TITLE TWENTY-EIGHT Property
Chapter 34. Solar and Wind Energy System Law
28 V.I.C. § 1001 et seq.
(2007)
§ 1001. Short
title
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
§
1003. Definitions
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
regulations
(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.