V.I. Code tit. 29, § 232a (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 3 - Virgin Islands Zoning and Subdivision Law|Subchapter I - Zoning Law|§ 232a. Development of affordable housing; applications for planned 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.