TITLE TWENTY-EIGHT Property
Chapter 34. Solar and Wind Energy System Law
28 V.I.C. § 1001 et seq. (2007)
§ 1001. Short
This act shall be cited as the "Solar and Wind Energy Systems Act".
§ 1002. Declaration of findings and policy
The Legislature of the Virgin Islands finds and declares that the prohibitive costs of electrical power and the increasing occurrences of electrical power outages in the Virgin Islands requires the Government of the United States Virgin Islands to pursue serious consideration of other energy sources. Further, the use of renewable energy sources, such as solar energy and wind energy, will help to reduce continuing dependency and reliance on depletable energy resources such as oil, natural gas, and coal. Therefore, the Legislature declares that it is in the public interest to develop and expand solar and wind energy systems to meet the present and future energy needs of the
As used in this chapter, the term "solar or wind energy system" means any system that converts, stores, collects, protects or distributes the kinetic energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating and cooling of buildings or other structures, and other similar purposes.
1004. Prohibited conveyances
(a) Any covenant, condition, or restriction contained in any deed, contract, mortgage, security instrument, or other instrument pertaining to a conveyance, sale or transfer of real property or interest therein which prohibits or unreasonably limits the installation or use of a solar or wind energy system shall be void and unenforceable.
(b) A covenant, condition or restriction shall be considered "unreasonable" for the purposes of this chapter if it significantly increases the cost and expense of the solar or wind energy system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a solar or wind energy system.
§ 1005. Energy
system height limitation
Notwithstanding the provisions of Title 29, chapter 3, Virgin Islands Code, a tower used in a solar or wind energy system may exceed the height limitation of the district in which it is located by no more than one hundred (100) feet.
1006. Easement for solar or wind energy system; rules and
(a) For a subdivision of land for which a preliminary plot or general subdivision plan, or any other plan or data is required pursuant to the provisions of Title 29, chapter 3, subchapter II, Virgin Islands Code, the Planning Director shall also require, as a condition of approval of such plan or plans, a dedication of easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight or wind across adjacent parcels or units in the subdivision.
(b) The Planning Director shall issue rules and regulations to effectuate the provisions of this chapter and shall include therein the following:
(1) Standards for determining the exact dimensions and locations of such easements;
(2) Restrictions on vegetation, buildings and other objects which could obstruct the passage of sunlight or wind through such easements;
(3) Terms or conditions, if any, under which an easement may be revised or terminated; and
(4) Considerations of cost, feasibility, contour, and configuration of the parcels or units to be subdivided.
(c) Such an easement shall not result in reducing allowable densities on any segment of a parcel or unit of a subdivision which may be occupied by a building or other structure already constructed, or presently under construction, on October 3, 1984.