A complete overhaul – that’s just about the only thing that can fix a set of local zoning codes that are unorganized, outdated and cluttered with loopholes, planning experts said Wednesday during a public meeting on St. Thomas.
The 15 residents that came out for the public meeting didn’t seem too surprised by the comments. Instead, they chuckled, nodded their heads and murmured in agreement as Stuart Meck, a research professor at Rutgers University, and Marya Morris of Chicago-based Duncan Associates, briefed them on the main points of a study on how to update the territory’s zoning and subdivision laws.
The study, commissioned through Planning and Natural Resources, took about a year, they said. Within that time, months were spent pouring over the V.I. Code and trying to bring together pieces of the zoning laws that were scattered all over the books.
"This code has a lot of organizational problems," Meck said. "There’s no logic to it."
"It’s definitely not a roadmap," Morris added.
It became clear within the first few minutes of the meeting that the two consultants were going to recommend that the zoning code be restructured. And they did — into 13 different chapters, with appendices. No one in the room seemed to disagree. In fact, local attorney Tom Bolt even suggested before the meeting wrapped that two more sections — one on how to enhance green space and another about development on off-shore islands and cays — be added.
The 84-page report that emerged from the study is also clear in its language.
"Zoning and subdivision regulations are the primary tools local governments have available to implement comprehensive land use plans and policies," it says. "In the absence of a plan, these regulatory documents, however vague or out of date, become the only formally adopted policies governing land-use development and review procedures. The Virgin Islands does not have an updated comprehensive plan."
The push for a comprehensive land and water use plan has been around for decades, but so far nothing has emerged. Many of those at Wednesday’s meeting said that conducting the study and thoroughly revising the code to deal with some of the outstanding and somewhat controversial issues — such as property rights — could be the way to finally getting such a proposal on the table.
Some of the findings and suggestions were simple: modernize the document, refine the definitions and create a set of objectives that deal specifically with the territory and its people.
"The vision of what the territorial government is trying to do does not come through clearly in this code," Meck said.
Some of the findings and suggestions were practical: set clear guidelines for the height, number of stories and how many people can live in each dwelling. Develop a mission statement for each zoning district and what that district is expected to accomplish. Create development standards in which all zoning districts and what’s allowed in them are listed.
"In the absence of a plan, this is your policy statement," Morris said.
And some of the findings and suggestions have been tossed around the community for years: a planning commission, made up of "lay people," should be set up to act as a buffer between DPNR and the Legislature on zoning matters. Many states have them, and without one, there’s no real way for local residents to have any input, Meck said.
He added that the Legislature should also refrain from granting use variances, which allow a piece of land to be used for something that’s not within its zoning designation.
"There’s a specific administrative process for this," Meck explained. "You have to give notice, conduct a fact-finding hearing — none of those elements exist in the code right now. The Legislature decides it wants to grant a use variance and it grants one. It shouldn’t be in that business."
And, while the Legislature should continue to have oversight in zoning matters, there should be some kind of decision-making criteria that senators can use when they’re making zoning changes, they added.
Interestingly, Meck also pointed out that the beach easement requirement included in the code could be unconstitutional and either needs to be removed or justified. He also said procedures and standards for subdivisions need to be "completely revised," incorporating a two-to-three step process for different types of subdivisions and a provision for performance/maintenance bonds to ensure that developers complete all improvements to the property.
There were few concerns from the audience after the presentation finished. But some did question a recommendation that the code include standards for development or construction on steep slopes, which one resident noted makes up most of the St. Thomas-St. John district.
"As a contractor, I think a lot of us have perfected building on steep slopes," said St. Thomas-resident Herman Lloyd. "Most of the architects here also design for steep slopes."
St. Thomas architect Tracy Roberts also pointed out that many local families whose land is passed down through generations might not be able to develop it if more stringent codes are put in place.
"I think that’s what stopped the land use plan before, and that’s what’s going to stop it again," she added.
Meck and Morris said they put the recommendation in after spotting a building built on a steep slope on St. John that was suffering from "tremendous erosion." They both also called attention to the Christiansted Bypass project on St. Croix, where they said there is "actual evidence of slope failure."
"It’s more about being specific about how you do this kind of work and dealing with the environmental issues of runoff," Morris said when asked what the steep slope standards are supposed to include.
Now that the report is complete, money needed to actually restructure and update the code has to be found, according to Marjorie Emanuel, DPNR’s Comprehensive and Coastal Zone Planning Division director. And once the money is found, requests for proposals issued and contractor selected, it should take about 18 months to actually complete the project, she explained.
"I’m going to make sure the commissioner follows through with the governor in getting the money," Emanuel pledged. "It would be a shame for us to have done all this and not go any further. We have to go further."
Similar public meetings are scheduled for 6 p.m. to 8 p.m. Thursday at the Legislative Conference Room on St. John and Friday from 4 p.m. to 6 p.m. at the V.I. Port Authority conference room on St. Croix.
A copy of the zoning report can be found on DPNR’s website at http://planning.dpnr.gov.vi/.
