PC 04-02-14 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 2, 2014
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the agenda for the meeting ................................................................. (no tab)
2) March 5, 2014 Minutes .................................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #02-14 Jessica M. Neff, for a Kennel. The property is located
at 461 Laurel Grove Road, and is identified with Property Identification Number 73-9-3
in the Back Creek Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
6) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article
VII – Overlay Districts, Part 702 FP Floodplain Districts. Revisions to the Frederick
County Zoning Ordinance to bring Part 702 – Floodplain Districts into compliance
with the Virginia Department of Conservation and Recreation’s (DCR) Virginia
Model Floodplain Management Ordinance.
Mrs. Perkins ....................................................................................................................... (C)
INFORMATION/DISCUSSION ITEMS
7) Master Development Requirements. Discussion on revisions to Part 801 of the
Frederick County Zoning Ordinance, Master Development Plans, per the Business
Friendly Recommendations Committee.
Mrs. Perkins ...................................................................................................................... (D)
-2-
8) Landscaping Requirements. Discussion on revisions to Part 203 of the Frederick County
Zoning Ordinance, Buffer and Landscaping, per the Business Friendly Recommendations
Committee.
Mrs. Perkins ....................................................................................................................... (E)
9) UDA Centers and the 2030 Comprehensive Plan – The Planning Commission will
discuss a proposed amendment to the 2030 Comprehensive Plan; Frederick County UDA
Centers and the 2030 Comprehensive Plan. This amendment is a follow up to and in
support of the UDA Center Design Cabinet Report and the draft Traditional Neighborhood
Design (TND) Ordinance discussion. The proposed amendment continues to consolidate
and reinforce the UDA Center discussion within the 2030 Comprehensive Plan and further
strengthens sound planning principles within the County’s urban areas. The aim of this
proposed amendment is to illustrate why UDA Centers in Frederick County are important
and to highlight who would benefit from living in these strategic growth areas. The
proposed amendment would be inserted into the Plan within Chapter I, Urban Areas.
Mr. Ruddy ......................................................................................................................... (F)
10) Other
Adjourn
Frederick County Planning Commission Page 3064
Minutes of March 5, 2014
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 5, 2014.
PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; Kevin Kenney, Gainesboro District; Greg L. Unger, Back Creek District; J. Rhodes Marston,
Back Creek District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney;
Robert Hess, Board of Supervisors Liaison; and Martha Shickle, Winchester Planning Commission
Liaison.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; J. Stanley Crockett, Stonewall
District; Charles E. Triplett, Gainesboro District; and Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning
Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee S. Arlotta, Clerk.
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CALL TO ORDER
Chairman Wilmot called the March 5, 2014 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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WELCOME ROBERT S. MOLDEN, OPEQUON DISTRICT COMMISSIONER
Chairman Wilmot introduced the newly-appointed commissioner from the Opequon
District, Mr. Robert “Robbie” S. Molden. She noted that Mr. Molden was appointed to fill the vacant seat
left by Mr. Brian Madagan. Chairman Wilmot welcomed Mr. Molden to the Commission.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Minutes of March 5, 2014
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, the
minutes of the January 15, 2014 and February 5, 2014 Planning Commission meetings were unanimously
approved as presented.
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COMMITTEE REPORTS
Sanitation Authority (SA) – 2/18/14 Mtg.
Commissioner Unger reported the following information from the SA meeting: 14,304
customers currently on water; 13,549 customers currently on sewer; rainfall for January was
approximately 1½ inches; rainfall for December was approximately 5½ inches, water usage from the
Diehl plant was 2.7mgd; water usage from the Anderson plant was 1.8mgd; and purchased approximately
¾ mgd from the City of Winchester; daily average is slightly over 5mgd; elevation of the Diehl plant is
up approximately two feet; elevation of the Anderson plant is up approximately nine feet; a slight
problem involving increased nitrogen levels (up 10.13 compared with the normal 2.0 level) was
experienced at the Parkins Mill Plant, due to a mishap at H.P. Hood; 17% of leaks have been contained;
two wells are being tested in the Stephenson area and results are looking positive.
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Historic Resources Advisory Board (HRAB) – 2/18/14 Mtg.
Commissioner Oates reported that the HRAB discussed a Comprehensive Plan
amendment involving the McCann-Slaughter properties in the Stephenson area. Commissioner Oates
said the HRAB voted to maintain a Developmentally Sensitive Area (DSA) designation over this area.
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Transportation Committee – 2/24/14 Mtg.
Commissioner Oates reported the Transportation Committee had a lengthy discussion
regarding private streets in the Shenandoah development; he said this discussion will be continuing with
input from other subcommittees. Commissioner Oates said there was a request for Cougill Road to be
paved and bumped up on the list for hard-surfacing; he said unfortunately, no funding is available for
paving at this time. Commissioner Oates stated a group of 4-5 property owners attended the meeting and
requested that a private road located off Route 522 North be brought into the State System. He said there
was a long discussion about what it takes to bring a private road up to State standards in order to get the
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Minutes of March 5, 2014
road into the State’s System. He said VDOT was available to provide additional information.
Commissioner Oates believed the cost of bringing this private road up to standards would be too much for
the property owners to bear. Commissioner Oates deferred to Ms. Shickle to provide the update on the
MPO. Commissioner Oates said VDOT gave a presentation on Devolution, a program in effect since
2001; he said the presentation described the steps involved for how the County could take over a road;
however, the funding is only about half of what is normally received, if VDOT took care of the road.
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City of Winchester Planning Commission
City Planning Commissioner, Martha Shickle, reported the City Planning Commission
Retreat was rescheduled to this Saturday, March 8, 2014, and another meeting is scheduled for Tuesday,
March 11, 2014.
Commissioner Kenney, Liaison to the Winchester Planning Commission, reported the
City Planning Commission meeting held on the 18th of February conducted business on the following
items: approved a request for extended hours for a restaurant on Valley Avenue under Entertainment
District; approved a request for a conditional use permit for Ms. Rhodes to work in her home; postponed
consideration of an ordinance to rezone land on Commerce Street until a fiscal analysis report from site
engineers was received; considered an ordinance for amendment to the floodplain; and considered some
administrative items.
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Board of Supervisors’ Liaison Comments
Supervisor Hess recalled the February 5 Planning Commission meeting in which the
Commission considered a conditional use permit for Wesley Rudolph for a small engine repair business.
Supervisor Hess said it was clear to the Board from review of the Commission’s discussion, that there
was a desire to reduce some of the restrictions, especially considering the location and type of operation.
He said the Board, considering that all repair was to be done within the enclosed structure, eliminated the
restrictions on hours and days of operation, figuring there would be occasions, especially during the busy
season, where a customer might need a mower, chainsaw, or weed-eater the next day and Mr. Rudolph
may need to work late to accommodate that customer.
Supervisor Hess said it also appeared that perhaps when the Commission had removed
Condition #5 on the original proposal, it eliminated any possibility of Mr. Rudolph storing any lawn
tractors outside that he may be repairing. He said the Board added a condition enabling up to five
vehicles, namely lawn and garden tractors, which could be stored outside awaiting repair. Since all the
repair work was to take place inside, no one seemed to have a problem with this. Supervisor Hess said
the Board was pretty much in agreement with the intent of the Planning Commission to recognize the
unique circumstances of this particular conditional use permit request.
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Minutes of March 5, 2014
Citizen Comments
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda. The following person came forward to speak:
Mr. Alan Morrison, Gainesboro District, came forward to address the Floodplain Overlay
District. Mr. Morrison assumed the new proposed regulations were designed for new development and
Frederick County would take steps to prevent future development within a Floodplain District. Mr.
Morrison said his concern is with existing properties within floodplains, and the fact that floodplain areas
are poorly defined. He asked if these new regulations would impact current appraisal values. He
explained that if someone owns a parcel of property which is not yet developed, and the property is
considered to be partially within a floodplain, although the map is likely not as accurate as it should be,
would it tie back to the appraisal value of the property. Mr. Morrison said he owns a parcel of property
which is valued at four times what it should be and he has been through the appeal process. He said the
map indicates the parcel is only partially within the floodplain; however, he has photographic evidence
the parcel is over 90% within a floodplain. He said unfortunately, photographs are not considered to be
valid evidence in the appeals process. Mr. Morrison believed the floodplain areas should be connected to
the appraisal process.
Commissioner Kenney asked Mr. Morrison if he meant the assessment value, rather than
appraisal. Mr. Morrison replied yes, the appraisal for the assessment.
No one else wished to speak and Chairman Wilmot closed the citizen comments portion
of the hearing.
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PUBLIC HEARING
2014-2015 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects
requested by various Frederick County departments and agencies. The CIP is created as an
informational component of the 2030 Comprehensive Plan.
Action – Recommended Approval
Deputy Planning Director, Michael T. Ruddy, reported the Comprehensive Plans and
Programs Committee (CPPC) endorsed the 2014-2015 Capital Improvements Plan (CIP) at the end of last
year and they recommended the determination be made that it is in conformance with the 2030
Comprehensive Plan. Mr. Ruddy said following discussions of the CIP by the Planning Commission and
the Board of Supervisors, the Board directed the staff to move the CIP forward through the public hearing
process. Mr. Ruddy said the staff is seeking two motions from the Planning Commission this evening.
The first would be a determination that the CIP is in conformance with the 2030 Comprehensive Plan and
the second motion would be a recommendation from the Commission endorsing the CIP.
Mr. Ruddy next proceeded to give an overview of the CIP. He said there are 92 total
projects, which is a slight increase from last year. He pointed out the three-page table within the CIP
which includes a good deal of information and summarizes individual projects and the money associated
with the projects. Mr. Ruddy said this document is a planning tool to assist the County and is not a
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Minutes of March 5, 2014
budget document. In addition to the table, he said four maps are included which provide a visual
representation of where the different projects are located. He said the first map contains general County
Government, the second map highlights schools, the third map deals with the Department of Parks &
Recreation, and the fourth map deals with transportation improvements.
Mr. Ruddy reported that projects moving forward or completed include: all-day
kindergarten at the schools; the Gainesboro Citizens’ Convenience Center by Public Works; and the
Airport’s completed runway. The new and/or modified projects include: the County Administration and
the Schools both reflect the County/School Board Joint Administration Building; the Parks & Recreation
projects reflective of the public input survey efforts; and Transportation has been split into two sections,
the funded and the unfunded projects. He added some minor changes were made to the Library request,
the Airport request, and a couple new company requests from Fire & Rescue.
Mr. Ruddy emphasized the CIP continues to reinforce the connection between the CIP,
the Comprehensive Plan, and Rezonings.
Chairman Wilmot next opened the public hearing to citizen comments and she called for
anyone wishing to speak regarding the CIP. No one came forward to speak and Chairman Wilmot closed
the public comment portion of the hearing.
Commissioner Oates made a motion stating the 2014-2015 Capital Improvements Plan
(CIP) is in conformance with the 2030 Comprehensive Plan. This motion was seconded by
Commissioner Dunlap and was unanimously passed.
Commissioner Oates next made a motion endorsing the 2014-2015 Capital Improvements
Plan and recommended its approval to the Board of Supervisors. This motion was seconded by
Commissioner Kenney and unanimously passed.
BE IT RESOLVED, the Frederick County Planning Commission does hereby determine, by a unanimous
vote, that the 2014-2015 Capital Improvements Plan (CIP) is in conformance with the 2030
Comprehensive Plan; and,
BE IT FURTHER RESOLVED, the Frederick County Planning Commission does hereby unanimously
endorse the 2014-2015 Capital Improvements Plan and recommends its approval to the Board of
Supervisors.
(Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.)
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Public Facilities and the 2030 Comprehensive Plan – The Planning Commission will discuss a
proposed amendment to the 2030 Comprehensive Plan; Public Facilities as a component of the 2030
Comprehensive Plan. This amendment is a follow up to, and in support of, the discussion of the
Capital Improvements Plan (CIP) and the proposed County/ School Board Administration Building
to be located generally in Frederick County’s Urban Development Area. The proposed amendment
continues to promote Frederick County government and its effort to provide accessible, effective,
and high-quality government services to its citizens, business owners, and community partners.
The proposed amendment would be inserted into the Comprehensive Plan within Chapter VI,
Public Facilities-Creating Community.
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Minutes of March 5, 2014
Action – Recommended Approval
Deputy Planning Director, Michael T. Ruddy, reported that the Public Facilities and the
2030 Comprehensive Plan proposed amendment to the 2030 Comprehensive Plan is presented to the
Planning Commission as a public hearing item. Mr. Ruddy said the staff received direction from the
Board of Supervisors during their discussion of this item to move the Public Facilities and the 2030
Comprehensive Plan amendment through the public hearing process. This was following a discussion of
the location expectations part of this amendment. He said staff has incorporated comments received from
the Board of Supervisors into the amendment which has been forwarded to public hearing.
Mr. Ruddy stated the Comprehensive Plans & Programs Committee (CPPC) endorsed the
proposed amendment at their meeting on October 14, 2013. He said the proposed amendment was
initiated by the CPPC of the Planning Commission as a result of the initial discussion of this subject at the
August 26, 2013 CPPC meeting. He added the recent amendment to the CIP (Capital Improvements
Plan) was a catalyst for this discussion.
Mr. Ruddy presented the proposed language, with the Board’s revisions highlighted in
red, as a potential addition to be inserted into the 2030 Comprehensive Plan within Chapter VI, Public
Facilities–Creating Community with Public Facilities. Mr. Ruddy said the purpose of the proposed
amendment is to clarify and support what is already within the plan when it comes to community
facilities. Therefore, by the addition of the Frederick County Government Services with some policies
and some methods of implementation, the County is reinforcing the appropriate location and promoting
good accessibility to Frederick County Government services by making sure those services are located in
the appropriate areas; and, furthermore, guarantees government services are accessible through the use of
technology, which connects local government with the community.
Mr. Ruddy pointed out the highlighted section which read, “In general, the County shall
strive to improve access to government services through a variety of creative and proactive approaches.
This may include, but is not limited to, physically building community facilities in urban areas and those
locations including the County’s Urban Development Area, Sewer and Water Service Area, and/or areas
identified as future Urban Centers.”
Chairman Wilmot announced this was a public hearing and she called for anyone wishing
to speak regarding this item to please come forward. No one came forward to speak and Chairman
Wilmot closed the citizen comments portion of the hearing.
Commissioner Oates recalled when the request for the CIP change came through for the
County office building last summer; he was not in favor because it was not in the Comprehensive Plan.
Commissioner Oates said he likes the fact this will be in the Comprehensive Plan, so the next time it
comes before the Commission as an application, there will be valid support in the Comprehensive Plan.
Commissioner Oates stated he supported this proposed amendment.
Commissioner Oates next made a motion to adopt this change to the Comprehensive
Plan. His motion was seconded by Commissioner Manuel and was unanimously passed.
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Minutes of March 5, 2014
BE IT RESOLVED, that the Frederick County Planning Commission does hereby endorse and
recommends approval of the amendment to the Public Facilities and the 2030 Comprehensive Plan. This
amendment is a follow up to, and in support of, the discussion of the Capital Improvements Plan (CIP)
and the proposed County/School Board Administration Building to be located generally in Frederick
County’s Urban Development Area. The proposed amendment continues to promote Frederick County
Government and its effort to provide accessible, effective, and high-quality government services to its
citizens, business owners, and community partners. This amendment will be inserted into the
Comprehensive Plan within Chapter VI, Public Facilities-Creating Community.
(Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.)
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INFORMATION/ DISCUSSION ITEMS
Floodplain Overlay District - Discussion on Revisions to Part 702 of the Frederick County Zoning
Ordinance, Floodplain Overlay District
No Action Required
Planning Director, Eric R. Lawrence, reported that a similar revision to Part 702,
Floodplain Districts, was accomplished in 2009 as directed by the Department of Conservation and
Recreation (DCR). Also in 2009, the Department of Homeland Security’s Federal Emergency
Management Agency (FEMA) adopted new floodplain maps and required counties to amend their
ordinances, if they wanted to continue to participate in the flood insurance program.
Mr. Lawrence explained that with this newest revision, FEMA has not modified the
floodplain maps, and Frederick County will continue using the 2009 maps. However, FEMA has made
changes to some regulations which are now filtering down through the process to various counties and
they want to make certain counties are complying with requirements of both FEMA and DCR.
Mr. Lawrence said the premise behind this is for Frederick County to qualify and
participate in the National Flood Insurance Program. In order to do this, Frederick County will need to
make these changes. Ultimately, the staff will be seeking Board of Supervisors’ approval following
public hearings. Mr. Lawrence added that Frederick County’s draft changes to the Floodplain District are
acceptable to DCR and DCR will submit the amended ordinance to FEMA for compliance. He noted
Frederick County has until the end of June 2014 to satisfy the requirements. He also noted that Frederick
County’s maps will not be changing and the same maps from 2009 will continue to be used. Mr.
Lawrence said what is changing specifically is the process of procedurally allowing construction within
floodplain areas and the appeals process.
Mr. Lawrence next presented the draft changes to the FP Floodplain District which
showed new language in underlined bold and obsolete language stricken. Mr. Lawrence reviewed with
the Commission some of the primary revisions in the following sections: the new text regarding
designation and duties of the floodplain administrator; the new sections for jurisdictional boundary
changes and submitting technical data; the relocation and revisions to the “Description of Special Flood
Hazard Districts” sections; the revised “Factors to be Considered in Granting Variances” section; the
revised “Elevation and Construction Standards” section; and new and revised definitions.
Frederick County Planning Commission Page 3071
Minutes of March 5, 2014
Mr. Lawrence stated this item was presented to the Development Review and
Regulations Committee (DRRC) at their meeting on January 23, 2014. He said the DRRC endorsed the
changes and recommended that it be sent to the Planning Commission for discussion.
Commissioner Oates commented there was a Board of Zoning Appeals’ (BZA) case last
fall involving the Floodplain District. Commissioner Oates pointed out the ordinance applies to more
than residential dwellings; it also applies to barns and simple garden sheds. He said these structures
cannot be constructed within a floodplain. Commissioner Oates said he hasn’t taken on any floodplain
jobs in his surveying business for about ten years because there is so much red tape involved. He said
there are only a handful of surveyors left who will attempt this. Commissioner Oates said he realized
Frederick County has to participate; otherwise, flood insurance would cost way too much for the property
owner. He said even though the maps were digitized, the maps are the same and they’re not very
accurate. Commissioner Oates stated that FEMA has a program where shared funds from both the
County and FEMA are used to accurately determine where the floodplain is located, so there is not so
much discrepancy between the topography and the floodplain maps. He believed it could save citizens a
considerable amount of money because currently, it is expensive to have a floodplain study done. He said
the Board of Supervisors may want to consider having Frederick County’s floodplain maps made more
accurate for its citizens. Commissioner Oates added that it would be good if the County Assessors would
take these issues into consideration when they assess property, whether it is buildable or not.
Commissioner Dunlap stated he also had concerns about the floodplain maps because it is
probably not too clear on what sort of data these maps are based on. Commissioner Dunlap said he raises
this concern because it has been a topic of discussion lately of the regulatory process. He said some
localities are using the GPIN aerial topographic data maps to determine flood limits and this is actually
prohibited under Section 54, the Code of Virginia. He stated specific field runs or aerial topography
performed under a licensed surveyor-photogrammetrist or land surveyor must be used. He noted that
many of these county topographic maps don’t meet this qualification. Commissioner Dunlap said this
could result in property owners having to spend a considerable amount of money attempting to get this
corrected.
Mr. Lawrence commented this amendment does not drastically change the rules, but
simply tightens the procedural details. Mr. Lawrence said the staff will share the concerns raised by the
Commission with the Assessor’s Office and will also forward those concerns to the Board of Supervisors.
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DISCUSSION OF THE PLANNING COMMISSION’S 2014 RETREAT
Planning Director, Eric R. Lawrence, thanked everyone for participating in the 2014
Planning Commission Retreat on February 8 at the Holiday Inn in Winchester. He reported there was
excellent attendance and it was a productive day of strategic resource planning and interaction. Mr.
Lawrence provided a summary of the topics and associated discussions, which included the major
planning projects for 2014. During the 8:30 a.m. to 10:30 a.m. portion of the retreat, Mr. Lawrence said a
number of action items were established and he proceeded to provide an overview of those with the
members of the Commission.
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Minutes of March 5, 2014
The final session Mr. Lawrence reviewed centered on a Planning Commission Mission
Statement. Mr. Lawrence stated the Commission had expressed the desire to create a mission statement
and some potential language was discussed at the retreat and a preferred mission statement was chosen.
He said additional comments have been received since the retreat and Mr. Lawrence read the final version
for the Commission’s consideration. Mr. Lawrence believed the statement captured what
commissioners do as a Planning Commission body and what the Commission does for the community.
Commissioner Unger believed all of the proposed actions described were very good and
would benefit the Commission. He appreciated the staff following up on the items considered at the
retreat and the other Commission members agreed.
Upon motion made by Commissioner Oates and seconded by Commissioner Kenney,
BE IT RESOLVED, that on this date, March 5, 2014, the Frederick County Planning Commission does
hereby adopt the following mission statement by a unanimous vote:
“It is the mission of the Planning Commission to fairly and impartially represent the citizens of the
County on all planning issues brought before the Commission; and in so doing apply all applicable
policies, ordinances, and laws, to bring about effective recommendations to the Board of
Supervisors in support of the Comprehensive Plan and the citizens of our county.”
(Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.)
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OTHER
Cancellation of the Planning Commission’s March 19, 2014 Meeting
Chairman Wilmot announced there were no pending items for the March 19, 2014
meeting of the Planning Commission.
A motion was made by Commissioner Oates to cancel the March 19, 2014 meeting. This
motion was seconded by Commissioner Marston and unanimously passed.
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Frederick County Planning Commission Page 3073
Minutes of March 5, 2014
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting adjourned at 7:52 p.m.
Respectfully submitted,
____________________________
June Wilmot, Chairman
____________________________
Eric R. Lawrence, Secretary
CONDITIONAL USE PERMIT #02-14
JESSICA M. NEFF
Staff Report for the Planning Commission
Prepared: March 10, 2014
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 04/02/14 Pending
Board of Supervisors: 04/23/14 Pending
EXECUTIVE SUMMARY: This is a request for a Kennel - Dog Boarding.
The request complies with applicable policies and ordinances. The Planning staff recommends
approval of the CUP, with the following eight (8) conditions:
1. All review agency comments shall be complied with at all times.
2. No more than twenty-eight (28) dogs shall be permitted on the property at any given
time.
3. This CUP is solely to enable the board of dogs on this property.
4. No employees other than those residing on the property shall be allowed.
5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00
a.m.
7. Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
8. Any expansion or modification of this use will require an approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #02-14 Jessica M. Neff
March 10, 2014
LOCATION: The property is located at 461 Laurel Grove Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-9-3
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: VPI Agricultural Research and
Extension Center
PROPOSED USE: Kennel - Dog boarding.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 629, the VDOT facility which would
provide access to the property. Present entrance is adequate for proposed improvements. Should
business ever expand in the future, entrance may need to be upgraded.
Frederick County Fire and Rescue: Plans approved.
Frederick County Fire Marshall: Plans approved as long as there is at least 1 working smoke
detector and 1-5lb 2A/10BC fire extinguisher within 75 feet of the areas being occupied by the
dogs.
Frederick County Inspections: The building shall comply with The Virginia Uniform
Statewide Building Code, The International Existing Building Code 2009 and section 304 - B,
Business Use Group of the International Building Code/2009. Other Code that applies is
ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities and 2009 International
Energy Code. If new kennel construction exceeds 200 sq ft, a building permit would be
required.
Page 3
CUP #02-14 Jessica M. Neff
March 10, 2014
Frederick-Winchester Health Department: The Health Department has no objection to the
request as stated. This does not grant approval for additional employees. Applicant may not
dispose of canine waste via the septic tank drainfield on site.
Winchester Regional Airport: We have reviewed the referenced conditional use permit request
proposal. While the site does lie within the airspace operations of the Winchester Regional
Airport, it is outside of the close in part 77 surfaces and should not impact airport operations.
Frederick County Sanitation Authority: No comments.
City of Winchester: No comments.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with
an approved Conditional Use Permit (CUP) [Code of Frederick County §165-401.03.K]. This
proposed use will take place on a 7+/- acre parcel; surrounded by properties that zoned RA. The
2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area
of the County to remain Rural in nature and is not part of any land use study.
The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle
or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning
Ordinance requires that kennels be subject to additional performance standards in order to
mitigate negative impacts to adjoining residential properties to include, all dogs to be confined
within a secure structure and a Category C buffer. There will be no employees with this
proposed kennel per the Fredrick County Health Department. The properties immediately
adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest
residential dwelling being approximately 600 feet from this proposed dog kennel. Therefore, the
intent of the Category C buffer can be met, as 400 feet is required for a no screen Category C
buffer.
The applicant will be constructing 30 x 20 square foot enclosed kennel with a fenced area for the
dogs, at the rear of the property. The applicant has indicated that no more than twenty–eight (28)
dogs will the property at any given time. All dogs must be confined indoors exception of when
they are walked or exercised, and will not to be let outdoors prior to 8:00 a.m. Dogs must
confined indoors by 9:00 p. m.
In reviewing this application, the following conditions are considered appropriate reflective of
the applicant’s request, review agency comments, and/or in an effort to mitigate any potential
impacts as noted.
All review agency comments shall be complied with at all times.
Page 4
CUP #02-14 Jessica M. Neff
March 10, 2014
No more than twenty-eight (28) dogs on the property at any given time. (The applicant has
requested the number of dogs with this kennel)
This CUP is solely to enable the board of dogs on this property. (The applicant does not
want breed dogs)
No employees other than those residing on the property shall be allowed. (This condition is
per the Frederick County Health Department)
All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
All dogs must be confined indoors by 9:00 p.m. and not be let outdoors prior to 8:00 a.m.
(This condition is to help migrate any impacts to adjoining properties)
Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
Any expansion or modification of this use will require an approval of a new CUP.
STAFF CONCLUSIONS FOR THE 04/02/14 PLANNING COMMISSION MEETING:
The request complies with applicable policies and ordinances. The Planning staff recommends
approval of the CUP, with the following eight (8) conditions:
1. All review agency comments shall be complied with at all times.
2. No more than twenty-eight (28) dogs shall be permitted on the property at any given
time.
3. This CUP is solely to enable the board of dogs on this property.
4. No employees other than those residing on the property shall be allowed.
5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00
a.m.
7. Any proposed business sign shall conform to Cottage Occupation sign requirements and
Page 5
CUP #02-14 Jessica M. Neff
March 10, 2014
shall not exceed four (4) square feet in size and five (5) feet in height.
8. Any expansion or modification of this use will require an approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
ST629
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CUP0214
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 11, 2014Staff: macheran
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CUP # 02 - 14Jessica NeffPINs:73 - 9 - 3
CUP # 02 - 14Jessica NeffPINs:73 - 9 - 3
0 210 420105 Feet
PROPOSED
BUILDING AREA
Driveway to
building and
handicap drop
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DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
1
ARTICLE VII
OVERLAY DISTRICTS
Part 702 ‐ FP Floodplain Districts
§ 165‐702.01. Purpose. Statutory Authorization and Purpose.
This ordinance is adopted pursuant to the authority granted to localities by Va. Code §15.2‐2280.
The purpose of these provisions are to prevent the loss of life and property, the creation of health and
safety hazards, the disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax
base by:
A. Regulating uses, activities, and development which, alone or in combination with other existing
or future uses, activities, and development, will cause unacceptable increases in flood heights,
velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within districts
subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood‐prone districts to be
protected and/or flood‐proofed against flooding and flood damage; and,
D. Protecting individuals from buying land and structures which are unsuited for intended purposes
because of flood hazards.
§ 165‐702.02. Applicability.
These provisions shall apply to all lands within the jurisdiction of Frederick County and identified as
being in the 100‐year floodplain by the Federal Insurance Administration. Privately and publicly owned
lands within the jurisdiction of Frederick County and identified as areas of special flood hazard
according to the flood insurance rate map (FIRM) that is provided to Frederick County by FEMA.
§ 165‐702.03. Compliance and Liability.
A. No land shall hereafter be developed and no structure shall be located, relocated, constructed,
reconstructed, enlarged, or structurally altered except in full compliance with the terms and
provisions of this chapter and any other applicable regulations which apply to uses within the
jurisdiction of this chapter.
B. The degree of flood protection sought by the provisions of this chapter is considered reasonable
for regulatory purposes and is based on acceptable engineering methods of study. Larger floods
may occur on rare occasions. Flood heights may be increased by man‐made or natural causes,
such as ice jams and bridge openings restricted by debris. This chapter does not imply that
districts outside the floodplain district, or that land uses permitted within such district, will be
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
2
free from flooding or flood damages.
C. Records of actions associated with administering this chapter shall be kept on file and
maintained by the Frederick County Zoning Administrator.
D. This chapter shall not create liability on the part of Frederick County or any officer or employee
thereof for any flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
§ 165‐702.04. Abrogation and Greater Restrictions.
This chapter supersedes any ordinance currently in effect in flood‐prone districts. However, any
underlying ordinance shall remain in full force and effect to the extent that its provisions are more
restrictive than this chapter.
§ 165‐702.05. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid
for any reason whatever, such decision shall not affect the remaining portions of this chapter. The
remaining portions shall remain in full force and effect; and for this purpose, the provisions of this
chapter are hereby declared to be severable.
§ 165‐702.06. Administration.
A. Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to
administer and implement these regulations and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may:
(1) Do the work themselves. In the absence of a designated Floodplain Administrator, the
duties are conducted by the Frederick County Planning Director.
(2) Delegate duties and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees.
(3) Enter into a written agreement or written contract with another locality or private sector
entity to administer specific provisions of these regulations. Administration of any part of
these regulations by another entity shall not relieve the County of its responsibilities
pursuant to the participation requirements of the National Flood Insurance Program as set
forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of
the Floodplain Administrator shall include but are not limited to:
(1) Review applications for permits to determine whether proposed activities will be located in
the Special Flood Hazard Area (SFHA).
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3
(2) Interpret floodplain boundaries and provide available base flood elevation and flood
hazard information.
(3) Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
(4) Review applications to determine whether all necessary permits have been obtained from
the Federal, State or local agencies from which prior or concurrent approval is required; in
particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the 100‐year frequency
floodplain of free‐flowing non‐tidal waters of the State.
(5) Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management), and other appropriate agencies (VADEQ, US Army Corps of
Engineers) and have submitted copies of such notifications to FEMA.
(6) Advise applicants for new construction or substantial improvement of structures that are
located within an area of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act that Federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier
Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
(7) Approve applications and issue permits to develop in flood hazard areas if the provisions of
these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
(8) Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine
if non‐compliance has occurred or violations have been committed.
(9) Review Elevation Certificates and require incomplete or deficient certificates to be
corrected.
(10) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary
to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by
or for Frederick County, within six months after such data and information becomes
available if the analyses indicate changes in base flood elevations.
(11) Maintain and permanently keep records that are necessary for the administration of
these regulations, including:
(a) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and
maps and current effective studies and maps) and Letters of Map Change; and
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
4
(b) Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, other required design certifications, variances,
and records of enforcement actions taken to correct violations of these regulations.
(12) Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to take corrective action.
(13) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for
each application for a variance, prepare a staff report and recommendation.
(14) Administer the requirements related to proposed work on existing buildings:
(a) Make determinations as to whether buildings and structures that are located in
special flood hazard areas and that are damaged by any cause have been
substantially damaged.
(b) Make reasonable efforts to notify owners of substantially damaged structures of the
need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non‐
compliant repair of substantially damaged buildings except for temporary emergency
protective measures necessary to secure a property or stabilize a building or structure
to prevent additional damage.
(15) Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to: issuing press
releases, public service announcements, and other public information materials related to
permit requests and repair of damaged structures; coordinating with other Federal,
State, and local agencies to assist with substantial damage determinations; providing
owners of damaged structures information related to the proper repair of damaged
structures in special flood hazard areas; and assisting property owners with
documentation necessary to file claims for Increased Cost of Compliance coverage under
NFIP flood insurance policies.
(16) Notify the Federal Emergency Management Agency when the boundaries of Frederick
County have been modified and:
(a) Provide a map that clearly delineates the new corporate boundaries or the new area
for which the authority to regulate pursuant to these regulations has either been
assumed or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special flood hazard areas that have flood
zones that have regulatory requirements that are not set forth in these regulations,
prepare amendments to these regulations to adopt the FIRM and appropriate
requirements, and submit the amendments to the governing body for adoption; such
adoption shall take place at the same time as or prior to the date of annexation and a
copy of the amended regulations shall be provided to Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
(17) Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA,
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5
number of permits issued for development in the SFHA, and number of variances issued
for development in the SFHA.
(18) It is the duty of the Floodplain Administrator to take into account flood, mudslide and
flood‐related erosion hazards, to the extent that they are known, in all official actions
relating to land management and use throughout the entire jurisdictional area of the
County, whether or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
C. Use and Interpretation of FIRMs. The Floodplain Administrator shall make interpretations,
where needed, as to the exact location of special flood hazard areas, floodplain boundaries,
and floodway boundaries. The following shall apply to the use and interpretation of FIRMs
and data:
(1) Where field surveyed topography indicates that adjacent ground elevations:
(a) Are below the base flood elevation, even in areas not delineated as a special flood
hazard area on the FIRM, the area shall be considered as special flood hazard area
and subject to the requirements of these regulations;
(b) Are above the base flood elevation, the area shall be regulated as special flood hazard
area, if so indicated on the FIRM, unless the applicant obtains a Letter of Map Change
that removes the area from the SFHA.
(2) In FEMA‐identified special flood hazard areas where base flood elevation and floodway
data have not been identified and in areas where FEMA has not identified SFHAs, any
other flood hazard data available from a Federal, State, or other source shall be reviewed
and reasonably used.
(3) Base flood elevations and designated floodway boundaries on FIRMs and in Flood
Insurance Studies shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway widths and/or
lower base flood elevations.
(4) Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMs and in Flood Insurance
Studies.
(5) If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has
been provided by FEMA:
(a) Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided
from FEMA for the purposes of administering these regulations.
(b) Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to §
165‐702.06 and used where no base flood elevations and/or floodway areas are
provided on the effective FIRM.
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(3) Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or
floodway areas exceed the base flood elevations and/or designated floodway widths
in existing flood hazard data provided by FEMA. Such preliminary data may be
subject to change and/or appeal to FEMA.
§ 165‐702.07. Jurisdictional Boundary Changes.
In accordance with the Code of Federal Regulations, Title 44, Part 59, Subpart B, Section 59.22 (a) (9)
(v), all NFIP participating communities must notify the Federal Insurance Administration Emergency
Management Agency and optionally the State Coordinating Office Virginia Department of
Conservation and Recreation ‐ Division of Dam Safety and Floodplain Management in writing
whenever the boundaries of the County have been modified by annexation or the County has
otherwise assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area.
In order that all Flood Insurance Rate Maps accurately represent the County’s boundaries, a copy of a
map of the County suitable for reproduction, clearly delineating the new corporate limits or new area
for which the County has assumed or relinquished floodplain management regulatory authority must
be included with the notification.
§ 165‐702.08. Submitting Technical Data.
The County’s base flood elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six months after the date such
information becomes available, the County shall notify the Federal Emergency Management Agency
of the changes by submitting technical or scientific data. Such a submission is necessary so that upon
confirmation of those physical changes affecting flooding conditions, risk premium rates and flood
plain management requirements will be based upon current data.
§ 165‐702.0609. Description of Special Flood Hazard Districts.
A. Basis of districts. The various flood hazard floodplain districts shall include areas subject to
inundation by waters of the one‐hundred‐year flood the Special Flood Hazard Areas. The basis
for the delineation of these districts shall be the Flood insurance Study and the Flood Insurance
Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management
Agency, Insurance Administration, dated September 2, 2009, as amended. The boundaries of
the Special Flood Hazard Areas are established as shown on the FIRM which is declared to be a
part of this article and which shall be kept on file at the Frederick County Department of
Planning and Development.
(1) The Floodway District is in an AE Zone delineated for purposes of this article using the
criteria that certain areas within the floodplain must be capable of carrying the waters
of the one percent annual chance flood one‐hundred (100)‐year flood without
increasing the water surface elevation of that flood more than one (1) foot at any point.
The areas included in this District are specifically defined in Table 2 of the above‐
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
7
referenced Flood Insurance Study and shown on the accompanying Flood Boundary and
Floodway Map or Flood Insurance Rate Maps.
(2) The Special Floodplain District shall be those areas identified as an AE Zone on the maps
accompanying the Flood Insurance Study for which one hundred (100)‐year flood
elevations have been provided. The basis for the outermost boundary of this district
shall be the one‐hundred‐year flood elevations contained in the flood profiles of the
above‐referenced Flood Insurance Study and shown on the accompanying Flood
Insurance Rate Maps.
(3) The Approximated Floodplain District shall be those areas identified as an A Zone on the
maps accompanying the Flood Insurance Studies. In these zones, no detailed flood
profiles or elevations are provided, but the one hundred (100)‐year floodplain boundary
has been approximated.
(i)The following provisions shall apply within the Floodway District of an AE zone:
a. Within any floodway area, no encroachments, including fill, new
construction, substantial improvements, or other development shall be
permitted unless it has been demonstrated through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice that
the proposed encroachment will not result in any increase in flood levels
within the County during the occurrence of the base flood discharge.
Hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently‐accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted in
sufficient detail to allow a thorough review by the Floodplain Administrator.
Development activities which increase the water surface elevation of the
base flood may be allowed, provided that the applicant first applies – with
Frederick County’s endorsement – for a Conditional Letter of Map Revision
(CLOMR), and receives the approval of the Federal Emergency Management
Agency.
If §165‐702.09 is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of § 165‐702.13 through 165‐ 702.17.
b. The placement of manufactured homes (mobile homes) is prohibited, except
in an existing manufactured home (mobile home) park or subdivision. A
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring, elevation,
and encroachment standards are met.
(2) The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which
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one‐percent annual chance flood elevations have been provided and the floodway
has not been delineated. The following provisions shall apply within an AE or AH
zone:
Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the
areas of special flood hazard, designated as Zones A1‐30 and AE or AH on the FIRM,
unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at any point within
Frederick County.
Development activities in Zones A1‐30 and AE or AH, on the Frederick County FIRM
which increase the water surface elevation of the base flood by more than one foot
may be allowed, provided that the applicant first applies – with Frederick County’s
endorsement – for a Conditional Letter of Map Revision, and receives the approval of
the Federal Emergency Management Agency.
(3) The A Zone on the FIRM accompanying the FIS shall be those areas for which no
detailed flood profiles or elevations are provided, but the one percent annual chance
floodplain boundary has been approximated. For these areas, the following
provisions shall apply:
The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one hundred (100)‐
year floodplain boundary has been approximated. Such areas are shown as Zone A on
the maps accompanying the FIS. For these areas, the base flood elevations and
floodway information from federal, state, and other acceptable sources shall be used,
when available. Where the specific one percent annual chance flood elevation cannot
be determined for this area using other sources of data, such as the U. S. Army Corps
of Engineers Floodplain Information Reports, U. S. Geological Survey Flood‐Prone
Quadrangles, etc., then the applicant for the proposed use, development and/or
activity shall determine this base flood elevation. For development proposed in the
approximate floodplain the applicant must use technical methods that correctly
reflect currently accepted non‐detailed technical concepts, such as point on boundary,
high water marks, or detailed methodologies hydrologic and hydraulic analyses.
Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a
thorough review by the Floodplain Administrator.
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level no lower than one (1)
foot above the base flood elevation.
During the permitting process, the Floodplain Administrator shall obtain:
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9
1) The elevation of the lowest floor (including the basement) of all new and
substantially improved structures; and,
2) if the structure has been flood‐proofed in accordance with the requirements of this
article, the elevation (in relation to mean sea level) to which the structure has
been flood‐proofed.
Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision proposals
and other proposed development proposals (including manufactured home parks and
subdivisions) that exceed fifty lots or five acres, whichever is the lesser.
(4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow
flooding identified as AO on the FIRM. For these areas, the following provisions shall
apply:
a. All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM. If no flood depth number is specified,
the lowest floor, including basement, shall be elevated no less than two feet
above the highest adjacent grade.
b. All new construction and substantial improvements of non‐residential structures
shall:
1) Have the lowest floor, including basement, elevated to or above the flood
depth specified on the FIRM, above the highest adjacent grade at least as
high as the depth number specified in feet on the FIRM. If no flood depth
number is specified, the lowest floor, including basement, shall be elevated at
least two feet above the highest adjacent grade; or,
2) Together with attendant utility and sanitary facilities be completely flood‐
proofed to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
B. Overlay concept.
(1) The Floodplain Districts described above shall be overlays to the existing underlying
districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions
for the floodplain districts shall serve as a supplement to the underlying district
provisions.
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10
(2) Where there happens to be any conflict between the provisions or requirements
of any of the Floodplain Districts and those of any underlying district, those pertaining
to the floodplain districts shall apply.
(3) In the event that any provision concerning a floodplain district is declared inapplicable
as a result of any legislative or administrative actions or judicial discretion, the basic
underlying district provisions shall remain applicable.
§ 165‐702.07 10. Flood Insurance Rate Map.
The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on
the Flood Insurance Rate Map, which are by reference made a part of this chapter and which shall be
kept on file at the Frederick County offices.
§ 165‐702.08 11. District boundary changes.
The delineation of any of the floodplain districts may be revised by Frederick County where natural or
man‐made changes have occurred and/or more detailed studies conducted or undertaken by the United
States Army Corps of Engineers or other qualified agency or individual documenting the necessity for
such change. However, prior to any such change, approval must be obtained from the Federal Insurance
Administration Emergency Management Agency.
§ 165‐702.09 12. Interpretation of District Boundaries.
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of
Zoning Appeals shall make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his case to the
Board and to submit his own technical evidence if he so desires.
§ 165‐702.10 13. Permit and Application Requirements.
A. Permit Requirement. All development and/or construction activities occurring within any
floodplain district shall be undertaken only upon the issuance of a permit. Such development
and/or construction activities shall be undertaken only in strict compliance with the provisions
of this chapter and with all other applicable codes and regulations, as amended, such as the
Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and
Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance
of any such permit, the Zoning Administrator shall require all applications to include compliance
with all applicable state and federal laws. Under no circumstances shall any use, activity,
development and/or construction activities adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage facility or system.
1. In circumstances where a permit is not required, all development and/or construction
activities occurring within any floodplain district shall be undertaken only upon approval by
the Zoning Administrator.
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11
B. Alteration or Relocation of a Watercourse. Prior to any proposed alteration or relocation of any
channel or of any watercourse within this jurisdiction, a permit shall be obtained from the U. S.
Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission (a joint permit application is available from any one of these
organizations). Further notification of the proposal shall be given to all adjacent jurisdictions,
the Division of Dam Safety and Floodplain Management (Department of Conservation and
Recreation), and the Federal Insurance Administration.
C. B. Site Plans and Permit Applications. All applications for development within any floodplain
district and all building permits issued for the floodplain shall incorporate the following
information:
1. The elevation of the Base Flood at the site.
2. The elevation of the lowest floor (including basement).
3. For structures to be flood‐proofed (non‐residential only), the elevation to which the
structure will be flood‐proofed.
4. The elevation of the one‐hundred‐year flood.
5. Topographic information showing existing and proposed ground elevations.
§ 165‐702.11 14. General Standards for all Special Flood Hazard Areas.
In all special flood hazard areas The following provisions shall apply to all permits:
A. New construction and substantial improvements shall be according to the VA USBC, and
anchored to prevent flotation, collapse or lateral movement of the structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over‐the‐top or frame ties to
ground anchors. This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and practices
that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
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12
F. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters.
H. On‐site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
In addition to provisions A – H above, in all special flood hazard areas, the additional
provisions shall apply:
I. Any alteration, repair, reconstruction or improvements to a building that is in compliance with
the provisions of this chapter shall meet the requirements of “new construction” as contained in
this chapter.
J. I. Any alteration, repair, reconstruction or improvements to a building that is not in compliance
with the provisions of this chapter, shall be undertaken only if said non‐conformity is not
furthered, extended, or replaced subject to the substantial improvement provision in 165‐
702.19C.
K. J. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream,
etc., within this jurisdiction, a permit shall be obtained from the U. S. Corps of Engineers, the
Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission.
Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent
jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management) and the Federal Insurance Administration Emergency Management
Agency.
L. The flood carrying capacity within an altered or relocated portion of any watercourse shall be
maintained.
§ 165‐702.12 15.Specific Elevation and Construction Standards.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance
Study or generated by a certified professional according to §165‐702.13A 06, the following provisions
shall apply:
A. Residential Construction
New construction or substantial improvement of any residential structure (including
manufactured homes) shall have the lowest floor, including basement, elevated no lower than
one (1) foot above the base flood elevation.
B. Non‐Residential Construction
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New construction or substantial improvement of any commercial, industrial, or non‐residential
building (or manufactured home) shall have the lowest floor, including basement, elevated to no
lower than one (1) foot above the base flood elevation. Buildings located in all A, and AE zones
may be flood‐proofed in lieu of being elevated provided that all areas of the building
components below the elevation corresponding to the BFE plus one foot are water tight with
walls substantially impermeable to the passage of water, and use structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall certify that the standards of this subsection
are satisfied.
C. Elevated Buildings Space Below the Lowest Floor
Enclosed areas, of new construction or substantially improved structures, which are below the
regulatory flood protection elevation shall: In zones A, AE, AH, AO, and A1‐A30, fully enclosed
areas, of new construction or substantially improved structures, which are below the
regulatory flood protection elevation shall:
1. Not be designed or used for human habitation, but shall only be used for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment (standard exterior
door), or entry to the living area (stairway or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood protection
elevation;
3. Include, in Zones A, AO, and AE, measures to automatically equalize hydrostatic flood forces
on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the
openings must either be certified by a professional engineer or architect or meet the
following minimum design criteria:
a. Provide a minimum of two openings on different sides of each enclosed area subject to
flooding.
b. The total net area of all openings must be at least one (1) square inch for each square
foot of enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to allow
floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot above the
adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or devices,
provided they permit the automatic flow of floodwaters in both directions.
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f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
openings as outlined above.
D. Standards for Manufactured Homes and Recreational Vehicles
1. All manufactured homes placed, or substantially improved, on individual lots or parcels, in
expansions to existing manufactured home parks or subdivisions, in a new manufactured
home park or subdivision or in an existing manufactured home park or subdivision on which
a manufactured home has incurred substantial damage as the result of a flood, must meet
all the requirements for new construction, including the elevation and anchoring
requirements in § 165‐702.14A through B, and § 165‐702.15A.
2. All manufactured homes placed or substantially improved in an existing manufactured home
park or subdivision in which a manufactured home has not incurred substantial damage as
the result of a flood shall elevated so that either
a. The lowest floor of the manufactured home is elevated no lower than one (1) foot
above the base flood elevation; or
b. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade
c. And be securely anchored to the adequately anchored foundation system to resist
flotation, collapse and lateral movement.
3. All recreational vehicles placed on sites must either:
a. be on the site for fewer than 180 consecutive days;
b. be fully licensed and ready for highway use (a recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no permanently attached
additions); or,
c. Meet all the requirements for manufactured homes in § 165‐702.12D.
§ 165‐702.13. Standards for the Floodway District.
The following provisions shall apply within the Floodway District:
A. Encroachments, including fill, new construction, substantial improvements or other development,
shall be prohibited unless certification (with supporting technical data) by a registered professional
engineer is provided demonstrating that encroachments shall not result in any increase in flood
levels during occurrence of the base flood.
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1. Development activities which increase the water surface elevation of the base flood may be
allowed, provided that the developer first applies, with the Frederick County’s endorsement,
for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval
of the Federal Emergency Management Agency. The following uses shall also be permitted
in the Floodway District:
i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming and wild crop harvesting.
ii. Public and private recreational uses and activities, such as parks, day camps, picnic
grounds, golf courses, boat launching and swimming areas, hiking and horseback
riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and
skeet game ranges and hunting and fishing areas.
iii. Accessory residential uses, such as yard areas, gardens, play areas and pervious
loading areas.
B. If Section §165‐702.15A is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this chapter.
C. The placement of manufactured homes (mobile homes) is prohibited, except in an existing
manufactured home (mobile home) park or subdivision. A replacement manufactured home may
be placed on a lot in an existing manufactured home park or subdivision provided the anchoring,
elevation, and encroachment standards are met.
D. In the Floodway District, a conditional use permit shall be required for accessory industrial and
commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips and
other similar uses and activities, provided that they cause no increase in flood heights and/or
velocities. All uses, activities and structural developments shall be undertaken in strict compliance
with the floodproofing provisions contained in all other applicable codes and regulations.
§ 165‐702.14. Standards for the Special Floodplain District.
The following provisions shall apply within the Special Floodplain District:
Until a regulatory floodway is designated, no new construction, substantial improvements, or other
development (including fill) shall be permitted within the areas of special flood hazard, designated as
Zones A and AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated development will not
increase the water surface elevation of the base flood more than one foot at any point within Frederick
County.
Development activities in Zones A and AE, on the Frederick County Flood Insurance Rate Map which
increase the water surface elevation of the base flood by more than one foot may be allowed, provided
that the developer or applicant first applies, with Frederick County’s endorsement, for a conditional
Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management
Agency.
§ 165‐702.15. Standards for Approximated Floodplain District.
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The following provisions shall apply with the Approximate Floodplain District:
A. The Approximated Floodplain District shall be that floodplain area for which no detailed flood
profiles or elevations are provided, but where a one hundred (100)‐year floodplain boundary has
been approximated. Such areas are shown as Zone A on the maps accompanying the Flood
Insurance Study. For these areas, the one hundred (100)‐year flood elevations and floodway
information from federal, state, and other acceptable sources shall be used, when available. Where
the specific one hundred (100)‐year flood elevation cannot be determined for this area using other
sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S.
Geological Survey Flood‐Prone Quadrangles, etc., then the applicant for the proposed use,
development and/or activity shall determine this elevation in accordance with hydrologic and
hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who shall certify that the technical
methods used correctly reflect currently‐accepted technical concepts. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a thorough review by the
Frederick County Engineer.
B. When such base flood elevation data is utilized, the lowest floor shall be one (1) foot above the base
flood elevation. During the permitting process, the developer or applicant shall obtain:
3) The elevation of the lowest floor (including the basement) of all new and substantially improved
structures; and,
4) If the structure has been flood‐proofed in accordance with the requirements of this article, the
elevation to which the structure has been flood‐proofed.
§ 165‐702.16 . Standards for Subdivision Proposals.
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
D. In A Zones, Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed fifty lots or five acres,
whichever is the lesser.
§ 165‐702.17. Design criteria for utilities and facilities.
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A. New sanitary sewer facilities and private package sewage treatment plants (including all
pumping stations and collector systems) are prohibited in the Special Flood Hazard Areas and
Floodplain Districts.
B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all
pumping stations and collector systems) shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into the floodwaters. In
addition, they should be located and constructed to minimize or eliminate flood damage and
impairment.
C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and be located and constructed to minimize or eliminate flood
damages.
D. All storm drainage facilities shall be designed to convey the flow of surface waters without
damage to persons or property. The systems shall ensure drainage away from building and on‐
site waste disposal sites. The Board of Supervisors may require a primarily underground system
to accommodate frequent floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The
facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood‐prone areas
should be elevated (where possible) and constructed to minimize the change of impairment
during a flooding occurrence.
§ 165‐702.18. Factors to be considered in granting variances.
A. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the
Board of Zoning Appeals has determined that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has
determined that the granting of such variance will not result in (a) unacceptable or prohibited
increases in flood heights, (b) additional threats to public safety, (c) extraordinary public
expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f)
conflict with local laws or ordinances.
B. While the granting of variances generally is limited to a lot size less than one‐half acre,
deviations from that limitation may occur. However, as the lot size increases beyond one‐half
acre, the technical justification required for issuing a variance increases. Variances may be
issued by the Board of Zoning Appeals for new construction and substantial improvements to
be erected on a lot of one‐half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, in conformance with the provisions
of this section.
C. Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the
criteria of this section are met, and the structure or other development is protected by
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methods that minimize flood damages during the base flood and create no additional threats
to public safety.
D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of this chapter and consider the following
additional factors:
(1) The danger to life and property due to increased flood heights or velocities caused
by encroachments. No variance shall be granted for any proposed use, development or
activity within any Floodway District that will cause any increase in the one‐hundred‐
year flood elevation.
(2) The danger that materials may be swept on to other lands or downstream to the injury
of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the County.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
(9) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
(10) The safety of access by ordinary and emergency vehicles to the property in time of
flood.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site.
(12) The repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure’s continued designation
as an historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(13) Such other factors which are relevant to the purposes of this article.
E. The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to the County Engineer for technical assistance in
evaluating the proposed project in relation to flood heights and velocities, and the adequacy of
the plans for flood protection and other related matters.
F. Variances shall be issued only after the Board of Zoning Appeals has determined that the
granting of such will not result in unacceptable or prohibited increases in flood heights,
additional threats to public safety or extraordinary public expense; and will not create
nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.
G. Variances shall be issued only after the Board of Zoning Appeals has determined that the
variance will be the minimum required to provide relief.
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H. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the one‐hundred‐year flood elevation
increases the risks to life and property and will result in increased premium rates for flood
insurance.
I. A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variances. Any variances which are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
§ 165‐702.19. Existing Structures in Floodplain Areas.
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
A. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practices that the proposed expansion would not result in any increase in
the base flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent
of its market value shall conform to the VA USBC.
C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50)
percent or more of its market value shall be undertaken only in full compliance with this
chapter and shall require the entire structure to conform to the VA USBC.
§ 165‐702.20. Penalties for Violations.
A. Any person who fails to comply with any of the requirements or provisions of this article or
directions of the Zoning Administrator or any authorized employee of Frederick County shall be
guilty of a misdemeanor and subject to the penalties outlined in §165‐101.08 of this Chapter.
The VA USBC addresses building code violations and the associated penalties in Section 104
and Section 115.
B. In addition to the above penalties, all other actions are hereby reserved, including an action in
equity for the proper enforcement of this article. The imposition of a fine or penalty for any
violation of, or noncompliance with, this article shall not excuse the violation or noncompliance
or permit it to continue; and all such persons shall be required to correct or remedy such
violations or noncompliances within a reasonable time. Any structure constructed,
reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared
by Frederick County to be a public nuisance and abated as such. Flood insurance may be
withheld from structures constructed in violation of this article.
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ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§165‐101.02. Definitions and word usage.
BASE FLOOD ‐ The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) – The Federal Emergency Management Agency designated one‐hundred‐year
surface water elevation. The water surface elevations of the base flood, that is, the flood level that has a one
percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in
relation to the datum specified on the County’s Flood Insurance Rate Map. For the purposes of this ordinance,
the base flood is the 1% annual chance flood.
BASEMENT ‐ Any area of the building having its floor sub‐grade (below ground level) on all sides.
BOARD OF ZONING APPEALS ‐ A Board whose members are appointed by the Circuit Court for the express
purpose of considering and acting on variances and zoning appeals.
DEVELOPMENT ‐ Any man‐made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials.
ELEVATED BUILDING ‐ A non‐basement building built to have the lowest floor elevated above the ground level
by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
ENCROACHMENT ‐ With respect to a floodplain an encroachment shall be the advance or infringement of uses,
plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may
impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION ‐ structures for which the “start of construction” commenced before the effective
date of the FIRM or before January 1, 1975 for FIRMs effective before that date. “Existing construction” may
also be referred to as “existing structures.”
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION ‐ A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed before the effective date of the floodplain management regulations
adopted by the County.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION ‐ The preparation of additional
sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
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FLOOD OR FLOODING
1. A general or temporary condition of partial or complete inundation of normally dry land areas from:
a. the overflow of inland or tidal waters; or,
b. the unusual and rapid accumulation or runoff of surface waters from any source.
c. mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this
definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion
or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or
by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this
definition.
3. Mudflows which are proximately caused by flooding as defined in paragraph 1 and 2 of this definition
and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when
earth is carried by a current of water and deposited along the path of the current.
FLOOD INSURANCE RATE MAP (FIRM) – An official map of the County on which the Floodplain Administrator has
delineated both the special hazard areas and the risk premium zones applicable to the County.
FLOOD INSURANCE STUDY (FIS) – An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
mudflow and/or flood‐related erosion hazards.
FLOODPLAIN OR FLOOD‐PRONE AREA ‐ Any land area susceptible to being inundated by water from any source.
FLOODPROOFING – Any combination of structural and non‐structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY ‐ The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
FREEBOARD ‐ A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood and floodway conditions, such as wave
action, bridge openings, and the hydrological effect of urbanization in the watershed.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
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HISTORIC STRUCTURE ‐ Any structure that is:
1. listed individually in the National Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify
as a registered historic district;
3. individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or,
4. individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either:
a. by an approved state program as determined by the Secretary of the Interior; or,
b. directly by the Secretary of the Interior in states without approved programs.
Hydrologic and Hydraulic Engineering Analysis – Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by the Virginia Department of Conservation
and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway
information and boundaries, and flood profiles.
LETTERS OF MAP CHANGE (LOMC) ‐ A Letter of Map Change is an official FEMA determination, by letter, that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
LETTER OF MAP AMENDMENT (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA amends
the current effective Flood Insurance Rate Map and establishes that a Land as defined by
meets and bounds or structure is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
features. A Letter of Map Revision Based on Fill (LOMR‐F), is a determination that a structure
or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no
longer exposed to flooding associated with the base flood. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the County’s
floodplain management regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
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LOWEST FLOOR ‐ The lowest floor of the lowest enclosed area (including basement). An unfinished or flood‐
resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a
basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable non‐elevation design requirements of Federal Code 44CFR
§60.3.
MOBILE OR MANUFACTURED HOME – A structure, transportable in one or more sections, which in travel mode
is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more
square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities.
MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION ‐ A parcel (or contiguous parcels) of land or a
subdivision divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION ‐ For the purposes of determining insurance rates, structures for which the “start of
construction” commenced on or after the effective date of an initial Flood Insurance Rate Map on or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, new construction means structures for which start of construction
commenced on or after the effective date of a floodplain management regulation adopted by the County and
includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION ‐ A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the
County.
RECREATIONAL VEHICLE ‐ A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self‐propelled or permanently towable by a light‐duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational
camping, travel or seasonal use.
Repetitive Loss Structure – A building covered by a contract for flood insurance that has incurred flood‐related
damages on two occasions during a 10‐year period ending on the date of the event for which a second claim is
made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the
market value of the building at the time of each flood event.
Shallow flooding area – A special flood hazard area with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
SPECIAL FLOOD HAZARD AREA ‐ The land in the floodplain subject to a one (1%) percent or greater chance of
being flooded in any given year as determined in § 165‐702.10.
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START OF CONSTRUCTION ‐ The date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was
within 180 days of the permit date. The actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of the
construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE – For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance rating
purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above
ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the
latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not
include building materials or supplies intended for use in such construction, alteration or repair, unless such
materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE ‐ Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before‐damaged condition would equal or exceed 50% of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT ‐ Any reconstruction, rehabilitation, addition or other improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of
the improvement. This term includes structures which have incurred substantial damage regardless of the actual
repair work performed. The term does not, however, include either any project for improvement of a structure
to correct existing violations of state or local health, sanitary or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary to assure safe living
conditions or any alteration of an historic structure, provided that the alteration will not preclude the structures
continued designation as an historic structure.
1. Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions, or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s
continued designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation that would constitute a substantial
improvement as defined above, must comply with all ordinance requirements that do not preclude the
structure’s continued designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of Historic Places or the
State Inventory of Historic places must be obtained from the Secretary of the Interior or the State
Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
25
necessary to preserve the historic character and design of the structure.
VIOLATION ‐ For floodplain management purposes, violation includes the failure of a structure or other
development to be fully compliant with the County's flood plain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of compliance required in
this ordinance is presumed to be in violation until such time as that documentation is provided.
WATERCOURSE ‐ A lake, river, creek, stream, wash, channel or other topographic feature on or over which
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood
damage may occur.
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600 East Main Street
Richniond. Virginia 23219
(fr04) 786-l7r2
September 4,2013
Mark Cheran
Frederick County Zoning Administrator
Department of Planning & Development
107 North Kent Street
Winchester , V A 22601
Dear Mr. Cheran:
Thank you for taking the time to meet with staff from the Virginia Department of Conservation and
Recreation (DCR) on July 22,2013. The meeting was held for the purpose of conducting a National
Flood Insurance Program (I.JFIP) Community Assistance Visit (CAV) to help the County identify the
steps necessary for maintaining compliance with NFIP requirements. Compliance is essential for
remaining in good standing in the NFIP.
DCR reviewed the Frederick County floodplain regulations (Chapter 165. Zoning, Article VII,
Overloy Districts, Pqrt 702, FP Floodplain Districrs) as well as information provided by the County
during the CAV meeting. Based on the FEMA-approved Floodplain Ordinance Checklist (FPO
Checklist) we find that the County's current floodplain ordinance is generally consistent with the
Virginia Model Floodplain Management Ordinance (Model Ordinance) with a few exceptions. For your
convenience, I have enclosed the completed FPO checklist. A copy of the Model Ordinance was
provided to you at the CAV meeting. DCR recommends that the County review and address the
following:
Reference to the Flood Insurance Administrator (FIA) throughout Part702 (165-702.02,165-
702.06,165-102.08, 165-702.10.B, 165-702.11.K) should be replaced with reference to the
Federal Emergency Management Agency (FEMA.)
Include a statement about Statutory Authority; or if such statement is present elsewhere in the
zontng code, consider providing a cross reference to it. See Section 1.1 of the Model Ordinance.
Consider formally designating a Floodplain Administrator (FPA) and specifying the FPA's
responsibilities. If the ZoningAdministrator is effectively fulfilling the role of FPA, consider
stating so. See Section 2.1 of the Model Ordinance.
Stute Pflrks. Stonnwuler Munagement. Oultloor Recreation Pfunning
Natural Herilage . Dut'n sqfet-y anrl Floodplain x:lanagemenl . Land Conservation
Ltr. to M. Cheran
September 4,2013
Page 2
. Include language about the FPA's responsibilities, including permit review to assure that sites
are reasonably safe from flooding. See Section 2.2(C) of the Model Ordinance.
. Under 44CFR65.3, the NFIP community is required to submit to FEMA new technical data
resulting from physical changes that may affect flooding conditions within six months of the data
availability. Please add this provision. See Section 2.7 of the Model Ordinance.
o 165-702.06.A (1) refers to the "above-referenced" Flood Insurance Study (FIS), but the FIS is
not mentioned prior to this reference. Only the FIRM is mentioned. Please include a mention of
the FIS, including effective date, as amended.
Please revise the regulations to address the above comments and provide a final draft of the revisions
within 90 days of this letter to DCR. After the revised ordinance is adopted, please send a copy of the
signed and dated ordinance to DCR, and we will forward it to FEMA with a favorable recommendation.
Please let me know if you have any questions.
Sincerely,
\- . \' L------^--
Nabil Ghalayini, P.E,., CFM, D.WRE
Floodplain Program Specialist
D
Draft Master Development Revisions
1
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 801 – Master Development Plans
§ 165‐801.01 Intent.
The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and
development of property within Frederick County. It is the purpose of the MDP to ensure that such
development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining
property and is in the best interest of the general public. The MDP shall be used to illustrate the
characteristics of the property proposed for subdivision and/or development and of surrounding
properties and ensure that the requirements of the County Code have been satisfied.
§ 165‐801.02 When required.
A. A preliminary Master Development Plan (MDP) shall be submitted to the Director of Planning and
Development, and shall be presented to the Planning Commission and the Board of Supervisors as an
informational item. Ultimately, the MDP must receive administrative approval from the Director of
Planning and Development and the County Administrator prior to any subdivision or development of
property in any of the following zoning districts:
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
HE High Education District
MS Medical Support District
B1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
OM Office‐Manufacturing Park District
M1 Industrial Light District
M2 Industrial General District
EM Extractive Manufacturing District
Draft Master Development Revisions
2
B. The MDP shall include the subject property proposed for subdivision or development as well as all
contiguous land under single or common ownership in the above zoning districts.
C. A MDP may be submitted with an application for a rezoning but shall not be considered binding until
approval of a final MDP.
§ 165‐801.03 Waivers.
A. RP, R4, R5, and MH1 Districts. The Director of Planning and Development may waive the
requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned
Community District), the R5 (Residential Recreational Community District), and the MH‐1 (Mobile
Home Community District), if the proposed property for subdivision or development:
(1) Contains 10 or less single‐family detached rural traditional, single‐family detached traditional
or single‐family detached urban dwelling units (all other permitted housing types shall require
a MDP);
(2) Is not an integral portion of a property proposed or planned for future development or
subdivision;
(3) Is planned to be developed in a manner that is harmonious with surrounding properties and
land uses; and
(4) Does not substantially affect the purpose and intent of its zoning district and the intent of this
article.
(5) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The
site plan must contain all information generally required on a MDP and a site plan. Once the
site plan is in an administratively approvable form the plan will be presented to the Planning
Commission and the Board of Supervisors per § 165‐801.06.
B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a
MDP in the M1 (Light Industrial), the EM (Extractive Manufacturing), or the M2 (Industrial General)
Zoning Districts if the proposed subdivision or development:
(1) Includes no new streets, roads or rights‐of‐way, does not further extend any existing or dedicated
street, road or rights‐of‐way and does not significantly change the layout of any existing or
dedicated street, road or rights‐of‐way;
(2) Does not propose any stormwater management system designed to serve more than one lot and
does not necessitate significant changes to existing stormwater management systems designed
to serve more than one lot;
(3) Is not an integral portion of a property proposed or planned for future development or
subdivision;
Draft Master Development Revisions
3
(4) Is planned to be developed in a manner that is harmonious with surrounding properties and land
uses; and
(5) That such development does not substantially affect the purpose and intent of this chapter.
(6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The
site plan must contain all information generally required on a MDP and a site plan. Once the
site plan is in an administratively approvable form the plan will be presented to the Planning
Commission and the Board of Supervisors per § 165‐801.06.
C. B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the
requirement of a master development plan in the B1 (Neighborhood Business), B2 (Business
General), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if
the proposed subdivision or development:
(1) Contains less than five acres in the B1 District and less than 10 acres in the B2, B3, MS or HE
District;
(2) Includes no new streets, roads or rights‐of‐way, does not further extend any existing or
dedicated street and does not significantly change the layout of any existing or dedicated street;
(3) Does not propose any stormwater management system designed to serve more than one lot
and does not necessitate significant changes to existing stormwater management systems
designed to serve more than one lot;
(4) Is not an integral portion of a property proposed or planned for future development or
subdivision;
(5) Is planned to be developed in a manner that is harmonious with surrounding properties and
land uses; and
(6) That such development does not substantially affect the purpose and intent of this chapter.
(6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The
site plan must contain all information generally required on a MDP and a site plan. Once the
site plan is in an administratively approvable form the plan will be presented to the Planning
Commission and the Board of Supervisors per § 165‐801.06.
§ 165‐801.04 Preapplication conference.
Prior to submission of a master development plan for review, the Department of Planning and
Development staff may require, or an applicant may request a preapplication conference. The purpose
of the preapplication conference is to review and discuss the nature of the proposal in relation to the
requirements of the County Code and to discuss the preparation of a master development plan.
A. If required, at the preapplication conference the applicant shall provide a land use plan describing
the following:
Draft Master Development Revisions
4
(1) The general location of the site.
(2) The general location of proposed roads.
(3) The general location and types of proposed uses, environmental features on the site, housing
types or open space.
(4) The uses on adjoining properties.
§ 165‐801.5 Contents of master development plans.
A. The following items shall be required for MDP’s in all Zoning Districts. All required items shall be
shown clearly on the plan. All MDP's shall be prepared in accordance with the following
specifications:
(1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more
than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be
sufficient so that all features are discernible.
(2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and
Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate
where the sheets join.
(3) All MDP's shall include a North arrow, a scale and a legend describing all symbols.
(4) A boundary survey of the entire property related to true meridian and certified by a certified
Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is
required for all MDP'S.
(5) The total area of the property shall be specified on the MDP.
(6) The topography shall be shown at contour intervals acceptable to the Director.
(7) The title of the proposed project; the date, month, year the plan was prepared or revised; the
name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or
firms preparing the plan shall be clearly specified.
(8) A schedule of phases, with the approximate location of phase boundaries and the order in which
the phases are to be developed, shall be provided.
(9) The use of all adjoining properties shall be clearly designated on the MDP.
(10) All existing, approved or planned public roads, streets or rights‐of‐way on the project or within
2,000 feet of the boundaries of the project.
(11) Any approved proffers associated with property.
Draft Master Development Revisions
5
(12) The location and treatment proposed for all historical structures and sites recognized as
significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical
Landmarks Commission Survey for Frederick County.
(13) A history of all land divisions that have occurred in relation to the tract since the adoption of
this requirement.
(14) The approximate location of sewer and water mains with statements concerning the
connection with and availability of existing facilities.
(15) The ownership and use of all adjoining parcels, including parcels across road right of ways.
(16) Description of any changes made since approval of any prior MDP’s.
(17) An approval block and signature lines for the Director of Planning and Development.
B. Contents of a master development plan in the RP (Residential Performance) District, the R4
(Residential Planned Community) District, the R5 (Residential Recreational Community) District and
the MH‐1 (Mobile Home Community) District. The MDP shall contain a conceptual plan, showing the
location and functional relationship between all proposed housing types and land uses, including the
following information:
(1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed
land uses.
(2) The approximate acreage in common open space, in each use and housing type and in roads,
streets or rights‐of‐way for each phase and the total development.
(3) The location and approximate boundaries of proposed housing types conceptually shown in
accord with residential performance dimensional requirements.
(4) The proposed number of dwelling units of each type in each phase and in the total development.
(5) The location and approximate boundaries of existing environmental features, including
floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and
woodlands.
(6) The location of environmental protection land to be included in common open space.
(7) The approximate acreage of each type of environmental protection land, the amount and
percentage of each type that is to be disturbed and the amount and percentage of each type to
be placed in common open space.
(8) The amount, approximate boundaries and location of common open space, with the percentage
of the total acreage of the site to be placed in common open space.
(9) The location and general configuration of recreational facilities, with a general statement of the
types of recreational facilities to be provided.
Draft Master Development Revisions
6
(10) The location and extent of proposed buffers, with statements, profiles, cross sections or
examples clearly specifying the screening to be provided.
(11) The proposed location, arrangement, and right‐of‐way widths of roads and streets, including
roads and streets providing access to adjoining parcels, shall be in accordance with § 165‐202.04.
(12) The location and arrangement of street entrances, driveways and parking areas.
(13) A conceptual plan for stormwater management with the location of stormwater facilities
designed to serve more than one lot.
(14) Calculations describing all proposed bonus factors with the location of and specifications for
bonus improvements, when proposed.
C. Contents of a master development plan in the M1 (Light Industrial) District, the M2 (Industrial
General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the
B1 (Neighborhood Business) District, the B2 (Business General) District, the B3 (Industrial Transition)
District, the OM (Office‐Manufacturing Park) District and the MS (Medical Support) District. The MDP
shall contain a conceptual plan, showing the location and functional relationship between streets and
land uses, including the following:
(1) A conceptual plan, showing the location and arrangement of proposed uses.
(2) The location and approximate boundaries of existing environmental features, including
floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and
woodlands, as defined, and the approximate acreage of each type of environmental feature,
including the amount and percentage of each type that is to be disturbed and the amount and
percentage of each type to be placed in open or landscaped areas.
(3) The proposed location and arrangement of all proposed and existing utility systems.
(4) The location and arrangement of existing and proposed public or private roads, existing or
proposed entrances, and driveways from existing and proposed public or private streets.
(5) A conceptual plan for stormwater management and description and the location of all
stormwater facilities designed to serve more than one parcel.
(6) The location and extent of proposed buffers required by this Chapter, with statements, profiles,
cross sections or examples clearly specifying the screening to be provided.
§ 165‐801.06 Master development plan submission.
Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and
Development specified by the Department of Planning and Development MDP application, together
with completed application materials required by the Department of Planning and Development.
Draft Master Development Revisions
7
A. Applicants shall provide approval comments on the proposed development from various review
agencies or departments as required by the Department of Planning and Development. The
submission shall be complete and the application shall commence through the public meeting
process when the plans, application materials and review agency approval comments have been
received by the Director of Planning and Development.
B. A Traffic Impact Analysis (TIA) shall be prepared and submitted to the Department of Planning and
Development with all MDP applications in accordance with the adopted Traffic Impact Analysis
Standards.
C. When the submission is complete, the Director of Planning and Development shall submit the plans,
application materials and review agency approval comments to the Planning Commission as an
informational item.
D. Following the informational presentation of the MDP to the Planning Commission, copies of the plan,
application materials and agency comments shall be submitted to the Board of Supervisors as an
informational item.
E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially
changed from plans reviewed by the Planning Commission. Changes may be made that were
discussed by the Planning Commission. Other substantial changes to the plan shall require that the
Planning Commission review the plan as a new MDP.
F. Site plans or final subdivision plats may be submitted concurrently with preliminary master
development plans for review according to the procedures set forth in this chapter and Chapter 144,
Subdivision of Land, of the County Code.
Master Development Plan Approval Process
Preapplication Conference with Staff if
required or requested
Applicant submits completed MDP application
to Staff, including all agency approval
comments.
MDP is presented to the Planning Commission
as an information item. All comments are
forwarded to the Board of Supervisors.
MDP is presented to the Board of Supervisors
as an informational item.
Final MDP approval by Staff.
Final subdivision or site plan can be submitted
for review.
Draft Master Development Revisions
8
§ 165‐801.07 Final master development plan.
A. The final MDP shall conform to all requirements of the County Code.
B Applicants shall submit a minimum of five copies of the final MDP to the Department of Planning and
Development. Final approval of the final MDP shall be given by the Director of Planning and
Development and the County Administrator.
C. The Director shall approve the final MDP if all requirements of the County Code and all review
agencies have been met, and if a preliminary MDP was presented to the Planning Commission and
Board of Supervisors
D. A MDP shall not be considered final until it is signed by the Director of Planning and Development
and the County Administrator.
§ 165‐801.08 Changes to approved Master Development Plans.
Changes to an approved MDP shall occur only after review by the Planning Commission and the Board of
Supervisors using the procedures required for the approval of a new plan. The Director of Planning and
Development may approve minor changes without following the full procedures, if such approval does
not violate the intent of this chapter and section. Such minor changes shall not include increases in the
density or intensity of development, changes to entrance or street layout, changes to stormwater layout
or other major design changes.
§ 165‐801.9 Master development plan review fees.
The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the
costs associated with the review of the MDP.
E
Draft Landscaping Revisions
1
Part 202 – Off‐Street Parking, Loading and Access
§ 165‐202.01 Off‐street parking; parking lots.
D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in
the business or industrial zoning district or required for any institutional, commercial or
industrial use in any zoning district shall meet the following requirements:
(13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential
Planned Community District, the R5 Residential Recreational Community District, the
MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the OM Office‐
Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General
District, the MS Medical Support District, and the HE (Higher Education) District shall be
landscaped to reduce the visual impact of glare and headlights on adjoining properties
and rights‐of‐way. Parking lots shall be adequately shaded to reduce reflected heat. In
the RA (Rural Areas) District, parking lot landscaping shall not be required for parking
lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual
expansiveness of parking lots. Landscaping shall be provided in such parking lots as
follows:
a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped
with shade trees and other landscaping. One tree shall be provided for every 2,000
square feet of impervious area for the first 100,000 square feet of the entire site.
One tree shall be provided for every 5,000 square feet in excess of the first 100,000
square feet of the entire site. Self‐service storage facilities shall provide one tree
per 10,000 square feet of impervious area of the entire site, in addition to the trees
required in § 165‐204.18, Storage facilities. The perimeter landscaping trees shall
be reasonably dispersed throughout the parking lot. A three‐foot‐high evergreen
hedge, fence, berm or wall shall be provided to prevent headlights from shining on
public rights‐of‐ways and adjoining properties. All perimeter landscaping shall
comply with the requirements of §165‐203.01B, Plant selection, planting procedure
and maintenance.
b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall
be landscaped for the purpose of providing shade trees. Such interior landscaping
shall be provided on raised islands and in continuous raised strips extending the
length of a parking bay. Within the parking lot, raised islands and landscaped areas
should be uses to delineate traffic and pedestrian circulation patterns. No less than
one shade tree shall be provided in the interior of the parking lot for each 10
parking spaces. The Zoning Administrator may waive the requirement for interior
landscaping for parcels located outside of the Sewer and Water Service Area when
curb and gutter is not proposed. The Zoning Administrator may approve alternative
locations for interior landscaping for parking lots used for truck parking, as well as
other parking lots, when it would improve the overall quality of the landscape plan.
Draft Landscaping Revisions
2
All interior landscaping shall comply with the requirements of § 165‐203.01B, Plant
selection, planting procedure and maintenance.
Part 203 – Buffers and Landscaping
§ 165‐203.01 Landscaping requirements.
The requirements of this section are intended to enhance the appearance, environment, and general
welfare of Frederick County by providing minimum landscaping standards and encouraging tree
preservation for developments. The provisions of this section shall apply to all site plan and subdivision
design plan applications, including the revision or expansion of any site or development.
A. Residential Developments and Parking Lots in all Zoning Districts.
(1) Residential developments. Residential developments which require a master development plan,
subdivision design plan or site plan shall provide at least one of the three types of landscaping
identified below.
(a) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of
street frontage in a residential development, with the exception of frontage on roads which
require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights‐
of‐way. Planting street trees on the property lines of building lots should be avoided. Two or
more street trees shall be planted on each building lot. The Zoning Administrator may allow
fewer than two street trees for an individual building lot if topographical features, utilities,
easements, or the width of the lot makes it impractical to do so. All street trees shall comply
with the requirements of § 165‐203.01B C, with the exception that street trees must be at least
two‐and‐one‐half‐inch caliper at the time of planting.
(b) Ornamental landscaping.
(i) Ornamental landscaping shall be provided for residential developments based on the
following index and matrix:
Index of Lot Types
Lot Type Description
A Single‐Family Detached Rural Traditional
B Single‐Family Detached Traditional
C Single‐Family Detached Urban
D Single‐Family Detached Cluster
E Single‐Family Detached Zero Lot Line
Draft Landscaping Revisions
3
(ii) Ornamental trees and shrubs shall comply with the requirements of § 165‐203.01B. The
Zoning Administrator may allow some of the required ornamental trees and ornamental
shrubs to be planted in areas of common open space so long as the intent of this section is
met.
(c) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire
site area, shall be preserved within dedicated open space. In no case shall individual building lots
be located within the open space. Canopy coverage shall be calculated from the cumulative total
of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous
canopy; and shall be protected from construction activity. These areas of open space may be
counted towards the total required open space, as specified in § 165‐402.07. Residential
developments which are not required to have open space by § 165‐402.07 are not exempt from
creating open space for the required canopy coverage. The calculation of tree canopy shall be
based on either the individual tree standards of the "Manual of Woody Landscape Plants,"
F Single‐Family Small Lot
G Multiplex
H Townhouse, Back‐to‐Back Townhouse
I Garden Apartment, Multifamily Residential Buildings
Age Restricted Multifamily Housing
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Ornamental Trees
A None 10 per 1 unit
B 10 per 1 unit 5 per 1 unit
C 10 per 1 unit 5 per 1 unit
D 10 per 1 unit 5 per 1 unit
E 10 per 1 unit 5 per 1 unit
F 15 per 1 unit 5 per 1 unit
G 3 per 3 units* 1 per 3 units*
H 6 per 5 units* 2 per 5 units*
I 3 per 2 units* 1 per 2 units*
Note: *Required ornamental trees and shrubs are in addition to all trees and
shrubs elsewhere required in the Zoning Ordinance.
Draft Landscaping Revisions
4
written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines,
conducted by a Virginia certified engineer, land surveyor, or landscape architect.
(2) Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the
business or industrial zoning district or required for any institutional, commercial or industrial use
in any zoning district shall meet the following requirements:
(a) Landscaping. Parking lots in the RP Residential Performance District, the R4
Residential Planned Community District, the R5 Residential Recreational Community
District, the MH1 Mobile Home Community District, the B1 Neighborhood Business
District, the B2 Business General District, the B3 Industrial Transition District, the OM
Office‐Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial
General District, the MS Medical Support District, and the HE (Higher Education)
District shall be landscaped to reduce the visual impact of glare and headlights on
adjoining properties and rights‐of‐way. Parking lots shall be adequately shaded to
reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall
not be required for parking lots with 10 or fewer spaces. Landscaping shall also be
provided to reduce the visual expansiveness of parking lots. Landscaping shall be
provided in such parking lots as follows:
(i) Perimeter landscaping. The perimeter of all impervious areas shall be
landscaped with shade trees and other landscaping. One tree shall be provided
for every 2,000 square feet of impervious area for the first 100,000 square feet of
the entire site. One tree shall be provided for every 5,000 square feet in excess
of the first 100,000 square feet of the entire site. Self‐service storage facilities
shall provide one tree per 10,000 square feet of impervious area of the entire
site, in addition to the trees required in § 165‐204.18, Storage facilities. The
perimeter landscaping trees shall be reasonably dispersed throughout the
parking lot. A three‐foot‐high evergreen hedge, fence, berm or wall shall be
provided to prevent headlights from shining on public rights‐of‐ways and
adjoining properties. All perimeter landscaping shall comply with the
requirements of §165‐203.01B, Plant selection, planting procedure and
maintenance.
(ii) Interior landscaping. A minimum of 5% of the interior portions of parking lots
shall be landscaped for the purpose of providing shade trees. Such interior
landscaping shall be provided on raised islands and in continuous raised strips
extending the length of a parking bay. Within the parking lot, raised islands and
landscaped areas should be uses to delineate traffic and pedestrian circulation
patterns. No less than one shade tree shall be provided in the interior of the
parking lot for each 10 parking spaces. The Zoning Administrator may waive the
requirement for interior landscaping for parcels located outside of the Sewer and
Water Service Area when curb and gutter is not proposed. The Zoning
Administrator may approve alternative locations for interior landscaping for
Draft Landscaping Revisions
5
parking lots used for truck parking, as well as other parking lots, when it would
improve the overall quality of the landscape plan.
B. Plant selection, planting procedure, and maintenance.
(1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected
from the table of acceptable trees and shrubs shown below.
Types of Landscaping
Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping
(canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen),
Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen)
Acceptable Trees and Shrubs
Common Name Scientific Name
Types of Landscaping
Permitted
Amur Maple Acer ginnala Street, shade, canopy,
ornamental
European Hornbeam Carpinus betulus Street, shade, canopy,
ornamental
Hop Hornbeam Ostrya virginiana Street, shade, canopy,
ornamental
Katsura Tree Cercidiphyllum japonicum Street, shade, canopy,
ornamental
Ginkgo (male) Ginkgo biloba Street, shade, canopy,
ornamental
Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy,
ornamental
Golden‐Rain Tree Koelreuteria paniculata Street, shade, canopy,
ornamental
Flowering Crabapple Malus (disease resistant varieties)Street, shade, canopy,
ornamental
Chinese Pistache Pistacia chinensis Street, shade, canopy,
ornamental
Linden Tilia (all varities)Street, shade, canopy,
ornamental
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Lacebark Elm Ulmus parvifolia Street, shade, canopy,
ornamental
Japanese Zelkova Zelkova serrata Street, shade, canopy,
ornamental
Red Oak Quercus rubra Street, shade, canopy,
ornamental
White Oak Quercus alba Street, shade, canopy,
ornamental
Scarlet Oak Quercus coccinea Street, shade, canopy,
ornamental
Sawtooth Oak Quercus acutissima Street, shade, canopy,
ornamental
Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy,
ornamental
Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy
Swamp Chestnut Oak Quercus michauxii Street, shade, canopy
Willow Oak Quercus phellos Shade, canopy, ornamental
Bald Cypress Taxodium distichum Street, shade, canopy
Red Maple Acer rubrum Shade, canopy, ornamental
Freeman Maple Acer freemanii Shade, canopy, ornamental
Sugar Maple Acer saccharum Shade, canopy, ornamental
Paperbark Maple Acer griseum Shade, canopy, ornamental
American Sycamore Platanus occidentallis Shade, canopy, ornamental
London Plane Tree Platanus acerifolia Shade, canopy, ornamental
Sweetgum Liquidambar styraciflua Shade, canopy, ornamental
Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental
Weeping Beech Fagus pendula Shade, canopy, ornamental
European Beech Fagus sylvatica Shade, canopy, ornamental
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River Birch Betula nigra Shade, canopy, ornamental
Star Magnolia Magnolia stellata Shade, canopy, ornamental
Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental
Black Gum Nyssa sylvatica Shade, canopy, ornamental
Yellowwood Cladrastis kentukea Shade, canopy, ornamental
Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental
Hawthorn Crataegus plaenopyrum, Crataegus
viridis
Shade, canopy, ornamental
Sourwood Oxydendrum arboreum Shade, canopy, ornamental
Tuliptree Liriodendron tulipifera Shade, canopy, ornamental
Paw Paw Asimina triloba Shade, canopy, ornamental
Dogwood Cornus florida, Cornus kousa, Cornus
hybrid
Shade, ornamental
Flowering Cherry Prunus (all varieties of Flowering
Cherry)
Shade, ornamental
Cornelian Cherry Cornus mas Shade, ornamental
Eastern Redbud Cercis canadensis Shade, ornamental
American Plum Prunus americana Shade, ornamental
Japanese Maple Acer palmatum Shade, ornamental
Douglas Fir Pseudotsuga menziesii Screen, ornamental
White Fir Abies concolor Screen, ornamental
Spruce Picea (all varieties) Screen, ornamental
Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental
Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental
White Pine Pinus strobus Screen, canopy
Western Arborvitae Thuja plicata Screen, ornamental
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Eastern Arborvitae Thuja occidentalis (all varieties)Screen, ornamental
Leyland Cypress Cupressocyparis x leylandi Screen, ornamental
Japanese Cedar Cryptomeria japonica Screen, ornamental
Viburnum (Evergreen) (all evergreen/semi‐evergreen
varieties)
Screen, ornamental, shrub
Yew Taxus (all varieties) Screen, ornamental, shrub
Holly Ilex (all varieties)Screen, ornamental, shrub
Common Boxwood Buxus sempervirens Screen, ornamental, shrub
Juniper Juniperus (all varieties) Screen, ornamental, shrub
Abelia (All varieties) Screen, ornamental, shrub
Witchhazel Hamamelis vernalis Ornamental, shrub
White Fringetree Chionanthus virginicus Ornamental, shrub
Slender Deutzia Deutzia gracilis Ornamental, shrub
Althea Hibiscus syriacus Ornamental, shrub
Vicary privet Ligustrum x vicaryi Ornamental, shrub
Sweet Mockorange Philadelphus coronarius Ornamental, shrub
Japanese pieris Pieris japonica Ornamental, shrub
Cotoneaster (All varieties) Ornamental, shrub
Spirea (All varieties) Ornamental, shrub
Weigela (All varieties) Ornamental, shrub
Forsythia (All varieties) Ornamental, shrub
Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub
Buttonbush Cephalanthus occidentalis Ornamental, shrub
Japanese pagodatree Sophora japonica Ornamental, shrub
Chastetree Vitex agnus‐castus Ornamental, shrub
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(2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures
established by the American Nursery and Landscape Association.
a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other
pavement.
b) Deciduous trees shall be a minimum of two‐inch caliper at the time of planning.
c) Only single stem trees shall be planted as street trees.
d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs
shall be a minimum three‐gallon container at the time of planting. In addition to the three‐
gallon container requirement, parking lot screening shrubs shall be a minimum of 36” in
height at time of planting and buffer shrubs shall be a minimum of 18” in height at time of
planting. Spacing of parking lot screening shrubs shall be no greater than four (4) feet on
center.
e) Only trees having a mature height of less than 20 feet shall be located under overhead
utility lines.
f) Measurement of Size. Caliper is measured six (6) inches above the ground up to and
including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes.
Diameter at breast height (dbh) will be measured at the height of 54 inches from the base
of the trunk or as otherwise allowed in the Guide for Plant Appraisal.
(3) Maintenance. The owner, developer, and/or builder who is responsible for planting required
landscaping shall be responsible for maintaining it in a state of good health for one year after
Standard Nandina Nandina domestica Ornamental, shrub
Purple Plum Prunus cerasifera Ornamental
Crape Myrtle Lagerstroemia indica Ornamental
Persian parrotia Parrotia persica ornamental
Hydrangea (all varieties)Ornamental
Mugo pine Pinus mugo Ornamental
Itea (All varieties) Ornamental
Aronia (All varieties) Ornamental
Clethra (All varieties) Ornamental
Azalea Rhododendron (All varieties) Ornamental
Rhododendron (All varieties) Ornamental
Northern Bayberry Myrica pensylvanica Ornamental
Meyer Lilac Syringa meyeri ‘Palibin’Ornamental
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planting. After one year, from the date occupancy is approved, the individual property owner
and/or homeowner's association shall become responsible for maintenance. As long as the intent
of this section is met, the Zoning Administrator may waive the requirement for landscaping on
individual building lots when a hazard or nuisance exists.
C. Existing tree credits. If the intent of § 165‐203.01 is satisfied, including species type and location,
existing trees that are preserved may be counted towards the total number of required trees for
residential developments. Commercial and industrial developments may utilize existing tree credits
when calculating the required number of parking lot trees, as required in § 165‐202.01D(13), if the
preserved trees are shown on an approved site plan and serve the intent of interior and perimeter
landscaping. The following table shows the credit given for each preserved tree, based on the tree's
caliper:
D. Enforcement procedures. The Zoning Administrator may require a bond with surety or other
acceptable guaranties to insure the completion of required improvements. Such guaranties shall be
in the estimated amount of the required improvements. Such guaranties shall be for a period of
completion set by the Zoning Administrator with consultation with the applicant. Such guaranties
shall be released when the required improvements have been completed.
Caliper (inches) Tree Credit
4 to 6 1
7 to 12 2
13 to 18 3
19 to 29 4
Greater than 30 5
f
UDA Centers discussion points.
Why?
UDA Centers are an integral part of Frederick County’s overall growth management strategy.
Located at very important locations within the County’s Urban Areas, UDA Centers are strategic
growth areas that will absorb a greater amount of the anticipated community growth in an efficient
and effective way, providing relief and protection for the County’s Rural Areas, and encouraging a
variety of housing choices within the urban areas.
Who? From where does the community growth come: internal or external growth.
Over the past two decades, the amount of residential development in Frederick County has grown,
increasing at a relatively consistent rate of approximately three percent a year. Supporting this
growth was a period of significant expansion in the County’s commercial and industrial base.
According to the 2000 Census and more recent studies performed by the Economic Development
Commission, Frederick County remains an in-commute location. That is more people come to the
county daily for work and not to live which would create demand for public service.
On the other hand, the main contributor to the population growth was the migration of people from
outside the Winchester Metropolitan Statistic Area (MSA) to Frederick County for a higher quality
of life including lower housing costs, and a lower tax rate.
Frederick County has also become an attractive place to live for retirees. Excellent examples of
communities supporting this trend have recently been developed. A major factor is also the
Winchester Medical Center, as well as the presence of cultural activities in the arts.
Notwithstanding the above, Frederick County should seek to be a community that provides a variety
of opportunities for existing residents, young and old for the next 50 years. As the community
continues to grow, a greater number of residents will be those who also grew up in Frederick County.
We are educating the next generation, how do we keep them in the community? Once graduated,
often the kids don’t return to Winchester? Why- because of lack of employment opportunities but
also amenities (next generation wants walk ability which does not currently exist). Educated
workforce leaves, so why would business locate here? Urban Centers with their entertainment,
employment, residential, transportation, and educational opportunities, the top five attributes of
Urban Centers, will further those opportunities and require a long term vision for the centers to come
to fruition.
The County’s planning efforts enable residents, both current and future, recent graduates and
recent retirees, to choose from an array of housing types that suit their needs and provide
affordable housing opportunities. Implementation of this effort will ensure that the needs of all
residents are met.
FREDERICK COUNTY UDA CENTERS
FUTURE FOCUS
Frederick County seeks to focus growth in strategic areas where community facilities and public
services are more readily available and can be provided in a more economical and sustainable
manner.
Frederick County has identified locations which promote higher urban densities and a more
compact form of development. These strategic growth areas within the Urban Areas are known
as UDA Centers.
Residential densities higher than those previously experienced within the UDA would
accommodate residents interested in living in more urban settings, with the highest
densities located within specifically designated areas within UDA Centers.
Potential locations are strategically situated to take advantage of existing development patterns
and infrastructure locations.
UDA Centers are designated to direct growth in a compact and highly efficient form within the
Urban Areas, thereby reducing development pressures in the Rural Areas.
Within the Urban Area, and particularly the UDA Centers, there is a higher expectation in
design standards to create a quality urban community that successfully and sustainably
accommodates the growth of the community. This enables a more sustainable form of
development and encourages the creation of a sense of community.
Frederick County strives to meet and exceed its residents’ desires for living, working,
and enjoying, through proactive community planning, and enhancements to the Urban
Development Areas.
COMMUNITY BENEFITS
UDA Centers should feature a variety of housing choices, high quality retail, community
facilities as focal points, employment opportunities, and provide for land uses that are
connected by an attractive, efficient, multimodal transportation system. The mixing of uses
provides a greater choice in mobility. Further, focusing development around walkable centers
affords people the opportunity to work, live, shop, and play in locations that are near each
other.
The County should continue to establish policies which result in high quality residential
neighborhoods which are able to accommodate a growing population and expanding workforce.
Policies should recognize the interests of the residents entering and retiring from the
workforce.
A goal of the Neighborhood Villages and UDA Centers is to create new neighborhoods with a
balance between residential, employment, and service uses.
Proactive planning efforts are essential in both the Urban and Rural Areas to ensure that the
County is able to deal with its future residential growth in a cost-effective and attractive
manner, and meet market demand.
POLICIES/IMPLEMENTATION
POLICY: AS FREDERICK COUNTY CONTINUES TO GROW, IT IS ESSENTIAL THAT THE VISION OF THE
COMPREHENSIVE PLAN FOR THE URBAN AREAS MEET EXPECTED GROWTH IN A
SUSTAINABLE MANNER. GROWTH SHOULD PRIMARILY BE FOCUSED WITHIN THE URBAN
AREAS. MORE INTENSIVE DEVELOPMENT SHOULD BE FOCUSED IN UDA CENTERS,
PARTICULARLY MEETING THE RESIDENTIAL NEEDS OF THE YOUNG ADULTS, THE
RETIREMENT GENERATION, AND WORKFORCE NEEDED FOR BUSINESS DEVELOPMENT
IMPLEMENTATION:
• Focus new residential growth within the Urban Development Area and at higher
densities within UDA Centers.
• Enact suitable planning and land use policies which will enable the County to
identify where future residential growth should be accommodated.
• Provide County residents, both current and future, an array of housing types
and opportunities that suit their needs and provide affordable housing
opportunities.
POLICY: UDA CENTERS, LOCATED AT STRATEGIC LOCATIONS WITHIN THE URBAN AREAS,
SHOULD ABSORB A PORTION OF THE ANTICIPATED COMMUNITY GROWTH WITH THE
MAXIMUM EFFICIENCY AND EFFECTIVENESS.
IMPLEMENTATION:
• Higher density residential development is encouraged in close proximity to or
mixed with commercial areas to enhance walkable access to employment,
shopping, and entertainment – a lifestyle attractive to young adults and the
newly retired. The County’s strategic growth areas, the UDA Centers and
Neighborhood Villages, are the most desirable locations for this type of
development.
• Residential housing types and design guidelines should be flexible to
accommodate evolving demographic trends, and to ensure that housing choices
are maximized.
• UDA Centers enable the County to plan for and provide services in defined areas
where they can reach the majority of the population at less cost to the
taxpayer.
• Focusing growth and services to the urban areas, and more specifically to the
UDA Centers, will allow the County to develop community facilities that become
focal points to the residential areas. Focusing new residential development
around walkable centers allows people to work, go to school, live, shop, and play
in locations that are near each other.