HomeMy WebLinkAboutDRRCAgenda2025July241.Zoning Ordinance Text Amendment Proposals
1.A.Transfer of Development Rights & Traffic Impact Analysis Standards
Update
This is a proposal to amend Chapter 165 - Zoning Ordinance to clarify the Transfer of
Development Rights (TDR) program’s receiving property criteria, transfer process, and
development approval procedures. Additionally, staff proposes revising the adopted
Traffic Impact Analysis (TIA) Standards to facilitate the use of a TIA in the consideration
of TDR projects and other by right development.
This proposed amendment was initiated by Staff.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, JULY 24, 2025
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
107 NORTH KENT STREET, WINCHESTER VA 22601
DRRC07-24-25OA_TranfofDevRts_TrafImptAnalysis_Update.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: July 24, 2025
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Transfer of Development Rights & Traffic Impact Analysis Standards Update
Attachments:
DRRC07-24-25OA_TranfofDevRts_TrafImptAnalysis_Update.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: Wyatt Pearson, AICP, Director of Planning & Development
SUBJECT: Ordinance Amendment – Transfer of Development Rights & Traffic Impact
Analysis Standards Update
DATE: July 15th, 2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to clarify the Transfer of
Development Rights (TDR) program’s receiving property criteria, transfer process, and
development approval procedures. Additionally, staff proposes revising the adopted Traffic Impact
Analysis (TIA) Standards to facilitate the use of a TIA in the consideration of TDR projects and
other by right development
This ordinance amendment was initiated by staff.
Current Standard:
The TDR ordinance sets out a number of criteria to qualify properties to receive TDR rights, how
the transfer of rights is conducted, and how the eventual development is approved procedurally.
The proposed changes would remove any ambiguity regarding which comprehensive planned land
uses are appropriate as receiving areas by directly referencing them in the ordinance and
associating them with the underlying zoning district. In order to provide clarity to potential
program participants, the transfer process is proposed to be modified to allow for a contingent
Master Development Plan to be processed and approved prior to transfer of rights onto the
property. Additionally, a change to the development approval procedures includes a requirement
to coordinate the development plans with the standards contained in the County’s adopted Area
Plans to ensure that the projects are implemented in a manner that furthers implementation of the
Comprehensive Plan.
In 2009, the Board of Supervisors approved the attached Traffic Impact Analysis Standards as a
means for clarifying when and how TIAs would be required and conducted. Since then, VDOT
has updated Chapter 527 in a way that has largely deemed some of the references from the
County’s policy irrelevant or raised the bar too high for by right development projects in the staff’s
opinion. Therefore, staff recommend considering the attached changes to this policy alongside of
this ordinance amendment to provide the ability to require a TIA in the review of TDR projects
and other by right development.
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July 15, 2025
Page 2
Summary & Requested Action:
The Board of Supervisors discussed this item on July 9th, 2025, and recommended it go forward
to the Committee for additional discussion and authorized scheduling for public hearing (TBD).
Staff are seeking a recommendation from the Development Review and Regulations Committee
(DRRC) to provide to the Planning Commission and Board of Supervisors.
Questions regarding the proposed amendment should be directed at staff.
WGP
Attachment: 1. Draft Ordinance Amendment
2. 2009 Adopted Traffic Impact Analysis Standards
3. 2025 Proposed Traffic Impact Analysis Standards
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Frederick County, VA
§ 165-301.01 § 165-301.03
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ARTICLE III
Transfer Of Development Rights (TDR) Program
PART 301
Establishment and Purpose
[Added 4-28-2010]
§ 165-301.01. Purpose.
Pursuant to the authority granted by §§ 15.2-2316.1 and 15.2-2316.2 of the Code of Virginia, there
is established a transfer of development rights (TDR) program, the purpose of which is to transfer
residential density from eligible sending areas to eligible receiving areas and/or transferee through
a voluntary process for permanently conserving agricultural and forestry uses of lands and
preserving rural open spaces, and natural and scenic resources. The TDR program is intended to
supplement land use regulations, resource protection efforts and open space acquisition programs
and encourage increased residential density where it can best be accommodated with the least
impacts on the natural environment and public services by:
A.Providing an effective and predictable incentive process for property owners of rural and
agricultural land to preserve lands with a public benefit; and
B.Implementing the Comprehensive Policy Plan by directing residential land uses to the Urban
Development Area (UDA); and
C.Providing an efficient and streamlined administrative review system to ensure that transfers
of development rights to receiving areas are processed in a timely way and balanced with
other county goals and policies and are adjusted to the specific conditions of each receiving
area.
§ 165-301.02. Applicability. [Amended 11-13-2013]
The procedures and regulations in Article III of Chapter 165 shall apply to the transfer of
development rights from land qualifying as sending properties to land qualifying as receiving
properties and/or to a transferee. Land utilizing transferred development rights may be subdivided
at an increased density above the base density specified by Tables 1 to 3 in § 165-302.03 in
applicable receiving areas. All development utilizing transferred development rights shall conform
to the guidelines contained in the Comprehensive Policy Plan.
§ 165-301.03. Right to transfer development rights; general provisions.
A.A development right shall be transferred only by means of documents, including a covenant
to which Frederick County is party and any appropriate releases, in a recordable form
approved by the Director of Planning and Development or his designee. The covenant shall
limit the future construction of dwellings on a sending property to the total number of
development rights established by the zoning of the property minus all development rights
previously transferred in accordance with this chapter, any development rights previously
extinguished or limited as a result of a recorded covenant against the property, the number of
development rights to be transferred by the proposed transaction, and the number of existing
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§ 165-301.03 § 165-301.03
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single-family detached dwellings on the sending property. If a sending property contains no
dwelling units, a development right equal to that for one single-family dwelling must be
maintained for the property, except that for properties larger than 100 acres, one development
right equal to that for one single-family dwelling must be maintained for each multiple of 100
acres, or fraction thereof, contained within the sending property.
B. Each transferor shall have the right to sever all or a portion of the rights to develop from the
parcel in a sending district and to sell, trade, or barter all or a portion of those rights to a
transferee consistent with the purposes of § 165-301.01 so long as the conditions of
§ 165-301.03A are met.
C. Any transfer of development rights pursuant to this chapter authorizes only an increase in
maximum density and shall not alter or waive the development standards of the receiving
district, nor shall it allow a use otherwise prohibited in a receiving district.
D. Transfer of development rights shall not be available for the following:
(1) Portions of lots owned by or subject to easements (including, but not limited to,
easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines)
in favor of governmental agencies, utilities and nonprofit corporations.
(2) Land restricted from development by covenant, easement or deed restriction.
E. Any transfer of development rights shall be recorded among the land records of Frederick
County, Virginia.
F. Value of transferable development rights. The monetary value of transferred development
rights is completely determined between the seller and buyer.
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Frederick County, VA
§ 165-302.01 § 165-302.02
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PART 302
Sending and Receiving Properties
§ 165-302.01. Sending properties.
A. For the purposes of this chapter, a sending property must be an entire tax parcel or lot qualified
under § 165-302.01B of this section. Sending areas may only be located within the rural areas
outside of the Urban Development Area (UDA) and the Sewer and Water Service Area
(SWSA), and zoned RA (Rural Areas), as described in the Comprehensive Policy Plan and
the RA Zoning District of this chapter.1 A sending property shall be maintained in a condition
that is consistent with the criteria in this section under which the sending was qualified.
B. Qualification of a sending property shall demonstrate that the site contains a public benefit
such that the preservation of that benefit by transferring residential development rights to
another site is in the public interest, according to all of the following criteria:
(1) Designated in the Comprehensive Policy Plan as Rural Area;
(2) Designated on the Zoning Maps of Frederick County as being zoned RA (Rural Areas)
and be located outside of the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA);
(3) Designated on the Sending Areas Map;
(4) Comprised of at least 20 acres in size; and
(5) Qualified for subdivision in accordance with Chapter 144 of the Frederick County Code,
including, but not limited to, meeting all state road and access requirements. For TDR
purposes, if the sending property consists of more than one parcel of land, at least one
lot must meet all the subdivision requirements of Chapter 144; this lot shall be deemed
the primary lot. Additional parcels that do not meet the subdivision requirements but are
contiguous to the primary lot may be added to the sending property, if they are all under
common ownership. For purposes of this section, lots divided by a street are considered
contiguous if the lots would share a common lot line if the street was removed.
[Amended 11-13-2013]
C. If a sending property has any outstanding code violations and/or unpaid taxes, the owner shall
resolve these violations, including any required abatement, restoration, or payment of
penalties or taxes, before the property may be qualified as a sending property in the transfer
of development rights program.
§ 165-302.02. Receiving properties.
A. Except as provided in Subsections B and C of this section, in order to be eligible as a
receiving property, a property must be:
(1) Located in one of the following zoning districts:
1. Editor's Note: See Art. IV, Agricultural and Residential Districts, Part 401, RA Rural Areas District.
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Frederick County, VA
§ 165-302.02 § 165-302.03
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(a) RP (Residential Performance) District; or
(b) R4 (Residential Planned Community) District; and identified in the Frederick County
Comprehensive Plan as Planned Unit Development; oror
(c) RA (Rural Areas) District; and identified in the Frederick County Comprehensive Policy
Plan as Residential, Urban Center, or Neighborhood Village; and
(2) Designated on the Receiving Areas Map;
(3) Served by public water and public sewer;
(4) Served by state-maintained roads or have the ability to utilize private roads in the RP
District as permitted by Chapter 165 or Chapter 144;
(5) Located within the Urban Development Area (UDA) or a designated and defined Rural
Community Center as identified in the Comprehensive Policy Plan; and
(6) Identified in the Frederick County Comprehensive Policy Plan for residential land uses.
B. A property is not eligible as a receiving property if the transfer of development rights to the
property would adversely impact regionally or locally significant historical resources or
naturally sensitive areas as specified in the Comprehensive Policy Plan.
C. A property is not eligible as a receiving property if the property is located within the airport
support area as identified by the Comprehensive Policy Plan.
D. If a receiving property has any outstanding code violations and/or unpaid taxes, the owner
shall resolve these violations, including any required abatement, restoration, or payment of
penalties or taxes, before the property may be qualified as a receiving property in the transfer
of development rights program.
E. A receiving property may accept development rights from one or more sending properties, up
to a maximum density specified in Tables 1 to 3 in § 165-302.03. [Amended 11-13-2013]
§ 165-302.03. Calculation of development rights.
A. The number of residential development rights that a sending property is eligible to send to a
receiving property and/or transferee shall be determined by applying the sending property
base density established in Subsection C of this section to the area of the sending property
after deducting all the following:
(1) Development rights previously transferred in accordance with this chapter;
(2) Development rights previously extinguished or limited as a result of a recorded
conservation easement or similar covenant against the property;
(3) The number of existing single-family dwellings on the sending property;
(4) The amount of any submerged land (i.e., lakes, ponds, streams), floodplains, and steep
slopes as determined by Frederick County GIS data.
(5) The amount of any land contained within easements (including, but not limited to,
easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines)
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Frederick County, VA
§ 165-302.03 § 165-302.03
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in favor of governmental agencies, utilities and nonprofit corporations.
B. If a sending property contains no dwelling units, a development right equal to that for one
single-family dwelling must be maintained for the property. Properties with over 100 acres
shall be required to retain the number of development rights required in accordance with
§ 165-301.03A.
C. For the purposes of calculating the amount of development rights a sending property can
transfer, the square footage or acreage of land contained within a sending property shall be
determined by a valid recorded plat or survey, submitted by the applicant property owner and
that has been prepared and stamped by a land surveyor licensed in the Commonwealth of
Virginia.
D. For the purposes of the transfer of development rights program only, sending sites zoned RA
(Rural Areas) shall have a base density of one dwelling unit per five acres for transfer
purposes.
E. Any fractions of development rights that result from the calculations in Subsection A of this
section shall not be included in the final determination of total development rights available
for transfer.
F. Development rights from one sending property may be allocated to more than one receiving
property and/or transferee and one receiving property and/or transferee may accept
development rights from more than one sending property.
G. The determination of the number of residential development rights a sending property has
available for transfer to a receiving property and/or transferee shall be documented in a TDR
letter of intent to issue a transfer of development rights certificate issued by the Director of
Planning and Development or his designee, pursuant to the provisions of § 165-302.05 of
Chapter 165, and shall be considered a final determination, not subject to revision. Such a
determination shall be valid only for purposes of the transfer of development rights program
and for no other purpose. Any changes to the proposed sending property shall void any issued
letters of intent.
H. A sending property transferee may extinguish TDR density rights, sever and hold TDR
density rights, sever and sell TDR density rights, or apply TDR rights to a receiving property
in a receiving district in order to obtain approval for development at a density greater than
would otherwise be allowed on the land in the receiving district, up to the maximum density
or intensity outlined in the table below. [Amended 11-13-2013]
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Frederick County, VA
§ 165-302.03 § 165-302.03
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Table 1
Maximum Density Allowed in Zoning Districts Through Transfer of Development
Rights (TDR) Program
Zoning District and
Land Use
Property Size
(acres)
Maximum Density
in Dwelling Units
per Acre Without
TDRs
Maximum Density
for Dwelling Units
per Acre with TDR
Transfers
RA (Rural Areas) RA receiving
property
1 unit per 5 acres Density for qualified
RA receiving
properties in the
UDA shall be
consistent with the
allowable RP density
utilizing TDRs (see
below)
RA (Rural Areas)
*For designated rural
community centers
RA receiving
property
1 unit per 5 acres 1 unit per acre in
designated rural
community centers
served by community
septic systems
RP (Residential
Performance)
*Density by parcel
size for all other
housing types and
developments with
mixed housing types
*See § 165-402.05
for maximum
percentage of
multifamily housing.
0 to 10
10.1 to 25
25.1 to 50
50.1+
10
6
6
6
15
10
10
10
RP (Residential
Performance)
Multifamily
residential buildings
and Age-Restricted
multifamily
N/A 20 24
Garden apartments 10 15
Townhouse (single-
family attached)
10 15
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Frederick County, VA
§ 165-302.03 § 165-302.03
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Table 1
Maximum Density Allowed in Zoning Districts Through Transfer of Development
Rights (TDR) Program
Zoning District and
Land Use
Property Size
(acres)
Maximum Density
in Dwelling Units
per Acre Without
TDRs
Maximum Density
for Dwelling Units
per Acre with TDR
Transfers
R4 (Residential
Planned Community)
>100 4 10
I. TDR density rights may be converted to bonus density rights by an increase in the residential
density on the receiving property, based on the conversion factors in the table below.
[Amended 11-13-2013]
Table 2
Maximum Density Allowed in Zoning Districts Through Transfer of Development
Rights (TDR) Program
Designated Sending Area
Each Transferred Density Right May Be
Converted to This Bonus Density in the
Receiving Area
Sending Area No. 1 1 density right = 2 dwelling units
Sending Area No. 2 1 density right = 1.5 dwelling units
Sending Area No. 3 1 density right = 1 dwelling unit
(1) Allowable sending area bonus density remains subject to the maximum density
provisions outlined in Table 1 of § 165-302.03H.
(2) If properties located in Sending Area No. 1 (designated Agricultural and Forestal
District) that have transferred bonus density rights are subsequently withdrawn from the
designated sending area (the designated Agricultural and Forestal District), the total
number of density rights transferred, including bonus density rights, shall be counted
against any future subdivision ability of the property.
(3) When TDR density rights are applied to a receiving property, the density right to housing
type conversion rate shall be outlined in the table below. Such density conversions shall
be demonstrated on the master development plan for the receiving property.
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Frederick County, VA
§ 165-302.03 § 165-302.05
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Table 3
TDR Density Right Conversion Rate
Housing Type Conversion Rate
Single-family 1 TDR density right = 1 dwelling unit
Single-family attached 1 TDR density right = 1.5 dwelling units
(*all fractions must be rounded down)
Multifamily 1 TDR density right = 1.75 dwelling units
(*all fractions must be rounded down)
§ 165-302.04. TDR sending property development limitations.
A. Following the transfer of residential development rights, a sending property that has retained
part of its development rights may subsequently accommodate remaining residential dwelling
units on the sending property consistent with the requirements of the RA (Rural Areas)
District and all requirements of the Frederick County Code. A sending property that has
retained part of its development rights may also transfer the remainder of the eligible rights
through the transfer of development rights program.
B. On sending properties with environmental features as outlined in § 165-302.03A, the
development rights shall be severed from the areas outside of the specified environmental
features. If development rights are retained on the sending property, future subdivision of the
parcel cannot occur on the areas where development rights have already been severed.
C. The limitations in this section shall be included in a deed covenant applicable to the sending
property.
§ 165-302.05. Sending property certification.
A. The Director of Planning and Development or his designee shall be responsible for
determining that a proposed sending property meets the qualifications of § 165-302.01. The
Director of Planning and Development or his designee shall render a determination or denial
under this subsection within 60 days of the date of submittal of a completed sending property
determination application. If the determination is that a property meets the qualifications of
§ 165-302.01, the Director of Planning and Development or his designee shall issue the
determination in the form of a letter of intent to issue a transfer of development rights
certificate. A letter of intent issued under this subsection shall be valid until the development
rights are severed and extinguished through the transfer process or unless applicable zoning
changes are approved that would affect the sending property or unless the property is
developed.
B. Determinations of sending property qualifications under Subsection A of this section are
appealable to the Board of Supervisors by filing a notice of appeal with the Director of
Planning and Development or his designee within 30 days of the date of the determination.
C. The Director of Planning and Development shall be responsible for maintaining permanent
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Frederick County, VA
§ 165-302.05 § 165-302.05
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records of action taken pursuant to the transfer of development rights program under this
Article III of Chapter 165, including records of letters of intent issued, certificates issued,
deed restrictions and covenants known to be recorded, and development rights retired,
otherwise extinguished, or transferred to specific properties and/or transferees.
D. Responsibility for preparing a completed application for a determination that a proposed
sending property meets the qualifications of § 165-302.01 rests exclusively with the
applicant/property owner. An application for a transfer of development rights to issue a
transfer of development rights letter of intent shall contain:
(1) A certificate of title for the sending property prepared by an attorney admitted to practice
law in the Commonwealth of Virginia;
(2) Five copies of a valid recorded plat or survey of the proposed sending parcel and a legal
description of the sending property prepared by a land surveyor licensed in the
Commonwealth of Virginia;
(3) A plan showing the existing and proposed dwelling units and any areas already subject
to a conservation easement or other similar encumbrance;
(4) A completed density calculation worksheet for estimating the number of available
development rights;
(5) The application fee as set forth in the development review fees adopted by the Board of
Supervisors; and
(6) Such additional information required by the Director of Planning and Development or
his designee as necessary to determine the number of development rights that qualify for
transfer.
E. A transfer of development rights letter of intent issued by the Director of Planning and
Development or his designee shall state the following information:
(1) The name of the transferor;
(2) The name of the transferee, if then known;
(3) A legal description of the sending property on which the calculation of development
rights is based;
(4) A statement of the size, in acres, of the sending property on which the calculation of
development rights is based;
(5) A statement of the number of development rights, stated in terms of number of dwelling
units, eligible for transfer;
(6) If only a portion of the total development rights is being transferred from the sending
property, a statement of the number of remaining development rights, stated in terms of
number of dwelling units, remaining on the sending property;
(7) The date of issuance;
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§ 165-302.05 § 165-302.06
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(8) The signature of the Director of Planning and Development or his designee; and
(9) A serial number assigned by the Director of Planning and Development or his designee.
F. No transfer of development rights under this article shall be recognized by Frederick County
as valid unless the instrument of transfer contains the transfer of development rights
certificate issued under this section.
§ 165-302.06. Instruments of transfer.
A. An instrument of transfer of development rights shall be reviewed and approved as to the
form and legal sufficiency by the County Attorney and, upon such approval, the County
Attorney shall notify the transferor or his or her agent, who shall record the instrument with
the Clerk of the Circuit Court and shall provide a copy to the Commissioner of the Revenue.
An instrument of transfer of development rights shall conform to the requirements of this
section and shall contain the following:
(1) The names of the transferor and the transferee;
(2) A legal description and plat of the sending property prepared by a land surveyor licensed
in the Commonwealth of Virginia;
(3) The transfer of development rights certificate described in § 165-302.03G;
(4) A covenant indicating the number of development rights remaining on the sending
property and stating that the sending property may not be subdivided to or developed to
a greater density than permitted by the remaining development rights;
(5) A covenant that the transferor grants and assigns to the transferee and the transferee's
heirs, assigns, and successors a specific number of development rights from the sending
property to a receiving property and/or a transferee;
(6) A covenant by which the transferor acknowledges that he has no further use or right of
use with respect to the development rights being transferred; and
(7) A covenant that all provisions of the instrument of transfer of development rights shall
run with and bind the sending property and may be enforced by Frederick County.
B. An instrument of transfer of development rights shall be recorded prior to release of
development permits, including building permits, for the receiving property.
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Frederick County, VA
§ 165-303.02 § 165-303.02
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PART 303
Transfer Process and Development Procedures
§ 165-303.01. Transfer process.
Development rights shall be transferred using the following process:
A. Following approval of the sending property determination application and issuance of the
letter of intent as described in § 165-302.05, the Director of Planning and Development or his
designee shall issue the transfer of development rights certificate, agreeing to a transfer of
development rights in exchange for the proposed sending property deed covenant to which
Frederick County is a party. If a sending property with a transfer of development rights
certificate changes ownership, the certificate may be transferred to the new owner if requested
in writing to the Department of Planning and Development by the person(s) that owned the
property when the certificate was issued, provided that the documents evidencing the transfer
of ownership are also provided to the Department of Planning and Development.
B. In applying for receiving property or receiving person approval, the applicant shall provide
the Department of Planning and Development with one of the following:
(1) A transfer of development rights certificate issued in the name of the applicant;
(2) A transfer of development rights certificate issued in the name of another person or
persons and a signed option to purchase those TDR sending property development
rights; or
(3) A transfer of development rights certificate issued in the name of the applicant or another
person(s) and a copy of a signed option to purchase those TDR sending property
development rights.
C. The receiving property applicant and/or transferee may elect to submit a Master Development
Plan and receive approval of the same, if compliant with County Code, contingent upon the
final transfer of development rights.
C.D. The receiving property applicant and/or transferee shall deliver the documentation outlined
in § 165-303.01B for the number of TDR development rights being severed or transferred
and the TDR extinguishment document to the County.
D.E. Development rights from a sending property shall be considered transferred to a receiving
property and/or a transferee and extinguished when the extinguishment document for the
sending property has been recorded.
§ 165-303.02. Development approval procedures.
A. A request to utilize transferred development rights on an eligible receiving property must be
in the form of a Master Development Plan and a Subdivision Design Plan submitted to the
Department of Planning and Development in accordance with the Zoning and Subdivision of
Land regulations contained in Chapters 165 and 144 of the County Code.
A. Any proposed development utilizing transferred development rights will comply with the
standards contained within the County’s Area Plans as adopted in the Frederick County
Comprehensive Plan for the receiving area in which the development shall occur. This
may include but is not limited to the dedication of rights of way for future planned roads
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Frederick County, VA
§ 165-303.02 § 165-303.02
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and trail systems, or their construction if warranted via the Traffic Impact Analysis (TIA).
B. All subdivisions for receiving properties zoned RA (Rural Areas) utilizing development
rights shall be subject to the same requirements as property zoned RP (Residential
Performance) and shall not qualify for the standards specified in § 144-31 of the Frederick
County Code
B.C. A final recorded plat for a subdivision using transferred development rights shall contain a
statement setting forth the development proposed, the zoning classification of the property,
the number of development rights used, and a notation of the recordation of the conveyance
required by § 165-302.06.
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Traffic Impact Analysis Standards
Approved by Board of Supervisors on July 22, 2009
A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the
opportunity to assess the impact of a proposed development. The TIA should provide
sufficient information to allow this assessment to take place. Any application that
includes a TIA, which does not meet the standards herein, shall not be considered
complete.
When a TIA is required
Any action that meets the thresholds outlined in the Virginia Department of
Transportation Chapter 527 regulations shall require a TIA (see attached VDOT table).
Additionally, Frederick County may choose to require a TIA under the following
scenarios:
1. All rezonings will require a TIA unless waived by Planning Staff.
2. TIA’s for Master Plans will be held to the VDOT Chapter 527 standard for
Subdivision Plat, Site Plan, or Plan of Development.
3. Any other proposed action (other than site plan) that has not been previously
approved by the County and is expected to generate 100 or more residential
vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak
hour, where a TIA has not been completed for a similar or greater trip
generation. Additionally, staff may require a TIA on corridors experiencing
significant congestion or safety concerns.
4. A change in use that has not been previously approved by the County and,
while not resulting in greater trip generation, results in a significant change in
trip demographics or peak travel times resulting in an unstudied impact on the
transportation system as determined by VDOT or the County.
Process and Report Requirements
1. Submit a determination form to Planning Staff, which will be used to
determine whether the project requires a TIA or a VDOT Chapter 527
submittal.
2. Each TIA will be required to undergo a formal scoping meeting with VDOT
and County Staff. The applicant shall be responsible for scheduling the
scoping meeting with the above agencies. A re-scoping meeting will not be
required in the event that one of the agencies is absent.
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3. Each submittal must include the following:
a. All required VDOT copies and payment to VDOT for Chapter 527
submittal.
b. All items on the checklist which can be found in the Traffic Impact
Analysis Regulations Administrative Guidelines published by VDOT in
September, 2007. (Utilize the subdivision plat or site plan package
checklist for master plans.)
c. One paper copy (or PDF on CD) and one CD with modeling files. If
submitting PDF of the report, both report and modeling files may be on
the same CD.
d. Planning Staff will distribute all copies to VDOT for review within ten
business days and will provide comments and or approval of the TIA
within four weeks of submittal.
4. Each TIA must include the following:
a. An executive summary which summarizes the development; significant
findings of the TIA; and results of proposed mitigation.
b. Sections on existing traffic, existing traffic with design year background
traffic, existing traffic with design year background and development
generated traffic. In certain situations it may be appropriate to eliminate
some of the above scenarios or to have other scenarios included; the
Planning Staff in concert with VDOT are entitled to make modifications at
the scoping meeting.
c. The TIA must include all proposed access points, with details about access
type.
d. Accident Data for the most recent three year period to include accident
type and severity if readily available from the State Police.
e. Appendices that include output report sheets from the analysis software,
grouped according to location.
f. Planning Staff and/or VDOT may require additional analysis, required by
the uniqueness of each development.
Technical Details
1. Trip generation must be determined using the most recent addition of the ITE.
Trip Generation Report unless a variance is granted by VDOT or the Planning
Staff. Only trip generation methodology approved by VDOT and Planning
Staff may be used.
2. The TIA must depict the maximum traffic generated by the proposed zoning
as determined by the Planning Staff. If the proposed proffers limit the
development activities to uses that produce equal or less traffic, a less than
maximum impact may be used.
3. The applicant may include other applicable scenarios in their presentation to
the Board of Supervisors and/or Planning Commission.
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4. Existing signal timings provided by VDOT must be used for existing
conditions. However, where existing signal timings are not operating
optimally as demonstrated by the applicant and agreed to by VDOT, an
improved signal timing plan may be used if that plan is provided by the
applicant.
5. Level of Service (LOS) must be considered for all signalized movements and
approaches and shown graphically in the report.
6. When level of service does not meet the requirements of the Comprehensive
Plan, the report must include suggested improvements that would mitigate the
impacts of the development as required by the Comprehensive Plan.
7. When a new signal is proposed, arterial level of service must be analyzed,
including a signal progression analysis if warranted.
8. When conditions of existing or existing with background scenarios result in a
level of service F, additional analysis must be completed, including
development traffic to determine the impacts of the new development. Items
to include in this comparison are intersection capacity utilization, changes in
delays, queue lengths, and vehicle to capacity ratio.
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Traffic Impact Analysis Standards
Proposed for consideration July 2nd, 2025
A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the
opportunity to assess the impact of a proposed development. The TIA should provide
sufficient information to allow this assessment to take place. Any application that
includes a TIA, which does not meet the standards herein, shall not be considered
complete.
When a TIA is required
Any action that meets the thresholds outlined in the Virginia Department of
Transportation Chapter 527 regulations shall require a TIA. Additionally, Frederick
County may choose to require a TIA under the following scenarios:
1. All rezonings will require a TIA unless waived by Planning Staff.
2. Any other proposed action that has not been previously approved by the
County and is expected to generate 100 or more residential vehicle trip ends in
the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA
has not been completed for a similar or greater trip generation unless waived
by Planning Staff. Additionally, staff may require a TIA on corridors
experiencing significant congestion or safety concerns.
3. A change in use that has not been previously approved by the County and,
while not resulting in greater trip generation, results in a significant change in
trip demographics or peak travel times resulting in an unstudied impact on the
transportation system as determined by VDOT or the County unless waived
by Planning Staff.
Process and Report Requirements
1. When seeking to waive the TIA requirement, a request shall be submitted in
writing to Planning Staff. Staff may request additional information such as trip
generation or other data which will be used to determine whether the project
requires a TIA. Staff may also request a lower level of analysis than a full
TIA if warranted.
2. All TIA’s will be required to undergo a formal scoping meeting with VDOT
and County Staff. The applicant shall be responsible for scheduling the
scoping meeting.
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3. Regardless of application type (ie Rezoning, Masterplan, Site Plan,
Subdivision Plan, etc), TIA’s shall be conducted in accordance with
guidelines set forth in VDOT’s Administrative Guidelines for the Traffic
Impact Analysis Regulations and 24 VAC 30-155.
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