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Home My WebLink About033-25 (2232ReviewsPolicyAdoption(ComprehensivePlan(PlanningDept)) RESOLUTION Action: BOARD OF SUPERVISORS: September 10, 2025 Adopted RESOLUTION TO ADOPT POLICY FOR 2232 REVIEWS WHEREAS, § 15.2-2232 requires that proposed public facilities that are not already a feature shown in the Comprehensive Plan, then the proposal must be submitted to and approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan; and WHEREAS, the Planning and Development Department has drafted a Policy to provide applicants with a clear understanding of the 2232 Review requirements and process; and WHEREAS,the Planning Commission has reviewed the Policy and recommended approval; and NOW, THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that the Board of Supervisors adopts the attached Policy for the review of items that fall under § 15.2-2232. Passed this 10th day of September 2025 by the following recorded vote: Chairman's Seat Vacant John Jewell Aye Gainesboro Seat Vacant Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L.Bollhoefer Frederick County Ad nistrator No.033-25 f COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Planning Director SUBJECT: Policy Adoption—2232 Reviews DATE: September 4, 2025 Proposal: This is a draft policy for the consistent management of items required for review under VA §15.2- 2232. § 15.2-2232(A): "Once a local planning commission recommends a comprehensive plan and it is approved and adopted by the governing body, the plan controls the general or approximate location, character and extent of each feature shown on the plan. If a proposed public facility... is not already a feature shown on the plan, then the proposal must be submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan." Current Standard: The County does not currently have a formally adopted Policy for reviewing these items, likely due to the fact that they do not frequently arise. Previously, these have been processed via an unwritten policy which largely reflects that attached proposal. The most recently completed 2232 Review was done in 2011. Summary & Requested Action: This is a Staff recommended adoption of policy governing the review of items that fall under VA § 15.2-2232. Adoption of this policy will provide for consistency in handling 2232 items and provide applicants with a clear understanding of process and expectations. The Planning Commission reviewed this item at their meeting on September 3, 2025, and has recommended approval. Staff is seeking action by the Board of Supervisors. Questions regarding the proposed amendment should be directed at staff. Attachments: 1. Draft 2232 Policy Frederick County Planning Department: Draft Policy for § 15.2- 2232 Reviews 1. Legal Basis: Virginia Code § 15.2-2232 § 15.2-2232(A): "Once a local planning commission recommends a comprehensive plan and it is approved and adopted by the governing body, the plan controls the general or approximate location, character and extent of each feature shown on the plan. If a proposed public facility... is not already a feature shown on the plan, then the proposal must be submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan." Explanation: This provision requires localities to review most new public facilities—including those developed by public utilities or agencies—to determine whether they conform to the location, character, and extent anticipated by the Comprehensive Plan. 2. Applicability This policy applies to proposed public facilities including but not limited to: - Frederick County government - Public institutions or agencies - Public service corporations (e.g., telecom, electric, gas) - Utility providers (e.g., water/sewer authorities) Examples include: - Roads, libraries, parks, fire stations -Water and sewer infrastructure - Utility towers or substations - Public buildings and administrative facilities 3. Exemptions The following projects are exempt from 2232 review: a. Routine Utility Maintenance -Service extensions, upgrades, and repairs that do not alter the general location or extent of the facility. b. Facilities Already Clearly Identified in the Comprehensive Plan - Projects that are mapped or described in detail in the Comprehensive Plan and consistent with their identified character and location. c. Frederick Water Projects within the Sewer and Water Service Area (SWSA) - New or modified water/sewer infrastructure located entirely within the SWSA is exempt from 2232 review. d. Frederick County Public Schools (FCPS) Projects -All new or expanded FCPS facilities are exempt, provided: • The facility is located on a site designated for educational use in the Comprehensive Plan or listed as a project on the CIP, or e. Telecommunication Towers -The approval of a Conditional Use Permit to allow for a telecommunication tower to be constructed and operated shall establish the location as meeting the intent of the 2232 review process. 4. Pre-Application Meeting Applicants shall request a pre-application meeting with Planning Department staff to: • Confirm whether the proposal is exempt • Clarify application requirements • Meetings can be scheduled in person, by phone, or virtually. 5. Submission Procedure For non-exempt projects, applicants must submit the following by mail or email: • Cover letter requesting § 15.2-2232 review • Narrative explaining: o Proposed use and need o General location, character, and extent o Analysis of Comprehensive Plan consistency • Concept plan or site layout • Supporting documents (studies, reports, assessments, etc.) 6. Referral and Staff Review Process 1. Planning staff reviews the submission for completeness (within 15 business days). 2. Staff prepares a recommendation and places the item on the Planning Commission agenda. 7. Planning Commission Review At the public hearing: • Staff presents findings and recommendation. • Applicant may provide testimony. • The Commission determines whether the proposal is substantially in accord with the Comprehensive Plan. Outcomes: • Approval (substantial accord) • Denial (not in accord) • Deferral (additional info needed) 8. Appeals • If the Planning Commission fails to act within 60 days, the application is deemed approved (unless the applicant requests an extension in writing). • Appeals may be filed with the Board of Supervisors within 10 days of the Commission's decision. • The Board must act on appeals within 60 days of the appeal being filed. 9. Estimated Timeline Step Timeframe Completeness Review 15 business days Staff Report& Hearing Prep 2-3 weeks Planning Commission Hearing Twice a Month Appeal Filing Window Within 10 days of decision Board of Supervisors Action Within 60 days of appeal 10. Submission Contact Frederick County Department of Planning and Development