On the agenda: Fredericksburg meeting — data center (Sep 8)

Proclamation
From the Office of the Mayor

DISABILITY VOTING RIGHTS WEEK
WHEREAS, there are more than 70 million people with disabilities living in communities throughout
the United States; and
WHEREAS, over 40 million Americans with disabilities are eligible to vote, representing one of the
largest groups of voters; and
WHEREAS, there are 3,278 people with disabilities living in the City of Fredericksburg; and
WHEREAS, people with disabilities are an integral part of every community and contribute to the
civic, cultural, economic, and social vitality of the City of Fredericksburg; and
WHEREAS, the disability community has a strong interest in local, state, and national policies that
directly affect their lives; and
WHEREAS, ensuring accessible voting, voter education, and opportunities for civic engagement helps
shape public policies that reflect the needs of people with disabilities while strengthening the
community and expanding opportunity for all residents; and
WHEREAS, the disAbility Resource Center of the Rappahannock Area, in partnership with REV UP
Virginia, which stands for “Register! Educate! Vote! Use Your Power!” is a statewide effort to build
the voting power of disabled Virginians; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Fredericksburg hereby proclaims the
week of September 14 - 18, 2026 shall be recognized as Disability Voting Rights Week in the City of
Fredericksburg, Virginia.
NOW, THEREFORE, I, Kerry P. Devine, Mayor of the City of Fredericksburg, on behalf of the City
Council, do hereby call upon the people of the City of Fredericksburg to observe this week with the
appropriate ceremonies and activities.

Kerry P. Devine, Mayor
Fredericksburg, Virginia

ITEM # 5A

MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:

Timothy J. Baroody, City Manager
Bailey Thompson, Senior Planner
Ray Cash, Community Planning & Building Director
September 1, 2026 (for the September 8 Council Meeting)
Approval of the 2025-2026 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report (CAPER).

ISSUE:
Each year, the City submits a Consolidated Annual Performance and Evaluation Report
(CAPER) to the U.S. Department of Housing and Urban Development (HUD) to meet its
Federal guidelines under the Community Development Block Grant (CDBG) Program. This
report includes information on specific CDBG activities and how the City implemented
each over the past year.
RECOMMENDATION:
Approval of the CAPER Resolution and its transmittal to HUD.
AUGUST 25, 2026 PUBLIC HEARING
Staff received one public comment during the public hearing on August 25. The comment
came from the President of the Mayfield Civic Association, who supported the CAPER and
the work of the CDBG program.
In addition to this public hearing on August 25, staff contacted neighborhood
associations, civic groups, and interested parties directly by mail to solicit public input.
On August 21, a Notice of Public Comment Period of the CAPER appeared in the
Fredericksburg Free Press, with an announcement that contained a detailed listing of each
activity, the costs expended, and the activity’s accomplishments, and specified that the
draft report is available for review on the City’s website. The notice opened the public
comment period, which will close on September 8, 2026.
No additional public comment has been received as of the writing of this staff report. If
the City receives additional public comment during the public comment period, the City
Council will be informed.

ITEM # 5A
BACKGROUND:
The 2025-2026 CAPER details the implementation of the first year of the City’s 2025-2029
CDBG Consolidated Plan. CDBG funds support households with incomes below 80 percent
of the area median income, adjusted by household size.
During the program year, the City directed CDBG funds to various activities administered
by partner nonprofit agencies. These covered legal services, rent & utility assistance,
health counseling, and financial counseling. The CDBG grant sub-recipients include Legal
Aid Works, Loisann’s Hope House, and Fredericksburg Area Health and Support Services.
Activities under the direct management of the Community Planning and Building
Department:
• the Emergency Home Repair Program, which provides needed plumbing, electric,
and roofing repairs for eligible homeowners in the City;
• the Removal of Architectural Barriers Program, which makes modifications to
housing to promote accessibility for disabled City residents;
• the Direct Homeownership Assistance Program, which provides closing costs and
down payment assistance to eligible applicants; and
• the Public Facilities program, which provides small public facilities improvements
in low-income areas to create safer, more accessible neighborhoods.
FISCAL IMPACT:
This action is requested to meet program guidelines and is required for the City to
continue to receive federal funding.
Attachment: Resolution Approving CDBG CAPER
Notice of Public Comment Period
Consolidated Annual Performance and Evaluation Report

September 8, 2026
Resolution 26-__
Page 1

MOTION:

September 8, 2026
Regular Meeting
Resolution 26-

SECOND:
RE:

Approving the 2025-2026 Consolidated Annual Performance and Evaluation
Report (CAPER) for the Community Development Block Grant Program

ACTION:

APPROVED: Ayes: 0; Nays: 0

The City Council hereby resolves that:
•

The City of Fredericksburg, Virginia receives annual funding under the Community
Development Block Grant program to address critical community development needs;
and

•

The Department of Planning and Community Development, which administers these
funds, develops a Consolidated Annual Performance and Evaluation Report (CAPER)
for submittal to the United States Department of Housing and Urban Development
(HUD), to show that these funds were expended according to the adopted Annual
Action Plan; and

•

The CAPER evaluates how the City’s community development programs have met
specified needs and also provides for a public review of these programs.

•

That the Council of the City of Fredericksburg in Virginia, pursuant to a full public
participation process, approves the 2025-2026 CAPER.

•

That the City Manager is authorized to forward the approved CAPER to HUD for
further review and approval.

Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:

September 8, 2026
Resolution 26-__
Page 2

***************
Clerk’s Certificate
I certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true
copy of Resolution No. 26-__, adopted at a meeting of the City Council held September 8, 2026, at which
a quorum was present and voted.

____________________________________
Brenda T. Martin
Clerk of Council

NOTICE OF PUBLIC COMMENT PERIOD
FOR THE CITY OF FREDERICKSBURG’S
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
Notice is hereby given that a draft of the City’s Consolidated Annual Performance and Evaluation Report
(CAPER) is available for public review and comment. A summary of this document follows:
FISCAL YEAR 2025/2026 (July 1, 2025 - June 30, 2026)
RESOURCES
EXPENDED:
INVESTMENTS:

$164,998.32 in Community Development Block Grant funds
Housing Rehabilitation Assistance (Emergency Home Repair Program) - $43,083 to
complete repairs to two dwellings.
Removal of Architectural Barriers - $31,200 to provide architectural modifications to
three residential properties occupied by persons with disabilities to maximize their
independence and self-sufficiency.
Public Facilities - $20,000 to Espina Paving Inc. to construct a series of ADA sidewalk
ramps, painted crosswalks, and traffic calming measures at intersections along White
Street, McKinney Street, and Howison Avenue in the Mayfield neighborhood. This
project will benefit 1,342 persons with non-housing community development. This
project is jointly funded through the City’s Asphalt & Concrete Repair Program in the
Capital Improvement Plan.
Homeless Prevention/Public Services - $3,799.62 to Legal Aid Works to provide housing
advocacy and housing consumer education to 57 persons. $5,587 to Fredericksburg Area
HIV/AIDS Support Services to provide educational material and/or HIV/AIDS testing to
60 individuals, practical support services to avoid eviction for 51 individuals, and mental
health case management to avoid crisis for 14 individuals. $14,000 to Loisann’s Hope
House to provide rent or utility assistance, short-term support coordination, conflict
mediation, and connection to other mainstream services for 24 families (65 individuals).
Administration - $45,724 to administer and oversee all programs, $39.99 to provide
information on Fair Housing, and $1,564.71 to provide public information.

Copies of the full draft Consolidated Annual Performance and Evaluation Report are available for examination
by the public on the City website at www.fredericksburgva.gov/922/CAPER or upon request by emailing
[email protected] or by calling 540-372-1179. If necessary, material will be made available,
upon request, in a form accessible to persons with disabilities.
The public comment period will run from August 21st – September 8th, 2026. The Fredericksburg City Council
will hold a public hearing on the Consolidated Annual Performance and Evaluation Report on August 25th and
the anticipated vote will be at the September 8th City Council meeting. Please direct any comments to the
Community Planning and Building Department (540-372-1179).
Kerry P. Devine, Mayor

CITY OF FREDERICKSBURG, VIRGINIA

COMMUNITY DEVELOPMENT BLOCK GRANT
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT
DRAFT

PROGRAM YEAR 2025/2026

(JULY 1, 2025 TO JUNE 30, 2026)

Prepared by: The Community Planning and Building Department

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)

This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This is the City of Fredericksburg's Consolidated Annual Performance and Evaluation Report (CAPER) of programs undertaken in accordance with
the 2025-2026 Annual Action Plan. The City used $164,998.32 in CDBG funds to assist 252 eligible City households/persons through a variety of
programs. This included emergency repairs for 2 households and the removal of architectural barriers to promote accessibility for 3 households
in the City. This also included public services including direct assistance for 14 households (65 persons) to prevent eviction and foreclosure, legal
assistance for 57 persons to manage landlord-tenant law issues, mental health case management for 14 persons, support services for 51
individuals living with HIV/AIDS, and testing and education for an additional 60 persons. Additionally, public facility improvements were
engineered to assist 1,342 persons with non-housing community development.
CDBG programs this year fulfilled many of the goals of the 2025-2029 Consolidated Plan, prioritizing funds for individuals and families to allow
for stable and safe homes.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)

Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

1

Goal

Category

Source
/
Amount

Housing and Support
Services - HIV/AIDS

Affordable
Housing

CDBG:
$

Housing and Support
Services - HIV/AIDS

Affordable
Housing

CDBG:
$

Housing
Rehabilitation

Affordable
Housing

CDBG:
$

Increase
Homeownership

Affordable
Housing

CDBG:
$

Legal Services and
Fair Housing
Advocacy

Affordable
Housing

CDBG:
$

Non-Housing
Community
Development

Non-Housing
Community
Development

CDBG:
$

Indicator

Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Public service
activities for
Low/Moderate
Income Housing
Benefit
Homeowner
Housing
Rehabilitated
Direct Financial
Assistance to
Homebuyers
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Other

Unit of
Measure

Expected
–
Strategic
Plan

Actual –
Strategic
Plan

Persons
Assisted

500

111

Households
Assisted

50

14

Household
Housing
Unit

19

2

Households
Assisted

6

0

Persons
Assisted

450

57

Other

6

0

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

Percent
Complete

22.20%

28.00%

10.53%

0.00%

12.67%

0.00%

Expected
–
Program
Year

Actual –
Program
Year

100

111

10

14

4

2

2

0

90

57

1

1

2

Percent
Complete

111.00%

140.00%

50.00%

0.00%

63.33%

100.00%

Prevent
Foreclosure/Eviction

Affordable
Housing

CDBG:
$

Remove
Architectural Barriers
to Housing

Affordable
Housing

CDBG:
$

Public service
activities for
Low/Moderate
Income Housing
Benefit
Homeowner
Housing
Rehabilitated

Households
Assisted

70

24

Household
Housing
Unit

14

3

34.29%

21.43%

14

24

4

3

171.43%

75.00%

Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
The City of Fredericksburg's use of CDBG funds has addressed the priorities and objectives identified in the 2025-2026 Annual Action Plan. Most
importantly for this program year, 100 percent of funds served low- to moderate-income households. While funds to build new affordable
housing in our City are limited, the City's CDBG program focuses on maintaining and preserving the existing housing stock, ensuring safe living
conditions today while securing intergenerational wealth and housing stability. This work is carried out primarily through the Emergency Home
Repair and Removal of Architectural Barriers programs. The City's repair programs have shifted to address more complex housing problems in
the community. Because each household has a greater need, the City offers more financial resources for fewer projects to ensure these complex
needs are fully addressed. Residents participating in the program own their homes, and many are long-standing family homes. Without the
CDBG program to assist with necessary emergency home repairs, like failing roofs, leaking plumbing, dangerous electrical systems, or the
removal of architectural barriers to continue living in their homes, these families would likely lose their housing and be unable to find another
affordable option.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

3

CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White
Black or African American
Asian
American Indian or American Native
Native Hawaiian or Other Pacific Islander
Total
Hispanic
Not Hispanic

110
119
3
1
0
233
25
221

Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative
The City's CDBG program collected racial data on 246 persons and families during the project year. Of
those, 110 were White, 119 were Black or African American, 3 were Asian, 1 was American Indian or
American Native, and 0 were Native Hawaiian or Other Pacific Islander. This chart did not list an
additional 13 persons who were multiracial. Of the total 246 persons, 25 persons were Hispanic.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

4

CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds

CDBG

Source

Resources Made
Available
236,645

public - federal

Amount Expended
During Program Year
164,998

Table 3 - Resources Made Available

Narrative
The City of Fredericksburg received $236,645 in Community Development Block Grant (CDBG) funding
for the 2025-2026 Program Year. These funds supported a variety of programs including housing
rehabilitation and public services. The total expenditure of funds this year was $164,998.32 to support
CDBG programs.

Identify the geographic distribution and location of investments
Target Area

Citywide

Planned Percentage of
Allocation
100

Actual Percentage of
Allocation
100

Narrative Description

Table 4 – Identify the geographic distribution and location of investments

Narrative
The Emergency Home Repair Program, Direct homeownership Assistance Program, and Removal of
Architectural Barriers Program are administered on a first come, first served basis. Emergency home
repairs and needs to remove architectural barriers are addressed as quickly as possible with an
estimated 3-4 month project completion timeline. Homeownership assistance requires applicants to
qualify for a mortgage loan. In each instance, the distribution of these programs Citywide has proven
beneficial to target eligible households. In general, the most CDBG related activity will occur where
there are higher concentrations of low-to-moderate income persons; however, low-to-moderate income
needs exist and are scattered throughout the City. By making CDBG investment available Citywide,
eligible persons have been served more equitably than if such activity were geographically restricted.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

5

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The Community Development Planner serves as project manager for the Emergency Home
Repair, Removal of Architectural Barriers, and Direct Homeownership Assistance programs.
Administration costs in the amount of $45,724.00 were matched by local funds in the amount
of $34,618.37. The $14,000 dollars dedicated to Loissann's Hope House is added to $1,485.00 of
DHCD funds, and $4,055.42 of private donations were used to assist this specific population.
The $3,799.62 dollars managed by Legal Aid Works is added to $19,802.42 of state and federal
funds to prevent eviction and educate tenants.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

6

CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
Number of Homeless households to be
provided affordable housing units
Number of Non-Homeless households to be
provided affordable housing units
Number of Special-Needs households to be
provided affordable housing units
Total

One-Year Goal

Actual
0

0

223

211

0
223

0
211

Table 5 – Number of Households

Number of households supported through
Rental Assistance
Number of households supported through
The Production of New Units
Number of households supported through
Rehab of Existing Units
Number of households supported through
Acquisition of Existing Units
Total

One-Year Goal

Actual
24

75

0

0

7

5

2
33

0
80

Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City's goal for the 2025-2026 program year was to remove architectural barriers, rehabilitate, or
provide emergency repairs to 7 dwellings. During this year, 5 assisted households had income below 30
percent of the area median income. The work completed on each home was substantial, continuing a
trend from previous years in which households' repair needs are more extensive. The need for home
repair and removal of architectural barriers remains high.
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

7

Planning staff continued to administer the Direct Homeownership Assistance program to help provide
down payment and/or closing cost assistance. 0 households were assisted with home purchases. Staff
continues to provide outreach through civic and neighborhood associations to encourage participation
in the program.
The City's activities are tailored to prevent homelessness; therefore, there is no impact on the homeless
community. Outside agencies in the area meet the needs of the homeless community, such as Empower
House and Micah Ecumenical Ministries.
Legal Aid Works provided 57 households with direct housing advocacy assistance and landlord-tenant
education, which is 33 fewer than the 90 planned. This was due to ongoing staffing shortages from the
past program year.
Fredericksburg Area HIV/AIDS Support Services provided utility assistance to 51 individuals, mental
health case management to 14 individuals, and educational materials and testing to 60 individuals. The
total number of individuals served was 125, above the goal of 110 individuals.
Loisann's Hope House provided 24 households (65 individuals) with rent or utility assistance, short-term
support coordination, conflict mediation, and connections to other mainstream services, exceeding the
planned goal of 14 households.

Discuss how these outcomes will impact future annual action plans.
As home repair needs and architectural barriers become more expensive, the total number of
rehabilitation projects served may be reduced in the coming years.
The City's pool of qualified homebuyers able to access down payment assistance is limited. The program
will be more intensively marketed by meeting with the local realtor association to ensure all potential
buyers are connected with the funds.

Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served
Extremely Low-income
Low-income
Moderate-income
Total

CDBG Actual
134
108
9
251

HOME Actual

0
0
0
0

Table 7 – Number of Households Served

Narrative Information
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

8

100% of City CDBG funds assist low-income households. Of the 251 households assisted, 134, or 53%,
are under 30% of AMI, extremely low-income. The remaining 47% of households are between 30-50% of
AMI (low-income) or 50-80% of AMI (moderate-income).

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

9

CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City of Fredericksburg participates in the Fredericksburg Regional Continuum of Care's Coordinated
Entry System and refers individuals experiencing homelessness to the community's Central Intake, when
appropriate. Community partners work to identify and engage persons experiencing homelessness and
connect them to services. The CoC ensures that all people living unsheltered in the CoC's geographic
area are known to and engaged by providers and outreach teams. Micah Ecumenical Ministries works
with street-homeless people and primarily identifies and maintains contact with unsheltered persons by
offering basic needs services at its hospitality center. Clients engaged with Micah also help to identify
others who are unsheltered and may not be accessing services.

Addressing the emergency shelter and transitional housing needs of homeless persons
The Fredericksburg Regional Continuum of Care addresses the emergency shelter needs of homeless
persons by collectively providing 48 year-round shelter beds for adults without children, 80 year-round
shelter beds for families with children, 42 year-round shelter beds for individuals and families fleeing
domestic violence, and 8 year-round shelter beds for those exiting the hospital who have no place to
stay. Additionally, a 37-bed cold weather shelter runs from mid-November to mid-March to serve those
who would otherwise be unsheltered during the winter months. Despite continued efforts to shelter all
unsheltered persons experiencing homelessness, there continue to be cases where a household refuses
shelter or shelter is not available due to lack of bed space, time expiration, or violent criminal histories.
The CoC is working to provide shelter opportunities for these individuals; in the meantime, Micah's
hospitality center offers basic needs assistance when shelter is not an option. Case managers are also on
site at the hospitality center to help with job search, disability application, and access to other
community resources. All unsheltered persons are included in the community list for rapid re-housing
prioritization; in many cases, unsheltered persons have been successfully re-housed from the street.

Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Households experiencing a housing crisis are connected to appropriate resources to prevent
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

10

homelessness through the Fredericksburg Regional Continuum of Care's Coordinated Entry System.
Households at risk of losing their housing are connected to community resources, including housing
counseling, financial assistance through faith-based groups, or other related services. Those who are
considered most at risk of homelessness are connected to the prevention program for case
management, financial assistance, and housing location services, as appropriate. The CoC targets its
prevention resources to households living in a hotel/motel or with friends/family, who have run out of
options and, without prevention assistance, would become homeless.

Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The Fredericksburg Regional Continuum of Care works to reduce the length of homelessness through its
Housing First approach to homeless services, reduce new cases of homelessness through its prevention
and diversion activities, and reduce returns to homelessness by focusing on stabilization and longerterm support for the community's most vulnerable. The community's rapid re-housing and permanent
supportive housing programs target those least likely to self-resolve to ensure they can transition back
into permanent housing as quickly as possible. Those not prioritized for rapid re-housing or permanent
supportive housing receive housing-focused shelter case management to support self-resolution. The
community's housing locator engages landlords who will rent to high-barrier households, including
those with poor credit, criminal backgrounds, financial judgments, or inconsistent income, to ensure
access to affordable housing units.
The community is committed to opening doors to end veteran, chronic, family, and youth homelessness.
The Fredericksburg Regional CoC has worked alongside other Virginia CoCs to functionally end veteran
homelessness. While continuing its commitment to the veteran’s initiative, the CoC is now shifting its
focus to ending chronic homelessness.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

11

CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There is no public housing within the City of Fredericksburg.

Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The City of Fredericksburg utilizes the Direct Homeownership Assistance program to match down
payment and closing costs for eligible homebuyers within the City. This program is available City-wide.

Actions taken to provide assistance to troubled PHAs
There is no public housing within the City of Fredericksburg.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

12

CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City has established flexible zoning requirements for setbacks and parking, to encourage in-fill
development in established neighborhoods. City staff also considers waiving water availability fees for
new units on a case-by-case basis as another way to make new housing affordable.
Fredericksburg has consistently supported affordable housing through its CDBG programs. CDBG-funded
activities with a strong homeownership emphasis include the Direct Homeownership Assistance
Program and the Emergency Home Repair Program. Homeownership assistance helps qualifying families
to become homeowners. Emergency home repair assistance addresses high-cost maintenance items to
keep qualifying families' homes intact and habitable.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
Planning staff continued to implement the Emergency Home Repair Program to maximize available
funding for housing rehabilitation. This program provides funding to repair leaking roofs and plumbing
(mitigate water damage) and to repair electrical systems (remove safety hazards). This program
operates on a first-come, first-served basis, and demand has been high, as revealed by an active waiting
list. Planning staff continued implementing the Direct Homeownership Assistance Program to expand
homeownership opportunities for low/moderate-income City residents. This program provides specific
closing costs and down payment assistance to qualifying households.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
When home repair and removal of architectural barriers program activities were likely to disturb painted
surfaces, the project area was inspected for lead paint, and the most appropriate response followed.
When needed, lead-safe work practices were followed. All homeowners were made aware of the
potential threat of lead-based paint, and information was given to the homeowners and residents.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
The City's community development programs reduce the number of poverty-level families. Applicable
programs include the Emergency Home Repair Program, the regionally administered Housing Choice
Voucher Program (including a component to serve people with cognitive impairments), Food for Life
Program, existing local tax relief for the elderly and/or disabled persons and homeless prevention
programs, Loisann's Hope House, Legal Aid Works, and the Fredericksburg Area HIV/Aids Support
Services. These programs do not increase anyone's income, though.
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

13

Instead, the City's relatively modest CDBG entitlement is most effective when directed toward handling
high-cost home maintenance items, so low/moderate income persons can use their income for other
critical living expenses.
Fredericksburg has no separate economic development component in its CDBG activities.
Fredericksburg's Office of Tourism and Economic Development continues to work with developers and
investors to establish technological and industrial plants, as well as to develop the retail and service
sectors that provide new jobs for low/moderate-income persons.
To ensure that economic growth and job opportunities benefit all Fredericksburg residents, the
FREDericksburg Regional Transit System links people and jobs. The FRED fleet travels on routes carefully
developed in response to community input and to ensure access for elderly, low/moderate-income, and
mobility-impaired persons.

Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City uses various methods to strengthen and develop its institutional structure to improve
coordination of service delivery. The Community Planning Department meets with City departments,
outside agencies, and boards and commissions to enhance coordination and prevent duplication of
effort. Staff attended meetings and trainings held by the Department of Housing and Urban
Development to ensure the City remains in full compliance with program guidelines and uses CDBG
funds effectively. The City works with a Housing Advisory Committee to approve grant expenditures,
ensuring a strong system for grant monitoring.

Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
Fredericksburg has no public housing with which to coordinate. However, Virginia Housing has
consolidated administration of the Housing Choice Voucher Program for rental assistance for all regional
localities. The Community Development Planner works with Virginia Housing and other groups to refer
citizens to the best resources. The Fredericksburg Regional CoC continues to strengthen its membership,
and the Community Development Planner is an elected board member who meets monthly to
coordinate homeless intervention more effectively. The region operates under a coordinated entry
system and refers households to one number to complete this assessment and access homeless
services.

Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Increased awareness and knowledge of fair housing is provided through funding to Legal Aid Works to
help this organization provide education and counseling related to the Virginia Residential Landlord and
Tenant Act to persons at or below 80 percent of the median income. Visibility of Fair Housing is raised by
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

14

maintaining the Community Development Block Grant/Fair Housing website within the City's website,
which includes a description of CDBG programs, a definition of fair housing, general fair housing
information, landlord-tenant guidance, and links to HUD and the Virginia Fair Housing Office's website to
get more information or to file a complaint.
The program helped residents with special needs access housing and services by ensuring the City's
2025 Comprehensive Plan includes a variety of housing types. Units range from apartments to singlefamily detached dwellings. This variety should help maintain and enhance homeownership levels while
providing additional rental opportunities. In addition, Community Planning and Building staff worked
with the City's Transit Department to ensure that the bus system effectively serves all areas of the
community.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

15

CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
Staff ensures that all CDBG activities are compliant with standards and procedures and meet annual
goals. Subrecipients submit quarterly reports to ensure compliance with their obligations. The
Community Development Planner maintains compliance with all procedures for an entitlement
community.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
Staff worked to ensure Fredericksburg residents were aware of the CAPER process and had reasonable
notice and an opportunity to comment on performance reports. A public hearing was held on August
25th, and the comment period remained open to allow additional comments. The Public Comment
Period began with a newspaper advertisement on August 21st and ran until September 8th. The public
hearing was advertised on August 11th and August 18th. Additionally, the staff sent a summary annual
report directly to Civic associations, area churches, and interested parties. To give the public a
reasonable opportunity to review and comment on the completed CAPER, a summary of the annual
performance report and notice of the 15-day comment period were published in the local newspaper.
This notice stated that the full document would be available on the City's website and by contacting the
Community Planning and Building Department directly.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
N/A

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

16

grants?
No

[BEDI grantees] Describe accomplishments and program outcomes during the last year.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

17

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
N/A

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No

[BEDI grantees] Describe accomplishments and program outcomes during the last year.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

18

CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided

Total Labor Hours

CDBG

Total Number of Activities

10

Total Labor Hours

HOME

ESG

HOME

ESG

0

0

HOPWA

HTF

HOPWA

HTF

0

0

1,250

Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours

Table 8 – Total Labor Hours

Qualitative Efforts - Number of Activities by Program

Outreach efforts to generate job applicants who are Public Housing
Targeted Workers
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers.

CDBG

Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition
for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business
concerns.
Technical assistance to help Section 3 business concerns understand
and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by
Section 3 business concerns.
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can
provide direct services or referrals.
Provided or connected residents with supportive services that provide
one or more of the following: work readiness health screenings,
interview clothing, uniforms, test fees, transportation.

3

Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four
year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns.
Provided or connected residents with training on computer use or online
technologies.
Promoting the use of a business registry designed to create
opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act.

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

19

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program

Narrative
There are three activities that provide or connect residents with supportive services that can provide
direct services or referrals. These are the activities concerning the three sub-recipients, Legal Aid Works,
Fredericksburg Area Health and Support Services, and Loisann's Hope House.

CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete

Basic Grant Information
Recipient Name
Organizational DUNS Number
UEI
EIN/TIN Number
Indentify the Field Office
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance

FREDERICKSBURG
083048199
546001293
RICHMOND

ESG Contact Name
Prefix
First Name
Middle Name
Last Name
Suffix
Title
ESG Contact Address
Street Address 1
Street Address 2
City
State
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

20

ZIP Code
Phone Number
Extension
Fax Number
Email Address
ESG Secondary Contact
Prefix
First Name
Last Name
Suffix
Title
Phone Number
Extension
Email Address

2. Reporting Period—All Recipients Complete
Program Year Start Date
Program Year End Date

07/01/2025
06/30/2026

3a. Subrecipient Form – Complete one form for each subrecipient
Subrecipient or Contractor Name
City
State
Zip Code
DUNS Number
UEI
Is subrecipient a vistim services provider
Subrecipient Organization Type
ESG Subgrant or Contract Award Amount

CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)

21

ITEM#5B

MEMORANDUM
TO:
FROM:
RE:
DATE:

Timothy J. Baroody, City Manager
Amanda Six, Director of Finance
Amending the Fiscal Year 2027 Budget for Supplemental Appropriations for the
Fredericksburg City Schools
September 1, 2026 (for the September 8, 2026 City Council Meeting)

ISSUE
Shall the City Council approve a resolution amending the FY 2027 Schools Operating and Grants
funds totaling $104,249?
RECOMMENDATION
Staff recommends approval of this resolution on first read. If approved, second reading of this
resolution will be slated for September 22, 2026.
BACKGROUND
The following was presented to the Fredericksburg City School Board and subsequently
approved on August 3, 2026.
Following the Governor's approval of the Commonwealth's FY2027 budget and the Virginia
Department of Education's release of the final FY2027 Calculation Tool, Fredericksburg City Public
Schools completed a reconciliation of the adopted budget to the final state funding allocations.
The reconciliation reflects updated Average Daily Membership (ADM) projections (decrease by 23
students to more accurately reflect recent enrollment) and final state funding adjustments,
resulting in a net increase of $104,250 in projected state revenue.
This includes a $61,935 increase in the Operating Fund and a $42,315 increase in the Grant
(Special Revenue) Fund.
In anticipation of a state funding increase, we previously added a $300,000 conservative
placeholder to our projected state funding revenue that was a part of our previously approved
and adopted budget, bringing the total increase of Governor’s budget $404,249, with only
$104,249 remaining to be recognized in this budget amendment between operations and grant
fund budgets.
FISCAL IMPACT
There is no additional local funding associated with this budget supplement.

Memorandum: Amending the FY 2027 Budget for Supplemental Appropriations in the School Funds
September 1, 2026 (for the September 8, 2026 City Council Meeting)
Page 2 of 2

Attachment:
Resolution
Cover Memorandum & Attachment from Fredericksburg City Public Schools

MOTION:

September 8, 2026
Regular Meeting
Resolution 26-__

SECOND:
RE:

Amending the Fiscal Year 2027 Budget for Supplemental Appropriations for the
Fredericksburg City Schools

ACTION:

APPROVED: Ayes: __; Nays: __

FIRST READ:____________ SECOND READ:
Fredericksburg City Public Schools are requesting the appropriation of additional funding
allocated to them through the final state budget.
Following the Governor's approval of the Commonwealth's FY2027 budget and the Virginia
Department of Education's release of the final FY2027 Calculation Tool, Fredericksburg City Public
Schools completed a reconciliation of the adopted budget to the final state funding allocations.
The reconciliation reflects updated Average Daily Membership (ADM) projections (decrease by 23
students to more accurately reflect recent enrollment) and final state funding adjustments,
resulting in a net increase of $104,250 in projected state revenue.

This includes a $61,935 increase in the Operating Fund and a $42,315 increase in the Grant
(Special Revenue) Fund.
Operating Fund
Revenue Source

Adopted FY27

State Funds
Sales Tax
Total Revenue

$
$
$

Amended
FY27

22,757,396 $
5,427,462 $
67,706,358 $

Changes

22,780,534 $
5,466,259 $
67,768,293 $

23,138
38,797
61,935

Special Revenue Fund
Revenue Source

Adopted FY27

State Funds
Total Revenue

$
$

Total Change

Amended
FY27

619,864 $
8,927,812 $

Changes

662,179 $
8,970,127 $

42,315
42,315

$ 104,250

September 8, 2026
Resolution 26-__
Page 2

NOW, THEREFORE, BE IT RESOLVED, that the FY 2027 budget is amended and the total
appropriation is increased in the School Operating Fund in the amount of $61,935 for general
school purposes as requested by the Fredericksburg City Public Schools. Be it further resolved
that the FY 2027 budget is amended and the total appropriation is increased in the School Special
Revenue Fund by $42,315 based on increases in state funding for school grant programs, as
requested by the Fredericksburg City Public Schools.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
**************
Clerk’s Certificate
I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and
that the foregoing is a true copy of Resolution No. 26- duly adopted at a meeting of the City
Council meeting held DATE, 2025 at which a quorum was present and voted.
___________________________________
Brenda Martin
Clerk of Council

Budget Amendments for School Board Consideration

July 2026

Executive Summary
FY2027 Budget Amendment – Post-Adoption State Funding Reconciliation
Executive Summary
Following the Governor's approval of the Commonwealth's FY2027 budget and the Virginia
Department of Education's release of the final FY2027 Calculation Tool, Fredericksburg City
Public Schools completed a reconciliation of the adopted budget to the final state funding
allocations. The reconciliation reflects updated Average Daily Membership (ADM) projections
(decrease by 23 students to more accurately reflect recent enrollment) and final state funding
adjustments, resulting in a net increase of $104,249 in projected state revenue. This
includes a $61,935 increase in the Operating Fund and a $42,315 increase in the Grant (Special
Revenue) Fund. *In anticipation of a state funding increase, we previously added a $300,000
conservative placeholder to our projected state funding revenue that was apart of our previously
approved and adopted budget, bringing the total increase of Governor’s budget $404,249, with only
$104,249 remaining to be recognized in this budget amendment between operations and grant
fund budgets.
In addition, existing appropriations are being reallocated to support approved operational
priorities, including nursing salary scale adjustments and the establishment of a Transportation
Contingency to support recruitment, retention, and potential salary-scale needs. These
amendments do not change the overall financial strategy of the previously adopted budget but
ensure that revenues and appropriations accurately reflect the final state funding allocations
and current operational priorities.

Financial Snapshot
Item
Net Operating Fund Revenue Increase
Net Grant (Special Revenue) Revenue
Increase
Combined Net State Revenue Increase
Operating Fund
Grant Fund
Key Reallocation
Transportation Contingency
Remaining General Contingency Reserve

Amount / Summary
$61,935
$42,315
$104,249
Adopted: $67,706,358 | Amended:
$67,768,293
Adopted: $8,927,812 | Amended: $8,970,126
$29,969 for Nurse Salary Scale Adjustment
New $200,000 contingency funded by
$168,034 reserve reallocation and $31,966
new state revenue
$500,000

Administration Recommendation
Administration recommends approval of the FY2027 budget amendment to align the adopted
budget with the Governor-approved state budget, the Virginia Department of Education FY2027
Calculation Tool, and related reallocations supporting operational priorities.

ITEM#6A

MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:

Kerry P. Devine, Mayor; members of Fredericksburg City Council
Kelly J. Lackey, City Attorney
September 1, 2026 (for the September 8, 2026 Council Meeting)
Lease of Co-located Facilities at Courtland Water Tank

Kelly J Lackey

ISSUE
Should the City authorize a new lease agreement with T-Mobile for co-located
telecommunications facilities at the Courtland Water Tower?
RECOMMENDATION
Staff recommends approving the proposed lease which is similar to a prior lease to T-Mobile at
the same location.
DISCUSSION
The prior lease with T-Mobile at Courtland Water Tank (123 Ashby Street) had been in place
with annual rent escalation (and a rent increase associated with installation of additional
equipment in 2013) since 2005. The City currently has one other telecommunications lease at
this site: Cellco (Verizon) whose lease will expire in 2029. Co-locations by Sprint were removed
on or about 2022 and NTelos in 2016.
A short extension of the prior lease was approved last fall to complete negotiation of a new
lease. This new five-year lease (with three five-year renewal options) is the result of those
negotiations. The most recent lease extension provided for rent escalation in the event of a
holdover tenancy after February 28, 2026. This new lease has a retroactive date to March 1,
2026, which relieves T-Mobile of the holdover rate and instead establishes a new annual rate
that is generally consistent with the Cellco lease and will escalate by 3% in each subsequent
year. The new lease also includes new access and security requirements that provide the City
with greater control over site access and coordination of maintenance activities, while T-Mobile
is required to respond to emergency conditions within 24 hours and provide a corrective-action
schedule for non-emergency issues.
FISCAL IMPACT
Annual rent will be paid to the City.
Attachments: Resolution
T-Mobile Lease Agreement

MOTION:

September 8, 2026
Regular Meeting
Resolution 26-__

SECOND:
RE:

Granting a Non-Exclusive Telecommunications Lease with T-Mobile Northeast
LLC for Co-Location at the Courtland Water Tank

ACTION:

APPROVED: Ayes: 0; Nays: 0

The City of Fredericksburg owns real property located at 123 Ashby Street (GPIN 7778-45-4066),
which is the site of the Courtland water tank.
In 2005, the City Council adopted Ordinance 05-22 on August 9, 2005, agreeing to lease certain
space on the Courtland Water Tank to Omnipoint Communications Cap Operations, LLC, for a
period of five years. Effective January 1, 2006, Omnipoint transferred the lease to another TMobile subsidiary, T-Mobile Northeast LLC, as part of a corporate restructuring process. The
lease has been renewed (including an amendment in 2013 to permit additional equipment) in
subsequent years with annual rent escalation through its expiration on February 28, 2026
(subject to a holdover tenancy clause during the pendency of good faith negotiations of a new
lease).
The proposed new lease maintains much of the same terms and conditions of the prior lease but
establishes a new annual rent amount retroactive to March 1, 2026 and provides greater
specificity as to access, security, and maintenance coordination.
Therefore, the City Council hereby resolves that the City Manager is authorized to enter into a
lease agreement, which shall substantially conform to the attached draft, subject to the City
Attorney’s approval as to form.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:

September 8, 2026
Resolution 26-__
Page 2

***************
Clerk’s Certificate
I certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing
is a true copy of Resolution No. 26- , adopted at a meeting of the City Council held September 8,
2026, at which a quorum was present and voted.
____________________________________
Brenda T. Martin
Clerk of Council

2

LEASE AGREEMENT
This Lease Agreement (“Agreement”) is made effective as of the date of last signature
herein, (“Effective Date”) by and between T-Mobile Northeast LLC, a Delaware limited liability
company (“Lessee”), and the City of Fredericksburg, Virgina, a municipal corporation (“Lessor”
or “City”). Lessor and Lessee are collectively referred to herein as the “Parties.”
RECITALS
WHEREAS, Lessor’s and Lessee’s predecessors in interest previously entered into a
Lease Agreement effective August 16th, 2005 and that certain Lease Renewal effective
September 1st 2010, and Lease Amendment effective February 25th 2013, and the Lease Renewal
Effective September 1st, 2015, and subject to a final extension per Fourth Amendment effective
September 23, 2025 (collectively the “Previous Lease”) for lease of a portion of the property
consisting of an area approximately 180 feet by 203 feet at 123 Ashby Street, Fredericksburg,
VA 22401 (the “Property”), for the purpose of installing and operating telecommunications
equipment and ground space (“Water Tank Site”). The Parties now wish to enter a new
Agreement for lease of a portion of the Premises (the “Premises”) as herein described at
Paragraph 3 on new terms.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The foregoing Recitals are expressly made a part of this Agreement and are
incorporated herein by this reference. All capitalized terms used but not defined herein
shall have the same meaning as in the Lease.
2. Effective Date. The Previous Lease expired on February 28th, 2026. This Lease
Agreement shall commence retroactively on March 1, 2026 (“Commencement Date”)
and remain in effect for the term specified herein unless sooner terminated in
accordance with the provisions herein.
3. Premises. Subject to the following terms and conditions, the City hereby leases to
Lessee the Premises, as more particularly shown on the site plan attached hereto as Exhibit A for
the continued operation, repair, and replacement of no more than nine (9) antennas, together with
ground space consisting of an area of twenty feet by ten feet for telecommunications equipment
limited to a maximum height of twelve feet from ground level and associated electrical service
infrastructure. In addition to the foregoing, the Lessee shall for the duration of this Lease use of
such right-of-way and access easement on, over, under, and through the site, extending from the
water tank to Ashby Street, as shown on Exhibit B (access drawing) and Exhibit C (site plan). In
addition, Lessee shall have the right to park vehicles on or about the water tank lot during
periods of construction, site inspection, and necessary maintenance and repair work, provided
such parking does not in any way interfere with the City’s use of and access to the water tank

Site No.:

7FBU046B

-1-

and collocated facilities. All exhibits are incorporated by reference herein. The term “antennas”
as used herein means all equipment, including antenna support structures, and reasonably
necessary cables, wires, and conduits not incompatible with the use of the water tank for water
storage and maintenance for which the location and methodology for continuing encroachments
are shown in the exhibits or otherwise subsequently approved in writing by the City Manager or
designee (and not inconsistent with structural analysis for which Lessee bears costs and
expense).
4. Purpose and Use; Shared Uses
a. The Lessee shall have the non-exclusive right to use the Premises solely for purposes
of constructing, installing, operating, protecting, maintaining, repairing, and removing
a personal communications facility, which shall consist of the communications
equipment, antennas, lines, cables, and associated equipment described in “Exhibit
D”, which document is attached hereto and made a part hereof (“Antenna Facilities”).
Not later than fifteen (15) days following the execution of this Lease, Lessor shall
supply to the City copies of all structural analysis reports that have been done with
respect to the water tower since 2005, and when completed in consideration of a
modification proposed by the Lessee, Lessor shall supply Lessee with copies of all
structural analysis reports that are done with respect to the water promptly upon
completion of the same. For avoidance of doubt, structural analysis of the water tank
refers to analysis with respect to the Antenna Facilities located or proposed to be
located thereon.
b. The Lessee agrees to comply with all applicable City, state, and federal codes,
ordinances, and regulations that are in effect in the City as of this date or that may be
hereinafter enacted during the term of this Lease and to keep the Antenna Facilities
safe and in good working order and condition at all times. During the term of this
Lease, the City will reasonably cooperate with the Lessee to maintain, at Lessee’s
expense, all licenses and permits required for Lessee’s use of the Premises
(“Governmental Approvals”), provided that this does not constrain future City
Councils as to any future zoning or other legislative approvals on new applications.
c. The City shall have the right, at any time during the term of this Lease, to lease space
on the Courtland Water Tank and the underlying parcel (other than the space
allocated to the Antenna Facilities) to other users including other telecommunications
providers, and to occupy and use the Site itself twenty-four hours a day, seven days a
week for any purpose, including communications and utility uses. Such shared uses
shall be conducted in accordance with Paragraphs 10 and 11 below.
5. Term
The term of this lease shall commence on March 1, 2026 and end at midnight on
February 28, 2031. The Lessee may request extension or renewal, subject to the written
approval of City Manager, for up to three additional five year terms. If Lessee shall
remain in possession of the Premises at the expiration of this Lease without a written

Site No.:

7FBU046B

-2-

agreement, the Rent shall increase one-time by 125% above the rate in the final month of
the term for each month from termination until Lessee’s Facilities are removed as further
provided in Paragraphs 14.a and 14.b.
6. Rent
a. Upon 30 days following the Effective Date, the Lessee shall pay to the City $50,000.00
as rent for the Premises in the first year of the term (“Rent”). On each annual anniversary of
the Commencement Date for the term, rent will increase by 3% and be payable annually in
advance of March 1 of each year to the City at the City’s address specified in paragraph 17
below.
b. If any rental payment hereunder is not paid within thirty (30) days following the due date,
a late charge of ten (10%) percent of the Rent shall be added thereto. Any Rent payment,
plus late charge, that remains unpaid more than thirty (30) days after the due date shall
bear interest at the rate of eighteen (18%) per year until paid in full.
c. Upon termination of this Lease, all prepaid Rent will be refunded by the City to the
Lessee unless such termination is caused by the default of the Lessee.
d. The Lessee may not add additional antenna or equipment to the Premises, without the
City’s prior written approval, not to be unreasonably withheld, denied, delayed of
conditioned, provided that Lessee reimburses the City for its reasonable, actual, and
documented out-of-pocket costs incurred in connection with the review of such request,
including legal and engineering review, inspections, coordination, and any third party
structural assessment reasonably required by the City. The City shall provide Lessee with
reasonable supporting documentation for such costs, and Lessee shall reimburse the City
within thirty (30) days after receipt of such documentation.
If the proposed modification requires an expansion of the Premises or additional rights
not otherwise granted under this Lease, the Parties shall negotiate in good faith any
corresponding amendment to this Lease, including any adjustment to the Rent, if
mutually agreed by the Parties.
For the avoidance of doubt, no attachment, penetration, or modification of the water tank
shall occur without prior written approval by the City and structural analysis performed at
Lessee’s sole cost by a professional engineer acceptable to the City.
7. Improvements; Access.
a. Subject to overriding principle that the Lessee’s use of the Premises shall at all times be
subordinate to the City’s ownership, operation, maintenance, and replacement or
improvement of the Premises, the Lessee shall have the right, at its sole cost and expense,
to maintain on the Premises the Antenna Facilities, as more particularly set forth in
Exhibits C and D.
b. The Lessee shall not reconstruct, enlarge, heighten, or otherwise reconfigure or expand
the Antenna Facilities on the Premises at any time during the Lease without the prior
written permission of the City consistent with Paragraph 6.d. The Lessee, however, shall
have the right to repair, replace in kind, or make minor alterations to the Antenna
Facilities, provided that such modifications, replacements, or alterations are of

Site No.:

7FBU046B

-3-

substantially the same size, weight, number, and heights as those set forth in Exhibit D
and that Lessee follows the access protocol notification and coordination set forth in
Exhibit F.
c. The Antenna Facilities shall remain the exclusive property of the Lessee, who shall have
the right to move or remove any antennas and transmission lines if consistent with
Section 6.d (or the termination provisions of this Lease) and the access protocol
notification and coordination requirements set forth in Exhibit F. Any trade fixtures and
trade equipment installed by Lessee, if any, for its business purposes, whether or not
attached to the Premises or the Site, will remain the property of the Lessee and will be
removed at Lessee’s sole expense upon the expiration or earlier termination of the Lease
as specified further herein. Furthermore, the City shall have no right or claim to any
insurance proceeds payable on account of damage to or destruction of any Antenna
Facilities (For avoidance of doubt, this does not preclude claims for damage or costs
incurred by the City as a result of collocated equipment.).
d. The Lessee shall provide the City with “as-built” drawings of the Antenna Facilities for
work varying from Exhibit B or previously submitted as-built drawings showing the
actual location of any facilities installed on the Premises or Site within ninety (90) days
of completion of work. The drawings shall be accompanied by a complete and detailed
inventory of all Antenna Facilities and any other personal property or fixtures placed on
the Premises or Site.
e. The Lessee shall have a right of ingress and egress across the Site for access to the
Premises during the term of the Lease as consistent with the access protocol notification
and coordination set forth in Exhibit F. Such easement shall continue for a reasonable
period after the expiration or earlier termination of this Lease as necessary for the Lessee
to remove its property pursuant to Paragraph 14.a below.
8. Utilities; Security.
a. The Lessee shall have the right, at its sole cost and expense, to install or upgrade
utilities to serve the Premises (including, but not limited to, the installation of
emergency power generators), provided that new installation, modification,
replacement, and alteration are consistent with Paragraph 7.b. All telephone and
electrical service to the Premises shall be provided by the Lessee’s own separate
underground lines and meters. All utilities installed on the Premises or Site shall be as
shown in Exhibits C or D or as provided by 7.d.
b. The Parties acknowledge and agree that it is of paramount concern that the City’s
property and Site be secure and protected from trespass, vandalism, and other
criminal activity or unauthorized access that could jeopardize the health and safety of
the citizens of the City or its critical infrastructure. Lessee shall participate in the
City’s tank security protocol and shall maintain the confidentiality of all sensitive
information related to that protocol. The Lessee shall also be responsible for
maintaining security of the locks on the Lessee’s equipment cabinets.
c. Access protocol notification and coordination shall be provided as set forth in Exhibit
F (with any changes in operational points of contact to made in writing by each Party
by those designees named in Paragraph 19).

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9. Repair and Maintenance of Lessee’s Facilities.
a. The Lessee shall be responsible for all maintenance, repairs, and replacement of its
Antenna Facilities, utilities installed on the Site, and any other improvements made
by the Lessee pursuant to this Lease. If the City becomes aware of any maintenance
problem or equipment malfunction involving the Premises or the Antenna Facilities,
the City shall notify the Network Operations Center (NOC) at 1-877-611-5868 for 24hour support by phone or send an email to [email protected]
with a cc to [email protected]. The Lessee shall respond to any
emergency condition arising from its Facilities within twenty-four (24) hours of
notification. For non-emergency conditions, the Lessee shall either resolve the issue
within twenty-four (24) hours of notification or, within the same twenty-four hour
period, provide the City with a written schedule for prompt corrective action and
diligently pursue completion of the work.
b. The Lessee shall not commit, nor allow to be committed, any waste upon the
Premises or the Site or to create or allow any nuisance or any dangerous or defective
condition or any other act that might disturb or interfere in any way with the City’s
use of the Site, critical infrastructure, or the use of neighboring property by their
owners.
c. All work shall comply with City standards for work on water utility infrastructure.
10. Removal/Relocation of Lessee’s Antenna Facilities.
a. The City reserves the right to require the Lessee to remove or relocate the Lessee’s
Antenna Facilities on the Site if the Lessee’s operations materially affect the
operation of critical infrastructure, including but not limited to water tank operation
and maintenance, public communications equipment, or a potential water reuse
system to support the City’s Technology Overlay District. The Lessee shall remove or
relocate the affected Antenna Facilities within twelve (12) months of receipt of
written notice by the City or such sooner relocation as practicable in the event of an
emergency; provided, however, that if the relocated space is unacceptable to the
Lessee, the Lessee shall have the right to terminate this Lease immediately upon
written notice to the City, in accordance with Paragraph 12.
b. In the event that the City requires relocation or temporary removal of the Lessee’s
Antenna Facilities for maintenance, repair, painting, inspection, or improvements of
the water tank or the associated infrastructure, work performed on the Site which
requires temporary relocation of the Antenna Facilities, the Lessee will be solely
responsible for all associated costs of relocation or removal and reinstallation,
provided that: (1) the City provides the Lessee with ninety (90) days prior written
notice; (2) the Lessee obtains all necessary Governmental Approvals therefor; and (3)
the Lessee temporarily removes the affected Antenna Facilities to another location on
the Site mutually agreeable to the parties (or terminates this Agreement as provided in
Paragraph 12). By way of rent abatement, Lessor will reimburse Lessee for all
reasonable and necessary expenses incurred by Lessee to accommodate the Work,
and Lessor may not impose any additional fees, requirements, or conditions upon
Lessee.

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c. The City reserves the right to upgrade or improve its communications equipment
(including the installation of new equipment). During such installation and
implementation of such improvements, the Lessee shall not cause interference with
the operation of the City’s equipment, authorized frequency spectrum, and/or signal
strength. In the event of such interference, the City reserves the right, upon at least
ninety (90) days prior written notice, to require the Lessee to change the location or
remove the Antenna Facilities on the Site, at the Lessee’s sole cost and expense. If
such relocation or removal is unacceptable to the Lessee, the Lessee shall have the
right to terminate this Lease immediately upon written notice to the City, in
accordance with Paragraph 12.
d. Notwithstanding the foregoing, the City retains the right to immediate access to the
Premises, and upon reasonable notice to the Lessee under the circumstances, to
temporarily disable or order Lessee to promptly deattach or remove Lessee’s
equipment in emergency situations affecting public safety, including but not limited
to water service and critical infrastructure.
11. Interference
a. In addition to the provisions of the preceding Paragraph, the Lessee agrees that
the following priorities of use, in descending order, shall apply in the event of
technical interference during the term of this Lease, and the Lessee’s use of the
Premises shall be subordinated accordingly until any such interference problem is
resolved:
i.
The City and any other public entities, including law enforcement,
fire and rescue, and public utilities; and
ii.
Any co-tenant’s equipment installed on the Site as of the
Commencement Date.
b. The Lessee shall not interfere with the City’s existing or future use of the Site, its
property or fixtures, or with the equipment or transmission/receipt of radio,
television, or electronic signals by any higher priority user, as defined in
Paragraph 11.a above. The Lessee shall cease all actions with create such
interference within forty-eight (48) hours after receipt of written notice thereof by
the City. This provision shall not apply to test periods where the source of the
interference is being determined for purposes of suppression. If the Lessee’s
cessation of such action is material to the Lessee’s use of the Premises and such
cessation limits the Lessee’s use of the Premises, as determined by the Lessee in
its sole discretion, the Lessee shall have the immediate right to terminate this
Lease.
c. The City agrees further that any future lease of the Site will prohibit a user of
equal or lower priority from materially interfering with the Lessee’s use of the
Antenna Facilities. If such interference is not eliminated, Lessee shall have the
right to terminate the Lease, or, at the Lessee’s expense, to seek injunctive or
other equitable relief against the interfering co-tenant of the City.
12. Termination; Limitation of Liability.

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a. In addition to any other provision of this Lease relating to termination including
termination arising from notice to relocate or remove Antenna Facilities or equipment
as provided in Paragraph 10, this Lease may be terminated, without any penalty or
further liability as follows: (1) by the City in the event of a failure or refusal by the
Lessee to pay Rent or any other payment within ten (10) days after written notice that
such payment became due under this Lease; (2) by either party upon a default of any
covenant or term by the other which is not cured within thirty (30) days of receipt of
written notice of default (without, however, limiting any other rights available to the
Parties pursuant to any other provisions of this Lease); (3) by the Lessee upon thirty
(30) days’ prior written notice if it is unable to obtain or maintain any license, permit
or other approval necessary to the construction and/or operation of the Antenna
Facilities or the Lessee’s business, including, without limitation, City approval of a
site plan; (4) by the Lessee upon thirty (30) days’ prior written notice if the Premises
are or become unacceptable under the Lessee’s design or engineering specifications
for its Antenna Facilities or the communications systems to which the Antenna
Facilities belong; or (5) by the Lessor upon one hundred and eighty (180) days’
written notice if the Premises are required for a public use, including infrastructure
project or other governmental use.
b. If the City terminates this Lease other than by right, as provided hereunder, or it if
causes interruption of the business of the Lessee, or otherwise defaults under the
terms of this Lease, the City’s liability for damages to the Lessee shall be limited to a
refund of the prorated amount of any prepaid rent and the actual and direct cost of
equipment removal or repairs, and shall specifically exclude any recovery for the
value of the Lessee’s business as a going concern, future expectation of profits, or any
other damages.
13. Taxes; Liens or Encumbrances.
a. The Lessee shall pay and discharge any present or future taxes, assessments, duties,
or impositions assessed, charged, or imposed as a result of the Lessee’s leasehold
interest in the Premises and upon all improvements installed or constructed thereon
by the Lessee. Unless assessment notices or tax bills are sent directly from the taxing
authority to Lessee, City shall provide prompt and timely notice of any tax or
assessment for which Lessee is liable for which the City is in receipt. Lessee shall
have the right to challenge any tax or assessment and City shall cooperate with Lessee
regarding such challenge, provided that City is not required to incur any cost or
expense not paid by Lessee. Nothing in this Lease requires the City (in its capacity as
a political subdivision) to treat Lessee differently from any other taxpayer with
respect to any such appeal.
b. The Lessee shall not suffer the Premises or the Site to become subject to any lien,
charge, or encumbrance, and shall indemnify and save harmless the City against all
such liens, charges, and encumbrances arising from its acts or omissions. The Lessee
shall, within thirty (30) days after written notice thereof from the City, discharge or
bond any mechanic’s lien or other lien, charge, or order for the payment of money

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filed against the Premises, or the Site, as the result of any act or omission of the
Lessee.
c. The City waives any lien rights it may have concerning the Lessee’s Antenna
Facilities on the Premises which are deemed to be the Lessee’s personal property and
not fixtures. Further, the City agrees that the Antenna Facilities shall be exempt from
any execution, sale, levy, attachment, or distress by the City for any Rent or other
amount due or to become due to the City, subject only to salvage value, if any, in the
event of recourse for abandonment as provided by Paragraph 14.a, and that the
Antenna Facilities may be removed at any time (subject to Exhibit F).
14. Removal of Improvements Upon Termination; Holdover Tenancy.
a. Within ninety (90) days after termination or expiration of this Lease, the Lessee shall
remove the Antenna Facilities from the Premises and restore the Premises and the
Site (including any ground encroachments) to the same condition as existed prior to
installation of any of Lessee’s property, ordinary, wear, and tear excepted. Should the
Lessee fail or refuse to restore the Premises and the Site to such pre-existing
condition, the City may deem the property abandoned after ten (10) days written
notice, and the City may restore the property and recover the actual cost and expense
thereof from the Lessee in addition to any salvage value of abandoned property.
b. If Lessee remains in possession of the leased property beyond the date of termination
then commencing thirty days from such written notice, the Rent shall increase to
150% of the rate in the final month of the term specified in this Lease until Lessee’s
Facilities are removed as provided in Paragraph 14.a. Lessor reserves all other legal
recourse.
15. Insurance
a. During the term of this Lease, the Lessee shall procure and maintain from a company
legally qualified/authorized to insure in the Commonwealth of Virginia, the following
insurance coverages: (i) commercial general liability insurance, including property
damage, in an amount of five million dollars ($5,000,000) per occurrence and in the
aggregate; (ii) workers’ compensation in the applicable statutory amount; (iii)
employer’s liability and occupational disease (each accident each employee) with
coverage of one million dollars ($1,000,000); (iv) commercial automobile liability for
owed and non-owned autos, combined single limit of one million dollars ($1,000,000)
each accident; and (v) all risk insurance with standard extended coverage,
replacement value, without coinsurance factor for full replacement value of Lessee’s
personal property and fixtures located on the Site. The limits required above may be
satisfied by any combination of primary and excess liability insurance policies.
Lessee’s commercial general liability and commercial automobile liability policies
shall include the City as an additional insured. It is the express intent of the Parties
that Lessee’s commercial general liability insurance shall include coverage for
property damage or liability claims suffered by the City arising out of the Lessee’s
operations and use of the Premises or Site, including any antennas, equipment, or
facilities owned by the City and located thereon.

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b. The Lessee shall provide the City with certificates of insurance for coverages
pursuant to this Lease on the Commencement Date and at least annually thereafter.
Such certificates shall indicate that coverage may not be canceled, or non-renewed,
without thirty (30) days’ prior written notice to the City. Lessee shall provide such
notice for adverse material change in coverages.
16. Indemnification.
The Lessee shall indemnify, defend, and save harmless the City from any and all loss,
costs, damage, and expense (including reasonable attorney’s fees) arising out of liability,
or claim of liability, for injury to damages to persons or property sustained or claimed to
have been sustained by anyone by reason of operation, use, or occupation of the Site or
the Premises by the Lessee, whether such use is authorized or not, or by any act or
omission of the Lessee or any of its officers, agents employees, patrons, or invitees,
except in the event of proximate cause arising from a willful or negligent act of the City
or its agents. For avoidance of doubt, Lessee shall be responsible for any structural
damage to the water tank or supporting infrastructure caused by its equipment,
installation, or activities, and the Lessor’s acceptance of structural reports submitted by or
on behalf of the Lessee shall not operate as waiver of any claims.
17. Destruction of Premises.
If the Premises, the Antenna Facilities, the Site, or any portion thereof, are completely or
partially destroyed or damaged so as, in the Lessee’s judgement, to hinder the effective
use of the Premises for the purposes set forth herein, the Lessee may elect to terminate
this Lease as of the date of the damage or destruction by given written notice not more
than forty-five (45) days following the date of damage. In such event, the obligation of
the Lessee to pay Rent hereunder shall cease as of the date of such damage or destruction.
18. Condemnation.
If a condemning authority takes all of the Premises, or a portion sufficient, in the
Lessee’s determination to render the Premises unsuitable for the use which the Lessee
was then making of the Premises, the Lessee shall have the option of terminating the
Lease. The Lessee and the City shall each be entitled to pursue their own separate awards
with respect to such taking.
19. Notices.
All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by overnight carrier to the following addresses:
To Lessor
City Manager
City of Fredericksburg

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715 Princess Anne St.
Fredericksburg, VA 22401
To Lessee
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/Site No. 7FBU046B
20. Assignment and Subletting.
a. The Lessee shall not assign, sublet, or otherwise transfer, all or any part of its interest
in this Lease or the Premises without the prior written consent of the City; provided,
however, that the Lessee may assign its interest herein, without such consent, to its
parent company or to a subsidiary of its parent company, or to any successor-ininterest or other entity acquiring at least fifty-one percent (51%) of the Lessee’s
membership or other equity interests or assets, provided that in such case: (i) the
assignee shall assume all of the Lessee’s obligations and responsibilities hereunder;
(ii) the Lessee shall remain fully responsible for all of the Lessee’s obligations and
responsibilities hereunder; and (iii) the Lessee shall give the City at least thirty (30)
days’ prior written notice of such assignment.
b. The Lessee may assign, mortgage, pledge, hypothecate or similarly transfer, without
consent of the City, its interest in this Lease or the Antenna Facilities to any financing
entity or agent thereof to whom the Lessee (i) has obligations for borrowed money or
guaranties related thereto; (ii) has obligations evidenced by bonds, debentures, notes
or similar instruments; or (iii) has obligations evidenced by bond, debentures, notes,
or similar instruments or guarantees related thereto.
21. Bankruptcy.
In the event that the Lessee should become insolvent, bankrupt, or should a guardian,
trustee, or receiver be appointed to administer the Lessee’s business affairs, neither this
Lease nor any interest therein shall become an asset of any such guardian, trustee, or
receiver, and this Lease shall immediately terminate and be of no further force or effect
(except as to insurance claims predating the termination and applicable indemnification
and restoration/removal requirements which shall survive termination).
22. Environmental Laws.
Lessee shall not be responsible for any environmental deficiencies or the environmental
condition of the Site unless said deficiencies or conditions are caused solely by Lessee or
its agents or invitees. In the event of any damage, including damage by contamination, by
hazardous substances brought onto the Site by Lessee or its agents or invitees, Lessee,
shall at the election of the Lessor, promptly repair, remediate, or make monetary

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compensation therefore consistent with applicable laws and regulations. Lessee and
Lessor shall comply with all applicable laws and regulations.
23. Miscellaneous.
a. This Lease constitutes the entire agreement and understanding of the Parties and
supersedes all offers, negotiations, and other agreements between the Parties with
respect to the subject matter hereof. There are no representations or understandings of
any kind not set forth herein. Any amendments to this Lease must be in writing and
executed by both Parties.
b. The Parties agree to cooperate with each other in executing any documents necessary
to protect each other’s rights hereunder or their respective use of the Site, including,
without limitation, a Memorandum of Lease substantially in the form shown in
Exhibit E hereto.
c. The Lessee shall have the peaceful and quiet use of the Premises and all rights,
servitudes, and privileges belonging to, or in any way appertaining thereto, without
hindrance or interruption by the City or any other persons lawfully claiming by,
through, or under the City. Notwithstanding the foregoing and without waiver of
sovereign immunity as applicable to Lessor, the Lessor shall not be liable to Lessee,
or any agent, assign, or other party, for any lost revenue, lost profit, loss of
technology, service disruption, or any other incidental, punitive, indirect, special, or
consequential losses, whether under theory of contract, tort, strict liability or
otherwise to the fullest extent allowed by law.
d. This Lease shall be construed in accordance with the laws of the Commonwealth of
Virginia. In the event that either party to this Lease brings any legal action to interpret
or enforce its provisions, such action shall be subject to the exclusive jurisdiction of
the Circuit Court of the City of Fredericksburg, Virginia.
e. If any term of this Lease is held to be void or invalid, such invalidity shall not affect
the remaining terms of this Lease, which shall continue in full force and effect.
f. This Lease shall be binding upon and inure to the benefits of the Parties, their
respective successors, personal representatives, and assigns.
g. Should any provision of this Lease require interpretation or construction, it is agreed
by the Parties that the court interpreting or construing this Lease shall not apply a
presumption that the provision be more strictly construed against the party that
prepared the same, it being agreed that the Parties hereto and their respective
attorneys and agents have fully participated in the mutual drafting.
h. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original, but all of which together shall constitute a single instrument.
Signed facsimile and electronic copies of this Lease shall legally bind the parties to
the same extent as original documents.
[Signature page(s) to follow.]

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the date first written above.
Lessee:
T-Mobile Northeast LLC
a Delaware limited liability company
By:
________________________________(SEAL)
Name: _____________________
Title: ____________________________
Lessor:
The City of Fredericksburg, Virginia
A municipal corporation
By: ______________________________ (SEAL)
Name: ____________________________
Title: _____________________________
Approved as to form:
__________________________________
City Attorney

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Exhibit A
Legal Description

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Exhibit B
Access Drawing

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Exhibit C
Site Plans dated __________________

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Exhibit D
Antenna Facilities dated May 14, 2005
except as expanded by Site Plan dated on or about January 2, 2013

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Exhibit E
Memorandum of Lease
Tax Parcel Number:
Between City of Fredericksburg, Virginia (“Lessor or the City”)
and T-Mobile Northeast LLC (“Lessee”)
A Lease (the “Lease”) by and between City of Fredericksburg, Virginia, a municipal
corporation, with offices at 715 Princess Anne Street, Fredericksburg, Virginia 22401 and TMobile Northeast LLC, a Delaware limited liability company, with offices at
_________________________________, was made regarding a portion of the following
property:
See attached Exhibit “A” incorporated herein by reference
The Lease is for a term of five (5) years and will commence on the date set forth in the
Lease (the “Commencement Date”). Lessee shall have the right to extend this Lease for three (3)
additional five (5) years terms subject to the written approval of the City Manager and all other
terms of the Lease.
IN WITNESS WHEREOF, the parties hereto have respectively executed this
memorandum by their duly authorized representatives effective as of the date of the last party to
sign.
LESSOR: CITY OF FREDERICKSBURG, VIRGINIA
By:

______________________________________

Printed Name: Timothy J. Baroody
Title:

City Manager

Date: ______________________________________
LESSEE: T-MOBILE NORTHEAST LLC
By:

______________________________________

Printed Name: ________________________________
Title: _______________________________________
Date: ______________________________________

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Exhibit F
Access Protocol Notification and Coordination Provision
A minimum of 24 hours’ notice is required for access to the Premises for routine inspection or
minor maintenance.
In an emergency, reasonable notice given the circumstance should be given as soon as
practicable.
For other than emergency, work that will require the parking of more than one vehicle on Site,
the laying down of equipment, or any subsurface digging, boring, or attachment of equipment to
the water tank, work shall be coordinated at least sixty (60) days in advance with the City.
Prior to every access to the Premises in accordance with the above, Lessee or its contractor shall
notify the City’s Public Works Department at (540) 372-1023 during regular business hours of
intent to access the Site, the general purpose of the access or nature of the work intended to be
performed, and use the electronic lock system to record its entry thereto. During nonbusiness
hours, the Lessee or its contractor shall telephone the nonemergency line of the City’s Police
Department at (540) 372-1122, and inform the dispatcher of the same information. The City shall
have a right to have a representative present during any maintenance, repair, replacement, or
installation that requires access to the water tank at no cost to Lessee.
For regular and emergency notifications associated with this provision, the City’s Deputy City
Manager shall provide any notice of any changes in contact name(s) or number associated with
this provision by written notice to the party designed by Paragraph of this Lease. Similarly, the
Lessee will provide and regularly update as needed a contact for emergencies and operational
coordination if other than (888) 218-6664.

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ITEM #6B

MEMORANDUM
TO:
FROM:

Timothy J. Baroody, City Manager
Kelly Machen, Zoning Administrator
Ray Cash, Community Planning and Building Director
DATE:
September 1, 2026 (for the September 8, 2026, City Council meeting)
SUBJECT: Amendments to City Code, Chapter 72 (Unified Development Ordinance) at § 7234.9, Technology Overlay District; § 72-43.3, Standards [applicable to Temporary Use
Standards]; City Code § 72-41, Principal Use Standards; City Code § 72-42, Accessory
Use Standards; City Code § 72-53.3, Parking, and § 72-84, “Definitions”, to Update
Local Zoning Provisions with Amendments of the Code of Virginia
ISSUE
Shall City Council approve the proposed amendments to City Code, Chapter 72 of the Unified
Development Ordinance (UDO) to reflect mandated 2026 General Assembly legislation
amendments?
RECOMMENDATION
The Planning Commission recommended that City Council approve the proposed amendments.
PLANNING COMMISSION
The Planning Commission held a public hearing on the proposed amendments to the UDO on
August 12, 2026. There was one public comment on the proposed amendment with concerns
regarding the changes to the parking regulations. The Planning Commission discussed the
impacts and interpretation of: the changes to parking and the GIS map projection used to
depict parking reduction areas, enforcement and interpretation of the City regulations for data
center uses, history and regulations for temporary support structures, manufactured housing
classification and permissions, and battery storage as independent uses. Following discussion,
the Planning Commission voted 7-0 to recommend City Council approve the proposed
amendments, subject to the following:
•
•

Change “the” to “a” in the definitions associated with manufactured housing to allow
for the possibility of multiple historic districts.
Verify if the procedures manual covers the studies that can be requested for data center
projects outside of the Technology Overlay District (TOD) or otherwise determine if the
proposed amendment should also be included under Principal Uses for data centers.

The Planning Commission also encouraged Staff to further evaluate the impact of potential
changes from the new parking rules. Following the hearing, Staff updated the UDO amendment

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to include the changes noted by the Planning Commission in their recommendation and
discussion.
BACKGROUND
The 2026 Virginia General Assembly adopted multiple bills that include zoning regulations in the
Code of Virginia, § 15.2 that are effective July 1, 2026. The legislative updates covered a broad
range of subjects that will require corresponding updates to the Unified Development
Ordinance (UDO). The City Council held a work session on the proposed amendments on June
9, 2026, and initiated the text amendments on July 14, 2026. Planning Commission held their
public hearing on August 12, 2026.
The draft UDO amendments included reflect the 2026 legislative updates to manufactured
housing, wireless facilities, special exceptions for solar, battery storage, data center site
assessment, and off-street parking requirements. There are additional bills from the 2026
Virginia General Assembly that will require updates to the UDO. However, these will be brought
forward under a separate initiation request as they have later effective dates.
DISCUSSION
The following bills, which went into effect July 1, 2026, mandate zoning requirements that need
to be addressed in the City of Fredericksburg’s UDO:
HB655/SB346 – Manufactured Homes
This bill mandates that manufactured homes be treated no more restrictively than a singlefamily site-built dwelling allowed in the same district, with conditions. The conditions
require that the manufactured home be, “(i) converted to real property in accordance with
§ 46.2-653.1, (ii) constructed so that the certificate of occupancy is issued within five years
following the date of manufacture listed on the home's data plate, and (iii) placed on
individual lots.” In addition, the bill specifies that the regulations would not limit ordinances
adopted under Code of Virginia §§ 10.1-2206.1 and 15.2-2306 (ex: historic districts) The bill
also keeps the ability of a locality to designate areas where manufactured home parks (i.e.
mobile home parks) are permitted.
Manufactured homes are defined in the UDO but not included as a specific permitted use in
the Use Table. In addition, the definitions of mobile homes and modular units exclude them
from being considered as single-family dwellings. Of the three use types, only mobile homes
are clearly permitted, though only within the Residential-Mobile-Home (R-MH) Zoning
District. The last remaining R-MH parcel was rezoned to Commercial-Highway with the
Cowan Station project.
The language in the UDO effectively limits the construction of mobile, modular, and
manufactured homes due to the differences in the definitions, which conflict with the new
manufactured home rules adopted by the state. The difference between the uses can be
described as follows:
• Manufactured homes are also sometimes called mobile homes.

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•
•

Mobile homes constructed prior to June 15, 1976, are not considered manufactured
homes because they were not constructed under federal HUD code.
Modular homes are constructed/inspected off-site (like a manufactured home) but
must have a permanent foundation and meet the Virginia Uniform Statewide
Building Code (and International Residential Code (IRC) where referenced).

The proposed text amendment would update the definitions for manufactured housing,
modular unit, and dwelling, and additionally remove the definition for mobile home, to
reference and remove any conflicts with the applicable provisions of the Code of Virginia
updated by the bill (§ 15.2-2290). Manufactured and modular homes would then be
permitted as single-family dwellings, where they meet the Code of Virginia’s regulations for
manufactured homes.
HB876 – Temporary Support Structures
This bill requires localities to include zoning provisions for temporary support structures
associated with wireless facilities. Without the UDO amendment, no building or zoning
permits can be required, and the use would be deemed granted. The bill includes a
definition for temporary support structures and criteria for the use that are incorporated
into the proposed UDO amendment.
• Definition: "Temporary support structure" means a monopole or portable wireless
communications facility used to provide wireless voice, data, or image transmission
within a designated area. A temporary support structure does not have a permanent
location on the ground, including the pouring of a concrete footing or the laying of a
permanent foundation.”
•

Criteria:
o Temporary support structures 80 feet or less in height and erected for less
than 30 days would not require a building permit (a zoning permit would be
required).
o Temporary support structures taller than 80 feet or erected for 30 days or
more would require a building permit.
o Applications would need to demonstrate the need for the use, per the
criteria set forth in the bill (and UDO amendment).
o The use would be limited to 180 days, with a possible extension of up to 2
years if submitted in writing and deemed reasonably necessary.
o Structures not removed within 48 hours at the end of the approval period
would be removed at the cost of the owner.

With the UDO amendment, a temporary use permit from zoning would be required for any
temporary support structure. A building permit for the structure would also be required
when applicable under the building code.

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HB711/SB347 – Solar Special Exceptions
This bill provides that unless permitted by right, ground-mounted solar energy generation
facilities are to be considered pursuant to local ordinance requirements such as setbacks,
fencing, height, visual impacts, grading, and decommissioning. In addition, the bill requires a
special exception or a siting agreement for any solar photovoltaic project, unless otherwise
permitted by right. Localities will also need to notify the State Corporation Commission of
any special exception decisions for solar energy equipment/facilities.
The UDO is not currently in direct conflict with the bill. However, the proposed UDO
amendment would add a reference in the principal use standards/accessory use standards
to the relevant section in the Code of Virginia for clarity.
HB891/SB443 – Battery Storage
This bill deems that energy storage projects shall be permitted accessory uses on any parcel
of land subject to a Special Exception for a solar photovoltaic generation facility. The
proposed UDO amendment would include battery storage as an accessory use, permitted
within any zoning district that also permits solar as a principal use, subject to the conditions
in the bill:
•

“A battery energy storage project shall be deemed as a permitted accessory use in all
zoning districts on any parcel of land that is subject to an approved special exception
for a solar facility if the battery energy storage project is located within the
boundaries of the parcel covered by the existing special exception and has a rated
storage capacity that does not exceed 100 percent of the nameplate generating
capacity of the associated solar energy facility.”

HB153/SB94 – Data Center Site Assessments
This bill provides that applicants must perform/submit a site assessment sound profile prior
to approval of any Rezoning, Special Exception, or Special Use Permit for a high energy use
facility (ex: data center). The bill also allows a locality to require that site assessments
examine the effect of the proposed facility on (i) ground and surface water resources, (ii)
agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the data
center site or immediately contiguous land.
The UDO amendment would incorporate the bill language into the TOD and Principal Use
Standards for data center uses to be consistent with state code in the event a data center
use requests a rezoning, special use permit, or special exception. A definition of High Energy
Use Facility would also be included in the amendment.
HB3888 – Off-street Parking Requirements
This bill mandates specific maximum off-street parking requirements for residential,
multifamily, or mixed-use residential development located within 0.5 miles of a designated
area (certain transit facilities). The bill also requires localities with a population greater than
20,000 to provide by ordinance a 20% administrative reduction in off-street parking

Page 5 of 14

requirements for residential, multifamily, or mixed-use residential development located
outside of the 0.5-mile designated areas.

Within the City of Fredericksburg, the designated areas surround the Fredericksburg
Commuter Rail Station and FXBGO! Central (Lawrence A. Davies Transit Center). Any
property located within 0.5 miles of these two locations is subject to the off-street parking
maximums specified in the bill. Parcels in the two zones represent 10 different zoning
districts with a wide variety of redevelopment paths. A review of recent site plan approvals
demonstrated that no new residential projects have requested a reduction in required
parking.
The bill sets the maximum off-street parking a zoning ordinance can require to:
• One-half of one parking space per dwelling unit for multifamily or mixed-use
residential development; and
• One parking space per dwelling unit for one-family and two-family dwellings and
townhouses.

Page 6 of 14

The current UDO requirements for residential parking are found in Table 72-53.1C(2),
below. The reduction in parking from the current standard ranges from 0.5 of a space to
1.25 spaces, depending on the use.

The proposed UDO amendment would incorporate the reduced parking standards within
the designated area into off-street parking standards, referencing the map provided above.
The 20% administrative reduction would be referenced in the alternative parking plans
section. The alternative parking plans section meets the bill’s requirement to include,
“criteria to determine eligibility for, and prescribe procedures for the submission and review
of, the administrative reduction”. The alternative parking plans section of the UDO currently
provides for an administrative process to request a reduction in parking requirements, by
an unspecified amount, if the request meets the following criteria:
•
•

Demonstrate there is a reasonable probability the number of parking spaces needed
to serve the development is less than the minimum required.
Include relevant and appropriate data and information, including location, nature, or
mix of uses, the location and number of parking spaces that will be provided, and a
parking demand study prepared by a professional who is licensed to prepare such a
study.
o The study shall provide data and supporting analysis demonstrating the
feasibility of the proposed shared parking facilities.
o The parking demand study shall include information on the size and type of
the proposed development(s), composition of tenants, anticipated rate of
parking turnover, and anticipated peak parking and traffic loads for all uses
that will be sharing off-street parking spaces.

Page 7 of 14

•

Applicants may submit other relevant and appropriate data to support the
requested alternative parking plan.

With the UDO amendment, residential, multifamily, or mixed-use residential projects within
the designated area would automatically calculate the required off-street parking per the
prescribed reduction. Outside of the designated area, residential, multifamily, or mixed-use
residential projects can request a reduction with an alternative parking plan. The
amendment would not remove the ability of any parcel to utilize current UDO provisions for
parking exemptions or shared parking factors. However, these provisions would not be
cumulative as the alternative parking plan option allows for any amount of reduction, given
the request meets the required criteria.
PROPOSED ORDINANCE
The following draft amendments to the UDO reflect the changes made to the Code of Virginia, §
15.2, by the 2026 Virginia General Assembly that went into effect July 1, 2026.
City Code § 72-34.9, “Technology Overlay District”
B. Applicability.
(1) In general. Campuses in the TOD shall encompass a minimum of 150 contiguous acres in
which efficiencies of scale and cluster siting may be realized. Additionally, campuses in
the TOD shall be located in areas suitable for industrial development of adequate
existing or new infrastructure.
(2) A “campus” is defined as an inter-connected network of physical facilities and cohesive
perimeter buffers located within a contiguous geographic area governed by a
masterplan whether in single or multiple ownership.
(3) Establishment of the TOD district. Land shall be added to the TOD in accordance with
the procedure in § 72-23, Map amendments, and this section. In addition to the
foregoing, a rezoning, special exception, or special use permit application shall, prior to
a public hearing held by the planning commission, require that the applicant perform
and submit a site assessment including a sound profile (consistent with technical criteria
of § 72-34.9(D)(7)) of any proposed high energy use facility (HEUF) on residential units
and schools located within five hundred feet of the property boundary of the parcel(s)
proposed to be designated within the TOD. Such application shall also include any new
or existing substations that will be used to serve the HEUF and the anticipated
transmission voltage required to serve the HEUF. In addition, the application shall
include a site assessment examining the effect of a proposed HEUF on ground and
surface water resources, agricultural resources, parks, registered historic sites, and
forestland on the HEUF site and any immediately contiguous land.
(4) Interpretation. The TOD shall overlay the existing zoning district and shall impose
additional or modified restrictions on the use of the property. The regulations and
requirements of the underlying zoning district and the TOD shall both apply; provided,
however, that when the provisions of this section expressly conflict with the provision of
an underlying zoning district or other provision of the UDO, the TOD regulations shall

Page 8 of 14

supersede, apply, and govern. To the extent not in express conflict, the provisions of the
UDO shall be read in harmony.
...
D. Development standards. . .
(7) Noise studies. A series of noise propagation studies shall be conducted and submitted to
the City as outlined herein.
(a) The sound study shall be specific to the proposed site layout and building type,
scale, and height shown on the site plan and shall evaluate (i) the noise conditions at
the site prior to project development at set locations as determined by the City to
include at a minimum residential units and schools located within five hundred feet
of the property boundary of any parcel(s) proposed as an HEUF site or data center
campus; and (ii) provide model-predicted noise conditions resulting from the
proposed project post-development.
(b) The sound study shall be prepared by a professional engineer duly licensed in the
Commonwealth in accordance with ISO 9613 standards and submitted to the City
prior to issuance of final site plan approval.
(c) The sound study shall include recommendations for mitigation measures, and which
mitigation measures, if applicable, should be incorporated into conditions of
issuance of site plan approval. If mitigation measures are building-related, said
mitigation measures shall be included in the building plans prior to issuance of
building permit(s). In the event the sound study details compliance with
Subsection D(6), then no further mitigation measures will be required of the plans.
(d) Post-development noise conditions at the campus boundary and at any habitable
location within property within or adjacent to the TOD will be evaluated and
compared to all local code requirements within 60 days after the issuance of the/a
occupancy permit for each phase and/or campus facility, and annually thereafter for
a period of 10 years. Said evaluations shall be conducted by the campus operator at
a time(s) generally known for peak data center cooling operations (annually
between the months of June and August). In the event that the reports and/or
evaluation or complaint-based testing at any habitable location within a receiving
property shows that the use emanates sound which exceeds the maximum
allowable decibel levels, then the operator shall immediately undertake all
necessary efforts to mitigate any violation and in the event it refuses or fails to cure
said violation, the City may exercise all legal recourse to obtain compliance.
City Code § 72-41, “Principal Use Standards”
I. Solar array.
(1) Solar arrays shall be configured to avoid glare and heat transference to adjacent lands.
(2) Any special exception sought for solar arrays shall comply with the criteria provided in
the Code of Virginia § 15.2-2288.8.

Page 9 of 14

E. Data Center. . .
(5) Any rezoning, special exception, or special use permit application shall, prior to a public
hearing held by the planning commission, require that the applicant:
(i) Perform and submit a site assessment including a sound profile (consistent with
technical criteria of § 72-34.9(D)(7)) of any proposed high energy use facility (HEUF)
on residential units and schools located within five hundred feet of the property
boundary.
(ii) Include any new or existing substations that will be used to serve the HEUF and the
anticipated transmission voltage required to serve the HEUF.
(iii) Include a site assessment examining the effect of a proposed HEUF on ground and
surface water resources, agricultural resources, parks, registered historic sites, and
forestland on the HEUF site and any immediately contiguous land.
City Code § 72-42, “Accessory Use Standards”
Table 72-42.5: Table of Common Accessory Uses
Blank Cell = Prohibited

R-8

R-12

R-16

R-30

C-T

C-D

C-SC

C-H

I-1

I-2

PD-R

PD-C

PD-MU

PD-MC

CM T-4M

CM T-5M

Zoning District

R-4

Battery
Storage

S = Special Use Permit Required

R-2

Accessory Use

P = Allowed by Right

•

•

•

•

•

P

P

P

P

P

P

P

P

P

P

P

P

P

City Code § 72-42.6, “Specific standards for certain accessory uses”
J. Solar energy equipment. Solar energy equipment shall comply with the following
standards:
(1) The system may be located on the roof of a principal or accessory structure, on the side
of such structures, on a pole, or on the ground, subject to the dimensional standards in
the district where located (see Article 72-3, Zoning Districts).
(2) The system shall comply with the maximum height standards for the zoning district in
which is located, provided that a roof-mounted system shall not extend more than 15
feet above the roofline of the structure on which it is mounted.
(3) Where an existing structure exceeds the applicable height limit, a solar energy collection
system may be located on its roof irrespective of applicable height standards, provided
the system extends no more than five feet above the roof surface.
(4) The area of the system shall not exceed one-half the footprint of the principal structure
or 600 square feet, whichever is greater.
(5) The property owner shall be responsible for negotiating with other property owners in
the vicinity to establish any solar easement designed to protect solar access for the solar
energy collection system.

Page 10 of 14

(6) Any special exception sought for accessory uses exceeding the above shall comply with
the criteria provided in the Code of Virginia § 15.2-2288.8.
...
L. Battery Energy Storage
(1) Battery Energy Storage project shall be a permitted accessory use to approved solar
projects where in compliance with the Code of Virginia § 15.2-2316.9 and 15.2-2316.10.
City Code § 72-43.3, “Standards” [Temporary Use Standards]
H. Temporary support structures for monopole or portable wireless communications facility
(1) A zoning permit may be issued for a period not to exceed 180 consecutive days,
provided that notwithstanding the foregoing, an extension may be granted beyond the
initial approval period if
(a) the request is made in writing prior to expiration of the initial approval period or
current extended approval period,
(b) the extensions are reasonably necessary to resolve or accommodate the reasons for
the initial approval, and
(c) the total time approved for extensions, including an initial period of up to 180 days,
does not exceed two years.
(2) The applicant shall demonstrate that the temporary support structure(s) is necessary for
one of the following reasons:
(a) Administering limited frequency and modulation testing to evaluate
system performance and the need for additional wireless facility sites,
(b) supplementing communications coverage when a previously permitted
wireless facility has been involuntarily non-operational through an accident or
natural disaster,
(c) A substantial increase in the communications needs of the City due to an emergency
declared by the City, state, or federal government, or
(d) A substantial increase in the communications needs of the businesses, residents, or
visitors of the locality for a limited period of time due to a special event held within
the City.
(3) A building permit shall not be required if the temporary support structure is 80 feet or
less in height, on wheels, and erected for less than thirty days.
(4) Any temporary support structure shall be removed at the cost of the owner and the site
restored to its previous condition within 48 hours of an approved permit.
City Code § 72-53.1C, “Off-street parking requirements”
(3) Lesser parking minimums for proposed residential, multifamily, or mixed-use residential
development, as consistent with state law, shall apply within 0.5 miles to mass transit or
public transportation as provided by Code of Virginia § 15.2-2209.4, and consistent with
map maintained by the Department of Community Planning and Building.
(a) One-half of one parking space per dwelling unit for multifamily or mixed-use
residential development; and

Page 11 of 14

(b) One parking space per dwelling unit for one-family (single-family detached) and twofamily dwellings (duplex) and townhouses (single-family attached).
(c) When parking is reduced in accordance with the Code of Virginia § 15.2-2209.4,
shared parking factors, or other parking reductions or exemptions shall not be
applied.

(4) (3) Spaces meeting only the dimensional requirements for compact cars may be credited
for compliance with up to 10% of the minimum number of parking space standards in
this table. Spaces meeting only the dimensional requirements for motorcycles may be
credited for compliance with up to 5% of the minimum number of parking space
standards in this table.
(5) (4) The Shared Parking Factor Table shall be applied to the number of parking spaces
required by Table 72-53.1C(2) when at least two or more functions are present in a
development in the C-D, CM, or Planned Development Zoning Districts or where formbased code standards are applied.
...
(a) A shared parking factor for two functions in a development is divided into the sum of
the parking required for the two uses to produce the effective parking required.
(b) The lowest factor shall be used when there are three or more functions.

Page 12 of 14

(c) Uses in the institutional and commercial use classifications in Table 72-53.1C(2), but
not shown as functions in the Shared Parking Factor Table, shall be considered as a retail
function.
(d) A shared parking factor shall not be applied when any one of the four functions
constitutes more than 75% of square footage of a development.
(e) A shared parking factor shall not be applied when parking spaces are assigned to
specific dwelling units or nonresidential uses., or when parking requirements are
otherwise reduced or exempted.
(6) (5) Uses with variable parking demand characteristics . . .
(7) (6) Maximum number of spaces permitted . . .
(8) (7) Stacking spaces . . .
City Code § 72-53.3, “Alternative parking plans”
C. Parking reductions. The Zoning Administrator may approve an alternative parking plan to
reduce the number of parking spaces required in Table 72-53.1C(2), Minimum Off-Street
Parking Standards, and the Shared Parking Factor Table. Reduced parking minimums
consistent with Code of Virginia § 15.2-2209.4, may be requested outside the designated
areas identified by the map maintained by the Department of Community Planning and
Building under Section 72-53.1C(3). The applicant shall demonstrate there is a reasonable
probability the number of parking spaces actually needed to serve the development is less
than the minimum required by Table 72-53.1C(2), Minimum Off-Street Parking Standards,
and the Shared Parking Factor Table. The application shall include relevant and appropriate
data and information, including location, nature, or mix of uses, the location and number of
parking spaces that will be provided, and a parking demand study prepared by a
professional who is licensed to prepare such a study. The study shall provide data and
supporting analysis demonstrating the feasibility of the proposed shared parking facilities.
The parking demand study shall include information on the size and type of the proposed
development(s), composition of tenants, anticipated rate of parking turnover, and
anticipated peak parking and traffic loads for all uses that will be sharing off-street parking
spaces. The applicant may submit other relevant and appropriate data supporting the
request.
City Code § 72-84, “Definitions”
DWELLING
A building or portion thereof, but not a mobile home , designed or used for residential
occupancy. The term shall not be construed to mean a motel, rooming house, hospital, or
other accommodation used for transient occupancy. , or a manufactured home unless
consistent with the requirements of the Code of Virginia § 15.2-2247(B) and located outside
of the HFD.
DWELLING, MOBILE HOME
A. A single-family residential unit:

Page 13 of 14

(1) Designed for long-term occupancy and containing sleeping accommodations, a flush
toilet, a tub or shower, and bath and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems;
(2) Designed to be transported after fabrication on its own wheels or on a flatbed or
other trailer or with detachable wheels;
(3) Arriving at the site where it is to be occupied as a complete dwelling, conventionally
designed to include major appliances, and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on foundation supports,
connection to utilities, and the like, and
(4) Designed for removal to and installation or erection on other sites.
B. A mobile home dwelling may include one or more units, separately towable, which,
when joined together, have the characteristics described in this definition. The term
shall not include a single-family detached dwelling.
DWELLING, MODULAR UNIT
A factory-fabricated, transportable building designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure whose completion
will be in a fixed location on a permanent foundation. The term is intended to apply to
major assemblies and does not include prefabricated panels, trusses, plumbing trees, and
other prefabricated sub-elements incorporated into a structure at the site. The term shall
not include a single-family dwelling or manufactured home, or a mobile home dwelling,
except when a dwelling meets the requirements of the Code of Virginia § 15.2-2290) and is
located in zones outside of a historic district.
HIGH ENERGY USE FACILITY
A facility that an applicant for a rezoning application, special exception, or special use
permit reasonably anticipates at the time of filing the appropriate permit for legislative
approval will require 100 megawatts or more or electrical power from an electric utility
providing retail service to the facility. A Data Center may also be a High Energy Use Facility.
MANUFACTURED HOUSING
A factory-fabricated, transportable building designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure whose completion
will be in a fixed location on a permanent foundation. The term is intended to apply to
major assemblies and does not include prefabricated panels, trusses, plumbing trees, and
other prefabricated sub-elements incorporated into a structure at the site. The term shall
not include a single-family dwelling, except when a dwelling meets the requirements of the
Code of Virginia § 15.2-2290 and is located in zones outside of a historic district.
Manufactured housing may also be known as or a mobile home dwelling.
TEMPORARY SUPPORT STRUCTURES
A monopole or portable wireless communications facility used to provide wireless voice,
data, or image transmission within a designated area. A temporary support structure does

Page 14 of 14

not have a permanent location on the ground, including the pouring of a concrete footing or
the laying of a permanent foundation.
FISCAL IMPACT
Adopting the ordinance will result in a need for temporary support structures to obtain a
building permit or zoning permit as applicable. Building permit costs will vary depending on the
scope of work. Temporary Use Permits from zoning are $55.
CONCLUSION
The proposed amendments modify components of the UDO in response to bills passed by the
Virginia General Assembly in 2026. The recommendation from Planning Commission is for the
City Council approve the requested UDO amendments.
ATTACHMENTS
• Draft Ordinance
• Adopted Bills: HB153/SB94; HB655/SB346, HB711/SB347; HB876; HB888; HB891/SB443

MOTION:

DRAFT
Regular Meeting
Ordinance No. 26-__

SECOND:

RE:

Amending Fredericksburg City Code, Chapter 72 (Unified Development
Ordinance) at § 72-34.9, Technology Overlay District; § 72-43.3 (Standards)
[applicable to Temporary Use Standards]; § 72-41 (Principal Use Standards); §
72-42 (Accessory Use Standards); § 72-53.3 (Parking); and § 72-84 (Definitions)
to Update Local Zoning Provisions Consistent with Amendments of the Code of
Virginia

ACTION:

___: Ayes: 0; Nays: 0

FIRST READ:
Sec. I.

SECOND READ:
Introduction.

In 2026, the Virginia General Assembly passed a high volume of legislation related to zoning and
housing which require updates to the Unified Development Ordinance. The consolidated
revisions herein are largely technical or mandatory amendments that do not present much room
for variation.
Sec. II. City Code amendment.
It is hereby ordained by the Fredericksburg City Council that
1. City Code § 72-34.9(B) and (D), “Technology Overlay District,” be amended as indicated
to require site selection studies consistent with state law in the event the TOD is expanded
or applied to other than its current applicability.
B. Applicability.
(1) In general. Campuses in the TOD shall encompass a minimum of 150 contiguous acres in
which efficiencies of scale and cluster siting may be realized. Additionally, campuses in
the TOD shall be located in areas suitable for industrial development of adequate existing
or new infrastructure.
(2) A “campus” is defined as an inter-connected network of physical facilities and cohesive
perimeter buffers located within a contiguous geographic area governed by a masterplan
whether in single or multiple ownership.

Date
Ordinance 26-__
Page 2

(3) Establishment of the TOD district. Land shall be added to the TOD in accordance with the
procedure in § 72-23, Map amendments, and this section. In addition to the foregoing, a
rezoning, special exception, or special use permit application shall, prior to a public
hearing held by the planning commission, require that the applicant perform and submit
a site assessment including a sound profile (consistent with technical criteria of § 7234.9(D)(7)) of any proposed high energy use facility (HEUF) on residential units and
schools located within five hundred feet of the property boundary of the parcel(s)
proposed to be designated within the TOD. Such application shall also include any new or
existing substations that will be used to serve the HEUF and the anticipated transmission
voltage required to serve the HEUF. In addition, the application shall include a site
assessment examining the effect of a proposed HEUF on ground and surface water
resources, agricultural resources, parks, registered historic sites, and forestland on the
HEUF site and any immediately contiguous land.
(4) Interpretation. The TOD shall overlay the existing zoning district and shall impose
additional or modified restrictions on the use of the property. The regulations and
requirements of the underlying zoning district and the TOD shall both apply; provided,
however, that when the provisions of this section expressly conflict with the provision of
an underlying zoning district or other provision of the UDO, the TOD regulations shall
supersede, apply, and govern. To the extent not in express conflict, the provisions of the
UDO shall be read in harmony.
...
D. Development standards. . .
(7) Noise studies. A series of noise propagation studies shall be conducted and submitted to
the City as outlined herein.
(a) The sound study shall be specific to the proposed site layout and building type, scale,
and height shown on the site plan and shall evaluate (i) the noise conditions at the
site prior to project development at set locations as determined by the City to include
at a minimum residential units and schools located within five hundred feet of the
property boundary of any parcel(s) proposed as an HEUF site or data center campus;
and (ii) provide model-predicted noise conditions resulting from the proposed project
post-development.
(b) The sound study shall be prepared by a professional engineer duly licensed in the
Commonwealth in accordance with ISO 9613 standards and submitted to the City
prior to issuance of final site plan approval.
(c) The sound study shall include recommendations for mitigation measures, and which
mitigation measures, if applicable, should be incorporated into conditions of issuance
of site plan approval. If mitigation measures are building-related, said mitigation
measures shall be included in the building plans prior to issuance of building permit(s).

Date
Ordinance 26-__
Page 3

...

In the event the sound study details compliance with Subsection D(6), then no further
mitigation measures will be required of the plans.
(d) Post-development noise conditions at the campus boundary and at any habitable
location within property within or adjacent to the TOD will be evaluated and
compared to all local code requirements within 60 days after the issuance of the/a
occupancy permit for each phase and/or campus facility, and annually thereafter for
a period of 10 years. Said evaluations shall be conducted by the campus operator at a
time(s) generally known for peak data center cooling operations (annually between
the months of June and August). In the event that the reports and/or evaluation or
complaint-based testing at any habitable location within a receiving property shows
that the use emanates sound which exceeds the maximum allowable decibel levels,
then the operator shall immediately undertake all necessary efforts to mitigate any
violation and in the event it refuses or fails to cure said violation, the City may exercise
all legal recourse to obtain compliance.

2. City Code § 72-41, “Principal Use Standards”, applicable to Data Center and Solar array,
be amended by the addition of the following as shown in underlined text consistent with
state law:
E. Data Center.
(1) Differentiated surfaces.
(a) Any building facade visible from adjacent properties or public streets shall incorporate
differentiation that breaks the mass of the facade every 100 horizontal linear feet and
no less frequent than three times the average height of the building by changes in at
least two of the following design elements: building height, facade step-back or
recesses (minimum two-and-one-half foot depth), fenestration, facade materials,
pattern, texture, color, or use of accent materials. All visible facades of a building must
be consistent in terms of design, materials, details, and treatment.
(b) Windows, doors, or similar fenestration design features such as faux windows must
be distributed horizontally and vertically across the facade and comprise a minimum
of 15% of each visible building facade. A green-wall treatment may be provided to
meet up to half of the required 15% area.
(c) The following elements shall be included in the building design:
(i) A main entrance feature that is differentiated from the remainder of the facade;
(ii) High albedo or light-colored roof;
(iii) Enclosures for on-site generators; and
(iv) Shrouds for any exhaust stacks.
(2) Building facade material requirements.

Date
Ordinance 26-__
Page 4

(a) Primary facade materials shall be limited to one or more of the following: tinted
textured masonry block, pre-cast concrete, tilt-up concrete panels, brick or stone
veneer, glass (clear or architectural panels), stucco and external insulation finish
system that simulates a stucco appearance, metal panel systems, structural metal
siding, or smooth-faced concrete blocks. All metal panels shall be fully engineered,
architectural quality systems.
(b) Accent or trim building materials may include any of the primary facade materials,
wood, fiber cement, vinyl, or composite trim.
(3) Screening of accessory equipment. To minimize visibility from adjacent public streets and
properties outside of common ownership or operated as a campus as defined by Section
72-34.9, Subsection B, ground-level and rooftop accessory equipment shall be screened.
Screening may be provided by a principal building or Type D perimeter buffer that will
remain on site or is within a vegetated buffer (with an easement) on an adjacent property.
Accessory equipment not screened by a principal building or perimeter buffer shall be
screened by a visually solid fence, screen wall or panel, parapet wall, or other visually
solid screen that shall be constructed of materials compatible with those used in the
exterior construction of the principal building. Notwithstanding the requirements of this
subpart, accessory equipment in size or scale comparable with adjacent commercial,
residential, or mixed use property at the time of the site plan approval, shall not be
required to be screened. Further, this Subsection D(3) shall not apply to electric
substations, transmission, and distribution facilities.
(4) A water-based cooling system associated with a data center shall be evaluated to
determine whether existing public water and sanitary sewer conveyance and treatment
facilities are adequate for the proposed use; and whether there is sufficient water
capacity available to supply the proposed use.
(5) Any rezoning, special exception, or special use permit application shall, prior to a public
hearing held by the planning commission, require that the applicant:
(i) Perform and submit a site assessment including a sound profile (consistent with
technical criteria of § 72-34.9(D)(7)) of any proposed high energy use facility (HEUF)
on residential units and schools located within five hundred feet of the property
boundary.
(ii) Include any new or existing substations that will be used to serve the HEUF and the
anticipated transmission voltage required to serve the HEUF.
(iii) Include a site assessment examining the effect of a proposed HEUF on ground and
surface water resources, agricultural resources, parks, registered historic sites, and
forestland on the HEUF site and any immediately contiguous land.
I. Solar array.
(1) Solar arrays shall be configured to avoid glare and heat transference to adjacent lands.
(2) Any special exception sought for solar arrays shall comply with the criteria provided in the
Code of Virginia § 15.2-2288.8.

Date
Ordinance 26-__
Page 5

3. City Code § 72-42, “Accessory Use Standards”, applicable to solar special exceptions and
batter storage for solar energy equipment, be amended by the addition of the following
as shown in underlined text consistent with state law:
Table 72-42.5: Table of Common Accessory Uses
S = Special Use
Permit Required

Blank Cell = Prohibited

R-8

R-12

R-16

R-30

C-T

C-D

C-SC

C-H

I-1

I-2

PD-R

PD-C

PD-MU

PD-MC

CM T-4M

CM T-5M

Battery
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Storage

R-4

Zoning District

R-2

Accessory Use

P = Allowed by Right

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P

P

P

P

P

P

P

P

P

P

P

P

P

§ 72-42.6 Specific standards for certain accessory uses.
...
J. Solar energy equipment. Solar energy equipment shall comply with the following standards:
(1) The system may be located on the roof of a principal or accessory structure, on the side
of such structures, on a pole, or on the ground, subject to the dimensional standards in
the district where located (see Article 72-3, Zoning Districts).
(2) The system shall comply with the maximum height standards for the zoning district in
which is located, provided that a roof-mounted system shall not extend more than 15 feet
above the roofline of the structure on which it is mounted.
(3) Where an existing structure exceeds the applicable height limit, a solar energy collection
system may be located on its roof irrespective of applicable height standards, provided
the system extends no more than five feet above the roof surface.
(4) The area of the system shall not exceed one-half the footprint of the principal structure
or 600 square feet, whichever is greater.
(5) The property owner shall be responsible for negotiating with other property owners in
the vicinity to establish any solar easement designed to protect solar access for the solar
energy collection system.
(6) Any special exception sought for accessory uses exceeding the above shall comply with
the criteria provided in the Code of Virginia § 72-2288.8.
...

Date
Ordinance 26-__
Page 6

L. Battery Energy Storage
(1) Battery Energy Storage project shall be a permitted accessory use to approved solar
projects where in compliance with the Code of Virginia § 15.2-2316.9 and 15.2-2316.10.
4. City Code § 72-43.3, “Standards”, applicable to Temporary Use Standards, be amended
by the addition of the following to permit applications for temporary wireless facilities in
certain circumstances consistent with state law:
H. Temporary support structures for monopole or portable wireless communications facility
(1) A zoning permit may be issued for a period not to exceed 180 consecutive days, provided
that notwithstanding the foregoing, an extension may be granted beyond the initial
approval period if
(a) the request is made in writing prior to expiration of the initial approval period or
current extended approval period,
(b) the extensions are reasonably necessary to resolve or accommodate the reasons for
the initial approval, and
(c) the total time approved for extensions, including an initial period of up to 180 days
does not exceed two years.
(2) The applicant shall demonstrate that the temporary support structure(s) is necessary for
one of the following reasons:
(a) Administering limited frequency and modulation testing to evaluate
system performance and the need for additional wireless facility sites,
(b) supplementing communications coverage when a previously permitted
wireless facility has been involuntarily non-operational through an accident or natural
disaster,
(c) A substantial increase in the communications needs of the City due to an emergency
declared by the City, state, or federal government, or
(d) A substantial increase in the communications needs of the businesses, residents, or
visitors of the locality for a limited period of time due to a special event held within
the City.
(3) A building permit shall not be required if the temporary support structure is 80 feet or less
in height, on wheels, and erected for less than thirty days.
(4) Any temporary support structure shall be removed at the cost of the owner and the site
restored to its previous condition within 48 hours of an approved permit.
5. City Code § 72-53.1C,“Off-street parking requirements”, applicable projects in the vicinity
of the VRE station, be amended by the addition of the following as shown in underlined
text consistent with state law:
(3) Lesser parking minimums for proposed residential, multifamily, or mixed-use residential
development, as consistent with state law, shall apply within 0.5 miles to mass transit or

Date
Ordinance 26-__
Page 7

public transportation as provided by Code of Virginia § 15.2-2209.4, and consistent with
map maintained by the Department of Community Planning and Building.
(a) One-half of one parking space per dwelling unit for multifamily or mixed-use
residential development; and
(b) One parking space per dwelling unit for one-family (single-family detached) and twofamily dwellings (duplex) and townhouses (single-family attached).
(c) When parking is reduced in accordance with the Code of Virginia § 15.2-2209.4,
shared parking factors, or other parking reductions or exemptions shall not be
applied.

(4) (3) Spaces meeting only the dimensional requirements for compact cars may be credited
for compliance with up to 10% of the minimum number of parking space standards in this
table. Spaces meeting only the dimensional requirements for motorcycles may be
credited for compliance with up to 5% of the minimum number of parking space
standards in this table.
(5) (4) The Shared Parking Factor Table shall be applied to the number of parking spaces
required by Table 72-53.1C(2) when at least two or more functions are present in a

Date
Ordinance 26-__
Page 8

development in the C-D, CM, or Planned Development Zoning Districts or where formbased code standards are applied.
...
(a) A shared parking factor for two functions in a development is divided into the sum of
the parking required for the two uses to produce the effective parking required.
(b) The lowest factor shall be used when there are three or more functions.
(c) Uses in the institutional and commercial use classifications in Table 72-53.1C(2), but
not shown as functions in the Shared Parking Factor Table, shall be considered as a
retail function.
(d) A shared parking factor shall not be applied when any one of the four functions
constitutes more than 75% of square footage of a development.
(e) A shared parking factor shall not be applied when parking spaces are assigned to
specific dwelling units or nonresidential uses., or when parking requirements are
otherwise reduced or exempted.
(6) (5) Uses with variable parking demand characteristics . . .
(7) (6) Maximum number of spaces permitted . . .
(8) (7) Stacking spaces . . .
6. City Code § 72-53.3,“Alternative parking plans”, applicable projects in the vicinity of the
VRE station, be amended by the addition of the following as shown in underlined text
consistent with state law:
C. Parking reductions. The Zoning Administrator may approve an alternative parking plan to
reduce the number of parking spaces required in Table 72-53.1C(2), Minimum Off-Street
Parking Standards, and the Shared Parking Factor Table. Reduced parking minimums
consistent with Code of Virginia § 15.2-2209.4, may be requested outside the designated
areas identified by the map maintained by the Department of Community Planning and
Building under Section 72-53.1C(3). The applicant shall demonstrate there is a reasonable
probability the number of parking spaces actually needed to serve the development is less
than the minimum required by Table 72-53.1C(2), Minimum Off-Street Parking Standards,
and the Shared Parking Factor Table. The application shall include relevant and appropriate
data and information, including location, nature, or mix of uses, the location and number of
parking spaces that will be provided, and a parking demand study prepared by a professional
who is licensed to prepare such a study. The study shall provide data and supporting analysis
demonstrating the feasibility of the proposed shared parking facilities. The parking demand

Date
Ordinance 26-__
Page 9

study shall include information on the size and type of the proposed development(s),
composition of tenants, anticipated rate of parking turnover, and anticipated peak parking
and traffic loads for all uses that will be sharing off-street parking spaces. The applicant may
submit other relevant and appropriate data supporting the request.
...
7. Various provisions of City Code § 72-84.0, “Definitions,” are amended by the addition of
the following definitions to be inserted or deleted in alphabetical order within the full list
of existing definitions:
DWELLING
A building or portion thereof, but not a mobile home , designed or used for residential
occupancy. The term shall not be construed to mean a motel, rooming house, hospital, or
other accommodation used for transient occupancy. , or a manufactured home unless
consistent with the requirements of the Code of Virginia § 15.2-2290 and located outside of
a historic district.
DWELLING, MOBILE HOME
A. A single-family residential unit:
(1) Designed for long-term occupancy and containing sleeping accommodations, a flush
toilet, a tub or shower, and bath and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems;
(2) Designed to be transported after fabrication on its own wheels or on a flatbed or other
trailer or with detachable wheels;
(3) Arriving at the site where it is to be occupied as a complete dwelling, conventionally
designed to include major appliances, and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on foundation supports,
connection to utilities, and the like, and
(4) Designed for removal to and installation or erection on other sites.
B. A mobile home dwelling may include one or more units, separately towable, which, when
joined together, have the characteristics described in this definition. The term shall not
include a single-family detached dwelling.
DWELLING, MODULAR UNIT
A factory-fabricated, transportable building designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure whose completion
will be in a fixed location on a permanent foundation. The term is intended to apply to major
assemblies and does not include prefabricated panels, trusses, plumbing trees, and other
prefabricated sub-elements incorporated into a structure at the site. The term shall not

Date
Ordinance 26-__
Page 10

include a single-family dwelling or manufactured home, or a mobile home dwelling, except
when a dwelling meets the requirements of the Code of Virginia § 15.2-2290 and is located
in zones outside of a historic district.
HIGH ENERGY USE FACILITY
A facility that an applicant for a rezoning application, special exception, or special use permit
reasonably anticipates at the time of filing the appropriate permit for legislative approval will
require 100 megawatts or more or electrical power from an electric utility providing retail
service to the facility.
MANUFACTURED HOUSING
A factory-fabricated, transportable building designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure whose completion
will be in a fixed location on a permanent foundation. The term is intended to apply to major
assemblies and does not include prefabricated panels, trusses, plumbing trees, and other
prefabricated sub-elements incorporated into a structure at the site. The term shall not
include a single-family dwelling, except when a dwelling meets the requirements of the Code
of Virginia § 15.2-2290 and is located in zones outside of a historic district. Manufactured
housing may also be known as or a mobile home dwelling.
TEMPORARY SUPPORT STRUCTURES
A monopole or portable wireless communications facility used to provide wireless voice, data,
or image transmission within a designated area. A temporary support structure does not have
a permanent location on the ground, including the pouring of a concrete footing or the laying
of a permanent foundation.
Sec. III. Effective date.
This ordinance shall be effective upon adoption.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
Approved as to form:

___________________________

Date
Ordinance 26-__
Page 11

Kelly J. Lackey, City Attorney
***************
Clerk’s Certificate
I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and
that the foregoing is a true copy of Ordinance No. 26- duly adopted at a meeting of the City
Council meeting held Date, 2026 at which a quorum was present and voted.
____________________________________
Brenda T. Martin
Clerk of Council

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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION

CHAPTER 20
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An Act to amend and reenact §§ 15.2-2247 and 15.2-2290 of the Code of Virginia, relating to zoning;
manufactured housing.
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[S 346]
Approved March 31, 2026
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Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2247 and 15.2-2290 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-2247. Applicability of subdivision ordinance to manufactured home parks.
Any locality may designate, by ordinance, the areas within its jurisdiction in which manufactured homes
may be located or manufactured home parks may be established, notwithstanding the absence of a zoning
ordinance in such locality. Such ordinance may also apply to any of the provisions of §§ 15.2-2241 through
15.2-2245 in the regulation and governing of the location, establishment, and operation of manufactured
homes or manufactured home parks. The ordinance may apply to any park or portion thereof licensed as a
campground pursuant to Title 35.1 of this Code. In the event of irreconcilable conflict between the ordinance
and state law, the state law shall supersede the ordinance.
§ 15.2-2290. Uniform regulations for manufactured housing.
A. Localities adopting and enforcing zoning ordinances under the provisions of this article shall provide
that in all agricultural zoning districts, or districts having similar classifications regardless of name or
designation, where agricultural, horticultural, or forest uses such as those described in § 58.1-3230 are the
dominant use and where site-built housing is allowed, the placement of manufactured homes shall be
permitted.
B. Localities adopting and enforcing zoning ordinances under the provisions of this article shall provide
that, in all agricultural zoning districts or districts having similar classifications regardless of name or
designation where agricultural, horticultural, or forest uses such as but not limited to those described in
§ 58.1-3230 are the dominant use, other than zoning districts listed in subsection A, where site-built housing
is allowed, the placement of manufactured houses homes shall be permitted for manufactured homes that are
on a permanent foundation (i) converted to real property in accordance with § 46.2-653.1, (ii) constructed so
that the certificate of occupancy is issued within five years following the date of manufacture listed on the
home's data plate, and (iii) placed on individual lots shall be permitted, subject to development standards that
are equivalent to those applicable to site-built single family dwellings within the same or equivalent zoning
district. Localities shall not adopt or enforce any zoning, land-use, or development regulation that treats
manufactured homes differently or more restrictively than a single-family site-built dwelling allowed in the
same zoning district. Nothing in this subsection shall be construed as limiting the authority of localities to
adopt ordinances pursuant to §§ 10.1-2206.1 and 15.2-2306 designed to protect existing or future areas of
historical or archaeological significance, historical sites, historical landmarks, and historical buildings and
structures, or to establish local historical districts.
B. C. Localities adopting and enforcing zoning regulations under the provisions of this article may, to
provide for the general purposes of zoning ordinances, adopt uniform standards, so long as they apply to all
residential structures erected within the agricultural zoning district or other districts identified in subsection A
of this section incorporating such standards. The standards shall not have the effect of excluding
manufactured housing built in compliance with the Virginia Manufactured Housing Construction and Safety
Standards Law (§ 36-85.2 et seq.).
C. D. Local zoning ordinances adopting provisions consistent with this section shall not relieve lots or
parcels from the obligations relating to manufactured housing units imposed by the terms of a restrictive
covenant.

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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION

CHAPTER 688
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An Act to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by
adding a section numbered 15.2-2316.4:4, relating to zoning; wireless facilities; temporary support
structure.
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[H 876]
Approved April 13, 2026
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Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2316.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is
amended by adding a section numbered 15.2-2316.4:4 as follows:
§ 15.2-2316.3. Definitions.
As used in this article, unless the context requires a different meaning:
"Administrative review-eligible project" means a project that provides for:
1. The installation or construction of a new structure that is not more than 50 feet above ground level,
provided that the structure with attached wireless facilities is (i) not more than 10 feet above the tallest
existing utility pole located within 500 feet of the new structure within the same public right-of-way or within
the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic
district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount
equal to or greater than 35 percent of its general fund operating revenue, as shown in the most recent
comprehensive annual financial report, on undergrounding projects since 1980; and (iv) designed to support
small cell facilities; or
2. The co-location on any existing structure of a wireless facility that is not a small cell facility.
"Antenna" means communications equipment that transmits or receives electromagnetic radio signals
used in the provision of any type of wireless communications services.
"Base station" means a station that includes a structure that currently supports or houses an antenna,
transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to
communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power
supplies, and other associated electronics.
"Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, under,
within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure.
"Co-location" has a corresponding meaning.
"Department" means the Department of Transportation.
"Existing structure" means any structure that is installed or approved for installation at the time a wireless
services provider or wireless infrastructure provider provides notice to a locality or the Department of an
agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure"
includes any structure that is currently supporting, designed to support, or capable of supporting the
attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and
water towers.
"Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11
inches.
"New structure" means a wireless support structure that has not been installed or constructed, or approved
for installation or construction, at the time a wireless services provider or wireless infrastructure provider
applies to a locality for any required zoning approval.
"Project" means (i) the installation or construction by a wireless services provider or wireless
infrastructure provider of a new structure or (ii) the co-location on any existing structure of a wireless facility
that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless
services provider or wireless infrastructure provider on an existing structure to which the provisions of
§ 15.2-2316.4 apply.
"Small cell facility" means a wireless facility that meets both of the following qualifications: (i) each
antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna
that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a
cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal
Communications Commission. The following types of associated equipment are not included in the
calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs
for the connection of power and other services.

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"Standard process project" means any project other than an administrative review-eligible project.
"Temporary support structure" means a monopole or portable wireless communications facility used to
provide wireless voice, data, or image transmission within a designated area. A temporary support structure
does not have a permanent location on the ground, including the pouring of a concrete footing or the laying
of a permanent foundation.
"Utility pole" means a structure owned, operated, or owned and operated by a public utility, local
government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires
for communications, cable television, or electricity.
"Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a support
structure, originally constructed for use as a reservoir or facility to store or deliver water.
"Wireless facility" means equipment at a fixed location that enables wireless communications between
user equipment and a communications network, including (i) equipment associated with wireless services,
such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic
cable, regular and backup power supplies, and comparable equipment, regardless of technological
configuration.
"Wireless infrastructure provider" means any person that builds or installs transmission equipment,
wireless facilities, or wireless support structures, but that is not a wireless services provider.
"Wireless services" means (i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); (ii)
"personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile
services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through
wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum,
provided using wireless facilities.
"Wireless services provider" means a provider of wireless services.
"Wireless support structure" means a freestanding structure, such as a monopole, tower, either guyed or
self-supporting, or suitable existing structure or alternative structure designed to support or capable of
supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility
pole or any tower used for the distribution or transmission of electrical service.
§ 15.2-2316.4:4. Temporary support structures.
A. A locality shall include in its zoning ordinance provisions that allow for the use of temporary support
structures that meet the requirements of this section. A temporary support structure that is 80 feet or less in
height, on wheels, and erected for less than 30 days shall not be required to obtain a building permit. A
building permit shall be required for a temporary support structure over 80 feet in height or that is erected
for 30 days or more.
B. An application for a temporary support structure shall demonstrate that it is necessary for one of the
following reasons:
1. Administering limited frequency and modulation testing to evaluate system performance and the need
for additional wireless facility sites;
2. Supplementing communications coverage when a previously permitted wireless facility has become
involuntarily non-operational through an accident or natural disaster;
3. A substantial increase in the communications needs of the locality due to an emergency declared by the
locality, Commonwealth, or federal government;
4. A substantial increase in the communications needs of the businesses, residents, or visitors of the
locality for a limited period of time due to a special event held within the locality; or
5. Any other reason deemed necessary and appropriate by the locality.
C. An application for a temporary support structure may request approval for up to 180 days. A locality
may approve extensions beyond the initial approval period if (i) the requests are made in writing prior to the
expiration of the initial approval period or current extended approval period, (ii) the extensions are
reasonably necessary to resolve or accommodate the reasons for the initial approval, and (iii) the total time
approved for extensions, including the initial 180 day period, does not exceed two years.
D. A temporary support structure shall be removed at the cost of the owner and the site restored to its
previous condition within 48 hours of the end of the approval period.
E. If a locality fails to adopt provisions in its zoning ordinances to implement this section, applications for
temporary support structures shall be deemed granted and no building permit or other permits shall be
required.

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VIRGINIA ACTS OF ASSEMBLY - 2026 RECONVENED SESSION

CHAPTER 1068
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An Act to amend and reenact §§ 15.2-2241.2, 15.2-2288.7, and 15.2-2288.8 of the Code of Virginia, relating
to local regulation of solar facilities; special exceptions.
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[H 711]
Approved April 22, 2026
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Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2241.2, 15.2-2288.7, and 15.2-2288.8 of the Code of Virginia are amended and reenacted
as follows:
§ 15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or
devices.
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices
on real property that has been determined by the locality to be subject to § 15.2-2232 and therefore subject to
this section. "Decommission" includes the reasonable restoration of the real property upon which such solar
equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground
cover of the real property disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily
for the purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan, a locality
shall require an owner, lessee, or developer of real property subject to this section to enter into a written
agreement to decommission solar energy equipment, facilities, or devices upon the following terms and
conditions: (i) if the party that enters into such written agreement with the locality defaults in the obligation
to decommission such equipment, facilities, or devices in the timeframe set out in such agreement, the
locality has the right to enter the real property of the record title owner of such property without further
consent of such owner and to engage in decommissioning, and (ii) such owner, lessee, or developer provides
financial assurance of such performance to the locality in the form of certified funds, cash escrow, bond,
letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the
Commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates
and approved by the locality; such estimate shall not exceed the total of the projected cost of
decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer,
and an annual inflation factor.
C. The owner, lessee, or operator shall hire a professional engineer licensed in the Commonwealth to
update the decommissioning plan cost estimate and corresponding approved financial instrument every five
years after the approval of the first decommissioning plan to adjust for inflation, account for advancements in
technologies and processes for decommissioning, salvaging, or re-powering of renewable energy facilities,
and make any other necessary changes. The decommissioning plan shall provide for the removal of the
facility's equipment from the landowner's property and return of the property to a useful condition similar to
the preconstruction condition unless otherwise agreed to by the landowner. After the decommissioning
process is complete, the facility shall comply with all stormwater provisions in state law. The project shall
provide an up-to-date decommissioning plan to the locality any time there is project ownership outside of the
current developer. Notice shall be provided to the local government within 30 days of the sale or transfer of
the lease or property, and a new financial guarantee shall be provided by the new leaseholder or property
owner.
§ 15.2-2288.7. Local regulation of solar facilities.
A. An owner of a residential dwelling unit may install a solar facility on the roof of such dwelling to serve
the electricity or thermal needs of that dwelling, provided that such installation is (i) in compliance with any
height and setback requirements in the zoning district where such property is located and (ii) in compliance
with any provisions pertaining to any local historic, architectural preservation, or corridor protection district
adopted pursuant to § 15.2-2306 where such property is located. Unless a local ordinance provides otherwise,
a ground-mounted solar energy generation facility to be located on property zoned residential shall be
permitted, provided that such installation is (a) in compliance with any height and setback requirements in the
zoning district where such property is located and (b) in compliance with any provisions pertaining to any
local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where
such property is located. Except as provided herein, any other solar facility proposed on property zoned
residential, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of
any property other than the property where such facilities are located, shall be subject to any applicable

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zoning regulations of the locality.
B. An owner of real property zoned agricultural may install a solar facility on the roof of a residential
dwelling on such property, or on the roof of another building or structure on such property, to serve the
electricity or thermal needs of that property upon which such facilities are located, provided that such
installation is (i) in compliance with any height and setback requirements in the zoning district where such
property is located and (ii) in compliance with any provisions pertaining to any local historic, architectural
preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.
Unless a local ordinance provides otherwise, a A ground-mounted solar energy generation facility to be
located on property zoned agricultural and to be operated under § 56-594 or 56-594.2 shall be permitted,
provided that such installation is (a) in compliance with any height and setback requirements in the zoning
district where such property is located and (b) in compliance with any provisions pertaining to any local
historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such
property is located. Except as otherwise provided herein, any other solar facility proposed on property zoned
agricultural, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of
any property other than the property where such facilities are located, shall be subject to any applicable
zoning regulations of the locality considered pursuant to § 15.2-2288.8 unless otherwise permitted by right.
C. An owner of real property zoned commercial, industrial, or institutional may install a solar facility on
the roof of one or more buildings located on such property to serve the electricity or thermal needs of that
property upon which such facilities are located, provided that such installation is (i) in compliance with any
height and setback requirements in the zoning district where such property is located and (ii) in compliance
with any provisions pertaining to any local historic, architectural preservation, or corridor protection district
adopted pursuant to § 15.2-2306 where such property is located. Unless a local ordinance provides otherwise,
a A ground-mounted solar energy generation facility to be located on property zoned commercial, industrial,
or institutional shall be permitted, provided that such installation is (a) in compliance with any height and
setback requirements in the zoning district where such property is located and (b) in compliance with any
provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted
pursuant to § 15.2-2306 where such property is located. Except as otherwise provided herein, any other solar
facility proposed on property zoned commercial, industrial, or institutional, including any solar facility that is
designed to serve, or serves, the electricity or thermal needs of any property other than the property where
such facilities are located, shall be subject to any applicable zoning regulations of the locality considered
pursuant to § 15.2-2288.8 unless otherwise permitted by right.
D. An owner of real property zoned mixed-use may install a solar facility on the roof of one or more
buildings located on such property to serve the electricity or thermal needs of that property upon which such
facilities are located, provided that such installation is (i) in compliance with any height and setback
requirements in the zoning district where such property is located and (ii) in compliance with any provisions
pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to
§ 15.2-2306 where such property is located. Unless a local ordinance provides otherwise, a A
ground-mounted solar energy generation facility to be located on property zoned mixed-use shall be
permitted, provided that such installation is (a) in compliance with any height and setback requirements in the
zoning district where such property is located and (b) in compliance with any provisions pertaining to any
local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where
such property is located. Except as provided herein, any other solar facility proposed on property zoned
mixed-use, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of
any property other than the property where such facilities are located, shall be subject to any applicable
zoning regulations of the locality.
E. Nothing in this section shall be construed to supersede or limit contracts or agreements between or
among individuals or private entities related to the use of real property, including recorded declarations and
covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia
Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in
§ 54.1-2345, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate
Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners' association created pursuant
to the Property Owners' Association Act (§ 55.1-1800 et seq.).
F. A locality, by ordinance, may provide by-right authority for installation of solar facilities in any zoning
classification in addition to that provided in this section. A locality may also, by ordinance, require a property
owner or an applicant for a permit pursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) who
removes solar panels to dispose of such panels in accordance with such ordinance in addition to other
applicable laws and regulations affecting such disposal.
§ 15.2-2288.8. Special exceptions for solar photovoltaic projects.
A. Any Unless otherwise provided by right, each locality may grant shall require a special exception
pursuant to § §§ 15.2-2204, 15.2-2286, and 15.2-2288.7 or a siting agreement pursuant to § 15.2-2316.7 and
include in its zoning ordinance reasonable regulations and provisions consistent with this section for a special
exception as defined in § 15.2-2201, for any solar photovoltaic (electric energy) project or energy storage

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project. For the purposes of this section, "energy storage project" means energy storage equipment and
technology within an energy storage project that is capable of absorbing energy, storing such energy for a
period of time, and redelivering such energy after it has been stored "solar photovoltaic project" means a
ground-mounted solar facility with a generating capacity of one megawatt or more that is designed to serve,
or serves, the electricity or thermal needs of any property other than the property where such facility is
located.
Any special exception granted pursuant to this section is an amendment to the zoning ordinance pursuant
to subdivision A 7 of § 15.2-2286 and shall comply with the following criteria. Where numerical ranges are
attached to criteria, localities may choose to establish an ordinance that specifies any number within the
applicable range that they deem appropriate for their community. In the issuance of a special exception, a
variance from these ordinance criteria may be implemented only with a written agreement of the locality, the
property owner or their agent, and the applicant. Nothing in this section shall (i) be construed to relieve
projects of the responsibility to comply with all relevant state and federal laws, regulations, and permits,
including those related to tree canopy; (ii) require a locality to approve a special exception application
considered pursuant to this section; (iii) be construed to prohibit a locality from permitting a solar
photovoltaic project or energy storage project by right; or (iv) prohibit the owner of a proposed solar
photovoltaic project and a locality from entering into a siting agreement that provides less stringent
restrictions than those specified under this subsection.
1. Setback distances shall be measured from the nearest edge of the equipment as follows: (i) between 150
and 200 feet from the nearest point on the outer wall of existing occupied community buildings and dwellings
on nonparticipating properties; (ii) between 50 and 100 feet from the outside edge of the roadbed of any road
abutting the property; (iii) for projects not greater than 25 megawatts, 50 feet from the edge, and for projects
greater than 25 megawatts, 100 feet from the edge, of tidal wetlands or nontidal wetlands, as defined in
9VAC25-830, or from the top of bank of perennial streams, as defined in § 62.1-44.122; (iv) for projects of
any capacity within Chesapeake Bay Preservation Areas, between 100 and 125 feet from the edge of tidal
wetlands, nontidal wetlands, or from the top of bank of perennial streams; and (v) between 50 and 75 feet
measured from the nearest shared property line for nonparticipating properties. Nothing in this subdivison
shall preclude the owner of a nonparticipating property from waiving the foregoing setback requirements by
written agreement. Setbacks shall not be required for internal boundaries between adjacent participating
parcels. For purposes of clauses (iii) and (iv), “equipment” is limited to solar panels, racking equipment,
and inverters.
2. Fencing for the facility shall comply with § 55.1-2804, the latest version of the National Electrical
Safety Code or any applicable successor standard regarding requirements for limiting access to facilities,
and the Uniform Statewide Building Code (§ 36-97 et seq.). Vegetative visual screening requirements shall
not be required to exceed three feet at planting, shall be between 25 and 50 feet wide, and shall allow for
consideration of preexisting natural or manmade visual barriers.
3. The height of solar panels shall not exceed 25 feet above ground when the arrays are at full tilt, except
in cases where a height variance is necessary to allow for agrivoltaics activity below or in proximity to the
panels. For purposes of this section, "agrivoltaics" means the same as that term is defined in § 10.1-1197.5.
4. Visual impacts of facilities on public parks, scenic rivers and byways, and historic structures or sites
listed on or eligible for the National Register of Historic Places or a county register of historic places shall
be minimized. A locality may request a viewshed analysis as part of the special exception application to
assure that visual impacts are minimized through solar panel placement, height, landscaping, and screening.
Such analysis shall account for existing vegetation and planned visual buffers. Such screening may be
accomplished on any property with the consent of the property owner.
5. The facility shall implement light intensity dimming solution technology that provides a means of
tailoring the intensity level of lights according to surrounding visibility.
6. The facility shall comply with all Department of Environmental Quality stormwater regulations as
established in 9VAC25-880.
7. The facility shall minimize new impervious surface on the site and under its solar panels.
8. Land disturbance, including site grading, construction, and landscaping, shall be conducted in
compliance with a stormwater pollution prevention plan. Topsoil shall not be removed from the project site.
Topsoil shall be returned to disturbed areas from stockpiles as quickly as site conditions allow, unless
returning soil would cause adverse impacts to topsoil integrity or is otherwise not practicable for
construction activities. Site stabilization shall occur as the site is developed, following appropriate
stabilization timelines as identified in the General VPDES Permit for Discharges of Stormwater from
Construction Activities, and shall not be delayed until site construction is completed. The facility shall
decompact soil as necessary and feasible for re-vegetation after construction has concluded.
9. When all land-disturbing activities at the construction site have been completed, the facility shall
initiate permanent stabilization to provide vegetative ground cover that provides a minimum level of
coverage over the project site. An ordinance may require up to 75 percent vegetative cover with no
significant bare areas that is mature enough to survive and will inhibit erosion. The use of native and

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naturalized plants shall be encouraged and invasive plants as established pursuant to § 10.1-104.6:2 shall be
prohibited. For projects or portions of projects not used for animal grazing, co-located crop production,
native and naturalized pollinator plant species, or native and naturalized meadow species shall be planted,
except for in the area directly beneath panels, and maintained throughout the solar project's life. The seed
mix shall include a diversity of species with varied bloom times. Mowing shall be limited and performed on a
schedule that promotes the establishment of the native plantings, controls invasive species, and minimizes
impacts to wildlife. All trees and shrubs at the time of planting shall accommodate adequate screening or
buffering at the end of five years of planting. Vegetation used to establish a visual screen shall not be
trimmed to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.
10. The facility shall provide for wildlife passage where needed by limiting fencing to the areas in
reasonable proximity to arrays and interconnection equipment to the extent practicable and consistent with
safety and security requirements. The facility shall prioritize open wildlife access to riparian areas, wetlands,
streams, and other areas not in proximity to panels.
11. The facility shall comply with all applicable state and federal labor and employment laws, including
apprenticeships and labor standards necessary to achieve any available tax credit bonuses found in 26
U.S.C. §§ 45Y and 48E.
12. A locality shall require an applicant to enter into a written agreement to decommission equipment,
facilities, or devices pursuant to § 15.2-2241.2.
B. Any locality may grant a special exception pursuant to § 15.2-2286, and include in its zoning
ordinance reasonable regulations and provisions for a special exception as defined in § 15.2-2201, for an
energy storage project. For the purposes of this section, "energy storage project" includes energy storage
equipment and technology within an energy storage project that is capable of absorbing energy, storing such
energy for a period of time, and redelivering such energy after it has been stored.
B. C. The governing body of such locality may grant a condition that includes (i) dedication of real
property of substantial value or (ii) substantial cash payments for or construction of substantial public
improvements, the need for which is not generated solely by the granting of a conditional use permit, so long
as such conditions are reasonably related to the project.
C. D. Once a condition is granted pursuant to subsection B C, such condition shall continue in effect until
a subsequent amendment changes the zoning on the property for which the conditions were granted.
However, such conditions shall continue if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance.
E. The governing body of such locality shall furnish the State Corporation Commission a record of
special exception decisions reached pursuant to this section not more than 60 days after such decision is
made. The record shall include (i) the reason for any adverse decision, (ii) any finding of nonconformity with
the local comprehensive plan, and (iii) the date of the last revision to the comprehensive plan.
2. That the State Corporation Commission shall compile and maintain on the Commission's public
website a searchable database of all solar photovoltaic project special exception decisions and the
reasons for any adverse decisions made over a period of not less than five years. The Commission shall
furnish to each locality a standardized form for submitting decision records by July 1, 2026.
3. That the provisions of this act shall apply to any ground-mounted solar facility with a generating
capacity of one megawatt or more for which an application for local approval is filed on or after July 1,
2026, and any such project shall not be governed by any local ordinances inconsistent with this act.
Any application for a solar energy facility that has been received and accepted by the relevant
authority prior to July 1, 2026, shall be subject to any applicable local ordinances in place at the time
the initial application was filed.

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VIRGINIA ACTS OF ASSEMBLY - 2026 RECONVENED SESSION

CHAPTER 1076
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An Act to amend and reenact § 15.2-2316.9 of the Code of Virginia and to amend the Code of Virginia by
adding in Article 7.3 of Chapter 22 of Title 15.2 a section numbered 15.2-2316.10, relating to siting of
battery energy storage projects; commercial solar photovoltaic generation facilities; permitted accessory
use.
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[H 891]
Approved April 22, 2026
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Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2316.9 of the Code of Virginia is amended and reenacted and that the Code of Virginia is
amended by adding in Article 7.3 of Chapter 22 of Title 15.2 a section numbered 15.2-2316.10 as
follows:
§ 15.2-2316.9. Effect of executed siting agreement; land use approval.
A. Nothing Except as provided in § 15.2-2316.10, nothing in this article shall be construed to exempt an
applicant from any other applicable requirements to obtain approvals and permits under federal, state, or local
ordinances and regulations. An applicant may file for appropriate land use approvals for the solar project or
energy storage project, as applicable, under the regulations and ordinances of the host locality at or after the
time the applicant submits its notice of intent to site a solar project or energy storage project as set forth in
subsection A of § 15.2-2316.7.
B. Nothing in this article shall affect the authority of the host locality to enforce its ordinances and
regulations to the extent that they are not inconsistent with the terms and conditions of the siting agreement.
C. Approval of a siting agreement by the local governing body in accordance with subsection B of
§ 15.2-2316.8 shall deem the solar project or energy storage project to be substantially in accord with the
comprehensive plan of the host locality, thereby satisfying the requirements of § 15.2-2232.
D. The failure of an applicant and the governing body to enter into a siting agreement may be a factor in
the decision of the governing body in the consideration of any land use approvals for a solar project or energy
storage project, but shall not be the sole reason for a denial of such land use approvals.
§ 15.2-2316.10. Battery energy storage projects as permitted accessory use to approved solar projects.
A. As used in this section, "special exception" means any special exception or special use permit,
conditional use permit, or any other similar approval issued for a solar facility.
B. 1. A battery energy storage project shall be deemed as a permitted accessory use in all zoning districts
on any parcel of land that is subject to an approved special exception for a solar facility if the battery energy
storage project is located within the boundaries of the parcel covered by the existing special exception and
has a rated storage capacity that does not exceed 100 percent of the nameplate generating capacity of the
associated solar energy facility.
2. Such battery energy storage project shall not require a special exception or be subject to any other
local land use approval. The addition of the battery energy storage project pursuant to this section shall not
alter, reduce, or otherwise affect any (i) payment obligations, financial commitments, or other terms
contained in the existing special exception associated with the siting agreement for the approved solar
project or (ii) state and local tax exemption from which the approved solar project benefits. Nothing in this
subdivision shall be construed to affect or alter the state and local tax provisions under § 58.1-3660.
C. A battery energy storage project shall comply with all applicable federal, state, and local safety or fire
codes and environmental regulations.
D. Any payment obligations, financial commitments, or other terms contained in the special exception or
any associated siting agreement for the approved solar project shall relate and apply only to the approved
solar project and shall not affect any battery energy storage project added pursuant to this section.
E. Nothing in this section shall be construed to (i) limit the authority of a host locality to enforce
compliance with applicable codes or to ensure the safe operation of the battery energy storage project or (ii)
preclude the developer or host locality of a battery energy storage project from negotiating a siting
agreement.
2. That any battery energy storage project for which an initial interconnection request has been filed
with an electric utility or a regional transmission organization prior to July 1, 2030, and is constructed
pursuant to § 15.2-2316.10 of the Code of Virginia, as created by this act, shall be subject to the
applicable local ordinance and regulation in effect on July 1, 2026, except as modified under
§ 15.2-2316.10 of the Code of Virginia, as created by this act.

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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION

CHAPTER 567
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An Act to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4, relating to siting of data centers; site assessment; high energy use facility.
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[H 153]
Approved April 13, 2026
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section
numbered 15.2-2209.4 as follows:
§ 15.2-2209.4. Siting of data centers; site assessment.
A. As used in this section, "high energy use facility" or "HEUF" means a facility that an applicant
reasonably anticipates at the time of filing a rezoning application, special exception application, or special
use permit application will require 100 megawatts or more of electrical power from an electric utility
providing retail service to the facility.
B. Prior to any approval of a rezoning application, special exception, or special use permit for the siting
of a new HEUF, a locality shall require that an applicant perform and submit a site assessment to examine,
to the extent practicable and within the timeline provided by subdivision A 7 of § 15.2-2286, the sound profile
of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. A
locality may also require that a site assessment examine, to the extent practicable and within the timeline
provided by subdivision A 7 of § 15.2-2286, the effect of the proposed facility on (i) ground and surface water
resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the
HEUF site or immediately contiguous land.
C. Prior to any approval of a rezoning application, special exception, or special use permit for the siting
of a new HEUF, a locality shall require that the electric utility providing retail service to the new HEUF, to
the extent known and practicable and within the timeline provided by subdivision A 7 of § 15.2-2286, submit
to the locality a form describing (i) any new or existing substations that will be used to serve the HEUF and
(ii) the anticipated transmission voltage required to serve the HEUF.
D. Site assessments submitted to a locality under subsections B and C shall be used by the locality to
assess consistency with the policies of the locality's comprehensive plan, if any, and compliance with the
locality's adopted noise ordinances, zoning ordinance provisions, and other applicable laws and regulations,
if any.
E. A locality's site assessment regarding an HEUF shall not be construed to change, replace, or impact
any authority or jurisdiction of the State Corporation Commission, or otherwise delegate any of the State
Corporation Commission's authority or jurisdiction to any locality.
F. This section shall not apply to a site with an existing legislative or administrative approval where an
applicant is seeking an expansion or modification of an already existing or approved facility and such
expansion does not exceed an additional 100 megawatts or more of electrical power.
G. Nothing in this section shall be construed to prohibit, limit, or otherwise supersede existing local
zoning authority.

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VIRGINIA ACTS OF ASSEMBLY - 2026 RECONVENED SESSION

CHAPTER 1075
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An Act to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4, relating to minimum off-street parking requirements in certain areas.
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[H 888]
Approved April 22, 2026
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section
numbered 15.2-2209.4 as follows:
§ 15.2-2209.4. Minimum off-street parking requirements; designated areas; administrative reductions.
A. As used in this section:
"Bus rapid transit" means a rubber-tired bus transit system with features such as frequent service,
dedicated lanes, traffic signal priority, and enhanced stations.
"Designated area" means any parcel located within one-half mile of the entrance to a mass transit or
public transportation station or facility. For purposes of this definition, "mass transit or public transportation
station or facility" means a building or enhanced structure where members of the general public board or
disembark mass transit or public transportation.
"Mass transit or public transportation" means passenger transportation on a fixed route by rubber-tired,
rail, or other surface conveyance providing shared-ride service to the general public on a regular and
continuing basis, including bus rapid transit or other high-capacity transit service as identified by the
Virginia Department of Rail and Public Transportation. "Mass transit or public transportation" does not
include school buses, microtransit, charter or sight-seeing services, a vehicular ferry service that serves as a
link in the highway network, or a human service agency or other client-restricted transportation.
"Microtransit" means a flexible, on-demand, dynamically routed shared-ride passenger transportation
service that operates similarly to traditional public transit but with greater adaptability to individual trip
needs.
B. Any locality that has adopted a zoning ordinance pursuant to this chapter shall not require, as a
condition of zoning approval, minimum off-street parking for residential, multifamily, or mixed-use
development located within a designated area in amounts exceeding the following:
1. One-half of one parking space per dwelling unit for multifamily or mixed-use residential development;
and
2. One parking space per dwelling unit for one-family and two-family dwellings and townhouses.
C. No locality shall adopt or enforce any provision of a zoning ordinance that imposes minimum off-street
parking requirements for residential, multifamily, or mixed-use development located within a designated area
in excess of the limitations set forth in subsection B.
D. Any locality with a population greater than 600,000 may by ordinance impose off-street parking
requirements exceeding the limits in subsections B and C for residential, multifamily, or mixed-use
development within one-half mile of a locality-managed fixed-route bus stop, provided that the ordinance
includes an administrative process allowing an applicant, in connection with a pending rezoning, special
exception, proffered condition amendment, site plan, or subdivision plat, to obtain a reduction of at least 25
percent in minimum off-street parking requirements for such development within 1,000 feet of such bus stop.
An administrative reduction shall be granted upon the applicant's demonstration that (i) all dwelling units
serve households at or below 70 percent of area median income, using income averaging; (ii) due to the
unique characteristics of the site or uses on the site, the spaces proposed to be eliminated are unnecessary or
infeasible; or (iii) a written shared parking agreement ensures availability of equivalent spaces within 1,000
feet of the subject property.
E. Any locality with a population greater than 20,000 shall, by ordinance, establish an administrative
review process in which developers may request a reduction of minimum off-street parking requirements of
not less than 20 percent for residential, multifamily, or mixed-use development proposed on parcels not
located within a designated area. The ordinance shall include criteria to determine eligibility for, and
prescribe procedures for the submission and review of, the administrative reduction authorized by this
subsection.

ITEM #10A

MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:

Mayor Devine and City Council
Brenda T. Martin, Clerk of Council
September 2, 2026 (for the September 8, 2026 Council meeting)
Central Rappahannock Regional Library Board Appointment

ISSUE
Shall City Council appoint a Central Rappahannock Regional Library Board member?
RECOMMENDATION
Staff recommends City Council take action at the regular session on September 8, 2026, on the
(1) one appointment to the Central Rappahannock Regional Library Board. The appointment
applications are attached for review and your consideration.
DISCUSSION
We have received four (4) applications for the one (1) vacancy. The applicants are Jeffrey
Edmunds, Jennifer Evans, Cheryl Miller (has served two terms), and Janice Raspin.
The reappointment will be a four (4) year term commencing immediately.
FISCAL IMPACT
There is no fiscal impact incurred with this action.
Attachments:

Application(s)

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6/5/26, 10:51 AM

fredericksburgva.gov/Admin/FormCenter/Submissions/Print/59622

Print
Boards & Commissions Reappointment Application - Submission #59622
Date Submitted: 5/27/2026
First Name*

Last Name*

Cheryl

Miller

Address1*
8 Seneca Terrace

Address2

City*

State*

Zip*

FREDERICKSBURG

VA

22401

Phone Number*

Employer

5407292664

Retired

Email
[email protected]

Board you currently serve on

Please specify if other

Other

CRRL Library Board of Trustees

Signature
I hereby request consideration for reappointment to the above Board or Commission of the City of Fredericksburg,
Virginia.
Applicant Signature: I understand that checking the box below is the equivalent of signing my name.*
I Accept

https://www.fredericksburgva.gov/Admin/FormCenter/Submissions/Print/59622

1/2

6/5/26, 10:51 AM

fredericksburgva.gov/Admin/FormCenter/Submissions/Print/59622

Applicant Name*

Date*

Cheryl Miller

May 27, 2026

Please note that information entered will be considered a public record subject to disclosure as required by law.

https://www.fredericksburgva.gov/Admin/FormCenter/Submissions/Print/59622

2/2

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ITEM #11A

MEMORANDUM

TO:
FROM:
SUBJECT:
DATE:

Timothy J. Baroody, City Manager
Betsy Mason, Chief of Police, FPD
Amending Fredericksburg City Code Sections 10-430 through 10-433 to revise
the name, composition, duties, and meetings of the Towing and Recovery
Advisory Board
September 1, 2026 (for the September 8, 2026 Council Meeting)

ISSUE
Shall City Council adopt amendments to City Code Sections 10-430 through 10-433 to revise the
composition, duties and meetings of the Towing and Recovery Advisory Board?
RECOMMENDATION
Yes. In 2008, City Council established and appointed a Towing and Recovery Advisory Board to
study the governing practices of towing services in the City. The Board was established as a
standing advisory board in 2010 by Ordinance No. 10-07. The provisions governing the
composition and meetings of the board are found in Chapter 10, Article II, Division 20 of the
City Code. These provisions have not been updated since their enactment. The revisions to
Chapter 10 recommended herein update the name, clarify the purposes and duties, and
increase the membership of the board.
DISCUSSION
In 2008, the City Council established and appointed a Towing and Recovery Advisory Board.
During full review of related towing ordinances and best practices in 2026, several needed
revisions were identified for the Towing and Recovery Advisory Board – each of which is
described more fully as follows. The name of the board should be changed to the Towing
Advisory Board, in line with common usage. Under purpose and duties, it is recommended that
expanded language be added to clearly state that the Board’s duties include advising on

MOTION:

September 8, 2026
Regular Meeting
Ordinance 26-__

SECOND:

RE:

Amending Fredericksburg City Code, Chapter 10, Article II, Division 20
Regarding the Name, Membership, Purpose and Duties, and Meetings of the
Fredericksburg Towing and Recovery Advisory Board

ACTION:

APPROVED: Ayes: __; Nays: __

FIRST READ:
Sec. I.

SECOND READ:
Introduction.

On January 22, 2008, by the adoption of Resolution No. 08-15, the City Council created an ad
hoc advisory board called the Towing and Recovery Advisory Board, to study the governing
practices of towing and recovery services and make recommendations to the City and police
department as to ordinances, regulations, and contracts related to the same. On April 13, 2010,
the City Council then formally established the Board as a standing advisory board by enacting
Ordinance No. 10-07, with the main purposes of hearing complaints related to police-initiated
towing services and continuing to advise the Council and Police Department on changes to
ordinances governing law enforcement initiated towing.
The Board includes representatives of local law-enforcement, towing and recovery operators,
and the general public. The provisions governing the purpose, duties, composition, and
meetings of the Board are found in City Code Chapter 10, Sections 430 through 433. The
provisions have remained the same since 2010. Upon review, the provisions should be updated
to revise the name of the board in line with common usage, increase the number of Board
members so the City can benefit from a greater diversity of opinions and professional
experiences on the Board, and expand the language related to the Board’s full purpose and
duties in accordance with Code of Virginia §§ 46.2-1217 (law enforcement initiated towing) and
46.2-1233.2 (certain private towing matters), as well as to clarify how the Board’s open
meetings shall be noticed to the public.
Sec. II. City Code amendment.
Chapter 10, “Agencies, Authorities, Boards, Commissions and Committees,” Article II,
“Citywide Bodies,” Division 20, “Towing and Recovery Advisory Board” of the
Fredericksburg City Code is hereby amended to add the underlined language and delete
the language shown in strikethrough as follows:

Division 20 Towing and Recovery Advisory Board
§ 10-430. Name.
The name of the Board shall be the Towing and Recovery Advisory Board.
§ 10-431. Purposes and duties.
In accordance with the Code of Virginia §§ 46.2-1217 and 46.2-1233.2, the The purpose and
duties of the Towing and Recovery Advisory Board isare to study the governing practices of
towing and recovery services rendered pursuant to police towing requests and private
towing services subject to local government authority, make recommendations to the City
Council and Police Department regarding adoption or amendment of any ordinances,
regulations, or contracts pertaining to same, and to hear appeals and complaints arising out
of police towing requests. The City Council may request advisory opinions concerning
private towing matters that are subject to local government authority.
§ 10-432. Membership.
A. The Towing and Recovery Board shall be made up of three six voting members appointed
by City Council. One member Two members shall be from a local law enforcement agency
the Police Department. One member Two members shall be a licensed towing and
recovery operators who have operated a towing business in the City for at least one year.
, and one member Two members shall be members of the general public who reside in
the City. However, no vacancies of members of the general public shall prevent the
advisory board from meeting or taking any action authorized pursuant to Code of Virginia
§ 46.2-1233.2. In addition to the six voting members of the Board, a member of the City
Council may be appointed as a non-voting member of the Board. from the general public.
The terms of office shall be two years.
B. The Chair of the Board shall be elected annually among the members of the advisory
board by a majority vote. One of the members from the Police Department shall serve as
the Towing Advisory Board Chair in an interim capacity, subject to an annual election of
officers, until their successor is elected.
§ 10-433. Meetings.
A. The Towing and Recovery Board shall meet at least once a year.
B. Unless exempted pursuant to § 2.2-3711, Towing Advisory Board meetings shall be open
to the public. Meeting dates, times, and locations shall be posted as required by the
Virginia Freedom of Information Act.

Title
Date
Page 2 of 2

matters related to private towing that are within local government authority to regulate, in
accordance with the Code of Virginia’s provisions at § 42.6-1233.2. This is in line with the
board’s original mission when created in 2008. The composition of the board should be
adjusted from three members to six members, which allows the City to benefit from an
enhanced diversity of opinions and depth of professional experiences. Finally, it is
recommended that language be added to emphasize that towing advisory board meetings are
public and stating how the meetings will be posted and advertised to the public.
FISCAL IMPACT
Adopting the ordinance will not incur any costs.
Attachments:
Draft Ordinance

2

ITEM #11B

MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:

Timothy J. Baroody, City Manager
Betsy Mason, Chief of Police, FPD
Amending Fredericksburg City Code, Sections 58-323 through 58-340 to
modernize and update law enforcement-initiated towing provisions, including
adjustment of maximum allowable fees and updates to procedures.
September 1, 2026 (for the September 8, 2026 Council Meeting)

ISSUE
Shall City Council adopt amendments to City Code Sections 58-323 through 58-340 to
modernize and update law enforcement-initiated towing provisions, to include adjusting
maximum allowable fee rates, adding provisions related to hearing and appeals procedures and
the process for applying to the towing rotation lists, and other revisions?
RECOMMENDATION
Yes. The Code of Virginia, Section 46.2-1217, authorizes localities to “regulate services rendered
pursuant to police towing requests by any business engaged in the towing or storage of
unattended, abandoned, or immobile vehicles.” Since the initial implementation in April 2010,
police-initiated towing fees have not been increased and the provisions governing the process
for police-initiated towing services have not been updated.
DISCUSSION
1. Background
The Code of Virginia, Section 46.2-1217, authorizes localities to “regulate services rendered
pursuant to police towing requests by any business engaged in the towing or storage of
unattended, abandoned, or immobile vehicles.” A local ordinance may limit the number of
towing companies engaged in towing services and specify equipment to be used for providing
towing service. The locality may contract for police-requested tows and specify the fees or

Title
Date
Page 2 of 2

charges to be paid by the owner or operator of a towed vehicle. Prior to adopting an ordinance
or entering into a contract pursuant to Section 46.2-1217, the local government must have a
board to advise the governing body concerning the appropriate provisions of the ordinance or
terms of the contract.
While police-initiated towing services are governed by the Code of Virginia, Section 46.2-1217,
it is helpful – for contextual purposes – to also review the Code of Virginia, Sections 46.2-1232,
1233, -1233.1, and -1233.2, which govern certain towing services related to vehicles on private
property. Those provisions provide that a locality may also regulate private towing services
under certain circumstances. Section 46.2-1233.1 provides that unless a different limit is
established by local ordinance, “no charges imposed for the towing, storage, and safekeeping of
any passenger car removed, towed, or stored without the consent of its owner shall be in
excess of . . . $210” for the hookup and initial towing of any passenger car, with an additional
fee of no more than $30 permitted for towing a vehicle between 7:00 p.m. and 8:00 a.m. or on
any Saturday, Sunday, or holiday. The $210 maximum fee arises from the General Assembly’s
decision to increase the allowable maximum from the $150 previously allowed. For a one-year
period from July 1, 2024 through July 1, 2025, the General Assembly also authorized a fuel
surcharge of no more than $20 for each vehicle towed or removed from private property
without the owner’s consent.
In 2008, the City Council established an ad hoc Towing and Recovery Advisory Board to study
towing in the City and make recommendations about ordinances related to the same. In April
2010, City Council adopted a comprehensive ordinance governing police-requested towing
services. The ordinance established standards for companies on the police-requested tow
rotation lists, equipment and insurance requirements, fee schedules, storage and security
requirements, and complaint and appeals procedures. These provisions are found in City Code
Chapter 58, Article V, Division 5. Section 58-330 sets the maximum allowable rates for police
initiated towing services.
2. Current Status
Since the initial implementation in April 2010, the codified fees associated with police-initiated
towing services have not been increased.

2

Title
Date
Page 2 of 2

Through 2025 and 2026, staff diligently worked to review existing industry practices, market
rates, City ordinances, and the ordinances of surrounding jurisdictions related to policeinitiated towing services.
In September 2025, the Towing and Recovery Advisory Board recommended adopting the rates
found in Spotsylvania County’s ordinance governing police-initiated towing services. The Board
convened on June 3, 2026 to review an earlier draft of this proposed ordinance. The proposed
ordinance accompanying this memorandum is based in part on the Board’s discussion and
recommendations and also additions and revisions based on staff’s experience and research.
Proposed allowable and maximum fees are generally consistent with a rate schedule
established in Spotsylvania County in 2022 and similar to rates in Stafford and King George
Counties.
FISCAL IMPACT
Adopting the ordinance will not incur any costs.
Attachments:
Draft Ordinance

3

MOTION:

September 8, 2026
Regular Meeting
Ordinance 26-__

SECOND:
RE:

Amending Fredericksburg City Code, Chapter 58, Sections 323 through 339 to
Modernize and Update Provisions Related to Law Enforcement Initiated Towing
Services, Including Adjusting Allowable Fees, Revising Procedures, and Other
Revisions

ACTION:

APPROVED: Ayes: __; Nays: __

FIRST READ:
Sec. I.

SECOND READ:
Introduction.

In accordance with Code of Virginia § 46.2-1217, Fredericksburg City Code Chapter 58, Article V
regulates services rendered pursuant to towing services requested by law enforcement. Last
revised in 2010, these Code provisions have not since been updated to reflect changes in industry
practice or the increased market rate for such services.
Law enforcement initiated towing services are vital to ensuring public safety on the roadways. The
provisions that govern the regulation of such towing services should be revised to modernize and
update law enforcement initiated towing provisions in line with general practice and industry
standards, as well as to adjust the maximum allowable rates that an authorized tower may charge
for services rendered under a towing services agreement with the City.
Sec. II. City Code amendment.
Chapter 58, “Motor Vehicle and Traffic,” Article V, “Illegally Parked, Unattended,
Immobilized and Abandoned Vehicles,” Division 5, “Disposition,” Sections 323 through 339,
of the Fredericksburg City Code is hereby amended to add the underlined language and delete
the language shown in strikethrough as follows:
§ 58-323. Law enforcement initiated towing; purpose.
A.

This division is promulgated by the City Council of the City of Fredericksburg, pursuant to
authority provided in the Code of Virginia § 46.2-1217, to ensure storage, availability and
service by persons and firms authorized to provide towing services at the request of the Chief
of Police or other law enforcement personnel. The provisions of this chapter are not
applicable to towing services that are not requested by not at the request of official law
enforcement personnel.

B.

Notwithstanding this division or any agreement executed pursuant to it, all authorized towers
or towing businesses authorized to provide service shall remain independent contractors and
shall not be deemed to be employees of the City.

§ 58-324. Definitions.
The following definitions shall be used in the interpretation and administration of this division.
The definitions of various terms as presented herein do not necessarily represent the same
definitions as may be found for the same terms in other ordinances of the Code.
ADMINISTRATIVE FEE – A fee that an authorized tower or authorized heavy-duty tower may
charge if, after three business days have elapsed since the towing of a vehicle considered
abandoned under the Code of Virginia § 46.2-1200, (1) the vehicle has not been retrieved from
the authorized tower or authorized heavy-duty tower; (2) the authorized tower or authorized
heavy-duty has incurred expenses in the effort to search for the owner and/or lien holder of
record of the vehicle or further efforts to sell or dispose of the vehicle in accordance with the
Code of Virginia § 46.2-1202; and (3) the authorized tower or authorized heavy-duty has proof of
the effort and expenditures made in furtherance of those efforts.
AFTER-HOURS – Towing conducted between the hours of 7:00 p.m. and 8:00 a.m., Monday
through Friday, or any time on Saturdays, Sundays, or state or federal holidays, shall be
considered “after-hours.” For the purposes of retrieving a towed vehicle from storage, “afterhours” shall mean 5:00 p.m. to 8:00 a.m. on Monday through Friday, and all day on Saturdays,
Sundays, or state or federal holidays.
AUTHORIZED TOWER — A towing firm business or service which that meets the requirements of
the Commonwealth of Virginia Code Title 46.2 Chapter 28 12 and the Fredericksburg Towing
Ordinance this division and has entered into a towing service agreement to provide towing
services at the request of the Police Department or other law enforcement personnel.
BASIC ACCIDENT — An accident where the involved vehicles are still on the roadway or shoulder.
BASIC TOW — A tow from the roadway or shoulder. between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday.
CHIEF OF POLICE — The person appointed pursuant to City Code § 2-281 or his their designee.
CITY — The City of Fredericksburg.
DROP FEE – A fee applied when a vehicle has been hooked up for purposes of towing, but
the owner or authorized party is onsite and requests release prior to the vehicle being towed
from the parked or recovered location.
EMERGENCY — A critical traffic problem, snow storm snowstorm, ice storm, hurricane or other
extreme weather conditions; parade or other similar public event or a riot, disaster or similar
event not ordinarily or usually occurring, as determined by the City Manager or Chief of Police
his designee.
HEAVY-DUTY TOW — A tow of a vehicle with a gross vehicle weight rating (GVWR) of greater than
ten thousand (10,000) pounds.
HEAVY-DUTY TOW ROTATION LIST — The list maintained by the Chief of Police of those towers
businesses meeting the requirements of § 58-330 herein this division, who are authorized to
respond City-wide to the Police Department or other law enforcement personnel's requests for

heavy-duty towing.
LAW ENFORCEMENT PERSONNEL or LAW ENFORCEMENT AGENCY — A sworn law
enforcement officer of the City, or a Virginia State Police Officer, or any other sworn law enforcement
officer with law enforcement jurisdiction at the scene of the tow. or agency of said officers. For the
purpose of requesting a tow under this division, it shall also include any Communications Officer or
administrative staff member, as authorized by the Chief of Police, responsible for making phone calls
to an authorized tower and requesting towing services.
LAW ENFORCEMENT AGENCY — Agency of law enforcement officers and related personnel having
jurisdiction at the scene of the tow.
OFFICER — A Fredericksburg sworn law enforcement officer or any other sworn law enforcement
officer with law enforcement jurisdiction at the scene of the tow. For calls to towing businesses
the term also includes law enforcement communications and dispatch personnel.
RECEIPT — A printed, numbered, dated receipt which includes the authorized tower’s company
name, the name of the towing and recovery operator that performed the towing services, the
authorized tower’s business company address and business number, and is signed by the owner
or an employee of the authorized tower. receipt signed by owner/operator.
SCC — Commonwealth of Virginia State Corporation Commission.
SUSPENSION — Temporary removal from the City's towing or heavy-duty tow rotation list for a
violation of any applicable federal, state, or local law, or for the ordinance or breach of the towing
service agreement.
TERMINATION — Permanent removal from the City's towing or heavy-duty tow rotation list and
termination of the towing service agreement.
TOWER AND RECOVERY OPERATOR — Shall have the same meaning as a "towing and recovery
operator" as defined in Code of Virginia § 46.2-100.
TOWING ADVISORY BOARD — The City of Fredericksburg Towing and Recovery Advisory Board.
TOWING BUSINESS — A tower towing and recovery operator that: has operated in operation at least
one location within the City for a minimum of one year,. Each towing business shall own/lease, owns
or leases, controls, and maintains its own storage lot, vehicles and equipment as required by this
division, and shall have has its own employees, business license and insurance. The office of each
towing business shall have an attendant available to take calls and release vehicles at least between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (except for state or federal holidays).
Each towing business must maintain Ccompliance with all zoning regulations of the City shall be
maintained at all times. The towing business must also maintain compliance with Chapter 58, Article
VIII of the City Code when performing towing of motor vehicles from private property, as applicable.
For purposes of this division, multiple corporations, partnerships, sole proprietorships or other legal
entities owned or controlled by one or more members of a single household are deemed to
constitute a single towing business.
TOWING ROTATION LIST — The list maintained by the Chief of Police of those authorized towers
authorized that have been approved to respond City-wide to law enforcement personnel's
requests for the towing of vehicles.

TOWING SERVICE AGREEMENT — The agreement between the Police Department and an
authorized tower under which the authorized tower performs law enforcement initiated towing
services, and which covers all towing and recovery operators who are employed by that
authorized tower.
§ 58-325. Application for standard towing service agreement and inclusion on tow or heavyduty tow rotation list.
A. A towing business may apply for inclusion on the towing or heavy-duty tow rotation list by
submitting an annual application on a form to be prescribed by the Chief of Police, along
with an application fee.
B. The application must include the signature of an authorized representative of the
applicant confirming that if qualified as an authorized tower, the applicant shall
indemnify and hold harmless the Fredericksburg Police Department as provided by City
Code § 58-327D.
C. Before implementing any application fee increase, the Chief of Police must first provide
the Towing Advisory Board with an opportunity to review and comment on the proposed
increase.
§ 58-326. Application approval.
A.

The Chief of Police shall conduct an investigation to determine investigate the accuracy of
the information contained in the application and shall annually inspect the equipment to be
used and the storage lot to be used. If a tower towing business changes the location of its
storage facility, a new application and inspection of the facility is required for approval of
the facility.

B.

Upon completion of the investigation the The Chief of Police shall determine whether, based
on the information provided in the application and verified through the investigation, the
applicant satisfied the definition of a towing business as provided in this division. If the
applicant is qualified, the Chief of Police shall approve the application and countersign the
standard towing service agreement and the qualified applicant's name shall be placed on
the tow rotation or, as appropriate, on the heavy-duty tow rotation list as an authorized
tower. Except as otherwise provided herein, the only modification to an approved towing
service agreement the standard agreement shall be as to the type of towing vehicles the
authorized tower will supply, provided that new equipment passes inspection as provided
by City Code § 58-331. Other modifications, including assignment, will require a new
application.

C.

If the Chief of Police finds the applicant unqualified, the application will be denied. The
applicant must be notified in writing of the denial and the reasons for the denial. he or
she shall indicate the reasons, in writing, and return the application to the applicant. An
applicant may appeal a denial by submitting a written notice of appeal within 15 calendar
days of the date of the denial. The appeal must state the reasons for contesting the denial
and include any supporting documentation. Appeals shall be reviewed by the Towing
Advisory Board, which shall issue a written decision within 30 days of an open public meeting
of the Board.

§ 58-327. Insurance.
No towing service agreement shall be signed until the tower towing business has provided the
Chief of Police with evidence of the following insurance coverage for the duration of this
agreement by a company or companies licensed to do business in the commonwealth.
A.

The authorized tower Tower shall be required to carry garage keeper's legal liability
insurance for enclosed storage lots in the minimum amount of $75,000 to cover fire, theft,
windstorm, vandalism and explosion for each lot. Authorized towers Towers on the heavyduty wrecker tow rotation list shall carry garage keeper's legal liability insurance in the
amount of $200,000.

B.

Commercial general liability insurance Insurance sufficient to cover any and all claims of loss,
damage or bodily injury, resulting from its acts or incurred in the operation of the authorized
tower's business equipment and vehicles, damages, and premises liability pursuant to the
towing service agreement in the amount required by the Code of Virginia § 46.2-2143.1 for
a state (vehicle liability policy), and general or umbrella coverage in a minimum amount of
$1,000,000.

C.

Insurance sufficient to cover claims under the Virginia Worker's Compensation Act if
applicable, for all of its employees. If any work is sublet pursuant to City Code § 58-328K,
the subcontractor shall provide the same similar coverage.

D.

The tower towing business shall indemnify and hold harmless the City, its agents, employees
and representatives from any and all claims casualties, damages or injuries out of its actions
pursuant to the agreement to the fullest extent of the law.

E.

Towers The towing business shall name the towing advisory board Towing Advisory Board,
the Fredericksburg Police Department, Chief of Police and the City as additional insureds on
its policy and provide a certificate of insurance showing same to the Chief of Police.

§ 58-328. Duties and requirements of authorized towers.
A.

Authorized towers shall, at the request of law enforcement personnel and as directed by
the officer, tow vehicles in the City in a manner that is damage-free to the towed vehicle
and by the most safe and direct route.

B.

Authorized towers shall comply with all applicable federal, state and local laws, including
but not limited to, the securing of all necessary federal, state and local licenses and
registration fees. All authorized towers shall display a WT-TAG (Tow Truck for Hire) or a
Virginia apportioned tag while maintaining at least $1,000,000 in liability insurance. All
authorized towers must be current in all financial obligations to the City including all tax and
license obligations.

C.

All authorized towers shall provide towing services in accordance with this division and the
towing service agreement 24 hours/day, 365 days/year.

D.

Authorized towers shall have available at all times sufficient qualified personnel to receive
calls and execute all requested towing services. Authorized towers must give 24 hours’ prior
notice of a change in phone number to the Chief of Police.

E.

Authorized towers shall have at least one regular tow truck and one rollback consistent with
the towing services agreement to perform services under this division.

F.

Time is of the essence in the performance of services. The authorized tower shall arrive on
at the requested towing scene within 30 minutes of receiving a call notice from law
enforcement personnel, with a grace period of 10 minutes if the authorized tower contacts
the requesting law enforcement agency personnel within the first 25 minutes after receiving
notice the call. If such time limit is not met, the officer will notify a second authorized tower
and service from the first authorized tower is considered canceled and neither the City nor
the vehicle owner shall be liable for any payment to the first authorized tower notified. Heavyduty towers are exempt from the thirty-minute time limit, so long as they contact the
requesting law enforcement agency personnel within the first 25 minutes of receiving the
call and they arrive on at the scene in a reasonable and timely manner.

G.

The authorized tower will not be held responsible for unavoidable delays caused by
circumstances beyond its control such as natural disasters or acts of God. However, if in the
judgment of the Chief of Police, excessive delays are caused by circumstances within the
authorized tower's control such as negligence, lack of manpower, poorly conditioned
equipment, etc., the Chief of Police may recommend to the towing advisory board Towing
Advisory Board that the authorized tower be suspended or terminated
suspended/terminated from the list.

H.

Authorized towers shall follow all rules specified in the towing services agreement and
consistent with police policy. respond to calls for towing using only their own equipment
and personnel. Calls shall not be passed on to another tower.

I. If a tow truck is not available or the authorized tower cannot, for whatever reason,
respond within the time required by this chapter, the tower shall immediately indicate to the
dispatcher that it cannot respond and the reason why. The dispatcher shall then notify the next
authorized tower on the list.
J. If upon arrival at the towing scene, the tower determines that the towing vehicle brought
will not be sufficient, the tower will be permitted by the officer to notify his towing business to
get the necessary additional equipment, which shall arrive at the scene within 30 minutes of
the notification.
K. Initial response to calls for service to any towing business by towing equipment from
another towing firm, regardless of ownership, is prohibited. The initial tower may, however
contract with another authorized tower to assist at the scene if specialized equipment not
normally owned by a towing company is needed, and he reasonably believes that additional
assistance is necessary in order to perform a safe and damage-free tow.
L.

All equipment used by authorized towers must be in good working order.

M. Authorized towers may use crossovers located on the interstate only when directed to do
so by the officer pursuant to Code of Virginia § 46.2-920.1.

N. All authorized towers shall have the towing business name, address (as required by state
law) and telephone number printed on both sides of the towing vehicle in letters and numbers
of such size, shape and color as to be readily legible during daylight hours from a distance of 50
feet while the vehicle is not in motion.
O. Authorized towers can use any equipment they own to assist them at the scene and to tow
the vehicle as long as the authorized tower is initially on the scene within the allotted time
frame.
P. All authorized towers shall have a business card which contains the following information:
name of towing business, address of business (no P.O. Box numbers), telephone number and
after hours number if necessary. All tow vehicles shall be stocked with a supply of such business
cards sufficient to ensure that cards are available for distribution to citizens whose vehicles are
towed and to other interested parties.
Q. All towing operators shall possess a valid Virginia driver's license or commercial driver's
license (as may be required by law) and shall be qualified to operate the tow vehicle and its
equipment. Authorized towers shall ensure that all of their employees meet these
requirements.
R. Authorized towers shall remove all litter, glass and debris caused by the incident which
necessitated towing, excluding the contents of a load carried by a private or commercial truck,
van, or similar vehicle.
§ 58-329. Required vehicles and equipment of authorized towers.
A.

Pursuant to the towing service agreement, the authorized tower shall make available a
rollback, with at least an 8,000 pound winch and a deck rating of a minimum 7,000 pounds,
which shall be maintained in good condition with the Virginia license plates, current Virginia
inspection stickers, and SCC license.

B.

Towers who desire inclusion on the heavy-duty tow rotation list shall make available a tow
truck, hereinafter known as a heavy-duty wrecker, equipped with a wrecker crane capable
of lifting at least 50,000 pounds and capable of towing at least 80,000 pounds. It shall be
equipped with (i) a wheel lift or under-reach of sufficient size to tow all types of trucks,
tractor and trailers without damage, (ii) a heavy-duty sling, (iii) air brakes, (iv) and an
auxiliary air supply capable of tying into the air brakes of the disabled vehicle to enable safe
towing under the braking control of the tow truck.

C.

Each of the motor vehicles enumerated above shall be standard vehicles originally designed
and built as tow trucks and shall not be pickup trucks with tow slings in the body. An
exception to the above allows a vehicle designed to retrieve a vehicle from "off road" such
as rugged terrain, woods, etc., to be used for this purpose. This exception only applies in
recovery of the vehicle in moving it to a location where it can be safely towed by a regular
wrecker, rollback, or a heavy-duty wrecker.

D.

Each of the motor vehicles enumerated above, unless otherwise specified shall be equipped
with the following items as a minimum requirement:

(1) A chassis rated with sufficient gross vehicle weight to match the maximum capacity of
the crane mounted thereon.
(2) One five- pound ABC or one 10 pound ABC fire extinguisher.
(3) Two operable amber revolving or flashing emergency lights, mounted on the highest
part of the vehicle and visible from all sides.
(4) One heavy-duty street broom and one shovel.
(5) Liquid absorbent source/stay dry for small cleanups.
§ 58-329330. Fees and compensation.
A.

An authorized The tower shall issue an itemized receipt for payment for towing and storage
services to the owner or responsible party of the towed vehicle. Said receipt shall also
include a signature line for the owner or responsible party acknowledging receipt of the
vehicle.

B.

Authorized towers may charge reasonable fees for services rendered under a towing service
agreement, in accordance with this division.
1. For standard, non-heavy-duty towing, authorized towers may only charge fees for
the services identified in the table found at § 58-329C, and may not charge an
amount in excess of the identified maximum in the table. No fee may be charged
for services not identified in the table found at § 58-329C.
2. For heavy-duty towing, authorized heavy-duty towers may not charge a fee in
excess of the maximum amount listed for a service identified in the table found at
§ 58-329D. Fees may be charged for services other than those listed in the table
found at § 58-329D if the fee is reasonable.

Fees include basic "cleanup" (sweeping street for glass, etc.) and exclude reasonable recovery
fees. The maximum amounts are below:

Maximum amount
Storage fee

Basic Tow

Basic Accident

$150

$225

$50/day (Tower may begin
charging storage fee 24
hours after the vehicle
is towed)

Administrative fee after 72 hours (3 days)
$90
C.

Allowable fees and maximum fee amounts for standard, non-heavy-duty towing:

Service

Maximum amount
allowable

Basic law enforcement tow (accident) with basic clean up

$325 or
$375 after-hours

Additional clean up, including, but not limited to, a need for more
than five gallons of absorbent or removal of trees or other
excessively large items. (This fee may not be charged if
winching/recovery fees are applied.)

$50

Basic law enforcement tow (non-accident - impound, disabled)

$200 or
$225 after-hours

Second tow truck required (does not include for tows related to a
mechanic's lien or storage lien)

$175 or
$200 after-hours

Drop fee

$25

Release Fee (after-hours only)

$65

Visit to vehicle

$20 per visit (third and
subsequent; no charge
for first two visits)
$65.00 per visit (after
hours)

Daily vehicle storage fee, calculated per 24-hour period (no charge if
picked up within twenty-four (24) hours of arrival at storage site, and
no storage fees may be charged for any period during which the
owner of the vehicle was prevented from recovering the vehicle
because the authorized tower was closed).
Cutting off locks (boat/trailer)

$75.00 per unit

$35.00

Tarp fee

$55.00

Administrative fee (as defined by this division)

$250.00

Winching/recovery fees (20-74 feet)

$125.00

Winching/recovery fees (over 75 feet, overturned, tree cutting, etc.)

$200.00

Standby fee (called to scene and asked by law enforcement
personnel to wait, may not be charged during first hour)

$100.00 per hour, after
first hour

Extra laborer

$65.00 per hour, per
non-operator employee
$25.00 per call

Fuel surcharge (may be charged when the Weekly U.S. Retail Diesel
Price for the Lower Atlantic Region as reported by the U.S.
Department of Energy is over $4.00 per gallon)

D.

Maximum fee amounts for certain heavy-duty towing services:

Service

Maximum amount
allowable

Basic law enforcement tow (accident) with basic clean up

$800 (up to 2 hours)
and $400 for each
additional hour

Additional clean up, including, but not limited to, a need for more than
five gallons of absorbent or removal of trees or other excessively large
items.

$50

Daily vehicle storage fee, calculated per 24-hour period (no charge if
$100.00 per unit
picked up within twenty-four (24) hours of arrival at storage site, and
no storage fees may be charged for any period during which the owner
of the vehicle was prevented from recovering the vehicle because the
authorized tower was closed.)
Cutting off locks (boat/trailer)

$35.00

Tarp fee

$55.00

Administrative fee (as defined by this division)

$250.00

Extra laborer

$65.00 per hour, per
non-operator
employee

Release Fee (after hours only)

$65.00

§ 58-330331. Storage and security of vehicles by authorized towers.
A.

All authorized towers shall have a secured lot for storage of vehicles towed under this
division. The storage lot and tow business shall be located within the City of Fredericksburg.
A storage facility may also consist of a building dedicated to the inside storage of vehicles.

B.

The storage lot shall have a sign posted in a conspicuous place identifying the towing
business’ firm's name and telephone number.

C.

The storage lot shall have a graveled or paved surface unless it is an inside storage facility.

D.

The space available in a storage lot for each tower authorized tower shall be 1,500 square
feet minimum. Shared lots are allowed provided they meet the minimum required space of
1,500 square feet per tower authorized tower.

§ 58-331332. Inspections of authorized towers.
A.

All of the tow vehicles, required equipment and storage facilities shall be inspected and
approved by the Chief of Police prior to initial use. The Chief of Police may periodically
inspect any tow trucks, equipment and storage facilities used under this division. The tow
truck inspection shall take place at a location designated by the Chief of Police. There will be
an annual inspection of all tow trucks, equipment and storage facilities used under this
division. An annual inspection fee of $25 $50 will be charged for each vehicle inspected. The
annual inspection of the vehicles will occur on or about the anniversary date of the
authorized tower's application approval.

B.

The Chief of Police shall give the authorized tower written notice when the vehicle or storage
facility is found to be unacceptable. Upon a request for reinspection or a request for an
inspection outside of the annual schedule for substitution or addition of new vehicles, the
inspection fee shall apply.

C.

Unacceptable tow trucks and equipment or storage facilities shall not be used by a an
authorized tower in the performance of obligations under a towing service agreement until
replaced, repaired or otherwise brought into compliance and approved by the Chief of Police.

D.

Failure to comply with any of the conditions stated above in Subsections A, B and C shall
result in suspension of the tower from the tow or heavy-duty tow rotation list until the
corrections have been made.

§ 58-332333. Responsibilities and records of authorized towers and Police Department.
A.

If an owner or lien holder fails to claim any vehicle or if a an authorized tower wants to
satisfy any lien which it has on a vehicle, it shall be the authorized tower's responsibility to
dispose of or sell the vehicle in compliance with the Virginia State Code.

B.

Tower The authorized tower shall be reasonably responsible for vehicle(s) towed and any
contents from the time the vehicle is towed until one of the following events occur:
(1) The vehicle is delivered to a location specified by the owner or other authorized person
authorized in a written and signed statement from the owner or lien holder.
(2) The vehicle and property is released to and accepted by the owner or authorized person
authorized in a written and signed statement from the owner or lien holder in the same
condition as originally towed. A facsimile or electronic authorization shall be acceptable
as a form of release from the owner of the vehicle along with photocopy of photo
identification.
(3) The vehicle is otherwise disposed of according to law.

C.

The towing business authorized tower shall keep records of all vehicles which have been
towed pursuant to the towing service agreement. These records shall include, at a minimum,
the date and time of the tow, the name of the towing and recovery operator(s) that
performed the work, the vehicle's license plate number and state of issue, the model and
color of vehicle, the location from which it was towed, the itemized charges for towing and
storage, the disposition of vehicle and date of disposition, and an inventory of items of value.
(1) Such records shall be available for inspection by the Chief of Police during the
authorized tower's normal business hours.
(2) The towing business shall retain a copy of these records for at least 12 months from the
date of tow.

D.

Towers Authorized towers shall promptly arrange for the release of vehicles towed or stored
pursuant to this division. There must be an attendant on duty from the hours of 8:00 a.m.
through 5:00 p.m., except on weekends and state or federal holidays, for the purpose of
permitting inspection or release of stored vehicles. After hours, the owner authorized
towers or an attendant must be available by telephone message or answering service.

E.

Towers Authorized towers, upon receiving shall respond within one hour of being notified
of a request to release or permit an inspection of a stored or seized vehicle from the owner,
operator or other authorized person during other than normal business hours. , shall allow
and otherwise require one hour's notice for the release of such vehicle. All fees charged for
any after-hours release/inspection shall be reasonable in light of those charged by other
towers in the City for comparable service.

F.

Towers Authorized towers shall comply with the rights of owners of vehicles as set forth in
Code of Virginia § 46.2-1217. Additionally, authorized towers must allow for the retrieval of
personal property from the vehicle and shall not require that payment for towing and
storage be rendered prior to providing such access to the vehicle to the owner or operator. A
fee may be charged for after-hours access to the vehicle but such fee must be reasonable in light

of those charged by other towers in the City for comparable service.
G.

Towers Authorized towers shall not release any vehicle designated as "seized," “held
pending further action,” or "seized for forfeiture" by the Police Department or other law
enforcement agency until the authorized tower obtains permission from the requesting
agency. The tower shall bill the requesting agency for the cost of the tow and storage.

H.

Towers Authorized towers agree to abide by decisions of the towing advisory board Towing
Advisory Board in the resolution of complaints against them.

§ 58-333334. Rotation system for authorized towers.
A.

The Chief of Police shall ensure that authorized towers are called on a rotating basis
according to the tow or heavy-duty tow rotation list and when heavy towing is required, the
heavy-duty tow rotating list.

B.

The owner or operator of a vehicle to be towed shall be allowed to specify the tower of his/
her their choice, whether or not the tower is an authorized tower by the Chief of Police or
other law enforcement personnel, unless the vehicle constitutes a traffic hazard and the
requested tower will have an unacceptable response time.

C.

Unless at the vehicle owner or operator's request, the Chief of Police or other law
enforcement personnel shall not call a tower who does not have a towing service agreement
with the Police Department unless all authorized towers on the towing rotation list are
unavailable or an emergency exists.

D.

The Police Department on duty wWatch cCommander on duty may temporarily suspend the
tow or heavy-duty tow rotation list for reasons such as, but not limited to, bad weather or
any unusual events. However, any towers towing businesses which are randomly used at
the request of an officer during suspensions of the list must be reported to the Emergency
911 Communications Center communications office for record purposes. In the event that a
If an authorized tower responding to a call is not used, for reasons not the fault of the
authorized tower, the authorized tower will be placed back on top of the tow or heavy-duty
tow rotation list.

E.

The officer Law enforcement personnel at the scene may reject the services of the
authorized tower dispatched when said authorized tower arrives unfit to perform the tow.
Unfitness shall include but is not limited to possession of inadequate equipment to perform
the tow or operation by personnel who, due to apparent intoxication or other incapacity,
are not able to perform the tow safely. In the event that If the authorized tower is
determined to be unfit, law enforcement personnel the officer shall notify the Emergency
911 Communications Center communications personnel to dispatch the next authorized
tower on the list, shall report said decision to the on duty Watch Commander senior patrol
supervisor on duty, and shall file a written report with the Chief of Police. An authorized
tower who responds to a call with inadequate gear and/or is otherwise unfit to perform the
tow will lose that turn in the rotation and fall to the bottom of the list.

F.

The Police Department Law enforcement personnel will call another authorized tower if the
first authorized tower fails to answer the telephone or a busy signal is received after two

attempts within five minutes.
G.

This is an equal call system, giving each authorized tower equal opportunity to respond. If
an authorized tower does not answer his/her the telephone or refuses the call, the
authorized tower loses that turn in rotation, falls to the bottom of the list, and will not be
called until the list rotates to the authorized tower's name again.

§ 58-334335. Solicitation of business by authorized towers.
A.

No authorized tower shall respond to an accident for the purpose of towing vehicles unless
specifically called there by the Police Department, other law enforcement personnel, or the
person involved in the accident or emergency. Violation of this section shall result in
suspension from the towing tow or heavy-duty tow rotation list for 30 days for the first
offense, 60 days for the second offense and termination from the tow or heavy-duty tow
rotation towing list for a third offense. Violations of this section shall may also be punishable
as a class three misdemeanor, regardless of the rotation list impacts.

B.

The officer Law enforcement personnel may direct the authorized tower to provide
necessary services in such instances when immediate assistance is necessary to protect
persons or property.

C.

Towers Authorized towers are prohibited from soliciting business at the scene of accidents;
however, an authorized tower is not otherwise prohibited from contracting with any person,
firm or corporation.

§ 58-335336. Prohibited acts.
A.

Violation of any provision of this division may subject the authorized tower to suspension
from the towing tow or heavy-duty tow rotation list. Violations shall include, but are not
limited to, the following:
(1) Deliberate failure of an authorized tower to respond to a call, after accepting it.
(2) Securing a towing service agreement by fraud or concealment of a material fact which,
if known, would cause disapproval of the application.
(3) Violation of the towing service agreement.
(4) Chronic or repeated violations, even if minor in nature, of this division; and/or
(5) A single serious violation of this division, including but not limited to:
(a) Running vehicular accidents Arriving at the scene of a crash without being summoned
to take the call;
(b) Overcharges;
(c) Alcohol or drug use while operating a vehicle or other towing equipment;
(d) Repeated failure to take a call and/or tardiness in responding to calls Failure to take a
call or unexcused tardiness for more than 20 percent of standard tow calls or fifty
percent of heavy-duty tow calls in a six-month period;

(e) Failure to notify the Chief of Police with immediate changes regarding insurance,
taking on a new partner(s), owner(s), agent(s), corporate officer(s) or any other
changes regarding anything listed in the application for towing service;
(f)

Fraudulent acts with respect to this division;

(g) Failure to remain current in financial obligations to the City;
(h) Failure to comply with the requirements of this division.
B.

Repeated violation of this division by an authorized tower shall result in suspension or
termination from the tow or heavy-duty tow rotation list. Such decisions will be rendered
by the Chief of Police.

§ 58-336337. Complaints.
A.

Any person who believes an authorized tower has violated this division may file a complaint
against such authorized tower. The complaint shall be in writing, filed with the Chief of Police
and directed to the Towing Advisory Board tow board. The Chief of Police or the tow board
shall provide a copy of the complaint to the authorized tower.

B.

The Towing Advisory Board tow board shall investigate all complaints properly received. All
investigations shall proceed in the following manner:
(1) The Chair of the Towing Advisory Board tow board will determine if the complaint is valid
based on the creditability and sufficiency of the complaint alleging a founded violation of this
ordinance or the towing agreement.
(2) If valid, the tow board Chair will send a written initial determination to all Board Members,
the complainant, and the authorized tower, and the Towing Advisory Board may satisfy the
complaint through informal mediation.
(3) If mediation is not appropriate feasible or unsuccessful, or if a complainant disputes, in
writing, the Chair’s determination of the complaint’s validity on matters subject to the
authority of the Towing Advisory Board within 15 days of the written determination by
the Chair, the Towing Advisory Board tow board may recommend schedule a hearing
with regard to resolve the complaint. Depending on the severity of the complaint, the
Towing Advisory Board may order the temporary suspension of an authorized tower
pending a hearing and written determination.

C.

In the event that a member of the Towing Advisory Board tow board panel lodges a
complaint against another authorized tower, said Towing Advisory Board tow board member
shall be excused from not participate in the investigative proceedings or the hearing
proceedings other than as a witness.

D.

The Towing Advisory Board tow board shall notify the complainant and the authorized tower
in writing of the resolution of a complaint. A copy of the resolution shall be forwarded to
the Chief of Police.

§ 58-337338. Hearing and appeals process.
A.

The Chair of the Towing Advisory Board tow board shall notify the complainant and the
authorized tower in writing of the decision to deliberate the validity of a complaint or
conduct a hearing to resolve a complaint. The notification shall state the date, time, and
location of the scheduled hearing and the hearing shall be conducted within 60 days of the
determination of a valid complaint or a written dispute of such determination of validity of
a matter subject to the authority of the Towing Advisory Board.

B.

In a hearing called to resolve a complaint against a an authorized tower, the complainant
shall be responsible for presenting the allegations against the accused authorized tower to
the Towing Advisory Board tow board members. The hearing may be conducted in person
or virtually so long as the Towing Advisory Board has valid electronic meeting rules in place.
by phone so long as the tow board members themselves attend the hearing in person. Both
the complainant and the authorized tower will be permitted to present evidence and
testimony related to the complaint. Witnesses, including The the Chief of Police, if presenting
evidence, shall not be present during the testimony of other witnesses. will not be present
during the hearing unless he or she is providing evidence or testimony.

C.

Unless exempted pursuant to Code of Virginia § 2.2-3711, All tow board Towing Advisory
Board hearings shall be open to the public. and noticed per the requirements of the Virginia
Freedom of Information Act. Hearing dates, times, and locations shall be posted at least
three days prior to such hearing (i) on the official City government website, (ii) by placing
such notice in a prominent public location at which notices are regularly posted, and (iii) by
placing such notice at the office of the clerk of the council.

D.

All tow board Towing Advisory Board hearings shall may be recorded and may be
transcribed. Such transcriber (or a neutral party in attendance designated to review and
approve an automated transcription service if consistent with City policy) shall not be
a current member of the Towing Advisory Board tow board and shall not be affiliated with
any authorized tower on the tow or heavy-duty tow rotation list. Transcription, if used, shall
not be in lieu of minutes.

E.

The Towing Advisory Board tow board shall notify the complainant and the accused
authorized tower in writing of the findings from the hearing and what actions, if any, will be
taken in response to the findings. A copy of the decision will be sent to the Chief of Police.

§ 58-338339. Amendments to ordinance.
A.

The tow board Towing Advisory Board is authorized to recommend revisions to this division.

B.

Revisions shall be in effect from the date on which they are adopted by the Fredericksburg City
Council, unless otherwise provided in the ordinance.

C.

Towers on tow rotation list Authorized towers shall be given written notification of any
changes 10 days prior to the revision being adopted if practicable. They may cancel their
participation on the tow or heavy-duty tow rotation list if they do not wish to accept the
revision.

§ 58-339. Suspension or termination of authorized towers.
A. The Police Chief, upon investigation of the facts in connection with an alleged violation of
this ordinance or complaint against an authorized tower may recommend their suspension or
termination from the tow or heavy-duty tow rotation list by the Towing Advisory Board.
B. If the Chief of Police believes the authorized tower has committed a violation of this division
that affects public safety, the Chief of Police may administratively suspend the authorized
tower until the Towing Advisory Board conducts its hearing and makes its findings.
Sec. III. Effective date.
The ordinance shall be effective October 6, 2026.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
Approved as to form:

___________________________
Kelly Lackey, City Attorney
***************

Clerk’s Certificate
I certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a
true copy of Ordinance No. 26- xx adopted at a meeting of the City Council held Date, 2026 at
which a quorum was present and voted.

____________________________________
Brenda T. Martin
Clerk of Council

ITEM #11C

MEMORANDUM
TO:
FROM:
SUBJECT:

DATE:

Timothy J. Baroody, City Manager
Betsy Mason, Chief of Police, FPD
Amending Fredericksburg City Code, Chapter 34, Sections 34-33 and 34-67,
Relating to the Regulation of Private Alarm Systems, to Clarify the Required
Procedure for Serving Notices of Violation and Notices of Revocation or
Suspension of Alarm Permits
August 25, 2026 (for the September 8, 2026 Council Meeting)

ISSUE
Shall City Council adopt amendments to City Code Chapter 34, Sections 34-33 and 34-67 to
revise and make clear the manner of service for notice of violation and notice of permit
suspension or revocation for private alarm systems and false alarms?
RECOMMENDATION
Yes. Fredericksburg City Code Chapter 34, Article II governs the regulation of private alarms
systems and false alarms as is necessary to promote the health, safety and welfare of the
people of the City. The revisions identified below will clarify the manner of service in such a
way that will both responsibly manage the fiscal resources of the Police Department as well as
continue to ensure that such service is reasonably calculated to provide proper notice.
DISCUSSION
Pursuant to City Code Chapter 34, Sections 31-69, the Police Department administers and
monitors all registered residential and commercial alarms. The Department is responsible for
processing all applications for alarm permits, recording false alarms, assessing fees and
suspending service. There is significant staff time required to send certified letters for written
notice of violations or suspensions that are often returned as unclaimed. There is also a
significant cost to the Police Department to send certified letters. First class mail is an
acceptable method to notify the permit holder who is identified in the permit application. If
adopted, first class mail will be used for notice of violation and notice of permit suspension or
revocation for private alarm systems and false alarms.

Memo on Alarm Procedures Update
September 8, 2026
Page 2 of 2

FISCAL IMPACT
Adopting the ordinance will not incur any costs. It will reduce police operating costs.
Attachment:
Draft Ordinance Amendment

2

MOTION:

DRAFT
Regular Meeting
Ordinance No. 26-_

SECOND:
RE:

Amending Fredericksburg City Code, Chapter 34, Sections 34-33 and 34-67,
Relating to the Regulation of Private Alarm Systems, to Clarify the Required
Procedure for Serving Notices of Violation and Notices of Revocation or
Suspension of Alarm Permits

ACTION:

APPROVED: Ayes: 0; Nays: 0

FIRST READ:
Sec. I.

SECOND READ:
Introduction.

Fredericksburg City Code Chapter 34, Article II governs the regulation of private alarms systems
and false alarms, as is necessary to promote the health, safety and welfare of the people of the
City. The provisions that govern the manner of service for notices of violation and notices of
permit suspension or revocation should be revised to make the required manner of service clear.
The revisions identified below will clarify the manner of service in such a way that will both
responsibly manage the fiscal resources of the Police Department as well as continue to ensure
that such service is reasonably calculated to provide proper notice.
Sec. II. City Code amendment.
Chapter 34, Sections 34-33, “Violations; Penalties” and 34-67, “Suspension or
revocation”, are hereby amended to add the underlined language and delete the
language shown in strikethrough as follows:
§ 34-33. Violations; Penalties.
...
D. The Chief of Police shall have the authority to issue written notices of violations of this section.
Proper notification shall be deemed to have been made when a certified letter has been sent by
first-class mailed to the address of record last known address of the alleged violator or to the
residence of the permit holder as submitted on the permit application or as subsequently
updated by an alarm user. All fines due under this section shall be paid directly to the Police
Department.

§ 34-67. Suspension or revocation
...
B. Upon revoking or suspending a permit, the Chief of Police shall send by first-class mail written
notice of the revocation or suspension to the alarm user stating the reason therefore, the
duration of the suspension if applicable, and the conditions under which the permit will be
reinstated. The written notice shall inform the alarm user that police response to the alarm will
be discontinued during the period of revocation or suspension. The written notice shall inform
the alarm user of an administrative process through which to appeal the revocation or
suspension.

Sec. III. Effective date.
This ordinance shall be effective upon adoption.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
Approved as to form:

___________________________
Kelly J. Lackey, City Attorney

***************

Clerk’s Certificate
I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and
that the foregoing is a true copy of Ordinance No. 26- duly adopted at a meeting of the City
Council meeting held Date, 2026 at which a quorum was present and voted.
____________________________________
Brenda T. Martin
Clerk of Council

ITEM#11D

MEMORANDUM
TO:
FROM:
RE:
DATE:

Timothy J. Baroody, City Manager
Amanda L. Six, Finance Director
LaToya Marshall-Gronhoff, Senior Budget Analyst
Authorizing Use of $1,069,143 of Motor Fuels Tax Funds for Various
Transportation Projects
September 1, 2026 (for the September 8, 2026 Council Meeting)

ISSUE
Shall the City Council allocate surplus motor fuels taxes for various transportation projects
included in the FY 2027 budget?
RECOMMENDATION
Staff recommends adoption of the attached resolution, which requires one reading.
BACKGROUND
The City of Fredericksburg, as a member of the Virginia Railway Express (VRE) and the Potomac
and Rappahannock Transportation Commission (PRTC), receives a 2.1 percent tax on wholesale
motor fuels sold within the City. The primary purpose of this tax is to provide funding for the
VRE and PRTC. Any revenue received by the City above the required support levels may be used
for other eligible transportation purposes.
To access these surplus transportation funds, City Council must adopt and transmit a resolution
to PRTC identifying the projects and requesting that funds be reserved for reimbursement. As
project expenditures are incurred and payments are made, the City submits reimbursement
requests to PRTC staff.
The attached resolution requests funding allocations for transportation projects included in the
adopted FY 2027 budget, including the following:
Uses of Surplus Motor Fuels for Various FY 2027 Projects
Project or Purpose
Annual Paving Project
FXBGo! Transit Operations
Stafford Regional Airport
Total

Amount
Fund
$400,000 Public Works
Capital
$647,713 Transit
$21,430 General
$1,069,143

Notes
City of Fredericksburg’s share
Operating Agreement

Memo: Request to Allocate Motor Fuels Taxes for Various Transportation Projects
September 1, 2026 (for the September 8, 2026 City Council Meeting)
Page 2 of 2

The above table does not include allocations previously approved for support of the VRE and
PRTC in the current fiscal year. The City’s FY 2027 support for these functions is $680,457 for
the VRE and $26,600 for the PRTC.
The total request for FY 2027 purposes for the surplus motor fuels tax, combining the VRE and
PRTC with the attached resolution, is $1,776,200.
General Update – Motor Fuels Tax
Historically, motor fuels tax revenues have fluctuated with fuel prices. In prior years, the City
allocated these revenues to three primary purposes: support for VRE and PRTC, the City’s share
of FXBGO! Transit operations, and debt service for the Sophia Street Parking Garage. FY 2026
represented the final year of debt service payments for the Sophia Street Parking Garage. In
recent years, surplus motor fuels tax revenues have also been used to support the City’s annual
asphalt paving program.
The City has a balance at the PRTC of unspent prior year’s collections, which may be used for
transportation projects. At the close of January 2026, the unencumbered balance was
$1,845,197. Projected revenue for FY 2026 is $1,383,655.
The table below reflects the estimated motor fuels tax fund balance at the close of FY 2026,
based on revenue projections provided by PRTC.
Motor Fuels Tax Projection for FY 2026
Unencumbered Motor Fuels Tax Balance – Close of FY 2025
Deduct: VRE & PRTC for FY 2026
Deduct: FY 2026 Utilization of Motor Fuels Tax
Add: Revenues for FY 2026 – Projection

1,167,299
(705,757)
(1,100,597)
1,383,655

Projection – Close of FY 2026

744,600

FISCAL IMPACT
The attached resolution will enable the City to draw on its motor fuels tax reserves for FY 2027
as planned in the amount of $1,069,143.
Attachment: Resolution Authorizing Use of $1,069,143 of Motor Fuel Tax Funds for Various
Transportation Projects

MOTION:

September 8, 2026
Regular Meeting
Resolution 26-__

SECOND:

RE:

Requesting the Potomac and Rappahannock Transportation Commission
Authorize the Use of Surplus Motor Fuels Taxes for Various Transportation
Projects

ACTION:

APPROVED: Ayes: ; Nays:

The City of Fredericksburg (“the City”) is a member of the Potomac and Rappahannock
Transportation District (“the District”), a transportation district created pursuant to the
Transportation District Act of 1964 (Code of Virginia §33.2-1900 et seq.).
The Potomac and Rappahannock Transportation Commission (“PRTC”) is the governing body of
the District.
The Commonwealth of Virginia levies a tax of 2.1 percent of the sales price charged to a
distributor for fuels sold to a retail dealer for retail sale in the District, which participates in the
operation of a rail commuter mass transportation system (Code of Virginia §58.1-2295).
All taxes paid to the State Tax Commissioner, after subtraction of the direct costs of
administration by the Tax Department, are deposited in a special fund held by the District (Code
of Virginia §58.1-2299).
In Fiscal Year 2027, the City is obligated to provide funds from its motor fuels tax account in the
amounts of $680,457 for the Virginia Railway Express and $26,600 for administrative and capital
expenses of the PRTC.
As of January 31, 2026, the Total Unencumbered Fund Balance in the City’s motor fuels tax
account was approximately $1.8 million.
The City estimates that during Fiscal Year 2027, the City will collect additional motor fuels tax
revenue of approximately $1.38 million.
At the request of the member jurisdiction, surplus revenue from the motor fuels tax may be
expended for any transportation purpose (Code of Virginia §58.1-2299).

September 8, 2026
Resolution 26-__
Page 2

The City will engage in various transportation-related activities including but not limited to
FXBGo! Transit operations, support for the City’s annual paving and reconstruction efforts and
support for the Stafford Regional Airport.
The City desires to use a portion of the surplus revenue from its motor fuels tax account for these
purposes.
Therefore, the City Council of the City of Fredericksburg, Virginia, hereby resolves to request
that the PRTC budget and appropriate the following amounts for these projects:
Stafford Regional Airport
Annual Paving Program
FRED Transit Operations
Total

$

21,430
400,000
647,713
$ 1,069,143

Therefore, the City Manager is hereby authorized and directed to submit to PRTC requests for
reimbursement of expenses incurred by the City in connection with these projects.
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
***************
Clerk’s Certificate
I certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing
is a true copy of Resolution No. 27-, adopted at a meeting of the City Council held September 8,
2026, at which a quorum was present and voted.

____________________________________
Brenda T. Martin
Clerk of Council

ITEM#11E

CITY OF FREDERICKSBURG, VIRGINIA
CITY COUNCIL
City Hall, 715 Princess Anne Street,
Fredericksburg, Virginia 22401
9/08/26

9/22/26

5:30 pm

Work Session
• Fredericksburg Religious Freedom
Alliance Update
• Shopping Center Redevelopment
Phase 3 Update
• Closed Session

Large Conference Room

7:30 pm

Regular Session

Council Chambers

5:30 pm

Work Session

Large Conference Room

7:30 pm
10/13/26

5:30 pm

7:30 pm
10/27/26

5:30 pm

7:30 pm
11/10/26

5:30 pm

7:30 pm
12/08/26

5:30 pm

7:30 pm
Updated 09/02/26

Regular Session
Work Session
Regular Session
Work Session
Regular Session
Work Session
Regular Session
Work Session
Regular Session

Council Chambers
Large Conference Room

Council Chambers
Large Conference Room

Council Chambers
Large Conference Room

Council Chambers
Large Conference Room

Council Chambers

Boards & Commission
Board of Social Services
Central Rappahannock Regional Library
Community Policy Management Team
Fredericksburg Arts Commission
Fredericksburg Area Museum
Fredericksburg Clean & Green Comm.
Virginia's Innovation Crossroads(Fredericksburg Regional Alliance)
George Washington Regional Commission (GWRC)
Fredericksburg Area Metroploitain Planning Organization (FAMPO)
Healthy Generations Area on Aging (RAAA)
Main Street Board
Housing Advisory Committee
Potomac and Rappahannock Transportation Commission (PRTC)
Rappahannock Juvenile Detention
Rappahannock Regional Solid Waste
Rappahannock River Basin
Recreation Commission
Regional Group Home Commission
Town & Gown
Virginia Railway Express Operations Board
Liason Blue Ribbon Steering Committee
City/School Joint Leadership Group
Updated 09/01/2026

Meeting Dates/Time
Bi-monthly 1st Thursday/4:00 pm
Quarterly 2nd Monday/4:30 pm
Thursday after 3rd Tuesday/2:00 pm
3rd Wednesday/7:00 pm
EOM 4th Wednesday/6:00 pm
1st Monday/6:30 pm
Quarterly 3rd Monday/5:00 pm
4th Monday/6:00 pm
3rd Monday/6:00 pm
3rd Wednesday/12:30 pm
3rd Wednesday/8:45 am
As needed
1st Thursday/7:00 pm
Bi-monthly Second Monday/12 noon
Quarterly 3rd Wednesday/1:00 pm
Quarterly/1:00 pm
Bi-monthly 3rd Thursday/6:30 pm
3rd Thursday/4:30 pm
Quarterly/3:30 pm
3rd Friday/9:00 am
1st Wednesday/3:30 pm
Friday/ 7:30 am

Actual Date of Meeting

Members Appointed

Contact Person

October 1 at 4 pm
September 14 Fredericksburg Branch at 4:30 pm
September 17 at 2 pm
September 16 at 7:00 pm
September 23 at 6:00 pm
September 14 at 6:30 pm
October 19 at 5:00 pm
September 28 at 6:00 pm
September 21 at 6:00 pm
September 16 at 12:30 pm
September 16 at 8:30 am
TBD
October 1 at 7:00 pm
September 14 at Noon
December 2 at 1 pm
TBD
September 17 at 6:30 pm
September 17 at 4:30 pm
October 8 at 3:30 pm at Police Dept.
September 18 at 9:00 am
October 7 at 3:30 pm
August 14 at 7:45am

Finn
Devine
Holmes/Whitley
Rowe/Holmes
Rowe
Mackintosh
Devine/Mackintosh
Finn/ Holmes/Crump - Alt.
Finn/Holmes/Mackintosh
Crump
Crump
Frye/Crump
Holmes/Mackintosh - Alt.
Whitley/Frye - Alt.
Mackintosh/Holmes
Holmes/Rowe - Alt.
Finn
Frye/Whitley
Finn/Crump
Holmes/Mackintosh
Devine/Rowe
Frye /Mackintosh

Christen Gallik
Rebecca Purdy
Kristin Shores
Josh Summits
Clarissa Sanders
Kimberly Bastress
Tom Scott
Charles Boyles
Ian Ollis
Patricia Holland
Chris Allen
Planning
Christine Rodrigo
Carla White
Phil Hathcock
Eldon James
Jenny Cassarotti
Davy Fearon, Jr.
Paula Zero
Katie Choe
MC Morris
Baroody/Catlett