TO THE

1
PRESENTATION TO THE 25TH LEGISLATURES
COMMITTEE ON PLANNING AND ENVIRONMENTAL PROTECT
ION ON THE CLWUP
2
OVERVIEW OF THE DRAFT COMPREHENSIVE LAND AND
WATER USE PLAN (CLWUP)  
3
BACKGROUND

• THE DEPARTMENT OF PLANNNING AND NATURAL
  RESOURCES HAS SPENT MANY YEARS OF INTENSIVE
  WORK DEVELOPING THE PLAN.
•  

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LEGAL BASIS

• THE DEVELOPMENT OF A COMPREHENSIVE PLAN IS A
  MANDATE THAT WAS GIVEN TO THE FORMER V.I.
  PLANNING OFFICE IN 1970 BY ACT 2774.
• THE MANDATE WAS ALSO GIVEN TO THE DEPARTMENT
  OF PLANNING AND NATURAL RESOURCES IN 1987 BY
  ACT 5265.

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LEGAL BASIS CONTD
THE MANDATE REQUIRES THAT A LONG-TERM
COMPREHENSIVE PLAN TO GUIDE THE PHYSICAL,
ECONOMIC AND SOCIAL GROWTH OF THE TERRITORY BE
DEVELOPED AND ADOPTED.
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CHRONOLOGY OF ATTEMPTS TO EXECUTE THE MANDATE
1971 ADOPTION OF THE ENVIRONMENTAL PROTECTION
PROGRAM, (COMMONLY REFERRED TO AS THE EARTH
CHANGE LAW)
1972 ENACTMENT OF THE VIRGIN ISLANDS ZONING LAW
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CHRONOLOGY (CONTD)
 

• ADOPTION OF THE COASTAL ZONE MANAGEMENT ACT

1989 COMMENCEMENT OF THE DEVELOPMENT OF THE
CLWUP BY DPNR IN SEPTEMBER
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CLWUP DEVELOPMENT PROCESS (1989 T0 1991)
1. FORMATION OF A DIVISION OF COMPREHENSIVE
AND COASTAL ZONE PLANNING (CCZP) WITHIN DPNR
TO SPEARHEAD THE DEVELOPMENT OF THE PLAN
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PROCESS (CONTD)
2. UNDERTAKING OF A LAND USE INVENTORY OF ALL
THREE ISLANDS
3. CREATION AND ADOPTION OF POLICY
GUIDELINES TO STEER THE CLWUPS DEVELOPMENT
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PROCESS (CONTD)

• SELECTION OF A CONSULTANT
• (SPG) TO ASSIST WITH THE
• DEVELOPMENT OF THE PLAN

• HOLDING TOWN HALL MEETINGS TO FIND OUT THE
  PROBLEM(S) WITH THE CURRENT SYSTEM.
• FORMED CITIZEN AND TECHNICAL ADVISORY COMMITTEES
  TO PROVIDE INPUT AND ASSIST WITH PLANS
  DEVELOPMENT.

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KEY FINDINGS

• CURRENT DEVELOPMENT LAWS DO NOT PROVIDE
  ADEQUATE PLANNING CONTROLS.
• 1. CZM LAW ONLY GUIDES
  DEVELOPMENT IN A NARROW BAND OF
  THE COASTAL ZONE.

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KEY FINDINGS (CONTD)
2. EARTH CHANGE LAW ONLY
CONSIDERS CERTAIN IMPACTS OF
DEVELOPMENT (I.E. STORM- WATER RUN-OFF BUT
NOT SOCIAL AND ECONOMIC
CONSEQUENCES). IT DOES NOT DIFFERENTIATE
BETWEEN MAJOR/MINOR DEVELOPMMENTS.

• RAPID AND UNPLANNED GROWTH IN THE TERRITORY
  HAS LED TO

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KEY FINDINGS (CONTD)
SEVERAL PROBLEMS, SOME OF WHICH ARE THE FOLLOWING

• DEVELOPMENT SPRAWL
• DEVELOPMENT IN AREAS LACKING BASIC INFRASTRUCTURE
• DEVELOPMENT IN GHUTS
• ENVIRONMENTAL DEGRADATION

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KEY FINDINGS (CONTD)

• THE CURRENT ZONING SYSTEM IS VERY RIGID. IT
  DOES NOT ALLOW PROPERTY OWNERS MUCH FLEXIBILITY
  IN UTILIZING THEIR PROPERTY. (THIS IS EVIDENT
  BY THE NUMBER OF REQUESTS FOR ZONING CHANGES
  ANNUALLY.)
• IT ENGENDERS AN ATMOSPHERE WHERE
  UNCONSTITUTIONAL SPOT ZONING IS THE NORM.

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TOWN CENTER PLAN CONCEPT

• THE PROPOSED CLWUP UTILIZES A TOWN CENTER
  APPROACH TO PROVIDE MORE FLEXIBILITY. (MORE
  LAND USE OPTIONS)
• IT IS BASED ON THE TRADITIONAL MIXED USE
  PATTERN OF DEVELOPMENT FOUND IN THE TERRITORY.

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INTENT OF PLAN

• PROVIDE A SOUND GUIDANCE SYSTEM TO PROPERLY
  MANAGE FUTURE GROWTH AND DEVELOPENT FOR A
  TEN YEAR PERIOD.
• PROVIDE A UNIFIED DEVELOPMENT LAW THAT
  ENSURES MORE CONSISTENCY IN THE DEVELOPMENT
  PROCESS.

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INTENT (CONTD)

• CREATE STABILITY AND A SOUND ENVIRONMENT FOR
  FUTURE GROWTH AND DEVELOPMENT.

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FACTORS CONSIDERED IN THE DEVELOPMENT OF THE
CLWUP
1. GUIDELINES FOR THE DEVELOPMENT OF A
LONG- RANGE COMPREHENSIVE PLAN
2. EXISTENCE OF NATURAL LAND CONSTRAINTS
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FACTORS CONSIDERED (CONTD)
3. AVAILABILITY OF EXISTING INFRASTRUCTURE
4. COMMUNITY INPUT
5. EXISTING APPROVED DEVELOPMENT
6. RETENTION OF AGRICULTURAL LANDS
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MAJOR CHANGES

• CREATION OF A SINGLE TIERED SYSTEM OF
  DEVELOPMENT REGULATION.

• MAJOR AND MINOR DEVELOPMENTS WOULD BE
  DETERMINED BY LOCATION, SIZE, TYPE AND NATURE
  RATHER THAN BY COST.

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MAJOR CHANGES (CONTD)

• AN INTENSITY DISTRICT SYSTEM (MIXED-USE
  ZONING) WOULD BE UTILIZED.

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CONTROL OF USE - IMPACTS

• CONTROL OF THE IMPACTS OF USE WILL BE
  MAINTAINED BY EMPLOYING A SYSTEM OF
  PERFORMANCE STANDARDS.

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PERFORMANCE STANDARDS

• LANDSCAPE REGULATION
• STORM-WATER MANAGEMENT
• RESIDENTIAL
• VEGETATION PROTECTION
• HISTORIC AND CULTURAL RESOURCES PRESERVATION

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PERFORMANCE STANDARDS (CONTD)

• ENVIRONMENTAL PROTECTION
• WELL-FIELD AND GROUNDWATER PROTECTION
• RECREATION AND OPEN SPACE
• AGRICULTURAL LAND PRESERVATION

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MAJOR PROVISIONS OF THE PROPOSED CLWUP

• CONSOLIDATION OF DEVELOPMENT LAWS INTO ONE
  SECTION OF THE V.I. CODE
• (Zoning and Subdivision, Earth Change, Coastal
  Zone Management, Billboard, Antiquities and
  Cultural Properties)

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MAJOR PROVISIONS OF THE CLWUP (CONTD)

• REPLACEMENT OF THE TWO- TIERED SYSTEM OF
  DEVELOPMENT BY A SINGLE TIERED ONE .

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MAJOR PROVISIONS (CONTD)

• DETERMINATION OF MAJOR AND MINOR PERMITS BY
  THE IMPACTS OF A PROPOSED DEVELOPMENT
• CREATION OF AN INTENSITY (MIXED USE) DISTRICT
  SYSTEM OF ZONING TO WORK WITH PERFORMANCE
  STANDARDS

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MAJOR PROVISIONS (CONTD)

• CONDENSATION OF THE EIGHTEEN CURRENT ZONING
  DISTRICTS INTO SEVEN LAND BASED FIVE WATER
  BASED INTENSITY DISTRICTS
• EXPANSION OF THE CZM COMMISSIONS JURISDICTION
  

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MAJOR PROVISIONS (CONTD)

• THE PLAN IS INTENDED TO COVER A TEN YEAR
  PERIOD, WITH PROVISION FOR ANNUAL REVIEWS AND
  MAJOR FIVE YEAR UPDATES

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COMPLETION OF PLAN

• THE ORIGINAL DRAFT WAS COMPLETED BY THE CCZP
  DIVISION IN 1994-1995 BUT NEVER ADOPTED.
• ON APRIL 22, 2003, GOVERNOR CHARLES W.
  TURNBULL DIRECTED DPNR TO UPDATE IT FOR
  SUBMISSION TO THE LEGISLATURE AS SOON AS
  POSSIBLE.

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STEPS TAKEN TO UPDATE PLAN

• FORMED A STEERING COMMITTEE CONSISTING OF KEY
  DEPARTMENTAL STAFF TO REVIEW THE PLAN AND
  PROVIDE INPUT ON ITS UPDATE.
• SECURED A CONTRACTOR WHO UPDATED AND AUTOMATED
  THE CLWUPS MAPS BASED ON DEVELOPMENT ACTIVITIES
  SINCE 1994-95.

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STEPS TAKEN (CONTD)

• WHILE A SINGLE TIERED SYSTEM OF DEVELOPMENT
  THAT (REFLECTS THE PLANS PHILOSPHY INTENT)
  WILL BE RETAINED, REVISIONS ARE BEING MADE TO
  REFLECT SEPAERATE AUTHORITIES FOR THE
  ADMINISTRATION AND ENFORCEMENT OF DEVELOPMENTS
  IN TIERS 1 AND 2 OF THE COASTAL ZONE.

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STEPS TAKEN (CONTD)
4. FUNDING IS BEING SOUGHT FOR IMPLEMENTATION OF
THE PLAN.
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STATEMENT OF NEED
THE FINAL SLIDES SUCCINTLY REITERATE FOUR BASIC
REASONS WHY THE CLWUP IS VITALLY NEEDED
NOW!
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STATEMENT OF NEED

• LAWS ENACTED SINCE THE 1970S MUST BE UPDATED TO
  ADEQUATELY ADDRESS BOTH CURRENT AND FUTURE
  GROWTH/DEVELOPMENT NEEDS.

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STATEMENT OF NEED (CONTD)
2. THE TWO-TIER SYSTEM IMPOSES DIFFERENT SETS OF
MANAGEMENT LAWS (I.E. CZM ACT IN TIER 1,
AND EARTH CHANGE LAW IN TIER 2). THE
CURRENT SYSTEM DOES NOT FULLY ADDRESS
ENVIRONMENTAL CONSTRAINTS
-(PARTICULARLY IN TIER 2).
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STATEMENT OF NEED (CONTD)

• THE CURRENT ZONING SYSTEM IS INFLEXIBLE -
  (EVIDENCED BY THE NUMBER OF REZONING PETITIONS
  RECEIVED BY DPNR).
• THE INEFFECTIVENESS OF CURRENT LAWS PERMITS
  HAPHAZARD DEVELOPMENT AND ADVERSE IMPACTS.

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STATEMENT OF NEED (CONTD)
A VIABLE SYSTEM IS REQUIRED TO APPROPRIATELY
MANAGE IMPACTS NOT ONLY WHERE DEVELOPMENT OCCURS,
BUT ALSO ON ADJACENT PROPERTIES.