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Virginia, Del. Byrne said, attempts to remedy some of the deficiencies discovered in other jurisdictions where they are now used.
One problem has been that the TDRs, once severed from what is known as the “sending” parcel, become worthless in the receiving area because development is already at its maximum limit there. To avoid that, the Virgiriia bill requires that there be allowance for one and a half TDRs in the receiving area for each TDJt actually transferred. 1
In addition, she said, the Virginia bilH' requires specific prerequisites from each locality planning to use TDRs. They include:
• a Comprehensive Plan which spells out each sending and receiving zone. TDRs may only be brokered between those specific zones, and may not be used in other zoning districts. The TDR zonesmay be zoned as a separate category, of, may be incorporated as parts of other zoning districts. A cap on the number of TDRs allowed in each receiving area must also be specified. ;
• a Capital Improvements Plan which lays out specific commitments to improvements to services and facilities within the receiving area. This is designed to prevent the use of TDRs from outstripping the ability of the area to provide
See BYRNE, p. 3
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