Pursuant to the authority granted by §§ 15.2-2316.1
and 15.2-2316.2 of the Code of Virginia, there is established a transfer
of development rights (TDR) program, the purpose of which is to transfer
residential density from eligible sending areas to eligible receiving
areas and/or transferee through a voluntary process for permanently
conserving agricultural and forestry uses of lands and preserving
rural open spaces, and natural and scenic resources. The TDR program
is intended to supplement land use regulations, resource protection
efforts and open space acquisition programs and encourage increased
residential density where it can best be accommodated with the least
impacts on the natural environment and public services by:
A. Providing an effective and predictable incentive process for property
owners of rural and agricultural land to preserve lands with a public
benefit; and
B. Implementing the Comprehensive Policy Plan by directing residential
land uses to the Urban Development Area (UDA); and
C. Providing an efficient and streamlined administrative review system
to ensure that transfers of development rights to receiving areas
are processed in a timely way and balanced with other county goals
and policies and are adjusted to the specific conditions of each receiving
area.
[Amended 11-13-2013]
The procedures and regulations in Article
III of Chapter
165 shall apply to the transfer of development rights from land qualifying as sending properties to land qualifying as receiving properties and/or to a transferee. Land utilizing transferred development rights may be subdivided at an increased density above the base density specified by Tables 1 to 3 in §
165-302.03 in applicable receiving areas. All development utilizing transferred development rights shall conform to the guidelines contained in the Comprehensive Policy Plan.