032-96
VESTED RIGHTS POLICY STATEMENT
RESOLUTION
At a regular meeting of the Frederick County Board of Supervisors, held on the 10th day of
April, 1996, in the Board Room of the Frederick County Court House on Loudoun Street in
Winchester, Virginia, it was duly moved and seconded that the following resolution be adopted:
WHEREAS, residential, commercial and industrial development within Frederick County,
Virginia, is continuing at a significant rate; and,
WHEREAS, the Frederick County Board of Supervisors continues to develop policies to
address the management of growth in the community; and,
WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a
Vested Rights Policy Statement will provide a valuable planning tool for County Officials and
property developers within Frederick County; and,
WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a
Vested Rights Policy Statement will initiate a technique for consistent decision making
regarding development and design issues.
THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors endorses
the adoption ofa Vested Rights Policy Statement for Frederick County, Virginia.
This resolution shall be adopted by the following recorded vote:
James L. Longerbeam, Chairman
Aye
Charles W. Orndoff, Sr.
Aye
W. Harrington, Smith, Jr.
Aye
Margaret B. Douglas
Aye
Robert M. Sager
-~
Richard C. Shickle
~
A COPY ATTEST
~
;'. /. ~
John R.-Riley, Jr., Coun y Administrator
RESOLUTION NO.: 032-96
VESTED RIGHTS POLICY STATEMENT
FOR FREDERICK COUNTY, VA
The information set forth in this document is intended to define the requirements of the Code of
Frederick County that maintain a vested right when provided on a legally approved development
plan, or a legally approved and recorded plat. It is envisioned that these requirements be vested
perpetually unless future legislative actions at the State or Federal levels mandate otherwise.
1) Master Development Plans:
a) Overall land use plans shall be vested when depicted on an approved master development
plan.
b) Proposed residential densities, the type of residential dwelling, the number of residential
dwellings within various development phases, and commercial or industrial floor to area
ratios (FAR) shall be vested if the appropriate terminology and numeric information is
clearly depicted on an approved master development plan.
(
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c)
Proposed widths for required buffers shall be vested if the appropriate terminology and
numeric information is clearly depicted on an approved master development plan.
However, requirements for screening shall be required as mandated by the current
ordinance.
d) Percentages or acreage of required common open space and recreational areas shall be
vested if the appropriate terminology and numeric information is clearly depicted on an
approved master development plan. .
e) The number of recreational areas designated on an approved master development plan shall
be vested. However, required recreational amenities and installation specifications shall be
mandated by current ordinance requirements.
2) Subdivision Design Plans:
a) The use of each parcel and the number of lots in each use shall be vested when depicted on
an approved subdivision plan.
b)
The location and acreage of each parcel of land dedicated for common open space or for
public use shall be vested if the appropriate terminology and numeric information is clearly
depicted on the approved subdivision design plan.
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