USVI Public Records

(a) The Declaration of Housing Policy contained in the Housing Act of 1949 (Public Law 171, 81st Cong. 1st sess.), as amended, and its goals of a decent home and a suitable living environment for every American family expresses the sense of this Legislature and its concern with the public welfare and the economic health of our nation and of the Virgin Islands. (b) There exist in the Virgin Islands slum and blighted areas (as defined in this chapter), as well as substandard and inadequate housing conditions and a serious shortage of safe, sanitary and decent dwelling accommodations, in urban and rural areas, at rentals or prices which families of low income can afford to pay. (c) These slum and blight conditions, and the continuing shortage of decent housing for low-income families present problems of immediate and long-range governmental concern including low and falling property values; a constant threat of growth, choking off the orderly improvement and development of communities; the loss of property tax revenues; failure of community responsibility to itself and to its citizens; a danger to the endeavor of the Virgin Islands to develop industrial activity and to grow as a tourist attraction; continued crowding of low-income families into unsafe, insanitary, unhealthy dwellings and slum pockets; continued excessive expenditures for health protection and fire and crime control, all of which to the Virgin Islands, with its historic striving for the improvement of its people's lot, are intolerable. (d) That certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the areas by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that to the extent feasible salvable slum and blighted areas can be conserved and rehabilitated through appropriate public action and the cooperation and voluntary action of the owners and tenants of property in such areas. (e) The situation hereinabove enumerated can be corrected because the Virgin Islands, as a part of the United States, may share in the vast resources and the united effort of the nation. (f) These problems must be attacked by prompt and vigorous action in the interests of public safety, health and welfare. (g) The elimination and prevention of slums and blighted areas, the planning, undertaking and carrying out of urban renewal projects, and the provision of safe, sanitary and decent housing for low-income families in the Virgin Islands, and during periods of acute need for disaster victims and persons engaged in national defense activities, constitute public uses and public purposes, not competitive with private enterprise, are proper governmental functions, devoted to the health, welfare and safety of the people of the Virgin Islands, and that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and private property may be acquired, by eminent domain or otherwise. (h) The necessity in the public interest for the provisions enacted in this chapter is a matter of legislative determination. (i) The Virgin Islands joins in the national policy to promote the health, safety and welfare of its people by the elimination of slum and blight conditions, by the orderly redevelopment and renewal of communities, by proper planning of community development and by provision of safe, decent and sanitary dwellings for low-income families, through all available Federal and local governmental programs and through encouragement of private enterprise to participate in the common task of community improvement. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

(a) As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning- "Authority" for the purposes of this subchapter, and of subchapters VI, VII and VIII of this chapter, means either the Virgin Islands Housing Authority or the Virgin Islands Housing Finance Authority; for the purposes of subchapters II and III, "Authority" means the Virgin Islands Housing Authority; and for purposes of subchapter V, "Authority" means the Virgin Islands Housing Finance Authority: Provided, That in any event wherever in this chapter the context refers to urban renewal plans or projects, or any financial undertaking or other activity relating or incidental thereto, the term "Authority" shall be deemed to mean the "Virgin Islands Housing Finance Authority". "Federal Government" means the United States of America or any department, agency, or instrumentality, corporate or otherwise of the United States. "Government of the United States Virgin Islands" means the body politic established by the Revised Organic Act of the Virgin Islands. "Legislature" means the Legislature of the Virgin Islands. "Governor" means tRevised Organic ActVirgin Islands. "Area of operation" means the total geographical area comprising the Virgin Islands of the United States. "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open space, high density of population and overcrowding, or the existence of any conditions, which endanger life or property by fire or other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. "Blighted area" means an area (other than a slum area) which by reason of the presence of a substantial number of slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a community, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use: Provided, That if such blighted area consists of open land the conditions contained in the proviso in section 92(f) of this title shall apply; And provided further, That any disaster area referred to in section 94 of this title shall constitute a "blighted area." "Urban renewal area" means a slum area or a blighted area or a combination thereof which the Legislature designates as appropriate for an urban renewal project. "Locality" or "community" means any cohesive population area within the Virgin Islands, such as Charlotte Amalie at Saint Thomas, Christiansted or Frederiksted at Saint Croix, or Saint John, that would be commonly described as a city, town or village. "Housing project" means any work, or undertaking, or activity to provide decent, safe, and sanitary urban or rural dwellings, apartments and other living accommodations for families of low income. Such work, undertaking, or activity may include buildings, land, equipment, facilities, other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers and other sanitary facilities and services, water supply, utilities, parks, site preparation, landscaping and administrative, community, health, recreational, welfare and similar facilities and services. The term also extends to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the clearance of slum areas, the construction, reconstruction, alteration, or repair of the improvements, and all other work in connection therewith, as well as to all other real or personal property and tangible or intangible assets held or used in connection with the housing project. "Urban renewal project" means undertakings and activities in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include- (1) acquisition of a slum area or a blighted area or portion thereof; (2) demolition and removal of buildings and improvements; (3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements, necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan; (4) disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the Authority itself) at its fair value for uses in accordance with the urban renewal plan; (5) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and (6) acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities. "Project" means a housing project or an urban renewal project and extends to all properties, assets, cash, or other funds, used, received or held in connection with the development or operation or disposition of a project or any portion of a project. "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the general plan for the community or locality as a whole, except as provided in section 94 of this title; and (2) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. "Real property" or "land", unless restricted meaning is clearly indicated, means all lands, including improvements and fixtures thereon, and appurtenances thereto, or used in connection therewith, and every estate, interest, right, and use, legal or equitable, therein, including terms for years, and liens by way of mortgage, pledge, attachment, judgment, or otherwise. "Families of low income" or "low-income families" means individuals or families who are in the lowest income group in a community, who cannot afford to pay enough to cause private enterprise in their community to build an adequate supply of decent, safe and sanitary housing for their use. "Bonds" means all bonds (including refunding bonds), notes, debentures, and any other types of forms of instruments of obligation. "Obligee of the Authority" or "obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the Authority property used in connection with a project, or any assignee or successor of any of these, and the Federal Government when it is a party to any contract with the Authority. "Person" means any individual, firm, partnership, corporation, company, association, establishment, institution, or organization, private or public, and includes persons acting in a representative or fiduciary capacity. "Persons engaged in national defense activities" means individuals in the armed forces of the United States; employees of the Department of Defense; and workers engaged or to be engaged in activities connected with national defense. The term also includes the families of the individuals, employees, and workers who reside with them. "Major disaster" means any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, natural or man-made (including destruction due to enemy action in time of war) which the Governor has determined to be of sufficient severity and magnitude to warrant the use of available resources of the Federal Government and the Government of the United States Virgin Islands and the locality to alleviate the damage, hardship, or suffering caused thereby. "Public agency" or "agency" means any department, bureau, instrumentality, authority, or official body, corporate or otherwise or any public official, of the United States, or of the Virgin Islands, or of any State, Commonwealth, Territory, or Possession of the United States. (b) To the extent to which any definition in this section relates to, or is derived from the provisions of the United States Housing Act of 1937, as amended, or the Housing Act of 1949, as amended, or the Housing Act of 1954, as amended, it shall be construed as intended to conform to those Acts, or to any future amendment of those Acts, and as intended to include the broadest scope authorized by those Acts. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5a; June 24, 1987, No. 5265, § 502(a), Sess. L. 1987, p. 61.

Applicants for housing under the provisions of this chapter shall be at least 18 years of age. History: Added Nov. 29, 1972, No. 3338, § 2, Sess. L. 1972, p. 511.

(a) The name of the Virgin Islands Housing and Urban Renewal Authority, as heretofore established shall hereafter be "Virgin Islands Housing Authority", and shall continue to be a public body corporate and politic of the Virgin Islands within the Virgin Islands Housing Finance Authority for administrative purposes only. The Virgin Islands Housing Authority shall constitute a "public housing agency" within the meaning of the United States Housing Act of 1937, as amended, and a "local public agency" within the meaning of Title I of the Housing Act of 1949, as amended. The Authority shall have all the powers, rights, duties, privileges, functions, obligations, and status as a public body corporate and politic, prescribed, or provided by this chapter. (b) Except as provided in, and subject to the provisions of section 81 of this title, all the records, property, contracts, funds, obligations, rights and duties, and personnel of the Virgin Islands Housing and Urban Renewal Authority shall be deemed, forthwith and without lapse or interruption, those of the Virgin Islands Housing Authority, and no further ratification, confirmation or validation of any kind shall be required effectively to vest in such Authority all such records, property, contracts, funds, rights and personnel. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; May 31, 1960, No. 571, Sess. L. 1960, p. 74; Dec. 5, 1961, No. 799, § 1, Sess. L. 1961, p. 275; June 18, 1962, No. 903, § 5b, Sess. L. 1962, p. 197; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

Removal, Compensation and Expenses (a) The powers, rights, privileges, functions and duties of the Authority shall continue to be vested in seven Commissioners, not more than two of whom, excluding the Executive Director of the Virgin Islands Housing Finance Authority and the Commissioner of Human Services, shall be at any time salaried officials or employees of the Government of the United States Virgin Islands or of the United States; Provided, That persons drawing retirement pay or pensions only from such Governments shall not be considered to be salaried officials. Two of the Commissioners shall be tenants of public rental housing projects under the jurisdiction of the Authority, one of whom shall be a resident of the district of St. Croix, and the other shall be a resident of the district of St. Thomas/St. John. The four tenant commissioners shall be selected pursuant to subsection (b) of this section two each from public rental housing projects in the district of St. Croix and the district of St. Thomas/St. John, respectively, which tenants shall be democratically chosen by the residents, of legal age, of those housing projects in a manner determined by the Authority. (b) The commissioners (except the Executive Director of the Virgin Islands Housing Finance Authority and the Commissioner of Human Services who shall be ex officio voting members) shall be appointed by the Governor with the advice and consent of the Legislature. The term of office shall be for three years and the terms of non-tenant Commissioners shall be so staggered that the term of at least one of those Commissioners shall expire on January 1, of each year. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A commissioner shall hold office until his successor has been qualified, unless sooner removed as provided in subsection (d) of this section. A certificate of the appointment or reappointment of any commissioner shall be filed with the Lieutenant Governor of the Virgin Islands and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. (c) Before taking office, or entering on duty, each commissioner, as well as each employee of the Authority, shall take the oath of office and execute the loyalty statement required of all officers and employees of the Government of the United States Virgin Islands. (d) Any commissioner may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, after a hearing before the Governor or a hearing officer specially designated by him for the purpose. (e) A commissioner shall receive no compensation for his services but shall be entitled to payments of official travel costs, and reimbursement of expenses actually and necessarily incurred in the discharge of his duties and functions, under such regulations as are applicable to other employees of the Government of the United States Virgin Islands. (f) Each member, including the Executive Director of the Virgin Islands Housing Finance Authority, shall successfully complete a nationally recognized training course as provided by regulations promulgated by the authority pursuant to section 35(5); except that the training mandated by this subsection must be designed to develop, augment and enhance skills needed for carrying out the duties of commissioners prescribed by law. History: Amended Jan. 2, 1957, No. 259, Sess. L. 1957, p. 216; May 16, 1957, No. 160, § 108, Sess. L. 1957, p. 60; June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 24, 1958, No. 335, §§ 23, 26, Sess. L. 1958, p. 118, 119; June 7, 1961, No. 709, Sess. L. 1961, p. 57; June 18, 1962, No. 903, § 5b; Feb. 11, 1969, No. 2404, § 1, Sess. L. 1969, p. 43; Feb. 12, 1969, No. 2436, Sess. L. 1969, p. 89; Apr. 15, 1971, No. 2991, Sess. L. 1971, p. 110; Mar. 20, 1972, No. 3187, § 1, Sess. L. 1972, p. 40; Mar. 19, 1990, No. 5523, § 21(a), (b), (e), (f), Sess. L. 1990, pp. 68-70; June 8, 1990, No. 5575, § 9, Sess. L. 1990, p. 227; Nov. 26, 1991, No. 5757. § 5, Sess. L. 1991, p. 259; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; Mar. 8, 2010, No. 7151, § 1, Sess. L. 2009, p. 725; Apr. 7, 2010, No. 7161, § 4(a)(1)-(3), (b), Sess. L. 2010, p. 48.

For the purposes of promoting effective management of the Virgin Islands Housing Authority, and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of commissioners to fill vacancies in the membership of the said Authority resulting from expiration of term or other cause. History: June 7, 1961, No. 701, § 1, Sess. L. 1961, p. 51; June 18, 1962, No. 903, § 5b.

(a) The commissioners shall constitute the Board of Commissioners of the Authority. The Chairman of the Board shall be selected by the Board from among its members and shall serve at the pleasure of the Board. The Board shall employ a Chief Executive Officer who shall serve at the pleasure of the Board. No individual shall serve as both Chairman of the Board and Chief Executive Officer. A vice-chairman shall be selected by the Board from among its members to serve for a year or until his successor is selected in accordance with the bylaws of the Authority. The Board may employ technical experts and such officers, agents, or employees, permanent and temporary, as it may deem necessary and shall determine their qualifications, duties, tenure, and compensation. For such legal service as it may require, the Authority may employ or retain its own counsel and legal staff. The Authority may delegate to one or more of its officers, agents, or employees, such powers or duties as it may deem proper. (b) All employees who hold permanent positions within the Authority shall be covered in accordance with provisions of the Employees Retirement System of the Government of the United States Virgin Islands and shall be included in the career or classified service of the Government Service of the United States Virgin Islands. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5b; Mar. 4, 1966, No. 1601, § 1, Sess. L. 1966, p. 73; Feb. 11, 1969, No. 2404, § 3, Sess. L. 1969, p. 44; June 24, 1987, No. 5265, § 502(g), Sess. L. 1987, p. 62; Mar. 19, 1990, No. 5523, § 21(c), Sess. L. 1990, p. 69.

A majority of the Board of commissioners shall constitute a quorum of the Board of Commissioners of the Authority for the purpose of conducting the business of the Authority and exercising its powers, and for all other purposes, notwithstanding the existence of any vacancies, except that a lesser number may adjourn. Unless the Authority in its bylaws requires a greater proportion in any instance, a vote of the majority of Commissioners present at any meeting of the Board shall prevail. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Oct. 27, 1961, No. 789, Sess. L. 1961, p. 237; June 18, 1962, No. 903, § 5b; Jan. 10, 2003, No. 6571, § 28, Sess. L. 2002, p. 601.

The Authority shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this chapter (except the power to levy and collect taxes or special assessments), including the following powers in addition to other powers granted in this chapter, and may- (1) have perpetual succession; (2) sue and be sued; (3) have a seal and modify it; (4) enter into and execute contracts and instruments of every kind and nature, necessary or convenient to the exercise of its powers and functions; (5) make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (6) borrow money from public and private sources, and give such security therefor as may be required; (7) apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal Government, the Government of the United States Virgin Islands, or other public body or agency, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts in connection therewith; (8) deposit funds in banking institutions which are members of the Federal Deposit Insurance Corporation; (9) invest funds in property or securities approved for investment by the Federal Government or the Government of the United States Virgin Islands; (10) acquire any real or personal property, or any interest or estate therein, by lease, option, purchase, gift, grant, donation, appropriation, bequest, devise or by the exercise of eminent domain, or otherwise; (11) own, hold, improve, clear, or prepare for redevelopment any such property; (12) sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such: Provided, however, That no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so state; (13) acquire by condemnation any interest in real property, including a fee simple title thereto, which the Authority may deem necessary for or in connection with any project under this chapter; Provided, That as a condition of the exercise of the power of eminent domain to acquire any real property or interest therein which the Authority may deem necessary for its purposes under this chapter, the Authority shall first adopt a resolution finding and declaring that the acquisition of such property (which shall be generally described in the resolution) is necessary for such purposes; (14) exercise the power of eminent domain in the manner now or which may be hereafter provided by law for the exercise of such power by the Government of the United States Virgin Islands or any other governmental or public body or agency vested with such power in the Virgin Islands; (15) acquire property already devoted to public use; Provided, That no real property belonging to the Virgin Islands may be acquired without the consent of the Government of the United States Virgin Islands; (16) provide or arrange or contract for the furnishing of repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities of every kind and nature, for and in connection with the preparation, planning, development, construction, operation and disposition of projects; (17) install, construct, and reconstruct streets, utilities, parks, play grounds and other public improvements; (18) insure, or provide for the insurance, in any stock or mutual company or any public or private insurance facility, or any real or personal property, or operations, of the Authority, against any risks and hazards; (19) undertake and carry out studies, analyses, research, and investigations of living and housing conditions, and housing needs, within its area of operation, and of means and methods of dealing with needs disclosed by such studies; (20) make available to the public the results of such studies and information of housing; (21) determine where, and that, in its area of operation, slum and blighted conditions or areas exist, or where, and that, there is a shortage of safe, decent, and sanitary dwellings for low-income families; (22) make findings, determinations, and recommendations concerning matters relating to housing and means and methods of dealing with such matters; (23) carry into effect such findings, determinations and recommendations; (24) cooperate with, and participate in activities of local, regional or national agencies, organizations, institutions, or other official or unofficial bodies engaged in the same or related fields; (25) perform all appropriate functions with respect to housing activities and projects; (26) make, and cause to be made, all surveys, appraisals and plans necessary to carry out its activities and the purposes of this chapter, and in connection therewith to enter upon any land, property, or structure, for such purposes, and make soundings, test borings, or any other technical investigations, enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; utilize and employ, by contract or otherwise, any persons or agencies for the making of such surveys, studies, and plans, and the technical work incidental thereto; (27) within its area of operation, make or have made all plans necessary to the carrying out of the purposes of this chapter and contract with any person, public or private, in making and carrying out such plans; adopt, modify and amend such plans in accordance with the provisions of this chapter, and include in such plans, without limitation, (a) plans for low-rent public housing, (b) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, (c) plans for the enforcement of local laws, codes and regulations relating to the use of land and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings, and improvements, and (d) appraisals, title searches, maps, surveys, studies and other preliminary plans and work necessary to prepare for the undertaking of projects; (28) undertake and carry out, within its area of operation, housing projects and in connection therewith plan, prepare, develop, construct, acquire, lease and dispose of any such projects within the contemplation of this chapter; (29) provide for the planning, preparation, development, construction, acquisition, lease, disposition, reconstruction, improvement, alteration, extension, repair, maintenance, and operation of any such projects; (30) lease any dwellings, accommodations, land, structures, or facilities embraced in any project; (31) clear or prepare any property owned by it for redevelopment, conservation or rehabilitation; (32) establish from time to time standards of eligibility for admission to, and occupancy of, low-income public housing dwellings and facilities; (33) adopt from time to time rules, regulations and conditions of admission to, and occupancy of, low- income public housing dwellings and facilities, including rents and charges therefor; (34) make such expenditures, subject to the provisions of this chapter or any other applicable law, regulations or restriction, as may be necessary for the activities and operations of the Authority and carry out the purpose of this chapter; (35) conduct examinations and investigations on any matters material to the functions of the Authority, subject to the following conditions: (a) three commissioners shall be designated by the Board in each instance to conduct such examinations or investigations, and a majority vote of such commissioners shall be necessary for the issuance of subpoenas requiring the attendance of witnesses, or production of records, or of commissions for the examination of witnesses or materials outside of the Virgin Islands or otherwise not available to the Authority within the Virgin Islands; (b) one or more of such commissioners may administer oaths to witnesses, may conduct investigations and examinations, hear testimony, and take proof, under oath or otherwise, at public and private hearings; and (c) the affirmative vote of all such commissioners in office shall be required to cite any person for failure to obey a subpoena, or for contempt by failure or refusal to answer questions, or otherwise, and to seek enforcement of any such citation in a court of competent jurisdiction; (36) report to the Executive Director of the Virgin Islands Housing Finance Authority the existence of conditions or the occurrence of events relating to functions and operations of the Authority, including, but not limited to, the existence of unsafe or insanitary structures, the blighting of areas, and other matters affecting the public health, morals, welfare and safety; (37) exercise all, or any part, or combination of the powers in this chapter granted; (38) notwithstanding any other provisions of this Code relating to the assignment and sale of dwellings constructed pursuant to any Government sponsored housing project, the Authority shall have the sole power and authority to establish from time to time the preferences or standards of eligibility for the purchase of such dwelling in accordance with the provisions of all federal laws and the laws of the Virgin Islands. The Authority shall keep and maintain a master list of eligible applicants for the purchase of such dwellings in each such housing project and the sale of all such dwellings shall be in accordance therewith. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5b; Feb. 11, 1969, No. 2415, Sess. L. 1969, p. 61; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) The Authority is empowered and authorized to participate in the programs of the Federal Government in the fields of housing for low-income families and for persons engaged in national defense activities or for victims of a major disaster, and related activities. (b) In connection with such participation, and in addition to powers otherwise conferred by this chapter, the Authority is empowered and authorized (1) to enter into contracts and agreements of every kind and nature with the Federal Government for any purposes related to such programs, and shall comply with such contracts and any Federal rules, requirements, regulations and procedures, applicable to the program; (2) to execute such mortgages, declarations or indentures of trust, leases, undertakings, or other agreements or documents of every nature, as may be necessary, or required by the Federal Government; and (3) otherwise to comply fully with any conditions imposed by the Federal Government upon participation by the Authority in such programs, it being the intent of this chapter to enable the Authority to do any and all things necessary to secure participation in the Federal programs, and Federal financial aid in such programs, and the cooperation of the Federal Government in the carrying out, undertaking, development, construction, maintenance, and operation of any project, in carrying out the functions of the Authority, and in achieving the policies and purposes of this chapter, and to assure strict compliance by the Authority with any conditions imposed by the Federal Government. (c) Further in connection with such participation, the Authority is also empowered and authorized to borrow money, receive contributions or grants, and accept other forms of financial assistance from or through the facilities or guarantees of the Federal Government, and may accept, and shall comply with such conditions as the Federal Government may impose upon, or attach to its financial aid. (d) Further in connection with such participation, the Authority shall agree to and shall comply with any conditions imposed by the Federal Government relating to the wages and hours of labor, and labor standards, in the development or administration of projects, and shall include in any contract awarded or entered into in connection with any project covenants that the contractor and all subcontractors shall comply with all requirements as to wages and hours of labor and labor standards. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5b.

Notwithstanding the provisions of this chapter relating to rentals of, preferences or eligibility for admission to, or occupancy of dwellings in housing projects, during the period when the Authority determines that there is an acute need in this area of operation for housing to assure the availability of dwellings for persons engaged in national defense activities or for victims of a major disaster, the Authority may undertake the development and administration of housing projects for the Federal Government, and dwellings in any housing project under the jurisdiction of the Authority may be made available to persons engaged in national defense activities or to victims of a major disaster, as the case may be. The Authority is authorized to contract with the Federal Government or the Government of the United States Virgin Islands or public agencies thereof for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishing of the housing free of charge to needy disaster victims during any period covered by a determination of acute need by the Authority as herein provided. History: Added June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5b.

Violation During his tenure and for one year thereafter, no commissioner, officer or employee of the Authority shall voluntarily acquire any personal interest, direct or indirect in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project. If any such commissioner, officer, or employee voluntarily or involuntarily acquired any such interest prior to appointment or employment as a commissioner, officer or employee, or thereafter, then in any such event, the commissioner, officer or employee, shall immediately disclose his interest in writing to the Authority and such disclosure shall be entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. These provisions shall not be applicable to the acquisition of any interest in notes or bonds of the Authority issued in connection with any project or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture or agreement, or to utility services the rates for which are fixed or controlled by a government agency. History: Added June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; June 18, 1962, No. 903, § 5b.

(a) There is hereby created an Advisory Council on Housing, hereinafter referred to as the "Council". The Council shall consist of six tenant representatives elected from the public rental housing projects. Three of the representatives shall be from housing projects on St. Croix and three shall be from housing projects on St. Thomas/St. John. They shall be democratically chosen by the residents, of legal age, of the respective housing projects by the same democratic selection process for the list of candidates for representation on the Board provided in subsection (a) of section 32 of this title. (b) The Council shall meet on a regular basis to investigate concerns of public housing tenants and formulate solutions to those concerns. The Council shall attend meetings of the Board of Commissioners of the Virgin Islands Housing Authority and advise the Board on tenant problems and recommended solutions. The Board shall supply the Council with such staff and supplies as are necessary in the performance of its duties and Council members shall receive per diem and attendance for travel to official meetings of the Council and the Board as provided by Title 3, section 65, Virgin Islands Code. The Council shall, to the best of its ability, represent the views of the tenants of the public housing projects on matters affecting the health, welfare, and safety of all tenants, and in any other matters properly before the Board. History: Added Mar. 19, 1990, No. 5523, § 21(d), Sess. L. 1990, p. 69.

It is declared to be the policy of the Virgin Islands that the Authority shall manage and operate housing projects established for low-income families in the most economical and efficient manner consistent with applicable requirements, so as to enable it to fix rentals or charges for dwelling accommodations at low rents, in consonance with the purpose of providing safe, decent, and sanitary housing for families of low income, and shall not operate such housing for profit or as a source of revenue to the Government of the United States Virgin Islands or any division or subdivision thereof. To this end, the Authority shall fix the rentals or charges for dwellings in such housing projects at rates no higher than those it shall determine to be necessary to produce revenues which, together with all other available moneys, revenues, incomes, and receipts of the Authority, from all sources, including Federal financial assistance provided to maintain the low-rent character of the housing projects, will be sufficient to: (1) pay, as they become due, the principal and interest on bonds and obligations of the Authority; (2) establish and maintain such reserves as may be required to assure the payment of such principal and interest, as they become due; (3) meet the cost of, and to provide for, the maintenance and operation of the housing projects, including necessary reserves therefor, and for costs of insurance protection, as well as the administrative expenses for the Authority; and (4) make payments in lieu of taxes as provided for in this chapter. Rentals and charges for dwellings shall be established, and the housing projects shall be administered, to the greatest degree possible, so as to assure that any Federal financial assistance required shall be in the minimum amounts and periods necessary to maintain the low-rent character of the projects. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Subject to such requirements as the Federal Government may impose with respect to Federally-aided housing projects, which shall in any event prevail, the Authority, in the operation and management of low- rent housing projects shall observe the following criteria: (1) It may rent or lease the dwelling accommodations in a housing project only to families who lack the amount of income deemed necessary by the Authority to enable them, without financial assistance, to secure decent, safe and sanitary dwellings, within the area of operation of the Authority, and to provide an adequate standard of living for themselves. The Authority shall charge rentals which it determines to be within the financial reach of such families. (2) Nothing contained in section 61 of this title or in subsection (1) of this section shall limit the power of the Authority to vest in an obligee of the Authority the right, in the event of a default by the Authority, to take possession of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed therein. (3) Notwithstanding the foregoing provisions of this section, the Authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to Federal law in any contract for financial assistance with the Authority. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

The Virgin Islands Housing Authority shall provide financial technical assistance to public housing tenant organizations which request such assistance in an attempt to establish tenant management of public housing projects pursuant to section 122 of the Housing and Community Development Act of 1987 (42 U.S.C.1437r) and the rules and regulations promulgated pursuant thereto. Such assistance shall include, but shall not be limited to: (a) Informing tenant organizations of the provisions of section 122 of the Housing and Community Development Act of 1987 and the regulations promulgated pursuant thereto, under which they can assume the management of their public housing projects; (b) Advising tenant organizations of the requirements necessary to qualify for tenant management of public housing projects under the federal law, the rules and regulations of the United States Department of Housing and Urban Development, and any applicable Virgin Islands laws and regulations; (c) Consulting with tenant organizations and providing financial assistance in the selection and retention of a public housing management specialist as required by section 122 of the Housing and Community Development Act; and (d) Assisting in the training of the tenant organizations, and public housing residents selected by those organizations, in the duties and responsibilities necessary for the management of a public housing project. History: Added Mar. 28, 1990, No. 5527, Sess. L. 1990, p. 73.

The Virgin Islands Housing Authority is hereby authorized to establish an internal police force with the power to police its property and to exercise police powers for the protection of the persons and property of its residents, employees and visitors, for the enforcement of any rule or regulations adopted by the Authority, and in furtherance of the purposes for which such Authority was organized, in accordance with the following provisions: (a) Members of the police force shall be conservators of the peace and shall have the power to make arrests for violations of federal and local laws, and rules and regulations of the Authority and governing the federal agencies; provided that they may exercise such powers primarily within the property or facilities of the Authority, and only when: (1) such exercise is appropriate for the interest, of its residents, employees and visitors; and (2) within the jurisdiction in which the Authority operates, when specifically requested by the appropriate federal agencies, by the Commissioner of the Virgin Islands Police Department or the Governor of the Virgin Islands. (b) To the extent necessary, powers shall be conferred upon specified employees of the Authority to issue and enforce in the Superior Court citations for violations of the rules and regulations which shall be payable to the Clerk of the Superior Court, and the power to determine the character of and necessity for all expenditures and the manner in which they shall be incurred, allowed and paid and such determination shall be final and conclusive for all purposes; (c) When outside the property or facilities of the Authority, the VIHA police force shall have peace officer status. (d) The Authority shall establish minimum standards for selection and training of members of the police force, provided, that the members of the police force shall be certified and trained pursuant to the provisions of Title 3, section 258, paragraph (b), Virgin Islands Code. The Executive Director of the Virgin Islands Housing Authority and the Commissioner of the Virgin Islands Police Department are hereby authorized to enter into an agreement providing for the training of all police officers of the Virgin Islands Police Department Training Academy. (e) Neither the Authority, the members of its Board, nor its officers or employees shall be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection, failure to prevent the commission of crimes or failure to apprehend criminals. (f) The VIHA security force shall have jurisdiction to investigate all crimes occurring on VIHA property, in the absence of the Virgin Islands Police Department. The Virgin Islands Police Department may assume jurisdiction over the investigation of any crime occurring on VIHA property upon arriving at the scene. (g) The Authority shall establish and maintain an affirmative action program consistent with federal and local laws designed to promote equal employment opportunity within the police force and give preference to the recruitment of applicants for the police force from the specific communities in which the Authority operates housing developments and administers housing assistance programs. (h) The Authority shall also provide that sworn officer positions at the rank of sergeant or below shall first be filled by persons otherwise qualified for selection who are residents of facilities under the jurisdiction of the Authority. (i) Prior to implementation of the police force, the Authority shall develop a description of appointment, training and examination procedures to be used by the Virgin Islands Authority in conferring the power of citation on individual employees of the Authority to insure that such employees are knowledgeable and capable of administering the Authority's rules and regulations and properly briefed in the issuance of citations so as to meet judicial standards and requirements. (j) All fees and fines collected under the Virgin Islands Housing Authority's rules and regulations approved pursuant to the provisions of this act shall be deposited into a special account maintained by the Virgin Islands Housing Authority for the specific purpose of improvements, maintenance and policing of the Authority's communities. For the purpose of accounting, such fees and fines shall be stated in the net amount after deduction by the Superior Court of reasonable and necessary court costs when such costs have been levied upon the citation recipient. History: Added May 2, 1994, No. 5970, § 1, Sess. L. 1994, p. 49.

(a) The Virgin Islands Housing Authority is hereby granted the power and authority to enter into a contractual agreement with a licensed bonding agency for the purpose of providing bonding or insurance coverage for its law enforcement officers. (b) In the event that a commissioner or officer of the Authority whose signature on any bond(s) shall cease to be a commissioner or officer before the delivery of the bonds, their signatures shall be valid and sufficient for all purposes, the same as if the commissioner or officer had remained in office until such delivery. (c) The Authority may legally invest any monies or funds belonging to them or within their control to secure the purchase of bonds or insurance for coverage of its law enforcement officers. History: Added May 2, 1994, No. 5970, § 2, Sess. L. 1994, p. 51.

The Virgin Islands Housing Finance Authority, established by Title 21, chapter 2, section 103, V.I.C., shall administer the provisions of this subchapter. All powers, duties, and functions of the Virgin Islands Urban Renewal Board existing prior to June 24, 1987, are transferred to the Virgin Islands Housing Finance Authority; provided, however, that all such powers, duties, and functions shall expire December 31, 1990. History: Added June 18, 1962, No. 903, § 5c; amended June 24, 1987, No. 5265, § 502(b), Sess. L. 1987, p. 61; Dec. 28, 1988, No. 5402, § 5, Sess. L. 1988, p. 393; June 8, 1990, No. 5575, § 8, Sess. L. 1990, p. 227.

History: Repealed. June 24, 1987, No. 5265, § 502(b), Sess. L. 1987, p. 61.

The Authority shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this chapter (except the power to levy and collect taxes or special assessments), including the following powers in addition to other powers granted in this chapter, and may- (1) have perpetual succession; (2) sue and be sued; (3) have a seal and modify it; (4) enter into and execute contracts and instruments of every kind and nature, necessary or convenient to the exercise of its powers and functions; (5) make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (6) borrow money from public and private sources, and give such security therefor as may be required; (7) apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal Government, the Government of the United States Virgin Islands, or other public body or agency, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts in connection therewith; (8) deposit funds in banking institutions which are members of the Federal Deposit Insurance Corporation; (9) invest funds in property or securities approved for investment by the Federal Government or the Government of the United States Virgin Islands; (10) acquire any real or personal property, or any interest or estate therein, by lease, option, purchase, gift, grant, donation, appropriation, bequest, devise or by the exercise of eminent domain, or otherwise; (11) own, hold, improve, clear, or prepare for redevelopment any such property; (12) sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such: Provided, however, That no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so state; (13) acquire by condemnation any interest in real property, including a fee simple title thereto, which the Authority may deem necessary for or in connection with any project under this chapter; Provided, That as a condition of the exercise of the power of eminent domain to acquire any real property or interest therein which the Authority may deem necessary for its purposes under this chapter, the Authority shall first adopt a resolution finding and declaring that the acquisition of such property (which shall be generally described in the resolution) is necessary for such purposes; (14) exercise the power of eminent domain in the manner now or which may be hereafter provided by law for the exercise of such power by the Government of the United States Virgin Islands or any other governmental or public body or agency vested with such power in the Virgin Islands; (15) acquire property already devoted to public use; Provided, That no real property belonging to the Virgin Islands may be acquired without the consent of the Government of the United States Virgin Islands; (16) provide or arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities of every kind and nature, for and in connection with the preparation, planning, development, construction, operation and disposition of projects; (17) install, construct, and reconstruct streets, utilities, parks, playgrounds and other public improvements; (18) insure, or provide for the insurance, in any stock or mutual company or any public or private insurance facility or any real or personal property, or operations, of the Authority, against any risks and hazards; (19) undertake and carry out studies, analyses, research, and investigations of urban renewal needs, within its area of operation, and of means and methods of dealing with needs disclosed by such studies; (20) make available to the public the results of such studies and information on urban renewal; (21) determine where, and that, in its area of operation, slum and blighted conditions or areas exist, or where and that, there is a shortage of safe, decent, and sanitary dwellings for low-income families; (22) make findings, determinations, and recommendations concerning matters relating to urban renewal and means and methods of dealing with such matters; (23) carry into effect such findings, determinations and recommendations; (24) cooperate with, and participate in activities of local, regional or national agencies, organizations, institutions or other official or unofficial bodies engaged in the same or related fields; (25) perform all appropriate functions with respect to urban renewal activities and projects; (26) make, and cause to be made, all surveys, appraisals and plans necessary to carry out its activities and the purposes of this chapter, and in connection therewith to enter upon any land, property, or structure, for such purposes, and make soundings, test borings, or any other technical investigations, enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; utilize and employ, by contract or otherwise, any persons or agencies for the making of such surveys, studies, and plans, and the technical work incidental thereto; (27) within its area of operation, make or have made all plans necessary to the carrying out of the purposes of this chapter and contract with any person, public or private, in making and carrying out such plans; adopt, modify and amend such plans in accordance with the provisions of this chapter, and include in such plans, without limitation, (a) plans for urban renewal, (b) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, (c) plans for the enforcement of local laws, codes and regulations relating to the use of land and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings, and improvements, (d) preliminary plans for urban renewal activities for two or more urban renewal areas, and (e) appraisals, title searches, maps, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of projects; (28) develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and elimination of slums and urban blight and apply for, accept and utilize grants of funds from the Federal Government for such purposes; (29) undertake and carry out within its area of operation urban renewal projects, and in connection therewith plan, prepare, develop, construct, acquire, lease and dispose of any such projects within the contemplation of this chapter; (30) provide for the planning, preparation, development, construction, acquisition, lease, disposition, reconstruction, improvement, alteration, extension, repair, maintenance, and operation of any such projects; (31) lease any dwellings, accommodations, land, structures, or facilities embraced in any project; (32) clear or prepare any property owned by it for redevelopment, conservation or rehabilitation; (33) impose and enforce terms and conditions upon re-use of properties included in urban renewal projects; (34) establish from time to time standards of eligibility and conditions of participation for redevelopers and others in urban renewal projects subject to the limitations contained in this chapter with respect to rental of dwellings in housing projects; (35) prepare plans for the relocation of persons including families, business concerns and others displaced by an urban renewal project, and make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government; (36) make such expenditures, subject to the provisions of this chapter or any other applicable law, regulations or restrictions, as may be necessary for the activities and operations of the Board and carry out the purpose of this chapter; (37) conduct examinations and investigations on any matters material to the functions of the Authority, subject to the following conditions: (a) three board members shall be designated by the Authority, in each instance to conduct such examinations or investigations, and a majority vote of such board members shall be necessary for the issuance of subpoenas requiring the attendance of witnesses, or production of records, or of commissions for the examination of witnesses or materials outside of the Virgin Islands or otherwise not available to the Authority within the Virgin Islands; (b) one or more of such board members may administer oaths to witnesses, may conduct investigations and examinations, hear testimony, and take proof, under oath or otherwise, at public and private hearings; and (c) the affirmative vote of all such board members in office shall be required to cite any person for failure to obey a subpoena, or for contempt by failure or refusal to answer questions, or otherwise, and to seek enforcement of any such citation in a court of competent jurisdiction; (38) report to the Governor of the Virgin Islands and the Legislature of the Virgin Islands the existence of conditions or the occurrence of events relating to functions and operations of the Authority, including, but not limited to, the existence of unsafe or insanitary structures, the blighting of areas, and other matters affecting the public health, morals, welfare and safety; (39) within its area of operation, organize, coordinate and direct the urban renewal program and disseminate slum clearance and urban renewal information in order that the objectives of remedying slum and blighted areas and preventing the causes thereof within the Virgin Islands may be most effectively promoted and achieved; and (40) exercise all, or any part, or combination of the powers in this chapter granted. History: Added June 18, 1962, No. 903, § 5c; amended June 24, 1987, No. 5265, § 502(c), Sess. L. 1987, p. 61; Apr. 1, 2008, No. 6973, § 10(a), Sess. L. 2007, p. 186.

(a) The Authority is empowered and authorized to participate in the programs of the Federal Government in the fields of urban renewal and urban planning, and related activities. (b) In connection with such participation, and in addition to powers otherwise conferred by this chapter, the Authority is empowered and authorized (1) to enter into contracts and agreements of every kind and nature with the Federal Government for any purposes related to such programs, and shall comply with such contracts and any Federal rules, requirements, regulations and procedures, applicable to the programs; (2) to execute such mortgages, declarations or indentures of trust, leases, undertakings, or other agreements or documents of every nature, as may be necessary, or required by the Federal Government; and (3) otherwise to comply fully with any conditions imposed by the Federal Government upon participation by the Authority in such programs, it being the intent of this chapter to enable the Authority to do any and all things necessary to secure participation in the Federal programs, and Federal financial aid in such programs, and the cooperation of the Federal Government in the carrying out, undertaking, development, construction, maintenance, and operation of any project, in carrying out the functions of the Authority and in achieving the policies and purposes of this chapter, and to assure strict compliance by the Authority with any conditions imposed by the Federal Government. (c) Further in connection with such participation, the Authority is also empowered and authorized to borrow money, receive contributions or grants, and accept other forms of financial assistance from or through the facilities or guarantees of the Federal Government, and may accept, and shall comply with such conditions as the Federal Government may impose upon, or attach to its financial aid. (d) Further in connection with such participation, the Authority shall agree to and shall comply with any conditions imposed by the Federal Government relating to the wages and hours of labor, and labor standards, in the development or administration of projects, and shall include in any contract awarded or entered into in connection with any project covenants that the contractor and all subcontractors shall comply with all requirements as to wages and hours of labor and labor standards. History: Added June 18, 1962, No. 903, § 5c; amended June 24, 1987, No. 5265, § 502(c), Sess. L. 1987, p. 61.

(a) No judgment shall be rendered against the Virgin Islands Housing Authority or the Virgin Islands Housing Finance Authority in excess of $25,000 in any suit or action against the Authority with respect to any injury or loss of property or personal injury or death which: (i) may be caused by the negligent or wrongful act or omission of an employee of the Virgin Islands Housing Authority or the Virgin Islands Housing Finance Authority while acting within the scope of his employment under circumstances where the V.I. Housing Authority or the Virgin Islands Housing Finance Authority, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (ii) may occur in connection with the operation of the use of the V.I. Housing Authority or the Virgin Islands Housing Finance Authority facilities. (b) The provisions of subsection (a) of this section shall not apply if the injury or loss of property or death is caused by the gross negligence of an employee of the V.I. Housing Authority or the Virgin Islands Housing Finance Authority while acting within the scope of his employment. (c) The V.I. Housing Authority and the Virgin Islands Housing Finance Authority consents to have the liability determined in accordance with the same rules of law as is applied to actions in the courts of the Virgin Islands against individuals or corporations . (d) Board Members of the V.I. Housing Authority or the Virgin Islands Housing Finance Authority, while acting within the scope of their duties as board members, shall not be subject to personal or civil liability resulting from the exercise of any of the Authority's purposes, duties or responsibilities, unless the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrong doing or gross negligence. History: Added May 2, 1994, No. 5970, § 4, Sess. L. 1994, p. 52; amended Apr. 1, 2008, No. 6973, § 10(b), Sess. L. 2007, p. 186; amended Aug. 16, 2021, No. 8465, § 8, Sess. L. 2021, p. 56.

(a) It is declared to be the policy of the Virgin Islands to undertake and pursue an active urban renewal program for the elimination and for the prevention of the development or spread of slums and blight in the several communities of the Virgin Islands, within the contemplation of the Housing Act of 1949, as amended, and of any other applicable Federal or Virgin Islands laws, to include slum clearance and redevelopment, rehabilitation or conservation, or any combination or part thereof, and any other activities designed for the development of communities in the Virgin Islands, to eliminate and prevent slum and blight, and to assure sound community growth. (b) To the greatest extent feasible in carrying out the provisions of this chapter, maximum opportunity, consistent with the sound needs of a community as a whole, shall be afforded for the rehabilitation or redevelopment of an urban renewal area by private enterprise. The Government of the United States Virgin Islands, the Authority and all other public agencies and bodies shall give consideration to this objective in exercising any powers under this chapter, including the formulation of a workable program, the preparation and approval of urban renewal plans (consistent with the general plan of a community), the exercise and enforcement of powers as provided for in chapter 61 of Title 19, the exercise of zoning powers, the enforcement of other laws, codes, and regulations relating to the use of land and occupancy of buildings and improvements, the disposition of property acquired, and the provision of necessary public improvements. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Urban Renewal Plans; Modifications (a) Any urban renewal project to be undertaken and carried out under the provisions of this chapter shall be approved by the Governor. The Governor shall not approve an urban renewal project nor shall the Authority acquire real property for any such urban renewal project unless, in accordance with the provisions of this section: (1) the Authority has held a public hearing on the proposed urban renewal project; and (2) the Authority has adopted, and the Legislature has approved, an urban renewal plan for an urban renewal project. The Authority shall not adopt an urban renewal plan for an urban renewal project unless the Legislature has, by resolution: (1) described the urban renewal area and community wherein situated; (2) found and determined such area to be a slum or blighted area; and (3) designated the area as appropriate for an urban renewal project and the Governor has concurred therein. The Legislature shall not approve an urban renewal plan until a general plan for the community wherein the urban renewal area is situated has been prepared. For this purpose and other governmental purposes, the Virgin Islands Historic Preservation Commission, in addition to any other powers it may possess by virtue of this or any other statute, is authorized and empowered to prepare, adopt, and revise from time to time for each community and urban locality in the Virgin Islands a general plan for the physical development of the community as a whole (giving due regard to the environs and urban surroundings). (b) The Authority may itself prepare or cause to be prepared urban renewal plans for the several communities in the Virgin Islands and may utilize for this purpose the assistance and cooperation of any agency, public or private. Any person or agency, public or private, may submit such an urban renewal plan to the Authority for its consideration and action. Prior to its adoption of an urban renewal plan, the Authority shall submit such plan to the Virgin Islands Historic Preservation Commission for review and recommendations as to its conformity with the general plan for the development of the community concerned as a whole. Within thirty days after receipt of a proposed urban renewal plan from the Authority, the Virgin Islands Historic Preservation Commission shall submit its written recommendations with respect to the proposed urban renewal plan to the Authority for consideration. Upon receipt and consideration of the recommendation of the commission or, if no recommendations are received within said thirty days, then without such recommendations, the Authority may proceed with the public hearing prescribed by subsection (c) of this section on the urban renewal project proposed by the urban renewal plan. (c) The Authority shall hold a public hearing on a proposed urban renewal project, after public notice thereof. The notice shall describe the hour, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan and shall outline the general scope of the proposed urban renewal project. The notice shall be published at least once a week for not less than two successive weeks immediately prior to the date of the hearing (the first publication to be not less than ten days prior to the date of the hearing) in at least one newspaper of general circulation in the community or locality in which the urban renewal area is situated, or, if there be no such newspaper, be posted in at least three public places in the community or locality for not less than ten days immediately prior to the date of the hearing. In the computation of the period of publication or posting, both the day of the first publication or posting and the day of the hearing shall be included. (d) Within 30 days after conclusion of the public hearing prescribed by subsection (c) of this section, the Authority shall consider and act upon the proposed urban renewal plan and may, by resolution, adopt the urban renewal plan. (e) Within fifteen days after the adoption of an urban renewal plan by the Authority, or such longer time as the Governor may authorize at the Authority's request in any instance, the Authority shall transmit to the Governor the following: (1) a certified copy of the urban renewal plan as adopted by the Authority; (2) a copy of the report and recommendations of the commission, if any; (3) a statement by the Authority of the differences, if any, between the views of the Authority and the commission; (4) a summary report of the public hearing; (5) a proposed financing plan for the project to include estimated costs of renewal activities, estimated return from the disposal of project land, and the proposed means of furnishing such local grants-in-aid as may be required for the projects; and (6) a proposed relocation plan specifying a feasible method (including any temporary relocation measures proposed) for the relocation of families that will be displaced from the urban renewal area as a result of the project, such relocation plan to show that there are or are being provided, in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families to be displaced, decent, safe, and sanitary dwelling units, private or public (including low-rent public housing), equal in number to such displaced families and reasonably accessible to their places of employment. Any such relocation plan shall also indicate the method and manner of relocating in appropriate facilities any single persons that will be displaced by the urban renewal project. The Governor shall submit the foregoing documentation and plans, together with his recommendations with respect thereto to the Legislature at its next regular or special session. (f) The Legislature at any regular or special session during which an urban renewal plan and the supporting documentation as listed in subsection (e) of this section is submitted to it by the Governor, shall consider and act upon such urban renewal plan during that session; and if the urban renewal plan is approved by the Legislature, the approval of the plan shall include findings that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the community concerned as a whole; and (3) the urban renewal plan will afford maximum opportunity consistent with the sound needs of the community as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; Provided, That if the urban renewal area or a portion thereof consists of an area of open land to be acquired by the Authority, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the Legislature shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the community; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas (including other portions of the urban renewal area); that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program for the community, or (2) if it is to be developed for nonresidential uses, the Legislature shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivision, outmoded street patterns, obsolete platting, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of the municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. If the urban renewal plan is for an urban renewal project for which Federal financial aid is contemplated under the Housing Act of 1949, as amended, the approval of the plan shall also include findings by the Legislature that Federal financial aid is necessary to enable the project to be undertaken in accordance with the urban renewal plan; and a determination and recognition that certain contributions or local grants-in-aid on the part of the Virgin Islands, as determined in accordance with the Housing Act of 1949, as amended, and other applicable law, will be required for the urban renewal project and that so much of the funds otherwise appropriated (or that might be later appropriated) by the Legislature for the purpose of furnishing such local grants-in-aid or contributions as may be required for the project, or such additional funds as may be needed for such purpose, shall be deemed allocated, committed, and encumbered for the purpose of undertaking and carrying out the urban renewal project in accordance with the urban renewal plan. (g) Upon approval of an urban renewal plan by the Legislature, the Governor may approve and authorize the undertaking of the urban renewal project by the Authority in accordance with the urban renewal plan. (h) An urban renewal plan may be modified at any time in the same manner as originally approved: Provided, That if modified after the lease or sale by the Authority of real property in the urban renewal area, such modification shall be subject to such rights at law or equity as a lessee or purchaser, or his successor or successors in interest may be entitled to assert. (i) Upon the approval of an urban renewal project by the Governor, the provisions of the urban renewal 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. (j) Any urban renewal plan as approved by the Legislature in accordance with subsection (f) of this section, upon approval by the Governor of the urban renewal project covered by the plan, shall be filed for record in the appropriate, official land records of the Virgin Islands in such a manner as to afford actual or constructive notice of the provisions of such plan. All officials, officers and employees in charge of the land records of the Virgin Islands are authorized, directed, and empowered to accept for filing, and to file, all such approved urban renewal plans for projects approved by the Governor. 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 provision or provisions were set forth in full in such instrument or document. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Subject to such requirements and procedures as the Federal Government may impose with respect to Federally-aided urban renewal projects, which shall in any event prevail- (a) The Authority may sell, lease or otherwise transfer real property or any interest therein acquired by it, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions and restrictions, including covenants running with the land, as it may deem to be in the public interest or necessary to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this chapter: Provided, That such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by the Legislature and the approval of the project by the Governor. (b) The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the Authority may determine to be in the public interest or the Federal Government may determine to be necessary as a condition of Federal aid, including the obligation to begin and to complete within a reasonable time any improvements on such real property required by the urban renewal plan and the new uses specified therein: Provided, That any obligation to begin construction of improvements shall not apply to mortgagees and others who acquire an interest in such property as the result of the enforcement of any lien or claim thereon. (c) Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, the Authority shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the Authority retaining the property; the benefits to be derived by such purchaser or lessee in acquiring, or by the Authority in retaining, such real property in an urban renewal area; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The Authority may retain or employ qualified appraisers and land valuation experts to appraise the value of such real property in accordance with the standards here prescribed, which appraisals shall be advisory in nature only for the purpose of aiding and assisting the Authority in finding, determining and establishing the fair value of such real property for uses in accordance with the urban renewal plan. (d) The Authority in any instrument of conveyance to a purchaser or lessee may provide that such purchaser or lessee shall be without the power to sell, lease or otherwise transfer the real property without the prior written consent of the Authority until he has completed the construction of any and all improvements which he has obligated himself to construct thereon; and the Authority may provide, in any such instrument of conveyance, that such real property shall revert to or revest in the Authority, at its discretion, upon a breach or violation of any condition, covenant, restriction, undertaking, or other requirement relating to the use of the property or otherwise, without relieving any purchaser or lessee and successors or assigns of any obligation assumed by such purchaser or lessee, and without liability on the part of the Authority for any claim arising from such revesting or reversion. The Authority, upon a certification by it to a court of competent jurisdiction that any purchaser or lessee or their successors and assigns has breached or violated any condition, covenant, restriction, undertaking, or requirement, shall be entitled to immediate relief (without bond or liability for damages) restraining and enjoining any such breach or violation, pending the determination of the issues in the controversy. (e) The inclusion in any such contract or conveyance to a purchaser or lessee of any of the covenants, restrictions, or conditions provided in subsections (a), (b), (c), and (d) of this section (including the incorporation by reference therein of the provisions of an urban renewal plan or any part thereof) shall not prevent the filing of such contract or conveyance in the land records of the Virgin Islands in such a manner as to afford actual or constructive notice thereof. (f) Real property acquired by the Authority which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. (g) The Authority may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe, or as hereinafter provided in this subsection, or under such procedures as the Federal Government may prescribe. The Authority may, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, invite proposals from persons interested in undertaking to redevelop or rehabilitate an urban renewal area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals shall be made by those interested within 30 days after the date of publication of said notice, and that such further information as is available may be obtained at such office as shall be designated in said notice. The Authority shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for the purchase, lease or other transfer of any real property acquired by the Authority in the urban renewal area. The Authority may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter: Provided, That a notification of intention to accept such proposal shall be filed with the Governor not less than 30 days prior to any such acceptance. Thereafter, the Authority may execute such contract in accordance with the provisions of subsections (a), (b), (c), and (d) of this section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract. (h) The Authority may temporarily operate and maintain real property acquired in an urban renewal area pending the disposition of the property as authorized, without regard to the provisions of subsections (a), (b), (c), (d), (e), and (f) of this section, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

(a) Where the Legislature, by resolution, finds and determines that an urban area is in need of redevelopment or rehabilitation as the result of a major disaster, the Authority is authorized and empowered to plan, undertake and carry out under the provisions of this chapter an urban renewal project with respect to such area without regard to the following: (1) the requirement in sections 2 and 92(a) of this title that an urban renewal area be a slum or blighted area and that the Legislature so find and determine; (2) the requirements in section 92 of this title requiring preparation of a general plan, submission of an urban renewal plan to the Virgin Islands Historic Preservation Commission, and conformance of the urban renewal plan to the general plan: Provided, That the Authority shall consult with the commission in the preparation of the urban renewal plans so that said plan conforms to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements; (3) the requirements of section 92 of this title relating to relocation: Provided, That the Authority submits and the Legislature finds that the Authority has a plan for the encouragement to the maximum extent feasible, of the provision of dwellings suitable for the needs of families displaced by the disaster or by redevelopment or rehabilitation activities. (b) In the preparation of an urban renewal plan with respect to a project to be undertaken and carried out under this section, the Authority shall give due regard to the removal or relocation of dwellings from the site of recurring floods or other recurring disasters in the urban renewal area. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Whenever it is required by law or regulation that a bonded alien residing in any urban renewal project area in the Virgin Islands shall be relocated, the responsibility for such relocation shall rest with the employer of said bonded alien. The Executive Director of the Virgin Islands Housing Finance Authority shall give due notice in writing of the required relocation to the bonded alien in question and to his employer with a time limit to vacate the premises. At the expiration of the time limit, if the bonded alien has not vacated the premises or if the employer has failed to find accommodations for the relocation of the bonded alien, the proper authorities of the Government of the United States Virgin Islands shall take the necessary steps requesting that the alien's bond be cancelled. History: Apr. 18, 1967, No. 1931, § 7, Sess. L. 1967, p. 127; amended June 24, 1987, No. 5265, § 502(c), Sess. L. 1987, p. 61; Apr. 1, 2008, No. 6973, § 10(c), Sess. L. 2007, p. 186.

(a) The Authority shall have the power to issue bonds from time to time in its discretion, for any of its corporate purposes. The Authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The Authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable (1) exclusively from the income and revenues of a project financed with the proceeds of such bonds; (2) exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or (3) from its revenues generally. (b) Any such bonds may be additionally secured by a pledge of any loan, grant, or contribution, or parts thereof, from the Federal Government or other source, or a pledge of any income or revenue of the Authority, or a mortgage of any project, or part thereof, or other property of the Authority. (c) None of the proceeds of bonds issued for urban renewal projects, and no proceeds or revenues from any urban renewal project shall be used to pay the bonds or costs of, or to make contributions or loans to any housing project, nor shall the proceeds of bonds issued for housing projects, nor proceeds or revenues from any housing project be used to pay the bonds or costs of, or to make contributions or loans to any urban renewal project, unless specifically authorized by law, or permitted by the Federal Government in the instance of Federally-aided projects. (d) Neither the commissioners of the Authority nor any person executing the bonds shall be personally liable on the bonds by reason of the issuance of the bonds. (e) The bonds and other obligations of the Authority (and the bonds and obligations shall so state on their face) shall not be a debt of the Virgin Islands (which may be referred to as the "State") or any political subdivision thereof, and neither the Virgin Islands nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of the Authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (f) Bonds of the Authority are declared to be issued for an essential public and governmental purpose and together with interest thereon and income therefrom, are exempt from all taxes. The provisions of this chapter exempting from taxation the Authority, its property, and its bonds and interest thereon and income therefrom, shall be considered part of the security for the repayment of the bonds and shall constitute, by virtue of this chapter and without necessity of being restated in the bonds, a contract between the bondholders, and each and every one of them, including all transferees of said bonds from time to time, on the one hand, and the Authority and the Virgin Islands on the other. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Bonds (a) Bonds of the Authority shall be authorized by its resolutions, may be issued in one or more series and shall be offered, awarded and executed in such manner, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, bearer, order, coupon or registered, carry such conversion or registration privileges, have such rank or priority, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), as such resolution of the Authority, trust indenture, or mortgage may provide, and shall be fully negotiable. (b) The bonds may be sold at public or private sale at not less than par. (c) In case any of the commissioners or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until such delivery. (d) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been issued by the Authority to aid in financing a project as defined in this chapter, shall be conclusively deemed to have been issued for such purpose, and the project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Apr. 27, 1970, No. 2701, Sess. L. 1970, p. 85; Apr. 27, 1970, No. 2703, Sess. L. 1970, p. 86.

In connection with the issuance of bonds or the incurring of obligations, and in order to secure the payment of such bonds or obligations, the Authority, in addition to its other powers, may- (1) pledge all or any part of its gross or net rents, fees or revenues, to which its right then exists or may thereafter come into existence; (2) mortgage all or any part of its real or personal property, then owned or thereafter acquired; (3) covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof; and covenant as to what other, or additional debts or obligations may be incurred by it; (4) covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; provide for the replacement of lost, destroyed or mutilated bonds; covenant against extending the time for the payment of its bonds or interest thereon; and to covenant for redemption of the bonds and to provide the terms and conditions thereof; (5) covenant (subject to the limitations contained in this chapter) as to the rents and fees to be charged in the operation of projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; create or authorize the creation of special funds for moneys held for construction or operating costs, debt services, reserves, or other purposes, and covenant as to the use and disposition of the moneys held in such funds; (6) prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given; (7) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the insurance to be carried thereon, and the use and disposition of insurance moneys; (8) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (9) vest in any obligee of the Authority the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; vest in an obligee or obligees holding a specified amount in bonds the right, in the event of a default by the Authority, to take possession of and use, operate and manage any project or any part thereof or any funds connected therewith, and to collect the rents and revenues arising therefrom, and to dispose of such moneys in accordance with agreement of the Authority with said obligees; provide for the powers and duties of such obligees and limit the liabilities thereof; and provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds; and (10) exercise all or any part or combination of the powers herein granted; make covenants (other than and in addition to the covenants herein expressly authorized) and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the Authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

An obligee of the Authority, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon him, may, by a civil action- (1) compel the Authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the Authority with or for the benefit of such obligee, and to carry out any or all such covenants and agreements of the Authority and fulfill all duties imposed upon the Authority by this chapter; or (2) enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of the Authority. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

The Authority may by its resolution, or by declaration of trust, trust indenture, mortgage, lease, or other contract confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by a civil action in any court of competent jurisdiction- (1) cause possession of any project or any part thereof to be surrendered to any such obligee; (2) obtain the appointment of a receiver of any project of the Authority or any part thereof and of the rents and profits therefrom; (3) require the Authority and the commissioners, officers, agents, and employees thereof to account as if it and they were trustees of an express trust. A receiver appointed under clause (2) of this section may enter and take possession of the project or any part thereof and operate and maintain the same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep all moneys in a separate account or accounts and apply the same in accordance with the obligations of the Authority as the court directs. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Obligations Notwithstanding any restriction on investments contained in any laws of the Virgin Islands, the Virgin Islands, any political subdivision thereof, all public officers and other public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies or organizations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries, may legally invest any moneys or funds belonging to them or within their control in any bonds or other obligations issued by the Authority or issued by any public housing or urban renewal or redevelopment authority or agency in the United States, its territories and possessions, or in the Commonwealth of Puerto Rico, when such bonds or other obligations are secured by a pledge of annual contributions or other financial assistance to be paid by the Federal Government, or when such bonds or other obligations are secured by an agreement between the Federal Government and the public housing or urban renewal or redevelopment authority or agency in which the Federal Government agrees to lend to such authority or agency, prior to the maturity of the bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of principal and interest on the bonds or other obligations) will suffice to pay the principal of the bonds or other obligations with interest to maturity, which moneys under the terms of the agreement are required to be used for that purpose; and such bonds and other obligations shall be authorized security for all public deposits, it being the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; Provided, however, That nothing in this section be construed as relieving any person from any duty of exercising reasonable care in selecting securities. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

In any contract with the Federal Government for financial assistance to the Authority, the Authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the Federal Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject. The contract may further provide that in the case of such conveyance the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract: Provided, That the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the Authority the project as then constituted. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

(a) For the purpose of aiding and cooperating in the planning, undertaking, carrying out, developing, constructing and operating of project, and of enabling the Authority to qualify for participation in Federal programs in its authorized fields of activity, the Government of the United States Virgin Islands, any political subdivision thereof, or any public agency or public body of the Virgin Islands, with or without consideration, upon such terms as it may determine, and acting through appropriate agencies and officials, may do any, all or any combination of the following: (1) Enter into contracts and agreements (which contracts or agreements may extend over any period, notwithstanding any provision or rule of law to the contrary) with the authority or other public agency or body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds by loan, grant, contribution, appropriation or otherwise or other assistance in connection with any project, and further including the furnishing of eating facilities and food for tenants residing in the projects designed for the elderly under the provisions of any federal or other law. (2) Dedicate, sell, convey, lease, or otherwise transfer any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the Authority or to any other public agency concerned in any project of the Authority. (3) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewage or drainage facilities, illumination, or any other works or facilities which it is otherwise empowered to undertake or furnish, to be furnished to or in connection with any project. (4) To close, vacate, furnish, install, grade, regrade, pave, plan or replan, highways, streets, roads, alleys, sidewalks, ways or other places. (5) Plan or replan, zone or rezone, any part of any community, or locality, and make exceptions and grant waivers from any building codes, regulations or rules. (6) Cause administrative and other services to be furnished to the Authority. (7) Incur all or any part of the expense of any public improvement necessary for the purposes of this chapter. (8) Lend, grant, appropriate, or contribute funds to the Authority, or otherwise for the purposes of this chapter. (9) Employ (notwithstanding the provisions of any other law) any funds belonging to or within its control, including funds derived from the sale or furnishing of property or services, or facilities, to the Authority, for the purchase of bonds or other obligations of the Authority. (10) Exercise powers relating to the repair, improvement, condemnation, vacation, closing, demolition, or removal of unsafe, insanitary, or unfit buildings and structures. (11) Do any and all things necessary or convenient to aid and cooperate in the planning, or carrying out, or operating projects of the Authority, and in achieving the purposes of this chapter. (b) All agencies and public officials of the Government of the United States Virgin Islands or any political subdivision thereof are authorized and empowered, and shall cooperate with the Authority to the extent necessary to facilitate the exercise by the Authority of its powers, duties, and functions under this chapter and in carrying out the purposes of this chapter. (c) Any sale, conveyance, lease, transfer, or agreement authorized by this section may be made without appraisal, public notices, advertisement, or public bidding, notwithstanding any laws to the contrary. (d) All projects of the Authority shall comply with the planning, zoning, sanitary, and building laws or codes, or other regulatory measures applicable to the community in which the project is situated; but no project constructed in a manner to promote the public interest, which complies with the standards or requirements of the Federal Government applicable to it, shall be deemed to be in violation of such laws or codes or be required to be changed or modified for compliance. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Dec. 18, 1963, No. 1056, Sess. L. 1963, p. 439.

Bonds, Etc Subject to the provisions of section 8(b) of the Revised Organic Act of the Virgin Islands, approved July 22, 1954, the Government of the United States Virgin Islands may levy taxes, appropriate funds, incur indebtedness and issue bonds for the purposes of procuring funds to be loaned, appropriated, contributed, or granted, to the Virgin Islands Housing Finance Authority for carrying out its powers, functions and duties under this chapter, for the provision of public improvements and other forms of local governmental cooperation, and for use in connection with any project of the Virgin Islands Housing Finance Authority, or otherwise to carry out the purposes of this chapter. Bonds to be issued by such Government pursuant to the provisions of this section shall be issued in the manner and within the limitations prescribed by law for the issuance and authorization of bonds for such purpose. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

The Government of the United States Virgin Islands, for the purposes of this chapter, may formulate for the Virgin Islands as a whole, and for each community and locality in the Virgin Islands, workable programs for utilizing appropriate public and private resources (including those specified in chapter 61 of Title 19) to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible governmental or community activities as may be suitably employed to achieve the objectives of such workable programs. Such workable programs may include, without limitation, provision for: the prevention of the spread of blight into areas of the community which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of slum and blighted areas or portions thereof; and the provision of safe, decent and sanitary housing, by private or public effort, or a combination of both. History: Added June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Any instrument executed by the Authority, or by the Government of the United States Virgin Islands, purporting to convey any right, title or interest in any property under this chapter, shall be conclusively presumed to have been executed in compliance with this chapter insofar as the title or other interest of any bona fide purchaser, lessee, or transferee of the property is concerned, and shall be entitled to recordation in the appropriate records or registries of the Virgin Islands so as to afford actual or constructive notice thereof. History: Added June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

If at any time title to, or possession of any project is held by any public body or governmental agency authorized by law to engage in the undertaking or carrying out or operation of such projects (including any agency or instrumentality of the United States) the provisions of this subchapter, and of any agreements thereunder, shall inure to the benefit of, and may be enforced by such public body or agency. History: Added June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Compensation In any proceedings in eminent domain to fix or assess just compensation, evidence or testimony bearing upon the following matters shall be admissible, in addition to evidence or testimony otherwise admissible, and shall be considered in fixing such compensation: (1) Any use, condition, occupancy, or operation of such property, which is unlawful or violates, or is subject to elimination, abatement, prohibition or correction, under any law, or regulatory measure, in the Virgin Islands, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety, morals or welfare. (2) The effect on the value of such property of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy or operation. (3) Testimony or evidence that any public agency or officer charged with the duty so to do has rendered, made, or issued any judgment, decree, order, determination, or finding, for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation, which official action shall be prima facie evidence of the existence and character of such use, condition, occupancy, or operation, but shall not be a condition precedent to the admissibility of the evidence or testimony described in subsections (1) and (2) of this section. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

From Execution, Liens Or Taxes; Payments In Lieu of Taxes (a) All property, including funds of the Virgin Islands Housing Finance Authority, shall be exempt from judicial process of every kind, including, without limitation, attachment, levy, execution, and sale by virtue of an execution, and no judgment shall be a lien or charge upon its property or funds: Provided, That the provisions of this subsection shall not apply to or limit the rights of obligees of the Virgin Islands Housing Finance Authority to foreclose or otherwise enforce any mortgage or other security of the Virgin Islands Housing Finance Authority or to pursue any remedies for the enforcement of any lien or pledge given by the Virgin Islands Housing Finance Authority upon its rents, fees, or revenues, or to the rights of the Federal Government to pursue any remedies conferred upon it by Federal law, any contract, or the provisions of this chapter. (b) The property of the Virgin Islands Housing Finance Authority, acquired or held for the purposes of this chapter, is declared to be public property used for essential public and governmental purposes, and such property, and the Virgin Islands Housing Finance Authority, are exempt from all taxes and special assessments of the Virgin Islands or of any taxing authority or body therein: Provided, That with respect to any property acquired or held for the purposes of urban renewal, such tax exemption shall terminate when the Virgin Islands Housing Finance Authority sells, leases, or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not entitled to tax exemption with respect to such property. (c) In lieu of taxes on its housing projects, the Virgin Islands Housing Finance Authority may agree to make such payments to the Government of the United States Virgin Islands, or to any political subdivision thereof as may be specifically designated by law, as it finds consistent, from time to time, with the maintenance of the low-rent character of housing projects, the obligations of the Virgin Islands Housing Finance Authority, and the achievement of the purposes of this chapter. (d) In lieu of taxes on real property in an urban renewal area acquired and owned by the Virgin Islands Housing Finance Authority as part of an urban renewal project, the Virgin Islands Housing Finance Authority may agree, from time to time and with respect to any taxable year, to make to the Government of the United States Virgin Islands, or to any political subdivision thereof as may be specifically designated by law, payments in an amount equal to the ad valorem taxes which would have been levied upon such property if it had been subject to the ad valorem taxes and not exempt therefrom by virtue of subsection (b) of this section: Provided, That in all cases such payments in lieu of taxes shall be prorated for the period during which such property is owned by the Virgin Islands Housing Finance Authority as a part of the urban renewal project. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

The Virgin Islands Housing Finance Authority shall make administrative, maintenance and operating expenditures in accordance with an annual budget, and shall account to the Government of the United States Virgin Islands, in accordance with applicable law, for any funds that may have been furnished to it or appropriated to its use by the Legislature, by any political subdivision of the Virgin Islands, or by any other public body, agency, or instrumentality of the Government of the United States Virgin Islands. The Virgin Islands Housing Finance Authority shall account to the Federal Government at such times as the Federal Government may require, for funds provided by the Federal Government, or derived from the proceeds of any sale of bonds or other obligations secured by a pledge of annual contributions or other financial assistance of the Federal Government, or derived from receipts from its Federally-aided projects or operations, or otherwise derived from or through, or with the cooperation or assistance of the Federal Government. The Federal Government shall, for the purposes of audit and examination, have access to any books, documents, papers, and records of the Virgin Islands Housing Finance Authority pertinent to its operations with respect to financial assistance furnished by the Federal Government. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

Any action of a governing body in carrying out the purposes of this chapter shall be deemed administrative in character, and no public notice or publication need be made, or public hearing held, with respect to such action, except as may be otherwise specifically required in this chapter. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42.

Once a year, at such time as the Governor may determine, the Virgin Islands Housing Finance Authority shall file with the Governor and the Legislature a report of its activities for the preceding year, and shall submit recommendations concerning such additional legislation or other action as it may deem necessary in order to carry out the purposes of this chapter. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

(a) There are validated, ratified, confirmed, approved, and declared legal in all respects, the following: (1) The creation and establishment of the Virgin Islands Housing and Urban Renewal Authority (or of its predecessor agencies), together with all proceedings, acts and things undertaken, performed or done with reference thereto (including the appointment of commissioners, officers and employees). (2) All bonds and other obligations of the Virgin Islands Housing Finance Authority (or of its predecessors) heretofore issued with the approval of the Federal Government for the purpose of financing or assisting in carrying out housing or urban renewal or urban redevelopment projects. (3) All contracts, agreements, and undertakings of the Virgin Islands Housing Finance Authority (or of its predecessors) heretofore entered into with the approval of the Federal Government relating to the financing or assistance for the development, construction, maintenance, operation, and carrying out of any housing or urban renewal or urban redevelopment projects, or to obtaining Federal aid therefor, including, without limitation, loan and annual contributions contracts, loan and grant contracts, leases and contracts with the Federal Government, agreements with municipalities or other public bodies (including agreements that are pledged or to be pledged) for the protection of the holders of any bonds or other obligations of the Virgin Islands Housing Finance Authority, or which are otherwise made a part of the contracts with such holders of bonds or other obligations, relating to cooperation, contribution, grants, or other local participation in aid of housing or urban renewal or urban redevelopment projects, payments (if any) in lieu of taxes, furnishing of community services and facilities, and the elimination of unsafe and insanitary dwellings and of slums, and the contracts for the construction or operation of housing or urban renewal or urban redevelopment projects. (4) All proceedings, actions, and things undertaken, carried out, or performed by the Virgin Islands Housing Finance Authority (or its predecessors) for the purpose described in this section, including all proceedings, acts and things undertaken, carried out, or performed by any municipality of the Virgin Islands or any other public or governmental agency of the Virgin Islands for the same purposes, and to facilitate cooperation with and assistance by the Federal Government. (b) The validation effected by this section shall be in full force regardless of any want of statutory authority or administrative or procedural irregularity, but shall not extend to any malfeasance or misfeasance unrelated to public purposes of the Virgin Islands Housing Finance Authority (or its predecessors) on the part of any person associated with it. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Dec. 5, 1961, No. 799, § 2, Sess. L. 1961, p. 275; Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

All activities and operations of the Authority under this chapter are declared to be public governmental activities and, except as may be otherwise provided in this chapter, the Authority shall be entitled to all the privileges and immunities attributable to the Government of the United States Virgin Islands. Nothing in this chapter shall be construed as exempting the Virgin Islands Housing Authority or the Virgin Islands Housing Finance Authority from any law made specifically applicable to either entity or generally applicable to independent instrumentalities of the Government of the United States Virgin Islands, whether such law was enacted before, on, or after February 14, 1980. History: Amended June 17, 1958, No. 316, § 1, Sess. L. 1958, p. 42; Feb. 14, 1980, No. 4407, § 2(e), Sess. L. 1980, p. 13.

After July 1, 1973, no plan for the establishment of a housing project, as contemplated by this title, shall be approved by the Virgin Islands Housing Finance Authority unless such plan has been drawn in absolute conformity with applicable Minimum Property Standards, whether they be for single or multifamily housing, established for passive and active recreation areas by the Federal Housing Administration (FHA) under the United States Department of Housing and Urban Development (HUD). Conformity hereunder shall be determined by the Virgin Islands Housing Finance Authority. The requirements of this section shall not be subject to exception granted by the Virgin Islands Housing Finance Authority or any other department or agency of the Government of the United States Virgin Islands. History: Added Apr. 24, 1973, No. 3419, Sess. L. 1973, p. 47; amended Apr. 1, 2008, No. 6973, § 10(d), Sess. L. 2007, p. 186.

(a) The Legislature hereby finds and declares: 1. that there exists throughout the Virgin Islands a critical shortage of adequate building lots and housing available for purchase within the economic reach of persons of moderate income; 2. that as a direct result of this shortage, such persons of moderate income are compelled in alarming numbers to live in substandard and crowded dwellings, or pay extremely high rentals for the severely limited amount of adequate housing facilities available from private enterprise or owners; 3. that this lack of decent housing for too many Virgin Islanders has caused severe hardship to result and the continuance of the situation would constitute an intolerable threat to the safety, health and human dignity of our people; 4. that the social and economic well-being and stability of the Virgin Islands community would be vastly improved by a substantial increase in private home ownership; 5. that it is in the public interest, and essential to the public necessity and welfare, in order to encourage home ownership and provide decent housing for persons of moderate income, that there be undertaken the program of home ownership and development set forth in this subchapter; 6. that the taking of property for the purposes of this subchapter is declared to be essential and material for the economic and social advancement and prosperity of the Virgin Islands community. (b) It shall be the purpose of this subchapter to provide for adequate, safe and decent housing for families of moderate income and to stimulate private home ownership in the Virgin Islands through a program of land acquisition and home development. Lands acquired by the Government of the United States Virgin Islands in any manner under this subchapter or any provisions of law supplemental thereto are declared to be acquired for the public utility, convenience and necessity. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205.

As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application or meaning: "Bonds" means all bonds, notes, debentures and any other type or form of instruments of obligations; "Executive Director" means the Executive Director of the Virgin Islands Housing Finance Authority; "Government" means the Government of the United States Virgin Islands, the body politic established by the Revised Organic Act of the Virgin Islands [preceding Title 1]; "Governor" means the Governor of the Virgin Islands; "Legislature" means the Legislature of the Virgin Islands; "Real property" means all lands, easements, rights of way and all fixtures and improvements thereon and all interests of any kind therein or appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens; "Persons or families of moderate income" means those persons or families whose income is larger than the income of "families of low income" or "low-income families" as those terms are defined in 29 V.I.C. § 2(a), but whose income is not sufficient to enable such persons or families to acquire or rent adequate, safe and decent housing, including the purchase of building lots, at the prices prevailing in the Virgin Islands; "Moderate income housing project" means any work or undertaking or activity to provide decent, safe and sanitary urban or rural dwellings, apartments and other living accommodations for persons or families of moderate income. Such work, undertaking or activity may include buildings, land, equipment, facilities, other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers and other sanitary facilities and services, water supply, utilities, parks, site preparation, landscaping, and administrative, community, health, recreational, welfare and similar facilities and services. The term also extends to the planning of buildings and improvements, the demolition of existing structures, the construction, reconstruction, alteration or repair of the improvements and all other work in connection therewith, as well as all other real or personal property and tangible or intangible assets held or used in connection therewith; "Resident" means a person who has been domiciled in the Virgin Islands for at least one year immediately prior to the date of his application for purchase of land and dwelling, or for construction and, under the provisions of section 191i of this title and consistent with 26 USC §937(1)(a) and (b) as amended April 2006. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, § 10(e)(1), (2), Sess. L. 2007, p. 186; amended Aug. 16, 2021, No. 8465, § 9, Sess. L. 2021, p. 56.

The Governor with the approval of the Legislature is authorized to transfer to the jurisdiction of the Virgin Islands Housing Finance Authority, for disposal in accordance with the provisions of this subchapter, any plot or plots of land presently owned or hereinafter acquired by the Government of the United States Virgin Islands, if such land is not needed for any other public purpose. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, § 10(f), Sess. L. 2007, p. 186.

Housing Finance Authority (a) In addition to any other powers conferred upon him by this subchapter or any other provisions of law, the Executive Director of the Virgin Islands Housing Finance Authority, with the approval of the Governor, and on behalf of the Government of the United States Virgin Islands, may: (1) acquire any real property or superficiary house, or any interest or estate herein, by lease, option, purchase, gift, grant, donation, appropriation, bequest, devise or by the exercise of eminent domain, or otherwise, as required for the purposes of this subchapter; (2) pledge, obligate, mortgage or otherwise encumber land, property, revenues, and income acquired or received by the Government for the purposes of this subchapter; Provided, That no indebtedness shall be incurred which may be a general obligation of the Government; (3) acquire by eminent domain any interest in real property, including a fee simple title thereto, which the Executive Director of the Virgin Islands Housing Finance Authority may deem necessary for or in connection with any of the purposes of this subchapter; Provided, That acquisition of land for the purposes of this subchapter shall be approved by the Governor and Legislature. The Governor and the Legislature shall not approve, nor shall the Executive Director of the Virgin Islands Housing Finance Authority initiate any proceeding for the acquisition of real property for such purposes unless (1) the Executive Director of the Virgin Islands Housing Finance Authority and the Advisory Committee have first made a finding and declaration that the acquisition of such property (which shall be generally described in the finding and declaration) is necessary for such purposes and the land is located in a manner which will be most compatible with the greatest public good and the least private injury, and (2) a public hearing has been held in accordance with the provisions of section 191p of this title. (4) for the purposes of this subchapter, sell, transfer, lease or otherwise dispose of any property acquired under the provisions of this subchapter; (5) construct, maintain, and operate such buildings and facilities and improvements as he deems necessary for the purposes of this subchapter; (6) enter into contracts in accordance with procedures set forth by law, and formalize and execute all instruments necessary or advisable in the exercise of the powers granted to him or the Government in carrying out the purposes of this subchapter; (7) in accordance with the provisions of section 191 o of this title enter, upon notice to the owners or holders, or their representatives, on any real property for the purpose of making surveys, studies, or investigations in regard to the nature, conditions and value of such real property; (8) for the purposes of this subchapter, subdivide, allot and reallot designated government acquired land areas in such manner as will provide for the construction of better dwellings and for home development; (9) have prepared such surveys and maps as may be necessary for the distribution and sale of land areas acquired under the provisions of this subchapter; (10) subject to the provisions of this subchapter, appraise and determine the selling price and the installments payable for each separate parcel allotted under this subchapter, basing such selling price in part upon (A) topography, (B) size, (C) accessibility to roads and water and (D) proportionate cost of acquisition; (11) receive applications for land and dwellings, and subject to the provisions of this subchapter, determine the eligibility requirement of persons of moderate income under this subchapter, and make allotments to eligible applicants for the construction of homes, cisterns and/or foundation slabs, until such time as the applicant can qualify for a mortgage loan through private channels; (12) reserve such parts of the government acquired land areas or structures as should be used for roads, water courses, cisterns, catchment areas, or for other public purposes important to any project under this subchapter; (13) adopt, alter, amend, or repeal regulations to govern the Government's policies and activities in general in carrying out the purposes of this subchapter and in exercising and discharging the powers and duties granted to and imposed on him by this subchapter, which regulations or amendments thereof, after approval by the Governor, shall have the force of law. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Feb. 26, 1965, No. 1305, Sess. L. 1965, Pt. I, p. 25; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

History: Repealed. June 24, 1987, No. 5265, §502(h), Sess. L. 1987, p. 62.

History: Repealed. Aug. 16, 2021, No. 8465, § 13(b), Sess. L. 2021, p. 57

History: Repealed. Aug. 16, 2021, No. 8465, § 13(b), Sess. L. 2021, p. 57

(a) The Governor, for and on behalf of the Government of the United States Virgin Islands, is hereby authorized to issue bonds, borrow from public or private trust funds or from government insurance fund for the purposes of procuring monies to be loaned, appropriated, contributed or granted to the Executive Director of the Virgin Islands Housing Finance Authority for the purpose of carrying out the provisions of this subchapter and for use in connection with any moderate income housing project recommended by the Committee; provided that the total amount of funds procured by this subsection shall not at any one time exceed $10,000,000. Bonds to be issued pursuant to the provisions of this subsection shall be issued pursuant to the provisions of subsection 8(b) of the Revised Organic Act of the Virgin Islands, approved July 22, 1954, or any other applicable law which may hereinafter be enacted. (b) The Government may subordinate any mortgage lien held by it to the lien of any person or institution advancing funds for the purposes of this subchapter. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Aug. 8, 1974, No. 3614, § 1, Sess. L. 1974, p. 212; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

Moderate Income Housing; Mortgage Security; Repayments (a) Notwithstanding any other provisions of law, the Board of Trustees of the Employees Retirement System of the Government of the United States Virgin Islands, upon the request of the Governor of the Virgin Islands pursuant to the provisions of section 191h of this title, is authorized to loan, out of the reserves of the said System, exclusive of reserves for cash requirements for current operations, a sum or sums which shall not at any one time exceed $2,000,000 for the purpose of financing moderate income housing projects within the meaning and scope of this subchapter. The loan may be made of the whole amount authorized, or in parts thereof as requested by the Governor. The said Board, upon the request of the Governor, is further authorized to convert reserves of the System currently invested in United States Treasury bonds into cash to the required amount. (b) The loan authorized hereunder shall be made upon appropriate evidence of indebtedness given by the Executive Director of the Virgin Islands Housing Finance Authority to the Employees Retirement System, secured, to the amount outstanding on such loan at any time, by a first priority mortgage or mortgages upon the real property of the Government of the United States Virgin Islands utilized or held for purposes of housing under the provisions of this subchapter, and chapter 2 of this title, including all housing constructed thereon pursuant to the said provisions of law. (c) The principal amount of the loan, together with interest thereon at the rate of 5 percent per annum, shall be repaid to the Employees Retirement System within a period of ten years, in ten equal installments; Provided, That prepayments may be made on all or any part of the balance of the loan at any time on the authorization of the Governor; And, provided further, That partial releases of the mortgaged property will be permitted upon the request of the Governor setting forth the details and circumstances of such requested releases, and upon receipt of payment for property released and in consideration of the relative amount by which the total amount of the loan has been reduced, the Employees Retirement System shall deliver an appropriate release therefor. History: Apr. 18, 1967, No. 1927, § 2, Sess. L. 1967, p. 119; amended July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366; Sept. 1, 1972, No. 3300, Sess. L. 1972, p. 437; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

Responsibilities, Etc., of Commissioner and Employees Retirement System Under Section 191h-1 and Other Sections The Governor is hereby authorized to adopt and amend all such necessary or appropriate rules and regulations, not inconsistent with the provisions of sections 191f, 191h-1 and 191h-2 of this title, and section 3027 of Title 33, for the purpose of coordinating and facilitating the responsibilities and duties of the Commissioner of Finance and of the Executive Director of the Virgin Islands Housing Finance Authority, and of the Employees Retirement System under the provisions of said sections. History: Apr. 18, 1967, No. 1927, § 5, Sess. L. 1967, p. 122; amended Apr. 1, 2008, No. 6973, § 10(h), Sess. L. 2007, p. 186.

(a) The provisions of this section are enacted to facilitate mortgage financing by private financial institutions with respect to any housing covered by this Act. (b) There is created a Housing Insurance Fund which shall be used by the Executive Director of the Virgin Islands Housing Finance Authority as a revolving fund for carrying out the provisions of this section. The Commissioner of Finance is hereby authorized and directed to transfer to such fund the sum of $75,000 from the Moderate Income Housing Fund established pursuant to the provisions of section 3027, Title 33 of the Virgin Islands Code, notwithstanding any limitations on the availability of amounts in such Fund. (c) The Executive Director of the Virgin Islands Housing Finance Authority is authorized, upon the application of the mortgagee, to insure or make commitments to insure any mortgage executed in connection with the sale to residents of the Virgin Islands of housing constructed under contract or contracts with the Federal Government and/or the Government of the United States Virgin Islands or any department or agency thereof, including the Virgin Islands Housing Authority, for any-authorized public housing purpose. To be eligible for insurance under this section (1) the mortgaged property shall be held by a mortgagor approved by the Executive Director of the Virgin Islands Housing Finance Authority (2) the mortgage shall involve a principal obligation in an amount not to exceed 90 percent of the amount which the Executive Director of the Virgin Islands Housing Finance Authority estimates will be the value of the property, when the project is completed, exclusive of off-site public utilities, facilities and streets. (d) The Executive Director of the Virgin Islands Housing Finance Authority is authorized to fix a premium charge for the insurance of mortgages under this section but in the case of any mortgage such charge shall not be more than an amount equivalent to 1 1/2 per centum per annum of the amount of the principal obligation of the mortgage outstanding at any time, without taking into account delinquent payments of prepayments. (e) In any case where a mortgagee under a mortgage insured under this section shall have acquired the mortgaged property from the mortgagor under fault, the mortgagee shall be entitled to receive the benefits of the insurance upon assignment, transfer and delivery to the Executive Director of the Virgin Islands Housing Finance Authority, within a period and in accordance with rules and regulations to be prescribed by the Executive Director of the Virgin Islands Housing Finance Authority, of (1) all right and interest arising under the mortgage so in default; (2) all claims of the mortgagee against the mortgagor or others, arising out of the mortgage transactions or foreclosure proceedings (3) any balance on the mortgage loan not advanced to the mortgagor and (4) all records, documents, books, papers and accounts relating to the mortgage transaction. Upon such assignment, transfer and delivery the obligation of the mortgagee to pay the premium charges for mortgage insurance shall cease, and the Executive Director of the Virgin Islands Housing Finance Authority shall make payment to the mortgagee in accordance with the provisions of the agreement for mortgage insurance. (f) The Executive Director of the Virgin Islands Housing Finance Authority is authorized, subject to the approval of the Governor, to issue such rules and regulations as may be necessary to carry out the provisions of this section. History: Dec. 20, 1967, No. 2084, Sess. L. 1967, p. 535; amended Apr. 1, 2008, No. 6973, §§ 10(g), 17, Sess. L. 2007, p. 186.

(a) All applicants for land and dwellings in a moderate income housing project shall be residents, persons of moderate income, and at least 18 years of age, except for the class of priority purchasers referred to in paragraph (5) of section 191j of this title. Applications shall be made in writing to the Executive Director of the Virgin Islands Housing Finance Authority on forms supplied by the Executive Director of the Virgin Islands Housing finance Authority. All applications shall be indorsed by two persons of good repute. (b) No applicant shall be considered eligible for purchase of land and dwelling if such applicant already owns a home or a building which may be used as a home, other than a superficiary building, and in no event shall an applicant be allotted more than a dwelling on one-half of one acre of land. No applicant having once been allotted a house and plot shall be considered eligible for any additional allotment. An applicant who owns a plot of land may apply for an allotment for construction of a building to be used solely as a home. (c) Notwithstanding any other provisions of this chapter and in the case of extreme hardship, no application for land and a dwelling in a moderate income housing project shall be denied, when such applicant otherwise qualifies, solely on the basis that such applicant already owns one acre of land or less on which a dwelling could be constructed on solely because such applicant is owner of a substandard dwelling. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Feb. 12, 1969, No. 2438, § 1, Sess. L. 1969, p. 90; Nov. 29, 1972, No. 3338, § 1, Sess. L. 1972, p. 511; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

The priority of purchasers of homes shall be in the following order: (1) Residents presently owning and living in superficiary buildings on land or leasing land privately owned or acquired by the Government. (2) Residents presently living in rented homes located in areas privately owned or acquired by the government or who may have applications pending for a specified area. (3) Persons who are veterans of the armed forces of the United States who were either born in the Virgin Islands or inducted from the Virgin Islands and who otherwise qualify under this subchapter. (4) All other residents in accordance with the priority established by date of receipt of the application in proper form. Priority among applications of equal class received on the same day shall be established by drawing lots. United States citizens shall in all cases have priority over noncitizens. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 1964, No. 1144, Sess. L. 1964, p. 120; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186; amended Aug. 16, 2021, No. 8465, § 10(a)-(c), Sess. L. 2021, p. 57.

(a) In the name of the Government of the United States Virgin Islands, and with the approval of the Governor, the Executive Director of the Virgin Islands Housing Finance Authority shall issue contracts for the purchase and sale of land and dwellings provided under this subchapter or issue deeds of conveyance either in fulfilment of a contract or as a cash sale transaction. Power is hereby delegated to the Executive Director of the Virgin Islands Housing Finance Authority to prescribe the terms and conditions of the contract of sale and purchase and deed of conveyance setting forth all of the conditions and restrictions of the purchase as provided in this subchapter, and unless the purchase price is paid in full, the Executive Director of the Virgin Islands Housing Finance Authority shall obtain from the purchaser a note secured by a first mortgage on the property so conveyed. (b) No deed shall be delivered unless the applicant has made an initial payment of at least 5 percent of the purchase price in cash or by certified check. The balance shall be payable pursuant to the note signed by the applicant and secured by the mortgage on the property conveyed. Each mortgage shall provide for installment payments together with interest at a rate to be determined by the Executive Director of the Virgin Islands Housing Finance Authority, commensurate with the current per annum interest rates, amortized monthly or quarterly over a period not to exceed 30 years. Each mortgage and deed shall provide that in the event of a default in any material condition there shall be a defeasance of title which shall immediately revert title to the grantor and mortgagee. Prepayment of installments in multiples of $100 may be made at any time without penalty. (c) Upon delivery of the deed, the applicant shall furnish evidence that he has obtained fire and hurricane insurance covering the premises in amounts deemed adequate by the Executive Director of the Virgin Islands Housing Finance Authority. The policy or policies shall be delivered to the Executive Director of the Virgin Islands Housing Finance Authority. (d) After acceptance of the deed, the purchaser shall be responsible for the payment of all mortgage installments plus interest, taxes, insurance premiums and all other operational or carrying charges. (e) The Executive Director of the Virgin Islands Housing Finance Authority in his discretion and solely for reasons of hardship may: (1) accept less than 5 percent of the purchase price for an initial payment provided a sum equal to at least two years' taxes and insurance premiums figured at current rates is paid in advance and upon delivery of the deed; (2) declare a moratorium of up to 6 months in the payment of mortgage installments including interest by ruling that defaults in installment payments for less than 6 months shall not be deemed "material"; (3) upon default and reverting of title to the grantor and mortgagee, refund up to two-thirds of the principal sum paid by the grantee and mortgagor. (f) An applicant who owns land and is applying only for construction aid shall pay at least 5 percent of the construction cost as estimated by the Executive Director of the Virgin Islands Housing Finance Authority and as provided in subsection (b) hereof. He shall execute a note and mortgage for the balance on forms approved by the Executive Director of the Virgin Islands Housing Finance Authority which shall provide for the payment of monthly or quarterly installments plus interest at the rate of 5 percent per annum. Prepayment without penalty may be made in multiples of $100. He shall provide for the adequate hurricane and fire insurance and deliver the policies to the Executive Director of the Virgin Islands Housing Finance Authority. Thereafter he shall be responsible for all of the charges set forth in subsection (d) hereof. In the event of default in a material condition of said note or mortgage or any other instrument on which the applicant's signature may be required, all sums due the Government may be added to the real property tax bill and collected in like manner. Credit shall be given the delinquent owner in the same manner and on the same terms as set forth in section 191m of this title relating to repurchase except that the delinquent owner shall also receive credit for the fair market value of the land as of the date of the note and mortgage. Any disagreement as to valuation shall be settled as provided in subsection (c) of section 191m of this title. Applicants owning land and receiving construction aid shall be bound by the restraints on alienation and the provisions as to repurchase set forth in section 191m of this title. The Executive Director of the Virgin Islands Housing Finance Authority shall make such restriction a matter of record on forms approved by him. (g) All forms used herein including contract, deed, note, mortgage and otherwise shall be prepared and supplied by the Executive Director of the Virgin Islands Housing Finance Authority who shall also promulgate rules, subject to revision from time to time, as needed, relating to the contents and form of all instruments or documents used or issued pursuant to this subchapter. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Nov. 13, 1968, No. 2349, § 1, Sess. L. 1968, Pt. II, p. 349; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

In the construction of any building pursuant to the provisions of this subchapter, the Executive Director of the Virgin Islands Housing Finance Authority may make available materials, supplies, technical services, surveys and equipment to such applicants and upon such terms and conditions as may be established from time to time by rules and regulations promulgated by the Executive Director of the Virgin Islands Housing Finance Authority and approved by the Governor; Provided, That the value of such materials, supplies and the use of equipment shall be computed and charged to the applicant as a loan. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

(a) Purchasers of allotted land under this subchapter shall not, within a period of 20 years from the date of the deed, lease, sublease, sell or transfer by gift or otherwise the land so allotted without the prior written consent of the Governor. Such restraints on alienation shall not be construed to apply to a devise or other transfers by operation of law brought about by reason of the death of the purchaser. (b) All deeds delivered under this subchapter shall give the Government a first priority option to repurchase the land allotted at the same purchase price plus the value of any improvements made by the owner or his predecessors which increased the value of the real property. The repurchase price shall include the initial payment plus the amount of installments paid on the mortgage, exclusive of interest, plus all taxes paid and less one-third thereof to compensate the Government for administrative expenses. (c) In the event that the owner shall not be satisfied with the valuation of the improvements as determined by the Executive Director of the Virgin Islands Housing Finance Authority, he shall give notice in writing thereof to the Executive Director of the Virgin Islands Housing Finance Authority within 15 days of the receipt of such valuation, and the valuation shall be determined thereafter by a majority vote of the three disinterested appraisers appointed by the District Court upon the application of either party, which valuation shall be final and binding on both parties. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

(a) No dwelling shall be erected by the Government at a cost of more than $25,000 exclusive of the proportional cost of the land. (b) The minimum selling price for a dwelling shall be a sum at least equal to the Government's acquisition cost plus the cost of any additions and improvements. History: Added March 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Nov. 13, 1968, No. 2349, § 2, Sess. L. 1968, Pt. II, p. 349; March 9, 1973, No. 3393, Sess. L. 1973, p. 12.

In the discharge of his duties and responsibilities hereunder, the Executive Director of the Virgin Islands Housing Finance Authority, or his representative, after obtaining permission to do so from the owner or holder, or his representatives, may enter any land or premises, for the purpose of making surveys, taking measurements, or conducting investigations with regard to the nature, conditions and price of such lands or premises for the purposes of this subchapter. Should the owner or holder, or his representative, refuse to grant permission to enter the property for the above-mentioned purposes, the judge of the Superior Court shall, upon presentation to him of an affidavit setting forth the intention of the Government to enter such lands or premises for the stated purposes, issue an order authorizing any official or officials, or employee or employees of the Government to enter the property described in the affidavit, for the purposes mentioned in this section. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

Prior to the acquisition of any lands through the exercise of the power of eminent domain, for the purposes of any moderate income housing project under the provisions of this subchapter, all affected property owners and other interested parties shall be afforded an opportunity, at a public hearing to be called for such purpose by the Executive Director of the Virgin Islands Housing Finance Authority, to present their views with respect to such project. Notice of such hearing shall be published at least once a week for not less than two successive weeks immediately prior to the date of hearing, in at least one newspaper of general circulation in the locality in which the project is to be located. Within 10 days after the conclusion of the public hearings the Executive Director of the Virgin Islands Housing Finance Authority shall consider and act upon the proposed moderate income housing project plan and may, by declaration, adopt the same. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, § 10(g), Sess. L. 2007, p. 186.

In all proceedings for the condemnation of real property under this subchapter, the following procedure shall apply: (a) Notice shall be served by the Executive Director of the Virgin Islands Housing Finance Authority on the property owner or his representative which shall include the following: (1) a declaration of the intention of the Government of the United States Virgin Islands to acquire such property; (2) a statement that such property is deemed to be necessary for the public convenience and utility; (3) an indication that time is of the essence and an emergency exists; (4) an enumeration of supporting acts and data, if any. Such notice shall be approved by the Governor prior to its being forwarded to the property owner or his representative. In the event of a failure to acquire the real property by contract of purchase and sale between the owner and the Executive Director of the Virgin Islands Housing Finance Authority or their representatives within 60 days from the date of receipt by the property owner or his representative of such notice, the Executive Director of the Virgin Islands Housing Finance Authority or his representative or any authorized employee of the Virgin Islands Housing Finance Authority may enter upon and take possession of said real property in the manner provided in section 420 of Title 28, upon filling of a complaint in condemnation proceedings with the District Court as approved by Rule 71.1(a) of the Federal Rules of Civil Procedure. (b) Additional testimony to fix compensation for the taking shall be admissible in accordance with the provisions of section 181 of this title. History: Added Mar. 27, 1963, No. 991, Sess. L. 1963, p. 205; amended Apr. 1, 2008, No. 6973, §§ 10(g), 17, Sess. L. 2007, p. 186.

History: Repealed. Apr. 1, 2008, No. 6973, §18, Sess. L. 2007, p. 190.

History: Repealed. Apr. 1, 2008, No. 6973, §18, Sess. L. 2007, p. 190.

The Legislature finds that there exists currently within the Virgin Islands a serious emergency with respect to the housing of a large number of persons and families, who, because of circumstances beyond their control, are being obliged to vacate premises rented by them for their homes and who are unable to find other housing accommodations. It is the objective of sections 201 - 205 of this title to provide relief for such persons and families through the provisions of emergency housing. The Legislature also finds that inasmuch as the problems of homelessness are best addressed by a collaborative effort to carry out the policies and priorities in conjunction with the non-profit, private and faith-based organizations that regularly serve these residents, it is the objective of sections 201 through 205 to: (1) plan and coordinate with the local and federal governments and non profit, private organizations activities and programs to assist homeless people and make policy changes to improve such assistance; (2) monitor and evaluate assistance to homeless persons provided by all levels of government and the private sector, with specific emphasis on emergency housing; (3) ensure that the necessary technical assistance is provided to help community and other organizations effectively assist homeless persons; and (4) disseminate information on federal resources available to assist the homeless population. History: Dec. 17, 1958, No. 361, § 1, Sess. L. 1958, p. 163; amended Apr. 1, 2008, No. 6973, § 11(a), Sess. L. 2007, p. 186.

As used in sections 201 - 205 of this title, "emergency housing" shall mean structures designed to provide decent, safe and sanitary living accommodations for persons and families in circumstances as described in section 201 of this title, and, in addition to buildings, shall include necessary equipment, sanitary facilities and services, water supply and utilities therefor. "Virgin Islands Interagency Council on Homelessness" means the non-profit council established in 2003, consistent with regulations promulgated by the Secretary of the U.S. Department of Human Services, whose members include the V.I. Solicitor General, Attorney General of the Virgin Islands, Commissioners of the Virgin Islands Department of Human Services and the Department of Labor, Executive Director of the Virgin Islands Housing Finance Authority, President of the Legislature, and representatives from the Virgin Islands hospitals, Senior Citizen Affairs, Veterans Affairs, American Red Cross, Catholic Charities, University of the Virgin Islands and others. History: Dec. 17, 1958, No. 361, § 2, Sess. L. 1958, p. 163; amended Apr. 1, 2008, No. 6973, § 11(b), Sess. L. 2007, p. 187.

Persons; Construction On Lands Held In Fee Simple (a) The Virgin Islands Housing Finance Authority in conjunction with the V.I. Interagency Council on Homelessness and the Commissioner of the Department of Human Services shall cooperate in the preparation of plans, construction and maintenance of buildings, and administration of emergency housing to be made available for the accommodation of persons or families living in homes unfit for human habitation, or who are dispossessed from, or obliged to vacate premises in circumstances where: (1) such eviction is ordered by a court of competent jurisdiction; (2) the tenant voluntarily surrenders possession of the premises upon the request of the owner or person entitled to possession, and such eviction is ordered or request made upon lawfully recognized grounds other than those specified in sections 840(a)(3) and 840(a)(4) of Title 28; or, (3) the premises are ordered demolished or vacated in accordance with law by a governmental authority, department or agency authorized by law to so order. (b) In cases where the person or family referred to in subsection (a) of this section owns fee simple title to land on which a home may be constructed, provisions may be made, with the approval of the Governor for the construction or erection of an adequate building on said land, under the Emergency Housing Program to be paid for by said person or family in accordance with rules and regulations promulgated by the Governor which shall include such matters as financing, security, and other safeguards; Provided, That no building so constructed by the Government shall be sold for less than actual cost, including all necessary charges; And provided further, That a period not exceeding 25 years shall be allowed for full payment of the purchase price. History: Dec. 17, 1958, No. 361, § 3, Sess. L. 1958, p. 163; amended May 26, 1961, No. 686, § 1, Sess. L. 1961, p. 39; Apr. 1, 2008, No. 6973, § 11(c), Sess. L. 2007, p. 187.

For the purpose of providing sites for emergency housing under sections 201 - 205 of this title, the Governor is authorized to use any available lands or buildings owned by the Government of the United States Virgin Islands, not otherwise devoted to a public use, or to acquire by lease, purchase, exchange, donation, devise, or by the exercise of eminent domain, other lands or buildings for such purposes. The acquisition of land or buildings under the provisions of this chapter is hereby declared to be for a public use. History: Dec. 17, 1958, No. 361, § 4, Sess. L. 1958, p. 164; amended Oct. 27, 1961, No. 784, Sess. L. 1961, p. 234.

The Governor shall cause to be issued, through the Executive Director of the Virgin Islands Housing Finance Authority in conjunction with the Virgin Islands Interagency Council on Homelessness and the Commissioner of the Department of Human Services, rules and regulations, not inconsistent with law or other rules and regulations, authorized by law, for carrying into effect the purposes of sections 201 - 205 of this title, including the establishment of standards of eligibility for admission to, and occupancy of, emergency housing, and rents and charges therefor and providing for ongoing analyses of the homeless population and an action plans that must be updated bi-annually which include specific projects, costs, and measurable results. History: Dec. 17, 1958, No. 361, § 5, Sess. L. 1958, p. 164; amended Apr. 1, 2008, No. 6973, § 11(d), Sess. L. 2007, p. 187.

There is hereby appropriated from any available balances in the General Fund of the Treasury of the Virgin Islands the sum of $150,000 which shall be transferred by the Governor out of the General Fund and deposited in the Special Fund in a Sub-Account to be known and designated as the "Emergency Housing Fund". History: June 10, 1959, No. 464, § 1, Sess. L. 1959, p. 69.

Construction Emergency Housing Fund shall be expended, in the discretion of the Governor: 1. for construction and operation of emergency housing as authorized in sections 201 - 205 of this title; and 2. for stimulation of private home construction through such programs or activities as the Governor may authorize and by such departments or agencies as he may designate. 3. for improvements, including but not limited to retaining walls, roadways, steps and terraces, landscaping and drainage, to housing developments under the jurisdiction of the Virgin Islands Housing Finance Authority as the Executive Director of the Authority may, in his discretion, determine. History: June 10, 1959, No. 464, § 2, Sess. L. 1959; p. 70; amended Nov. 15, 1971, No. 3141, Sess. L. 1971, p. 378; Apr. 1, 2008, No. 6973, § 11(e), Sess. L. 2007, p. 188.

All rentals or other revenues of the emergency housing program, and all collections resulting from activities for the stimulation of private home construction, shall be deposited in the Emergency Housing Fund and shall there be available for expenditure for the purposes of the Fund set forth in sections 206 - 209 of this title. History: June 10, 1959, No. 464, § 3, Sess. L. 1959, p. 70.

History: Repealed. Oct. 30, 1970, No. 2872, Sess. L. 1970, p. 358.

In accordance with the standards prescribed in sections 209a - 209h of this title, occupants of single-family emergency housing units shall be eligible for a first priority to purchase said units. History: Mar. 26, 1963, No. 986, § 1, Sess. L. 1963, p. 199.

Only those occupants who are issued certificates of eligibility shall be entitled to a first priority to purchase single-family housing units. History: Mar. 26, 1963, No. 986, § 2, Sess. L. 1963, p. 199.

Before a certificate of eligibility shall be issued, the Executive Director of the Virgin Islands Housing Finance Authority in conjunction with the chairperson of the V.I. Interagency Council on Homelessness shall review the willingness of an occupant to purchase a single-family housing unit together with his ability to make the required payments. History: Mar. 26, 1963, No. 986, § 3, Sess. L. 1963, p. 199; amended Apr. 1, 2008, No. 6973, § 11(f), Sess. L. 2007, p. 188.

The Executive Director of the Virgin Islands Housing Finance Authority with the approval of the Governor is authorized with respect to the sale of emergency housing units: to issue certificates of eligibility as provided in sections 209a - 209h of this title; to fix the purchase price which shall be fair and reasonable taking into consideration among other factors the cost of the land, the cost of construction and depreciation which has occurred; to apply the rents, paid by the eligible occupant on the unit that he is purchasing, to the purchase price; to issue rules and regulations to implement the purpose of sections 209a - 209h of this title; to execute deeds of conveyance in accordance with the provisions of sections 209a - 209h of this title. History: Mar. 26, 1963, No. 986, § 4, Sess. L. 1963, p. 199; amended July 18, 1968, No. 2294, § 1a, Sess. L. 1968, Pt. II, p. 242; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) The purchaser shall have the option to purchase the premises for cash or by a promissory note secured by a first priority mortgage on the premises. (b) The Executive Director of the Virgin Islands Housing Finance Authority may insert in the deed customary provisions which he deems advisable, but every deed shall prohibit the lease, sublease, sale or transfer by gift, or otherwise, of the emergency housing unit for a period of 20 years from the date of the delivery of the deed without the prior written consent of the Executive Director of the Virgin Islands Housing Finance Authority. The restraints upon alienation contained in this subsection shall not be construed to apply to a devise or other transfer by operation of law brought about by reason of the death of the purchaser. (c) The first priority mortgage shall contain such provisions as the Executive Director of the Virgin Islands Housing Finance Authority deems necessary to protect the interests of the Government and shall contain the following minimum provisions: (1) A provision permitting payment of the balance due under the mortgage in equal monthly installments over a period not to exceed 20 years; and (2) A provision requiring the purchaser to pay interest at 4 percent per annum on the unpaid balance due under the mortgage; and (3) A provision requiring the purchaser to secure and assign to the Government of the United States Virgin Islands insurance against fire and windstorm in an amount equal to the original amount of the mortgage; and (4) A provision requiring the purchaser to maintain the premises in good repair; and (5) A provision requiring the purchaser to covenant against committing waste on the premises; and (6) A provision requiring the purchaser to covenant against permitting liens to attach to the premises; and (7) A provision permitting the Government of the United States Virgin Islands to enter and inspect the premises at all reasonable times but only for the purpose of insuring compliance with the terms of the mortgage; and (8) A provision permitting the Executive Director of the Virgin Islands Housing Finance Authority, with the approval of the Governor, to declare a moratorium of up to 3 months in payment due under the lease; and (9) A provision allowing prepayment of installments without penalty. History: Mar. 26, 1963, No. 986, § 5, Sess. L. 1963, p. 200; amended July 18, 1968, No. 2294, § 1b, Sess. L. 1968, Pt. II, p. 243; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

An eligible occupant may elect to purchase the premises for cash or at any time after the execution of a contract of lease with an option to purchase, but the deed of conveyance shall prohibit the lease, sublease, sale or transfer by gift, or otherwise, of the emergency housing unit for a period of 20 years from the date of the cash sale or the date of the execution of the contract of lease with option to purchase, as the case may be, without the prior written consent of the Executive Director of the Virgin Islands Housing Finance Authority. The restraints upon alienation contained in this subsection shall not be construed to apply to a devise or other transfer by operation of law brought about by reason of the death of the lessee or the purchaser. History: Mar. 26, 1963, No. 986, § 6, Sess. L. 1963, p. 201; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

No contracts shall be executed, nor shall any deeds be issued unless the Executive Director of the Virgin Islands Housing Finance Authority finds and certifies to the Governor that there are a sufficient number of multiple-family housing units available for the continued operation of the emergency housing programs. History: Mar. 26, 1963, No. 986, § 7, Sess. L. 1963, p. 201; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) [Repealed.] (b) Nothing contained in sections 209a - 209h of this title shall be construed or interpreted to require the Commissioner in making an initial assignment under the emergency housing program to choose between assignment of an occupant to a single-family unit or assignment of an occupant to a multiple-family unit. History: March 26, 1963, No. 986, §§ 8, 9, Sess. L. 1963, p. 201; amended July 18, 1968, No. 2294, § 1c, Sess. L. 1968, Pt. II, p. 244.

Lessees of emergency housing under the provisions of this chapter shall be eligible for a first priority to purchase housing units in any Government-sponsored housing project wherein housing units are available for sale. History: Added Sept. 11, 1969, No. 2542, Sess. L. 1969, p. 266.

As used in this chapter: "Housing for elderly persons" means multifamily rental accommodations and related facilities meeting the qualifying standards for FHA insured mortgages under the provisions of section 207 of the National Housing Act (12 U.S.C. sec.1713) and regulations thereunder. "Non-profit corporation" shall mean a corporation organized under the provisions of chapter 3 of Title 13, and authorized to construct, establish, operate, administer, and lease or otherwise dispose of housing for elderly persons and related facilities. History: Jan. 8, 1959, No. 386, § 1, Sess. L. 1958, p. 190.

Payments The Governor of the Virgin Islands is hereby directed and authorized, on behalf of the Government of the United States Virgin Islands to: (a) Contract engineering and architectural services for the selection of sites, preparation of surveys and plans, and construction cost estimates for housing for elderly persons, and to make such plans, surveys and estimates available without cost to a non-profit corporation. (b) Enter into an agreement or agreements with a non-profit corporation for the lease and/or purchase of housing for elderly persons and related facilities, constructed or established by such non-profit corporation. (c) Guarantee payment of notes or other legal instruments executed by such non-profit corporation and required by the Federal Housing Commission in connection with a loan insured by the commission and made for the purpose of financing the construction of housing for elderly persons; and to make payments thereon in behalf of such a non-profit corporation on such terms and conditions and for such consideration as may be required by the Governor and accepted by the non-profit corporation. History: Jan. 8, 1959, No. 386, § 2, Sess. L. 1958, p. 190.

Any agreement or agreements made under the provisions of paragraph (b) of section 212 of this title, shall be subject to approval by the Legislature. History: Jan. 8, 1959, No. 386, § 3, Sess. L. 1958, p. 190.

There is hereby authorized to be appropriated from time to time by the Legislature, such sums as may be necessary to carry out the purposes of this chapter. History: Jan. 8, 1959, No. 386, § 4, Sess. L. 1958, p. 191.

The objective of the Zoning Law is to establish standards and policies concerning development of land which may be used in helping to achieve the goals of a General Development Plan for the Virgin Islands. Goals for development of the Islands are expressed in many ways through programs and policies on such matters as land use, taxation, capital improvements, urban renewal, public services and other matters which require public decision. It is intended that standards and policies established by the Zoning Law reflect and express a sense of community value toward its physical environment including the value appearance and congenial arrangement for conduct of trade, industry, residence and other uses of the land necessary to the community's well-being, insofar as such values can be related to the broadest goals of the general community development plan. It is further intended that the zoning districts established by this law shall be implemented in accordance with a comprehensive land use plan and policy whereby the location of each district shall be made with reasonable consideration to the character of the district and its peculiar suitability. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 260.

The purpose of this law is the promotion of the health, safety, morals and general welfare of the community by establishing regulations and conditions governing the erection and use of buildings and other structures and the use of land and water for trade, industry, residence and other specified purposes; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue congestion of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements of the community; by dividing the Islands into districts; defining certain terms; designating the kind and classes of trade, industry, residences and other purposes for which buildings and other structures may be permitted to be erected, constructed, reconstructed, altered, repaired, or used in such districts; regulating and limiting lot occupancy and population density; providing minimum size yards and other open spaces; establishing off-street parking and loading requirements; continuing a Board of Zoning, Subdivision and Building Appeals; defining the powers and duties of said Board and appeal procedures; defining the functions of the Virgin Islands Planning Office in relation to zoning amendments and planned developments; and providing a penalty for the violation of this law. It is the further purpose of this law to encourage and facilitate the development of housing affordable to persons of low and moderate income by providing incentives for private persons to produce residential housing developments which include affordable housing units. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 261; amended Mar. 19, 1990, No. 5523, § 4, Sess. L. 1990, p. 54.

The Virgin Islands, consisting of the Islands of St. Thomas, St. Croix and St. John and all other islands within the jurisdiction of the Virgin Islands, are divided into eighteen (18) districts (not all of which are found on each of the Islands), as follows: 1. A-1 Agricultural District 2. A-2 Agricultural District 3. R-1 Residence-Low Density 4. R-2 Residence-Low Density 5. R-3 Residence-Medium Density 6. R-4 Residence-Medium Density 7. R-5 Residence-High Density 8. B-1 Business-Central Business District 9. B-2 Business-Secondary 10. B-3 Business-Scattered 11. B-4 Business-Residential Areas 12. C Commercial 13. I-1 Industry-Heavy 14. I-2 Industry-Light 15. W-1 Waterfront-Pleasure 16. W-2 Waterfront-Commercial-Industrial 17. P Public 18. S Special History: Added Aug. 8, 1972, No. 3284, § 2, Sess. 1972, p. 261; amended Dec. 7, 1982, No. 4772, § 2(a), Sess. L. 1982, p. 249.

Zoning maps (a) The boundaries and identification of the Zoning Districts established by this law are shown on the Zoning District Maps identified as Document Numbers STZ-1 to 11, SCZ-1 to 20, SJZ-1 to 7, and OIZ-1, inclusive, which are filed in the office of the Lieutenant Governor (with copies in the offices of the Virgin Islands Planning Office). Such maps are hereby declared to be part of this law as fully as if set out herein. No building or land shall be used and no building shall be erected or altered except in conformity with the regulations herein prescribed for the district designated and identified on the Zoning District Map in which such building, land or water is located. Documentation of zoning district maps (b) The Zoning District Maps shall consist of two (2) identical copies at the time of their adoption. One (1) copy shall be identified as "original copy" and shall not be changed or altered in any manner. The second copy shall be identified as "amendment copy" and shall be kept up-to-date with all subsequent amendments and changes in zoning district boundaries and zoning designations by substituting an amended map for the original map in the "amendment copy". Any law amending any zoning district map shall be identified by number and date of adoption on the map so amended. Interpretation of zoning district maps (c) (1) Zoning district boundaries are shown as heavy solid lines upon the Zoning District Maps and are superimposed upon lighter lines designating Estate lines, platted lot lines, streets and other physically identifiable ground features or extensions of same unless other specific distances in feet or angles, bearings, radii and other references to a boundary location are specified. (2) Zoning District boundary lines when located in streets or other public rights-of-way (guts) shall be interpreted as located in the center line of such rights-of-way. When distances in feet are shown between a Zoning District boundary and a street, the distance shall be interpreted as between the boundary line and the street line unless otherwise specified. (3) Boundary lines which are interrupted to show street names or other identification numbers or letters upon the Zoning Maps shall be interpreted as extending through such identification unless otherwise specified. (4) When the exact location of a Zoning District boundary line is not clear, it shall be determined by the Zoning Administrator, due consideration being given to location as indicated by the scale of the Zoning District Maps. When, for any cause, the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the Zoning Administrator may apply the district designations on the map to the streets on the ground in such manner as to conform to the intent and purpose of this law. (5) Where a Zoning District boundary line, shown on the Zoning District Map, divides a lot of record at the time of the adoption of this law, the regulations applying to the district which permits the greater density or intensity of land use activity shall be construed as extending to the entire lot, provided that such extension shall not include any part of such lot more than fifty (50) feet beyond the district boundary line. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 262.

General provision (a) All words used in the present tense include the future tense. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "building" includes the word "structure". The word "lot" includes the word "plot". The word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed, intended, or arranged to be used". Unless otherwise specified, all distances shall be measured horizontally. Specific provisions (b) As used in this subchapter, unless the context otherwise requires, the following words and phrases shall have the meanings assigned them herein: (1) Accessory building. A subordinate building or a portion of a main building, the use of which is incidental to that of the main building and which is located on the same lot as the main building. (2) Accessory building (residential). A subordinate building attached to or detached from the main building and used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or the sale of a service. Accessory buildings include but are not limited to an automobile storage garage, laundry room, garden shelter, hobby room and mechanical room. (3) Accessory use. A use of land or a portion of the building customarily incidental to the actual principal use of the land or building and located on the same parcel of property with such principal use. (3A) "Affordable housing" means, with respect to living accommodations, a dwelling unit for which a household pays, with regard to a unit for sale, not more than the "applicable percentage" (determined by the VIHFA) of gross income for mortgage payments, property taxes, insurance and homeowners association fee, if any, and, with regard to a rental unit, not more than the "applicable percentage" of gross income for all shelter costs including utilities. The "applicable percentage" for purposes of this definition may be established by the VIHFA in a manner consistent with the various Federal housing programs designed to assist low and moderate income households. (3B) "Affordable housing development agreement" means one or more agreements executed between and among an Applicant for a development permit for affordable housing, the VIHFA and the Zoning Administrator providing for development of affordable housing units in accordance with an affordable housing development plan. (3C) "Affordable housing development plan" means a plan submitted to the VIHFA, the Authority, the Legislature and the zoning Administrator in connection with a request for a development permit for affordable housing. (3D) "Affordable housing program" or "Program" means the Government's program adopted pursuant to the Low and Moderate Income Affordable Housing Act of 1990, as from time to time amended, to facilitate development of affordable housing in the United States Virgin Islands. (3E) "Authority" means the Public Finance Authority of the United States Virgin Islands. (3F) VIHFA means the Virgin Islands Housing Finance Authority as created by section 103 of Title 21, Virgin Islands Code. (4) Agricultural processing plant. A facility designed for the primary or complete processing of agricultural products which, by reason of bulk or perishable nature or both, should reasonably be pr103 of Title 21, Virgin Islands Codegin, but not including commercial slaughtering of animals or rum distillation. (5) Agricultural use. Cultivation of the ground, including harvesting crops and rearing and management of livestock; tillage; husbandry; farming; horticulture and forestry. (6) Alley. A passage or way open to public travel, affording a secondary means of access to abutting property, but not generally intended for general traffic circulation. (7) Alterations. Any change, addition, or modification or type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders; or any change which may be referred to herein as "altered" or "reconstructed". (8) Amusement parks, children's. A group of not more than a total of twelve (12) amusement devices for children only, including pony rings, and their accessory uses, located on a plot of ground with an area of not over three (3) acres, which area shall include provisions for off-street parking. (9) Apartment. A room or suite of rooms, within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities which are used or intended to be used for living, sleeping, and cooking. (10) Apartment hotel. An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. (11) Apartment house. Any building or part thereof, occupied, or intended to be occupied as the residence of more than four (4) families living independently of each other and each with facilities which are used or intended to be used for living, sleeping, and cooking in said building. (12) Automobile laundry. A building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices. (13)Automobile service station. A building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water and other operating commodities for motor vehicles, aircraft, or boats and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, minor repair or servicing but not including bumping, body repair, painting, refinishing, steam cleaning and rust proofing where the primary use of the premises is such, or high speed washing thereof. (14) Auto wrecking. The collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. (15) Basement. A story partly underground and having at least one-half (½) of its height above ground. (16) Block. The property abutting one side of a street and lying between the two (2) nearest intersecting streets, or between the nearest such street and unsubdivided acreage, watercourse or body of water; or between any of the foregoing and any other barrier to the continuity of development. (17) Boarding house. A dwelling where meals or lodging and meals are provided for compensation to five (5) or more persons by pre-arrangement for definite periods. A boarding house is to be distinguished from a hotel. (18) Buildable area. The buildable area of a lot is the space remaining after the minimum open space requirements of this subchapter have been complied with. (19) Building. Any structure having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or goods. When any portion thereof is completely separated from every other portion by masonry or a fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building. (20) Building, principal. A building in which is conducted the principal use of the lot on which it is situated. (21) Building line. A line established, in general parallel to the front street line between which and the front street line no part of a building shall project, except as otherwise provided in this chapter. (22) Carport. Space for the housing or storage of motor vehicles and enclosed on not more than (2) sides by walls. (23) Car wash. See "Automobile laundry". (24) Cay. A small off-shore island. (24A) Cellar. A portion of a building having more than one-half (½) of its height below ground. (25B) Channel, drainage. A large natural or constructed waterway, ordinarily lined to speed, control, and conduct the flow of water (not to be confused with a sea or bay channel). (26) Clubhouse. A building to house a club or social organization not conducted for private profit and which is not an adjunct to or operated by or in connection with the public tavern, cafe or other public place. (27) Condominium. A form of ownership of property usually where the purchaser acquires title to a part of a building and/or a portion of land, and undivided interest in the common areas and facilities, as distinguished from a cooperative where the purchaser usually acquires stock which represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living rooms with individual baths and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit or a separate hotel room for the purposes of this subchapter. (28) Conversion. Change of use or purpose to which a structure or building is put. (29) Density. The number of persons residing on, or family units developed on an acre of land. In determining the number of persons occupying a particular unit, the following table of persons per unit shall be used: Efficiency apartment one and one-half (1½) persons 1 bedroom apartment two (2) persons 2 bedroom apartment three (3) persons 3 or more bedrooms four (4) persons Hotel rooms one and one-half (1 ½) persons (30) District, zoning. A portion of the Islands of St. Thomas, St. Croix or St. John and all other properties within the jurisdiction of the Virgin Islands within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this subchapter, or within which certain yards and other open spaces are required or within which certain lot areas are established, or within which a combination of such aforesaid conditions are applied. (31) Drive-in establishment. A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicle or else intended to permit consumption in the motor vehicle of food or beverages obtained by a patron from said business establishment. (Restaurants, cleaners, banks, theaters, etc.) (32) Dwelling. A building occupied or intended to be occupied exclusively for residence purposes by not more than four (4) families. (33) Dwelling, attached. A dwelling having any portion of each of two walls in common with adjoining dwellings. (34) Dwelling, detached. A dwelling which is entirely surrounded by open space on the same lot. (35) Dwelling, group. A group of two (2) or more detached or semi-detached one-family, two-family or multiple dwellings, occupying a parcel of land in common ownership and having yards or courts in common. (36) Dwelling, multiple. A building or portion thereof, used or designed as a residence for three (3) or more families living independently of each other and each with facilities which are used or intended to be used for living, sleeping, and cooking in said building. This definition includes apartment houses but does not include hotels, automobile courts, trailers or mobile home camps or parks or tourist camps. (37) Dwelling, row. A row of three (3) or more attached single family dwellings not more than two and one-half (2 ½) stories in height. (38) Dwelling, semi-detached. A dwelling having any portion of one wall in common with an adjoining dwelling. (39) Dwelling, single family. A detached building designed for or occupied exclusively by one (1) family. (40) Dwelling, two-family. A detached building, designed for or occupied exclusively by two (2) families living independently of each other. (41) Dwelling unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, and cooking. (42) Efficiency dwelling unit. A dwelling unit consisting of one (1) room exclusive of bathroom, kitchen, hallway, closets, or dining alcove whether or not directly off the principal room. (43) Erected. The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving and the like shall be considered a part of erection. (44) Essential services. The erection, construction, alteration, or maintenance by public utilities, or government departments and agencies of underground, surface or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, collection, supply, or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience and welfare. (45) Family. One (1) person or group of two (2) or more persons living together and inter-related by bonds of kinship, marriage, mutual consent, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common set of cooking facilities. The persons thus constituting a family may also include foster children, gratuitous guests and domestic servants. (46) Floor area. The floor area of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes but need not include a basement or portion of a basement used for storage or housing of mechanical equipment or the basement apartment of a custodian in a multi-family dwelling, except that portion of said custodian's dwelling unit which is in excess of fifty (50) percent of the total basement area. (47) Floor area, usable. Any floor area within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches and accessory buildings. (48) Floor area ratio (F.A.R.). The "floor area ratio" of the building or buildings on any zoning lot is the floor area of the building or buildings on that zoning lot divided by the area of such lot, or in the case of planned developments, by the net size area. Where off-street parking is provided in the principal building or in a building on a lot across a street or alley from the principal building, the area of the lot upon which such building providing off-street parking is provided may be included in determining the permitted floor area of the principal building. Space provided within a building for off-street parking shall not be counted in determining the floor area of such building. (49) Gade. The Danish name for street. (50) Garage, community. A garage used for the storage of vehicles for occupants of lots in the same or adjacent block or blocks, and providing only incidental services to such vehicles as are stored therein. (51) Garage, private. An accessory building used only for the storage of self-propelled vehicles for the use of occupants of a lot on which such building is located with a capacity of not more than three (3) motor driven vehicles. The foregoing definition shall be construed to permit the storage on any one (1) lot within such garage, for the occupants thereof, of not more than one (1) commercial vehicle. Not more than one (1) space may be rented for a passenger vehicle. (52) Garage, public. Any premises except those described as a private or community garage, used principally for the storage of automobiles, cars or motor driven vehicles, for remuneration, hire or sale, where any such vehicle may also be equipped for operation or repaired. (53) Grade. The established grade of the street or sidewalk as prescribed by the Department of Planning and Natural Resources. Where no such grade has been established, the grade shall be the average elevation of the sidewalk at the property line. Where no sidewalk exists, the grade shall be the average elevation of the street adjacent to the property line. (54) Guesthouse. See "Hotel & guesthouses". (55A) Gut. A natural or constructed waterway or any permanent or intermittent stream. (55B) Gutter. A constructed waterway, usually along a street curb, to collect and conduct street surface water. (55C) Height of building. The vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, to the mean height level between the eaves and ridge for hip, gabled and gambrel roofs. (56) Home occupation. Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, including consultation by such professionals as a physician, dentist, lawyer, architect, engineer or clergyman, and excluding such uses as a real estate broker, tea rooms, cafes, and animal hospital. A home occupation will not display or advertise any commodity or service for sale on the premises, nor will it involve the employment of more than one person other than a member of the immediate household. (57) Hotels & guesthouses. Any building containing more than five (5) guest rooms used, or intended to be used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor or otherwise. It does not include buildings in which sleeping accommodations are provided for persons who are harbored or detained to receive medical, charitable or other care or treatment or provided for persons who are involuntarily detained under legal restraint. (58) Junkyard. A lot, land or structure, or part thereof, used primarily for the collecting, temporary storage and sale of waste paper, rags, scrap metal or discarded metal, other than used building materials. (59) Laboratory. A place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not permitted within this definition. (60) Loading space. An off-street space on the same lot with a building or group of buildings for temporary parking for a commercial vehicle while loading and unloading merchandise or materials. (61) Lodging house. A "lodging house" or rooming house is a building other than a hotel where lodging is provided for five (5) or more persons for compensation pursuant to previous arrangements but not open to the public or transients and meals and drinks are not served. (62) Lot. A plot, parcel or tract of land occupied or proposed to be occupied by a building and the accessory building or uses customarily incident to it, including at least such open spaces as are required by this subchapter and such open spaces as are arranged and designed to be used in connection with such building and having its principal frontage on a street or place or with access thereto. (63) Lot, corner. A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street and any two (2) chords of which form an angle of one hundred twenty (120 degrees) degrees or less. The point of intersection of the street lot lines is the "corner". In the case of a corner lot with curved street lines, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (64) Lot, interior. A lot other than a corner lot. Any portion of a corner lot more than one hundred fifty (150) feet from the "corner" measured along a front street lot line shall be considered an interior lot. (65) Lot, through. An interior lot having frontages on two (2) streets as distinguished from a corner lot. (66) Lot, zoning. A "zoning lot or lots" is a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A "zoning lot or lots" may or may not coincide with a lot of record. (67) Lot coverage. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures. (68) Lot line, front. In the case of a lot abutting upon one street, the front lot line shall mean the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this subchapter, have the privilege of electing any street lot line as the front lot line, providing that such choice in the opinion of the Zoning Administrator will not be injurious to the existing or to the desirable future development of adjacent properties. (69) Lot line, rear. Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot line. (70) Lot width. The mean horizontal distance between the side lines, measured at right angles to the side lot line. Where side lot lines are not parallel, the lot size shall be considered as the average width between such side lot lines. (71) Mobile home. Any dwelling, trailer or unit designed and constructed for living or sleeping purposes which is equipped with wheels or similar devices for the purpose of transporting the unit, and such unit shall be considered a mobile home whether or not the wheels have since been removed and whether or not ultimately set on jacks, masonry blocks or other foundation, with or without skirtings. (72) Mobile home park. Any place, area or tract of land maintained, offered or used for the parking of three (3) or more mobile homes used or intended to be used for living or sleeping purposes. (73) Mobile home space. That portion of land in a mobile home park allotted or designed for accommodation of one (1) mobile home. (74) Night club. An establishment which has a capacity for at least thirty (30) persons seated at tables and the bar, and which employs a bartender and which maintains table service and dancing and/or other live entertainment for the guests. (75) Nonconforming use. Any use of land or building which does not conform at the time of the adoption of this subchapter to the use regulations for the district in which it is situated. (76) Nursing home, rest home or convalescent home. A private home for the care of five (5) or more children, aged or infirm persons, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of injury. (77) Open space, usable landscaped. Usable landscaped open space shall consist of that space on the same lot as the principal building which is either landscaped with shrubs or planted with grass and excludes that portion of the lot which is utilized for off-street parking purposes. (78) Parking space. An area of not less than eight and one-half (8 ½) feet by eighteen (18) feet long for compact automobiles or motor vehicles or nine (9) feet wide by eighteen (18) feet long for each mid- size or larger automobile or motor vehicle for each automobile or motor vehicle, such space being exclusive of necessary drivers, aisles, entrances, or exits and being fully accessible for the storage of parking or permitted vehicles. (79) Planned area development. A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least five (5) acres in area. (80) Public utility. Any person, firm, corporation, governmental department or board, duly authorized to furnish under government regulations to the public, electricity, gas, communications, transportation or water. (81) Rooming house. See "Lodging house". (82) Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. (83) Quarrying and associated activities. Operations which primarily involve surface mining or quarrying of non-metallic minerals such as dimension stone, crushed and broken stone, including riprap, and sand and gravel pits. Well operations and primary preparation plants of quarried material for construction and other special uses are also included. (84) Sign. Anything whatsoever placed, erected, constructed, posted, affixed in any manner whatsoever on the ground or to any post, fence, building or structure for out-of-doors advertising, but not included devices, structures or representations installed by any governmental authority. (85) Sign, business. A sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered upon the premises where the sign is located. (86) Sign, gross area of. The "gross area" of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such a sign. However, such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display. (87) Sign, identification. A sign on the premises bearing the name of a subdivision, the name of a group housing project or of a school, college, park, church or other public or quasi-public facility, or a professional or firm nameplate, but bearing information identifying, but not describing, occupancy of the premises on which such sign is located. (88) Sign, occupancy. A sign on the premises bearing the name or address of the piece of property, the name of the owner or resident and/or any permitted home occupation, but bearing information pertaining only to the premises on which such sign is located. (89) Sign, outdoor advertising. Any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, rock, post, fence, bush, building, structure or thing whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever. (90) Single ownership. Possession wherein the owner does not own adjoining property. (91) Soil removal. Removal of any kind of soil or earth matter, including top soil, sand, gravel, clay, rock or similar materials or combination thereof, except common household gardening. (92) "Solar photovoltaic energy system" means facilities, equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect. (93) Story. That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A mezzanine shall be deemed a full story when it covers more than thirty-three (33) percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more. For the purpose of this subchapter, a basement or cellar shall be counted as a story if its ceiling is over five (5) feet above the level from which the height of the building is measured or if it is used for business purposes or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of same. (94) Street, public. A street affording the principal means of access to abutting property, and dedicated to or maintained by the Virgin Islands Government on a street affording the principal means of access to abutting property and with a right-of-way or easement as specified in the Land Subdivision Regulations. (95) Street line. The dividing line between street, road or other thoroughfare and the adjacent lots. (96) Structural alteration. Any material or dimensional changes in the structural elements of a building such as bearing walls, columns, beams and roofs. (97) Structure. Anything constructed or erected which requires permanent location on the ground or attachment to something having location. (98) Structure, accessory. A detached, subordinate structure, located on the same lot, the use of which is customarily incidental to that of the main building or to the principal use of the land. (99) Trailer, house. See "Mobile home park". (100) Trailer camp, park. See "Mobile home park". (101) Use. The "use" of property is the purpose of activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this subchapter. (102) Use, principal. The main use of land or buildings as distinguished from a subordinate or accessory use. (103) Yard. An open space of generally uniform width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided herein. In measuring a yard as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of the building or the point of a group of buildings nearest to such lot line. (104) Yard, front. A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. (105) Yard, rear. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. (106) Yard, side. A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 263; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Mar. 19, 1991, No. 5523, § 5, Sess. L. 1990, p. 54; May 3, 1994, No. 5978, § 3(d), Sess. L. 1994, p. 66; Dec. 30, 1994, No. 6064, § 17(a)(1), Sess. L. 1994, p. 319; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; amended Oct. 15, 2013, No. 7533, § 1, Sess. L. 2013, p. 141; amended Apr. 11, 2022, No. 8569, § 2, Sess. L. 2022, p. 143; amended Sept. 14, 2022, No. 8614, §§ 1, 2, Sess. L. 2022, p. 215.

Conflicting regulation (a) When any provision of this subchapter imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other regulations, statute or law, the provisions of this subchapter shall apply and govern. Covenants not annulled (b) This subchapter is not intended to abrogate or annul any easement, covenant or other private agreement. Permitted uses (c) No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or structure or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or structure or land is located, provided that such regulations shall not prohibit the continuance of an existing use. Historic district (d) This subchapter is intended to supplement the provisions of V.I.C. Title 29, chapter 3, subchapter III, Conservation and Preservation of Historic and Cultural Assets of the Virgin Islands. Special exceptions and variances previously granted (e) All special exceptions and variances granted by the Planning Office prior to the adoption of this subchapter shall begin actual construction or use of land or structure within the time specified by the Planning Office in its granting of the special exception or variance. Construction begun prior to adoption of the zoning law (f) Nothing in this subchapter shall be deemed to require any change in plans, construction or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of this subchapter and upon which building or structure actual construction has been diligently carried on, and provided further that such building or structure shall be completed within two (2) years from the date of passage of this subchapter. Airports (g) All airports, airfields, runways, hangars, beacons, and other facilities involved with aircraft operations, where permitted, shall be developed in accordance with the rules and regulations of the Federal Aviation Administration and the Virgin Islands Port Authority which agencies shall approve the preliminary plans submitted to the Government of the United States Virgin Islands. Such plans shall be submitted to and approved by the Legislature before they become effective. Land beneath all aircraft approach lanes, as established by appropriate aeronautical authorities or airport zoning, which is not part of the airport, shall be so developed as not to endanger safe flight conditions to and from an established airport. This provision is supplemental to any adopted airport zoning plan or law. Heliports (h) Notwithstanding any law to the contrary, no helicopter landing pad, landing or heliport shall be established without the prior approval of the Department of Planning and Natural Resources, the Department of Public Works, the Port Authority and the Legislature. Substandard lots (i) Any lot in a single ownership, which ownership was of record at the time of the adoption of this subchapter, that does not meet the requirements of this subchapter for yards, courts or other open space may be utilized for single residence purposes, provided the requirements for such yard or court area, width, depth or open space is within seventy-five (75) percent of that required by the terms of this subchapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Lot limitations (j) In all residential districts, only the permitted principal structures shall be placed on a zoning lot or lot of record, with the exception of parcels of record or excepted parcels which may be so arranged or subdivided as to provide for more principal structures when the land areas allocated to each structure is equal to or greater than the lot area required for the district, and structure and land complies with all other requirements of the district in which it is located. This requirement shall not apply to planned area or planned residential developments. Lots, yards and open spaces (k) No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this subchapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building. Permitted height, density or bulk (l) No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit, density provisions or bulk provisions herein established for the district in which the structure is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio, television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. Except as provided by section 229(m) of this chapter, no such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten (10) percent of the roof area of the building; nor shall such structure be used for any residential purpose of any commercial or industrial purpose other than a use incidental to the principal use of the building. This subsection does not apply to wireless facilities and wireless support structures. Permitted area (m) No structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the structure is located. Restoration of unsafe buildings (n) Nothing in this subchapter shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by the Department of Planning and Natural Resources or required by any lawful order. Building grades (o) Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building but in such a manner as not to cause run-off of surface water to cause injury to adjacent properties. Guts and drainage channels (p) Guts and drainage channels which exist and which are indicated on the General Development plan or zoning maps of the Virgin Islands are essential for the maintenance of the health and general welfare of the people of the Virgin Islands. Any encroachment upon, filling or destruction of these guts or drainage channels, unless approved by the Department of Planning and Natural Resources, is a violation of this subchapter. Visibility at intersections (q) No wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which unreasonably or dangerously obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. Accessory buildings in residential districts (r) In residential districts, accessory buildings, except as otherwise provided in this subchapter, shall be subject to the following regulations: (1) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to all regulations of this subchapter applicable to main buildings. (2) Where utility easements exist, no accessory buildings shall be built over them. (3) An accessory building, not exceeding one (1) story of fifteen (15) feet in height, may occupy not more than twenty-five (25) percent of a required rear yard plus forty (40) percent of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building. (4) Group accessory buildings (such as community garages) may be erected in the rear yard if approved as to location by the Virgin Islands Planning Office. (5) When an accessory building is located on a corner lot, the side lot line of which is substantially an extension or continuation of the front lot line of the lot to its rear, said accessory building shall not project beyond the front yard line required on the lot in the rear of such corner lot. Dwellings in nonresidential districts (s) No dwelling shall be erected in any industrial district; however, the sleeping quarters of a watchman or caretaker may be permitted. Dwellings in other than main structure (t) No residential structure other than principal structures shall be erected upon the rear of a lot or upon a lot with other dwellings. This shall not apply to Planned Developments. Buildings to be moved (u) Any building which has been wholly or partially erected on St. Thomas, St. Croix or St. John shall not be moved and/or placed upon any premises in the Virgin Islands until a permit for such removal shall have been obtained from the Department of Planning and Natural Resources. When moved onto new premises, such building shall conform to all the provisions of this subchapter. Projections into yards (v) Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three (3) feet. Architectural features do not include those details which are normally demountable. District boundaries (w) Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following such center lines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. (3) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line. (4) Boundaries indicated as parallel to or extensions of features indicated in paragraphsparagraphs (1) through (3)ll be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the maps. (5) Where the street or property layout existing on the ground is at variance with that shown on the official zoning maps, or in other circumstances not covered in paragraphs (1) through (4) above, the Zoning Administrator shall interpret the district boundaries. District boundary line (x) Where a district boundary line shown on the zoning map divides a lot of record at the time of the adoption of this subchapter as in the case of a residence district on one side and a business district on the other, the regulations applying to the business district shall be construed as extending to the entire lot provided that such extension shall not include any part of such lot more than fifty (50) feet beyond the district boundary line. Usable open space (y) In addition to any and all other requirements set forth in this subchapter for the provision of front, side or rear yards, off-street parking and/or loading, there shall be provided in all multifamily residence districts such additional open space as is set forth herein which shall be used for landscaping and which may not be used for off-street parking or loading purposes. (z) In addition to any and all other requirements set forth in this subchapter regarding the use of open space, there shall be provided in all multifamily residential developments of nine units or more, recreational facilities which shall occupy at least 5% of that area required for open space on the zoning lot. (aa) Notwithstanding any provision of law to the contrary and provided that a residential structure has been constructed and occupancy permits have been issued, any remaining usable space at the base of the structure may be enclosed and used for any residential purpose; provided that construction may not extend beyond the boundaries of the main structure and all parking and sewage requirements have been met prior to completion of the construction. A building permit shall be required for the enclosure and shall be openly displayed along with the original building permit, and all other requirements of this title must be complied with. (bb) Subject to the development requirements prescribed in section 229, solar thermal energy systems and photovoltaic energy systems, are permitted uses, as a matter of right, in all zoning districts, whether such system, plant or structure is a principal use, a part of the principal use, or an accessory use, or structure. However, solar photovoltaic energy systems and their components may not be considered "principal structures", or "structures", or "principal commercial structures" for purposes of permitted lot occupancy or set back requirements under section 229 of Title 29. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 276; amended Oct. 17, 1974, No. 3628, § 2, Sess. L. 1974, p. 245; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; July 8, 1988, No. 5350, § 3, Sess. L. 1988, p. 181; July 24, 1997, No. 6140, § 4, Sess. L. 1997, p. 37; Oct. 7, 2011, No. 7299, § 2(a), Sess. L. 2011, p. 174; Dec. 28, 2011, No. 7340, § 1, Sess. L. 2011, p. 340; amended Oct. 15, 2013, No. 7533, § 2, Sess. L. 2013, p. 141.

Land use regulations No building or structure in any district established by this subchapter shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any building or structure or land be used, designed or arranged for any purpose other than as permitted in the district in which the building or structure or land is located. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 282.

Land, water and buildings may be used only for a use set forth in the TABLE OF PERMITTED USES and only within those districts specified in said Table and only under the circumstances indicated in said Table, subject to the provisions of sections 229 through 233 of this subchapter. A-1 AGRICULTURAL ZONE Uses permitted as a matter of right: 1. Agriculture Crops, Fruits & Vegetables Fish & Marine Products (Hatcheries & Pond) Forest & Forestry Horticulture Livestock & Poultry 2. Agricultural Equipment & Machinery Repair & Service Rentals Storage 3. Airports & Flying Fields 4. Agricultural Processing 5. Amphitheaters 6. Animals Boarding (Kennels) Clinic (Office) Hospital (Veterinary) Sales (Pet Shop) Shelter (Pound) 7. Aquariums 8. Arenas & Field Houses 9. Art Galleries 10. Artists' Studios 11. Athletic Fields (Playfields) 12. Auditoriums 13. Botanical Gardens & Arboretums 14. Camps, Group or Organized 15. Camping & Picnicking Areas 16. Cemeteries 17. Churches, Synagogues, Temples & Sunday School Building 18. Civic, Social & Fraternal Associations (Clubhouse or Office) 19. Colleges 20. Community Centers 21. Convalescent, Rest, Nursing & Retirement Homes & Sanitariums 22. Dairies, Processing & Distribution 23. Drive-In Establishment, Movies 24. Dwellings Attached Detached Group Semidetached Single-Family Two-Family 25. Garage, Private 26. Golf Courses 27. Greenhouses 28. Gymnasiums & Athletic Clubs 29. Home Occupation 30. Libraries 31. Military Bases & Reservations 32. Mobile Homes 33. Motion Picture Theaters Outdoor Indoor 34. Museums 35. Nurseries (Plants) 36. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks (General) 37. Playgrounds 38. Play Lots or Tot Lots 39. Professional & Business Membership Organizations and Associations (Clubhouse or Office) 40. Race Tracks Automobile & Motorcycle Horse 41. Recreational Centers 42. Religious Quarters 43. Riding Stables 44. Sewage Lift Station & Pressure Control Station 45. Sewage Treatment Plants 46. Shooting Ranges (Small Arms), Outdoor 47. Stadium 48. Swimming Pools 49. Taxidermists 50. Tennis Courts 51. Water Pressure Control Stations 52. Water Delivery Service 53. Water Storage (Facilities) 54. Zoological Gardens A-1 AGRICULTURAL ZONE Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Amusement Parks 2. Country Clubs & Golf Clubs 3. Electrical Substations 4. Mobile Home Parks or Courts 5. Planned Development 6. Signs Directional For Sale or For Rent Identification Occupancy Temporary 7. Slot machines at the St. Croix horse racetrack and video lottery terminals (VLTs) at the St. Thomas horse racetrack pursuant to title 32 V.I.C. chapter 21 Accessory uses permitted subject to conditions set forth in section 233 of this subchapter: 1. Accessory Buildings (Structures) Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures A-2 AGRICULTURAL ZONE Uses permitted as a matter of right: 1. Agriculture Crops, Fruits & Vegetables Fish & Marine Products (Hatcheries & Pond) Horticulture Livestock & Poultry 2. Agricultural Equipment & Machinery Repair & Service Rentals Storage 3. Agricultural Processing 4. Animals Boarding (Kennels) Clinic (Office) Hospital (Veterinary) Sales (Pet Shop) Shelter (Pound) 5. Arenas & Field Houses 6. Art Galleries 7. Artists' Studios 8. Athletic Fields (Playfields) 9. Botanical Gardens & Arboretums 10. Churches, Synagogues, Temples & Sunday School Building 11. Civic, Social & Fraternal Associations (Clubhouse or Office) 12. Community Centers 13. Convalescent, Rest, Nursing & Retirement Homes; & Sanitariums 14. Dwellings Attached Detached Group Semidetached Single-Family Two-Family 15. Garage, Private 16. Greenhouses 17. Gymnasiums & Athletic Clubs 18. Home Occupation 19. Mobile Homes 20. Museums 21. Nurseries (Plants) 22. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks (General) 23. Playgrounds 24. Play Lots or Tot Lots 25. Professional & Business Membership Organizations and Associations (Clubhouse or Office) 26. Recreational Centers 27. Religious Quarters 28. Riding Stables 29. Sewage Lift Station & Pressure Control Station 30. Swimming Pools 31. Taxidermists 32. Tennis Courts 33. Water Pressure Control Stations 34. Water Delivery Service 35. Zoological Gardens Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Amusement Parks 2. Country Clubs & Golf Clubs 3. Electrical Substations 4. Mobile Home Parks or Courts 5. Planned Development 6. Signs Directional For Sale or For Rent Identification Occupancy Temporary Accessory uses permitted subject to conditions set forth in section 233 of this subchapter: 1. Accessory Buildings (Structures) Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures R-1 RESIDENTIAL-LOW DENSITY Uses permitted as a matter of right: 1. Accessory Buildings 2. Agriculture, Crops, Fruits & Vegetables 3. Artists' Studios 4. Botanical Gardens & Arboretums 5. Camps, Group or Organized 6. Camping & Picnicking Areas 7. Civic, Social & Fraternal Associations (Clubhouse or Office) 8. Dwellings Detached Single-Family Two-Family 9. Garage, Private 10. Home Occupation 11. Mobile Homes 12. Nursery Schools (Children's Day Care) 13. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 14. Play Lots or Tot Lots 15. Schools Art Dancing (Studios) Nursery Primary (Elementary) Secondary Special Education 16. Swimming Pools Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Athletic Fields (Playfields) 2. Churches, Synagogues, Temples & Sunday School Building 3. Colleges 4. Community Centers 5. Convalescent, Rest, Nursing & Retirement Homes; & Sanitariums 6. Country Clubs & Gold Clubs 7. Dwellings Attached Group Semidetached 8. Electrical Substations 9. Fire Stations, Police Stations & Postal Substations 10. Golf Courses 11. Gymnasiums & Athletic Clubs 12. Hospitals 13. Nurseries (Plants) 14. Planned Development 15. Religious Quarters 16. Sewage Lift Station, Sewage & Water Pressure Control Station & Sewage Treatment Plants 17. Signs Directional Identification For Sale or For Rent Occupancy Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures R-2 RESIDENTIAL-LOW DENSITY-ONE AND TWO-FAMILY Uses permitted as a matter of right: 1. Accessory Buildings 2. Agriculture, Crops, Fruits & Vegetables 3. Art Galleries 4. Artists' Studios 5. Botanical Gardens & Arboretums 6. Camps, Group or Organized 7. Camping & Picnicking Areas 8. Civic, Social & Fraternal Associations (Clubhouse or Office) 9. Dwellings Detached Single-Family Two-Family 10. Garage, Private 11. Home Occupation 12. Libraries 13. Mobile Homes 14. Museums 15. Nursery Schools (Children's Day Care) 16. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 17. Schools Art Dancing (Studios) Nursery Primary (Elementary) Secondary Special Education 18. Swimming Pools 19. Tennis Courts Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Athletic Fields (Playfields) 2. Churches, Synagogues, Temples & Sunday School Building 3. Colleges 4. Community Centers 5. Convalescent, Rest, Nursing & Retirement Homes; & Sanitariums 6. Country Clubs & Golf Clubs 7. Dwellings Attached Group Semidetached 8. Electrical Substations 9. Fire Stations, Police Stations, & Postal Substations 10. Golf Courses 11. Gymnasiums & Athletic Clubs 12. Hospitals 13. Mobile Home Parks or Courts 14. Nurseries (Plants) 15. Planned Development 16. Religious Quarters 17. Sewage Lift Station, Sewage & Water Pressure Control Station, & Sewage Treatment Plants 18. Signs Directional Identification For Sale or For Rent Occupancy Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures R-3 RESIDENTIAL-MEDIUM DENSITY Uses permitted as a matter of right: 1. Amphitheaters 2. Apartment Hotels 3. Artists' Studios 4. Auditoriums 5. Aquariums 6. Boarding House 7. Botanical Garden & Arboretums 8. Children's Home 9. Churches, Temples, Synagogues, & Sunday School Buildings 10. Civil, Social, & Fraternal Associations (Clubhouse or Office) 11. Convalescent, Rest, Nursing, & Retirement Homes; & Sanitariums 12. Convention Centers 13. Country Clubs & Golf Clubs 14. Dwellings Attached Detached Group Multiple Semidetached Single-Family Two-Family 15. Garage, Private 16. Golf Courses 17. Greenhouses 18. Home Occupation 19. Hotels & Guesthouses 20. Labor Unions & Similar Labor Organizations, Halls 21. Libraries 22. Mobile Homes 23. Museums 24. Nurseries (Plants) 25. Nursery Schools (Children's Day Care) 26. Professional & Business Membership Organizations & Associations (Clubhouse or Office) 27. Playgrounds 28. Play Lots or Tot Lots 29. Religious Quarters 30. Rooming & Boarding Houses 31. Schools Art Dancing (Studios) Diving & Snorkeling Music Nursery Primary (Elementary) Secondary Special Education Water Skiing 32. Stadium 33. Sewage Treatment Plants 34. Swimming Pools 35. Tennis Courts 36. Water Sports Equipment, Sales and Rental 37. Yacht Clubs 38. Zoological Gardens Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Athletic Fields (Playfields) 2. Colleges 3. Community Centers 4. Electrical Substations 5. Fire Stations, Police Stations, & Postal Substations 6. Garage, Community 7. Gymnasiums & Athletic Clubs 8. Hospitals 9. Laundry & Dry Cleaning Depot Self-Service & Depot 10. Marines (Recreational Marine Crafts) Charter & Rental Boat Access Sites 11. Medical Clinics 12. Mobile Home Parks or Courts 13. Planned Development 14. Sewage Lift Station, Sewage & Water Pressure Control Station, & Sewage Treatment Plants 15. Signs Business Directional For Sale or For Rent Identification Temporary Accessory uses permitted subject to the conditions set forth in section 233 of this subchapter: 1. Accessory Buildings (Structures) 2. Apparel & Accessories, Retail 3. Artists, Commercial & Display 4. Art Galleries 5. Automobiles & Motorcycles, Rentals (Office) 6. Baby Sitting Bureaus 7. Barber or Beauty Shops 8. Bars & Taverns (Drinking Places) 9. Books & Stationery, Retail 10. Business Management Consultant Services 11. Cafeteria 12. Cameras & Photographic Supplies, Retail 13. Candy & Other Confectionery, Retail 14. Chinaware, Glassware, & Metalware, Retail 15. Cigarettes & Tobacco Products, Retail 16. Coffee Shops & Ice Cream Parlors 17. Concession, Retail 18. Drugs & Proprietary, Retail 19. Delicatessens 20. Florists, Retail 21. Gifts, Novelties, & Souvenirs, Retail 22. Jewelry & Precious Metals, Retail Sales & Repair 23. Liquor, Retail 24. News & Magazine Dealers, Retail 25. Night Clubs 26. Perfume & Cosmetic Shops, Retail 27. Radio & Television Studios, Broadcasting 28. Restaurants 29. Sandwich Shops 30. Sporting Goods, Retail 31. Travel Arranging Services Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures R-4RESIDENTIAL-MEDIUM DENSITY Uses permitted as a matter of right: 1. Accessory Buildings 2. Alteration, Clothing 3. Art Galleries 4. Artists' Studios 5. Children's Home 6. Churches, Synagogues, Temples, & Sunday School Buildings 7. Civic, Social, & Fraternal Associations (Clubhouse or Office) 8. Convalescent, Rest, Nursing, Retirement Homes; & Sanitariums 9. Dwellings Attached Detached Group Multiple Semidetached Single-Family Two-Family 10. Garage, Private 11. Home Occupation 12. Libraries 13. Mobile Homes 14. Museums 15. Nursery Schools (Children's Day Care) 16. Playgrounds 17. Play Lots or Tot Lots 18. Religious Quarters 19. Rooming & Boarding Houses 20. Schools Art Nursery Primary (Elementary) Secondary Special Education 21. Swimming Pools 22. Tennis Courts 23. Youth Correctional Institutions Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Athletic Fields (Playfields) 2. Colleges 3. Community Centers 4. Electrical Substations 5. Fire Stations, Police Stations, & Postal Substations 6. Garage, Community 7. Gymnasiums & Athletic Clubs 8. Hospitals 9. Medical Clinics 10. Planned Development 11. Sewage Lift Station, Sewage and Water Pressure Control Station, & Sewage Treatment Plants 12. Signs Directional For Sale or For Rent Identification Occupancy Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures R-5 RESIDENTIAL-HIGH DENSITY Uses permitted as a matter of right: 1. Amphitheaters 2. Apartment Hotels 3. Artists' Studios 4. Auditoriums 5. Aquariums 6. Boarding House 7. Botanical Garden & Arboretums 8. Children's Home 9. Churches, Temples, Synagogues & Sunday School Buildings 10. Civic, Social, & Fraternal Associations (Clubhouse or Office) 11. Convalescent, Rest, Nursing, & Retirement Homes; & Sanitariums 12. Convention Centers 13. Country Clubs & Golf Clubs 14. Dwellings Attached Detached Group Multiple Semidetached Single-Family Two-Family 15. Garage, Private 16. Golf Courses 17. Greenhouses 18. Home Occupation 19. Hotels & Guesthouses 20. Labor Unions & Similar Labor Organizations, Halls 21. Libraries 22. Mobile Homes 23. Motels 24. Museums 25. Nurseries (Plants) 26. Nursery Schools (Children's Day Care) 27. Professional & Business Membership Organizations & Associations (Clubhouse or Office) 28. Playgrounds 29. Play Lots or Tot Lots 30. Religious Quarters 31. Rooming & Boarding Houses 32. Schools Art Dancing (Studios) Diving & Snorkeling Music Nursery Primary (Elementary) Secondary Special Education Water Skiing 33. Stadium 34. Sewage Treatment Plants 35. Swimming Pools 36. Tennis Courts 37. Water Sports Equipment, Sales & Rental 38. Water Storage 39. Yacht Clubs 40. Zoological Gardens Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Athletic Fields (Playfields) 2. Colleges 3. Community Centers 4. Electrical Substations 5. Fire Stations, Police Stations, & Postal Substations 6. Garage, Community 7. Gymnasiums & Athletic Clubs 8. Hospitals 9. Laundry & Dry Cleaning Depot Self-Service & Depot 10. Marines (Recreational Marine Crafts) Charter & Rental Boat Access Sites 11. Medical Clinics 12. Planned Development 13. Sewage Lift Station, Sewage & Water Pressure Control Station, & Sewage Treatment Plants 14. Signs Business Directional For Sale or For Rent Identification Temporary Accessory uses permitted subject to the conditions set forth in section 233 of this subchapter: 1. Accessory Buildings (Structures) 2. Apparel & Accessories, Retail 3. Artists, Commercial & Display 4. Art Galleries 5. Automobiles & Motorcycles, Rentals (Office) 6. Baby Sitting Bureaus 7. Barber or Beauty Shops 8. Bars & Taverns (Drinking Places) 9. Books & Stationery, Retail 10. Business Management Consultant Services 11. Cafeteria 12. Cameras & Photographic Supplies, Retail 13. Candy & Other Confectionery, Retail 14. Chinaware, Glassware, & Metalware, Retail 15. Cigarettes & Tobacco Products, Retail 16. Coffee Shops & Ice Cream Parlors 17. Concession, Retail 18. Drugs & Proprietary, Retail 19. Delicatessens 20. Florists, Retail 21. Gifts, Novelties, & Souvenirs, Retail 22. Jewelry & Precious Metals, Retail Sales & Repair 23. Liquor, Retail 24. News & Magazine Dealers, Retail 25. Night Clubs 26. Perfume & Cosmetic Shops, Retail 27. Radio & Television Studios, Broadcasting 28. Restaurants 29. Sandwich Shops 30. Sporting Goods, Retail 31. Travel Arranging Services Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures B-1BUSINESS-CENTRAL BUSINESS DISTRICT Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Adjustment & Collection Agencies 4. Advertising Agencies, Offices 5. Agents, Shipping 6. Air Conditioning Equipment, Sales & Service 7. Airline Companies' Offices 8. Alcoholic Beverages - Retail - Wholesale 9. Alteration, Clothing 9a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal) Assembly Retail 10. Aluminum Products, Retail 11. Animals Sales (Pet Shops) Hospital (Veterinary) Clinic (Office) 12. Answering Service 13. Antiques & Secondhand Merchandise, Retail 14. Apartment Hotels 15. Apparel & Accessories, Retail 16. Appliances (Household) Repair Sales & Service 17. Appraisers 18. Architects & Engineering Supplies 19. Art Galleries 20. Artist, Commercial & Display 21. Artists' Materials & Supplies & Picture Framing 22. Artists' Studios 23. Athletic Fields (Playfields) 24. Audio-Visual Equipment & Supplies, Retail 25. Automobiles & Motorcycles Accessories Parking, Commercial Rentals (Office) 26. Baby Sitting Bureaus 27. Bakeries (Manufacture), Retail 28. Banks & Other Financial Institutions 29. Barber or Beauty Shops 30. Barber & Beauty Supplies 31. Bars & Taverns (Drinking Places) 32. Billiard Parlors 33. Billiard Tables, Sales and Service 34. Blue Printing & Photocopying Services & Equipment 35. Books & Stationery, Retail 36. Bowling Alleys 37. Burglar & Fire Alarm Systems Installation, Sales & Service 38. Business & Management Consultant Services 39. Business Machines, Sales & Repair Services 40. Buses, Sightseeing, Depot (Tickets) 41. Cafeteria 42. Camera & Photographic 43. Candy & Other Confectionery Products, Retail 44. Canvas Goods, Sales 45. Catering Services 46. Chinaware, Glassware & Metalware, Retail 47. Churches, Synagogues, Temples, & Sunday School Buildings 48. Cigarette & Tobacco Products, Retail 49. Civic, Social, & Fraternal Associations (Clubhouse or Office) 50. Coin Dealers 51. Coffee Shops & Ice Cream Parlors 52. Community Centers 53. Convention Centers 54. Credit Services (Other than Banks) 55. Custom Brokers 56. Dairy Products, Retail 57. Dance Halls 58. Delicatessens 59. Dental Laboratory Services 60. Dentists' Services 61. Detective & Protective Services 62. Diaper Services 63. Doughnut Shops, Retail 64. Draperies, Curtains & Upholstery, Manufacture & Sales 65. Dress Shop, Sewing & Sales 66. Drive-In Establishments Banks Restaurants 67. Drugs & Proprietary, Retail 68. Duplicating, Mailing & Stenographic Services 69. Dwelling Attached Detached Group Multiple Semidetached Single-Family Two-Family 70. Educational & Scientific Research Services 71. Electrical Appliances, Retail Sales & Service 72. Electrical Equipment & Supplies, Retail 73. Electrical Equipment, Repair Services 74. Electric Power Generation Offices Substations 75. Employment Agencies 76. Engineering & Architectural Services 77. Farm & Garden Supplies, Retail 78. Finance, Insurance, & Real Estate Services 79. Fire Protection & Related Activities 80. Fire Stations 81. Fish & Seafoods, Retail 82. Florists, Retail 83. Freight Forwarding Services (Express), Offices 84. Fruit & Vegetable Market, Retail 85. Funeral & Crematory Services 86. Furniture, Home Furnishings, & Equipment Display & Storage Retail Sales Upholstering 87. Garage, Community 88. Garage, Private 89. Garage, Public 90. General Merchandise & Dry Goods, Retail 91. Gifts, Novelties, & Souvenirs, Retail 92. Groceries & Related Products, Retail 93. Guns, Sales & Gunsmith 94. Gymnasium & Athletic Clubs 95. Hardware, Retail 96. Home Occupation 97. Hospitals 98. Hotels & Guesthouses 99. Hotel & Restaurant Equipment & Supplies 100. Household Specialties 101. Ice, Retail 102. Interior Decorators Display & Sales Offices Workshops 103. Janitor Service 104. Janitor Supplies Retail Sales Storage 105. Jewelry & Precious Metals, Retail Sales & Repair 106. Jewelry Design & Repair 107. Labor Unions & Similar Labor Organizations, Halls 108. Laundry & Dry Cleaning Depot Self-Service Self-Service & Depot 109. Leather Goods, Custom Repair 110. Legal Services 111. Libraries 112. Liquor Store, Retail 113. Locksmith Shops, Repair & Retail Sales 114. Machine & Equipment Rental Domestic (Non-Heavy) Commercial 115. Manufacturers' Agents (Offices) 116. Markets, Public 117. Market Research & Analyses 118. Marine Craft & Accessories, Supplies & Equipment, Retail 119. Meat, Retail 120. Medical Clinics 121. Medical Laboratory Services 122. Motion Picture Theaters, Indoor 123. Museums 124. Music Shop-Instruments & Supplies, Sales & Repair 125. Newspaper & Magazine Dealers, Retail 126. Night Clubs 127. Nutrition Consulting Services 128. Offices General Professional 129. Office Furniture & Equipment 130. Office Supplies 131. Optical Goods, Retail 132. Paint Supplies, Retail 133. Paper & Paper Products, Wholesale 134. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 135. Perfume & Cosmetic Shops, Retail 136. Photofinishing Services 137. Photographic Services 138. Physical Therapists 139. Physicians' Services 140. Playgrounds 141. Play Lots or Tot Lots 142. Police Protection & Related Activities 143. Police Stations 144. Postal Services 145. Poultry Markets, Retail 146. Printing, Publishing, & Allied Industries 147. Professional Membership Organizations and Business Associations 148. Radio Communication Services 149. Radio & Television, Retail 150. Radio & Television Transmittal Towers 151. Radio Repair & Television Repair Services 152. Radio & Television Studios, Broadcasting 153. Recreational Centers (General) 154. Recording Service (Studios) 155. Refreshment Stands 156. Research, Development & Testing Services 157. Restaurants 158. Rubber Stamps, Sales, Manufacture 159. Sandwich Shops 160. Schools Art Auto Driving Barber & Beauty Business & Stenographic Dancing (Studios) Music Professional Special Education Technical Trade & Vocational 161. Security & Commodity Brokers & Related Services 162. Sewage Lift Station & Pressure Control Station 163. Sewing Machines, Sales & Repair 164. Shoe Repair Shops 165. Shoes, Retail 166. Shoeshine Stands 167. Sign Painters' Shops & Yard 168. Soft Drinks, Retail 169. Sporting Goods (Athletic), Retail 170. Stamps & Coin Dealers 171. Stamps, Rubber & Metal, Sales 172. Stationery Engravers 173. Stationery, Retail 174. Taxicab Service (Stands) 175. Taxidermists 176. Telegraph Message Centers 177. Telephone Exchange Stations 178. Telephone Relay Towers 179. Tennis Courts 180. Toys, Retail 181. Travel Arranging Services 182. Variety Stores, Retail 183. Vegetable Market Retail Wholesale 184. Vending Machines (Coin-Operated) Distribution & Repair 185. Water Pressure Control Stations 186. Water Sports Equipment, Sales 187. Welfare & Charitable Services B-1 BUSINESS-CENTRAL BUSINESS DISTRICT Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures B-2 BUSINESS-SECONDARY/NEIGHBORHOOD Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Adjustment & Collection Agencies 4. Advertising Agencies, Offices 5. Agents, Shipping 6. Air conditioning Equipment, Sales and Service 7. Airline Companies' Offices 8. Alcoholic Beverages, Retail 9. Alteration, Clothing 9a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Retail Wholesale 10. Aluminum Products Assembly (Doors & Windows) Retail 11. Animals Sales (Pet Shops) Hospital (Veterinary) Clinic (Office) 12. Answering Service 13. Antiques & Secondhand Merchandise, Retail 14. Apartment Hotels 15. Apparel & Accessories, Retail 16. Appliances (Household) Retail Repair & Service 17. Appraisers 18. Architects & Engineering Supplies 19. Art Galleries 20. Artist, Commercial & Display 21. Artists' Materials & Supplies & Picture Framing 22. Artists' Studios 23. Athletic Fields (Playfields) 24. Audio-Visual Equipment & Supplies, Retail 25. Automobiles & Motorcycles Accessories Glass Replacement & Upholstering Motor Tune-Up & Repair Work (Mechanical) Parking, Commercial Rentals (Office) Repair Work (Mechanical) Sales, New and/ or Used Service Stations (Gasoline) Storage (Live), Fleet Parking Tire Sales & Repair Towing & Wrecking Service 26. Baby Sitting Bureaus 27. Bakeries (Manufacture), Retail 28. Banks & Other Financial Institutions 29. Barber or Beauty Shops 30. Barber & Beauty Supplies 31. Bars & Taverns (Drinking Places) 32. Billiard Parlors 33. Billiard Tables, Sales & Service 34. Blue Printing & Photocopying Services & Equipment 35. Books & Stationery, Retail 36. Bowling Alleys 37. Burglar & Fire Alarm Systems Installation, Sales & Service 38. Business & Management Consultant Services 39. Business Machines, Sales & Repair Services 40. Buses, Sightseeing, Depot (Tickets) 41. Cafeteria 42. Camera & Photographic Supplies, Retail 43. Candy & Other Confectionery Products Retail Wholesale 44. Canvas Goods, Sales 45. Catering Services 46. Chinaware, Glassware & Metalware, Retail 47. Churches, Synagogues, Temples & Sunday School Buildings 48. Cigarette & Tobacco Products, Retail 49. Civic, Social, & Fraternal Associations (Clubhouse or Office) 50. Coin Dealers 51. Coffee Shops & Ice Cream Parlors 52. Community Centers 53. Convention Centers 54. Credit Services (Other Than Banks) 55. Custom Brokers 56. Dairy Products, Retail 57. Dance Halls 58. Delicatessens 59. Dental Laboratory Services 60. Dentists' Services 61. Detective & Protective Services 62. Diaper Services 63. Doughnut Shops Retail Wholesale 64. Draperies, Curtains & Upholstery, Manufacture & Sales 65. Dress Shop, Sewing & Sales 66. Drive-In Establishments Banks Restaurants Theatres 67. Drugs & Proprietary, Retail 68. Duplicating, Mailing & Stenographic Services 69. Dwelling Attached Detached Group Multiple Semidetached Single-Family Two-Family 70. Educational & Scientific Research Services 71. Electrical Appliances, Retail Sales & Service 72. Electrical Equipment & Supplies, Retail 73. Electrical Equipment, Repair Services 74. Electric Power Generation Offices Substations 75. Employment Agencies 76. Engineering & Architectural Services 77. Equipment Rental & Leasing Services 78. Farm & Garden Supplies, Retail 79. Finance, Insurance, & Real Estate Services 80. Fire Protection & Related Activities 81. Fire Stations 82. Fish & Seafood, Retail 83. Florists, Retail 84. Freight Forwarding Services (Express), Offices 85. Fruit & Vegetable Market Retail Wholesale 86. Funeral & Crematory Services 87. Furniture, Home Furnishing & Equipment Display & Storage Retail Sales Upholstering 88. Garage, Community 89. Garage, Private 90. Garage, Public 91. General Merchandise & Dry Goods, Retail 92. General Stores 93. Gifts, Novelties, & Souvenirs, Retail 94. Greenhouses 95. Groceries & Related Products, Retail 96. Guns, Sales & Gunsmith 97. Gymnasiums & Athletic Clubs 98. Hardware, Retail 99. Heating & Plumbing Equipment, Retail 100. Hospitals 101. Hotels & Guesthouses 102. Hotel & Restaurant Equipment & Supplies 103. Household Specialties 104. Ice, Retail 105. Interior Decorators- Display Sales Offices Workshops 106. Janitor Service 107. Janitor Supplies Retail Sales Storage 108. Jewelry & Precious Metals, Retail Sales and Repairs 109. Jewelry Design & Repair 110. Labor Unions & Similar Labor Organizations, Halls 111. Laundry & Dry Cleaning Depot Self-Service Self-Service & Depot 112. Leather Goods, Custom Repair 113. Legal Services 114. Libraries 115. Liquor Store, Retail 116. Locksmith Shops, Repair & Retail 117. Machine & Equipment Rental Domestic (Non Heavy) Commercial 118. Manufacturers' Agents (Offices) 119. Market Research & Analyses 120. Marine Craft & Accessories, Supplies & Equipment, Retail 121. Meat, Retail 122. Medical Clinics 123. Medical Laboratory Services 124. Motion Picture Theaters, Indoor 125. Museums 126. Music Shop-Instruments & Supplies, Sales & Repair 127. Newspaper & Magazine Dealers, Retail 128. Night Clubs 129. Nurseries (Plants) 130. Nursery Schools (Children's Day Care) 131. Nutrition Consulting Services 132. Offices General Professional 133. Office Furniture & Equipment 134. Office Supplies 135. Optical Goods, Retail 136. Paint Supplies, Retail 137. Paper & Paper Products, Wholesale 138. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 139. Perfume & Cosmetic Shops, Retail 140. Photofinishing Services 141. Photographic Services 142. Physical Therapists 143. Physicians' Services 144. Playgrounds 145. Play Lots or Tot Lots 146. Plumbing Fixtures & Supplies, Display, Sales 147. Police Protection & Related Activities 148. Police Stations 149. Postal Services 150. Poultry Markets, Retail 151. Printing 152. Printing, Publishing & Allied Industries 153. Professional Membership Organizations & Business Associations 154. Radio Communication Services 155. Radio & Televisions, Retail 156. Radio & Television Transmittal Towers 157. Radio Repair & Television Repair Services 158. Radio & Television Studios, Broadcasting 159. Recreational Centers (General) 160. Recording Service (Studios) 161. Refreshment Stands 162. Research, Development & Testing Services 163. Restaurants 164. Rubber Stamps, Sales, Manufacture 165. Sandwich Shops 166. Schools Art Auto Driving Barber & Beauty Business & Stenographic Dancing (Studios) Music Nursery Primary (Elementary) Secondary Professional Special Education Technical Trade & Vocational 167. Security & Commodity Brokers & Related Services 168. Sewage Lift Station & Pressure Control Station 169. Sewing Machines, Sales & Repair 170. Shoe Repair Shops 171. Shoes, Retail 172. Shoeshine Stands 173. Sign Painters' Shops & Yards, Manufacture 174. Soft Drinks, Retail 175. Sporting Goods (Athletic), Retail 176. Stamps & Coin Dealers 177. Stamps, Rubber & Metal, Sales 178. Stationery Engravers 179. Stationery, Retail 180. Swimming Pools 181. Taxicab Service (Stands) 182. Taxidermists 183. Telegraph Message Centers 184. Telephone Exchange Station 185. Telephone Relay Towers 186. Tennis Courts 187. Toys, Retail 188. Travel Arranging Services 189. Variety Stores, Retail 190. Vegetable Market Retail Wholesale 191. Vending Machines (Coin-Operated) Distribution & Repair 192. Water Pressure Control Stations 193. Water Sports Equipment, Sales 194. Welfare & Charitable Services 195. Water Delivery Service 196. Water, Mineral (Bottled), Storage & Distribution 197. Youth Correctional Institution Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Automobiles & Motorcycles, Laundry (Car Wash) 2. Planned Development 3. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures B-3 BUSINESS-SCATTERED Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Adjustment Agencies, Offices 4. Alcoholic Beverages, Retail 5. Alteration, Clothing 5a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Retail 6. Apparel & Accessories, Retail 7. Appliances (Household) Repair Sales & Service 8. Appraisers 9. Architects' & Engineering Supplies 10. Arenas & Field Houses 11. Art Galleries 12. Artists, Commercial & Display 13. Artists, Material & Supplies & Picture Framing 14. Artists' Studios 15. Athletic Fields (Playfields) 16. Audio-Visual Equipment & Supplies, Sales 17. Automobiles & Motorcycles Accessories Glass Replacement & Upholstering Motor Tune-Up & Repair Work (Mechanical) Parking, Commercial Rentals, (Office) Service Stations (Gasoline) Tire Sales & Repair 18. Baby Sitting Bureaus 19. Barber or Beauty Shops 20. Barber & Beauty Supplies 21. Bars & Taverns (Drinking Places) 22. Billiard Parlors 23. Billiard Tables, Sales & Service 24. Blue Printing & Photo-copying Services & Equipment 25. Boarding House 26. Books & Stationery, Retail 27. Burglar & Fire Alarm Systems Installation, Sales & Service 28. Business Machines, Sales & Repair Services 29. Business & Management Consultant Services 30. Cafeteria 31. Cameras & Photographic Supplies, Retail 32. Candy & Other Confectionery Products, Retail 33. Canvas Goods, Retail 34. Catering Services 35. Chinaware, Glassware, & Metalware, Retail 36. Churches, Synagogues, Temples, & Sunday School Buildings 37. Cigarette & Tobacco Products, Retail 38. Civic, Social, & Fraternal Associations (Clubhouse or Office) 39. Coin Dealers 40. Coffee Shops & Ice Cream Parlors 41. Credit Services (Other Than Banks) 42. Dairy Products, Retail 43. Dance Halls 44. Delicatessens 45. Dental Laboratory Services 46. Dentists' Services 47. Detective & Protective Services 48. Diaper Services 49. Doughnut Shops, Retail 50. Drive-In Establishments Banks Restaurants 51. Dress Shop, Sewing & Sales 52. Drugs & Proprietary, Retail 53. Duplicating, Mailing & Stenographic Services 54. Dwelling Attached Detached Group Multiple Semidetached Single-Family Two-Family 55. Electrical Equipment & Supplies, Retail 56. Electrical Equipment, Repair Services 57. Electric Power Generation Offices Substations 58. Employment Agencies 59. Engineering-Architectural Services 60. Engravers-Stationery 61. Equipment Rental & Leasing Services 62. Farm & Garden Supplies, Retail 63. Finance, Insurance & Real Estate Services 64. Fire Protection & Related Activities 65. Fish & Seafood, Retail 66. Florists, Retail 67. Freight Forwarding Services (Express), Offices 68. Fruit & Vegetable Market, Retail 69. Funeral & Crematory Services 70. Furniture Display & Storage Retail Sales Upholstering 71. Garage, Community 72. Garage, Private 73. Garage, Public 74. General Merchandise & Dry Goods, Retail 75. Gifts, Novelties, & Souvenirs, Retail 76. Groceries & Related Products, Retail 77. Ice, Sales 78. Interior Decorators Display & Sales Offices Workshops 79. Janitor Supplies Retail Sales Storage 80. Janitor Service 81. Jewelry Design & Repair 82. Labor Union & Similar Labor Organizations, Halls 83. Laundry & Dry Cleaning Depot Self-Service Self-Service & Depot 84. Legal Services 85. Libraries 86. Liquor Store, Retail 87. Locksmith Shops, Repair & Retail 88. Machine Rental, Domestic (Non-Heavy) 89. Manufacturers' Agents 90. Market Research & Analyses 91. Meat, Retail 92. Medical Clinics 93. Medical Laboratory Services 94. Museums 95. Music Shops - Instruments & Supplies (Sales & Repair) 96. Newspaper & Magazine Dealers, Retail 97. Night Clubs 98. Novelties 99. Nursery Schools (Children's Day Care) 100. Nutrition Consulting Services 101. Offices General Professional 102. Paint Supplies, Retail 103. Perfume & Cosmetic Shops, Retail 104. Photofinishing Services 105. Physical Therapists 106. Physicians' Services 107. Playgrounds 108. Play Lots or Tot Lots 109. Police Protection & Related Activities 110. Postal Services 111. Poultry Markets, Retail Sales 112. Professional Membership Organizations & Business Associations 113. Radio & Televisions, Retail 114. Radio & Television Repair Services 115. Recording Service (Studios) 116. Recreational Centers (General) 117. Religious Quarters 118. Research, Development & Testing Services 119. Restaurants 120. Rooming & Boarding House 121. Riding Apparel & Supplies 122. Rubber Stamps Sales, Manufacture 123. Sandwich Shops 124. Schools Art Auto Driving Barber & Beauty Business & Stenographic Dancing (Studios) Music Nursery Primary (Elementary) Secondary Professional Special Education Technical, Trade & Vocational 125. Shoe Repair Shops 126. Shoes, Retail 127. Shoeshine Stands 128. Soft Drinks, Retail 129. Sporting Goods (Athletic), Retail 130. Stamps & Coin Dealers 131. Stamps, Rubber & Metal, Sales 132. Stationery Engravers 133. Stationery, Retail 134. Swimming Pools 135. Tax Consultants' Offices 136. Taxidermists 137. Telephone Answering Service 138. Toys, Retail 139. Travel Arranging Services 140. Variety Stores, Retail 141. Water, Mineral (Bottled), Storage and Distribution 142. Welfare & Charitable Services 143. Youth Correctional Institution Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Automobiles & Motorcycles, Laundry (Car Wash) 2. Planned Development 3. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures B-4BUSINESS-RESIDENTIAL AREAS Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Adjustment & Collection Agencies 4. Advertising Agencies, Offices 5. Alcoholic Beverages, Retail 5a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal) Assembly Retail 6. Animals Clinics (Office) Sales (Pet Shops) 7. Apparel & Accessories, Retail 8. Appliances (Household) Repair Sales & Service 9. Art Galleries 10. Artists, Commercial & Display 11. Artists Studios 12. Automobiles & Motorcycles, Service Stations (Gasoline) 13. Baby Sitting Bureaus 14. Bakeries (Manufacture), Retail 15. Banks & Other Financial Institutions 16. Barber or Beauty Shops 17. Bars & Taverns (Drinking Places) 18. Billiard Parlors 19. Blue Printing & Photocopying Services & Equipment 20. Books & Stationery, Retail 21. Business & Management Consultant Services 22. Business Machines, Sales Repair Services 23. Cafeteria 24. Cameras & Photographic Supplies, Retail 25. Candy & Other Confectionery Products, Retail 26. Chinaware, Glassware & Metalware, Retail 27. Civic, Social, & Fraternal Associations (Clubhouse or Office) 28. Coin Dealers 29. Coffee Shops & Ice Cream Parlors 30. Community Centers 31. Credit Services (Other Than Banks) 32. Dairy Products, Retail 33. Dance Halls 34. Delicatessens 35. Dental Laboratory Services 36. Dentists' Offices 37. Dentists' Services 38. Diaper Service 39. Doughnut Shops, Retail 40. Dress Shop, Sewing & Sales 41. Drive-In Establishments Banks Restaurants 42. Drugs & Proprietary, Retail 43. Duplicating, Mailing & Stenographic Services 44. Engineering & Architectural Services 45. Farm & Garden Supplies, Retail 46. Finance, Insurance, & Real Estate Services 47. Fish & Seafood, Retail 48. Florists, Retail 49. General Merchandise & Dry Goods, Retail 50. Gifts, Novelties, & Souvenirs, Retail 51. Groceries & Related Products, Retail 52. Household Specialties 53. Ice, Sales 54. Legal Services 55. Liquor Store, Retail 56. Laundry & Dry Cleaning Depot Self-Service Self-Service & Depot 57. Meat, Retail 58. Medical Clinics 59. Medical Laboratory Services 60. Newspaper & Magazine Dealers, Retail 61. Night Clubs 62. Nutrition Consulting Services 63. Offices General Professional 64. Office Supplies 65. Paint Supplies, Retail 66. Perfume & Cosmetic Shops, Retail 67. Photofinishing Services 68. Physical Therapists 69. Physicians' Services 70. Postal Services 71. Restaurants 72. Sandwich Shops 73. Soft Drinks, Retail 74. Stationery, Retail 75. Stamps & Coin Dealers 76. Sporting Goods (Athletic), Retail 77. Telegraph Message Centers 78. Travel Arranging Services 79. Variety Stores, Retail Sales 80. Welfare & Charitable Services Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 of this title: 1. Wireless Facilities and Wireless Support Structures C-COMMERCIAL Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Advertising Agencies, Offices 4. Agents, Shipping 5. Agriculture Equipment & Machinery Repair & Service Sales & Rentals Storage 6. Air Compressors, Sales & Rentals 7. Air Conditioning Equipment, Sales & Service 8. Airline Companies' Offices 9. Air Express Service, Warehouse 10. Alcoholic Beverages, Retail Wholesale 11. Alteration, Clothing 11a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Retail Wholesale 12. Aluminum Products, Assembly & Sales, Retail Sales 13. Animals Boarding (Kennels) Clinic (Office) Hospital (Veterinary) Shelter (Pound) Sales (Pet Shops) 15. Answering Service 16. Antiques & Secondhand Merchandise, Retail 17. Apparel & Accessories, Retail 18. Apparel & Other Finished Products, Manufacture 19. Appliances (Household) Repair Sales & Service 20. Appraisers 21. Architects & Engineering Supplies 22. Art Galleries 23. Artists, Commercial & Display 24. Artists, Materials & Supplies & Picture Framing 25. Asbestos Products, Sales & Storage 26. Audio-Visual Equipment Supplies, Retail 27. Automatic Temperature Controls, Manufacture 28. Automobiles & Motorcycles Glass Replacement & Upholstering Laundry (Car Wash) Motor Tune-up & Repair Work (Mechanical) Parking, Commercial Parts & Supplies Painting & Body Work Rentals Repair Work (Mechanical) Sales, New and/or Used Service Stations (Gasoline) Storage (Live), Fleet Parking Storage (Dead) Tire Retread & Recapping Tire Sales & Repair Towing & Wrchapter 5rvice 29. Awnings & Canvas Goods, Manufacture 30. Bakeries, Manufacture Retail Wholesale 31. Banks & Other Financial Institutions 32. Barber & Beauty Supplies 33. Bars & Taverns (Drinking Places-Alcoholic Beverages) 34. Bars, Metal & Steel, Wholesale 35. Beverages Bottling Wholesale & Retail 36. Billiard Tables, Sales & Service 37. Blue Printing Service & Photocopying Services & Equipment 38. Boilers, Contractors' Repair Shops 39. Bottling & Canning-Soft Drinks & Carbonated Waters 40. Bowling Alleys 41. Building Contractors' Offices, Shops & Yards (General Contractor Services) 42. Building Materials, Hardware & Equipment, Retail 43. Buildings, Office General Professional 44. Burglar & Fire Alarm Systems Installation, Sales & Service 45. Business Machines, Sales & Repair Service 46. Bus Garaging & Equipment Maintenance 47. Buses, Passenger Terminal 48. Business & Management Consultant Services 49. Business Machines, Sales & Repair Services 50. Cafeteria 51. Candy & Other Confectionery Products Manufacture Retail Wholesale 52. Canvas Goods: Manufacture Sales 53. Canning & Preserving of Fruits, Vegetables & Sea Foods 54. Carpets & Rugs, Cleaning & Repair 55. Catering Services 56. Cement Retail Wholesale 57. Chinaware, Glassware & Metalware, Retail 58. Chocolate & Cocoa Products, Manufacture 59. Cigarette & Tobacco Products Retail Wholesale 60. Civic, Social, & Fraternal Association (Clubhouse or Office) 61. Coin Machines, Sales, Service & Rental 62. Coffee Shops & Ice Cream Parlors 63. Commercial & Industrial Machinery, Equipment & Supplies, Sales & Rental 64. Concrete Products (Storage Yards) Wholesale 65. Construction Equipment & Materials Rentals Sales Storage 66. Costume Jewelry, Costume Novelties, Buttons and Miscellaneous Notions, Manufacture 67. Custom Brokers 68. Dairy Products, Retail Wholesale 69. Dance Halls 70. Dental Laboratory Services 71. Dentists' Offices 72. Detective & Protective Services 73. Diaper Services 74. Diesel Engines-Equipment, Service & Supply 75. Divers Services 76. Disinfecting & Exterminating Service 77. Doughnut Shop Wholesale Retail 78. Draperies, Curtains & Upholstery, Manufacture & Sales 79. Drilling Company, Equipment Yard 80. Drive-In Establishments Banks Restaurants 81. Drugs, Manufacture 82. Drugs & Proprietary, Retail Sales Wholesale & Storage 83. Duplicating, Mailing & Stenographic Services 84. Dyeing & Finishing of Textiles, Manufacture 85. Educational & Scientific Research Services 86. Electrical Appliances, Retail Sales & Services 87. Electrical Equipment & Supplies, Retail 88. Electrical Equipment, Repair Services 89. Electric Power Generation Offices Substations Yards (Storage) 90. Engineering & Architectural Services 91. Engines, Repair Services (Diesel & Other Power Engines) 92. Equipment Rental & Leasing Services 93. Farm & Garden Supplies, Retail 94. Finance, Insurance & Real Estate Services 95. Fire Protection & Related Services 96. Fire Stations 97. Fish & Seafood, Retail Wholesale 98. Florists, Retail 99. Food Products, Brokers & Distributors, Wholesale (Warehouse) 100. Freight Forwarding Services (Express) Garages & Warehouse Offices 101. Fruit Storage 102. Fruit & Vegetable Market, Wholesale 103. Furniture, Homefurnishing & Equipment Manufacture Display & Storage Retail Sales Upholstery 104. Funeral & Crematory Services 105. Garage, Community 106. Garage, Private 107. Garage, Public 108. Glass Shop-Window & Plates, Installation 109. General Merchandise & Dry Goods Retail Wholesale 110. Greenhouses 111. Groceries & Related Products Retail Wholesale 112. Guns, Sales & Gunsmith 113. Gymnasiums & Athletic Clubs 114. Hardware, Plumbing, Heating Equipment & Supplies, Sales 115. Hardware, Retail 116. Hotel & Restaurant Equipment & Supplies 117. Household Specialties 118. Ice Manufacture Sales 119. Ice Cream & Frozen Desserts, Manufacture 120. Interior Decorators Display & Sales Offices Workshops 121. Intercom Systems & Services, Sales 122. Iron (Custom Decorative), Wrought Iron Shops 123. Janitor Service 124. Janitor Supplies, Retail Sales Storage 125. Jewelry Design & Repair 126. Jewelry & Precious Metals Manufacture Retail & Repair 127. Labor Unions & Similar Labor Organizations, Halls 128. Landscape Gardeners' & Contractors' Offices 129. Landscape Gardeners' Equipment Storage Yard 130. Laundry & Dry Cleaning Depot Depot Processing (Industrial) Self-Service Self-Service & Depot 131. Leather Goods, Custom Repair 132. Leather Goods, Custom or Handicraft Production, Manufacture 133. Legal Services 134. Linen Supply & Industrial Laundry Services 135. Liquor, Wholesale 136. Liquor Store, Retail 137. Locksmith Shops, Repair & Retail 138. Lumber & Other Building Materials, Sales 139. Machine Rental Commercial & Domestic 140. Machine Shops 141. Manufacturers' Agents (Offices) 142. Marine Craft & Accessories, Supplies & Equipment 143. Marine Surveyors 144. Meat & Meat Products, Wholesale 145. Medical Clinics 146. Medical Laboratory Services 147. Mobile Home Sales 148. Motor Freight Garaging & Equipment Maintenance 149. Motor Freight Terminals 150. Movers-Warehouse & Garages 151. Music Shops-Instruments & Supplies (Sales & Repair) 152. Newspaper & Magazine Dealers Retail Wholesale & Distribution 152a. Nursery Schools (Children's Day Care) and Babysitting Bureaus 153. Office Furniture, Equipment & Supplies, Sales 154. Office Supplies 155. Optical Goods, Retail 156. Packing & Crating Services 157. Paint Supplies, Retail Sales 158. Paper & Paper Products, Wholesale 159. Perfumes, Cosmetics & Other Toilet Preparation, Manufacture 160. Perfume & Cosmetic Shops, Retail 161. Pharmaceutical Products, Manufacture 162. Photofinishing Services 163. Photographic Services 164. Photo-Copy Machine, Equipment & Supplies 165. Physical Therapists 166. Physicians' Services 167. Plumbing Fixtures & Supplies, Display and Sales 168. Police Protection & Related Activities 169. Police Stations 170. Postal Services 171. Postal Substations 172. Power Plants & Equipment 173. Printing, Publishing & Allied Industries 174. Professional Membership Organizations and Business Associations 175. Professional, Scientific & Controlling Instruments; Photographic & Optical Goods, Manufacture 176. Public Utility, Offices 177. Radios & Television, Retail 178. Radio Repair & Television Repair Services 179. Radio Communication Services 180. Radio & Television Transmittal Towers & Stations 181. Recording Service (Studios) 182. Refrigeration Equipment, Commercial & Servicing 183. Refrigerated Warehouse (Cold Storage) 184. Research, Development & Testing Services 185. Restaurants 186. Rubber Stamps, Sales, Manufacture 187. Rugs & Carpets, Cleaning & Repair Services 188. Sails, Manufacture 189. Sandwich Shops 190. Schools Auto Driving Barber & Beauty Business & Stenographic Professional Technical, Trade & Vocational 191. Sewage Lift Station & Pressure Control Station 192. Sewing Machines, Sales & Repair 193. Shoe Laces, Manufacture 194. Sheet Metal Work, Custom 195. Sign Painters' Shops & Yards, Manufacture 196. Soft Drinks, Retail Sales 197. Special Construction Trade Services, Offices, Shops & Yards 198. Sporting Goods (Athletic), Retail 199. Stamps, Rubber & Metal, Sales 200. Stationery Engravers 201. Stationery, Retail 202. Steel Bars, Sheet, Strip, Tube, etc., Sales and Storage 203. Syrups & Preserves, Manufacture 204. Tax Consultants' Offices 205. Taxicab Service (Stands) 206. Taxidermists 207. Telegraph Message Centers 208. Telephone Exchange Stations 209. Textile Mill Products, Manufacture 210. Thermometers, Manufacture 211. Trailers, Sales, Renting & Leasing 212. Travel Arranging Services 213. Upholstery, Furniture & Canvas Awnings 214. Variety Stores, Retail Sales 215. Vegetable Market, Retail-Wholesale 216. Vending Machines (Coin-Operated) Distribution & Repair 217. Warehouse & Storage Services (General) 218. Watch, Clock, Operated Devices & Jewelry, Manufacture 219. Water Delivery Service 220. Water, Mineral (Bottled), Storage & Distribution 221. Water Sports Equipment, Sales & Rentals 222. Water Pressure Control Stations 223. Welfare & Charitable Services (Offices) 224. Welding Equipment & Supplies, Storage 225. Welding Shop 226. Well Drilling Equipment & Supplies Storage Yards 227. Wholesale Trade, Storage & Warehouse 228. Windows, Sales 229. Woodwork Shop (Carpentry & Cabinet) Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Sign Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures I-1 HEAVY INDUSTRY Uses permitted as a matter of right: 1. Abattoirs 2. Accessory Buildings 3. Agricultural Processing 4. Agricultural Equipment & Machinery Sales & Rental Repair & Service Storage 5. Air Compressors, Sales & Rentals 6. Air Express Service Warehouse 7. Alcohol & Alcoholic Beverages, Manufacture 8. Alcoholic Beverages, Wholesale 8a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Manufacturing Wholesale 9. Alumina & Related Products, Manufacture 10. Aluminum Products, Assembly & Sales 11. Animals, Shelter (Pounds) 12. Apparel & Other Finished Products, Manufacture 13. Armories 14. Asbestos Products, Sales & Storage 15. Asphalt Paving, Plant & Storage Yard 16. Automobiles & Motorcycles Painting & Body Work Repair Work (Mechanical) Tire Repair & Recapping Towing & Wrecking Wrecking Yards 17. Bars, Metal & Steel, Wholesale 18. Beverages Bottling, Manufacture Wholesale & Retail 19. Boilers Contractors' Repair Shops 20. Bottling & Canning-Soft Drinks & Aerated Waters 21. Breweries 22. Building Contractors' Offices, Shops & Yards (General Contractor Services) 23. Building Materials, Hardware & Equipment, Storage 24. Bus Garaging & Equipment Maintenance 25. Candy & Other Confectionery Products Manufacture Wholesale 26. Canning & Preserving of Fruits, Vegetables, & Sea Foods 27. Canvas Goods Manufacture Sales 28. Cement Manufacture Bagging & Storage (Bulk Plant) Wholesale 29. Central Garbage Grinding Stations 30. Chocolate & Cocoa Products, Manufacture 31. Cigarettes & Tobacco Products, Wholesale 32. Clay, Structural Products, Manufacture 33. Commercial & Industrial Machinery, Equipment & Supplies, Sales & Rental 34. Concrete Products Manufacture Ready-Mixed Plant Storage Yards 35. Construction Equipment and Materials Rental Storage Sales 36. Costume Jewelry, Costume Novelties, Buttons & Miscellaneous Notions, Manufacture 37. Crane & Hoist Service, Storage 38. Crushed & Broken Stone Manufacture Storage 39. Cylinders, Air & Hydraulic, Sales & Service 40. Diesel Engines-Equipment, Service & Supply 41. Distillation Plant (Water) 42. Distilling Company, Equipment Yard 43. Dry Dock-Cranehoist Marine Railway 44. Drugs, Manufacture 45. Dyeing & Finishing of Textiles, Manufacture 46. Electrical Contractors' Shops & Yards 47. Electric Power Generation Offices Plants Substations Yards (Storage) 48. Engines, Repair Services (Diesel & Other Power Engines) 49. Explosives & Inflammable Liquids, Storage 50. Fabricated Metal Products, Manufacture 51. Fire Protection & Related Activities 52. Flammable Liquids, Storage 53. Freight Forwarding Services Garages & Warehouses 54. Garbage Collection (Storage & Equipment) 55. Ice, Manufacture 56. Ice Cream & Frozen Desserts, Manufacture 57. Industrial Waste Disposal 58. Insecticides, Storage 59. Iron (Custom Decorative), Wrought Iron Shops 60. Jewelry & Precious Metals, Manufacture 61. Junkyard 62. Laundry & Dry Cleaning, Processing 63. Leather Goods, Custom or Handicraft Production, Manufacture 64. Lubricating Oils, Compounds, Storage 65. Lumber & Other Building Materials, Wholesale 66. Machine Shops 67. Machine Rental, Commercial 68. Marine Terminals Fishing Freight 69. Marine Craft & Accessories Ship & Boat Building Supplies & Equipment 70. Military Bases & Reservations 71. Molasses, Storage 72. Motor Freight Terminals 73. Motor Freight Garaging & Equipment Maintenance 74. Packing & Crating Services 75. Paints, Varnishes, Lacquers, Enamels & Allied Products, Manufacture 76. Paints & Varnishes, Bulk Storage (Warehouse) 77. Paving Contractors' Storage Yards 78. Perfumes, Cosmetics & Other Toilet Preparation, Manufacture 79. Petroleum Refining & Related Industries 80. Pharmaceutical Products, Manufacture 81. Plastic Materials, Synthetic & Other Manmade Fibers, Manufacture 82. Pottery & Related Products, Manufacture 83. Public Utility, Plants 84. Radio & Television Transmittal Towers 85. Refrigerated Warehouse 86. Refuse Incineration (Solid Waste) 87. Refuse Disposals (Solid Waste) 88. Restaurants 89. Research Development & Testing Services 90. Rubbish Removal, Commercial, Equipment Yard (Solid Waste Disposal) 91. Sails, Manufacture 92. Salvage, Equipment & Storage Yards 93. Sand & Gravel, Storage Yards 94. Sandwich Shops 95. Scrap Metal, Storage 96. Sanitary Services, Equipment & Storage Yards Rubbish Removal Septic Cleaning & Installation 97. School Technical, Trade & Vocational 98. Sewage Treatment Plants 99. Sewer Cleaning Services 100. Sewage-Lift Station & Pressure Control Station 101. Sheet Metal Work, Custom 102. Shoe Laces, Manufacture 103. Special Construction Trade Services, Offices, Shops & Yards 104. Steel Bars, Sheet, Strip Tube, etc., Sales & Storage 105. Storage Yards, Bulk Material 106. Telephone Relay Towers 107. Thermometers, Manufacture 108. Textile Mill Products, Manufacture 109. Upholstery, Furniture & Canvas Awnings 110. Warehouse & Storage Services (General) 111. Water Distillation & Processing 112. Water Delivery Service 113. Water, Mineral (Bottled), Storage & Distribution 114. Water Pressure Control Stations 115. Water Storage (Facilities) 116. Welding Equipment & Supplies, Storage Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures I-2 LIGHT INDUSTRY Uses permitted as a matter of right: 1. Accessory Buildings 2. Accounting, Auditing & Bookkeeping Services 3. Advertising Agencies, Offices 4. Agents, Shipping 5. Agricultural Equipment & Machinery Repair & Service Sales & Rentals Storage 6. Agricultural Processing 7. Air Compressors, Sales & Rentals 8. Air Conditioning Equipment, Sales & Service 9. Air Express Service, Warehouse 10. Alcohol & Alcoholic Beverages, Manufacture 11. Alcoholic Beverages Retail Wholesale 11a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Manufacturing Wholesale 12. Aluminum Products Assembly & Sales Retail Sales 13. Ambulance Service, Office & Garage 14. Animals Boarding (Kennels) Clinics (Office) Hospital (Veterinary) Shelter (Pound) Sales (Pet Shops) 15. Answering Service 16. Apparel & Other Finished Products, Manufacture, Wholesale, Retail, Churches and Halls of Worship 17. Armories 18. Architects' & Engineering Supplies 19. Asbestos Products-Sales & Storage 20. Automobiles & Motorcycles Accessories Glass Replacement & Upholstering Laundry (Car Wash) Motor Tune-Up & Repair Work (Mechanical) Painting & Body Repair Work Parking, Commercial Repair Work (Mechanical) Sales-New and/or Used Service Stations (Gasoline) Storage (Live), Fleet Parking Storage (Dead), Fleet Parking Tire Sales & Repair Tire Retread & Recapping Towing & Wrecking Service 21. Awnings & Canvas Goods, Manufacture 22. Bakeries, Manufacture, Wholesale, Retail, Churches and Halls of Worship 23. Bars, Metal & Steels, Wholesale 24. Beverages, Bottling, Manufacture, Wholesale, Retail, Churches and Halls of Worship 25. Blue Printing & Photocopying Services & Equipment 26. Boilers, Contractors' Repair Shops 27. Bottling & Canning Soft Drinks & Aerated Waters, Wholesale, Retail, Churches and Halls of Worship 28. Building Contractors' Office, Shops & Yards (General Contractor Services) 29. Building Materials, Hardware & Equipment, Retail Sales 30. Burglar Alarm Systems Installation, Sales & Service 31. Bus Garaging & Equipment Maintenance 32. Buses, Passenger Terminal 33. Cafeteria 34. Candy & Other Confectionery Products Manufacture Wholesale, Retail, Churches and Halls of Worship 35. Canning & Preserving of Fruits, Vegetables & Sea Foods, Retail, Churches and Halls of Worship 36. Canvas Goods, Manufacture 37. Carpets & Rugs, Cleaning & Repair 38. Cement Bagging & Storage (Bulk Plant) Retail & Wholesale 39. Chocolate & Cocoa Products, Manufacture 40. Cigarette & Tobacco Products, Wholesale, Retail, Churches and Halls of Worship 41. Clay, Structural Products, Manufacture 42. Commercial & Industrial Machinery, Equipment & Supplies, Sales & Rental 43. Concrete Products Manufacture, Sales, Churches and Halls of Worship Storage Yards 44. Construction Equipment & Materials Rental Storage Sales 45. Costume Jewelry, Costume Novelties, Buttons & Miscellaneous Notions, Manufacture 46. Crane & Hoist Service, Storage 47. Cylinders, Air & Hydraulic, Sales & Service 48. Dairies, Processing & Distribution 49. Dairy Products, Wholesale, Retail, Churches and Halls of Worship 50. Disinfecting & Exterminating Service 51. Diesel Engines-Equipment, Service & Supplies 52. Doughnut Shops, Wholesale, Retail, Churches and Halls of Worship 53. Drive-In Establishments, Restaurants 54. Draperies, Curtains & Upholstery, Manufacture Sales 55. Drugs, Manufacture 56. Drugs & Proprietary, Wholesale & Storage 56a. Dwelling, Single Family 57. Dyeing & Finishing of Textiles, Manufacture 58. Educational & Scientific Research Services 59. Electrical Equipment & Supplies, Retail Sales 60. Electrical Equipment, Repair Services 61. Electric Power Generation Offices Substations Yards (Storage) 62. Engines, Repair Services (Diesel & Other Power Engines) 63. Fire Protection & Related Activities 64. Fish & Seafoods, Retail & Wholesale 65. Food Products, Brokers & Distributors, Wholesale, Retail, Churches and Halls of Worship (Warehouse) 66. Freight Forwarding Services (Express) Garages & Warehouses Offices 67. Fruit & Vegetable Market, Wholesale, Retail, Churches and Halls of Worship 68. Fruit Storage 69. Funeral & Crematory Services 70. Furniture, Home Furnishing & Equipment Display & Storage Upholstering 71. Garage, Private 72. Garage, Public 73. Glass Shop-Window & Plate, Installation 74. Groceries & Related Products, Wholesale, Retail, Churches and Halls of Worship 75. Hardware, Plumbing, Heating Equipment & Supplies, Sales 76. Hotel & Restaurant Equipment & Supplies 77. Ice Manufacture Sales 78. Ice Cream & Frozen Desserts, Manufacture 79. Industrial Waste Disposal 80. Insecticides, Storage 81. Iron (Custom Decorative), Wrought Iron Shops 82. Janitor Service 83. Janitor Supplies Retail Sales Storage 84. Jewelry & Precious Metals, Manufacture 85. Labor Unions & Similar Labor Organizations, Halls 86. Laundry & Dry Cleaning, Processing 87. Leather Goods, Custom or Handicraft Production, Manufacture 88. Linen Supply & Industrial Laundry Services 89. Liquor, Wholesale 90. Lubricating Oils, Compounds, Storage 91. Lumber & Other Building Materials, Wholesale & Retail 92. Machine Rental, Commercial & Domestic 93. Machine Shops 94. Manufacturers' Agents (Offices) 95. Marine Craft & Accessories, Supplies & Equipment 96. Marine Surveyors 97. Marine Terminals (Docking Facilities & Associated Areas) Fishing Freight Passenger & Freight 98. Meat & Meat Products, Wholesale 99. Military Bases & Reservations 100. Mobile Home Sales 101. Motor Freight Garaging & Equipment Maintenance 102. Motor Freight Terminals 103. Movers-Warehouse & Garages 104. Newspaper & Magazine Dealers Wholesale & Distribution 105. Office Furniture, Equipment & Supplies, Sales 106. Paints & Varnishes, Bulk Storage (Warehouse) 107. Painting Contractors' Offices, Shops & Yards 108. Perfumes, Cosmetics & Other Toilet Preparation, Manufacture, Sales, Churches and Halls of Worship 109. Pharmaceutical Products, Manufacture, Sales, Churches and Halls of Worship 110. Photographic Services 111. Plumbing, Heating & Air Conditioning Services 112. Plumbing Fixtures & Supplies, Display, Sales 113. Public Utility Offices & Yards 114. Printing, Publishing & Allied Industries 115. Radio Communication Services 116. Radio & Television Transmittal Towers 117. Refrigeration Equipment, Commercial & Servicing 118. Refrigerated Warehouse 119. Research, Development & Testing 120. Restaurants 121. Rubber Stamps Sales, Manufacture 122. Rubbish Removal, Commercial, Equipment Yard (Solid Waste Disposal) 123. Rugs & Carpets, Cleaning & Repair Services 124. Salvage Company, Equipment, Storage Yards, Sales, Churches and Halls of Worship 125. Sanitary Services-Equipment & Storage Yards Rubbish Removal Septic Cleaning & Installation 126. Schools Auto Driving Technical, Trade & Vocational 127. Sewage Treatment Plants 128. Sewage Lift Station & Pressure Control Station 129. Sewer Cleaning Services 130. Shoe Laces, Manufacture 131. Sign Painters' Shops & Yards, Manufacture 132. Special Construction Trade Services 133. Stationery Engravers 134. Steel Bars, Sheet, Strip, Tube, etc., Sales & Storage 135. Swimming Pools Service & Repair, Equipment & Supplies 136. Syrups & Preserves, Mfg. Sales, Churches and Halls of Worship 137. Telephone Exchange Stations 138. Telephone Relay Towers 139. Textile Mill Products, Mfg. 140. Thermometers, Manufacture 141. Trailers, Sales, Renting & Leasing 142. Vending Machines (Coin-Operated) Distribution & Repair 143. Vegetable Market, Wholesale, Retail, Churches and Halls of Worship 144. Warehouse & Storage Services (General) 145. Watch, Clock, Operated Devices & Jewelry, Manufacture 146. Water Delivery Service 147. Water, Mineral (Bottled), Storage, Distribution Sales, Churches and Halls of Worship 148. Water Pressure Control Stations 149. Water Storage (Facilities) 150. Welding Equipment & Supplies, Storage 151. Welding Shop 152. Well Drilling Equipment & Supplies Storage Yards 153. Wholesale Trade, Storage & Warehouse 154. Woodwork Shop (Carpentry & Cabinet) Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Sign Business Directional Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures W-1 WATERFRONT-PLEASURE Uses permitted as a matter of right: 1. Agriculture, Fish & Marine Products (Hatcheries & Pond) 1a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Retail 2. Amphitheaters 3. Amusement Parks & Fairgrounds 4. Aquariums 5. Athletic Fields (Playfields) 6. Auditoriums 7. Automobiles & Motorcycles, Parking Lots-Commercial 8. Bars & Taverns (Drinking Places) 9. Baths, Public 10. Botanical Gardens & Arboretums 11. Camps, Group or Organized 12. Camping & Picnicking Areas 13. Civic, Social & Fraternal Associations (Clubhouse or Office) 14. Coffee Shops & Ice Cream Parlors 15. Concession, Retail 16. Country Clubs 17. Custom Brokers 18. Delicatessens 19. Divers' Services 20. Dwellings Attached Detached Group Semidetached Single-Family Two-Family 21. Garage Community Private 22. Golf Club 23. Golf Courses 24. Greenhouses 25. Home Occupation 26. Libraries 27. Marinas (Recreational Marine Crafts) Charter & Rentals Boat Access Sites Boathouses (Storage) 28. Marine Craft & Accessories Sales & Repair of Recreational Marine Craft (Non-Dry Docking) Supplies & Equipment, Retail 29. Marine Surveyors 30. Marine Terminals (Docking Facilities & Associated Areas) Passenger Fishing 31. Mobile Homes 32. Motion Picture Theatres- Indoor Outdoor 33. Museums 34. Nurseries (Plants) 35. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 36. Playgrounds 37. Play Lots or Tot Lots 38. Professional Membership Organizations & Business Associations (Clubhouse or Office) 39. Recreational Centers (General) 40. Restaurants 41. Schools Art Dancing (Studios) Diving & Snorkeling Music Water Skiing 42. Sewage Lift & Pressure Control Station 43. Sewage Treatment Plants 44. Sporting Goods (Athletic), Retail 45. Swimming Pools 46. Tennis Courts 47. Travel Arranging Services 48. Water Pressure Control Stations 49. Water Sports Equipment, Sales & Rental 50. Yacht Clubs 51. Zoological Gardens Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Apartment Houses, Hotels and Guesthouses (Dwelling, Multi-Family) 2. Night Clubs 3. Planned Development 4. Refreshment Stands 5. Signs Business Directional For Sale or For Rent Identification Temporary Accessory uses permitted subject to the conditions set forth in section 233 of this subchapter: 1. Accessory Buildings (Structures) 2. Apparel & Accessories, Retail 3. Artists, Commercial & Display 4. Artists' Studios 5. Automobiles & Motorcycles, Rentals (Office) 6. Barber or Beauty Shops 7. Books & Stationery, Retail 8. Cameras & Photographic Supplies, Retail 9. Candy & Other Confectionery, Retail 10. Chinaware, Glassware & Metalware, Retail 11. Cigarettes & Tobacco Products, Retail 12. Drugs & Proprietary, Retail 13. Florists, Retail 14. Gifts, Novelties & Souvenirs, Retail 15. Jewelry & Precious Metals, Retail & Repair 16. Laundry & Dry Cleaning Depot Self-Service Self-Service & Depot 17. Liquor, Retail 18. News & Magazine Dealers, Retail 19. Perfume & Cosmetic Shops, Retail Uses permitted subject to rules and regulations promulgated under chapter 5 chapter 5itle: 1. Wireless Facilities and Wireless Support Structures W-2 WATERFRONT-INDUSTRIAL Uses permitted as a matter of right: 1. Abattoirs 2. Accessory Buildings 3. Alcohol & Alcoholic Beverages, Manufacture 4. Alcoholic Beverages, Wholesale 4a. Alternative and Renewable Energy Systems and Components (solar photovoltaic, solar thermal, wind turbine or other wind converters) Assembly Manufacturing Retail Wholesale 5. Aluminum Products, Assembly & Sales 6. Asphalt Paving, Plant & Storage Yard 7. Agents, Shipping 8. Apparel & Other Finished Products, Manufacture 9. Agriculture, Fish & Marine Products (Hatcheries & Ponds) 10. Agriculture Processing 11. Aquariums 12. Armories 13. Asbestos Products, Sales & Storage 14. Asphalt Paving Plant & Storage Yard 15. Automobiles & Motorcycles Parking Lots-Commercial Storage (Live) Fleet Parking Wrecking Yards (Storage) 16. Bars, Metal & Steel, Wholesale 17. Bars & Taverns (Drinking Places) 18. Beverages Bottling, Manufacture Wholesale 19. Bottling & Canning, Soft Drinks & Aerated Waters 20. Breweries 21. Building Materials, Hardware & Equipment, Sales & Storage 22. Cafeteria 23. Canning & Preserving of Fruits, Vegetables & Sea Foods 24. Canvas Goods, Manufacture 25. Cement Bagging & Storage (Bulk Plant) Wholesale 26. Central Garbage Grinding Stations 27. Chocolate, Cocoa Products, Manufacture 28. Cigarettes & Tobacco Products, Wholesale 29. Clay, Structural Products, Manufacture 30. Custom Brokers 31. Compositing Plants 32. Concrete Products Manufacture Storage Yards 33. Construction Equipment & Materials Rental Sales Storage 34. Crane & Hoist Service (Storage) 35. Cylinders, Air & Hydraulic Sales & Service 36. Diesel Engines-Equipment Service & Supply 37. Distillation Plant (Water) 38. Drugs, Manufacture 39. Dry Dock Crane Hoist Marine Railway 40. Educational & Scientific Research Service 41. Engines, Repair Service (Diesel & Other Power Engines) 42. Fruit, Storage 43. Fruit & Vegetable Market, Wholesale 44. Fire Protection & Related Activities 45. Fish & Seafood, Wholesale 46. Fishing Activities & Related Services 47. Freight Forwarding Services Garages & Warehouses Office 48. Food Products-Brokers & Distributors, Wholesale (Warehouse) 49. Garage Private Public 50. Garbage, Grinding & Compacting 51. Groceries & Related Products, Wholesale 52. Hardware, Plumbing, Heating Equipment & Supplies, Sales 53. Industrial Waste Disposal 54. Insecticides, Storage 55. Junkyard 56. Leather Goods, Custom or Handicraft Production, Manufacture 57. Liquor, Wholesale 58. Lubricating Oils, Compounds, Storage 59. Lumber & Other Building Materials, Wholesale 60. Machine Shops 61. Manufacturers' Agents (Office) 62. Marinas (Recreational Marine Crafts) Charter & Rentals Boat Access Sites Boathouses (Storage) 63. Marine Craft & Accessories Sales & Repair of Recreational Marine Craft Ship & Boat Building & Repairing Supplies & Equipment, Sales 64. Marine Surveyors 65. Marine Terminals (Docking Facilities & Associated Areas) Fishing Freight Passenger Freight & Passenger 66. Meat & Meat Products, Wholesale 67. Molasses, Storage 68. Motor Freight, Terminals 69. Packing & Crating Services 70. Paints & Varnishes, Bulk Storage 71. Perfumes, Cosmetics & Other Toilet Preparations, Manufacture 72. Pharmaceutical Products, Manufacture 73. Professional Membership Organizations & Business Associations (Clubhouse or Office) 74. Professional, Scientific & Controlling Instruments; Photographic & Optical Goods, Manufacture 74a. Propane and Manufactured Gas, Storage and Distribution 75. Radio Communication Services 76. Restaurants 77. Sea Plane Terminals (Ramp) 78. Salvage, Marine 79. Sand & Gravel, Storage 80. Schools Diving & Snorkeling Technical, Trade & Vocational 81. Scrap Metal, Storage 82. Steel Bars, Sheet, Strip, Tube, etc., Sales & Storage 83. Sewage Treatment Plants 84. Sewage Lift Station & Pressure Control Station 85. Textile Mill Products, Manufacture 86. Trailers, Sales, Rental & Leasing 87. Travel Arranging Services 88. Watch, Clock, Operated Devices & Jewelry, Manufacture 89. Water Distillation & Processing 90. Water Pressure Control Stations 91. Water Sports Equipment, Sales & Rentals 92. Water Storage (Facilities) Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Planned Development 2. Signs Business Directional For Sale or For Rent Identification Temporary Uses permitted subject to rules and regulations promulgated under chapter 5 of this title: 1. Wireless Facilities and Wireless Support Structures P-PUBLIC Uses permitted as a matter of right: 1. Abattoirs 2. Accessory Buildings 3. Agricultural Processing 4. Agriculture Crops, Fruits & Vegetables Fish & Marine Products (Hatcheries & Ponds) Forest & Forestry Horticulture Livestock & Poultry 5. Airplane & Aircraft Airline Companies, Offices Ambulance Service Flying School Rental & Charter Repair & Services Sales (Aircraft & Accessories) Storage Taxi Service 6. Airports & Flying Fields 7. Amphitheaters 8. Animals, Shelter (Pound) 9. Aquariums 10. Art Galleries 11. Arenas & Field Houses 12. Armories 13. Athletic Fields (Playfields) 14. Auditorium 15. Automobiles & Motorcycles Storage (Live), Fleet Parking Storage (Dead), Fleet Parking 16. Baths, Public 17. Bowling Alleys 18. Botanical Gardens & Arboretums 19. Cemeteries 20. Central Gchapter 5inding Stations 21. Civic, Social & Fraternal Associations (Clubhouse or Office) 22. Colleges 23. Community Centers 24. Convention Centers 25. Correctional Institutions 26. Detective & Protective Services 27. Dormitory Buildings 28. Educational & Scientific Research Services 29. Electric Power Generation Offices Substations Yards (Storage) 30. Fishing Activities & Related Services 31. Fire Protection & Related Activities 32. Fire Station 33. Garage, Public 34. Golf Clubs 35. Golf Courses 36. Gymnasiums & Athletic Clubs 37. Greenhouses 38. Hospitals 39. Libraries 40. Marine Terminals (Docking Facilities & Associated Areas) Fishing Freight Passenger Passenger & Freight 41. Markets 42. Medical Clinics 43. Medical Laboratory Services 44. Military Bases & Reservations 45. Motion Picture Theatres Indoor Outdoor 46. Museums 47. Nurseries (Plants) 48. Offices General Professional 49. Parks & Recreational Areas, Memorial Parks, Memorial Gardens, Memorial Nature Preserves or Parks, Perpetual Care Parks 50. Playgrounds 51. Play Lots or Tot Lots 52. Police Protection & Related Activities 53. Police Stations 54. Postal Services 55. Postal Stations 56. Professional Membership Organizations & Business Associations 57. Radio & Television Transmittal Towers & Stations 58. Recreational Centers (General) 59. Refuse Incineration (Solid Waste) 60. Refuse Disposals (Solid Waste) 61. Research, Development & Testing Services 62. Riding Stables 63. Roller Skating 64. Schools Aviation (Ground) Business & Stenographic Diving & Snorkeling Nursery Primary (Elementary) Secondary Special Education Technical, Trade & Vocational 65. Sea Plane Terminals (Ramp) 66. Sewage Treatment Plants 67. Sewage Lift Station & Pressure Control Station 68. Shooting Ranges (Outdoor) 69. Stadium 70. Swimming Pools 71. Tennis Courts 72. Travel Arranging Services 73. Water Distillation & Processing 74. Water Pressure Control Stations 75. Water Storage (Facilities) 76. Welfare & Charitable Services 77. Youth Correctional Institution 78. Zoological Gardens Uses permitted subject to the conditions set forth in sections 231 and 232 of this subchapter: 1. Amusement Parks 2. Cafes (Drinking Places) 3. Camps 4. Restaurants 5. Retail Concessions 6. Signs Directional Identification Temporary 7. Warehousing, Storage and Light Industrial Uses 8. Slot machines at the St. Croix horse race track and video lottery terminals (VLTs) at the St. Thomas horse racetrack pursuant to title 32 V.I.C., chapter 21. Uses permitted subject to rules and regulations promulgated under chapter 5 of this title: 1. Wireless Facilities and Wireless Support Structures S-SPECIAL Uses permitted as of right: 1. Accessory Building 2. Alteration Clothing 3. Art Galleries 4. Artists' Studios 5. Children's Home 6. Churches, Synagogues, Tempchapter 5day School Buildings 7. Civic, Social & Fraternal Associations (clubhouses or office) 8. Convalescent, Rest, Nursing & Retirement Homes 9. Dwellings Attached Detached Group Semidetached Single-family Two-family Multiple 10. Garage, Private 11. Home Occupation 12. Libraries 13. Museums 14. Nursery Schools 15. Playground 16. Play Lots 17. Religious Quarters 18. Rooming & Boarding Homes 19. Schools Art Nursery Primary (Elementary) Secondary Special Education 20. Swimming Pools 21. Tennis Courts Uses permitted subject to the conditions of section 231 of this subchapter: 1. Community Center 2. Fire Station, Police Station & Postal Stations 3. Garage, Community 4. Medical Clinic 5. Nurseries (Plants) Uses permitted subject to rules and regulations promulgated under chapter 5 of this title: 1. Neighborhood Grocery 2. Local Craft Manufacturing 3. Wireless Facilities and Wireless Support Structures History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 282; amended Feb. 24, 1978, No. 4098, Sess. L. 1978, p. 23; Aug. 4, 1978, No. 4181, § 2, Sess. L. 1978, p. 193; Dec. 7, 1982, No. 4772, § 2(b), Sess. L. 1982, p. 249; Dec. 29, 1986, No. 5246, § 2, Sess. L. 1986, p. 423; Oct. 13, 1994, No. 6021, § 1, Sess. L. 1994, p. 213; Dec. 1, 2001, No. 6479, § 24(a), Sess. L. 2001, p. 331; May 28, 2005, No. 6745, § 2, Sess. L. 2005, p. 197; July 3, 2009, No. 7075, § 13(b), Sess. L. 2009, p. 111; May 10, 2010, No. 7169, § 8(a), Sess. L. 2010, p. 71; Oct. 7, 2011, No. 7299, § 2(b), (c) (1), (2), Sess. L. 2011, p. 174 ; Oct. 27, 2011, No. 7318, § 4 (1.), Sess. L. 2011, p. 269; amended July 30, 2016, No. 7891, § 4, Sess. L. 2016, p. 121; amended Dec. 15, 2016, No. 7952, § 11(a)(1), (2), Sess. L. 2016, p. 234, 235; amended Jan. 20, 2017, No. 7980, § 1(a), Sess. L. 2016, p. 414; amended Apr. 22, 2022, No. 8577, § 1(a)(1), (2), Sess. L. 2022, p. 151.

History: Repealed. Mar. 26, 1997, No. 6132, §3, Sess. L. 1997, p. 6.

A-1 Agricultural Zone (a) The Virgin Islands, at one time, produced a substantial amount of sugar. Today, the sugarcane fields lie fallow and for the most part unused. The Virgin Islands at one time produced beef for export. That situation no longer prevails. There is a small amount of truck farming on the northerly side of St. Thomas. Some beef cattle are raised on the Islands and there is some dairying. For the most part, however, potential agricultural lands are unused. They should be used to help provide food for the residents of the Islands and thus reduce the need for imports of food. To that end, the lands should be protected against incongruous uses. The zoning of potential agricultural lands, particularly on St. Croix, with a minimum requirement of forty (40) acres for each principal dwelling unit will assure that the lands will be maintained for their highest and best use. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the A-1 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. These include, but are not limited to, barns, storage sheds, and a secondary residence for an employee. One (1) roadside stand for the sale of agricultural products produced on the premises shall be permitted. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be used for A-1 Agricultural purposes shall have a minimum area of forty (40) acres. Permitted lot occupancy Every parcel of land shall be occupied by not more than two (2) dwelling units. Front yard Every structure in a A-1 District shall be set back a minimum distance of fifty (50) feet from the front property line. Side and rear yards Every structure in a A-1 District shall provide minimum side and rear yards of not less than one hundred (100) feet from the property line. Maximum height limits No residential structure shall exceed a height of three (3) stories. A-2 Agricultural Zone (b) There are limited areas which can best be used for agriculture on a scale smaller than forty acres. These truck farming areas, with a minimum area of two acres for each principal building, readily accessible to urban markets, will serve a useful purpose in providing fruits and vegetables locally, thus lessening the need for importing such products. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the A-2 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section of Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. These include but are not limited to, barns, storage sheds, and a secondary residence for an employee. One (1) roadside stand for the sale of agriculture products produced on the premises shall be permitted. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be used for A-2 Agricultural purposes shall have a minimum area of two (2) acres. Permitted lot occupancy Every parcel of land shall be occupied by not more than two (2) dwelling units. Front yard Every structure in a A-2 District shall be set back a minimum distance of twenty-five (25) feet from the front property line. Side and rear yards Every structure in a A-2 District shall provide minimum side and rear yards of not less than fifty (50) feet from the property line. Maximum height limits No residential structure shall exceed a height of three (3) stories. R-1 Residential-Low density (c) Much of the land in the Virgin Islands is hilly or mountainous with steep slopes and a minimum amount of soil over a rocky subsurface. These areas are being used for residential purposes, with sewage disposal by means of septic tanks. The minimum lot area for such use should be one-half (1/2) acre, and even this minimum is questionable with respect to adequate disposal of sewage without surfacing of effluent to disturb one's neighbor. Fortunately, there is no conflict with wells that supply drinking water. These zones should be carefully located in relation to subdivision regulations. Use permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the R-1 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Permitted density Every zoning lot shall be occupied by not more than two (2) dwelling units. Permitted lot occupancy All principal residential structures shall occupy not more than a total of twenty-five (25) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized in the R-1 District shall have a minimum lot area of one-half (1/2) acre. Lot width Every lot shall have a minimum lot width at the street line of one hundred (100) feet. Front yard Every structure in a R-1 District shall be set back a minimum distance of fifteen (15) feet from the front property line. Side and rear yards Every structure in a R-1 District shall provide minimum side and rear yards of not less than fifteen (15) feet from the property line. Maximum height limit No residential structure shall exceed a height of two (2) stories. R-2 Residential-Low density one- and two-family (d) Much of the so-called residential property in the Virgin Islands is presently zoned R-10, in theory requiring a minimum lot area of 10,000 square feet. Because that pattern has already been established, the R-2 Residential areas will maintain the same minimum lot requirements. Incongruous uses, such as business and industry, will not be permitted except that planned developments are allowed, provided the density pattern is retained. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the R-2 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Permitted density Every zoning lot shall be occupied by not more than two (2) dwelling units. Permitted lot occupancy All principal structures shall occupy not more than a total of thirty (30) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized for residential purposes in the R-2 District shall have a minimum lot area of ten thousand (10,000) square feet. Lot width Every lot shall have a minimum lot width at the street line of seventy-five (75) feet. Front yard Every structure in a R-2 District shall be set back in minimum distance of fifteen (15) feet from the property line. Side and rear yards Every structure in a R-2 District shall provide minimum side and rear yards of not less than ten (10) feet from the property line. Maximum height limit No residential structure shall exceed a height of two (2) stories. R-3 Residential-Medium density (e) Because the areas that are buildable in the Virgin Islands are limited to topography and availability of central sewer and water facilities and because of the estimated rise in population and because of the need of providing a considerable number of low cost or low rental housing units, higher densities must be permitted than will be found in single and two-family residential districts. At the same time, there must be a reasonable limitation of density because of the limited ability of the Islands to provide central public services, highways, transportation, parking, etc. Three categories for multi-family housing are being provided. The first limits the number of persons per acre to eighty (80). This makes it possible to develop land with a variety of multi-family units and not limit the number of dwellings per acre. The R-3 Residential zones will provide for medium density hotels and multi-family dwellings and their related needs. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the R-3 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted as set forth in section 233 of this subchapter. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Limitations on persons per acre The maximum number of persons per acre for residential structures shall not exceed eighty (80) persons at the time of construction. Permitted lot occupancy All principal residential structures shall occupy not more than a total of thirty (30) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized for residential purposes in the R-3 Residential District shall have a minimum lot area of six thousand (6,000) square feet. Usable open space In addition to the requirements set forth herein for Permitted Lot Occupancy and for Off-Street Parking, thirty-five (35) percent of the area of the zoning lot shall be reserved for Usable Open Space. Maximum height limit No residential structure shall exceed a height of six (6) stories. R-4 Residential-Medium density (f) Substantial areas of the Virgin Islands, particularly in the built-up urban sections, have been zoned for a theoretical minimum lot area of 3,000 square feet for residential purposes. In these areas the size of lots varies from 1,000 square feet to over 8,000 square feet. The lot area requirements have often been violated for residence purposes by exceptions; further intrusions have permitted nonresidential uses. The result has been a mixture of nonrelated uses in what was supposed to be residential areas of modest homes. Because the pattern of the 1,000 to over 8,000 square foot lots has been established, it is retained but kept for residential purposes. The R-4 Residential zones will limit the density to one hundred twenty (120) persons per acre. This makes it possible to develop areas for multiple family use within a range of low to medium densities. Areas which are no longer suitable for residences alone because of the intrusion of incongruous uses are suggested for different types of zoning. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the R-4 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking area Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Limitations on persons per acre The maximum number of persons per acre for residential structures shall not exceed one hundred twenty (120) persons at the time of construction. Permitted lot occupancy All principal structures shall occupy not more than fifty (50) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized for residential purposes in the R-4 District shall have a minimum lot area of three thousand (3,000) square feet. Lot width Every lot shall have a minimum lot width at the street line of not less than forty (40) feet. Maximum height limit No residential structure shall exceed a height of three (3) stories. R-5 Residential-High density (g) Because of the nature of development in the Virgin Islands and their importance as a tourist center, hotels, apartment houses and other multi-family residential units will be required. While densities comparable to those to be found in our largest cities would make no sense in the Virgin Islands, areas must be established where high density structures are permitted as a matter of right and are not dependent upon the issuance of an exception. Such areas are shown upon the zoning maps. The R-5 Residential zones will limit the density to one hundred sixty (160) persons per acre. This will permit a greater variety in the number and type of dwelling units to be constructed than would be possible if limitations were based on the number of dwelling units. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the R-5 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted as set forth in section 233 of this subchapter. Required parking areas Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. Limitations on persons per acre The maximum number of persons per acre for residential structures shall not exceed one hundred sixty (160) persons at the time of construction. Permitted lot occupancy All principal residential structures shall occupy not more than a total of thirty (30) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized in the R-5 Residential District shall have a minimum lot area of ten thousand (10,000) square feet. Usable open space In addition to the requirements set forth herein for Permitted Lot Occupancy and for Off-Street Parking, thirty-five (35) percent of the area of the zoning lot shall be reserved for Usable Open Space. Maximum height limit No residential structure shall exceed a height of eight (8) stories. B-1 Business-Central business district (h) The central business districts of Charlotte Amalie, Christiansted and Frederiksted are devoted primarily to commercial enterprises serving the visitor and tourist. There are also hotels, professional offices and, in some instances, residences. In Charlotte Amalie, there are industrial uses which would appear not to be the highest and best use to which central business district properties could be put. These areas also represent the historical districts of the communities. Buildings have been traditionally limited in height. All three cities face the water and in all cases are used for some form of shipping. The B-1 District will maintain the historical and commercial character of the business centers of these cities and discourage incompatible uses. However, if these centers are to grow and prosper, they must be convenient to those wishing to use them. Therefore, adequate parking, presently lacking, must be provided. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the B-1 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter; provided, however, that the Virgin Islands Historic Preservation Commission is authorized, in its discretion, to waive said parking and loading requirements in those portions of any central business district which are designated as historic and architectural control districts pursuant to the provisions of subchapter III of this chapter when, in the opinion of the Historic Preservation Commission, said waiver will not be contrary to the intents and purposes of this chapter. Floor area ratio The maximum total Floor Area Ratio for all structures shall be two (2) for any zoning lot. Limitations on persons per acre The maximum number of persons per acre for residential structures, or residential portions of structures, including hotels, shall not exceed one hundred sixty (160) persons. Permitted lot occupancy There shall be no requirement for business structures. All principal residential structures, with their accessory structures, shall occupy not more than a total of forty (40) percent of the area of the zoning lot. Combined commercial and residential structures are permitted, provided the requirements for maximum Floor Area Ratio and maximum number of persons per acre are satisfied. The business portions of such structures are not limited in percent of lot occupancy but the residential portions of such structures shall occupy not more than a total of forty (40) percent of the area of the zoning lot and shall meet all other residential requirements. Required lot area There shall be no requirement for business structures. Every parcel of property to be utilized for residential purposes in the B-1 District shall have a minimum lot area of twenty thousand (20,000) square feet. Maximum height limit No requirement except within the historically certified areas the height of any structure shall not exceed three (3) stories. Usable open space For all residential buildings, except hotels or for parts of buildings used for residential purposes, there shall be provided thirty (30) percent of the area of the zoning lot as Usable Open Space. B-2 Business-Secondary/neighborhood (i) Most of the business activities in the three principal cities of the Islands will be found concentrated on a single street (Main Street in Charlotte Amalie) and in offshoots in the form of Plazas nearby (Charlotte Amalie and Christiansted). Immediately adjacent to these primary business areas, however, are shopping facilities for less intensive use which are classified as secondary. Scattered throughout the Islands are a number of small neighborhood business districts. In some instances they approach the style of a small shopping center. They are much more limited in the number of persons attracted to them and in the variety of goods sold there. On St. John, the single shopping center is limited in its scope and naturally in the demand made upon it by the limited population of the Islands. As the population of the Islands increases, there will be demand for additional neighborhood shopping centers consisting of a limited number of stores but none of which are expected to reach the scale of the primary shopping areas. These too, are classified as secondary and specific areas in the Islands are placed in that classification. Use permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the B-2 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter; provided however, that the Virgin Islands Historic Preservation Commission is authorized, in its discretion, to waive said parking and loading requirements in those portions of any central business district which are designated as historic and architectural control districts pursuant to the provisions of subchapter III of this chapter when, in the opinion of the Historic Preservation Commission, said waiver will not be contrary to the intents and purposes of this chapter. Floor area ratio The maximum total Floor Area Ratio for all structures shall be one (1) for any zoning lot. Limitations on persons per acre The maximum number of persons per acre for residential structures, or residential portions of structures, including hotels, shall not exceed eighty (80) persons. Permitted lot occupancy There shall be no requirement for business structures. All principal residential structures, with their accessory structures, shall occupy not more than a total of forty (40) percent of the area of the zoning lot. Combined commercial and residential structures are permitted, provided the requirements for maximum Floor Area Ratio and maximum number of persons per acre are satisfied. The business portions of such structures are not limited in percent of lot occupancy but the residential portions of such structures shall occupy not more than forty (40) percent of the area of the zoning lot and shall meet all other residential requirements. Required lot area There shall be no requirement for business structures. Every parcel of property to be utilized for residential purposes in the B-2 District shall have a minimum lot area of five thousand (5,000) square feet. Maximum height limit No requirement except that in any historically certified area the height of any structure shall not exceed three (3) stories. Usable open space For all residential buildings, except hotels, or for parts of buildings used for residential purposes, there shall be provided thirty (30) percent of the area of the zoning lot as Usable Open Space. B-3 Business-Scattered (j) The pattern of development in the Virgin Islands has heretofore permitted single business establishments in residence districts. These stores are convenient, particularly in those areas occupied by low income families. In recognition of an existing pattern, a zoning district is established to legalize these establishments which might otherwise be nonconforming uses. Future development, however, should provide for convenience shopping on the basis of the comprehensive plan for the development of the Islands. Further provision is made for such convenience establishments on a planned basis in the B-4 Business-Residential Area Zone. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the B-3 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Limitations on persons per acre The maximum number of persons per acre for residential structures, or residential portions of structures shall not exceed one hundred twenty (120) persons. Permitted lot occupancy All principal commercial and residential structures, with their accessory structures, shall occupy not more than a total of sixty (60) percent of the area of the zoning lot. Combined commercial and residential structures are permitted, provided the requirement for maximum number of persons per acre are satisfied. Such structures shall occupy not more than a total of sixty (60) percent of the area of the zoning lot. The residential portions of such structures shall meet all other residential requirements. Required lot area There shall be no requirement for business structures. Every parcel of property to be utilized for residential purposes in the B-3 District shall have a minimum lot area of three thousand (3,000) square feet. Side yards Every business structure in a B-3 District shall be separated from any adjacent residential structure and/or any property zoned for residential purposes by a minimum side yard on each side of the business structure of not less than five (5) feet. Rear yards Every residential structure in a B-3 District shall provide a minimum rear yard of not less than five (5) feet from the property line. Every business structure in a B-3 District adjoining a residential structure and/or property zoned for residential purposes shall provide a minimum rear yard of at least ten (10) feet. Maximum height No building shall exceed a height of two (2) stories, except that if used for residential purposes or combined commercial and residential structures shall not exceed a height of three (3) stories. B-4 Business-Residential areas (k) In order that convenience shopping facilities may be available in all parts of the Islands, a Business- Residential Area Zone is established to permit grocery stores and similar facilities on a planned basis in new residential areas. When integrated into the design of a residential area, such shopping facilities, small in scale, can benefit the residential area instead of detracting from such areas and lowering property values as has resulted in the past where such facilities have been established on a spot zone basis. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the B-4 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Limitations on persons per acre The maximum number of persons per acre for residential structures, or residential portions of structures shall not exceed eighty (80) persons. Permitted lot occupancy All principal commercial and residential structures, with their accessory structures, shall occupy not more than a total of fifty (50) percent of the area of the zoning lot. Combined commercial and residential structures are permitted, provided the requirement for maximum number of persons per acre are satisfied. Such structures shall occupy not more than a total of fifty (50) percent of the zoning lot. Required lot area There shall be no requirement for business structures. Every parcel of property to be utilized for residential purposes in the B-4 District shall have a minimum lot area of six thousand (6,000) square feet. Maximum lot area No single structure in the B-4 District containing one or more business enterprises, shall occupy a lot exceeding ten thousand (10,000) square feet, except that in Planned Residential Areas, businesses may occupy not more than five (5) percent of the total area of the Planned Residential Area. Lot width Every lot shall have a minimum width at the street line of not less than forty (40) feet. Side yards Every residential structure in a B-4 District shall provide a minimum side yard on each side of the structure of not less than five (5) feet from the property line. Every business structure in a B-4 District shall be separated from any adjacent residential structure and/or property zoned for residential purposes by a minimum side yard on each side of the business structure of not less than five (5) feet. Rear yard Every residential structure in a B-4 District shall provide a minimum rear yard of not less than five (5) feet from the property line. Every business structure in a B-4 District adjoining a residential structure and/or property zoned for residential purposes shall provide a minimum rear yard of at least twenty (20) feet. Maximum height limit No building shall exceed a height of two (2) stories. C Commercial (l) There are a number of uses which are not exactly business, such as those establishments which serve the tourists in the central business district, and are not exactly light industrial. These include service stations, automobile dealers, warehouses, laundries. Because it is particularly important to maintain the pedestrian character of the central business districts, a Commercial zone is established where these uses are permitted as a matter of right and where there will be little interference with pedestrians. A number of these uses are permitted in the light industrial as well as the commercial district. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the C section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be utilized for a C use shall have a minimum lot area of five thousand (5,000) square feet. Permitted lot occupancy Not more than fifty (50) percent of the area of a zoning lot may be used for building or the storage of equipment other than required off-street parking or off-street loading. Maximum height limit No building or structure shall exceed a height of thirty-five (35) feet. I-1 Heavy industry (m) Heavy industries are those which are likely to pollute the air or the waters, which are noisy or which create problems because of heavy trucking. With the heavy dependence of the Virgin Islands on tourism and with the establishment of fine residential districts of expensive homes, obviously the Virgin Islands will wish to avoid destroying the environment which today is one of its principal assets. Therefore, limited areas are established for heavy industry. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged, or used only for one or more of the uses indicated in the I-1 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses In addition to customary accessory uses, the following uses shall be permitted where necessary to a permitted principal use; guard houses, cafeterias, dining rooms, recreational facilities, clinics and the sleeping quarters of a caretaker or watchman. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be utilized for an I-1 use shall have a minimum lot area of five (5) acres. Permitted lot occupancy No more than thirty-five (35) percent of the area of the zoning lot may be used for building or the storage of equipment other than required for off-street parking or off-street loading. Lot width No requirement. Yards No requirement except where the property abuts a residential structure and/or property zoned for residential purposes, in which case every building shall be set back a minimum of one hundred (100) feet from the residential property line. Maximum height limit No building or structure shall exceed a height of fifty (50) feet, except that chimneys, smokestacks or other similar devices may be erected above the height limit contained herein, but not to exceed said height limit by more than one hundred fifty (150) feet. The maximum height limit under this subsection does not apply to wireless facilities or wireless support structures. I-2 Light industry (n) Most of the limited industry in the Virgin Islands is what might be characterized as "light", consisting of warehousing, contracting, some light assembly and textile manufacturing. Space available in the Virgin Islands is limited. Heretofore, additional space has been made available on a spot zone basis. Areas are now established on the zoning maps where such industries are permitted as a matter of right in relation to their effect upon surrounding property, effect upon highways by trucks, the availability of public facilities, etc. Property owners will know in advance what might be expected if they build residences adjacent to zoned industrial sites. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged, or used only for one or more of the uses indicated in the I-2 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be utilized for an I-2 use shall have a minimum lot area of five thousand (5,000) square feet. Permitted lot occupancy No more than sixty (60) percent of the area of a zoning lot may be used for building or storage of equipment other than required off-street parking or off-street loading. Side yards Every structure in a I-2 District shall be separated from any adjacent residential structure and/or property zoned for residential purposes by a minimum side yard of not less than twenty (20) feet. Rear yard Every structure in a I-2 District adjoining a residential structure and/or property zoned for residential purposes shall provide a minimum rear yard of at least twenty (20) feet. Maximum height limit No building or structure shall exceed a height of thirty-five (35) feet. W-1 Waterfront-Pleasure (o) The extensive waterfront of the Virgin Islands constitutes one of its most important assets. While a very limited amount of the waterfront is presently available for public beaches, it is anticipated that the public areas will be increased to meet the recreation needs of the people of the Islands and the visitors. Those areas which are available for recreation should be preserved and protected against intrusion of an industrial nature. A Waterfront-Pleasure zone is established for that purpose. Private residential areas abutting the waterfront should also be protected not only against commercial and industrial uses, but equally important, against pollution. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the W-1 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Permitted density Every zoning lot shall be occupied by not more than two (2) dwelling units. Permitted lot occupancy No building shall occupy more than forty (40) percent of the area of the zoning lot. Required lot area Every parcel of property to be utilized for a W-1 use shall have a minimum lot area of ten thousand (10,000) square feet. Usable open space In addition to the requirements set forth herein for Permitted Lot Occupancy and for Off-Street Parking, thirty (30) percent of the area of the zoning lot shall be reserved for Usable Open Space. Lot width Every lot shall have a minimum lot width of one hundred (100) feet. Front yard Every structure in a W-1 District shall be set back from the front property line a minimum distance of twenty-five (25) feet. Side yards Every structure in a W-1 District shall be separated from any adjacent residential structure or property zoned for residential purposes by a minimum side yard on each side of the structure of not less than ten (10) feet. Rear yard Every structure in a W-1 District adjoining a residential structure or property zoned for residential purposes shall provide a minimum rear yard of at least twenty (20) feet. Maximum height limit No building shall exceed a height of three (3) stories. W-2 Waterfront-Industrial (p) Areas along the waterfront are presently being used for industrial purposes. Presumably, the comprehensive plan for the Islands will determine what limits will be placed on the use of the central waterfront of Charlotte Amalie, where ships dock to load and unload products which require trucking for industrial purposes, and what industrial uses, if any, will be permitted on St. John. Industrial uses which do not require waterfront access should be encouraged to find other sites. To do this, the Zoning Ordinance establishes adequate sites where industry is allowed as a matter of right. The Waterfront-Industrial District encourages the placement of industrial uses, which require direct waterfront access, in areas where they will relate most effectively to the surrounding districts. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the W-2 section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Required lot area Every parcel of property to be utilized for W-2 use shall have a minimum lot area of twenty thousand (20,000) square feet. Permitted lot occupancy No more than forty (40) percent of the area of the zoning lot may be used for building or the storage of equipment other than required off-street parking or off-street loading. Yards No requirement, except where the property abuts a residential structure and/or property zoned for residential purposes, in which case every building or structure shall set back a minimum of twenty five (25) feet from the residential property line. Maximum height limit No building or structure shall exceed a height of thirty-five (35) feet. P Public (q) Properties which are publicly owned should be shown upon the zoning map as such. To zone public property for residential, commercial or industrial uses, simply because the surrounding properties fall into these categories, gives a false impression of the comprehensive development plan and encourages requests for improper rezoning of properties. A parcel of property may lie adjacent to a park entrance which is zoned industrial and the property owner may request zoning on that basis. On-site examination would indicate that such zoning would be improper. Further, in determining what land is available for private development, it is important to know how much of the Islands is not available because of public ownership; the property owner should be in a position to know the true character of the property adjacent to his own. Uses permitted Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the P section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Required parking and loading areas Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Maximum height limit No building shall exceed the maximum height allowed in the adjoining zoning district. S-Special Use permitted (r) Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses indicated in the S section of the TABLE OF PERMITTED USES, subject to such standards as may be referred to in that section and in the Special Requirements section of said Table and in the section on Required Conditions for Permitted Uses. Permitted accessory uses Customary accessory uses are permitted. Parking area Parking areas shall be provided in accordance with the provisions of section 230 of this subchapter; Provided, however, That the provisions of said section 230 shall not apply to any development for which the Planning Office has certified that such provisions will cause unnecessary alteration of the district. Permitted density The maximum number of persons for residential structures shall not exceed eighty (80) persons per acre. Permitted lot occupancy All principal structures shall occupy not more than fifty (50) percent of the area of the zoning lot. Secondary kitchen No development shall provide more than one kitchen for each dwelling unit nor shall the plumbing or utility connections for such kitchens be provided within any dwelling unit. Required lot area Every parcel of property to be utilized for residential purposes shall have a minimum of 2,000 square feet. Lot width There shall be no minimum lot width. Maximum height limit No residential structure shall exceed three (3) stories. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 346; amended Oct. 17, 1974, No. 3628, § 1, Sess. L. 1974, p. 245; Sept. 11, 1978, No. 4204, Sess. L. 1978, p. 227; Dec. 7, 1982, No. 4772, § 2(c), Sess. L. 1982, p. 251; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Nov. 3, 1995, No. 6069, § 1(a), Sess. L. 1995, p. 6; Mar. 26, 1997, No. 6132, § 3, Sess. L. 1997, p. 6; May 28, 2005, No. 6745, §§ 3(a)-(c), Sess. L. 2005, p. 197; Oct. 7, 2011, No. 7299, § 2(d), Sess. L. 2011, p. 174.

History: Repealed. Mar. 26, 1997, No. 6132, §3, Sess. L. 1997, p. 6.

Because there is little in the way of mass transportation available in the Virgin Islands (bus line on St. Thomas), most of the inhabitants, permanent and temporary, are dependent upon either private automobiles or their feet as a means of transportation. Taxi service is available on St. Thomas and St. Croix but the average visitor, staying more than a few days at an outlying hotel, is likely to rent a car for transportation to the business centers and for travel around the Islands. Among the inhabitants, all but the very low income persons own automobiles and the forecast is for a large increase in the number of cars on the Islands. With narrow roads and steep slopes, it is important that off-street parking be provided for all residences, including hotels, and it is important that adequate space be made available for the off-street parking and loading of motor vehicles in the business and industrial districts. The need is obvious and very great in the business section of Charlotte Amalie, where many of the available spaces are taken up by workers in the business establishments. Intent of regulations (a) It is intended by this section that each permitted use of land which generates vehicular traffic provide its own parking and loading facilities in sufficient amount to permit such use to function without reliance upon parking or loading accommodations within public rights-of-way, the availability of which is subject to regulations upon traffic at various times and at various locations. It is further intended by this section that off-street parking and loading facilities be developed in a manner compatible with adjacent uses of land as well as the use of land it serves in accordance with the environment intended for the district in which such facility is located. General requirements (b) No building or structure in any district established by this subchapter shall be erected or enlarged, nor shall any building, structure or land be used, designed or arranged for any purpose without provisions for such off-street parking facilities as required by this subchapter, or for such off-street loading facilities as required by this subchapter nor shall any off-street parking nor loading area whether required by this subchapter or voluntarily provided be developed other than in the manner set forth in this subchapter. For the purpose of this section, three hundred (300) square feet of lot area shall be deemed a parking space for one (1) vehicle, including access aisle, except that one hundred sixty-two (162) square feet of lot or floor area, which has a direct means of egress and ingress from any alley or street, shall be deemed parking space for one vehicle. On corner or through lots, parking space may not be included as part of required yards lying adjacent to either street. All parking spaces and access driveways shall be paved or otherwise surfaced with an all-weather surface, and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area. No surface water from any parking area shall be permitted to drain onto adjoining property. All parking space shall be reserved for the sole use of the occupants of the building or lot sold the visitors thereto. However, churches, theaters, stadiums, auditoriums and other places of assembly may make arrangements for joint use of parking spaces as hereinafter specified. Loading spaces as required in subsection(s) shall not be construed as supplying off-street parking space. In case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is mentioned, and to which said not mentioned use is similar, shall apply, the determination to be made by the Zoning Administrator. When off-street parking and loading is required (c) Off-street parking and loading shall be provided at the time any use of land is established or at the time of erection of any building or structure or at the time any building, structure or land is altered or enlarged in any manner to increase the amount of off-street parking or loading spaces as required by this subchapter. However, when the use of any building or land existing at the time of adoption of this subchapter is changed to a use in which the parking requirements of this subchapter are calculated differently from the method of calculation for the former use, only such additional parking as may result by reason of the different calculation need be provided for the changed use. Obligation for retaining off-street parking and loading space (d) The requirements for off-street parking and loading shall be a continuing obligation of the owner of the real estate on which any use is located as long as the use continues and is a use which requires off-street parking or loading. It shall be unlawful for an owner of any building or land use activity affected by the off- street parking and loading requirements of this subchapter to discontinue, change, reduce or dispense with or cause the discontinuance or change or reduction of the required off-street parking or loading space which meets with the requirements of and is in compliance with this subchapter. It shall be unlawful for any firm or corporation to use such building or land without acquiring such area as is required and permitted by this subchapter to fulfill the off-street parking and loading requirements of this subchapter. Whenever off-street parking is required and cannot be provided within the principal building or on the same lot as the principal building and is located on another parcel or property provided for and utilized for off-street parking, said parcel of property shall be owned by the owner of the principal building or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during, or as long as off-street parking is required for such principal building in accordance with the terms of this subchapter. Reduction in parking space (e) Off-street parking space required under this section may be reduced at a time the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be below the standards set forth in this section. Location of parking spaces (f) The parking spaces required for uses other than one or two-family dwellings shall be located on the same lot as the principal use or on a lot which is within five hundred (500) feet of the principal use, such distance to be measured along lines of public access to the property. Passenger vehicles (g) Except as otherwise provided in this section, off-street parking spaces required herein may be occupied by the occupants, employees or patrons of the property or by visitors, or by self-propelled delivery vehicles incidental to the principal use but not by vehicles being repaired, stored or displayed for sale or hire. Places of assembly (h) In stadiums, sport arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this subchapter. Units of measurement (i) When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one (1) parking space. Collective provisions (j) Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two (2) or more structures or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately; provided also that the requirements set forth hereinbefore as to maximum distances between parking facilities and principal structures or uses served shall apply to each structure or use participating in the collective provisions for parking. Joint use (k) Churches. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of public assembly, stores, office buildings, and industrial establishments, lying within five hundred (500) feet of the church as measured along lines of public access, and that are not normally used between the hours of 6:00 A.M. and 6:00 P.M. on Sundays, and that are made available for other parking, may be used to meet not more than seventy-five (75) percent of the off- street parking requirements of a church. For other types of places of public assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings and industrial establishments, lying within five hundred (500) feet of the place of public assembly as measured along lines of public access, and that are not normally in use between the hours of 6:00 P.M. and midnight and are made available for other parking, may be used to meet not more than fifty (50) percent of the total requirements of parking spaces. Mixed occupancies and uses not specified. In the case of mixed uses, the total requirements for off- street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as above specified for joint use. Parking areas: development and maintenance (l) Every parcel of land hereafter used as a public or private parking area shall be developed and maintained by the owner in accordance with the following requirements: (1) Screening and landscaping. Off-street parking for more than five (5) vehicles or any use in the TABLE OF PERMITTED USES, subject to conditions, shall be effectively screened on each side which adjoins or faces premises situated in any residential district, or premises used for residential purposes in any district, by a fence of acceptable design, wall or compact hedge. Such fence, wall or hedge shall be not less than four (4) feet and no solid portion shall be more than six (6) feet in height and shall be maintained in good condition and shall provide year-round screening. The space, if any, between such fence, wall or hedge and the side lot line of adjoining premises shall be landscaped with grass, hardy shrubs or suitable ground cover and maintained in good condition. (2) Minimum distances and setbacks. No part of any parking area for more than five (5) vehicles or for any use in the TABLE OF PERMITTED USES, subject to conditions, shall be closer than ten (10) feet to any dwelling, school, hospital or other institution for human care. If not on the same lot with a principal structure, the parking area shall not be located within the front yard or side street yard required for such structure. If not on the same lot with a principal structure, the parking area shall not be closer to any street line than the least depth of the yard which would be required for a principal structure of one (1) story height. The fence, wall or hedge required by the preceding paragraph shall be set back from each street the same as if it were a building wall so as to observe the front yard and side street yard requirements of this subchapter. (3) Bumper guards. These shall be provided a bumper guard of either wood, metal or concrete not more than two (2) feet in height and securely anchored into the ground on all sides of the parking area where there is required a protective fence or wall. Such bumper guard shall be located at such distance so that automobiles will not strike the protective fence or wall. As an alternative, a concrete beam serving the same purpose may be provided. (4) Surfacing of parking areas. Any off-street parking area for more than five (5) vehicles or for any use in the TABLE OF PERMITTED USES, subject to conditions, shall be surfaced with an asphaltic, bituminous, cement or other properly bound pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. The foregoing requirements with respect to the type of surfacing shall not apply to a parking area located in any industrial district, and at a distance of not less than one hundred (100) feet from any lot in any residential district, except that a dustless surface shall be provided in any case. (5) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises located in any residential district or any premises used for residential purposes in any district. Off-street parking requirements for residents: when required (m) Off-street parking space shall be provided for residents of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (n). For the purpose of this subsection, residents shall include any persons occupying a residential use as defined by this subchapter but need not include: A. Persons under legal driving age; B. Persons undergoing special care, treatment or supervision which precludes operation of motor vehicles for legal or physical reasons; C. Persons in religious or other institutions when or if by the official policy or rules such persons do not operate motor vehicles as an incident of their residency. Any questions as to the application of the off-street parking requirements for residents shall be determined by the Zoning Administrator in accordance with the provisions of this subsection. Amount of off-street parking required for residents (n) Subject to the provisions of subsection (m), one (1) off-street parking space shall be provided for each dwelling unit, transient guest room or other separate residential accommodation for individuals on any premises in any district. Off-street parking requirements for employees: when required (o) Off-street parking space shall be provided for employees of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (p). For the purpose of this subsection, employees shall also include employers, proprietors or any persons other than residents, customers, patrons or visitors whose normal daily occupation, profession, vocation or business is conducted upon any premises. The number of employees on any premises shall be calculated upon the estimated maximum daily employment or maximum employment in any work shift in a twenty-four (24) hour period. Off-street parking requirements for employees shall apply to but not be limited to all of the following types of activities: A. Any manufacturing or other industrial activity permitted by this subchapter; B. Any warehousing, storage or other wholesale activity permitted by this subchapter; C. Any activity which primarily provides a construction, repair, installation or similar business service not involving the sale of products other than as related to or incidental to the primary service offered where such activity is permitted by this subchapter; D. Any general office activity of a business, profession or institution not involving the direct sale of products upon the premises other than as incidental to the primary office activity; E. Any use which employs persons upon a daily basis where such is permitted in any of the residential districts. Any questions as to the application of the off-street parking requirements shall be determined by the Zoning Administrator in accordance with the provisions of this subsection. Amount of off-street parking required for employees (p) One (1) off-street parking space shall be provided for every five (5) employees. Off-street parking requirements for customers, patrons, visitors or persons other than residents and employees: when required (q) Off-street parking space shall be provided for customers, patrons or visitors of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (r). For the purpose of this subsection, customers, patrons or visitors shall include all persons other than residents or employees for whom specific accommodations are provided upon any premises by floor area, lot area, seats, beds or other applicable arrangements. Off-street parking requirements for customers, patrons or visitors shall apply to but not be limited to all of the following types of activities: A. Any premises which provide a central or general assembly area or areas intended primarily for adult persons, including but not limited to the following places: 1. Eating and drinking places; 2. Entertainment, amusement or recreation places; 3. Chapels, sanctuaries or funeral parlors; 4. Auditoriums, theaters or meeting halls; 5. Arenas, amphitheaters, stadia or similar places for spectators of sporting or other events; 6. Exhibition halls, museums, galleries, libraries, or other gathering places for civic, social, religious, entertainment, business, educational, or other purposes. B. Any student assembly areas in educational institutions accommodating persons of legal driving age. C. Any personal services performed upon individuals in an office or place of business by professional or trained persons, including but not limited to: 1. Doctors or dentists offices; 2. Medical clinics; 3. Barbers, beauticians or other personal grooming or similar personal services performed by trained persons. D. Any business or activity engaged in the sale of goods or merchandise upon any premises, including indoor, outdoor or drive in facilities. E. Any place or institution providing for permanent or temporary treatment, care or supervision of patients, minor persons, elderly persons or confined persons wherever arrangements for visitors are provided, including but not limited to: hospitals, sanitariums, convalescent, retirement or similar homes. Any questions as to the application of the off-street parking requirements shall be determined by the Zoning Administrator in accordance with the requirements of this subsection. Amount of off-street parking required for customers, patrons or visitors (r) Places of public assembly. One (1) parking space for each ten (10) seats. Doctors, dentists, medical offices, barber or beauty shops. One (1) parking space for each professional or operator. Business engaged in the sale of goods or merchandise. One (1) parking space for each five hundred (500) square feet of floor area. Hospitals. One (1) parking space for each bed, but not including bassinets. Retirement homes. One (1) parking space for each six (6) beds. Off-street loading requirements (s) On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale stores, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt and distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services in order to avoid interference with the public use of the streets and alleys. Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten (10) by fifty (50) feet with fifteen (15) foot height clearance, and shall be provided for each twenty thousand (20,000) square feet of gross floor area, except that: A. No spaces are required for structures with less than fourteen hundred (1,400) square feet of gross floor area; B. One space is required for structures with more than fourteen hundred (1,400) but less than twenty thousand (20,000) square feet of gross floor area. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 368; amended Dec. 30, 1994, No. 6064, § 17(a)(2), Sess. L. 1994, p. 319.

The use of any roadway or street onto, within or through any subdivision of residential development of ten or more dwellings, which roadway or street is open to the use of any other persons as guests, visitors or permittees, other than the actual inhabitants thereof, shall not be denied or restricted directly, indirectly or by subterfuge, to any person, subject only to the conditions and limitations established by law and applicable in like manner to all persons. History: Added Dec. 27, 1983, No. 4881, § 4, Sess. L. 1983, p. 257.

Required conditions for permitted uses (a) The general uses of land permitted by the TABLE OF PERMITTED USES in each district are intended to be used with common characteristics which are consistent with the purpose established by this subchapter for each district. However, certain uses of land provide accommodations consistent with, or necessary to, the purpose intended for each district but differ in their general characteristics from the principal permitted activity and in their impact thereon. Special conditions are, therefore, established for these uses in order to retain a consistent relationship between their greater or unique intensity or kind activity and the principal activity permitted in the district where they may be permitted, subject to the additional conditions. Every use conditionally permitted in any district, as set forth in the TABLE OF PERMITTED USES in this subchapter shall be subject to all regulations of the district in which such use is conditionally permitted and located unless otherwise stated and set forth under specific conditions of the following sections for each conditionally permitted land use. 1. Amusement parks. Amusement parks, public or private, are permitted in the A-1, A-2, or P Districts subject to the following conditions: A. A permit for their construction and operation shall have been obtained from the proper department or departments of the Government of the United States Virgin Islands; B. When located in a P District, a permit for construction and operation shall have been obtained from the Department of Conservation and Cultural Affairs; C. All structures of any kind shall be erected a minimum distance of two hundred (200) feet from any adjacent residential property; D. The minimum area devoted to such use shall be ten (10) acres; E. All buildings or structures shall occupy a maximum of twenty-five (25) percent of the area of the space allocated to this use; F. No building or structure shall exceed a height of thirty (30) feet; G. All amusement enterprises located within two hundred (200) feet of any adjacent residential property shall close at 10:00 P.M.; H. All lighting shall be so constructed as not to shine directly upon adjacent residential property; I. The entire area shall be surrounded by a fence; J. All entrances shall be from a main travelled highway and not from any residential street. 2. Apartment houses, hotels and guesthouses (dwelling, multifamily). Apartment houses and hotels and guesthouses are permitted in the W-1 District, subject to the following conditions: A. There shall be a minimum zoning lot area of three (3) acres; B. The maximum number of persons per acre for residential structures shall not exceed forty (40) persons at the time of construction; C. No residential structure shall exceed a height of three (3) stories; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 3. Athletic fields or playfields. Athletic fields or playfields are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions: A. Every athletic field shall have a minimum area of five (5) acres; B. Every athletic field shall be surrounded by a fence or planted area; C. No building, structure, play area such as a baseball field, football field or tennis court shall be located closer than fifty (50) feet from the property line; D. No building or structure shall exceed a floor area of over twenty-five hundred (2,500) square feet; E. All play areas shall be treated so as to be free from dust; F. All lighting shall be directed away from the property lines so as not to create an unsatisfactory condition for surrounding residential property; G. All activities shall cease at 11:00 p.m. 4. Automobile laundry (car wash). Automobile laundries are permitted in the B-2 and B-3 District subject to the following conditions: A. There shall be a minimum lot area of five thousand (5,000) square feet; B. Every car wash structure shall be set back from the street line a minimum distance of fifty (50) feet; C. Adequate drainage shall be provided upon the property so as not to permit water to flow upon adjacent property; D. Adequate storage space shall be provided upon the property for the storage of cars washed and to be washed; E. There shall be no storage of cars washed or to be washed upon the public street; F. There shall be a minimum side yard on each side of any structure used for car wash purposes of ten (10) feet. 5A. Bowling alleys and roller skating. Bowling alleys and roller skating are permitted in the W-1 District subject to the following conditions: A. There shall be a minimum lot area of one (1) acre; B. The maximum coverage shall not exceed thirty (30) percent of the entire lot area; C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter; E. No bowling alley or roller skating rink shall be located in W-1 Districts designated as swimming areas; F. All lighting shall be directed so as not to create an unsatisfactory condition for surrounding residential property. 5B. Cafes, retail concessions, and restaurants. Cafes, retail concessions and restaurants are permitted in the P District if publicly owned and operated, or if publicly owned and privately operated under continuous supervision of a public agency, or if privately owned and operated on a contract with and under constant supervision of a public agency. 6. Camps. Recreation camps, day camps, overnight camps are permitted in the P District if publicly owned. 7. Churches, synagogues, temples, and Sunday School buildings. Churches, synagogues, temples, and Sunday school buildings are permitted in the R-1 and R-2 Districts subject to the following conditions: A. There shall be a minimum zoning lot area of three-quarter (¾) acres; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area; C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of one hundred (100) feet from all adjacent residential properties; D. Entrances and exits to parking facilities shall be located, where possible, on nonresidential streets and a minimum of seventy-five (75) feet from any street intersections; E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 8. Colleges, universities and other institutions of higher learning. Public and private colleges; universities; art, music, professional or other schools providing an educational curriculum above the level of public secondary schools are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions: A. Uses of land shall be limited to educational, administrative, operational and maintenance buildings, student unions, auditoriums, chapels, research or testing laboratories, libraries, gymnasiums, stadia, athletic fields, playgrounds, student and faculty dormitories, fraternity or sorority houses or other residences of officials, caretakers or guards. Book or stationery stores, eating establishments or other facilities for the convenience of students, faculty, employees or visitors shall be permitted within any building where there are no separate outside entrances to such uses facing any adjoining residential property; B. The minimum lot area shall be ten (10) acres; C. The total coverage of all buildings upon any campus shall not exceed thirty (30) percent of any one contiguous area of campus; D. All buildings shall be set back from every adjacent property a minimum distance of twenty-five (25) feet and, in addition, not closer than fifty (50) feet to any adjacent residential property; E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 9. Community centers. Community centers are permitted in the R-1, R-2, R-3, R-4, S, and R-5 Districts subject to the following conditions: A. There shall be a minimum lot area of one (1) acre in the R-1 District; B. The maximum coverage shall not exceed thirty (30) percent of the entire lot area; C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties in the R-1 District; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 10. Convalescent, rest, nursing and retirement homes; and sanitariums. Convalescent, rest, nursing, and retirement homes; and sanitariums are permitted in the R-1 and R-2 Districts subject to the following conditions: A. There shall be a minimum lot area of one (1) acre; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area; C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 11. Country clubs and golf clubs. Country clubs and golf clubs are permitted in the A-1, A-2, R-1, and R-2 Districts subject to the following conditions: A. The minimum lot area shall be not less than forty (40) acres; B. Buildings shall occupy not more than five (5) percent of the area of the zoning lot; C. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter; D. The maximum height of any structure shall not exceed two (2) stories; E. A golf shop, cafe, snack bar or swimming pool may be considered an accessory use if located a minimum distance of two hundred (200) feet from any adjoining residential property or property zoned for residential use; F. Accommodations for overnight guests may be provided if they meet the lot area requirements of the district. 12. Dwellings - Attached, semi-detached and group. Attached semi-detached and group dwellings are permitted in the R-1 and R-2 Districts subject to the following conditions: A. The minimum lot area requirements for the respective districts shall apply; B. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. C. The maximum height for any building constructed under title 29 Virgin Islands Code, chapter 16 may not exceed three stories. 13. Electrical substations. Electrical substations are permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions: A. There shall be a minimum lot area of six thousand (6,000) square feet; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot; C. There shall be minimum setbacks from every adjacent property of twenty-five (25) feet, except that setbacks from adjacent residential properties shall be fifty (50) feet; D. Transformers shall be located within buildings; E. The lines between the substation and the street shall be underground; F. The substation shall be suitably screened from any adjacent residential property by a solid fence or planting screen which shall provide year-round screening. 14. Fire stations, police stations, and postal substations. Fire stations, police stations, and postal substations are permitted in the R-1, R-2, R-3, R-4, S, and R-5 Districts subject to the following conditions: A. There shall be a minimum lot area of fifteen thousand (15,000) square feet; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot; C. There shall be minimum setbacks from every adjacent property of twenty-five (25) feet, except that setbacks from adjacent residential properties shall be fifty (50) feet; D. There shall be no exterior car washing; E. There shall be no parking or storage of nongovernment vehicles in the front yard; F. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 15. Garage, community. A community garage is permitted in the R-3, R-4, S, and R-5 Districts subject to the following conditions: A. Every community garage shall be located in the rear yard of the zoning lot and not less than three (3) feet from any property line; B. Every community garage shall occupy not more than forty (40) percent of the rear yard; C. The number of garage spaces permitted shall not exceed the number of dwelling units on the zoning lot. 16. Gymnasiums and athletic clubs. Gymnasiums and athletic clubs are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts as part of a permitted public, private or parochial school or community center. 17. Hospitals. Hospitals are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions: A. There shall be a minimum lot area of fifteen (15) acres in the R-1 District, ten (10) acres in the R-2 District, and five (5) acres in the Districts R-3, R-4, and R-5; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot; C. There shall be a minimum setback from adjacent property of twenty-five (25) feet, except that the setbacks from adjacent residential properties shall be fifty (50) feet; D. No power plant or laundry shall be located nearer than one hundred (100) feet from any residential property; E. Off-street parking shall be provided in accordance with section 230 of this subchapter; F. In addition to customary accessory uses, the following accessory uses shall be permitted within the hospital complex when located inside of any building with no outside separate entrances to such facilities: drug stores, gift shops, eating establishments or such other goods or services providing a convenience for patients, employees and visitors. 18. Laundry and dry cleaning; depot, self-service, and self-service and depot. Laundry and dry cleaning; depot, self-service, and self-service and depot are permitted uses in the R-3, and R-5 Districts when located on the first floor or in the basement of any apartment house or hotel. 19. Marinas (recreational marine crafts). Marinas are permitted in the R-3 and R-5 Districts subject to the following conditions: A. Such facilities shall be used only for the docking of small power boats and sailboats; B. No repair work, such as the scraping or finishing or refinishing of hulls or the painting of boats, shall be permitted; C. Two (2) fuel pumps shall be permitted; D. No sale of food or drinks at the docking area or areas shall be permitted; E. One (1) identification sign shall be permitted not to exceed two (2) square feet in dimension. 20. Medical clinics. Medical clinics are permitted in the R-4 and S Districts subject to the following conditions: A. The minimum lot size shall be five thousand (5,000) square feet; B. The building shall occupy not more than forty (40) percent of the entire lot area; C. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter; D. All buildings shall be set back from the street line a minimum distance of twenty-five (25) feet and from all other property lines a minimum distance of ten (10) feet. Medical clinics are permitted in the R-3 and R-5 Districts subject to the following conditions: A. If in separate buildings, they shall meet the requirements of paragraphs A through D above, and be limited to a maximum height of two (2) stories; B. If in multiple dwellings (apartment houses or hotels), they shall be located on the ground (first) floor of the building and shall occupy not more than ten (10) percent of the ground floor area of the building. 21. Memorial parks, memorial garden, memorial nature preserve or park, perpetual care park. Memorial parks, memorial gardens, memorial nature preserves or parks, and perpetual care parks are permitted in the R-4, R-5, B-3, I-2, and S Districts subject to the following conditions: A. A permit for their construction and operation shall have been obtained from the proper department or departments of the Government of the Virgin Islands; B. All mausoleums and wall crypts shall be erected a minimum distance of three hundred (300) feet from any adjacent residential property; C. All lighting shall be constructed so as not to shine directly upon adjacent residential property; D. All mausoleums and wall crypts shall occupy a maximum of fifty percent (50%) of the total area of the Memorial Park, Memorial Nature Preserve or Park, or Perpetual Care Park; E. No mausoleum or wall crypt shall exceed a height of thirty (30) feet; F. Accessory uses permitted subject to conditions set forth in section 233(a) of this chapter. 22. Mobile home parks. Mobile home parks or courts are permitted in the A-1, A-2, R-2, and R-3 Districts subject to the following conditions: A. The minimum area for mobile home parks shall not be less than five (5) acres; B. The minimum area of land to be allotted to or designed for a mobile home space shall not be less than twenty-five hundred (2,500) square feet per unit; however, no unit shall occupy more than thirty (30) percent of such allotted space; C. The minimum common open space in a mobile home park shall be not less than thirty (30) percent of the entire mobile home park area. For the purpose of this section, common open space shall be calculated as any open unoccupied area remaining after deducting the minimum area allotted to each unit. Such open space shall not be occupied by buildings, roadways or parking areas, and shall be sodded and landscaped or otherwise made available for recreation use. The perimeter of the mobile home park shall also be landscaped to provide screening from adjacent areas; D. The maximum number of mobile home units shall not exceed ten (10) units per acre; E. The mobile home park shall front on a major street or road, or shall have an improved road that provides direct access to a major street or road; F. No mobile home shall be located nearer than ten (10) feet from any roadway within a mobile home park, and no mobile home or other building or parking lot shall be located nearer than twenty-five (25) feet from the boundaries of the mobile home park. No mobile home and appurtenances shall be located nearer than twenty (20) feet from any other mobile home or appurtenances within a mobile home park; G. Off-street parking shall be provided in accordance with section 230 of this subchapter; however, they need not be individually related to each mobile home and may be provided in a common parking area. In the case of common parking areas of more than five car spaces, effective screening and landscaping shall be utilized and the parking area shall be paved; H. Buildings or structures in addition to the mobile home units shall be limited to administration offices or quarters, buildings used for common recreation or laundry facilities, storage and such buildings or structures as may be required for sanitation purposes, and a small grocery or general store. A minimum of forty (40) units, in place, are required for a small grocery or general store which shall be incorporated wherever possible in other service or convenience building in the park. 23A. Motion picture (indoors). Motion picture (indoors) are permitted in R-3, R-4, and R-5 Districts subject to the following conditions: A. There shall be a minimum zoning lot area of two (2) acres; B. The maximum coverage of any building shall not exceed thirty (30) percent of the entire lot area; C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of sixty (60) feet from all adjacent residential properties; D. Entrances and exits to parking facilities shall be located, where possible, on nonresidential streets and a minimum of seventy-five (75) feet from any street intersections; E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 23B. Night clubs. Night clubs are permitted in the W-1 District subject to the following conditions: A. Night clubs are permitted only as a secondary use of a building whose principal use is that of a hotel or restaurant; B. Night clubs shall be so located within the building as to prevent noise from emanating from the building of the disturbance to surrounding property. 24. Nurseries, plant; agriculture, horticulture. Horticultural activities and nurseries for the growing of plant materials and their sale are permitted in the R-1, S, and R-2 Districts subject to the following conditions: A. The minimum lot area shall not be less than three (3) acres; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot; C. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter; D. There shall be a minimum setback from any street line of fifty (50) feet and a minimum setback from all other property lines of one hundred (100) feet; E. All sales shall be conducted in a building set back from the front street line a minimum distance of fifty (50) feet, or if from an open lot a minimum distance of twenty (20) feet from the front street line; F. There shall be no storage of fertilizer nearer than two hundred (200) feet from any property line; G. Equipment used, such as carts, tractors and similar vehicles, shall be stored on the premises or left in the open not nearer than two hundred (200) feet from any side or rear property line. 25A. Refreshment stands. Refreshment stands are permitted in the W-1 District subject to the following conditions: A. When erected upon public property, a permit shall have been obtained from the proper department of the Government of the United States Virgin Islands; B. The design of every stand shall have been submitted to the Virgin Islands Planning Office for approval by its Director, and shall be erected only if approved; C. The maximum size of each refreshment stand shall be one hundred fifty (150) square feet; D. No stand shall be erected nearer than two hundred (200) feet from any adjacent residential property; E. Suitable containers for rubbish shall be placed on the property assigned for such stand, and the owner or operator shall be responsible for proper removal of such rubbish; F. When located adjacent to a residential district, such stand shall remain open not later than 10:00 P.M. 25B. Riding stables. Riding stables are permitted in the W-1 District subject to the following conditions: A. Approval of facilities is first obtained from the Department of Health, Division of Environmental Health; B. There shall be minimum side and rear yards of fifty (50) feet with a minimum setback of one hundred (100) feet from all residential properties; C. They shall not be permitted in areas designated as swimming areas in W-1 Districts; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 26. Religious quarters. Religious quarters are permitted in the R-1 and R-2 Districts subject to the following conditions: A. There shall be a minimum lot area of one (1) acre; B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area; C. There shall be a minimum setback from adjacent property of twenty-five (25) feet except that setbacks from adjacent residential property shall be fifty (50) feet; D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 27A. Seaplane ramps. Seaplane ramps are permitted in W-1 Districts subject to the following conditions: A. Such facilities shall be used only for the embarkation and debarkation of passengers or for freight, and for such related accessory activities as are essential to the provisions of these services; B. No repair work, except emergency repairs, shall be permitted; C. Two (2) fuel pumps shall be permitted; D. Sale of food and drinks shall be permitted, when part of a passenger terminal or waiting area; E. One (1) identification sign shall be permitted not to exceed eight (8) square feet in dimension; F. No facility shall be located in W-1 Districts designated as swimming areas; G. No facility shall have its principal activities closer than three hundred (300) feet from adjoining residential properties; H. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 27B. Sewage lift station, sewage and water pressure control station, and sewage treatment plants. Sewage lift station, sewage and water pressure control station, and sewage treatment plants are permitted in the R- 1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions: A. The design and location of each installation shall have been approved by the Department of Health of the United States Government of the United States Virgin Islands; B. The design and specific location of the installation shall have been approved by the Director of the Virgin Islands Planning Office; C. Every installation shall be surrounded by a fence or planting strip which will effectively screen it from the surrounding property; D. Where the installation is not connected to a sewer system, the Department of Health must certify that there is a facility available suitable to carry off the effluent without disturbance of surrounding property or without polluting the waters of the Islands. 28. Signs. Signs are permitted uses in the zoning districts according to sections 227 and 228 of this subchapter, and subject to the following conditions: General conditions: A. Signs in designated historical districts shall conform to the regulations of those districts; B. No sign shall exceed a height of twenty (20) feet above the lowest adjacent established grade; C. No roof signs shall be permitted anywhere in the Virgin Islands; D. No sign shall display intermittent lights resembling the flashing light customarily used in traffic signals or those used by police, fire, ambulances or other emergency vehicles, nor shall any sign use the words "stop", "danger", or any other word, phrase, symbol or character that might be misconstrued to be a public warning or traffic sign; E. Illuminated signs shall be shielded so as not to cast direct light onto any residential district or onto any property or building used in whole or in part for residential purposes; No revolving or rotating signs shall be permitted. Business Signs: A. Permitted in the R-3, R-5, and W-1 Districts, provided they do not exceed four (4) square feet. B. Permitted in the I-1, I-2, and W-2 Districts, provided they do not exceed twenty (20) square feet. Identification Signs: A. Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts, provided they do not exceed one (1) square foot; B. Permitted in the B-1, B-2, B-3, B-4, C, and W-1 Districts, provided they do not exceed four (4) square feet; C. Permitted in the I-1, I-2, and W-2 Districts, provided they do not exceed twenty (20) square feet; D. Permitted on public and semi-public property, provided they do not exceed three (3) square feet. Directional Signs: Directional signs attached to private property or located at the intersection of streets designating property owners shall not exceed one (1) square foot for each sign. Occupancy Signs: Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts provided that they do not exceed one (1) square foot. For Sale or For Rent Signs: A. Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, R-5, and W-1 Districts, provided they do not exceed four (4) square feet; B. Permitted in the B-1, B-2, B-3, B-4, I-1, I-2, and W-2 Districts, provided they do not exceed four (4) square feet. Temporary Signs: Permitted in any district subject to the following conditions: A. Temporary signs shall be located only upon the premises of a use to which such a sign is related; B. No temporary sign shall be permitted for a period exceeding one (1) year; C. Temporary signs shall be permitted if they relate to a particular subdivision or development; D. No temporary sign shall exceed sixteen (16) square feet. Applications: In addition to the requirements of section 235 of this subchapter, every application for a sign shall include the following information and exhibits in triplicate: A. Position of sign and its structure in relation to adjacent buildings and structures; B. The design and size, structural details and the dimensions and colors proposed, and the proposed location on the premises of such sign and/or sign structure; C. A statement showing the size, dimensions and location of all signs existing on the premises at the time of making said application. 29. Warehousing, storage and light industrial. Warehousing, storage and light industrial uses are permitted in the P-Public District subject to the following conditions: A. Such uses should be permitted only in a P-Public District that adjoins a public airport or an area zoned light or heavy industrial. B. A permit, lease, license, or other entitlement for the construction and/or operation of an activity shall have been obtained from the agency of the Government of the United States Virgin Islands responsible for the management or administration of the property upon which the activity is to be located. C. There shall be a minimum lot area of five thousand (5,000) square feet. D. No building or structure shall exceed a height of thirty-five (35) feet. E. No more than sixty (60) percent of the area of a zoning lot may be used for building or storage of equipment other than required off-street parking or off-street loading. F. All structures shall be separated from any residential structure and/or property zoned for residential purposes by a minimum of not less than twenty (20) feet. G. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter. 30. Water Storage. Water storage tanks are permitted in R-3 Districts subject to the following conditions: A. The design and location of each installation shall have been approved by the Department of Planning and Natural Resources and the Director of the Virgin Islands Planning Office; B. Every installation shall be fenced and landscaped. 31. Casino Establishment and Casino Simulcasting. Casino Establishments and Casino Simulcasting are permitted uses in the R-3, R-5, B-1, B-2, and W-1, St. Croix districts when one of the four types of casino licenses is issued by the Casino Control Commission. Each type of casino license is subject to the following conditions: Casino-1: (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas. (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code. (C) Off-street parking and loading shall be435 of the Virgin Islands Codeof section 230 of this subchapter. Casino-2: (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas. (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code. (C) Off-street parking an435 of the Virgin Islands Codee with the provisions of section 230 of this subchapter. Casino-3: (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas. (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code. (C)435 of the Virgin Islands Code shall be in accordance with the provisions of section 230 of this subchapter. Casino-4: (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas. (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code. (C) Off-street parking and loading shall be in accordance with the provisions of section 230 of this subchapter. 32. Slot machines and VLTs are permitted uses in the A-1 and P-1, St. Croix and St. Thomas under the following conditions: (A) Slot machines may be operated at only one horse racetrack on St. Croix pursuant to title 32 V.I.C. chapter 21 and VLTs may be operated at the horse racetrack on St. Thomas and other locations in the St. Thomas/St. John district pursuant to title 32 V.I.C., chapter 13; and (B) No structure may exceed a height of three stories. 33. Horse track stables, quarantine barns, veterinarian's offices and accessory parking are permitted in the B-3 (BUSINESS-SCATTERED) zoning designation subject to the following conditions: (A) The parcel must be contiguous to a horseracing track; (B) The parcel must be not less than 10 acres in size; (C) There must be a minimum side and rear yards of 50 feet with a minimum setback 100 feet from any residential property; (D) Off-street parking must be provided in accordance with the provisions of section 230 of this subchapter; and (E) A health permit must be obtained from the Department of Health, Division of Environmental Health, before the approval of any constructed facility. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 377; amended Aug. 4, 1978, No. 4181, § 3, Sess. L. 1978, p. 194; Aug. 10, 1978, No. 4193, Sess. L. 1978, p. 212; Dec. 7, 1982, No. 4772, § 2(d)-(h), Sess. L. 1982, p. 252; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Mar. 26, 1997, No. 6132, § 2, Sess. L. 1997, p. 4; Aug. 27, 1997, No. 6149, § 1(b), Sess. L. 1997, p. 44; Dec. 1, 2001, No. 6479, § 24(b), Sess. L. 2001, p. 331; Nov. 25, 2009, No. 7129, § 2, Sess. L. 2009, p. 240; Mar. 22, 2010, No. 7154, § 4, Sess. L. 2010, p. 3; May 10, 2010, No. 7169, § 8(b), Sess. L. 2010, p. 71; Oct. 7, 2011, No. 7299, § 2(b), Sess. L. 2011, p. 174; Oct. 27, 2011, No. 7318, § 4 (2.), Sess. L. 2011, p. 269; amended Dec. 15, 2016, No. 7952, § 11(b), Sess. L. 2016, p. 235; amended Jan. 20, 2017, No. 7972, § 21, Sess. L. 2016, p. 403; amended Jan. 20, 2017, No. 7980, § 1(b), Sess. L. 2016, p. 414; amended Apr. 22, 2022, No. 8577, § 1(b)(1), (2), Sess. L. 2022, p. 151.

With strict limitations in most zoning laws for yards and other open spaces, it has been found that some imaginative developments that would prove beneficial to the community could not be constructed as they did not meet the strict letter of the law. In order to allow sound and imaginative developments to take place, planned developments have permitted the construction of projects which met the spirit of the law if not its strict letter. These projects are usually shown upon the zoning map only after a public hearing and final action has been taken by the legislative body. This Zoning Law does not contain some of the usual provisions for yards. Instead, the percentage of the lot that may be occupied is limited and a certain amount of usable open space is required. The usual reason for planned residential developments does not, therefore, exist. The law does, however, provide that residential developments, other than those involving one or two-family dwellings, might be constructed in the A-1, A-2, R-1, and R-2 Districts if certain conditions and requirements are met. Since this is a matter of importance to residents of the Low-Density Districts, it is proposed that planned developments be permitted only after a public hearing, after certain findings have been made by the Planning Office, and after action by the Legislature. Purpose and intent (a) Planned developments, as permitted by this section, are intended to provide an opportunity for alternative variety and creative or unique design arrangements and relationships of buildings and uses of land which are built as a single entity under unified control when the plan of development has been approved in the manner prescribed herein. To insure that a planned development shall conform to the character and nature of the district in which it is located, achieve a maximum of coordination between the planned development and neighboring land uses, promote the intent and purposes of this subchapter, and encourage the most appropriate use of land within the area of the planned development, specific and additional standards are established. Procedure to establish planned area developments (b) Amendment to zoning district map. A planned area development as described in subsection (c) of this section shall be established through an amendment to the Zoning District Map, and the boundaries thereof shall be identified by dashed lines as distinguished from the solid lines of zoning district boundaries. Application. Applications for planned developments shall be submitted in the same manner as required in section 238 of this subchapter for any amendment to this Zoning Law. Plans. A plan of tZoning Lawd development shall be filed with the Virgin Islands Planning Office together with a schedule of construction for each and all stages thereof and shall be made part of any law establishing a planned development. The plan shall be of sufficient detail to determine that all conditions of this subchapter are met and shall show at least the minimum information required by any rules and regulations adopted by the Virgin Islands Planning Office. Failure to proceed and plan revision or adjustment. Where, for any reason, construction of a planned development does not proceed within a period of two (2) years after the date of approval by the Legislature of the Virgin Islands, then the approval shall be void and the entire matter resubmitted to the Virgin Islands Planning Office for reconsideration in light of existing circumstances unless the applicants have submitted a revised plan or revised schedule which may be approved by law and adopted in lieu of the original plan or schedule. When in the course of carrying out any stage of the development, adjustments of detail may be required, such adjustments may be permitted if approved by the Virgin Islands Planning Office, provided that such adjustments are in compliance with all regulations of this subchapter and the general intent of the development plan as adopted by law. Planned area development; affordable housing (c) Planned residential developments are permitted in the A-1, A-2, R-1, and R-2 Districts subject to subsection (b) of this section and the following conditions: Uses permitted. Within a planned residential development, any principal or accessory use is permitted which is already permitted in the existing zoning districts in which such development is located. Uses permitted in the R-3, R-5, B-3, and B-4 Districts may be allowed when specifically approved as part of the development plan, provided such uses shall not occupy more than five (5) percent of the gross area of the Planned Development. Required lot area. Planned residential developments shall have a minimum lot area of five (5) acres. Required parking areas. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Permitted density. In a zoning district in which a planned residential development is located any combination of dwellings may be erected as long as they meet the following residential density requirements: In the A-1, A-2 and R-1 District the residential density for a Planned Residential Development shall meet the overall residential density requirements for the R-2 District. In the R-2 District the residential density for a Planned Residential Development shall meet the overall residential density requirements for the R-3 District. Permitted lot occupancy. The total zoning lot occupancy for a Planned Residential Development shall not exceed more than a total of thirty (30) percent of the area of the zoning lot. Maximum height limit. No residential structure shall exceed a height of six (6) stories. Common open space. Common open space shall be established in an amount not less than forty (40) percent of the area of the Planned Residential Development. Common open space shall be used for recreation, and outdoor living space not including off-street parking, all of which uses shall include space for landscaping. The Virgin Islands Planning Office shall stipulate such provisions for the ownership and maintenance of the common open space as will insure its continuity and conservation. The Virgin Islands Planning Office may require that land be deeded to the Government for public schools and for recreation and/or park purposes if consistent with the General Plan of Development or government policies. Said land is to be fully credited as usable open space. Paving of interior streets. The Virgin Islands Planning Office may require, that all interior streets be paved at the expense of the developer in accordance with the specifications set forth by it. (d) Affordable housing proposed by private persons or by the Government pursuant to the affordable housing program may be developed as "planned area developments" in accordance with the provisions of this section. Planned area developments for affordable housing shall be created pursuant to procedures set forth in subsection (b) of this section. Planned area affordable housing developments may be permitted in the A-1, A-2, R-1 and R-2 Districts, and such other Districts as may be approved by the Legislature, subject to subsection (b) of this section and the following conditions: Uses Permitted. Within a planned area affordable housing development, any principal or accessory use is permitted which is already permitted in the existing Districts in which such development is located. Uses permitted in the R-3, R-5, B-3 and B-4 Districts may be allowed when specifically approved by the Legislature as part of the affordable housing development plan. Required Lot Area. Planned area affordable housing developments shall have the minimum lot area approved by the Legislature based upon the recommendations of the Department of Planning and Natural Resources. Required Parking Area. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter. Permitted Density; Lot Occupancy; Setbacks. In a zoning district in which a planned area affordable housing development is located, minimum lot sizes, the number of units per acre, lot occupancy standards, front, rear and side yard requirements, and other building requirements, shall be established by the Legislature based upon the recommendations of the Department of Planning and Natural Resources. To the maximum extent possible, in reviewing such requirements and standards as in connection with planned area affordable housing developments, the Legislature and the Department of Planning and Natural Resources shall give effect to, and maintain, any and all environmental, water, and land use policies, goals and objectives heretofore or hereafter adopted, including without limitation, applicable coastal zone management policies, goals and objectives. A planned area affordable housing development approval shall clearly set forth the requirements and standards applicable to the affordable housing development for which approval is granted. A planned area affordable housing development approval specifying the land use and building requirements applicable to such development shall be granted by the Legislature only if the Department of Planning and Natural Resources finds and determines that the proposed development including affordable housing: (1) will provide affordable housing which will remain affordable for at least the term of the applicable affordable housing development agreement; (2) will provide safe, sanitary and high quality dwelling units with amenities sufficient to meet the needs of eligible home buyers or renters and which are aesthetically compatible with the environment; (3) will not unreasonably compromise or substantially impair any otherwise applicable environmental, water or land use and building policies and standards; and (4) will significantly promote the health, safety and general welfare of residents of the United States Virgin Islands by helping to reduce the shortage of housing affordable to low and moderate income households and providing additional jobs for residents of the United States Virgin Islands. Maximum Height Limit. No residential structure shall exceed a height of six (6) stories. Common Open Space. Common open space shall be established in an amount not less than the percentage approved by the Legislature based upon the recommendation of the Department of Planning and Natural Resources. Common open space shall be used for recreation, and outdoor living space not including off- street parking, all of which uses shall include space for landscaping. The Department of Planning and Natural Resources shall stipulate such provisions for the ownership and maintenance of the common open space as will insure its continuity and conservation. The Department of Planning and Natural Resources may require that land be deeded to the Government for public schools and for recreation and/or park purposes if consistent with the General Plan of Development or Government policies. Said land is to be fully credited as usable open space. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 391; amended Mar. 19, 1990, No. 5523, § 6, Sess. L. 1990, p. 55; June 8, 1990, No. 5575, § 6(b), Sess. L. 1990, p. 226.

Area Affordable Housing Development Permits (a) Intent and purpose. There is a critical shortage of decent, safe, sanitary and affordable housing in the United States Virgin Islands. One of the factors contributing to the shortage of affordable housing is outmoded and rigid zoning and subdivision laws and building codes. The Government can encourage the provision of affordable housing by making land use and building regulations more flexible and by providing other incentives for the production of such housing. Savings in housing development costs can be achieved through higher density and reductions in frontage and setback requirements and lot coverage requirements. Savings can also be achieved by expediting the land use and building approval process and by making the process more predictable. It is the intent of section 232(d) of this title and this section to provide a specialized procedure that will, through incentives and in consideration of specific housing development proposals, facilitate construction of affordable housing in the United States Virgin Islands. A development permit for planned area affordable housing development may be granted to construct affordable housing on a specific lot, parcel, tract or geographic area only in conjunction with an approved plan and agreement for housing development in accordance with section 232 (particularly subsection (d) thereof) and this section. Any person seeking approval of a housing development and who agrees to make a portion of the housing units within such development affordable within the meaning of this subchapter may request development approval under the provisions of section 232 pertaining to planned area development and this section. Applications for planned area development approval for affordable housing shall receive priority processing by the Legislature, the Department of Planning and Natural Resources and the Zoning Administrator and all governmental departments and agencies involved in the review and approval of land development proposals. (b) Submission of affordable housing planned area development permit applications; expedited review and incentives. In order to encourage and facilitate the development of affordable housing, persons desiring to construct residential housing may elect to file an application for a planned area affordable housing development permit; provided, that such person agrees to make an agreed number of units in such proposed development available as affordable housing units; and provided, further, that the applicable requirements of section 232 are met. Notwithstanding section 232(c) of this chapter or any other law, the Government of the Virgin Islands Housing Finance Authority shall be exempted from the requirements of paving streets and installing utility systems, including electrical, telephone, water and gas lines, as a precondition to Government's subdividing land for use or sale in the Affordable Housing Program under this chapter. However, upon the Government's completion of a subdivision, under the provisions of this section, the government shall, within 180 days after the last home is constructed, complete the paving of streets and install utility systems and all monies generated from the sales of lots or housing units in the subdivision shall be deposited in a separate account and used or expended for the sole purpose of paving the streets and installing utility systems, including electrical, telephone, water and gas lines in the subdivision. Once the Government has met the requirements of section 232 of this title and this section, the balance of the monies remaining from the sales of the lots or housing units shall be deposited into the Land Bank Fund as established under title 33, chapter 111, of this Code. Applications for a planned area development permit for affordable housing shall be submitted by the applicant to the Virgin Islands Department of Planning and Natural Resources as provided herein and in section 232. An affordable housing development plan shall be submitted along with the planned area development permit application. A copy of such plan shall also be delivered to the Legislature, the Department or the VIHFA and the Authority. Prior to the final approval of a planned area affordable housing development permit, the applicant shall deliver to the Department of Planning and Natural Resources, an executed affordable housing development agreement, in the form prescribed by the Department or the VIHFA, in which the applicant agrees to provide affordable housing units within said proposed development in accordance with the terms of the preliminary approval. The agreement shall be in recordable form and shall be signed by the applicant and by any other persons whose signatures or consents are required in order to impose the applicant's obligations under the agreement as a covenant running with the land. Upon issuance of the development permit, the affordable housing development agreement shall be signed by the Zoning Administrator and the Department or the VIHFA and a copy thereof recorded in the office of the Recorder of Deeds. A copy of the recorded agreement, certified by the Recorder of Deeds, shall be furnished to the Zoning Administrator, the Authority and the Department or the VIHFA for their respective records. The Virgin Islands Department of Planning and Natural Resources and all other agencies and departments having jurisdiction in the matter shall give priority treatment to planned area affordable housing development permit applications. Completed applications shall be reviewed and set for public hearing within sixty (60) business days of submission. The Department of Planning and Natural Resources shall promulgate rules and regulations specifying the information and data required to be submitted in connection with the review of planned area affordable housing development applications. The Virgin Islands Department of Planning and Natural Resources shall also promulgate rules and regulations providing for pre-application meetings, preliminary review and final review of planned area affordable housing development permit applications; provided, that any such rules and regulations shall not allow more than fifteen (15) business days for said department to determine whether or not an application is deemed complete within the meaning of this subsection following any pre-application meeting and preliminary review. (c) Application procedure. Applications for planned area development permits for affordable housing shall be submitted to the Virgin Islands Department of Planning and Natural Resources. Prior to submission of a final application, applicants are encouraged to schedule a preapplication conference with the Virgin Islands Department of Planning and Natural Resources and the Department to review applicable zoning and affordable housing program requirements and incentives. The Department of Planning and Natural Resources, after due public notice in accordance with section 239 of this subchapter, shall hold a public hearing regarding the proposed development wherein all interested persons shall have the opportunity to be heard regarding the proposed housing development. After the public hearing, the Department of Planning and Natural Resources shall submit to the Legislature, the Governor, the Department or the VIHFA and the Zoning Administrator a report containing its recommendations on the proposed affordable housing development. The public hearing and report shall be undertaken only after a complete application has been received by the Department of Planning and Natural Resources. Completed applications shall be reviewed by the Department of Planning and Natural Resources and scheduled for a public hearing within sixty (60) business days of the receipt thereof. Only complete applications are required to be reviewed within the prescribed sixty (60) day period. Failure of the Department of Planning and Natural Resources to report its recommendations to the Legislature, the Governor, the Department or the VIHFA and the Zoning Administrator after the public hearing shall be treated as a favorable recommendation of the application. The report shall include findings and recommendations and the reasons for approval, disapproval or modification of the proposed development. A statement of the recommendations of the Department of Planning and Natural Resources and approving, disapproving or proposing a modification of such planned area affordable housing development proposal shall be read at the public hearing. A proposal disapproved by said department may be adopted by the Legislature. After the public hearing and following submission of the report, the Legislature shall approve, disapprove, or modify and approve the proposed development and shall accordingly authorize the issuance or denial of, as appropriate, the development permit. (d) Reconsideration of applications. In case the Department of Planning and Natural Resources recommends denial of a request for a planned area affordable housing development permit, the Legislature may permit the application with appropriate modifications to be resubmitted as provided in this section and a new public hearing thereon shall be conducted as herein required. History: Added Mar. 19, 1990, No. 5523, § 7, Sess. L. 1990, p. 57; amended May 3, 1994, No. 5978, § 3(e), Sess. L. 1994, p. 67; May 2, 2001, No. 6403, § 1, Sess. L. 2001, p. 20; June 5, 2001, No. 6413, § 2(a), Sess. L. 2001, p. 38.

General limitations upon accessory uses (a) An accessory use shall be located upon the same lot with a principal use, unless otherwise set forth in this subchapter. An accessory use shall be subordinate to the principal use and shall be a use or activity which is customarily incidental to the principal use. An accessory use shall not materially or substantially change or alter the character of activity of the principal use it serves. An accessory use shall include accessory buildings and structures to include memorial chapels. Accessory uses in planned residential districts (b) In a planned residential development of five (5) acres or more, after receiving a recommendation from the Virgin Islands Planning Office, a limited commercial center may be permitted as an accessory use if it meets the following conditions: 1. The commercial area shall not occupy more than five (5) percent of the total zoning lot area for the planned residential development; 2. It shall be intended primarily for the convenience of the residents of the planned residential development; 3. It shall be so located and designed within the planned residential development as not to interfere with the amenities of the surrounding residential area or to create excessive traffic or parking demands upon the street system; 4. The design of the commercial area shall be in keeping with the general design of the planned residential development. Accessory uses in hotels and multiple residences (c) In a hotel or apartment house located in the R-3, R-5, and W-1 Districts, limited commercial activities are permitted subject to the following conditions: 1. The commercial activities will occupy the ground floor area of the hotel or apartment house with the exception of a restaurant or snack bar which may be in a separate building; 2. The commercial activities will be those customarily found in hotels including, but not limited to, perfume, liquor, clothes, novelty, jewelry, watches, etc., shops and restaurants; 3. They shall be intended for the convenience of the residents of the hotel or apartment house. Accessory uses in agricultural districts (d) In Agricultural Districts, in addition to the principal structure, buildings for the housing of tenants or employees are permitted, provided the number of such additional structures shall not exceed one (1) in the A-2 District and three (3) in the A-1 District. One roadside stand for the sale of agricultural products produced on the premises shall be permitted. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 394; amended Dec. 1, 2001, No. 6479, § 24(c), Sess. L. 2001, p. 332.

Scope (a) Any lawful use of land or a building existing at the date of passage of this subchapter and located in a district in which it would not be permitted as a new use under the regulations of this subchapter, is hereby declared to be a nonconforming use, and not in violation of this subchapter at the date of adoption of this subchapter; provided, however, a nonconforming use shall be subject to the regulations in subsection (h) of section 234 of this subchapter. Record of nonconforming uses (b) Within twelve (12) months after the adoption of this law or any amendments thereto, the Zoning Administrator shall prepare a complete record of all nonconforming uses of lands, buildings and structures existing at the time of such law or amendment and shall notify the owners of record of said lands, buildings and structures. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupancy other than the owner, the legal description of the land, and the nature and extent of such use. Such list shall be available at all times in the office of the Zoning Administrator. Certificate of occupancy for nonconforming uses (c) The owner of a property in a nonconforming use shall, within sixty (60) days after notification by the Zoning Administrator, sign and return to the Zoning Administrator one copy of the notification, if he agrees that property, ownership and nonconforming use are accurately described in the notification. If he finds that the Zoning Administrator has erred in any respect, he shall certify to the correct facts by affidavit to the Zoning Administrator. Upon receipt of the signed copy of the notification by the Zoning Administrator, the owner shall be issued a Certificate of Occupancy for the nonconforming use. Such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the Certificate of Occupancy. Any nonconforming use for which a Certificate of Occupancy has not been issued shall be presumed to be a violation of this subchapter. If the Zoning Administrator shall find, upon reviewing any application for a Certificate of Occupancy that the existing use is illegal or in violation of any other ordinance or law, or if he finds that the building for which the Certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or zoning law in effect at the time of construction or alteration, he shall not issue the Certificate of Occupancy but shall declare such use to be in violation of this subchapter. Continuation of nonconforming use of land or buildings (d) Nothing contained in this subchapter shall be deemed to prohibit the continued use of land or buildings for any purpose, which use existed and was lawful on the effective date of this subchapter, although such use does not conform to the requirements specified in this subchapter for the district in which such land or buildings are located. Change of nonconforming use (e) A nonconforming use may be changed to another nonconforming use in the same zoning classification providing no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use, it shall not revert back to a nonconforming use. Extension of a nonconforming use (f) A nonconforming use may be extended throughout the building it occupies, provided no structural alterations or changes are made therein except those required by law or regulation or such as may be necessary to secure or insure the continued advantageous use of the building during its natural lifetime. A nonconforming use of land may be extended throughout the lot it occupies, but not closer to adjacent properties than would be allowed for a permitted use in the zoning district, except that in the case of activities devoted to extracting soil, rock or other minerals from land, a minimum distance of one hundred feet from adjoining properties shall be maintained. However, no building occupied by a nonconforming use shall be extended or enlarged in any manner except as may be required by law or regulation or changed to a conforming use. Restoration of nonconforming building (g) Nothing in this subchapter shall prohibit, within a period of six (6) months from the date of destruction of a nonconforming building, the securing of a permit for the restoration of said building where its valuation immediately prior to such destruction has not been reduced by more than fifty (50) percent as a result of such destruction by fire, explosion, act of God, or act of the public enemy. The determination as to the extent of reduced valuation resulting from such destruction shall rest with the Commissioner of Planning and Natural Resources. Discontinuance or abandonment of nonconforming use (h) Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of three (3) years shall thereafter conform to the provisions of this subchapter. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 395; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; amended Oct. 6, 2019, No. 8200, § 2, Sess. L. 2019, p. 53.

Administration (a) This subchapter and chapters 5 and 7 of Title 6, Virgin Islands Code, shall be administered and enforced by a Zoning Administrator who shall be the Commissioner of Planning and Natural Resources. The Commissioner of Planning and Natural Resources shall appoint Assistant Zoning Administrator(s) who shall have had experience in dealing with Zoning Laws, and may designate the Assistant Zoning Administrator(s) in writing, to act on his behalf. The Zoning Administrator is authorized to take an appeal from any decision of the Board of Land Use Appeals when his decision has been overruled by said Board. The Commissioner of Conservation and Cultural Affairs shall be the Zoning Administrator in connection with any development for which a coastal zone permit is required under Title 12, chapter 21 of this Code (the Title 12gichapter 21Coastal Zone Management Act of 1978). The Zoning Administrator shall maintain permanent and current records relative to adoption and chapters 5 and 7 of Title 6, Vchapters 5 and 7 of Title 6, Virgin Islands Coded enforcement of the zoning regulations, including but not limited to all zoning maps, plans, applications, planned developments, conditional uses, variances, appeals and disposition thereof, and shall provide an information service for the public on all matters relating to zoning in the Virgin Islands. It shall be the duty of the Zoning Administrator to examine all applications for building or other permits for the use of land and to determine that the application and plan submitted conforms to all provisions of this subchapter, as provided and set forth in subsection (c) of section 235 of this subchapter prior to the issuance of any building or other permit. It shall be the duty of the Zoning Administrator to make recommendations to the Planning Office and the Legislature of the Virgin Islands with respect to changes which he deems desirable in the law in order that it may prove a more effective instrument in helping to achieve the General Development Plan of the Virgin Islands. Enforcement (b) The Zoning Administrator and employees of his department as he may designate may cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision or regulation of this subchapter. Any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent the unlawful erection, construction, alteration, conversion, maintenance or use of a building; or to restrain, correct or abate such violation; or to prevent the occupation of buildings, structures or land; or to prevent any illegal act, conduct, business or use in or about such premises. Application for building or other permits for use of land (c) All applications for building or other permits for use of land, including building permits for the planting of a tree as defined in chapters 5 and 7 of Title 6, Virgin Islands Code, if such permit is required by either of said chapters, shall contain at least the following information, unless any specific required information is waived by the Zoning Administrator as not relevant or necessary to determine that all provisions of this subchapter have been met: A site plan of the property, in duplicate, to a scale not to exceed twenty (20) feet to one (1) inch, prepared by a registered engineer, architect or land surveyor, or a draftsman pursuant to the authority of such draftsman under 27 V.I.C. § 291(8), illustrating the proposed development of the property and including the following: 1. Topographical features showing present grades and any proposed grades if present grades are to be altered. When required by the Zoning Administrator, contours not greater than five (5) feet shall be shown; 2. Property boundary lines and dimensions including any distinguishing platted lot lines within the property; 3. Location and dimensions of buildings, including height in stories and feet and including total square feet of ground area coverage of all existing and proposed buildings; 4. Location and dimensions of all driveways and entrances and minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any side of a building or structure; 5. Location and dimensions of parking stalls, access aisles, and total area of lot coverage of all parking areas and driveways; 6. Location and dimensions, including height clearance, of all off-street loading areas; 7. Location, designation and total area of all usable open space, including use of any paved areas as distinguished from sodded or other landscaped areas; 8. Location and height of fences, walls including retaining walls, or screen planting, and the type or kind of building materials or planting used; 9. Proposed surface drainage; 10. Location of easements or other rights-of-way; 11. Location and designation of any open storage space; 12. The use of existing and proposed buildings, including the number of dwelling units in any building and the number of bedrooms in each dwelling unit in any building occupied or proposed to be occupied by more than two (2) dwelling or apartment units. This shall be supplemented by a summary schedule of all existing or proposed dwelling types set forth in the Table of Density Regulations of this subchapter; 13. In residential buildings, any existing or proposed commercial accessory uses as permitted by this subchapter shall be located and designated; 14. The total floor area in any commercial or mixed commercial-residential building which is governed by this subchapter by a floor area ratio (F.A.R.) factor. If a mixed commercial-residential occupancy, the location and total floor area of any commercial part of the building governed by a floor area ratio shall be shown; 15. Any information pertaining to a use conditionally permitted, where necessary to determine that the conditions for that use are met, or any information necessary to determine that the amount of off- street parking required by this subchapter is met. 16. In the case of a building permit required by chapter 5 or 7 of Title 6, Virgin Islands Code, the additionalchapter 5rmation required by said chapters. A location map, in duplicate, at a scale not to exceed two hundred (200) feet to one (1) inch showing, at least, the uses of all property across the street or alley from or adjoining the boundary of the subject property, including the following: 1. All streets, alleys or other public rights-of-way, public parks and places and all lots and lot lines, streams, guts, waterways and easements; 2. All structures and the principal use of each structure, including the kind of residential, business, commercial, industrial or waterfront use; 3. All parking areas as may be significant to the application in question. Any other information as may be required by the Zoning Administrator to determine that the application is in compliance with this subchapter shall be furnished upon demand, including but not limited to flood plans, elevations, profiles, perspectives or any other material necessary to a complete understanding of this application. A statement in writing signed by the applicant stating that the information as shown on said plans is true and correct. Any failure to comply with the provisions of this subchapter shall be good cause to refuse the issuance of any permit and/or to revoke any permit which may have been issued for any building or use of land. Upon receipt of an application, the Zoning Administrator shall stamp the application with the date and time it was received and/or shall notify the applicant by electronic and written correspondence not later than five days after the application was received. The Zoning Administrator shall make a decision on the application not later than 45 days after receipt in the case of an application for a commercial permit, and not later than 30 days for a residential permit. If the application is deficient or denied, the Zoning Administrator shall send the applicant a written and electronic correspondence not later than five days after deficiency or denial determination. Certificates of occupancy (d) A copy of an application for a building permit in any of the zones defined in chapters 5 and 7 of Title 6, Virgin Islands Code, shall be submitted to the Virgin Islands Port Authority at the same time it is submitted to the Zoning Administrator provided such zone is one to which the building permit provisions of either of said chapters applies. (e) No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy has been issued by the Zoning Administrator, stating that the premises or building complies with all provisions of this subchapter; except that where the alteration does not require the vacating of the premises or where parts of the premises are finished and ready for occupancy before the completion of the alteration, or in the case of a new structure, before its completion, a conditional certificate of occupancy may be issued. No change or extension of use and no alteration shall be made in a nonconforming use of a building or land without a Certificate of Occupancy having first been issued by the Zoning Administrator that such change, extension or alteration is in conformity with the provisions of this subchapter and as provided by subsection (c) of section 234. Application for a Certificate of Occupancy may be made at the time application is made for a building permit or other permit for use of land. A certificate of occupancy shall be issued within ten (10) days after the erection or alteration of a building is completed if determined to be in conformity with the provisions of this subchapter. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 398; amended Oct. 31, 1978, No. 4248, § 10, Sess. L. 1978, p. 314; July 21, 1981, No. 4594, § 1, Sess. L. 1981, p. 91; Dec. 9, 1982, No. 4774, § 4(a)-(e), Sess. L. 1982, p. 277, 278; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; amended May 19, 2021, No. 8444, § 1(a), Sess. L. 2021, p. 7.

General powers of the board for the administration of the zoning law (a) The Board of Land Use Appeals is a body of limited powers. It may not change the use of property from that permitted by the Zoning Law nor may it increase the height of a structure above that permitted by the law: The Board shall have the following general powers: 1. The Board shall hear and decide all matters referred to it or upon which it is required to pass under this law. 2. The Board shall hear and decide appeals made by any person or persons severally or jointly aggrieved by any order, requirement, decision or determination made by the Zoning Administrator. The Board may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination, as in its opinion ought to be made, and to that end shall have all the powers of the officers from whom the appeal is taken. 3. The Board may grant such special permits as are specifically authorized under the terms of this subchapter and subject to the conditions set forth herein. Meetings of the Board (b) All meetings of the Board shall be in public, and shall be held at the call of the Chairman and at such other times as the Board may determine. Records of the Board may be examined in the offices of the Board at any reasonable time. Executive meetings of the Board may be held, but any record of such meetings shall also be opened to public inspection. Rules of procedure of the board (c) The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this subchapter. Except as otherwise provided for in this subchapter, this shall include, among other things, procedure for conduct of public hearings, forms to be used in the submission of applications, times when hearings shall be held, and the forms of written reports and findings of the Board. Time for hearings. The Board shall fix a reasonable time for hearings, giving due notice thereof as required by section 239 of this subchapter, but in no case shall a hearing on a particular matter be held later than sixty (60) days after the filing of an application with the Board on that matter. Agenda. The agenda for any meeting of the Board of Land Use Appeals to be prepared by the Secretary of the Board shall be released not less than fifteen (15) days prior to the meeting at which matters so listed are to be considered. Decisions. Decisions of the Board shall take effect when rendered, provided a copy thereof shall be filed in the office of the Lieutenant Governor of the Virgin Islands. Any person who appeals to the Board shall be notified of the Board's decision on his appeal by certified mail within three (3) days after such decision is rendered. Action of the Board final. The action of the Board shall be final, unless an appeal is taken to the District Court of the Virgin Islands within thirty (30) days of the date upon which the applicant was officially notified of the Board's final action. No case shall be reopened nor shall any applications be accepted constituting the same appeal involving the same property upon which the Board has taken final action for at least one (1) year from the date of final action of the Board. Rehearing. The Board may grant a rehearing upon any appeal if any application for such rehearing, which includes new evidence to be presented which was not considered by the Board at the hearing, is made to the Board within thirty (30) days of the date upon which the applicant was notified of the Board's original action. Only one application for a rehearing may be made in any case. Minutes and findings of the board (d) The Board shall keep minutes of its proceedings, recording the action of the Board and the vote of each member upon each action or, if absent or failing to vote, indicating such fact. It shall also keep records of is examinations and other official actions, all of which shall be filed promptly at the office of the Board and shall be open to public examination at reasonable hours. All findings and actions of the Board shall be in writing and shall set forth the reasons for the action taken irrespective of what action was taken. Findings shall be complete, detailed and in specific terms setting forth the reasons for the decisions and shall go beyond such generalities as "in the interest of public health, safety and general welfare". In every instance, a statement of the facts upon which such action is based shall appear in the minutes. Vote required by the board (e) The concurring vote of two-thirds (2/3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under the terms of this subchapter. Assistance to the board (f) The Board may call upon other governmental departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance as may be reasonably required. As required by section 237 of this subchapter, as well as when requested by the Board of Land Use Appeals, the Virgin Islands Planning Office shall submit an advisory opinion to the Zoning Board at least four (4) days prior to the public hearing assigned to the matter on which the opinion was requested. The findings of the Planning Office shall be read into the record at such public hearing. The failure of the Planning Office to submit its report to the Board of Land Use Appeals prior to the public hearing shall not prevent the Board of Land Use Appeals from reaching a decision on any matter before it. Specific powers of the board to grant variances (g) The Board may grant specific variances or modifications from the strict application of this subchapter when, by reason of exceptional narrowness, shallowness, shape or substandard size of specific parcels of property, or by reason of exceptional topographic conditions or other extraordinary situations or conditions of specific parcels of property, the strict application of these regulations or amendment thereto would result in a practical difficulty or unnecessary hardship upon the owner of said property, provided: 1. That such relief, variance or modification can be granted without substantial impairment of the intent, purpose and integrity of this subchapter and of the general plan of development of the Virgin Islands; 2. That this shall not permit a use of land not authorized by the provisions of this subchapter for a specific zoning district or an increase in the height or volume of a building or structure or an increase in the density of development beyond that permitted by this subchapter for any particular zoning district. Before granting a variance on the basis of unusual difficulty or unreasonable hardship, there must be a finding by the Board of Land Use Appeals that all of the following conditions exist: 1. That if the owner complied with the provisions of this law, he would not be able to make any reasonable use of his property; 2. That the difficulties or hardship are peculiar to the property in question in contrast with those of other properties in the same district; 3. That the hardship was not the result of the applicant's own action; 4. That the hardship is not merely financial or pecuniary. Time for which decision of the board is valid (h) No decision of the Board permitting the erection, alteration or use of a building or the use of land shall be valid for a period longer than one (1) year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is promptly started and proceeds to completion in accordance with the terms of the decision of the Board or unless the use of the building or land is established within said period. Authority of board to interpret zoning district maps and boundaries (i) Where there is dispute as to location of any zoning district or zoning district boundary line which has been determined or interpreted by the Zoning Administrator under the provisions of section 224 of this subchapter, an appeal from such interpretation or determination may be made to the Board, and a determination shall be made by said Board. Appeals to board, applications, and stay of proceedings (j) Any person aggrieved by a ruling of the Zoning Administrator respecting the interpretation of this subchapter or any government officer, department, board or bureau of the Virgin Islands affected by the ruling of the Zoning Administrator concerning the interpretation of this subchapter may take an appeal to the Board of Land Use Appeals. Such appeal shall be taken within thirty (30) days from the date of any written order, requirement or decision complained of. Such appeals shall be taken by filing with the Zoning Administrator and the Board a notice of appeal specifying the grounds therefor and upon forms provided by the Board. The Zoning Administrator shall immediately transmit to the Board all of the papers or copies thereof constituting the record upon which the action appealed from was taken. Every application for a special permit or a variance or for an interpretation of a ruling of the Zoning Administrator shall be made on a form prepared by the Board of Land Use Appeals providing space showing the ownership of the property involved, the dimensions of the property and the reasons for the application. Said application shall also be filed with the Board of Land Use Appeals in accordance with subsection (c) of section 235, Applications for building permits, and shall also include a statement by the applicant of the reasons for the application. Upon the filing of an appeal, a party to the appeal may petition the Board of Land Use Appeals for the issuance of a stay of all proceedings in furtherance of the action from which the appeal is made. The Board of Land Use Appeals may, in its discretion and on such conditions for the security of the adverse party as are proper, grant a stay, unless the Zoning Administrator certifies to the Board of Land Use Appeals after notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. If the certification is made, proceedings shall not be stayed otherwise than by a restraining order, which after notice to the official and due cause shown, may be granted by the Board of Land Use Appeals or by a court of competent jurisdiction. Appeals from decisions of the board (k) Any person or persons jointly or severally aggrieved by any decision of the Board, or any official, department, board or bureau of the Government of the United States Virgin Islands, may present to the District Court of the Virgin Islands a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the ground of the illegality. Such petition shall be presented to the court within thirty (30) days from the date of the letter advising the applicant of the decision of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board and prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Appeals to board from decisions under chapters 5 and 7 of Title 6 (l) Notwithstanding any other provision of law to the contrary, the Board shall have the power to hear and decide appeals from decisions of the Zoning Administrator regarding the application of chapters 5 and 7 of Title 6, Virgin Islands Code, and such appeals shall be heard and decided in accordance with this subchapter. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 401; amended Oct. 31, 1978, No. 4282, § 128(a), Sess. L. 1978, p. 314; Dec. 9, 1982, No. 4774, § 4(f), Sess. L. 1982, p. 278; Jan. 10, 2003, No. 6571, § 9, Sess. L. 2002, p. 596.

General review of zoning law by the Virgin Islands Planning Office (a) The Planning Office shall carry on a continuous review of the effectiveness and appropriateness of the Zoning Law and recommend to the Legislature such changes that are in keeping with the General Development Plan for the Virgin Islands. Specific powers of the Virgin Islands Planning Office to review applications (b) Applications for the following special permits shall be referred to the Planning Office for a report of its recommendations at least thirty (30) days prior to the public hearing assigned to the matter on which the opinion was requested. Group dwellings as set forth in section 231. The Division of Planning of the Department of Planning and Natural Resources shall be responsible for the review and approval of such proposal. In considering the proposal, the Department of Planning and Natural Resources shall consider in particular the groupings and arrangement of the structures, landscaping, and whether modification in the yard and/or grouping provisions will permit better site planning, and whether the proposed development is compatible with adjacent uses and properties, and whether the proposed location is in harmony with the general plan of development. Planned area or planned residential developments as set forth in section 232. In reviewing such proposal, the Planning Office shall consider all aspects of the proposal as set forth in this subchapter, and in particular the grouping and arrangement of the structures; the location of permitted uses and their relationship to adjacent properties; the development and distribution of open spaces; the pedestrian and vehicular pattern; the zoning district or districts in which the Planned Development and adjacent properties are located; whether any amendments to said zoning district or districts should or ought to be recommended in conjunction with the proposed development plan; whether any modification in the yard and/or grouping provisions should or ought to be recommended to provide for a better arrangement of buildings and open space and to provide better site planning; whether the proposed development is compatible with adjacent properties and uses, and does not deprive such properties or uses of adequate light and air; and whether the proposed location and development is in harmony with general plan of development and in the public interest of the Virgin Islands. The full report of the Planning Office regarding such proposal shall include the reasons for the decision thereon and shall be incorporated into the records of any public hearing held thereon. The Planning Office shall report its findings in regard to these and any other relevant consideration in its report to the Zoning Administrator. Review of zoning amendments by the Virgin Islands Planning Office (c) Any petition for an amendment to the text of the Zoning Law or the Zoning District Maps shall be referred to the Planning Office for a report to be submitted to the Legislature of the Virgin Islands after due public notice and hearing, containing its recommendations in the manner set forth in section 238. In reviewing a petition for an amendment to the Zoning LawZoning Lawthe Zoning District Maps, the Planning Office shall consider, in particular, changes that have taken place in the Virgin Islands in patterns of development and land use, the supply of land and its suitability for various purposes, the effect of the change of any rule or regulation in the text upon the Islands as a whole, the purpose of Zoning and the particular zoning districts, and whether the change is in harmony with the general plan of development of the Virgin Islands. General rules of procedure of the Planning Office (d) The Planning Office shall adopt, from time to time, general procedural rules and regulations necessary to carry into effect the provisions of this subchapter. Except as otherwise provided for in this subchapter, these shall include, among other things, procedure for the conduct of public hearings, the time and place of meetings and public hearings on particular matters, forms to be used in the submission of applications, assignment of duties to a secretary and/or assistant secretary who shall be designated by the Director of Planning from employees of his staff to carry out the official business of the Office, formation of committees, and the forms of written reports and findings of the Office. Time for hearing. The Virgin Islands Planning Office shall fix a reasonable time for hearings, giving due notice thereof as required by section 239, but in no case shall a hearing on a particular matter be held later than sixty (60) days after the filing of an application with the Planning Office on that matter. Agenda. The agenda of any meeting of the Planning Office shall be released not less than five (5) days prior to the meeting at which matters so listed are to be considered. Advisory counsel of the Planning Office to other agencies (e) When requested, the Planning Office and its staff shall give such technical advisory counsel as deemed appropriate to the Zoning Administrator, the Board of Land Use Appeals and other agencies. Notification of zoning amendments by Planning Office (f) The Planning Office shall notify the Office of the Tax Assessor and the Department of Finance of all amendments or changes to the text of the zoning law or the zoning district maps within 15 days of every such change. Within sixty days of notification of any zoning changes, the Office of Tax Assessor shall reassess the affected properties. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 407; amended Mar. 16, 1984, No. 4907, Sess. L. 1984, p. 73; Nov. 9, 1995, No. 6084, § 13, Sess. L., p. 213.

Scope of amendments (a) Any provision of this subchapter, as well as the boundaries of the various Zoning Districts established herein, may be amended or repealed by the Legislature of the Virgin Islands after due public notice and hearing where parties in interest and citizens shall have an opportunity to be heard, subject to the provisions of this section and section 239 of this subchapter. Initiation of amendments (b) Amendments to the Zoning Maps may be initiated either by petition of any property owner or by the Virgin Islands Planning Office. Amendments to the Zoning Law may be initiated by the Virgin Islands Planning Office. Referral to the Planning Office (c) Every proposed amendment to the Zoning Law, including changes in the Zoning District Maps or boundaries, shall be referred to the Planning Office at least thirty (30) days prior to the date assigned for a public hearing to be held thereon by the Legislature of the Virgin Islands. The Planning Office, after due public notice and hearing wherein parties in interest and citizens shall have the opportunity to be heard, shall transmit to the Legislature a report containing its recommendations on the proposed amendment. Failure of the Planning Office to report prior to or at the hearing of the Legislature shall be taken as approval of the proposal. A statement of the recommendation of the Planning Office approving, disapproving or proposing a modification of such proposal shall be read at any public hearing held by the Legislature. The report of the Planning Office regarding such proposal shall include the reasons for the vote thereon and shall be incorporated into the records of any public hearing held thereon. A proposal disapproved by the Planning Office may be adopted by the Legislature. Notwithstanding any other law, after receiving a necessary zoning change from the Legislature, the owner of property that plans a development on such property as the reason for such zoning change shall begin construction within thirty-six (36) months after receiving all the necessary permits pursuant to the Virgin IslVirgin Islands Coderuction has not commenced within the aforesaid time period, the owner will again have to obtain the approval of the Legislature as provided under this section; provided further, that if the property abuts a shoreline, the owner of such property shall also grant, provide and maintain public easements to the shoreline abutting such property that are easily accessible to the general public. Reconsideration of application denied by the Planning Office (d) In case the Planning Office recommends denial of a request for a change in zoning or any amendment to this subchapter or any Planned Development, the Legislature shall not act upon any law covering the same request if filed with the Legislature more than ninety (90) days after the date of the Planning Office's recommendation of denial unless said law has been referred to the Planning Office for its further consideration. The Office may reaffirm its original recommendation without holding further hearings if it finds and determines that there is no material change in conditions, or it may hold further hearings on the proposed law. The Planning Office shall transmit its recommendation to the Legislature. Whenever the Planning Office, after hearing all the evidence presented upon any application under the provisions of this subchapter denies same and refuses to recommend to the Legislature the passage of a law making such changes as is proposed, the Planning Office shall refuse to hold further hearings on a renewal application for the same matter by the same applicant or applicants, their successors or assigns, for a period of twelve (12) months from and after denial thereof, except and unless the Planning Office shall find and determine from the information supplied by a request for a rehearing that changed conditions have occurred relating to the application and that a reconsideration is justified. If the rehearing is denied, the application shall not be reopened for at least one (1) year from the date of the original action by the Planning Office. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 409; amended Jan. 2, 1987, No. 5248, § 11, Sess. L. 1986, p. 438.

In those cases where an amendment to a zoning map is requested by a property owner for a specific use of property which is not permitted in the zoning district where the property is located, but which use would not substantially conflict with the permitted uses in the zoning district, the Legislature, in lieu of an amendment to the zoning map, may grant a variance for that specific use of the subject property; provided, however, that all other requirements of that zoning district will continue to apply to the subject property. History: Added Mar. 13, 1990, No. 5516, Sess. L. 1990, p. 28.

General regulations on public hearings (a) Public notice of any hearing as required by this subchapter, to be conducted by the Board of Land Use Appeals, or Planning Office, shall be deemed to have been given when the following actions have been completed: 1. A notice setting forth the general purpose of any such hearing and the time and place thereof shall have been published in a newspaper of substantial circulation in the area at least twice at intervals of not less than two (2) days; the first not more than fifteen (15) days nor less than ten (10) days, and the last not less than two (2) days before such hearing; 2. The owner(s) of any/all lot(s) within the area to be changed as well as those within one hundred fifty (150) feet of such area have been notified by certified mail of the general purpose of any such hearing and the time and place thereof at least fifteen (15) days prior to the date of such hearing; 3. A notice setting forth the general purpose of any such hearing and the time and place thereof has been posted on the property in question; 4. The Secretary of the body holding the hearing has, prior to the hearing, filed with the Office of the Lieutenant Governor an official copy of publication of notices published in the newspaper and set forth that certified letters have been sent to ____________________ (number of) property owners as indicated in 2 above. Transcription of testimony (b) In the hearing before the Virgin Islands Planning Office or the Board of Land Use Appeals, all testimony, objections thereto and ruling thereon shall be taken down by a reporter employed by the respective Boards for that purpose or recorded by a recording machine set up for that purpose. Appearance of parties (c) Upon the hearing before either Board, any party may appear in person or be represented by agent or attorney. Decision on matters of public hearing (d) Decisions on matters before either the Planning Office or the Board of Land Use Appeals shall be rendered within thirty (30) days after the hearing on the matter in question. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 410.

The owner or general agent of a building or premises where a violation of any provision of this subchapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten ($10.00) dollars and not more than one hundred ($100.00) dollars for each and every day that such violation continues; but if the offense be found to be willful on conviction thereof, the punishment shall be a fine of not less than one hundred ($100.00) dollars or more than two hundred fifty ($250.00) dollars for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both, in the discretion of the court. Any such person who, having been served with an order to remove any violation, shall fail to comply with said order within fifteen (15) days after such service, or shall continue to violate any provision of this subchapter in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty ($250.00) dollars. The Commissioner of Planning and Natural Resources, on behalf of the Government of the United States Virgin Islands, or of the owner or occupant of any neighboring property, who is or may be particularly prejudiced by any such violations, may, in addition to the other remedies provided by law, institute injunctions, mandamus, or abatement proceedings, or other appropriate action, to prevent, enjoin, abate, vacate, or remove any building erected or any building or use made or maintained in violation of this subchapter or any regulations hereunder. In any criminal prosecution under this section, the defendant may plead in abatement that such criminal prosecution is based on a zoning law or regulation which is the subject of a civil action wherein one of the issues is the interpretation of such subchapter or regulation and that the issues in the civil action are such that the prosecution would fail if the civil action results in an interpretation different from that claimed by the Government in the criminal prosecution. The court before which such prosecution is pending may order such prosecution abated if it finds that the allegations of the plea are true. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 411; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

In the interpretation and application of the provisions of this subchapter, such provisions shall be held to be the minimum requirements adopted for the promotion of the health, safety, morals or the general welfare of the Virgin Islands. It is not intended by this subchapter to repeal, abrogate, annual or in any way impair or interfere with any provisions of laws or any rules or regulations previously adopted pursuant to law, relating to the use of buildings or land, nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this subchapter imposes a greater restriction upon the use, erection, alteration or extension of buildings, or use of land, or upon the number of square feet of lot area per family, or where the yard or building line requirements are more restrictive than the requirements imposed by such existing provisions of law, or by such rules or regulations or by such covenants or arrangements, the provisions of this subchapter shall control. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 412.

Establishment of fees (a) Certain fees are herein established for filing of applications with the Virgin Islands Planning Office or the Board of Land Use Appeals. Such fees shall not apply to applications initiated by the Government of the United States Virgin Islands. Virgin Islands Planning Office (b) A fee shall be charged by the Virgin Islands Planning Office to cover the cost of all notices. For any application to amend this subchapter, including any Planned Development $250.00 In addition to the above, other than a planned development, for each net acre or fraction thereof: one acre but less than 5 acres $5.00 per acre 5 acres but less than 10 acres 10.00 per acre 10 acres but less than 20 acres 15.00 per acre 20 acres or more 20.00 per acre For each net acre or fraction thereof in a Planned Development: one acre but less than 5 acres $10.00 per acre 5 acres but less than 10 acres 15.00 per acre 10 acres but less than 20 acres 20.00 per acre 20 acres or more 25.00 per acre Board of Land Use Appeals (c) For all applications and appeals, other than variances $30.00 Transcripts, necessary upon appeal to the District Court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the Board of Land Use Appeals to take testimony given at the public hearing. The Board may waive the transcription costs where it is determined that the appellant is unable to pay for same. The cost of the transcript will be refunded to the appellant if the District Court orders such refund upon judgment. History: Added Aug. 8, 1972, No. 3284, § 2, Sess. L. 1972, p. 413; amended May 14, 1985, No. 5060, § 302, Sess. L. 1985, p. 45.

The purposes of this subchapter are, within the islands of St. Thomas, St. John and St. Croix: (1) to regulate the subdivision of land; (2) to provide for the orderly development of prospective street systems. It is the intent of this subchapter to require the approval by the Department of Planning and Natural Resources of any proposed subdivision of land coming within the provisions of this subchapter prior to effecting any sale or improvements within the area encompassed by the proposed subdivision. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 291; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Sept. 18, 2002, No. 6570, § 62(a), Sess. L. 2002, p. 557.

For the purpose of this subchapter the term "subdivision" means the division of a parcel of land into 4 or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. Any division of land for agricultural purposes into lots or parcels of 5 acres or more and not involving a new street shall not be deemed a subdivision. The term shall include resubdivision and, when appropriate to the context shall relate to the process of subdividing or to the land subdivided. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 292.

(a) The Virgin Islands Planning Office of the Department of Planning and Natural Resources shall administer the provisions of this subchapter, and may issue from time to time such rules and regulations pursuant to title 3, Chapter 35 Virgin Islands Code (Filing and Publication of Regulations), not inconsistent with the provisions of this subchapter, as may be necessary to effectuate the purposes and provisions of the same. Such regulations pursuant to title 3, Chapter 35 Virgin Islands Code (Filing and Publication of Regulations) may include in their provisions the form and development of subdivisions, streets and surrounding areas and for water, drainage and sanitary facilities. (b) Before adopting or amending any regulations, as provided for in subsection (a) of this section, the Commissioner of Planning and Natural Resources shall hold public hearings after giving not less than 15 days' public notice of the time, place and nature thereof. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 292; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Sept. 18, 2002, No. 6570, § 62(b), Sess. L. 2002, p. 557.

(a) Upon filing of an application with the Planning Director for approval of a preliminary plat or general subdivision plan, the subdivider shall submit to the Planning Director such plans and data as may be required by the Planning Director as necessary to provide information as to the nature and scope of the project. Within 30 days from the submission of the plan, the Planning Director shall approve or disapprove said plan and notify the subdivider. (b) (1) In the event of approval of a preliminary plat or general subdivision plan the final plat which shall be submitted to the Planning Director within such time as the Director prescribes, shall conform substantially to the general subdivision plan and, if requested in writing by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposed to record and develop at the time; Provided, however, That such portion conforms to all the requirements of this subchapter. (2) Applications for approval of the plan shall be submitted in writing to the Planning Director. (3) Four copies of the final plat and other exhibits required for approval shall be prepared as specified in Department of Planning and Natural Resources Rules and Regulations and shall be submitted to the Director of Planning within six months after approval of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Planning Director. (4) The Planning Director shall confer with the Department of Planning and Natural Resources regarding connecting utilities and other engineering aspects of the final plat. (5) Before the Planning Director grants final plat approval to a new sub-division in which a sub-divided parcel, as shown on the Preliminary Sub-division Plan submitted for the Director's approval is contiguous to existing potable water lines, as shown on the Water Distribution Maps of the Virgin Islands Water and Power Authority at the time of the Planning Director's approval of the Preliminary Sub-division Plan, the sub-divider shall install and connect potable water lines to the contiguous plots in the subdivision, or satisfy the Planning Director that all costs and expenses incidental to the installation and connection of potable water lines to the contiguous plots in the subdivision have been paid provided there are public water lines operated by the Virgin Islands Water and Power Authority or any other entity within one hundred feet of any boundary of the subdivision and public water lines are otherwise reasonably accessible to the sub-divider. (6) Within 30 days from submission of the final plat the Planning Director shall approve or disapprove said plat and notify the subdivider. In case of disapproval the Planning Director shall notify the subdivider as to the reasons therefor. (c) Upon disapproval of a preliminary plat or general subdivision plan, or final plat by the Planning Director the subdivider may request a hearing before the Commissioner of Planning and Natural Resources if such request is filed within 10 days from the receipt of notice of such disapproval. (d) The duties of the Planning Director, under the provisions of this subsection, may be performed by the Assistant Planning Director at the direction of the Planning Director. (e) Subdivision plans required under this chapter must comply with the provisions of Title 28, section 1006, Virgin Islands Code. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 292; amended Feb. 12, 1969, No. 2439, Sess. L. 1969, p. 91; Oct. 3, 1984, No. 4992, § 2, Sess. L. 1984, p. 256; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Aug. 2, 2001, No. 6420, § 1, Sess. L. 2001, p. 104; July 5, 2002, No. 6533, § 6, Sess. L. 2002, p. 424; Sept. 18, 2002, No. 6570, § 62(c), Sess. L. 2002, p. 558; Mar. 8, 2010, No. 7149, § 25, Sess. L. 2009, p. 416.

(a) The following non-refundable fees shall apply to the subdivision of land: Other than a Planned Unit Development Initial application fee $10 plus For subdivision of 5 acres but less than 20 acres 150 20 acres but less than 50 acres 250 50 acres but less than 75 acres 400 75 acres but less than 100 acres 500 100 acres but less than 200 acres 700 200 acres but less than 500 acres 1,000 500 acres or more 1,200 Planned Unit Development Initial application fee .................... $ 200 plus two dollars ($2) for each acre in total area of the development. (b) At the time of the filing of each Final Plot the following fees shall be paid: (1) One dollar ($1) per dwelling unit or two dollars per residential lot, whichever is greater; or (2) Ten dollars ($10) per acre for business or commercial land use. History: Added May 14, 1985, No. 5060, § 303, Sess. L. 1985, p. 46.

(a) Hardship. Where the Commissioner of Planning and Natural Resources finds that extraordinary hardships may result from strict compliance with this subchapter, or regulations adopted pursuant thereto, it may vary the terms of this subchapter so that substantial justice may be done and the public interest secured: Provided, That such variation will not have the effect of nullifying the intent and purpose of this subchapter. (b) Large scale development. Standards and requirements of this subchapter or regulations adopted pursuant thereto may be modified by the Historic Preservation Commission in the case of a plan and program for a comprehensive new development or neighborhood which in the judgment of the Historic Preservation Commission provides adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan. (c) Conditions. In granting variances and modifications, the Commissioner of Planning and Natural Resources may require such conditions as will in its judgment secure substantially the objectives of the standards or requirements so varied or modified. (d) Notwithstanding any other provision of law, no variance or modification granted by the Historic Preservation Commission, which would permit an increase in the height of any structure by more than two stories or 30 feet above the maximum height permitted without such variance or modification, shall be effective until approved by the Governor and the Legislature. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 293; amended Apr. 23, 1970, No. 2707, Sess. L. 1970, p. 89; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Sept. 18, 2002, No. 6570, § 62(d), Sess. L. 2002, p. 558.

Appeals from decisions of the Commissioner of Planning and Natural Resources shall be made to the Board of Land Use Appeals, and thereafter to the District Court of the Virgin Islands in accordance with the procedure set forth in section 270 of this title. (a) Building and use permits. The Commissioner of Planning and Natural Resources shall not issue building or use permits for any structure on a lot in any subdivision, the plat of which has not been approved or recorded in accordance with the provision contained therein. (b) Sale of lots from unrecorded plat. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as part of, or in conformity with any plan, plat or replat of any subdivision unless said plan, plat or replat shall have first been filed in the office of the Planning Director. (c) Penalties. Any person who has been notified of a violation of the provisions of this subchapter by the Commissioner of Planning and Natural Resources, and shall have been ordered to comply with the same, shall be allowed a period of 15 days to comply with the order of the Commissioner of Planning and Natural Resources. Whoever, having been so notified and shall have wilfully failed to comply shall upon conviction of the same be fined not more than $50. Each day of violation after such conviction shall constitute a separate offense and shall be punishable by a similar fine. History: Added Dec. 12, 1961, No. 801, § 3, Sess. L. 1961, p. 294; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Sept. 18, 2002, No. 6570, §§ 62(d), 62(e), Sess. L. 2002, p. 558.

Notwithstanding anything in this subchapter to the contrary, applications made pursuant to this subchapter for subdivisions of land within the first tier of the coastal zone, as defined in Title 12, chapter 21 of this Code, shall not be approved by the Planning Director unless the subdivider submits evidence or a copy of a valid coastal zone permit authorizing such subdivision. Compliance with the terms and conditions of such coastal zone permit shall also be a condition of approval of any preliminary plat, general subdivision plan or final plat pursuant to this subchapter. History: Added Oct. 31, 1978, No. 4248, § 11, Sess. L. 1978, p. 314.

The Legislature of the Virgin Islands finds and declares- (1) That the historic heritage in ancient landmarks, and the fine architecture of several centuries which reflect the skills, crafts and culture of the Virgin Islands life, as well as the taste and judgment of the settlers of these islands and the ancestors of today's citizens, are invaluable assets and the property of the people of the Virgin Islands; (2) That, as the custodian of this heritage, the Legislature finds that the conservation and preservation of such historic and cultural assets will enhance the prestige and attractiveness of the Virgin Islands, will reserve a cultural property for generations to come, will increase resident responsibility and tourist interest, and will maintain the charm and high quality of appearance which make the Virgin Islands of the United States unique in the Caribbean. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97.

Historic Preservation Commission; Advisory Commission On Historic Landmarks (a) The Virgin Islands Historic Preservation Commission shall administer the provisions of this subchapter, and, in implementation and effectuation of such responsibility, shall, without limitation on the generality of the foregoing, have the following powers: (1) Exercise and perform the powers and functions with respect to the establishment of the "Virgin Islands Registry of Historic Buildings, Sites, and Places" as provided for hereinafter; (2) Exercise and perform the powers and functions with respect to the preparation of maps of "Historic and Architectural Control Districts" as provided for hereinafter; (3) Seek the advice, assistance, and cooperation of, and cooperate with, individuals, groups or agencies, public and private, with respect to programs or projects related to the conservation or preservation of historical or cultural assets; (4) Seek and accept gifts, bequests, endowments, and funds from any source, public or private, with respect to programs or projects related to the conservation or preservation of historical and cultural assets, including participation in federally assisted programs or projects in accordance with the provisions made with respect to executive departments under section 67, Title 3 of this code; (5) Prepare and place, from funds provided by law, Virgin Islands historical marks on or along the highway or street closest to the location which is intended to be identified; (6) With the written consent of landowners, mark buildings and sites which are of historic and cultural significance with appropriately designed markers; (7) Subject to the approval of the Governor, adopt, issue, and amend rules and regulations, not inconsistent with the provisions of this subchapter or other laws, necessary or appropriate for the implementation and effectuation of the purposes of this subchapter. (b) [Repealed.] History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(i), (o), Sess. L. 1987, pp. 42, 44.

The Virgin Islands Historic Preservation Commission is authorized to prepare from time to time, after due notice and public hearings, for submission to the Legislature and the Governor for approval, an inventory, to be known as the "Virgin Islands Registry of Historic Buildings, Sites, and Places", of all buildings, sites, features, landmarks, areas, heritage trees and districts in the Virgin Islands, which, after consultation with specialists and experts in the protection and preservation of historic buildings, sites, and places, are determined worthy of recordation and preservation. The Registry shall be prepared in such a manner as to be consistent with the national Register. The Registry shall include such items as the following: houses, warehouses, commercial structures, government buildings, forts and fortifications, churches and synagogues, cemeteries, squares, monuments, naval and nautical features, selected street facades, ruins, markets, birthplaces, parks and open squares, walls and retaining walls, stairways, steps, heritage trees and towers. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; amended Jan. 6, 2019, No. 8149, § 2, Sess. L. 2018, p. 324.

The Virgin Islands Historic Preservation Commission is hereby authorized to prepare from time to time, after due notice and public hearings, for submission to the Legislature and the Governor for approval, maps (and amendments, revisions, modifications, or additions thereto) of areas within the Virgin Islands to be known as "Historic and Architectural Control Districts". An Historic and Architectural Control District shall be an area including one or more public or private lots or properties, or parts thereof, within which, after consultation with specialists and experts, the buildings, structures, appurtenances, and places are determined of basic and vital importance for the development of culture and tourism because of their unique Danish or other colonial style, including color preparation, form, and architectural details, because of their being a part of, or related to, a park, square, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes in general. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

Districts; Authentication (a) The Virgin Islands Registry of Historic Buildings, Sites, and Places, and the maps of the Virgin Islands Historic and Architectural Control Districts, shall be submitted to the Legislature and to the Governor. The said Registry and maps of Control Districts, or any parts thereof, or amendments, changes or requirements made or imposed by the Legislature, shall not become effective until approved by the Legislature and the Governor. Upon such approval, the Registry and maps of Control Districts, together with all explanatory material thereon, shall constitute a part of this subchapter for all legal purposes and effects. (b) The Registry and maps of Control Districts, and changes or amendments thereto, shall be authenticated, and kept in the places set forth with respect to the official zoning maps in subsections (c), (d) and (e) of section 262 of this title. The said Registry and maps, thus duly authenticated, shall be and constitute the official and definitive representation as to the status of buildings, sites, places, and areas within the Virgin Islands for the purposes of this subchapter. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97.

and Registry (a) Until plans therefor are submitted to and acted upon by the Virgin Islands Historic Preservation Commission, no building or structure, including stone walls, fences, paving and steps, may be erected, reconstructed, altered, restored, moved, or demolished within any Historic and Architectural Control District or affecting any building, site, or place listed in the Registry; and no sign, light, fence, wall, or other appurtenant fixture may be erected or displayed on any lot or on the exterior of any building or structure located within said Control District or listed in the Registry; and no building or other permit may be granted for any such purpose within the said Control District or pertaining to any building, site, or place listed in the Registry. (b) Nothing in this subchapter may be construed so as to prevent the ordinary maintenance and repair of any architectural feature in any Historic and Architectural Control District or listed in the Registry which does not involve a change in design, material, color, or the outward appearance thereof; nor may prevent the construction, reconstruction, alteration, or demolition of any such feature which the Commissioner of Planning and Natural Resources shall certify is required by the Public Safety because of unsafe or dangerous condition; nor may prevent the construction, reconstruction, alteration, or demolition of any such feature under a permit issued by the Commissioner of Planning and Natural Resources prior to the effective date of the establishment of any said Control District or Registry entry. (c) The provisions of this subchapter do not limit, restrict, or impede in any respect the construction, reconstruction, renovation, alteration, restoration, or decoration of the interior by the owner of any building or structure, unless such building or structure is specifically listed in the Registry. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

Islands Historic Preservation Commission (a) In order to effectuate the intent of this subchapter, the Commissioner of Planning and Natural Resources, before issuing a building permit for work on or demolition of any building or structure in any Historic and Architectural Control District or listed in the Registry, shall refer the application and plans to the Virgin Islands Historic Preservation Commission for its consideration and action. The Historic Preservation Commission shall take into consideration the design and general arrangement, the material, color, and architectural style of the building or structure in question, and the use or project to be developed, and the proper relationship thereof with the feature and characteristics of the nearby buildings and the immediate neighborhood in general. All public projects, regardless of sponsorship, shall be reviewed in the same manner where project plans relate to buildings or structures in any Control District or which are listed in the Registry. (b) The Virgin Islands Historic Preservation Commission shall notify each applicant of the time, date, and place at which the application and plans will be considered, and each applicant may appear before the Historic Preservation Commission, in person and by representatives, to discuss the application and plans. If the Historic Preservation Commission disapproves the plans it shall place upon its records the reasons and shall include recommendations regarding the proposed construction, reconstruction, alteration, moving, change, or demolition, in terms of landscape, architectural and artistic design, scale arrangements, textures, material, color, and the like, of the property involved. The Historic Preservation Commission shall notify the applicant and the Commissioner of Planning and Natural Resources of its determination in writing, and shall, within fifteen days after a disapproval, furnish the applicant and the Commissioner with an attested copy of its reasons therefor and of recommended amendments or modifications to the plans. After receipt of the building permit from the Commissioner of Planning and Natural Resources, the applicant may proceed with the construction, reconstruction, alteration, moving, change, or demolition according to the plans as amended or modified in strict accordance with the Historic Preservation Commission's recommendations. (c) If the Historic Preservation Commission either does not notify the applicant of its determination within sixty days after submission of the application and plans to the Commissioner of Planning and Natural Resources, or does not furnish the applicant with a copy of its reasons for disapproval and of its recommendations within fifteen days after disapproval, then the application and plans shall be deemed approved in full and acted upon. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

(a) Any applicant or property owner aggrieved by a determination of the Historic Preservation Commission may, within thirty days of receiving notice of such a decision by the Historic Preservation Commission, file a written notice of appeal with the Board of Land Use Appeals, and thereafter to the District Court in accordance with the procedure set forth in section 270 of this title. (b) Any building or structure located in any Control District or listed in the Registry which is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this subchapter, is unlawful and a public nuisance. (c) Any person who has been notified of a violation of the provisions of this subchapter by the Commissioner of Planning and Natural Resources or the Historic Preservation Commission and has been ordered to comply with the same, shall be allowed a period of thirty (30) days within which to comply with the order of the Commissioner or the Historic Preservation Commission. Any person who has been so notified and has wilfully failed to comply shall upon conviction of the same be fined not more than $25. Each seven day period of continuing violation after such conviction shall constitute a separate offense and shall be punishable by a similar fine. (d) The Attorney General shall prosecute all actions required for the enforcement of the provisions of this subchapter. (e) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this subchapter, the Attorney General, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful action, to restrain, correct, or abate such violation, or to prevent the occupancy of the building, structure, or land or any illegal act or use in or about such premises. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

This subchapter, being designated for the public welfare and the perpetuation of those structures and areas which have a close and immediate relationship to the cultural heritage of the Virgin Islands, shall be broadly construed in order to accomplish the purposes herein set forth. History: Added June 28, 1968, No. 2258, § 1, Sess. L. 1968, Pt. II, p. 97.

This chapter and the regulations issued pursuant to the authority hereinafter granted by this chapter shall be known and referred to as the Virgin Islands Building Code. History: Amended Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95.

(a) The purpose of this chapter is to safeguard life and limb, property, and public welfare, through the establishment of minimum building requirements for structural strength and stability. (b) Application. (1) General-The provisions of this chapter shall apply to the design, materials and methods, and to the construction, alteration, reconstruction, removal, and demolition of every structure located in the Virgin Islands; (2) New Buildings-All new buildings and/or structures constructed after May 1, 1964, shall be required to conform with its provisions; (3) Existing Buildings-After May 1, 1964, all existing buildings and/or structures enlarged, altered, or reconstructed, shall be so enlarged, altered, and reconstructed as to conform with the provisions of this chapter for new buildings, except as otherwise expressly provided for in this chapter. Refer to Section 310 for additional requirements for existing building. (c) Scope. This chapter does not cover all possible types of construction, design, materials and methods, and it is not the intent of this chapter to limit building to the types of construction design, materials and methods specifically covered herein. It is intended, basically, to assure that accepted engineering practice following nationally recognized consensus based codes and standards is employed in the execution of designs, that materials used are suitable for their intended use, and that good construction practices are followed. Therefore, for types of construction, design, materials, and methods not specifically covered in this chapter, it shall be generally necessary only to demonstrate compliance with the aforementioned principles. Nationally recognized consensus based codes and standards shall be used by the Commissioner as a basis for determining the acceptability of a design, material, or method not specifically covered in this chapter. (d) Adoption of Building Codes and Standards. The building codes and standards adopted in Section 292a shall be applicable to new building and structure and existing buildings and structures. Each subsequent edition of the codes shall become effective six months after publication. The Commissioner shall publish notice of the adoption of subsequent editions of the codes not less than three months before the effective date. (e) Commissioner Duties. The Commissioner, or his designee is authorized to perform the duties and powers of the building official as defined in the International Building Code, International Residential Code, International Energy Conservation Code and associated codes and standards. The Commissioner shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Commissioner. (f) Additional requirements. The Commissioner, on his own initiative, or at the request of any interested party, may determine in special cases any additional requirements necessary for the strength or stability of any building or structure to include higher earthquake wind, and flood standards, as applicable, not specifically covered by this chapter; provided that such additional requirements shall not be arbitrarily determined and shall be in the public interest. The details of the additional requirements shall be recorded and entered into the files of the Permitting Office and shall be promulgated in regulations in accordance with law. (g) Projects sponsored by public entities. The Commissioner may vary the requirements of this chapter for public projects or other projects related directly to the public interest, such as a housing project, school, public building, a health facility, or other similar project, when it is deemed justified for the general welfare and convenience of the community. Where such projects are located in a special flood hazard area, prior to granting a variance to provision in the Building Code for flood resistant construction, the Commissioner shall satisfy the requirement for variances specified in Appendix G of the International Building Code, as amended by this chapter. Where the contract for the erection of a public facility or a structure directly related to the public interest is to be awarded after competitive bidding, the Commissioner shall issue an order describing the variance and include the order among the bid documents submitted to interested bidders. In all other cases, the Commissioner shall file an order describing the variance with the Division of Comprehensive and Coastal Zone Planning, Division of Coastal Zone Management Office of State Historic Preservation, Division of Environmental Protection and Division of Permits and attach copies thereof to the plans approved and distributed in accordance with the procedure set forth in section 295(b)(3) of this title. The order describing the variance shall set forth the reason for authorizing a variance from the requirements of this chapter, and variances granted under this subsection shall in no case reduce the structural capability and safety of the facility. (h) Notwithstanding the provisions of any other law, the Commissioner shall resolve any and all discrepancies between the codes adopted and incorporated by reference herein, or any portion thereof, and any other provision of the Virgin Islands Building Code, and when such discrepancies involve building standards, the Commissioner shall apply the higher standard, and shall further have the authority to define all applicable terms by rules and regulations, unless any such term has been previously defined within this chapter. (1) The Commissioner shall consider each edition of the codes adopted in Section 292a subsequent to the 2018 editions as the basis on which to consider amendments. (2) The Commissioner shall consider only amendments that do not reduce the structural integrity and safety of buildings. (3) The Commissioner shall consider only amendments that are determined to be in the best interests of the territory. (4) Amendments to the code shall be provided in writing, published and available to the public for reference at least 90 days prior to the date the codes are effective. (i) Notwithstanding the provisions of any other law, the Commissioner shall have the authority to adopt and incorporate by reference through rules and regulations any subsequent amendments to the standardized codes, or portions thereof, adopted and incorporated by reference in this chapter. History: Amended Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44; Nov. 9, 1995, No. 6087, §§ 1-5, Sess. L. 1995, p. 233; Nov. 23, 2004, No. 6697, §§ 1(a), 1(b), 1(c), 1(n), 1(u), Sess. L. 2004, pp. 231-233; amended Apr. 11, 2024, No. 8818, § 1, Sess. L. 2024, p. -.

(a) General. The Codes set forth in this title are hereby adopted by reference. Such Codes shall be kept available for use or reference by the general public by the Department of Planning and Natural Resources. No special permit shall be required for the installation of the type of equipment covered except insofar as building structural elements are involved and electrical and plumbing connections are to be made. Building, electrical, and plumbing permits respectively shall be required where such work is to be done. If, however, on any inspection of work involving elevators, moving stairs, dumbwaiters, boilers, gas piping, gas appliances, and mechanical refrigeration systems (including air conditioning units), equipment and installation work is found not to conform to the Codes cited in this title, the Commissioner may order that corrections be made. (b) Public and Non-Public Buildings (1) International Building Code. The InternaBuilding Codeng Code, effective MarchBuilding Codemulgated and published by the International Code Council, and any subsequent editions or amendments thereto, is adopted and incorporated by reference in the Virgin Islands Building CoVirgin Islands Building Code as it is amended by the following provisions and any subsequent amendments adopted pursuant to Section 292(h) of this chapter. Each subsequent edition of the International Building Code shall becomeBuilding Codex months after publication. This code shall be applicable to every public and non-public building and structure in the Virgin Islands except one- and two-family dwellings and townhouses not more than three stories in height with a separate means of egress, and their accessory structures not more than three stories in height. (2) International Building Code AppendBuilding Codeons in the appendices of the International Building Code shall Building Codeess specifically adopted by the Commissioner of the Department of Planning and Natural Resources. The following appendices are hereby specifically adopted and incorporated by reference: Appendix E - Supplementary Accessibility Requirements; Appendix F - Rodent Proofing; Appendix G - Flood Resistant Construction; Appendix I - Patio Covers; Appendix M - Tsunami Generated Flood Hazards; and Appendix N - Replicable Buildings. (3) International Building CBuilding Codes. When the International Building CBuilding Coded, the provisions herein shall be amended as set forth in this section, where new text is shown underlined, deleted text is shown with strike-thru, and "Reserved" means the section or item designation is retained and the content is deleted in its entirety. Subsequent amendments may be adopted by the Commissioner of the Department of Planning and Natural Resources pursuant to section 292a of this chapter. The following amendments are hereby adopted. (A) IV structure and shall be provided with a storm shelter constructed in accordance with ICC 500. The Commissioner shall maintain a record of buildings with storm Reserve Section 402.6.4 as follows: Section 402.6.4 Plastic Signs. [Reserved.] (B) Add a new Section 423.3.1 as follows: Section 423.3.1 Hurricane shelters. Public schools with an occupant load of 50 or more, 911 call stations, emergency operations centers and fire, rescue, ambulance and police stations shall comply with Table 1604.5 as a Risk Category shelters. (C) Modify Section 1505.10 as follows: Section 1505.10 Roof gardens and landscaped roofs. Roof gardens and landscaped roofs shall comply with Section 1505.1 and 1507.16 and shall be installed in accordance with ANSI/SPRI VF-1. Stone, loose materials or garden debris capable of becoming wind-borne debris during a hurricane shall not be used as part of the design and be removed regularly. (D) Add a new Section 1612.2.1 as follows: Section 1612.2.1 Additional requirements for enclosed areas below elevated buildings. In addition to the requirements of ASCE 24, enclosed areas below elevated buildings: (1) Shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code. Where perimeter wall foundations are permitted, this limitation does not apply to load-bearing walls interior to the perimeter walls or partition walls when constructed above the base flood elevation. (2) Shall have the minimum necessary access to allow for parking of vehicles (garage door) or limited storage (standard exterior door) or entry to the elevated building (stairway or elevator). (3) Shall, in coastal high hazard areas and Coastal A Zones, be enclosed only by insect screening, lattice work or decorative screening, provided the screening or lattice work is designed to break away under base flood or lesser conditions without imparting additional flood loads to the foundation of the building. (E) Modify Section 1612.3 as follows: Section 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for U.S. Virgin Islands," dated April 16, 2007, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. (F) Modify Section 2901.1 as follows: Section 2901.1 Scope. The provisions of this chapter and the Uniform Plumbing Code shall govern the design, construction, erection and installation of plumbing components, appliances, equipment and systems used in buildings and structures covered by this code. Toilet and bathing rooms shall be constructed in accordance with Section 1209. Private sewage disposal systems shall conform to the International Private Sewage Disposal Code. The International Fire Code, and the Uniform Plumbing Code shall govern the use and maintenance of plumbing components, appliances, equipment and systems. The Uniform Plumbing Code shall govern the alteration, repair, relocation, replacement and addition of plumbing components, appliances, equipment and systems. (G) Modify Appendix G Section G103.4 as follows: Section G103.4 Activities in riverine flood hazard areas with base flood elevations. In riverine flood hazard areas where base elevations are specified but floodways have not been designated, the building official shall not permit any new construction, substantial improvement or other development or encroachment, including fill, unless the applicant submits an engineering analysis prepared by a registered design professional, demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the base flood elevation more than one foot (305 mm) at any point within the community. (H) Add a new Appendix G Section G103.4.1 as follows: Section G103.4.1 Activities in riverine flood hazard areas without base flood elevations. In riverine flood hazard areas where base flood elevations are not specified and floodways have not been designated, the building official shall not permit any new construction, substantial improvement or other development or encroachment, including fill, within a minimum distance of 25 feet from the top of the stream bank on each side, or 30 feet from the centerline of a stream, drainage way or swale, whichever is greater, unless the applicant submits an engineering analysis prepared by a registered design professional, demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not result in any increase in flood levels during occurrence of the base flood discharge. (I) Add a new Appendix G Section G501.0 as follows: Section G501.0 Installation prohibited. Installation of manufactured homes in floodways shall not be permitted except in an existing manufactured home park or subdivision. (4) Additional requirements for public and non-public buildings. In addition to the requirements of the applicable building code, public and non-public buildings shall comply with the following: (A) Roof mounted solar panels. Where roof mounted solar panels are provided, the solar panels shall have a hail damage rating of VSH (very severe hail) in accordance with the latest edition of FM 4478, Roof Mounted Rigid Photovoltaic Modules. (B) Mechanically mounted rails or racks for solar panels. Mechanically anchored rails or racks for solar panels shall be specified. Ballasted racks or rails are not permitted. Racks and rails that are attached to the roof surface with adhesive are not permitted. (C) Gutters. Where external gutters are provided, gutter systems shall meet the requirements specified in the latest edition of ANSI/SPRI GT-1, Test Standard for Gutter Systems. (c) One- and Two-Family Dwellings and Townhouses. (1) Detached one- and two-family dwellings and townhouses not more than three stories in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. The International Residential Code, effective March 1, 2018, promulgated and published by the International Code Council, and any subsequent editions or amendments thereto, is adopted and incorporated by reference in the Virgin Islands Building Code aVirgin Islands Building Code as it is amended by the following provisions and any subsequent amendments adopted pursuant to Section 292(h) of this chapter. Each subsequent edition of the International Residential Code shall become effective six months after publication. This code shall be applicable to every residential building and structure in the Virgin Islands. (2) International Residential Code Appendices. Provisions in the appendices of The International Residential Code shall not apply unless specifically adopted. The following appendices are hereby specifically adopted and incorporated by reference: Appendix E - Manufactured Homes Used as Dwellings, Appendix F, Radon Methods, Appendix H - Patio Covers, and Appendix I - Private Sewage Disposal. (3) International Residential Code Amendments. The International Residential Code shall be amended as set forth in this section, where new text is shown underlined, deleted text is shown with strike-thru, and "Reserved" means the section is deleted in its entirety. Subsequent amendments may be adopted pursuant to Section 292a of this chapter. (A) Modify Section R301.1.1 as follows: Section R301.1.1 Alternate Provisions. As an alternative to the requirements in Section R301.1, the following standards are permitted subject to the limitations of this code and the limitations therein. Where engineered design is used in conjunction with these standards, the design shall comply with the International Building Code. 1. AWC Wood Frame Construction Manual (WFCM). 2. AISI Standard for Cold-Formed Steel Framing-Prescriptive Method for One- and Two- Family Dwellings (AISI S230). 3. ICC Standard on the Design and Construction of Log Structures (ICC 400). 4. Construction Information for a Stronger Home (4th Edition, April 2018 such that wind loads meets or exceed current values in the International Residential Code. (B) Complete Table R301.2(1) as shown in the following figure: EXHIBIT A: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Click here to view this image. (C) Modify Section R301.2.1.5 as follows: 1. Modify Section R301.2.1.5. Section R301.2.1.5 Topographic wind effects. Topographic wind effects shall be considered in the design of the building in accordance with Section R301.2.1.5.1 or in accordance with the most current provisions of ASCE 7. 2. Modify Section R301.2.1.5.1. Section R301.2.1.5.1 Simplified topographic wind speed-up method. As an alternative to the ASCE 7 topographic wind provisions, the provisions of Section R301.2.1.5.1 shall be permitted to be used to design for wind speed-up effects. Structures shall be designed for an increased basic wind speed as determined by Figure(s) R301.2.1.5.1 (4) through R301.2.1.5.1(6). The most current version of these maps at the time of construction shall apply. Click here to view this image. Figure R301.2.1.5.1 (4) - Wind Speed-Up Map for St. Thomas, USVI (lookup tool http://hazards.actcoumcil.org) Click here to view this image. Figure R301.2.1.5.1 (5) - Wind Speed-Up Map for St. Croix, USVI (lookup tool http://hazards.actcoumcil.org) Click here to view this image. Figure R301.2.1.5.1 (6) - Wind Speed-Up Map for St. John, USVI (lookup tool http://hazards.actcoumcil.org) (D) Modify Section R301.2.4 as follows: Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2(1), and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with ASCE 24. (E) Modify Section R302.3 as follows: Section R302.3 Two-family dwellings. Dwelling units in two- family dwellings shall be separated from each other by wall and floor assemblies having not less than a 2-hour fire-resistance rating where tested in accordance with ASTM El 19, UL 263 or Section 703.3 of the International Building CBuilding Codeistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing. (F) Reserve Section R309.5 as follows: Section R309.5 Fire sprinklers. [Reserved.] (G) Modify Section R313 as follows: 1. Modify Section R313.1: Section R313.1 Townhouse fire resistance. Townhouses shall be provided with a common 2-hour fire-resistance-rated wall assembly tested in accordance with ASTM E119, UL 263. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 3Chapters 34 through 43ions of electrical outlet boxes shall be in accordance with Section R302.4. The fire-resistance-rated wall or wall assemblies separating townhouses shall be continuous from the foundation to the underside of the roof sheathing, deck or slab. The fire resistance rating shall apply to the full length of the wall or assembly, including wall extensions. Exception: Where automatic sprinkler systems are provided, the wall or wall assemblies separating townhouses shall have not less than a 1-hour fire-resistance rating tested in accordance with ASTM E119, UL 263. 2. Reserve Section R313.1.1 as follows: Section R313.1.1 Design and Installation. [Reserved.] 3. Reserve Section R313.2 as follows: Section R313.2 One-and two-family dwellings automatic fire sprinkler systems. [Reserved.] 4. Reserve Section R313.2.1 as follows: Section R313.2.1 Design and installation. [Reserved.] (H) Modify Section R322.1 as follows: Section R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas, including A or V Zones and Coastal A Zones, as established in Table R301.2(1), and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with ASCE 24. (I) Reserve Section R322.1.1 and all subsequent sections in Section R322 through Section R322.3.10 as follows: Section R322.1.1 Alternative provisions. [Reserved.] Section R322.1.2 Structural systems. [Reserved.] Section R322.1.3 Flood-resistant construction. [Reserved.] Section R322.1.4 Establishing the design flood elevation. [Reserved.] Section R322.1.4.1 Determination of design flood elevations. [Reserved.] Section R322.1.4.2 Determination of impacts. [Reserved.] Section R322.1.5 Lowest floor. [Reserved.] Section R322.1.6 Protection of mechanical, plumbing and electrical systems. [Reserved.] Section R322.1.7 Protection of water supply and sanitary sewage systems. [Reserved.] Section R322.1.8 Flood-resistant materials. [Reserved.] Section R322.1.9 Manufactured homes. [Reserved.] Section R322.1.10 As-built elevation documentation. [Reserved.] Section R322.2 Flood hazard areas (including A Zones). [Reserved.] Section R322.3 Coastal high-hazard areas (including V Zones and Coastal A Zones, where designated). [Reserved.] (4) Additional requirements for one- and two-family dwellings and townhouses. In addition to the requirements of the applicable building code, one-and two-family dwellings and town homes shall comply with the following: (A) Staged Construction. Where staged construction occurs and the duration of residential construction will exceed six months, or construction has been suspended for longer than six months, or where unfinished construction will be exposed to the environment for longer than six months, provisions shall be made for weathering protection of exposed materials (i.e., rebar, wood, etc.). When a permit renewal is requested, the architect or engineer of record shall demonstrate that any materials not protected from weathering that were exposed for longer than six months have maintained adequate strength. (B) Roof systems. Roof systems shall meet the more restrictive requirements in the latest edition of the Construction Information for a Stronger Home and the International Residential Code. In addition, the following conditions shall apply: 1. Corrugated metal roof panels shall meet the requirements of ASTM A792 Grade 50-B (aluminium zinc alloy), 24-guage minimum, 7/8" ribs at 2-5/8" on center. Factory-applied coating is optional. 2. At roof panel eaves and ridge/hips, pre-fabricated foam closures and sealant tape shall be provided. Sealant tape shall be provided at side laps. 3. Hip, ridge and rake flashings shall be the same material type and gauge as the roof panels. 4. Exposed fasteners for corrugated metal panels shall be #14 x 2-1/2" Long Stainless teel Self-Drilling Roofing Screw and minimum ½" diameter gasketed washer for attaching to nailers. Metal roof panel fasteners shall be 1 long for stitching panel side laps and attaching hip and ridge flashings. 5. All Pressure treated wood used under the metal roofing shall have Use Category of UC3A for above ground installation shall be manufactured in accordance with the American Wood Protection Association requirements. 6. Underlayment: Where corrugated metal roof systems are provided, self adhering modified bitumen complying with ASTM D1970 shall be provided under metal roof panels. 7. Rafters shall have a minimum nominal thickness of 3-inches (3x section). (C) Roof mounted solar panels. Where roof mounted solar panels are provided, the solar panels shall have a hail damage rating of VSH (very severe hail) in accordance with the latest edition of FM 4478, Roof Mounted Rigid Photovoltaic Modules. (D) Mechanically mounted rails or racks for solar panels. Mechanically anchored rails or racks for solar panels shall be specified. Ballasted racks or rails are not permitted. Racks and rails that are attached to the roof surface with adhesive are not permitted. (E) Gutters. Where external gutters are provided, gutter systems shall meet the requirements specified in the latest edition of ANSI/SPRI GT-1, Test Standard for Gutter Systems. (d) Energy Requirements. (1) International Energy Conservation Code. The International Energy Conservation Code, effective March 1, 2018, promulgated and published by the International Code Council, and any subsequent editions or amendments thereto, is adopted and incorporated by reference in the Virgin Islands BuildVirgin Islands Building Codeth, except as it is amended by the following provisions and any subsequent amendments adopted pursuant to section 292(h) of this chapter. Each subsequent edition of the International Energy Conservation Code shall become effective six months after publication. This code shall be applicable to every building and structure in the Virgin Islands. (2) International Energy Conservation Code Appendices. Appendices of the 4 International Energy Conservation Code are not adopted. (3) International Energy Conservation Code Amendments. The International Energy Conservation Code shall be amended as set forth in this section, where new text is shown underlined, deleted text is shown with strike-thru, and "Reserved" means the section is deleted in its entirety. Subsequent amendments may be adopted pursuant to section 292a 9 of this chapter. (A) In the ICC-Commercial Provisions, modify Section C302.1 as follows: Section C302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72ºF (22ºC) for 13 heating and minimum of 75ºF (24ºC) for cooling. (B) In the ICC-Commercial Provisions, reserve Section C406 as follows: Section C406. Additional Efficiency Package Options. [Reserved.] (C) In the ICC-Residential Provisions, reserve Section R401.2.1, item 7, as follows: Section R401.2.1 Tropical Zone 7. [Reserved.] (D) In the ICC-Residential Provisions, reserve Chapter 5 as follows: Chapter 5 [RE], Existing Buildings. [Reserved.] History: Added Apr. 11, 2024, No. 8818, § 2, Sess. L. 2024, p. -.

Unless otherwise noted by this section, terms defined in the codes and standards adopted in section 292a, including the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Mechanical Code, and Uniform Plumbing Code, shall have the meanings ascribed to them in those codes. Building official-Commissioner of Planning and Natural Resources. Rural area-Encompasses all population, housing, and land area not included within an urban area. Staged Construction - Residential construction that occurs either over a period of time longer than six months, or where construction is suspended temporarily for longer than six months, or where the building owner is living in one portion of the home while another portion, floor or level is under construction and exposed to the environment. Urban area-Comprises a densely settled core of census tracts and/or census blocks that meet minimum population density requirements, along with adjacent land area containing non-residential urban land uses as well as land area with low population density included to link outlying densely settled land area with the densely settled core. To qualify as an urban area, the land area identified according to criteria must encompass at least 2,500 people, at least 1,500 of which reside outside institutional group quarters. The U.S. Census Bureau identifies two types of urban areas: Urbanized Areas (UAs) of 50,000 or more people; Urban Clusters (UCs) of at least 2,500 and less than 50,000 people. Refer to the U.S. Census for definitions and terms related to urban area. History: Amended Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42; amended Apr. 11, 2024, No. 8818, § 3, Sess. L. 2024, p. -.

(a) Permits, requirements for exceptions. (1) After May 1, 1964, a permit issued by the Commissioner shall be required for the construction, reconstruction, structural alteration, enlargement, moving, conversion, or demolition of any building or structure, or appurtenances connected or attached to such buildings or structures. (2) Special building permits for a limited time must be obtained before the erection of temporary structures, including but not limited to, reviewing stands and booths. Such structures shall be completely removed upon the expiration of the period of time stated in the permit. (3) A permit issued by the Commissioner shall be required for the placing, erecting, construction, or affixing of any sign to any post, fence, building, or structure for out-of-doors advertising. No sign shall extend a distance of more than 15 inches beyond the street line. Any such sign shall be at least 8 feet in the clear above the level of the sidewalks. If, in the opinion of the Commissioner, any sign or sign structure becomes insecure, or otherwise unsafe, the owner thereof or the person maintaining such structure shall secure it to the satisfaction of the Commissioner after service of written notice by the Commissioner. (4) No building hereafter constructed, structurally altered, reconstructed, or enlarged in whole or part, shall be occupied or used until the Commissioner has made a final inspection thereof upon completion and has issued a Certificate of Use, stating the purpose for which the building or parts thereof may be used. (5) No permit shall be required for nonstructural alterations, such as renewal of carpentry or blacksmith work, plastering, replacement of windows, doors, siding, roof covering material, or floor covering material (of approximately equal weight to that being replaced); or for the erection, removal, or change of position of nonload bearing interior partitions in residential buildings provided that one or more additional dwellings are not made available by so doing and provided that the ventilation of the rooms is not adversely affected. (6) Any building, structure, or sign set up, erected, constructed, reconstructed, structurally altered, enlarged, moved, or converted contrary to the provisions of this subchapter is unlawful and a public nuisance. (b) Issuance of permits. After May 1, 1964, the issuance of permits shall be governed by the following provisions: (1) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless the building or structure conforms with the provisions of this chapter except that those applications already submitted prior to May 1, 1964, shall be processed as being subject to the previous code. (2) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless the electric wiring for the transmission of electric power or for lighting conforms in design and materials to the regulations for Electrical Wiring and Apparatus of the National Board of Fire Underwriters determined to be applicable under the rules and regulations referred to in section 312(b) of this title. (3) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless: (i) the plumbing system proposed conforms in design and materials to the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and pertinent rules and regulations issued by the Commissioner of Health and contained in sections 1404 -80 to 1404 - 94 and sections 1522 - 1 to 1522 - 122 of Title 19 of the Virgin Islands Rules and Regulations and, (ii) the pool, spa, and or Hot Tub, proposed conforms in design and materials to the most current edition of the Uniform Swimming Pool, Spa, and Hot Tub Code published by the International Association of Plumbing and Mechanical Officials. (4) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving or conversion of any building in whole or in part unless the permit application demonstrates sufficiently that the proposed building site will be reasonably safe from flooding. If a proposed building site is in an area or location known to be subject to the hazard of flooding, no permit shall issue unless the permit application and accompanying plans and specifications show that any proposed new construction or substantial improvement, including prefabricated and mobile homes, will be designed, or modified in such a way that it will be sufficiently anchored to prevent flotation, collapse or lateral movement, and that the construction materials and utility equipment are all resistant to flood damage, and that the methods of construction will minimize flood damage. (5) The issuance of a permit or the approval of plans and specifications shall not be a permit for, or an approval of, any violations of this chapter or any applicable portion of the Virgin Islands Code Virgin Islands Coden Islands Rules and Regulations. No permit presuming to give authority to violate the provisions of the Virgin Islands Code Virgin Islands Codeirgin Islands Rules and Regulations shall be valid, except in so far as the work or use which it authorizes is lawful. (6) The issuance of a permit shall not prevent the Commissioner from thereafter requiring the correction of errors in plans and specifications or from preventing the building operations being carried on thereunder when in violation of this chapter or other laws. (7) The requirements of the Virgin Islands Zoning and Subdivision Law, sections 221 - 242 of this title, the Sanitation Code, chapter 53 of Title 19, Virgin Islands Code, and chapters 5 and 7 of Title 6, Virgin Islands Code, and the rules and regulations provided for therein shall be conformed to. If the Commissioner finds that the undertaking covered in an application submitted under subsection (d) of this section complies in every respect with this chapter and with the applicable rules and regulations referred to in section 312(b) of this title and section 1401 of Title 19, and has been approved by the Director of the Virgin Islands Fire Service where required under Title 23, section 603a, and all other provisions of this Code or other law, he shall, within thirty (30) days after receipt of the application, issue a permit therefor; otherwise he shall notify the applicant that his application for a permit requires revision or has been rejected. Every permit issued by the Commissioner shall expire by limitation and become null and void if the building or the work is not commenced 120 days from the date of the issuance, or if the building or work is suspended or abandoned at any time after the work is commenced for a period of 3 years. An extension of time may be granted by the Commissioner. Before such work can be recommenced after the expiration of a permit, a new permit shall be first obtained and the fee charged therefor shall be one-half the amount required for a new permit, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded 3 years. When a building permit is issued, both sets of plans and specifications shall be stamped "Approved" and signed by the Commissioner. Such approved plans and specifications shall not be changed, modified, or altered without the permission of the Commissioner, and all work shall be done in accordance with the approved plans. One set of the approved plans, specifications, and other data shall be returned to the applicant upon payment of the balance of the permit fee. The applicant's approved set shall be readily available to inspectors at the site of the work and the permit shall be prominently displayed there. If through no fault of the owner, he finds it impossible to comply with the provisions of subsection (a) of this section and this subsection, the Commissioner, in his discretion, may waive any applicable requirement upon application of the owner. (c) Issuance of permits for use and occupancy. Upon completion of the work for which a building permit has been issued, and upon certification to the Commissioner that after inspection, the work performed under the permit conforms to the requirements of this chapter and other applicable laws, the Commissioner shall issue a Certificate of Use and Occupancy. (1) No permit of Certificate of Use and Occupancy shall be issued for any building that is hereafter constructed, reconstructed, enlarged, altered, or moved, in whole or in part, unless the building conforms to the provisions of this chapter with respect to the proposed use. (2) Temporary Certificates may be issued for portions of buildings considered habitable and safe. (3) No change of use or occupancy shall be made in a building unless such building conforms to the provisions of this chapter with respect to the proposed new use. If the use of only a portion of the building is changed and that portion is separated from the rest, then only such portion need be made to conform to the provisions of this chapter for the new use. (d) Application for permits. Applications shall be made by completing and submitting two copies each of application forms as furnished by the Department of Planning and Natural Resources. These forms shall require, and the applicant shall furnish thereon and therewith the following: (1) A general statement of the proposed work; (2) Location of the proposed work by plot number, estate, and quarter or house number, street, and quarter; (3) Use and occupancy of the proposed structure; (4) Names and mailing addresses of owner of structure, owner of plot, and applicant; (5) Names and addresses of all engineers, architects or contractors who will supervise the work, unless the work is exempt under section 298(a) of this title and the names and addresses of all subcontractors who will perform the work; (6) Receipt from the Department of Planning and Natural Resources showing that a nonrefundable deposit of $2 has been paid on the permit fee; (7) Other information which may reasonably be required by the Commissioner in order to enforce the provisions of this chapter and pertinent rules and regulations; (8) When the estimated value of the proposed construction exceeds $1,000, the application forms shall be accompanied by two sets of plans and specifications, and a separate set of plans and specifications shall be delivered to the Director of the Virgin Islands Fire Service for inspection for compliance with fire safety regulations pursuant to Title 23, section 603a of this Code. (e) Plans. Plans are required to make possible the checking of the proposed work for structural soundness and stability as to accepted engineering practice and to ascertain compliance with other requirements of this chapter, and other applicable laws, rules and regulations. Therefore, for all new construction and additions, the following shall be shown on the plans: (1) Plot plan to scale showing the location of existing structures on the same and on adjoining lots, the proposed structure, adjacent streets or roads, and existing and proposed septic tanks, seepage pits, and cisterns; (2) Dimensioned foundation plan showing size, location, and spacing of reinforcing steel; (3) Dimensioned floor plan with columns, plumbing fixtures, window and door openings, and stair wells located thereon. Wall thicknesses shall also be indicated on the floor plans; (4) Roof Plan. If roof is frame type; member sizes, species, grade, spacing and method of securing to walls should be shown. Type, thickness and layers of covering shall be specified. If roof is concrete, thickness, and reinforcing steel size, location, and spacing shall be shown; (5) Cistern plan (may be part of foundation, floor, and elevation plans): all dimensions; location and size of cistern overflow; size, spacing and location of all reinforcing steel shall be shown; (6) Sewage disposal system; (7) Plumbing system. Location and sizes of fixtures shall be shown; (8) Electrical system. Location and type of outlets shall be shown; (9) Identified, dimensioned section views of all typical structural members such as columns, column pads, footings, beams, cantilevers, and slabs showing size, spacing, and location of all reinforcing steel. If house is frame type, the stud size and spacing, thickness of covering materials, and method of securing wood frame to foundation shall be shown; (10) Front, rear and side elevations showing openings and sizes, flashing, present and finish grades, depths of footings, finish floor and ceiling heights; (11) For additions, the methods of securing the proposed construction to existing construction shall be shown; (12) For alterations, the drawings shall show the structural details of all items involved in the work including existing associated structural members. The proposed modification of the existing floor plan shall be shown and the requirements of items (2) through (9) shall apply for the part of the structure involved in or affected by the alteration; (13) All sheets of the drawings shall bear the name of the draftsman, engineer, architect or other person who prepared them; (14) The specific code and edition of the code on which the designs are based. (15) The design loads and other information pertinent to the structural design, including design data for wind, earthquake, and flood loads. (16) The Commissioner may require that computations and stress diagrams be submitted by the applicant where such are necessary to demonstrate the structural soundness of the proposed construction. (f) Revocation of permits. The Commissioner may revoke any permit issued under the provisions of this chapter whenever there has been any false statement or any misrepresentation as to a material fact in the application on which the permit was based, or whenever any permit has been issued in error and conditions are such that the permit should not have been issued, or at any time that the Commissioner finds that the provisions of this chapter are not being complied with. (g) No permit may be issued under this subchapter unless every sidewalk included in the permit application is designed and constructed as to allow physically disabled persons reasonable access thereto in conformity with section 329 of this chapter. (h) Expedited Building Permits. The Department of Planning and Natural Resources (DPNR) may offer expedited building permits for developers who request and pay for expedited processing. (1) The Commissioner shall establish a fee schedule for expedited building permits based on the complexity, scope, size of the project, and the urgency of the request. (2) The developer requesting the expedited permit must pay the entire plan review fee in full, and 75 percent of the total permit fee prior to the commencement of the expedited review process. The balance of the permit fee, subject to recalculation by DPNR, must be paid upon receipt of the permit. Payments for expedited permits will be collected by the DPNR and all fees collected will be allocated towards improving the efficiency of permit processing and related services. (3) DPNR shall provide a clear and transparent outline of the expedited permit fee structure, including specific rates for different types of development projects on the Department's official website. DPNR shall notify the public, including all interested developers, of any changes to the fee schedule. History: Amended Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; July 28, 1972, No. 3282, § 12, Sess. L. 1972, p. 259; Feb. 26, 1974, No. 3522, §§ 2, 3, Sess. L. 1974, p. 22; Sept. 15, 1975, No. 3732, § 1, Sess. L. 1975, p. 128; Dec. 9, 1982, No. 4774, § 5, Sess. L. 1982, p. 278; June 1, 1984, No. 4941, § 3, Sess. L. 1984, p. 142; June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42; Jan. 10, 2003, No. 6571, § 25, Sess. L. 2002, p. 601; May 3, 2010, No. 7168, § 8(a), (b), Sess. L. 2010, p. 62; amended Dec. 31, 2014, No. 7705, § 5(a), (b), Sess. L. 2014, p. 382; amended Dec. 31, 2014, No. 7710, § 11, Sess. L. 2014, p. 393; amended July 20, 2022, No. 8578, § 12, Sess. L. 2022, p. 157; amended Apr. 11, 2024, No. 8818, § 4, Sess. L. 2024, p. -; amended Nov. 25, 2025, No. 9065, § 1, Sess. L. 2025, p. -.

(a) It is unlawful for any person to construct a wireless facility or a wireless support structure or substantially modify an existing structure without an approved application issued by the Department in compliance with this section, in addition to the permit required in section 294 of this chapter, and compliance with the regulations promulgated by the Commissioner. (b) The Commissioner shall plan for and regulate the siting and construction of wireless support structures and the substantial modification of existing structures. (c) The Commissioner through regulations not inconsistent with this chapter, chapter 3 of this title and 47 USC151 et seq., The Communications Act of 1934, shall prescribe: (1) Application procedures for permits for construction of wireless facilities and support structures, the substantial modification of existing structures and special application procedures for temporary wireless facility permits not inconsistent; with this chapter; (2) Contents of applications, and terms and conditions of permits; (3) Procedures for revocation, suspension and modification of permits; (4) Procedures for removal of abandoned and discontinued wireless facilities and support structures after reasonable notice to owners; (5) Limitations on size of equipment shelters associated with wireless facilities or wireless support structures and heights of support structures; (6) Restrictions relating to construction of facilities in the areas of wetlands, established concentrations of migratory, or daily movement flyways and measures for protecting other sensitive habitats and protection from obstruction of scenic views; (7) Procedures for collocation of wireless facilities on existing structures, including, exemptions for application fees or other application requirements; (8) Requirements for owners of towers to conduct inspections; (9) Requirements for compliance of previously permitted towers; (10) Reasonable application and other administrative fees; (11) Such other procedures, requirements, limitations or restrictions considered necessary by the Commissioner. (d) The Commissioner shall by regulations require applicants for wireless support structures to provide a commercial surety bond, property bond proof of general liability insurance with a minimum single limit amount of $1,000,000, or other form of financial guarantee acceptable to the Commissioner on behalf of the Government, in such amount as the Commissioner through regulations may determine is sufficient to cover the costs of removal and disposal of the wireless support structure and components, if necessary. (e) Upon receipt of a completed application and all documentation required for a wireless support structure or substantial modification of an existing structure, the Department shall hold a public hearing on the application no later than 60 days after receipt of a completed application. The Commissioner through regulations shall establish procedures for notice of the hearing to and participation of adjoining property owners located within a distance of at least 500 feet from the proposed structure and the notice and the participation of the general public in the hearing, the contents of the notice sufficient to give the public information of the general purpose of the hearing and the time and place of the hearing, and other procedures necessary for conducting the hearing. (f) (1) Collocations or modifications that are not substantial, as defined in subsection (g), paragraph (2) may not be construed as an expansion, enlargement or increase in intensity of a non-conforming wireless facility or wireless support structure and use must be permitted through such administrative process, as considered appropriated by the Commissioner of Planning & Natural Resources. (2) For purposes of this section the term, "collocation", means the placement or installation of wireless facilities on an existing structure, including a Tower in a manner that negates the need to construct a wireless support structure. (g) (1) Substantial modification, as defined in paragraph (2) may beparagraph (2)n-conforming wireless facility or wireless support structure, pursuant to the regulations promulgated under this section. (2) Ordinary maintenance may be performed on wireless facilities and wireless support structures that do not meet the height or setback requirements of the regulations promulgated pursuant to this chapter. (A) increase the existing vertical height of an existing structure by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or (B) involve adding an appurtenance to the body of a existing structure that would protrude horizontally from the edge of the existing structure more than 20 feet, or more than the width of the existing structure at the level of the appurtenance, whichever is greater, except where necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure via cable. (3) As used in this section "substantial modification" means, changes to an existing structure for the purpose of placing or rearranging wireless facilities which would: (h) To ensure the Virgin Islands continue to provide its citizens with the best available technology for responding to emergencies and to allow for better protection of lives and property, the Virgin Islands 911 System and other emergency alert systems must be positioned on wireless facilities that contain the best available technology and positioning must occur at minimal cost to the government. History: Added Oct. 7, 2011, No. 7299, § 3, Sess. L. 2011, pp. 174-177.

(a) Any person who feels that an injustice has been done him by any order, rule, or regulation of the Commissioner of Planning and Natural Resources or the Commissioner of Health issued under the authority provided in this Code may appeal therefrom to the Board of Land Use Appeals by filing a written notice of his appeal with the Board within thirty (30) days after receipt of the order or ruling complained of. Appeals may be taken from any decision or action: (1) Approving or disapproving the mode or manner of construction proposed to be followed; (2) Approving or disapproving the materials to be used in the erection or alteration of a building or structure; (3) When it is claimed that the provisions of the Code do not apply; (4) When an equally good or more desirable form of construction than the one required by the permit official can be employed in a specific case; (5) When it is claimed that the true intent and meaning of this Code or of some of its provisions have been misconstrued or wrongly interpreted; (6) When it is claimed that there are special extraordinary circumstances in the case which justify variances from the requirements established in this Code. (b) Board of Land Use Appeals (1) In addition to any other powers vested in the Board of Land Use Appeals, said Board shall have the power to hear and decide appeals made against any order, rule or regulation, action or decision made by the Commissioner of Planning and Natural Resources and/or the Commissioner of Health in the enforcement or interpretation of the Building Code. (2) The Board shall hold Building Codeing in cases of appeal with due notification to the interested parties. (3) The Board may, in conformity with the provisions of this section, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and may grant variances in the application of any of the provisions of this chapter to any particular case when, in its opinion, the strict enforcement thereof would be contrary to the spirit and purpose of this chapter, or to the public interest. (4) When the Board reaches a decision granting a variance from the application of any of the provisions of this chapter or modifying an order of the Commissioner, the Board shall express in the corresponding resolution in what manner such variance or modification is to be made, the conditions on which the decision was made, and the reasons therefor. Copies of such resolution shall be delivered to the Commissioner and the person or parties making the appeal. (5) Action by the Board of appeals shall be taken within thirty (30) days of the receipt of such appeals. (6) The decisions of the Board shall be subject to review by a court of competent jurisdiction of the Virgin Islands provided an appeal is filed within 45 days of receipt of the decision from the Board. (c) Terms of effectiveness of the decisions of the Board (1) Every decision of the Board by which the construction of any undertaking is authorized shall expire and remain without any effect or value if a proper application for a permit for the work is not made within a period of 180 days after the date of such decisions. (2) Such decision shall likewise lose its effect and value, together with the permit issued for the work in question, if the work is not commenced within a period of 120 days after the date on which the permit was issued. (3) Such decision and permit will also lose its effect and value if the construction is not completed within 360 days after it was commenced unless an extension of time has been requested of and granted by the Commissioner. History: Amended Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42.

(a) The Commissioner shall establish and maintain a schedule for commercial and residential, fees for permits, surveys, licenses for surveyors, and the location of bound posts shall be as specified in the rules and regulations referred to in section 312 of this title. No changes in such fees shall be made by the Commissioner without the approval of the Governor and the Legislature. (b) Fees are payable at the Department of Planning and Natural Resources as follows: (1) A nonrefundable deposit of $40/commercial and $20/residential at the time of filing the application for all permits. (2) Balance on the approval of the plans and the issuance of a permit. (3) Fees are not refundable if construction is not started or completed, or if the permit is unclaimed, or is revoked for cause by the Commissioner. (c) Three percent of all fees collected for permitting under this section must be deposited into the Department's Reclamation Fund to he used exclusively to maintain and upgrade the electronic permitting system. (d) Any person who fails to secure a permit or certificate under this chapter or regulation, fails to pay the permit or certificate fee, or violates any provision of any permit or certificate issued under this chapter or regulation shall be subject to a civil penalty of $1500 per day per violation. (e) Civil penalties charged pursuant to subsection (g) of this section may be assessed administratively by the Commissioner of Planning and Natural Resources if the person charged has been given an opportunity to have a hearing, and findings of fact and conclusions of law are made before the civil penalties are imposed. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42; June 17, 1993, No. 5866, § 3, Sess. L. 1993, p. 100; Oct. 31, 1998, No. 6269, § 7(a), Sess. L. 1998, p. 446; May 2, 2001, No. 6403, § 2, Sess. L. 2001, p. 21; Aug. 7, 2001, No. 6425, § 3, Sess. L. 2001, p. 137; Nov. 23, 2004, No. 6697, §§ 1(d)-(m), Sess. L. 2004, pp. 231-232; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; Oct. 7, 2011, No. 7299, § 4(a)(1)-(3), Sess. L. 2011, p. 177; amended May 19, 2021, No. 8444, § 3(a)(1), (2), (b), (c), (d), Sess. L. 2021, p. 8; amended Apr. 11, 2024, No. 8818, § 5, Sess. L. 2024, p. -.

(a) The Commissioner or his authorized representatives may for the purpose of performing their official duties under this chapter enter and inspect any building or structure or any part thereof, including plumbing and wiring for light or power, any enclosure, or any premises at all reasonable hours; but no forcible entry shall be attempted or made without due process of law. (b) All violations of this chapter or of any rules and regulations referred to in section 312 of this title shall be remedied by the owner or his agent before a Use and Occupancy Certificate is issued. (c) The Commissioner shall make, when deemed necessary by him, an inspection of materials at the point of manufacture or fabrication. If deemed convenient and necessary by him, he may require tests of the quality of the materials. (d) The Commissioner, or inspectors appointed by him, shall have free access to any construction undertaken in the Virgin Islands. Upon notice that work is being done in an illegal or faulty manner, or contrary to the terms of the application, or of the permit issued, the Commissioner shall order the immediate stoppage of the corresponding part of the construction until the illegal or faulty condition is corrected. (e) Upon the start of construction for which a permit has been issued, the owner or his authorized agent is obliged to so notify the Commissioner so that the Commissioner may schedule the inspections that may be deemed necessary for the effective enforcement of the provisions of this chapter. In addition, the owner or his authorized agent shall notify the Commissioner when various parts of the work are ready for inspection. (f) Any building or other structure or part thereof deemed by the Commissioner to be in a dangerous or unsafe condition from any cause whatsoever, including partial destruction by fire or natural disaster, shall be made safe and secure or shall be vacated and closed or shall be taken down by the owner or his agent as the Commissioner may direct on service of a written notice by the Commissioner as set forth in such notice and within the period named therein. Such order shall not be arbitrary and shall state the specific danger involved. If considered necessary in order to protect life and property, the Commissioner may require that any building be vacated at once and temporarily close the sidewalks and streets adjacent thereto. (g) Whoever, having been ordered by the Commissioner or, upon the Commissioner's instructions, by a police officer, under the authority of this title, to vacate a building, refuses to do so, shall be fined not more than $200 or imprisoned for not more than one year, or both. (h) Paragraphs (f) and (g) of this section shall not be construed as relieving the owner of the property referred to in such paragraphs, or his agent, from liability because of accident or loss occurring after service by the Commissioner of the notice referred to in paragraph (f). (i) If the owner of a building or other structure shall fail to comply within the stated time with a written notice issued by the Commissioner pursuant to subsection (f) directing that the building or structure shall be taken down, the Commissioner may cause the building or other structure to be demolished and removed by the Government of the Virgin Islands. In such event, the Commissioner shall by certified mail, return receipt requested, demand that the owner pay within sixty days the reasonable costs of demolition and removal. If the costs assessed by the Commissioner are not paid within the sixty-day period, the amount due shall be a lien in favor of the Government of the Virgin Islands upon the real property on which the building or other structure was located, and the amount due may be collected by seizure and sale of the property. (j) The Commissioner shall maintain accurate records of inspections made, of notices issued, and of actions taken by builders and owners pursuant to notices resulting from inspections. A separate record shall be maintained of all demolitions classified by former use and occupancy. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended Dec. 30, 1976, No. 3926, § 2, Sess. L. 1976, p. 256.

(a) The construction of every new building shall be made under the supervision of an engineer, architect or contractor duly authorized to practice his profession in the Virgin Islands, provided, however, that such supervision is optional on the part of the owner of the building in the following cases: (1) Wood frame building. (2) Dwellings of less than three stories. (3) Business buildings of less than two stories except factories. (4) Stores and public buildings of less than two stories in height and having a capacity of less than 100 persons. (5) Government buildings where generally continuous inspection during construction is performed by Government Personnel. (b) Upon completion of the work, the engineer, architect or contractor under whose supervision it was undertaken, shall submit to the Commissioner a certificate stating that such work was done under his supervision and that in its construction all the provisions of the Building Code and of the building permit issued for that work were complied with. (c) The above mentioned certificate and copies of the record of the supervision shall be a requisite for the issuance of the Certificate of Use and Occupancy for such building or structure. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95.

After May 1, 1964, no permit for the building or use of any structure for residential occupancy shall be issued unless the structure to be constructed, reconstructed, enlarged, altered, or converted conforms in its design and facilities to the applicable requirements of the Building code and following requirements: (a) Minimum requirements for health and sanitation (1) Each dwelling unit shall contain a plumbing system connected to a potable water supply and to an adequate and safe water carriage system connected to a public sewer or other approved sewerage disposal system, except that water closets may be salt-water flushed. (2) Each dwelling unit shall contain at least a kitchen sink, lavatory, water closet, and a tub or shower. These required plumbing fixtures shall be located within the dwelling unit and be accessible to all occupants of the dwelling unit. The water closet and tub or shower shall be designed and located so as to afford privacy to the user. (3) Each rooming house shall contain at least one lavatory, one water closet, and one tub or shower for each five (5) rooms or ten (10) occupants of the rooming house. These required plumbing fixtures shall be located within the rooming house and shall be accessible to the occupants of the rooming unit without requiring passage through a rooming unit or requiring passage outside the building, and shall be so designed and located as to afford privacy to the user. (4) All fixtures, piping, and sewerage system and the installations thereof shall meet the requirements of this chapter, and/or Chapters 53 and 55 oChapters 53 and 55 of Title 19egulations issued pursuant to the authority granted in Titles 19 and 29. (5) Every foundation wall, exterior wall, and roof shall be so designed and constructed as to be weathertight, and capable of supporting required design loads. (6) Every floor, interior wall, and ceiling shall be so designed as to be capable of supporting required design loads. (b) Minimum requirements for light and ventilation (1) Every dwelling unit and rooming unit shall be wired for electric lights and convenience outlets with service connected thereto. There shall be installed at least one circuit for each 500 square feet of floor area and with a minimum of two circuits per dwelling unit and one per rooming unit. Light fixtures shall be installed in all rooms except that switch operated convenience outlets may be submitted in bedrooms and living rooms. Every public hall and stairway in multiple dwelling units and rooming houses shall be adequately lighted at all times. (2) Two duplex convenience outlets shall be installed in every habitable room except that only one shall be required in dining rooms and a total of three shall be required in each room where a switch- operated outlet is installed in lieu of a light fixture. (3) All fixtures, receptacles, equipment, and wiring shall be installed in accordance with the applicable rules and regulations authorized by this chapter. (4) Wherever structurally possible, each habitable room shall have at least one window or skylight facing directly on the outdoors. The minimum total window or skylight area in each such room shall be fifteen (15) percent of the floor area of the room. Where a light-obstructing wall or other structure faces a window of any such room and is located within five (5) feet of the window and extends to a level above the ceiling of the rooms, such a window shall not be included as contributing to the required window area. (5) Every habitable room shall have at least one window or skylight which can be easily opened or such other devices as will adequately ventilate the room. The total openable window or skylight area shall equal at least eight (8) percent of the floor area of the room. If mechanical ventilation is provided, the system shall provide at least one cubic foot of fresh air per minute per square foot of floor area. (6) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that the total minimum window or skylight area in each such room shall be not less than ten (10) percent of the floor area of the room, and except that artificial light and mechanical ventilation may be substituted for windows or skylight. Mechanical ventilation shall be such as to provide a twenty-four (24) cubic feet per minute air change and such system shall be wired to operate in parallel with the light switch. (c) Minimum requirements for dwelling size and room size (1) Every dwelling unit shall have at least 150 square feet of habitable floor area (not including kitchens, kitchenettes, bathrooms, water closet compartments, halls, or foyers). If the plans indicate that the dwelling unit is to be occupied by more than one person, then the space requirements set forth in section 333(d) of section 29le will be controlling. (2) Every habitable room, other than bedrooms, shall have at least 75 square feet of habitable floor area. (3) The minimum floor area requirements, exclusive of closets, for bedrooms shall be 100 square feet for the first bedroom, and 75 square feet for each additional bedroom. (4) Each bathroom shall be of adequate size for water closet, lavatory, and tub or shower. Arrangement of fixtures shall provide for comfortable use of each fixture and permit at least 90 degrees of floor swing. Where a water closet compartment is provided, the size of the bathroom can be reduced accordingly. (5) All habitable rooms, including bedrooms, shall have a minimum clear ceiling height of eight feet. (6) Measurements shall be based upon distances between finish floor surface and rough ceiling surface and between rough wall or rough partition surfaces. (d) Jalousie Style Windows and Openings (1) Jalousie style windows shall meet the requirements of the applicable sections of the Building Building Codeed windows or jalousies, specifically but not limited to International Residential Code Section R308.2 and International Building Code Section 2403.5. (2) Jalousie style windows and openings, including those with glazing and metal style louvers, shall meet the applicable sections of the Building CBuilding Codeency Escape and Rescue Openings, specifically International Residential Code Section R310 and International Building Code Section 1030. (3) Jalousie style windows and openings with glazing shall meet the applicable sections of the Building Code for windborne debris protection and protection of openings, specifically International Residential Code Section R609.6 and International Building Code Section 1609.2. (e) The requirements of this subchapter shall not apply to owner occupied dwellings located in rural areas having a floor area of less than 600 square feet. Rural areas are defined in Section 293 of this chapter. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended Apr. 11, 2024, No. 8818, § 6, Sess. L. 2024, p. -.

When an excavation is to be made to any depth whatsoever, the architect, engineer, contractor or other person causing the excavation to be made shall make sure that all the necessary precautions are taken to protect the adjoining property against any damage and shall, when necessary, provide adequate shoring and/or underpinning. The backfill shall be properly compacted in order to prevent lateral displacements of the soil of the adjoining properties after the removal of the shoring or other protections used during the performance of the excavation work. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95.

(a) General requirements. Foundation walls or other permanent supports shall rest on solid ground or on piles when solid earth or rock is not found. Such foundation walls shall not be required in one-story buildings if the floor area does not exceed 750 square feet and the buildings are of wood frame construction. Wood foundation shall be designed in accordance with accepted engineering practice. Footings shall consist of masonry or reinforced concrete. Where metal is incorporated in or forms part of a foundation, except reinforcements in concrete, it shall be protected from rust by paint, asphalt, or concrete. (b) Bearing capacity of soil. Whenever the Department of Planning and Natural Resources, upon inspection of the site deems it necessary to establish the assumed bearing capacity of the soil, applications for building permits for the construction of a permanent structure or for the alteration of a permanent structure involving an increase in load on the foundation shall be accompanied by a statement from the designer as to the type of soil on which the foundation will rest and the assumed bearing capacity of this soil. (c) Soil bearing values. Footings shall be designed so that the maximum allowable pressure on the supporting soil shall not exceed the values as set forth in the following table: Soil Bearing Values Type of Soil Tons per Square Foot Clay, soft 1.0 Clay, medium soft 2.0 Sand, fine loose (if confined) 1.0 Sand, coarse, loose; compact fine sand; loose sand and gravel mixture 2.0 Gravel, loose; compact coarse sand 3.0 Sand-gravel mixture, compact 6.0 Hardpan and exceptionally compacted or partially cemented gravel 10.0 Sedimentary rocks such as shales, sandstone 15.0 Foliated rocks, bedded limestone schist or slate 40.0 Massive bedded rocks, granite 100.0 (d) Variation in the types of soil. Where footings are supported by soils of widely different bearing capacity, the allowable bearing value of the more yielding soil shall be reduced or special provisions made in the design to prevent serious differential settlements. (e) Footing design. Footings shall be so designed that the pressure on the soil per unit of area shall be so far as possible uniform under all parts of the building or structure. The area of footings shall be in proportion to the full dead loads, including the weight of the footings. In no case shall the dead loads plus the live loads cause a pressure under the footing exceeding the permissible soil bearing capacity. (f) Foundation walls. Foundation walls shall be of adequate strength and thickness to resist lateral pressures from adjacent earth and to support their vertical loads, but the thickness shall not be less than the actual thickness of walls supported by them. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42; amended Apr. 11, 2024, No. 8818, § 7, Sess. L. 2024, p. -.

(a) General. After May 1, 1964, no building commercial developments shall be constructed, enlarged, or moved unless the owner thereof shall make provision for self-sustaining water supply system, except such systems shall not be required for commercial developments, dwellings and single unit apartments with connected access to the portable water system. This system shall consist of a well or rainwater collection area and cistern. (b) Cistern capacity. (1) Cisterns for dwellings, apartments and hotels shall have a minimum usable capacity of 10 gallons for each square foot of roof area for buildings of one story and 15 gallons for each square foot of roof area for buildings of two or more stories. If a dwelling shall have access to the potable water system and is verified by appropriate WAPA officials and service is installed, no cistern will be required. (2) All other buildings shall have cisterns with a minimum usable capacity of 4 ½ gallons for each square foot of roof area except that churches and warehouses shall not be required to conform to this standard. If at any time buildings formerly used for churches and warehouses are converted to other uses compliance shall be required. (3) Where a building has combined occupancy, such as apartment and store, required cistern capacity shall be 10 gallons for each square foot of roof area. (4) One cistern may serve several buildings provided that its capacity is at least equal to the sum of the minimum required capacities for each building according to its use and provided the cistern is not used for a fire sprinkler system. (5) Where fire sprinklers are provided, the cistern shall meet the requirements for water supply provided in Chapter 6, NFPA 13D Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes. (c) Cisterns-Specifications. (1) Cisterns shall be constructed of metal, masonry, concrete or other materials approved by the Commissioner and be maintained in a watertight and mosquito and rodent proof condition at all times. Metal cisterns shall be placed above ground level unless approved for underground installation in the building permit. (2) Cisterns shall be located at a point free from flooding. (3) An overflow of cross-section area at least equal to the combined cross-section areas of all inlets shall be provided on each cistern. (4) Cisterns used for potable water shall meet the following individual water supply requirements for water quality, disinfection of system, and pumps. (i) Water from an individual water supply shall be approved by the Commissioner prior to connection to the plumbing system. (ii) After construction, the new potable water supply system shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to "on-site" or "in-plant" fabrication of a system or to a modular portion of a system. (1) The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet. (2) The system or part thereof shall be filled with a water/chlorine solution containing not less than 50 parts per million (50 mg/L) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution containing not less than 200 parts per million (200 mg/L) of chlorine and allowed to stand for 3 hours. (3) Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system. (4) The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. (iii) Pumps shall be rated for the transport of potable water. Pumps in an individual water supply system shall be constructed and installed so as to prevent contamination from entering a potable water supply through the pump units. Pumps shall be sealed to the well casing or covered with a water-tight seal. Pumps shall be designed to maintain a prime and installed such that ready access is provided to the pump parts of the entire assembly for repairs. The pump room or enclosure around a well pump shall be drained. (d) Gutters and downspouts. Adequate gutters and downspouts shall be installed on all buildings for conducting water into cisterns. Gutters and downspouts shall be kept in good repair and free of dirt and debris at all times. Gutters and downspouts installed for conducting water into cisterns shall meet all requirements in the applicable codes and standards referenced in this chapter, specifically the capability to resist the wind loads. (e) Wells. (1) Wells used for potable water shall meet the individual water supply requirements for water quantity, disinfection of system and pumps referred to in Section 308 (c)(4). (2) Where fire sprinklers are provided, the well shall meet the requirements for water supply provided in Chapter 6, NFPA 13D Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes (3) A well supplying a safe, palatable, continuously adequate water supply may be used in lieu of a cistern. Such a well shall be dug and its compliance with the above requirements demonstrated to the Commissioner before a permit may be issued for the construction of a building without a cistern. The Department of Health shall certify as to the safety of the water for drinking purposes. (4) One cistern may serve several buildings provided that its capacity is at least equal to the sum of the minimum required capacities for each building according to its use and provided the cistern is not used for a fire sprinkler system. (5) If at any time after approval, the well shall no longer furnish a safe, palatable, and continuously adequate water supply, the owner of the building shall build a cistern of capacity as elsewhere specified in this chapter. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended Feb. 21, 1996, No. 6092, § 30, Sess. L. 1996, p. 8; July 18, 1996, No. 6115, §§ 10(a), 10(b), Sess. L. 1996, p. 84; Oct. 11, 2008, No. 7028, § 5, Sess. L. 2008, p. 375; amended Apr. 11, 2024, No. 8818, § 8, Sess. L. 2024, p. -.

Effective July 1, 1973, no public housing project of 30 units or more shall be undertaken in the Virgin Islands unless the plans therefor include plans and specifications for the installation of sufficient waterlines and fire hydrants within such housing project as shall be approved by the Commissioner as sufficient for fire prevention purposes. The water line and fire hydrants shall meet the applicable provisions of the International Fire Code; NFPA 1 Fire Code; and NFPA 14 Standard for the Installation of Standpipe and Hose Systems. History: Added Feb. 8, 1973, No. 3366, Sess. L. 1972, p. 563; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Apr. 11, 2024, No. 8818, § 9, Sess. L. 2024, p. -.

General. After May 1, 1964, the provisions of this chapter shall not apply to existing buildings except as follows: (1) If changes or alterations, costing in excess of 50 percent of the then value of the building, are made to an existing building, as determined by the Commissioner, such building shall be made to conform to the requirements of this chapter for new construction. (2) If the damages to an existing building, by fire or other causes, exceed 50 percent of its then value as determined by the Commissioner, in repairing such damages it shall be made to conform in its entirety to the requirements of this chapter for new construction. (3) If the cost of such changes or alterations or the amount of such damage indicated in the preceding sections is more than 25 percent but not more than 50 percent of the then value of the building as determined by the Commissioner, then only the portions to be changed or altered shall be made to conform to the requirements of this chapter for new construction. (4) If the cost of such changes or alterations, or the amount of such damage indicated in the preceding sections is less than 25 percent of the then value of the building as determined by the Commissioner, minor structural changes and alterations may be made using materials which have the same strength and fire resistance as the materials of which the building is made. (5) Alterations and changes which are not of structural character may be undertaken using materials which have the same strength and fire resistance as the materials of which the building or structure is made. (6) No existing building shall be moved from one location to another unless such building is reconstructed or altered so that it will conform to the requirements of this chapter. (7) The provisions of this subchapter shall not apply to structures whose assessed value is less than $1,500. (8) Notwithstanding the provisions of any other law, any other section of this chapter, and or any other subsection of this section, reconstruction or repair of all damages to existing buildings or structures caused by natural disasters including, but not limited to, hurricanes, windstorms, rainstorms, earthquakes, tornadoes, and monsoons, which are considered total destruction of a building or structure as determined by the Commissioner, or his designee, costing in excess of fifty percent of the then value of the building or structure, as determined by the Commissioner, or his designee, and/or, any damage to existing buildings or structures substantially affecting the structural integrity of any building or structure, including but not limited to roofing, foundations, foundation walls, other permanent supports and footings, which make the building or structure unsafe or unfit for occupancy, as determined by the Commissioner, or his designee, shall be in conformance with the applicable standardized codes, or portions thereof, as provided in sections 292a of this chapter. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended Nov. 9, 1995, No. 6087, § 6, Sess. L. 1995, p. 234; amended Apr. 11, 2024, No. 8818, § 10, Sess. L. 2024, p. -.

History: Repealed. Apr. 11, 2024, No. 8818, § 11(b), Sess. L. 2024, p. -.

(a) Except as otherwise provided in this chapter, the Commissioner shall administer and enforce the provisions of this chapter and the decisions of the Board of Zoning, Subdivision and Building Appeals rendered on the subject matter of this chapter. (b) After notice and hearing, the Commissioner shall promulgate regulations pursuant to title 3 Virgin Islands Code chapter 35 to carry out the purpose of this chapter, including regulations governing the construction, reconstruction, alteration, maintenance, use and occupancy, safety, electrical, mechanical, and plumbing equipment, wireless facilities, inspection of buildings and structures in the Territory, and reasonable administrative fees. (c) In the administration of this chapter the Commissioner shall require compliance with the Fire Prevention Code set out in Chapter 9 of Title 23 and the regulations of the Police Commissioner issued thereunder. (d) In the administration of this chapter the Commissioner shall require compliance with the relevant provisions of Chapters 53 and 55 of Title 19, Virgin Islands Code, and the rules and regulations of the Commissioner of Health issued thereunder. (e) Any person who has been served written notice of a violation of the provisions of this chapter by the Commissioner and shall have been ordered in writing to comply with the same, shall be allowed a period of forty-five (45) days to comply with the order of the Commissioner. Whoever having been so notified and shall have wilfully failed to comply with said order shall upon conviction of the same be fined not more than $500. Each day of wilful violation after such conviction shall constitute a separate offense and shall be punishable by the same fine. (f) The Attorney General shall prosecute all actions required for the enforcement of provisions of this chapter. (g) In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or structure is used in violation of this chapter, the Attorney General, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action, to restrain, correct, or abate such violation or to prevent the occupancy or use of the building or structure or any illegal act or use in and about such premises. (h) [Deleted.] (i) The Commissioner may advise, consult, cooperate, contract and enter into agreements, subject to all applicable Virgin Islands procurement statutes, with agencies of the federal and territorial governments, interstate agencies and with other persons, as necessary to carry out the purposes of this chapter. History: Added Apr. 1, 1964, No. 1142, Sess. L. 1964, p. 95; amended Mar. 1, 1965, No. 1316, Sess. L. 1965, Pt. I, p. 33; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Nov. 23, 2004, No. 6697, §§ 1(s), 1(t), Sess. L. 2004, p. 233; Oct. 7, 2011, No. 7299, § 4(b)(1)-(3), Sess. L. 2011, pp. 177, 178.

As used in this chapter, unless the context otherwise requires: (a) "Access" means the physical characteristics of a place which allows persons with functional limitations caused by impairments of sight, hearing, coordination or perception or persons with semiambulatory or nonambulatory disabilities to enter, circulate within and leave a public building and to use the public toilet facilities therein without assistance. (b) "Public building" means any structure erected to provide access thereto or egress therefrom by members of the general public for any purpose, when any portion of said structure is constructed or remodeled by or for the purpose of sale or lease to the Government of the Virgin Islands or any agency or instrumentality thereof, independent or otherwise. Only those portions of such buildings as are actually occupied or intended for occupancy by the Government of the Virgin Islands or any of its said agencies or instrumentalities need be so constructed or remodeled as to comply with the provisions of this chapter. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 18.

The Governor shall by executive order provide minimum requirements to facilitate the use of public buildings by physically disabled persons where traffic might reasonably be expected by such persons. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 19; amended June 24, 1987 No. 5265, § 303(o), Sess. L. 1987, p. 42.

(a) Any public building, the initial construction of which is commenced after July 1, 1978, shall be so designed and constructed as to provide reasonable means of ingress and egress by the physically disabled, with the exception of: (1) jails or other places of detention; (2) garages, hangars, and boathouses; (3) all buildings which are hazardous for occupation by members of the general public, including electric power generating facilities, water treatment facilities and such other facilities as may be so classified by regulation of the Police Commissioner; (4) warehouses; and (5) buildings specifically constructed for field service purposes. (b) The requirements of subsection (a) of this section may be accomplished by at least one ground or street level entrance and exit without steps, by ramps with slopes not more than one foot of rise in 12 feet, coated with a non-skid surface, or by elevator or such other arrangements as may be reasonably appropriate under the circumstances and which meet with the approval of the Commissioner of Planning and Natural Resources. The doors of such entrance and exit must have a clear opening of at least 40 inches in width and shall otherwise conform to the building code requirements contained in chapter 5 of this title. (c) If any ground or street level entrance or exit is not so designed or constructed, a sign shall be placed at such entrance or exit indicating the location of the entrance or exit available for wheelchair service. (d) The Commissioner of Planning and Natural Resources shall promulgate regulations to establish minimum standards to ensure the access to and use of public buildings contemplated by and not excepted from the requirements of this section. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 19; amended June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Any public building subject to the provisions of section 323 of this chapter, shall be so designed and constructed to allow physically disabled persons reasonable means of access from a parking lot, if any, ancillary to such building. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 19.

The owner of any building who fails to meet the requirements of this section may be required to reconstruct the same by mandatory injunction in a court suit brought by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursement plus each actual attorney fees as may be allowed by the court. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 20.

(a) Every public building, except those enumerated in section 323(a)(1)-(5) of this title, the construction of which is commenced after July 1, 1978, on each floor that is accessible to disabled persons, including persons in wheelchairs, which has public toilets shall have: (1) all public toilet rooms and at least one toilet compartment therein so designed and constructed that they will be suitable for entry and use by handicapped persons, including persons in wheelchairs; (2) the toilet compartment specified in paragraphparagraph (1)subsection so designed and constructed as to allow sufficient space between the entrance of the compartment and adjacent furniture, fixtures or walls to permit the compartment door to open at least 95 degrees and to allow a person in a wheelchair ample room to readily maneuver himself or the wheelchair into the compartment; and (3) at least one lavatory, sink, mirror and towel dispenser or hand drier in each public toilet room accessible to a disabled person, including a person in a wheelchair, if such item is provided for persons who are not disabled. (b) Within 90 days after February 24, 1978, the Commissioner of Planning and Natural Resources shall promulgate regulations regarding specifications to effect the requirements of subsection (a) of this section. In adopting said regulations, the Commissioner shall be guided by the specifications established in the most current revision of "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", published by the American Standards Association, New York, New York. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 20; amended June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42.

(a) As used in this section, "remodeling" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems. (b) If more than 50% of the interior square footage of a public building is to undergo proposed remodeling, the entire building shall be made to conform to the provisions, including regulations, of section 323 of this title, notwithstanding the date upon which construction of said building was initially completed and notwithstanding any other provision of this chapter or regulations promulgated pursuant thereto. (c) If between 25% and 50% of the interior square footage of a public building is to undergo proposed remodeling, that part of the building which is to be remodeled shall conform to the provisions, including regulations, of section 323 of this title, notwithstanding the date of completion of the initial construction of said building and notwithstanding any other provision of this chapter or regulations issued pursuant thereto. (d) If less than 25% of the interior square footage of a public building is to undergo proposed remodeling, the remodeling is not subject to the provisions, including regulations, of section 323 of this title unless the alteration involves work on doors, entrances, exits or public toilet rooms, in which case such doors, entrances, exits or public toilet rooms shall be made to conform to said provisions and regulations, notwithstanding the date of completion of the initial construction of said building and notwithstanding any other provision of this chapter or regulations issued pursuant thereto. (e) If remodeling is undertaken pursuant to a plan whereby the project is done in stages which, taken together, total one of the applicable interior square footage percentages specified in this section, the appropriate subsection shall be complied with in undertaking the remodeling effort. (f) In the case of remodeling in a building having mechanical vertical transportation with adequate elevator openings to meet disabled requirements: (1) If the building has 3 floors or less, accessible toilet room accommodations for each sex shall be provided for the disabled on at least one floor. (2) If the building has more than 3 floors, accessible toilet room accommodations for each sex shall be provided for the disabled on at least two floors. (g) The owner of any public building who fails to comply with this section may be compelled to meet its requirements in a court suit by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursements plus such actual attorney fees as may be allowed by the court. (h) Each toilet room accommodation provided for disabled persons as required under this section shall be identified on its entrance as a disabled accommodation, and directions to such accommodations shall appear at the building's primary entrance. History: Added Feb. 24, 1978, No. 4096, Sess. L. 1978, p. 20.

The Commissioner of Planning and Natural Resources shall exempt from the requirements of this chapter those historic buildings for which the access provisions would constitute a threat to the historic or architectural integrity of the property; provided, that alternative provisions for access to the property (or the use of the facility involved) are made for the public and staff with semiambulatory and ambulatory disabilities and that the building itself is made fully accessible to individuals with other disabilities or impairments. History: Added July 7, 1981, No. 4580, Sess. L. 1981, p. 75; amended June 24, 1987, No. 5265, § 303(a), Sess. L. 1987, p. 42.

All sidewalks constructed within the Virgin Islands shall be so designed and constructed as to allow physically disabled persons reasonable access thereto. History: Added June 1, 1984, No. 4941, § 1, Sess. L. 1984, p. 142.

This chapter and the regulations issued pursuant to the authority hereinafter granted by this chapter shall be known and referred to as the Virgin Islands Housing Code. History: Added Apr. 1, 1964, No. 1126, Sess. L. 1964, p. 70, eff. May 1, 1964.

(a) The purpose of this chapter is to promote public safety, health and general welfare through the establishment and enforcement of minimum standards of occupancy, sanitation, light and ventilation, and safety to life and property incident to the use and occupancy of places of residence. (b) Application (1) General-The provisions of this chapter shall apply to the maintenance of all dwellings, hotels, apartment houses, apartments and rooming houses; that is, to any building or part thereof used as a place of residence and shall include any appurtenances belonging thereto or usually enjoyed therewith. This chapter does not cover the occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable, or other care or treatment, or by persons involuntarily detained under legal restraint. (2) Where existing dwellings are used for rental occupancy and do not meet the requirements of the Building Code with reference to saniBuilding Codees, light and ventilation, and minimum space requirements for habitable rooms, the owners shall be allowed three years to make the required rehabilitation in order to conform or to withdraw the dwelling from the rental market. (3) In the case of existing buildings that are occupied and used by the owner exclusively for residential purposes, and which do not meet the requirements of the Building Code with reference tBuilding Codey facilities, light and ventilation and minimum space requirements for habitable rooms, the owners will be allowed five years to make the required rehabilitation in order to conform to the requirements of the Building Code. (4) The extension of time granted in paragraphs (2) and (paragraphs (2) and (3)not intended to relieve the owner from compliance with applicable sections of the Building Code. (5) If through no fault of the owner, rehabilitation of structures as required in paragraphsparagraphs (2) and (3)is section is not possible, additional time may be granted to the owner upon application to the Commissioner. (6) The requirements of this chapter shall not apply to owneroccupied dwellings located in rural areas having a floor area of less than 600 square feet. History: Added Apr. 1, 1964, No. 1126, Sess. L. 1964, p. 70, eff. May 1, 1964.

Unless it is otherwise provided or the context requires a different construction, the following terms when used in this chapter shall have the meanings as herein defined: Apartment-A room or suite of rooms used or intended to be used as the home or residence of an individual, family or household. In all cases where requirements for dwellings are set forth in this chapter, they shall also apply to apartments. Apartment house-Any building or part thereof, occupied, or intended to be occupied as the residence of more than four families living independently of each other and doing their own cooking in said building. In all cases where requirements for dwellings are set forth in this chapter, they shall also apply to apartment houses. Dwelling-A building occupied or intended to be occupied for residence purposes by not more than four families. Dwelling unit-Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping and cooking. Executive Director-Executive Director of the Virgin Islands Housing Finance Authority. Existing building-A building erected prior to May 1, 1964, or one for which a valid building permit has been issued prior to May 1, 1964, and which permit has not yet expired. Habitable room-A room occupied by one or more persons for living, eating or sleeping purposes. It does not include toilets, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods. It does not include kitchens or kitchenettes. Hotel-Any building containing more than nine (9) guest rooms used, or intended to be used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor or otherwise. It does not include buildings in which sleeping accommodations are provided for persons who are harbored or detained to receive medical, charitable, or other care or treatment or provided for persons who are involuntarily detained under legal restraint. Housing unit-Any building containing one or more dwelling units. Owner-The person or persons who own or control a property or part of it and includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary or a person or persons having a vested or contingent interest in the property in question. Plumbing system-The water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; building drains and sewers; including their respective connections, devices, and appurtenances within the property lines of the premises; and water treating or water using equipment. Potable water supply-Cistern or fresh water distribution system. Rental-The granting of the right to use and occupancy in consideration of a payment, including any bonus, benefit, or gratuity of money, goods, or labor demanded or received per day, week, month, year, or other period of time, as the case may be, by the owner for the use of the property for residential purposes. Repair-The replacement of existing work in a building or structure not including additional work that may constitute a structural alteration of the building or that may constitute an enlargement in area, height, or depth. Residential occupancy-The occupancy or use of a building or any portion thereof by persons for whom sleeping accommodations are provided but who are not harbored or detained to receive medical, charitable, or other care or treatment; or are not involuntarily detained under legal restraint. Rooming house-Any dwelling, or part thereof, containing not more than nine rooming units, in which space is rented by the owner to three or more persons who are not relatives of the owner. Rooming unit-Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Use-The purpose for which a building or structure is designed or intended, or for which it is, or may be, occupied or maintained. Written notice-Service of written notice shall be considered to have been made if delivered in person to the individual or parties intended, or if delivered at, or sent by registered or certified mail to the last business address known to the party giving the notice. In the event no address can be established, notice may be made by publication of said notice in two newspapers printed and distributed in the judicial district of the Virgin Islands wherein such property is located, once a week for a period of three consecutive weeks. History: Added Apr. 1, 1964, No. 1126, Sess. L. 1964, p. 70, eff. May 1, 1964; amended Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) After May 1, 1964, except as provided for in section 331(b)(2), (b)(3) and (b)(6) of this title, no person shall occupy as an owner or rent to another any building or part thereof for the purpose of living, sleeping, or cooking therein which does not comply in its design and construction with the provisions of the Virgin Islands Building Code or with the following provisions of this chapter. (b) Minimum standards for health and sanitation (1) Each dwelling unit shall contain a plumbing system as required by the Building Code. The owner shall be responsible for the care and maintenance of this system and will make no changBuilding Codeign of the system or the arrangements of the rooms that will prevent the required plumbing facilities from being accessible to all the occupants of the premises or affect the privacy afforded the user. (2) Each dwelling unit shall contain at least a kitchen sink, lavatory, water closet, and tub or shower. These required plumbing fixtures shall be located within the dwelling unit and be accessible to all occupants of same. The water closet and tub or shower shall be located to afford privacy to the user. (3) Each rooming house shall contain and the owner shall maintain in good order and repair at least one lavatory, one water closet, and one tub or shower for each five (5) rooms or ten (10) occupants of the rooming house. These required plumbing fixtures shall be located within the rooming house and shall be accessible to all the occupants of each rooming unit without requiring passage through a rooming unit or requiring passage outside the building, and shall be located to afford privacy to the user. (4) Every foundation wall, exterior wall, and roof shall be maintained by the owner weathertight, in good repair, and capable of supporting required design loads. (5) Every floor, interior wall, and ceiling shall be maintained by the owner, in good repair, and capable of supporting required design loads. (6) Every window and exterior door shall be maintained by the owner, weathertight, and in good working order and repair. (7) Every stair, porch and other appurtenance shall be maintained by the owner in good repair and capable of supporting required designed loads. (8) Every bathroom floor and water closet compartment floor shall be so maintained by the owner as to be impervious to water and to permit the floor to be easily kept in a clean condition. (9) Roofs, gutters, spouting and pipes to cisterns shall be maintained by the owner tight and clean. All openings shall be kept screened. The pump and piping system shall be maintained in good working order. (10) Every owner of a dwelling or rooming house containing two or more dwelling or rooming units shall maintain the shared or public areas of the premises in a clean, safe and sanitary condition. (11) Every occupant of a dwelling, dwelling unit, or rooming unit shall maintain that part of the dwelling, dwelling unit or rooming unit which he occupies or controls in a clean, safe and sanitary condition. (12) Every occupant of a dwelling, dwelling unit, or rooming unit shall dispose of all his garbage in a clean and sanitary manner in accordance with the rules and regulations issued by the Commissioner of Public Works. In all cases the owners shall be responsible for providing garbage storage containers. (13) Every occupant of a dwelling or dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. (c) Minimum standards for light and ventilation (1) All lighting fixtures, receptacles, equipment, and wiring shall be installed as required by the Building Code and maintained in a saBuilding Codecondition by the owner. (2) Every public hall and stairway in multiple dwelling units and in rooming houses shall be adequately lighted at all times. (3) Each habitable room shall have at least one window or skylight facing directly on the outdoors. The minimum total window or skylight area in each such room shall be 15 percent of the floor area of the room. Where a light-obstructing wall or other structure faces a window of any such room and is located within five (5) feet of the window and extends to a level above the ceiling of the room, such a window shall not be included as contributing to the required window area. (4) Every habitable room shall have at least one window or skylight which can be easily opened or such other device as will adequately ventilate the room. The total window opening or skylight area shall equal at least 8 percent of the floor area of the room. If mechanical ventilation is provided, the system shall furnish at least one cubic foot of fresh air per minute per square foot of floor area. (5) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that the total minimum window or skylight area in each such room shall not be less than 10 percent of the floor area of the room, and except that artificial light and mechanical ventilation may be substituted for windows and skylights. Mechanical ventilation shall be such as to provide 24 cubic feet per minute air change and such system shall be wired to operate in parallel with the light switch. (d) Minimum standards for dwelling and room space per occupant (1) Every dwelling unit shall have at least 150 square feet of habitable floor area (not including kitchens, kitchenettes, bathrooms, water closet compartments, closets, halls or foyers) for the first occupant, at least 100 square feet of additional habitable floor area for each of the next three occupants and at least 75 square feet of additional habitable floor area for each additional occupant. (2) Every room in a dwelling unit and rooming unit occupied or intended to be occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor area, and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. All habitable rooms shall have a minimum clear ceiling height of eight feet. (3) Because overcrowding is unhealthy and it is one of the factors that lead to rapid blight and deterioration of habitable dwellings, a dwelling shall be deemed to be overcrowded and therefore occupied, used, and rented in violation of this Housing Code if the number of persons sleeping in the dwelling unit or rooming unit is, in relation to the number and floor area of the rooms, in excess of the permitted number of persons as defined in paragraphs (1) and (2) above. History: Added Apr. 1, 1964, No. 1126, Sess. L. 1964, p. 70, eff. May 1, 1964.

(a) Administration (1) This chapter shall be administered and enforced by the Executive Director of the Virgin Islands Housing Finance Authority. (2) The Executive Director, or his authorized representatives, may, for the purpose of performing their official duties imposed by this chapter, upon presentation of proper identification, enter and inspect any building or structure or any part thereof, or any premises used or reported to be used for residential occupancy with the consent of the occupants; but no forcible entry shall be attempted without due process of law. (3) The Executive Director may of his own volition, or upon receipt of complaints, make such inspections as are necessary to determine compliance with the provisions of this chapter. He shall make a record of every such inspection and of actions taken by the owners or occupants pursuant to notices or orders resulting from the inspections. (4) Whenever the Executive Director finds instances of noncompliance with the provisions of this chapter, he shall serve a written notice upon the owner or occupants advising of the violation. If no action is taken pursuant to this notice within 90 days, the Executive Director shall order the discontinuance of such violation or the making of such repairs or improvements as will bring the dwelling into conformity with the provisions of this chapter, or to postpone occupancy, or to vacate the premises, or to demolish or remove the dwelling or portion thereof within a reasonable time. If the whereabouts of such owner or owners are unknown, and the same cannot be ascertained by the Executive Director by the exercise of reasonable diligence, then the serving of such order may be made by publishing the same once each week for three consecutive weeks in two newspapers printed and published in the judicial district of the Virgin Islands wherein such property is located. A copy of such order shall be posted in a conspicuous place on the premises affected by the order. (5) In case a notice and order are not complied with in the time stated on the notice and order, and no appeal of the order is pending, the Executive Director shall notify the Attorney General of such noncompliance. The Attorney General, upon receipt of such notification, shall institute an appropriate action or proceeding at law or in equity to restrain, correct, or remove such violation, or to require the removal of, or to prevent the further use and occupancy of the premises in question. (b) Penalties (1) Any person who shall violate a provision of this chapter or fail to comply therewith or with any of the requirements thereof and shall have been served written notice of the complaint and having received an order has failed within the stated time to comply with the order and does not have an appeal pending shall, upon conviction, be liable to a fine of not more than fifty dollars ($50.00). Each day of wilful violation after conviction shall constitute a separate offense and shall be punishable by a similar penalty. (2) Any owner, agent or person who has been notified by the Board of Land Use Appeals that the order issued by the Executive Director has been sustained or modified by the Board and has not complied with the order within fifteen days of receipt of the notification from the Board shall, upon conviction be fined not more than fifty dollars ($50.00). Each day of wilful violation after conviction shall constitute a separate offense and shall be punishable by a similar penalty. (3) The imposition of the penalties herein prescribed shall not preclude the institution of an appropriate action or proceeding to correct or abate a violation, or to prevent the occupancy or use of the premises in question. (c) Appeals (1) The owner, agent, operator or tenant shall have the right to appeal from the order of the Executive Director whenever it is claimed that the true intent and meaning of this chapter have been misconstrued or that its provisions have been wrongly interpreted or that this chapter does not apply, or that compliance would involve considerable hardship. (2) Appeals shall be made to the Board of Land Use Appeals within forty-five (45) days after issuance of an order by the Executive Director. Filing of such appeal shall automatically stay the execution of any order of the Executive Director until the issuance of a final decision by the Board. (3) Within thirty (30) days after the receipt of the appeal, the Board shall hold a public hearing on such appeal. Notice of the public hearing shall be given to the Executive Director and other interested parties at least fifteen (15) days in advance of the hearing. The notice of the public hearing shall also be posted on the property in question and at the District Court for at least fifteen (15) days before the hearing. At such hearing any interested party may appear and be heard. (4) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, or decision appealed from, and may grant variances in the application of any of the provisions of this chapter to any particular case when, in its opinion, the strict enforcement thereof would do manifest injustice or impose a hardship, or would be contrary to the spirit and purpose of this chapter, or to the public interest. (5) When the Board reaches a decision granting a variance from the application of any of the provisions of this chapter or modifying an order of the Executive Director, the Board shall express in the corresponding resolution in what manner such variation or modification is to be made, the conditions on which the decision was made, and the reasons therefor. Copies of the resolution shall be delivered to the Executive Director and to the parties making the appeal. (6) Action by the Board of Appeals shall be taken within forty-five (45) calendar days of the receipt of such appeals. In the event no action is taken by the Board of Appeals within forty-five (45) days of receipt of such appeals, the order of the Executive Director shall be null and void. (7) The decisions of the Board of Land Use Appeals shall be subject to review by the District Court of the Virgin Islands provided an appeal is filed within thirty (30) days of the receipt of the decision from the Board. History: Added Apr. 1, 1964, No. 1126, Sess. L. 1964, p. 70, eff. May 1, 1964; amended Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

This subchapter may be cited as The Virgin Islands Visitable Housing Design and Incentive Act. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 275.

As used in this subchapter, the term- (1) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources or the Commissioner's designee. (2) "Department" means the Department of Planning and Natural Resources. (3) "Dwelling" means any building, structure or portion of a building or structure which is occupied as, designed as, or intended for occupancy as a residence by one or more families; (4) "Family", includes a single individual. (5) "Physical disability" means a physical impairment that substantially limits one or more of the major life activities of an individual. (6) "Visitable housing" means one-to-four family residential dwelling units that include basic architectural features to allow persons with physical disabilities to live in or visit easily. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 275.

(a) This subchapter may not be construed as a requirement on any real property owner unless the tax incentives provided under section 344 are being claimed. (b) This subchapter applies to real property owners that after the effective date of this subchapter: (1) construct visitable housing; or (2) renovate one-to-four family dwellings that were constructed before the effective date of this subchapter. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 275; amended Sept. 11, 2012, No. 7394, § 22(a), Sess. L. 2012, p. 242.

Subject to appropriation the Department shall establish a Visitability Certification Program. Through the program, the Department shall provide a single point of contact for each territorial district, for any person wishing to submit an application for a Visitability Certificate. The Commissioner shall promulgate regulations for this program no later than one (1) year from the date of enactment. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 275.

(a) A real property owner who wishes to participate in the Visitable Housing Design and Incentive Program shall submit an incentive application to the Department in accordance with regulations promulgated by the Commissioner. (b) Every dwelling for which a real properly owner is eligible to receive a tax incentive under this subchapter must include the following architectural features: (1) The dwelling unit must have at least one no-step exterior entrance, with a 36-inch-wide entrance door to allow for wheelchair access into the dwelling; (2) The entrance must be located on a continuous and unobstructed path from the public street or driveway; (A) The pathway to the entrance must have a width not less than thirty six inches and may include curb ramps, parking access aisles, walks and ramps, but must not contain any steps; (B) The pathway to the entrance must not exceed one inch rise for every twelve inches in length; (3) All interior passage doors in the dwelling must allow at least 32 inches of clearance in width; (4) In each bathroom or other room containing a toilet, bathtub, shower stall, or shower seat, the walls adjacent to those fixtures must all be reinforced in a manner that will allow the later installation of grab bars around those fixtures, In addition at least one bath room must be on the first floor and must have: (A) Clear floor space of thirty by forty-eight inches centered on the sink; (B) Space to allow a person with a wheelchair to enter and exit the bathroom and open and close the bathroom door; (C) Space to use bathroom fixtures; (D) Space that is not encroached by the swing of the bathroom door; (E) A sink and a toilet that allow for a parallel or head-on approach by a person in a wheelchair; and (F) Bathroom walls reinforced to be capable of supporting grab bars that resist shear and bending forces of a minimum of three hundred pounds. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, pp. 276, 277; amended Sept. 11, 2012, No. 7394, § 22(b), Sess. L. 2012, p. 242.

(a) Upon completion of renovation or construction of a visitable dwelling, if the requirements of section 343 are met, the Commissioner shall issue a Certificate of Visitability to the property owner-applicant at the time of issuance of the Certificate of Occupancy. (b) A Certificate of Visitability entitles the property owner that renovates or constructs the visitable dwelling to the tax credit established in section 2305a of title 33, and to such building permit fee waivers or reductions as the Commissioner may establish by regulations. (c) The Certificate of Visitability is nontransferable and subject to such other limitations and condition as may be provided by regulations. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 277; amended Sept. 11, 2012, No. 7394, § 22(c), Sess. L. 2012, p. 242.

The Commissioner, by regulations, shall provide procedures for application, inspection, certification, reporting and publicizing of the Visitable Housing Design and Incentive Program. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 277.

The Commissioner shall educate the public, including all applicants for building permits, building contractors, developers and the general public, on the Visitable Housing Design and Incentive Program through the dissemination of written material, by information on its website and by such other methods as the Commissioner considers appropriate to explain the Visitability design standards and the advantages of participating in the incentive program. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 277.

The Commissioner shall report on the success of the Visitable Home Design Incentive Program and any funding needs of the program to the Legislature of the Virgin Islands on an annual basis, no later than May 30 each year. History: Added Nov. 10, 2011, No. 7320, § 1, Sess. L. 2011, p. 277.

(a) To facilitate the improvement of community services and enhance the health and welfare of citizens of the Nation and of the Virgin Islands, and to obtain assistance in the form of loans and/or grants under the various Federal programs, especially the Public Facility Loans Program (Public Law 345, 84th Congress, as amended) which provides loan funds for certain basic public works for which funds cannot be obtained from other sources on reasonable terms, and the Public Works Acceleration Program (Public Law 87-658, 87th Congress, 2nd Session) which provides grants for needed public works projects in areas which suffer from persistent and chronic unemployment and economic underdevelopment, the Legislature of the Virgin Islands declares the following provisions of this chapter. (b) The Legislature finds that there exists in the Virgin Islands an immediate need for the development of the Virgin Islands area through the acceleration of public works projects in order to help the community through improvement of its facilities to become more conducive to industrial development and a better place in which to live and work. (c) It is the policy of the Government of the Virgin Islands to attack the problem of underdevelopment of this area by undertaking a program of acceleration of public works projects and to join in the national policy and program expressed in the Public Acceleration Act and the Public Facility Loans Program. (d) The provisions enacted in this chapter are hereby declared to be necessary in the public interest. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

(a) As used in this chapter, unless it is otherwise provided, or the context requires a different construction, application, or meaning- "Area of operation" means the total geographical area composing the Virgin Islands of the United States. "Authority" means the Virgin Islands Public Works Acceleration Authority established by section 471 of this title. "Bonds" means all bonds (including refunding bonds), notes, debentures, and any other types or forms of instruments of obligation. "Federal Government" means the United States of America or any department, agency, or instrumentality, corporate or otherwise, of the United States. "Government of the Virgin Islands" means the body politic established by the Revised Organic Act of the Virgin Islands. "GovernoRevised Organic Actor of the Virgin Islands. "Legislature" means the Legislature of the Virgin Islands. "Locality" or "Community" means any cohesive population area within the Virgin Islands, such as Charlotte Amalie at St. Thomas, Christiansted or Frederiksted at St. Croix, or St. John, that would be commonly described as a city, town or village. "Person" means the Government of the Virgin Islands, or any agency or political subdivision thereof, and any individual, partnership, corporation, joint venture, association, joint stock company, trust or nonincorporated organization. "Project" means any accelerated public works project undertaken or financed under the provisions of this chapter by the Virgin Islands Public Works Acceleration Authority, whether undertaken independently or in cooperation with the accelerated Public Works Program authorized by the Public WorPublic Works Acceleration Actaken in cooperation with the Public Facility Loans Program, extending to all properties, assets, cash or other funds, used, received or held in connection with the planning, construction, development, operation, or disposition of a project or any portion of a project. "Public Agency" or "Agency" means any department, bureau, instrumentality, authority, or official body, corporate or otherwise or any public official, of the United States, or of the Virgin Islands, or of any state, commonwealth, territory or possession of the United States. (b) To the extent to which any definition in this section relates to, or is derived from the Public Works Acceleration Act, the Public Facility Loans Program, or the Housing Amendments of 1955, it shall be construed as intended to conform to those Acts, or to any future amendments of those Acts, and is intended to include the broadest scope authorized by those Acts. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14; amended May 19, 1983, No. 4805, § 3(a), (b), Sess. L. 1983, p. 50; Jan. 23, 2004, No. 6638, § 6, Sess. L. 2003, p. 252.

There is hereby established the Virgin Islands Public Works Acceleration Authority as a public body corporate and politic of the Virgin Islands. The Authority shall constitute an instrumentality of the Government of the Virgin Islands within the sense and meaning of section 202(a)(1) of the Housing Amendments of 1955. The Authority shall have all the powers, rights, duties, privileges, functions, obligations and status as a public body corporate and politic as prescribed or provided by this chapter. The Authority shall be in the Department of Public Works for administrative purposes only. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Removal; Compensation and Expenses (a) The powers, rights, privileges, functions and duties of the Authority shall be vested in seven members, not more than two of whom shall be at any time salaried officials or employees of the Government of the Virgin Islands or of the Government of the United States; provided, that persons drawing retirement pay or pensions only from such Governments shall not be considered to be salaried officials or employees. (b) The members of the Authority (except for the Commissioner of Public Works, who shall be a member ex officio) shall be appointed by the Governor with the advice and consent of the Legislature for terms of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member shall hold office until his successor has been qualified or unless sooner removed as provided in subsection (d) of this section. A certificate of the appointment or reappointment of any member shall be filed with the Lieutenant Governor of the Virgin Islands and such certificate shall be conclusive evidence of the due and proper appointment of such member. (c) Before taking office, or entering on duty, each member, as well as each employee of the Authority, shall take the oath of office and execute the loyalty statement required of all officers and employees of the Government of the Virgin Islands. (d) Any member may be removed by the Governor for cause. (e) A member shall receive no compensation for his services, but shall be entitled to payment of official travel costs, and reimbursement of expenses, actually and necessarily incurred in the discharge of his duties and functions, and under such regulations as are applicable to employees of the Government of the Virgin Islands. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

The members shall collectively constitute the Board of Directors of the Authority. The Commissioner of Public Works shall serve as Chairman of the Board. A Vice-Chairman shall be selected by the Board from among its members to serve for a year, or until his successor is selected in accordance with the bylaws of the Authority. The Board may employ such agents and employees, permanent and temporary, as it may deem necessary and shall determine their qualifications, duties, tenure, and compensation. The Authority may delegate to one or more of its officers, agents, or employees, such powers or duties as may be deemed proper. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Four members shall constitute a quorum of the Board of the Authority for the purpose of conducting the business of the Authority and exercising its powers, and for all other purposes notwithstanding the existence of any vacancies, except that a lesser number may adjourn. Unless the Authority in its bylaws requires a greater proportion in any instance, a vote of the majority of members present at any meeting of the Board shall prevail. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

The Authority shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this chapter (except the power to levy and collect taxes and/or special assessments), including the following powers in addition to other powers granted in this chapter, and may- (1) have perpetual succession; (2) sue and be sued; (3) have a seal and modify it; (4) enter into and execute contracts and instruments of every kind and nature, necessary or convenient to the exercise of its powers and functions; (5) make, and from time to time modify, and repeal bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (6) borrow money from public and private sources, and give such security therefor as may be required; (7) apply for and accept advances, loans, grants, contributions, bequests, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal Government, the Government of the Virgin Islands, or other public body or agency, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts in connection therewith; (8) deposit funds in banking institutions which are members of the Federal Deposit Insurance Corporation; (9) invest funds in property or securities approved for investment by the Federal Government or the Government of the Virgin Islands; (10) acquire any real or personal property, or any interest or estate therein, by lease, option, purchase, gift, grant, donation, appropriation, bequest, devise or by the exercise of eminent domain, or otherwise; (11) own, hold, improve, clear, or prepare for redevelopment any such property; (12) sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such: provided, however, that no provision of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so state. (13) to extend credit or make loans to any person for the planning, design, construction, acquisition or carrying out of any Project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this section in connection with a Project for such person, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a Project as the Authority may deem necessary or desirable; (14) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the Authority. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14; amended May 19, 1983, No. 4805, § 3(c), Sess. L. 1983, p. 50.

(a) The Authority is empowered and authorized to participate in and exercise all powers conferred by the accelerated public works program of the Federal Government authorized by Public Law 87-658, as amended, the Public Facility Loans Program, as amended, and the Industrial Development Bond Program as authorized by 26 U.S.C. §103(b)(2) and Public Law 98-454 (approved October 5, 1984). The proceeds of any bonds issued pursuant to Public Law 98-454 shall vest, without discretion, in the qualified applicant therefor. (b) In connection with such participation, and in addition to powers otherwise conferred by this chapter, the Authority is empowered and authorized (1) to enter into contracts and agreements of every kind and nature with the Federal Government for any purpose related to such programs, and shall comply with such contracts and any Federal rules, requirements, regulations and procedures, applicable to the programs; (2) to execute such mortgages, declarations or indentures of trust, leases, undertakings, or other agreements or documents of every nature, as may be necessary, or required by the Federal Government; and (3) otherwise to comply with any conditions imposed by the Federal Government upon participation by the Authority in such programs, it being the intent of this chapter to enable the Authority to do any and all things necessary to secure participation in the Federal programs, and Federal financial aid in such programs, and the cooperation of the Federal Government in the carrying out, undertaking, development, construction, maintenance, and operation of any project, in carrying out the functions of the Authority, and in achieving the policies and purposes of this chapter, and to assure strict compliance by the Authority with any conditions imposed by the Federal Government. (c) Further in connection with such participation, the Authority is also empowered and authorized to borrow money, receive contributions or grants, and accept other forms of financial assistance from or through the facilities or guarantees of the Federal Government, and may accept, and shall comply with such conditions as the Federal Government may impose upon, or attach to its financial aid. (d) Further in connection with such participation, the Authority shall agree to and shall comply with any conditions imposed by the Federal Government relating to the wages and hours of labor and labor standards in the development or administration of projects, and shall include in any contract awarded or entered into in connection with any project covenants that the contractor and all subcontractors shall comply with all requirements as to wages and hours of labor and labor standards. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14; amended Feb. 1, 1985, No. 5042, § 2, Sess. L. 1984, p. 466.

(a) The Authority shall have the power to issue bonds from time to time in its discretion, for any of its corporate purposes. The Authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The Authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable (1) exclusively from the income and revenues of a project financed with the proceeds of such bonds; (2) exclusively from income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or (3) from its revenues generally. (b) Any such bonds may be additionally secured by a pledge of any loan, grant or contribution, or parts thereof, from the Federal Government or other source, or, in the case of bonds issued to effectuate the provisions of Title 19, chapter 56A, Virgin Islands Code, a pledge of revenues to be received from the Resource Recovery and Potable Water Revolving Fund established pursuant to the provisions of section 3055 of Title 33, Virgin Islands Code, or a pledge of any income or revenue of the Authority, or a mortgage of any project, or part thereof, or other property of the Authority. (c) Neither the directors of the Authority nor any person executing the bonds shall be personally liable on the bonds by reason of the issuance of the bonds. (d) The bonds and other obligations of the Authority (and the bonds and obligations shall so state on their face) shall not be a debt of the Virgin Islands (which may be referred to as the "State") or any political subdivision thereof, and neither the Virgin Islands nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of the Authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (e) Bonds of the Authority are declared to be issued for an essential public and governmental purpose and together with interest thereon and income therefrom, are exempt from all taxes. The provisions of this chapter exempting from taxation the Authority, its property, and its bonds and interest thereon and income therefrom, shall be considered part of the security for the repayment of the bonds and shall constitute, by virtue of this chapter and without necessity of being restated in the bonds, a contract between the bondholders, and each and every one of them, including all transferees of said bonds from time to time, on the one hand, the Authority and the Virgin Islands on the other. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14; amended May 19, 1983, No. 4805, § 3(d), Sess. L. 1983, p. 51.

Bonds (a) Bonds of the Authority shall be authorized by its resolutions, may be issued in one or more series and shall be offered, awarded and executed in such manner, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, bearer, order, coupon or registered, carry such conversion or registration privileges, have such rank or priority, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), as such resolution of the Authority, trust indenture, or mortgage may provide, and shall be fully negotiable. (b) The bonds may be sold at public or private sale. (c) In case any of the directors or officers of the Authority whose signatures appear on any bonds or coupon shall cease to be such officers or directors before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the directors or officers had remained in office until such delivery. (d) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been issued by the Authority to aid in financing a project as defined in this chapter, shall be conclusively deemed to have been issued for such purpose, and the project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14; amended May 19, 1983, No. 4805, § 3(e), Sess. L. 1983, p. 51; Dec. 27, 1984, No. 5033, § 5, Sess. L. 1984, p. 417.

In connection with the issuance of bonds or the incurring of obligations, and in order to secure the payment of such bonds or obligations, the Authority, in addition to its other powers, may- (1) pledge all or any part of its gross or net rents, fees or revenues, to which its right then exists or may come into existence; (2) mortgage all or any part of its real or personal property, then owned or thereafter acquired; (3) covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof; and covenant as to what other, or additional debts or obligations may be incurred by it; (4) covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof, provide for the replacement of lost, destroyed or mutilated bonds; covenant against extending the time for the payment of its bonds or interest thereon; and to covenant for redemption of the bonds and to provide the terms and conditions thereof; (5) covenant (subject to the limitations contained in this chapter) as to the rents and fees to be charged in the operation of projects, fees and other revenues, and as to the use and disposition to be made thereof; create or authorize the creation of special funds for monies held for construction or operating costs, debt services, reserves, or other purposes, and covenant as to the use and disposition of the money held in such funds; (6) prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given; (7) covenant as to the use, maintenance and replacement of any or all of its real or personal property; the insurance to be carried thereon, and the use and disposition of insurance monies; (8) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (9) vest in any obligee of the Authority the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; vest in an obligee or obligees holding a specified amount in bonds the right, in the event of default by the Authority, to take possession of and use, operate and manage any project or any part thereof or any funds connected therewith, and to collect the rents and revenues arising therefrom, and to dispose of such monies in accordance with agreements of the Authority with said obligees; provide for the powers and duties of such obligees and limit the liabilities thereof; and provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds; and (10) exercise all or any part or combination of the powers herein granted; make covenants (other than and in addition to the covenants herein expressly authorized) and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the Authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

An obligee of the Authority, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon him, may by a civil action- (1) compel the Authority and the directors, officers, agents or employees thereof to perform each and every term, provisions and covenant contained in any contract of the Authority with or for the benefit of such obligee, and to carry out any or all such covenants and agreements of the Authority and fulfill all duties imposed upon the Authority by this chapter; or (2) enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of the Authority. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

The Authority may by its resolution, or by declaration of trust, trust indenture, mortgage, lease, or other contract confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by a civil action in any court of competent jurisdiction to- (1) cause possession of any project or any part thereof to be surrendered to any such obligee; (2) obtain the appointment of a receiver of any project of the Authority or any part thereof and of the rents and profits therefrom; (3) require the Authority and the directors, officers, agents, and employees thereof to account as if it and they were trustees of an express trust. A receiver appointed under clause (2) of this section may enter and take possession of the project or any part thereof and operate and maintain the same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep all money in a separate account or accounts and apply the same in accordance with the obligations of the Authority as the court directs. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Obligations Notwithstanding any restrictions on investments contained in any laws of the Virgin Islands, the Virgin Islands, any political subdivision thereof, all public officers and other public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies or organizations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries, may legally invest any monies or funds belonging to them or within their control in any bonds or other obligations issued by the Authority or issued by any public works acceleration authority or agency in the United States, its territories or possessions, or in the Commonwealth of Puerto Rico, when such bonds or other obligations are secured by a other obligations are secured by a pledge of annual contributions or other financial assistance to be paid by the Federal Government, or when such bonds or other obligations are secured by an agreement between the Federal Government and the public works acceleration authority or agency in which the Federal Government agrees to lend to such authority or agency, prior to the maturity of the bonds or other obligations, monies in an amount which (together with any other monies irrevocably committed to the payment of principal and interest on the bonds or other obligations) will suffice to pay the principal of the bonds or other obligations with interest to maturity, which monies under the terms of the agreement are required to be used for that purpose; and such bonds and other obligations shall be authorized security for all public deposits, it being the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing in this section be construed as relieving any person from any duty of exercising reasonable care in selecting securities. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

In any contract with the Federal Government for financial assistance to the Authority, the Authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the Federal Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject. The contract may further provide that in the case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the Authority the project as then constituted. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Any pledge made by the Authority shall be valid and binding from the time when the pledge is made. The money, assets or revenues of the Authority so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged. History: Added May 19, 1983, No. 4805, § 3(f), Sess. L. 1983, p. 51.

(a) For the purposes of aiding and cooperating in the planning, undertaking, carrying-out, developing, constructing and operating of projects, and of enabling the Authority to qualify for participation in Federal programs in its authorized fields of activity, the Government of the Virgin Islands, any political subdivision thereof, or any public agency or public body of the Virgin Islands, with or without consideration, upon such terms as it may determine, and acting through appropriate agencies and officials, may do any, all or any combination of the following: (1) Enter into contracts and agreements (which contracts or agreements may extend over any period, notwithstanding any provision or rule of law to the contrary) with the Authority or other public agency or body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds by loan, grant, contribution, appropriation, or otherwise or other assistance in connection with any project. (2) Dedicate, sell, convey, lease, or otherwise transfer any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the Authority or to any other public agency concerned in any project of the Authority. (3) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewage or drainage, illumination, or any other works or facilities, which it is otherwise empowered to undertake or furnish, to be furnished to or in connection with any project. (4) Close, vacate, furnish, install, grade, regrade, pave, plan or replan, highways, streets, roads, alleys, sidewalks, ways or other place. (5) Plan or replan, zone or rezone, any part of any community, or locality, and make exceptions and grant waivers from any building codes, regulations or rules. (6) Cause administrative and other services to be furnished to the Authority. (7) Incur all or any part of the expense of any public improvement necessary for the purposes of this chapter. (8) Lend, grant, appropriate, or contribute funds to the Authority, or otherwise for the purposes of this chapter. (9) Employ (notwithstanding the provisions of any other law) any funds belonging to or within its control, including funds derived from the sale or furnishing of property or services, or facilities, to the Authority, for the purchase of bonds or other obligations of the Authority. (10) Exercise powers relating to the repair, improvements, condemnation, vacation, closing, demolition, or removal of unsafe, insanitary, or unfit buildings and structures. (11) Do any and all things necessary or convenient to aid and cooperate in the planning, or carrying out, or operating projects of the Authority, and in achieving the purposes of this chapter. (b) All agencies and public officials of the Government of the Virgin Islands or any political subdivision thereof are authorized and empowered, and shall cooperate with the Authority to the extent necessary to facilitate the exercise by the Authority of its powers, duties, and functions under this chapter and in carrying out the purposes of this chapter. (c) Any sale, conveyance, lease, transfer, or agreement authorized by this section may be made without appraisal, public notices, advertisement, or public bidding, notwithstanding any laws to the contrary. (d) All projects of the Authority shall comply with the planning, zoning, sanitary and building laws or codes, or other regulatory measures applicable to the community in which the project is situated; but no project constructed in a manner to promote the public interest, which complies with the standards of requirements of the Federal Government applicable to it, shall be deemed to be in violation of such laws or codes or be required to be changed or modified for compliance. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Bonds, Etc Subject to the provisions of section 8(b) of the Revised Organic Act of the Virgin Islands, approved July 22, 1954, the Government of the Virgin Islands may levy taxes, appropriate funds, incur indebtedness and issue bonds for the purposes of procuring funds to be loaned, appropriated, contributed, or granted, to the Authority for carrying out its powers, functions and duties under this chapter, for the provision of public improvements and other forms of local government cooperation, and for use in connection with any project of the Authority, or otherwise to carry out the purposes of this chapter. Bonds to be issued by such Government pursuant to the provisions of this section shall be issued in the manner and within the limitations prescribed by law for the issuance and authorization of bonds for such purposes. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

Violation During his tenure and for one year thereafter, no director, officer or employee of the Authority shall voluntarily acquire any personal interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project. If any such director, officer, or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a director, officer or employee, or thereafter, then in any such event, the director, officer, or employee shall immediately disclose his interest in writing to the Authority and such disclosure shall be entered upon the minutes of the Authority, and the director, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. These provisions shall not be applicable to the acquisition of any interest in notes or bonds of the Authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture or agreement, or to utility services the rates for which are fixed or controlled by a governmental agency. History: Added Feb. 6, 1963, No. 929, Sess. L. 1963, p. 14.

The Legislature hereby finds and declares that: (a) The public health and safety and the environment are threatened where wastewater and solid waste is not managed in an environmentally sound manner and where there are not sufficient waste management facilities available; (b) Providing environmentally-sound management for the collection and disposal of solid waste, including operation and closure of landfills, along with wastewater collection, treatment and disposal, is essential to the preservation and improvement of the health, welfare and living conditions of the citizens of the Territory as well as to the promotion and growth of industry and employment and the problem of managing wastewater and solid waste have become a matter of territorial concern; (c) The existing Virgin Islands wastewater and solid waste management systems have not been able to achieve and maintain compliance with the mandatory requirements of the Territorial and Federal Air and Water Pollution Control Acts, Federal Solid Waste Disposal Act, and Territorial Solid and Hazardous Waste Management Act and their implementing regulations as promulgated by the United States Environmental Protection Agency and the Government of the Virgin Islands; (d) It is the policy of the Government of the Virgin Islands to comply with all Territorial and Federal mandates and ensure that the Territory's wastewater and solid waste management systems adequately provide the required services; (e) Improperly functioning septic systems represent a real and immediate public health problem. Improperly functioning septic systems are discharging wastewater directly into the bedrock and into the groundwater, or overland into surface waters. These discharges contaminate drinking water sources, threaten coastal ecosystems, and pollute recreational areas; (f) It is in the best interests of the Government of the Virgin Islands to create an autonomous Virgin Islands Waste Management Authority to assume all the powers, duties, and responsibilities pertaining to wastewater and solid waste management services in the Territory, as specified by this chapter; and (g) The provisions of this chapter are hereby declared to be necessary for the protection and enhancement of the public health and welfare and in the public interest. (h) Therefore, the Legislature declares that the purposes of this chapter are: (1) To protect the public health and safety, the health of the environment from the effect of improper, inadequate, and unsound management of waste water and solid waste; (2) To create an autonomous Virgin Islands Waste Management Authority to establish a program of regulation over the management, storage, transportation, collection, treatment and disposal of wastewater and solid waste; and (3) To assure the safe and adequate management of all waste within the Virgin Islands. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 205.

As used in this chapter, unless it is otherwise provided, or a different meaning is clearly indicated by the context: (a) The term "area of operation" means the total geographical area comprising the Virgin Islands. (b) The term "Authority" or "Waste Management Authority" means the Virgin Islands Waste Management Authority established by section 496 of this chapter. (c) The term "Board" means the Board of Directors of the Authority. (d) The term "bonds" means all bonds, including refunding bonds, notes, debentures, and any other types or forms of instruments of indebtedness. (e) The term "carrier" means the entity that conducts the actual physical transport of goods into the Territory. (f) The term "costs of issuance" means any amounts payable or reimbursable directly or indirectly by the Authority and related to the sale and issuance of bonds and the investment of the proceeds thereof and of revenues securing the same, including, but not limited to, printing costs, filing and recording fees, trustees fees and charges, depositories, authenticating agents and paying agents, legal and auditing fees and charges, financial consultant fees, costs of credit ratings, premiums for insurance of the payment of bonds and fees payable for letters or lines of credit or other credit facilities securing bonds, underwriting or placement costs, fees and charges for execution, transportation and safekeeping of bonds, costs and expenses of refunding and other costs, fees and charges in connection with the foregoing. (g) The term "current expenses" means the Authority's current expenses, whether or not annually recurring, for maintaining, repairing and operating the wastewater and solid waste management systems and engaging in other activities authorized by this chapter, including, but not limited to, administrative expenses including salaries and benefits, cost of insurance, payments for engineering, financial, accounting, legal and other services rendered to the Authority, taxes upon the Authority or its income, operations or property and payments in lieu of such taxes, costs incurred or payable by the Authority with respect to real property, costs of issuance not financed in the cost of a project, and other current expenses required or permitted by law to be paid by the Authority, including the funding of reasonable reserves for upgrading, maintenance, repair, replacements, insurance, emergency contingencies or operations, and other purposes. (h) The term "Environmental user fee" means a charge paid to the Authority and imposed on goods as they are produced within or imported into the Territory to cover the cost of their management as waste once their useful life is completed, or a charge assessed to owners of commercial aircraft or cruise ships that discharge waste in the Territory for disposal in the Territory. (i) The term "facility" means any one or a combination of the following for providing wastewater or solid waste management system services in the Virgin Islands: wastewater collection, transportation, treatment and disposal systems, including pumping stations, transportation lines, meters, valves and treatment plants and other structures and equipment and any other wastewater system works, together with all parts thereof and appurtenances thereto, and all facilities for the collection, treatment, transportation and disposal of solid waste and/or landfill closure, together with all parts thereof and appurtenances thereto and lands, rights in lands, and rights in connection therewith, which the Authority shall deem to be necessary, proper, incidental or convenient in connection with its activities, and which are customarily used and employed in the implementation of wastewater and solid waste management system services, or other activities in which the Authority shall engage or desire to engage pursuant to its purposes. The term "facilities" shall refer collectively to the facilities of the wastewater and solid waste management systems. (j) The term "Federal Government" means the Government of the United States of America or any department, agency, or instrumentality, corporate or otherwise, of such Government. (k) The term "goods" means all commodities, articles, wares, merchandise, and other things of value imported into or produced within the Territory, including any associated material for purposes of packaging and handling. (l) The term "Government of the Virgin Islands" means the Government of the Virgin Islands body politic established by the Revised Organic Act of 1954, as amended. (m) The term "Governor" means the Governor of the Virgin Islands. (n) The term "hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may- (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (o) The term "holder of bonds" or "bondholder" or any similar term means any person who is the bearer of any outstanding bond or bonds whether registered to the bearer or not registered to the bearer, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. (p) The term "Legislature" means the Legislature of the Virgin Islands. (q) The term "locality" or "community" means any cohesive population area within the Virgin Islands that would be commonly described as a city, town or village, including, but not limited to, Charlotte Amalie in St. Thomas, Christiansted and Frederiksted in St. Croix, and Cruz Bay in St. John. (r) The term "municipal waste" means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse- (1) from any publicly or privately operated municipal waste collection or similar disposal system, or (2) from similar waste flows (other than such flows, which constitute agricultural wastes or residues, or wood wastes or residues, or wood wastes or residues from wood harvesting activities or production of forest products). Such term does not include any hazardous waste, as determined by the Secretary of Energy, for purposes of this chapter. (s) The term "person" means the Government of the Virgin Islands, or any agency or political subdivision thereof, and any individual, partnership, corporation, joint venture, association, joint stock company, trust or non-incorporated organization. (t) The term "project" means, but is not limited to, any undertaking or other activity by or on behalf of the Authority to maintain or improve its solid waste management or wastewater systems, equipment, and/or facilities including any extension, expansion or addition thereto, any acquisition, demolition, construction, reconstruction or alteration of any part thereof and any other investment therein, whether undertaken independently or in cooperation with any other agency, or person. (u) The term "public agency" or "agency" means any department, bureau, instrumentality, authority, or official body, corporate or otherwise, or any public official of the Federal Government, or of the Government of the Virgin Islands, or of any state, commonwealth, territory, or possession of the United States. (v) The term "recycling" means the collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials from the solid waste stream. (w) The term "residual waste" means garbage, refuse, or other discarded material or waste, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial and agricultural operations, and sludge from an industrial or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility. (x) The term "revenues" means all charges and other receipts derived by the Authority from the operation of the wastewater or solid waste management systems and from all other activities or properties of the Authority, including, but not limited to, proceeds of bonds, grants, gifts or appropriations to the Authority, investment earnings and proceeds of insurance or condemnation, and the sale or disposition of real or personal property; provided, however, that amounts paid to or for the account of the Authority shall be included in revenues unless the Authority shall elect that such amount or any portion thereof shall be segregated from other funds of the Authority and applied directly by the Authority or the trustee for the Authority's bonds to the payment of the debt service thereof, in which event, such amount or portions shall not be included in revenues of the Authority for the purposes of this chapter. (y) The term "septic system" means all septic tanks and/or any other individual, residential, commercial or industrial on-site wastewater treatment systems or apparatus, regardless of the principles of wastewater treatment involved. (z) The term "sludge" or "bio-solids" means solids that have been removed from wastewater, and associated wastewater liquids that remain with the solids after separation of the solids from the wastewater. (aa) The term "solid waste" means any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under (Section 402 of the Federal Water and Pollution Control Act, as amended), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). (bb) The term "solid waste management system" means that part of the resources, systems, and solid waste facilities, as herein defined, which the Authority shall deem to be necessary, proper, incidental or convenient in connection with the collection and disposal of solid waste including the operation and closure of the Territory's landfills, together with that part of the resources, systems, and solid waste facilities for use in connection with the development and which the Authority shall deem to be fairly allocable to its solid waste system. The solid waste system shall include, but is not limited to, franchises, privileges, equipment, resources, and facilities used for the collection and disposal of solid waste including real and personal property and rights and interests of any kind related thereto. (cc) The term "Territory" means the Virgin Islands, including St. Thomas, St. John, St. Croix, Water Island, and associated smaller islands and cays. (dd) The term "Utilities and Solid Waste Departments of the Department of Public Works" means the solid waste and wastewater management systems and programs including pumping stations, treatment plants, collection systems, landfills, equipment and all other facilities and other property, rights, franchises, contracts, leases, records and accounts receivable, properly attributable to the solid waste management and wastewater services operations of said Department. (ee) The term "waste" means a material whose original purpose has been completed at its source and which is directed to a disposal or processing facility or is otherwise disposed of or discarded, whether solid or liquid. The word does not include source-separated recyclable materials, materials approved by the Authority for beneficial use, or material that is beneficially used in accordance with requirements established by the Authority. (ff) The term "wastewater" means liquids that may or may not contain solids but that are primarily water and whose discharge into the environment, if untreated, would create a public nuisance or health hazard, as determined by the Authority, the Department of Planning and Natural Resources, or the United States Environmental Protection Agency, or any successors thereof. (gg) The term "wastewater and solid waste management systems" means all the facilities, as herein defined, for providing wastewater and solid waste management services. (hh) The term "wastewater system" means that part of the resources, systems, and facilities, as herein defined, which the Authority shall deem to be necessary, proper, incidental, or convenient in connection with the collection, transportation, treatment and disposal of wastewater, together with that part of the facilities for use in connection with other activities which the Authority shall deem to be fairly allocable to its wastewater system. The wastewater system shall include, but is not limited to, sewers, pipes, conduits, pump stations, force mains, interceptors, treatment works, septic systems, and other structures, devices, appurtenances and facilities utilized for wastewater collection, disposal and treatment and franchises, privileges, plants, equipment and real and personal property and rights and interests of any kind related thereto. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 207; amended Aug. 12, 2004, No. 6679, § 1(a), Sess. L. 2004, p. 152.

There is established the Virgin Islands Waste Management Authority functioning as a non-profit, public body corporate and politic of the Government of the Virgin Islands. The Authority shall constitute an autonomous instrumentality of the Government of the Virgin Islands. The purposes of the Authority shall be to provide environmentally sound management for the collection and disposal of solid waste, including operation and closure of landfills, and wastewater collection, transport, treatment and disposal in the Territory. The Authority is granted, shall have and may exercise all rights and powers necessary or convenient for carrying out the aforesaid purposes, including, but not limited to, the following: (a) to have perpetual existence as a corporation; (b) to adopt, alter and use a corporate seal which shall be judicially noticed; (c) to make, and from time to time, modify and repeal bylaws, guidelines, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (d) to sue and be sued in its corporate name; and its directors, officers, and employees shall be immune from tort liability for acts and omissions constituting the exercise of their official functions to the extent provided by Title 33, Chapter 118, of the Virgin Islands Code; (e) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (f) to employ personnel as hereinafter provided and to engage architectural, engineering, accounting, management, legal, financial and environmental consulting and other professional services; (g) to acquire property, real, personal, or mixed, tangible or intangible, easements, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of this Authority, including its own securities, by any lawful means, including but not limited to the exercise of the power of eminent domain in accordance with Title 28, Chapter 19, Virgin Islands Code, and to own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate said property; that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; (h) to sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber any real or personal property, or any interest or estate in such; provided, however, that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; and provided further, that, except for a sale resulting from mortgage foreclosure, in no case shall the Authority have the power to sell or otherwise transfer any property unless the property, in the judgment of the Board, is no longer required for carrying out the business of the Authority or for effectuating the purposes of this chapter; provided, however, that the authority provided to the Authority by this subsection shall not apply where the Legislature has specifically exempted property from this subsection; (i) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and give security therefore as provided in this chapter and to make and issue bonds for the purpose of funding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it; (j) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with the Federal Government, or any department or agency thereof, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; provided, however, that if a grant, loan, or the proceeds of a bond issue are made expressly subject to conditions precedent to the receipt of such grant, loan, or the proceeds of a bond issue, then the Authority shall comply with such conditions; (k) to invest its funds as authorized by a resolution of the Board, subject to any restrictions in trust agreements or resolutions authorizing the issuance of bonds; (l) to determine, fix, alter, charge and collect reasonable rates, surcharges, fees, and other charges for the use of the facilities of the Authority, or for the services of solid waste and wastewater management, or other services and commodities rendered or furnished by it, which shall be at least sufficient, together with all other available monies, revenues, income and receipts of the Authority from all sources, including appropriations from the Government of the Virgin Islands for the payment of the expenses of the Authority incurred in connection with the improvement, repair, maintenance, use and operation of its facilities, equipment, and properties, for the payment of debt service on its bonds, and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority, including the funding of all reserves reasonably required by any trust agreement or bond resolution. The rates, surcharges, fees, and other charges, established by the Authority pursuant to the provisions of this subsection shall be subject to the regulation of the Public Services Commission pursuant to Chapter 1, Title 30, of this code. In fixing rates, fees, and other charges for solid waste management services and wastewater services, the Authority shall consider the encouragement of the greatest, economically-viable use of solid waste and wastewater management services consistent with sound fiscal management and utilizing proven technology, and in this connection, it is the intention of the Legislature that in fixing such rates, fees and other charges, the Authority shall take into account the respective expenses, as enumerated in this subsection, for solid waste and wastewater management services; provided further, that, initially, the Authority shall re-evaluate the rates, fees, and other charges in effect on the effective date of this chapter and, if necessary, shall adopt revised rates, fees, and other charges that reflect actual and estimated costs for current solid waste management services and wastewater systems operations; (m) to promulgate rules and regulations to carry out the duties and activities delineated in this chapter, and to enforce with the Authority's own enforcement officers such rules and regulations with citations, fines, or other appropriate penalties; provided, however, that such rules and regulations and associated penalties and methods of enforcement shall be published in the local newspaper at least 30 days before enforcement begins, shall be made available to the public during normal business hours at the Authority's offices on St. Thomas and St. Croix, and shall include a defined path of recourse for aggrieved parties. This path of recourse shall include the right to a hearing before the Board or before a hearing officer designated by the Board, as the Board desires. Enforcement officers must be trained by the Authority and pass a certification test administered by the Authority before commencing enforcement, provided that such requirements do not violate the agreement of the collective bargaining unit of which the enforcement officer is a member and while upon official duty will wear uniforms that identify themselves as enforcement officers of the Authority. The Authority's right to enforcement shall include police power to secure and protect the Authority's personnel, property, equipment, facilities including leased or rented property, facilities, and equipment, and resources, including the personnel, property, equipment, facilities, and resources of the Authority's contractors; (n) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement or repair of any facility and, from time to time, modify such plans, designs, specifications and estimates; (o) to acquire, produce, develop, hold, use, transmit, distribute, supply, exchange, sell, rent and otherwise dispose of solid waste management and wastewater system equipment, and/or such other items, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter to construct or reconstruct, operate or manage, the systems of the Authority or any individual facility or facilities therein, and any additions, improvements and extensions thereto by contract or contracts, and/or under, through, or by means of its officers, agents and employees; (p) to enter on any lands, property or structure after notifying the owners or holders thereof, or their representatives, for the purpose of making surveys, appraisals, soundings, borings or examinations, and such entry shall not be deemed to be a trespass; and to enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; provided, however, that the Authority shall restore any such land, property or structure, insofar as possible, to its condition or state at the time of entry; (q) to construct or place any facilities and to operate, maintain and extend the same across, in, over, under, through or along any street, public highway or any lands which may, on the effective date of this chapter or thereafter, be the property of the Government of the Virgin Islands without obtaining any franchise or other permit or paying fees therefore; except, that the Authority shall obtain the consent of the Commissioner of Public Works with respect to construction affecting public lands and highways; and, provided further, that the Authority shall restore any such street, highway or lands, insofar as possible to their condition or state at the beginning of the work and shall not use the same in a manner unnecessarily to impair their usefulness; (r) to perform all of the functions consistent with this chapter heretofore vested in the Government of the Virgin Islands and the Commissioner of Public Works; (s) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other act of the Legislature; (t) to participate in the programs of the Federal Government, and any departments and agencies thereof, related to the fields of solid waste and wastewater management services and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of the Federal Government and such departments and agencies in achieving the policies and purposes of this chapter; (u) to avoid a rate increase or to reduce the amount of a rate increase, the Authority may provide a report and request to the Government of the Virgin Islands regarding any amount or amounts of funding the Authority may need to carry out its obligations and responsibilities under this chapter and to avoid any significant increase in rates to cover costs associated with the necessary and justified improvements to the solid waste management and wastewater systems. Such amounts or portions thereof may be provided by the Government of the Virgin Islands through an appropriation to the Authority. In determining needed funding under this section, the Authority, in developing its operating budget, will take into consideration such savings that may result from the implementation of its programs and the improvements to its systems; (v) to bill the Authority's customers, whether directly or indirectly, for wastewater and solid waste management services. The Authority shall have the authority to sell to a collection agency delinquent accounts after 120 days of delinquency, or to contract with other organizations for the routine collection of the Authority's accounts. The Authority also shall have the right to impose a lien on the real property of customers whose accounts are 120 days or more delinquent, to secure any such delinquent amounts due. At the Authority's discretion, the Authority may require that a deposit, in such amount as the Authority deems reasonable, be made to it before the initiation of its services. (w) to apply for and to hold permits, licenses, certificates or approvals as may be necessary or desirable to construct, maintain and operate solid waste and wastewater management services; (x) to purchase insurance against loss in such amounts and from such insurers which it deems desirable which may include, without being limited to, civil liability insurance for its Board members, and its officers, agents and employees; (y) to purchase bonds issued by the Authority, subject to the provisions of any contract with the holders of such bonds; and purchase any bonds or other obligations issued by public subdivisions, instrumentalities and corporations of the Government of the Virgin Islands; and to sell without relation to cost such bonds or other obligations at such prices and in such manner as the Authority shall deem advisable; (z) to grant options for the purchase of any property or the renewal of any lease granted by it in connection with any of its properties under such terms and conditions as it may deem advisable; (aa) to pledge or assign any moneys, income, fees or any other revenues, as well as the proceeds from the sale of properties, and compensation under the provisions of insurance policies or condemnation awards; (bb) to mortgage or pledge any property for the payment of the principal of and interest on any bonds issued by the Authority, and pledge all or a portion of such revenues as the Authority may receive; and (cc) to appear on its own behalf before other public bodies in all matters relating to its powers and purposes. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 213; amended Aug. 12, 2004, No. 6679, § 1(b), Sess. L. 2004, pp. 213-220.

(a) The Authority shall be governed by a Board of Directors consisting of seven members who shall be appointed by the Governor, three of whom shall be appointed from departments and/or agencies of the Government, with one being the Commissioner of the Department of Public Works and at least one with experience in environmental or physical science. Four members shall not be employees of the territorial or Federal Government and shall be appointed with the advice and consent of the Legislature. Of the four non- governmental members, one shall be a resident of St. Thomas, one shall be a resident of St. John, and two shall be residents of St. Croix. At least one (1) non-governmental member shall have business experience, one shall have engineering or construction management experience, and one shall have environmental engineering experience. (b) The term of office for each non-governmental member shall be three years; provided, however, that for the first appointments made pursuant to this section, one shall be for one year, two for two years, and one for three years. Non-governmental members may be reappointed and may be removed only for cause by the Governor; otherwise they will serve full terms regardless of changes in the administration of the Office of the Governor. The term of office for the three governmental members, who serve at the pleasure of the Governor, shall be as long as they remain in their respective government positions, if they are unclassified employees, and for a term of three years if they are classified employees. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. (c) Governmental members of the Board shall be entitled to no compensation for their service as members of the Board beyond their normal compensation for their government jobs. Non-governmental members shall initially be entitled to a per diem at the rate of $75.00 per day or a fraction thereof spent in the work of the Authority; except, that the per diem shall be subject to approval by the Board and may be changed by the Board upon review and consideration. In addition, all members shall be entitled to reimbursement for, or per diem in lieu of, necessary travel expenses. Travel expenses include transportation, lodging, meals, and other travel-related incidental expenses. (d) The Authority shall be a non-profit, independent public body politic and corporate and a governmental instrumentality subject, as provided herein, to the control of the aforementioned members, acting in their capacity as members of the Board thereof, but it is a corporation having legal existence and personality separate and apart from the Government and the officers controlling it. Subject to section 500e(a) of this chapter, the debts, obligations, assets, contracts, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities and property of the Authority shall be deemed to be those of the Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, offices or employee thereof. The Board and its individual members, and the officers, agents or employees of the Authority, shall not incur civil liability for any action taken in good faith in the performance of their duties and responsibilities pursuant to the provisions of this chapter. The Authority shall indemnify all Board members, and the officers, agents and employees of the Authority, for any costs incurred in connection with any claim for which they enjoy immunity hereunder and in connection with any lawsuits or other legal actions brought against such Board members, officers, agents and employees as a result of their official actions; except, that no indemnification shall be provided to any person who is found to have acted contrary to federal or local law. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 220.

(a) The responsibilities of the Authority shall include, but are not limited to, the following: (1) To educate and inform the citizens of the Territory on matters related to solid waste and wastewater by developing and implementing a master public education plan; (2) To upgrade the existing wastewater collection, pumping, transport and treatment facilities, including locating a suitable site and constructing new treatment facilities and/or replacing the current collection system; (3) To develop and implement an integrated, comprehensive solid waste management program that includes, but is not limited to, constructing a solid waste disposal facility and establishing proper landfill operations and plans for public education, composting, waste oil and used lead acid batteries disposal, and landfill closure; (4) To repair, replace, rehabilitate, modernize and extend the solid waste management system and the wastewater collection, disposal and treatment system including the financing on a self-sustained basis of all related capital and operating expenses; (5) To create a sludge or bio-solids disposal program, including locating a suitable site and constructing the necessary facilities; (6) To develop and implement programs for septic system leak detection, reduction of infiltration and inflow and compliance with the permit limits for the service area of the Authority pursuant to the guidelines of the United States Environmental Protection Agency; (7) To establish and administer equitable charges and fees for services consistent with the objectives of the Federal Solid Waste Disposal AFederal Solid Waste Disposal Act HazaTerritorial Solid and Hazardous Waste Management Act improve the quality of the environment and to develop and implement the Authority plans for the Territory solid waste management and wastewater management systems; (8) To participate in the programs of the Federal Government, and any Federal departments and agencies in the fields of their authorized activities, including the receipt and administration of grants and loans, and consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the policies and purposes of this chapter; (9) To establish a septic system program that would provide an inspection and pump-out program; and (10) To do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the Virgin Islands. (b) The Authority shall have control of, jurisdiction over, and ownership of all solid waste generated in the Territory, and shall be responsible for oversight of this solid waste including the collection, disposal, and associated administrative activities, coordinating with the Department of Planning and Natural Resources for medical waste or waste that is classified as hazardous waste under United States Environmental Protection Agency, Subtitle C of the Resource Conservation and Recovery Act (RCRA), or any successor provision. The Authority may enter into contracts with persons for the performance of functions related to solid waste collection and disposal, including operations and closure of landfills, provided such contracts comply with all applicable territorial and federal laws and regulations, including the regulations of the United States Environmental Protection Agency and the Department of Planning and Natural Resources. (c) The Authority shall: (1) Develop a public education program on the need for and the benefits of litter control and beatification efforts in the Territory; (2) In conjunction with the Department of Public Works, develop a system for regular roadside cleanup; (3) Develop a program for beautification of public property, roads and highways through the planting and maintenance of flowers, plants and trees; (4) Coordinate with the Virgin Islands Police Department and the Department of Property and Procurement an effective program for the continuous removal and disposal of abandoned vehicles pursuant to title title 2049chapter 49Code; and (5) Consider recovery and use of recyclable materials and adopt regulations describing recyclable materials. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 221; amended Aug. 12, 2004, No. 6679, § 1(c), Sess. L. 2004, p. 221.

Wastewater (a) Solid waste shall become solid waste when it is placed into recognized receptacles, dumpsters, or other containers, including solid waste collection vehicles, that are identified for or clearly associated with solid waste collection whether directly or by inference, and whether the solid waste is privately or publicly generated and/or collected, and/or whether the receptacle, dumpster, or other container is privately or publicly owned. Solid waste may also include solid waste brought to a solid waste transfer station, disposal facility, or other solid waste management facility or site that has been designated by the Authority as a solid waste collection point. Solid waste may also include materials left along roadsides for pickup according to the Authority's directives and, at the discretion of the Authority, vehicles, boats, or other materials that have been abandoned or discarded so as to create a public nuisance and/or health hazard. The Authority shall have regulatory authority over all solid waste recycling facilities, businesses, and operations located within the Territory, whether new or existing, with the exception of residential composting operations. In exercise of such regulatory authority, the Authority may promulgate guidelines or requirements that are available and/or applicable to persons, including the issuing of permits, licenses, or contracts for recycling activities and other recycling business enterprises. (b) The Authority shall have control and jurisdiction over all wastewater entering the Authority's wastewater system, starting from the point of entry into the Authority's wastewater system, and shall determine the types of waste to be discharged into the Authority's systems, consistent with Virgin Islands and Federal laws. The Authority may enter into contracts with persons for the performance of functions related to wastewater management and treatment provided such contracts comply with all applicable Virgin Islands and Federal laws and regulations, including the regulations of the United States Environmental Protection Agency. (c) The Authority shall have control and jurisdiction over all new and/or existing septic systems, including their field lines from the point of wastewater entry into the septic system, once the septic system is installed and wastewater begins flowing into the septic system. (d) The Authority shall have control, jurisdiction over, and responsibility for the management of all wastewater liquids and/or solids, sludge or bio-solids removed from all new and/or existing septic systems, including, but not limited to, wastewater removed by private or public entity, except solids and liquids that can be classified as hazardous waste in accordance with Virgin Islands and Federal laws. The Authority shall provide for the regulation of private sector companies providing wastewater removal and transportation services from septic systems or portable toilets, including private sector wastewater treatment, handling and/or disposal facilities. (e) No person shall willfully discharge wastewater liquids and/or solids, sludge or bio-solids into the wastewater collection and/or treatment systems operated and maintained by the Authority without prior approval of the Authority and payment of required fees, as established by the Authority. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 224.

Authority (a) The powers of the Authority shall be exercised by the Board of Directors, as established under section 497 of this chapter. Four members of the Board shall constitute a quorum for the purpose of organizing and conducting the business of the Authority. No absence or vacancy on the Board shall prevent it, once there is a quorum, from exercising all its rights and performing all its duties. (b) The Executive Director shall be authorized to attend all meetings of the Board but shall not be entitled to vote. The Executive Director shall be removable by the Board but only for cause and after notice and an opportunity to be heard. (c) The Board shall appoint, in addition to the Executive Director, a Secretary and Treasurer of the Authority. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agents or employees of the powers and duties of the Authority as the Board may deem proper. (d) The Executive Director shall administer the affairs of the Authority including matters related to the day- to-day operations, contracting, procurement, administration and personnel including the hiring of such officers, agents, or employees, permanent or temporary, and by contract such operating personnel, consulting engineers, superintendents, managers, fiscal, legal and other technical experts, and others, as may be deemed necessary, and shall determine their qualifications, duties, tenure and compensation. The Executive Director shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience and other qualifications best suited to carrying out the purposes of the Authority. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 225.

History: Repealed. Dec. 22, 2007, No. 6977, §12, Sess. L. 2007, p. 208.

Exemption; Terms and Conditions (a) By authority of the Government of the Virgin Islands under section 8(b)(i) of the Revised Organic Act of 1954, as amended, the Authority is authorized to issue bonds from time to time in such principal amounts which, in the opinion of the Authority, are necessary to provide sufficient funds to finance and refinance its projects and facilities, including, but not limited to, all costs for developing and designing projects and facilities, to pay interest on its bonds for such period as the Authority may determine, and to pay such other expenses of the Authority, including, but not limited to, working capital, which are incidental, necessary or convenient to execute its corporate purposes and powers, and to pay any costs of issuance and to establish reserves to secure such bonds; except that the Authority may not issue and have outstanding, at any one time, excluding bonds issued solely for the purpose of exchanging the same in return for the cancellation of bonds either issued by the Authority or assumed by it, bonds in excess of Four Hundred Fifty Million Dollars ($450,000,000.00), in aggregate principal amount, in addition to all sums that the Legislature has authorized or may authorize separately for particular purposes; and provided further, that refunding bonds of the Authority issued solely for the purpose of applying the proceeds thereof to the payment for, or purchase of, bonds issued by the Authority or assumed by it, shall not be included in computing any such limitation. (b) Bonds issued by the Authority may be issued as general obligations of the Authority or as special obligations of the Authority payable solely from particular revenues or funds, as may be provided for in any trust agreement or bond resolution, or other agreement securing bonds. The Authority also may provide by resolution of the Board for the issuance from time to time of temporary notes in anticipation of the revenues to be collected or received by the Authority, or in anticipation of other receipts, grants or aid. The issuance of such notes shall be governed by the provisions of this chapter relating to the issuance of bonds (other than temporary notes) by the Authority, as the same may be applicable. The Authority may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The Authority also may provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. (c) Payment of the bonds of the Authority may be secured by a pledge or lien on all or any part of its properties, contracts, gross or net rates, fees, revenues, other income or bond proceeds to which the rights of the Authority then exist or may thereafter come into existence or by pledge of or lien on any loan, grant or contribution, or parts thereof, from the Federal Government, or any department or agency thereof, or the Government of the Virgin Islands. It is the intention hereof that any pledge of revenues or other monies, or of a revenue-producing contract or contracts made by the Authority shall be valid and binding from the time when the pledge is made; that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contracts or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created need be recorded. (d) In accordance with Section 8(b) of the Revised Organic Act of 1954, as amended, the bonds of the Authority, their transfer and income therefrom, including any gains obtained from their sale, shall, to the maximum extent permitted by law, be exempt from the payment of all taxes, licenses or fees imposed by the Government of the Virgin Islands, or by any political subdivision thereof, or by any state, territory or possession, or by the District of Columbia. (e) Bonds of the Authority shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of 1954, as amended, or such other provisions of applicable Federal law as may be in effect at the time. Except as otherwise provided for by said Act or other Federal law, bonds of the Authority may be issued in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members or officers in such manner, be payable in such medium of payment, at such times and place or places (within or without the Territory of the Virgin Islands), may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as such resolutions or trust agreements may provide. At the discretion of the Board, any bonds issued hereunder may be secured by a bond resolution or trust agreement or other agreement in such form and executed in such manner as may be determined by the Board. Such agreement may be between the Authority and the purchasers or holders of such bonds, or between the Authority and a corporate trustee, as hereinafter provided. Such bond resolution or trust agreement or other agreement may contain such provisions for protecting and enforcing the rights, security and remedies of the bondholders as may be reasonable and proper, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities, restrictions on the individual right of action by bondholders, and covenants setting forth the duties of, and limitations on, the Authority in relation to the acquisition, construction, improvement, enlargement, alteration, maintenance, use, operation, insurance and disposition of its systems and facilities, the custody, investment and application of its moneys and funds, the issuance of additional and refunding bonds, the fixing, revision and collection of rates and charges, the establishment of reserves, and the making and amending of contracts. At the discretion of the Board, any bonds issued under the authority of this chapter may be issued by the Authority in the form of lines of credits or other banking arrangements under such terms and conditions, not inconsistent with this chapter, as the Board may determine to be in the best interests of the Authority. In addition to other security provided herein or otherwise by law, bonds issued by the Authority may be secured, in whole or in part, by financial guarantees, by insurance, or by letters of credit issued to the Authority or a trustee or any other person, by any bank, trust company, insurance or surety company or other financial institution, and the Authority may pledge or assign, in whole or in part, the property, revenues and funds to be received by the Authority, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the Authority, and the proceeds thereof, as security for such guarantees or insurance, or for the reimbursement by the Authority to any issuer of such letter of credit of any payments made under such letter of credit. (f) The bonds shall be sold at public or private sale, and otherwise in such manner as permitted by the Revised Organic Act of 1954, as amended, or other applicable Federal law, at such price as the Authority may determine. (g) In case any of the members or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued by the Authority pursuant to this chapter shall be negotiable for all purposes, subject to the provisions of bonds for registration. (h) Neither the members of the Authority nor any person executing the bonds shall be personally liable on the bonds or be subject to any liability by reason of the issuance thereof. (i) Any trust agreement or resolution securing the bonds shall provide that any such bonds may contain a statement to the effect that they were issued pursuant to the provisions of this chapter, and any bond containing such statement under the authority of any such trust agreement or resolution shall be conclusively deemed to be valid and to have been issued pursuant to the provisions of this chapter. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 229.

(a) The Authority is authorized to issue refunding bonds of the Authority for the purpose of refunding those bonds in effect and outstanding at that time which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or accruing as of the redemption or maturity date of such bonds and, if deemed advisable by the Authority, for any of the purposes for which it may issue bonds. The issuance of such bonds, the maturities and other pertinent details, the rights of the bondholders, and the rights, duties and obligations of the Authority with regard thereto shall be governed by the provisions of this chapter concerning the issuance of bonds insofar as such provisions shall be applicable. Refunding bonds issued under this section may be sold or exchanged for outstanding bonds issued under this chapter, and, if sold, the proceeds thereof may be applied, in addition to any other authorized purpose, to the purchase, redemption or payment of such outstanding bonds in effect, and may be invested pending such application. Refunding bonds may be issued, at the Authority's discretion, at any time on or before the date of maturity or maturities, or the date selected for the redemption of the bonds being refunded. (b) At the discretion of the Authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the Authority and any bank or trust company described in the following subsection, which may be a bank or trust company within or without the Territory of the Virgin Islands. (c) It shall be lawful for any bank or trust company incorporated under the laws of the Government of the Virgin Islands, the Federal Government or any state of the United States of America which may act as depository of the proceeds of the bonds, revenues or other moneys, to provide such indemnity bonds or to pledge such securities as may be required by the Authority. In addition to the above, the trust agreement shall contain all such provisions as the Authority may deem reasonable and proper for the protection of the bondholders. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 233.

Funds The bonds of the Authority shall be lawful investments, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Government of the Virgin Islands or any officer or officers thereof. Except for the bonds issued pursuant to the provisions of sections 500f and 500g of this chapter, the bonds issued by the Authority shall not constitute an indebtedness of the Government of the Virgin Islands, nor of any of its political subdivisions, and neither the Government of the Virgin Islands, nor any of its political subdivisions, shall be liable therefore, and such bonds shall be payable solely out of those funds pledged for the payment thereof. Bonds issued under the provisions of this chapter, except for the bonds issued pursuant to the provisions of sections 500f and 500g of this chapter, shall recite that neither the Government of the Virgin Islands, nor of any of its political subdivisions, shall be obligated to pay the same and that neither the Government of the Virgin Islands, nor any of its political subdivisions is pledged to the payment of the principal of or interest on such bonds. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 234; amended Aug. 12, 2004, No. 6679, § 1(f), Sess. L. 2004, p. 234.

(a) All property, including funds of the Authority, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon its property; except, that this subsection shall not apply to or limit the right of bondholders to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rates, fees, revenues, or other income or any other funds. (b) The purpose for which the Authority is created and shall exercise its powers being public purposes, the Authority shall be exempt from the payment of all taxes and other fees imposed by the Government of the Virgin Islands or any political subdivision thereof on the properties of the Authority and those under the jurisdiction, authority, control, domain, possession or supervision of the Authority, and on the income derived from any of the Authority's undertakings or activities. This exemption shall not be transferable to any contractor of the Authority. (c) No judgment may be rendered against the Authority in excess of $75,000 in any suit or action against the Authority with respect to any injury to or loss of property or personal injury or death that: (1) is caused by the negligent or wrongful act or omission of an employee of the Authority while acting within the scope of the employee's employment under circumstances where the Authority, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (2) occurs in connection with the use of the Authority's facilities. (d) Paragraphs (1) and (2) of subsection (c) do not apply if the injury, loss of property or death is caused by the gross negligence of an employee of the Authority while the employee is acting within the scope of employment. (e) The Authority consents to have the liability determined in accordance with the same rule of law as applied to actions in the courts of the Virgin Islands against individuals or corporations. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 235; amended Dec. 6, 2013, No. 7574, § 13, Sess. L. 2013, p. 284.

Authority; Loans and Grants (a) For the purpose of assisting the Authority with its financing, the Government of the Virgin Islands, to the extent permitted by the Revised Organic Act of 1954, as amended, or any other applicable federal law, may- (1) guarantee payment of the bonds of the Authority, both as to principal and interest; and (2) employ its funds in the purchase of the bonds of the Authority, notwithstanding any provision of any law to the contrary. (b) For the purpose of raising funds to be granted or loaned to the Authority to construct, improve, extend, better, repair, reconstruct, acquire and equip any part of the Authority's solid waste and wastewater management systems, the Government of the Virgin Islands may- (1) borrow money, make and issue bonds or other evidence of indebtedness, and secure such bonds or other obligations by pledge of the Government's credit and taxing power, as provided for in section 500f of this chapter; and (2) make or issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued, guaranteed or assumed by it in pursuance of this section. (c) For the purpose of assisting the Authority in complying with its responsibilities and obligations under this chapter, and to aid in the establishment of and transition to the Authority, the Legislature of the Government of Virgin Islands may provide to the Authority a subsidy by appropriation, initially, from the environmental user fees, and sewer user fees. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 235.

United States Virgin Islands Pursuant to Section 8(b)(ii) of the Revised Organic Act of the Virgin Islands, as amended, the issuance of general obligation bonds or other obligations by the Government of the Virgin Islands is hereby authorized and approved, as the Governor may deem necessary and advisable, subject to the same qualifications upon said limitation as are set forth in section 500b of this chapter. To the extent consistent with Section 8(b) (ii) of the Revised Organic Act of the Virgin Islands, as amended, or any other applicable Federal law, the provisions of subsections (c) through (h) of section 500b of this chapter shall apply equally to the bonds of the Government of the Virgin Islands and all powers thereby vested in the Authority, its Board, members, officers and other persons shall apply instead to the Governor of the Virgin Islands and his designee or designees, who shall be officers or employees of the Government of the Virgin Islands; except that the bonds of the Government of the Virgin Islands shall be issued by a written declaration or declarations of the Governor which shall provide for public or private sale of the bonds and for their redemption with or without premium, and shall contain such other provisions as may be deemed necessary or desirable for the protection of the bondholders and the security of the bonds. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 236; amended Aug. 12, 2004, No. 6679, § 1(g), Sess. L. 2004, p. 236.

(a) For the purpose of further aiding the Authority in developing and maintaining the Virgin Islands solid waste and wastewater management systems and services, the Government of the Virgin Islands or any political subdivision thereof may, at the request of the Authority and upon such terms, with or without consideration, as said Government or political subdivision shall determine, dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or any rights or privileges therein to the Authority; and cause services of the character which it is otherwise empowered to render to be furnished to the Authority. (b) Any sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notices, advertisement or public bidding, notwithstanding any other laws to the contrary. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 237; amended Aug. 12, 2004, No. 6679, § 1(h), Sess. L. 2004, p. 237.

(a) All monies of the Authority shall be deposited in qualified depositories for funds of the Government of the Virgin Islands, but they shall be kept in separate accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Board. Notwithstanding the provisions of this subsection, the Authority shall have power to contract with the holders of any of its bonds as to the custody, collection, investment and payment of any monies of the Authority, or any monies held in trust or otherwise for the payment of bonds or in any way to secure bonds, and deposits of such monies may be secured in the same manner as monies of the Authority. (b) The Authority shall account to the Government of the Virgin Islands in accordance with applicable law for all funds which the Government may furnish to the Authority by loan or grant. The Authority shall also account to any federal agency, if and in the manner required, for any funds that it may receive from any such agency. (c) The Authority shall establish an accounting system for the proper financial management, control and recording of all expenses and income belonging to or managed or controlled by the Authority. Subject to agreements with bondholders, said system shall segregate the accounts for wastewater and solid waste management functions, make a reasonable allocation of costs that may be common to both functions and, insofar as advisable, otherwise segregate the accounts for different classes of operations, facilities, and activities of the Authority; except, that an internal audit unit shall be established to monitor internal controls of the financial operation of the Authority, and biennially the Authority shall have its accounts and books, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its financial condition examined by a certified public accounting firm who shall report thereon to the Board of the Authority, the Governor, and the Legislature. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 237.

(a) Except as otherwise expressly provided in this chapter, all purchases and contracts for supplies for services, except for professional or expert services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids sufficiently in advance of opening bids for the Authority to secure appropriate notice and opportunity for competition; except, that where the expense estimated to be necessary in connection with the purchase or work does not exceed Fifty Thousand Dollars ($50,000.00) the same may be carried out without advertisement for bids. Advertisement for bids shall not be required, however, when- (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or services are required for supplies or service previously furnished or contracted for; or (3) professional, financial (including financial printing) or other expert services or work are required and the Authority shall deem it best in the interest of good administration that contracts therefore be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under law; in such case the purchase of such materials, supplies, or equipment, or procurement of such services, may be made in the open market in the manner usual in commercial practice. In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder's ability to perform construction work of the kind involved in the construction contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; and the time of delivery or performance offered. Notwithstanding the foregoing, the Authority shall be exempt from complying with any of its bidding requirements for the procurement of construction, purchase, or any other types of contracts when it is deemed necessary and convenient to comply with the public purposes of this chapter and is so authorized by the Board of Directors in each particular case by a resolution to such effect. Said resolution shall state the circumstances that justify that the Authority may be exempted from the bidding requirements. A copy of said resolution shall be submitted to the Office of the Secretary of the Legislature within five (5) working days after the Board adopts said resolution. (b) Any contract, purchase agreement, or other instrument of sale accepted by the Authority for construction of a wastewater transportation system, pumping facility, treatment facility or solid waste management facility may, at the direction of the Authority, contain an enforceable performance guarantee by the seller that the completed system will produce as specified in the accepted contract, purchase agreement, or other instrument of sale. The seller may, at the direction of the Authority, be required to provide, in addition to any guarantee, a detailed plan for engineering maintenance supervision and give assurances satisfactory to the Authority that such plan, if implemented, will enable the system to be operated as specified and during the life anticipated in the contract, purchase agreement, or other instrument of sale. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 238.

The Authority shall submit to the Legislature and to the Governor of the Virgin Islands, within 30 days after the close of each fiscal year of the Government of the Virgin Islands (1) a financial statement and complete report of the business of the Authority for the preceding fiscal year, and (2) a complete report on the status and progress of all of its facilities and activities since the creation of the Authority or the date of its last such report. The Authority shall also submit to the Legislature and to the Governor, at such other times as may be required, official reports of its business and activities under this chapter. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 240.

The Government of the Virgin Islands does hereby pledge to contract and agree with any person, firm or corporation, or any Federal, Virgin Islands or state agency, subscribing to or acquiring bonds of the Authority or of the Government of the Virgin Islands issued for the purposes of this chapter, that it obligates itself not to limit or alter the rights or powers hereby vested in the Authority or the Government, as the case may be, until all such bonds at any time issued, together with the interest thereon, are fully met and discharged. The Government of the Virgin Islands does further pledge to contract and agree with any federal agency that, in the event any such agency shall construct, extend, improve, or enlarge or contribute any funds for the construction, extension, improvement, or enlargement of any facilities, the Government of the Virgin Islands will not alter or limit the rights or powers of the Authority in any manner which would be inconsistent with the continued maintenance and operation of such facilities or the extensions, improvement, or enlargement thereof, or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency; and the Authority shall continue to have and may exercise all rights and powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purpose of any federal agency in constructing, History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 240.

(a) Except as otherwise provided by this chapter, no officer, board, commission, department or other agency or political subdivision of the Government of the Virgin Islands shall have jurisdiction over the Authority in the management and control of its properties and facilities, or any power to require a certificate of convenience or necessity, license, consent, or other authorization in order that the Authority may acquire, lease, own and operate, construct, maintain, improve, extend or enlarge any facility; provided, however, that the rates, surcharges, fees, other charges, and environmental user fees established by the Authority pursuant to section 500a of this chapter [now repealed] shall be subject to the regulations of the Public Services Commission of the Virgin Islands pursuant to Chapter 1, Title 30, of this Code. (b) Nothing contained in subsection (a) may be construed to preclude the Virgin Islands Public Services Commission from exercising jurisdiction to regulate the Authority as a public utility subject to the Commission's regulatory authority pursuant to title 30, Chapter 1 of the Virgin Islands Code. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 241; amended Aug. 12, 2004, No. 6679, §§ 1(i) and 1(j), Sess. L. 2004, p. 153; amended Aug. 3, 2021, No. 8471, § 9, Sess. L. 2021, p. 120.

Nothing in this chapter shall be construed as exempting the Authority from any law made specifically applicable thereto including the license, consent and authorization requirements by the Department of Planning and Natural Resources generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on, or after the effective date of this chapter; except, that no such law enacted after the date of enactment of this chapter shall prevent or interfere with the Authority's carrying out its obligations and responsibilities under this chapter. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 241; amended Aug. 12, 2004, No. 6679, § 1(i), Sess. L. 2004, p. 153.

Act of 1978 Notwithstanding any provision in this chapter to the contrary, the Authority shall comply with and be subject to all provisions and requirements of Title 12, Chapter 21, of this Code (Virgin Islands Coastal Zone Management Act of 1978, as amended). History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 242; amended Aug. 12, 2004, No. 6679, § 1(i), Sess. L. 2004, p. 153.

(a) Septic systems shall be inspected for compliance with the requirements established by the Authority by duly trained personnel of the Authority and, if not in compliance, the Authority has the authority to require corrective action and, after adequate written notice, to levy fines or other penalties on owners of non- conforming systems. (b) Results of the septic system inspection will be made available to each owner of the non-conforming septic system as soon as the results are available. If found in violation, the owner of the non-conforming septic system will be provided written notice of remedies, the time frame to bring the system into compliance, and the fines or other penalties for continued non-compliance. (c) Before initiation of the septic system inspection process, the Authority shall distribute among its current and new subscribers written information in both the English and Spanish languages describing the inspection and compliance process, including fines or other penalties for non-conforming systems. Information on the Authority's septic system inspection and compliance process will be provided by the Department of Planning and Natural Resources to applicants for building permits that require septic systems. (d) [Deleted.] History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 242; amended Aug. 12, 2004, No. 6679, § 1(i), Sess. L. 2004, p. 153; Mar. 5, 2005, No. 6730, § 58, Sess. L. 2005, p. 137.

If any provisions of this chapter or the application of such provisions to any person or circumstance shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. History: Added Jan. 23, 2004, No. 6638, § 1, Sess. L. 2003, p. 243; amended Aug. 12, 2004, No. 6679, § 1(i), Sess. L. 2004, p. 153.

As used in this subchapter, the following terms have meaning provided in this section: (1) "Authority" means the Virgin Islands Waste Management Authority. (2) "Business" means any commercial enterprise or establishment and all employees of the commercial enterprise or establishment or any independent contractors associated with a business operating in the Virgin Islands, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit. (3) "Customer" means a person who purchases merchandise from a business. (4) "Department" means the Virgin Islands Department of Licensing and Consumer Affairs. (5) "Director" means the Director of the Virgin Islands Waste Management Authority or the Director's designee. (6) "Disposable" means a product that is designed for a single use after which it is disposed of after use and disposed as solid waste. (7) "Drinking straw" means a thin tube for transferring a beverage from its container to the mouth of the drinker; (8) "Mil" means on thousandth of one inch. (9) "Non-recyclable paper bag" means a paper bag that is not a recyclable paper bag. (10) "Plastic Checkout Bag" means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and is made from non-compostable plastic and not specifically designed and manufactured for multiple re-use. The term does not include: (A) bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items; (B) bags used to contain or wrap frozen foods, meat, or fish, flowers, or potted plants, or other items to contain dampness; (C) bags used to protect or transport prepared foods, beverages, or bakery goods; (D) bags provided by pharmacists to contain prescription medications; (E) newspaper bags for home newspaper delivery; (F) door-hanger bags; (G) laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing; (H) bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; (I) bags used to contain live animals, such as fish or insects sold in pet stores; or (J) bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer. (11) "Plastic tubular stirrer" means a thin, plastic straw usually used for stirring coffee, cocktails and other beverages. (12) "Recyclable Paper Bag" means a paper bag that: (A) is one hundred percent recyclable; (B) contains a minimum of forty percent post-consumer recycled content; and (C) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bags. (13) "Reusable" means an item specifically designed and manufactured to be durable and made for multiple reuse." (14) "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiples reuse and is made of: (A) cloth or other washable fabric; or (B) durable material suitable for reuse, including plastic that is at least 2.25 mils thick. History: Added Jan. 1, 2017, No. 7938, § 1, Sess. L. 2016, p. 191, 192; amended Nov. 10, 2018, No. 8133, § 1(a), Sess. L. 2018, p. 254, 255.

(a) All businesses, as defined in paragraph (2) of section 500t, are prohibited from providing disposable, plastic drinking straws and plastic, tubular stirrers, plastic checkout bags and non-recyclable paper bags to their customers at the point of sale for the purpose of transporting groceries or other merchandise. Nothing in this section precludes a business from making available to customers, with or without charge, at the point of sale: (1) reusable bags, or recyclable paper bags for the purpose of transporting groceries or other merchandise; (2) non-recyclable paper bags to protect or transport prepared foods, beverages, or bakery goods; or (3) reusable drinking straws. (b) All businesses identified in section 500t are prohibited from purchasing or importing disposable, plastic drinking straws and plastic tubular stirrers into the Territory. (c) This section does not apply to: (1) Hospitals, nursing homes, hospices, and medical supply retailers; (2) The importation, sale, purchase, or distribution of disposable, plastic drinking straws to a person for whom non-plastic alternatives are unsuitable due to a mental or physical condition that qualifies as a disability pursuant to the Americans with Disabilities Act ( 42 USC § 2102 ). History: Added Jan. 1, 2017, No. 7938, § 1, Sess. L. 2016, p. 193; amended Nov. 10, 2018, No. 8133, § 1(b) (1)-(5), Sess. L. 2018, p. 255.

(a) Beginning April 1, 2017, with respect to plastic bags, and beginning October 1, 2019, with respect to disposable, plastic drinking straws and plastic tubular stirrers, any business violating any provision of this subchapter or any regulation adopted pursuant to this subchapter is subject to: (1) an order to discontinue the distribution of bags, disposable, plastic drinking straws or plastic tubular stirrers prohibited by this subchapter at the point of sale; and (2) a civil fine of not less than $500 nor more than $1,000 for each day of violation. (b) The Authority, the Department or the Department of Planning and Natural Resources may institute a civil action in any court of competent jurisdiction for injunctive or other relief to correct or abate violations of this subchapter or any regulation adopted pursuant to this subchapter to collect civil fines, or to obtain other relief. (c) Any monies collected from fines or other civil penalties assessed to any business found to have violated this subchapter must be allocated as follows: (1) 75 percent to the Virgin Islands Waste Management Authority; and (2) 25 percent to the General Fund of the Treasury of the Virgin Islands. (d) Nothing in this subchapter precludes the Department from enforcing any law, rule, regulation, fine or other penalty under other laws and regulations under the jurisdiction of the Department. History: Added Jan. 1, 2017, No. 7938, § 1, Sess. L. 2016, p. 193; amended Nov. 10, 2018, No. 8133, § 1(c) (1)(A)-(C), (2), Sess. L. 2018, p. 255, 256.

The Authority shall promulgate regulations for the implementation, administration and enforcement of this subchapter. History: Added Jan. 1, 2017, No. 7938, § 1, Sess. L. 2016, p. 193.

The Director shall establish a public education program to disseminate information regarding implementation of this subchapter. The information must include publication of this subchapter and publication of the general benefits of recycling. History: Added Jan. 1, 2017, No. 7938, § 1, Sess. L. 2016, p. 193.

The Legislature finds that the regulation of billboards and similar advertising devices along the public highways of the Virgin Islands is necessary to promote the safety, comfort, security and welfare of the people of this territory, to conserve the natural beauty of areas adjacent to such public highways and to safeguard the economic interest of the people in the tourist potential in the Virgin Islands. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 38.

Except as otherwise provided in this chapter, and from and after the effective date of this chapter, the erection or maintenance of any advertising device upon any publicly owned and controlled street, sidewalk, park or other real property, or the erection and maintenance of any such device located within fifty (50) feet from the center line of any public highway in the Virgin Islands, whether on public or private property, without a written permit therefor granted by the Commissioner of Public Works pursuant to this chapter is prohibited, but in no instance may the advertising device be located less than 10 feet from the outer edge of any such highway or be a changeable electronic variable message sign, or a digital billboard or smartboard that has animation, movement or the appearance or optical illusion of movement of any part of the sign structure. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 38; amended July 22, 1972, No. 3269, § 1, Sess. L. 1972, p. 225; amended May 15, 2018, No. 8051, § 1(a), Sess. L. 2018, p. 76.

(a) The term "advertising device" as used in this chapter shall include any billboards, including digital billboards, smartboards, and changeable electronic variable message signs, sign, notice, poster, display or other device intended to attract or which does attract the attention of operators of motor vehicles on the public highways, and shall, where so determined by the Commissioner of Public Works, include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in connection therewith. (b) As used in subsection (a): (1) "Digital billboard or smartboard" means a type of off-site sign utilizing digital message technology capable of changing the static message or copy on the sign electronically which may be internally or externally illuminated. (2) "Changeable electronic variable message sign" means a billboard that permits light to be turned on and off intermittently or that is operated in a way whereby light is turned in or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including billboards using light emitting diodes, or classified as digital signs, electronic message centers or electronic message boards, and which are capable of varying in intensity or color, but does not include a sign located within the right- of-way that functions as a traffic control device and that is described and identified in the Manual of Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard. (3) "Billboard" means an advertising device larger than 2' x 3'. (4) "Poster" means an advertising device not larger than 2' x 3'. (5) "Sign" means an advertising device not larger than 12" x 18". (6) "Notice" means an advertising device not larger than 12" x 12". History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 38; amended May 15, 2018, No. 8051, § 1(b), Sess. L. 2018, p. 76.

Subject to the approval of the Governor, and after consultation with the Virgin Islands Historic Preservation Commission, the Commissioner of Public Works may from time to time adopt, modify, amend or repeal regulations governing the issuance of permits or renewals thereof for the erection and maintenance of advertising devices. Such regulations shall be designed to effectuate the general purposes of this chapter and the specific objectives and standards hereinafter set forth: (1) To provide for maximum visibility along the public highways; (2) To prevent unreasonable distraction of operators of motor vehicles; (3) To prevent confusion with regard to traffic lights, signs, or signals or otherwise interfere with the effectiveness of traffic regulations; (4) To preserve and enhance the natural scenic beauty or aesthetic features of the aforementioned public highways and adjacent areas; (5) To promote maximum safety, comfort and well-being of users of the said highways. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 38; amended June 24, 1987, No. 5265, § 303(o), Sess. L. 1987, p. 44.

To effectuate the purposes of this act, the Commissioner of Public Works may limit the application of any regulations adopted hereunder to exclude or include in whole or in part- (1) Specified areas along the aforesaid highways based upon use, population, density, nature of the surrounding community, special conditions prevailing therein, or such other factors as may make differentiation or separate classification or regulation necessary, proper or desirable. (2) Particular types or classes of advertising devices based upon size, design, lighting or such other factors as may make differentiation or separate classification or regulation necessary, proper or desirable; (3) The erection or maintenance of advertising devices on particular sections or portions of the aforesaid highways. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 39.

(a) Application for permits or renewals thereof shall be on forms prescribed by the Police Commissioner and shall contain such information as he may require. Any such application for permits or renewals thereof shall be subject to the endorsement of the Commissioner as to conformity with the objectives and standards set forth in subparagraphs (1) through (5) of section 504 of this chapter. A fee of $100 per application for each billboard and digital billboard, $75 for each sign, $50 for each poster, and $20 for each notice must be paid to the Commissioner of Public Works with each initial application subject to refund if the permit is not issued. Each permit shall be valid for a period not exceeding six months. The Commissioner of Public Works may renew each permit for additional six months periods upon the receipt of an application therefor made at least thirty days prior to the expiration date of such permit together with the payment of a fee of $20. All fees paid to the Commissioner of Public Works hereunder shall be remitted by him to the Commissioner of Finance for coverage into the Treasury of the Virgin Islands in accordance with the provisions of section 510 of this chapter. (b) [Deleted]. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 39; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; July 10, 1998, No. 6248, § 2(a), Sess. L. 1998, p. 398; amended May 15, 2018, No. 8051, § 1(c)(1), (2), Sess. L. 2018, p. 77.

(a) The permit or renewal thereof shall be revocable at any time by the Commissioner of Public Works on thirty days' notice to the permittee. Any advertising device erected or maintained after the effective date of this chapter in violation of this chapter or any regulation adopted hereunder is hereby declared to be, and is, a public nuisance and such device may without notice be abated and removed by any officer or employee of the Department of Public Works or upon request of the Commissioner of Public Works by any peace officer. (b) Any advertising device which may be erected or maintained in accordance with the provisions of subsections 508(3) and 508(5) of this chapter or similar exceptions of temporary duration shall be removed by the erector within fourteen (14) days following the event so advertised. No association, corporation, organization, person or other entity shall while in violation of this subsection erect or maintain any advertising device within the Virgin Islands. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 40; amended July 22, 1972, No. 3269, § 2, Sess. L. 1972, p. 225.

The Commissioner of Public Works by regulation may exclude from the coverage of this chapter advertising devices which he finds do not interfere with safety on the aforesaid public highways or contravene any of the other standards set forth in this chapter, including, but not limited to the following: (1) Advertising devices which are to be erected or maintained on property for the purpose of setting forth or indicating- (A) The name and address of the owner, lessee or occupant of such property, or (B) The name or type of business or profession conducted on such property, or (C) Information required or authorized by law to be posted or displayed thereon. (2) Advertising devices which are not visible from any traveled portion of the aforesaid public highways; (3) Advertising devices indicating the sale or leasing of the property upon which they are placed; (4) Directional or other official signs and signals erected or maintained by the Government of the Virgin Islands, or any department or agency thereof; (5) [Deleted]. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 40; amended July 10, 1998, No. 6248, § 2(b), Sess. L. 1998, p. 398; amended May 15, 2018, No. 8051, § 1(d), Sess. L. 2018, p. 77.

Nothing in this chapter shall be construed to abrogate or affect the provisions of any applicable federal or territorial laws, rules or regulations which are more restrictive concerning advertising devices than the provisions of this chapter or of the regulations adopted hereunder. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 41.

All fees transmitted to the Commissioner of Finance in accordance with section 506 of this chapter, and all fines imposed by the courts for violations of this chapter or regulations hereunder shall be covered by the Commissioner of Finance into the "Road Fund" established by 33 V.I.C. § 3002. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 41.

Whoever violates or refuses to comply with any provision of this chapter or of any rule or regulation issued hereunder shall be fined not more than $50.00 for each and every such violation or act of noncompliance, and each day during which such violation or act of noncompliance continues shall constitute a separate offense. History: Added Mar. 18, 1968, No. 2116, Sess. L. 1968, Pt. I, p. 41; amended July 22, 1972, No. 3269, § 3, Sess. L. 1972, p. 226.

(a) The powers conferred by this chapter are for public uses and purposes and are proper governmental functions for which public money may be expended, private property may be acquired, by eminent domain or otherwise, property may be exchanged, leased, mortgaged, assigned, sublet, or sold, and bonds or other obligations may be issued pursuant to section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, or any other such authority as may hereafter be conferred by Federal Law, or by the laws of the Virgin Islands. (b) The provisions enacted in this chapter are hereby declared to be necessary in the public interest, and the facilities herein authorized are declared to be public improvements and public undertakings. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) The term "Authority" shall mean the Virgin Islands Port Authority created by this chapter. (b) The term "Board" shall mean the Governing Board of the Authority. (c) The term "Bonds" shall mean the bonds, temporary bonds, refunding bonds, debentures, notes, interim bonds, receipts, certificates, or other evidences of indebtedness or obligations which are authorized to be issued by this chapter, but shall not include the debts or accounts incurred in the usual course of business for expenses of the Authority. (d) The term "Holder of bonds" or "Bondholders" or any similar term shall mean any person who shall be the bearer of any outstanding bond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. (e) The term "Federal agency" shall mean the United States of America, the President or any department thereof, or any corporation, agency or instrumentality heretofore or hereafter created, designated, or established by the United States of America. (f) "Air terminals" shall mean developments consisting of runways, hangars, control towers, ramps, buildings, structures, parking areas, improvements, facilities or other real and personal property necessary, convenient or desirable for the landing, taking off, accommodation and servicing of aircraft of all types, including but not limited to airplanes, airships, dirigibles, helicopters, gliders, amphibians, seaplanes, or any other contrivance now or hereafter used for the navigation of or flight in air or space, operated by carriers engaged in the transportation of passengers or cargo, or for the loading, unloading, interchange or transfer of such passengers or their baggage, or such cargo, or otherwise for the accommodation, use or convenience of such passengers, or such carriers or their employees or of the persons visiting the airports, or for the landing, taking off, accommodation and servicing of aircraft owned or operated by persons other than carriers, as well as property acquired by the Government of the Virgin Islands to be used for air facilities. (g) "Marine terminals" shall mean developments consisting of one or more public piers, wharves, docks, bulkheads, slips, basins, sidings or other buildings, structures, equipment, facilities or improvements, or other real or personal property, necessary or convenient to the accommodation of steamships, tugs, freighters, boats or other sea going vessels and their cargoes or passengers. (h) "Industrial, commercial, residential and recreational development" shall mean developments, consisting of warehouses, quarries, cement block plants, sewage disposal plants, public dumps, parking areas, wholesale and retail outlets, hotels, motels, apartments, guesthouses, restaurants, office buildings, and related activities. (i) "Facility" shall mean an air terminal, marine terminal or an industrial, commercial, residential and recreational development, or any two or more of them collectively. (j) Words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, partnerships of all kinds and corporations. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) The body corporate and politic constituting a public corporation and autonomous governmental instrumentality for the Government of the Virgin Islands by the name of the Virgin Islands Port Authority which existed prior to the date of enactment of this subsection is continued without interruption under a revised Board of Governors consisting of the Commissioner of Tourism, the Attorney General, the Commissioner of Public Works, and the Chairman of the Economic Development Authority and five other persons appointed by the Governor with the advice and consent of the Legislature. The Board shall elect, by a majority vote, a member of the Board to serve as the chairman. (b) The term of office of each appointed member shall be three years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. Appointive members may be removed for cause by the Governor. (c) Of the five appointed persons, two shall be residents of the Island of St. Thomas, two shall be residents of the Island of St. Croix, and one shall be a resident of the Island of St. John. (d) Governmental members of the Authority shall be entitled to no compensation for their service as members. Nongovernmental members shall be entitled to compensation at the rate of $50.00 per day or fraction thereof spent in the work of the Authority. All members shall be entitled to reimbursement for, or per diem in lieu of, necessary travel expenses. (e) The Authority hereby created is and shall be a governmental instrumentality subject, as provided for herein, to the control of the aforementioned members, acting in their capacity as members of the Governing Board thereof, but it is a corporation having legal existence and personality separate and apart from the Government and the officers controlling it. The debts, obligations, contract, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and property of the Authority shall be deemed to be those of said Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, offices or employee thereof. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 391; amended Jan. 21, 1970, No. 2611, § 1, Sess. L. 1969, p. 427; May 28, 1971, No. 3057, §§ 1-3, Sess. L. 1971, p. 214, 215; Oct. 11, 1979, No. 4366, § 3, Sess. L. 1979, p. 208; June 1, 1984, No. 4951, § 2, Sess. L. 1984, p. 153; Dec. 4, 1985, No. 5116, § 1, Sess. L. 1985, p. 167; Sept. 28, 1990, No. 5636, § 1(k), Sess. L. 1990, p. 347; Dec. 28, 1990, No. 5666, § 5(a), Sess. L. 1990, p. 471; Feb. 1, 2001, No. 6390, § 20, Sess. L. 2000, p. 421; July 31, 2004, No. 6677, § 14, Sess. L. 2004, p. 64.

(a) The powers of the Authority shall be exercised by a Governing Board consisting of the members of the Authority acting as a board. Within one hundred and twenty (120) days after this chapter becomes effective, the Board shall meet at the call of the Governor and organize, elect a Chairman, Vice Chairman, and, as soon as practicable, shall appoint an Executive Director of the Authority who shall be authorized to attend all meetings of the Board but shall not be entitled to vote. (b) Five members of the Board shall constitute a quorum for the purpose of organizing the Authority and conducting the business thereof and for all other purposes, and all action shall be taken by a vote of the majority. (c) The Board shall appoint in addition to the Executive Director of the Authority, such other officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, enforcement officers, fiscal, legal and other technical experts, as it may deem necessary and shall determine their qualifications, duties, tenure and compensation. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agent or employees of such of the powers and duties of the Authority as the Board may deem proper. The Board shall at all times provide for the appointment of an officer or officers who shall perform the duties of the harbor master as prescribed by section 708 of Title 12, Virgin Islands Code (the Oil Spill Prevention and Pollution Control Act), which officer may be delegated such additional duties as the Board may provide. (d) The Executive Director shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Executive Director shall be removable by the Board but only for cause and after notice and an opportunity to be heard. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended May 28, 1971, No. 3057, § 4, Sess. L. 1971, p. 215; Mar. 11, 1974, No. 3538, § 2, Sess. L. 1974, p. 52; June 6, 1988, No. 5341, § 4, Sess. L. 1988, p. 163.

The purposes of the Authority shall be to establish, acquire, construct, develop and improve, own, operate and manage any and all types of air and marine terminals; to control the harbors of the Virgin Islands other than controlling the mooring and anchoring of vessels as defined in Title 25, chapter 16, Virgin Islands Code; and to make available the benefits thereof in the widest economic manner, thereby promoting the general welfare and increasing commerce and prosperity. The Authority is granted and shall have and may exercise all rights and powers necessary or convenient for carrying out the aforesaid purposes, including but without limiting the generality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter, and use a corporate seal which shall be judicially noticed; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (4) to sue and be sued in its corporate name; (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (6) to acquire by any lawful means (except by exercise of the power of eminent domain), own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate any property or interest therein; and to sell, lease, exchange, transfer, assign, mortgage, pledge, grant or otherwise dispose of, or encumber, such property or any interest therein. In no case shall the Authority have the power to sell, assign, mortgage, pledge, grant or otherwise dispose of or encumber any real property, franchise, concession, privilege or right of any interest therein without the approval of the Legislature (or the Committee of the Finance of the Legislature when the Legislature is not in Session), and the Governor; (7) to acquire through condemnation real property and any other property or rights necessary for carrying out the purposes of the Authority when the approval of the Governor and the Legislature has been obtained prior to bringing any action for condemnation; (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and to give security therefor as provided for in subchapter III of this chapter; (9) to make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it; (10) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with, any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; (11) to invest or at its discretion contract with the Virgin Islands Public Finance Authority to invest funds pursuant to section 919 THIRD (E) funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands; (12) to determine, fix, alter, charge, and collect reasonable rates, fees, rentals, ship's dues and other charges for the use of the facilities of the Authority, or other services or commodities rendered or furnished by it, which shall be at least sufficient, together with all other available moneys, revenues, income, appropriations, and receipts of the Authority from all sources, for the payment of the expenses of the Authority incurred in the conservation, development, improvement, extension, repair, maintenance, use and operation of its facilities and properties, for the payment of the principal of and the interest on its bonds and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority; provided, that in fixing rates, fees, rentals, and ship's dues, and other charges, the Authority shall have in view the encouragement of the widest economically possible diversified use of its facilities consistent with sound fiscal management; and in this connection it is the intention of the Legislature that in fixing such rates, fees, rentals and other charges the Authority shall take into account the respective expenses, as hereinbefore enumerated in this subparagraph, for the operations of its facilities; provided, further, that initially, the rates, fees, rentals, ship's dues, and other charges for the use of the facilities transferred hereunder existing and in force and effect on the effective date of this chapter shall continue in force and effect and that, thereafter, before changes in the general rate structure for the use of its facilities are made, or, in cases where the Board shall decide to make such changes and deems the immediate effectiveness thereof to be necessary, then within a reasonable time after such changes are made, a public hearing shall be held with respect thereto before the Board or before such hearing officer or officers as the Board may designate to give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon such hearing the Board, pursuant to the powers, duties, and obligations vested in it by this chapter, may alter, suspend, or revoke such changes; (13) to have complete control and supervision of facilities and properties constructed or acquired by it, including police powers conferred upon the Port Authority Enforcement Officers the authority to arrest persons, issue and enforce in the District or Superior Courts of the Virgin Islands citations and warrants for violations of orders, rules and regulations and the laws of the Government of the United States and the Government of the Virgin Islands, payable to the violations clerk of the Superior Court of the Virgin Islands; and the power to determine the character of, and necessity for, all expenditures and the manner in which they shall be incurred, allowed and paid, and such determination shall be final and conclusive for all purposes; (14) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates; (15) to acquire in accordance with subsection (6) of this section, produce, impound, develop, treat, hold, use, transmit, distribute, supply, exchange, sell, rent and otherwise dispose of equipment, and/or such other things, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto, by contract or contracts and/or under, through, or by means of its officers, agents, and employees; (17) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the United States Virgin Islands; (18) to participate in the programs of any Federal agencies in the fields of its authorized activities and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the policies and purposes of this chapter; (19) to establish a self-insurance program that insures risks for its marine, aviation and commercial assets. The authority to establish a self-insurance program must be liberally construed to grant the Port Authority maximum flexibility in self-insuring to the extent the self-insurance program is operated in a safe and sound manner. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Sept. 18, 1969, No. 2551, § 1, Sess. L. 1969, p. 282; Jan. 21, 1970, No. 2611, § 2, Sess. L. 1969, p. 427; Aug. 26, 1970, No. 2794, Sess. L. 1970, p. 289; May 28, 1971, No. 3057, §§ 5, 6, Sess. L. 1971, p. 215; Aug. 11, 1972, No. 3290, Sess. L. 1972, p. 427; Sept. 11, 1978, No. 4205, § 1, Sess. L. 1978, p. 228; Oct. 23, 1980, No. 4498, § 34, Sess. L. 1980, p. 234; Feb. 1, 1985, No. 5036, § 3, Sess. L. 1984, p. 452; June 6, 1988, No. 5341, § 5, Sess. L. 1988, p. 163; Aug. 23, 1999, No. 6289, §§ 12 1., 12 2., Sess. L. 1999, p. 74; Dec. 2, 1999, No. 6333, § 25, Sess. L. 1999, p. 200; Apr. 12, 2008, No. 6996, § 3, Sess. L. 2008, p. 48; amended Apr. 11, 2022, No. 8565, § 1(a), Sess. L. 2022, p. 139.

(a) Definitions. Unless the context clearly requires otherwise, as used in this subchapter, the term: (1) "Agency" or "Port Authority" means the Virgin Islands Port Authority. (2) "Program Administrator" means the Chief Executive Officer or designee of the Virgin Islands Port Authority. (3) "Self-insurance program" means a formal program of advance funding and management of the Virgin Islands Port Authority's financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract. (b) Insurable assets. (1) The self-insurance program must write insurance only for the Port Authority, as an insured, in regards to those insurable risks or portions of those insurable risks that the Port Authority, in its discretion, considers appropriate and in the best interest of the Port Authority; however, the Port Authority may not self-insure the first party property aspects of its real property assets and the improvements thereon or employee medical, life, and health program. (2) The Port Authority's self-insurance program may cover the following categories: (A) its general liability risk in whole or in part; (B) its motor vehicle liability risk in whole or in part; (C) its third-party injuries; and; (D) any other risk that is not excluded by this section. (c) Management. The Governing Board of the Port Authority has general oversight over the self-insurance program. The Governing Board shall delegate the administrative responsibilities of the self-insurance program to the Program Administrator of the Virgin Islands Port Authority. The Governing Board may adopt such bylaws, rules, and regulations as may be necessary or desirable in administering the self- insurance program. (d) Maintenance of self-insurance program. The agency shall meet the following requirements as a condition of maintaining the self-insurance program: (1) Maintenance of competent and trustworthy persons to service the program. Written notice shall be provided to the Program Administrator before changing the fund's method of fulfilling its servicing requirements; (2) Maintenance of a risk management program; (3) Maintenance of a deposit of cash or securities in the amount of $300,000 in the first year and $200,000 every year thereafter to a restricted account or a surety bond in lieu thereof until a threshold of $600,000 is met; (4) Maintenance of excess insurance in accordance with sound actuarial principles; and (5) Maintenance of appropriate funded loss reserves determined in accordance with sound actuarial principles to the Program administrator. History: Added Apr. 11, 2022, No. 8565, § 1(b), Sess. L. 2022, p. 139-141.

Whoever violates Virgin Islands Port Authority Harbor Regulations promulgated by the Governing Board of the Authority and the Government of the Virgin Islands pursuant to Title 29, section 543, paragraph (3), Virgin Islands Code, and Title 3, chapter 35, Virgin Islands Code, governing the navigation of vessels in Lime Tree Bay Channel, the Hess Oil Virgin Islands Corp. Terminal, the Krause Lagoon Channel, the Martin Marietta Plant Basin and the approaching and connecting waters as defined in such regulations, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $3,000 and, in the discretion of the court, by imprisonment not to exceed 30 days. History: Added Oct. 15, 1976, No. 3885, Sess. L. 1976, p. 204.

Conditions; Etc (a) By authority of the Government of the Virgin Islands under section 8(b)(i) of the Revised Organic Act of the Virgin Islands, as amended, which is hereby granted, the Authority may issue and sell bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging the same in return for the cancellation of bonds either issued by the Authority or assumed by it, bonds not in excess of $350 million, in aggregate principal amount, in addition to all sums that the Legislature of the Virgin Islands has authorized or may authorize separately for particular purposes; provided, however, that refunding bonds of the Authority issued solely for the purpose of applying the proceeds thereof to the payment for, or purchase of, bonds issued by the Authority or assumed by it, shall not be included in computing any such limitation until six (6) months after their sale; and still further provided, that before any facility shall be financed by the issuance of bonds hereunder such facility shall be authorized by Act of the Legislature. (b) Payment of the bonds of the Authority may be secured by a pledge of or lien on all or any part of its properties, contracts, gross or net rates, fees, revenues, other income or bond proceeds to which the rights of the Authority then exist or any thereafter come into existence, or by pledge of or lien on any loan, grant, or contribution, or parts thereof, from any Federal agency, the Government of the Virgin Islands or any other source. It is the intention hereof that any pledge of revenues or other monies, or of a revenue- producing contract or contracts made by the Authority shall be valid and binding from the time when the pledge is made; that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contracts or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Authority shall be exempt as to principal and interest from taxation by the Government of the United States, or by the Government of the Virgin Islands, or by any state, territory, or possession, or by any political subdivision of any state, territory or possession, or by the District of Columbia. (d) Bonds of the Authority shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable Federal law as may be in effect at the time. Except as otherwise provided for by said Act or other Federal law, and all laws of the Virgin Islands, bonds of the Authority may be issued in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members or officers in such manner, be payable in such medium of payment, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as such resolutions or its trust indenture may provide. (e) The bonds shall be sold in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended or other applicable Federal laws or the laws of the Virgin Islands, at such price as the Authority may determine. (f) In case any of the members or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provisions of any law to the contrary notwithstanding, any bonds, issued by the Authority pursuant to this chapter shall be negotiable for all purposes, subject only to the provisions of bonds for registration. (g) Neither the members of the Authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been issued by the Authority to aid in financing a facility as defined in this chapter, shall be conclusively deemed to have been issued for such purpose, and the facility shall be conclusively deemed to have been undertaken, constructed or acquired in accordance with the provisions of this chapter. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Sept. 18, 1969, No. 2551, § 2, Sess. L. 1969, p. 282; May 28, 1971, No. 3057, § 7, Sess. L. 1971, p. 216; Oct. 18, 1988, No. 5365, § 21, Sess. L. 1988, p. 246; amended Apr. 28, 2025, No. 8983, § 1, Sess. L. 2025, p. -.

In any resolution or resolutions authorizing the issuance of bonds, the Authority may contract with the holders of the bonds to undertake and obligate itself of such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and may specifically in addition to any other provisions- (a) covenant as to the disposition of the entire gross or net revenues and present or future income of the Authority including the pledging of all or any part thereof to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Authority or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to be issued as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and provide for the terms and conditions thereof; (d) covenant as to the rates, fees, rentals, and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof; (e) create or authorize the creation of special funds or reserves for moneys held for construction or operating costs, debt service, reserves, or other purposes; and covenants as to the use, disposition and investment of the moneys held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance moneys; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given; (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Authority or any of its covenants, conditions, or obligations, including the right and remedies of bondholders which may be in addition to remedies specified in this chapter; (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Authority, to take possession of and use, operate and manage the Authority or any part or parts thereof or any funds connected the therewith, and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the holders of the bonds; provide for the powers and duties of such trustee or trustees which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state, and limit the liabilities thereof; and provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and (k) exercise all or any part or combination of the powers herein granted; make covenants and to do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) The Authority is authorized to covenant for the right to receivership upon default as hereinafter set forth in paragraphs (b) to (f) inclusive, or to limit such right by definition of default or otherwise, in its agreement with the bondholders. (b) In the event that the Authority shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether it be a default in the payment of the principal and interest or in the payment of interest only at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the Authority or the Board, officers, agents, or employees thereof shall default on any agreement made with the holders of the bonds, any holder or holders of the bonds (subject to any contractual limitation as to a specific percentage of such holders), or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in the Virgin Islands for the appointment of a receiver of the facilities, the income or revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee therefor is seeking or has sought to enforce any other right or to exercise any remedy in connection with such bonds. Upon such application and showing the court may appoint, and if the application is made by the holders of twenty-five (25%) per centum in principal amount of such bonds then outstanding or by trustee for holders of bonds in such principal amount, shall appoint a receiver of such facilities. (c) The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of such facilities and may exclude the Authority, its Board, officers, agents, and employees and all persons claiming under them, wholly therefrom and shall have, hold, use, operate, manage, and control the same, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exercise all the rights and powers of the Authority with respect to such facilities as the Authority itself might do. Such receiver shall maintain, restore, insure and keep insured, such facilities and from time to time shall make all repairs necessary or proper for the conservation of the facilities, shall establish, levy, maintain and collect such rates, fees, and other charges in connection with such facilities as such receiver may deem necessary, proper and reasonable, consistent with the purposes of the receivership and the purposes of this chapter, and shall collect and receive all income and revenues and deposit the same in a separate account and apply the income and revenues so collected and received in such manner as the court shall direct. (d) Whenever all that is due upon the bonds, and interests thereon, and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults in consequence of which a receiver may be appointed shall have been cured and made good, the court may, in its discretion and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of such facilities to the Authority, the same right of the holders of the bonds to obtain the appointment of a receiver to exist upon any subsequent default as hereinabove provided. (e) Such receiver shall act, in the performance of the powers hereinabove conferred upon him, under the direction and supervision of the court and shall at all times be subject to the orders and decrees of the court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of the court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set in this chapter. (f) Notwithstanding anything in this section to the contrary, such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the Authority and useful for its activities, but the powers of any such receiver shall be limited to the operation and maintenance of the facilities of the Authority, and the collection and application of the income and revenues therefrom and the court shall not have jurisdiction to enter any order or decree requiring or permitting said receiver to sell, mortgage, or otherwise dispose of any such assets. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated- (1) by mandamus or other suit, action, or proceeding at law or in equity to compel the Authority and its Board, officers, agents, or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity to require the Authority and the Board thereof to account as if they were the trustees of an express trust; (3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (4) to bring suit upon the bonds. (b) No remedy conferred by this chapter upon any holder of the bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any holder of the bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy, conferred upon the holder of the bonds, may be enforced and exercised from time to time as often as may be deemed expedient. In case of any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the bonds, or any trustee therefor, then and in every such case the Authority and such holder, or trustee, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceeding had been brought or taken. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

The bonds of the Authority shall be lawful investment, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Government of the Virgin Islands or any officer or officers thereof. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) All property including funds of the Authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon its property; provided, however, that this subsection shall not apply to or limit the right of bondholders, or mortgage holders or other lending institutions to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rates, fees, revenues, or other income or any other funds. (b) The purpose for which the Authority is created and shall exercise its powers being public purposes, the property of the Authority, its income and its activities shall be exempt from all taxes and special assessments of the Virgin Islands or any political subdivision thereof. In lieu of taxes, the Authority may agree to make such payments to the Virgin Islands or any political subdivision thereof as it finds consistent with the obligations of the Authority and the achievement of the purposes of this chapter. (c) No judgment may be rendered against the Authority in excess of $75,000 in any suit or action against the Authority with respect to any injury to or loss of property or personal injury or death that: (1) is caused by the negligent or wrongful act or omission of an employee of the Authority while acting within the scope of the employee's employment under circumstances where the Authority, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (2) occurs in connection with the use of the Authority's facilities. (d) Paragraphs (1) and (2) of subsection (c) do not apply if the injury, loss of property or death is caused by the gross negligence of an employee of the Authority while the employee is acting within the scope of employment. (e) The Authority consents to have the liability determined in accordance with the same rule of law as applied to actions in the courts of the Virgin Islands against individuals or corporations. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Sept. 18, 1969, No. 2551, § 3, Sess. L. 1969, p. 282; Feb. 1, 2001, No. 6391, § 2(d), Sess. L. 2000, p. 438; Dec. 15, 2005, No. 6732, § 25, Sess. L. 2005, p. 156; amended Dec. 6, 2013, No. 7574, § 14, Sess. L. 2013, p. 284.

(a) For the purpose of aiding the Authority in carrying out the purposes of this chapter, the Governor of the Virgin Islands with the approval of the Legislature, may at the request of the Authority and upon such terms as shall be determined- (1) dedicate, sell, convey, or lease any interest of the Government in any property or grant easements, licenses or any rights or privileges therein to the Authority; (2) cause services of the character which the Government is otherwise empowered to render to be furnished to the Authority. (b) [Deleted.] (c) No real property which was transferred to the Authority pursuant to paragraph (a) of section 3 of Act No. 2375 (approved December 24, 1968) or which may hereafter be transferred to the Authority by the Government of the Virgin Islands without consideration shall be sold, mortgaged, pledged or assigned by the Authority without the approval of the Governor and the Legislature. Any of the real property which was transferred to the Authority pursuant to paragraph (a) of section 3 of Act No. 2375 (approved December 24, 1968) which does not constitute facilities related to the airport and/or marine activities of the Authority shall be retransferred to the Government of the Virgin Islands. Such transfer shall be effective as of July 1, 1971, and shall be evidenced by appropriate deeds of conveyance or other legal instruments. (d) No loan or other indebtedness which is guaranteed by the Government of the Virgin Islands or secured by a pledge of any funds or revenues thereof (other than rentals or other payments made by the Government for the use of property of the Authority) shall be incurred or assumed by the Authority or thereafter renewed or modified by it without the approval of the Governor and the Legislature; nor shall any property acquired or constructed by the Authority from the proceeds of such loan or other indebtedness be sold, mortgaged, pledged or assigned by the Authority so long as such loan or other indebtedness is outstanding without the approval of the Governor and the Legislature. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Jan. 21, 1970, No. 2611, § 3, Sess. L. 1969, p. 427; May 28, 1971, No. 3057, §§ 8, 9, Sess. L. 1971, p. 216.

(a) All moneys of the Authority shall be deposited in qualified depositories for funds of the Government of the Virgin Islands, but they shall be kept in separate accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Board. Notwithstanding the provisions of this subsection (a) the Authority shall have power to contract with the holders of any of its bonds as to the custody, collection, investment and payment of any moneys of the Authority, or any moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds, and deposits of such moneys may be secured in the same manner as moneys of the Authority. (b) The Authority shall account to the Government of the Virgin Islands in accordance with applicable law for all funds which the Government may furnish to the Authority, by loan or grant. The Authority shall also account to any Federal agency, if and in the manner required, for any funds that it may have received from any such agency. (c) The Authority shall establish an accounting system for the proper statistical control and record of all expenses and income belonging to or managed or controlled by the Authority. Subject to agreements with bondholders, said system shall, insofar as advisable, segregate the accounts for different classes of operations, facilities, and activities of the Authority; provided, that from time to time the Authority shall have its accounts and books, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its financial condition examined by an independent accountant who shall report thereon to the Board of the Authority and to the Legislature and the Governor. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Jan. 21, 1970, No. 2611, § 4, Sess. L. 1969, p. 428.

All purchases and contracts for supplies or services, except for personal services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids sufficiently in advance of opening bids for the Authority to secure appropriate notice and opportunity for competition; provided, that where the expense estimated to be necessary in connection with the purchase or work does not exceed $50,000 the same may be carried out without advertisement for bids. Advertisements for bids shall not be required, however, when- (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or services are required for supplies or services previously furnished or contracted for; or (3) professional, financial (including financial printing) or other expert services or work are required and the Authority shall deem it best in the interest of good administration that contracts therefor be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under law; in such case the purchase of such materials, supplies, or equipment or procurement of such services, may be made in the open market in the manner usual in commercial practice. In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder's ability to perform construction work of the kind involved in the construction contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; and the time of delivery or performance offered. The Authority may prescribe rules and regulations for the submission of bids. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Aug. 31, 2005, No. 6755, § 5, Sess. L. 2005, p. 229.

Insurance Fund; Unemployment Compensation Coverage (a) All officials and employees of the Authority shall be covered by and subject to the Employees Retirement System of the Virgin Islands and the Workers' Compensation Administration Act. The Authority shall contribute to the Retirement System of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semi-annual billings as determined by the Division of Personnel, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semi-annually to the Retirement Fund of the Government of the Virgin Islands. The Authority shall also contribute to the Government Insurance Fund, on the basis of annual billings as determined by the Commissioner of Finance for the benefit payments made from such fund on account of the Authority's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Authority into the Treasury of the Virgin Islands as miscellaneous receipts. (b) For purposes of unemployment compensation, the Authority shall be deemed an employing unit as defined in 24 V.I.C. § 302(q)(1), and the Authority shall make payments to the Unemployment Insurance Subfund and the Unemployment Insurance Administration Subfund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by 24 V.I.C. § 308(d). History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254.

The Authority shall submit to the Legislature and to the Governor of the Virgin Islands, as soon as practicable after the close of each fiscal year of the Government of the Virgin Islands (1) its complete budget, a financial statement and complete report of the business of the Authority for the preceding fiscal year, and (2) a complete report on the status and progress of all of its facilities and activities since the creation of the Authority or the date of its last such report. The Authority shall also submit to the Legislature and to the Governor, at such other times as may be required, official reports of its business and activities under this chapter. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

The Government of the Virgin Islands does hereby pledge to, contract and agree with, any person, firm or corporation, or any Federal, Virgin Islands or state agency, subscribing to or acquiring bonds of the Authority or of the Government of the Virgin Islands issued for the purposes of this chapter, that it obligates itself not to limit or alter the rights or powers hereby vested in the Authority or the Government, as the case may be, until all such bonds at any time issued, together with the interest thereon, are fully met and discharged. The Government of the Virgin Islands does further pledge to, contract and agree with, any Federal agency that in the event any such agency shall construct, extend, improve, or enlarge or contribute any funds for the construction, extension, improvement, or enlargement of, any facilities, the Government of the Virgin Islands will not alter or limit the rights or powers of the Authority in any manner which would be inconsistent with the continued maintenance and operation of such facilities or the extensions, improvement, or enlargement thereof, or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency; and the Authority shall continue to have and may exercise all rights and powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purpose of any Federal agency in constructing, extending, improving or enlarging, or contributing funds for the construction, extension, improvement or enlargement of, any facilities. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

(a) Notwithstanding any other provision of law to the contrary, whenever real property owned or leased by the Authority is made available for commercial use by other than the Authority, not less than 75% of such property in generally defined areas such as ports and airports shall be reserved for the use of applicants who would qualify as Minority Business Enterprises as that term is defined in Title 49, part 23 of the Code of Federal Regulations and who would qualify for assistance under Title 11, chapter 23, section 1252, subsections (a), (b) and (c) of this Code (the eligibility standards for the Small Business Development Agency); provided, however, that no one person, sole proprietor, partnership, corporation or any other business organization shall own, lease, rent, or otherwise possess more than one commercial enterprise at any one airport or port facility. (b) Notwithstanding any law to the contrary, the Virgin Islands Port Authority, as an instrumentality of the Virgin Islands Government, is hereby authorized and directed to provide space to the American Legion Post #90 in building No. 18, Subbase, St. Thomas, Virgin Islands for a period of not less than five (5) years at a reduced rate of rental. History: Added Oct. 11, 1979, No. 4366, § 2, Sess. L. 1979, p. 207; amended Dec. 29, 1983, No. 4887, § 11, Sess. L. 1983, p. 274; Aug. 13, 1984, No. 4983, § 4(b), Sess. L. 1984, p. 225; Sept. 21, 1987, No. 5278, § 6, Sess. L. 1987, p. 130.

No officer, board, commission, department or other agency or political subdivision of the Virgin Islands shall have jurisdiction over the Authority in the management and control of its properties and facilities, or any power over the regulation of rates, fees, rentals and other charges to be fixed, revised and collected by the Authority, or any power to require a certificate of convenience or necessity, license, consent, or other authorization in order that the Authority may acquire, lease, own and operate, construct, maintain, improve, extend, or enlarge any facility. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

Nothing in this chapter shall be construed as exempting the Virgin Islands Port Authority from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on, or after February 14, 1980. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389; amended Feb. 14, 1980, No. 4407, § 2(b), Sess. L. 1980, p. 12.

If any provisions of this chapter or the application of such provisions to any person or circumstances shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. History: Added Dec. 24, 1968, No. 2375, § 1, Sess. L. 1968, Pt. II, p. 389.

of 1978 Notwithstanding any provision in this chapter to the contrary, the Authority shall comply with and be subject to all provisions and requirements of Title 12, chapter 21 of this Code (the Virgin Islands Coastal Zone Management Act of 1978). History: Added Oct. 31, 1978, No. 4248, § 13, Sess. L. 1978, p. 315.

History: Repealed. Mar. 15, 1984, No. 4902, §32, Sess. L. 1984, p. 67.

Prohibited Public marine transportation from or to Cyril E. King Airport on the Island of St. Thomas is prohibited. Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of note less than $100 and not more than $500 and imprisonment for a term of not more than 30 days. For the purpose of this section, "public marine transportation" means transportation of an individual by marine vessel for a fee. History: Added Dec. 29, 1986, No. 5231, § 2, Sess. L. 1986, p. 396.

The basic purposes and objectives of this subchapter are declared to be the promotion of the growth, development and diversification of and diversification of the economy of the Virgin Islands; to benefit the people of the Virgin Islands by discovering and developing to the fullest possible extent the human and economic resources available therein; the establishment and preservation of opportunities of gainful employment for residents of the Virgin Islands; the promotion of capital formation for the industrial development of the Virgin Islands; the contribution of beneficiaries to the development of the educational system of the Territory; and the preservation of the environment, beauty and natural resources of the Virgin Islands; all of which purposes and objectives are declared to be in the public interest. (a) To this end it is the policy and determination of the Government of the Virgin Islands that certain industrial development benefits should be made available for development and expansion of such industrial or business activities as are determined, pursuant to this subchapter, to be in the public interest by advancing the growth, development and/or diversification of the economy of the Territory of the Virgin Islands. (b) It is further the policy and determination of the Government of the Virgin Islands that the Commission established herein shall endeavor to encourage and assist in the creation, development and expansion of locally owned businesses and industries originating in the Virgin Islands. (c) In order to establish the incentives offered hereunder on a firm, realistic and sure basis, the Government of the Virgin Islands further declares that it considers each certificate granting industrial development benefits that may be issued under the provisions of this subchapter as being in the nature of a contract between such government and the beneficiary, and that the government shall not adopt any legislation impairing or limiting the obligation of such contract; provided, however, that this provision shall not affect the operation of section 722 of this subchapter. (d) It is further the policy of the Government of the Virgin Islands that the Commission established herein shall endeavor to encourage and assist in the development of affordable housing in the Virgin Islands and the expansion of the local construction industry in the Virgin Islands by providing tax incentives for the production of affordable housing. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 196; amended Sept. 23, 1975, No. 3478, § 1, Sess. L. 1975, p. 140; Dec. 8, 1986, No. 5224, § 1(1), Sess. L. 1986, p. 342; Mar. 19, 1990, No. 5523, § 11, Sess. L. 1990, p. 63.

This subchapter shall be known and may be cited as "The Virgin Islands Economic Development Program". History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 197; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 141.

As used in this subchapter, unless the context otherwise requires: (a) "Commission" means the Virgin Islands Economic Development Commission created under this subchapter. (b) "Director" means the Executive Director of Economic Development appointed pursuant to the provisions of this subchapter. (c) "Industrial development benefits" or "benefits" means the various tax exemptions and tax subsidies for which beneficiaries may qualify under this subchapter. (d) "Beneficiary" means any person, member of a partnership, partnership or corporation granted economic development benefits pursuant to the provisions of this subchapter. (e) "Resident of the Virgin Islands" means (1) any United States citizen currently domiciled in the Virgin Islands for one (1) year or more; (2) a person who has attended a school in the Virgin Islands for at least six (6) years or is a high school or University of the Virgin Islands graduate and who is registered to vote in the Virgin Islands; or (3) the holder of an alien registration receipt card (United States Department of Justice Form No. 1- 151) domiciled in the Virgin Islands for one (1) year or more. A person shall demonstrate that he has been a resident for one (1) year or more for the purposes of this chapter using the date of issuance information from a W-2 form, a voter registration card, a permanent resident card, or a Virgin Islands driver's license. (f) "Small business" means a Virgin Islands business which: (1) is engaged in the business of rum production, milk/dairy production, watch and jewelry manufacturing and assembly, product assembly, manufacturing other than jewelry and watch manufacturing and assembly, agriculture/food processing, Mari culture/food processing, marine industry, raw materials processing, hotels/guesthouses, transportation, telecommunications, service businesses, including, investment managers and advisors, research and development, business and management consulting, software development, e-commerce, call centers, high tech businesses, international public relations, international trading and distribution, businesses serving clients located outside the Virgin Islands, regulated utilities, banking, health care facilities, recreation facilities, and such other businesses or industries as the Commission may designate; and (2) is certified by the Small Business Development Agency (SBDA) as meeting the statutory criteria for being awarded a SBDA loan. (g) "Designated service business" means a business other than a Knowledge-Based Business or E- Commerce Business, as set forth in section 716(c) unless properly referred to the Commission as set forth therein: (1) Commercial Distribution and Trading Services; (2) Public Relations Services including but not limited to publicity, mail order firms; (3) International Banking and Insurance entities that has been duly licensed under Title 9 and Title 22, Chapter 9, respectively of the VI Code; (4) Business and Management CoTitle 9g SerTitle 22ncChapter 9t not limited to stratVI Codecounting, economic, scientific services); (5) Investment Managers and Advisors; (6) Call Centers; (7) Family Offices; (8) Venture Capital Management and Investment; (9) Investment Banking and Financial Services; (10) Film and Print Industry Activities (including news syndicate, still and motion pictures); (11) Computer, Data, High Technology, E-Commerce and Call Services Center Businesses; (12) Development/Engineering of Software, Blueprints, Intellectual Property; (13) Medical (including Dental, Optical and Ophthalmological) laboratories and specialty medical services; and (14) Any other businesses serving clients located outside the Virgin Islands deemed appropriate by the Commission. (h) "Eligible local supplier" means a supplier certified by the Director as meeting the following criteria: (1) As of the date of certification, the supplier has been licensed to do business in the Virgin Islands for at least one (1) year and has actually conducted business in the Virgin Islands for at least one (1) year. (2) The supplier physically maintains its principal place of business within the Virgin Islands and maintains an inventory in the Virgin Islands appropriate to the size of its business. (3) (A) In the case of an individual, the supplier must be a resident of the Virgin Islands. (B) In the case of a firm or partnership, each member of firm or partnership must be a resident of the Virgin Islands (if such member is an individual) or the member must meet the requirements of paragraph (C) of this subsection (if such member is a corporation). (C) In the case of a corporation, over 50% of the voting stock must be owned by natural persons who are residents of the Virgin Islands. (i) For the purposes of this chapter, "corporation" shall include a limited liability company and "partnership" shall include a limited liability partnership if such limited liability company or limited liability partnership otherwise meets all of the requirements for economic development benefits. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 197; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 141; Oct. 27, 1980, No. 4502, § 1(a), Sess. L. 1980, p. 237; Dec. 8, 1986, No. 5224, § 1(2)- (4), Sess. L. 1986, p. 342; Feb. 12, 1998, No. 6204, § 6(a), Sess. L. 1998, p. 99; Oct. 31, 1998, No. 6269, § 49, Sess. L. 1998, p. 468; Feb. 1, 2001, No. 6390, §§ 12, 15, Sess. L. 2000, pp. 408, 409; May 2, 2001, No. 6396, § 1, Sess. L. 2001, p. 10; amended Oct. 13, 2014, No. 7651, § 2(a), Sess. L. 2014, p. 250.

In order to effectuate the policy and purpose of the Low and Moderate Income Affordable Housing Act of 1990, the following terms shall have the meaning ascribed to them herein: (a) "Act" means the Low and Moderate Income Affordable Housing Act of 1990. (b) "Affordable housing" means, with respect to living accommodations, a dwelling unit for which a household pays, with regard to a unit for sale, not more than the "applicable percentage" (determined by the VIHFA) of gross income for mortgage payments, property taxes, insurance and homeowners association fee, if any, and, with regard to a rental unit, not more than the "applicable percentage" of gross income for all shelter costs including utilities. The "applicable percentage" for purposes of this definition may be established by the VIHFA in a manner consistent with the various Federal housing programs designed to assist low and moderate income households. (c) "Affordable Housing Development Agreement" means one or more agreements executed between and among an applicant for a development permit for affordable housing, the VIHFA and the Zoning Administrator providing for development of affordable housing units in accordance with an Affordable Housing Development Plan. (d) "Affordable Housing Development Plan" means a plan submitted to the VIHFA, the Legislature and the Zoning Administrator in connection with a request for a development permit for affordable housing. (e) "Affordable Housing Program" or "Program" means the Government's Program adopted pursuant to the Low and Moderate Income Affordable Housing Act of 1990, as from time to time amended, to facilitate development of affordable housing in the Virgin Islands. (f) [Deleted.] (g) "VIHFA" means the Virgin Islands Housing Finance Authority established pursuant to Title 21, chapter 2, section 103, Virgin Islands Code. History: Added Mar. 19, 1990, No. 5523, § 12, Sess. L. 1990, p. 63; amended May 3, 1994, No. 5978, § 3(f), Sess. L. 1994, p. 67; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) There is created a Virgin Islands Economic Development Commission. Such Commission shall be within, and shall constitute a subsidiary entity wholly administered and operated by the Economic Development Authority established in chapter 21 of title 29, Virgin Islands Code. (b) The Commission shall be composed of the members of the Economic Development Authority established in chapter 21 of title 29, Virgin Islands Code. (c) The Commission members shall meet and organize, electing a Chairman, Vice Chairman and such other officers as may be deemed appropriate from among its members at the beginning of each calendar year. (d) Persons appointed to fill vacancies on the Commission shall serve only the remainder of the term of the member replaced, which remainder shall not be considered a full term for the purpose of this subchapter. (e) The Director, appointed pursuant to section 705 of this subchapter, shall serve, ex-officio, as Executive Secretary of the Commission. (f) Non-government appointed members of the Commission shall receive compensation of $150.00 per day while attending Commission meetings, plus necessary travel expenses incurred thereby. (g) The Commission shall meet as required at the discretion and call of the Chairman on his own motion, or at the request of the Director with the concurrence of the Chairman or two Non-government appointed Commission members. The Commission may also establish and publish through appropriate communication channels a calendar of regular meetings for each calendar year. (h) A quorum for the transaction of Commission business shall be four (4) members, not more than three (3) of whom shall be from the same district. (i) This chapter does not prohibit the Commission from holding an open or closed meeting during which members of the Commission attend by telephone or video conference call or other means permitting their participation remotely if: (1) The meeting conforms with the notice requirements applicable to other meetings; (2) The notice of the meeting specifies the location of the meeting or the location where meetings of the Commission are usually held; and (3) Each part of the meeting that is required to be open to the public is audible to the public at the location specified in the notice of the meeting. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 197; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 142; Jan. 14, 1981, No. 4519, § 1(a), Sess. L. 1980, p. 255; Apr. 7, 1983, No. 4797, § 2, Sess. L. 1983, p. 27; Dec. 8, 1986, No. 5224, § 1(5), (6), Sess. L. 1986, p. 344; Sept. 28, 1990, No. 5636, § 1(l), Sess. L. 1990, p. 347; Dec. 28, 1990, No. 5666, § 5(b), Sess. L. 1990, p. 471; Dec. 28, 1995, No. 6090, § 12, Sess. L. 1995, p. 255; Mar. 20, 2000, No. 6344, § 8, Sess. L. 2000, p. 14; Feb. 1, 2001, No. 6390, §§ 7, 15, 18, 21, Sess. L. 2000, pp. 407-409, 420, 421; amended Oct. 13, 2014, No. 7651, § 2(b), (c), Sess. L. 2014, p. 251; amended June 14, 2018, No. 8056, § 1(a)-(d), Sess. L. 2018, p. 91.

The Commission shall: (a) Based upon the investigation and recommendation of the Director, review all applications for economic development benefits, hold public hearings thereon as provided in section 717 of this chapter, and (1) grant certificates for same, or (2) deny such certificate, subject to reconsideration in accordance with section 717. (b) Based upon the investigation and recommendation of the Director, determine compliance of the beneficiary with the provisions of this subchapter and all regulations promulgated hereunder. The expenses of any investigation or any proceeding by the Commission to determine compliance by any beneficiary shall be borne by the beneficiary. If notified by the Commissioner of Labor that a beneficiary has violated the resident employment requirements of this subchapter or upon notification by the Director, in writing, of any other violation of this subchapter or of the beneficiary's certificate, the Commission shall hold a hearing at which the beneficiary must show cause why its certificate should not be revoked, suspended, or modified. (c) Subject to the Governor's approval, revoke, suspend or modify economic development certificates in accordance with the provisions of section 722 of this subchapter. (d) In connection with any hearings or investigations required by the provisions of this chapter or any rules and regulations issued hereunder, to subpoena witnesses, records, and books, administer oaths and inspect properties and facilities with respect to which economic development certificates have been granted or applied for. (e) Request and obtain from the Commissioner of Finance and the Director of the Internal Revenue Bureau and the Director of the Office of the Inspector General such auditing services as it deems necessary to the proper administration of this subchapter. (f) After notice and hearing prepare and promulgate, in accordance with the provisions of Title 3, Chapter 35 of the Code, such rules and regulations as may be necessary to implement the provisions of this subchapter. Any rule or regulation promulgated contrary to this subsection is void and unenforceable, including any rule or regulation set forth in any resolution or other administrative statement issued by the Commission. (g) Prepare and submit annual reports, including a summary of the proceedings of the Commission, to the Governor and each member of the Legislature containing data regarding all economic development benefits outstanding, and the beneficiaries of same. (h) In addition to the Application Fee and Annual Compliance Fees, the Commission may also assess against an applicant or Beneficiary any extraordinary costs and expenses incurred to process the application or monitor the Beneficiary's performance of the terms and conditions of its Certificate. The cost and expenses may include but are not limited to the services of outside consultants necessitated by the Application or the Compliance Investigation. (i) Notify the Office of the Lieutenant Governor of any corporation, joint venture, limited liability partnership, limited partnership or any other organization which has been approved for economic development benefits, within sixty (60) days of such approval; as well as prepare and submit an annual listing of all entities which are approved for benefits regardless of whether they are currently operational or not. (j) Perform such other acts and functions within its area of responsibility as it may deem necessary in furtherance of the purposes of this subchapter. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 198; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 143; Dec. 8, 1986, No. 5224, § 1(7)-(9), Sess. L. 1986, p. 344; Feb. 12, 1998, No. 6204, § 6(b), Sess. L. 1998, p. 100; Feb. 1, 2001, No. 6390, § 5, Sess. L. 2000, p. 13; amended Oct. 13, 2014, No. 7651, § 2(d), Sess. L. 2014, p. 251; amended June 14, 2018, No. 8056, §§ 2(a)(1), 2(a)(2) (A)-(C), 2(b), 2(c)(1), (2), Sess. L. 2018, p. 91, 92; amended Dec. 30, 2019, No. 8276, § 1(a), Sess. L. 2019, p. 182.

History: Repealed. June 14, 2018, No. 8056, § 10, Sess. L. 2018, p. 94.

The Chief Executive Officer or at his direction, the Assistant Chief Executive Officer shall have the following powers and duties: (a) Conduct preliminary investigations with regard to all applications for economic development benefits. (b) Submit his recommendations with regard to economic development benefits applications to the Commission as required under this subchapter. (c) Advise the Commission regarding compliance by beneficiaries with the terms and conditions of their certificates and with the general requirements of this subchapter, and aid in the enforcement of all such conditions and requirements. (d) Promote the economic development program by initiating contact and communication with prospective investors and, to the extent that funds are available therefor, cause to be produced and distributed such promotional literature, brochures and pamphlets, and place advertisements in such trade, industrial or other publications, as will adequately inform and familiarize prospective investors of investment opportunities, advantages and benefits in the Virgin Islands. (e) Coordinate and expedite the prompt processing and payment of subsidy claims. (f) Aid the Commission in the preparation of its annual budget proposed for consideration and approval by the Governor. (g) Attend all meetings of the Commission and conduct such research and submit such reports as may be requested by the Commission. (h) Actively and aggressively promote the economic development program, and, in so doing, undertake and carry out studies, research and investigations with respect to the establishment and expansion of industrial or business enterprises in the Virgin Islands. (i) Hire and remove employees of the Commission and the Economic Development Park Corporation subject to the approval of the Board of Directors of the Economic Development Authority; (j) Be responsible for the general administration of the Commission and the Economic Development Park Corporation; and (k) Collect and assemble, or cause to be collected and assembled, information pertinent to carrying out the purposes of the Economic Development Park Corporation in providing industrial plants, equipment and facilities for the encouragement of new trade, industry and commerce and the expansion of existing trade, industry and commerce within the Territory. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 200; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 144; Feb. 1, 2001, No. 6390, § 23, Sess. L. 2000, p. 422; amended Oct. 13, 2014, No. 7651, § 2(e), Sess. L. 2014, p. 251.

In order to qualify and remain eligible for benefits provided under this subchapter, an applicant specified in sections 713a through 715 of this subchapter must fulfill the following specific qualifications and requirements. The Commission may not require an applicant to meet qualifications or requirements in excess of those representations made by the applicant to the Commission during the application process as a condition of granting an initial certificate. (a) Invest at least $100,000, exclusive of inventory, in an approved industry or business that the Commission has determined to advance the economic well-being of the Virgin Islands and its people. The approved industries or businesses and their established categories are: Category I - Legacy Virgin Islands Industries - including Rum Production, Milk/Dairy Production, Watch and Jewelry Manufacturing and Assembly. Category II - Product Assembly, Manufacturing, Repair and Maintenance and/or Export Operations (other than Historic VI industries) - including but not limited to Agriculture/Mariculture and Food Processing, Marine and Aircraft Industry, Machine and Heavy Equipment, and Bottling and Packing. Category III - Facilities, Tourism and Communications Developments - including Hotel/Guesthouses, Health Care, Recreation and Retirement Facilities, Transportation, Utilities (including Alternative Energy Industry) and Telecommunication. Category IV - Designated Services Businesses - as defined in section 703(g). (1) The Cosection 29y approve other such industries or businesses as may be considered appropriate by the Commission and which a finding by the Commission has determined will advance the economic well-being of the Virgin Islands and its people, and the applicant of such industry or business has agreed to the investment and employment requirements along with any other such special conditions as agreed between the applicant and the Commission. (2) Any application that qualifies in two categories under this section, however, must be considered to be in the highest payment fee and term category for the purpose of this chapter. An applicant may apply in more than one approved industry or business, but two categories may not be combined in one certificate unless the businesses are integral to each other. (3) In determining the amount of the investment undertaken by the applicant for purposes of this section: (A) The assessed value of land and previously existing buildings (as assessed for tax purposes) used in the industry or business shall be included only to the extent that it does not exceed twenty (20%) percent of the investment undertaken; however, this provision does not apply to an industry or business of a nature in which investment in land and alteration or improvement thereof represents its primary investment factor. (B) The fair market value of all equipment leased for a term of at least five years must be included in determining compliance with the investment requirement. (C) The minimum investment required by this section may be reduced, if the Commission finds that the proposed industry or business will provide sufficient additional investment in workforce development and/or public educational projects, Enterprise Zone community redevelopment and revitalization projects, or community based organizations to justify the lower investment. Category V - International Financial Service Entity-as defined in section 703(g). (b) In the case of a natural person, be a bona fide resident of the Virgin Islands with his principal place of business in the Virgin Islands and a citizen or legal resident of the United States; in the case of a partnership, limited liability company, trust or similar entity, be a partnership, limited liability company, trust or similar entity within the meaning of that term under the laws of the Virgin Islands with its principal place of business in the Virgin Islands; in the case of a corporation, be either incorporated under the laws of the Virgin Islands with its principal place of business in the Virgin Islands or under the laws of the United States, a state, territory, or commonwealth thereof, or a foreign country, and be duly registered to conduct business in the Virgin Islands. (c) (1) In the case of a Virgin Islands corporation, receive income that is covered by section 934 of the934 of the Internal Revenue Code of 1986ed, as applicable in the Virgin Islands, and meet the requirements of any other applicable federal or local law, any implementation agreement, as amended from time to time, required under federal law, the provisions of this subchapter, and any rules or regulations promulgated under such laws of this subchapter. (2) In the case of a partnership, limited liability company, trust or similar entity, meet the requirements of any applicable federal or local law, the provisions of this chapter and any rules or regulations promulgated under such laws or under this subchapter. (d) Be the actual investor in the enterprise for which economic development benefits are sought and not a contractor, subcontractor or other person or corporation acting as an agent or in a similar capacity to the investor; provided, that corporate affiliates who are actual investors may also qualify for individual benefits. (e) Meet such standards of ecological compatibility as may be established by federal and/or local law. (f) (1) With the exception of Category V, International Financial Service Entities, who must meet the employment requirements of 9 V.I.C. §§ 727, and 738(b)(3) employ at least ten (10) persons on a full time basis in such enterprise; and all employees in such enterprise shall, subject to the exceptions contained in section 711 of this subchapter, be residents of the Virgin Islands (as defined in section 703(e) of this subchapter) ; provided, however, that the applicant may employ fewer than ten such persons upon demonstrating to the Commission that the employment of this number of persons in his particular enterprise would not be economically feasible or practical, and upon a further finding by the Commission that the desirability of the proposed enterprise outweighs the fact that it is not labor intensive. (2) An enterprise which is applying for economic development benefits as a Category IV-Designated Services Business or a Category V International Financial Services Entity shall be required to employ a minimum of five (5) full-time persons who, subject to the exceptions contained in section 711 of this subchapter, must be residents of the Virgin Islands. (3) No more than two owners of an entity may be counted as employees for purposes of the minimum employment requirement. An employee who receives stock options or ownership shares through a program available to all employees after employment must continue to be counted as an employee. (g) Comply with all federal and local laws, including anti-discrimination laws. (h) Agree in writing to employ or contract, and to require all contractors retained by him to employ or subcontract, for services and to purchase goods, materials and supplies with and from those persons, firms and corporations who are residents of the Virgin Islands, or incorporated under the laws of the Virgin Islands, and who are duly licensed to do business in the Virgin Islands and have been so duly licensed for one year or more prior to the initial date of any such employment, contract, subcontract, or purchase. Each applicant shall agree in writing to invite competitive bidding, and require all contractors retained by it to invite competitive bidding for all such services, goods and materials pursuant to the publication requirements of title 31, section 236, of this Code, and to notify each bidder in writing of the name of the successful bidder and amount of its bid. Each applicant shall advise the Economic Development Commission, in writing with a copy to the Commissioner of Licensing and Consumer Affairs when goods and materials are not available under the above-defined Virgin Islands sources and demonstrate in writing of efforts to obtain such services, goods and materials, and to require contractors or subcontractors retained by the applicant to likewise comply with this requirement. (i) For any applicant who proposes to do business on land adjoining any beach or shoreline of the Virgin Islands, agree to grant to the Government of the Virgin Islands a perpetual easement upon and across such land to the beach or shoreline to provide free and unrestricted access thereto to the public, which easement shall be duly recorded in the Recorder of Deeds upon the granting of a certificate of economic development benefits. This provision shall not be construed as requiring free use of private facilities, but only as requiring free access to the beach or shoreline to the general public as a condition precedent to the granting of economic development benefits. (j) Meet any time restraints or deadlines imposed by the Commission with respect to the initiation of operations or construction activity; provided, that the Commission may extend any such time restraints or deadlines upon good cause shown by the beneficiary. (k) Agree in writing to notify the Virgin Islands Employment Service as to the availability of employment by him or his subcontractors, the number of employees required, the occupational classification of such workers, and the applicable wage rate. (l) In the case of an applicant whose investment, pursuant to subsection (a) of this section, is in excess of $500,000.00, agree in writing to employ at least two individuals from the Welfare to Work Program, administered by the Labor and Human Services Department. (m) Provide educational assistance to residents of the Virgin Islands in an amount and form which is acceptable to the Commission, except that fifty-five percent of any such financial contribution must be made to the Department of Education for public school programs and initiatives and in addition, any entity except Category IV entities receiving benefits under this subchapter shall contribute a minimum of $3,000 annually to the Board of Education to be placed in the Territorial Scholarship Fund and used in accordance with the purpose of the fund; except that, this section shall not apply to beneficiaries under title 29 Virgin Islands Code, chapter 12, section 708b. Category IV entities receiving benefits under this chapter shall contribute a minimum of $10,000 annually to the Board of Education to be placed in the Territorial Scholarship Fund and used in accordance with the purposes of the fund, except that this subsection shall not apply to beneficiaries under Title 29, Virgin Islands Code, chapter 12, section 708b. The Department of Education and the Board of Education shall submit to the Commission received within 60 days after the close of each calendar year annual reports indicating each beneficiary's name, amount contributed, and use of funds. As used in this subsection, educational assistance included all types of educational assistance including but not limited to vocational and other job training programs. (n) Agree in writing to submit plans for a management-training program for approval by the Commission. The plan shall establish a program through which the beneficiary shall have as managers and officers, residents of the Virgin Islands, as defined in section 703(e) of this subchapter. The Commission shall use the beneficiary's organizational chart and job descriptions as the sole guide as to whether a beneficiary's employee is management or non-management. The Commission shall establish, by regulation, the requirements for management training programs as guidance for all beneficiaries and the reasonable number of Virgin Islands residents to be employed by each beneficiary in accordance with the specific normal requirements of the business cycle involved. The Commission shall report annually to the Governor the titles and compensation of all trainees who are placed in management positions by beneficiaries. (o) The Commission is authorized to impose a monetary penalty for delinquent reports as required by the rules and regulations or by law. Any monetary penalties imposed by the Commission pursuant to this section shall be deposited into the Territorial Scholarship Fund, established pursuant to Title 17, section 171, Virgin Islands Code. (p) Provide their employees additional leave from work, other than time applied to their annual leave, to participate and represent the Virgin Islands in athletic and sporting events. (q) Establish and maintain an employee pension benefit plan, as provided under the Employee Retirement Income Security Act, 29, U.S.C.1001 et seq., and an employee welfare benefits plan that includes medical insurance, vacation and sick leave or paid time off in amounts that are determined by the Board and reported as required by the Employee Retirement Income Security Act, 29, U.S.C.1001 et seq.; however, the provisions of this subsection shall not apply to beneficiaries that qualify under section 708b, of this subchapter. (r) (1) Except as provided in paragraph paragraph (2)ubsection, agree in writing and require all contractors retained by him to purchase all insurance from resident insurance companies, agents, or brokers licensed to operate in the Virgin Islands. (2) If a particular type of insurance is not available in the Virgin Islands, the applicant shall submit to the Commission written certification from the Office of Banking and Insurance that the insurance is unavailable. (s) Establish and maintain a Donated Leave Program similar to the program established under title 3, chapter 25, section 583b, Virgin Islands Code. (t) Notwithstanding any other provision of this title, an applicant seeking benefits as a Category V international financial services entity is exempt from this section and its accompanying regulations, but shall comply with 9 V.I.C. §§? 727 and 738 and their accompanying regulations. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 145; amended Oct. 27, 1980, No. 4502, § 1(b)-(d), Sess. L. 1980, p. 237; Dec. 19, 1984, No. 5031, § 1(a), (b), Sess. L. 1984, p. 412; Dec. 8, 1986, No. 5224, § 1(10)-(14), Sess. L. 1986, p. 345; Dec. 29, 1986, No. 5227, § 4, Sess. L. 1986, p. 383; May 5, 1998, No. 6228, § 21, Sess. L. 1998, p. 321; May 29, 1998, No. 6232, § 18, Sess. L. 1998, p. 332; Oct. 31, 1998, No. 6269, § 47, Sess. L. 1998, p. 468; Feb. 1, 2001, No. 6390, §§ 1, 4, 11, Sess. L. 2000, pp. 402, 404, 407; June 5, 2001, No. 6412, § 2, Sess. L. 2001, p. 37; June 17, 2002, No. 6508, § 1, Sess. L. 2002, p. 292; Dec. 23, 2003, No. 6634, § 57, Sess. L. 2003, p. 159; July 13, 2004, No. 6662, § 12, Sess. L. 2004, p. 19; Sept. 1, 2005, No. 6748, §§ 1(a)(1), (2), 6, 8, 9, Sess. L. 2005, pp. 205, 209, 210; July 19, 2006, No. 6842, § 1, Sess. L. 2006, pp. 102, 103; Sept. 22, 2006, No. 6864, § 18, Sess. L. 2006, p. 219; amended Dec. 27, 2012, No. 7470, § 1, Sess. L. 2012, p. 448; amended Oct. 13, 2014, No. 7651, § 2(f), Sess. L. 2014, p. 251; amended Jan. 20, 2017, No. 7968, § 7(a)(1), (2), Sess. L. 2016, p. 394; amended June 14, 2018, No. 8056, § 16, Sess. L. 2018, p. 95; amended May 19, 2020, No. 8307, § 2, Sess. L. 2020, p. 52; amended Apr. 11, 2022, No. 8559, § 1(a)(1), (2), (b)(1)-(5), Sess. L. 2022, p. 125.

(a) The following fees shall be assessed against each applicant or beneficiary other than a Participant in the Small Business Program, for applications submitted beginning February 1, 2001. Application Fee Activation Fee Annual Compliance Fee Category I $1,500 $1,000 $1,500 Category II $3,500 $1,500 $3,000 Category III $5,000 $3,500 $5,000 Category IV $7,500 $5,000 $9,500 Category V $7,500 $5,000 $9,500 (b) All Application fees and Annual Compliance Fees collected pursuant to the provisions of this Act shall be deposited into the Industrial Promotion Fund, established pursuant to section 726 of this subchapter. Any fee adjustments may be made by the Commission on an annual basis, with the approval of the Governor, and such fee adjustments shall not exceed the Consumer Price Index for that year. (c) An applicant or a beneficiary is not required to submit copies of tax returns or other financial information from those of its shareholders, members, partners, or other owners with respect to any period that the shareholder, member, partner, or other owner is not a bona fide resident of the Virgin Islands, except: (1) with respect to the shareholders, members, partners, or other owners of an applicant who intend to relocate to the Virgin Islands and claim tax benefits within the first two years after benefits become effective; or (2) with respect to shareholders, members, partners, or other owners who own more than fifty percent of the voting shares or membership interests of the applicant or beneficiary. The Commission may require a beneficiary to submit copies of tax returns or other financial information from those of its shareholders, members, partners, or other owners who subsequently become bona fide residents of the Virgin Islands or who acquire their ownership interest in a beneficiary after its benefits have commenced. History: Added Feb. 1, 2001, No. 6390, § 14, Sess. L. 2000, p. 409; amended Dec. 23, 2003, No. 6634, § 59, Sess. L. 2003, p. 160; Sept. 1, 2005, No. 6748, § 7(1), Sess. L. 2005, p. 209; amended Oct. 13, 2014, No. 7651, § 2(g), Sess. L. 2014, p. 252; amended June 14, 2018, No. 8056, § 3, Sess. L. 2018, p. 92; amended Apr. 11, 2022, No. 8559, § 2(a)(1)-(4), Sess. L. 2022, p. 126.

(a) The Commission may with respect to a small business: (1) reduce the minimum investment requirement of section 708(a) of this subchapter to not less than $20,000; and (2) reduce the minimum employment requirement of section 708(f) of this subchapter to not less than two (2) employees excluding the owner of the business. (b) Notwithstanding section 713a(b) of this subchapter, the term for a participant in the Small Business Program is fifty percent of the otherwise applicable term that would apply to a participant in the Economic Development Program other than a participation in the Small Business Program. However, at the conclusion of the initial term, a participant in the Small Business Program may apply for an extension in accordance with section 715 of this subchapter. (c) Notwithstanding the definition of "employer" set forth in title 24, chapter 3, section 62, of this Code, as amended, all participants in the Small Business Program established under this section are subject to the provisions of title 24, chapter 3, section 76, of this Code (1997 ed., 2000 supp.) relating to grounds for discharge of employees. History: Added Dec. 8, 1986, No. 5224, § 1(16), Sess. L. 1986, p. 346; amended May 2, 2001, No. 6396, § 2, Sess. L. 2001, p. 10; Sept. 1, 2005, No. 6748, § 7(2), Sess. L. 2005, p. 209; Sept. 20, 2011, No. 7279, § 1 (1.), (2.), Sess. L. 2011, p. 151; amended Apr. 11, 2022, No. 8559, § 2(b)(1), (2), Sess. L. 2022, p. 126.

Activities The Commission may provide tax credits or benefits under this subchapter for clean up and redevelopment activities by developers real property declared and certified to the Commission as Brownsfields sites under 12 V.I.C., chapter 14. The Commission shall promulgate rules and regulations to carry out the purpose of this section. History: Added Sept. 17, 2008, No. 7014, § 3, Sess. L. 2008, pp. 232, 233.

In addition to the specific requirements and qualifications of beneficiaries enumerated in section 708 of this subchapter, the anticipated pollution potential of an applicant's proposed industry and the applicant's needs for resources, utilities and social services shall be closely evaluated and considered by the Commission as a factor in determining whether an economic development certificate should be granted. Applicant's proposed enterprise should be one which would utilize human resources, which are available in the Virgin Islands at the time of application and meet the requirements of section 703(e), to the maximum while minimizing demands for public utilities services and social and other government services. Applicant's proposed business or industry should be compatible with existing businesses and industries in the Virgin Islands and should be of a nature that will utilize to the maximum degree local skills and intellectual capabilities while avoiding imbalances in the social and economic structure of the Virgin Islands community. The provisions of this section shall not be construed as being specific requirements, but shall serve only as general guidelines to be applied in determining whether economic development benefits should be granted. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 147.

If after notice and hearing the Commissioner of Labor finds that the beneficiary or any contractor or any other agent of the beneficiary has wilfully practiced discrimination in employment based on sex, race or religion or to deny employment in serving or dispensing food or beverages solely by reason of sex, he shall certify his finding to the Commission, which shall revoke the beneficiary's certificate without need for further proceedings under section 722 of this subchapter. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 148.

(a) Eighty percent of all persons employed by beneficiaries under this chapter shall be residents of the Virgin Islands; provided that, after the third year of operation, a beneficiary shall be required to have at least 20% of its management, supervisory and/or technical positions filled by residents of the Virgin Islands unless granted a waiver by the Commission. A waiver shall be granted only when- (1) the Commissioner of Labor has certified that: (A) he has not been able to recruit individuals to fill the positions; (B) he has not been able to train individuals to fill the positions; or (C) the beneficiary has demonstrated to the Commissioner of Labor that the beneficiary's training program has failed to provide individuals capable of filling the positions and that the beneficiary has made a public effort to recruit personnel for the positions; or (2) when the Economic Development Commission has made a finding that the economic position of the beneficiary is such that the beneficiary cannot comply with the requirement without further erosion of its financial position or that the beneficiary cannot comply for such other practical reasons that the Commission has established by its rules and regulations. (b) Each applicant employing nonresidents shall agree to either establish and conduct training classes for residents to fill the positions held by nonresidents or agree to subsidize the cost of training pre-selected resident employee applicants in a school or other facility not conducted by the applicant, which training procedures are further described under section 712 of this subchapter. However, an applicant may elect to meet the training requirements of this subsection by annually transferring $5,000 to the Territorial Scholarship Fund (established under Title 17, section 171, Virgin Islands Code) for each nonresident employed by the applicant. (c) When a nonresident employee is to be replaced by a resident employee pursuant to the requirements of this section, the employer shall give the nonresident employee 14 days notice of such fact prior to his termination. (d) No resident employee of a beneficiary shall be laid off or have his work week reduced to provide employment for a nonresident. (e) Any beneficiary who hires nonresidents shall bear the full responsibility for bonding and other procedures required by law for the employment of nonresidents. (f) Wilful violation of this section by a beneficiary shall be cause for suspension, modification or revocation of his certificate pursuant to section 722 of this subchapter. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 200; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 148; Dec. 8, 1986, No. 5224, § 1(17), Sess. L. 1986, p. 346; Sept. 11, 1992, No. 5809, § 1, Sess. L. 1992, p. 116; Feb. 1, 2001, No. 6390, § 15, Sess. L. 2000, p. 409; amended Apr. 11, 2022, No. 8559, § 2(c), Sess. L. 2022, p. 126.

(a) The Commissioner of Labor shall appoint a qualified and responsible employee of the Department of Labor to administer, supervise and enforce, or cause to be enforced the provisions of sections 710 and 712 of this subchapter, and in this connection may promulgate necessary rules and regulations, conduct such investigations and institute such remedial actions as may be required. (b) Any beneficiary applying for permission to hire nonresidents in accordance with subsection (c), paragraph (2) of this section, shall submit a specification of the number of nonresident workers required and their occupational classifications and wage rates, to the Commissioner of Labor for review prior to any grant of permission to hire said nonresidents. Upon receiving said information and material, the Commissioner shall: (1) promptly supply same to all labor unions operating in the Virgin Islands; (2) at the expense of the beneficiary, to give public notice of such employment opportunity; and (3) assist beneficiaries in the recruitment of residents. It shall be the responsibility of the Commissioner of Labor to provide an evaluation of those residents available in the labor market with necessary skills suitable for employment by the beneficiary. All beneficiaries employing nonresidents shall annually prepare, and file with the Commissioner of Labor, a complete roster of all nonresidents and a detailed description of the positions held by such nonresidents. The Commissioner of Labor shall promulgate specific rules and regulations governing compliance with these requirements. (c) A beneficiary may not employ a person who is not a resident of the Virgin Islands unless: (1) after hiring the nonresident, at least eighty percent (80%) of the beneficiary's employees are residents of the Virgin Islands; or (2) the Department of Labor has certified that: (A) the beneficiary requested the Department's assistance in filling the vacancy; and (B) the Department was unable, within fifteen (15) working days after the beneficiary's request, to refer any qualified applicants to the beneficiary for employment. (d) The Commissioner of Labor shall report all violations of the resident employment provisions of this subchapter to the Commission. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 202; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 149; Dec. 8, 1986, No. 5224, § 1(18), Sess. L. 1986, p. 347; amended Apr. 11, 2022, No. 8559, § 2(d), Sess. L. 2022, p. 126.

(a) Any applicant for economic development benefits proposing to employ persons who are not residents of the Virgin Islands shall, at the time of filing his application for benefits, submit to the Commissioner of Labor a comprehensive plan for the establishment and conduct of an occupational training program for the purpose of adequately training resident employees in the skills necessary for their employment by the applicant. The training program shall be approved and monitored pursuant to rules and regulations promulgated by the Commissioner of Labor. (b) An employee who is engaged in training pursuant to this subchapter shall receive at least the minimum wage prescribed by law for trainees or apprentices. (c) Any beneficiary who employs one (1) or more persons who are not residents of the Virgin Islands, other than a beneficiary who contributes to the Territorial Scholarship Fund in accordance with section 710, subsection (b) of this subchapter, shall establish and fund a training program in conformity with the comprehensive plan required under subsection (a) of this section. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 202; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 150; Dec. 8, 1986, No. 5224, § 1(19), (20), Sess. L. 1986, p. 348; amended Apr. 11, 2022, No. 8559, § 2(e)(1)-(3), Sess. L. 2022, p. 126.

(a) Each applicant granted an economic development certificate as hereunder provided shall be exempted from the payment of the following taxes: (1) Taxes on real property to the extent that same is utilized in the business or industry for which an economic development certificate has been granted. (2) Gross receipts taxes, except that this exemption shall not apply to the gross receipts of businesses operated by a concession or rental agreement on the premises of beneficiaries, including hotels, for which businesses separate licenses are required or which, as determined by the Commission, are not ordinarily related to, or do not constitute an essential part of, the operation of the beneficiary, and which businesses are not otherwise eligible for economic development benefits as a distinct enterprise. (3) All excise taxes on building materials, tools, pipes, pumps, conveyor belts or other appliances, materials and supplies necessary for use in the construction, alteration, reconstruction or extension of the physical plant or facilities of the applicant. (b) The Commission shall grant each approved applicant eligible for benefits provided under this section as follows: (1) St. Thomas/St. John District approved applicants are entitled to 100% benefits for a period of 20 years if they remain in compliance with all the requirements of this chapter. (2) St. Croix District approved applicants are entitled 100% benefits for a period of 30 years if they remain in compliance with all the requirements of this chapter. (3) Approved applicants, or Board approved affiliates that make an additional investment in the beneficiary business, in infrastructure, new construction, or refurbishment in an aggregate amount of not less than Two Million, Five Hundred Dollars during the term of its existing certificate are entitled to 100% of existing benefits for an additional period of 5 years upon the expiration of its certificate if they remain in compliance with all the requirements of this chapter. (4) Approved applicants, or Board approved affiliates, that make an additional investment in the beneficiary business, in infrastructure, new construction, or refurbishment in an aggregate amount of not less than One Million Dollars, upon a finding by the Board of good cause, may be granted 100% of existing benefits for an additional period of 5 years upon the expiration of its certificate if they remain in compliance with all the requirements of this chapter. (5) Existing beneficiaries that remain in compliance with all the requirements of this chapter and their certificate are eligible for one 10-year extension at 100% of existing benefits. This extension may be approved by the Commission, but does not require a public hearing. (6) The Commission may consider and approve a lesser percentage of benefits and/or term of benefits. (c) Tax exemptions and benefits shall be granted under this section only if the applicant granted an economic development certificate can provide certification from the Internal Revenue Bureau and Department of Finance that the applicant has filed and paid all taxes, penalties and interest and from the Office of the Lieutenant Governor that the applicant has filed its required annual report or has satisfactorily made agreement to pay the taxes or file the required reports. (d) Existing beneficiaries may apply for a modification to take advantage of longer benefit period. Any modification of benefit period, when added to current period used, could not exceed the maximum period as if granted at time of initial approval. Any modifications shall be at the beneficiary's existing benefit level. Any increased benefits must be prospective only, with no retroactive benefits increase. History: Amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 150; Oct. 27, 1980, No. 4502, § 1(e), Sess. L. 1980, p. 238; Jan. 8, 1982, No. 4665, §§ 11, 12, Sess. L. 1981, p. 294; Dec. 8, 1986, No. 5224, § 1(21), Sess. L. 1986, p. 348; July 30, 1987, No. 5270, § 2, Sess. L. 1987, p. 111; Feb. 1, 2001, No. 6390, § 2, Sess. L. 2000, p. 403; amended Oct. 13, 2014, No. 7651, § 2(h), (i), Sess. L. 2014, p. 252, 253; amended June 14, 2018, No. 8056, § 4, Sess. L. 2018, p. 92; amended Dec. 30, 2019, No. 8276, § 1(b)(1), (2), Sess. L. 2019, p. 182, 183; amended Apr. 11, 2022, No. 8559, § 3(a)(1)(A)-(F), (2)(A)-(E), (3), Sess. L. 2022, p. 126, 127.

(a) Each applicant, who is granted an economic development certificate, shall have his income tax liability, for income derived from the business or industry for which the certificate is granted, and income from investments described in section 713d(c)(2), reduced on a current basis, as provided in this section. (1) All exemptions granted under section 713a of this title shall be made available to the applicant hereunder. (2) The option to choose the term and the percentage of its tax exemptions, granted under section 713a(b) of this title, shall be made available to the applicant hereunder. (3) Beneficiaries receiving subsidies of income taxes under this chapter prior to the effective date of this act who elect to have their income tax liability, or payments, date of this act who elect to have reduced on a current basis (after December 31, 1990), as provided in this section, must obtain a revised economic development certificate evidencing this election, along with the terms thereof, prior to its implementation; provided, that no increase in the term or in the percentage of benefit shall be granted under this section than appertained at the date of the election to have its income tax liability or payments reduced on a current basis. Notwithstanding section 715(a) of this subchapter, the Commission shall issue a revised certificate without public hearings, provided, that no beneficiary issued a certificate before January 1, 1987, and no successor beneficiary to whom benefits are transferred (from a predecessor beneficiary who received a certificate prior to January 1, 1987) may receive income tax exemptions prior to January 1, 1991. (4) An applicant may obtain the benefits commencing the first day of the applicant's taxable year for income tax purposes, or commencing one day after the due date for the payment of an installment of estimated income taxes by the applicant. If no payment of an installment of estimated income taxes by the applicant is due, then the date of commencement of the benefits under this section shall be the due date of such a payment, if one had been due from the applicant. (b) An applicant shall be entitled to: (1) reduce the amount of each payment of estimated income taxes by ninety percent (90%); and (2) reduce his income tax liability shown on his income tax return for the taxable year by ninety percent (90%); for each of the remaining years specified in the revised economic development certificate granted him under the provisions of this section. In the case of estimated income taxes such reduction shall be prorated over the quarterly payments due, or constructively due by the applicant, and in the case of the determination of his income tax liability, by the entire amount of the subsidy thus constructively calculated. (c) The reduction of income tax liability on a current basis of, or the reduction of income taxes otherwise payable by, applicants entitled to such reduction shall be applicable with respect to all of the computations, assessments, and collection of such income taxes, as provided by the 1954 Internal Revenue Code, as amended, and with respect to the payment of the estimated income taxes, as provided by sections 6105, 6153, 6154 and 6201 of the 1954 Internal Revenue Code, as amended. (d) An individual whose permanent residence is in the Virgin Islands; a corporation which is organized under the laws of the Virgin Islands; or a corporation organized under the laws of the United States, or one of the states, territories or commonwealth thereof, whose principal office is located in the Virgin Islands, is presumed to continue to be permanently domiciled in the Virgin Islands for purposes of this section, unless it is established that such residency or domicile has been superceded by a new residence or domicile. (e) (1) This subsection applies to: (A) shareholders, members, partners, grantors, beneficiaries, or other direct or indirect owners who are bona fide residents of the Virgin Islands pursuant to section 932(c) of 932(c) of the Internal Revenue Code of 1986ed and who have been approved for tax reductions by the Economic Development Commission; and (B) entities, including without limitation, corporations, trusts, partnerships and limited liability companies, established in, qualified, or registered to do business in the Virgin Islands which have been approved for tax reductions by the Economic Development Commission. (2) The shareholders, members, partners, grantors, beneficiaries, or other owners referenced in paragraph (1) of this subsection are entitled to a ninety percent (90%) reduction on income taxes payable with respect to income derived from the dividends paid to them or the distributive share allocated to them by the beneficiary, as applicable, and which dividends or distributive shares are attributable to income derived from the business or industry for which the certificate is granted and income from investments described in section 713d(c)(2). History: Added Jan. 8, 1982, No. 4665, § 12, Sess. L. 1981, p. 294; amended Dec. 8, 1986, No. 5224, § 1(22), (23), Sess. L. 1986, p. 348; Feb. 1, 2001, No. 6390, § 13, Sess. L. 2000, p. 408; Sept. 1, 2005, No. 6748, § 3, Sess. L. 2005, pp. 206, 207; amended June 14, 2018, No. 8056, § 5, Sess. L. 2018, p. 93; amended Dec. 30, 2019, No. 8276, § 1(c), Sess. L. 2019, p. 183.

Notwithstanding any other law, raw materials and component parts (as defined by the Commission) brought into the Virgin Islands by a beneficiary for the purpose of producing, creating or assembling an article, good or commodity as a result of industrial or manufacturing processing such raw materials or component parts shall be imported into the United States Virgin Islands at a customs duty rate of one percent (1%). History: Added Dec. 8, 1986, No. 5224, § 1(24), Sess. L. 1986, p. 350.

Dividends; Withholding (a) Every person who receives a payment of dividends or interest subject to the tax imposed by section 871(a)(1) or 881 of the Internal Revenue Code (as it applies in the Virgin Islands) from an applicant granted an industrial development certificate as hereunder provided, and every such applicant subject to a tax on a dividend equivalent amount imposed by section 884 of the Internal Revenue Code (as it applies to the Virgin Islands) shall be exempted from the payment of 100% of such tax on interest and of that percentage of such tax on dividends and dividend equivalent amounts as is determined pursuant to subsection (c) of this section, to the extent that such dividends, interest and dividend equivalent amounts are derived from or related to the business or industry for which the said certificate has been granted. (b) An applicant granted an industrial development certificate as hereunder provided shall be exempted from the requirement to withhold tax pursuant to sections 1441 and 1442 of the Internal Revenue Code (as it applies in the Virgin Islands) with respect to the payments and dividend equivalent amounts referred to in subsection (a) of this section to the extent that such payments and dividend equivalent amounts are exempt from the tax described in said subsection. (c) (1) The percentage of exemption from tax on dividends and dividend equivalent amounts referred to in subsection (a) of this section shall be 60% unless the conditions of paragraph paragraph (2)ubsection are met, in which case the percentage shall be 80%. (2) The percentage of exemption of 80% shall apply with respect to the tax on dividends and dividend equivalent amounts paid by an applicant granted an industrial development certificate who, at any time from the beginning of each taxable year that the certificate is in effect, but not later than ninety (90) days after the date of filing of the corresponding income tax return for such taxable year, places, invests, and maintains, for a fixed term of not less than (5) years, not less than fifty percent (50%) of its net income derived from the business or industry for which an industrial development certificate has been granted for such year after the payment of the taxes provided by law, in the payment of the balance of the principal of any debt by law, in the payment of the incurred by the applicant for the acquisition of property to be devoted to said business or industry or in any of the following: (A) obligations of the Government of the Virgin Islands or any of its instrumentalities; (B) mortgage loans or loans guaranteed by an instrumentality or agency of the Government of the Virgin Islands or of the Government of the United States for the financing of the construction or acquisition or improvement of housing in the Virgin Islands; (C) loans for the construction, expansion or purchase of industrial buildings or industrial land, and for the acquisition of machinery and equipment or working capital utilized in businesses or industries granted industrial development benefits; (D) loans of the Virgin Islands Economic Development Bank; (E) commercial loans in excess of one million dollars made to Virgin Islands borrowers or borrowers in the Virgin Islands that (i) have been rejected by, or not approved within 30 days from the date a written loan application has been made to, any licensed Virgin Islands financial institution; and (ii) bear interest at an interest rate of not less than five percentage points above the Federal Home Loan Mortgage Corporation's posted yield on the last business day of the month on thirty-year standard conventional fixed-rate mortgages committed for delivery within sixty days, rounded to the nearest one-fourth percent, which rate shall take effect (a) on the first day of the immediately subsequent month and continue in effect for the remainder of said month, and (b) apply to all commitments made by a beneficiary during such month. If for any reason, the Federal Home Loan Mortgage Corporation ceases its auction, temporarily or permanently, the index in the preceding sentence shall be based on the Federal Home Loan Bank Board's average monthly contract rate. All existing and future beneficiaries are permitted to make such loans without modification of their certificates; (F) capital contributions in excess of one million dollars made to Virgin Islands business entities or business entities in the Virgin Islands. All existing and future beneficiaries are permitted to make such capital contributions without modification of their certificates. (i) All loans and investments made under subparagraphs (E) and (F) must be registered with the Economic Development Commission within thirty days after the investment or loan was made. (ii) For the purposes of this paragraph, the prime interest rate is determined by the Lieutenant Governor pursuant to title 9, section 183 of the Virgin Islands Code. (iii) All companies wishing to make loans under this section must register with and provide quarterly reports to the Office of the Lieutenant Governor. (G) any other loans, obligations, or investments approved by the Governor and the Legislature of the United States Virgin Islands. History: Added Dec. 8, 1986, No. 5224, § 1(25), Sess. L. 1986, p. 350; amended Sept. 1, 2005, No. 6748, § 4, Sess. L. 2005, pp. 207, 208; Oct. 17, 2005, No. 6793, § 8, Sess. L. 2005, p. 354.

(a) Notwithstanding any other provision of law to the contrary, in order to carry out the purposes of the Virgin Islands Affordable Housing Program, every person, firm, partnership, joint venture or corporation providing affordable housing through the development of affordable housing units or affordable real estate lots for sale as housing units which development is approved and enacted into law as part of the Virgin Islands Housing Finance Authority's Three Year Affordable Housing Plan or pursuant to an approved Affordable Housing Development Agreement with the Virgin Islands Housing Finance Authority pursuant to the Virgin Islands Affordable Housing Program shall be entitled to tax exemption certificates and benefits based on the total cost of infrastructure and lots and shall be exempt from the payment of the following taxes: (1) all gross receipts taxes related to receipts, cash or accrued, derived from or directly connected with the production of affordable housing units under the Act, but if such receipts are derived from or effectively connected with the production of affordable housing units under the Act and other housing units or other types of construction, then the provider of affordable housing under the said Act must allocate the gross receipts between the housing units under the Act and the other construction, based on the provider of affordable housing's total cost of construction. The provider of affordable housing must only claim an exemption for the portion of the receipts allocated to the production of affordable housing units under the Act. The costs of any common facilities must also be allocated between the housing units under the Act and the other construction; (2) all excise taxes on building materials, articles, supplies, goods, merchandise, tools manufactured or brought into the Virgin Islands on or after April 1, 1990, to be used or employed exclusively in the production of affordable housing units under the Act; (3) all customs duties in excess of a 1% handling charge on all materials, goods, tools, equipment, articles and commodities imported into the Virgin Islands to be used exclusively for the production of affordable housing under an approved Affordable Housing Development Agreement under the program. (b) In addition to the exemptions provided in subsection (a), every person, firm, partnership, joint venture or corporation qualifying under subsection (a) of this section, shall have all corporate and individual income tax liability reduced to zero for a period equal to the term of the applicable Affordable Housing Development Agreement or applicable construction, operation or management agreement with respect to income derived: (1) from the construction of affordable housing units under the Virgin Islands Affordable Housing Program; (2) from or effectively connected with the sale or rental of affordable housing under the Virgin Islands Affordable Housing Program, whether such housing is new construction, rehabilitated or improved; (3) from the operation or management of such affordable housing during the period in which it is not sold; or (4) where applicable, from the management of rental property, provided that, in addition to any prerequisites stated in the Act, the person seeking such exemption meets the following conditions: (1) in the case of an individual or a partner in a firm or partnership or a participant in a joint venture, such person is a bona fide resident of the Virgin Islands, and in the case of a corporation, is created under the laws of the Virgin Islands; (2) such person meets the requirements of subsection (b) of section 934 of the934 of the Internal Revenue Code of 1986ed, or any other applicable provision of federal law, and the provisions of this section 713e, or any regulations issued under such laws; (3) such person undertakes to provide affordable housing as provided in the Act. The exemptions granted in this section shall apply to any vendor of construction supplies and material for use in affordable housing projects pursuant to the Affordable Housing Program authorized by Title 29, chapter 16, Virgin Islands Code, in the same manner that such exemption is applied to providers of affordable housing. (c) Notwithstanding any provision of law to the contrary, the exemption from payment of gross receipts taxes set forth in paragraph (1) of subsection (a) of this section, shall also be granted to all subcontractors for work performed on affordable housing projects pursuant to the Virgin Islands Affordable Housing Program in the same manner that such exemption is applied to providers of affordable housing. (d) Any person entitled to the tax benefits hereby conferred shall apply to the Director under this subchapter for an appropriate certificate of tax exemption. Certificates shall be approved or disapproved by the Commission in accordance with rules and regulations promulgated by the Commission. In considering an application for a certificate, the Director shall consult with the Department or the VIHFA as the case may be to determine whether the applicant for tax benefits hereunder is in default under the Affordable Housing Development Agreement signed by the applicant or under any other agreement or arrangement undertaken by the applicant in connection with the program. (e) The Commission shall issue rules and regulations, consistent with this section and the Act, as may be necessary and appropriate to implement this section. (f) No loan made pursuant to any provision of this Act, including, without limitation, any loan to finance the construction, rehabilitation, improvement, or purchase of affordable housing under this Act, shall be considered a below-market loan for the purposes of section 7872 of the Internal Revenue Code of 1986, as amended. Accordingly, no interest in excess of the rate charged on a loan shall be imputed as income with regard to any loan made pursuant to any provision of this Act. (g) A developer agreement with the Housing Finance Authority entered into by such Authority in connection with mortgage revenue bonds issued by such Authority before December 1, 1990, pursuant to the provisions of applicable Federal tax law shall be treated for all purposes of this section as an approved Affordable Housing Development Agreement entered into pursuant to the Affordable Housing Program for the production of affordable housing units under the Low and Moderate Income Affordable Housing Act of 1990, as amended. (h) A developer who has entered into an Affordable Housing Development Agreement with the Virgin Islands Housing Finance Authority for the construction, rehabilitation or improvement of housing units under the Low and Moderate Income Affordable Housing Act of 1990, as amended, for a project included in an Affordable Housing Plan, which is approved pursuant to Title 21, chapter 2, Virgin Islands Code, shall automatically receive a certificate of exemption from taxes as provided under this section. History: Added Mar. 19, 1990, No. 5523, § 13, Sess. L. 1990, p. 64; amended June 8, 1990, No. 5575, §§ 1(b), 2, Sess. L. 1990, p. 226; Jan. 3, 1991, No. 5694, Sess. L. 1990, p. 588; May 3, 1994, No. 5978, §§ 3(g), (h), 7, Sess. L. 1994, p. 67; amended June 14, 2018, No. 8056, § 6, Sess. L. 2018, p. 93; amended Sept. 29, 2023, No. 8770, § 12(b)-(e), Sess. L. 2023, p. 133.

(a) There is established in the Virgin Islands Building Contractors Incentive Program to encourage local employment, to encourage investors to build more hotel rooms on the island of St. Croix, and to stimulate the Virgin Islands economy. (b) A building contractor, subcontractor, hotel developer, supplier, or vendor providing construction services, building materials, supplies or related services to companies and developers that have invested in major hotel developments are eligible to participate in the Building Contractors Incentive Program. To qualify and remain eligible for benefits under this section: (1) An applicant shall complete and submit to the Director an application for participation in the Program and provide the information requested by the Director. (2) An applicant must be in compliance with all tax, licensing and other applicable laws of the Virgin Islands. The applicant shall provide certification from the Internal Revenue Bureau and Department of Finance that the applicant has filed and paid all taxes, penalties and interest and from the Office of the Lieutenant Governor that the applicant has filed its required annual report or has satisfactorily made agreement to pay the taxes or file the required reports. (3) An applicant must, in the case of a natural person, be a bona fide resident of the Virgin Islands with his principal place of business in the Virgin Islands and a citizen or legal resident of the United States; in the case of a partnership, limited liability company, trust or similar entity, be a partnership, limited liability company, trust or similar entity within the meaning of that term under the laws of the Virgin Islands with its principal place of business in the Virgin Islands; in the case of a corporation, be either incorporated under the laws of the Virgin Islands with its principal place of business in the Virgin Islands or under the laws of the United States, a state, territory, or commonwealth thereof, or a foreign country, and be duly registered to conduct business in the Virgin Islands. (4) An applicant must agree in writing to comply with all the applicable requirements of this subchapter, and agree in writing, as applicable to the applicant's business, to employ or contract, and to require all contractors retained by him to employ or subcontract, for services and to purchase goods, materials and supplies with and from those persons, firms and corporations who are residents of the Virgin Islands, or incorporated under the laws of the Virgin Islands, and who are duly licensed to do business in the Virgin Islands and have been so duly licensed for one year or more prior to the initial date of any such employment, contract, subcontract, or purchase, agree, where applicable to provide training in the applicant's trade, and agree to comply with any regulations promulgated under this section and conditions imposed in the certificate of tax exemption. (c) Notwithstanding any other provision of this subchapter to the contrary, in order to carry out the purposes of the Building Contractors Incentive Program, every approved building contractor, subcontractor, hotel developer, supplier and vendor providing construction services, supplies, equipment and related services to companies and developers that are developing hotels in the Territory are entitled to an exemption from payment of the following taxes: (1) all gross receipts taxes related to receipts, cash or accrued, derived from or directly connected with the development of hotels; (2) all excise taxes on building materials, articles, supplies, goods, merchandise, tools manufactured or brought into the Virgin Islands on or to be used or employed exclusively in the production of hotel units under the section; and (3) all customs duties in excess of a 1% handling charge on all materials, goods, tools, equipment, articles and commodities imported into the Virgin Islands to be used exclusively for the development of hotels. (d) In addition to the exemptions provided in subsection (a), every building contractor, subcontractor, hotel developer, supplier and vendor qualifying under this section, shall have all corporate and individual income tax liability reduced to zero for a period equal to the period in which the beneficiary under this section provides services or supplies to a hotel development, or such other period as the Commission by regulation may determine. (e) Any person entitled to the tax benefits conferred under this section shall apply to the Director under this subchapter for an appropriate certificate of tax exemption. Certificates must be approved or disapproved by the Commission and the Governor in accordance with rules and regulations promulgated by the Commission. (f) Subject to the approval of the Governor, the Commission shall issue rules and regulations, consistent with this section as may be necessary and appropriate to implement the Building Contractors Incentive Program. History: Added Feb. 2, 2010, No. 7149, § 14(b), Sess. L. 2009, p. 413; amended Oct. 13, 2014, No. 7651, § 2(j), Sess. L. 2014, p. 253.

(a) If the beneficiary owns and operates more than one enterprise in the Virgin Islands, benefits granted under this subchapter shall apply only to those specified in the certificate. (b) With respect to a corporation, partnership, including a general partnership, limited partnership, limited liability partnership, or limited liability limited partnership, the Commission shall review the ownership structure, or the proposed ownership structure, of the corporation, partnership, limited liability company, trust or similar entity and may, upon review of the applicant's business plan or amended business plan, and consistent with the basic purposes and objectives of this subchapter, limit the number of shareholders, partners, owner or beneficiary of the entity. Any new shareholder, partner, owner or beneficiary added to the entity after its application has been approved may not claim benefits under this subchapter without the prior written approval of the Commission prior to the establishment of the new shareholder, partner owner or beneficiary of the entity. The Commission may adopt additional rules governing the approval of additional entities. The Commission shall provide to the applicant a written, detailed explanation of the basis for any withholding of approval. (c) Any entity, including without limitation, a limited liability company, that is disregarded for income tax purposes pursuant to Treasury Regulation section 301.7701-3(b)(1)(ii), as applicable in the Virgin Islands, shall be similarly disregarded for all purposes of title 29, chapter 12 of the Virgin Islands Code, so that a beneficiary can establish directly or indirectly one or more such single-owner entities, and such entity or entities shall be considered to be a part of the beneficiary. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 205; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 152; Jan. 8, 1982, No. 4665, §§ 13, 14, Sess. L. 1981, p. 296; June 7, 2004, No. 6675, § 27, Sess. L. 2004, p. 47; Sept. 1, 2005, No. 6748, §§ 1(b), 2, Sess. L. 2005, pp. 205, 206; Oct. 17, 2005, No. 6793, § 9, Sess. L. 2005, p. 354; amended Oct. 13, 2014, No. 7651, § 2(l), Sess. L. 2014, p. 253, 254.

(a) Notwithstanding any other law, Virgin Islands producers of Virgin Islands rum, who possess an economic development certificate, under the provisions of this subchapter, shall receive extended benefits under sections 713a and 713b of this subchapter, for a period of time equal to the greater of (1) twenty (20) years from the date of enactment of this section, or (2) the period of time during which any bonds, issued by the Government of the Virgin Islands pursuant to 48 USC §1574a(a) ("Matching Fund Bonds", in existence on the date of enactment of this section which remain outstanding. However, should the Government of the Virgin Islands after the enactment of this section, issue any new Matching Fund Bonds secured by United States excise taxes returnable to the Treasury of the Government of the Virgin Islands pursuant to section 28(b) of the Revised Organic Act of 1954 and section 7652(b) of the United States Internal Revenue Code, as amended, the period of time referenced in (2) hereof shall be the period of time during which any new Matching Fund Bonds remain outstanding. (b) The provisions of section 715, of this subchapter, shall not apply to the provisions of this section. History: Added Oct. 6, 2000, No. 6360, § 18, Sess. L. 2000, p. 420.

Producers of Milk and Milk Products (a) Notwithstanding any other law, Virgin Islands processors and producers of milk and milk products, who possess an Economic Development Certificate, under the provisions of this subchapter, shall receive extended benefits under sections 713a, 713b, 713c and 713d of this subchapter, for a period of time equal to twenty-five (25) years from the date of enactment of this section. (b) The provisions of section 715 of this subchapter shall not apply. History: Added Feb. 1, 2001, No. 6391, § 2(n), Sess. L. 2000, p. 453.

Assembly Business (a) Notwithstanding any other law, watch and jewelry manufacturing and assembly businesses that possess an economic development certificate or an economic development certificate, under the provisions of this subchapter, shall receive extended benefits under sections 713a, 713b, 713c and 713d of this subchapter, for a period of time equal to the greater of (1) twenty (20) years from the date of enactment of this section, or (2) the period of time that the Federal Production Incentive Certificate Program provisions, which are set forth in the Harmonized Tariff Schedule of the United States, Supplement 1, Chapter 91, Additional U.S. Note 5 and Chapter 71, Additional U.S. Note, are in effect. (b) The provisions of section 715, of this subchapter, shall not apply to the provisions of subsection (a) of this section. History: Added Dec. 23, 2003, No. 6634, § 58, Sess. L. 2003, p. 159.

Industries (a) Upon proper application or reapplication, public hearing and in compliance with all other relevant provisions of this subchapter pertaining to the grant of initial benefits, as determined and required by the Commission, any recipient of economic development benefits, granted either pursuant to this subchapter or under previously existing law, may be granted a modification of those benefits subject to the conditions stated herein. (1) Benefits granted hereunder shall be pursuant to the provisions of this subchapter only, and not pursuant to the provisions of any previous law. (2) The Commissioner of Labor shall certify the applicant's compliance with all labor laws, rules and regulations prior to extension, modification or renewal of benefits. (3) If a completed extension or renewal application is not approved or denied by a date that is three months from the date the application is deemed complete by the Commission, then the Commission shall issue an extension or renewal certificate to the applicant subject to the condition that the Commission may, upon completion of its compliance review of the prior benefit period only, impose any compliance fines for violations occurring within three years prior to the issuance of the renewal certificate. (b) The Commission shall not grant any modification of benefits under an existing certificate or grant a new certificate unless it is determined at the time of the application or reapplication for same that the industry or business of the applicant is deserving of the benefits applied for and that it will or continues to promote the economic development of the Virgin Islands. However, the Commission shall not grant any extension or modification under an existing certificate if that industry or business is expanded as a result of a merger of a similar business or acquisition of an existing business. In making such determination the Commission shall consider all of the following: (1) The amount of additional investment utilized in improving or expanding existing equipment or facilities. (2) Increase in employment of Virgin Islands residents and the progressive nature, or lack thereof, of the applicant's employment practices in general, including the scope and effectiveness of employee training programs designed to qualify Virgin Islands residents for employment or promotion within the applicant's industry or business. (3) Whether the industry or business continues to be compatible with the ecology of the Virgin Islands. (4) Such other criteria as are required to be applied in determining qualification for the initial economic development certificate under this subchapter as are appropriate, as determined by the Commission. (c) Notwithstanding the other provisions of this section, and consistent therewith, it is specifically contemplated that this section may be utilized to permit the granting of exemption and subsidy benefits for the continuation or reopening of businesses or industries which have previously enjoyed such benefits but which the Commission deems to be a particular importance to the economy of the Virgin Islands and finds could not otherwise continue or reopen. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 205; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 153; Dec. 2, 1999, No. 6333, § 32, Sess. L. 1999, p. 206; Sept. 1, 2005, No. 6748, § 14, Sess. L. 2005, p. 210; Oct. 26, 2010, No. 7233, § 54, Sess. L. 2010, p. 268; amended Oct. 13, 2014, No. 7651, § 2(m), Sess. L. 2014, p. 254; amended June 14, 2018, No. 8056, § 7, Sess. L. 2018, p. 93; amended Apr. 11, 2022, No. 8559, § 3(b), Sess. L. 2022, p. 127.

(a) Applications for economic development benefits shall be filed with the Director on forms to be designed, printed and provided by him or at his direction. All applications of partnerships shall include a list of the names and addresses of the partners. All applications from a corporation shall include a statement listing the names and addresses of all persons, firms or corporations owning five or more percent of the stock or equitable interest in the enterprise filing the application, which statement shall specify the percentage of stock or equitable interest owned by each such listed person, firm or corporation and, in the case of such a firm or corporation, shall also specify the names of its directors and principal officers. All applications of limited liability companies shall include a list of the names and addresses of the members. If the applicant is granted an economic development certificate, the holder of such certificate shall annually file in the office of the Lieutenant Governor, not later than April 15, a report authenticated by the beneficiary's president, vice-president or other authorized officer or employee, listing the names and addresses of all persons owning five or more percent of the stock or equitable ownership in the benefitted business or industry of such certificate holder, which report shall specify the percentage of stock or equitable interest owned by each such listed person. The report must also include the names and addresses of all legal or equitable owners of such benefited business who have or will claim benefits under this subchapter as bona fide residents of the Virgin Islands. The Director shall carefully review all such applications and undertake such preliminary research and investigations, including, but not limited to the reputation, business background and experience of the applicant, as he deems necessary in formulating his recommendations with regard to same. (b) The Director shall, within forty-five (45) working days after receiving an application for economic development benefits, submit such application to the Commission Chairman accompanied by a detailed report containing his findings and recommendations with regard to that application. The Director shall, prior to submitting his recommendations, consult with the Virgin Islands Planning Office and any other governmental department or agency possessing expertise regarding a particular application, and shall conduct such other investigations or inquiries as he deems appropriate. The Director may recommend that all economic development benefits available under this subchapter be granted or may recommend the certificate be denied outright or until such time as the applicant effects specific changes in his investment proposals. (c) If an applicant under this section is an Electronic Commerce Business or e-Commerce Business or Knowledge-Based Business as defined in 17 V.I.C. § 482, the Director shall promptly, but no later than 10 days after receipt of the application, refer the applicant and application to the University of the Virgin Islands Research and Technology Park for consideration as a tenant and title 17 benefit recipient. If the Board of Directors denies benefits to the applicant, the Board shall no later than 10 days refer the application back to the EDA for consideration of granting Economic Development Benefits. The EDA and RT Park may promulgate joint regulations to implement this section. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 207; amended Aug. 11, 1972, No. 3293, Sess. L. 1972, p. 430; Dec. 21; 1973, No. 3504, § 1, Sess. L. 1973, p. 295; Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 154; Oct. 27, 1980, No. 4502, § 1(f), Sess. L. 1980, p. 238; Feb. 12, 1998, No. 6204, § 6(c), Sess. L. 1998, p. 100; Sept. 1, 2005, No. 6748, § 1(c), Sess. L. 2005, pp. 205, 206; amended June 18, 2014, No. 7632, § 7, Sess. L. 2014, p. 174.

(a) Upon receiving the report and recommendations of the Director on a particular application the Commission shall, after due public notice, hold a public hearing on said application, of which a verbatim transcript shall be taken, at which hearing all interested parties, including members of the public, shall have an opportunity to appear and testify. After carefully considering all relevant factors regarding an application for economic development benefits, the Commission shall make its determination regarding whether said benefits should be granted or denied, and shall prepare and submit to the Governor and the applicant a detailed report containing its findings thereon. (b) With respect to a new application for benefits, the Commission shall communicate a finding that the benefits should be denied by transmission of the Commission's report to the applicant, which constitutes official notice of the denial of benefits. Said report of denial shall describe in detail the reasons for said denial and may specify changes in the investment proposal which would likely lead to a more favorable consideration of a future benefit application. If an application is disapproved, the applicant or beneficiary may petition the Commission, through a written petition to the Commission, in accordance with Rules & Regulations of the EDC, for reconsideration of action within 10 calendar days, excluding Sundays and holidays, from the date the disapproval is received by the applicant. (c) [Deleted.] (d) Upon receipt of the report and recommendation of the chief officer on an application of an applicant, including those seeking benefits as a Category V international financial service entity under title 29 V.I.C. § 708(a), and a public hearing held after due public notice, the Commission shall consider whether the specific requirements for such entities as set forth in title 9, chapter 25 have met, and no other factors. If the requirements have been met, the Commission shall grant the benefits applied for without condition. Upon approval of a grant of benefits, the Commission shall proceed to promptly issue the tax benefit certificate referred to in title 9, V.I.C. chapter 25, subchapter II. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 155; amended Oct. 13, 2014, No. 7651, § 2(n), Sess. L. 2014, p. 254; amended Jan. 20, 2017, No. 7968, § 7(b), Sess. L. 2016, p. 394; amended Dec. 21, 2017, No. 8017, § 7(1), Sess. L. 2017, p. 91; amended June 14, 2018, No. 8056, § 8, Sess. L. 2018, p. 93.

History: Repealed. Dec. 21, 2017, No. 8017, § 7(2), Sess. L. 2017, p. 91.

(a) An economic development certificate shall be issued by the Commission in the name of the Government of the Virgin Islands and shall bear the signature of the Commission Chairman. The certificate shall specify all of the following: (1) In the case of a non-publicly owned corporation, a partnership, including a general partnership, limited partnership, limited liability partnership or limited liability limited partnership; a limited liability company; a trust, or similar entity, the names and addresses of all shareholders, partners, owners or beneficiaries. (2) The line or lines of businesses for which benefits have been granted. (3) The date by which the required financial investment shall have been completed by the beneficiary. (4) The beneficiary may receive credit for capital investments that occur no earlier than twelve months prior to the date the beneficiaries EDC application is deemed complete by the EDC. (5) The specific commencement and termination dates for the benefits granted under the certificate. (6) Such other conditions as the Commission shall deem appropriate, not inconsistent with the provisions of this subchapter or regulations promulgated hereunder. (b) In addition to the foregoing specifications, the certificate shall include a recital that it is conditioned upon the performance and observance of same by the beneficiary within a period of time specified, and upon the final determination of the Secretary of the Treasury of the United States or his delegate, of compliance with the requirement of Internal Revenue Code section 934 or 936. Upon failure of the beneficiary to perform or observe the conditions as required by the Commission within the specified period, or any extension thereof granted for good cause shown to the Commission, the certificate shall be deemed to be of no force and effect, and the beneficiary shall pay or refund as the case may be, to the Government of the Virgin Islands the amount of any benefit actually received under the certificate. Upon a final determination by the Secretary of the Treasury of the United States or his delegate that the beneficiary has not complied with the requirement of Internal Revenue Code section 934 or 936, the beneficiary shall pay or refund, as the case may be, to the Government of the Virgin Islands, the amount of any subsidy benefits, based on income tax liability, actually received, or the amount of the reduction of income tax liability on a current basis for all the years of non-compliance. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 156; amended Jan. 8, 1982, No. 4665, § 15, Sess. L. 1981, p. 297; Dec. 8, 1986, No. 5224, § 1(26), Sess. L. 1986, p. 352; Sept. 1, 2005, No. 6748, § 1(d), Sess. L. 2005, p. 206; amended Oct. 13, 2014, No. 7651, § 2(p), Sess. L. 2014, p. 254; amended May 1, 2018, No. 8032, § 1, Sess. L. 2018, p. 18.

(a) An economic development certificate granted under the provisions of this subchapter may be transferred, for the unexpired portion of the term of the certificate, to another person, corporation, partnership, who or which succeeds the beneficiary in carrying on or in operating the industry or business for which the certificate is granted, upon determination of the Commission that such person, corporation or partnership, is otherwise qualified to receive such benefits and provided the industrial or business activity with respect to which the certificate was granted is continued by the said person, corporation or partnership. Thereafter the transferor of the certificate shall lose all economic development benefits under this subchapter and shall be subject to the operation of the tax laws of the Virgin Islands. (b) Requests by the beneficiary to terminate benefits prior to the expiration of benefits agreed to within the certificate must be put in writing to the Commission. The Commission may: (1) Release the beneficiary from its stated monetary or contractual obligations to the EDC and the Islands; or (2) Take any other reasonable action within the authority of the Commission as authorized in this chapter. (c) Any of the action in subsection (a) by the Commission does not release the EDC beneficiary from any other obligations, contractual agreements, laws, or regulations related to the beneficiary's activities with any other federal or local governmental entity or its obligation contractual or otherwise with other entities. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 157; amended Oct. 27, 1980, No. 4502, § 1(g), Sess. L. 1980, p. 238; amended Oct. 13, 2014, No. 7651, § 2(q), Sess. L. 2014, p. 254, 255.

(a) The Director of the Virgin Islands Bureau of Internal Revenue, upon application for payment made by a beneficiary entitled to subsidy under the provisions of this subchapter and after audit, shall compute and determine currently the amount of such subsidy. Upon certification of the Director of the Economic Development Commission, the proper officers are hereby authorized to make payments of the subsidy in each case to the beneficiary entitled to receive the same from funds in the special account in the Treasury of the Virgin Islands designated as the "Economic Development Fund", as provided for in subsection (b) of this section. (b) Import duties or income tax payments made by persons qualifying for economic development certificates under the provisions of this subchapter shall be covered into a special account in the Treasury of the United States Virgin Islands to be designated as the "Economic Development Fund". The proper officers are authorized, without further legislation, to pay the subsidies authorized under the provisions of this subchapter from moneys in such special account and to transfer, with the consent of the Legislature or if the Legislature is not in session then with the consent of the Committee on Finance, surplus fund in the special account not required for the payment of such subsidies into the General Fund of the Treasury of the Virgin Islands. (c) In the case of any beneficiary who, in accordance with the applicable laws of the Virgin Islands, shall have applied for and been granted a redetermination of tax liability or taxes payable and a reduction in the amount of such tax liability or taxes payable has been granted pursuant thereto, the amount of subsidy determined for such beneficiary for the taxable years affected shall be accordingly adjusted by the Director of the Virgin Islands Bureau of Internal Revenue and such beneficiary shall be required to refund the excess of subsidy received for the said taxable years, together with interest at the rate of nine (9%) percent per annum from the date the beneficiary received the subsidy, or otherwise realized the subsidy benefit; provided, that said subsidy return, including accrued interest, may be offset or credited against any tax refund due to the beneficiary. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 208; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 158; May 11, 1977, No. 3977, Sess. L. 1977, p. 66; Jan. 14, 1981, No. 4519, § 1(b), (c), Sess. L. 1980, p. 255; Feb. 1, 2001, No. 6390, § 15, Sess. L. 2000, p. 409.

No claim or deduction by a beneficiary from income tax liability to the Virgin Islands for any taxable year based upon subsidy benefits provided for under this subchapter shall be allowed or made after the expiration of two years from the time the tax was paid. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 209; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 158.

Subject to the approval of the Governor, an economic development certificate granted in accordance with the provisions of this subchapter may be revoked, suspended or modified by the Commission, after due notice, public hearing and written findings by the Commission that: (1) the beneficiary has failed to maintain compliance with the requirements of this subchapter, or any regulation hereunder; or (2) in the case of a corporation, upon finding submitted to the Commission by the Attorney General of the Virgin Islands that the corporation: (A) has been dissolved; or (B) has filed, or there has been filed against the corporation, a petition in bankruptcy which has been approved; or (3) the beneficiary has failed to file an annual report of ownership as required by subsection (a) of section 716 of this subchapter; or (4) the beneficiary, or in the case of a corporate beneficiary, any officer acting in behalf of the corporation, has been convicted of a felony connected with the operation of the beneficiary's business or industry; or (5) (A) the beneficiary, or in the case of a corporation an officer acting in behalf of the corporation, has given or offered, or caused to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a public officer, or to a person executing any of the functions of a public office, or to a person elected, appointed or designated to thereafter execute the same, with intent to influence him with respect to any act, decision, vote, opinion or other proceedings, in the exercise of the powers or functions which he has or may have pertaining in any way to the economic development program. In addition to the fine and/or imprisonment provided in Title 14, section 406 of th406 of the Virgin Islands Codeoffense, any benefit granted or obtained as a result of such act, decision, vote, opinion or other proceeding shall be void as to the briber and/or recoverable from the briber as the circumstances of the particular case may dictate. (B) The Commission may also suspend or modify the certificate of a beneficiary, or in the case of a corporate beneficiary, any officer or member acting on behalf of the corporation or in the case of a partnership any partner acting on behalf of the partnership, that is the subject of federal or local law enforcement charges or investigations connected with the operation of the beneficiary business. Such suspension must be reviewed by the Commission after resolution of any investigation or charges. History: Added July 17, 1972, No. 3263, § 1, Sess. L. 1972, p. 210; amended Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 159; amended Oct. 13, 2014, No. 7651, § 2(r)(1), (2), Sess. L. 2014, p. 255.

(a) The Commission shall promulgate a schedule of fines for violation of any provision of this subchapter and the Beneficiary's Certificate within 90 days of the effective date of this section. (b) If any Beneficiary shall violate any provision of this subchapter, any rule or regulation promulgated hereunder, or provision of its Economic Development Certificate, or shall fail or refuse to perform any duty, requirement or lawful order made by the Commission, such beneficiary, after notice and the opportunity of a hearing, shall be fined in accordance with the schedule of fines under subsection (a) of this section. These fines shall be deposited into the Industrial Promotion Fund. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or person acting for or employed by any Beneficiary, acting within the scope of employment, shall, in every case be deemed to be an act, omission, or failure of such Beneficiary. (c) The Commission shall complete an annual compliance review of each beneficiary upon payment of its annual compliance fee. If the Commission fails to complete the annual compliance review, it shall be limited to assessing fines for violations that occurred during the calendar year of the annual compliance review being conducted. (d) The Attorney General of the Virgin Islands, at the request of the Commission, shall forthwith bring appropriate action to compel adherence to, or enjoin violations of any lawful orders of the Commission issued pursuant to this subchapter, and to recover in the name of the Government of the Virgin Islands the penalties provided herein. History: Added Feb. 1, 2001, No. 6390, § 6, Sess. L. 2000, p. 406; amended June 14, 2018, No. 8056, § 9(a), (b), Sess. L. 2018, p. 93; amended Apr. 11, 2022, No. 8559, § 3(c), Sess. L. 2022, p. 127.

Any applicant or beneficiary aggrieved by any action of the Commission under the provisions of this subchapter shall be entitled to judicial review thereof by appealing to the Superior Court of the Virgin Islands within 30 days after final decision by the Commission or Governor. Upon such review all findings, decisions or determinations by the Superior Court shall be deemed final in the absence of conclusive showing to the court of fraud or misrepresentation. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 159; amended June 14, 2018, No. 8056, § 11, Sess. L. 2018, p. 94.

For Benefits Any applicant or beneficiary who shall willfully make any false or fraudulent statement or representation as to any fact required or appropriate to the determination of the qualifications of eligibility of such applicant or beneficiary for benefits under this subchapter, or for the continuation or extension of the same, or who shall willfully make or present any claim for benefits under this subchapter knowing such claim to be false, fictitious or fraudulent, shall be fined not more than $25,000 or imprisoned not more than two years, or both. In addition to the foregoing, any benefits previously granted under this subchapter to such applicant or beneficiary shall be deemed automatically revoked, without necessity for the procedures established under section 722 of this subchapter; all taxes that were otherwise due and payable by such applicant or beneficiary but for the tax exemption benefits granted, shall become due and payable as of the date or dates when, but for such tax exemption, they would have been due and payable, and the same shall be assessed and collected in accordance with the provisions of the applicable tax laws in force for such date or dates; and the amount or amounts of all subsidy benefits, based on income tax liability, actually received, shall be deemed debts due and owing to the Government of the Virgin Islands as of the date or dates when payment of subsidy was made. History: Added Sept. 23, 1975, No. 3748, § 1, Sess. L. 1975, p. 160.

There is established in the Treasury of the Virgin Islands a special account to be known as the "Industrial Promotion Fund" (hereinafter, the "Fund"). The Fund shall contain all appropriations made by the Legislature to the Fund for promotional activities and other purposes, and all monies deposited therein, pursuant to section 705 of this subchapter shall remain available until expended. Expenditures from the Fund shall be made in accordance with law. The Director shall be the certifying officer for the Fund. History: Added Dec. 8, 1986, No. 5224, § 1(27), Sess. L. 1986, p. 352; amended Feb. 1, 2001, No. 6390, § 9, Sess. L. 2000, p. 407.

The Legislative intent of this subchapter is to promote the establishment of structured, sports-oriented and/or recreational facilities, to make opportunities for training and employment of local personnel in areas not currently available to Virgin Islands residents; to provide positive outlets for young people in an effort to curb juvenile delinquency; all of which purposes are in the best interest of addressing juvenile delinquency, engaging in crime prevention, and promoting the overall betterment of the territory of the Virgin Islands. (a) To this end, it is the policy and determination of the Legislature and the Government of the Virgin Islands to provide tax incentives to encourage individuals, partnerships, joint ventures, corporations, and/or organizations to invest in specific types of sports-oriented and/or recreational facilities for young people in the territory, including but not limited to the following: (1) skating rinks; (2) bowling alleys; (3) sports training gymnasiums; (4) youth recreational sports centers offering a combination of activities; (5) amusement parks which consist primarily of rides; or (6) such other facilities as the Commission deems eligible for benefits under this chapter. (b) It is further the policy and determination of the Government of the Virgin Islands that applications for designated tax incentives shall be monitored by the Economic Development Commission, with the approval of the Governor, but shall remain separate and apart from other programs over which the Commission has jurisdiction because the mission, nature, purpose and policies of this program differs from that of other programs over which the Commission has jurisdiction. (c) The Legislature and the Government of the Virgin Islands further declares that the issuance and approval of all incentives to provide positive sports and/or recreational activities and facilities shall be in the nature of a written contract between the Government of the Virgin Islands and the beneficiary; the provisions of which shall be binding upon both parties. (d) It is further declared that, subject to the approval of the Governor, any recreational incentive contract granted in accordance with the provisions of this subchapter may be revoked, suspended or modified in accordance with the provisions of Title 29, chapter 12, section 722, Virgin Islands Code. History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

History: Redesignated as 29 V.I.C. Ch. 12, Subch. II.

As used in this subchapter, unless the context otherwise requires: (a) "Commission" means the Virgin Islands Economic Development Commission as established in Title 29, chapter 12, section 704, Virgin Islands Code. (b) "Young people" as used in this chapter means persons between the ages of nine (9) and eighteen (18). History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

The Virgin Islands Economic Development Commission shall have within its powers the authority to negotiate and sign all contracts pursuant to establishing the provisions of this subchapter. History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

To qualify and remain eligible for benefits, an individual, partnership, joint venture, corporation, or organization which applies for benefits provided under this subchapter must: (a) Establish a facility deemed suitable and safe by the appropriate governing agencies, with adequate equipment, machinery, safety mechanisms, and other necessities for the initiation and maintenance of a complete program of recreation for which the proposed facility was established; and (b) Obtain and display for inspection a Certificate of Insurance evidencing insurance coverage of the sports or recreational facility and activities. History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

An individual, partnership, joint venture, corporation, or organization who qualifies under the provisions of this subchapter shall be entitled to: (a) An exemption from the payment of all gross receipts taxes while the business remains in operation and maintains its mission of providing recreational services for young people as specified in the approved application for a period of five (5) years. (b) An exemption from all excise taxes on building materials, articles, goods, merchandise, tools, equipment and supplies that constitute necessary purchases for the initial start-up of the business. (c) An exemption from real property taxes for the property on which the facility exists, provided, that the beneficiary is the owner of the real property and the facility is used for the purposes outlined in the approved application for a period of five (5) years. History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

(a) A beneficiary shall be required to promote the sport and/or recreation activity to young people within the territory by sponsoring and/or co-sponsoring youth leagues, which may include inter-island competitions between high schools. (b) A beneficiary shall hire and train individual employees pursuant to the provisions of Title 29, chapter 12, section 710, Virgin Islands Code. (c) A beneficiary shall hire and train at least one local resident for a management position for every three managers on staff, with no limitation on the number of residents who may become managers. History: Added Oct. 13, 1994, No. 6032, § 1, Sess. L. 1994, p. 236.

As used in this subchapter, the following terms have the meaning prescribed in this section: (1) "Audio data content" means any recordable form of audio or MIDI information in any digital or analog format resulting from either the recording process, capturing the audio data or the mixing and mastering process. (2) "Certificate" means the Certificate of Tax Incentive Benefits issued under this subchapter to a Virgin Islands company engaged in filmmaking or the recording of audio in a local music studio. (3) "Commissioner" means the Commissioner of the Department of Tourism or the Commissioner's designee. (4) "Director" means the Director of the Office of Film and Music Promotion established in section 747b. (5) Deleted. (6) "Music recording" means all forms, steps or techniques involved in the recording of audio for commercial purposes-including non-musical audio recording such as "books on tape" or voice-overs-for release on any media, including compact discs, digital downloads, digital streaming, or any other vehicle for such transmittal. (7) "Local music studio" means a music recording facility located in the Virgin Islands that has a business license for the purpose of operating a music studio, and has been in operation for a minimum of two years before applying for a certificate for tax benefits or governmental promotion or subsidies to the studio's clients under this subchapter. (8) "Local musician" means a musician or music engineer who is a bona fide resident in the Virgin Islands pursuant to section 26 U.S.C. §932(c) for a minimum of one before applying for a certificate for tax benefits or governmental promotion or subsidies to the corporation that hires the musician under this subchapter. (9) "Office" means the Office of Film and Music Promotion established in section 747a. (10) Deleted. (11) "Virgin Islands" means the Virgin Islands, as defined in section 2 of the Revised Organic Act of the Virgin Islands. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 11, 12; amended Aug. 18, 2015, No. 7751, § 12(b), Sess. L. 2015, p. 49.

History: Repealed. Aug. 18, 2015, No. 7751, §12(c), Sess. L. 2015, p. 49.

(a) The Office shall: (1) Undertake a vigorous program designed to advertise and promote the Virgin Islands as an ideal location for major and minor film productions and music/audio recording projects, including the production and distribution of pamphlets and brochures; the placing of appropriate advertising in various cinematography, music industry and other national and international publications; and the attendance at various music and film industry conventions; (2) Enlist the cooperation of other governmental departments, agencies and instrumentalities in arranging and scheduling film and music recording productions in the Virgin Islands, establishing procedures to facilitate such productions and establishing within the Office an information dissemination service to familiarize prospective film or music companies with local procedures and requirements; (3) Undertake appropriate promotion measures at the local level designed to foster an interest in all aspects of cinematography, music recording, live music performances and related fields, and providing information on the various employment opportunities in these fields available to Virgin Islands residents; (4) Submit periodic reports to the Governor and the Legislature regarding the success or shortcomings of the film and music promotion program, and recommend appropriate legislation designed to advance the goals of the program, including modifications to various tax exemptions, subsidies or other incentives; (5) Establish contact with and enlist the cooperation of private industries or businesses whose merchandise, equipment, facilities or services might be utilized by film-makers and recording artists/musicians/labels in the various steps of the film production process, (6) Establish contact with and enlist the cooperation of local film production companies, music studios and local musicians, whose facilities or services might be utilized by music production entities that seek to conduct business in the Virgin Islands; (7) Establish contact with and enlist the cooperation of local music venues and sound reinforcement companies, whose facilities or services might be utilized by artists/musicians/labels in live performances; (8) Establish a program and fund for scholarship grants or loans or similar program that: (A) is designed to promote the formal education of and provide assistance to Virgin Islands residents desiring to pursue careers in cinematography, audio recording and related fields; and (B) may be funded in whole or in part from fees collected under the music and film recording tax benefit program; (9) Establish liaisons with other governmental film and music promotion agencies in the United States, as well as in foreign countries, in order to encourage the free flow of information and ideas regarding the promotion of the filmmaking and music recording industries; (10) Encourage music artists, or music recording labels to film, in whole or in part, music videos in the Virgin Islands; (11) Encourage music artists and music labels to conduct film or audio recording projects in the Virgin Islands; (12) Promote and publicize the decisions by prominent music artists or music labels to conduct audio recording projects in the Virgin Islands; and (13) Perform such other functions as it considers appropriate to promote the film and music recording industries in the Virgin Islands. (b) The Office shall use its best efforts to ensure that all film production activities and music recording projects solicited or handled by the Office result in a production that reflects and portrays the Virgin Islands and its people in a positive light. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 12-14; amended Aug. 18, 2015, No. 7751, § 12(d), Sess. L. 2015, p. 49.

(a) The Director shall with the assistance and through the Virgin Islands Economic Development Authority ("EDA"): (1) Review all applications for tax incentive benefits; (2) Recommend to the EDA such regulations as may be necessary to implement the provisions of this subchapter; (3) Prepare and submit annual reports to the Governor and the Legislature containing data regarding all tax incentive benefits; (4) Promote the tax incentive program; and (5) Perform such other acts or functions within its area of responsibility as the Commissioner of Tourism may direct, the Board of the EDA may request, and as the Director considers necessary in furtherance of the purposes of this subchapter. (b) The Director shall make all reasonable efforts to encourage entities seeking tax benefit certificates to conduct filmmaking or music recording in both the St. Croix District and the St. Thomas-St. John District. The Director shall seek to achieve parity in the number of certificates granted for film or music production in the St. Thomas-St. John District and in the St. Croix District. (c) The Economic Development Authority shall: (1) Design and implement an application process for tax incentive benefits; (2) Review all applications recommended by the Director for tax incentive benefits, issue Certificates, and transmit Certificates to the Governor for final approval; (3) Determine compliance of the beneficiary with this subchapter and the regulations issued under this subchapter. (4) Modify, suspend or revoke a certificate of tax incentive benefits after holding a hearing in which the beneficiary has an opportunity to show cause why its certificate of tax incentive benefits should not be modified, suspended or revoked; (5) Recommend to the Commissioner such regulations as may be necessary to implement the provisions of this subchapter; (6) Prepare and submit annual reports to the Governor and the Legislature containing data regarding all tax incentive benefits. (7) In addition to the application fee and the annual compliance fees, assess against an applicant or beneficiary any extraordinary costs and expenses to process the application or monitor the beneficiary's performance of the conditions in the certificate, including costs of the services of outside consultants necessitated by the application or compliance investigation; (8) Notify the Office of the Lieutenant Governor, V.I. Bureau of Internal Revenue and other government entities as necessary, of any corporation, joint venture, limited liability company, partnership or any other entity that has been approved for tax incentive benefits within sixty days of such approval, as well as prepare and submit an annual listing of all entities that are approved for tax incentive benefits whether they are operational or not; (9) Conduct, as necessary, investigations with respect to all applications and beneficiaries for/of tax incentive benefits; (10) Promote the tax incentive program; prepare an annual budget for consideration and approval by the Commissioner; (11) Perform such other acts or functions within its area of responsibility as the Board of the EDA may direct and as the EDA considers necessary in furtherance of the purposes of this chapter. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 14-16.

(a) The Director may recommend to the EDA a grant of benefits only to applicants that meet the requirements established in this section. (b) The Director and EDA may not require an applicant to meet qualifications or requirements in excess of the conditions listed in this subchapter for the granting of an initial certificate. (c) In order to qualify and remain eligible for tax incentive benefits under this subchapter, an applicant must: (1) Be a corporation organized and licensed under the laws of the Virgin Islands with a Virgin Islands source income or income effectively connected with its Virgin Islands trade or business. A corporation that is organized under the laws of the Virgin Islands or one of the states, territories or commonwealths, whose principal office is located in the Virgin Islands, is presumed to be continually domiciled in the Virgin Islands for purposes of this section, unless it is established that such domicile has been superseded by a new domicile. (2) Conduct audio recording or mixing in the Virgin Islands at a licensed, local music studio or conduct a film project on location in the Virgin Islands. (A) For audio/music projects, at least 50% of the audio data content of the audio recordings for any commercial release to which the tax benefit certificate will apply must be created or recorded at a licensed Virgin Islands local music studio in order to receive the certificate, (B) Deleted. (3) Agree in writing to make all best efforts to employ local Virgin Islands musicians, recording engineers, or other personnel during the audio recording process, and to notify the Virgin Islands Department of Labor of the availability of employment, the number of employees required, the occupational classification of such workers, and the applicable wage rate. (4) Comply with all territorial and federal laws. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 16, 17; amended Aug. 18, 2015, No. 7751, § 12(e), Sess. L. 2015, p. 50.

(a) The tax liabilities for income meeting the requirements of section 747d(c)(2)(A) may be reduced or rebated pursuant to the Internal Revenue Code of 1986, as amended and as applicable to the Virgin Islands 26 U.S.C. section934(b)(l) (b) The beneficiaries of the tax benefits under section 747d(c)(2)(B) have the burden of demonstrating to the Internal Revenue Service and the Virgin Islands arising from works recorded in the Virgin Islands. (c) Each applicant granted a Certificate, under this subchapter is exempt from payment of the following taxes to the extent that same is utilized in the business and activity for which a certificate has been granted: (1) 90% Gross receipt taxes (2) 90% Corporate income taxes (3) 90% Personal income taxes as specified in subsection (d) of this section. (d) Each applicant granted a Certificate under this subchapter shall have its income tax liability for income derived from the business for which the Certificate is granted, and income from investment described in this section reduced on a current basis, as provided in this section. A tax-exempt music recording corporation receiving a certificate is entitled to: (1) For C-class corporations: reduction of the amount of each payment of estimated income tax by 90% for a period of ten years, at which time the beneficiary shall apply for renewal, if the applicant desires to continue receiving benefits after the initial period. (2) For all other classification of corporations: the reduction of the amount of each payment of estimated income tax by 80% for a period of ten years, at which time the beneficiary must apply for renewal, if the applicant desires to continue receiving benefits. (3) An additional 10% of income tax reduction is granted to entities receiving the tax incentive benefit certificate for music recording that accomplishes one of the following: (A) Employment of a minimum of three local musicians during the recording process, with a minimum of ten billable hours or $1000, if flat fee, paid to each local musician; (B) Recording of a music video in the Virgin Islands, with at least 20% of the screen time, including footage filmed in the Virgin Islands, and includes "Filmed in the U.S. Virgin Islands" or "Partially Filmed in the U.S. Virgin Islands" in the chyron or credits of the music video whenever possible; and (C) Arrange for the visiting recording artists to conduct at least one live performance in the Virgin Islands during their stay for the recording process. Such a live performance must take place at a public, licensed music venue in the Virgin Islands and must be no less than ninety minutes in length. (4) Deleted. (e) The reduction of income tax liability on a current basis of, or the reduction of income taxes otherwise payable by, applicants entitled to such reduction is applicable with respect to all of the computations, assessments, and collection of such income taxes, as provided by the 1954 Internal Revenue Code, as amended, and with respect to the payment of estimated income taxes as provided by sections 6105, 6153, 6154 and 6201 of the 1954 Internal Revenue Code, as amended. (f) The applicant has the obligation to report to the Internal Revenue Service the relevant amount of "VI Source Income" to be applied to the tax benefits provided in this subchapter. (1) Additional Tax Incentives. (A) "Sound Recording Investor Tax Rebate" means a 15% refundable tax credit based on total in- territory expenditures for the production of sound recordings. (B) "Infrastructure Investor Tax Rebate" means a 15% refundable tax credit on sound recording infrastructure development. (C) "Digital Interactive Media Tax Credits" provides a sellable tax credit up to 15% of the base investment in digital media production done in the Virgin Islands, including salary of Virgin Islands labor. (D) "Live Performance Tax Credit" provide a 15 percent Virgin Islands tax credit for eligible live productions, including theater, opera, ballet, jazz, comedy revues and variety entertainment on base investment and construction costs with an additional 10% tax credit on payroll for Virgin Islands residents. (2) Hotel Tax Waiver. (A) A hotel tax waiver will apply only to production companies which do not establish business entities in the Virgin Islands and will be applied as follows: (B) Minimum Production Expenditure of $225,000 and hotel stay over 30 days equals 2% waiver on the total room tax. (C) Minimum Production Expenditure of $500,000 and hotel stay over 30 days equals 4% waiver on the total room tax. (D) Minimum Production Expenditure of $750,000 and hotel stay over 30 days equals 6% waiver on the total room tax. (E) Minimum Production Expenditure of $1,000,000 and hotel stay over 30 days equals 7.5% waiver on the total room tax. (F) Minimum Production Expenditure of $1,500,000 or greater and hotel stay over 30 days equals full 10% tax waiver on the total room tax. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 17-20; amended Aug. 18, 2015, No. 7751, § 12(f), Sess. L. 2015, p. 50.

(a) Applications for benefits or extensions of benefits under this subchapter must be filed with the Director on forms designed, printed and provided by the Office. The application must contain such directives and information as prescribed by regulations. All applications of partnerships shall include a list of the names and addresses of the partners. All applications from a corporation shall include a statement listing the names and addresses of all persons, firms or corporations owning five or more percent of the stock or equitable interest in the enterprise filing the application, which statement shall specify the percentage of stock or equitable interest owned by each such listed person, firm or corporation and, in the case of such a firm or corporation, shall also specify the names of its directors and principal officers. All applications of limited liability companies shall include a list of the names and addresses of the members. (b) The EDA after receipt of recommendation from the Director shall carefully review all such applications and undertake such preliminary research and investigations, including, but not limited to the reputation, business background and experience of the applicant, as he deems necessary in formulating his recommendations with regard to same. (c) The application must be accompanied by a reasonable application and processing fee, as prescribed by regulations to be promulgated by the Economic Development Authority. (d) The Director shall, no later than 30 days after receiving an application for economic development benefits, approve or disapprove, and, if approved, transmit a Certificate to the Governor accompanied by a detailed report containing the Director's findings and recommendations with regard to that application. Before taking action on the application, the Director shall, prior to submitting his recommendations, consult with the Virgin Islands Department of Tourism and any other governmental department or agency possessing expertise regarding a particular application, and shall conduct such investigations or inquiries as the Director considers appropriate. (e) In making a determination on the issuance of a Certificate, the EDA shall consider such factors and criteria as prescribed by regulations. (f) The EDA may issue a Certificate and recommend that the Governor approve the Certificate, or the EDA may deny the certificate outright or until such time as the applicant corrects specific deficiencies. If the EDA grants the Certificate, the EDA shall notify the applicant of the dates of the Certificate's approval and its transmittal to the Governor for final authorization. If the EDA denies the application, the Director shall transmit to the applicant, no later than five business days after the denial, a written, detailed explanation of the reasons for denying the application. The EDA's written denial constitutes official notice of denial of benefits. (g) The Governor has 10 days, excluding Sundays and holidays, after the Director's issuance of the Certificate to deny the Certificate in writing. If the Governor disapproves the Certificate, the Governor shall certify the disapproval to the EDA, accompanied by specific reasons for the disapproval and, the EDA shall within two (2) business days after receipt of the Governor's disapproval, forward a copy of the disapproval and accompanying comments to the applicant. The copy of the Governor's disapproval constitutes official notice of the denial of benefits. (h) If Governor does not disapprove the Certificate in writing within the ten (10)-day period described in subsection (g), the Certificate is deemed approved, and the Certificate is effective without the Governor's approval. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 20-22.

(a) The Certificate issued under this subchapter constitutes an enforceable contract between the Government of the Virgin Islands and the beneficiary, and pursuant to 48 U.S.C. §1561, the Government may not enact any law impairing the obligation of such contract. The Certificate must be issued by the Director in the name of the Government of the Virgin Islands and must bear the signature of the Commissioner. (b) The Certificate must specify all of the following: (1) in the case of a non-publicly owned corporation, the names and addresses of all of shareholders holding at least a 5% interest in the stock of the company; (2) the specific tax income reductions applied for, depending on the corporate status of the applicant and whether or not the applicant intends to pursue an additional 10% reduction based on the contingencies described in § 747e(d)(3); (3) Deleted. (4) whether the certificate is for music recording to take place in the District of St. Thomas/St. John or the District of St. Croix; (5) the date or dates upon which benefits commence, which may be retroactive to the first date of investment by the beneficiary in the industry or business granted in the Certificate, but the date may not be before the effective date of this subchapter; (6) the specific commencement and termination dates for the benefits granted under the Certificate; (7) such other terms and conditions as the Director considers appropriate, not inconsistent with this subchapter or the regulations promulgated under this subchapter. (c) In addition to the information in subsection (c), the Certificate must contain recitals that: (1) The grant of benefits under the Certificate is conditioned upon the beneficiary's continued performance and observance of the terms and conditions established in the Certificate within a period of time specified, and upon the final determination of the Secretary of the Treasury of the United States or the Secretary's delegate, of compliance with the requirement of Internal Revenue Code, section 934; (2) Upon failure of the beneficiary to perform or observe the conditions as required by the Director within the specified period or any extension thereof granted for good cause shown to the Director, the Certificate is of no force and effect, and the beneficiary shall pay or refund as the case may be, to the Government of the Virgin Islands, the amount of any benefit actually received under the certificate; and (3) Upon a final determination by the Secretary of the Treasury of the United States or his delegate that the beneficiary has not complied with the requirements of Internal Revenue Code section 934, the beneficiary shall pay or refund, as the case may be, to the Government of the Virgin Islands, the amount of any subsidy benefits, based on income tax liability, actually received, or the amount of the reduction of income tax liability on a current basis for all the years of non-compliance. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 22, 23; amended Aug. 18, 2015, No. 7751, § 12(g), Sess. L. 2015, p. 50.

A Certificate granted under this subchapter may be transferred, for the unexpired portion of the term of the Certificate, to another corporation that succeeds the beneficiary in carrying on or in operating the industry or business for which the Certificate is granted, upon determination of the Director that the corporation is otherwise qualified to receive such benefits, and the industry or business activity with respect to which the Certificate was granted is continued by the corporation. Upon transfer of the certificate, the transferor forfeits all tax incentive benefits under this subchapter and is subject to the tax laws of the Virgin Islands. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, p. 23.

(a) The Director may revoke, suspend or modify a Certificate issued under this subchapter, after notice, public hearing, and written findings by the Director that: (1) the beneficiary has failed to maintain compliance with the requirements of this subchapter or any regulation under this subchapter; (2) certification received by the Director from the Lieutenant Governor or the Attorney General of the Virgin Islands indicates that the beneficiary corporation: (A) has been dissolved; or (B) has filed, or there has been filed against the corporation, a petition in bankruptcy which has been approved; (3) the beneficiary has failed to file an annual report of ownership as required by this subchapter; (4) an officer, shareholder or director acting on behalf of the corporation has been convicted of a felony connected with the operation of the beneficiary's business or industry; or (5) an officer, shareholder or director acting on behalf of the corporation has given or offered, or caused to be given or offered a bribe, or any money, property, or value of any kind or any promise or agreement for it to a public officer, or to a person executing any of the functions of a public office, or to a person elected, appointed or designated to thereafter execute the functions of a public office, with intent to influence the person with respect to any act, decision, vote, opinion, or other proceeding in the exercise of the powers or functions which the person has or may have pertaining in any way to the tax incentive benefit program. (b) The beneficiary shall bear the expenses of any investigation by the Director to determine the beneficiary's compliance. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, pp. 23, 24.

An applicant or beneficiary aggrieved by any action of the Director or the Governor under this subchapter may petition the Superior Court of the Virgin Islands for judicial review under 5 V.I.C., chapter 97 no later than 30 days after a final decision by the Director or the Governor. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, p. 24.

The Commissioner may, pursuant to chapter 35 of title 3, promulgate regulations to carry out the purpose of this subchapter. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, p. 24.

For Benefits (a) An applicant or beneficiary who willfully makes any false or fraudulent statement or representation as to any fact required or appropriate to the determination of the qualifications of eligibility of such applicant or beneficiary for benefits under this subchapter, or for the continuation or extension of the benefits, or who willfully makes or presents any claim for benefits under this subchapter knowing the claim to be false, fictitious or fraudulent, is subject to a fine not more than $25,000 or imprisonment of not more than two years, or both the fine and the imprisonment. (b) In addition to the penalties prescribed in subsection (a), any benefits granted under this subchapter to such applicant or beneficiary convicted under subsection (a) are deemed automatically revoked, without necessity for the procedures established under section 332i. All taxes that were otherwise due and payable by such an applicant or beneficiary but for the tax exemption benefits granted, become due and payable as of the date or dates when, but for such tax exemption, the taxes would have been due and payable, and the taxes must be assessed and collected in accordance with applicable tax laws in force for such date or dates. The amount of all subsidy benefits, based on income tax liability, actually received, constitute debts due and owing to the Government of the Virgin Islands as of the date or dates when payment of subsidy was made. History: Added Mar. 7, 2012, No. 7344, § 2(c), Sess. L. 2012, p. 25.

(a) The purposes of this subchapter are to enhance the Virgin Islands' economy by revitalizing and expanding the attraction of the film, video, and other media recording, motion picture, and television industries and related media productions to the Virgin Islands and to promote the growth of Virgin Islands small businesses related to and servicing these industries. The objectives of this subchapter are to: (1) Renew interest in the Virgin Islands as a premier location for the production of motion pictures, documentaries, television programs and digital media, webcast, any new media format programs, commercials, and magazine advertising by off-island production companies; (2) Encourage the creation of jobs that pay well for Virgin Islands workers and university graduates; (3) Enhance the growth of the Virgin Islands businesses that provide goods and services for these types of productions; (4) Assist local filmmakers; and (5) Help promote the tourism industry in the Virgin Islands. (b) The Legislature declares that the objectives of subsection (a) are best achieved by offering tax incentives or other offsets to production companies for hiring Virgin Islands residents, for purchasing Virgin Islands goods and services, and for filming and recording in the Territory. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 1; amended Aug. 18, 2015, No. 7751, § 13(a), Sess. L. 2015, p. 50.

As used in this subchapter, the term: (a) "Affiliate" means an entity that is included in the production company's affiliated group, as defined 26 U.S.C. §1504(a), and any other entity that is directly or indirectly owned 50 percent or more by a member of the affiliated group. (b) "Application Fee" means a fee to be paid by an applicant for Incentives to the Economic Development Authority pursuant to regulations promulgated under this subchapter. (c) "Base investment" means the aggregate funds actually expended by a Production Company as Qualified Production Expenditures incurred in this Territory which are directly used in a Territory Certified Production. (d) "Compensation" means salary, wages, or other compensation, including related benefits paid to and on behalf of Virgin Islands residents. (e) "Incentives" includes the rebates, credits, waivers or other offsets available under this subchapter. (f) "New media" means the development, usually electronic, forms of visual and audio communication media regarded as on-demand electronic mass media on an interactive platform combined with computerized devices. (g) "Production Company" means a company primarily engaged in Qualified Production Activities that have been approved by the Economic Development Authority and the Department of Tourism. The term does not include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person that is in default on any tax obligation of the Territory, or a loan made by the Territory or a loan guaranteed by the Territory. (h) "Qualified Production Expenditures" means preproduction, including scouting activities, production, postproduction expenditures incurred in this Territory which are directly used in a Qualified Production Activity. This term does not include postproduction expenditures for marketing and distribution of a project unless these functions are implemented in the Territory and utilize local goods and services. (i) "Qualified Virgin Islands Promotion" means a qualified promotion of this Territory approved by the Economic Development Authority and the Department of Tourism and as described in the regulations promulgated hereunder consisting of a: (1) Qualified movie production that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Island; (2) Qualified television production that includes any reference to or identification of the Virgin Islands, or contains credits within its presentation as being made in the Virgin Islands. (3) Qualified music video that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Islands. (4) Qualified interactive game that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Island; or (5) Qualified new media format program, including digital media, webcast, and on-demand access video which includes any reference to or identification of the Virgin Islands, or contains credits within its presentation as being made in the US Virgin Islands. (j) "Qualified Production Activity" means the production of new film, video, or digital projects produced in this Territory and approved by the Economic Development Authority and the Department of Tourism, such as feature films, television series, movies for television, digital release, webcasts, commercials, interactive entertainment or sound recording projects used in feature films, TV series, or movies for television, webcasts, commercials, interactive entertainment, including, but not limited to: (1) Projects recorded in this Territory, in whole or in part, in either short or long form, animation or music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition; (2) Storyboard preparation, scripting, art direction, set construction and operation; (3) Wardrobe, makeup, accessories, and related services; (4) Costs associated with cinematography, photography and sound synchronization, lighting, and related services and materials; (5) Editing and related services; rental of facilities and equipment; leasing of vehicles; (6) Costs of food and lodging; (7) Digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; (8) Total aggregate payroll; airfare, if purchased through a Virgin Islands based travel agency or travel company; insurance costs and bonding. if purchased through an insurance agency licensed in the Virgin Islands; (9) Professional services, including legal, accounting, payroll, consulting and security; and (10) Other direct costs of producing the project in accordance with generally accepted entertainment industry practices. (k) "Resident" means an individual as designated in section 703(e) of this title. (l) "Resident Production Company" means a production company that has been organized under the laws of the Virgin Islands, has more than fifty percent of its controlling interest owned by a Virgin Islands Resident, is headquartered in the Virgin Islands and licensed to do business in the Virgin Islands and undertakes projects that are originated or produced locally by a Virgin Islands resident filmmaker or videographer. (m) "Territory" means the Virgin Islands, as defined in section 2(a) of the Revised Organic Act of the Virgin Islands, 48 U.S.C. §1541(a). (n) Territory Certified Production" means a production engaged in Qualified Production Activities whose application for Incentives has been approved by the Economic Development Authority and the Department of Tourism in accordance with regulations promulgated pursuant to this subchapter. (o) "Total aggregate payroll" means the total sum expended by a Production Company on salaries paid to Virgin Islands resident employees working within this Territory in a Territory Certified Production or Productions. For purposes of this subsection: (1) With respect to a single employee, the portion of any compensation which exceeds $500,000 for a single production shall not be included when calculating total aggregate payroll; and (2) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest must be considered as having been paid to the employee and must be aggregated regardless of the means of payment or distribution. (p) "Filmmaking" means all forms, steps or techniques involved in the processing and production of items or commodities designed to transmit visual communication through the motion picture media, including celluloid tapes, cassettes or any other vehicle for such transmittal. (q) "Video data content" means any recordable form of audio-visual information in any digital or analog format resulting from either the filming process-capturing the audio-visual data-or the post production process, editing, sound design, and related activities. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 2-4; amended Aug. 18, 2015, No. 7751, § 13(b)-(e), Sess. L. 2015, p. 50.

(a) The Virgin Islands Economic Development Authority in partnership with the Department of Tourism is responsible for managing applications for Incentives under this Program. (b) The Economic Development Authority shall be responsible for managing applications for incentives provided in this subchapter. (c) Funding for the establishment of the Incentives must be budgeted from the operational funds of the Economic Development Authority; and the payment of rebates provided for in this subchapter must be funded from the Tourism Advertising Revolving Fund, 33 V.I.C. § 3072, at a maximum of 20 percent of the previous year's funding appropriated annually or a minimum of $2,500,000 per year; until fully expended in the same fiscal year. The maximum amount of the rebates permitted in any fiscal year shall be the maximum amount funded from the Tourism Advertising Revolving Fund. (d) Deleted. (e) The Office of Film and Music Promotion of the Department of Tourism in concurrence with the Economic Development Authority is responsible for the creation of the application and shall assist in the review of each application. The Economic Development Authority shall serve as the initial point of contact for interested parties. (f) Once a complete application has been received by the Economic Development Authority, the application for Incentives under this subchapter must be forwarded to the Department of Tourism not later than 10 business days after the receipt of the completed application for its review, analysis, and recommendation to the Economic Development Authority. The Department of Tourism has 7 business days from receipt of the application in which to submit its analysis and recommendation to the Economic Development Authority. (g) Upon receipt by the Department of Tourism analysis and recommendation, the Economic Development Authority has 25 business days in which to approve or reject the application in writing to the applicant. (h) Upon the approval of the Economic Development Authority of the application the Economic Development Authority shall proceed to issue the appropriate certificate setting forth the particular terms of the Incentives granted. (i) The Economic Development Authority may establish an educational scholarship fund that must be administered with the Virgin Islands Board of Education to provide scholarships for film related educational programs for Residents. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 4, 5; amended Aug. 18, 2015, No. 7751, § 13(f)-(m), Sess. L. 2015, p. 50, 51.

(a) In order to qualify and remain eligible for tax incentive benefits under this subchapter, an applicant must: (1) Be a Resident Production Company or a non-Virgin Islands entity that has obtained a license to do business in the Territory under 27 V.I.C. § 302. (2) Expend a minimum of $250,000 on Qualified Production Activities for each Territory Certified Production; (3) Employ residents of the Virgin Islands as defined in section 703(e) of this title such that a minimum of 20% of the total employees working on the production in the Virgin Islands, including extras, day players, and a maximum of three paid interns who must be residents of the Virgin Islands, unless a documented waiver request is submitted to the Economic Development Authority upon a requisite showing according to regulations promulgated; (4) Include in the credits of any production language such as the following: "Made or Filmed in the Virgin Islands" or some other designation where the entire production is not completed in the U.S. Virgin Islands, that footage was shot in the territory: "Portions Made in the U.S. Virgin Islands" or in the case of a footage shot in St. Croix "Portions Made or Filmed in St. Croix" and an acknowledgement to the VI Economic Development Authority and the Department of Tourism, as more specifically defined in regulations promulgated hereunder; and (5) Agree that a member of the executive production crew, including but not limited to the director, producer, production supervisor, writer and department heads shall make themselves available to the Economic Development Authority to speak to local school and university students about music/film/entertainment topics pertinent to the film or video industry applicable to the applicant, where practicable. (b) The Department of Licensing and Consumer Affairs shall process a business license application for the production company applicant not later than 15 business days after the applicant's submitting a completed application to the Department of Licensing and Consumer Affairs. If a determination as to the propriety of the issuance of a business license is not made within 15 days, the Department of Licensing and Consumer Affairs shall issue a temporary license to the applicant entitling the applicant to commence business at the expiration of the fifteen-working-days period, allowing it to conduct business as if in receipt of a valid business license for a period not exceeding 60 days pending completion of the process by the Department of Licensing and Consumer Affairs. (c) The Economic Development Authority shall prescribe regulations, including a procedure for review of the denial or revocation of the certifications, necessary to carry out the provisions of this subchapter. The final decision regarding the denial or revocation of the certifications under this subchapter must be made by the Economic Development Authority (d) The Qualified production must begin no later than 180 days after issuance of the Certificate; and the Certificate expire 180 days after issuance, unless an extension is granted by the Economic Development Authority. (e) Each applicant shall pay an Application Fee as established in the regulations under this subchapter. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 6, 7; amended Aug. 18, 2015, No. 7751, § 13(n), Sess. L. 2015, p. 51.

(a) Each Qualified Production Company, both resident and nonresident, is eligible for the Incentives provided in this section upon meeting the requirements of section 753; each Qualified Production Company may select one or more of the following Incentives: (1) A production company that has submitted an application for Incentives and has been approved is allowed a tax credit based on the taxes imposed by and payable to the Territory for the employment of residents of this Territory in connection with a Territory Certified Production. The aggregate of the credit allowed as an offset under this section against any income tax or other tax obligation, except any employee withholding tax, of the Qualified Production Company for a production occurring in the production company's tax year is within the range of 10 to 17% of the actual compensation paid in connection with the Territory Certified Production during the tax year as provided in this section. (2) The percentage of available tax credit in paragraph (1) is determined in accordancparagraph (1)llowing: (A) Where 20 to 25% of the total workforce, including paid interns, of the production company employed in the Territory are Virgin Islands residents, the allowable percentage is 10%; (B) Where 25.1 to 30% of the total workforce including paid interns, of the production company employed in the Territory arc Virgin Islands residents, the allowable percentage is 15%; and (C) Where 30.1% or greater of the total workforce, including paid interns, of the production company employed in the territory are Virgin Islands residents, the allowable percentage is 17%. (3) A production company that has submitted an application for Incentives is allowed a cash rebate for Qualified Production Expenditures made in connection with a Territory Certified Production. First priority for any cash rebate is for Resident Production Companies under the regulations promulgated hereunder. The rebate allowed under this section is equal up to 9 percent of the total Qualified Production Expenditures incurred in connection with the Territory Certified Production during the tax year up to a maximum of $500,000. (4) The production company is allowed an additional cash rebate equal to 10 percent of the total Qualified Production Expenditures if the Territory Certified Production includes a Qualified Virgin Islands Promotion. (5) The production company is allowed an additional cash rebate equal to 10 percent of the total Qualified Production Expenditures if the Qualified Production Activities are undertaken on the island of St. Croix. (6) Notwithstanding 33 V.I.C. § 54, and 29 V.I.C. § 747e, a reduction in the payment of Hotel Tax rates may be applied as follows to both resident and nonresident production companies: (A) For a minimum Qualified Production Expenditure of $250,000 and hotel stay over 150 room- nights, the Production Company shall pay hotel tax at a rate of 8%; (B) For a Qualified Production Expenditure of between $250,001 and $500,000 and hotel stay over 250 room nights the Production Company shall pay hotel tax at a rate of 6%; (C) For a Qualified Production Expenditure of between $500,001 and $750,000 and hotel stay over 350 room nights the Production Company shall pay hotel tax at a rate of 4%; (D) For a Qualified Production Expenditure of between $750,001 and $1,000,000 and hotel stay over 450 room nights the Production Company shall pay hotel tax at a rate of 3%; and (E) For a Qualified Production Expenditure of at least $1,000,001 and hotel stay over 1000 rooms" nights, the Production Company shall pay tax at a rate of 1.5%. (b) Resident Production Companies are eligible for tax incentives and rebates provided for in subsection (a) up to a maximum of 3 projects per annum with a maximum of Incentives and credits equal to $1,050,000, if they meet all requirements of this subchapter. (c) Nothing in this subchapter prohibits a resident production company from applying for benefits under any other Economic Development Authority tax incentive program. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 7, 8; amended Aug. 18, 2015, No. 7751, § 13(o), Sess. L. 2015, p. 51.

(a) The tax liabilities for income meeting the requirements of section 753a may be reduced or rebated pursuant to the Internal Revenue Code of 1986, as amended, and as applicable to the Virgin Islands by offsets to Qualified Production Expenditures and taxes payable to the Territory. (b) The tax credit granted under section 753a is subject to the following conditions and limitations: (1) The tax credit may be taken beginning with the taxable year in which the Production Company has met the investment requirement. For each year in which the Production Company either claims or transfers the tax credit the Production Company shall attach a schedule to the Production Company's Virgin Islands income tax return which must set forth the following information, as a minimum: (A) A description of the Qualified Production Activities, along with the certification from the Economic Development Authority; (B) A detailed listing of the employee's names Social Security numbers and Virgin Islands wages when salaries are included in the Base Investment; (C) The amount of tax credit claimed for the current taxable year; (D) The amount of tax credit utilized by the Production Company in the current taxable year; and (E) The amount of tax credit to be carried over to subsequent tax years. (2) The Production Company that claims the tax credit granted in this section shall include in the description of the Qualified Production Activities required by subparagraph (A) of paragraph (1) information that demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000 during such year. (c) The Economic Development Authority shall promulgate such regulations as are necessary to administer this subchapter. (d) Each qualifying Production Company undertaking a Territory Certified Production and granted a certificate is subject to an audit by the Economic Development Authority on completion of the Qualified Production Activity to ensure that the Qualified Production Company has met the terms of its application and certificate. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 9; amended Aug. 18, 2015, No. 7751, § 13(p), Sess. L. 2015, p. 51.

(a) Any tax credits with respect to a Territory Certified Production earned by a Production Company and previously claimed but not used by such Production Company against its income tax or other tax liability may be transferred or sold in whole or in part by such Production Company to another Virgin Islands taxpayer, subject to the following conditions: (1) The Production Company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) The Production Company shall submit to the Economic Development Authority and to the Virgin Islands Bureau of Internal Revenue a written notification of any transfer or sale of tax credits not later than 30 days after the transfer or sale of such tax credits. The notification must include the Production Company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Economic Development Authority or the Virgin Islands Bureau of Internal Revenue; (3) The Virgin Islands Bureau of Internal Revenue shall disallow tax credits to any Production Company that fails to comply with this subsection until the Production Company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit may be used. The carry-forward period for tax credit that is transferred or sold begins on the date on which the tax credit was originally earned; (5) A transferee has only the rights to claim and use the tax credit which were available to the Production Company at the time of the transfer. To the extent that the Production Company did not have rights to claim or use the tax credit at the time of the transfer, the Virgin Islands Bureau of Internal Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against the Production Company; and (6) The transferee must acquire the tax credits in this section for a minimum of 60 percent of the amount of the tax credits so transferred. (b) Any Production Company claiming, transferring, or selling the tax credit shall reimburse the Government of the Virgin Islands for any department initiated audits relating to the tax credit, This subsection does not apply to routine lax audits of a taxpayer which may include the review of the tax credit provided in this subchapter. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 10.

The Bureau of Economic Research shall cause an annual cost benefit analysis of the Incentives awarded under this subchapter for the purpose of determining the overall economic impact on the Treasury of the Virgin Islands. History: Added Mar. 27, 2015, No. 7728, § 1, Sess. L. 2015, p. 11.

The purposes and objectives of this chapter are: (a) To acquire, operate and improve industrial parks in order to provide suitable sites for the location of industries in the Virgin Islands. (b) To complement the Economic Development program established under chapter 12 of this title, and to establish close liaison, cooperation and coordination with the Department of Economic Development and Agriculture in connection therewith. The provisions enacted by this chapter are hereby declared to be necessary in the public interest and the industrial park projects herein authorized are declared to be public improvements and public undertakings. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 76.

This chapter shall be known and may be cited as the "Virgin Islands Economic Development Park Act". History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 77; amended Oct. 13, 2014, No. 7651, § 4, Sess. L. 2014, p. 255.

As used in this chapter, unless the context requires otherwise, the following words shall have the meaning set forth in this section: (a) "Corporation" means the Economic Development Park Corporation created by this chapter. (b) "Chief Executive Officer" means the Chief Executive Officer of the Virgin Islands Economic Development Authority. (c) "Board" means the governing board of the Corporation. (d) "Bonds" means bonds, notes or other evidences of indebtedness or obligations authorized to be issued by this chapter. (e) "Holder of bonds" or "bondholders" or any similar term means any person who is the bearer of any outstanding bond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. (f) "Industrial park project" or "project" means any building, whether or not in existence or under construction or other improvement, purchase of an existing building, refinancing of an existing building in order to facilitate substantial improvements thereto, or real estate improvements, including remodeling and refurnishing of or adding to existing property or both, and, if a part thereof, the land upon which it is located, all real property deemed necessary to its use, and the extension or provision of utilities, access roads and other appurtenant facilities, which are to be used or occupied by any person granted economic development benefits under chapter 12 of this title or any other person desiring to utilize same for business or industrial purposes, for the manufacturing, processing or assembling of materials or manufactured products, or for research, office, recreational, retail, hotel, industrial, warehousing on commercial facilities, or for any combination thereof, and which the Corporation determines will provide gainful employment for the people of the Territory of the Virgin Islands, increase the tax base of the economy or maintain or diversify and expand industry. "Project" also includes machinery and equipment, and may include a pollution control facility. (g) "Person" means any individual, firm, corporation or partnership. (h) "Pollution control facility" means any equipment, improvement, structure or facility or any land and any building, structure, facility or other improvement thereon, or any combination thereof, whether or not in existence or under construction, or the refinancing thereof in order to facilitate substantial improvements or additions or upgrading thereof, and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is the control, abatement or prevention of land, sewer, water, air, noise or general environmental pollution deriving from the operation of public utility, industrial commercial, retail, hotel, office and research facilities, including, but not limited to any air pollution control facility, noise abatement facility, water management facility, thermal pollution control facility, radiation contamination control facility, waste water collection system, waste water treatment works, sewage treatment works system, sewage treatment system or solid waste disposal facility or site or other pollution control facility, whether publicly or privately owned and/or operated. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 77; amended Feb. 1, 2001, No. 6390, § 24, Sess. L. 2000, p. 422.

(a) There is hereby created the Virgin Islands Economic Development Park Corporation, (hereinafter referred to as "the Corporation"), as a discrete but integral part of the Economic Development Authority established in chapter 21 of title 29, Virgin Islands Code. (b) The Corporation is hereby created as a body corporate and politic, constituting a public corporation and instrumentality as a subsidiary entity of, subordinate in administration and operation to the Virgin Islands Economic Development Authority. Its debts, obligations, contracts, bonds, receipts, expenditures, funds, accounts, projects and property shall be debts of the Corporation and not those of the Government of the Virgin Islands or any office, bureau, department, commission, officer, agent or employee thereof. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 78; amended Feb. 1, 2001, No. 6390, § 25, Sess. L. 2000, p. 423.

The corporate purposes of the Corporation shall be the same as those purposes set forth in section 801 of this title, as the purposes of this chapter. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 79.

The powers of the Corporation shall be exercised by the Governing Board of the Virgin Islands Economic Development Authority which shall also constitute the Governing Board of the Corporation. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 79; amended May 18, 1979, No. 4296, § 1, Sess. L. 1979, p. 48; April 7, 1983, No. 4797, § 1, Sess. L. 1983, p. 26; Sept. 28, 1990, No. 5636, § 1(m), Sess. L. 1990, p. 347; Feb. 1, 2001, No. 6390, § 26, Sess. L. 2000, p. 423.

The Board of Directors shall have the following powers and duties to effectuate the purposes of this chapter, including but without limiting the generality of the foregoing: (a) To do any and all things permitted under the laws of the Virgin Islands to effectuate the purposes of this chapter; (b) To sue and be sued; (c) To adopt, alter and use a corporate seal which shall be judicially noticed; (d) To adopt, amend and repeal by-laws not inconsistent with this chapter, providing for the internal organization and management of the Corporation, for the administration of its affairs and operations and for carrying into effect the powers and purposes of the Corporation; (e) To adopt general policies and procedures; (f) To make contracts and agreements with any public or private corporation, partnership or individuals, to execute all instruments necessary or convenient in the exercise of any of its powers and to establish and enforce rules for competitive bidding and/or negotiation where deemed appropriate by the Board, the Corporation not being bound by any competitive bidding requirement established by the Government of the United States Virgin Islands; (g) To acquire property, real, personal, or mixed, tangible or intangible, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of acquisition, construction, reconstruction, improvement, maintenance, preservation or furnishing of one or more industrial park projects of the Corporation or otherwise to dispose of said property by any lawful means, and to own, hold, develop, improve, redevelop, lease, sell, convey, mortgage, enlarge, pledge, extend, repair, maintain, use and operate said property; (h) To sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such or any industrial park project; (i) To borrow money, to make and issue bonds of the Corporation for any of its corporate purposes and to give security therefor as provided for in this chapter, including the execution of any trust indenture or mortgage to secure such bonds; (j) To make and issue bonds or bond anticipation notes for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by the Corporation; (k) To accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; (l) To invest funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands subject to agreements with bondholders; (m) To appoint officers and agents, to prescribe their qualifications and to fix their compensation and to pay the same out of funds of the Corporation and to retain and employ private consultants and attorneys for professional and technical assistance and advice; (n) To grant an option to renew any lease with respect to any industrial park project or projects and to grant options to buy any project or to sell any project pursuant to a conditional sale agreement at such price or prices as the Corporation may deem desirable; (o) To make loans to any public or private corporation, partnership or individual with respect to any project in order to effectuate the purposes of this chapter; (p) To accept grants of real and personal property; (q) To accept and carry out Federal grant programs with approval of the Legislature and the Governor; (r) To publish an annual statement of condition in the same detail as required by national banks; (s) To enter into collective bargaining agreements with employees of the Corporation; (t) To hold regularly scheduled meetings no less than every two months; (u) To acquire and use trademarks and trade names in accordance with applicable Federal and territorial law; (v) To do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other act of the Legislature of the United States Virgin Islands. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 80; Apr. 7, 1983, No. 4797, § 3, Sess. L. 1983, p. 27.

The Chief Executive Officer, appointed pursuant to section 1102 of title 29, Virgin Islands Code, shall act as the Executive Director for the corporation and shall have such powers and duties as set forth in section 707 of this title as may be applicable to the Corporation subject to the direction and control of the Board. The Chief Executive Officer may delegate such duties as he sees fit to the Assistant Chief Executive Officer. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 82; amended Apr. 7, 1983, No. 4797, § 4, Sess. L. 1983, p. 27; Feb. 1, 2001, No. 6390, § 27, Sess. L. 2000, p. 423.

The purposes for which the Corporation is created and shall exercise its powers being public purposes, the Corporation, its property, income and activities, shall be exempt from all taxes, special assessments and license fees of the Virgin Islands or any political subdivision thereof. All bonds issued by the Corporation and any income therefrom shall be exempt from all taxation. In lieu of taxes, with respect to any project, the Corporation may agree to make such payments to the Government of the Virgin Islands as it finds consistent with the maintenance of the Corporation, the operations of the Corporation and the achievement of the purposes of this chapter. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 82.

and Conditions (a) Pursuant to the authority of the Government of the Virgin Islands under section 8(b)(i) of the Revised Organic Act of the Virgin Islands, as amended, the Corporation is hereby granted the power to issue and sell bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging or refunding the same in return for the cancellation of bonds either issued by the Corporation or assumed by it, bonds not in excess of five million ($5,000,000) dollars, in aggregate principal amount; provided, however, that refunding of the issue, solely for the purpose of applying the proceeds thereof to the payment for, or purchase of, bonds issued by the Corporation or assumed by it, shall not be included in computing any such limitation. (b) Payment of the bonds of the Corporation may be secured by a pledge, lien or mortgage on all or any part of its properties, contracts, fees, revenues, other income or bond proceeds to which the rights of the Corporation then exist or may thereafter come into existence or by pledge of or lien on any loan, grant, or contribution, or parts thereof from any Federal agency, the Government of the Virgin Islands, or any other source. It is the intention hereof that any such pledge, lien or mortgage of revenues or other monies or profits, or of a revenue-producing contract or contracts made by the Corporation shall be valid and binding from the time when the pledge, lien or mortgage is made; that the revenues, or properties, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Corporation shall immediately be subject to the lien of such pledge, lien or mortgage without any physical delivery thereof or further act; and that the lien of any such pledge, lien or mortgage shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Corporation irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge, lien or mortgage is created need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Corporation shall be exempt as to principal and interest from taxation by the Government of the United States, or by the Government of the Virgin Islands, or by any state, territory, or possession, or by any political subdivision of any state, territory or possession, or by the District of Columbia. (d) Bonds of the Corporation shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable Federal law as may be in effect at the time. Except as otherwise provided for by said act or other Federal law, bonds of the Corporation may be issued from time to time, in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, bear interest at such rate or rates, payable semi-annually, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members of the Board of Directors or officers of the Corporation in such manner, be payable in such medium of payment, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as such resolutions or its trust indenture may provide. (e) The bonds shall be sold in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended, or other applicable Federal law, at such price as the Corporation may determine. (f) In case any of the members of the Board of Directors or officers of the Corporation whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued by the Corporation pursuant to this chapter shall be negotiable for all purposes, subject to the provisions of bonds for registration. (g) Neither the members of the Board of Directors of the Corporation nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceability of any bond of the Corporation or the security thereof, any such bond reciting in substance that it has been issued by the Corporation to aid in financing an industrial park project as defined in this chapter, shall be conclusively deemed to have been issued for such purpose and the project shall be conclusively deemed to have been undertaken, constructed or acquired in accordance with the provisions of this chapter. (i) The Corporation shall have power from time to time and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose hereinabove described. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (j) Except as may otherwise be expressly provided by the Corporation, the bonds of every issue shall be special obligations of the Corporation payable solely from revenues derived from the leasing, sale or other disposition of an industrial park project or moneys received pursuant to a loan agreement, subject only to any agreements with holders of particular bonds pledging any particular moneys or revenues. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 83.

Revenue Bonds In any resolution or resolutions authorizing the issuance of bonds, the Corporation may contract with the holders of bonds to undertake and obligate itself of such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and may specifically in addition to any other provisions- (a) covenant as to the disposition of the revenues and present or future income of the Corporation received from the lease, sale or their disposition of a project or moneys received under a loan agreement including the pledging of all or any part thereof and the mortgaging of all or any part thereof and the mortgaging of a project to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge, mortgage or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Corporation property or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to be issued, as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and provide for the terms and conditions thereof; (d) covenant as to the rates, fees, rentals and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof; (e) create or authorize the creation of special funds or reserves for monies held for construction or operating costs, debt service, reserves, or other purposes; and covenant as to the use, disposition and investment of the monies held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance monies; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given; (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Corporation of any of its covenants, conditions, or obligations, including the right and remedies of bondholders which may be in addition to remedies specified in this chapter; (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Corporation, to take possession of and use, operate and manage the projects of the Corporation or any part or parts thereof or any funds connected therewith (except funds loaned or granted to the Corporation by the Government of the Virgin Islands) and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Corporation with the holders of the bonds; to provide for the powers and duties of such trustee or trustees which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state, commonwealth or territory of the United States, and limit the liabilities thereof; and to provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; (k) exercise all or any part or combination of the powers herein granted; make covenants and do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein; and (l) prescribe the terms upon which additional bonds may be issued. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 85.

(a) The Corporation is authorized to covenant for foreclosure of any of its projects financed by the bank upon default as hereinafter set forth in subsections (b) and (c) of this section inclusive, or to limit such right by definition of default or otherwise, in its agreement with the bondholders. (b) In the event that the Corporation shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether it be a default in the payment of the principal and interest or in the payment of interest only at maturity or upon call for redemption, or in the event that the Corporation or the Board, officers, agents or employees thereof shall default on any agreement made with the holders of the bonds, any holder or holders of the bonds (subject to any contractual limitation as to a specific percentage of such holders), or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in the Virgin Islands for the foreclosure of any of its projects with respect to which bonds are in default and the income or revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right or to exercise any remedy in connection with such bonds subject to agreements with bondholders contained in any resolution or trust indenture securing the bonds. (c) Upon such foreclosure the trustee or his agents and attorneys, may enter into and upon and take possession of such project and may exclude the Corporation, its Board, officers, agents, and employees and all persons claiming to represent them, wholly therefrom and shall have, hold, sell, use, operate, manage and control the same, and, in the name of the Corporation or otherwise, as the trustee may deem best, shall exercise all the rights and powers of the Corporation with respect to such project as the Corporation itself might do. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 87.

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated- (1) by mandamus or other suit, action, or proceeding at law or in equity to compel the Corporation and its Board, officers, agents, or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity to require the Corporation and the Board thereof to account as if they were the trustee for an express trust; (3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (4) to bring suit upon the bonds. (b) Subject to any agreements with bondholders, no remedy conferred by this chapter upon any holder of the bonds or any trustee therefor, is intended to be exclusive of any remedy, but each such remedy is cumulative and in addition to every remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver or any default or breach of duty or contract, whether by any holder of the bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy, conferred upon the holder of the bonds, may be enforced and exercised from time to time as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the bonds, or any trustee therefor, then and in every such case the Corporation and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action or proceeding had been brought or taken. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 88.

Or Private Funds The bonds of the Corporation shall be lawful investments, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Government of the Virgin Islands or any officer or officers thereof. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 89.

The Government of the Virgin Islands is authorized to and does hereby, pledge to and agree with the holders of the bonds or notes that the Government of the Virgin Islands will not limit or alter the rights, hereby vested in the Corporation to acquire, construct, reconstruct, improve, maintain, equip and furnish the project or projects, to establish and collect rentals, fees and other charges and amounts and to fulfill the terms of any agreements made with the holders of the bonds or notes nor in any way impair the rights and remedies of the bondholders or noteholders until the bonds or notes, together with the interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders or noteholders are fully met and discharged. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 89.

Bonds Or Notes The bonds or notes and other obligations of the Corporation shall not be a debt of the Government of the Virgin Islands, and the Government of the Virgin Islands shall not be liable thereon, nor shall they be payable out of any funds other than those under the resolution of the Corporation authorizing such bonds or notes. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 90.

Whenever the Corporation lacks the express power to perform an act consistent with the purposes set forth in this chapter, the Corporation may do or perform such act where authorized under the general corporation laws of the Virgin Islands. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 90.

The Corporation shall obtain an independent certified audit for transmittal to the Governor and the Legislature annually. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 90.

The existence of the Corporation shall be perpetual. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 90.

The Corporation may be wound up and dissolved by an act of the Governor and the Legislature with assets, subject to any agreements that the Corporation may have entered into, reverting to the Government of the Virgin Islands. History: Added June 9, 1977, No. 3986, Sess. L. 1977, p. 90.

Government Insurance Fund, Health Insurance Fund and Unemployment Insurance Fund (a) The employees of the Corporation shall also be employees of the Commission and shall perform such tasks as may be assigned by the Chief Executive Officer or Assistant Executive Officer. All employees of the Corporation shall be in the "exempt service" and shall serve at the pleasure of the Commission. (b) All employees of the Corporation shall be covered by and subject to the Government Employees Retirement System of the Virgin Islands, the Workmen's Compensation Act, and Health and Unemployment Insurance to the same extent as other exempt employees of the government. The Corporation shall: (1) Contribute to the Retirement System of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semiannual billings as determined by the Board of Trustees of the Government Employees Retirement System, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semiannually to the Retirement Fund of the Government of the Virgin Islands; (2) Contribute to the Government Insurance Fund, on the basis of annual billings as determined by the Commissioner of Finance for the benefit payments made from such fund on account of the Corporation's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Corporation into the Treasury of the Virgin Islands as miscellaneous receipts; (3) Make contributions, pursuant to Title 3, section 638, Virgin IslVirgin Islands Code cost of premium or subscription charges for employee health insurance coverage under subchapter VIII of Title 3, Virgin Islands Code. (4) Be deemed an employing unit for purposes of unemployment insurance, as defined in Title 24, section 302(q)(1), of this Code, and the Corporation shall make payments to the Unemployment Insurance Subfund and the Unemployment Insurance Administration Subfund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by Title 24, section 308(d), of this Code. History: Added Nov. 28, 1987, No. 5290, § 3, Sess. L. 1987, p. 153; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; Feb. 1, 2001, No. 6390, § 28, Sess. L. 2000, p. 424.

(a) To aid the Insular Government in the performance of its duties to develop the economy of the Virgin Islands, there is hereby created, as a discrete but integral part of the Economic Development Authority established in chapter 21 of title 29, Virgin Islands Code, "The Economic Development Bank for the United States Virgin Islands" (hereinafter referred to as "the Bank"). (b) The Bank is hereby created as a public corporation and governmental instrumentality as a subsidiary entity of, subordinate in administration and operation to the V.I. Economic Development Authority. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 24; amended Feb. 1, 2001, No. 6390, § 29, Sess. L. 2000, p. 424; amended June 18, 2014, No. 7632, § 1, Sess. L. 2014, p. 166.

The Charter of the Bank shall be as follows: CHARTER First: The existence of the Bank shall be perpetual. Second: The principal office of the Bank shall be at St. Thomas, Virgin Islands, and no less than one branch on St. Croix. Third: The purpose for which the Bank has been formed is to accelerate the Economic Development of the United States Virgin Islands by providing technical. managerial and financial assistance to industrial and commercial enterprises where such funds are to be used for the following governmental purposes: (A) To provide financial resources, including but not limited to loan guarantees, medium and long term credit, and equity infusions to small, minority, medium and large business located in the United States Virgin Islands to assist these businesses maintain economic stability and to help these entities grow into mainstream commercial banking customers; (B) To provide financial resources, including but not limited to loan guarantees, letter of credit and stand- by letters of credit guarantees, medium and long term credit to maintain the economic stability of small, medium and large businesses located in the United States Virgin Islands; (C) To provide technical and managerial assistance and assist companies that require a performance bond, bid bond, or payment bond to ensure that the continued viability of these businesses; (D) To actively monitor the performance and compliance and to provide technical and managerial assistance to ensure the continued viability and growth of these businesses; (E) To encourage large corporate investments, facilitate employment growth opportunities and promote the location of financial services within the United States Virgin Islands; (F) To compile financial, economic, statistical and other related data on the banking industry in the United States Virgin Islands, and to disseminate this information; (G) To invest its funds in readily marketable securities; or other such instruments; (H) To borrow money and contract debts for its corporate purposes upon such terms and conditions as the Bank may from time to time determine, with or without security; to dispose of its obligations evidencing such borrowing; to make, execute and deliver trust indentures and other agreements with respect to any such borrowing, contracting of debt, issuance of bonds, including industrial development bonds, notes, debentures or other obligations; and by the authority of the Government of the United States Virgin Islands, which is hereby granted, to issue it bonds, notes, debentures or other obligations in such form secured in such manner and subject to terms of redemption with or without premiums, and to sell the name at public or private sale of such price or prices, all as may be determined by its Board of Directors; (I) To serve as fiscal agent or broker for United States Virgin Islands' enterprises seeking to qualify for grants, loans or any other form of financial or other assistance for the Federal Government or any of its departments, agencies or instrumentalities; (J) To exercise all incidental powers as may be necessary to facilitate the purposes of the Bank and the Small Business Development Agency; (K) It will be the policy of the Bank to sell its papers, notes, instruments, mortgages, bonds, debentures or equity share purchased by the Bank as soon as it seems warranted by the Board of Directors in order to free funds for further economic development projects. The Board of Directors shall determine the length of time upon to which equity shares may be held. It shall also be the policy of the Bank to encourage and enter into joint financing with other GDB/SBDAs chartered or doing business under the Laws of the Virgin Islands and any other states of the United States. (L) It will be the policy of the Bank to sell its papers, notes, instruments, mortgages, bonds, debentures or equity shares purchased by the Bank as soon as it seems warranted by the Board of Directors in order to free funds for further economic development projects. The Board of Directors shall determine the length of time upon which equity shares may be held. It shall also be the policy of the Bank to encourage and enter into joint financing with other Banks chartered or doing business under the Laws of the United States Virgin Islands and any of the United States. (M) The Bank Board shall administer the Small Business Incubator Program established in Title 11 Virgin Islands Code, chapter 23, subchapter II and may promulgate rules and regulations and exercise all powers necessary to carry out the purposes of the of the Program. Fourth: The Bank shall have the following powers: (A) To have a common seal and to alter the same from title to time; (B) To acquire property for its corporate purposes by grant, gift, purchase, device or bequest, and to hold and to exercise the rights of ownership of and to dispose of the same; (C) To acquire any property in settlement or reduction of debts previously made in the course of its business where such acquisition is necessary to minimize or avoid loss in connection therewith, to hold, deal with, complete, improve, insure, rent, and/or sell for cash or credit upon such terms, conditions and consider for such terms, conditions and consider for such periods and terms as the Board of Directors may deem advisable, to exercise the rights of ownership of and to dispose of the same; (D) To establish one or more branches, offices or agencies necessary or convenient for the transaction of its business within or without the United States Virgin Islands; (E) To purchase, hold, lease, mortgage and convey real property as follows: (1) a plot whereon there is or may be erected a building suitable for the transaction of its business, from portions of which not required for its own use a revenue may be derived; (2) such real estate as may be conveyed to it in settlement or reduction of debts previously contracted or in exchange for investments previously made in the course of its business; and (3) such as it shall purchase or otherwise acquire at sale under judgments, decrees or mortgages held by it; provided, however, that the Board of Directors shall determine the time period within that real property purchased or acquired may be sold, except as maybe used for the business and transaction of its business. (F) To sue and be sued; (G) To appoint, employ and contract for the services of officers, agents and employees and professional assistants and to pay such compensation for their services as the Bank may determine; and to fix and pay Director's fees; (H) To exercise such other corporate powers, not inconsistent herewith, as are conferred upon corporations by the laws of the United States Virgin Islands and to exercise all powers within and without the United States Virgin Islands to the same extent as natural persons might or could do; (I) To be exempt from the statute of limitation laws as stated in Virgin Islands Code, title 5, chapter 3, section 31. The Bank and/or the Small Business Development Agency may bring an action for the default at any time; (J) To administer the Small Business Incubator Program established in Title 11 Virgin Islands Code, chapter 23, subchapter II and may promulgate rules and regulations and exercise all powers necessary to carry out the purpose of the Program. Fifth: The affairs of the Bank and the Small Business Development Agency shall be managed and its corporate powers exercised by the Governing Board of the Economic Development Authority. Sixth: The Board of Directors, by the affirmative vote of a majority of the whole Board, may adopt, add to, amend, alter or repeal By-Laws of the Bank, not inconsistent with law, providing for the management of the business of the Bank, the regulation of its affairs, the organization, conduct and meetings of the Board of Directors, notice of meeting of the Board of Directors and waivers of notice, the appointment of committees of the Board of Directors and the power of such committees, the number, titles, qualifications, terms, election or appointment, removal and duties of officers, the form of the seal of the Bank, and the preparation and submission to the Governor, Legislature and the Bank Board of annual and other reports; and provided, however, that the By-Laws shall not be added to, amended or altered, nor shall any By-Laws be repealed at any meeting of the Board of Directors unless notice of the proposed addition, amendment, alternation or repeal shall have been delivered or mail to each director at least one week before such meeting. Seventh: The Bank shall not make any loans to its directors, or to any privately-owned enterprise in which one or more of the directors, or officers, agents or employees own any stock or equitable interest in excess of 25% therein. The Bank shall not make any loans guaranteed by a director, officer, agent or employee, except in each case with the unanimous approval of all the directors, exclusive of any interested director or directors, present at any meeting of the Board of Directors attended by at least 75% of the full Board, exclusive of any interested director or directors shall be excused during consideration and voting with regard to such loans. Eight: The Bank shall assign or sell at public or private sale, or otherwise dispose of for cash or credit, in its discretion and upon such terms and conditions and for such consideration as the Director shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Bank in connection with the payment of loans granted under this chapter, and to collect or compromise all obligations assigned to or be held by the Bank and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred for suit or collection; provided, that any such compromise shall be subject to prior approval of the Board of Directors. Ninth: Loans procured from the Bank or the Small Business Development Agency are not subject to the statute of limitations as stated in Virgin Islands Code, title 5, chapteVirgin Islands C31 title 5, chapter 3, § 5nk or the Small Business Development Agency may bring an action for default against a Loan recipient at any time; as per the rules of civil procedure and the agreement between the parties. Tenth: The Economic Development Bank shall pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Economic Development Bank in connection with loans made by the Agency; provided, compromise shall be subject to such policy as set by the Board of Directors from time to time; this shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Economic Development Bank. The power to convey and to execute in the name of the Economic Development Bank deeds of conveyance, deeds of release, assignments and satisfaction of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Economic Development Bank pursuant to the provisions of this chapter may be exercised by the Director or by any officer or agent appointed by him with an express delegation of power of attorney. Eleventh: The Economic Development Bank shall take any and all action necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this chapter or Title 11 V.I.C., chapter 23; not withstanding any law to the contrary may require collateral and/or insurance; provided that no loan shall be compromised, modified or liquidated without the prior approval of the Board of Directors. Twelfth: Out of the net income resulting at the end of the business year, such amount shall be added to the reserve account of the Economic Development Bank as the Board of Directors may consider necessary or pertinent; and the balance of such income may, in whole or in part, be added to the surplus account of the Economic Development Bank or remain in an unassigned income account, as the Board of Directors may determine. From time to time the Board of Directors may in its discretion make transfers from the reserve account and from the surplus account to the capital account of the Bank. Thirteenth: The Board of Director, while acting within the scope of the authority as directors or officers, shall not be subject to any personal or civil liability resulting from the exercise of any Bank's or Small Business Development Agency's purposes, duties and responsibilities, unless the conduct of the members is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. History: Added June 18, 2014, No. 7632, § 3(a), Sess. L. 2014, p. 166-172.

The debts or obligations of the Bank shall not be debts or obligations of the Government of the Virgin Islands. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 30; amended Dec. 28, 1995, No. 6090, § 2, Sess. L. 1995, p. 253.

The Bank shall make and submit to the Governor of the Virgin Islands, the Legislature and the Banking Board a written report of its condition as of the last day of each month, in such manner as the Banking Board shall prescribe. Such report shall include the total amount of outstanding loans guaranteed by a director, officer, agent or employee, shall be subscribed by an officer of the Bank and verified by his oath stating that to the best of his knowledge and belief the report is true and correct in all respects, and shall be submitted to the Governor, the Legislature, and the Banking Board within the first ten days of the following month, legal holidays excluded. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 30; amended Dec. 28, 1995, No. 6090, § 3, Sess. L. 1995, p. 253.

The Bank shall file with the Banking Board in the office of the Lieutenant Governor of the Virgin Islands, annually, within ninety days after the close of its fiscal year, a report in compliance with Title 9, section 64, Virgin Islands Code. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 30; amended Dec. 28, 1995, No. 6090, § 4, Sess. L. 1995, p. 254.

The Bank shall be subject to examination and supervision by the Banking Board of the Virgin Islands, in accordance with the terms of the Banking Law applicable to banks organized under or subject to the provisions thereof; provided, however, that no fee shall be required to be paid by the Bank in connection with any such examination. The Banking Board shall issue to the Bank a certificate setting forth the result of each such examination, which certificate shall be presented to the Board of Directors at its next regular or special meeting. The Bank shall also be subject to an annual examination and audited statement by certified public accountants of national reputation selected by the Board of Directors of the Bank. Such statement shall be made public. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 30; amended Dec. 28, 1995, No. 6090, § 5, Sess. L. 1995, p. 254.

If, in consequence of an examination or a report made by an examiner, the Banking Board shall have reason to believe that the Bank is not in sound financial condition or that its affairs are conducted in such a manner as to endanger its funds or other assets, or if the Bank shall refuse to submit its books, documents and affairs for the inspection of any duly authorized examiner or if it shall fail to establish reserves as required by this chapter after thirty days' notice by the Banking Board, or if it should become insolvent in the judgment of the Banking Board the Banking Board shall report such facts to the Governor. The Governor may then direct the Banking Board to apply to the District Court for the District of St. Thomas and St. John, and if, after having heard the Bank, the Court deems that the facts alleged by the Banking Board are well-founded, then the Court shall proceed to appoint a receiver to suspend operations and settle the obligations of the Bank. The receiver, upon his appointment, shall, under the direction of the District Court, take possession of the assets and liabilities, books (including the minutes book), records, papers and files of every description, belonging to the Bank, and shall collect all loans, fees and claims of the Bank, and shall see to the payment of its obligations and debts and of the necessary expenditures of receivership. He shall proceed to settle the affairs of the Bank as soon as possible, and to this end he may sell the personal and real property and other assets of the Bank, subject to the order of the District Court. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 31; amended Dec. 28, 1995, No. 6090, § 6, Sess. L. 1995, p. 254.

If any director of the Bank shall violate or knowingly or negligently permit any of the officers, agents or employees of the Bank to violate any laws or any of the provisions of the Charter of the Bank, the matter shall be reported to the Governor. Upon receiving such report the Governor shall call a meeting of the Banking Board and shall submit to it the report of his recommendations. The Banking Board shall give the director under charge the opportunity to be heard and thereafter it may remove such director and take whatever additional action it may deem necessary. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 31; amended Dec. 28, 1995, No. 6090, § 7, Sess. L. 1995, p. 254.

All transfers of notes, bonds, bills of exchange or credits of the Bank or of deposits to the credit thereof, and all assignments of mortgages, security on real property or of judgments or decrees in favor of the Bank, and all deposits of money, or other things of value and all payments of money to its creditors made while the Bank is insolvent, or in anticipation of insolvency, with the intent of preventing the application of the assets of the Bank in the manner prescribed in this chapter or with the intent of giving preference to one creditor over another, shall be null and ineffective; and no attachment, levy, execution, foreclosure or writ of injunction shall issue against the Bank or against its properties before final judgment is rendered in any suit, action or proceedings in the District Court. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 32.

Any officer, employee or agent of the Bank who embezzles, abstracts or willfully misapplies any moneys, funds, credits or securities of the Bank, or who, without being duly authorized, issues or draws any certificate of deposit, draws any order or bill of exchange, mortgage, judgment or decree for, or who makes any false entry in any book, report or statement of, the Bank, with intent in any of such cases, to injure or defraud the Bank or any other company, body politic or corporate, or any individual person, or to deceive any officer of the Bank or any agent appointed to examine the affairs of the Bank, and every person who with like intent aids or abets any director, officer, agent or employee in any violation of this section, shall be deemed guilty of a felony and shall be imprisoned for not less than ten years, or by a fine of not less than $2,000 or both, provided that the Bank shall collect and cover into its funds, from the amount of any life insurance policy which the Bank may have taken for such director, officer, employee or agent and the premiums which the Bank may have paid, up to the sum embezzled or disposed of by the director, officer, employee or agent, and the director, officer, employee or agent, his beneficiaries, assignees or successors in interest shall lose all rights to the benefits of such policy. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 32.

In view of the inclusion in this chapter of all necessary and pertinent provisions similar to provisions contained in the Banking Law, none of the provisions of the Banking Law, except as referenced herein, shall apply to the Bank, its directors, officers, employees or agents. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 33; amended Dec. 28, 1995, No. 6090, § 8, Sess. L. 1995, p. 254.

Nothing in this chapter shall be construed as exempting the Economic Development Bank for the Virgin Islands from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on, or after February 14, 1980. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 33; amended Feb. 14, 1980, No. 4407, § 2(h), Sess. L. 1980, p. 13.

If any provisions of this chapter or the application of such provisions to any person or circumstance shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 33.

The capital of the Bank shall initially consist of $5,000,000 in equity, $2,500,000 from any banking institution and $2,500,000 from the Government of the Virgin Islands. Other sources that may be utilized as capital include, but are not limited to unutilized surpluses from the 1991-1993 Hugo bond issues, the Government Development Fund established by the St. Croix Economic Development Act of 1994, and 5% of the Casino Revenue Fund as provided in Section 517(c) of the Virgin Islands Casino and Resort Act of 1995 (Act No. 6069). In addition to initial capital, the Bank shall solicit from banking institutions a line of credit of an initial amount up to $10,000,000 secured by the Bank's underlying loans and guaranteed as a debt or obligation of the Government notwithstanding section 903 of this chapter. In the event a line of credit cannot be obtained from commercial banking institutions, the Government of the Virgin Islands shall provide a line of credit utilizing unobligated funds within the Treasury of the Virgin Islands under the same terms and conditions that would be provided by commercial banks to the Economic Development Bank. History: Added Feb. 24, 1978, No. 4100, Sess. L. 1978, p. 33; amended Dec. 28, 1995, No. 6090, § 9, Sess. L. 1995, p. 254; Nov. 20, 1996, No. 6129, § 2, Sess. L. 1996, p. 142.

Any banking institution having an officer on the Bank's Board of Directors or entering into a financing relationship with the Bank shall not be subject to lender liability arising from the Bank's conduct, unless the banking institution's conduct is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. History: Added Nov. 20, 1996, No. 6129, § 3(a), Sess. L. 1996, p. 142.

(a) There is hereby established a Commission for the Preservation of Small Businesses for the purpose of providing assistance to small businesses, as defined in Title 11, section 1252 of this Code, in order to prevent them from closing. The Commission shall consist of five members appointed by the Board of Directors. Each agency head may designate a representative from that agency to represent him on the Commission. The Commission shall function within the Economic Development Bank for administrative purposes. The Commission shall select a chairman from among its members. (b) The Commission shall have the powers and authority necessary to carry out the duties imposed upon it by this section, including, but not limited to, requesting and obtaining from any government agency, board, authority, commission or agency such statistical data, program reports, and other materials, information and assistance deemed necessary to carry out its responsibilities under this section. (c) Each government agency, board, authority, commission or agency is authorized to report to the Commission characteristics that are indicative of problems within a business, including but not limited to: delinquent tax payments, delinquent loan payments; unpaid workers compensation and unemployment compensation benefits; expired business licenses, and unpaid utility and telephone bills. No report shall be submitted to the Commission without the written consent of the owner. (d) Any small business owner requiring assistance under this section shall write to the Commission requesting a review and evaluation of his business, and explaining the nature of the business, the financial condition of the business, and the type of assistance he believes is needed to prevent the business from closing. After reviewing the request and any other necessary information, and after evaluating the business, the Commission shall formulate a plan to help prevent the closure of the business. The plan may include assistance in the form of (1) tax waiver or reduction, (2) waiver or reduction of fees, penalties and/or interests, (3) assistance in restructuring or refinancing of debt, (4) assistance in obtaining additional working capital, and/or (5) the provision of managerial and technical assistance. No government department, board, authority, commission or agency shall commence or pursue any enforcement action for past due fees and taxes against a business with a work-out plan in place if the business has applied for assistance, pursuant to this section. (e) Upon receipt of a request for assistance from the owner of a small business, the Commission shall meet immediately to review and evaluate the business and formulate a plan of action for the business. History: Added Oct. 31, 1998, No. 6269, § 18, Sess. L. 1998, p. 451; June 30, 2000, No. 6353, § 7, Sess. L. 2000, p. 83; amended June 18, 2014, No. 7632, § 3(b), Sess. L. 2014, p. 172.

(a) All personnel of the Government of the Virgin Islands who are being utilized solely in the exercise of any of the powers, duties and functions vested in the Economic Development Bank upon the effective date of this section shall be transferred to the Economic Development Bank. (b) Any employee of the Government of the Virgin Islands transferred to the Economic Development Bank pursuant to subsection (a) of this section shall be credited by the Bank with the amount of accumulated and current accrued annual leave to which he is entitled under law and for which leave such employee has not received lump-sum payment. (c) In the establishment of sick leave and other benefits for officers and employees of the Bank, the Bank shall credit employees transferred pursuant to the provisions of subsection (a) of this section with all accumulated sick leave, and shall provide such other benefits equivalent, insofar as practicable and consistent with sound fiscal management, to the Virgin Islands Government are now or may hereafter be entitled. (d) No employee transferred pursuant to subsection (a) of this section shall be reduced in pay. (e) All officials and employees of the Bank shall be covered by and subject to the Employees "Retirement System of the Virgin Islands and the Workers" Compensation Administration Act. The Bank shall contribute to the retirement system of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semi-annual billings as determined by the Division of Personnel, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from their salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands. The Bank shall also contribute to the Government Insurance Fund, on the basis of annual billings, as determined by the Commissioner of Finance, for the benefit payments made from such fund on account of the Bank's employers. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Bank into the Treasury of the Virgin Islands as miscellaneous receipts. (f) For purposes of unemployment compensation, the Bank shall be deemed an employing unit as defined in Title 24, section 302(q)(1), Virgin Islands Code, and the Bank shall make payments to the Unemployment Insurance Sub-Fund and the Unemployment Insurance Administration Sub-Fund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by Title 24, section 308(d), Virgin Islands Code. (g) For purposes of social security coverage, the Bank shall be deemed as an employing unit following signature of an agreement between the Government of the Virgin Islands and the Social Security Administration; and the Bank shall make appropriate payroll deductions on the part of employees as well as on its own behalf as employer, and such deductions shall be paid to the Social Security Administration in accordance with existing procedures and in a manner identical to other covered agencies of the Government of the Virgin Islands. (h) All officials and employees of the Bank shall be eligible to participate in the Government Health Insurance Plan. The Bank shall contribute to the Health Insurance Board of the Government of the United States its share of the cost of the health and life insurance premiums of its officials and employees on the basis of semi-annual billings as determined by the Health Insurance Board, and the contribution of officials and employees shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semi-annually to the Health Insurance Board. History: Added Dec. 2, 1999, No. 6325, § 5, Sess. L. 1999, p. 155.

The Legislature of the Virgin Islands hereby finds and declares that due to a general decline in investor acceptance of securities of the Government of the Virgin Islands, a need exists for the creation of a public corporation as a government instrumentality having full powers to borrow money and issue its bonds and notes for the purpose of raising capital for essential public projects and creating programs which will serve the financing needs of the Virgin Islands over the next several decades, and to encourage economic development through the issuance of special obligations issued to finance a project for the benefit of private parties which special obligations are payable out of the revenues generated by the involved project and/or payable to the Authority by said private party. It is further declared that such purpose is a public purpose in all respects for the benefit of the Virgin Islands. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Oct. 6, 2000, No. 6359, § 8, Sess. L. 2000, p. 121.

For the purposes of this chapter, unless the context requires otherwise, the following words shall have the meanings set forth in this section: (a) The term "Authority" shall mean the Virgin Islands Public Finance Authority created by this chapter. (b) The term "Board" shall mean the Board of Directors of the Authority. (c) The term "Bonds" shall mean the bonds, temporary bonds, refunding bonds, debentures, notes, interim bonds, receipts, certificates, certificates of participation or other evidences of indebtedness or obligations which are authorized to be issued by this chapter, but shall not include the debts or accounts incurred in the usual course of business for expenses of the Authority. (d) The term "Holder of bonds" or "Bondholders" or any similar term shall mean any person who shall be the bearer of any outstanding bond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

To aid the Government of the Virgin Islands in the performance of its fiscal duties and the effective carrying out of its governmental responsibility of raising capital for essential public projects, there is hereby created a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands, by the name of the "Virgin Islands Public Finance Authority". The debts, obligations, contracts, bonds, receipts, expenditures, accounts, funds, facilities and property of the Authority shall be deemed to be those of the Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, branch, agent, office or employee thereof. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

The Charter of the Authority shall be as follows: CHARTER FIRST: The existence of the Authority shall be perpetual. SECOND: The principal office of the Authority shall be at St. Thomas, Virgin Islands. THIRD: The purposes for which the Authority is formed, the business or objectives to be carried on and promoted by it and the powers of the Authority are as follows: (A) To borrow money and contract debts for its corporate purposes upon such terms and conditions as the Authority may from time to time determine, with or without security, to dispose of its obligations evidencing such borrowing, contracting of debt or issuance of bonds, to make, execute and deliver trust indentures and other agreements with respect to any such borrowing, contracting of debt or issuance of bonds, and by the authority of the Government of the Virgin Islands which is hereby granted, to issue its bonds in such form, secured in such manner, and subject to such terms of redemption with or without premium, and to sell the same at public or private sale for such price or prices, all as may be determined by its Board. (B) To lend the proceeds of bonds or other money to, or to apply proceeds of bonds or other money to purchase bonds issued by the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, such loans or bonds to be secured in such manner as the Authority shall determine. (C) To guarantee, with or without security, loans and other obligations incurred by the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands. (D) To invest its funds in direct obligations of the United States or obligations guaranteed as to both principal and interest by the United States; in obligations of any state, territory, possession or commonwealth of the United States or of any agency, instrumentality, commission, authority or other political subdivision of the United States or any state, territory, possession or commonwealth of the United States; in obligations of the Government of the Virgin Islands, or obligations guaranteed as to both principal and interest, by the Government of the Virgin Islands; in obligations of any agency, instrumentality, commission, authority, or other political subdivision of the Virgin Islands; in obligations of international banking institutions; in obligations issued, or the principal of and interest on which are unconditionally guaranteed, by any agency or instrumentality of or corporation wholly owned by the United States; in repurchase agreements or investment contracts with, or bank acceptances or bank time deposits evidenced by certificates of deposit issued by banks, savings and loan associations or trust companies organized under the laws of the Virgin Islands, the United States, or any state, territory, possession or commonwealth of the United States; in investment agreements, guaranteed investment contracts or similar funding agreements issued by insurance companies or other financial institutions; in shares or other interests in any mutual fund, trust, or investment company; in corporate commercial paper; and in money market portfolios consisting of any of the foregoing. (E) To arrange for the investment of the funds of the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, other than the Government Employees Retirement System, at the request of such entity or by agreement with such entity, to combine such funds, either with or without funds of the Authority, into a common investment pool or pools, and to direct the investment of such pool or pools in securities and obligations as described in subsection (D) above; except that any agency that requests or agrees to have the Authority manage its investment funds may terminate the investment services of the Public Finance Authority if: (i) The Authority cannot establish that the total investment net return, compounded over a four-year period is equal to or better than the total return that another investment option would provide, taking into account the same risk adjusted target return indicated by the agency's investment policy statement; (ii) The Authority's investment strategies fail to achieve the agency's target return objective for four consecutive semi-annual periods; or (iii) The investment policy under subsection (b) sets forth additional grounds or options for terminating the investment services. (F) To establish one or more revolving loan funds with the proceeds of bonds issued by the Authority or obligations issued by the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, or with such other monies which the Authority may have available to it. Amounts in any such revolving loan fund may be loaned by the Authority as authorized by this Section and the repayments of any such loan may be deposited in such revolving loan fund and applied to make additional loans, or applied to retire bonds or other obligations of the Authority. (G) To establish one or more collateral guaranty funds with the proceeds of bonds issued by the Authority or obligations issued by the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, or with such other monies which the Authority may have available to it. Amounts in any such collateral guaranty funds may be utilized by the Authority as authorized by the Legislature of the Virgin Islands or otherwise authorized by law. (H) To guarantee, with or without security, loans and other obligations incurred by one or more natural persons, firms, partnerships of all kinds and corporations, established or to be established in the Virgin Islands, in connection with public projects constituting programs specially approved and authorized by the Legislature of the Virgin Islands or otherwise authorized by law. (I) To exercise all such incidental powers as may be necessary or convenient for the purpose of carrying on the foregoing business and objectives. (J) To purchase notes and other obligations or instruments secured by real property from one or more natural persons, firms, partnerships of all kinds and or corporations, established in the Virgin Islands and to lend mortgages to one or more natural persons, firms, partnership of all kinds and or corporations established or to be established in the Virgin Islands, whose business includes land development or affordable housing development, provided that the loan is secured by real property. The interest on loans made by the Authority authorized by this subsection shall not exceed six percent (6%) per annum. FOURTH: The Authority shall also have the following powers: (A) To have a common seal and to alter the same from time to time. (B) To acquire real or personal property by grant, gift, purchase, devise or bequest, and to hold, lease, mortgage and otherwise exercise the rights of ownership of such property, and to dispose of such property, including by sale, lease or other disposition of such property to any person, including the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands. (C) To acquire any property in the settlement or reduction of debts previously contracted or in exchange for investments previously made in the course of its business, where such acquisition is necessary to minimize or avoid loss in connection therewith, and to hold such property for such periods as the Board may deem advisable and to exercise the rights of ownership of and to dispose of the same. (D) To establish one or more offices necessary or convenient for the transaction of its business within or without the Virgin Islands. (E) To purchase or otherwise acquire bonds out of any funds available therefor, subject to such agreements with bondholders as may exist. (F) To charge such fees for its services as the Authority deems appropriate. (G) To sue and be sued. (H) To appoint, employ and contract for the services of officers, agents, employees and professional assistants and to pay such compensation for their services as the Authority may determine. (I) To make contracts and issue guarantees and to execute all instruments necessary or convenient in the exercise of any of its powers, including but not limited to, guarantees, standby agreements or other credit enhancements, interest exchange agreements, agreements in connection with credit enhancement procedures, including letters of credit, guarantee, standby agreements or other credit enhancements and agreements in connection with, without limitation, the private sale of its bonds, the remarketing of its bonds, the repurchase of its bonds, and its guaranty programs. (J) To make, and from time to time modify and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority. (K) To accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with the United States, any agency, instrumentality, commission, authority or other political subdivision thereof, the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision thereof, and to apply the proceeds of any such grants or loans for any of its corporate purposes; to participate in the programs of the United States or any agency, instrumentality, commission, authority or other political subdivision thereof, and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such entities in achieving the policies and purposes of this chapter; and to enter into agreements with the Government of the Virgin Islands, the United States or any agency, instrumentality, commission, authority or political subdivision thereof, providing for the guarantee of the payment of the principal of, or interest on, bonds of the Authority, which guaranty agreements may contain such terms or covenants as the Board shall deem necessary or appropriate, including those provisions set forth in section 923 of this chapter. (L) To exercise such other corporate powers, not inconsistent herewith, as are conferred upon corporations by the laws of the Virgin Islands and to exercise all its powers within and without the Virgin Islands to the same extent as natural persons might or could do. (M) To lend the proceeds of bonds, notes or other evidences of indebtedness issued by the Authority or such other monies which the Authority may have available to it, to private enterprises in the Virgin Islands subject to the approval of the Legislature of the Virgin Islands. FIFTH: (A) The Authority is governed by a Board of Directors consisting of seven members. The Governor, the Commissioner of Finance and the Director of the Office of Management and Budget, or persons acting in the official capacity of such officers, shall serve as ex-officio members of the Board. The Governor shall appoint four additional members with the advice and consent of the Legislature, who shall serve for a term of four years. Two members must be residents of the District of St. Thomas-St. John, and two members must be residents of the District of St. Croix. The members appointed by the Governor must be experienced in municipal finance and must not be salaried officials or employees of the Government of the United States or the Government of the Virgin Islands, but persons drawing retirement pay or pensions from such governments are not considered to be salaried officials or employees. (B) The Governor shall serve as Chairman of the Board of Directors and shall call all meetings of the Authority. The Commissioner of Finance or the Director of the Office of Management and Budget, as designated by the Governor, shall serve as Executive Director serve as Executive Director of the Authority. The Board may elect such additional officers from its membership or delegate to any of its members or the Authority's officers, agents or employees such duties and responsibilities as it may deem necessary. (C) A majority of the members shall constitute a quorum of the Board for the purpose of conducting the business of the Authority and exercising its powers, and for all other purposes notwithstanding the existence of any vacancies, except that a lesser number may adjourn. Unless the Authority in its bylaws requires a greater proportion in any instance, a vote of the majority of members present at any meeting of the Board shall prevail. (D) Members of the Board shall receive no compensation for their services, but shall be entitled to payment of official travel costs and reimbursement of expenses actually and necessarily incurred in the discharge of their official duties and functions pursuant to such regulations as are applicable to employees of the Government of the Virgin Islands. (E) Members of the Board, while acting within the scope of their authority as directors or officers, shall not be subject to any personal or civil liability resulting from the exercise of any of the Authority's purposes, duties or responsibilities, unless the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Dec. 7, 1989, No. 5491, §§ 1, 2, Sess. L. 1989, pp. 156, 157; Aug. 26, 1994, No. 6006, § 6, Sess. L. 1994, p. 147; Feb. 21, 2002, No. 6503, § 4(a), Sess. L. 2002, p. 272; Apr. 12, 2008, No. 6996, § 4, Sess. L. 2008, pp. 48-50; May 14, 2008, No. 7002, § 5, Sess. L. 2008, pp. 116, 117.

Notwithstanding any provision of this chapter to the contrary, except for any indebtedness involving special obligations issued to finance a project for the benefit of a private party, and payable out of the revenues generated by the involved project and/or payable to the Authority by said private party, the Authority shall be authorized to finance, to make loans for or otherwise to apply its funds, including funds derived from dividend payments and interest earned from bond proceeds only to those projects specifically approved and authorized by the Legislature of the Virgin Islands or any agency, instrumentality, commission, authority or political subdivision of the Virgin Islands. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Oct. 6, 2000, No. 6359, § 9, Sess. L. 2000, p. 122; Apr. 22, 2002, No. 6503, § 17, Sess. L. 2002, p. 272.

The purpose for which the Authority is created and shall exercise its powers being a public purpose, the Authority shall not be required to pay any taxes or assessments on any of the property acquired or to be acquired by it, or on its operations or activities, or on the income derived from any of its operations or activities. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

Conditions; Etc (a) By authority of the Government of the Virgin Islands under section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, which is hereby granted, the Authority is authorized to issue and sell bonds from time to time, for the purpose of financing or refinancing, directly or indirectly, by loan of the proceeds of such bonds or otherwise, any project or purpose authorized by the Legislature or otherwise authorized by law to be financed by the Authority, the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, of funding reserves for such bonds and of paying the costs of issuance of such bonds. (b) Payment of the bonds of the Authority may be secured by a pledge of or a mortgage or other lien on all or any part of its real or personal properties, notes, loans, contracts, gross or net rates, fees, revenues, other income or bond proceeds to which the rights of the Authority then exist or may thereafter come into existence, by pledge of or lien on any bonds, notes, lease or sale obligations or other obligations of the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision thereof, or on any loan, guaranty, grant, or contribution, or parts thereof, from the United States, any agency, instrumentality, commission, authority or other political subdivision thereof, the Government of the Virgin Islands or by letter of credit, insurance or other credit enhancement device or any other source. It is the intention hereof that any pledge of revenues or other monies, or of a revenue producing contract or contracts made by the Authority to secure bonds or any other obligation of the Authority shall be valid and binding from the time when the pledge is made; that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds shall be exempt as to principal and interest from taxation by the Government of the Virgin Islands, or by any political subdivision of the Virgin Islands. (d) Bonds shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable federal law as may be in effect at the time. Except as otherwise provided for by said act or other federal law, bonds may be issued in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, be subject to redemption prior to maturity at such time or times and upon such terms, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be issued as serial bonds, sinking fund bonds or term bonds or any combination thereof, be noninterest bearing or bear interest at such rate or rates payable currently or compounded, including rates that vary in accordance with a formula or procedure set forth or referred to in the bonds, be general obligations of the Authority payable out of any revenues of such Authority, subject only to any agreement with the holder of particular bonds, pledging any particular revenues of the Authority, or be revenue bonds secured in such manner as the Authority may determine, be executed by manual or facsimile signature of the Governor of the Virgin Islands in such manner, and be payable in such medium of payment, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as the Board may provide. (e) The bonds shall be sold at public or private sale, as permitted by the Revised Organic Act of the Virgin Islands, as amended, or other applicable Federal laws, at such price or prices as the Authority may determine. (f) In case any of the members or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provisions of any law to the contrary notwithstanding, any bonds issued by the Authority pursuant to this chapter shall be negotiable for all purposes, subject only to the provisions of bonds for registration. (g) Neither the members of the Authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been issued by the Authority to aid in financing a designated facility shall be conclusively deemed to have been issued for such purpose, and the facility shall be conclusively deemed to have been undertaken or acquired in accordance with the provisions of this chapter. (i) Upon the issuance of the bonds, the authority to issue the bonds, the regularity thereof, the validity of any pledge or lien, and the validity and legality of the resolution authorizing the bonds and the proceedings so adopted shall be conclusively presumed, and no court may inquire into such matters. (j) The Authority shall manage bond proceeds effectively. (k) Bond proceeds must be used in accordance with the timeframes and other restrictions contained in the Internal Revenue Code. (l) The Authority shall review a computerized schedule of bond proceeds to prevent bond proceeds from going unused past the date for remaining tax-exempt. (m) The Authority shall fulfill its duty to protect the integrity of its operations and the interests of bond holders. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Apr. 12, 2008, No. 6996, § 17, Sess. L. 2008, p. 51.

In any resolution, trust indenture or other contractual commitment authorizing the issuance of bonds, the Authority may contract with the holders of the bonds to undertake and obligate itself by such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary or appropriate for the protection of the bondholders and the marketability of the bonds, and, specifically in addition to any other provisions, may: (a) covenant as to the disposition of the entire gross or net revenues and present or future income of the Authority, of any loans made or bonds purchased by the Authority or of any other property, real or personal, of the Authority, including the pledging of all or any part thereof to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge or other lien on all or any part of its receipts, revenues or other income, or loans made or bonds purchased or other real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the property of the Authority or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to be issued, as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and provide for the terms and conditions thereof; (d) covenant as to the rates, fees, rentals, and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof; (e) create or authorize the creation of special funds or reserves for moneys held for debt service, reserves, or other purposes; and covenant as to the use, disposition and investment of the moneys held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance moneys; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given; (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Authority of any of its covenants, conditions, or obligations, including the rights and remedies of bondholders which may be in addition to remedies specified in this chapter; (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Authority, to take possession of and use, operate and manage the Authority or any part or parts thereof or any funds connected therewith, to enforce the terms and conditions of any loans of the Authority then outstanding, and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the holders of the bonds; provide for the powers and duties of such trustee or trustees which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state of the United States, and limit the liabilities thereof; and provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and (k) exercise all or any part or combination of the powers herein granted; make covenants and do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

(a) The Authority shall submit to the Legislature annually after the close of its fiscal year, a report of the business of the Authority for the preceding fiscal year. (b) The Authority's annual report must include an accounting of (i) the expenditures paid from its Operating Budget; (ii) expenditures paid by interest earned from bond proceeds; and (iii) expenditures paid from interest earned from debt service. The Authority shall submit such additional reports as the Legislature may request. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Apr. 12, 2008, No. 6996, § 18, Sess. L. 2008, p. 52.

The Authority shall keep written transcripts of all of its proceedings and such transcripts shall be considered public documents. Transcripts shall be transcribed no later than 30 days after the date of the proceeding during which they were taken. History: Added Sept. 28, 1990, No. 5627, § 1, Sess. L. 1990, p. 340.

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor including, but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated, to exercise such remedies and take such other actions to protect or preserve its rights with respect to any issue of bonds as shall be set forth in the related resolution, trust indenture or other contractual commitment authorizing the issuance of the bonds including, but not limited to the following: (1) by mandamus or other suit, action, or proceeding at law or in equity to compel the Authority and its Board, officers, agents or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity to require the Authority and the Board thereof to account as if they were the trustees of an express trust; (3) to declare the bonds immediately due and payable; (4) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (5) to bring suit upon the bonds. (b) The faith and credit of the Government of the Virgin Islands shall not be pledged for the payment of the principal and interest of the bonds, except as provided in section 928 of this chapter, and there shall be on the face of each bond a statement plainly worded to that effect. The Authority has no taxing power and its obligations are not debts of the Government of the Virgin Islands or any political subdivision of the Virgin Islands. No holder of the bonds shall have the right to compel any exercise of the taxing power of the Government of the Virgin Islands to pay the principal of or interest on the bonds. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

The Government of the Virgin Islands does hereby pledge to, contract and agree with, any person, firm or corporation, or any Federal, Virgin Islands or state agency, subscribing to or acquiring bonds of the Authority issued for the purposes of this chapter, that it obligates itself not to limit or alter the rights or powers hereby vested in the Authority to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights or remedies of such bondholders until all such bonds at any time issued, together with interest thereon, are fully met and discharged. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

The bonds are hereby made securities in which all public officers and bodies of the Virgin Islands and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the Authority, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of the Virgin Islands and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, for any purpose for which the deposit of bonds or other obligations of the Authority is now or may hereafter be authorized. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220.

Notwithstanding any other provisions of law to the contrary, the Government of the Virgin Islands and all agencies, instrumentalities, commissions, authorities, and political subdivisions of the Virgin Islands are hereby authorized to arrange with the Authority for the investment by the Authority of all or any part of the funds as to which it has authority to invest, in any investment in which the Authority is authorized to invest funds provided that the Authority shall not be authorized to invest funds of the Government Employees Retirement System; to permit any such funds to be combined with other funds of the Authority or other funds invested by the Authority pursuant to this act in connection with the investment thereof by the Authority; to issue bonds and other obligations guaranteed by the Authority; to issue bonds and other obligations and to apply the proceeds to acquire bonds issued by the Authority or to make loans to the Authority; to borrow money from and to issue and sell bonds and other obligations to the Authority; to enter into lease or purchase agreements with the Authority for any real or personal property; to guarantee the payment of principal, premium and interest on bonds, or guaranties, standby agreements or other credit enhancements, of the Authority or reimbursement obligations to the Authority as guarantor and to enter into agreements with the Authority providing therefor, which agreements may contain such terms or covenants as the Board shall deem necessary or appropriate; to enter into agreements with the United States, or any agency, instrumentality, commission, authority or other political subdivision thereof, providing for the guarantee of the payment of principal, premium and interest on obligations issued by the Government of the Virgin Islands which guaranty agreements may contain such terms or covenants as the Board shall deem necessary or appropriate; to convey property to or acquire or lease property from the Authority on such terms and conditions as may be deemed by such entity to be appropriate; and to enter into contracts and agreements with the Authority regarding any and all of the foregoing. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Dec. 7, 1989, No. 5491, § 3, Sess. L. 1989, p. 157.

If any provisions of this chapter or the application of any such provisions to any person or circumstance shall be held invalid, the remainder of the chapter and the application of any such provision to persons or circumstances other than those as to which such provision shall have been held invalid shall not be affected thereby. History: Added Oct. 18, 1988, No. 5365, § 2, Sess. L. 1988, p. 220; amended Dec. 7, 1989, No. 5491, § 6, Sess. L. 1989, p. 159.

The Legislature hereby finds and declares that: (i) there is a critical shortage of decent, safe, sanitary, aesthetically acceptable, high quality housing for persons of low and moderate income; (ii) there is considerable demand for owner-occupied single-family housing units and multifamily rental housing for such persons; (iii) new housing must be provided at a cost affordable to persons of low and moderate income in order to meet such demand; (iv) the rising cost of land, construction and financing make it difficult for the private sector housing construction industry alone to address the housing needs of such persons; (v) the construction industry in the Virgin Islands for the most part produces housing, primarily condominiums, for upper income persons, most of whom are investors and nonresident home buyers; (vi) single-family units are, therefore, in great demand; however, very few residential subdivisions offering single-family homes have been developed in the Virgin Islands; instead, the typical new single-family home in the Virgin Islands is built or contracted out directly by the owner; (vii) there is a shortage of multifamily rental housing available at rents affordable to persons of low and moderate income; therefore it is necessary for the Government of the Virgin Islands to provide incentives for the production of such housing; (viii) with the cutback in housing assistance programs by the Federal Government, continued rapid population growth and the growth in household formation, the housing crisis in the Virgin Islands is likely to continue unabated; (ix) such conditions and the prospects for the continuation thereof necessitate an expansion of the Virgin Islands Government's role in the provision of affordable housing by establishing and implementing a comprehensive low and moderate income affordable housing program; and (x) it is in the public interest and essential to the public health and welfare, to further encourage home ownership and provide decent housing for persons of low and moderate income and that there be undertaken an additional program of home ownership and rental housing development. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39.

(a) It is the express purpose of this Act that the Virgin Islands Housing Finance Authority, (hereinafter "VIHFA"), as an independent instrumentality of the Government, shall operate the Affordable Housing Program for low and moderate income persons under this Act. The VIHFA shall cooperate with each other so that the criteria established for qualification as a low and moderate income family remains substantially the same, and so that no applicant shall find greater incentives for the construction of one type of housing over another. To that end, rules and regulations for the Program shall, to the maximum extent feasible, be promulgated by the VIHFA. (b) It is the policy and purpose of this Act to: (1) Provide decent, safe, sanitary, aesthetically acceptable, high quality affordable housing for persons and families of low and moderate income by (i) stimulating single-family home ownership opportunities for such persons and families, (ii) encouraging the development of housing cooperatives for low and moderate income households, and (iii) increasing the supply and reducing the monthly rents of multifamily housing, through a comprehensive program that reduces the cost of land, construction and financing and provides subsidies for low income housing. (2) Provide Government owned land and site improvements to reduce the cost of housing sites. (3) Encourage investment in and development of the factory-built housing industry in order to reduce housing construction costs and provide jobs for Virgin Islanders. (4) Provide financing for owner-occupied and rental housing developments on in-fill lots and as part of larger scale residential subdivisions. (5) Offer incentives, including tax exemptions and income tax liability reductions, to encourage the construction of affordable housing. (6) Provide a mechanism for the establishment and maintenance of a Housing Trust Fund to be used to facilitate construction of new owner-occupied and rental housing developments and to provide assistance to home buyers and renters. (7) Authorize the Government of the Virgin Islands, acting through the Governor and the Virgin Islands Housing Finance Authority and in conjunction with other Government agencies and authorities and in coordination with other Government housing and community development programs, to provide for the acquisition, construction, rehabilitation and financing of affordable housing as hereinafter in this Act provided. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended June 8, 1990, No. 5575, § 1(a), Sess. L. 1990, p. 225; May 3, 1994, No. 5978, § 1(a), Sess. L. 1994, p. 61; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

As used in this Act, the following terms shall have the following meanings, unless the context otherwise requires: (a) "Act" means the Low and Moderate Income Affordable Housing Act of 1990. (b) "Affordable housing" means, with respect to living accommodations, a dwelling unit for which a household pays, with regard to a unit for sale, not more than the "applicable percentage" (determined by the Authority) of gross income for mortgage payments, property taxes, insurance and homeowners' association fee, if any, and, with regard to a rental unit, not more than the "applicable percentage" of gross income for all shelter costs including utilities. The "applicable percentage" for purposes of this definition may be established by the Authority in a manner consistent with the various Federal housing programs designed to assist low and moderate income households. (c) "Affordable Housing Advisory Committee" means the Advisory Committee appointed by the Governor and approved by the Legislature to advise the Governor, the Legislature, the VIHFA and the Authority regarding the Program and the utilization of the Housing Trust Fund. (d) "Affordable Housing Development Agreement" means one or more agreements executed between and among an applicant for a development permit for affordable housing, the VIHFA and the Zoning Administrator providing for development of affordable housing units in accordance with an Affordable Housing Development Plan. (e) "Affordable Housing Development Plan" means a plan submitted to the VIHFA, the Authority, the Legislature and the Zoning Administrator in connection with a request for a development permit for affordable housing. (f) "Applicant" means any person, firm, partnership, association, joint venture or corporation, or any other entity or combination of entities who at any time after March 19, 1990, submits to the Authority, the Legislature and the Zoning Administrator, pursuant to Title 29, chapter 3, section 232a, Virgin Islands Code, an Affordable Housing Development Plan and Agreement. (g) "Authority" means the Public Finance Authority of the Virgin Islands. (h) "Governor" means the Governor of the Virgin Islands or his designee. (i) "Housing production facilities" means facilities for the construction of modular panelized housing components or any other type of approved housing production technology. (j) "Housing Trust Fund" means the fund by that name established pursuant to Title 33, section 3074, Virgin Islands Code, as amended, maintained by the Commissioner of finance and administered by the Authority for the exclusive benefit of persons and households of low and moderate income. (k) "Legislature" means the Legislature of the Virgin Islands. (l) "Low income persons" means one or more natural persons or a family, whose income qualifies as low income within the meaning of the various housing programs administered by the United States Department of Housing and Urban Development, including, without limitation, section 8 of the United States Housing Act of 1937, as amended. Low income levels shall be established by written regulations promulgated by the Authority and approved by the Governor. (m) "Moderate income persons" means one or more natural persons or a family with levels of income which prohibit or severely limit the financial ability of such persons to purchase or rent affordable housing in the Virgin Islands and which, therefore, based on experience in the housing market in the Virgin Islands, require the establishment and implementation of the Program. Moderate income levels shall be established by written regulations promulgated by the Authority and approved by the Governor. In establishing moderate income levels, the Authority shall consider, among other things, the prices established for the sale or rental of housing units developed under the Program, plus the term, interest rate and taxes applicable to the financing of such housing units, the estimated levels of income necessary to finance the acquisition or rental of such units, and the family size and number of dependents of participating families. (n) "Program" means the Virgin Islands Affordable Housing Program established pursuant to this Act. (o) "Project Manager" means the person selected by the Governor to manage on behalf of the Authority the day-to-day operation of the Affordable Housing Program. (p) "Site improvements" means retaining walls, sewer lines, water lines, wastewater treatment facilities and such other improvements as may be determined by the Authority or the VIHFA to be necessary and appropriate for the development of a site for affordable housing. (q) "VIHFA" means the Virgin Islands Housing Finance Authority as established by Title 21, chapter 2, section 103, Virgin Islands Code. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended June 8, 1990, No. 5575, § 6(a), Sess. L. 1990, p. 226; May 3, 1994, No. 5978, § 1(b), Sess. L. 1994, p. 62; Apr. 1, 2008, No. 6973, § 12, Sess. L. 2007, p. 190.

(a) The VIHFA is hereby authorized to initiate, administer and maintain a program to provide affordable housing for persons of low and moderate income to be referred to as the "Virgin Islands Affordable Housing Program". The program may include the following elements: (1) contribution of publicly-owned land or buildings; (2) public development or rehabilitation of land and improvements, including, but not limited to, single-family owner-occupied housing units, cooperative housing developments and multifamily rental housing units; (3) use of improved housing technology, including, but not limited to, modular and panelized housing methods; (4) public financing of construction and rehabilitation of housing units; (5) development incentives and expedited zoning and subdivision approval; (6) public financing of mortgage loans for home buyers; (7) mortgage loan administration, including screening and prequalification of low income and moderate income participants; (8) home ownership training and assistance. (9) projects of the VIHFA which meet the criteria of this act for low and moderate income families. (b) In addition to any other powers conferred by this chapter or any other provision of applicable law, the VIHFA, with the approval of the Governor, may: (1) acquire and dispose of any real and personal property, or any interest or estate therein, when such action is necessary and appropriate to provide affordable housing for low income or moderate income persons and families; (2) pledge, obligate, mortgage or otherwise encumber land, property, revenues and income acquired or received by the VIHFA, whichever is applicable, for the purposes of the Act; provided, however, that no obligation shall be incurred which may be a general obligation of the Government of the Virgin Islands unless such obligation is permissible under the organic laws governing the Virgin Islands and approved by the Legislature; (3) enter into contracts and execute all instruments necessary or advisable in the exercise of the powers hereby conferred, including, but not limited to, Affordable Housing Development Agreements with developers or builders of affordable housing; (4) develop, construct, rehabilitate, own, operate and maintain buildings and improvements deemed necessary and appropriate to the execution of the purposes of this Act; (5) subdivide, allot and reallot designated Government-owned land as necessary and appropriate to the execution of the purposes of this Act; (6) seek and accept funding from any public or private source consistent with the purposes of this Act; (7) adopt, alter, amend or repeal rules and regulations, in a manner consistent with applicable law, in order to carry out the purposes of the Act, including, without limitation, rules, regulations and guidelines governing program income limits for low and moderate income persons and families, program eligibility criteria for low and moderate income persons and families, rules and regulations regarding the content of Affordable Housing Development Plans, and rules, regulations and guidelines regarding the sale or other disposition of dwelling units financed or constructed under the program. (8) review and recommend for approval, exemptions from excise taxes, gross receipts taxes, customs duties and income taxes for persons, corporations and others providing affordable housing under the program. (c) The Governor, with the approval of the Legislature, shall appoint a seven (7) member Affordable Housing Advisory Committee. The members so appointed shall be experienced in housing, community development or finance, provided that the membership reflects a balanced representation of each area of expertise. The Governor, and, in his absence, the Lieutenant Governor, shall serve as chairman of the Advisory Committee. The Committee may elect such additional officers from its membership or delegate to any of its members such duties and responsibilities as it may deem necessary. Members of the Committee shall receive no compensation for their services, but shall be entitled to payment of official travel costs and reimbursement of expenses actually and necessarily incurred in the discharge of their duties and functions pursuant to such rules and regulations as are applicable to employees of the Government of the Virgin Islands. The sole purpose and function of the Affordable Housing Advisory Committee is to advise the Governor, the Authority, and the VIHFA on the implementation and administration of the program and the financing thereof, including the use of funds in the Housing Trust Fund. (d) Members of the Affordable Housing Advisory Committee, while acting within the scope of their authority as committee members, shall not be subject to any personal or civil liability resulting from the exercise of any of the Committee's purposes, duties or responsibilities, unless the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (e) The Governor is hereby authorized to designate a Project Manager to administer the day-to-day operations of the program. The Project Manager shall implement program activities in accordance with rules and regulations promulgated for the program pursuant to this Act. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 1(c), Sess. L. 1994, p. 62; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

Local Participation; Joint Ventures (a) The VIHFA, on behalf of the Government, are hereby authorized to contract with builders, contractors, project coordinators, construction managers and others, as necessary and appropriate, to finance, develop, acquire, construct, rehabilitate and manage affordable housing. The VIHFA or other appropriate governmental entity, as determined by the Governor, is hereby authorized to operate and manage any Government-owned housing development undertaken pursuant to the program. Builders, contractors and others selected by the VIHFA to provide services for the Government under the program shall be independent contractors and shall not be deemed agents or employees of the Government. Such persons shall provide evidence of adequate personal liability, fire, casualty and other appropriate insurance to protect the interests of the Government, as such interests may appear. Builders and contractors shall also be required to provide performance and completion guarantees or other forms of performance and completion assurances established pursuant to written rules and regulations to minimize risks to the Government in the event of their failure to adequately perform under their construction agreements; provided, however, that in the interest of providing opportunities for local building contractors to participate in the program such performance assurances may be modified or waived by the VIHFA. (b) In the development of affordable housing under the Act, preference shall be given to builders, developers, contractors, subcontractors and other participants licensed to do business in the Virgin Islands for a period of at least one (1) year. In addition, in order to assist small businesses, including, specifically, local builders, contractors, subcontractors and others who lack significant construction industry experience, the VIHFA shall encourage and expedite joint venture relationships between such small businesses and larger, more experienced construction firms. The VIHFA shall promulgate rules and regulations to implement the requirements of this subsection (b). (c) Of the total number of affordable housing units built under the program, at least five percent (5%) of such units shall be designed to accommodate and meet the needs of disabled persons, as defined in Title 34, section 452, Virgin Islands Code. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 1(d), Sess. L. 1994, p. 62; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

In order to facilitate the production of decent, safe, sanitary, aesthetically acceptable, high quality affordable housing in the Virgin Islands, to create jobs for Virgin Islanders and to stimulate increased economic development in the Virgin Islands through involvement of the local construction industry in the production of housing for low income and moderate income persons, the VIHFA may, with the approval of the Legislature, may enter into agreements with housing production firms, including, but not limited to, manufactured housing firms, to acquire, construct, manage and operate such housing production facilities as necessary or convenient to exercise the authority hereby conferred; provided, however, that in connection with such housing production facilities, preference shall be given to contractors and subcontractors licensed to do business in the Virgin Islands for a period of at least one (1) year in the production, installation, operation and management of such housing production facilities and the housing products produced in such housing production facilities. The VIHFA may, with the approval of the Legislature, may enter into agreements to purchase, lease or otherwise acquire or dispose of real and personal property of every kind and character as necessary and appropriate to further the public purposes of providing such housing production facilities. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 1(e), Sess. L. 1994, p. 62; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) The Authority, subject to subsection (d) of this section, shall have the power and is hereby authorized, at one time or from time to time, to borrow money and to issue its negotiable notes, bonds, debentures, certificates, obligations or other evidences of indebtedness to fund or refund the same, payable solely from the revenues to be derived from the development project or undertaking, in such principal amounts as, in the opinion of the Authority, shall be necessary and appropriate to provide sufficient funds for achieving the public purpose of providing housing for low income and moderate income persons, including financing the acquisition, construction and rehabilitation of owner-occupied and rental housing units for such persons; the acquisition, construction and installation of site improvements; the acquisition and construction of housing production facilities, as provided in this chapter; the capitalization of the Housing Trust Fund; the establishment of reserves to secure such indebtedness; to fund interest on such indebtedness during the period of construction and for one year thereafter; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. (b) The Authority, subject to subsection (d) of this section, consistent with subsection (a) of this section and to the extent not provided for in the Housing Finance Authority is authorized to engage in (A) for the purpose of financing single-family owner-occupied housing, the financing of qualified home mortgage loans for qualified low and moderate income persons in a manner consistent with the applicable requirements of the United States Internal Revenue Code of 1986, amended, including, among other things: (i) making moneys available to established lending institutions for home mortgage loans to qualified buyers; (ii) acquiring by assignment, or otherwise, home mortgages or participations owned or originated by lending institutions; (iii) contracting with lending institutions for the origination, purchase and servicing of new or existing home mortgages; (iv) selling or otherwise disposing of any home mortgage and (B) for the purpose of financing multi- family rental housing units for qualified low and moderate income persons in a manner consistent with the requirements of the Internal Revenue Code of 1986, as amended, including among other things: (i) to make and to contract for the making of loans to any person or entity, whether for profit or not for profit, for the acquisition, construction or rehabilitation and for the long-term financing of multi-family rental housing, secured or unsecured as determined by the Authority, and (ii) to make and to contract for the making of loans to, or to purchase securities, time deposits or loans from, secured or unsecured as determined by the Authority, established lending institutions for the purpose of providing funds to such institutions for making loans for the financing of such acquisition, construction or rehabilitation. (c) The bonds, notes, debentures, certificates, obligations or indebtedness so issued and incurred shall be dated, shall bear interest at such rate or rates as shall be set by the Authority (which may include the use of any formula or market-pricing mechanism determined by the Authority to be reasonable and appropriate), payable at such times as the Authority may determine and shall mature at such time or times as the Authority may determine, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and, at the option of the Authority, may be made redeemable before maturity under terms and conditions as may be fixed by the Authority in the resolution or financing documents providing for the issuance of such obligations. Such obligations may be issued as taxable or tax-exempt securities and may be structured as current-interest bearing obligations or capital appreciation obligations, as determined by the Authority within its sole discretion. Such notes, bonds, debentures, obligations or other indebtedness shall comply with all applicable requirements of the Revised OrRevised Organic Actrgin Islands, as amended, and shall be issued, executed, secured, sold and delivered and have such attributes as permitted or required by the Revised OrRevised Organic Actrgin Islands and Title 29, Title 2915, Virgin Islands Code. The Authority may enter into contracts and execute all instruments necessary or advisable in the exercise of the powers conferred in this section, including, without limitations, agreements in connection with credit enhancement requirements, agreements relating to the private sale of its bonds, notes or other obligations and the repurchase of such obligations. (d) Notwithstanding any other provision of law to the contrary, the Authority shall not administer programs funded under the authority provided by this or any other act of the Legislature. Program funds shall be turned over to the appropriate operating agencies under terms consistent with the purpose of the funded program. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 1(f)- (h) Sess. L. 1994, p. 62.

(a) The Authority is hereby declared to be the trustee of the Housing Trust Fund, established pursuant to Title 33, chapter 111, section 3074, as amended. There shall be deposited in the Housing Trust Fund from time to time all moneys appropriated by the Legislature for such purpose and all other moneys and securities directed to be deposited therein from time to time by law including amounts received for Housing Trust Fund purposes pursuant to section 943 of this title and available unexpended balances from the Housing Construction Revolving Fund. Moneys credited to the Housing Trust Fund shall be held in trust for the benefit of low and moderate income persons and families for the purpose of promoting the availability of decent, safe, sanitary, aesthetically acceptable, high quality affordable housing for such persons in the Virgin Islands. Administrative and personnel costs incurred in the establishment and administration of the trust fund may be paid from such fund. Administrative and personnel costs incurred in the establishment and administration of the Affordable Housing Program, including the processing of permits required by the Affordable Housing Program, may be paid from such Housing Trust Fund. Moneys in the Housing Trust Fund which are not currently needed for the purpose of the program shall be invested at the direction of the Authority for the benefit of the Housing Trust Fund. All interest earned on such investments shall be retained in the Housing Trust Fund. (b) Moneys credited to the Housing Trust Fund may be used by the Authority to carry out and effectuate the public purposes of the Act, including, without limitation, to secure credit enhancement from financial institutions, to provide or induce the provision of mortgage insurance, to make cistern and house foundation loans, to make subordinated mortgage loans to low income persons and moderate income persons, to provide assistance for low income housing development, to pay closing costs with respect to housing units purchased by low income persons and moderate income persons, to provide assistance to applicants pursuant to Affordable Housing Development Agreements, to pay program expenses and such other purposes as shall be determined by the Authority. (c) The Authority is authorized and directed to cooperate with the Virgin Islands Housing Finance Authority, and such other agencies, authorities or departments as shall be authorized by law to undertake housing developments consistent with the purposes of the Act and the program, including disbursement of funds to such other agencies, authorities or departments from the Housing Trust Fund and the entering into of agreements with such entities or other appropriate entities. (d) In addition to the permissible uses of the Housing Trust Fund specified in paragraph (b) above, moneys in the Housing Trust Fund may be used to guarantee obligations incurred by the Authority and the Virgin Islands Housing Finance Authority (hereinafter "VIHFA"). Such guarantees shall be undertaken under the Program to provide security for bonds, notes, performance bonds and other obligations incurred by the Authority and the VIHFA. Pursuant to any such guarantee arrangement, the Authority is authorized among other things to pledge monies available in the Housing Trust Fund. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 3(a), 3(b), Sess. L. 1994, p. 66; Apr. 1 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) Sale or rental. (1) Subject to the provisions of this subsection and in consideration of the incentives provided under the Act, every affordable housing unit provided directly by the Government of the Virgin Islands through bonds, notes or other obligations issued by the Authority or provided by an applicant pursuant to an Affordable Housing Development Plan and Agreement shall be offered for sale or rental, as the case may be, to eligible low and moderate income persons. Low and moderate income persons who are veterans of the Armed Forces of the United States, who are domiciled in the Virgin Islands and who were born in the Virgin Islands or entered the armed forces from the Virgin Islands shall have set-aside for purchase or rent five percent (5%) of the affordable housing units. (2) (A) The Virgin Islands Housing Finance Authority shall maintain a list of eligible persons of low and moderate income and shall notify quarterly such eligible persons of the proposed offering of housing units for sale or rental and shall furnish such other assistance and information as may be appropriate. (B) The Project Manager shall notify any person determined to be eligible for affordable housing under this chapter by certified mail within ninety days after the date the eligibility determination is made. (3) With respect to housing units provided by an applicant pursuant to an approved Affordable Housing Development Agreement, such units shall be made available exclusively for persons identified on the lists maintained by the Virgin Islands Housing Finance Authority for a control period of one hundred and eighty (180) days from the date such units are first made available for occupancy, after which time such units may be offered to the general public after giving written notice to the Project Manager of such proposed offering to the general public and notice to the general public through the news media. Applicants shall make a good faith effort to enter into sales contracts or leases with eligible persons identified by the Virgin Islands Housing Finance Authority. The eligibility lists maintained by the Virgin Islands Housing Finance Authority shall be supplemented and amended from time to time in accordance with applicable program rules and regulations. (4) Every purchaser or renter of an affordable housing unit under the program shall certify that he or she is acquiring or leasing said unit for his or her own primary place of residence. Such units shall not be permitted to be sold or leased to others except for good cause shown and only with the prior approval of the VIHFA. (5) With respect to the housing units built to accommodate the needs of disabled persons, as required by subsection (c) of section 941 of this chapter, priority with respect to eligibility for purchase or rental of such units shall be given to disabled persons, as defined in Title 34, section 452, Virgin Islands Code, who have been residents in the Virgin Islands for at least five years. (b) Purchase or lease of applicant's affordable housing units by Government. In view of the critical need for housing for low and moderate income persons and families, the Government, acting through the Authority or the Virgin Islands Housing Finance Authority, shall have the option to purchase or lease from the applicant affordable housing units provided pursuant to an Affordable Housing Development Agreement. This option may be assigned to eligible persons of low or moderate income. If the Government chooses to exercise its option, it shall do so by submitting to the applicant a notice of intent to exercise its option for a specified number of affordable units covered by the option. Such notice shall be delivered prior to the lapse of the exclusive offering period specified in subsection (a) (3) of this section. Any affordable housing unit so purchased or leased by the Government shall be sold or rented only to eligible persons. (c) Control of subsequent sale or rental of affordable housing units. (1) Subsequent sale price. Affordable housing units constructed or offered for sale under this chapter shall not be sold during a control period of twenty (20) years from the date of original sale for a price, greater than a sales price which equals the original selling price plus a percentage of the unit's original selling price equal to the increase in the cost of living, as determined by the United States Department of Labor's Consumer Price Index, plus the fair market value of improvements made to the unit between the date of original sale and the date of resale, plus an allowance for payment of closing costs. The aforesaid sale price formula may be amended or modified from time to time pursuant to regulations adopted by the VIHFA. (2) Subsequent purchase by Government. Any affordable housing unit offered for resale during the aforesaid twenty (20) year control period shall be first offered exclusively for a priority period of one hundred and twenty (120) days through the Virgin Islands Housing Finance Authority to persons determined by said Authority to be of eligible income. After expiration of the one hundred and twenty (120) day priority period, that unit may be offered for sale to the general public after giving written notice to the Project Manager of such proposed offering to the general public and notice to the general public through the news media. (3) Subsequent rental price. Affordable housing units constructed or offered for rent under this chapter shall not be rented during a control period of twenty (20) years from the date of original rental at a rental rate greater than that established by agreement or regulation promulgated by the VIHFA. Whenever any affordable housing rental unit is offered for rent during the aforesaid twenty (20) year control period, it shall be offered exclusively for sixty (60) days to the VIHFA for rental to persons of low or moderate income, as defined by this Act and as determined eligible by the VIHFA, for use as a primary residence. The VIHFA may assign its right to rent such units to persons of low or moderate income who are eligible for assistance under any federal, state or local housing program. (d) Recapture of certain program benefits; foreclosure. Subject to applicable law, any loan or other assistance provided to a low or moderate income person under the program in order to enable such person to purchase a housing unit shall be evidenced by a promissory note and secured by a second mortgage. Upon the sale of any such unit, such loan shall be repaid in full. The VIHFA is authorized to establish written regulations dealing with foreclosure proceedings with respect to such assisted housing units. (e) Executive regulation. (1) For the purpose of effectuating the requirements of this chapter, the VIHFA shall maintain a list of all affordable housing units constructed, sold or rented pursuant to this chapter, and the VIHFA, from time to time, shall issue such written regulations as may be necessary to put into effect and to administer the provisions of this chapter. In addition, the requirements hereof shall be set forth in Affordable Housing Development Agreements. (2) The provisions of this chapter shall apply to all agents, successors and assigns of an applicant. No building permit, plan of subdivision, plan of development, preliminary or final plan, or site development plan for an affordable housing development shall be approved which does not meet the requirements of this chapter. The Zoning Administrator may suspend or revoke any building or occupancy permit upon the finding of a violation of any provision of this chapter. Any prior approval of a plan of subdivision, plan of development, site development plan or preliminary or final plan for an affordable housing development authorized by the Act may be suspended or revoked upon the failure to meet any requirement of this chapter. No occupancy permit shall be issued for any building or buildings to any applicant, or successor or assign of any applicant, for such construction which fails to comply with the provisions of this chapter. History: Added Mar. 19, 1990, No. 5523, § 2, Sess. L. 1990, p. 39; amended May 3, 1994, No. 5978, § 3(c), Sess. L. 1994, p. 66; May 2, 2001, No. 6403, § 3, Sess. L. 2001, p. 21; Aug. 7, 2001, No. 6425, § 1, Sess. L. 2001, p. 137; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; amended Aug. 16, 2021, No. 8465, § 11(a), (b), Sess. L. 2021, p. 57.

The upper income limit for low and moderate income persons participating in the Virgin Islands Housing Finance Authority's Home and Land Ownership Program is 31/2 times the median income in the Virgin Islands as determined by the U.S. Department of Housing and Urban Development. History: Added May 28, 2005, No. 6733, § 1, Sess. L. 2005, p. 165.

This subchapter shall be known and may be cited as the "Antiquities and Cultural Properties Act of 1998". History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

It shall be the policy of the Government of the Virgin Islands to cooperate with the Government of the United States in protecting and managing the Territory's terrestrial and marine historical, cultural and archaeological resources for the benefit of the people of the Virgin Islands. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337.

For purposes of this subchapter: (a) "Agency" means any department, agency, authority, commission or instrumentality of the Government of the Virgin Islands. (b) "Archaeological site" means a location wherein exists material evidence of past human life and culture that is older than fifty (50) years, including burials of human beings. (c) "Archaeological specimen" means any item, relic, remain, object, artifact or other evidence of a prehistoric, historic, cultural, archaeological or anthropological nature that has scientific, historic or cultural value as an object of antiquity. (d) "Area of potential effects" means the geographic area or areas within which an undertaking may cause changes in the character or use of an identified historic property. (e) "Coastal waters" means those navigable waters adjacent to the shoreline, extending out of the three- mile limit from the mean low-tide watermark, and includes, but is not limited to sounds, bays, lagoons, ponds and estuaries that are under the jurisdiction of the Government of the Virgin Islands. (f) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources. (g) "Cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance to the Virgin Islands. (h) "Data recording techniques" means: (1) The data recording techniques outlined in the Secretary of the Interior's "Standards and Guidelines for Archaeology and Historic Preservation"; and (2) Any other data recording technique adopted by the State Historic Preservation Office. (i) "Department" means the Department of Planning and Natural Resources of the Government of the Virgin Islands. (j) "Deputy State Historic Preservation Officer" means a representative of the State Historic Preservation Officer, designated to act on his behalf. (k) "Excavation" means any disturbance or removal of soil or sand from terrestrial and marine environments. (l) "Government" means the Government of the Virgin Islands. (m) "Historic property" means any and all terrestrial and marine archaeological sites included in or eligible for inclusion in the Virgin Islands Registry of Historic Places, including any and all artifacts, objects and other remains related to and located on such sites. (n) "Human remains" means a human body or human skeletal remains which was buried, entombed or sepulchered. (o) "National Register" means the National Register of Historic Places, which is the federal listing of historic properties established pursuant to 36 CFR 60. (p) "National Register criteria" means the criteria established by the Secretary of the Interior for use in evaluating the eligibility of properties for listing in the National Register of Historic Places. (q) "Navigable waters" means all water belonging to the Government of the Virgin Islands which are navigable in fact. (r) "Registry" means the Virgin Islands Registry of Historic Places maintained for the purpose of recording historical, cultural and archaeological properties deemed worthy of preservation. Properties located in the Virgin Islands that are listed in the National Register of Historic Places shall be automatically listed in the Virgin Islands Registry. (s) "Paleontological materials" means fossils and other paleontological specimens, both plant and animal, found in archaeological contexts. (t) "Person" means any individual, legal entity, corporate group, association or public or private corporation, including the departments, agencies, commissions, authorities and instrumentalities of the Government of the Virgin Islands acting on their own behalf or that of others. (u) "Permit" means a document issued by the State Historic Preservation Officer evidencing a grant of permission or a right to perform specified recovery operations under this subchapter. (v) "Professional archaeologist" means a person who has a graduate degree in archaeology, anthropology, physical anthropology or a closely related discipline or field of study, who has at least one year of full-time professional supervisory or management experience and at least four months of supervised post-graduate field and analytical experience, and who has a demonstrated ability to complete archaeological research as evidenced by a master of arts or master of science degree and dissertation. A professional archaeologist must be certified in the appropriate area of expertise by the Society for Professional Archaeologists and meet the standards specified in Title 36 of the Code of Federal Regulations. (w) "Registered property" means property having historical, cultural or archaeological value to the Virgin Islands that has been placed in the Virgin Islands Registry on either a permanent or temporary basis. (x) "Data recovery operation" means an undertaking authorized by a valid permit from the State Historic Preservation Officer, which may include: (1) The disturbance or removal of submerged antiquities or other historic or cultural properties that lie within any navigable waters that are within three miles of the mean low-tide watermark of any shoreline of the Virgin Islands; and (2) The disturbance and removal of any archaeological or paleontological specimens from a historical, cultural or archaeological site. (y) "State Historic Preservation Officer" is the official of the Government of the Virgin Islands who is appointed or designated pursuant to section 101(b)(1) of the National Historic Preservation Act to administer the state historic preservation program. (z) "Sacred site" means a site that is eligible for inclusion in the National Register because of its association with cultural or beliefs of a living community that (a) are rooted in that community's history, and (b) are important in maintaining the continuing cultural identity of the community. (aa) "Submerged antiquities" means any artifact, object or specimen of archaeological significance that has remained unclaimed for more than fifty (50) years and is located at or below the mean low-tide watermark in the waters of the Virgin Islands. The term does not include vessels, refuse or submerged sites of former habitation. (bb) "Undertaking" means any project, activity or program that has been reviewed and approved by the State Historic Preservation Officer, and that can change the character or use of historic properties located in the affected area. (cc) "Unmarked burial ground" means a location where human skeletal remains are discovered or believed to exist, but for which there exists no written historical documentation or grave markers. (dd) "Virgin Islands" comprises all land areas and waters, including submerged land to the three-mile limit from the low-tide watermark, under the jurisdiction of the Government of the Virgin Islands. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) The Commissioner of the Department of Planning and Natural Resources shall be the State Historic Preservation Officer, and the Director of the Division for Archaeology and Historic Preservation shall be the Deputy State Historic Preservation Officer for the Virgin Islands. The Division for Archaeology and Historic Preservation shall be the State Historic Preservation Office, which shall be administered by the State Historic Preservation Officer. (b) The State Historic Preservation Officer shall be responsible for implementing this subchapter and the National Historic Preservation Act (P.L. 89-665, as amended), and shall adhere to relevant federal and local rules, regulations and executive orders, including the "Standards and Guidelines for Archaeology and Historic Preservation", established by the Secretary of the United States Department of the Interior. (c) The State Historic Preservation Officer shall implement a plan for the comprehensive survey and identification of all terrestrial and marine archaeological sites, structures, sacred sites, shipwrecks, cemeteries, unmarked human burial sites, ossuaries, objects, artifacts and areas of value in archaeology, history, architecture, engineering and culture of the Virgin Islands, both on land and sea; and maintain a listing of such sites to be referred to as the Virgin Islands Registry of Historic Places; and maintain collections appropriate for the requirements of this subchapter. (d) The State Historic Preservation Officer shall develop educational programs for the purpose of making available to the public information pertaining to historic, terrestrial and marine archaeological sites, buildings, shipwrecks, sacred sites, structures, cemeteries, unmarked human burial sites, ossuaries, objects, artifacts and other properties significant to the Virgin Islands. (e) The State Historic Preservation Officer shall have mandatory consultation among and between the government and all federally funded government agencies before any agency initiates alterations to or transferals of historic properties or archaeological sites. (f) The State Historic Preservation Officer shall receive proposals concerning terrestrial and submerged land undertakings by any person to determine whether there may be an adverse effect on public land. (g) The State Historic Preservation Officer shall issue or deny permits for use, access to, and development of property containing historic, cultural or archaeological resources, and for the excavation or removal of any archaeological specimen for cultural exchange, scientific identification or any other purpose. (h) The State Historic Preservation Officer shall employ or appoint professionally qualified staff who meet the criteria set forth in 36 CFR, Part 61 to assist in the performance of his duties under this subchapter. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) All persons, except for archaeologists within the Division for Archaeology and Historic Preservation who wish to, or are required to conduct subsurface or underwater archaeological excavations, tests, probing, or other investigations which result in the removal or contextual disturbance of in situ materials or artifacts in Virgin Islands lands or coastal waters, will be required to obtain a permit from the State Historic Preservation Officer. All archaeological investigations must be conducted by professional archaeologists in conformity with standards set by the Society of Professional Archaeologists (SOPA) and outlined in Title 36 of the Code of Federal Regulations. (b) Before issuing a permit, the State Historic Preservation Officer shall determine whether: (1) The applicant meets the criteria set forth in the "Standards and Guidelines for Archaeology and Historic Preservation" established by the Secretary of the United States Department of Interior, guidelines established by the State Historic Preservation Officer, and any rules and regulations promulgated hereunder; whether the applicant is appropriately qualified, as evidenced by training, education and experience, and is willing to utilize appropriately qualified organizations in the Virgin Islands to complete the proposed work; and whether the applicant possesses demonstrable competence in theoretical and methodological design, and in the collection, handling, conservation, analysis, evaluation, and reporting of archaeological data, based on the type and scope of the work proposed; (2) The proposed work is to be undertaken for the purpose of furthering scientific and cultural knowledge in the public interest; (3) The proposed work, including time, scope, funding, location and purpose, is consistent with any management plan, regulation, rule or policy applicable to the property involved; (4) The permit is in the best interest of the Government. (c) Only institutions, organizations or corporations organized for scientific, research, or land-use planning purposes may be issued a permit under this subchapter, and only after submitting a research plan that meets the standards established by the State Historic Preservation Officer regarding professional qualifications, techniques and methodology for recovery, analysis and dissemination of data, and proper conservation and permanent storage and documentation of specimens and records. (d) Permits may be issued for such periods of time as the Territorial Historic Preservation Officer deems appropriate. (e) The State Historic Preservation Officer shall establish rules and regulations for the issuance of permits under this section, and formulate uniform requirements and specifications to be included in the permit applications. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) The Government retains the exclusive right to and control over all historical, cultural and archaeological properties and archaeological specimens located on public lands and waters, including submerged lands. (b) The Government retains the exclusive right to and control over all historical, cultural and archaeological properties located on public lands leased to others. In all cases where such property is leased, it shall be subjected by covenant or otherwise to such rights of access for inspection, and other conditions or restrictions of operations, maintenance, repairs or restoration, alterations, or modifications as the State Historic Preservation Officer may prescribe for the purpose of protection and preservation of the property. (c) The Government reserves to itself the exclusive right and privilege to conduct or to permit qualified professional archaeologists to conduct field archaeological operations on properties owned by the Government in order to protect and preserve historical, cultural, and archaeological sites and objects, and scientific and educational information, and to retain to itself artifacts recovered under such permits. (d) Title to all objects, artifacts or specimens recovered under a valid permit from lands owned by the Government shall be in the Government. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337.

(a) No excavation or other similar activity may be undertaken until a permit is first obtained from the State Historic Preservation Officer. (b) All excavations, scientific investigations, recovery operations or data recording techniques shall be conducted under the general supervision of the State Historic Preservation Officer, and in such a manner as to maximize the historical, cultural, archaeological, architectural, scientific and educational information recovered and preserved. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337.

(a) Each Government agency having direct or indirect jurisdiction over a proposed governmental or government assisted or approved undertaking shall, in accordance with government policy and prior to the approval of the expenditure of any state funds for the undertaking, consider the effects of the undertaking on any historical, cultural or archaeological property that is included in, or eligible for inclusion in the Virgin Islands Registry of Historic Places. Each such agency shall afford the State Historic Preservation Office fifteen (15) working days to comment and make recommendations with regard to such an undertaking, and shall cooperate with the State Historic Preservation Office in the investigation, recording preservation, or mitigation of adverse impact upon such properties. Each Government agency shall, as early in the planning process as possible, consult with the State Historic Preservation Office to determine if its proposed undertaking will adversely affect any property listed in or eligible for listing in the Virgin Islands Registry or National Register. (b) Each Government agency shall immediately present to the State Historic Preservation Officer, both verbally and in writing, a full professional report citing the finding of any historical, cultural or archaeological property (including human burial sites or remains) discovered on lands belonging to the Government. (c) Each Government agency shall assume financial and administrative responsibility for the preservation of all historical, cultural and archaeological properties under its control, including appropriate regular maintenance, and shall exercise caution to ensure than any historic, cultural or archaeological property under its control is not advertently or inadvertently transferred, sold, significantly degraded, substantially altered, or destroyed. (d) All Government agencies shall comply in full with the requirements of the National Historic Preservation Act of 1966, as amended, and the "Standards and Guidelines for Historic Preservation," established by the Secretary of the United States Department of Interior, whenever they engage in any undertaking for which there is federal involvement. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337.

A historical, cultural or archaeological property which the State Historic Preservation Office has reason to believe may be worthy of preservation may be included in the Virgin Islands Registry of Historic Places on a temporary basis for not more than one (1) year, during which time the office shall investigate the property and make a determination as to whether it may be placed in the Registry permanently. If the property is on private land, the owner shall be immediately notified of the temporary classification. If at the expiration of one (1) year from the time the temporary classification was imposed, the owner is not notified of the office's decision, the temporary classification shall lapse, and shall not be renewed for at least five (5) years. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337.

(a) Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or his representative shall immediately notify the State Historic Preservation Office verbally and in writing. (b) Any person applying for an Earth Change permit in conformity with Title 12, chapter 13, Virgin Islands Code for commercial purposes on private land shall, at the time of the application, provide the State Historic Preservation Office with a copy of the application, and shall afford that office a reasonable time to consider the effect of the proposed undertaking on properties which are listed in the Registry. (c) If during its review of the application, the State Historic Preservation Office has reason to believe that the proposed undertaking will alter, disturb, destroy or otherwise adversely affect a property in the Registry, it may require the applicant to undertake, at the applicant's expense, a Phase I Cultural Resources Survey to determine whether any historical or cultural properties are present on the property. For purposes of this section, a Phase I Cultural Resources Survey is defined as a field and documentary investigation sufficient to locate, evaluate and determine the boundaries and significance of all archaeological, historical and cultural sites present on a given property. (d) In cases where the State Historic Preservation Office determines that a property that is listed in the Virgin Islands Registry of Historic Sites may be disturbed, altered, destroyed or otherwise adversely affected by the proposed undertaking, the office may recommend to the owner the procedure best calculated to ensure the preservation of the property. Such procedure may include, but not be limited to: (1) Providing technical assistance to the owner who is willing to restore, preserve and maintain the historical or cultural property; (2) Acquiring the property or an easement or other right therein by gift or purchase; (3) Acquiring the property for the Territory through eminent domain; (4) Conducting a field archaeological operation, as specified in this subchapter, that will scientifically investigate, document, analyze and record all historical or cultural properties and objects on the site to the maximum extent possible. (e) It shall be a violation of this subchapter for any person to remove, injure or destroy components of registered historical or archaeological landmarks or cultural properties situated on private property or controlled by a private owner without the owner's prior permission. Where the owner of a historical, cultural or archaeological property has submitted his acceptance in writing for the inclusion of that property in the Registry, the provisions of this subchapter shall apply to that property. (f) Nothing in this section shall be construed to prevent ordinary maintenance or repair of any existing feature in or on an archaeological or historical property on private land. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) Each human burial in the Territory, interred in any marked or unmarked site, is accorded the protection of law and shall receive appropriate and respectful treatment and disposition. (b) Any person who discovers a human burial site shall immediately cease any activity that may disturb that site or any object or artifact associated with it, and shall immediately report the discovery to the State Historic Preservation Office. The remains, objects, or artifacts discovered shall not be disturbed further without a permit from the State Historic Preservation Officer. (c) Upon notification of the discovery of a human burial site, the State Historic Preservation Officer shall notify the medical examiner responsible for the appropriate administrative jurisdiction in a timely manner. (d) It shall be a violation of this subchapter for any person to knowingly, willfully, and intentionally disturb, excavate, remove or destroy any human remains buried, entombed or sepulchered in the Territory, or knowingly, willfully and intentionally procure, direct or employ any other person to disturb, excavate, remove or destroy any human remains buried, entombed or sepulchered in the Territory; except by authority of a written permit issued by the State Historic Preservation Officer. (e) Within one (1) year after the effective date of this section, the State Historic Preservation Office shall adopt uniform and comprehensive rules relating to the reporting procedures, procedures to request permission to disturb human remains, and the standards to accompany the granting of permission to disturb human remains and burial sites. (f) If the human remains are on private property, and (1) The State Historic Preservation Office does not respond to a request for permission to disturb in a timely manner; or (2) The property owner rejects the response submitted by the State Historic Preservation Office; the property owner shall, at his own expense, re-inter with appropriate dignity all human remains, objects, and artifacts associated with the site in a location not subject to further disturbance, pending the approval and verification by the State Historic Preservation Office. (g) If the burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the State Historic Preservation Officer may cause a professional archaeologist to excavate the site and remove all objects, artifacts and human remains associated with the site for subsequent re-interment, following scientific study, at the expense of the applicant. (h) Re-interment shall be made within one (1) year of discovery, unless additional time is needed for scientific analysis. Approval for delay in re-interment must be granted in writing by the State Historic Preservation Officer. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the Territory, shall remain confidential unless the State Historic Preservation Officer certifies in writing that the dissemination of such information will further the purpose of this subchapter, and will not create a risk of loss of archaeological resources. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) It shall be a violation of this subchapter for any person to excavate with the use of mechanical earth- moving equipment or by manual means an archaeological site for the purpose of collecting or removing archaeological specimens when such archaeological site is on private land, including privately owned submerged land, in the Territory, unless such person has first obtained a permit for such excavation issued by the State Historic Preservation Officer pursuant to this section. (b) A permit may be issued under this section when: (1) The applicant submits written authorization for the excavation from the owner of the land; (2) The applicant furnishes satisfactory evidence of being qualified to perform such archaeological excavation by experience, training and knowledge as defined in this subchapter; (3) The applicant submits a satisfactory plan of excavation for the archaeological site and states therein the method by which such excavation shall be undertaken; and (4) The applicant agrees in writing that upon completion of the excavation, he will submit to the State Historic Preservation Office a complete report of the excavation, which shall contain relevant maps, documents, drawings, and photographs, together with a detailed description of the archaeological specimens removed as a result of such excavation. Failure to file the complete report shall be grounds for refusing the issuance of a future permit to such person. (c) All archaeological specimens collected or removed from the archaeological site as a result of the excavation shall be maintained according to the conditions outlined in the permit. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) Criminal penalties. Any person who knowingly, willfully and intentionally: (1) appropriates, excavates, injures or destroys or cause to be appropriated, excavated, injured or destroyed any historical, cultural or archaeological site, object, specimen, artifact, ruin, or feature situated in lands owned by the Government without a valid permit issued by the State Historic Preservation Officer, or who (2) violates any condition or provision of a valid permit issued by the State Historic Preservation Officer, upon conviction, shall be fined not less than $500 or more than $10,000 per day per violation, or be imprisoned for no more than one (1) year, or both, and shall forfeit to the Government all specimens, objects, material, vehicles and equipment associated with the violation. (b) Injunctive relief. The State Historic Preservation Officer, or any resident of the Virgin Islands, is authorized to commence a civil action for appropriate relief, including a permanent or temporary restraining injunction, for any violation or threatened violation of this subchapter. It shall not be necessary to first revoke any permit prior to seeking injunctive relief. Such action shall be brought in the Superior Court of the Virgin Islands, which shall have jurisdiction to restrain the violation and to order compliance. (c) Civil penalties. (1) Any person who violates any provision of this subchapter, or of any permit, rule, regulation, standard or order issued or promulgated hereunder, shall be subject to a civil penalty of not less than $100 nor more than $500 per day per violation. (2) Civil penalties charged pursuant to this subsection may be assessed administratively by the State Historic Preservation Officer if the person charged has been given an opportunity to have a hearing, and the State Historic Preservation Officer made findings of fact and conclusions of law in making the civil assessment. The State Historic Preservation Officer may promulgate rules and regulations to implement this section. (d) All funds, fines or proceeds from forfeitures collected under this section shall be deposited in the Archaeological Preservation Fund, established in section 963 of this subchapter. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

(a) There is hereby established as a separate and distinct fund within the Treasury of the Virgin Islands, a special fund designated "The Archaeological Preservation Fund." The Commissioner of Finance shall maintain and provide for the administration of this fund, and no monies shall be made available for expenditure therefrom except as provided in this section. (b) The Archaeological Preservation Fund shall be composed of: (1) Fees and fines collected pursuant to this subchapter; (2) Public or private monetary grants, gifts, donations, or bequests; and (3) All sums appropriated thereto, from time to time, by the Legislature. (c) Monies shall be disbursed from the Archaeological Preservation Fund by the Commissioner of Finance, upon authorization by the State Historic Preservation Officer, to carry out the duties and mandate of this subchapter. History: Added May 29, 1998, No. 6234, § 1, Sess. L. 1998, p. 337; amended June 14, 2018, No. 8054, § 1(b), Sess. L. 2018, p. 81.

This subchapter may be cited as "The Preservation of Historic Government Collections Act." History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 81.

There is established within the Department of Planning and Natural Resources, the position of Curator of Government Collections. The Commissioner of the Department of Planning and Natural Resources shall consult with the Virgin Islands State Historic Preservation Office ("Historic Preservation Office") to determine the qualifications of the individual before hiring. The Curator must at all times comply with the Code of Ethics for Curators as adopted by the American Alliance of Museums. The Curator shall assemble, catalog, manage, and present fine and decorative art collections and the manuscripts and documentary materials housed in government owned and operated museums, and Government Houses of the Virgin Islands. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 81.

As used in this subchapter: "Decorative arts" means superior examples of furniture, silver, ceramics, glass, textiles, and miscellaneous domestic works that represent the changing styles and fashions preferred by the various first families during their occupancy of Government House. "Fine Arts" means superior examples of Virgin Islands paintings, sculpture, prints, drawings, and watercolors that portray the life, the times, the beauty and wonders of the Virgin Islands, the cultural heritage, and the individuals who have guided the history of our Virgin Islands. "Government House" means the official residence of the Governor, as provided in § 11 of the Revised Organic Act of Virgin Islands, and other government buildings assigned as a residence for the Governor or Lieutenant Governor, including those at Estate Catherineberg, St. Thomas and Sion Farm, St. Croix. "Works" or "Works of art" means fine arts, decorative arts or manuscripts and documentary materials, individually, collectively, or any combination depending on the context. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 81, 82.

(a) There is established within the Office of the Governor the Committee for the Preservation of Government House Collections for the purpose of establishing, maintaining, supervising, preserving and conserving the collection and exhibition of fine and decorative arts, objects, and such relies, documents, paintings, furnishings, artifacts and other historical and related materials. (b) The Committee is comprised of eight members. The members are as follows: (1) The Director of the Virgin Islands Council on the Arts or another qualified member of the Council on the Arts; (2) The Deputy State Historic Preservation Officer; (3) The Territorial Archivist; (4) The Curator; (5) The Commissioner of the Department of Planning and Natural Resources, or a qualified designee; (6) The Commissioner Property and Procurement, or a qualified designee; (7) The Director of the Virgin Islands Museum of Fine Arts; and (8) A historian appointed by the Governor. (c) The Committee shall elect a chairperson from among its members for a four-year term. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 82.

The Curator has the charge and custody of and is responsible for the works of art and inventory of items included in the Government House Collections. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 82.

The Committee shall establish an Executive Residence Account. Monies from the account must be used for the acquisitions, maintenance, storage, renovations and restorations of works of art. The Executive Residence Account is funded from the budget of the Department of Property and Procurement as appropriated by the Legislature, private donations and appropriations made by the Legislature of the Virgin Islands. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 83.

The Committee shall develop and adopt standards for acquisitions and removal of works of art. Works of art may be acquired for collection by purchase, gift, bequest, or loan. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 83.

When appropriate and extraordinary works come up for sale at auction, the Curator shall consult with the members of the entire Committee and a preservation or conservation professional, if necessary. The decision to acquire a work at auction must be unanimous between the chairperson, a Committee member and the Curator. If a unanimous decision cannot be reached, the proposal may be forwarded to the full Committee for consideration, and an acquisition may be had on a simple majority vote of the Committee. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 83.

(a) Unless otherwise approved by the Committee, only unrestricted gifts may be accepted. (b) The gift must be accepted and acknowledged in accordance with procedures established by the Office of the Governor and the Committee. (c) Major donations, as defined by the Committee, merit a thank you letter from the First Lady, the Governor, or from both. (d) The Curator, with the concurrence of the Governor and the Chairperson of the Committee, may purchase or accept a gift without full committee approval if its value does not exceed $5,000. (e) Donated works at Government House for study, evaluation, or on loan must be appraised. (f) When articles of furniture, fixtures or decorative art have been declared of historic or artistic interest in accordance with the standards adhered to by the Historic Preservation Office and have been properly acquired by the Historic Preservation Officer, the works are considered inalienable and become the property of Government House and the Virgin Islands Government. These works must be maintained, stored, displayed, or used in a Government-owned building or property and are never to be stored, displayed, or used in a private residence, building, or structure. (g) All works accessioned into the Government House Collection fall under the jurisdiction of the Committee and are governed by this subchapter. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 83, 84.

(a) The Committee shall maintain a complete and accurate record of all works of art. The record must include a completed acquisition catalogue form, containing a bill of sale or donation documents, correspondence, bibliographic references, photographs of related works, copies of appraisals, photographs, and any other information regarding the work. (b) At the beginning of each year, the Curator, the Commissioner of the Department of Planning and Natural Resources or the Commissioner's designee: the Commissioner of Department of Property and Procurement, or the Commissioner's Designee; and the Deputy State Historic Preservation Officer shall conduct a comprehensive inventory of the works. Each piece of work must be described in detail, to include information regarding its condition, its location and any other relevant information. The information must be recorded in the computer files at Property and Procurement, Government House, and Historic Preservation Office. The Curator shall conduct a physical inspection to verify that the listing and the physical inventory are reconciled. (c) Upon an advance request and prior approval by the Curator, students from public and private schools and students actively enrolled in colleges and universities may be allowed access to study or examine specific works in the Government House Collection. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 84.

It is unlawful to reproduce or copy works of art for personal use or commercial sale, except for educational materials and items such as prints, note cards and postcards produced by Government House, the Division of Libraries and Archives, and the Historic Preservation Office. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 84.

(a) The decision to borrow or loan a work must be approved by a majority vote of the Committee, but if the Curator sits on the Committee as the chairperson, then the Archivist shall vote instead of the chairperson. If there is not unanimity in the decision, then the decision must be referred to the Committee for a majority vote. (b) The Curator must provide a written report about the condition of the work and submit it to the Committee and the lending institution prior to the loan of the work. A condition report must be prepared when the work is loaned and when it is returned to Government House. The reports become part of the work's permanent file. If a work is received on loan from an individual or private institution, at the request of the lender, Government House shall insure the work under a fine arts risk policy in an amount agreed to by the lender and the Committee. (c) Government House shall accept only permanent or indefinite loans from public institutions, but the Governor or the First Lady may accept as a personal loan works of art for their living quarters within Government House. (d) Works from Government House may be loaned with the approval of the Curator and a majority vote of the Committee. An exception may be made for libraries for special exhibitions. A request for a loan of a work of art from Government House must be made in writing at least six months before the works is expected to leave Government House. The borrowing institution must submit a plan detailing its ability to properly display, store, and manage the work for the Curator to review. (e) All works loaned by the Committee must be insured under an all risks policy or a fine arts policy that insures the work while in transit and on exhibit in an amount to be determined by Government House and the Department of Property and Procurement. (f) The Curator must approve the method of presentation, security, transportation and carrier. The borrowing institution must pay the cost for packing and transportation and must submit annual condition reports to the Curator. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 84, 85.

(a) Any damage to a work of art in the Government House must be reported immediately to the Curator and State Historic Preservation Office on a form indicating the date the damage occurred, a description of the damage, and photographs of the areas of damage. No repairs to Government House works may be made without prior approval of the Committee and Office of Historic Preservation. (b) Conservators selected to repair or restore Government House works of art must comply with the code of ethics and the standards of practice of the American Institute of Conservation. (c) The Committee shall establish a natural disaster plan and purchase an adequate hazardous insurance policy that includes coverage for the removal and storage of the Government House Collectibles. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 85.

(a) The Curator shall create a textile policy, which at a minimum must include, but not limited to textiles, draperies and fabrics. (b) The Curator shall store textiles, including draperies and fabrics. (c) A written and photographic record must be compiled of all draperies in storage which were used in Government House. The record must be cross referenced by room, and, when possible, by the administration and include: (1) the name of the room where the draperies were used; (2) date of installation; (3) the date of removal of drapery from the room; (4) a description of the fabric; (5) the dimensions of each panel or valance; and (6) the name of manufacturer of the fabric, if known. (d) After each annual inventory, a list of draperies and fabrics that are to be discarded must be completed by the Curator. The Curator may destroy any fabric, but must keep a written record of all fabrics destroyed. (e) All draperies and one valance must be kept in storage for a duration of time to be determined by the Curator. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 85, 86.

(a) The Curator, the Commissioner of the Department of Planning and Natural Resources, or the Commissioner's designee: the Commissioner of Property and Procurement, or the Commissioner's designee, and the Deputy State Historic Preservation Officer shall approve the disposal of works of art when the Committee has determined that they are no longer usable. (b) The chairperson, in conjunction with the Curator and the Historic Preservation Officer, shall approve the disposal of works of arts of a historic nature or of significant community or monetary value that are broken, beyond repair, or may be damaged. (c) Written records, to include date of removal, the reason, the name of the person authorizing the removal, and photographs must be kept of all disposed works. History: Added June 14, 2018, No. 8054, § 1(c), Sess. L. 2018, p. 86.

The Legislature hereby finds and declares that: (a) there exists in localities throughout the territory, areas of historical significance that once experienced commercial and trade activity, but due to the general economic downturn are in need of economic and physical revitalization; (b) these areas having been proclaimed by Executive Order as Enterprise Zones include blighted areas (as defined in section 1003 of this Title) that have displayed high levels of unemployment, physical deterioration, and economic disinvestment; (c) the existence of such areas tarnishes the image and reputation of the territory in the eyes of its residents and visitors alike, reduces the desirability of these areas as places to visit, work and live, and substantially impairs the sound growth of communities and business enterprises within these areas; (d) the revitalization and redevelopment of these areas for the ultimate benefit of its residents and the territory as a whole is of critical importance; (e) the resources of the Government alone, without the aid provided in this chapter, are insufficient and often inappropriate, to successfully undertake the massive task of restoring the social and economic productivity of such areas; (f) the revitalization of these areas can only occur if the private sector can be induced to invest its own resources in productive enterprises that will ultimately rebuild the commercial viability of these areas and provide jobs for their residents; (g) in order to provide the private sector with the necessary incentives to invest in these blighted areas, the Government should seek ways to relax or eliminate fiscal and regulatory constraints and should seek to identify supportive actions that facilitate business investment in these blighted areas; (h) the elimination of conditions of blight is vital to the economic and physical rehabilitation of these Enterprise Zones; and (i) all powers conferred by this chapter are for public uses and purposes for which public money may be expended and such other powers exercised, and the necessity in public interest for the provisions of this chapter is declared as a matter of legislative determination. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

(a) It is the policy of the territory to provide the necessary means to assist local communities, their residents, and the private sector in creating the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed Enterprise Zone areas and to provide jobs for the residents of such areas. In achieving this objective, the territory will seek to provide appropriate investments, tax benefits, and regulatory relief of sufficient importance to encourage the business community to commit its financial participation. (b) The purpose of this chapter is to establish a process that provides incentives by the Government to induce private investment in Enterprise Zone areas by removing unnecessary governmental regulatory barriers to economic growth, and to provide tax incentives and economic development program benefits. (c) The Legislature, therefore, declares the revitalization of Enterprise Zone areas, through the concerted efforts of Government and the private sector, to be a public purpose. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

As used in this chapter, unless a different meaning is clearly indicated by the context: (1) "Area of Operation" or "Enterprise Zone" means the total area within the Territory that has been declared an enterprise zone as designated by law or pursuant to a proclamation or executive order issued by the Governor, which proclamation or order shall include a detailed legal description of the additional area to be included in the specific Area of Operation or Enterprise Zone. The Area of Operation or Enterprise Zone includes areas that have been so designated prior to the effective date of this legislation. (2) "Blighted Area" means that portion of an Enterprise Zone that is determined by the Enterprise Zone Commission to be a social or an economic liability to such Enterprise Zone because of one or more of the following conditions: (a) Dwellings therein that are substandard, unsafe, unsanitary dilapidated or obsolescent, or are so lacking in light, air or space, as to be conducive to unwholesome living; (b) Buildings therein that were previously used for commercial, manufacturing or industrial-purposes are no longer being used for such purposes and have been either abandoned or have fallen into such a great state of disrepair as to be untenantable; (c) Unimproved vacant land therein that has been unimproved for a minimum period of 10 years prior to the date of the resolution as provided in section 1010 of this title herein and is not likely to be developed through private capital by reason of its (1) location, (2) remoteness from developed sections of such Enterprise Zone, (3) lack of means of access to such other parts thereof, (4) topography, or (5) nature of the soil; (d) Areas that are detrimental to the safety, health, morals, or welfare of the residents of, persons working in, or visitors to the Enterprise Zone because of the existence of buildings that are dilapidated, obsolete, deteriorated, overcrowded, have faulty designs, have inadequate accessibility, lack ventilation, light or sanitary facilities, have excessive land coverage, demonstrate deleterious land use, have an obsolete layout, have a defective or inadequate street layout, or have a combination of these factors; (e) Potentially useful areas are not properly productive to serve the public health, safety and welfare, in whole or in part, because of title issues, diverse ownership of the real property therein; the existence of properly tax or special assessment delinquencies that exceed the fair market value of the land, or the existence of conditions (including fire hazards) that endanger life or property. (f) Substantial property tax arrearages exist for commercial or residential structures. (g) Substantial losses of businesses or jobs have occurred. (3) "Community" means any neighborhood within the enterprise zone. (4) "Conservation" means the preservation of an area or section of community and supervision and care of such area or section to prevent the occurrence or spread of conditions of blight. (5) "Enterprise Zone Business" means any individual, partnership, corporation, limited liability company, proprietorship or other business granted benefits pursuant to this chapter. (6) "Enterprise Zone Commission" means a public body created pursuant to section 1004 of this title. (7) "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or sued in connection therewith, and every estate, interest and night, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (8) "Rehabilitation" means the reconstruction, alteration or repair of improvements, structures and buildings, in accordance with the requirements of the Virgin Islands Building Code, and other laws and rules or regulations pertaining to building, fire prevention, health, housing, and zoning and also the use of land, and the use and occupancy of buildings and improvements. (9) "Resident of the Virgin Islands" means: (a) any United States citizen currently domiciled in the Virgin Islands for one (1) year or more; or (b) the holder of an alien registration receipt card (United States Department of Justice Form No. 1- 151) domiciled in the Virgin Islands for one (1) year or more. (i) A person shall demonstrate that he has been a resident for one (1) year or more for the purposes of this chapter using the date of issuance information from a W-2 form, a voter registration card, a permanent resident card, a Virgin Islands driver's license, or other methods as provided by the Economic Zone Commission pursuant to its authority under section 1007(9) of this title hereof. (c) A person who has attended a school in the Virgin Islands for at least five years or more, or is a graduate of a Virgin Islands high school, or of the University of the Virgin Islands, and is registered to vote in the Virgin Islands. (10) "Enterprise Zone Commission Staff" means the staff of the Enterprise Zone Commission to assist with the promotion, marketing, and development of enterprises within the Enterprise Zone. (11) "Commercial Zone" means the total area within the Territory which has been declared a commercial zone pursuant to a proclamation or executive order issued by the Governor or pursuant to a resolution issued by the Enterprise Zone Commission approved by the Governor, and which includes a detail legal description of the area to be included in the specific Commercial Zone. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Sept. 20, 2010, No. 7197, § 1(a), Sess. L. 2010, p. 181; amended May 16, 2014, No. 7589, § 3, Sess. L. 2014, p. 36.

(1) There is created a public body to be known as the Enterprise Zone Commission. The Commission shall be within, and shall constitute a subsidiary entity wholly administered and operated by the Economic Development Authority established in title 29, chapter 21, Virgin Islands Code; and (2) The Commission shall be organized as a committee of the Economic Development Authority and shall be composed of five members of the Economic Development Authority Board of Directors established under this title as appointed by the Chairman of the Economic Development Authority. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Feb. 21, 2002, No. 6503, § 8, Sess. L. 2002, p. 270.

Appointed members of the Commission shall receive compensation of $75 per day while attending Commission meetings, plus necessary expenses incurred thereby. However, only one payment of $75 per day will be made when an appointed member attends meetings of both the Historic Preservation Commission and the Enterprise Zone Commission. Each commissioner shall hold office until a successor has been appointed and has been qualified. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Sept. 20, 2010, No. 7197, § 1(b), Sess. L. 2010, p. 181.

Commissioner Four (4) of the commissioners shall constitute a quorum of the Commission for the purpose of conducting business and exercising the powers of the Commission and for all other purposes. The Board may act upon a vote of a majority of the commissioners present, unless the bylaws or rules and regulations of the Commission shall require a larger number. The Board shall promulgate bylaws for its operations. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

The Commission, either directly, or through its staff, shall have the following powers and duties: (1) Develop application procedures for demonstrating compliance with section 1011 of this chapter and for obtaining the benefits set out under section 1012 of this chapter, which may or may not include mandatory public hearings at the discretion of the Commission; (2) Review all applications (including financial records) for benefits as provided in section 1014 of this chapter, and grant the necessary certificates; (3) Oversee and monitor the implementation of this chapter; (4) Determine compliance of the beneficiaries with the provisions of this chapter and all regulations promulgated hereunder, and report such findings at least annually to the Governor; (5) Actively promote and publicize the Enterprise Zone Program, including preparing, purchasing, and distributing by mail, the internet, or other means, materials concerning Enterprise Zones; (6) Provide technical and business assistance related to tax incentives and the development of alternative revenue sources to businesses and residents within each Enterprise Zone; (7) Coordinate Federal and Territorial business assistance programs and streamline permit or license application procedures for businesses located in Enterprise Zones in cooperation with the appropriate Federal and Territorial departments or agencies; (8) Work with the appropriate Federal and Territorial departments or agencies to coordinate the Enterprise Zone Program with other programs carried out in the territory, including without limitation, housing and economic development programs, programs providing financial and other assistance to small businesses, programs providing transportation assistance, and job training programs; (9) Apply (or work with beneficiaries of the Enterprise Zone Program to apply) for Federal and Territorial grants, loans, and services that can benefit businesses in an Enterprise Zone; (10) Monitor enterprises that are established in or relocate to an Enterprise Zone and that qualify for the incentives provided for in section 1014 of this chapter; (11) Make and execute contracts, and all other instruments desirable, convenient or necessary for the exercise of its powers and functions under this chapter; (12) Contract with any department, agency, or instrumentalities of the Government of the Virgin Islands or with any person, firm, partnership, corporation, or other entity to operate or manage the Virgin Islands South Shore Trade Zone; (13) Contract with any department, agency, or instrumentality of the Government of the Virgin Islands or with any person, firm, partnership, corporation, development company or other entity to monitor the Enterprise Zone projects' progress and compliance with their respective plans and agreements; (14) Contract with any agency, company or other entity registered with the Division of Corporations and Trademarks which has and expertise in financial feasibility analysis and experience in management of developments similar in type and scope to the project to be operated, managed, or monitored; (15) Acquire real property by grant, gift, purchase, devise or bequest, and hold, lease mortgage and otherwise exercise the rights of ownership of property, and dispose of such property, including by sale, lease or other disposition of such property to any person or entity, including the Government of the Virgin Islands, or any agency, instrumentality, commission, authority or political subdivision of the Virgin Islands; (16) Acquire any property in the settlement or reduction of debts previously contracted or in exchange for investments previously made in the course of its business, where the acquisition is necessary to minimize or avoid loss in connection therewith, and to hold such property for such periods as the Commission may consider advisable and exercise the rights of ownership of and to dispose of the property; (17) Accept funds, properties, or financial assistance of any nature, from any person, or public or private entity, and accept and comply with the conditions attached to the financial assistance; (18) Establish reasonable administrative fees; (19) Assess, in addition to the application fees and annual compliance fees against an applicant or Beneficiary any extraordinary costs and expenses incurred to process the application or monitor the performance of the terms and conditions of its Certificate, including costs for the services of outside consultants necessitated by the application or the compliance investigation; (20) Act as a link between local and international markets promoting commercial trade of goods and services between the Virgin Islands, the United States and the rest of the world and promote and market Virgin Islands goods and services in the United States and abroad; (21) Make recommendations to the Department of Public Works or Office of Highways and Motor Vehicles, as applicable, with respect to the planning, re-planning, opening, dedicating, creation or closing of private or public streets, roads, roadways, alleys, sidewalks and other rights of way in compliance with applicable regulations, and provide, or contract with the Government of the Virgin Islands or any other department, agency or instrumentalities or others for the providing any public facilities or services, including local transportation facilities in connection with a Virgin Islands South Shore Trade Zone project; (22) Prepare and submit annual reports, including a summary of the proceedings of the Commission, to the Board containing data regarding all Enterprise Zone Designations outstanding, and Beneficiaries in the district; (23) Prepare and promulgate such rules and regulations as may be necessary to complement the provisions of this chapter, such rules and regulations shall have the force and effect of law upon approval by the Governor; and (24) Perform such other acts and functions appurtenant to its authority as may be required by the Governor. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Oct. 26, 2020, No. 8376, § 2(a)-(c), Sess. L. 2020, p. 187, 188.

At the beginning of each fiscal year, the Commission shall file with the Governor and the Legislature a detailed report of its activities for the preceding fiscal year and make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out this chapter. In the preparation of the annual report, the Commission shall utilize the staffs and resources of the Historic Preservation Commission and the Bureau of Economic Research to the extent necessary. The written report shall set forth: (a) Its operations and accomplishments during the preceding fiscal year; (b) The progress of the implementation of the strategic plan; (c) The number and type of businesses assisted, located and retained in the Enterprise Zones; (d) The number of jobs created within the Enterprise Zones during the preceding fiscal year; (e) The usage and revenue impact of incentives granted during the preceding calendar year; (f) An evaluation of additional incentives that could be offered by the Government to revitalize the Enterprise Zones; (g) A review of local resources that are available and could be targeted toward revitalizing economic conditions of the Enterprise Zones; (h) The dollar value of Enterprise Zone tax credits that are claimed each year by Enterprise Zone businesses; (i) A cost benefit analysis of the Enterprise Zone Incentive Program; and (j) Any other relevant action by the commission as it may deem necessary. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

(1) The Commission shall, at least annually, make a determination as to whether one or more blighted areas exist in an Enterprise Zone and whether the rehabilitation, conservation, re-development, or a combination thereof of the area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents, and the economic viability of such Enterprise Zone or Zones specifically and the Territory of the Virgin Islands generally. (2) Upon such a determination, the Commission shall report and recommend to the Attorney General that the area or areas be condemned and/or rehabilitated in accordance with the provisions of Title 28, chapters 19 and 20, Virgin Islands Code, or such other action consistent with the goals of this chapter. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

The Commission shall not adopt a resolution pursuant to section 1009 this chapter unless it finds that one or more blighted areas as defined in section 1003 of this chapter exist in one or more Enterprise Zones, and the re-development of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents, and the economic viability of such community. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

(1) In order to qualify and remain eligible for benefits provided under this chapter, an applicant must fulfill the following specific qualifications and requirements: (a) Establish or continue to maintain a business with a valid business or project in the case of an owner-occupied residence license or be an owner-occupied residence within an Enterprise Zone; (b) Invest at least $10,000, or invest an additional amount of $10,000, in a business or project in the case of an owner-occupied residence that will advance the economic well being of the Enterprise Zone. The fair market value of all equipment leased for a term of at least five years shall be included in determining compliance with the investment requirement. In determining the amount of the investment undertaken by the applicant for purposes of this subsection, the assessed value of land and previously existing buildings (as assessed for tax purposes) used in the business shall be included only to the extent that it does not exceed twenty percent (20%) of the investment undertaken; however, this provision shall not apply to any business of a nature in which investment in land and alteration and/or improvement thereof represents its primary investment factor. The minimum investment required by this section may be reduced, if the Commission finds that the proposed business will provide sufficient employment or Justify the lower investment. (c) In the case of a natural person be a resident of the Virgin Islands as defined in section 1003(9) of this chapter. (d) Be the actual investor in the Enterprise Zone and not a contractor, subcontractor, person or corporation acting as an agent or representative in a similar capacity to the investor; (e) Meet such standards of ecological compatibility as may be established by Federal and/or Territorial law. (f) Employ at least two (2) residents of the Virgin Islands in such business directly or through subcontractors or, for existing businesses, add at least two (2) new employees who are residents of the Virgin Islands. The Commission may waive this requirement upon a demonstration to the Commission that the employment of this number of persons in this particular enterprise would not be economically feasible or practical, and upon a further finding by the Commission that the desirability of the proposed enterprise outweighs the fact that it will not provide employment for a least two residents, or for two additional residents, as appropriate. (g) Comply with all Federal and Territorial laws, including anti-discrimination and wrongful discharge laws. (h) For any applicant who proposes to do business on land adjoining any beach or shoreline of the Virgin Islands, agree to grant to the Government of the Virgin Islands a perpetual easement upon and across such land to the beach or shoreline to provide free and unrestricted access thereto to the public, which easement shall be duly recorded in the Recorder of Deeds upon the designation of the business as an Enterprise Zone Business. (i) Agree in writing to notify the Virgin Islands Employment Service in writing as to the availability of employment by the business or its subcontractors, the number of employees required, the occupational classification of such workers, and the applicable wage rate. (j) File copies of gross receipts tax returns, property tax returns, and income tax returns with the Enterprise Zone Commission, which returns shall be confidential information and shall not be released by the Enterprise Zone Commission except as provided under Title 33, Chapter 21, section 822, Virgin Islands Code, for gross receipts and property tax returns, and under section 6103 of the Internal Revenue Code of 1986, as amended, as applicable to the Virgin Islands, for income tax returns. (2) In the case of a Virgin Islands or foreign corporation, partnership, limited liability company, or other entity, be in compliance with any applicable Federal and Territorial statutes and any rules or regulations promulgated under this chapter. (3) The Commission may not require an applicant to meet qualifications or requirements in addition to the requirements set out in this subsection as a condition of designating the applicant as an Enterprise Zone Business. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Sept. 20, 2010, No. 7197, § 1(c), (d), Sess. L. 2010, p. 181.

(1) Any business granted benefits pursuant to this chapter shall agree in writing to employ, and to require all contractors retained by the business to employ persons who are residents of the Virgin Islands. (2) Any business granted benefits pursuant to this chapter shall similarly agree, and must require all contractors retained by the business to agree, to contract for services with and purchase goods, materials and supplies from those persons who are residents of the Virgin Islands and those entities that are incorporated or registered under the laws of the Virgin Islands, and who are duly licensed to do business in the Virgin Islands and have been so duly licensed for at least one year prior to the initial date of any such purchase, contract, or subcontract, provided that the bid of such resident or entity does not exceed the bid of any nonresident person or entity by more than fifteen percent (15%). Each Enterprise Zone business and all contractors and subcontractors of such business must invite competitive bidding for all services, goods, and materials pursuant to the publication requirements of Title 31, Chapter 23, section 236, Virgin Islands Code, and must apprise each bidder in writing of the name of the successful bidder and the amount of his bid within thirty (30) days after awarding the bid. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

(1) Beneficiaries of the Economic Development Program in Title 29, Chapter 12, Virgin Islands Code, shall not be eligible to be designated as Enterprise Zone Businesses nor to receive benefits authorized pursuant to the provisions of this chapter. (2) An individual or entity that was formerly a beneficiary of the Economic Development Program can, however, apply for benefits as an Enterprise Zone Business, and a current beneficiary of the Economic Development Program can apply for benefits as an Enterprise Zone Business and terminate its benefits under the Economic Development Program as of the effective date of its benefits as an Enterprise Zone Business. (3) An Enterprise Zone Business can similarly apply for benefits under the Economic Development Program and, upon the receipt of such benefits, elect to terminate its benefits under the Enterprise Zone Program as of the effective date of its benefits under the Economic Development Program. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88.

(1) Each Enterprise Zone Business shall qualify for the following tax credits and tax benefits: (a) A nonrefundable gross receipts tax credit or an income tax credit equal to twenty-five percent (25%) of the actual value expended within a fiscal year for construction of a new building within the Enterprise Zone; (b) A nonrefundable gross receipts tax credit or an income tax credit equal to twenty-five percent (25%) of the actual value expended within a fiscal year for rehabilitation of buildings or other real property within the Enterprise Zone; (c) A nonrefundable gross receipts tax credit or an income tax credit equal to ten percent (10%) of the expenditures within a fiscal year for investment in machinery and equipment for exclusive use by the Enterprise Zone Business; (d) A gross receipts tax rate of three percent (3%) for gross receipts derived by the Enterprise Zone Business, pursuant to Title 33, Chapter 3, section 43, Virgin Islands Code; (e) A one-time nonrefundable $500 income tax credit for every job created within the Enterprise Zone for which a resident of the Virgin Islands as defined in section 1003 herein is hired, which credit shall be taken for the fiscal year in which the resident is hired; (f) A property tax credit against taxes imposed pursuant to, Title 33, Chapter 81, section 2301, Virgin Islands Code, equal to the increase in property taxes assessed due to renovation, rehabilitation, or construction of property within the Enterprise Zone. (2) (a) Each enterprise zone business may qualify for the following nonrenewable tax benefits for a period of five years for eligible activities based on the town plan adopted by the Enterprise Zone Commission for the respective Enterprise Zone: (1) An income tax credit of 90 percent; (2) An exemption from gross receipts of 100 percent; and (3) An exemption from property taxes of 100 percent. (b) To quality and remain eligible for benefits under this paragraph, the applicant must agree in writing to or continue to maintain a business within an Enterprise Zone for a period of ten years from the first date of receipt of benefits under this paragraph. (c) The benefits program under this paragraph expires eight years from the date the Commission adopts the town plans. (3) The Enterprise Zone Business must indicate for the fiscal year that an expenditure is made whether it is taking the gross receipts or the income tax credit pursuant to subsections (a), (b), and (c) for such expenditure. (4) Any credit derived by an entity that is not taxable at the entity level, such as a limited liability company, partnership, or Subchapter S corporation, shall flow through to its owners as long as they are residents of the Virgin Islands as defined in section 1003 herein. (5) Only expenditures incurred over a consecutive five-year period can give rise to tax credits under this chapter, and each Enterprise Zone Business can elect the commencement date of such five-year period. An Enterprise Zone Business can elect a commencement date for expenditures of up to two years prior to the date that the Enterprise Zone Business has been granted benefits under this chapter. The benefits can be taken over a period (Benefit Period) of up to ten years. (6) The property tax benefit and the reduced gross receipts tax rate will apply for the benefit period. (7) Each Enterprise Zone Business must obtain and maintain a valid license to conduct business in the territory for each year in which it receives tax benefits under this section, and if for any reason an Enterprise Zone Business does not have a valid license in place for one or more years, it will not be entitled to the tax benefits under this section without further action on the part of the Enterprise Zone Commission. (8) Any duly licensed bank or other financial institution doing business in the territory shall be entitled to a reduction in its income tax liability for up to five years per loan, equivalent to the percentages set forth in the table in subsection (9) of this section, of the income taxes incurred to the Virgin Islands by such duly licensed bank or other financial institution that are attributable to interest received on loans granted to Enterprise Zone Businesses at below-market rates. The proceeds of such loans must be utilized exclusively by the Enterprise Zone Business within one or more Enterprise Zones, and the Enterprise Zone Business must so represent in writing to the bank or other financial institution as a condition for receipt of the loan. If a loan is extended for more than five years to an Enterprise Zone Business, the benefits of this subsection shall apply only to interest received in those years that the borrower is an Enterprise Zone Business within the meaning of section 1003(5) of this chapter. (9) The reduction in income tax liability established for duly licensed banks and other financial institutions described in subsection (8) of this section shall be as follows: (A) Year one .................... 90% (B) Year two .................... 70% (C) Year three .................... 50% (D) Year four .................... 30% (E) Year five .................... 10% (10) (a) The owner of real property located within a designated Blighted Area that is reconstructed, rehabilitated or upgraded to accommodate either a business or a residence shall receive a property tax credit of 100% of the property taxes authorized under title 33, chapter 81, of this code, beginning on the date of finance closing and shall continue for one and one half (11/2) the financing period, not to exceed a total of five (5) years. In the event the reconstruction, rehabilitation or upgrading is not completed within five (5) years, except where the delay is caused by an act of God, the owner shall become liable for all property tax credits which were received If the reconstruction, rehabilitation or upgrading is fully funded by the property owner, the tax credit shall commence on the date a Certificate of Occupancy is issued by the Department of Planning and Natural Resources. (b) At the expiration of the initial property tax credit period, the owner shall be eligible to receive a property tax credit of 25% of the property taxes paid for an additional five (5) years if the property continues to be maintained in a habitable condition. (11) The Virgin Islands Bureau of Internal Revenue shall issues rules and regulations for the administration of subsections (1)(a) through (e), (3), (4), (5), (7), (8), and (9) of this section; and, the Office of the Tax Assessor shall issue rules and regulations for the administration of subsections (1)(f) and (10) of this section. History: Added Sept. 14, 1999, No. 6294, § 2, Sess. L. 1999, p. 88; amended Oct. 6, 2000, No. 6360, § 19, Sess. L. 2000, p. 132; Sept. 20, 2010, No. 7197, § 1(e)(1)-(3), (f), Sess. L. 2010, pp. 181, 182; amended May 16, 2014, No. 7589, § 4, Sess. L. 2014, p. 36.

Savanne-Down Street and Garden Street-Upstreet in Charlotte Amalie, St. Thomas and the Towns of Christiansted and Frederiksted in St. Croix are designated as Enterprise Zones, as defined in section 1003(1) of this title. The South Shore in St. Croix is designated the Virgin Islands South Shore Trade Zone as defined in subsection (e). (a) The boundary of the Savanne-Down Street Enterprise Zone begins at the eastern end of Trompeter Gade where it intersects Nye Gade, thence west along Trompeter Gade crossing Raadets Gade and continuing to Snegle Gade, thence west along Snegle Gade to Bjerge Gade, Dronningens Quarter, thence north along Bjerge Gade to the pedestrian alley, thence west along the pedestrian alley to Nordsidevei, thence north along Nordsidevei to the southeast property line of 16 Agnes Fancy, thence north along the west property line of 16 Agnes Fancy, thence west along the north property lines of 2 & 1 Inte Gade, 26E & 26D Vester Gade, thence south along Vester Gade to Antony Strade, thence across the gut to Jessegors Gade, thence west along Jessegors Gade to Larke Gade, thence south along Larke Gade to Savanne Street, thence west along Savanne Street to Gyllings Street, thence north along Gyllings Street to Hill Street, thence south along Hill Street to Gamble Nordsidevei, thence south along Gamble Nordsidevei to Prindsesse Gade, thence west along Prindsesse Gade to Nye Nordsidevei, thence north along Nye Nordsidevei to Haabets Gade that runs west to east, thence west along Haabets Gade to Haabets Gade south to north, thence south to the north east comer of Anna's Fancy 1, thence west along the north property lines of 1, 6, 7, 8, 14, 15A, 20 21, 24, 25, 28, and 29 Anna's Fancy, thence south along the west property line of 29 Anna's Fancy, thence east along Harwood Highway and Kronprindsens Gade to Strand Strade, thence south along Strand Strade to Curacao Gade, thence east along Curacao Gade to Guttets Gade, thence north along Guttets Gade to Wimmelskafts Gade, thence east along the north side of Wimmelskafts Gade to Nye Gade, thence north along Nye Gade to the point of beginning. (b) The boundary of the Garden Street-Upstreet Enterprise Zone begins at the southeast corner of 24DDD Norre Gade, thence along the eastern property line of 24DDD Norre Gade, thence continuing along the western side of Frederiksberg Gade, thence across Norre Gade to the southwestern corner of 1 Frederiksberg Gade, thence north along the western property line of 1 Frederiksberg Gade, continuing north along the western property line of 1A Kongens Gade, thence east along the north property line of 1A Kongens Gade, thence north along the west property line of Kongens Gade 1A continuing to Dronningens Gade, thence east along the northern side of Dronningens Gade to the south east corner of 74 Dronningens Gade, thence north to Hospital Line, thence west along the north side of Hospital Line to the southeast corner of 15 Hospital Ground, thence north along the eastern property lines of 15, 16, 17 18, 19, and 20 Hospital Ground, thence west along the northern property lines of 20, 26, 29 Hospital Ground, The Winston Raymo Center, and the north west corner of the Lionel Robert Stadium, thence south along the west side property line of the Lionel Roberts Stadium, thence west along the northern property lines of 109, 110, 128, 127, 126, 125, 124, and 123 Hospital Ground, thence south along the west property lines of 123 and 122 Hospital Ground, thence north westerly along the northern side of Louisenhoj Road (Maud Proudfoot Drive) to Alexander Gade, thence west along Alexander Gade to Adel Gade, thence north along Adel Gade to the southeast corner of 8L Lytons Fancy, thence west along the south property lines of 8L, 8E, 8D, 8B, and 8A Lytons Fancy, thence west along Catherineberg Road to Hyacinth Strade, thence east along Hyacinth Strade to Murphy Gade, thence the south along Murphy Gade to the southwest corner of 16 Murphy Gade, thence east to Nye Gade, thence south along Nye Gade to Lille Gronne Gade, thence east along Lille Gronne Gade to Commandant Gade OV, thence east across Commandant Gade O.V., thence north along Commandant Gade to the Dronningens Gade Step Street, thence east along Dronningens Gade Step Street to the southeast corner of 8 Commandant Gade, thence north along the east property line of 9A, 10A, 11A, 12A, 13B, and 13A Commandant Gade, thence east along the south property lines of 13BB Commandant Gade, thence north along the east property line of 13BB Commandant Gade to Louisenhoj Road (Maud Proudfoot Drive), thence east along the southern side of Louisenhoj Road (Maud Proudfoot Drive) to Lille Taarne Gade, thence south along Lille Taarne Gade to Dronningens Gade Step Street, thence east along Dronningens Gade Step Street to Hospital Gade, thence south along Hospital Gade to Kongens Gade, thence east along Kongens Gade to the bridge that crosses Kanal Gade "Major Gut," thence south along Kanal Gade to Norre Gade, thence east along Norre Gade to Bjerge Gade, thence south along Bjerge Gade to the point of beginning. (c) The boundary of the Frederiksted Town Enterprise Zone begins at the northwest corner of the ball park, known as Paul E. Joseph Stadium, thence east along the La Grange Road to Princes Street, thence south along Princess Street to Custom House Street, thence south along New Street to King Cross Street, thence east along King Cross Street to East Street, thence south along East Street to Fisher Street, continuing across Fisher Street along the west property lines of Wheel of Fortune Folio No., Mars Hill Folio 237 and Parcel of Stony Ground Folio 226, thence west along Center Line Road to the southwest corner of 107 Two Brothers, thence north along the west properly lines of 107, 96, 95, 94, 93, 92, 91, 89, 88, 87, 86B and 85 Two Brothers, thence east along the north property line of 85 Two Brothers to the southwest corner of 53 Two Brothers, thence north along the west property lines of 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, and 70 Two Brothers, thence east along the north property line of 70 Two Brothers to the southwest corner of 71-F Two Brothers, thence north along the west property line of 71-F and 71-E Two Brothers to the north west corner of 71-E Two Brothers, thence west along the north properties lines of 171, 147, 132, and 97A to the northwest comer of 97A Two Brothers, thence north along Route 71 Veterans Shore Drive to Fisher Street, thence west along Fisher Street to the shoreline, thence north along the shoreline to Custom House Street, thence east along Custom House Street to King Street, thence north along King Street Route 7025 to the point of beginning. (d) The boundary of the Christiansted Town enterprise Zone begins at the North Eastern corner of No. 2 Garden Street, the Line runs: South along the West boundary of Mount Welcome to the South East corner of Old Hospital Grounds; thence West along the South boundary of Old Hospital Ground, to South West corner of Old Hospital Ground; thence in a Northerly direction along the West boundary of Old Hospital Ground to the South East comer of No. 14 Little Hospital Street; thence in a Westerly direction along the old town limits situated on the North boundary of Recovery Hill and Peter's Farm to the North West Comer of Peter's Farm and the South West comer of the Public Cemetery; thence along the North boundary of St. Catherines and Contentment, and the South boundary of Friedensthal to the South East comer of Parcel No. 1 Matr. No. 1-ab of Contentment; thence along the South boundary of Parcel No. 1 of Contentment to the center line of Public Road; thence in a Northerly direction along the Center Line Road to the intersection of said Road, Sobotkers Lane and the North side Road; thence Westerly along the North side Road to the existing hard surfaced road leading to the former Richmond Jail; thence Southeasterly along the South Wall of the former Richmond Jail to the South East corner of the Jail; thence in a Northerly direction along the road designating the West boundary of the Holger Dansk Hotel to the Water front, thence in an Easterly direction along the water front to the North East comer of No. 2 Garden Street. (e) (1) The Virgin Islands South Shore Trade Zone is designated as the areas on or around the southside ports of entry on the island of St. Croix including the Wilfred "Bomba" Allick Port and Transshipment Center ("The Container Port") and the Gordon A. Finch Molasses Pier located at Krause Lagoon, thence continuing west along the south shore to Plot No. 1 Estate Anguilla, Plot No. 1 Estate Annaberg and Shannon Grove and No. 2 Estate Annaberg and Shannon Grove, Plot No. 1 Estate Spanish Town, Remainder Plot No. 5 Estate Blessing, Plot No. 6 Estate Blessing, Plot No. 7 Estate Blessing, Plot No. 10 Estate Blessing, Plot No. 11 Estate Blessing and Plot Numbers 12-A, 12-D and 12-E of VI Corps Land and all roads and easements known as the St. Croix Renaissance Park, thence continuing west along the shoreline to Estate Betty's Hope, Cooper's, Diamond, Envy, Golden Grove, Manning's Bay, Negro Bay, Paradise, and VI Corp land, also known as the Alexander Hamilton Field or the Henry E. Rohlsen Airport. The Virgin Islands South Shore Trade Zone also includes the William D. Roebuck Industrial Park located at No. 4 Manning's Bay and undeveloped properties of the Virgin Islands Port Authority located along the South Shore. (2) The inclusion of Virgin Islands Port Authority properties in this Zone does not affect the ability of the Authority to lease its properties. History: Added May 16, 2014, No. 7589, § 5, Sess. L. 2014, p. 36-39; amended Oct. 26, 2020, No. 8376, § 3(1), (2), Sess. L. 2020, p. 188, 189.

The purpose of this subchapter is to establish a process that provides incentives by the Government to induce private investment in Commercial Zone areas by removing unnecessary governmental regulatory barriers to economic growth, and providing tax incentive benefits. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 39, 40.

As used in this subchapter: (1) "Commercial Zone" means that total area within the Territory that has been declared a commercial zone pursuant to title 29 Virgin Islands Code, Chapter 19, Subchapter I, Section 1003(11). (2) "Commercial Zone Business" means any individual, partnership, corporation, limited liability company, proprietorship or other business entity granted benefits pursuant to this subchapter. (3) "Commission" means the Enterprise Zone Commission, a public body created pursuant to title 29 Virgin Islands Code, chapter 19 section 1004. (4) "Real Property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or developed in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (5) Rehabilitation" means the reconstruction, alteration or repair of improvements, structures and buildings, in accordance with the requirements of the Virgin Islands Building Code, and other laws and regulations pertaining to building, fire prevention, health, housing, and zoning and also the use of land, and the use and occupancy of buildings and improvements. (6) "Resident of the Virgin Islands" has the same meaning as that found in title 29, Virgin Islands Code, chapter 19, section 1003(9)(a) and (b). History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 40.

(a) There is established in the Virgin Islands a Commercial Zone Program. (b) The Program is organized and administered as a committee of the Virgin Islands Enterprise Zone Commission, established pursuant to title 29, Virgin Islands Code, chapter 19, section 1004. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 40.

In addition to the powers enumerated in title 29 Virgin Islands Code, chapter 19, section 1007, the Commission shall: (1) Develop application procedures for demonstrating compliance with section 1017d of this subchapter and for obtaining the benefits set out under section 1017e of this subchapter, which may include public hearings by the Commission; (2) Oversee and monitor the implementation of this subchapter; (3) Determine compliance of the beneficiaries with the provisions of this subchapter and all regulations promulgated hereunder; (4) Actively promote and publicize the Commercial Zone Program, including, preparing, purchasing, and distributing by mail, the internet, or other means, material concerning Commercial Zones; (5) Provide technical and business assistance related to tax incentives and the development of alternative revenue sources to businesses within each Commercial Zone; (6) Coordinate Federal and Territorial business assistance programs and in cooperation with the appropriate Federal and Territorial departments or agencies, help streamline permit and license application procedures for businesses located in Commercial zones; (7) Work with the appropriate Federal and Territorial departments and agencies to coordinate the Commercial Zone Program with other programs carried out in the territory, including without limitation, economic development programs, programs providing financial and other assistance to small businesses, programs providing transportation assistance, and job training programs; (8) Apply or work with beneficiaries of the Commercial Zone Program to apply for Federal and Territorial grants, loans, and services that benefit businesses in a Commercial Zone; (9) Monitor enterprises that are established in or relocated to a Commercial Zone and that qualify for the incentives provided for in section 1017g of this subchapter; and (10) Prepare and promulgate such rules and regulations as may be necessary to compliment the provisions of this subchapter. Such rules and regulations shall have the force of law upon approval by the governor and promulgated in accordance with chapter 35 of title 3 Virgin Islands Code. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 41, 42.

In order to qualify and remain eligible for benefits provided under this subchapter, an applicant must fulfill the following specific qualifications and requirements: (1) Establish or continue to maintain a business with valid licenses and permits within a Commercial Zone; (2) Invest at least $75,000 or invest an additional amount of $75,000, in the rehabilitation of the building used by a business that will advance the economic well being of the Territory. The fair market value of all equipment leased for a term of at least five years must be included in determining compliance with the investment requirement. The minimum investment required by this section may be reduced, if the Commission finds that the proposed business will provide sufficient employment to justify the lower investment; (3) In the case of a natural person, be a resident of the Virgin Islands as defined in section 1017a(6) of this subchapter; (4) Actually invest in the Commercial Zone rather than being a contractor, subcontractor, person or corporation acting as an agent or representative in a similar capacity to the investor; (5) Meet such standards of ecological compatibility that may be established by Federal or Territorial law; (6) Employ at least four residents of the Virgin Islands and one paid apprentice in such business directly or through subcontractors or, for existing businesses, add at least four new employees and one paid apprentice who are residents of the Virgin Islands, either during the construction period, or on a permanent basis in the operation of the business. The commission may waive this requirement upon a demonstration to the Commission that the employment of the prescribed number of persons in the particular enterprise would not be economically feasible or practical, and upon a further finding by the Commission that the desirability of the proposed enterprise outweighs the fact that it will not provide employment for at least two residents, or for two additional residents; (7) Comply with all Federal and Territorial laws, including anti-discrimination and wrongful discharge laws; (8) For any applicant who proposes to do business on land adjoining any beach or shoreline of the Virgin Islands, agree to grant to the Government of the Virgin Islands a perpetual easement upon and across such land to the beach or shoreline to provide free and unrestricted access thereto to the public. The easement must be duly recorded in the Recorder of Deeds upon the designation of the business as a Commercial Zone Business; and (9) Agree in writing to notify the Virgin Islands Employment Service as to the availability of employment by the business or its subcontractors, the number of employees required, the occupational classification of such workers, and the applicable wage rate. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 42, 43.

Procedures (a) Any business granted benefits under this subchapter shall agree in writing to employ and to require all contractors retained by the business to employ persons who are residents of the Virgin Islands. (b) Any business granted benefits pursuant to this subchapter shall require all contractors retained by the business to agree to contract for services with, and purchase goods, materials and supplies from those persons who are residents of the Virgin Islands and those entities that are incorporated or registered under the laws of the Virgin Islands, and who are duly licensed to do business in the Virgin Islands and have been so duly licensed for at least one year prior to the initial date of any such purchase, contract, or subcontract, provided that the bid of such resident or entity does not exceed the bid of any nonresident person or entity by more than fifteen percent (15%). Each Commercial Zone business and all contractors and subcontractors of such business shall invite competitive bidding for all services, goods, and materials pursuant to the publication requirements of title 31 Virgin Islands Code, chapter 23, section 236 and must apprise each bidder in writing of the name of the successful bidder and the amount of his bid within thirty (30) days after awarding the bid. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 43.

(a) Beneficiaries of the Economic Development Program in title 29 Virgin Islands Code, chapter 12 shall not be eligible to be designated as Commercial Zone Businesses nor to receive benefits authorized pursuant to the provisions of this subchapter. (b) An individual or entity that was formerly a beneficiary of the Economic Development Program may, however, apply for benefits as a Commercial Zone Business, and a current beneficiary of the Economic Development Program may apply for benefits as a Commercial Zone Business if such beneficiary terminates its benefits under the Economic Development Program as of the effective date of its benefits as a Commercial Zone Business. (c) A commercial Zone Business may apply for benefits under the Economic Development Program and upon the receipt of such benefits must elect to terminate its benefits under the Commercial Zone Program as of the effective date of its benefits under the Economic Development Program. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 43, 44.

(a) Each Commercial Zone Business shall qualify for the following tax credits and tax benefits: (1) A non-refundable gross receipts tax credits or an income tax credit equal to ten percent (10%) of the actual value expended within a fiscal year for construction of a new building within the Commercial zone; (2) A non-refundable gross receipts tax credit or an income tax credit equal to ten percent (10%) of the actual value expended within a fiscal year for rehabilitation of buildings or other real property within the Commercial Zone; For the following activities the additional percentage indicated may be stacked, but in no event may the benefits exceed 35%. (A) Off Street Parking Level 1 (10-30 parking spaces) 5% Level 2 (31-50 parking spaces) 10% Level 3 (51+ parking spaces) 15% (B) Entertainment Restaurant -5% Center for Live Entertainment 5% (C) New Residential 10% (D) Retail establishments that carry predominantly cultural or locally made products 10% (3) A gross receipts tax rate of 3% for gross receipts derived by the Commercial Zone Business, pursuant to title 33 Virgin Islands Code, chapter 3, section 43; (4) A property tax credit against taxes imposed pursuant to title 33 Virgin Islands Code, chapter 81, section 2301 equal to the increase in property taxes assessed due to renovation, rehabilitation, or construction of property within the Commercial Zone. (b) The Commercial Zone Business shall indicate for the fiscal year that expenditure is made whether it is taking the gross receipts or income tax credit pursuant to paragraphs (1), (2), (3) and (4) of this section for such expenditures. The credit must be taken on the appropriate tax return for the fiscal year during which the actual value was expended. A Commercial Zone Business that qualifies for more than one of the credits may elect to take one or more credits against income tax, but in no case may expenditure be used in calculating more than one credit. (c) Any credit derived by an entity that is not taxable at the entity level, such as a limited liability company, partnership, or Subchapter S corporation, must flow through to its owners as long as they are residents of the Virgin Islands as defined in section 1017a(6) herein. (d) Only expenditures incurred over a consecutive five-year period may give rise to tax credits under this chapter, and each Commercial Zone Business may elect the commencement date of such five-year period, the Benefit Period. Each benefit must be used to the extent possible in a five year before any balance is carried forward to the subsequent year with regard to credits and other benefits carried forward. However, a Commercial Zone Business shall make an election at the same time that it elects the commencement date of its benefits and such election cannot be subsequently changed. (e) The property tax benefit and the reduced gross receipts tax rate apply only for the Benefit Period. (f) Each Commercial Zone Business must obtain and maintain a valid licenses to conduct business in the territory for each year in which it receives tax benefits under this section and a Commercial Zone Business that does not have a valid license in place for one or more years for any reason is not entitled to the tax benefits under this section without further action on the part of the Enterprise Zone Commission. (g) The Virgin Islands Enterprise Zone Commission in consultation with the Virgin Islands Bureau of Internal Revenue shall issue regulations for the administration of paragraphs (a)(1)-(4), (b), (d), (f), and (h) of this section, and the Enterprise Zone Commission in consultation with the Tax Assessor shall issue regulations for the administration of subsection (a)(5) and (e) of this section. (h) The tax exemptions under this program are mutually exclusive of any tax credits for which an applicant may be eligible. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 44-46.

(a) There is established within the Treasury of the Virgin Islands a separate and distinct fund designated and known as the "Enterprise Zone Fund". The Commissioner of Finance shall maintain and provide for the administration of the Fund, and no monies shall be made available for expenditure there from, except as provided by law. All monies in the Fund remain available until expended. (b) The Fund consists of all monies appropriated from time to time by the Legislature, all public or private grants, donations, bequests or devises, and fees collected by the Enterprise Zone Commission, or any appropriations transfers thereto. (c) The Commissioner of Finance shall disburse monies from the Fund as directed by the Enterprise Zone Commission to implement the Enterprise and Commercial Zones Programs. History: Added May 16, 2014, No. 7589, § 6, Sess. L. 2014, p. 46.

As used in this subchapter: (1) "Certificate" means the contract between the Government of the Virgin Islands through the Commission and the Beneficiary for benefits under this subchapter. (2) "Programs" means the initiatives and offerings of the Virgin Islands Enterprise Zone. (3) "Virgin Islands South Shore Trade Zone" means the areas described in section 1016(e) of this chapter. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 189.

(a) A person or company wishing to be designated as a Beneficiary shall apply to the Commission on forms prescribed and made available by the Commission and pay the applicable fee. In order to qualify and remain eligible for benefits provided under this subchapter, an applicant must fulfill the following specific qualifications and requirements: (1) Invest at least $100,000, exclusive of inventory, in one of the following approved industries or businesses: light manufacturing, assembly, fulfillment centers, bonded warehousing, dry dock and ship repair service, fuel storage and export, refiners, power production and air and sea transshipment. The Commission may approve other such industries or businesses as may be considered appropriate by the Commission and which a finding by the Commission has determined will advance the economic well-being of the Virgin Islands and its people, and the applicant of such industry or business has agreed to the investment and employment requirements along with any other such special conditions as agreed between the applicant and the Commission. (2) Establish or continue to maintain a business with valid licenses and permits within a Virgin Islands South Shore Trade Zone. (3) Meet such standards of ecological compatibility as may be established by federal or Virgin Islands law, or by both. (4) Employ at least 10 residents of the Virgin Islands and one paid apprentice in such business directly or through subcontractors or, for existing businesses, add at least 10 new fulltime employees and one paid apprentice who are residents of the Virgin Islands. The Commission may waive the requirements of this paragraph upon a demonstration to the Commission that the employment of this number of persons in this enterprise would not be economically feasible or practical, and upon a further finding by the Commission that the desirability of the proposed enterprise outweighs the employment requirement. (5) Comply with all federal and Virgin Islands laws. (6) Agree to notify the Virgin Islands Department of Labor in writing of the availability of employment by the business or its subcontractors, the number of employees required, the occupational classification of such employees and the applicable wage rate. (7) File with the Commission stamped copies of current gross receipts tax returns, current property tax returns, and current income tax returns, which the Commission shall maintain as confidential information and not release, except as provided under 33 V.I.C. § 822 Code, for gross receipts and property tax returns, and 2626 U.S.C.6103. (8) In the case of a Virgin Islands or foreign corporation, partnership, limited liability company, trust, or other entity, be in compliance with all applicable federal and territorial statutes and any rules or regulations promulgated under this subchapter. (9) Comply with such other requirements, not inconsistent with this subchapter, considered in the interest of the Program by the Commission. (b) The Commission shall charge reasonable application and other administrative fees established by regulations. (c) After the receipt of an application that meets the criteria set forth in subsections (a), and (b) the Commission shall approve or deny the applicant. In determining whether to approve the applicant, the Commission shall consider the following criteria: (1) Whether the application's approval will likely result in a significant benefits to the economy of the Virgin Islands to justify the cost of providing tax incentive benefits; and (2) Whether the applicant's total anticipated benefits to the Government of the Virgin Islands, including public benefits as well as financial benefits, exceed the total anticipated costs to the Government of the Virgin Islands; and (d) If the project does not comply with the criteria, the Commission shall so notify the applicant in writing, not later than 60 days after the date of application, stating the areas in which the applicant fails to meet the criteria. The Commission shall allow the applicant up to 60 days to comply and cure any defects before the application is deemed expired. (e) The Commission shall notify the Office of the Lieutenant Governor of any corporation, joint venture, limited liability partnership, limited partnership or any other organization that signed its certificate as a Beneficiary not later than 60 days after the approval; and shall prepare and submit an annual listing of all entities that are approved for designation regardless of whether they are operational or not at the time of the annual listing. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 189-191.

(a) Each applicant granted a certification as a Beneficiary is exempt from the payment of the following taxes: (1) Taxes on real property to the extent that is used in the business or industry for which a certification has been granted for a period of 20 years if the Beneficiary remains in compliance with all the requirements of this subchapter. (2) Gross receipts taxes, for a period of 20 years, if the Beneficiary remains in compliance with all the requirements of this subchapter; but this exemption does not apply to the gross receipts of businesses operated by a concession or rental agreement on the premises of beneficiaries, including hotels, for which businesses separate licenses are required or which, as determined by the Commission, are not ordinarily related to, or do not constitute an essential part of the operation of the Beneficiary, and which are not otherwise eligible for economic development benefits as a distinct enterprise. (3) Excise taxes on raw materials for entities in the manufacturing industries building materials, tools, pipes, pumps, conveyor belts or other appliances, materials and supplies necessary for use in the construction, alteration, reconstruction or extension of the physical plant or facilities of the applicant. (4) Ninety percent of income taxes for a period of 20 years, if the Beneficiary remains in compliance with all the requirements of this subchapter. (b) Tax exemptions and benefits may be granted under this section only if the applicant granted the certificate can provide certification from the Bureau of Internal Revenue that the applicant has filed and paid all taxes, penalties and interest and from the Office of the Lieutenant Governor that the applicant has filed its required annual report or has satisfactorily made agreement to pay the taxes or file the required reports. (c) A successful applicant may be entitled to: (1) reduce the amount of each payment of estimated income taxes by 90%; and (2) reduce the income tax liability shown on the income tax return for the taxable year by 90%; for each of the remaining years specified in the revised Economic Zone certificate granted the applicant under this section. In the case of estimated income taxes the reduction must be prorated over the quarterly payments due, or constructively due by the applicant, and in the case of the determination of the applicant's income tax liability, by the entire amount of the subsidy thus constructively calculated. (d) The reduction of income tax liability on a current basis of, or the reduction of income taxes otherwise payable by an applicant entitled to such reduction is applicable with respect to all of the computations, assessments, and collection of such income taxes, as provided by the 1954 Internal Revenue Code, as amended, and with respect to the payment of the estimated income taxes, as provided by applicable law. (e) An individual whose permanent residence is in the Virgin Islands; a corporation that is organized under the laws of the Virgin Islands; or a corporation organized under the laws of the United States, or one of the states, territories or Commonwealths of the United States, whose principal office is located in the Virgin Islands, is presumed to continue to be permanently domiciled in the Virgin Islands for purposes of this section, unless it is established that such residency or domicile has been superseded by a new residence or domicile. (f) (1) This subsection applies to: (A) shareholders, members, partners, grantors, beneficiaries, or other direct or indirect owners who are bona fide residents of the Virgin Islands pursuant to section 932(c) of the Internal Revenue Code of 1986, as amended and who have been approved for tax reductions by the Enterprise Zone Commission; and (B) entities, including without limitation, corporations, trusts, partnerships and limited liability companies, established in, qualified, or registered to do business in the Virgin Islands which have been approved for tax reductions by the Commission. (2) The shareholders, members, partners, grantors, beneficiaries, or other owners referenced in paragraph (1) of this subsection are entitled to a 90% reduction on income taxes payable with respect to income derived from the dividends paid to them or the distributive share allocated to them by the Beneficiary, as applicable, and which dividends or distributive shares are attributable to income derived from the business or industry for which the certificate is granted and income from investments described in section 713d(c)(2) of this title. (g) Not later than June 30 of each year, the Director of the Virgin Islands Bureau of Internal Revenue shall remit the income taxes received pursuant to subsection (a)(4) to the Commissioner of Finance. The Commissioner of Finance shall deposit one percent of the amount received into the Education Maintenance Fund. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 191-193.

and Gross Receipt Taxes For Merchandise Imported to and Exported From the Virgin Islands South Shore Trade Zone (a) Handling of merchandise in zone; shipment of foreign merchandise into customs territory; appraisal; reshipment of foreign and domestic merchandise of every description, except such as is prohibited by law, may, without being subject to the customs laws of the Virgin Islands, except as otherwise provided in this subchapter, be brought into a zone and may be stored, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned, mixed with foreign or domestic merchandise, or otherwise manipulated, or be manufactured except as otherwise provided in this subchapter, and be exported, destroyed, or sent into customs territory of the Virgin Islands therefrom, in the original package or otherwise; but when foreign merchandise is so sent from a zone into customs territory of the Virgin Islands it must be subject to the laws and regulations of the Virgin Islands affecting imported merchandise but: (1) The merchandise, goods, machinery and equipment brought into the Virgin Islands South Shore Trade Zone for re-shipment out of the Territory are exempt from custom duties, and excise taxes; and (2) The gross receipt taxes merchandise, goods, machinery and equipment brought into the South Shore Enterprise Zone for the purpose of re-shipment out of the Territory are exempt from custom duties, and excise taxes, except that this exemption does not apply to the gross receipt taxes of businesses operated by a concession or rental agreement on the premises of the South Shore Enterprise Zone, for which businesses separate licenses are required or which, are not ordinarily related to, or do not constitute an essential part of, the operation of the South Shore Trade Zone, and are not otherwise eligible for tax incentives as a distinct enterprise. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 193; amended Jan. 21, 2021, No. 8424, § 7, Sess. L. 2020, p. 315.

(a) Beneficiaries of the Economic Development Program in title 29 Virgin Islands Code, chapter 12 and the University of the Virgin Islands Research and Technology Park in title 17 Virgin Islands Code, chapter 34 are not eligible to be designated as a Beneficiary or to receive benefits authorized pursuant to this subchapter. (b) An individual or entity that was formerly a Beneficiary of the Economic Development Program may, however, apply for benefits as a Beneficiary, and a current beneficiary of the Economic Development Program may apply for benefits as a Beneficiary if such beneficiary terminates its benefits under the Economic Development Program as of the effective date of its benefits as a Beneficiary. (c) A Beneficiary may apply for such benefits under the Economic Development Program and upon the receipt of such benefits must elect to terminate its benefits under the Virgin Islands South Shore Trade Zone Program as of the effective date of its benefits under the Economic Development Program. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 193, 194.

Water Generation (a) Notwithstanding title 30 Virgin Islands Code, chapter 1, Beneficiaries, including The Virgin Islands Water and Power Authority, have the right to generate, sell, trade, or otherwise distribute electrical power and water to Beneficiaries within the South Shore Trade Zone. (b) The Virgin Islands Water and Power Authority shall provide annual reports to the Legislature, Governor, and the Virgin Islands Economic Development Authority on the provision of electricity to the South Shore Trade Zone, including: (1) The amount of electricity purchased from solar farms; and (2) The rates at which electricity is resold to South Shore Trade Zone beneficiaries. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 194; amended Dec. 2, 2024, No. 8977, § 1, Sess. L. 2024, p. -.

(a) A Virgin Islands South Shore Trade Zone certificate granted in accordance with this subchapter may be revoked, suspended or modified by the Commission, after due notice, public hearing and written findings by the Commission that: (1) the Beneficiary has failed to maintain compliance with the requirements of this subchapter, or any regulation hereunder; or (2) in the case of a corporation, upon knowledge by the Commission that the corporation: (A) has been dissolved; or (B) has filed, or there has been filed against the corporation, a petition in bankruptcy that has been approved; or (3) the Beneficiary has failed to file an annual report of ownership; or (4) the Beneficiary, or in the case of a corporate Beneficiary, any officer acting in behalf of the corporation, has been convicted of a felony connected with the operation of the Beneficiary's business or industry or crimes involving moral turpitude; or (5) the Beneficiary, or in the case of a corporation an officer acting in behalf of the corporation, has given or offered, or caused to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefore, to a public officer, or to a person executing any of the functions of a public office, or to a person elected, appointed or designated to thereafter execute the same, with intent to influence him with respect to any act, decision, vote, opinion or other proceedings, in the exercise of the powers or functions which he has or may have pertaining in any way to the industrial development program. In addition to the fine or imprisonment provided in title 14, section 406 of the Virgin Islands Code for this offense, any benefit granted or obtained as a result of such act, decision, vote, opinion or other proceeding is void as to the briber and recoverable from the briber as the circumstances of the case may dictate. (b) If notified by the Commissioner of Labor that a Beneficiary has violated the resident employment requirements of this subchapter, the Commission shall hold a hearing at which the Beneficiary must show cause why its certificate should not be modified, suspended or revoked. (c) In connection with any hearings or investigations required under this section the Commission subpoena witnesses, records and books, administer oaths and inspect properties. (d) The expenses of any investigation or any proceeding by the Commission to determine compliance by any Beneficiary must be borne by the Beneficiary. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 194, 195.

Claims For Benefits Any applicant or Beneficiary who willfully makes any false or fraudulent statement or representation as to any fact required or appropriate, necessary or related to the determination of the eligibility qualifications of such applicant or Beneficiary for benefits under this subchapter, or for the continuation or extension of benefits, or who willfully makes or presents any claim for benefits under this subchapter knowing the claim to be false, fictitious or fraudulent, must be fined not more than $25,000 or imprisoned not more than two years, or both. In addition to the foregoing, any benefits previously granted under this subchapter to such applicant or Beneficiary are automatically revoked; all taxes that were otherwise due and payable by such applicant or Beneficiary but for the tax exemption benefits granted, are due and payable as of the date or dates when, but for such tax exemption, they would have been due and payable, and the taxes must be assessed and collected in accordance with the applicable tax laws in force for such date or dates; and the amount or amounts of all subsidy benefits, based on income tax liability, actually received, must be deemed debts due and owing to the Government of the Virgin Islands as of the date or dates when payment of subsidy was made. History: Added Oct. 26, 2020, No. 8376, § 4, Sess. L. 2020, p. 195.

This chapter may be cited as the "Tobacco Settlement Financing Act of 2001". History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

For the purposes of this chapter, the term: (a) "Bonds" means the taxable or tax-exempt asset-backed bonds, notes or other obligations, authorized to be issued by the Corporation pursuant to this chapter. (b) "Corporation" means the Tobacco Settlement Financing Corporation established by section 1024 under this chapter. (c) "Government" means the Government of the Virgin Islands. (d) "Master Settlement Agreement" means the settlement agreement and related documents, as they may be amended from time to time, entered into on November 23, 1998, by the Government, 46 states and five other United States jurisdictions and the leading United States tobacco product manufactures. (e) "Purchase Agreement" means a contract, as authorized under section 1023 of this chapter, between the Corporation and the Government, under which the Government sells to the Corporation, except the right to enforce the Master Settlement Agreement, all of the Government's right, title, and interest in certain payments received and to be received by the Government under the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the Government under the Master Settlement Agreement, except for the payments that have been received by the Government prior to February 1, 2001, in exchange for a cash payment from the net proceeds of the sale of the Bonds. (f) "Residual Bond" means a Bond held in the Tobacco Settlement Health Care and Capital Improvement Fund established by title 33, chapter 111, section 3100b, Virgin Islands Code Act No. 6360, evidencing the Residual Interest. (g) "Residual Interest" means that portion of any payments received by the Corporation under the Master Settlement Agreement, if any, which is not annually required to: (1) repay the holders of the Bonds, other than the Residual Bond; (2) establish, maintain or replenish any reserve funds created in connection with the issuance of the Bonds, other than the Residual Bond; (3) pay any other obligations of the Corporation, other than the Residual Bond incurred in connection with the issuance of the Bonds; or (4) pay the actual, reasonable and necessary expenses of the Corporation. (h) "Virgin Islands" means the Virgin Islands. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

(a) For the purpose of the funding of the healthcare projects described in title 33, chapter 111, section 3100b(c), Virgin Islands Code, the Government may sell to the Corporation all of the Government's right, title, and interest in and to the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the Government thereunder except for the payments which have been received by the Government prior to February 1, 2001, in exchange for a cash payment in the amount of net sales proceeds of the Bonds and the Residual Bond, if any. (b) Subject to the authorization and restrictions of this chapter, the terms and conditions of the Purchase Agreement shall be determined by the Governor, which determination shall be conclusively evidenced by his execution of the Purchase Agreement. The Governor may execute and deliver any administrative or other documents or agreements that are necessary or desirable relating to the sale of the Government's rights, title, and interests in certain payments received or to be received by the Government under the Master Settlement Agreement or in connection with the issuance of the Bonds. Proceeds from the sale of the Bonds and other moneys received by the Corporation pursuant to the Purchase Agreement will be used to fund the healthcare projects as described in title 33, section 3100b(c), Virgin Islands Code, as well as to pay capitalized interest and costs of issuing of the Bonds, to establish and fund reserve funds, and to pay other expenses and fees related to the issuance of the Bonds. The net proceeds from the sale of Bonds to be used to fund such healthcare projects shall be deposited in the Tobacco Settlement Health Care and Capital Improvement Fund established by title 33, section 3100b, Virgin Islands Code. In no event shall amounts in the Fund be available or be applied for payment of the Bonds or any claim against the Corporation or any debt or obligation of the Corporation. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

Powers and Authority (a) The Tobacco Settlement Financing Corporation is established as a special purpose, independent instrumentality of the Virgin Islands. The Corporation shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this chapter, and shall have a legal existence separate from the Government. (b) The purpose of the Corporation is to purchase all of the Government's right, title, and interest in certain payments received and to be received by the Government under the Master Settlement Agreement, including all the moneys, and any interest thereon, payable to or received by the Government under the Master Settlement Agreement, except for the payments that have been received by the Government prior to February 1, 2001, and to issue Bonds and the Residual Bond, if any, to pay the purchase price therefor. The Corporation may enter into the Purchase Agreement and may perform any acts necessary or convenient to effectuate its purposes, including payment or refinancing of healthcare projects. (c) In addition to any other powers or authority conferred by this section or chapter, the Corporation shall have all the powers as are conferred upon corporations by the laws of the Virgin Islands to the extent not inconsistent with or restricted by the provisions of this section or chapter, and to exercise all its powers within or outside the Virgin Islands to the same extent natural persons might do, including the power to: (1) Adopt, amend, repeal, and enforce bylaws, rules, regulations, and procedures as it determines appropriate to the government of its affairs and the conduct of its business and which are not inconsistent with this section; (2) Sue and be sued, and to complain and defend, in its own name; (3) Adopt, alter and use a corporate seal, which shall be judicially noticed, provided that the absence of the seal on a contract or other documents shall not affect its validity; (4) Acquire, purchase, hold, lease, sell, assign, pledge, or convey real and personal property, contract rights, general intangibles, revenues, moneys, and accounts as may be proper or expedient to carry out the purposes of the Corporation and this chapter, and to assign, convey, sell, transfer, lease or otherwise dispose of such property; (5) Elect, appoint, and employ such officers, agents, and employees as the Corporation considers advisable to operate and manage the affairs of the Corporation, and to define their duties and fix, adjust, and define their compensation as it determines to be appropriate; (6) Make, execute, or perform contracts, commitments, agreements, trust indentures, and other instruments and agreements, including, as approved by its board, investment contracts, swap agreements and other hedging transaction agreements, liquidity facilities, insurance agreements, or reinsurance agreements, necessary, or convenient to accomplish the purposes of the Corporation and this chapter; (7) Select, retain, and employ professionals, contractors, or agents which are necessary, or convenient to enable or assist the Corporation in carrying out the purposes of the Corporation; (8) Indemnify or insure members of the board and officers of the Corporation as it determines appropriate; (9) Purchase insurance or self-insure against loss in connection with its property and other assets or other risks, in such amounts and from such insurers as it determines appropriate; and (10) Perform any act not inconsistent with the Revised Organic Act, as amended, applicable federal law or Virgin Islands law necessary or convenient to carry out the purposes of the Corporation. (d) (1) The Corporation shall be governed by a board of directors consisting of three members. The Governor or a person acting in the official capacity of the Governor, shall serve as the ex-officio member of the board. Two members of the board shall be private citizens, "independent members". A quorum shall consist of three members. Actions of the board shall be determined by a majority vote of the members unless a unanimous vote of all the members will be required by the by-laws of the Corporation for certain purposes; provided, that the affirmative vote of the independent members shall be required for the issuance of the Bonds. (2) One independent member of the board of directors shall be appointed by the Governor and one independent member of the board shall be appointed by the President of the Legislature, each within 30 calendar days after the effective date of this chapter or 180 days after the date of a vacancy. Each of the independent members of the board shall serve a term of 4 years, except that an independent member selected to fill a vacancy occurring before the end of the term for which his predecessor was selected shall only serve until the end of the term. A member may serve after the expiration of his term until his successor has taken office. (3) The independent members may receive compensation not in excess of $50 per each day or part thereof spent in the meeting of the Board and all members may receive, or be reimbursed for, the actual, reasonable, and necessary expenses incurred in the performance of their official duties. (e) All assets and income of the Corporation shall be exempt from Virgin Islands taxation. (f) The Corporation shall have the same fiscal year as the Government. (g) An independent accountant, appointed by the board of directors of the Corporation, shall conduct an annual audit of the accounts and records of the Corporation. (h) No Virgin Islands laws, rules, or orders governing procurement or administrative procedures or personnel shall apply to the Corporation, its activities, board members, officers, or employees, except as otherwise provided for in this chapter. (i) All operating and administrative expenses of the Corporation necessary for the proper business of the Corporation and budgeted at the time of the issuance of the Bonds or in any successive year and costs of issuance of the Bonds shall be paid by the Corporation out of the payments received by the Corporation under the Master Settlement Agreement and from the proceeds of the Bonds. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

(a) The Corporation shall have the power to issue asset-backed bonds, notes, and other obligations, including refunding asset-backed bonds at or before maturity, to finance, or assist in the financing of healthcare projects described in title 33, section 3100b(c) Virgin Islands Code, and such obligations shall be payable solely from, and secured by the assets of the Corporation, including all of the rights, title and interest of the Government to certain payments received or to be received under the Master Settlement Agreement, including the power to provide for the authorization, securing, sale, and issuance of the Bonds and the Residual Bond, if any, consistent with this chapter. (b) The Corporation, by resolution of its board, may authorize the issuance of the Bonds. The resolution may stipulate the terms of the Bonds, including the following: (1) The date a Bond bears; (2) The date a Bond matures and, if different, such other date on which a Bond may be paid; (3) Whether the Bonds are issued as current interest bonds, capital appreciation bonds, convertible, capital, appreciation bonds or a combination thereof; (4) Whether the Bonds are issued as serial bonds, term bonds or as a combination of the two; (5) The denominations; (6) The interest rate or rates, or variable rate or rates changing from time to time, as provided in or determined pursuant to, authorization under the resolution; provided, that the Bonds shall bear interest at a rate not to exceed 8.5% per annum; (7) The method and terms of sale; (8) The method for payment; (9) Security for the Bonds; (10) The terms of redemption; (11) The establishment of reserves and debt service funds and the use of proceeds of the Bonds for costs of issuance, capitalized interest and otherwise in accordance with this chapter; and (12) Any other terms which, in the opinion of the board or its advisors, may be necessary or desirable for the sale of the Bonds. (c) The resolution authorizing the issuance of the Bonds shall include a statement as to whether the Bonds are intended to be issued on a tax-exempt or taxable basis. (d) The Corporation shall send a copy of the resolution authorizing the issuance of the Bonds to the Legislature within three days of its adoption. (e) The board may delegate to any member of the board, the authority to prescribe the terms and conditions of the Bonds, including those referred to in subsection (b) of this section, except that the terms and conditions of the Residual Bond, if any, shall be consistent with the terms of the Purchase Agreement. (f) A pledge by the Corporation of contract rights, general intangibles, assets or revenues collected by or on behalf of the Corporation as security for the Bonds shall be valid and binding from the time the pledge is made. The contract rights, general intangibles, assets or revenues pledged shall immediately be subject to the lien of the pledge without physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having a claim of any kind in tort, contract, or otherwise against the Corporation or the Government irrespective of whether the person has notice. Notwithstanding any law, the filing or recording of a resolution, trust, agreement, financing statement, continuation statement, or other instrument adopted or entered into by the Corporation in any public record is not required to perfect the lien against third parties. (g) The Bonds shall be securities in which all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the Corporation, may properly and legally invest funds including capital in their control or belonging to them. (h) The Bonds shall be securities which may be deposited with and shall be received by all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, for any purpose for which the deposit of bonds or other obligations of the Corporation is now or may hereafter be authorized. (i) (1) The Bonds, debts, obligations, contracts, notes, bonds, debentures, expenditures, accounts, funds, property and facilities of the Corporation are those of the Corporation and not those of the Government, or any department, office, agency, commission, municipality, branch, bureau, agent, officer or employee of the Government. (2) The Bonds are not general obligations of the Government and are not secured by a pledge of the full faith and credit of the Government and the holders of the Bonds may not require the levy or imposition of taxes. (3) The Bonds are special obligations of the Corporation payable solely from and secured by the assets of the Corporation including the payments received under the Master Settlement Agreement. (4) The Corporation has no taxing power. (5) The Bonds shall contain on their face the statements contained in paragraphparagraphs (1) through (4)subsection. (6) Nothing contained in the Bonds, or in the related financing or closing documents, shall create an obligation on the part of the Corporation or the Government to make payments with respect to the Bonds from sources other than the assets of the Corporation including the payments received by the Corporation under the Master Settlement Agreement. (j) Upon the issuance of the Bonds, the authority to issue the Bonds, the regularity thereof, the validity of any pledge or lien, and the validity and legality of the resolution authorizing the Bonds and the proceedings so adopted shall be conclusively presumed. (k) No official, employee, or agent of the Corporation or the Government shall be held personally liable solely because the Bonds are issued. Members of the board, while acting within the scope of their authority as members of the Corporation, shall not be subject to any personal or civil liability from the exercise of any of the Corporation's purposes, duties or responsibilities, unless the conduct of such member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (l) The Government pledges to the Corporation and the holders of the Bonds that the Government will not limit or alter the rights vested in the Corporation to fulfill the terms of the Purchase Agreement and the Indenture and all other agreements made with holders of the Bonds, or in any way impair the rights and remedies of the holders of the Bonds, until the Bonds, together with the interest thereon and with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the Bonds are fully met and discharged. Without limiting the foregoing, the Government pledges to the Corporation and the holders of the Bonds that the Government shall not enact any law permitting the Corporation to be a debtor under any bankruptcy or similar law until all obligations of the Corporation to the holders of the Bonds are fully met and discharged. The Government further pledges to take all actions as may be required by law fully to preserve, maintain, defend, protect and confirm the interests of the Corporation and the holders of the Bonds in the Master Settlement Agreement and the payments therefrom pursuant to the terms of the Purchase Agreement. The Corporation may include these pledges of the Government in any agreement with the holders of the Bonds. (m) The signature of an officer of the Corporation which appears on the Bonds, including Bonds not yet issued or delivered, shall remain valid notwithstanding that the person has ceased to hold that office. (n) The Bonds shall be exempt as to principal and interest from taxation by the Government or by any political subdivision of the Government. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

(a) The existence of the Corporation shall be perpetual; provided, that the board of directors by majority vote, including both of the independent members, may dissolve the Corporation when the Bonds, the Residual Bond, if any and all other obligations of the Corporation incurred with respect to the issuance of the Bonds have been repaid or their repayment has been provided for fully, and the existence of the Corporation shall terminate when adequate provision has been made for the payment of all other debts and obligations, and the winding up of the affairs of the Corporation. No assets or earnings of the Corporation shall inure to a private person or entity. Upon dissolution of the Corporation, title to all property of the Corporation shall vest in and become the property of the Government. (b) As long as the Bonds are outstanding: (1) The Corporation shall not dissolve or file a voluntary petition under any bankruptcy legislation in effect from time to time or sell all, or substantially all, of its assets; (2) No public officer, organization, entity, or other person may authorize the Corporation to be or become a debtor under any bankruptcy legislation in effect from time to time; and (3) The Corporation shall not take any action that materially and adversely affects the rights of the holders of the Bonds or other obligations issued by it. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

The transfer of the Government's right, title, and interest in and to the Master Settlement Agreement to the Corporation or any assignee which the parties have in the governing documentation expressly stated to be a sale or other absolute transfer shall be treated as an absolute transfer of all of the Government's right, title, and interest, as in a true sale, and not as a pledge or other financing, of the Government's right, title, and interest in certain payments received and to be received by the Government under the Master Settlement Agreement, including the moneys payable or received thereunder and any interest thereon, except for the payments that have been received by the Government prior to February 1, 2001. The grant to the holders of the Bonds of a security interest in, and a lien on, all of the Corporation's right, title, and interest in and to the Master Settlement Agreement, including the moneys payable or received thereunder and any interest thereon, except for the payments that have been received by the Government prior to February 1, 2001, the provision by the Government of any credit enhancement with respect to the Bonds, or the characterization of the transaction for accounting purposes or securities regulation shall not impair or negate the characterization of any transfer as a true sale. The transfer of the Government's right, title and interest in certain payments received and to be received by the Government under the Master Settlement Agreement to the Corporation or to any assignee shall be irrevocable and shall be deemed perfected as against third persons having claims in tort, contract or otherwise, including any judicial lien creditors, when a sale or transfer of the right, title, and interest in and to the Master Settlement Agreement in writing has been executed and delivered by the Government to the Corporation or any assignee. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

Enforceable Notwithstanding any other law, the Master Settlement Agreement and the Model Statute referred to in the Master Settlement Agreement are each valid and enforceable in accordance with their respective terms. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

Article XII of the Master Settlement Agreement imposes continuing and material obligations on the Government, and a failure by the Government to continue performing those obligations shall constitute a material breach excusing the performance of the other parties to the Master Settlement Agreement. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

If a provision of this chapter or its application to a person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions, or application. History: Added Aug. 13, 2001, No. 6428, § 1, Sess. L. 2001, p. 173.

This chapter may be cited as the "Caribbean Cultural Heritage Center Act of 2001". History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

For the purposes of this chapter, the term: (a) "Bonds" means the taxable or tax-exempt bonds, notes or other obligations, authorized to be issued by the Corporation pursuant to this chapter. (b) "Carifest Center and Park" means the cultural center, parking facilities, park and other permitted or authorized uses. (c) "Corporation" means the Caribbean Cultural Heritage Center and Discovery Park Corporation established under section 1053 of this chapter. (d) "Government" means the Government of the Virgin Islands. (e) "PFA" means the Virgin Islands Public Finance Authority as established under chapter 15 of this title. (f) "Virgin Islands" means the Virgin Islands. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

Discovery Park Corporation; Powers and Responsibilities (a) The Caribbean Cultural Heritage Center and Discovery Park Corporation is established as a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands. The Corporation shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this chapter. The existence of the Corporation shall be perpetual and separate from the Government. (b) The Corporation may acquire, equip, construct, own, operate and finance one or more convention facilities, parking facilities, hospitality facilities, cultural entertainment centers/parks or other historical renovations. (c) In addition to any other powers or authority conferred by this chapter, the Corporation shall have all the powers as are conferred upon corporations by the laws of the Virgin Islands to the extent not inconsistent with or restricted by the provisions of this chapter, and may exercise all its powers within or outside the Virgin Islands to the same extent natural persons might do, including the power to: (1) Adopt, amend, repeal, and enforce bylaws, rules, regulations, and procedures as it determines appropriate to the government of its affairs and the conduct of its business and which are not inconsistent with this section; (2) Sue and be sued, and to complain and defend, in its own name; (3) Adopt, alter and use a corporate seal, which shall be judicially noticed, but the absence of the seal on a contract or other documents shall not affect its validity; (4) Acquire, purchase, hold, lease, sell, assign, pledge, or convey real and personal property, contract rights, general intangibles, revenues, moneys, and accounts as may be proper or expedient to carry out the purposes of the Corporation and this chapter, and to assign, convey, sell, transfer, lease or otherwise dispose of such property; (5) Elect, appoint, and employ such officers, agents, and employees as the Corporation deems advisable to operate and manage the affairs of the Corporation, and to define their duties and fix, adjust, and define their compensation as it determines to be appropriate; (6) Make, execute, or perform contracts, commitments, agreements, trust indentures, and other instruments and agreements, including, as approved by its board, investment contracts, swap agreements and other hedging transaction agreements, liquidity facilities, insurance agreements, or reinsurance agreements, necessary, or convenient to accomplish the purposes of the Corporation and this chapter; (7) Issue bonds, notes, and other obligations; (8) Select, retain, and employ professionals, contractors, or agents that are necessary, or convenient to enable or assist the Corporation in carrying out the purposes of the Corporation; (9) Indemnify or insure members of the board and officers of the Corporation as it determines appropriate; (10) Purchase insurance or self-insure against loss in connection with its property and other assets or other risks, in such amounts and from such insurers as it determines appropriate; and (11) Perform any act necessary or convenient to carry out the purposes of the Corporation, but not inconsistent with the Revised Organic Act, as amended, applicable federal law or Virgin Islands law. (d) All operating and administrative expenses of the Corporation necessary for the proper business of the Corporation and budgeted at the time of the issuance of the bonds or in any successive year and costs of issuance of the bonds shall be paid by the Corporation from capital, revenue or bond proceeds. (e) No assets or earnings of the Corporation shall inure to a private board of directors. (f) All assets and income of the Corporation shall be exempt from Virgin Islands taxation. (g) The Corporation shall have and maintain a calendar fiscal year. (h) A certified independent public accountant, appointed by the Board of Directors of the Corporation, shall conduct an annual audit of the accounts and records of the Corporation. (i) The Corporation shall indemnify, defend and hold harmless the Government, the PFA, their officials, directors, appointees and employees from any and all claims relating to the acquisition, creation, construction, financing, leasing or operation of the Carifest Cultural Center and Park. (j) No law governing procurement or administrative procedures or personnel applies to the Corporation, its activities, board members, officers, or employees, except as otherwise provided for in this chapter. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

(a) The Corporation shall be governed by a Board of Directors consisting of five members appointed by the Governor. (b) The Board of Directors shall be appointed by the Governor within 30 calendar days after the effective date of this chapter or 180 days after the date of a vacancy. Three of the board members shall serve a term of three years, and two of the board members shall serve a term of four years, except that a board member selected to fill a vacancy occurring before the end of the term for which his predecessor was selected shall serve only until the end of the term. The Chairman of the Board shall be elected by a majority of the Board of Directors of the Corporation. A board member may serve after the expiration of his term until his successor has taken office. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127; amended Nov. 27, 2001, No. 6471, § 3, Sess. L. 2001, p. -.

(a) The Corporation shall have the power to issue bonds, notes, and other obligations, including refunding bonds at or before maturity, to finance, or assist in the financing of the Carifest Cultural Heritage Center, which obligations shall not constitute any obligation of the Government or the Public Finance Authority. (b) The Corporation, by resolution of its board, may authorize the issuance of the bonds. The resolution may stipulate the terms of the Bonds, including the following: (1) The date a Bond bears; (2) The date a Bond matures and, if different, such other date on which a Bond may be paid; (3) Whether Bonds are issued as serial bonds, term bonds or as a combination of the two; (4) The denominations; (5) The interest rate or rates, or variable rate or rates changing from time to time, as provided in or determined pursuant to authorization under the resolution; except that no such interest rate may exceed 14% per annum. (6) The method and terms of sale; (7) The method for payment; (8) Security for the bonds; (9) The terms of redemption; (10) The establishment of reserves and debt service funds and the use of proceeds of the bonds for costs of issuance, capitalized interest and otherwise in accordance with this subtitle; (11) The provision of fees and other charges and expenses including underwriters' discount related to the issuance of the bonds; and (12) Any other terms which, in the opinion of the board or its advisors, may be necessary or desirable for the sale of the bonds. (c) The resolution authorizing the issuance of the bonds shall include a statement as to whether the bonds are intended to be issued on a tax-exempt or taxable basis. (d) The Corporation shall send a copy of the resolution authorizing the issuance of the bonds to the Legislature within three days of its adoption. (e) The Board may delegate to any member of the Board the authority to prescribe the terms and conditions of the bonds, including those referred to in subsection (b) of this section. (f) A pledge by the Corporation of contract rights, general intangibles, assets or revenues collected by or on behalf of the Corporation as security for the Bonds shall be valid and binding from the time the pledge is made. The contract rights, general intangibles, assets or revenues pledged shall immediately be subject to the lien of the pledge without physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having a claim of any kind in tort, contract, or otherwise against the Corporation or the Government irrespective of whether the person has notice. Notwithstanding any law, the filing or recording of a resolution, trust, agreement, financing statement, continuation statement, or other instrument adopted or entered into by the Corporation in any public record is not required to perfect the lien against third parties. (g) (1) The bonds are special obligations of the Corporation. The Bonds shall not constitute an indebtedness of the Government or the PFA. The Bonds are not general obligations of the Government or the PFA and are not secured by a pledge of the full faith and credit of the Government or the PFA. (2) The holders of the Bonds may not require the levy or imposition of taxes. The Corporation has no taxing power. (3) The bonds shall contain on their face a statement containing all of the provisions of paragraphparagraphs (1) and (2)subsection. (4) Nothing contained in the bonds, or in the related financing or closing documents, may create an obligation on the part of the Corporation or the Government or the PFA to make payments with respect to the bonds from sources other than the assets of the Corporation. (h) Upon the issuance of the bonds, the authority to issue the bonds, the regularity thereof, the validity of any pledge or lien, and the validity and legality of the resolution authorizing the bonds and the proceedings so adopted shall be conclusively presumed. (i) No official, employee, or agent of the Corporation, the Government or the PFA may be held personally liable solely because the bonds are issued. Members of the Board, while acting within the scope of their authority as members of the Corporation, shall not be subject to any personal or civil liability from the exercise of any of the Corporation's purposes, duties or responsibilities, unless the conduct of such member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (j) The signature of an officer of the Corporation that appears on the bonds, including bonds not yet issued or delivered, shall remain valid notwithstanding that the person has ceased to hold that office. (k) The bonds shall be exempt as to principal and interest from taxation by the Government of the Virgin Islands. (l) While the Bonds and other debts and lease obligations are outstanding, the Corporation shall, to the extent obtainable and at commercially reasonable rates, maintain adequate insurance coverage for the benefit of the Corporation, holders of the Bonds, the Government and the PFA, insuring against wind storms, errors and omissions by directors, officers and employees, and other risks for which insurance is customarily and reasonably obtained and maintained by institutions engaged in similar activities within the United States of America. (m) As long as the Bonds are outstanding: (1) The Corporation shall not dissolve or file a voluntary petition under any bankruptcy laws in effect from time to time or sell all, or substantially all, of its assets; (2) No public officer, organization, entity, or other person may authorize the Corporation to be or become a debtor under any bankruptcy laws in effect from time to time; and (3) The Corporation shall not take any action that materially and adversely affects the rights of the holders of the Bonds or other obligations issued by it. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

Funds (a) The Bonds shall be securities in which all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the Corporation, may properly and legally invest funds including capital in their control or belonging to them. (b) The Bonds shall be securities which may be deposited with and shall be received by all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, for any purpose for which the deposit of bonds or other obligations of the Corporation is now or may hereafter be authorized. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

The Government pledges to the Corporation and the holders of the bonds that the Government will not in any way impair the rights and remedies of the holders of the bonds, until the bonds and the interest thereon and the interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the bonds are fully met and discharged. Without limiting the foregoing, the Government pledges to the Corporation and the holders of the bonds that the Government shall not enact any law permitting the Corporation to be a debtor under any bankruptcy or similar law until all obligations of the Corporation to the holders of the Bonds are fully met and discharged. The Corporation may recite these pledges of the Government in any agreement with the holders of the bonds. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

Subject to the provisions of title 13 chapter 1 of the Code, relating to dissolution and winding up the affairs of the corporation, by majority vote, the Board may dissolve the Corporation when the bonds, and all other obligations of the Corporation incurred with respect to the issuance of the bonds have been repaid or their repayment has been provided for fully, and adequate provision has been made for the payment of all other debts and obligations to any person or entity. Upon dissolution of the Corporation, all of the Corporation's rights and properties shall vest in and become the rights and property of the Government. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

The Corporation shall pay to the Government of the Virgin Islands: (a) Two percent of its net income to be used to provide for cultural education for students and teachers and entrepreneurial programs for students; (b) Two percent of its net income to be used by the Department of Health for cancer care, hemodialysis and prenatal care; and (c) Two percent of its net income as a contribution to the Union Arbitration Award and Government Employees increment Fund. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

If a provision of this chapter or its application to a person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application. History: Added Aug. 2, 2001, No. 6424, § 1, Sess. L. 2001, p. 127.

The purpose of this chapter is to create an umbrella authority to assume, integrate and unify the functions of the Economic Development Bank, the Economic Development Commission, the Economic Park Development Corporation, and the Small Business Development Agency (hereinafter referred to as GDB, EDC, IPDC, and SBDA respectively) under one executive board in order to achieve maximum efficiency of operations, avoid duplication of services, positions and responsibilities, reduce expenses for personnel, physical plant and operations and develop comprehensive programs for the economic development of the Territory by exercising the powers and duties of all four former entities, in conjunction with one another, and in the context of the overall goal of promoting and enhancing the economic development of the Territory. It is the intent of this chapter to allow the subsidiary corporations and entities to maintain distinct identities and to function independently of one another, only to the extent necessary to perform their distinct functions and objectives, but in all other cases to function in an integrated fashion. This chapter shall be liberally construed to achieve those purposes and goals. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) To aid the Government in the performance of its duties to develop the economy of the Virgin Islands, there is hereby created a body corporate and politic constituting a public corporation and semi-autonomous instrumentality of the Government of the Virgin Islands, by the name of the "Virgin Islands Economic Development Authority", (hereinafter "the Authority"), which shall be governed by a board consisting of seven (7) persons appointed by the Governor, pursuant to section 1002 of this title. (b) The Authority hereby created is and shall be a semi-autonomous governmental instrumentality subject, as provided in Section 11 of the Revised Organic Act, to the general supervision and direction of the Governor, and as provided for herein, to the control of its Governing Board. It is a public corporation having legal existence and personality separate and apart from the Government of the Virgin Islands and the officers controlling it. Further, subject to section 1010 of this title, the debts, obligations contracts, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and property of the Authority shall be deemed to be those of the Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, officer, or employee thereof. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) The powers of the Authority shall be exercised by a governing board consisting of the members of the Authority acting as a board. Of the seven members appointed to the Board, three shall not be employees of the Government of the Virgin Islands or the Government of the United States and shall be appointed by the Governor with the advice and consent of the Legislature. Three shall be appointed by the Governor from among the heads of cabinet-level executive departments or agencies or his executive staff, and one shall be appointed from the Board or executive staff of the Government Employee Retirement System, Virgin Islands Port Authority, or the University of the Virgin Islands. Of the non-governmental members, one must be a resident of St. Thomas, one must be a resident of St. John, and one must be a resident of the District of St. Croix. Non-governmental members shall be appointed for terms of three years, provided, however, that the first appointments made pursuant to this subsection shall be of individuals currently appointed to and approved by the Legislature as a member of one of the governing bodies being subsumed by the Authority. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, provided, however, that each member shall serve until the appointment and confirmation of his successor. Non-government members may be reappointed with the advice and consent of the Legislature and such members may be removed for cause by the Governor. Government members shall serve during the term of their government position at the pleasure of the Governor. No government member, by reason of his service on the Governing Board, shall be paid compensation in addition to his regular government salary. Non- government members shall be compensated at the rate of $50.00 a day for each day or fraction thereof spent in the work of the Authority. All members shall be entitled to reimbursement for, or per diem in lieu of, necessary travel expenses. (b) All members of the Board shall be learned in and shall have education, experience or expertise in one or more of the following areas: finance, law, economics, accounting, business, banking, or marketing; provided that at least five separate disciplines are represented on the Board and that no person who is currently employed by a bank doing business in the Territory may be appointed as a member of the Board. (c) Five members of the Board shall constitute a quorum for the purpose of organizing the Authority and conducting the business thereof and for all other purposes, and all actions shall be taken by a vote of the majority. (d) The Board shall meet and organize as soon as practicable and shall elect a Chairman and Vice- Chairman from among its members, and appoint a Chief Executive Officer of the Authority (CEO), who shall oversee the operations of the Economic Development Authority and shall receive such salary as may be approved by the Commission. The CEO shall be authorized to attend all meetings of the Board but shall not be entitled to vote. The Chief Executive Officer shall select an Assistant Chief Executive Officer of the Economic Development Commission, who shall perform such services as directed by the Chief Executive Officer and shall receive such salary, subject to the approval of the Board. (e) The Board may appoint such officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, fiscal, legal and other technical experts, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation without regard to chapter 25 of title 3. The bylaws of the Authority may provide for the delegation to its Chief Executive Officer or its other officers, agents or employees of such of the powers and duties of the Authority as the Board may deem proper. (f) The CEO shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The CEO shall be removable by the Board but only for cause and after notice and an opportunity to be heard. (g) All property, personnel, records, contracts, leases, rights, franchises and unexpended balances of appropriations and funds of the Economic Development Bank, the EDC, IPDC and the SBDA, including personnel and funds for personnel on the payroll of the Department of Tourism permanently assigned to one of the enumerated entities, are hereby transferred to the Authority; provided that, any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority, may be terminated by the Authority. (h) Any employee of the Government of the Virgin Islands transferred to and retained by the Authority pursuant to subsection (g) of this section shall be credited by the Authority with the amount of accumulated and current accrued annual leave to which he is entitled under local or federal law, as the case may be, and for which leave such employee has not received lump-sum payment. (i) The Board shall credit employees transferred pursuant to the provisions of subsection (g) of this section with all accumulated sick leave, and shall provide such other benefits equivalent to employees of the Government of the Virgin Islands. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130; amended June 14, 2018, No. 8056, § 12(a), (b), Sess. L. 2018, p. 94.

The Charter of the Authority shall be as follows: FIRST: The existence of the Authority shall be perpetual. SECOND: The principal office of the Authority shall be within the Virgin Islands. THIRD: The purpose for which the Authority is formed, the business or objectives to be carried out and promoted by it and the powers of the Authority are as follows: (A) To concurrently, independently or jointly exercise the functions of the GDB, EDC, IDPC and SBDA in a unified, comprehensive, efficient and economical manner in order to maximize the effectiveness of each operation in a manner designed to promote, stimulate, foster and ensure the economic development of the Territory. (B) To administer the Tax Increment Financing Program established in chapter 22 of this title. (C) To exercise all such incidental powers as may be necessary or convenient for the purpose of carrying on the herein enumerated business, purposes and objectives. FOURTH: The Authority shall also have and exercise the following powers on behalf of itself or its subsidiary corporations and entities: (A) To adopt, have and use a common seal which shall be judicially noticed and to alter the same from time to time. (B) To acquire real or personal property by grant, gift, purchase, devise or bequest, and to hold, lease, mortgage and otherwise exercise the rights of ownership of such property, and to dispose of such property, including by sale, lease or other disposition of such property to any person, including the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands. (C) To acquire any property in the settlement or reduction of debts previously contracted or in exchange for investments previously made in the course of its business, where such acquisition is necessary to minimize or avoid loss in connection therewith, and to hold such property for such periods as the Board may deem advisable and to exercise the rights of ownership of and to dispose of the same. (D) To charge such fees for its services as the Authority deems appropriate. (E) To sue and be sued. (F) To appoint, employ and contract for the services of officers, agents, employees and professional assistants and to pay such compensation for their services as the Authority may determine. (G) To make, and from time to time modify and repeal, bylaws, rules and regulations, pertaining to itself or any of its subsidiary corporations or entities not inconsistent with law, providing for the internal organization and management of the Authority and its subsidiaries, for the administration of its affairs and operations, and for putting into effect the powers and purposes of the Authority. (H) To accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with the United States, any agency, instrumentality, commission, authority or other political subdivision thereof, the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision thereof, and to apply the proceeds of any such grants or loans for any of its corporate purposes; to participate in the programs of the United States or any agency, instrumentality, commission, authority or other political subdivision thereof, and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such entities in achieving the policies and purposes of this chapter; and to enter into agreements with the Government of the Virgin Islands, the United States or any agency, instrumentality, commission, authority or political subdivision thereof. (I) Members of the Board, while acting within the scope of their authority as directors or officers, shall not be subject to any personal or civil liability resulting from the exercise of any of the Authority's purposes, duties or responsibilities, unless the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (J) To have complete control over and exclusively exercise all of the powers, duties and obligations previously granted to, or exercised by the governing boards of the GDB, EDC, IDPC, and SBDA Authority. (K) To exercise such other corporate powers, not inconsistent herewith, as are conferred upon corporations by the laws of the Virgin Islands and to exercise all its powers within and without the Virgin Islands to the same extent as natural persons might or could do. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130; amended June 10, 2008, No. 7004, § 2, Sess. L. 2008, p. 147.

The purpose for which the Authority is created and shall exercise its powers being a public purpose, unless otherwise expressly provided by law, the Authority shall not be required to pay any taxes or assessments on any of the property acquired or to be acquired by it, or on its operations or activities, or on the income derived from any of its operations or activities. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

The Authority shall submit to the Governor and Legislature annually, after the close of its fiscal year, a report of the business of the Authority for the preceding fiscal year. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

The Authority shall keep recordings or written transcripts of all of its proceedings and such recordings or transcripts shall be considered public documents. Transcripts shall be transcribed no later than 30 days after the date of the proceeding during which they were taken, and copies of such transcription or recordings shall be made available within a reasonable time of any request made by a resident of the territory subject to the right of the Authority to charge a reasonable fee for copying or transcription costs. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) All purchases and contracts for supplies for services, except for personnel services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids, sufficiently in advance of opening bids, for the Authority to secure appropriate notice and opportunity for competition. Except that, where the expense estimated to be necessary in connection with the purchase or the expense estimated to be necessary in connection with the purchase or work does not exceed ten thousand ($10,000) dollars the same may be carried out without advertisement for bids. Further, advertisement for bids shall not be required when - (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or services are required for supplies or service previously furnished or contracted for; or (3) professional, financial, (including financial printing) design/build or other expert services or work are required and the Authority shall deem it in the best interest of good administration that contracts therefor be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under law. In such case the purchase of such materials, supplies, or equipment, or procurement of such services, may be made in the open market in the manner usual in commercial practice. In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder's ability to perform work of the kind involved in the contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; and the time of delivery or performance offered. The Authority may prescribe rules and regulations for the submission of bids. (b) Any contract, purchase agreement or other instrument of sale accepted by the Authority shall contain an enforceable performance guarantee by the seller. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) For the purpose of further aiding the Authority in accomplishing its purpose and goals, any department or agency of the Virgin Islands or any political subdivision thereof may, at the request of the Authority and upon such terms, with or without consideration, as the Governor or political subdivision shall determine - (1) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or any rights or privileges therein to the Authority; (2) cause services of the character which it is otherwise empowered to render to be furnished to the Authority. (b) Any sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notices, advertisement or public biding, notwithstanding any other laws to the contrary. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) (1) All moneys of the Authority shall be deposited in qualified depositories for funds of the Government of the Virgin Islands, but they shall be kept in separate accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Board. (2) Notwithstanding paragraph (1) the Authority may contract with the Virgin Islands Public Finance Authority pursuant to 29 V.I.C., section 919 THIRD (E), to manage its investments for a period not exceeding four years. (b) The Authority shall account to the Government of the Virgin Islands in accordance with applicable law for all funds, which the Government may furnish to the Authority, by loan or grant. The Authority shall also account to any Federal agency, if and in the manner required, for any funds that it may have received from any such agency. (c) The Authority shall establish an accounting system for the proper statistical control and record of all expenses and income belonging to or managed or controlled by the Authority. Subject to agreements with bondholders, said system shall, insofar as advisable, segregate the accounts for different classes of operations, facilities, and activities of the Authority; provided, that from time to time the Authority shall have its accounts and books, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its financial condition examined by an independent accountant who shall report thereon to the Board of the Authority and to the Governor and Legislature. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130; amended Apr. 12, 2008, No. 6996, § 6, Sess. L. 2008, p. 50.

Authority; Loans and Grants (a) For the purpose of assisting the Authority with its financing, the Government of the Virgin Islands, to the extent permitted by the Revised Organic Act of 1954, as amended, or any other applicable Federal law, may: (1) guarantee payment of the bonds of the Authority, both as to principal and interest; (2) employ its funds in the purchase of the bonds of the Authority, notwithstanding any provision of any law to the contrary. (b) For the purpose of raising funds to be granted or loaned to the Authority to construct, improve, extend, better, repair, reconstruct, acquire and equip any capital project or other authorized function of the Authority, the Government of the Virgin Islands may- (1) borrow money, make and issue bonds or other evidence of indebtedness, and secure such bonds or other obligations by pledge of the Government's credit and taxing power, as provided for in section section 8 of the Revised Organic Act of 1954ed; and (2) make or issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued, granted or assumed by it in pursuance of this section. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 409.

An injunction shall not be granted to prevent the application of this chapter or any part thereof. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

No officer, board, commission, department or other agency or political subdivision of the Virgin Islands shall have jurisdiction over the Authority in the management and control of its properties and facilities, or any power over the regulation of rates, fees, rentals and other charges to be fixed, revised and collected by the Authority, or any power to require any certificate of convenience or necessity, license, consent, or other authorization in order that the Authority may acquire, lease, own, operate, construct, maintain, improve, extend or enlarge any facility. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

Nothing in this chapter shall be construed as exempting the Authority from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on or after the creation of the Authority or any of its subsidiaries. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

If any provisions of this chapter or the application of such provisions to any person or circumstance shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130.

(a) The Board of Directors of the Authority shall administer the business of its subsidiary entities, the Economic Development Commission (EDC), Government Development Bank (GDB), Small Business Development Agency (SBDA), Industrial Development Park Corporation (IDPC) and the Enterprise Zone Commission (EZ). Each subsidiary may act with authority to determine matters concerning personnel, hiring, discipline and discharge and such other administrative matters as may be expressly set forth by the Board; and any matter regarding the policy or the granting, denial, suspension, revocation or alteration of benefits, loans, financing or other substantive functions. (b) The Board may establish such other committees and subcommittees as it determines necessary or convenient for the performance of its duties and functions. (c) All contracts entered into by the GDB, SBDA, EDC, or IPDC are hereby transferred to the Economic Development Authority and shall be enforceable by or against the Authority to the same extent it could have been enforced by or against the predecessor in interest. (d) Deleted. History: Added Feb. 1, 2001, No. 6390, § 17, Sess. L. 2000, p. 130; amended Oct. 13, 2014, No. 7651, § 3, Sess. L. 2014, p. 255.

(a) There is established in the Treasury of the Government of the Virgin Islands a fund to be known as the "Economic Development Fund" (hereinafter the "Fund"). The Governing Board of the Authority shall provide for the administration of the Fund, and no amounts therein shall be available for expenditures except as provided under this section. (b) The fund shall consist of the following: (1) Notwithstanding any other law, all funds currently existing in the Insurance Guaranty Fund as established under title 33, section 3061 of this Code as of the enactment date of this Act up to $30,000,000 which amount shall be substituted in the Insurance Guaranty Fund with a financial instrument of equivalent value including a standby letter of credit, surety bond, re-insurance certificate or any other such instrument as deemed appropriate by the Governor; (2) Any amounts transferred as a result of the authorization that is hereby given for the Governor to seek federal approval of a one-time transfer of up to $10,000,000 from the Unemployment Insurance Trust Fund, as established under title 24, section 310, of this Code; (3) Low-interest loans of up to $50,000,000 attained through the authorization that is hereby given to the governing board to secure from the United States Department of Commerce and the United States Department of Agriculture; (4) The proceeds from the refinancing and refunding of the 1999 series A revenue bonds in the amount of $300,000,000 for working capital or advance interest rate swap as contemplated through the authorization that is hereby granted to the Governor; (5) As much as permitted by law, Community Development Block Grant funds; (6) Any money appropriated thereto, from time to time, by the Legislature; and (7) gifts and contributions. (c) Money in the Fund shall be leveraged and utilized for the following purposes: promoting the economic development of the Virgin Islands as provided for and is within the authority of the Economic Development Authority as provided under this Code. The Authority shall also provide a guarantee for project financing of not more than $10,000,000 to establish an airline hub on St. Croix. For the purposes of this section leveraging shall mean increasing the value of the principal amount to finance debt. (d) The maximum amount of the debt to be guaranteed shall not exceed $600,000,000. (e) The Fund should be rated by a nationally recognized rating entity such as; Moody's, Standard and Poor's or Fitch. (f) The Authority shall make available to the Legislature and the Governor at least twice a year, a detailed description of the expenditures and money available in the Fund. History: Added Dec. 1, 2001, No. 6479, § 23, Sess. L. 2001, p. 329.

(a) There is established under the control of the Economic Development Authority the "Economic Hardship Package" to provide low interest loans to small businesses to help secure their financial viability. (b) Loans shall be provided at a 3% interest rate to qualifying businesses. (c) Notwithstanding any other law to the contrary or the provisions of § 1116, funds shall be made available to finance these loans from the Economic Development Fund. (d) The Authority shall promulgate rules and regulations to establish qualification guidelines and any other rules and regulations it deems necessary for the implementation of this measure within six months of enactment of this Act. History: Added Sept. 17, 2012, No. 7394, § 2, Sess. L. 2012, p. 244.

For the purposes of this chapter, the term: (a) "Assessor" means the Tax Assessor, or such other person or office responsible for assessing the value of real property. (b) "Authority" means the Virgin Islands Economic Development Authority established under chapter 21 of title 29 of the Virgin Islands Code. (c) "Available gross receipts tax revenue" means the proceeds of the gross receipts taxes paid to the Virgin Islands Bureau of Internal Revenue for deposit into the General Fund of the Government pursuant to 33 Virgin Islands Code chapter 3 section 43; excluding the first $250,000 of the tax collected during each Fiscal Year which is required to be deposited into the Moderate Income Housing Fund pursuant to title 33 Virgin Islands Chapter 111 section 3027(a)(3), including any penalties and interest charges, in excess of the amount of such revenues which is required to be remitted as security for the payment of bonds, issued pursuant to Act No. 6514, that are secured by such gross receipts taxes. (d) "Available real property tax revenues" means the revenues resulting from the imposition of the tax provided for in 33 Virgin Islands Code chapter 81 section 2302 and payments in lieu of real property taxes, exclusive of the portion required to be deposited in the St. John Capital Improvement Fund and the Housing Trust Fund under chapter 81 of Title 33. (e) "Capital improvement" means those improvements that are treated as capitalized expenses according to generally accepted governmental accounting principles. (f) "Current assessed value" means for any tax year, the assessed value of each lot of taxable real property within a Tax Increment Financing (hereinafter "TIF") area as then recorded on the land records of the Government of the Virgin Islands as of the end of the preceding tax year. (g) "Designated gross receipts tax increment" means the amount of percentage and priority of available gross receipts tax revenues as determined by the Authority prior to the issuance of a series of TIF bonds. (h) "Development costs" means any actual or estimated cost for a project; (1) Costs of studies, surveys, plans and specifications, including professional service costs for architectural, accounting, engineering, legal, marketing, financial and planning services; (2) Property assembly costs, including acquisition or leasing of land and other property, real or personal, or rights or interests in property, demolition of buildings and other structures, remediation of environmental hazards, and the clearing and grading of land, in each case within the TIF area or as necessary for rights-of-way or other easement to or from the TIF area; (3) Costs of construction, preservation, rehabilitation, reconstruction, repair or remodeling of new or existing public or private buildings, structures and fixtures, in each case within the TIF area, and costs of any public works or improvements undertaken by, or at the direction of the Government of the Virgin Islands or any other government unit. (4) Costs of parking and transportation facilities, pedestrian walkways and parks that are owned by the Government of the Virgin Islands or any other government unit or are privately owned, in each case within the TIF area or as necessary for rights-of-way or other easements to or from the TIF area; (5) Costs of construction of new public or privately owned low to moderate income housing units and community facilities within a TIF area and costs of preservation, rehabilitation, reconstruction, repair or remodeling of public or private buildings for use as housing units and community facilities within a TIF area; (6) Costs of maintaining and operating public works and improvements within the TIF area or as necessary for rights-of-way or other easements to or from the TIF area; (7) Financing costs, including but not limited to all expenses related to the issuance of TIF bonds, principal of and interest and any premium on TIF bonds, TIF bonds reserves, credit enhancements, and costs related to the performance by the PFA of its covenants agreements within the holders of its TIF bonds; (8) Working capital and working capital reserves directly related to the development of a TIF infrastructure project; and (9) Administrative costs of the PFA and the Authority in certification of the Project and issuance of TIF bonds pursuant to this subchapter; and (10) Costs of construction, maintenance and repair, upgrade, and operation of any improvement that generates electricity from any renewable sources including without limitation the following: A. wind; B. closed-loop biomass; C. open-loop biomass; D. geothermal energy; E. solar energy; F. municipal solid waste; G. hydropower; and H. marine and hydrokinetic renewable energy. Provided however, that electricity from renewable sources shall only be used within the TIF area or sold directly to the United States Virgin Island Water and Power Authority. Sale to any other party other than the United States Virgin Island Water and Power Authority outside of the TIF area is prohibited. (i) "Development sponsor" means any organization or person that seeks to undertake, a TIF project. (j) "District" means any geographic area within the Virgin Islands, including but not limited to St. John, St. Thomas, St. Croix, and Water Island. (k) "Eligible project" means a project that has been certified by the Authority as complying with the requirements set forth in this chapter. (l) "Gross receipts tax increment revenues" means the portion of the available gross receipts tax revenues constituting a designated gross receipts tax increment and allocable to one or more tax increment trust funds pursuant to this chapter. (m) "Increment revenues" means gross receipts tax increment revenues and/or real property tax increment revenues, and, if applicable, Designated Casino Tax on Gross Revenues, Designated Hotel Room Occupancy Tax, and Economic Recovery Fees as those terms are defined in the Hotel Development Act, chapter 23, section 1303, subsections (c), (d), and (f) of this title. (n) "Initial assessed value" means the assessed value of each lot of taxable real property within a tax increment area on the date determined by the Authority as set forth in this chapter. (o) "PFA" means the Virgin Islands Public Finance Authority authorized pursuant to Chapter 15 of title 29 of the Virgin Islands Code. (p) "Project" means any capital improvement undertaken within a TIF area or within rights-of-way or other easements that are individually or collectively contiguous with the TIF area to develop the infrastructure of the TIF development or low to moderate housing or a "Project" as defined in chapter 23, section 1303(n) of this title. (q) "Real property tax increment revenues" means the portion of the available real property tax revenues levied and collected within a TIF area on the positive difference, if any, of current assessed value over the initial assessed value and allocable to one or more tax increment trust funds pursuant to this chapter. (r) "Tax increment development plan" means a land use and land development plan for a TIF area. (s) "Tax increment trust fund" means a trust fund established for a TIF area pursuant to this chapter. (t) "TIF area" means a specific geographic area designated within the District pursuant to this chapter for development using tax increment financing under this chapter. (u) "TIF bonds" means tax increment financing bonds, notes or other obligations issued by the PFA pursuant to this chapter. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 127-130; amended June 19, 2012, No. 7369, June 19, 2012, No. 7369, § 6, Sess. L. 2012, pp. 109-110, Sess. L. 2012, p. 109- 110; amended Apr. 4, 2018, No. 8031, § 1(1)-(3), Sess. L. 2018, p. 15, 16; amended Jan. 18, 2020, No. 8263, § 1(a)(1)-(6), Sess. L. 2019, p. 166, 167.

(a) The TIF Program: (1) may use tax incremental financing for the financing of capital improvements in areas where a finding has been made by the Authority, and approved by the Legislature where the need for tax increment financing has been documented to be significant in enhancing the economic viability of the project, but may not be used to supplant existing private investment or government funds for such projects. (2) must, to the extent practicable, work in conjunction with existing programs and efforts such as Virgin Islands EnterVirgin Islands Enterprise Zone Actrvation and other economic development efforts; (3) must address the need for residential and neighborhood treatment, capital improvements to neighborhood public schools, as well as commercial and industrial development; (4) must, to the maximum extent feasible, allow full, public knowledge and participation in the decision making under this chapter; (5) must promote conservation, preservation, environmental protection and rehabilitation while demolition, clearance and relocation must be minimized where possible; and (6) must develop and apply clear standards, criteria and threshold limits that are applicable to all similar property and areas. (b) TIF may only be used under the parameters established in subsection (a). History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 130, 131; amended Jan. 18, 2020, No. 8263, § 1(b), Sess. L. 2019, p. 167.

(a) The Authority has the following powers with respect to tax increment financing: (1) To make and execute contracts, and all other instruments desirable, convenient or necessary for the exercise of its powers and functions under this chapter, including agreements with note holders, bondholders, guarantors, or other interested in any matters pertaining to TIF bonds, including limitations of the activities and indebtedness of the Authority; (2) To prepare or cause to be prepared a tax increment development plan for a TIF area and to modify such plan from time to time as the Authority considers necessary or appropriate following a hearing and certification of project eligibility and the tax increment development plan as set forth in § 1209 of this chapter; (3) To contract with any department, agency or instrumentalities of the Government of the Virgin Islands or with any person, firm, partnership, corporation, development company or other entity to monitor TIF projects' progress and compliance with their respective TIF Plans and TIF agreements; (4) Any agency, development company or other entity with which the Authority contracts under subparagraph (3) must have experience in land use planning, land development and management of developments similar to the project to be monitored in type and scope, and expertise in financial feasibility analysis; (5) To make recommendations to the Department of Public Works or Office of Highways and Motor Vehicles, as applicable, with respect to the planning, replanning, opening, dedicating, creation or closing of private or public streets, roads, roadways, alleys, sidewalks and other rights of way in compliance with applicable rules and regulations, and to provide and furnish, or contract with the Government of the Virgin Islands or any other department, agency or instrumentalities or others for the providing and furnishing of any public facilities or services, including local transportation facilities in connection with a development project, provided that where the Virgin Islands Water and Power Authority supplies utility service or services within the area comprising the project shall not provide or furnish or contract for the providing and furnishing of such service and services without the consent of the Virgin Islands Water and Power Authority; (6) To make recommendations to the Department of Planning and Natural Resources for the creation of land use restrictions, building restrictions and architectural and aesthetic controls by covenants, declarations, and regulations or otherwise on any real property comprising a project; (7) To make available to the federal government, the Government of the Virgin Islands, or any appropriate department, agency or instrumentality, the recommendations of the Authority affecting any TIF area or property therein, which it may consider likely to promote the public health, morals, safety, or welfare; (8) To exercise the power of eminent domain for the purpose of forwarding the objectives of a tax increment development plan, such power of eminent domain to be utilized whenever necessary to carry out the purposes of this chapter, except that eminent domain may not be exercised to take real property containing lawfully occupied dwelling units for any purpose, including any public purpose; and (9) To grant tax benefits to the Project pursuant to cchapter 12or cchapter 23of this title, and to allow tax exemptions pursuant to cchapter 12 that exclude Increment Revenues, but include tax exemptions for non-Increment Revenues, in order to permit such Increment Revenues to be used to secure TIF Bonds; and (10) To do all things necessary or convenient to carry out the purpose of this chapter and exercise the powers given and granted in this chapter. (b) The Authority shall make express findings by resolution that it believes that the activity in question and the benefits to be derived from the project will (1) promote significant opportunities for employment of its citizens; (2) attract new business enterprises within the TIF areas; (3) retain or expand an existing business enterprise in the TIF area; (4) provide affordable housing in or near the TIF area; (5) increase revenues to the Government through increased real property taxes and/or gross receipt taxes; (6) be beneficial to the general economic development of the TIF area as set forth in such resolution; (7) be less likely to be developed without TIF; and (8) where applicable, a feasible method exists for the compensation of individuals, families and small businesses that may be displaced by the project and for their relocation to decent, safe, and sanitary dwelling accommodations within their means without undue hardship to the individuals, families and businesses. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 131-133; amended Jan. 18, 2020, No. 8263, § 1(c)(1)-(5), Sess. L. 2019, p. 167.

The PFA have the following powers with respect to tax increment financing: (i) To make contracts, incur liabilities, borrow money at such rates of interest, maturities and on such other terms and conditions as the PFA, in consultation with the Authority, may determine, issue its notes, bonds and other obligations, as authorized by Section 922, title 29, chapter 15 of the Virgin Islands Code and secure any such obligations by mortgage, deed, of trust, security agreement or other pledge of all or any of its real or personal property or any interest therein, whether then owned or thereafter acquired, and to pledge the revenues and receipts from all or any of such real or personal property and to assign or pledge the income received by virtue of the lease or leases and, subject to the provisions of any contract with noteholders, bondholders, or guarantors, to consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest secured or any other term, of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the PFA is a party; (ii) In connection with any property on which it has made a mortgage loan or otherwise holds a lien or security interest, to foreclose on any such property or commence any action or protect or enforce any right conferred upon it by any law, mortgage, security agreement or other agreement and to bid for and purchase such property at any foreclosure or at any other sale or otherwise acquire or take possession of any such property; and in such event the PFA, may complete, administer, pay the principal of and interest on any obligations incurred in connection with such property, dispose of and otherwise deal with such property in such manner as may be necessary or desirable to protect the interest of the PFA therein; (iii) To make available to the federal government, the Government of the Virgin Islands, or any appropriate department, agency or instrumentality, the recommendations of the PFA affecting any TIF area or property therein, which it may deem likely to promote the public health, morals, safety, or welfare; and (iv) To do all things necessary or convenient to carry out the purposes of this chapter and exercise the powers given and granted in this chapter. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 133, 134.

(a) To be eligible for TIF, a development sponsor of any proposed project shall apply to the Authority for certification that the project complies with the requirements of this chapter. The application must contain a preliminary development plan for the project which consists of the following: (i) A delineation of the proposed TIF area; (ii) A description of the proposed land uses of the project; (iii) The use of the financing proceeds made available pursuant to this chapter; (iv) A pro forma projection of the revenues and the expenses of the project; (v) An assessment of the financial feasibility of the project; (vi) A description of the timing and phasing of the project; (vii) A description of the project's compliance with all provisions and requirements of all applicable environmental, development and land use laws; and (viii) An analysis of the projected tax revenue and benefits to be generated by the project as set forth in an independent financial assessment; (b) The Authority shall establish reasonable administrative fees for processing applications. (c) After the receipt of an application that meets the criteria set forth in subsection (a), the Authority shall certify or reject the project. In determining whether to certify the project, the Authority shall consider the following criteria: (i) Whether the project is financially feasible; (ii) Whether the project will likely result in a net increase in the taxes payable to the Government of the Virgin Islands taking into consideration income taxes, franchise taxes, real property taxes and other applicable taxes, without regard to the real property tax increment revenues from such taxes to be applied to payment of the TIF bonds and without regard to any exemptions granted by the Authority as to non-tax increment revenues under any other chapter of this title, and other taxes, if applicable, over the amount that would have been payable to the Government of the Virgin Islands in the absence of the project; (iii) Whether the project's total anticipated benefits to the Government of the Virgin Islands, including public benefits as well as financial benefits, exceed the total anticipated costs to the Government of the Virgin Islands; and (iv) Whether an allocation, dedication or contribution of increment revenues will compete with or supplant benefits from other sources or other means that are otherwise available for the project on reasonable terms and conditions, without regard to any tax exemptions granted by the Authority to non-tax increment revenues under any other chapter of this title. (d) (1) If, upon consideration of the criteria set forth in subsection (b) and following the public hearing required pursuant to section 1206, and incorporation of any recommendations from the hearing, the Authority decides to certify the project for approval by the Legislature, the Authority shall enter into negotiations with the development sponsors to determine the metes and bound boundaries of the TIF area, details of increment revenues to be allocated, the type of tax to be allocated, and the terms and conditions of any agreement between the Authority or the Government of the Virgin Islands and the development sponsor. (2) If the project does not comply with the criteria, the Authority shall so notify the development sponsor in writing stating the areas the project fails to meet the criteria. The Authority shall allow the development sponsor up to 60 days to comply and cure any defects. (e) Upon approving the project, the Authority may require the project sponsor to reimburse the Authority for all or any part of the costs of the independent financial assessment conducted in reviewing the application and any other related costs incurred. (f) When a project is certified by the Authority pursuant to subsection (c), the Authority shall determine the date to be set for the initial property tax assessment in the TIF area. Thereafter, the Assessor shall, upon request of the Authority, promptly determine and certify the initial assessed value of each lot of taxable property within the TIF area. (g) The Chairman of the respective island, Virgin Islands Coastal Zone Management Committee; the Commissioner of the Department of Planning and Natural Resources; the Attorney General for the Virgin Islands; the Commissioner of the Virgin Islands Department of Housing, Parks and Recreation; the Virgin Islands Housing Finance Authority; the Virgin Islands Water and Power Authority; the Tax Assessor; and any other relevant department or instrumentality of the Government of the Virgin Islands shall furnish to the Authority information and certificates as may be required by the Authority to confirm a project's compliance with the criteria enumerated in subsection (c) of this section. (h) Subject to the consent of each development sponsor of a project within the affected TIF area and the rights of the holders of its TIF bonds, the TIF area, may be abolished or merged or have altered boundaries as provided by law. (i) The Authority, in conjunction with the PFA, shall impose reasonable fees in connection with the issuance of the TIF bonds to defray the costs incurred as a result of the determination of the tax increment allocation and the issuance of the TIF bonds. (j) The Authority may promulgate rules and regulations to implement the provisions of this section. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 134-137; amended Jan. 18, 2020, No. 8263, § 1(d)(1), (2), Sess. L. 2019, p. 167, 168.

(a) Following the submission to the Authority of an application for tax increment financing under section 1204(a), the Authority shall call a public hearing concerning the suitability of the proposed project for TIF area. The hearing must be held within the District in which the project is proposed to be located. (b) The Authority shall publish notice of the hearing in a newspaper of general circulation in the District in which the project is to be located at least 14 days before the day on which the hearing is to be held. (c) The notice must describe the time, date, place and purpose of the hearing, must generally identify the area covered by the plan, and must outline the general scope of the proposed project. (d) If at the hearing the Authority certifies the project, the Authority shall adopt a resolution setting forth its decision, and transmit a copy of the resolution to the Governor and the Legislature. (e) A certificate setting forth the findings by the Authority and designating an area a TIF area, including the metes and bounds of the area within which the project is to be located, must be signed by the Chairperson of the Authority and filed in the Office of the Recorder of Deeds for the district in which the property is located and there remain of record. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, p. 137.

(a) The Authority shall establish for each TIF area a tax increment trust fund. Funds allocated to and deposited into the fund must be made available to the Authority and the PFA, as security or otherwise, to finance or refinance any eligible project or TIF bond the Authority undertakes pursuant to the approved tax increment development plan. (b) Neither the Authority nor the PFA may expend, commit to expend, or pledge an interest in amounts held in the tax increment trust fund, or its respective right to receive any increment revenues pursuant to this section, unless: (1) The Authority approves the tax increment development plan, as pursuant to Section 1208 which must specify the precise metes and bounds of the TIF area and the maximum principal amount of TIF bonds that the PFA may incur in connection with undertaking the project that is to be secured in whole or in part by increment revenues on deposit from time to time in the tax increment trust fund; and (2) A projection of the amount of increment revenues that are reasonably expected to accrue from within the TIF area has been prepared by the Authority, showing that the increment revenues will be sufficient in amount to pay when due costs of or debt service on any TIF bonds issued by the PFA and to pay the development costs from the tax increment trust fund. The Authority shall engage an independent appraiser to certify that the appraisal practices constituting the basis for such projection comply with current prevailing appraisal standards and procedures. (c) The dedication and contribution of increment revenues may not impair existing obligations of the Government of the Virgin Islands or the Authority and may not include tax revenues the contribution of which would violate the Revised Organic Act of the Virgin Islands. (d) Upon the adoption of the resolution by the Authority pursuant to section 1205 and following the enactment of law approving the TIF project as provided in section 1210 of this chapter, the Tax Assessor and the Director of the Internal Revenue Bureau, as applicable, shall, transfer to the PFA, for deposit in the tax increment trust fund, or directly to the trustee of the TIF bonds for deposit into the funds and accounts held by the Trustee for the benefit of the bond holders, all increment revenues to such TIF bonds until the certification by the PFA or the trustee that all development costs to be paid from the tax increment trust fund, including the payment of TIF bonds, have been paid or provided. (e) While any TIF bonds remain outstanding the millage may not be reduced, if the reduction would materially impair the ability of the PFA to pay any development costs to which increment revenues have been pledged or otherwise committed by the Authority, including the timely payment of debt service on TIF bonds. Any reduction in millage must be conclusively determined to be immaterial if, in the written opinion of a financial or econometric expert or firm of financial or econometric experts nationally recognized as having experts nationally recognized as having expertise in matters of real property taxation and finance, such reduction in millage will not result in the inability of the PFA to pay such development costs and timely debt service on TIF bonds than outstanding. (f) TIF bonds of every issue may, by their terms, be payable solely out of the increment revenues pledged to and received in connection with an approved project and deposited to the tax increment trust fund. The lien created to secure the TIF bonds may not attach to any other assets of the PFA, the Authority, or the Government of the Virgin Islands and are special limited obligations of the PFA, payable solely from the pledged increment revenues, unless otherwise secured by the project sponsors. The lien may not attach to any moneys constituting increment revenues until such moneys are collected by the Director of IRB or the Tax Collector. The holders of TIF bonds have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such TIF bonds. (g) TIF bonds issued by the PFA under this chapter may not be construed to constitute a debt, liability or obligation of the Government of the Virgin Islands or any instrumentality of the Government, and all such TIF bonds must contain on their face a statement to the effect that neither the full faith and credit nor the taxing power of the Government of the Virgin Islands or of any instrumentality of the Government, is pledged to the payment of the principal of, or the interest on any premium on such bonds. (h) Moneys in the tax increment trust fund may be expended from time to time for the following purposes, when directly related to financing or refinancing of a project pursuant to an approved tax increment development plan: (1) Administrative and overhead expenses necessary or incidental to the implementation of a tax increment development plan adopted by the Authority; (2) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the Authority for such expenses incurred before the tax increment plan was approved and adopted; (3) The acquisition of real property in the TIF area; (4) The clearance and preparation of the TIF area for redevelopment and relocation of site occupants; (5) The payment of principal and interest and any premium on the TIF bonds; and (6) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of TIF Bonds, including funding of any reserve, redemption, or any other fund or account provided for in the PFA's resolution authorizing such TIF bonds. (i) On the last day of each fiscal year of the Government of the Virgin Islands, any money that remains in the tax increment trust fund after payment of the expenses under subsection (h) must be to the extent permitted under the agreements with the holders of such TIF bonds, (1) applied to reduce the amount of any TIF bonds to which increment revenues are pledged or used to fund reserve accounts for such project or bonds; or (2) except as otherwise provided in subsection (1) of this section, returned to the General Fund, but only if no TIF bonds remain outstanding and the PFA shall have certified that all development costs to be paid from the tax increment trust fund have been paid or provided for. (j) The trustee of each tax increment trust fund, or its collecting agent shall be a trust company having a place of business within the Virgin Islands. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 137-140; amended Apr. 4, 2018, No. 8031, § 1(4), (5), Sess. L. 2018, p. 16; amended Jan. 18, 2020, No. 8263, § 1(e)(1), (2), Sess. L. 2019, p. 168.

Modification (a) After the filing of the certificate of the Chairperson of the Authority pursuant to section 1204, the Authority shall prepare or cause to be prepared a tax increment development plan for the TIF area after review of the proposed provisions of the plan by the agencies or departments as the Authority considers appropriate. After preparation of the tax increment development plan, the Authority shall submit the plan to the Governor. (b) The development plan must contain: (1) A statement of the relative amounts and proportions of proposed public, semi-public, private or community facilities or utilities including but not limited to major arterial street systems, parks, recreational facilities, shoreline development, water and drainage systems and health and educational facilities; (2) If the plan authorizes the issuance of bonds to be repaid in whole or in part from the allocation of real property tax increment revenues the plan shall establish a limit on the amount of bonded indebtedness which can be outstanding at one time without an amendment of the plan; (3) Such additional statements or documentation as the Authority may consider necessary or appropriate; (c) Every development or redevelopment plan must show by diagram and in general terms: (1) The approximate amount of open space to be provided and street layout. (2) Any limitations on type, size, height, number, and proposed use of buildings; (3) The approximate number of dwelling units; and (4) The property to be devoted to public purposes and the nature of such purposes. (d) Upon the adoption by the Authority of its resolution approving the tax increment development plan, the Authority shall file the resolution and the tax increment development plan as a public record in the Office of the Recorder of Deeds for the District in which the property is located and any conveyance, encumbrance or contract may incorporate provisions thereof by reference, which must afford notice thereto to all parties. (e) (1) Subject to pparagraph (2) the Authority may modify a TIF development plan at any time before legislative approval, but any modification after sale or lease of real property for development in the TIF area or following the public hearing required in section 1205, is subject to any rights a lessee or purchaser may have acquired by virtue of such lease or purchase, and any material modification to the tax increment development plan requires a new public hearing as provided in pparagraph (2) No public hearing is required for any modification that is not a substantial modification under pparagraph (2) but the Authority shall give notice as provided in section 1205(b) of any insubstantial modification. (2) Modifications that (A) alter the exterior boundaries of TIF area, (B) substantially affect the general land uses established pursuant to the TIF development plan, (C) substantially change the nature of the economic development project, (D) substantially change the general description of any property to be located or improved within the TIF area, or (E) substantially change the description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved within the TIF project area, may be made only after notice and hearing pursuant to the procedures set forth in section 1205. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 140-142; amended Jan. 18, 2020, No. 8263, § 1(f)(1), (2), Sess. L. 2019, p. 168.

(a) The real property tax increment revenues and the gross receipts tax increment revenues that are declared to be dedicated pursuant to this chapter to the payment of debt service on TIF bonds, the provision and maintenance of reserves, and the payment of development costs constitute increment revenues as defined in section 1202 of this chapter. (b) The PFA may issue TIF bonds to finance development costs of eligible projects approved pursuant to this chapter. TIF bonds may be issued to refund other TIF bonds issued pursuant to this chapter. TIF bonds may not be issued in an amount exceeding the total costs of implementing the tax increment financing plan for which they were issued. (c) The PFA may execute such financing documents as may be necessary or appropriate for the issuance, security, and administration of TIF bonds, investment of proceeds and moneys in the accounts provided for in, or pursuant to this chapter, and the application of the proceeds of the TIF bonds and the moneys and investments in such accounts, and for the purposes set forth in section 1204 of this chapter, including financing documents with development sponsors. (d) (1) To secure the full and timely payment of TIF bonds issued under this chapter in accordance with their respective terms, all such TIF bonds for a Project shall be secured upon issuance by a statutory lien on all Increment Revenues from such Project. The lien shall arise solely by force of this chapter specifically upon the issuance of any TIF bonds issued after the effective date of this chapter, and shall automatically attach without further action or authorization by the Government, the Authority, or the PFA. The lien shall be valid and binding from the time the Increment Revenues are received and the lien shall immediately attach to the Increment Revenues and be effective, binding and enforceable against the Government, the Authority or the PFA, as applicable, their respective successors, transferees, or creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. The statutory lien shall remain in effect so long as any TIF bond remains outstanding. (2) The Government, the Authority and the PFA are hereby authorized and directed to covenant and agree for the benefit of the holders of the TIF bonds outstanding from time to time that for so long as any TIF bonds remain unpaid, the Government, the Authority and the PFA shall defend, preserve and protect such statutory lien against all claims and demands of third parties, and not revoke, terminate or amend such statutory lien in any way that materially adversely affects the rights of any holder of TIF bonds. (3) In the event a development sponsor is financing a Project that could be financed with the proceeds of TIF bonds and the proceeds of bonds issued under the provisions of the Hotel Development Act (title 29, chapter 23 of the Virgin Islands Code), the PFA is hereby authorized, as the issuer of TIF bonds under this chapter, to additionally secure its TIF bonds with the Designated Casino Tax on Gross Revenue, the Designated Hotel Room Occupancy Tax and the Economic Recovery Fee that are authorized to be pledged to the payment of Hotel Development Notes thereunder as if the PFA was an authorized issuer of Hotel Development Notes under the Hotel Development Act. Conversely, any authorized issuer of Hotel Development Notes under the Hotel Development Act is hereby authorized to additionally secure its Hotel Development Notes with the real property tax increment revenues and the gross receipts tax increment revenues that are declared to be dedicated pursuant to this chapter to the payment of debt service on TIF bonds as if such issuer was the PFA hereunder. (e) [Deleted.] History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 142, 143; amended Apr. 4, 2018, No. 8031, § 1(6), Sess. L. 2018, p. 16; amended June 14, 2018, No. 8056, § 17, Sess. L. 2018, p. 95; amended Jan. 18, 2020, No. 8263, § 1(g)(1), (2), Sess. L. 2019, p. 168, 169.

(a) Upon completion of negotiations with the development sponsor and holding of the required public hearing, the Authority shall submit the certified tax increment development plan to the Legislature of the Virgin Islands for its approval. The submission must include a description of the project, a listing of the public benefits to be derived from the project, the portion of real property tax increment or gross receipts tax increment to be allocated to the project, a summary of the terms of the TIF bonds to be issued with respect to the project and a copy of the TIF development plan. (b) No TIF area or TIF project may be established or financed under this chapter unless the Legislature enacts legislation establishing the metes and bounds of the TIF area, approving the TIF project and establishing the maximum principal amount of the TIF bonds, the maximum interest rate, the date of maturity of the bonds, maximum duration of the TIF area and the scope of the development. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, p. 143.

A series of TIF bonds may be secured by a trust agreement or trust indenture between PFA and a corporate trustee having trust powers, or by a secured loan agreement or other instrument giving power to the corporate trustee by means of which PFA may do the following: (a) Make and enter into any and all agreements and covenants with the trustee or the holders of the TIF bonds that PFA may determine to be necessary or desirable including, without limitation, covenants and agreement as to. (1) the application, investment, deposit, use and disposition of the proceeds of TIF bonds and the other securities and property; (2) the assignment by PFA of its rights in any agreement; (3) terms and conditions upon which additional TIF bonds of the Authority may be issued by the PFA; but the term of any TIF bonds may not exceed 30 years from the date of issuance; (4) providing for the appointment of a trustee to act on behalf of bondholders to appoint a trustee; and (5) vesting in a trustee, for the benefit of the holders of TIF bonds, or in the bondholders directly, such rights and remedies as PFA determines. (b) Pledge, mortgage or assign monies agreements, property or other assets of the Authority or the Government of the Virgin Islands, either presently in hand or to be received in the future, or both. (c) Provide for bond issuance and letters of credit, or otherwise enhance the credit of and security for the payment of its TIF bonds; and (d) Provide for any other matters of like or different character that in any way affects the security for or payment of the TIF bonds. (1) Pursuant to authority granted in ssection 8(b) of the Revised Organic Actof the Virgin Islands the TIF bonds issued by the PFA under this chapter are exempt as to principal and interest from the taxation by the Government of the Virgin Islands. (2) (A) The Government of the Virgin Islands pledges to contract and agree with the holders of any TIF bonds issued pursuant to this chapter that, subject to the provisions of the financing documents, the Government of the Virgin Islands will not limit or alter the basis upon which available gross receipt taxes are received, allocated, applied and pledged pursuant to this chapter; will not impair the contractual obligations of the PFA to fulfill the terms of any agreement made with the holders of the TIF bonds, will not in any way impair the rights or remedies of the holders, and will not in any way impair the exemptions from taxation provided for in this chapter, until the TIF bonds and the interest on the TIF bonds, with interest on any unpaid installment of interest and all costs and expenses in connection with any suit, action or proceeding by or on behalf of the holders, are fully met and discharged. (B) The PFA shall include this pledge and agreement of the Government of the Virgin Islands as part of the contract with the holders of any of its bonds. This chapter constitutes a contract between the Government of the Virgin Islands and the holders of the TIF bonds authorized by this chapter. (C) To the extent that any acts or resolutions of the Authority may be in conflict with this chapter, this chapter is controlling. (e) Any pledge made by the PFA in respect of its TIF bonds is valid and binding from the time the pledge is made. The money or property so pledged and thereafter received is immediately subject to the lien of the pledge without physical delivery or further act, and the lien of the pledge is valid and binding as against all parties having any claim of any kind in tort, contract or otherwise against PFA irrespective of whether the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created is required to be recorded or filed under the provisions of the Uniform Commercial Code to be valid, binding, and effective against the parties. (f) Not later than July 1 of each year that TIF bonds are outstanding, the Authority shall submit a report to the Board of the Authority and the Legislature of the Virgin Islands with respect to the operations, finances and achievement of the economic development objectives of the projects approved under this chapter. The Authority shall review and evaluate the progress of each eligible project and devise and employ techniques for forecasting and measuring relevant indices of accomplishment of its goals of economic development, including, but not limited to: (1) the actual expenditures compared to original estimated costs; (2) whether there have been significant cost increases over the original estimates; (3) the number of jobs created, or to be created, by or as a result of the eligible project; (4) the cost or estimated cost, to the Authority, involved in the creation of those jobs; (5) the amount of private capital investment in, or stimulated by the project, in proportion to the public funds invested in such project; (6) the number of additional businesses created and associated jobs; and (7) any impact on tourism. (g) Not later than July 1 of each year that TIF bonds are outstanding, the Authority shall obtain an independent financial status report on each project approved under this chapter. The independent financial analysis must include, but not be limited to, determinations as to whether the incremental real property taxes and gross receipts taxes actually generated by the project are equal to the estimates made at the time the eligible project was approved, whether the project employment statistics are equal to the projected estimates, whether the eligible project is economically viable and whether the TIF bonds issued are self-sustaining with the real property tax increment revenues actually collected and other financing sources dedicated to repayment of the TIF bonds. The Authority may require the development sponsor to reimburse the Authority for the costs of the annual analyses. The Authority shall make the results of the analyses available to the Legislature. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 143-146; amended Jan. 18, 2020, No. 8263, § 1(h)(1), (2), Sess. L. 2019, p. 169.

If there is a default in the payment of the principal of or interest on any TIF bonds of a series after the principal or interest becomes due and payable, whether at maturity or upon call for redemption, or if the PFA or the Government of the Virgin Islands fails or refuses to carry out and perform the terms of any agreement with the holders of any of the TIF bonds; then the holders of the TIF bonds, or the trustee appointed to act on behalf of the holders, may, subject to the provisions of the financing documents, do the following: (a) By action, writ, or other proceeding enforce all rights of the holders of the TIF bonds, including the right to require the PFA to carry out and perform the terms of any agreement with the holders of the TIF bonds or its duties under this chapter; (b) By action, petition to enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the TIF bonds; and (c) Declare all TIF bonds due and payable, whether or not in advance of maturity and, if all the defaults be made good, annul the declaration and its consequences. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, pp. 146, 147.

(a) Neither the Directors of PFA nor any persons executing TIF bonds issued pursuant to this chapter are liable personally on the TIF bonds by reason of the issuance of the TIF bonds. (b) Notwithstanding any other provision of this chapter, TIF bonds issued pursuant to this chapter are not general obligations of PFA or the Government of the Virgin Islands and are not in any way a debt or liability of the Government of the Virgin Islands within the meaning of any debt or other limit prescribed by law. Neither the full faith and credit nor the taxing power of the Government of the Virgin Islands, other than increment revenues, may be pledged to secure the payment of any TIF bonds issued pursuant to this chapter. History: Added June 10, 2008, No. 7004, § 1, Sess. L. 2008, p. 147; amended Apr. 4, 2018, No. 8031, § 1(7), Sess. L. 2018, p. 17.

This chapter may be cited as the Hotel Development Act. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, p. 183.

The Legislature finds and declares that: (a) The tourist, hotel and resort industry constitutes a major element of the Territorial economic structure; (b) Additional hotel accommodations and tourist facilities and services are essential to the further development of the Territory's tourism industry; (c) Additional hotel accommodations and tourist facilities have a direct impact on the local economy through construction, wages, and other benefits and will grow the economy of the Virgin Islands; (d) The provision of such additional accommodations and facilities, particularly on the island of St. Croix, is declared for the purpose of assisting in the economic growth, restoration, and revitalization of certain underdeveloped areas; (e) In order to promote the tourism industry of the Virgin Islands, it is essential to provide for the planning, financing, acquisition, construction, improvement, maintenance and operation of new hotels, and the planning, financing, reconstruction, renovation, maintenance, and operation of existing hotels in the Territory; (f) The development of additional hotel accommodations and facilities is calculated to result in a significant contribution to the general public welfare and prosperity of the Virgin Islands; and (g) Using future gains in taxes to assist in the development of areas which would not otherwise happen solely through private investment in the reasonably foreseeable future has been proven to have a positive economic impact in their areas of operation. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, p. 183; amended Apr. 4, 2018, No. 8030, § 1(a) (1)-(4), Sess. L. 2018, p. 6; amended June 14, 2018, No. 8056, § 18(a)(1), (2), Sess. L. 2018, p. 96; amended Oct. 7, 2019, No. 8206, § 1(a), Sess. L. 2019, p. 64.

As used in this chapter the following terms have the meaning set forth in this section: (a) "Agreement" means the agreement between the Government and a developer which sets forth the terms and conditions for assistance for Project development under this chapter. (b) "Authority" means the Virgin Islands Economic Development Authority established in section 1101 of this title. (c) "Designated Casino Tax on Gross Revenue" means the gross revenue tax, pursuant to 32 V.I.C., Chapter 21, Section 514 - 515, generated from each proposed hotel development project under this chapter. (d) "Designated Hotel Room Occupancy Tax" means the hotel room taxes, pursuant to 33 V.I.C., Chapter 3, Section 54, generated from each proposed hotel development project under this chapter. (e) "Developer" means any entity or person that seeks to undertake a Project pursuant to this chapter. (f) "Economic Recovery Fee" means the Economic Recovery Fee pursuant to section 1312 of this chapter. (g) "ERF Project" means ERF Project as defined in section 1312 of this chapter. (h) "Government" means the Government of the Virgin Islands. (i) "Hotel" means every building or other structure or group of structures where sleeping accommodations are furnished by the day, week, or month for pay, to guests, whether with or without meals. The term "hotel" includes resorts. (j) "Hotel Development Notes" means the notes, bonds or other evidence of indebtedness incurred by the Developer or by the Notes Issuer for the benefit of the Developer, with respect to an approved Project, including but not limited to Hotel Revenue Bonds, Conventional Loans, Institutional Financing, or other financing issued with respect to the eligible Project. (k) "Notes Issuer" means the PFA or another issuer authorized to issue Hotel Development Notes under this chapter including, at Developer's option, a multi-jurisdictional issuer of notes or bonds, or both. (l) "PFA" means the Virgin Islands Public Finance Authority, itself or acting through the Virgin Islands Hotel Development Financing Corporation. (m) "Program" means the Hotel Development Program established in section 1304 of this chapter. (n) "Project" means a proposed hotel development project or reconstruction or renovation of a hotel under this chapter that may include all ancillary facilities servicing the hotel development, including without limitation, solar and other energy generation equipment; related marina facilities, including docks and wharves; residential housing; community centers; infrastructure and other facilities. (o) "Reconstruction" means construction related to existing hotel properties and related facilities or infrastructure that have been substantially demolished or damaged by natural or manmade causes, including expansion or extensions of the properties and related facilities or infrastructure as provided by this chapter. (p) "Renovation" means construction in the nature of substantial repair, updating, enhancement, and refurbishment of existing hotel properties and related facilities or infrastructure as provided by this chapter. (q) "Trust Fund" means the Hotel Development Trust Fund created for each respective Project established in section 1308. (r) "Virgin Islands Hotel Development Financing Corporation" means a public corporation controlled by the Virgin Islands Public Finance Authority that shall have the same or similar rights and powers granted to the Virgin Islands Public Finance Authority under title 29 Virgin Islands Code, chapter 15 regarding the development, operation and financing of qualified hotels in the Virgin Islands except as limited by provisions of this chapter. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, p. 184; amended Oct. 13, 2014, No. 7661, § 1(a), Sess. L. 2014, p. 288; amended Apr. 4, 2018, No. 8030, § 1(b)(1)-(5), Sess. L. 2018, p. 6, 7; amended June 14, 2018, No. 8056, § 18(b), Sess. L. 2018, p. 96; amended Oct. 7, 2019, No. 8206, § 1(b)(1)-(6)(A), (B), Sess. L. 2019, p. 64, 65 ; amended Nov. 20, 2025, No. 9063, § 1, Sess. L. 2025, p. -.

(a) The Hotel Development Program is established within the Virgin Islands Economic Development Authority. (b) The purpose of the Program is to encourage and promote development, construction, reconstruction, and renovation of hotel and resort facilities in the Virgin Islands and to provide financial assistance and other incentives for such development, construction,, reconstruction, and renovation which may include commercial facilities, and other hotel facilities for the accommodation and entertainment of tourists and visitors. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, p. 184; amended Apr. 4, 2018, No. 8030, § 1(c) (1), (2), Sess. L. 2018, p. 7; amended June 14, 2018, No. 8056, § 18(c), Sess. L. 2018, p. 96; amended Oct. 7, 2019, No. 8206, § 1(c), Sess. L. 2019, p. 65.

(a) The Authority shall administer a program designed to assist in the development of hotels, resorts and related hotel facilities to increase opportunities in tourism enterprises in the Virgin Islands so as to facilitate and to accelerate opportunity for employment in these enterprises, particularly of unemployed and underemployed residents of the jurisdiction in which the hotel investment is to be made. (b) The Authority has the following powers in the administration of the Program: (1) To assist those persons interested in building new tourist hotels and resorts or other related tourist facilities in the Virgin Islands by maintaining and disseminating information regarding financing available through private and public sources through a Notes Issuer; (2) To grant assistance in the construction of new hotel facilities or the reconstruction or renovation of existing hotel facilities and related infrastructure by offering certain tax incentives; (3) To review promptly and in reasonable order all applications and causes affecting the granting, suspension, renewal or revocation thereof for assistance under this chapter; (4) To promote due diligence to determine a Project's eligibility for financial assistance to accomplish the purpose of this chapter; (5) To hold public hearings on applications considered for approval; (6) To require and collect application and administrative fees and charges as the Authority determines to be reasonable in connection with the exercise of any power given to the Authority under this chapter; (7) To assist developers to apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal Government, or other private source for the purposes of this chapter; (8) To provide administrative and financial assistance on such terms and upon such conditions as the Authority may determine for the preparation of feasibility studies relating to an eligible project; (9) To enter into any agreements or contracts and to execute any instruments and perform any acts or things necessary, convenient, or desirable for the purposes of the Program, including the entering into of agreements or contracts to provide for the payment of principal of and interest on any obligations issued, and to provide necessary reserves in connection with these obligations; and (10) To promulgate regulations the Authority considers necessary to achieve the objectives of this chapter. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, pp. 184, 185; amended Oct. 13, 2014, No. 7661, § 1(b), Sess. L. 2014, p. 288; amended Apr. 4, 2018, No. 8030, § 1(d)(1)-(4), Sess. L. 2018, p. 7; amended June 14, 2018, No. 8056, § 18(d), Sess. L. 2018, p. 96; amended Oct. 7, 2019, No. 8206, § 1(d)(1)-(3), Sess. L. 2019, p. 65, 66.

(a) A person wishing to develop a hotel shall apply to the Authority on forms prescribed and made available by the Authority. (b) Before a hotel development project is approved, the applicant must produce a letter of intent from a financial institution and a copy of all documents submitted to the financial institution. The application for certification must contain the following information: (1) Description of the proposed land with the appropriate zoning to construct the Project; (2) A pro forma projection of the revenues and expenses of the Project; (3) An assessment of the financial feasibility of the Project; (4) A schedule of the timing and phasing of the Project prepared no earlier than six months before the date the application is submitted; and (5) Such other information as the Authority may require. (c) If a Developer is applying for authorization to impose an Economic Recovery Fee pursuant to section 1312(c)(1) of this chapter, the application shall, in addition to the requirements set forth in subsection (b) of this section, include the following: (1) A statement of the intention to obtain authorization to assess an Economic Recovery Fee; (2) The amount of the proposed fee, which shall not be greater than the amount set forth in section 1312(g); (3) The expected uses of the proposed fee; and (4) The time frame for expected imposition of such fee which shall not exceed the longer of the maturity of the Hotel Development Notes or thirty years. (d) To be eligible for benefits under this chapter, the project must be located in the U.S. Virgin Islands. (e) The Authority shall establish by regulations comprehensive eligibility requirements for applicants' participation in the Program. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, pp. 185, 186; amended Aug. 13, 2014, No. 7641, § 1, Sess. L. 2014, p. 200; amended Apr. 4, 2018, No. 8030, § 1(e), Sess. L. 2018, p. 8; amended Oct. 7, 2019, No. 8206, § 1(e)(1), (2), Sess. L. 2019, p. 66.

of Costs (a) After receipt of the criteria set forth in section 1306, the Authority shall certify or deny certification of the proposed project under such procedures as may be established by regulations. In determining certification of the Project, the Authority shall consider the following criteria: (1) Whether the project is financially feasible; (2) Whether the project would likely result in the increase of tax revenues payable to the Government, specifically with regard to hotel room occupancy tax revenues, casino tax revenues, and Economic Recovery Fee revenues generated from such Projects to be applied to payment of the project funding; (3) Whether the development would not happen solely through private investment in the reasonably foreseeable future; (4) Whether an allocation, dedication or contribution of the hotel room occupancy tax incremental revenues, casino tax incremental revenues, and Economic Recovery Fee revenues will be sufficient, together with the other moneys available therefor to support payment of the debt obligation and whether the Project's total anticipated benefit to the Government, including public benefits as well as financial benefits, exceeds the total anticipated costs to the Government; and (5) The Authority may establish other criteria by regulations. (b) If, upon consideration of the criteria set forth in subsection (a), the Authority decides to certify the Project, the Authority shall finalize an agreement setting forth the respective obligations of the parties, on such terms and conditions as the Authority and the Developer agree upon. (c) The agreement referenced in subsection (b) must be approved by the Governor and ratified by the Legislature. (d) If the project does not comply with the criteria set forth in subsection (a), the Authority shall so notify the Developer in writing stating the areas the Project fails to meet the required criteria. The Authority shall allow a Developer up to 60 days to cure and comply with any defects. (e) Upon approving a Project the Authority may pursuant to regulations require the developer to reimburse the Authority for all or part of the costs of the independent financial assessment conducted in reviewing the application for certification of a proposed Project and any other related costs incurred. The costs may be paid, in the discretion of the Authority, from the proceeds of bonds, Hotel Development Notes or other evidences of indebtedness issued with respect to a Project under conditions prescribed in the regulations promulgated by the Authority. (f) The regulations governing the agreement specified in section 1307(b) may provide that the Designated Casino Tax on Gross Revenue, Designated Hotel Room Occupancy Tax, and the Economic Recovery Fee payable into the Project's Hotel Development Trust Fund and securing Hotel Development Notes may be paid directly to the trustee or to the trustee's collecting agent for the Hotel Development Notes for deposit into the funds and accounts held by the trustee or trustee's collection agent for the benefit of the noteholders. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, pp. 186, 187; amended Apr. 4, 2018, No. 8030, § 1(f)(1)-(8), Sess. L. 2018, p. 8, 9; amended June 14, 2018, No. 8056, § 18(e)(1)-(3), Sess. L. 2018, p. 96, 97; amended Oct. 7, 2019, No. 8206, § 1(f)(1)(A), (B), (2)-(4), Sess. L. 2019, p. 66, 67.

(a) The Authority shall establish for each approved project a separate Trust Fund, which for the purposes of this chapter shall also be known as "the Project's Hotel Development Trust Fund" or the "Project's Fund". Monies allocated to and deposited into the Project's Fund from the hotel occupancy tax revenues, the casino tax revenues, and the Economic Recovery Fees revenues, if applicable, generated from the approved Project must be made available as revenue to be utilized towards reducing the Hotel Development Notes incurred for the development of the approved Project. Existing levels of Designated Hotel Room Occupancy Taxes and Designated Casino Taxes in the amount generated by a particular project in the 12 months prior to the submission of the application for the issuance of the Hotel Development Notes may not be used to fund the Hotel Development Trust Fund. (b) Notwithstanding the provisions of sections 33 V.I.C. § 54(e) and 32 V.I.C. § 517(c), and subject to the limitations set forth in section 1313 of this chapter, the hotel occupancy taxes, pursuant to 33 V.I.C. § 54(b), the casino revenue tax pursuant 32 V.I.C. § 515, and the Economic Recovery Fee, if applicable, pursuant to section 1312(c)(1) of this chapter, generated from the approved Project must be deposited into the Project's Hotel Development Trust Fund. For the purposes of this section, notwithstanding the provisions of 32 V.I.C. §§ 514 - 515, until the outstanding Hotel Development Notes with respect to a Project have been paid, the maximum casino tax rate may be increased to 35%. Once the debt is retired the casino tax shall return to 12% according to the provisions of title 32 V.I.C. § 515. (1) During the period that any hotel occupancy taxes, casino taxes, or Economic Recovery Fees, if applicable, are applied towards the payment of any Hotel Development Note with respect to a Project, not less than 80% of the persons employed in the operation, maintenance, and management of the Project facilities must be legal residents of the Virgin Islands for not less than 5 years prior to employment, or a graduate of a Virgin Islands high school; provided that upon application for a waiver from the Department of Labor: (A) The Government, acting through the Department of Labor certifies that legal residents as defined under this chapter, with the necessary ability to perform the services required and in numbers sufficient to meet the needs for personnel for such employment are not available within the Virgin Islands for employment; (B) The Department of Labor shall proceed to verify the facts stated in the application and unless it is determined that such application is without factual basis, promptly after the filing of such application, authorize the hotel operator to employ a greater percentage of non Virgin Islands residents for such period or periods that such non-availability of personnel exists; (C) If the Government has not notified the hotel operator in writing within 14 days after the filing of the hotel operator's application that it has determined such application to be without factual basis, stating its reasons for such determination, then the hotel operator's application must be granted, subject only to the right of the Government to proceed to revoke the application as set forth in paragraph (2). (2) Anyparagraph (2)n by the Government pursuant to subparagraphs (A) or (B) of paragraph (1) may not be reparagraph (1)upon 30 days' notice to the hotel operator and after opportunity for the hotel operator to appear and be heard and present evidence with respect to the revocation, which opportunity may not exceed 60 days after the date of the notice. (3) Notwithstanding any certification in effect by the Government, the Government shall cooperate with the hotel operator in an effort to make available for employment by the hotel operator and its affiliates a sufficient number of persons with appropriate aptitude, training and experience regardless of their nationality, domicile, residence or place of origin. (4) In constructing hotel facilities, the hotel operators shall give preference in employment to residents of the Virgin Islands. (5) Penalties. Any hotel operator found in violation of this subsection, after notice to the hotel operator and after opportunity for the hotel operator to appear and be heard and present evidence with respect to such violation, shall have their tax subsidy decreased by 10% each month until the defect is cured. The decrease in tax subsidy shall be cumulative and shall be held in the Hotel Development Trust Fund until said defect is cured. The funds held may be released by the Authority upon notification from the Department of Labor that the hotel operator has complied with this section. (c) The Authority may not expend, commit to expend or pledge an interest in any of the revenues held in the Project's Hotel Development Trust Fund, other than to the payment of a Hotel Development Note or expenses relating to the administration of the Project's Hotel Development Trust Fund. (d) The dedications and contributions of the hotel room tax, casino tax revenues, and the Economic Recovery Fee revenues, if applicable, may not impair the existing obligations of the Government of the Virgin Islands, the PFA or the Authority and may not include tax revenues that would violate the revised Organic Act of the Virgin Islands. (e) Upon adoption of a Resolution by the Authority or the Notes Issuer, as applicable, following ratification of the Agreement by the Governor or the PFA, the Director of the Internal Revenue Bureau, as applicable, shall transfer to the Note Issuer for deposit in the Project's Hotel Development Trust Fund or directly to the trustee of the Hotel Development Notes for deposit into the funds and accounts held by the trustee for the benefit of the holders thereof, all tax revenues, and the Economic Recovery Fee revenues, if applicable, that are allocated to the Project's Fund pursuant to section 1313 of this chapter, related to such Hotel Development Notes until the certification by the Authority, the Notes Issuer, or such trustee that all development costs to be paid from the Hotel Development Trust Fund including the Hotel Development Notes have been paid in full. (f) While Hotel Development Notes remain outstanding, the tax rates and the Economic Recovery Fee, if applicable, may not be reduced, if the reduction would impair the ability to pay any costs to which the tax revenues, and the Economic Recovery Fee revenues, if applicable, have been pledged or otherwise committed by the Authority or the Notes Issuer, as applicable, including the timely payments of debt service on the Hotel Development Notes. (g) Hotel Development Notes of every issue may, by their terms, be payable solely out of the tax revenues and the Economic Recovery Fee, if applicable, pledged to and received in connection with an approved Project and deposited to the project's Hotel Development Trust Fund. The lien created to secure the Hotel Development Notes may not attach to any other assets of the Authority or the Government or the PFA and are special limited obligations of the Authority, the Government, the PFA or the Developer, as applicable payable solely from the pledged tax revenues and the Economic Recovery Fee, if applicable, of the Project. The holders of the Hotel Development Notes have no right to require the imposition of any tax or establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such Hotel Development Notes. Hotel Development Notes may be issued that are secured separately by any Designated Hotel Room Occupancy Taxes, any Designated Casino Taxes or any Economic Recovery Fees, or any combination thereof. History: Added Oct. 7, 2011, No. 7301, § 1, Sess. L. 2011, pp. 187-189; amended Apr. 4, 2018, No. 8030, § 1(g)(1)-(11), Sess. L. 2018, p. 9, 10; amended June 14, 2018, No. 8056, § 18(f)(1)-(5), Sess. L. 2018, p. 97; amended Oct. 7, 2019, No. 8206, § 1(g)(1)(A), (B), (2)(A)-(C), (3)- (7), Sess. L. 2019, p. 67, 68 .

(a) The Notes Issuer may issue Hotel Development Notes to finance total Project costs of eligible Projects approved pursuant to this chapter, including, without limitation, costs of issuance, debt service and other reserves, and related ancillary costs and expenses. Hotel Development Notes may be issued to refund other Hotel Development Notes issued pursuant to this chapter. Hotel Development Notes may not be issued in an amount exceeding the total costs of implementing the hotel development financing plan for which they were issued. (b) Hotel Development Notes for renovation or reconstruction Projects cannot include the amount received from insurance proceeds. (c) The Notes Issuer may execute such financing documents as may be necessary or appropriate for the issuance, security, and administration of Hotel Development Notes, investment of proceeds and moneys in the accounts provided for in, or pursuant to, this chapter, and the application of the proceeds of the Hotel Development Notes and the moneys and investments in such accounts, and for the purposes set forth in section 1304, including financing documents with developers. (d) (1) To secure the full and timely payment of Hotel Development Notes for each Project issued under this chapter in accordance with their respective terms, all such Hotel Development Notes shall be secured upon issuance by a statutory lien on all Designated Hotel Room Tax and Designated Casino Taxes on Gross Revenue and Economic Recovery Fees allocated to the Project's Fund pursuant to section 1313 of this chapter. The lien shall arise solely by force of this chapter specifically upon the issuance of any Hotel Development Notes issued after the effective date of this chapter and shall automatically attach without further action or authorization by the Government or the PFA. The lien shall be valid and binding from the time the Designated Hotel Room Occupancy Tax and Designated Casino Tax on Gross Revenue and Economic Recovery Fees are received by or for the account of the Government, allocated to the Project's Fund pursuant to section 1313 of this chapter and the lien shall immediately attach to the Designated Hotel Room Occupancy Tax and Designated Casino Tax on Gross Revenue and Economic Recovery Fees allocated to the Project's Fund pursuant to section 1313 of this chapter and be effective, binding and enforceable against the Government or the PFA, as applicable, their respective successors, transferees, or creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. (2) The Government is hereby authorized and directed to covenant and agree for the benefit of the holders of the Hotel Development Notes outstanding from time to time that for so long as any Hotel Development Notes remain unpaid, the Government shall defend, preserve and protect such statutory lien against all claims and demands of third parties, and not revoke, terminate or amend such statutory lien in any way that materially adversely affects the rights of any holder of Hotel Development Notes. History: Added as 29 V.I.C. § 1312, Apr. 4, 2018, No. 8030, § 2, Sess. L. 2018, p. 98-100. Renumbered as June 14, 2018, No. 8056, § 18(g), Sess. L. 2018, p. 97, 98; amended Oct. 7, 2019, No. 8206, § 1(h)(1)(A)(i)-(iv), (B)(i)-(iii), (C) (i)-(vii), (2), (3), Sess. L. 2019, p. 68, 69.

(a) A series of Hotel Development Notes may be secured by a trust agreement or trust indenture between the Notes Issuer and a trustee having trust powers, or by a secured loan agreement or other instrument giving power to the trustee by means of which the Notes Issuer may do the following: (1) Make and enter into any and all agreements and covenant with the trustee or the holders of the Hotel Development Notes that the Notes Issuer may determine to be necessary or desirable, including, without limitation, covenants and agreement as to any of the following: (A) the application, investment, deposit, use and disposition of the proceeds of Hotel Development Notes and the other monies, securities, and property; (B) the assignment by the Notes Issuer of its rights in any agreement; (C) the terms and conditions upon which additional Hotel Development Notes may be issued by the Notes Issuer; provided that the term of any Hotel Development Notes may not exceed 30 years from the date of issuance; (D) providing for the appointment of a trustee to act on behalf of noteholders; and (E) vesting in a trustee, for the benefit of the holders of Hotel Development Notes, or in the noteholders directly, such rights and remedies as the Notes Issuer determines. (2) Pledge, mortgage or assign monies, agreements, property or other assets of the PFA or the Government, either presently in hand or to be received in the future, or both. (3) Provide for bond insurance and letters of credit, or otherwise enhance the credit of and security for the payment of its Hotel Development Notes; and (4) Provide for any other matters of like or different character that in any way affects the security for or payment of the Hotel Development Notes. (b) (1) The Government pledges to contract and agree with the holders of any Hotel Development Notes issued pursuant to this chapter that, subject to the provisions of the financing documents, the Government may not limit or alter the basis upon which available revenues are received, allocated, applied and pledged pursuant to this chapter; may not impair the contractual obligations of the Notes Issuer to fulfill the terms of any agreement made with the holders of the Hotel Development Notes, may not in any way impair the rights or remedies of the holders, and may not in any way alter the exemptions from taxation provided for in this chapter, until the Hotel Development Notes and the interest on the Hotel Development Notes, with interest on any unpaid installment of interest and all costs and expenses in connection with any suit, action or proceeding by or on behalf of the holders, are fully met and discharged. (2) The Notes Issuer may include the pledge and agreement of the Government as part of the contract with the holders of any of its notes. This chapter constitutes a contract between the Government and the holder of the Hotel Development Notes authorized by this chapter. (3) To the extent that any acts or resolutions of the PFA may be in conflict with this chapter, this chapter is controlling. (c) Any pledge made by the Notes Issuer with respect to its Hotel Development Notes is valid and binding from the time the pledge is made. The money or property so pledged and thereafter received is immediately subject to the lien of the pledge without physical delivery or further act, and the lien of the pledge is valid and binding as against all parties having any claim of any kind in tort, contract or otherwise against the Notes Issuer irrespective of whether the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created is required to be recorded or filed under the provisions of the Uniform Commercial Code to be valid, binding, and effective against the parties. (d) Pursuant to the authority granted in section 8(b) of the Revised Organic Act of the Virgin Islands, the principal and interest of Hotel Development Notes issued under this chapter are exempt from taxation by the Government of the Virgin Islands. History: Added as 29 V.I.C. § 1313, Apr. 4, 2018, No. 8030, § 2, Sess. L. 2018, p. 11-13. Renumbered as 29 V.I.C. § 1310, June 14, 2018, No. 8056, § 18(g), Sess. L. 2018, p. 98-100.

(a) If there is a default in the payment of the principal of or interest on any Hotel Development Notes of a series after the principal or interest becomes due and payable, whether at maturity or upon call for redemption, or if the Notes Issuer or the Government fails or refuses to carry out and perform the terms of any agreement with the holders of any of the Hotel Development Notes, then the holders of the Hotel Development Notes, or the trustee appointed to act on behalf of the holders, may, subject to the provisions of the financing documents, do the following: (1) By action, writ, or other proceeding enforce all rights of the holders of the Hotel Development Notes, including the right to require the Notes Issuer to carry out and perform the terms of any agreement with the holders of the Hotel Development Notes or its duties under this chapter; (2) By action, petition to enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the Hotel Development Notes; and (3) Declare all Hotel Development Notes due and payable, whether or not in advance of maturity and, if all the defaults be made good, annul the declaration and its consequences. (b) A default with respect to one Hotel Development Note shall not constitute a default with respect to any other Hotel Development Note unless the Hotel Development Notes by their specific terms provide for such a cross-default to occur. History: Added as 29 V.I.C. § 1314, Apr. 4, 2018, No. 8030, § 2, Sess. L. 2018, p. 13. Renumbered as 29 V.I.C. § 1311, June 14, 2018, No. 8056, § 18(g), Sess. L. 2018, p. 100; amended Oct. 7, 2019, No. 8206, § 1(i), Sess. L. 2019, p. 69.

(a) Purpose. The purpose of the Economic Recovery Fee is to encourage and promote the recovery and improvement, and expansion of the Territory's hotel sector. (b) Fee. Developers of hotels located or to be located in the U.S. Virgin Islands may apply for authorization to impose and collect an Economic Recovery Fee to finance, fund, or cover the costs incurred for renovation or reconstruction, construction, improvement, and development of hotel properties and related facilities or infrastructure ("ERF Projects"), subject to the provisions of this chapter. The scope of the facilities and infrastructure that may be financed, funded or covered and authorized pursuant to this section, includes the scope of the facilities and infrastructure described in the definition of Project pursuant to section 1303 of this chapter. (c) Application and approval. (1) A Developer seeking authorization to impose an Economic Recovery Fee which is being used to secure Hotel Development Notes shall submit an application in accordance with the requirements set forth in section 1306 of this chapter and shall be considered for approval in accordance with section 1307 of this chapter. (2) A Developer seeking authorization to impose an Economic Recovery Fee which is not being used to secure Hotel Development Notes shall submit an application in accordance with the requirements set forth in subparagraph (A) of this paragraph and shall be considered for approval or disapproval in accordance with the procedures set forth in subsection (d), paragraphs (1) through (3) of this section. (A) Any application submitted by a Developer seeking to impose an Economic Recovery Fee which is not being used to secure Hotel Development Notes shall include the following: (i) A statement of the intention to obtain authorization to assess an Economic Recovery Fee; (ii) The amount of the proposed fee which shall not be greater than the amount set forth in section 1312(g) of this chapter; (iii) Information identifying the applicant, its ownership and corporate structure, and demonstrating its ownership or possessory interest in a hotel property; (iv) The applicant's most recent audited financial statements if the applicant is a new applicant or an applicant that is not a beneficiary in good standing with the Economic Development Program, as set out in title 29, chapter 12, subchapter I of the Virgin Islands Code, at the time of its application; (v) A description in reasonable detail of the plans for the proposed ERF Project including, as applicable: the number of rooms to be constructed or renovated; the approximate square footage of the area(s) to be constructed, reconstructed or renovated; the nature, size, and scope of any amenities or infrastructure to be constructed reconstructed, or renovated; the general standard of finish sought to be achieved by the construction, reconstruction, or renovation; and a schedule of the timing and phasing of the ERF Project(s); and (vi) the time frame in which the imposition of the Economic Recovery Fee is sought to be imposed, not to exceed thirty (30) years. (d) Economic recovery fee committee and approval process. (1) An Economic Recovery Fee Committee ("ERF Committee") is hereby established to review any application submitted pursuant to subsection (c)(2) of this section for approval of the Economic Recovery Fee, and to recommend approval or disapproval of the application to the Authority. The ERF Committee shall consist of the Commissioner of the Department of Tourism; the Commissioner of the Department of Finance; and a member of the Authority's Governing Board or an appropriate designee, which member or designee shall be selected by the Authority's Governing Board. (2) (A) In reviewing an application, the ERF Committee shall: (i) Determine whether the application contains the information required pursuant to paragraph (2) of subsection (c) of this section; (ii) Consider the creditworthiness, financial history, and financial stability of the applicant; and (iii) Review the application and recommend approval or disapproval of the application to the Authority no later than thirty (30) days after receipt of the application. (B) An applicant who is an EDC Beneficiary in good standing shall be presumed to have sufficient creditworthiness, financial history, and financial stability. (C) If the ERF Committee is unable to reach a consensus on a recommendation, the Committee shall vote, and the majority vote will control. (D) The ERF Committee shall return the application to the Authority along with the ERF Committee's written recommendation of approval or disapproval. (3) (A) Within 30 days following the Authority's receipt of the application and the ERF Committee's recommendation of approval or disapproval pursuant to paragraph (2) of this subsection, the Authority's Board, by majority vote, with a quorum being present, shall vote to approve or disapprove the application. (B) If the Board fails to vote within the 30-day period set forth in subparagraph (A) of this paragraph, the application shall be deemed approved as of the date the 30-day period expires; except that in a force majeure event that prevents the Board from voting during the 30-day period, the Board shall have up to 60 days to vote to approve or disapprove the application. (e) Contractual agreement. Upon approval of an application pursuant to subsection (d), paragraph (3) of this section, the applicant shall be deemed to have entered into a contractual agreement with the Authority to impose an Economic Recovery Fee in the amount set forth in its application, and to perform the ERF Project as described in the application which may be modified from time to time pursuant to subsection (f) of this section. The Authority and the applicant shall use their good faith efforts to prepare the terms of a written agreement for execution within a reasonable period of time following the Board's approval. (f) Modification. Following approval of an application pursuant to the provisions of section 1312(c)(2) of this chapter, the applicant may modify the Economic Recovery Fee and/or the ERF Project described in the application only as provided in this subsection. (1) To increase or decrease the amount of an Economic Recovery Fee, the applicant shall notify the Authority in writing of the change in the amount of the fee, which change shall be consistent with subsection (g) of this section, and which change shall take effect 30 days following the Authority's receipt of the notification. (2) To modify an approved ERF Project, the applicant shall submit to the Authority a written request to modify the ERF Project, describing in reasonable detail the nature of the modification and the justification for the modification. (A) Upon receipt of a request to modify the ERF project, the Authority shall forward the modification request to the ERF Committee to determine whether the modification is consistent with the purposes for which the ERF Project was originally approved. The ERF Committee shall recommend approval or disapproval of the modification to the Authority no later than thirty (30) days after receipt of the modification request. (B) Within 30 days of the Authority's receipt of the ERF Committee's recommendation pursuant to paragraph (2)(A) of this subsection, the Authority's Board, by majority vote, with a quorum being present, shall vote to approve or disapprove the modification request. (C) If the Board fails to vote within the 30-day period set forth in subparagraph (B) of this paragraph, the modification request shall be deemed approved. However, in the event of a force majeure occurrence, this thirty (30) day period shall be extended to sixty (60) days. (g) Amount of fee. The amount of the Economic Recovery Fee for any ERF Project shall be the difference between (1) a percentage rate of the Designated Hotel Room Occupancy Tax to be selected by the applicant, which rate, notwithstanding provisions 33 V.I.C. § 54(b)(1), may be increased up to 20%, and (2) the percentage rate of Designated Hotel Room Occupancy Tax established by 33 V.I.C. § 54(b)(1) applicable at the time of the application, provided that such difference may never be greater than 7.5%. (h) Initiation and cancellation of economic recovery fee. (1) Prior to assessing or collecting an approved Economic Recovery Fee the applicant shall notify the Authority of the date on which it intends to begin assessing and collecting the Fee, which date shall not be fewer than 60 days following the notification. (2) (A) If an applicant requests to stop collecting the Economic Recovery Fee, approved pursuant to section 1312(c)(2) of this chapter on a date sooner than what was approved in the application, the applicant must notify the Authority. The applicant's ability to assess an Economic Recovery Fee will cease 30 days following the notification. (B) An applicant may not request to cease collecting the Economic Recovery Fee approved pursuant to section 1312(c)(1) of this chapter until all Hotel Development Notes secured by the Economic Recovery Fee are paid in full. (i) Notification. Within 30 days of receipt by the Authority of (1) a notification by the applicant pursuant to subsection (h)(1) of this section of its intention to commence assessment of an Economic Recovery Fee, or (2) a notification by the applicant pursuant to subsection (f)(1) of this section of a change in the amount of an Economic Recovery Fee, the Authority shall notify the Virgin Islands Bureau of Internal Revenue of the identity of the applicant, the amount of the Economic Recovery Fee, and the date on which the new or modified Economic Recovery Fee will go into effect. (j) Collection, calculation and deposit of the economic recovery fee. (1) Each hotel that is the subject of an approved ERF Project shall include on each guest invoice a separate line item for the Economic Recovery Fee. (2) The amount of Economic Recovery Fee charged to any hotel guest shall be calculated in the same manner as the amount of Hotel Room Occupancy Tax charged to a guest pursuant to 33 V.I.C. § 54(b) (1). (3) All Economic Recovery Fee revenues approved pursuant to section 1312(c)(2) of this chapter collected by a hotel shall, upon collection, be separated from Designated Hotel Room Occupancy Tax and the Casino Tax revenues and deposited in the ERF Trust Account established for the Project pursuant to subsection (k) of this section. Economic Recovery Fee revenues, approved pursuant to section 1312(c)(1) of this chapter collected by a hotel shall be applied in accordance with the provisions of section 1308 of this chapter. (k) Creation of economic recovery fee trust account. (1) Within 30 days of receipt by the Authority of a notification by the applicant pursuant to subsection (h) of this section of the applicant's intention to commence assessment of an Economic Recovery Fee approved pursuant to section 1312(c)(2) of this chapter, the Authority shall coordinate with the Executive Director of the Virgin Islands Public Finance Authority ("VIPFA"), who shall establish for each approved ERF Project a separate, interest-bearing Economic Recovery Fee Trust Account ("ERF Trust Account") at a financial institution selected by the VIPFA, for the purpose of receiving, holding, and distributing the revenues generated by the ERF Project's Economic Recovery Fee and any Designated Hotel Room Occupancy Taxes and any Designated Casino Tax on Gross Revenue directed by the applicant pursuant to section 1313(b) of this chapter. Upon creation of an ERF Trust Account, the VIPFA shall notify the Virgin Islands Bureau of Internal Revenue of the location of the account, the account number, and the identity of the applicant and the ERF Project with which the account is associated. The VIPFA shall maintain the account, and shall not expend, commit to expend or pledge an interest in any of the revenues held in an ERF Project's Trust Account, other than payment of expenses relating to the administration of that ERF Project's Trust Account. (2) Monies in an ERF Trust Account, upon request by the applicant, may be withdrawn, pledged, encumbered, or otherwise utilized by the applicant solely for purposes directly related to the associated ERF Project including, but not limited to, direct funding of Project expenses, any reconstruction or renovation related expenses, payment of interest and other expenses associated with any financing of the Project, and reimbursement for expenses previously incurred in executing the Project. (3) If, upon expiration of the Economic Recovery Fee for a particular Project, that Project's ERF Trust Account contains unused Economic Recovery Fee funds, the funds may be used by the applicant solely for other expenditures for improving or enhancing the completed ERF Project, and any such expenditure must be approved in advance by the Authority using the procedure for modifying ERF Projects set forth in subsection (f) of this section. (l) Reporting. On or before March 31 of each year while an Economic Recovery Fee is in effect, each applicant that is a beneficiary of an Economic Recovery Fee shall deliver a report to the Authority describing, in reasonable detail, for the prior calendar year the following information: (1) The progress made on any ERF Project or whether the ERF Project has been completed; (2) Any material modifications to any ERF Projects or the amount of the Economic Recovery Fee; (3) The amount of Economic Recovery Fees charged and collected; and (4) The amount of Economic Recovery Fees used to cover costs incurred for the ERF Projects. (m) Violations. An applicant who is determined by the Authority to be in material violation of its Agreement or of the requirements of this section may be subject to a fine not to exceed $30,000 for each violation, or imprisonment for a period not to exceed 90 days, or both a fine and imprisonment. (n) Sunset. The Economic Recovery Fee shall be available to new applicants whose applications are received prior to December 31, 2028. History: Added Oct. 7, 2019, No. 8206, § 2, Sess. L. 2019, p. 69-75.

(a) The revenues generated from the Designated Hotel Room Occupancy Tax, Designated Casino Tax on Gross Revenue, and the Economic Recovery Fee, approved in accordance with section 1312(c)(1) of this chapter, are to be allocated to and deposited into the Project's Fund as follows: (1) For new hotel development projects where all non-appealable permits for development have not been finalized prior to the effective date of this Act, 100% of the revenues generated from the Designated Hotel Room Occupancy Tax, Designated Casino Tax on Gross Revenue, and the Economic Recovery Fee, if applicable, shall be allocated to and deposited into the Project's Fund; (2) For hotel projects where not less than 70% of the units that have not been able to be occupied due to natural events and related effects, or otherwise, 50% of the revenues generated from the Designated Hotel Room Occupancy Tax and the Designated Casino Tax on Gross Revenue, and 100% of the revenues generated from the Economic Recovery Fee, if applicable, shall be allocated to and deposited into the Project's Fund; and (3) For hotel projects that are reconstruction and renovation of existing hotel sites not satisfying the requirements of paragraph (2) of this subsection, 100% of the revenues generated from the Economic Recovery Fee, and no revenues generated from the Designated Hotel Room Occupancy Tax and the Designated Casino Tax on Gross Revenue shall be allocated to and deposited into the Project's Fund; (b) The revenues generated from the Economic Recovery Fee approved in accordance with section 1312(c) (2) of this chapter are to be allocated to and deposited into the ERF Trust Account established under section 1312(k) of this chapter and, at the election of the applicant, one hundred percent (100%) of the revenue generated from the Designated Hotel Room Occupancy Tax and the Designated Casino Tax on Gross Revenue for projects pursuant to section 1313(a)(1) of this chapter and also fifty percent (50%) of the revenue generated from the Designated Hotel Room Occupancy Tax and the Designated Casino Tax on Gross Revenue for projects under section 1313(a)(2) of this chapter. History: Added Oct. 7, 2019, No. 8206, § 2, Sess. L. 2019, p. 75, 76.

(a) Any hotel project that is a beneficiary of the Hotel Development Program shall pay to the Authority an annual fee to be determined by the Authority; provided that the annual fee shall be either (1) 1.5% of the projected debt service payable that year, or (2) $100,000 per Project, whichever is less. (b) Any hotel receiving financial assistance or any other incentives under the Hotel Development Program must include, as a part of its self-funded marketing plan, a component to market the Territory, which component must be approved by the Commissioner of Tourism. History: Added Oct. 7, 2019, No. 8206, § 2, Sess. L. 2019, p. 76.

(a) Neither the Directors of the Notes Issuer nor any persons executing Hotel Development Notes issued pursuant to this chapter are liable personally on the Hotel Development Notes by reason of the issuance of the Hotel Development Notes. (b) Notwithstanding any other provision of this chapter, Hotel Development Notes issued pursuant to this chapter are not general obligations of Notes Issuer or the Government and are not in any way a debt or liability of the Government within the meaning of any debt or other limit prescribed by law. Neither the full faith and credit nor the taxing power of the Government, other than the revenues authorized under this chapter may be pledged to secure the payment of any Hotel Development Notes issued pursuant to this chapter. History: Added Apr. 4, 2018, No. 8030, § 2, Sess. L. 2018, p. 13, 14; added June 14, 2018, No. 8056, § 18(h), Sess. L. 2018, p. 100, 101.

If a Developer is financing a Project that could be financed with the proceeds of Hotel Development Notes under this chapter and the proceeds of Tax Incremental Financing Bonds (TIF Bonds) issued under the provisions of the Tax Incremental Financing Act, title 29 Virgin Islands Code, chapter 22, the Notes Issuer may, as the issuer of Hotel Development Notes under this chapter, additionally secure its Hotel Development Notes with the tax increment revenues that are authorized to be pledged to the payment of TIF Bonds thereunder as if the Notes Issuer was an authorized issuer of TIF Bonds under the Tax Incremental Financing Act. Conversely, the PFA may additionally secure its TIF Bonds with the revenues that are declared to be dedicated pursuant to this chapter to the payment of debt service on Hotel Development Notes as if the PFA was the Notes Issuer hereunder. If the Notes Issuer is issuing Hotel Development Notes secured in part by tax increment revenues, the applicable provisions of the Tax Increment Financing Act must be satisfied by the Project Developer. History: Added Apr. 4, 2018, No. 8030, § 2, Sess. L. 2018, p. 14; added June 14, 2018, No. 8056, § 18(h), Sess. L. 2018, p. 101.

(a) The provisions of this chapter, except any provisions pertaining to the Economic Recovery Fee for which the expiration is governed by the provisions of section 1312(n) of this chapter, expire on December 31, 2028, with an automatic two-year extension if substantial permitting by an applicant is completed by December 2028. (b) Notwithstanding subsection (a) of this section, nothing herein shall adversely affect the continuing applicability of the provisions of this chapter for the benefit of the Developer, or the holders of the Hotel Development Notes, or any other person with respect to approved Projects including, without limitation, the continuing deposits of the Designated Casino Tax on Gross Revenue, and/or the Designated Hotel Room Occupancy Tax, and/or the Economic Recovery Fee into the applicable Trust Funds. History: Added Oct. 7, 2019, No. 8206, § 2, Sess. L. 2019, p. 76, 77.

This chapter may be cited as "The Matching Fund Special Purpose Securitization Act". History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 5.

For the purposes of this chapter, the following terms have the meanings set forth in this section: (a) "Additional Bonds" means one or more additional series or tranches or both series and tranches of Bonds issued pursuant to the Indenture or another indenture after the Initial Matching Fund Securitization Bonds are issued which are all secured by the Trust Estate. (b) "Ancillary Agreements" means the Sale Agreement, the initial Indenture, any supplemental Indentures, other Indentures, the bond purchase agreement between the Corporation and the initial bond purchasers, security enhancement agreements, if any, investment agreements, or any other agreement or instrument entered into by the Corporation, the Government, or the Trustee in connection with, or in furtherance of the sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter and the issuance of the Bonds. (c) "Board" means the board of directors of the Matching Fund Special Purpose Securitization Corporation established pursuant to section 1405. (d) "Bondholder" means a registered owner of an outstanding Bond. (e) "Bonds" means the Matching Fund Securitization Bonds and the Subordinate Lien Bonds issued pursuant to the initial Indenture or other Indentures. (f) "Corporation" means the Matching Fund Special Purpose Securitization Corporation established by section 1404. (g) "Cover Over Rate" means the federal excise tax and the federal excise tax per proof gallon remitted by the U.S. Treasury to the Virgin Islands Government; the "Cover Over Rate" as set by Congress and codified in Section 5001(a)(1) and 7652(f) of the Internal Revenue Code of 1986, as amended. (h) "Deposit Account" means a designated account in the name of the Corporation created and held by the Trustee pursuant to the initial Indenture at a bank or trust company having the authority to receive the transfer of the Matching Fund Receipts from the GVI Restricted Account and having trust powers under the initial Indenture. (i) "DOI" means the United States Department of the Interior. (j) "Existing Matching Fund Loan Notes" means the outstanding special obligation notes issued to the Public Finance Authority by the Government pursuant to the Loan Agreement dated July 1, 2009, the Loan Agreement dated October 1, 2009, the Loan Agreement dated December 1, 2009, the Loan Agreement dated July 1, 2010, the Loan Agreement dated September 1, 2012, the Loan Agreement dated September 1, 2013, and the Loan Agreement dated October 1, 2013, each by and among the Public Finance Authority, the trustee and the Government, which Loan Notes are the security for the repayment of the corresponding Existing PFA Bonds. (k) "Existing PFA Bonds" means the various series of outstanding bonds issued by the Public Finance Authority pursuant to an Indenture of Trust dated May 1, 1998, as amended and supplemented, a Subordinated Indenture of Trust dated June 1, 2009, as supplemented, and a Subordinated Indenture of Trust dated December 1, 2009, as supplemented, secured by Matching Fund Receipts on a senior and subordinate basis, respectively, received by the Government from the U.S. Treasury. (l) "Financing costs" means all costs associated with the following: (1) the offering, issuance, repayment, financing, or refinancing of the Bonds, whether upon issuance or over the term of the Bonds; (2) the making of payments required by the Ancillary Agreements; (3) the preparation for and the entering into the transactions authorized by this chapter, including, but not limited to, any reasonable legal and financial advisory fees incurred by the Legislature, the Government, the PFA and the Corporation; (4) the maintenance, preservation, protection, and defense of the Trust Estate, including any collection, enforcement, sale, protection or settlement actions relating to the Trust Estate; (5) the confirmation, defense and protection of the statutory lien and the consensual lien on the Trust Estate; (6) the performance of all ongoing activities relating to the Matching Fund Securitization Bonds, the Residual Certificate, the Subordinate Lien Bonds, the Matching Fund Receipts, any Ancillary Agreements, and the Trust Estate; (7) the annual salary compensation and reasonable travel and expenses of or relating to the directors of the Corporation; and (8) other reasonable expenses of the directors of the Corporation. (m) "Financing entity" means the Corporation, the Trustee and any other person or entity acting for the benefit of the Bondholders or the Corporation that has rights under any Ancillary Agreements. (n) "Fiscal Year" means the period beginning October 1 through and including September 30 of the following calendar year. (o) "GERS" means Government Employee Retirement System. (p) "GERS Funding Note" means the note or other form of indebtedness issued by PFA or other entity to the GERS for deposit as an in-kind contribution by the Government to the GERS concurrently with the issuance of the Initial Matching Fund Securitization Bonds, which note, or other form of indebtedness is secured by a portion of the Residual Receipts received by the Government pursuant to the Residual Certificate. (q) "GERS Funding Note Payment Obligations" means the funding and payment obligations relating to the GERS Funding Note which are due in Fiscal Year 2022 and any cost of issuance relating to the GERS Funding Note. (r) "GERS Funding Note Trustee" means the trustee under the indenture pursuant to which the GERS Funding Note is issued. (s) "Government" means the Government of the Virgin Islands. (t) "Governor" means the Governor of the Virgin Islands or the Governor's designee, as may be named from time to time. (u) "GVI Restricted Account" means the trust account established in the name of the Government, in trust for the sole benefit of the Corporation and the Corporation's collateral assignee, the Trustee. (v) "Indenture" means the master trust indenture, bond indenture, trust agreement or similar agreement between the Corporation and the Trustee, as amended or supplemented from time to time, from the date of the issuance of the Initial Matching Fund Securitization Bonds and the Residual Certificate. (w) "Initial Matching Fund Securitization Bonds" means the initial series of Matching Fund Securitization Bonds issued pursuant to the initial Indenture. (x) "Matching Fund Receipts" means the amounts paid and to be paid by the U.S. Treasury through the Secretary of the DOI as a transfer of federal excise taxes imposed and collected under the Internal Revenue Code of 1986, as amended, in any Fiscal Year on rum produced in the Virgin Islands and exported to the United States and that is subject to federal excise tax pursuant to 26 U.S.C. §7652, as amended from time to time. (y) "Matching Fund Securitization Bonds" means the Initial Matching Fund Securitization Bonds and any Additional Bonds issued on a parity therewith, which bonds may be issued as taxable or tax-exempt bonds, authorized to be issued by the Corporation from time to time pursuant to an Indenture. This term does not include a Residual Certificate or any Subordinate Lien Bond. (z) "PFA Indenture" means any indenture under which the Existing PFA Bonds were issued. (aa) "Public Finance Authority" or "PFA" means the Virgin Islands Public Finance Authority, a public corporation and governmental instrumentality of the Government. (bb) "Related Rights" means the contractual rights provided by the Government, the covenants made by the Government, and the Corporation's rights to enforce the rights and covenants, all pursuant to the Act and the Sale Agreement. (cc) "Residual Certificate" means a certificate issued by the Corporation evidencing the right of the holder to receive any Residual Receipts on deposit in the Residual Fund. (dd) "Residual Certificate Holder" means the holder or holders of the Residual Certificate. Upon its issuance by the Corporation, the Residual Certificate Holder is the Government. (ee) "Residual Fund" means the fund or account so designated, created and established pursuant to the initial Indenture into which the Residual Receipts are deposited. (ff) "Residual Receipts" means that portion of the Matching Fund Receipts deposited in the Residual Fund, if any, after making the deposits required in each Fiscal Year for the following, in the order of priority provided in the initial Indenture: (1) Payment of debt service on the Bonds; (2) Establishing, maintaining, or replenishing any reserve funds created in connection with the issuance of the Bonds; (3) Payment of any other obligations of the Corporation under any Ancillary Agreement; or (4) Payment of the operating expenses of the Corporation. (gg) "Resolution" means one or more resolutions by the Board, adopted in accordance with this chapter, authorizing: (1) the Corporation's purchase of the Matching Fund Receipts and the Related Rights; (2) the issuance of one or more series of Bonds; (3) any redemption, defeasance or refunding of Bonds, or (4) the execution and delivery of any Indenture or any Ancillary Agreement. (hh) "Sale Agreement" means an agreement between the Corporation and the Government that provides for the irrevocable transfer, pursuant to Section 1403 and the Resolution, during the Transfer Period, to the Corporation of all of the Government's right, title, and interest in and to the Matching Fund Receipts paid and to be paid by the U.S. Treasury to the Government, by depositing such amounts into the GVI Restricted Account and the Related Rights, in exchange for: (1) a cash payment of the net proceeds from the sale of any Matching Fund Securitization Bonds and any Subordinate Lien Bonds; (2) the deposit into the GERS Funding Note Trustee deposit account of an amount sufficient to fund the GERS Funding Note Payment Obligations; and (3) the Residual Certificate. (ii) "Secretary" means the Secretary of the U.S. Treasury. (jj) "Settlement Agreement" means a written agreement or other document evidencing that the GERS upon the issuance and delivery of the GERS Funding Note, shall release all pending claims, including all claims regarding outstanding employer contributions, and dismiss all pending litigation against the Government, and that any pending or existing judgements against the Government shall be deemed satisfied. (kk) "Subordinate Lien Bonds" means Bonds that may be issued by the Corporation from time to time after the issuance of the Initial Matching Fund Securitization Bonds pursuant to a Resolution and an Indenture, which Bonds are secured by a subordinate pledge on the Trust Estate. (ll) "Transfer Period" means the period from and including the date of issuance and delivery of the Initial Matching Fund Securitization Bonds through and including the date on which the last outstanding Bond is paid or defeased and all obligations under all applicable Indentures and the Ancillary Agreements are paid in full. (mm) "Trustee" means the bank or trust company appointed as "Trustee" for the Bonds pursuant to the applicable Indenture and having the duties, responsibilities and rights provided for in the Indenture, and its successor or successors and any other bank or trust company that may at any time be substituted in its place pursuant to the Indenture. (nn) "Trust Estate" means the right, title, and interest in and to: (1) the Corporation's interest in the funds in the GVI Restricted Account; (2) during the Transfer Period, the Matching Fund Receipts paid and to be paid to the Corporation and the Related Rights; (3) excluding Residual Receipts, all earnings, interest, claims, credit enhancement payments, and proceeds of or arising from the Matching Fund Receipts, and any adjustments to and from the Related Rights; and (4) all rights of the Corporation under the Sale Agreement and all other Ancillary Agreements. (oo) "U.S. Treasury" means the United States Department of the Treasury. (pp) "Virgin Islands" means the unincorporated territory of the United States of America as described in the Revised Organic Act of the Virgin Islands, 48 U.S.C. §1541(a). History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 5-10.

Provide Related Rights (a) For the purposes of prepaying the Existing Matching Fund Loan Notes and the refunding, redemption, paying or defeasing by the PFA of all Existing PFA Bonds secured thereby, releasing the existing liens on the Matching Fund Receipts so that the Government may more efficiently leverage the value of the Matching Fund Receipts, the Government may sell to the Corporation all of the Government's right and title to, and interest in the Matching Fund Receipts and the Related Rights and any earnings or interest payable to the Government during the Transfer Period at a purchase price equal to (i) the net proceeds it receives from the sale of the Initial Matching Fund Securitization Bonds less the costs associated with the sale, plus (ii) the deposit into the deposit account of the GERS Funding Note Trustee of an amount sufficient to fund the GERS Funding Note Payment Obligations, plus (iii) the Residual Certificate. In addition, concurrently with the issuance of the Initial Matching Fund Securitization Bonds there shall be issued the GERS Funding Note to the GERS for deposit as an in-kind contribution by the Government to the GERS, which indebtedness is secured by a portion of the Residual Receipts received by the Government pursuant to the Residual Certificate. (b) The sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter may occur only when all of the following have occurred: (1) The Corporation has adopted a Resolution; (2) The documents evidencing the sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter have been executed and delivered; (3) The Government has received the purchase price required for the rights to the Matching Fund Receipts and the Related Rights set forth in subsection (a) of this section; (4) The U.S. Treasury has provided the written acknowledgment stating that it will deposit Matching Fund Receipts directly into the GVI Restricted Account; (5) The Governor on behalf of the Government has delivered an irrevocable letter of instruction to the Secretary and the DOI; and (6) The GERS Funding Note is issued concurrently with the sale and conveyance of the Matching Fund Receipts and the Related Rights. (c) The sale and conveyance of the Matching Fund Receipts pursuant to this chapter are exempt from all taxes and similar charges imposed by the Virgin Islands or any instrumentality of the Virgin Islands. (d) The Government may transfer all or a portion of the Residual Certificate in accordance with the conditions set forth in the initial Indenture. (e) The right to receive the Matching Fund Receipts during the Transfer Period and to exercise and enjoy the Related Rights is a vested, presently existing property right notwithstanding that the amounts of the Matching Fund Receipts to be paid in the future depend on further acts that have not yet occurred, including but not limited to: (1) the production of rum in the Virgin Islands; (2) the sale and export of the rum exported from the Virgin Islands to the United States mainland; (3) adjustments that may be made to the rate or amount of the Matching Fund Receipts to be paid by the U.S. Treasury; and (4) the U.S. Treasury's paying the Matching Fund Receipts directly into the GVI Restricted Account, as irrevocably directed by the Government. (f) Subject to the authorization and restrictions of this chapter, the Governor shall determine the terms and conditions of the Sale Agreement, which determination must be conclusively evidenced by the Governor's execution of the Sale Agreement. Once sold pursuant to the Sale Agreement and during the Transfer Period, the Matching Fund Receipts that would have been paid to the Government, the Related Rights, regardless of location, completion of any transfer process, or whether deposited into the GVI Restricted Account, are no longer the property of the Government, and the Government has no right to obtain the return of the Matching Fund Receipts or to exercise and enjoy any of the Related Rights, except as agent for the Corporation or the Trustee, as the case may be. Once sold pursuant to the Sale Agreement and during the Transfer Period, only the Corporation or the Trustee may transfer Matching Fund Receipts from the GVI Restricted Account. However, for so long as the Government is the Residual Certificate Holder, the Residual Receipts must be deposited in the Residual Fund in accordance with the initial Indenture. (g) The Government shall cause the net proceeds it receives from its sale of the Matching Fund Receipts and the Related Rights to be placed in one or more separate accounts and used to prepay the Existing Matching Fund Loan Notes and pay all costs associated with the prepayment, and if funds remain in those accounts after the prepayment of the Existing Matching Fund Loan Notes and the payment of all related costs, the funds must be released to the Government for any purpose authorized by an act of the Legislature. In no event shall amounts paid to purchase the Matching Fund Receipts and the Related Rights be available or be applied by the Government for payment of the Bonds, the Residual Certificate, any claim against the Corporation, or any debt or obligation of the Corporation. (h) Upon the Public Finance Authority's receipt of the funds from the prepayment of the Existing Matching Fund Loan Notes by the Government, the Public Finance Authority shall use the amounts to cause all the Existing PFA Bonds to be redeemed or defeased in full and shall pay in full all other amounts outstanding under the applicable PFA Indentures and other documents related to the Existing PFA Bonds. In no event shall amounts paid to prepay the Existing Matching Fund Loan Notes be available or be applied for payment of the Bonds, the Residual Certificate, any claim against the Corporation, or any debt or obligation of the Corporation. (i) Beginning in September 2022, or earlier, if requested by the DOI, and prior to end of each Fiscal Year thereafter until the Bonds are paid in full in accordance with their terms, the Government shall provide an estimate of the amount of rum to be produced in the Virgin Islands and exported to the United States mainland for the ensuing Fiscal Year, on a timely basis to the DOI, with a copy to the Corporation; and any information required to make the request for any adjustments to the Matching Fund Receipts for such year to the Corporation. (j) Prior to the issuance of the Initial Matching Fund Securitization Bonds, the Government shall deliver one or more agreements or instruments, including an irrevocable letter of instruction from the Governor directing the Secretary and the DOI to cause to be transferred to the GVI Restricted Account promptly all payments of the Matching Fund Receipts, including any transferred in error, during the Transfer Period. (k) The Government, acting through the Governor, may execute and deliver all documents and agreements and take all actions necessary or appropriate in connection with the sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter and the prepayment of the Existing Matching Fund Loan Notes, and to take all actions permitted or required by this chapter and included in the Sale Agreement and to accomplish the purposes of this chapter. (l) The Public Finance Authority shall: (1) Execute and deliver all documents and agreements and take all actions necessary or appropriate in connection with the redemption or defeasance in full of the Existing PFA Bonds and the payment in full of all other amounts outstanding under the applicable PFA Indentures and other documents related to the Existing PFA Bonds; (2) Take all actions necessary or appropriate in connection with the issuance of the GERS Funding Note. (m) The Government shall cause a report of the final amount and disposition of the net proceeds from the sale of the Matching Fund Receipts and the Related Rights to be made to the Legislature of the Virgin Islands no later than 30 days after the sale. (n) Upon the payment in full of all of the Bonds in accordance with their terms and all obligations under all applicable Indentures and the Ancillary Agreements, the Government and the PFA shall have the right to assume control of the Matching Fund Receipts, subject to any liens on the Residual Certificate and the Residual Receipts. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 10-13.

(a) The Matching Fund Special Purpose Securitization Corporation is established as a special purpose, independent and autonomous, public corporation. The Corporation is intended, created, and empowered to effectuate the purposes stated in this chapter. The Corporation has a legal existence separate from the Government. The debts, obligations, contracts, bonds, receipts, expenditures, accounts, funds, facilities and property of the Corporation are those of the Corporation and not those of the Government, or any office, bureau, department, agency, commission, branch, agent, office or employee of the Government. The Corporation is established as a not for profit, tax-exempt entity and is not established or organized, and its operations may not be conducted for the purpose of making a profit. The Corporation has no authority to engage in any business activities other than those provided in this chapter. The Corporation has no taxing power. (1) The Corporation has the same fiscal year as the Government; (2) All operating and administrative expenses of the Corporation necessary for the proper business of the Corporation and budgeted at the time of the issuance of the Bonds or in any successive year and the costs of issuance and marketing of the Bonds must be paid by the Corporation out of the proceeds of the Bonds and the Matching Fund Receipts; (3) An independent certified public accountant, designated by the board of the Corporation, shall conduct an annual audit of the accounts and records of the Corporation; and (4) All assets and income of the Corporation are exempt from Virgin Islands taxation; (b) The purposes of the Corporation are to: (1) Acquire during the Transfer Period all of the Government's right, title, and interest in and to the Matching Fund Receipts to be paid to or for the account of the Government by the U.S. Treasury and the Related Rights; (2) Issue Bonds and the Residual Certificate in order to pay the purchase price therefor and as otherwise authorized under this chapter; and (3) Direct the Secretary and the DOI to pay the Matching Fund Receipts directly into the GVI Restricted Account. (c) The Corporation, pursuant to a Resolution shall: (1) Issue the Initial Matching Fund Securitization Bonds as contemplated by a Resolution, and use the net proceeds to purchase and acquire the Government's right, title and interest in and to the Matching Fund Receipts to be paid to or for the account of the Government during the Transfer Period and the Related Rights, and own, hold and use the Trust Estate and pay any related closing costs and ongoing financing costs; (2) Direct that Matching Fund Receipts deposited in the GVI Restricted Account and then transferred to the deposit account created by the Trustee for the Matching Fund Securitization Bonds be applied by the Trustee to the payments, at the times and in the order of priority, set forth in the Indenture; (3) In addition to the statutory lien on the Trust Estate securing the payment of principal of and interest on the Bonds as referred to in section 1407b, as additional security for the payment of principal of and interest on any Bonds issued by it and of any and all other obligations under the applicable Indenture, pledge and automatically create a security interest that is a consensual lien on the Trust Estate, and take all actions to create, impose and document the liens or other encumbrances that arise by force of this applicable chapter; (4) By the earlier of the date requested by the U.S. Treasury or such other deadline provided by law, for each fiscal year during the Transfer Period, when appropriate, deliver to the DOI a written letter requesting any adjustment to the amounts based on actual federal excise taxes paid on rum produced in the Virgin Islands and exported to the United States, with the adjustment to be applied to the amount of the Matching Fund Receipts paid to the Corporation in the ensuing year; (5) If authorized in the future by the Legislature, issue Additional Bonds including, but not limited to, Subordinated Lien Bonds, for purposes related to the Corporation as contemplated by a Resolution, and use the proceeds as contemplated in the related Indenture or supplemental indenture and pay any related closing costs and ongoing financing costs; (6) Issue the Residual Certificate as described in section 1403(a); and (7) Complete a financial audit no later than 270 days after the close of the fiscal year and provide the Corporation's annual audited financial statements to the Legislature 30 days thereafter. (d) In addition to the duties under subsection (c) in connection with the issuance of Bonds, the Corporation shall: (1) Establish and maintain such reserves and special accounts for the benefit of the Bondholders to be held in trust or otherwise, as may be required by agreements made in connection with the Bonds, or any agreement between itself and third parties; (2) Redeem, defease, or otherwise refund the Bonds in accordance with the terms of the applicable Indenture as long as the redemption, defeasance or refunding does not, solely by such action, reduce the expected Residual Receipts to the Residual Certificate Holder on a net present value basis compared to the net Residual Receipts that would have been expected to be available to the Residual Certificate Holder had the Bonds remained outstanding unless the Residual Certificate Holder otherwise consents to such action; (3) Consistent with the statutory lien on the Trust Estate, execute and deliver one or more agreements or other instruments pursuant to which it shall take all actions necessary or appropriate to cause the Matching Fund Receipts to be paid directly from the U.S. Treasury into the GVI Restricted Account and transferred to the deposit account maintained in the custody of the Trustee and held separate from any other funds and accounts of the Government or the Corporation or a bank or trust company; (e) In addition to other powers and duties provided in this chapter, the Corporation may: (1) Adopt, amend, repeal, and enforce bylaws, rules, regulations, and procedures not inconsistent with this chapter as it determines appropriate to the governing of its affairs and the conduct of its business; (2) Sue and be sued, and complain and defend, in its own name; (3) Adopt, alter, and use a corporate seal, which must be judicially noticed, but the absence of the seal on a contract or other documents does not affect its validity; (4) Acquire, hold, or pledge, contract rights, general intangibles, revenues, moneys, and accounts as may be proper or expedient to carry out the purposes of the Corporation and this chapter, and to assign, convey, sell, transfer, lease or otherwise dispose of such property; (5) Elect, appoint, and employ officers and agents as the Corporation considers advisable to operate and manage the affairs of the Corporation, and to define their duties and fix, adjust, and define their compensation as it determines to be appropriate; (6) Make, execute, and perform contracts, commitments, agreements, Indentures, instruments, and Ancillary Agreements in connection with the issuance of security for or administration of the Bonds and the Residual Certificate, as approved by its board and as necessary or appropriate to accomplish the purposes of the Corporation and this chapter; (7) Select, retain, and employ professionals, contractors, agents, bond insurance providers, auditors, or rating agencies that are necessary or appropriate to enable or assist the Corporation in carrying out the purposes of the Corporation; (8) Pay its financing costs, scheduled debt service on the Bonds and related financing costs; (9) Indemnify or insure members of the board and officers of the Corporation as it determines appropriate; (10) Purchase insurance or self-insure against loss in connection with its property and other asses or other risks, in amounts and from insurers as it determines appropriate; (11) Invest any funds or other moneys under its custody and control in investment securities or under any Ancillary Agreement pursuant to the terms of the Indenture; and (12) Do all things necessary or appropriate to carry out its purposes of and exercise the powers and enforce its rights expressly granted in this chapter. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 14-17.

(a) The Corporation is governed by a board of directors composed of five members, including four private members and one public member. Four members of the board must be private citizens known as "Independent Members". The Governor shall serve as an ex-officio member and the chairperson of the board and shall appoint the four Independent Members no later than 30 calendar days after the effective date of this chapter, for a term of five years. (b) The Independent Members of the board must: (1) Have at least seven years of executive or board experience in accounting, banking, finance, law, management or public administration; and (2) Not be a current officer, employee or director of any governmental entity of the Virgin Islands and must be at least three years removed from having served as an officer, employee or director of any governmental entity of the Virgin Islands. (c) Each of the Independent Members of the board serves a five-year term, but a member selected to fill a vacancy occurring before the end of the term for which the member's predecessor was selected may serve only until the end of the predecessor's term. A director serves after the expiration of the director's term until the director's successor has taken office. Any director in good standing may be reappointed by the Governor for an additional term. (d) The Independent Members of the board may receive compensation not in excess of $1,500 for each day or part of a day spent in the meeting of the board, not to exceed one paid meeting per quarter. (e) All directors are entitled to reimbursement for, the actual, reasonable, and necessary expenses incurred in the performance of their official duties; (f) The Governor may remove any director for inefficiency, neglect of duty or misconduct in office after giving the director a copy of the charges against the director and an opportunity to be heard, in person or by counsel, in the director's defense, upon not less than 10 days' notice. If any director is so removed, the Governor shall file in the Office of the Lieutenant Governor a complete statement of the charges made against the director and the Governor's findings, together with a complete record of the proceedings. Any director removed from the board pursuant to this subsection may not be reappointed at any time. (g) Any vacancy occurring after the initial appointments and prior to the issuance of the Initial Matching Fund Securitization Bonds, must be filled by the Governor no later than 30 days of the vacancy pursuant to subsection (b). (h) A quorum of the board for conducting its business, exercising its powers, and for all other purposes consists of a majority of the members, one of whom must be the Governor. Any one or more directors may participate in a meeting of the board by means of a conference via telephone, video, or similar communications equipment allowing all persons participating in the meeting to hear one another at the same time and allowing for the verification of the identity of each of the directors. Participation by such means constitutes presence in person at a meeting for purposes of establishing a quorum and voting; (i) Actions of the board are determined by a majority vote of the members unless a unanimous vote of all the members is required by this chapter or the bylaws of the Corporation for certain purposes. The unanimous affirmative vote of the members is required for the issuance of any Additional Bonds, as authorized pursuant to section 1404(c)(5). (j) The board shall: (1) Develop a policy of board governance that provides well-defined rules, processes, and by-laws, including documented procedures, routine internal audits, risk management and reporting required by this chapter; (2) Build a framework for corporate governance that synchronizes with the rules of law, moral integrity, open participation and transparency, accountability, effectiveness and efficiency, and implements its legislative mandate; (3) Act as a fiduciary in the best interest of the Corporation, including in the best interests of the Corporation's creditors, the Bondholders; (4) Keep the Corporation's assets and liabilities separate and distinct from those of any other entity; and (5) Perform such other duties as may be specified in the organizational documents or other agreements of the Corporation. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 17, 18.

The existence of the Corporation is perpetual; but the board by unanimous vote may dissolve the Corporation no earlier than one year and one day after the Bonds, and all other obligations of the Corporation under the applicable Indenture and the Ancillary Agreements have been repaid or their repayment has been provided for fully, and the existence of the Corporation terminates when adequate provision has been made for the payment of all other debts and obligations, and the winding up of the affairs of the Corporation. No assets or earnings of the Corporation inures to a private person or entity. Upon dissolution of the Corporation, title to all property of the Corporation is vested in and becomes the property of the Government, subject to any liens on the Residual Certificate and the Residual Receipts. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 19.

Subject to section 1404(c)(5) and section 1414, the Corporation, as authorized by a Resolution, may issue Bonds in one or more series or tranches, or both, and at one or more times, including refunding Bonds at or before maturity, and the obligations are payable solely from the Trust Estate, and the Corporation has the power to provide for the authorization, securing, sale, and issuance of the Bonds and the Residual Certificate consistent with this Chapter. The Corporation may pledge the Trust Estate as security for the payment of all amounts payable under the initial Indenture, any supplemental Indenture, and other Indentures. (a) The concurrent issuance of the GERS Funding Note secured by the Residual Certificate is a condition concurrent to the issuance of the Initial Matching Fund Securitization Bonds. (b) The Corporation shall enter into an agreement with one or more underwriters or purchasers to sell the Initial Matching Fund Securitization Bonds in compliance with the Resolution, setting forth the principal amount of the Initial Matching Fund Securitization Bonds to be issued, the pricing and the proceeds expected from the issuance. (c) Any Bonds issued by the Corporation may be rated by any Nationally Recognized Statistical Rating Organization selected by the Corporation and, if so desired by the Corporation, may be insured with municipal bond insurance, if available and appropriate. (d) A Resolution must authorize and describe the terms of the Initial Matching Fund Securitization Bonds to be issued to finance the Corporation's acquisition of the Matching Fund Receipts and the Related Rights. The Resolution must contain a statement of the board that the board has determined that the issuance of the Initial Matching Fund Securitization Bonds and the Residual Certificate is expected ultimately to result in increased receipts to the Government on a net present value basis, excluding the debt service reserve funds securing the Existing PFA Bonds, by way of the Residual Certificate as compared to the residual receipts that would have been expected to be available to the Government had the Existing Matching Fund Loan Notes and Existing PFA Bonds remained outstanding by taking advantage of the Corporation's expected lower borrowing cost. (e) The Resolution of the board must stipulate the terms of the Bonds, and include including the following: (1) Whether the Bonds will be issued as Matching Fund Securitization Bonds or as Subordinate Lien Bonds; (2) The date a Bond bears; (3) The date a Bond matures and, if different, the other date on which a Bond may be paid; (4) Whether the Bonds are issued as current interest bonds, capital appreciation bonds, convertible, capital, appreciation bonds or a combination of them; (5) Whether the Bonds are issued as serial bonds, term bonds or as a combination of the two; (6) The denominations; (7) The interest rate or rates, to be payable semi-annually, all as provided in or determined pursuant to, authorization under the Resolution; (8) The method and terms of sale; (9) The method for payment; (10) Security for the Bonds; (11) The terms of redemption; (12) The establishment of debt service funds and the use of proceeds of the Bonds for costs of issuance, capitalized interest and otherwise in accordance with this chapter; (13) The terms of any Ancillary Agreements to be entered into in connection with the issuance of such Bonds; (14) The identity of the Trustee and other financing entities in connection with the issuance of the Bonds; (15) Whether the Corporation will seek a rating on the Bonds and whether the Bonds may be insured; (16) A statement as to whether a series of the Bonds is intended to be issued on a federally tax-exempt or taxable basis; and (17) A description of the use of the proceeds from the sale of the Bonds and provide for the payment of any closing financing costs and ongoing financing costs. (f) The Resolution must be irrevocable but may be amended on or after the date of issuance of the Bonds approved thereunder only in accordance with and subject to the limitations of the applicable Indenture and must remain in effect and unabated until the Bonds authorized by the Resolution have been paid in full and all amounts required to be paid to any financing entity are paid in full and all obligations thereunder have been performed in full. (g) Notwithstanding subsection (e) as needed to facilitate the issuance of the Bonds, the board may delegate to its chairperson the authority to prescribe the terms and conditions of each series of Bonds, including those referred to in subsection (f), but the terms and conditions of the Residual Certificate issued in connection with the purchase of the Matching Fund Receipts and the Related Rights must be consistent with the terms of the Sale Agreement. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 19-21.

(a) The Bonds are securities in which all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in Bonds or other obligations of the Corporation, may properly and legally invest funds including capital in their control or belonging to them. (b) The Bonds are securities that may be deposited with and are received by all public officers and bodies of the Government and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, for any purpose for which the deposit of Bonds or other obligations of the Corporation is now or may hereafter be authorized. (c) The Bonds are the sole obligations of the Corporation. (d) The Bonds, obligations of the Corporation under the Ancillary Agreements or other contracts, expenditures, accounts, funds, property and facilities of the Corporation are those of the Corporation and not those of the Government, or any department, office, agency, commission, municipality, branch, bureau, agent, officer or employee of the Government. (e) The Bonds are not obligations of the Government and are not secured by a pledge of the full faith and credit of the Government, and the Bondholders may not require the levy or imposition of taxes. Neither the full faith and credit nor the taxing power of the Virgin Islands is pledged to the payment of the principal of, or interest on, the Bonds. (f) The Bonds and the Residual Certificate are special obligations of the Corporation payable solely from and secured by the Trust Estate. (g) The Bonds must contain on their face the statements contained in paragraphs (1) through (4) of this subsection: (1) Nothing contained in the Bonds or in the related financing or closing documents creates an obligation on the part of the Corporation or the Government to make payments with respect to the Bonds or the Residual Certificate from sources other than the assets of the Corporation. (2) The issuance of the Bonds, the authority to issue the Bonds, the regularity thereof, the validity of any pledge or lien, and the validity and legality of each Resolution authorizing the Bonds and the proceedings so adopted are conclusively presumed. (3) No official, employee, or agent of the Corporation or the Government is personally liable solely because the Bonds are issued. Members of the board, while acting within the scope of their authority as directors of the Corporation, are not subject to any personal or civil liability from the exercise of any of the Corporation's purposes, duties or responsibilities, unless the conduct of the director is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (4) The signature of an officer of the Corporation that appears on the Bonds not yet issued or delivered, whether manual or facsimile, remains valid and sufficient notwithstanding that the person has ceased to hold that office. (h) The Bonds are exempt as to principal and interest from taxation by the Government or by any political subdivision of the Government. (i) The Corporation pursuant to section 1404(c)(5) may issue, for any lawful purpose, Subordinate Lien Bonds and any other bonds, notes, or other obligations secured in whole or in part by liens on the Trust Estate that are junior and subordinate to the lien on revenues securing payment of the Bonds, parity notes, and other parity obligations. The Subordinate Lien Bonds may be further secured by any other source of payment lawfully available for such purpose. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 21, 22.

The Bonds are automatically upon issuance secured by a statutory lien on the Trust Estate created by this section. The Matching Fund Securitization Bonds and any Subordinate Lien Bonds have the benefit of and are secured by a statutory lien upon the Trust Estate, which statutory lien is effective, binding, and enforceable against creditors and all others asserting rights therein or having claims of any kind in tort, contract, or otherwise, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing or further act of any kind. The statutory lien arises by operation of law pursuant to this section and automatically attaches to the Trust Estate from the time the Bonds are issued, without further action, filing or authorization by the Corporation or any other entity, person, governmental authority, or officer. As it relates to the Matching Fund Securitization Bonds and any Subordinate Lien Bonds, the statutory lien on Matching Fund Receipts that constitute Residual Receipts is automatically released and discharged immediately upon deposit by the Trustee of the amounts of Residual Receipts into the Residual Fund without further action, filing or authorization by the Corporation or any other entity, person, governmental authority, or officer. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 22, 23.

Any pledge by the Corporation of the Trust Estate as security for the Bonds has the benefit of a consensual lien, perfected, effective, binding, and enforceable against creditors and all others asserting rights therein or having claims of any kind in tort, contract, or otherwise, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing or further act of any kind. As it relates to the Bonds, the consensual lien on amounts on Matching Fund Receipts that constitute Residual Receipts is automatically released and discharged immediately upon any deposit by the Trustee of the Residual Receipts into the Residual Fund without further action, filing or authorization by the Corporation or any other entity, person, governmental authority, or officer. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 23.

(a) The transfer of the Government's right, title, and interest in and to the Matching Fund Receipts and the Related Rights pursuant to this chapter to the Corporation or any assignee permitted under the initial Indenture must be treated as an absolute transfer and true sale of all of the Government's right, title, and interest in and to the Matching Fund Receipts designated as being sold pursuant to the terms of the Sale Agreement, and not a pledge of or secured transaction relating to the Government's right, title, and interest in the Matching Fund Receipts and the Related Rights, if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. (b) The existence of a statutory lien and consensual liens on all of the Corporation's right, title, and interest in and to the Trust Estate, including the moneys payable or received thereunder and any interest thereon, or the characterization of the transaction for accounting or securities regulation purposes may not impair or negate the characterization of any transfer as a true sale. (c) The Legislature by this chapter is determining the nature of, and procedure for the absolute conveyance of, property rights. The characterization of the assignment, sale and transfer of the Matching Fund Receipts and the Related Rights as an absolute transfer and true sale and the corresponding characterization of the property interest of the Corporation under this chapter may not be altered, adversely affected or impaired by, among other factors, the occurrence of any of the following factors: (1) the commingling of the Matching Fund Receipts with other funds; (2) the initial retention by the Government of interest in the Residual Receipts in the Trust Estate as part of the consideration for the sale of the Matching Fund Receipts and the Related Rights; (3) any recourse that the Corporation may have against the Government pursuant to the Sale Agreement; (4) any indemnification or other obligations of the Government in favor of the Corporation; (5) the treatment of the sale, assignment or transfer for tax, financial reporting, or other purposes; (6) any subsequent Resolution of the Corporation; or (7) any deposit of Matching Fund Receipts in a separate fund in the treasury of the Virgin Islands referred to in 26 U.S.C. §7652(b)(3), despite the instruction by the Government to the Secretary of the Treasury and the DOI or otherwise. (d) The sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter is not subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration, or any other fact, occurrence, or Virgin Islands law, the United States Code or other law or rule. On and after the effective date of the sale and conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter, the Government has no right, title, or interest in or to the Matching Fund Receipts and the Related Rights conveyed, and the Matching Fund Receipts, and the Related Rights so conveyed are the property of the Corporation. (e) The Corporation's right, title, and interest in and to the Trust Estate, including the moneys payable or received thereunder and any interest thereon, or the characterization of the transaction for accounting or securities regulation purposes may not impair or negate the characterization of any transfer as a true sale. The transfer of the Government's right, title and interest in and to the Matching Fund Receipts and the Related Rights to the Corporation or to any assignee pursuant to the Sale Agreement is irrevocable and is perfected, vested, valid and binding as against third persons having claims of any kind in tort, contract or otherwise against the Government, irrespective of whether the parties have notice thereof and are superior to any judicial liens or other liens obtained by the claimants or transferees. No instrument by which the sale is accomplished need be recorded in order to accomplish the transfer. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 23-25.

(a) The Government pledges to and agrees with the Corporation for the Corporation and for the benefit of the Bondholders that, until at least one year and one day after the Bonds and all other obligations of the Corporation pursuant to the applicable Indenture, other than the Residual Certificate, have been paid or defeased and all unpaid closing financing costs or ongoing financing costs have been paid, the Government shall: (1) Take all steps necessary or appropriate to provide, on a timely basis for each fiscal year; (2) Provide an estimate of the amount of rum produced in the Virgin Islands and exported to the United States mainland in such year to the DOI, with a copy to the Corporation; (3) Provide any information required to make a request to the U.S. Government for any adjustment to the Matching Fund Receipts for such year to the Corporation; (4) Take all steps necessary or appropriate to ensure the Corporation's receipt and continued collection of the Matching Fund Receipts and payment thereof directly into the GVI Restricted Account and the prompt transfer of such Matching Fund Receipts to the deposit account; (5) Not divert, reclaim, sequester, commandeer, or use any Matching Fund Receipts transferred to the Corporation or deposited in the GVI Restricted Account; (6) Not close the GVI Restricted Account; and (7) Not take or permit any other action to be taken that reduces, postpones, limits, alters, or impairs the value of or collections on the Trust Estate or the rights and powers vested in the Corporation and in Bondholders. (b) The Government further pledges to take all actions as may be permitted by law fully to preserve, maintain, defend, protect and confirm the interests of the Corporation, the pledge, lien and security interest and all rights of the Bondholders in the Trust Estate, and the payments therefrom pursuant to the terms of the Sale Agreement against all claims and demands of third parties, and shall not revoke, terminate or amend such pledge, lien and security interest in any way that would adversely affect the rights of any Bondholder. (c) Without limiting the foregoing, the Government pledges to the Corporation and the Bondholders that, until at least one year and one day after the Bonds and all other obligations of the Corporation pursuant to the applicable Indenture have been paid or defeased and all unpaid closing costs or ongoing financing costs have been paid, the Government shall: (1) Take no action that would, directly or indirectly, result in the repeal, rescission, or termination of this Chapter; or (2) Enact no law permitting or authorizing the Corporation, or allow any public officer or any organization, entity or other person to permit or authorize the Corporation, to be a debtor under any bankruptcy or similar law; (d) The Corporation may include pledges and agreements of the Government contained in this section in the initial Indenture or other Indentures, any offering materials, marketing materials, or any Ancillary Agreement. (e) No pledge or agreement of the Government in this section may be construed to indicate that the Government is a guarantor of any debt or obligation of the Corporation. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 25, 26.

Bondholders The Corporation may not be a debtor under any provision of the United States Bankruptcy Code or under any other bankruptcy or similar law, and neither any public officer nor any organization, entity or other person may authorize the Corporation to be or become a debtor under any provision of the United States Bankruptcy Code or under any other bankruptcy or similar law. Until the date not earlier than one year and one day after the Bonds and all other obligations under the Indentures and Ancillary Agreements are paid in full: (a) The Corporation may not dissolve or file a voluntary petition under any bankruptcy legislation in effect from time to time or sell all, or substantially all, of its assets. (b) No public officer, organization, entity, or other person may authorize the Corporation to be or become a debtor under any bankruptcy legislation in effect from time to time. (c) In addition, the Corporation may not incur, guarantee, or otherwise become obligated to pay any debt other than the Bonds, the Residual Certificate, or obligations other than those incurred pursuant to ancillary agreements and the related financing costs. (d) The Corporation may not merge or consolidate, directly or indirectly, with any person or entity. (e) The Corporation may not take any action that materially and adversely affects the rights of the Bondholders or other obligations issued by it. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 26.

Notwithstanding any law to the contrary, no approvals, notices, authorizations or filings other than those specified in this chapter are required with respect to any Resolution or the transactions and contracts authorized in or contemplated by this chapter or any Resolution, including but not limited to the issuance of the Bonds and the Residual Certificate, the sale and conveyance of the Matching Fund Receipts and the Related Rights, the creation and perfection of the statutory lien or any consensual lien on the Trust Estate, the entering into or performance of any Ancillary Agreements, and the incurring of any expenses to facilitate the taking of the actions described in this chapter. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 27.

This chapter is a money bill of the Legislature for the purposes of 48 U.S.C. §1561 and there is no requirement under statutory or other provisions of Virgin Islands law that the Legislature enact further legislation to appropriate any funds to the Corporation or to implement the provisions of this chapter presently or in the future. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 27.

The Governor shall negotiate and execute amendments or adjustments to existing agreements with Cruzan and Diageo and any Ancillary Agreements relating to the Initial Matching Fund Securitization Bonds as are necessary and appropriate to carry out the transactions contemplated by this chapter, subject to ratification by the Legislature. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 27.

(a) The law governing, as applicable, the validity, enforceability, attachment, perfection, priority and exercise of remedies with respect to the sale, transfer or conveyance of the Matching Fund Receipts and the Related Rights pursuant to this chapter or the creation of a security interest in, or lien on, the Trust Estate is exclusively the of the Virgin Islands, notwithstanding any contrary contract provision. (b) If there is a conflict between this chapter and any other law regarding the attachment, assignment or perfection, or the effect of perfection, or priority of any pledge of, security interest in or transfer of the Trust Estate, this chapter controls to the extent of the conflict. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 27.

(a) Effective on the date that any Bonds are first issued, if any provision of this Chapter is held to be invalid or is invalidated, superseded, replaced, repealed or expires for any reason, that occurrence does not affect any action allowed under this chapter that is taken by the Government, the Public Finance Authority, the Corporation, any financing entity, a Bondholder or a party to an Ancillary Agreement prior to the provision being held to be invalid, or being invalidated, superseded, replaced, repealed or expired, and any such action remains in full force and effect. (b) If a provision of this chapter or its application to a person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provisions, and to this end the provisions of this chapter are declared to be severable. It is the intent of the Legislature that this chapter would have been enacted even if the invalid provisions had not been included. History: Added Feb. 8, 2022, No. 8540, § 2, Sess. L. 2022, p. 27, 28.