Guam § 62105 - Definitions.

§ 62105. 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:

(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 Commis-

sion.

(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.)

(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.

(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.