Guam § 60401 - Guam Land Use Commission.

§ 60401. Guam Land Use Commission.

(a) There is within the government of Guam the Guam Land

Use Commission (Commission). The Commission shall be

composed of five (5) members to be appointed by I Maga’låhi (the

Governor) by and with the advice and consent of I Liheslatura (the

Legislature) for a period of five (5) years; provided, however, that

of the five (5) members first appointed, one (1) member shall

serve for a term of one (1) year, two (2) members shall serve for

terms of three (3) years each, and the remaining two (2) members

shall serve for terms of five (5) years each, as designated by I

Maga’låhi. Quorum shall require the presence of three (3)

members.

(b) When, pursuant to this Act, a Hybrid Commission is to

be empaneled, four (4) additional members shall be seated as part

of the Guam Land Use Commission, and designated as

“Municipal Commissioners” (MCs).

(1) MCs shall be appointed on an ad hoc basis as

determined by the location of a land use application

submitted pursuant to Chapter 61 of Title 21, Guam Code

Annotated, and in accordance with the following guidelines:

(A) The first (1st) Municipal Commissioner shall

be the Mayor of the respective municipality where the

land use action will occur.

(B) The second (2nd), third (3rd), and fourth (4th)

Municipal Commissioners, who shall be elected Mayors

or Vice-Mayors, shall be appointed by the President of

the Mayors Council, with the recommendation of the

first (1st) Municipal Commissioner.

(2) The term of the Municipal Commissioners shall

terminate when final disposition of the land use project or

application for which the Hybrid Commission was

empaneled has been completed.”

(3) Quorum under an empaneled Hybrid Commission

shall be five (5) members.

(c) Votes Needed for Approval.

(1) When a Hybrid Commission is empaneled, a total of

five (5) affirmative votes is required for the approval of any

Commission action for any decision in any land use matter;

except summary zone change applications.

(2) Otherwise, when a Hybrid Commission is not

empaneled, a total of three (3) affirmative votes is required

for the approval of any Commission action for any decision

in any zoning matter, change or variance; except summary

zone change applications.

(d) Empanelment of a Hybrid Commission. A Hybrid

Commission shall be empaneled for projects or applications

projected to have a development cost, exclusive of the cost of the

subject real property, of more than Three Million Dollars

($3,000,000).