.

(c) Within sixty (60) days after conclusion of the public hearing

prescribed by Subsection (b) of this Section, the Authority shall consider

and act upon the proposed subdivision plan and may, by resolution,

adopt the subdivision plan.

(d) Within fifteen (15) days after the adoption of a subdivision plan

by the Authority, it shall transmit to the Legislature the following:

(1) a certified copy of the subdivision plan as adopted by the

Authority, if any;

(2) a summary report of the public hearing;

(3) a proposed financing plan for the plan to include estimated

costs of subdivision activities, estimated return from the lease of

project lands, and the proposed means of furnishing such local

grants-in-aid as may be required for the project; and

(4) a proposed relocation plan specifying a feasible method,

including temporary relocation measures proposed for the relocation

of families or single persons displaced as a result of the project in

decent, safe and sanitary houses within their financial means.

(e) The subdivision plan and the supporting documentation as listed

in Subsection (d) of this Section shall be submitted by the Authority to

the Legislature. The Legislature may approve or reject the same by

resolution adopted by majority vote, but if no action to approve of reject

the plan is taken by the Legislature within forty-five (45) calendar days

after receipt of the plan, it shall be deemed rejected. Approval of the plan

shall include findings that

(1) a feasible method has been found for the relocation of

families displaced from the subdivision area into decent, safe and

sanitary dwellings within their means and without undue hardship to

such families;

(2) the subdivision plan conforms to the Comprehensive Plan

for Guam; and

(3) the subdivision plan will afford maximum opportunity,

consistent with the sound needs of Guam for the rehabilitation or

redevelopment of the subdivision areas.

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If the subdivision plan is for a subdivision plan for which federal

financial aid is contemplated under the Housing Act of 1949, as

amended, the approval of the plan shall also include findings that federal

financial aid is necessary to enable the project to be undertaken in

accordance with the subdivision plan; and a determination and

recognition that certain contributions or local grants-in-aid on the part of

Guam, as determined in accordance with the Housing Act of 1949, as

amended, and other applicable law, will be required for the subdivision

plan.

(f) Upon approval of a subdivision plan by the Legislature, the

Authority shall authorize the undertaking of the plan by the Authority in

accordance with the subdivision plan.

(g) Upon the approval of a subdivision plan by the Legislature, the

provisions of the subdivision plan with respect to the future use and

building requirements applicable to the property covered by said plan

shall be controlling with respect thereto and shall have the force and

effect of law, and the Authority may thereafter carry out the plan.

(h) Any subdivision plan for an approved project shall be filed for

record in the Department of Land Management in such a manner as to

afford actual or constructive notice of the provisions of such plan.

Thereafter, reference in any instrument or document to the provisions of

such recorded plan and the recordation thereof shall be for all purposes

the same as though the referred to provisions were set forth in such

instrument or document.