City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsNovember 13, 2017Page | 1

City of Manassas, VirginiaCity Council Meeting

AGENDA

City Council Regular Meeting & Public HearingsCouncil Chambers

9027 Center StreetManassas, VA 20110

Monday, November 13, 2017

Call to Order - 5:30 p.m.

Roll Call

Invocation and Pledge of Allegiance

Community and Staff Presentations

Recognition of Amelia Gagnon, Certified Emergency Manager(Staff: Rob Clemons, Fire and Rescue Chief)Agenda Statement - Recognition of Amelia Gagnon, CEM

City Attorney Report

City Manager Report

Chief of Police Report

Council Time

Mayor Time

1. Consent Agenda

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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsNovember 13, 2017Page | 2

All matters listed under the consent agenda are considered to be routine by the City Counciland will be enacted by one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the consent agenda and consideredseparately.

1.1 City Council Minutes: October 23, 2017(Staff: Andrea P. Madden, Assistant to the City Manager - City Clerk)Agenda Statement - City Council MinutesCity Council Minutes: October 23, 2017

1.2 2018 City Council Meeting Calendar(Staff: Andrea P. Madden, Assistant to the City Manager - City Clerk)Agenda Statement - 2018 City Council Meeting Calendar2018 City Council Meeting CalendarDetailed: 2018 City Council Meeting Calendar

1.3 Approve: Resolution #R-2018-09: Application for Virginia Department ofTransportation’s FY2019-20 Revenue Sharing Program(Staff: Matthew Arcieri, AICP, Planning & Zoning Manager)Agenda Statement - Resolution #R-2018-09, Revenue Sharing ApplicationResolution #R-2018-09

1.4 Erosion Control Bond Release: Edge Concrete Interim Plan - SP#16-00000006(Staff: Vanessa Watson, Development Services Coordinator)Agenda Statement - Bond Release - Edge ConcreteBackup - Location Graphic: Edge ConcreteBackup - Site Plan: Edge ConcreteCertificate of Compliance: Edge Concrete

1.5 Erosion Control Bond Release: Micron NW Entrance Upgrade Plan –SP#14-00000022(Staff: Vanessa Watson, Development Services Coordinator)Agenda Statement - Bond Release - Micron Entrance Upgrade PlanBackup - Location Graphic: Micron NW Entrance Backup - Site Plan: Micron NW Entrance UpgradeCertificate of Compliance: Micron NW Entrance Upgrade Plan

1.6 Proclamation: Manassas Recycles Day (Staff: Monica Boehringer, Refuse and Recycling Coordinator)Agenda Statement - Manassas Recycles Day 2017Proclamation - Manassas Recycles Day 2017

2. Ordinances and Resolutions

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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsNovember 13, 2017Page | 3

2.1 Ordinance #O-2018-01: Amendments to the Solid Waste Code (First Reading)(Staff: Monica Boehringer, Refuse and Recycling Coordinator)Agenda Statement - Ordinance #O-2018-01, Solid Waste CodeSummary: Solid Waste Code RevisionsOrdinance #O-2018-01: Marked Up VersionOrdinance #O-2018-01: Clean VersionPowerpoint Presentation - Solid Waste Code Revisions

3. New Business

3.1 Annual Report: Citizens Advisory Committee on Solid Waste(Staff: Monica Boehringer, Refuse and Recycling Coordinator)(Presented by: Catherine Lemmon, Committee Chair)Agenda Statement - CAC Annual Report 2017

3.2 "Keep Manassas Beautiful" Affiliation Ceremony(Staff: Monica Boehringer, Refuse and Recycling Coordinator)

3.3 Presentation: Manassas Recycles Day Proclamation(Staff: Monica Boehringer, Refuse and Recycling Coordinator)

3.4 Memorandum of Understanding for Shared Services Between the City ofManassas and the Manassas City Public Schools(Staff: W. Patrick Pate, City Manager)Agenda Statement - Memorandum of Understanding for Shared ServicesMemorandum of Understanding for Shared Services

3.5 Memorandum of Understanding for Shared Capital Project Planning Betweenthe City of Manassas and the Manassas City Public Schools(Staff: W. Patrick Pate, City Manager)Agenda Statement - Memorandum of Understanding for Shared Capital ProjectPlanningMemorandum of Understanding for Shared Capital Project Planning

4. Citizens' Time - 7:30 p.m.

The citizens' portion of the agenda is set aside for those citizens who wish to address theCouncil for less than three minutes each. Citizens need not give prior notice to the City tospeak during the citizens' time portion of the agenda. Citizens may address the Council forlonger than three minutes if they ask the City Manager for a place on the agenda at leastfour working days before the meeting.

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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsNovember 13, 2017Page | 4

5. Public Hearings - 7:30 p.m.

5.1 SUP #2018-02: Wonder Kids, 9104 Mathis Avenue Unit #14(Staff: Matthew Arcieri, AICP, Planning & Zoning Manager)Agenda Statement - Public Hearing SUP #2018-02Staff ReportAttachment 2. Conditions Dated September 29, 2017Attachment 3. Generalized Development Plan (GDP)Attachment 4. Planning Commission Minutes and Resolution

5.2 Public Hearing: ZTA #2018-01, 2017 Zoning Ordinance Annual Updates(Staff: Matthew Arcieri, AICP, Planning & Zoning Manager)Agenda Statement - Public Hearing ZTA #2018-01Staff MemorandumAttachment 1. 2017 Draft Zoning Ordinance UpdatesAttachment 2. Excerpt from Small Cell Wireless Facilities - Virginia Acts ofAssembly – Chapter 835Attachment 3. Excerpt from Short-Term Rental of Property - Virginia Acts ofAssembly – Chapter 741Attachment 4. Planning Commission Minutes and Resolution

Adjournment

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 5 Minutes

Agenda Title: Recognition of Amelia Gagnon, Certified Emergency Manager

Recommendation: Recognize Amelia Gagnon as a Certified Emergency Manager

Motion: N/A

Date Last Consideredby City Council:

N/A

Summary and/orComments:

In October 2017 Amelia Gagnon received her designation as a Certified Emergency Manager (CEM) from the International Association of Emergency Managers (IAEM). The CEM designation is currently held by 1,849 emergency managers throughout the world. According to the letter she received from the IAEM, Amelia “demonstrated a high level of competence and ethical fitness for emergency management.”

The CEM designation is the highest professional achievement possible in the IAEM.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Rob Clemons, Fire and Rescue Chiefrclemons@manassasva.gov(703) 257-8465

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: Consent Agenda

Agenda Title: City Council Minutes: October 23, 2017

Recommendation: Approve

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the Minutes of October 23, 2017 be approved.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

N/A

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Andrea P. Madden, Assistant to the City Manager / City Clerkamadden@manassasva.gov(703) 257-8280

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October 23, 2017

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A Regular Meeting of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; Community Development Director Elizabeth S. Via-Gossman, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Captain Tina Laguna Public Works Director Steve Burke, Building and Maintenance Supervisor Tim Fitzwater, Arborist Daniel Spoden, Economic Development Director Patrick J. Small, and General Registrar Susan Reed.

Absent from the meeting was Council Member Sheryl L. Bass.Council Member Elston was excused from the meeting at 6:18 p.m.

Mayor Parrish called the meeting to order at 5:30 p.m., delivered the invocation, and led those present in the Pledge of Allegiance.

Community and Staff Presentations

Presentation by the Stonewall Park Swim Team

Lisa Stevens and members of the Stonewall Park Swim Team presented the Mayor and City Council Members with a team photo and thanked them for their continued support of the swimmers and families.

Election Update / Recognition of Election Officers / Oath of Office

John Snider, Chair of the Electoral Board, reminded the community of the upcoming election on November 7th and encouraged residents to confirm their polling location as a precinct was recently added. Mr. Snider recognized Ms. Patricia Fields and Ms. Pam Kincheloe, who also serve on the Electoral Board, and thanked them for their continued support and service. Lastly, Mr. Snider introduced some of the long-serving and key officials who will be working on election day and invited Mayor Parrish down to administer the Oath of Office.

City Attorney Report

Mr. Crim reported that he has been working with staff to develop a new solid waste ordinance and expects the item to come before the City Council at a future meeting.

City Manager Report

Ms. Via-Gossman, Acting City Manager, reported that utility crews are preparing for the holiday season and have been in the Downtown area checking and installing the lights along the rooftops.

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October 23, 2017

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Ms. Via-Gossman congratulated Diane V. Bergeron, Budget Manager and Acting Finance Director, who was recently elected to serve as President of the Virginia Government Finance Officers’ Association (VGFOA).

Ms. Via-Gossman announced a number of events scheduled in Manassas, including Spirits of Manassas on October 28, the Gallery Walk and First Friday on November 3, RecycleFest at the Transfer Station on November 4, the Veterans Parade on November 4, and a production of “The Wiz” by the Pied Piper Theatre on November 4 and 5 at Metz Middle School.

Ms. Via-Gossman encouraged citizens to participate in the Prince William Public Library System’s strategic plan process to develop and implement strategic direction for the next five years. A community meeting at Central Library is scheduled for Saturday, November 4 at 2:00 p.m. An online survey is also available, which should take less than 10 minutes to complete.

Ms. Via-Gossman invited the public to a meeting about the Grant Avenue Streetscape Plan on Thursday, November 9 at 7:00 p.m. at the Georgetown South Community Center.

Chief of Police Report

Captain Tina Laguna shared many Halloween safety tips with the public and directed anyone who would like additional information to the City’s website. In the City, Halloween will be observed on Tuesday, October 31.

Council Time

Council Member Elston announced that the Personnel Committee is still accepting applications for the newly formed Parks and Recreation Committee and asked those interested to complete the online application. Anyone interested in serving on a Board, Committee, or Commission can visit the City’s website to view the vacancies and learn more about the application process.

Council Member Sebesky recognized the work done by the new Parks, Culture, and Recreation Department to honor the vision of Jennie Dean. Council Member Sebesky updated the Council on several transportation meetings and projects in the region.

Mayor Time

Mayor Parrish announced that a work session originally scheduled for Thursday, October 26 has been rescheduled for Thursday, November 30 at 5:30 p.m. in the second floor conference room. Mayor Parrish also announced that the Council’s annual legislative meeting has been scheduled for Monday, December 11 at 8:30 a.m.

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October 23, 2017

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Mayor Parrish noted that the old grocery store on Grant Avenue is being demolished and commented that the new Public Safety building will soon be located on that site.

Mayor Parrish shared that he participated in the Walk to End Alzheimer’s on Saturday and was honored to speak at the highway marker dedication for Jennie Dean on Sunday.

1) Consent Agenda

1.1 City Council Minutes: October 16, 20171.2 Planning Commission FY2017 Annual Report1.3 Board of Zoning Appeals FY2017 Annual Report1.4 Proclamation: Veterans Month and Day

COUNCIL MEMBER LOVEJOY MOVED that Consent Agenda Items 1.1 through 1.4 be approved as presented. Seconded by Vice Mayor Aveni. Roll call vote: AYES – Aveni, Elston, Lovejoy, Sebesky, and Wolfe. ABSENT – Bass. MOTION CARRIED.

2) Ordinances and Resolutions

2.1 Resolution 2018-03-R: Amending the FY 2018 Budget by Budgeting and Appropriating $75,000 of Northern Virginia Transportation Authority (NVTA) 30% Funds to General Fund Public Works for Evaluation of a Roundabout at Sudley Road and Centreville Road

Steve Burke, Public Works Director, explained that a traffic collision on August 7, 2016 resulted in temporary signalization being installed at the intersection of Sudley and Centreville Road. Based upon discussion at the October 11, 2017 Finance Committee meeting, staff is requesting $75,000 for the evaluation of the roundabout to include a GIS based siting of the roundabout, a traffic study and model to determine the anticipated level of service, development of an estimated cost of construction, and an evaluation of the constructability of the roundabout.

COUNCIL MEMBER WOLFE MOVED that Resolution 2018-03-R Amending the FY 2018 Budget by Budgeting and Appropriating $75,000 of Northern Virginia Transportation Authority (NVTA) 30% Funds to General Fund Public Works for evaluation of a roundabout at Sudley Road and Centreville Road. Seconded by Council Member Elston. Roll call vote: AYES – Elston, Lovejoy, Sebesky, and Wolfe. NAYS – Aveni. ABSENT – Bass. MOTION CARRIED.

3) New Business

3.1 Annual Report: Beautification Committee

Mark Olsen, Chair of the Beautification Committee, reported on the many activities ofthe Beautification Committee.

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October 23, 2017

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3.2 Annual Report: Manassas Business Council

Scott Hepburn, Chair of the Manassas Business Council (MBC), provided City Council with an overview of the MBC and the highlights from 2017, including the launch of an intern program with Osbourn High School.

3.3 Annual Report: Economic Development Authority

Mark Olsen, Vice-Chair of the Economic Development Authority (EDA), reported on the recent activities of the EDA and briefly discussed how and why the body exists and its role in promoting economic development.

4) Awards, Acknowledgements, and Presentations

4.1 Presentation: Veterans Month and Day

Mayor Parrish presented the Proclamation declaring November 11 as Veterans Day and the month of November as Veterans Month to Russ Keating and Mike Riley, representatives of the Veterans Day Parade organizers.

5) Citizens’ Time

Allen Muchnick, a resident of the City of Manassas, read a statement regarding his disappointment with a decision by Historic Manassas, Inc. to allow one particular politician to register for a booth at the Fall Jubilee while excluding others.

6) Authorize a Closed Meeting

6.1 Authorization of a Closed Meeting

VICE MAYOR AVENI MOVED that the City Council convene in a closed meeting to discuss the following, as permitted by appointments to Virginia Code § 2.2-3711 (A) (1): Appointments to Boards, Committees, and Commissions. Seconded by Council Member Sebesky. Roll call vote: AYES – Aveni, Lovejoy, Sebesky, and Wolfe. ABSENT – Bass and Elston. MOTION CARRIED.

Mayor Parrish announced that the Mayor and City Council would be included in the closed meeting discussion.

The City Council retired to the closed meeting at 6:28 p.m.

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October 23, 2017

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7) Certify the Closed Meeting

7.1 Certification of the Closed Meeting

VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Wolfe. Roll call vote: AYES – Aveni, Lovejoy, Sebesky, and Wolfe. ABSENT – Bass and Elston. MOTION CARRIED.

The City Council returned from the closed meeting at 7:22 p.m.

8) Appointments to Boards, Committees, and Commissions

8.1 Appointments to Boards, Committees, and Commissions

COUNCIL MEMBER LOVEJOY MOVED that the City Council reappoint Chester Haltermanto the Alcohol Safety Action Program Board for a three-year term ending October 23, 2020 and that the City Attorney be authorized to recommend to the Circuit Court of Prince William County the names of Michael T. Griffin, Christine M. Finnie, and Ann Hempen for appointment as an Alternate to the Board of Zoning Appeals for a five-year term ending October 23, 2022. Seconded by Vice Mayor Aveni and CARRIED UNANIMOUSLY.

A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting.

Mayor Parrish declared the meeting adjourned at 7:33 p.m.

MAYOR CITY CLERK

DATE APPROVED

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: Consent

Agenda Title: 2018 City Council Meeting Calendar

Recommendation: Approve the 2018 City Council Meeting Calendar

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the 2018 City Council Meeting Calendar be approved.

Date Last Consideredby City Council: November 28, 2016

Summary and/orComments:

The 2018 City Council Calendar establishes regular meetings of the electedbody and includes Finance, Personnel, and Land Use Committee meetings.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Andrea P. Madden, Assistant to the City Manager – City Clerkamadden@manassasva.gov(703) 257-8280

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Manassas City Council Meeting Calendar

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat1 2 3 4 5 6 1 2 3 1 2 3

City Council Meetings 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10Committee Meetings/Work Sessions 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17Holidays 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24City Council Recess 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31Virginia Municipal League (VML)Town Hall Meetings

Budget Work SessionJanuary 26 & 27: Council Retreat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5 6 7 1 2 3 4 5 1 2Finance Committee - 2nd Wednesday 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9Personnel Committee - 3rd Thursday 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16Land Use Committee - 4th Thursday 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23

29 30 27 28 29 30 31 24 25 26 27 28 29 30Regular Council Meetings are held onthe second and fourth Monday of eachmonth at 5:30 p.m. Public Hearings willtypically be held on the second Monday of Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Satthe month at 7:30 p.m. 1 2 3 4 5 6 7 1 2 3 4 1

8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8Please note that amendments may 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15be made to this calendar by the 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22Mayor or City Council when deemed 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29necessary for the operation of the City. 30

Adopted by the City Council:November XX, 2017 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5 6 1 2 3 1Notable Dates: 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8June 11 - Expected OHS Graduation 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15November 6 - Election Day 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22

28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29Holidays & Observances 30January 1 New Year's DayJanuary 15 Martin Luther King Day July 4 Independence Day November 22 & 23 Thanksgiving HolidayFebruary 19 President's Day September 3 Labor Day December 24 Floating HolidayMay 28 Memorial Day October 8 Columbus Day December 25 Christmas Day

November 12 Veterans Day (Observed) Prepared by A. Madden, City Clerk / XX-XX-XX

OCTOBER NOVEMBER DECEMBER

2018

MAY JUNE

JULY AUGUST SEPTEMBER

APRIL

JANUARY FEBRUARY MARCH

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2018 City Council Meeting Dates

Adopted: November XX, 2017

January08 – Regular Meeting & Public Hearings10 – Finance Committee10 –Work Session (If Needed)18 – Personnel Committee 22 – Regular Meeting25 – Land Use Committee 25 – Work Session (If Needed)26 & 27 – City Council Retreat

February12 – Regular Meeting & Public Hearings14 – Finance Committee14 – Work Session (If Needed)15 – Personnel Committee 21 – Town Hall Meeting22 – Land Use Committee22 – Work Session (If Needed)26 – Regular Meeting

March12 – Regular Meeting & Public Hearing13 – Budget Work Session14 – Finance Committee 14 – Budget Work Session15 – Personnel Committee19 – Work Session (If Needed)21 – Budget Work Session22 – Land Use Committee22 – Work Session (If Needed)26 – Regular Meeting

April02 – Budget Work Session09 – Regular Meeting & Public Hearings11 – Finance Committee 11 – Budget Work Session16 – Work Session (If Needed)19 – Personnel Committee 23 – Regular Meeting25 – Budget Work Session26 – Land Use Committee26 – Work Session (If Needed)

May09 – Finance Committee09 – Budget Work Session09 – Work Session (If Needed)14 – Regular Meeting & Public Hearings17 – Personnel Committee 21 – Regular Meeting24 – Land Use Committee 24 – Work Session (If Needed)

June13 – Finance Committee13 – Work Session (If Needed)18 – Regular Meeting & Public Hearings21 – Personnel Committee25 – Regular Meeting28 – Land Use Committee28 – Work Session (If Needed)

July09 – Regular Meeting & Public Hearings11 – Finance Committee11 – Work Session (If Needed)16 –Work Session (If Needed)19 – Personnel Committee 23 – Regular Meeting26 – Land Use Committee 26 – Work Session (If Needed)

August27 – Regular Meeting & Public Hearings

September10 – Regular Meeting & Public Hearings12 – Finance Committee12 – Work Session (If Needed)17 – Work Session (If Needed)19 – Town Hall Meeting20 – Personnel Committee24 – Regular Meeting27 – Land Use Committee27 – Work Session (If Needed)

October10 – Finance Committee10 – Work Session (If Needed)15 – Regular Meeting & Public Hearings18 – Personnel Committee22 – Regular Meeting25 – Land Use Committee25 – Work Session (If Needed)

November14 – Finance Committee14 – Work Session (If Needed)15 – Personnel Committee19 – Regular Meeting & Public Hearings26 – Regular Meeting29 – Work Session (If Needed)

December10 – Regular Meeting & Public Hearings12 – Work Session (If Needed)17 – Work Session (If Needed)

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City of Manassas

Manassas City Council 9027 Center Street

Manassas, VA 20110

Meeting Date:

November 13, 2017

Time Estimate:

Consent

Agenda Title:

Resolution #R-2018-09: Application for Virginia Department of Transportation’s FY2019-20 Revenue Sharing Program

Recommendation: Approve Resolution #R-2018-09

Motion: If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda: I move that Resolution #R-2018-09 be approved.

Date Last Considered by City Council:

November 28, 2016 (approved FY2018 Revenue Sharing application)

Summary and/or Comments:

As part of the approved CIP, the City is submitting two applications for funding through the state Revenue Sharing Program. City Council approval is required to complete the applications for the following projects that meet the program’s funding criteria:

1. Godwin Drive Bike Trail (T-59) – The project entails the construction of a shared-use path along Godwin Drive from the Winter’s Branch trail to Wellington Road. 2. Dumfries Road Shared-Use Path (T-58): Fire and Rescue Station #21 will include a multi-use path along Dumfries Road and, as part of the City’s bike/pedestrian infill initiative, state funding is requested to complete this shared-use path from Hastings Drive south to Donner Drive.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: If the application is approved, state funding for this project will be included for City Council approval as part of the FY19 capital improvement program. Additional NVTA funding currently allocated to the Godwin Drive project will be available for other City transportation projects.

Staff Contact: Matthew D. Arcieri, AICP, Planning & Zoning Manager marcieri@manassasva.gov (703) 257-8232

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MOTION: _________________ November 13, 2017Regular Meeting

SECOND: _________________ Resolution #2018-09

RE: Application for Virginia Department of Transportation’s FY2019-20 Revenue Sharing Program

WHEREAS, the City of Manassas desires to submit two applications for an allocation of funds of up to $1,050,266 through the Virginia Department of Transportation Fiscal Year 2019-20, Revenue Sharing Program; and

WHEREAS, these funds are requested to fund:

1. Godwin Drive Bike Trail (T-59) – This project consists of adding a shared-use path along Godwin Drive from Winter’s Branch Trail to Wellington Road.

2. Dumfries Road Shared-Use Path (T-58) – In coordination with the new Fire and Rescue Station, this infill project consists of adding a shared-use path along Dumfries Road from Hastings Drive to Donner Drive; and

WHEREAS, the Manassas City Council approved those two projects as part of the FY 2018 Five-Year Capital Improvement Program adopted on May 10, 2017 via Resolution #2017-39; and

WHEREAS, the Revenue Sharing Program is now a biennial application process and once this application cycle closes the next application cycle will be in 2019; and

WHEREAS, Revenue Sharing is a 50/50 match program and state funds are allocated to match the localities contributions; and

WHEREAS, Revenue Sharing is a competitive funding program and priority is given first to projects that have previously received Revenue Sharing funding and second to projects that meet a transportation need identified in the Statewide Transportation Plan(VTrans); and

WHEREAS, those two projects meet the Priority 2 criteria as they meet a transportation need identified in the Statewide Transportation Plan (VTrans).

NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council hereby supports this application for an allocation of $1,050,266 through the Virginia Department of Transportation Fiscal year 2019-20 Revenue Sharing Program.

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November 13, 2017Regular MeetingRes. No. R-2018-09Page Two

BE IT FURTHER RESOLVED, that the Manassas City Council hereby grants authority for the City Manager to execute project administration agreements for any approved revenue sharing projects.

___________________________________Harry J. Parrish II MayorOn behalf of the City Council Of Manassas, Virginia

ATTEST:

__________________________________Andrea Madden City Clerk

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

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: Consent

Agenda Title: Erosion Control Bond Release: Edge Concrete Interim PlanSP#16-00000006

Recommendation: Approve

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the release of the Erosion Control Bond for the Edge Concrete Interim Plan – SP#16-00000006 be approved.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

Request authority to release the Erosion Control Bond for the following project – Edge Concrete Interim Plan – SP#16-00000006

This project was completed on an interim basis to accommodate the new property owner’s use of the site. Final site improvements are dependent on the City’s Prince William Street Capital Improvement Project and will be completed in conjunction with the CIP project.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Vanessa A. Watson, Development Services Coordinatorvwatson@manassasva.gov(703) 257-8204

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Edge Concrete

SP#16-000000069418 Prince William Street

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: Consent

Agenda Title: Erosion Control Bond Release: Micron NW Entrance Upgrade Plan –SP#14-00000022

Recommendation: Approve

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the release of the Erosion Control Bond for the Micron NW Entrance Upgrade Plan – SP#14-00000022 be approved.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

Request authority to release the Erosion Control Bond for the following project – Micron NW Entrance Upgrade Plan – SP#14-00000022

This was a site plan to upgrade the Northwest entrance at the Micron facility.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Vanessa A. Watson, Development Services Coordinatorvwatson@manassasva.gov(703) 257-8204

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Micron NW Entrance Upgrade

SP#14-000000229600 Godwin Drive

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: Consent

Agenda Title: Proclamation: Manassas Recycles Day

Recommendation: Approve

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the Proclamation designating November 15, 2017 as Manassas Recycles Day be approved.

Date Last Consideredby City Council: N/A

Summary and/orComments:

N/A

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Monica Boehringer, Refuse and Recycling Coordinatormboehringer@manassasva.gov(703) 257-8256

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Proclamation

WHEREAS, the City of Manassas has been recognized, for the second year, by the Virginia Recycling Association for the work being done to educate residents about the importance of recycling, protecting and preserving our natural resources and adopting conscientious habits that will improve our daily lives and bring about a cleaner, safer, and more sustainable environment; and

WHEREAS, the City of Manassas has continued to partner with the Boys and Girls Club of Manassas, American Disposal Services, Savers, local artists and community volunteers to discover new ways to creatively reuse and recycle, and consequently, on November 15th, they will join the City in celebrating AmericaRecycles Day with the Project Recycle Runway Fashion Show and announcing the winner of the Outdoor Recycled Art Competition; and

WHEREAS, in 2017, the City of Manassas has been recognized by the Virginia Department of Environmental Quality as having reached a recycling rate of 47.2% by reducing the amount of waste our community sent to the landfill, by increased composting, reuse of products and materials, and purchasingrecycled products; and

WHEREAS, the City of Manassas RecycleFest has continued for the third year to celebrate community recycling with residents dropping off a record breaking 143 tons of recyclable electronics, household hazardous waste and shredding in 2016; and

WHEREAS, it is important for our community leaders to continue encouraging recycling by informing citizens about local recycling options, and by fostering greater awareness of the need to expand collectionprograms; and

WHEREAS, Keep Manassas Beautiful has been officially recognized as a new Affiliate of Keep America Beautiful the national organization dedicated to inspiring and educating people to take action every day to improve and beautify their community.

NOW, THEREFORE, I, Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council hereby recognize Wednesday, November 15, 2017 as

Manassas Recycles Dayin the City of Manassas and encourage all citizens to continue their reducing, reusing and recycling efforts not only on November 15th but also throughout the entire year.

ATTEST:

_______________________________ ______________________________Harry J. Parrish II Mayor Andrea P. Madden City Clerk On behalf of the City Council Of Manassas, Virginia 27

City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 10 Minutes

Agenda Title: Ordinance #O-2018-01: Amendments to the Solid Waste Code (First Reading)

Recommendation: Approve Ordinance #O-2018-01

Motion: I move that Ordinance #O-2018-01 be approved on first reading.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

Revisions to the Solid Waste Code include a new introduction, revised links to documents and strategies that support the City’s refuse and recycling program and improved definitions that clearly show context and meaning of ordinances.

Included in the packet is a summary of the notable amendments and expected results once the ordinance is enacted.

Board – Committee – or Commission Reviewed: Land Use Committee – October 26, 2017 (Recommended Approval, 2/0)

Fiscal Impact: The City will be able to establish service provision expectations for collection services.

Staff Contact: Monica Boehringer, Refuse and Recycling Coordinatormboehringer@manassasva.gov(703) 257-8256

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Solid Waste Code Revision and

Commercial Trash and Recycling Collection in Historic Downtown Manassas

November 13, 2017

As the City of Manassas grows, so does the need to find ways to keep our public spaces clean and safe – and our residential areas attractive and inviting. For the past three years, Refuse and Recycling has been drafting and implementing new contracts and initiatives to improve the quality and range of our services to our residents. Now we need your consent to provide necessary changes in our ordinances and program services to get to the next level.

Solid Waste Code

Revisions to the Solid Waste Code include a new introduction, revised links to documents and strategies that support the City’s refuse and recycling program and improved definitions that clearly show context and meaning of ordinances.

Notable revisions include:

• §§ 98.1-5, 98.1–19, 98.1-22,98.1-26 (Violations and Non Compliance) o Once a Notice of Violation has been issued, the time for clean-up has been

reduced from 10 days to 24 hours. o A scale of fines has been introduced that is in line with current VA Code. o Confiscation and replacement charge for abandoned carts. o A charge for removal and disposal has been introduced that will allow the City to

quickly remove unsafe or hazardous material from the curb. • §§ 98.1-6-98.4-8 (Littering)

o Clear and concise littering ordinances for public and private property have been introduced.

• § 98.12 (Landlord and Tenant Responsibility) o Both landlord and tenants are responsible for observing trash and recycling

ordinances. • §§§ 98.14, 98.21 (Commercial Trash and Recycling Collection in Historic Downtown)

o Guidance for commercial trash collection has been introduced and includes: Restrictions on commercial trash collection outside the Historic Downtown

area. Restrictions on volume for commercial collection by the proposed

Downtown Commercial Collection by the City contractor. • § 98.21.6 (Bulk Waste)

o Clearer restrictions on the volume of bulk waste permitted for curbside collection have been introduced.

• § 98.23 (Curbside Leaf Collection) o Guidance on curbside leaf collection has been introduced.

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Commercial Trash and Recycling Collection for Historic Downtown Manassas

While other commercial areas within the City of Manassas have the space required for the containment of trash and recycling, Historic Downtown poses a unique challenge. Storage of trash and recycling carts for buildings within Historic Town has been problematic. The space between and behind buildings are often limited and the volume of carts and dumpsters have been a source of disagreement between property owners.

Unsightly trash carts, bags and loose trash in the streets and alley ways, odors emanating from standing trash carts and dumpsters, and cigarette litter thrown from passing cars have become the source of more than forty (40) complaints over the past three (3) years.

The City’s new Refuse and Recycling contract includes the option for specialized commercial trash and recycling collection. This option offers the City an opportunity to provide the community with a collection service that meets the current need for commercial collection within Historic Downtown and a sustainable working solution for new commercial and residential ventures that join our community.

The new commercial plan will include:

A sliding scale of rates and collections for our local businesses by volume. An option to keep an existing private solid waste hauler of the business’s choice. New incentives for recycling. An opportunity for businesses to participate in our new Keep Manassas Beautiful

program. A consultation has been undertaken with business owners, residents and civic organizations within the Historic Downtown area. The feedback has been positive and business owners are happy to work with the City to review and improve their trash and recycling services.

If the plan is approved, the plan would take effect in FY19. This will allow for meetings with individual business owners and for service schedules to be developed with American Disposal Services.

Current Commercial Service Users outside Historic Downtown

Following presentation to the Land Use Committee on September 28, 2017, Refuse and Recycling undertook an additional survey of the 65 listed businesses using the City’s trash and recycling service outside Historic Downtown Manassas.

Refuse and Recycling worked with American Disposal Services and the Utilities Billing Department to further examine the listed accounts and location of the businesses to determine what can be done to move the accounts from the City service to a private service without disruption.

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Results

Of the 65 commercial accounts initially listed, only 41 businesses actively use the City’s trash and recycling service:

• 16 service users were removed because we were able to verify that they are paying for dumpster service through a licensed private solid waste hauler and did not actually use the service.

• 6 service users were removed from the list because they were just inside the Historic Downtown District.

• 2 service users were removed because they were residential – not commercial.

Proposed Solution

The City has negotiated with American Disposal Services to offer the remaining service users a rate of $30 per month (the current charge is $27.88 per month) for continued trash and recycling service. The going commercial rate for the services that they receive is actually $80 per month. This will then allow them to move to the private service with a minimal amount of disruption.

American Disposal Services has also suggested that some of the existing service users could switch to a dumpster service and share the cost. The costs for the dumpster services would be:

Trash • 2yd 1x week $60/month • 2yd 2x week $100/month • 4yd 1x week 80/month • 4yd 2x week $120/month

Recycle • 2yd 1x week $45/month

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ORDINANCE #O-2018-01

First Reading ________Second Reading ________Enacted ________Effective ________

AN ORDINANCE TO AMEND AND REENACT THE CODE OF ORDINANCES, CITY OF MANASSAS, VIRGINIA (2002), AS AMENDED,

BY AMENDING CHAPTER 98.1, SOLID WASTE

WHEREAS, the City Council of the City of Manassas (hereinafter “City Council”) has determined that it is in the best interest of the City of Manassas to amend and reenact the Solid Waste Ordinance, Chapter 98.1 of the Manassas City Code of Ordinances in order to bring the city’s solid waste regulations into compliance with the Code of Virginia.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in ___________ session this ____________ day of ______________, 2017:

1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by revising Chapter 98.1, as follows:

Chapter 98.1 - SOLID WASTE

ARTICLE I. - IN GENERAL

Sec. 98.1-1. - Definitions. Finding and Purpose

(a) City Council finds that the protection, improvement and preservation of public health and the environment are essential to the general welfare of the residents of the City of Manassas. For this reason, a code of standards and procedures for the administration and enforcement of the City’s Municipal Solid Waste (MSW) have been established to the control, collection, transportation, and Disposal of MSW, and to promote source reduction and Recycling as means of reducing the amount of MSW that has to be Disposed. To these ends, this Chapter acknowledges and/or authorizes the following supporting documents that further describe critical elements of the City's Solid Waste management system that may be updated or revised from time to time:

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(1) The City's Solid Waste Management Plan;(2) The City’s Debris Management Plan;(3) The City's Recycling Program Requirements;(4) The City’s Litter Prevention Strategy;(5) Solid Waste Advisories;(6) Other City Solid Waste management program guidance and requirements, as they are developed by the City.

(b) Applicability. Except as otherwise provided, this Chapter, and any regulations or administrative directives or procedures issued under its authority, apply to all residents and commercial, industrial, and institutional establishments within or doing business within the City, and any person or entity who collects, transports, Disposes, or otherwise manages or arranges for management of MSW.

Section 98.1-2 – Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearlyindicates a different meaning:Bulk item means any large item, including but not limited to a major household appliance, large rug, mattress, bed springs, furniture, bundled lumber no greater than four feet in length and weighing no more than 50 pounds, grills, and other household items that are too large to fit into suitable trash containers and not otherwise prohibited by this section or city regulations from collection.

Bulk Waste means any item set out for curbside collection that is too large to fit into a Suitable Container, including but not limited to White Goods (appliances), rugs, mattresses, bed springs, furniture, exercise equipment, grills or other household items that are not otherwise prohibited.

Commercial Waste means all Solid Waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, Solid Waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.

Construction Waste means Solid Waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Residents are permitted to set out small amounts of remodeling/DIY waste, not to exceed no greater than four (4) feet in length and weighing no more than fifty (50) pounds excluding prohibited items, for scheduled

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Bulk Waste collection. Prohibited Construction Waste includes, but is not limited to: lumber over four (4) feet in length, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, metal, plastic pipes over four (4) feet in length, paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids –or the empty containers of any of the aforementioned materials.

Curbside leaf collection program Curbside Leaf Collection Program means the seasonal collection of loose leaves raked curbside by owners or occupants Owners or Occupants and collected by the city's public works department City’s Department of Public Works.

Downtown Commercial Collection Area means a Trash and Recycling collection area, as defined by the City Manager, that contains a mix of retail, service or apartments and is serviced by the City or its Refuse and Recycling contractor for Disposal, unless otherwise authorized by the City Manager.

Dispose means to get rid of something or throw something away.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any Solid Waste into or on any land or water so that such Solid Waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters.

Dumpster means a metal or plastic container generally used for automated collection of non-Residential Solid Waste containing doors and lids which may be secured to prevent the contents of the Dumpster from escaping.

Electronic Waste or eWaste means any unwanted, outdated or obsolete appliance or electronic device found in offices, homes and personal devices. Televisions, microwaves, computers and cell phones are all common examples of eWaste. Many electronic products include harmful materials such as lead, cadmium, chromium, brominated flame retardants or polychlorinated biphenyls (PCBs).

Garbage means readily putrescible Disposed materials composed of animal, vegetable or other organic matter.

Hazardous waste shall mean a "Hazardous Waste" as defined in Code of Virginia § 10.1-1400, as amended. Hazardous Waste means a "Hazardous Waste" as described by Virginia Hazardous Waste Management Regulations and the Virginia Administrative Code.

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Household hazardous waste shall mean any waste disposed by residential consumers and composed primarily of materials found in the waste generated by consumers in their homes that may be flammable, reactive to other chemicals, corrosive, or are toxic to the environment, wildlife or to human health. These may contain paints, solvents, motor oil, antifreeze, pesticides, mercury containing wastes, thermometers, switches, and fluorescent bulbs, electronics, computers, TVs and cell phones, aerosols, propane tanks, caustic cleaning agents, refrigerants, ammunitions, radioactive waste and some batteries.

Household Hazardous Waste means any waste material derived from households which, except for the fact that it is derived from a household, would otherwise be classified as a Hazardous Waste in accordance with Virginia Administrative Code.

Household Waste means any waste material, including Garbage, Trash, Refuse, Recycling and Yard Waste derived from households. Households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. Household Wastes do not include sanitary waste in septic tanks.

Industrial Waste means any Solid Waste generated by manufacturing or industrial process that is not a regulated Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Institutional Waste means all Solid Waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It cannot include Regulated Medical Waste from health care facilities and research facilities that must be managed as a Regulated Medical Waste.

Land-Clearing Debris means vegetative waste resulting from land-clearing activities.

Landfill means a sanitary Landfill, an Industrial Waste Landfill, or a construction/demolition/debris Landfill.

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Litter means any man-made material thrown, placed, deposited or caused to be placed, deposited or cast creating a danger to public health, safety, or welfare and/or degrading to the environment. "Litter" is not limited to but includes: paper, cigarette butts, cans, bottles, food wrappers and plastic bags. It can also range in size from tiny bits of paper to large appliances and automobiles.

Multifamily Dwelling includes any building or structure containing four or more contiguous living units and intended exclusively for Residential purposes.Municipal Solid Waste (MSW) means that waste which is normally composed of Residential, commercial, non-Residential and institutional Solid Waste and residues derived from combustion of these wastes, as defined in Virginia Administrative Code Solid Waste management regulations.

Noncollectable item Non-collectable Item shall mean any waste Solid Waste item that will not be collected by the city or its refuse Refuse and Recycling contractor for disposal Disposal, unless otherwise authorized by the city manager.

Notice of Violation means written notification that the recipient has committed one or more Violations of the City Code and provides instructions for coming into compliance.Nuisance means an activity that unreasonably interferes with an individual's or the public's comfort, convenience or enjoyment such that it interferes with the rights of others by causing damage, annoyance, or inconvenience.

Organic Waste means a type of waste material which can be broken down into its base compounds by microorganisms and other living things, regardless of the contents of the compounds, and can be commonly found in Municipal Solid Waste as green waste, food waste, paper waste, and biodegradable plastics.

Occupant shall mean any person over the age of 18 years occupying or residing on any lot in the city and having, at the time, apparent possession or control thereof.Owner shall mean any person who, alone, or jointly or in common with others, has:

(1) Legal title to any real property in the city; or(2) Charge, care or control of any real property in the city, as agent or

representative of the owner, or as personal representative, trustee or guardian of the estate of the owner, but who is not a tenant.

Parcel means any real property identified by a City of Manassas tax number and includes the adjoining public right-of-way which is between the property line of the real property and the curb or the improved portion of a street.

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Pollutant means any substance that causes or contributes to, or may cause or contribute to, environmental degradation when discharged into the environment.

Putrescible Waste means Solid Waste that contains organic material capable of decay by micro-organisms, which may cause odors.

Receptacle means a container that is specifically designed, constructed, and placed for public use as a depository for Litter or Solid Waste.

Recyclables shall mean those items identified in regulations promulgated by the city manager as recyclable and acceptable to the city for recycling.

Recycling means those items identified in regulations promulgated by the City Manager as recyclable and acceptable to the City for Recycling in accordance the City’s solid waste management plan.

Recycling container shall mean a cart or bin which is provided by or through the city or is otherwise approved by the city manager.

Recycling Container means a reusable hard plastic cart with a tight fitting lid and handles of adequate strength for lifting fifty (50) pounds or reusable hard plastic bin, which is provided by or through the City or is otherwise approved by the City Manager.

Refuse shall mean any and all litter, rubbish, garbage, trash, waste, putrescible debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected.

Refuse means any and all Litter, rubbish, Garbage, Trash, waste, putrescible debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the property from which it is being collected.

Refuse Container means a cart provided by or through the City or is otherwise approved by the City Manager or a privately owned reusable container designed for Refuse made of plastic or metal with a tight fitting lid and handles of adequate strength for lifting fifty (50) pounds. Plastic bags will only be considered Suitable Containers during time frames specified by the City for periodic overflow.

Regulated Medical Waste means Solid Waste so defined by Virginia Administrative Code Regulated Medical Waste Management Regulations and promulgated by the Virginia Waste Management Board.

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Residential means any structure used or constructed or modified or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or multiple-family apartment building or other similar structure containing three or fewer Residential units, and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple-family building or other similar structure shall be deemed a separate residence.

Roll-off Container means a temporary metal container, compacted or open, with or without wheels, designed and used by non-exclusive commercial Solid Waste Haulers for the collection and Disposal of Contractor, Construction or Demolition debris and/or large quantities of Solid Waste.Scrap Metal means metal parts such as bars, rods, wire, empty containers, or metal pieces that are Disposed and can be used, reused, or reclaimed.

Service User means Owners and Occupants of single family homes, town homes and businesses within the Downtown Commercial Collection Area that pay a monthly service fee for Refuse and Recycling collection through their utility bills.

Sharps shall mean any tool intended to be used for puncturing human skin, including but not limited to hypodermic needles, syringes and lancets..

Sharps mean any devices with a sharp point or edge that can puncture or cut skin. This includes but is not limited to hollow needles used to inject drugs (medication) under the skin and syringes used to inject medication into or withdraw fluid from the body.

Solid waste shall mean any refuse, yard waste, grass trimmings, recyclables, bulk items, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community activities..

Solid Waste means any Garbage, Refuse, sludge and other discarded material. This includes, solid, liquid, semisolid or contained gaseous material regardless of source.Solid Waste Hauler means a licensed commercial or industrial hauler who collects and transports Solid Waste for the purpose of Disposal.

Suitable containers shall have the meaning provided in section 98.1-15 of the City Code.

Suitable Container means City provided or private container for the storage and set out for Refuse, Recycling and Yard Waste, by Occupants and Owners, for collection by the City or designated Refuse and Recycling contractor as defined in Code §§ 98.1-16 and 98.1-17.

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Transfer station Transfer Station shall mean any legally authorized solid waste Solid Waste storage or collection facility at which solid waste Solid Waste is transferred from collection vehicles to transport vehicles for hauling to a central Solid Waste management facility for disposal Disposal, incineration, or resource recovery.

Trash means combustible and noncombustible Disposed materials and is used interchangeably with the term rubbish

Violation means an action or activity that is in breach of the City Code.

Waste Tire means any tire that has been set out at the curb.

White Goods means any refrigerators, stoves, washers, dishwashers, hot water heaters, and other large appliances.

Yard waste means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard waste shall not include roots or stumps or any yard or lawn care material contaminated with soil.

Yard Waste means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard Waste shall not include roots or stumps or any yard or lawn care material contaminated with soil. Branches or limbs set out as Yard Waste shall not exceed four (4) feet in length and three (3) inches in diameter and shall be bundled and tied for collection.

Sec. 98.1-2. - Dumping prohibited; exception.

The dumping of solid waste within the limits of the city is prohibited, except at a transfer station and then only in accordance with the requirements of that transfer station. Any person convicted of violation of this section shall be guilty of a Class 1 misdemeanor.

Sec. 98.1-3. - Littering.

(a) The dumping, casting, leaving or otherwise disposing of solid waste or other unsightly matter, including illegal signs, on a public highway, street or right-of-way, park or other public property, or on private property, without the written consent of the owner thereof, is prohibited.

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(b) When any person is arrested for a violation of this section, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of-way, park, or other public property, or on private property without the written consent of the owner thereof, has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia § 46.2-936, in making such arrest.

(c) When a violation of the provisions of this section has been observed by any person, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of-way, park or other public property, or on private property without the written consent of the owner thereof, has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting the solid waste; provided, however, that such presumption shall be rebuttable by competent evidence. This presumption shall not be applicable to a motor vehicle rental or leasing company that owns the vehicle.

(d) Any person convicted of a violation of this section relating to disposal of solid waste on public property shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250.00 or more than

(e) $2,500.00, either or both. In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities. Any person convicted of a violation of this section relating to disposal of solid waste on private property shall be guilty of a Class 1 misdemeanor.

(f) The provisions of this section shall not apply to the lawful disposal of solid waste in landfills.

State Law reference— Comparable state law, Code of Virginia § 33.1-346. See also civil penalty of up to $5,000.00 plus costs of clean-up provided by § 10.1-1418.1, which does not require an implementing ordinance.

Section 98.1-3 - Rules and regulations

The City Manager may adopt rules and regulations with respect to Solid Waste collection. Such rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment.

Sec. 98.1-4. - Collection of solid waste fees.

Fees for solid waste collection shall be as set forth in an uncodified ordinance as approved and amended by the city council.

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Section 98.1-4 – Enforcement

This chapter shall be enforced by the City Manager’s designee or authorized agent.

Sec. 98.1-5. - Enforcement.This chapter and the provisions of Code of Virginia, § 10.1-1418.1, shall be enforced by the city manager's designee.

Section 98.1-5 – Violation of Chapter

Violation of any provision of this Chapter 98.1 of the City of Manassas Code shall constitute a Class 1 misdemeanor except as expressly provided elsewhere within this Chapter.

Sec. 98.1-6. - Rules and regulations.

The city manager may adopt rules and regulations with respect to solid waste collection. Such rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment. Any violation of such rules and regulations shall be a violation of section 98.1-20.

Secs. 98.1-7—98.1-14. - Reserved.

ARTICLE II. - COLLECTION BY AN AUTHORIZED PERSON DIVISION 1. – GENERALLY

Sec. 98.1-15. - General container requirements.

(a) The term "suitable container" means:

(1) For refuse: A reusable container designed for refuse made of plastic or metal with a tight fitting lid and handles of adequate strength for lifting 50 pounds. Plastic bags will only considered suitable containers during time frames specified by the city for periodic overflow. The time frames will be for specific holidays and other times of heavy trash volume that the city will designate and notify citizens through media generally available to alert citizens to changes in trash service. All plastic bags must be securely tied at the top and have sufficient wall strength to support 50 pounds when lifted from the top.

(2) For recyclables: A recyclable cart or bin provided by the city. Cardboard that will not fit into the city-provided recyclable cart or bin may be placed neatly alongside such cart or bin.

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(3) For yard waste (except for the curbside leaf collection program): A paper biodegradable bag designed for yard waste with sufficient wall strength to maintain physical integrity with a load weight not to exceed 50 pounds, or a reusable container made of plastic or metal with a loaded weight of 50 pounds or less.

(b) Occupants and owners within the city must set out refuse, recyclables, and yard waste in suitable containers so as to prevent scattering, except for yard waste and bulk items that comply with the provisions of section 98.1-18 of the City Code. If refuse, recyclables, or yard waste scatters because a resident did not use a suitable container, then that resident is responsible for the scattering and may be charged with littering under section 98.1-3. The city will not be responsible for replacement of non-suitable containers taken or damaged by the city or its agents, and will not be responsible for replacement of suitable containers taken or damaged by third parties.

(c) Refuse, yard waste, and recyclables will be removed by the city or the city's agent in accordance with the policy and procedures of the city.

(d) Refuse stored outdoors on private property must be placed in a reusable, watertight, rodent proof container with a tight fitting lid in place securing the container's contents.

(e) Sharps shall be stored in containers that prevent health hazards and shall only be disposed of in accordance with the provisions of this subsection. Acceptable practices for disposal of sharps include mail back programs that deliver sharps in containers to licensed disposal facilities and using needle destruction devices such as incinerators or needle cutters to destroy Sharps prior to disposal. Sharps generated in households may be disposed of in closed plastic screw cap bottles such as laundry detergent bottles that are labeled "do not recycle". Sharps shall not be placed loosely in household trash and sharps in red "bio hazard" containers shall not be disposed of in household trash.

Sec. 98.1-16. - Placement for collection generally.

All receptacles containing refuse and recyclables to be collected by the city shall be so placed or located that they can be easily and conveniently reached by collectors at the curb or edge of the street no further than one foot behind the curb or edge of the street on which the city provides collection. Receptacles placed for collection shall be placed no earlier than 6:00 p.m. the day prior to the day for collection and no later than 6:00 a.m. the day of collection, and after being emptied, shall be removed no later than 6:00 p.m. on the day of collection. Any waste set out after 6:00 a.m. on the day of collection may be considered by the city as a "late set-out"; late set-outs may not be collected by the city until the next scheduled collection date. Whether or not receptacles are emptied by the city, the owner or occupant shall remove all receptacles from the collection location and return them to storage under roof or adjacent to the main building on the parcel.

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Sec. 98.1-17. - Noncollectable items—Generally.

Non-collectable items include acids, asphalt, automobile parts, brick, caustics, concrete, dead animals, earth, explosives or other dangerous materials, grease from nonresidential establishments, household hazardous waste (including wet paint, heavy metal and poisons), rubbish from construction, more than one cubic yard of remodeling, razing and repair operations on houses, commercial buildings or other structures, pieces of sheet rock greater than two feet by three feet in size, rock or stone, stumps, topsoil, trees and branches greater than permitted under the rules and regulations adopted by the city, and any additional items listed in rules and regulations adopted under this chapter. Non-collectable items shall not be placed out for collection by and shall not be removed by the city.

Sec. 98.1-18. - Placement and collection of bulk items and yard waste.

(a) The city will provide bulk item and yard waste collection for the owner or occupant of any dwelling unit or townhouse dwellings who uses the service provided by the city. Such owner or occupant shall place bulk items or yard waste for collection on the parcel as close as possible to the curb, and if there is no curb, as close as possible to the street. Townhouses shall place all bulk items out on the last city designed collection day of each week only, and single family homes on their regular trash collection day. Such placement shall be made no earlier than 6:00 p.m. of the day prior to the scheduled date of collection and no later than 6:00 a.m. the day of collection. Yard waste shall be placed either in a suitable trash receptacle or in the biodegradable paper bags for collection. No plastic bags containing yard waste will be accepted. All yard waste bundles must be securely tied and weigh no more than 50 pounds. The rules and regulations adopted under this chapter shall set maximum dimensions for yard waste and other conditions for yard waste and bulk items.

(b) Every owner or occupant utilizing the yard waste program or bulk item collection service shall take adequate precautions to secure all such items in such a manner as to ensure the safety of the public. All doors on a refrigerator or freezer shall be removed, and all brush and bagged leaves shall be secured so as to prevent being blown and scattered by wind.

(c) Loose leaves may be set out for the curbside leaf collection program during the fall season in the manner and at the times and locations provided on the city's website, or the city's newsletter.

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Sec. 98.1-19. - Damage to city property.

City provided containers for refuse or recycling shall not be defaced. Removal of the city's logo or information shall constitute damage to the container and it will be removed from its location by the city or its designee.

Sec. 98.1-20. - Violation; civil penalty.

(a) The city manager shall cause a notice of violation to be affixed to refuse containers and recycling containers found to be in violation of section 98.1-15 or section 98.1-16. In the case of waste not placed in suitable containers, the notice of violation for waste violating section 98.1-15 or 98.1-16 shall be issued to the property owner where the waste is found. The notice of violation shall allow removal by the owner of the property prior to imposition of a civil penalty. Failure to remove the waste or wastecontainers by the time provided in section 98.1-16 of the City Code, or repeated placement of waste or waste containers in violation of section 98.1-15 of the City Code, shall result in the imposition of a civil penalty, issued to the property owner. No further notice by the city shall be given for the remainder of the calendar year. The notice shall state that the city shall take corrective action as needed until the end of the calendar year.

(b) Any person who violates provisions of this article for which no other penalty is prescribed shall be subject to the following civil penalties:(1) For the first offense, a warning providing a reasonable period of

remediation not to exceed ten days.(2) For the second offense, violators shall be fined $75.00.(3) For the third offense and subsequent offenses, the violators shall be

fined $150.00.(4) Each violation shall be counted as a separate violation at the location at

which the violation occurs.(c) The penalty for violating section 98.1-21 shall be a civil penalty of $25.00.

This civil penalty may be paid without a court appearance by payment in full to the city treasurer. If the civil penalty is not paid within 30 days of the date of the notice, the city may institute a civil proceeding to collect the fine.

(d) The city may collect unpaid civil penalties using any method provided by law.(e) The city shall charge the owner or its occupant a $75.00 civil penalty for

defacing any city provided container.

Sec. 98.1-21. - Separation of solid waste.

Every resident shall separate yard waste from refuse and recyclables. The city and/or its agent will not collect yard waste as refuse. Because the city disposes of yard waste in a compost facility and not a landfill, refuse and recyclables are not permitted to be mixed with yard waste.

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ARTICLE II – LITTERING AND DUMPING

Section 98.1-6 – Littering

(a) No person shall Litter upon or in any street, sidewalk, park, playground, school ground, or other publicly owned, rented or otherwise publicly controlled land or building within the City.

(b) Any person(s) using a City street, sidewalk, park, playground, school ground, or other publicly owned, rented or otherwise publicly controlled land or building for the sale or distribution of circulars, handbills, newspapers or any product that is packaged in immediately disposable wrappers or containers:

(1) Shall provide Receptacles for the Disposal of Refuse, Recycling or other Litter that may be created in the immediate vicinity by such sale or distribution;

(2) Shall request that all such Refuse, Recycling or Litter so created be placed in such Receptacle(s), and;

(3) Shall remove and Dispose of the Refuse, Recycling or Litter in accordance with City regulations.

Section 98.1-7 - Property to be Kept Free of Litter and Refuse

It shall be the duty of every Owner or Occupant of property, whether improved or unimproved, including lots and areas, to keep, or cause to be kept, such property clean and free of Litter and Refuse.

Section 98.1-8 - Vehicles Dropping Contents on Public Right of WayAny person who transports in any vehicle or in any other manner upon any public place any loose material or articles likely to shift, fall, spill, or be blown upon the public right way or place shall cover the contents thereof, or shall convey the contents in tightly secured and covered boxes or containers. If any of the contents shall be blown, spilled, fall or become scattered in or upon any public right of way or place, such person shall immediately cause such contents to be gathered up and removed.

Sections 98.1-9 – 98.1-10 - Reserved

ARTICLE III - COLLECTION BY AN AUTHORIZED PERSON

Section 98.1-11 - Collection of Solid Waste Fees

Fees for Solid Waste collection shall be as set forth in an uncodified ordinance as approved and amended by the City Council.

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Section 98.1-12 - Landlord and Tenant responsibility

Owners of Property in the City whose Property is eligible for service under this curbside collection program and their Tenant(s) must comply with provisions of this article.

Section 98.1-13 - Scope of Service

The City of Manassas may provide curbside Refuse and Recycling collection service to Service Users (excluding multi-family dwellings) and to businesses located within the Downtown Commercial Collection Area who comply with this article and other applicable code provisions.

Section 98.1-14 - Prohibition against use of curbside collection service

(a) Any Property or parcel of land within the Downtown Commercial Collection Area of the City generating weekly Refuse in excess of four (4) ninety-six gallon containers will be denied City curbside collection service due to volume. The Property Owner shall be responsible for arranging proper Disposal of Refuse and Recycling through a Solid Waste Hauler.

(b) All commercial properties located outside the City’s Downtown Commercial Collection Area shall be responsible for arranging proper Disposal of Refuse and Recycling through a licensed Solid Waste Hauler.

Section 98.1-15 - Conditions of Service

To qualify for this service under this article, Service Users must place all accumulated Refuse and Recycling in containers that meet the conditions set forth in Code §§ 98.1-16 - 98.1-18.

Section 98.1-16 - Refuse Container Requirements

Service Users within the City must set out Refuse in Suitable Containers for collection in compliance with Code §§ 98.1-21 and 98.1-22.

(a) City provided Refuse Containers or private Suitable Containers shall be used for City Refuse collection.

(1) The City will provide hard-sided Refuse Containers with tight fitting lids to Service Users in single family homes and townhomes for the purpose of Refuse collection. Service Users may receive additional City Refuse Containers, for a set fee, as set forth in an uncodified ordinance approved and amended by the City Council.

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(2) As a matter of health and safety, all Refuse must be placed in plastic bags and set in City Refuse Containers or private Suitable Containers for collection.

(3) Plastic bags will only be considered Suitable Containers during time frames specified by the City for periodic overflow. The time frames will be for specific holidays and other times of heavy Trash volume that the City will designate and notify Service Users through media generally available to alert Service Users to changes in Trash service. All plastic bags must be securely tied at the top and have sufficient wall strength to support fifty (50) pounds when lifted from the top.

(4) The City will not be responsible for replacement of non-Suitable Containers taken or damaged by the City or its agents, and will not be responsible for replacement of Suitable Containers taken or damaged by third parties.

(5) Refuse that is too large to fit into Refuse Containers is considered Bulk Waste. Service Users must call to schedule Bulk Waste collection and set out Bulk Waste in accordance with Code § 98.1–2.

Section 98.1-17- Recycling Container Requirements

Service Users within the City must set out Recycling in Suitable Containers for collection in compliance with Code §§ 98.1-21 and 98.1-22.

(a) City provided Recycling Containers or bins shall be used for City Recycling collection.

(1) Recycling shall be sorted in accordance with the regulations promulgated by the City Manager as recyclable and acceptable to the City for Recycling.

(2) Over-sized cardboard shall be broken down, flattened and taped together and set next to Recycling Container or bin.

(3) Only shredded paper set out for collection may be set out in clear plastic bags to ensure safety and visibility of contents.

(4) No Refuse, Yard Waste, plastic Trash bags, plastic shopping bags or plastic film may be placed in the City provided Recycling Containers or bins.

Section 98.1-18 - Yard Waste Container Requirements

For Yard Waste (except for the Curbside Leaf Collection Program): Service Users shall use a private Refuse Container, or paper biodegradable bag designed for Yard Waste, with sufficient wall strength to maintain physical integrity with a load weight not to exceed fifty (50) pounds.

(a) Yard Waste set out in a City provided Refuse Container or Recycling Container or in a plastic bag will not be collected in accordance with Code § 98.1.24.

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(b) Branches or limbs set out as Yard Waste shall not exceed four (4) feet in length and three (3) inches in diameter and shall be bundled and tied for collection or set out in a private Suitable Container.

(c) Yard Waste including all brush and bagged leaves shall be secured so as to prevent being blown and scattered by wind.

Section 98.1-19 - Noncompliance with Container Requirements

To address a violation of any provision of Code §§ 98.1-15 - 98.1-17, the City may pursue any or all of the following remedies:

(a) The City may choose not to collect the Refuse, Recycling or Yard Waste. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property in front of which such uncollected Refuse, Recycling or Yard Waste was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or

(b) The City may collect the Refuse, Recycling or Yard Waste notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the Owner or Occupant shall have twenty four (24) hours to remove the Trash. After such time, the City shall assess the actual cost of collection of the articleand a minimum charge for removal, which will be set by an uncodified ordinance, per truck load, against the Owner or Occupant of the Property in front of which such Refuse was placed.

(c) This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

(d) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

Section 98.1-20 - Ownership of Refuse and Recycling Containers

(a) Refuse and Recycling Containers are provided to Service Users by the City or its agent and shall remain the property of the City or its agent. In the event a Service User moves, the Service User shall leave the Refuse and Recycling Container behind to be used by the next customer occupying the Property being served.

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(b) City provided containers for Refuse and Recycling shall not be defaced, except that the address of the Property to which the container is provided may be marked on the underside of the container lid.

Section 98.1-21 - Placement of Containers, Bundles and Bulk Waste

The City or its agent may provide curbside Refuse and Recycling collection service to qualifying properties. The collection schedule shall be set by the Refuse and Recycling Coordinator, and a copy thereof shall be available to any City resident or business upon request. All collection services shall be subject to the regulations set forth in an uncodified ordinance and fee schedule adopted by the City Manager.

(a) All Refuse to be collected by the City shall be set out or located so that it can be easily and conveniently reached by collection crews at the curb or edge of the street no further than one (1) foot behind the curb or edge of the street on which the City provides collection.

(b) Refuse and Recycling Service Users located in the Downtown Commercial Collection Area shall be subject to the following collection procedures:

(1) Containers and Dumpsters holding Refuse and Recycling shall be placed in areas designated on the Downtown Commercial Collection Area map.

(2) It shall be unlawful to place containers, Dumpsters, bags or bins on sidewalks in the Downtown Commercial Collection Area from 10:00 a.m. to 3:00 p.m.

(3) Restaurants shall use only closed, non-leaking containers with tops for Refuse collection, with their name and address clearly marked on each container.

(4) Such Refuse and Recycling shall be so placed for collection at the curb not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.

(5) Emptied containers shall be removed by the Owner or Occupant from the sidewalk or street and returned to an enclosed/ screened area, no later than 10:00 a.m. the day of collection.

(c) Any additional Refuse and Recycling special collections and Disposal are subject to contract set forth between the commercial Owner or Occupant and the designated City contractor or through a licensed Private Hauler.

(d) Refuse and Recycling Service Users located in Residential areas shall be subject to the following collection procedures:

(1) Containers shall be set out no earlier than 12:00 p.m. the day prior to the day for collection and no later than 6:00 a.m. the day of collection.

(2) Following collection; all containers shall be removed from the curb, no later than 12:00 p.m. on the day following collection and may be stored in the rear or side

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yards only, in accordance with the requirements of this subsection, or may be effectively blocked from view by vegetation; otherwise, such containers shall be stored within a principal or accessory structure on the Property.

(3) Refuse and Recycling stored outdoors on private Property must be placed in a Refuse Container or Recycling Container and properly screened.

(4) Every Service User shall take adequate precautions to secure all Refuse, Recycling, Bulk Waste and Yard Waste in such a manner as to ensure the safety of the public.

(5) If Refuse, Recycling or Yard Waste is scattered or blown because the Occupant or Owner did not use a Suitable Container, then that Occupant or Owner is responsible for the scattering and may be charged with Littering under Code §§ 98.1-6, 98.1-7 and 98.1-9.

(6) Bulk Waste items shall be collected at curbside through scheduled collection only.(a) All Furniture bulk items are limited to two (2) cubic yards in volume, or three

(3) furniture items total per collection, whichever is less. (b) A maximum of two (2) rolls of carpet may be set out per collection. Each roll

may not exceed five (5) feet in length or weigh more than fifty (50) pounds. (c) All refrigerator or freezer doors must be removed prior to collection.

Section 98.1-22 - Noncompliance with Placement Requirements

To address a violation of any provision of Code §§ 98.1-20 – 98.1-21, the City may pursue any or all of the following remedies:

(a) The City may choose to confiscate City containers left out at the curb, or in the public right of way, outside the collection period. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property to which the container has been assigned to remove the container(s) from the curb, or public right of way, within a maximum period of twenty four (24) hours of the Notice of Violation being issued. The latter notice may be verbal or written and shall be provided as soon as is feasible after identifying the Violation.

(b) If the Owner or Occupant does not comply with the provisions of this article, the City shall after reasonable notice confiscate the City containers in Violation. There will be a minimum charge, set forth in an uncodified ordinance and fee schedule adopted by the City Manager, for the replacement of each Refuse or Recycling Container, against the Owner or Occupant of the Property to which the container(s) has or have been assigned.

(c) This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

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(d) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

Section 98.1-23 - Seasonal Curbside Leaf Collection Program

(a) The City provides an annual leaf collection program, for all City maintained streets, during the months of October through January. During such months, fallen leaves may be raked or swept to the curbside, or street edge, for vacuum collection.

It shall be unlawful to:

(1) Rake leaves into any street far enough from the curb or street edge so as to create a traffic hazard.

(2) Rake leaves into or near storm drains so as to create an obstruction and prevent the drainage of storm water from the street.

(3) Rake leaves onto a sidewalk so as to cover its entire width and obstruct pedestrian traffic on such sidewalk.

(b) During the months of January through October, all leaves must be bagged and placed for collection in accordance with Code § 98.1-18.

Section 98.1-24 - Non-collectable Items - generally

The following items are Non-collectable Items and shall not be set out by Service Users or collected by the City or designated Refuse and Recycling contractor, unless otherwise authorized by the City Manager:

(a) Household Hazardous Waste;(b) Hazardous Waste;(c) Explosives and Ammunition;(d) Electronic Waste; however, televisions and computer monitors may be scheduled

for collection;(e) Regulated Medical Waste;(f) Sharps in red “bio hazard” containers and loose Sharps.(g) Institutional Waste;(h) Industrial Waste;(i) Residential construction and or remodeling debris in excess of one (1) cubic yard,

greater than four (4) feet in length and/or greater than fifty (50) pounds;51

(j) Commercial construction and/or remodeling debris;(k) Stone, brick, sand, rock, asphalt, concrete, pavers, mulch, compost, topsoil;(l) Stumps, roots, fallen trees, tree trunks, limbs and branches in excess of four (4) feet

in length and three (3) inches in diameter and in excess of fifty (50) pounds;(m)Yard Waste and Recycling in plastic bags;(n) Yard Waste mixed with Refuse or Recycling;(o) Waste Tires;(p) Automobile parts;(q) Dead animals.

Section 98.1-25 - Uncollected Refuse, Recycling, Bulk Waste and Yard Waste

Where the City has not collected Refuse, Recycling, Bulk Waste and Yard Waste from curbside points of collection or elsewhere because such Refuse, Recycling, Bulk Waste and Yard Waste was not placed or prepared in accord with this article, the persons responsible for such placement shall remove that Refuse, Recycling, Bulk Waste and Yard Waste by the end of the designated collection day.

Section 98.1-26 – Noncompliance with Placement Requirements

To address a violation of any provision of Code §§ 98.1-23 - 98.1-25, the City may pursue any or all of the following remedies:

(a) The City may choose not to collect the Refuse, Recycling, Bulk Waste and Yard Waste. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property in front of which such uncollected Refuse, Recycling, Bulk Waste and Yard Waste was placed. The Property Owner or Occupant shall be have a maximum period of twenty four (24) hours of the notice to remove the trash. The latter Notice of Violation may be verbal or written and shall be provided as soon as is feasible after the rejection; or

(b) In the interest of health and safety, the City may collect the Refuse, Recycling, Bulk Waste and Yard Waste notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the City shall after reasonable notice assess the actual cost of collection, which will be set by an uncodified ordinance, per truck load, against the Owner of the Property in front of which such Refuse was placed. This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

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(c) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

ARTICLE III - COMMERCIAL SOLID WASTE COLLECTION GENERALLY

Section 98.1-27 - Commercial Solid Waste Collection – Generally

Solid Waste collection is mandatory for all Commercial Properties within the City. Commercial Properties outside the Downtown Commercial Collection Area must securethe services of a licensed Private Hauler.

(a) Commercial Properties using the services of a licensed Private Hauler shall cause Refuse, Recycling, Bulk Waste and Yard Waste to be collected from their respective buildings, establishments or property, and Disposed of, in such a manner as not to create a public nuisance or public health hazard.

(b) It shall be the duty of the Owner or operator of an establishment to use approved and appropriate Solid Waste containers. Open Roll-off Containers may not be used to collect, store, or transport Solid Waste or any other putrescible items except where by permitted use.

(c) Solid Waste shall be collected from all property not serviced by the City at least once each week.

2. This ordinance shall take effect upon second reading.

BY ORDER OF THE COUNCIL

_________________________Harry J. Parrish, II, MayorOn Behalf of the City Council ofManassas, Virginia

ATTEST:

__________________________City Clerk

MOTION:

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Date: __________SECOND: Regular Meeting

Ord. No. ________RE:

ACTION:

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

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ORDINANCE #O-2018-01

First Reading ________Second Reading ________Enacted ________Effective ________

AN ORDINANCE TO AMEND AND REENACT THE CODE OF ORDINANCES, CITY OF MANASSAS, VIRGINIA (2002), AS AMENDED,

BY AMENDING CHAPTER 98.1, SOLID WASTE

WHEREAS, the City Council of the City of Manassas (hereinafter “City Council”) has determined that it is in the best interest of the City of Manassas to amend and reenact the Solid Waste Ordinance, Chapter 98.1 of the Manassas City Code of Ordinances in order to bring the city’s solid waste regulations into compliance with the Code of Virginia.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in ___________ session this ____________ day of ______________, 2017:

1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by revising Chapter 98.1, as follows:

Chapter 98.1 - SOLID WASTE

ARTICLE I. - IN GENERAL

Sec. 98.1-1. - Finding and Purpose

(a) City Council finds that the protection, improvement and preservation of public health and the environment are essential to the general welfare of the residents of the City of Manassas. For this reason, a code of standards and procedures for the administration and enforcement of the City’s Municipal Solid Waste (MSW) have been established to the control, collection, transportation, and Disposal of MSW, and to promote source reduction and Recycling as means of reducing the amount of MSW that has to be Disposed. To these ends, this Chapter acknowledges and/or authorizes the following supporting documents that further describe critical elements of the City's Solid Waste management system that may be updated or revised from time to time:

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(1) The City's Solid Waste Management Plan;(2) The City’s Debris Management Plan;(3) The City's Recycling Program Requirements;(4) The City’s Litter Prevention Strategy;(5) Solid Waste Advisories;(6) Other City Solid Waste management program guidance and requirements, as they are developed by the City.

(b) Applicability. Except as otherwise provided, this Chapter, and any regulations or administrative directives or procedures issued under its authority, apply to all residents and commercial, industrial, and institutional establishments within or doing business within the City, and any person or entity who collects, transports, Disposes, or otherwise manages or arranges for management of MSW.

Section 98.1-2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

Bulk Waste means any item set out for curbside collection that is too large to fit into a Suitable Container, including but not limited to White Goods (appliances), rugs, mattresses, bed springs, furniture, exercise equipment, grills or other household items that are not otherwise prohibited.

Commercial Waste means all Solid Waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, Solid Waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.

Construction Waste means Solid Waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Residents are permitted to set out small amounts of remodeling/DIY waste, not to exceed no greater than four (4) feet in length and weighing no more than fifty (50) pounds excluding prohibited items, for scheduled Bulk Waste collection. Prohibited Construction Waste includes, but is not limited to: lumber over four (4) feet in length, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, metal, plastic pipes over four (4) feet in length, paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids –or the empty containers of any of the aforementioned materials.

Curbside Leaf Collection Program means the seasonal collection of loose leaves raked curbside by Owners or Occupants and collected by the City’s Department of Public Works.

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Downtown Commercial Collection Area means a Trash and Recycling collection area, as defined by the City Manager, that contains a mix of retail, service or apartments and is serviced by the City or its Refuse and Recycling contractor for Disposal, unless otherwise authorized by the City Manager.

Dispose means to get rid of something or throw something away.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any Solid Waste into or on any land or water so that such Solid Waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters.

Dumpster means a metal or plastic container generally used for automated collection of non-Residential Solid Waste containing doors and lids which may be secured to prevent the contents of the Dumpster from escaping.

Electronic Waste or eWaste means any unwanted, outdated or obsolete appliance or electronic device found in offices, homes and personal devices. Televisions, microwaves, computers and cell phones are all common examples of eWaste. Many electronic products include harmful materials such as lead, cadmium, chromium, brominated flame retardants or polychlorinated biphenyls (PCBs).

Garbage means readily putrescible Disposed materials composed of animal, vegetable or other organic matter.

Hazardous Waste means a "Hazardous Waste" as described by Virginia Hazardous Waste Management Regulations and the Virginia Administrative Code.

Household Hazardous Waste means any waste material derived from households which, except for the fact that it is derived from a household, would otherwise be classified as a Hazardous Waste in accordance with Virginia Administrative Code.

Household Waste means any waste material, including Garbage, Trash, Refuse, Recycling and Yard Waste derived from households. Households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. Household Wastes do not include sanitary waste in septic tanks.

Industrial Waste means any Solid Waste generated by manufacturing or industrial process that is not a regulated Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products;

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nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Institutional Waste means all Solid Waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It cannot include Regulated Medical Waste from health care facilities and research facilities that must be managed as a Regulated Medical Waste.

Land-Clearing Debris means vegetative waste resulting from land-clearing activities.

Landfill means a sanitary Landfill, an Industrial Waste Landfill, or a construction/demolition/debris Landfill.

Litter means any man-made material thrown, placed, deposited or caused to be placed, deposited or cast creating a danger to public health, safety, or welfare and/or degrading to the environment. "Litter" is not limited to but includes: paper, cigarette butts, cans, bottles, food wrappers and plastic bags. It can also range in size from tiny bits of paper to large appliances and automobiles.

Multifamily Dwelling includes any building or structure containing four or more contiguous living units and intended exclusively for Residential purposes.Municipal Solid Waste (MSW) means that waste which is normally composed of Residential, commercial, non-Residential and institutional Solid Waste and residues derived from combustion of these wastes, as defined in Virginia Administrative Code Solid Waste management regulations.

Non-collectable Item shall mean any Solid Waste item that will not be collected by the city or its Refuse and Recycling contractor for Disposal, unless otherwise authorized by the city manager.

Pollutant means any substance that causes or contributes to, or may cause or contribute to, environmental degradation when discharged into the environment.

Putrescible Waste means Solid Waste that contains organic material capable of decay by micro-organisms, which may cause odors.

Receptacle means a container that is specifically designed, constructed, and placed for public use as a depository for Litter or Solid Waste.

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Recycling means those items identified in regulations promulgated by the City Manager as recyclable and acceptable to the City for Recycling in accordance the City’s solid waste management plan.

Recycling Container means a reusable hard plastic cart with a tight fitting lid and handles of adequate strength for lifting fifty (50) pounds or reusable hard plastic bin, which is provided by or through the City or is otherwise approved by the City Manager.

Refuse means any and all Litter, rubbish, Garbage, Trash, waste, putrescible debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the property from which it is being collected.

Refuse Container means a cart provided by or through the City or is otherwise approved by the City Manager or a privately owned reusable container designed for Refuse made of plastic or metal with a tight fitting lid and handles of adequate strength for lifting fifty (50) pounds. Plastic bags will only be considered Suitable Containers during time frames specified by the City for periodic overflow.

Regulated Medical Waste means Solid Waste so defined by Virginia Administrative Code Regulated Medical Waste Management Regulations and promulgated by the Virginia Waste Management Board.

Residential means any structure used or constructed or modified or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or multiple-family apartment building or other similar structure containing three or fewer Residential units, and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple-family building or other similar structure shall be deemed a separate residence.

Roll-off Container means a temporary metal container, compacted or open, with or without wheels, designed and used by non-exclusive commercial Solid Waste Haulers for the collection and Disposal of Contractor, Construction or Demolition debris and/or large quantities of Solid Waste.Scrap Metal means metal parts such as bars, rods, wire, empty containers, or metal pieces that are Disposed and can be used, reused, or reclaimed.

Service User means Owners and Occupants of single family homes, town homes and businesses within the Downtown Commercial Collection Area that pay a monthly service fee for Refuse and Recycling collection through their utility bills.

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Sharps mean any devices with a sharp point or edge that can puncture or cut skin. This includes but is not limited to hollow needles used to inject drugs (medication) under the skin and syringes used to inject medication into or withdraw fluid from the body.

Solid Waste means any Garbage, Refuse, sludge and other discarded material. Thisincludes solid, liquid, semisolid or contained gaseous material regardless of source.Solid Waste Hauler means a licensed commercial or industrial hauler who collects and transports Solid Waste for the purpose of Disposal.

Suitable Container means City provided or private container for the storage and set out for Refuse, Recycling and Yard Waste, by Occupants and Owners, for collection by the City or designated Refuse and Recycling contractor as defined in Code §§ 98.1-16 and 98.1-17.

Transfer Station shall mean any legally authorized Solid Waste storage or collection facility at which Solid Waste is transferred from collection vehicles to transport vehicles for hauling to a central Solid Waste management facility for Disposal, incineration, or resource recovery.

Trash means combustible and noncombustible Disposed materials and is used interchangeably with the term rubbish

Violation means an action or activity that is in breach of the City Code.

Waste Tire means any tire that has been set out at the curb.

White Goods means any refrigerators, stoves, washers, dishwashers, hot water heaters, and other large appliances.

Yard Waste means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard Waste shall not include roots or stumps or any yard or lawn care material contaminated with soil. Branches or limbs set out as Yard Waste shall not exceed four (4) feet in length and three (3) inches in diameter and shall be bundled and tied for collection.

Section 98.1-3 - Rules and regulations

The City Manager may adopt rules and regulations with respect to Solid Waste collection. Such rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment.

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Section 98.1-4 – Enforcement

This chapter shall be enforced by the City Manager’s designee or authorized agent.

Section 98.1-5 – Violation of Chapter

Violation of any provision of this Chapter 98.1 of the City of Manassas Code shall constitute a Class 1 misdemeanor except as expressly provided elsewhere within this Chapter.

ARTICLE II – LITTERING AND DUMPINGSection 98.1-6 – Littering

(a) No person shall Litter upon or in any street, sidewalk, park, playground, school ground, or other publicly owned, rented or otherwise publicly controlled land or building within the City.

(b) Any person(s) using a City street, sidewalk, park, playground, school ground, or other publicly owned, rented or otherwise publicly controlled land or building for the sale or distribution of circulars, handbills, newspapers or any product that is packaged in immediately disposable wrappers or containers:

(1) Shall provide Receptacles for the Disposal of Refuse, Recycling or other Litter that may be created in the immediate vicinity by such sale or distribution;

(2) Shall request that all such Refuse, Recycling or Litter so created be placed in such Receptacle(s), and;

(3) Shall remove and Dispose of the Refuse, Recycling or Litter in accordance with City regulations.

Section 98.1-7 - Property to be Kept Free of Litter and Refuse

It shall be the duty of every Owner or Occupant of property, whether improved or unimproved, including lots and areas, to keep, or cause to be kept, such property clean and free of Litter and Refuse.

Section 98.1-8 - Vehicles Dropping Contents on Public Right of WayAny person who transports in any vehicle or in any other manner upon any public place any loose material or articles likely to shift, fall, spill, or be blown upon the public right way or place shall cover the contents thereof, or shall convey the contents in tightly secured and covered boxes or containers. If any of the contents shall be blown, spilled, fall or become scattered in or upon any public right of way or place, such person shall immediately cause such contents to be gathered up and removed.

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Sections 98.1-9 – 98.1-10 - Reserved

ARTICLE III - COLLECTION BY AN AUTHORIZED PERSON

Section 98.1-11 - Collection of Solid Waste Fees

Fees for Solid Waste collection shall be as set forth in an uncodified ordinance as approved and amended by the City Council.

Section 98.1-12 - Landlord and Tenant responsibility

Owners of Property in the City whose Property is eligible for service under this curbside collection program and their Tenant(s) must comply with provisions of this article.

Section 98.1-13 - Scope of Service

The City of Manassas may provide curbside Refuse and Recycling collection service to Service Users (excluding multi-family dwellings) and to businesses located within the Downtown Commercial Collection Area who comply with this article and other applicable code provisions.

Section 98.1-14 - Prohibition against use of curbside collection service

(a) Any Property or parcel of land within the Downtown Commercial Collection Area of the City generating weekly Refuse in excess of four (4) ninety-six gallon containers will be denied City curbside collection service due to volume. The Property Owner shall be responsible for arranging proper Disposal of Refuse and Recycling through a Solid Waste Hauler.

(b) All commercial properties located outside the City’s Downtown Commercial Collection Area shall be responsible for arranging proper Disposal of Refuse and Recycling through a licensed Solid Waste Hauler.

Section 98.1-15 - Conditions of Service

To qualify for this service under this article, Service Users must place all accumulated Refuse and Recycling in containers that meet the conditions set forth in Code §§ 98.1-16 - 98.1-18.

Section 98.1-16 - Refuse Container Requirements

Service Users within the City must set out Refuse in Suitable Containers for collection in compliance with Code §§ 98.1-21 and 98.1-22.

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(a) City provided Refuse Containers or private Suitable Containers shall be used for City Refuse collection.

(1) The City will provide hard-sided Refuse Containers with tight fitting lids to Service Users in single family homes and townhomes for the purpose of Refuse collection. Service Users may receive additional City Refuse Containers, for a set fee, as set forth in an uncodified ordinance approved and amended by the City Council.

(2) As a matter of health and safety, all Refuse must be placed in plastic bags and set in City Refuse Containers or private Suitable Containers for collection.

(3) Plastic bags will only be considered Suitable Containers during time frames specified by the City for periodic overflow. The time frames will be for specific holidays and other times of heavy Trash volume that the City will designate and notify Service Users through media generally available to alert Service Users to changes in Trash service. All plastic bags must be securely tied at the top and have sufficient wall strength to support fifty (50) pounds when lifted from the top.

(4) The City will not be responsible for replacement of non-Suitable Containers taken or damaged by the City or its agents, and will not be responsible for replacement of Suitable Containers taken or damaged by third parties.

(5) Refuse that is too large to fit into Refuse Containers is considered Bulk Waste. Service Users must call to schedule Bulk Waste collection and set out Bulk Waste in accordance with Code § 98.1–2.

Section 98.1-17- Recycling Container Requirements

Service Users within the City must set out Recycling in Suitable Containers for collection in compliance with Code §§ 98.1-21 and 98.1-22.

(a) City provided Recycling Containers or bins shall be used for City Recycling collection.

(1) Recycling shall be sorted in accordance with the regulations promulgated by the City Manager as recyclable and acceptable to the City for Recycling.

(2) Over-sized cardboard shall be broken down, flattened and taped together and set next to Recycling Container or bin.

(3) Only shredded paper set out for collection may be set out in clear plastic bags to ensure safety and visibility of contents.

(4) No Refuse, Yard Waste, plastic Trash bags, plastic shopping bags or plastic film may be placed in the City provided Recycling Containers or bins.

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Section 98.1-18 - Yard Waste Container Requirements

For Yard Waste (except for the Curbside Leaf Collection Program): Service Users shall use a private Refuse Container, or paper biodegradable bag designed for Yard Waste, with sufficient wall strength to maintain physical integrity with a load weight not to exceed fifty (50) pounds.

(a) Yard Waste set out in a City provided Refuse Container or Recycling Container or in a plastic bag will not be collected in accordance with Code § 98.1.24.

(b) Branches or limbs set out as Yard Waste shall not exceed four (4) feet in length and three (3) inches in diameter and shall be bundled and tied for collection or set out in a private Suitable Container.

(c) Yard Waste including all brush and bagged leaves shall be secured so as to prevent being blown and scattered by wind.

Section 98.1-19 - Noncompliance with Container Requirements

To address a violation of any provision of Code §§ 98.1-15 - 98.1-17, the City may pursue any or all of the following remedies:

(a) The City may choose not to collect the Refuse, Recycling or Yard Waste. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property in front of which such uncollected Refuse, Recycling or Yard Waste was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or

(b) The City may collect the Refuse, Recycling or Yard Waste notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the Owner or Occupant shall have twenty four (24) hours to remove the Trash. After such time, the City shall assess the actual cost of collection of the articleand a minimum charge for removal, which will be set by an uncodified ordinance, per truck load, against the Owner or Occupant of the Property in front of which such Refuse was placed.

(c) This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

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(d) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

Section 98.1-20 - Ownership of Refuse and Recycling Containers

(a) Refuse and Recycling Containers are provided to Service Users by the City or its agent and shall remain the property of the City or its agent. In the event a Service User moves, the Service User shall leave the Refuse and Recycling Container behind to be used by the next customer occupying the Property being served.

(b) City provided containers for Refuse and Recycling shall not be defaced, except that the address of the Property to which the container is provided may be marked on the underside of the container lid.

Section 98.1-21 - Placement of Containers, Bundles and Bulk Waste

The City or its agent may provide curbside Refuse and Recycling collection service to qualifying properties. The collection schedule shall be set by the Refuse and Recycling Coordinator, and a copy thereof shall be available to any City resident or business upon request. All collection services shall be subject to the regulations set forth in an uncodified ordinance and fee schedule adopted by the City Manager.

(a) All Refuse to be collected by the City shall be set out or located so that it can be easily and conveniently reached by collection crews at the curb or edge of the street no further than one (1) foot behind the curb or edge of the street on which the City provides collection.

(b) Refuse and Recycling Service Users located in the Downtown Commercial Collection Area shall be subject to the following collection procedures:

(1) Containers and Dumpsters holding Refuse and Recycling shall be placed in areas designated on the Downtown Commercial Collection Area map.

(2) It shall be unlawful to place containers, Dumpsters, bags or bins on sidewalks in the Downtown Commercial Collection Area from 10:00 a.m. to 3:00 p.m.

(3) Restaurants shall use only closed, non-leaking containers with tops for Refuse collection, with their name and address clearly marked on each container.

(4) Such Refuse and Recycling shall be so placed for collection at the curb not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.

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(5) Emptied containers shall be removed by the Owner or Occupant from the sidewalk or street and returned to an enclosed/ screened area, no later than 10:00 a.m. the day of collection.

(c) Any additional Refuse and Recycling special collections and Disposal are subject to contract set forth between the commercial Owner or Occupant and the designated City contractor or through a licensed Private Hauler.

(d) Refuse and Recycling Service Users located in Residential areas shall be subject to the following collection procedures:

(1) Containers shall be set out no earlier than 12:00 p.m. the day prior to the day for collection and no later than 6:00 a.m. the day of collection.

(2) Following collection; all containers shall be removed from the curb, no later than 12:00 p.m. on the day following collection and may be stored in the rear or side yards only, in accordance with the requirements of this subsection, or may be effectively blocked from view by vegetation; otherwise, such containers shall be stored within a principal or accessory structure on the Property.

(3) Refuse and Recycling stored outdoors on private Property must be placed in a Refuse Container or Recycling Container and properly screened.

(4) Every Service User shall take adequate precautions to secure all Refuse, Recycling, Bulk Waste and Yard Waste in such a manner as to ensure the safety of the public.

(5) If Refuse, Recycling or Yard Waste is scattered or blown because the Occupant or Owner did not use a Suitable Container, then that Occupant or Owner is responsible for the scattering and may be charged with Littering under Code §§ 98.1-6, 98.1-7 and 98.1-9.

(6) Bulk Waste items shall be collected at curbside through scheduled collection only.

(a) All Furniture bulk items are limited to two (2) cubic yards in volume, or three (3) furniture items total per collection, whichever is less.

(b) A maximum of two (2) rolls of carpet may be set out per collection. Each roll may not exceed five (5) feet in length or weigh more than fifty (50) pounds.

(c) All refrigerator or freezer doors must be removed prior to collection.

Section 98.1-22 - Noncompliance with Placement Requirements

To address a violation of any provision of Code §§ 98.1-20 – 98.1-21, the City may pursue any or all of the following remedies:

(a) The City may choose to confiscate City containers left out at the curb, or in the public right of way, outside the collection period. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property to which the

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container has been assigned to remove the container(s) from the curb, or public right of way, within a maximum period of twenty four (24) hours of the Notice of Violation being issued. The latter notice may be verbal or written and shall be provided as soon as is feasible after identifying the Violation.

(b) If the Owner or Occupant does not comply with the provisions of this article, the City shall after reasonable notice confiscate the City containers in Violation. There will be a minimum charge, set forth in an uncodified ordinance and fee schedule adopted by the City Manager, for the replacement of each Refuse or Recycling Container, against the Owner or Occupant of the Property to which the container(s) has or have been assigned.

(c) This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

(d) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

Section 98.1-23 - Seasonal Curbside Leaf Collection Program

(a) The City provides an annual leaf collection program, for all City maintained streets, during the months of October through January. During such months, fallen leaves may be raked or swept to the curbside, or street edge, for vacuum collection.

It shall be unlawful to:

(1) Rake leaves into any street far enough from the curb or street edge so as to create a traffic hazard.

(2) Rake leaves into or near storm drains so as to create an obstruction and prevent the drainage of storm water from the street.

(3) Rake leaves onto a sidewalk so as to cover its entire width and obstruct pedestrian traffic on such sidewalk.

(b) During the months of January through October, all leaves must be bagged and placed for collection in accordance with Code § 98.1-18.

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Section 98.1-24 - Non-collectable Items - generally

The following items are Non-collectable Items and shall not be set out by Service Users or collected by the City or designated Refuse and Recycling contractor, unless otherwise authorized by the City Manager:

(a) Household Hazardous Waste;(b) Hazardous Waste;(c) Explosives and Ammunition;(d) Electronic Waste; however, televisions and computer monitors may be scheduled

for collection;(e) Regulated Medical Waste;(f) Sharps in red “bio hazard” containers and loose Sharps.(g) Institutional Waste;(h) Industrial Waste;(i) Residential construction and or remodeling debris in excess of one (1) cubic yard,

greater than four (4) feet in length and/or greater than fifty (50) pounds;(j) Commercial construction and/or remodeling debris;(k) Stone, brick, sand, rock, asphalt, concrete, pavers, mulch, compost, topsoil;(l) Stumps, roots, fallen trees, tree trunks, limbs and branches in excess of four (4) feet

in length and three (3) inches in diameter and in excess of fifty (50) pounds;(m)Yard Waste and Recycling in plastic bags;(n) Yard Waste mixed with Refuse or Recycling;(o) Waste Tires;(p) Automobile parts;(q) Dead animals.

Section 98.1-25 - Uncollected Refuse, Recycling, Bulk Waste and Yard Waste

Where the City has not collected Refuse, Recycling, Bulk Waste and Yard Waste from curbside points of collection or elsewhere because such Refuse, Recycling, Bulk Waste and Yard Waste was not placed or prepared in accord with this article, the persons responsible for such placement shall remove that Refuse, Recycling, Bulk Waste and Yard Waste by the end of the designated collection day.

Section 98.1-26 – Noncompliance with Placement Requirements

To address a violation of any provision of Code §§ 98.1-23 - 98.1-25, the City may pursue any or all of the following remedies:

(a) The City may choose not to collect the Refuse, Recycling, Bulk Waste and Yard Waste. In such case, a Notice of Violation may be given to the Owner or Occupant of the Property in front of which such uncollected Refuse, Recycling,

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Bulk Waste and Yard Waste was placed. The Property Owner or Occupant shall be have a maximum period of twenty four (24) hours of the notice to remove the trash. The latter Notice of Violation may be verbal or written and shall be provided as soon as is feasible after the rejection; or

(b) In the interest of health and safety, the City may collect the Refuse, Recycling, Bulk Waste and Yard Waste notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the City shall after reasonable notice assess the actual cost of collection, which will be set by an uncodified ordinance, per truck load, against the Owner of the Property in front of which such Refuse was placed. This charge shall be billed to the Owner or Occupant, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the Owner of any such Property shall have been assessed and which remains unpaid shall constitute a lien against such Property.

(c) The City may issue a civil penalty, not to exceed fifty (50) dollars for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred (200) dollars. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand (3,000) dollars in a twelve (12) month period.

ARTICLE III - COMMERCIAL SOLID WASTE COLLECTION GENERALLY

Section 98.1-27 - Commercial Solid Waste Collection – Generally

Solid Waste collection is mandatory for all Commercial Properties within the City. Commercial Properties outside the Downtown Commercial Collection Area must secure the services of a licensed Private Hauler.

(a) Commercial Properties using the services of a licensed Private Hauler shall cause Refuse, Recycling, Bulk Waste and Yard Waste to be collected from their respective buildings, establishments or property, and Disposed of, in such a manner as not to create a public nuisance or public health hazard.

(b) It shall be the duty of the Owner or operator of an establishment to use approved and appropriate Solid Waste containers. Open Roll-off Containers may not be used to collect, store, or transport Solid Waste or any other putrescible items except where by permitted use.

(c) Solid Waste shall be collected from all property not serviced by the City at least once each week.

2. This ordinance shall take effect upon second reading.

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BY ORDER OF THE COUNCIL

_________________________Harry J. Parrish, II, MayorOn Behalf of the City Council ofManassas, Virginia

ATTEST:

__________________________City Clerk

MOTION:Date: __________

SECOND: Regular MeetingOrd. No. ________

RE:

ACTION:

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

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Revisions to Solid Waste Codeand

Commercial Solid Waste Collection Planfor Historic Downtown Manassas

Presented by:Monica BoehringerRefuse and Recycling Coordinator

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Revising the Solid Waste Code:

Excess bulk waste Raw trash

Contractor DebrisCarts left in common areas

Illegal dumping

Evictions

Plastic Bags

Carts left at curb

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Proposed Solid Waste Code Changes:

Violators have 24 hours to respond. A scale of fines in line with VA Code. Violators charged for the removal and disposal. Confiscation and fines for abandoned carts. Landlord and Tenant share responsibility. Littering ordinances for public and private property. Restrictions on volume of bulk waste. Guidance on curbside leaf collection.

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Businesses and the Solid Waste Code:

• Commercial ordinances introduced.• Business owners to keep their premises free of litter. • Commercial Trash and Recycling Collection in Historic

Downtown area.

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Current Problems with Litter and Trashin Historic Downtown Manassas:

• Timing• Access• Volume• Cost• Recycling• Litter

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What have we done so far?

Consultations Option in new contract with American. New contract with Didlake. Litter Prevention Plan. Event permitting includes litter clean-up. Adopta! program

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Proposed Commercial Waste Collection Plan:

A sliding scale of rates Option to keep an existing hauler New incentives for recycling Litter reduction program Outreach to landlords and tenants

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Proposed Commercial Service Area

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Businesses Outside Historic Downtown

Businesses outside the Historic Downtown area will not receive trash and recycling collection from the City.

• 41 businesses affected• American Disposal Services offers alternative without disruption• Businesses can make a potential cost savings

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Thank you for your time and consideration!

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 10 Minutes

Agenda Title: Annual Report: Citizen’s Advisory Committee on Solid Waste

Recommendation: Information Item Only

Motion: N/A

Date Last Consideredby City Council:

N/A

Summary and/orComments:

Catherine Lemmon, Chair of the Citizen’s Advisory Committee on Solid Waste, will present the annual report to City Council.

Board – Committee – or Commission Reviewed: N/A

Fiscal Impact: N/A

Staff Contact: Monica Boehringer, Refuse and Recycling Coordinatormboehringer@manassasva.gov(703) 257-8256

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 5 Minutes

Agenda Title: Memorandum of Understanding (MOU) for Shared Services Between the City of Manassas City Council and the School Board of the City of Manassas

Recommendation: Approve the MOU for Shared Services

Motion: I move that the Memorandum of Understanding for Shared Services between the City of Manassas City Council and the School Board of the City of Manassas be approved.

Date Last Consideredby City Council: N/A

Summary and/orComments:

The Mayor and Chairman of the School Board appointed two members of City Council and the School Board to serve on a Joint Facilities Use Committee to create a formal shared use facility agreement to document the historic cooperation between the Schools and the City Government. In addition, the committee discussed opportunities to share resources, expertise, and planning assets to cooperatively implement the adopted Capital Improvement Programs. The Joint Facilities Use Committee met in September and October to develop and review the Memorandum of Understanding for Shared Services.

Board – Committee – or Commission Reviewed:

Joint Facilities Use Committee – Recommended Approval of MOUs to Respective Elected Bodies, 4/0

Tuesday, September 5 Saturday, September 23 Thursday, September 28 Monday, October 30

Fiscal Impact: N/A

Staff Contact: W. Patrick Pate, City Managerppate@manassasva.gov(703) 257-8212

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MEMORANDUM OF UNDERSTANDING FOR SHARED SERVICES

CITY OF MANASSAS MANASSAS CITY PUBLIC SCHOOLS

This MEMORANDUM OF UNDERSTANDING FOR SHARED SERVICES (hereinafter referred to as the “Agreement”) to define and establish the services shared by both parties, dated this _______ day of _________________, 2017, by and between the CITY OF MANASSAS CITY COUNCIL, VIRGINIA (hereinafter referred to as the “City”) and the SCHOOL BOARD OF THE CITY OF MANASSAS (hereinafter referred to as the “MCPS”).

WITNESSETH: RECITALS:

A. The operations performed by the City and MCPS are funded by the citizens of the City of Manassas; and,

B. Our citizens expect that both parties shall endeavor to foster youth, civic, and community activities that contribute to the well-being of our citizens and the high quality education of our students in the most economically viable manner; and,

C. The City and MCPS individually provide services to the other party that should be memorialized in an agreement.

To that end, and for and in consideration of the mutual covenants contained herein, the City and MCPS agree as follows: 1. Term

This Agreement will begin on adoption and will continue to the end of the fiscal year (June 30th), and then shall be automatically renewed on an annual basis, unless sooner terminated or amended as provided for hereinafter in Section 7.

2. Cooperative Agreement

As provided herein, the City and MCPS hereby agree to cooperate in coordinating services for the other party as specified in this Agreement. The City and MCPS shall have the right to add or exclude services during the term of this Agreement, provided that any such change shall be incorporated as a written Appendix to this Agreement, approved by both the City and MCPS.

3. General Conditions

A. The City and MCPS shall cooperate to maximize opportunities to share services to maximize the

efficient use of public funds. 83

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B. On an annual basis or as conditions warrant, the City and MCPS shall meet at their discretion to review this Agreement and to discuss issues relevant to all parties.

C. Nothing in this Agreement shall preclude the parties from adopting similar agreements for specific services or opportunities.

4. Compliance with Law

All use of City and MCPS Property shall be in accordance with state and local law. In the case of a conflict between the terms of this Agreement and the requirements of Commonwealth law, the Commonwealth law shall govern. Any actions taken by the City or MCPS that are required by Commonwealth law, but are inconsistent with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement.

5. Communication

The City and MCPS shall respectively designate an employee with whom the other party, or any authorized agent of the party, may confer regarding the terms of this Agreement. City Contact: City Manager – (703) 257-8212 MCPS Contact: Superintendent – (571) 377-6008

6. Documentation and Allocation of Operational Costs

The City and MCPS shall each track activities performed under this Agreement. The City and MCPS shall maintain records of costs associated with the Agreement.

7. Termination

This Agreement may be terminated at any time prior to its expiration, for cause upon three (3) months written notice.

8. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior negotiations, representations, agreements, and understandings.

9. Amendments

The Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

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This Agreement shall take effect upon the date indicated above. City of Manassas, Virginia Manassas City Public Schools

Harry J. Parrish, II, Mayor

Tim Demeria, Chairman

Attest: Attest:

Andrea P. Madden, City Clerk Alba Garza, Clerk of School Board

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MEMORANDUM OF UNDERSTANDING FOR SHARED SERVICES

CITY OF MANASSAS MANASSAS CITY PUBLIC SCHOOLS

APPENDIX 1

City Services to Manassas City Public Schools

Adoption Date : ____________ City: ____________

MCPS: ____________ In the course of services typically performed by City personnel, the following services are provided by the City of Manassas to the Manassas City Public Schools: 1. Snow Removal – During snow events, City personnel shall push snow from MCPS school parking

lots and bus loops. City personnel shall also push snow from sidewalks within the Right-of-Way in front of schools and from bus stops as identified by MCPS. The City will also provide salt to MCPS for use at school properties.

2. Mowing – City personnel or contractors shall mow and maintain school grounds, exclusive of sports fields.

3. Capital Improvements to School Recreational Facilities Used by the Community – The parties shall share capital improvement costs to the facilities identified in Appendix 3 on a 50/50 basis. City personnel also maintain the playground equipment and annually install mulch at playgrounds.

4. Use of Public Works Compound – The City shall provide space for school bus parking in the Public Works Compound. In addition, space is provided for a trailer for drivers near the bus parking area. The City also provides 1,600 SF of office space in Building A and 2,900 SF of office/storage space in Building B. MCPS shall pay for direct expenses (i.e. utilities) for MCPS facilities.

5. School Zone Signage – The City shall install and maintain flashing school zone and pedestrian crossing signs at MCPS schools as warranted. The cost of MCPS project-related improvements will be paid for by MCPS.

6. Development Review Fees – The City shall waive development review fees for MCPS projects. 7. City Hall – The City shall provide use of the Council Chambers, to include the video recording

equipment, to MCPS for School Board meetings when scheduled with the City Clerk. 8. Exterior School Garbage Cans – The City shall provide collection of garbage from thirty-two (32)

gallon garbage cans located on the exterior of school properties. 9. School Bus Maintenance – The City shall provide maintenance of school buses at established labor

rates and part costs. 10. Manassas Museum – The City shall waive programs and tours fees for MCPS field trips.

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MEMORANDUM OF UNDERSTANDING FOR SHARED SERVICES

CITY OF MANASSAS MANASSAS CITY PUBLIC SCHOOLS

APPENDIX 2

Manassas City Public Schools Services to City

Adoption Date : ____________ City: ____________

MCPS: ____________

In the course of services typically performed by MCPS personnel, the following services are provided by the Manassas City Public Schools to the City: 1. MCPS School Use by the City– MCPS shall waive user fees to the City for public meetings at

schools. 2. Voting Precincts – MCPS shall waive user fees to the City for use of schools as voting precincts. 3. Johnson Wing at Osbourn High School – MCPS shall waive user fees to the City for use of the

Johnson Wing and its parking lot for the Fourth of July event. 4. School Buses – MCPS shall waive user fees to the City for use of school buses for City sponsored

events (i.e. Air Show, Civil War Weekend, etc.). The City will pay direct labor costs for bus drivers. 5. Snow Removal – MCPS personnel shall remove snow from building sidewalks at MCPS facilities. 6. Emergency Shelters – MCPS shall waive user fees to the City for use of schools as emergency

shelters. 7. Emergency Response Training – MCPS shall waive user fees for the City of Manassas Police

Department to conduct training events at MCPS facilities and/or for the use of buses. 8. Out of District Students – MCPS shall waive the fees associated with City employees who reside

outside of the School District if their children attend MCPS, if space is available.

87

6

MEMORANDUM OF UNDERSTANDING FOR SHARED SERVICES

CITY OF MANASSAS

MANASSAS CITY PUBLIC SCHOOLS

APPENDIX 3 MCPS Playgrounds, Courts, & Fields Available

for Community Recreational Use

Adoption Date : ____________ City: ____________

MCPS: ____________ At the conclusion of MCPS instruction programs, student activities, and activities of school related groups, the following school facilities will be made available to the City’s Division of Parks, Culture, and Recreation (PCR) and the public for recreational uses:

School Playground Courts Fields Baldwin Elementary/Intermediate X X

Haydon Elementary X X X Metz Middle X Osbourn High X

Round Elementary X X X Weems Elementary X X X Dean Elementary X X X

Organized use of courts and fields by PCR or the public shall be scheduled in advance by contacting the individual school. MCPS reserves the right to close playgrounds, courts, and fields, even if previously reserved due to conditions that could result in damage to the facilities. Courts may include basketball courts, tennis courts, multi-purpose courts, etc.

88

City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 5 Minutes

Agenda Title: Memorandum of Understanding (MOU) for Shared Capital Project Planning Between the City of Manassas City Council and the School Board of the City of Manassas

Recommendation: Approve the MOU for Shared Capital Project Planning

Motion: I move that the Memorandum of Understanding for Shared Capital Project Planning between the City of Manassas City Council and the School Board of the City of Manassas be approved.

Date Last Consideredby City Council: N/A

Summary and/orComments:

The Mayor and Chairman of the School Board appointed two members of City Council and the School Board to serve on a Joint Facilities Use Committee to create a formal shared use facility agreement to document the historic cooperation between the Schools and the City Government. In addition, the committee discussed opportunities to share resources, expertise, and planning assets to cooperatively implement the adopted Capital Improvement Programs. The Joint Facilities Use Committee met in September and October to develop and review the Memorandum of Understanding for Shared Capital Project Planning.

Board – Committee – or Commission Reviewed:

Joint Facilities Use Committee – Recommended Approval of MOUs to Respective Elected Bodies, 4/0

Tuesday, September 5 Saturday, September 23 Thursday, September 28 Monday, October 30

Fiscal Impact: N/A

Staff Contact: W. Patrick Pate, City Managerppate@manassasva.gov(703) 257-8212 89

1

MEMORANDUM OF UNDERSTANDING FOR SHARED CAPITAL PROJECT PLANNING

CITY OF MANASSAS MANASSAS CITY PUBLIC SCHOOLS

This MEMORANDUM OF UNDERSTANDING FOR SHARED PROJECT PLANNING (hereinafter referred to as the “Agreement”) to define and establish the joint capital projects that shall be planned cooperatively, dated this _______ day of _________________, 2017, by and between the CITY OF MANASSAS CITY COUNCIL (hereinafter referred to as the “City”) and the SCHOOL BOARD OF THE CITY OF MANASSAS (hereinafter referred to as the “MCPS”).

WITNESSETH: RECITALS:

A. The operations performed by the City and MCPS are funded by the citizens of the City of Manassas; and,

B. Our citizens expect that both parties shall endeavor to foster youth, civic, and community activities that contribute to the well-being of our citizens and high quality education of our students in the most economically viable manner; and,

C. There is a benefit to the community to maximizing the use of the City’s land area. To that end, the City and MCPS agree that the Staff’s shall cooperatively plan the following capital projects: 1. Dean School Replacement/Dean Park/Jennie Dean Memorial

Collectively, the land currently occupied by Dean Elementary School, Dean Park and the Jennie Dean Memorial is approximately 106 acres and there is a benefit to utilizing the acreage in the most cost effective manner that is beneficial to the citizenry. To that end, the City and MCPS shall cooperate on the design and construction of the Dean replacement school, Dean Park and Memorial enhancements and determine the most effective design to meet both instructional and community needs.

2. Reuse of Manassas City Police Department Building (9518 Fairview Avenue)

The parties shall direct Staff to cooperate on a study of the feasibility and cost of reuse of the building at 9518 Fairview Avenue as administrative offices for the Manassas City Public Schools and to bring back those costs and a recommendation to the City Council and School Board.

This Agreement shall take effect upon the date indicated above. 90

2

City of Manassas, Virginia Manassas City Public Schools

Harry J. Parrish, II, Mayor

Tim Demeria, Chairman

Attest: Attest:

Andrea P. Madden, City Clerk Alba Garza, Clerk of School Board

91

City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 10 minutes

Agenda Title: Public Hearing: SUP #2018-02: Wonder Kids, 9104 Mathis Avenue Unit #14

Recommendation: Close the public hearing and schedule action for Monday, November 27,2017.

Motion: I move that the public hearing be closed and action scheduled for Monday, November 27, 2017.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

Consideration of a request for a special use permit to allow a Place of Assembly (50+ persons) for indoor recreation, specifically for an indoor children’s play gym within the Manassas Shopping Center.

Board – Committee – or Commission Reviewed:

Planning Commission – October 4, 2017 (Recommended Approval 7/0)

Fiscal Impact: N/A

Staff Contact: Matthew D. Arcieri, AICP, Planning & Zoning Managermarcieri@manassasva.gov(703) 257-8232

92

CITY OF MANASSAS CITY COUNCIL STAFF REPORTWONDER KIDS, 9104 MATHIS AVENUE #14

SUP #2018-02

Proposed Use: Place of Assembly (50+ Persons) for indoor recreation

Tenant Address: 9104 Mathis Avenue, #14

Parcel Address: 9016 Mathis Avenue

Existing Zoning: B-4, General Commercial

Parcel Size: 10.91 acre parcel, ±6,000 SF tenant space

Comprehensive Plan Designation: Mathis Corridor

Date Accepted for Review: September 15, 2017Planning Commission Hearing: October 4, 2017City Council Hearing: November 13, 2017

93

SUP #2018-02, Wonder KidsNovember 10, 2017

Page 2

SUP #2018-02, Wonder Kids9104 Mathis Avenue Unit #14

Public Hearing Dates:Planning Commission: October 4, 2017

City Council: November 13, 2017

Recommendation:Staff: Approval

Planning Commission: Approval

OVERVIEW OF REQUEST

Request: To consider a special use permit for a place of assembly, 50+ persons, for indoor recreation.

Surrounding Land Uses:

MEMORANDUMCITY OF MANASSAS

Department of Community Development

Heavy Equipment Sales and Rental

Manassas Shopping Center

Single-Family Detached Residential

Townhouses

Special Use Permit Area Motor Vehicle

Sales and Repair Uses

94

SUP #2018-02, Wonder KidsNovember 10, 2017

Page 3

Level of Service: Any level of service impacts related to this request would be mitigated by theconditions dated September 29, 2017.

Public Comments: This case has been advertised in accordance with requirements of the Code of Virginia and the City of Manassas, including newspaper advertisement, adjacent property owner notification (a total of 54 mailings), and public hearing signs posted on the property. No comments have been received to date.

PLANNING COMMISSION RECOMMENDATION

The Planning Commission held a public hearing on October 4, 2017, and recommended approval as conditioned by a vote of 7-0. Planning Commission minutes and resolution are attached.

STAFF RECOMMENDATION

Staff finds that the applicant’s proposal is consistent with the Comprehensive Plan and, with the proposed mitigating conditions, is compatible with adjacent land uses. Staff recommends approval of SUP #2018-02, Wonder Kids, as conditioned dated September 29, 2017.

Staff: Matthew Arcieri, AICP

Contact Information: 703-257-8232, marcieri@manassasva.gov

Attachments:1. Staff Analysis2. Conditions dated September 29, 20173. Generalized Development Plan (GDP)4. Planning Commission Minutes and Resolution

Agency comments have been incorporated into Attachment 1. Staff Analysis. Application and preliminary agency comments are available at the Department of Community Development

office (9027 Center Street, Room 202, Manassas, VA 20110) and can be provided upon request.

95

SUP #2018-02, Wonder KidsNovember 10, 2017

Page 4

ATTACHMENT 1: STAFF ANALYSIS

Background and History:

The applicant is requesting a special use permit to allow a Place of Assembly (50+ persons) for indoor recreation, specifically for an indoor children’s play gym within the Manassas Shopping Center. The business will have a variety of structures (e.g., slides, ball pits) for supervised playand birthday parties. Day care services will not be provided.

Comprehensive Plan Analysis:

The subject property is zoned B-4, General Commercial, and is designated Mathis Corridor in the Comprehensive Plan. The proposed use is consistent with B-4, General Commercial, zoning and the Comprehensive Plan.

Land Use

Manassas will maintain its existing pattern of residential, commercial, and open space land uses, emphasize improved design principles, promote mixed uses compatible with existing

neighborhoods, accommodate high quality infill and redevelopment where appropriate, and reinforce the unique and positive qualities of diverse neighborhoods.

The applicant proposes to use a storefront space in the Manassas Shopping Center for indoor recreation. Manassas Shopping Center, constructed in 1958, contains a collection of retail shops, restaurants, and assembly uses (e.g., Bowl America, Prince William Islamic Center).

There will be no exterior changes to the appearance of the building, and visual impacts will be minimal. The conditions require all activity to be conducted indoors, further limiting any potential impacts on adjacent land uses.

Goal/Objective/Strategy Staff Analysis Chapter 3: Land Use (Comprehensive Plan)Strategy 3.2.1: Assess development or redevelopment impacts on the visual quality, mobility and cohesiveness of the community, and additional factors that otherwise define its character.

As an internal tenant fit-out, this project has minimal external impacts on the community.

Goal/Objective/Strategy Staff AnalysisMathis Avenue Sector PlanGoal 7: Create more active and community oriented spaces for adults and children including active public space and civic art.

Project provides an indoor recreation usethat compliments similar existing uses in the vicinity.

96

SUP #2018-02, Wonder KidsNovember 10, 2017

Page 5

Mobility

Manassas will have a safe, efficient, multi-modal transportation system with streets sufficient to support businesses and residents, providing public transportation and pedestrian- and bicycle-friendly facilities, while being sensitive to the design context of the City and its neighborhoods.

On-site parking is provided with direct access directly onto Mathis Avenue and Sudley Road. A traffic impact analysis is not warranted for the use.

Public Safety

Public Safety: Manassas City provides premier police, fire and rescue services and facilities, protecting the lives and property of our citizens with well-trained and equipped personnel

closely engaged with the community. The City is prepared to respond to and protect against natural and man-made disasters and threats.

This request requires interior modifications of tenant space with no exterior modifications. As such, life safety reviews by Building Official, Fire Marshal, and Police will occur as required through the building permitting process.

Utilities

Public Utilities: City of Manassas utilities are well-maintained to provide quality, dependable service to our citizens and are carefully planned to support economic development with

sufficient system capacity to meet anticipated long-term growth in an environmentally sensitive manner.

All utilities are currently connected to the site.

PROPOSED CONDITIONS

Overview:

The conditions, as proposed, would permit the place of assembly and establish the proposed floor plans as the approved plan for the use. Additional mitigating conditions of the SUP are as follows:

- Condition #1 limits the use of the property to an assembly use for an indoor recreation facility.

- Condition #2 requires all activity to be conducted inside the building.

97

SUP #2018-02, Wonder KidsNovember 10, 2017

Page 6

- Condition #4 prohibits the loading/unloading of passengers from internal travel ways and any public right-of-way.

- Condition #5 requires the applicant to provide contact information for on-site managers to the City.

- Condition #6 requires an adult guardian of all dependents to be present at all timeswithin the facility, with the exception of specially scheduled parties. There shall be no children left under the custodial care of the management or staff.

- Condition #7 requires the facility manager to monitor and remove trash and debris from the immediate vicinity on a daily basis.

98

SUP #2018-02, Wonder Kids September 29, 2017

Page 1 of 1

Special Use Permit Conditions

SUP# 2018-02, Wonder Kids

9104 Mathis Avenue Unit #14

September 29, 2017

In addition to compliance with all applicable zoning, subdivision, and Design & Construction Standards Manual (DCSM) requirements, the development and use of the designated property shall be subject to the following conditions:

1. This special use permit is for a Place of Assembly (50 or more persons) for an

indoor recreation facility. The occupancy for the facility shall be in accordance with the Virginia Uniform Statewide Building Code.

2. All activity shall be conducted inside the building.

3. The use shall be developed and operated in general conformance with the floor plans prepared by KYP Architects dated July 20, 2017, revised as of September 11, 2017.

4. All vehicles used for drop-off/pick-up for the use shall be required to park in a designated parking space prior to loading/unloading passengers. The loading or unloading of vehicles from any public right-of-way is prohibited.

5. The applicant shall maintain and provide the names and contact information of on-site managers to the City if requested.

6. The adult guardian of all dependents must be present at all times within the facility, with the exception of specially scheduled parties. There shall be no children left under custodial care of the management or staff.

7. The manager of the facility, or designee, shall monitor the sidewalk area within forty feet of the unit in either direction daily and remove all trash and debris from the sidewalk.

8. There shall be no use of any exterior loud speakers or other form of exterior audio equipment.

9. A copy of the conditions for this special use permit shall be included with any lease agreements and with any permit application submitted to the City of Manassas.

10. The use of this property shall be in compliance with all federal, state, and local ordinances.

_____________________________________ ________________ Matthew D. Arcieri, Zoning Administrator Date This signature certifies that these conditions were approved by the Manassas City Council as part of the above referenced special use permit.

99

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A 101 101

MINUTES City of Manassas

Planning Commission Public Hearing Meeting

October 4, 2017 – 7:30 p.m.

Members Present: Harry Clark – Chairman Ken Johnson – Vice-Chairman Russell Harrison Robert Schilpp Bill Thompson

Elaine Trautwein Martha Wilson

Members Absent: None Staff: Matthew Arcieri – Planning & Zoning Manager

Kelly Davis – Senior Planner Greg Bokan - Planner

Donna Bellows – Boards and Commissions Clerk CALL TO ORDER The Chairman called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE DETERMINATION OF A QUORUM Clerk took the roll, and a quorum was determined. APPROVAL OF MINUTES – September 6, 2017 Ms. Wilson motioned to approve the minutes as submitted. Ms. Trautwein seconded the motion. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE. CITIZENS’ COMMENT TIME (other than agenda items) No citizens came forward to speak. NEW BUSINESS

The Chairman stated that the affidavit before him was signed by an authorized agent of the Prince William Times Newspaper, and the advertisement for the public hearing listed on tonight’s agenda was duly published in the newspaper in accordance with the law.

SUP #2018-02 Wonder Kids 9104 Mathis Avenue, Unit 14 Ms. Davis stated that the applicant is seeking approval for a Place of Assembly (50+ Persons) for

102

Planning Commission Minutes – October 4, 2017 Page 2

indoor recreation, specifically for an indoor children’s play gym within the Manassas Shopping Center. The business will have a variety of structures (e.g., slides, ball pits) for supervised play and birthday parties. Day care services will not be provided. Staff recommends approval of SUP #2018-02, Wonder Kids, as conditioned dated September 29, 2017. Planning Commission Discussion

Ms. Wilson questioned if there would be asbestos removal. Ms. Davis stated that staff will make a note to look at this requirement during the zoning and building permit review.

Mr. Harrison asked if Condition #5 pertained to all businesses. Ms. Davis stated that staff requires contact information when a certificate of occupancy is provided. For indoor recreation uses, the SUP specifically requires that the contact information be kept up-to-date.

Mr. Johnson asked staff if they had any idea as to how many would be in the recreation center at one time. Mr. Arcieri stated that the total occupancy for the building is 121 persons, which includes the office space, the party room and the assembly portion.

Applicant, So Jim Park, had nothing further to add to the staff report. CITIZENS’ COMMENT None came forward to speak. Mr. Harrison motioned to close the public hearing. Ms. Trautwein seconded the motion. Roll Call by Clerk: The MOTION PASSED UNANIMOUSLY. Mr. Johnson motioned to recommend approval of SUP #2018-02. Mr. Harrison seconded the motion. Roll Call by Clerk: The MOTION PASSED UNANIMOUSLY.

Mr. Harrison Y

Ms. Trautwein Y

Chairman Clark Y

Mr. Johnson Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Wilson Y

Mr. Johnson Y

Mr. Harrison Y

Chairman Clark Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Trautwein Y

Ms. Wilson Y

103

104

City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: November 13, 2017

Time Estimate: 10 minutes

Agenda Title: Public Hearing: ZTA #2018-01, 2017 Zoning Ordinance Annual Updates

Recommendation: Close the public hearing and schedule action for Monday, November 27, 2017.

Motion: I move that the public hearing be closed and action scheduled for Monday, November 27, 2017.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

As a follow-up to the completion of the City’s comprehensive zoning ordinance update, staff recommends that the City annually review the ordinance to make technical corrections and updates, and to ensure that the code remains in compliance with current requirements of state and federal laws and regulations. Following Planning Commission initiation in August 2017, staff and the City Attorney have prepared a draft ordinance, which has been reviewed and recommended for approval by the Planning Commission.

Board – Committee – or Commission Reviewed:

Planning Commission – October 4, 2017 (Recommended Approval 7/0)

Fiscal Impact: N/A

Staff Contact: Matthew D. Arcieri, AICP, Planning & Zoning Managermarcieri@manassasva.gov(703) 257-8232

105

TO: Mayor and Council

FROM: Matthew D. Arcieri, AICP, Planning & Zoning Manager

THRU: W. Patrick Pate, City Manager

Elizabeth S. Via-Gossman, AICP, Director, Community Development

DATE: November 10, 2017

RE: ZTA #2018-01, 2017 Zoning Ordinance Annual Updates

As a follow-up to the completion of the City’s comprehensive zoning ordinance update, staff

recommends that the City annually review the ordinance to make technical corrections and

updates, and to ensure that the code remains in compliance with current requirements of state and

federal laws and regulations. Following Planning Commission initiation in August 2017, staff

and the City Attorney have prepared a draft ordinance (Attachment 1) for review A summary of

the proposed updates is as follows:

Small Cell Wireless Facilities

Recently enacted state legislation for small cell wireless facilities (Attachment 2) requires

localities to permit these facilities by-right and defines them as follows:

"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,

back-up power systems, grounding equipment, power transfer switches, cut-off switches, and

vertical cable runs for the connection of power and other services.

In order to address the state code change, Sec. 130-92 is proposed to be amended to allow small

cell wireless facilities to be co-located on existing structures as a by-right use. Additional

MEMORANDUM CITY OF MANASSAS

Department of Community Development

Phone: 703-257-8223 Fax: 703-257-5117

106

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language requiring Architectural Review Board approval of these facilities in Historic Districts,

screening in accordance with the City’s DCSM, and requirements for removal when these

facilities are no longer in use has also been added.

Short-Term Rental of Property

Recently enacted state legislation (Attachment 3) for the short-term rental of property defines a

short-term rental as follows:

"Short-term rental" means the provision of a room or space that is suitable or intended for

occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30

consecutive days, in exchange for a charge for the occupancy.

Under current zoning regulations, residential guests (regardless of whether compensation is

charged) are permitted to stay in a dwelling unit for periods not to exceed 45 consecutive days or

104 calendar days per year. This definition effectively permits the short-term rental of property

as long as a dwelling unit is not used as a boardinghouse, which is a prohibited use.

Consistent with the new law, the maximum number of consecutive days for a residential guest to

stay is proposed to be reduced from 45 to 30, and the maximum number of consecutive days for

a guest to stay in a Bed and Breakfast is proposed to be increased from 14 to 30. In addition, the

definition of Residential Guest and Boardinghouse are proposed to be amended to clarify these

existing regulations and move the maximum length of stay requirements from the Residential

Guest definition to the Boardinghouse definition.

Other Technical Corrections

The draft ordinance also contains technical corrections to the following zoning requirements:

a. Requirements for accessory lot coverage (Sec. 130-57(c))

b. Non-conforming lots (Sec. 130-162(c))

c. Parking for professional personal service uses (Sec 130-204, Table 1)

d. Height waivers, with an approved SUP, for SUP and utility uses in residential zoning

districts (Sec 130-262(e), Sec 130-263(e), Sec. 130-264(e), Sec 130-265(g), and Sec. 130-

267(f))

Recommendation

The Planning Commission recommended approval of ZTA #2018-01 on October 4, 2017. Staff

also recommends approval.

Attachments:

1. 2017 Draft Zoning Ordinance Updates

2. Excerpt from Small Cell Wireless Facilities - Virginia Acts of Assembly – Chapter 835

3. Excerpt from Short-Term Rental of Property - Virginia Acts of Assembly – Chapter 741

4. Planning Commission Minutes and Resolution

107

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2017 Draft Zoning Ordinance Updates

ARTICLE II. DEFINITIONS

Sec. 130-44. Definitions.

Boardinghouse means:

(1) A a Dwelling Unit arranged or used for lodging for compensation, other than a Hotel or

Bed and Breakfast as defined by this chapter, with or without meals, and not occupied by

one Family unit.;

(2) Any Dwelling Unit which has any one Residential Guest for a period of more than 30

consecutive days; or

(3) Any Dwelling Unit which has one or more Residential Guests for a period of more than

104 calendar days in a single calendar year.

Residential Guest means any person who sleeps, eats, or otherwise is sheltered in a

Dwelling Unit, and who is not within the definition of “Family” for the Family residing in that

Dwelling UnitAny person who by invitation of the legal Family of a Dwelling Unit sleeps, eats

or otherwise is sheltered by the legal Family unit for a period of not more than 45 consecutive

days, or 104 calendar days in a single calendar year, who is not related by blood, marriage,

adoption, or guardianship, and has a documented legal residency at another location shall be

considered a guest for purposes of temporary occupancy.

ARTICLE III. GENERAL REGULATIONS

DIVISION 1. DEVELOPMENT STANDARDS

Sec. 130-57. Requirements for accessory structures.

(c) The lot coverage of an accessory structure or cumulative total of all accessory structures

shall not exceed 40 percent of the lot coverage of the principal structure building on the

lot.

DIVISION 2. PERFORMANCE STANDARDS

Sec. 130-91. Bed and breakfasts.

(b) General requirements.

(12) The maximum stay for an occupants of a bed and breakfast operations use shall be

14 days within a two-month period 30 consecutive days.

108

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Sec. 130-92. Broadcasting or telecommunications towers, co-location.

(a) Any eligible facilities request for a modification of an existing broadcasting or

telecommunications tower or co-location of an antenna on an existing structure that does not

substantially change the physical dimensions of such tower or base station shall be approved

administratively without the approval or amendment of a special use permit. The applicant

shall diligently pursue due diligence to respond to questions or requests for information. An

eligible facilities request shall be approved or disapproved within 90 60 days of receipt of a

complete application by the City. An "eligible facilities request" means any request for

modification of an existing broadcasting or telecommunications towers that provides

forinvolves:

(1) Co-location of new transmission equipment;

(2) Co-location of small cell facilities as defined by Virginia Code § 15.2-2316.3;

(3) Removal of transmission equipment; or

(4) Replacement of transmission equipment.

(b) For the purposes of this section, "collocation", "base station", "substantial change in the

physical dimensions of a tower or base station", and “tower" shall be defined as follows:

(1) Base station shall means a station at a specified site authorized to communicate with

mobile stations or a land station in the land mobile service.

"Collocation" shall means the mounting or installation of an antenna on an existing tower

or structure for the purpose of transmitting and/or receiving radio frequency signals for

communications purposes.

(2) "Substantial change in the physical dimensions" includesmeans:

a. The mounting of a proposed antenna on the tower that would increase the existing

height of the tower by more than ten percent of the original tower height, or by the

height of one additional antenna with separation from the nearest existing antenna not

to exceed 20 feet, whichever is greater, except that the mounting of the proposed

antenna may exceed the size limits set forth in this paragraph if necessary to avoid

interference with existing antennas. However, this requirement does not permit a

tower to exceed (i) the maximum height limit specified for the zoning district in

which the tower stands, or (ii) any airport safety height limits imposed by the Federal

Aviation Administration or otherwise;

b. The mounting of the proposed antenna would involve the installation of more than the

standard number of new equipment cabinets for the technology involved, not to

exceed four, or more than one new equipment shelter;

109

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c. The mounting of the proposed antenna would involve excavation outside the current

tower site, defined as the current boundaries of the leased or owned property

surrounding the tower and any access or utility easements currently related to the site.

(3) "Tower" shall means any structure built for the sole or primary purpose of supporting

Federal Communications Commission-licensed antennas and their associated facilities.

(c) The applicant shall submit an affidavit with the request for modification, including

dimensioned drawings showing the proposed modifications and demonstrating that the

modifications do not substantially change the physical dimensions of the applicable tower or

base station. An application for administrative approval shall not be deemed complete unless

it (i) identifies the location of the existing tower or base station, and (ii) includes the

drawings specified herein, (iii) includes a letter of permission from the property owner, (iv),

includes screening in conformance with the requirements of the DCSM, and (v) includes, for

any site located in a Historic Overlay District, a Certificate of Appropriateness issued by the

Architectural Review Board.

(d) The applicant shall remove any facility approved pursuant to this section at the termination of

the lease with the property owner or, during the term of the lease, if the facility is no longer

used for telecommunications purposes for a continuous period of 90 calendar days.

ARTICLE V. NONCONFORMING USES, LOTS, AND STRUCTURES

Sec. 130-162. Nonconforming lots.

(c) No building or structure may be reconstructed, altered, or expanded on a nonconforming

lot unless:

(1) The reconstruction, alteration, or expansion does not increase the nonconformity of

the existing lot,

(1)(2) Such lot is consolidated with one or more adjacent lots that reduce or eliminate

the nonconformity of the lot, or

(2)(3) A variance is granted for the reconstruction, alteration, or expansion.

110

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ARTICLE VI. PARKING AND LOADING REQUIREMENTS

§130-204, TABLE 1: MINIMUM OFF-STREET PARKING REQUIREMENTS

LAND USES

DU = Dwelling

Unit

SF = Building’s

Gross Square

Feet

REQUIRED

OFF-

STREET

PARKING

SPECIAL DISTRICTS

EXCEPTIONS/

COMMENTS/

ADDITIONAL

REQUIREMENTS

DOWNTOWN*

*For B-3

Zoning See

§130-204(b)

MANASSAS

LANDING, MATHIS

CORRIDOR,

HOSPITAL/SUDLEY

Personal

Improvement

Service or

Professional

Personal Service

1 per 500 SF 1 per 1,200 SF 1 per 600 SF

Professional

Personal Service 1 per 250 SF 1 per 600 SF 1 per 300 SF

ARTICLE VIII. ZONING DISTRICTS

DIVISION 2. RESIDENTIAL DISTRICTS

Sec. 130-262. R-1 low density, single-family residential.

(e) Maximum structure height:

(1) No structure shall be greater than 35 feet in height. However, uses permitted by a special

use permit and public utility uses may exceed this height subject to approval of a special

use permit in accordance with Article IX of this chapter.

(2) Accessory structure height, see §130-57.

Sec. 130-263. R-2 moderate density, single-family residential.

(e) Maximum structure height:

(1) No structure shall be greater than 35 feet in height. However, uses permitted by a special

use permit and public utility uses may exceed this height subject to approval of a special

use permit in accordance with Article IX of this chapter.

(2) Accessory structure height, see §130-57.

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Sec. 130-264. R-2-S small lots, single-family residential.

(e) Maximum structure height:

(1) No structure shall be greater than 35 feet in height. However, uses permitted by a special

use permit and public utility uses may exceed this height subject to approval of a special

use permit in accordance with Article IX of this chapter.

(2) Accessory structure height, see §130-57.

Sec. 130-265. R-3 townhouses.

(g) Maximum structure height:

(1) No principal structure shall be greater than 35 feet in height. However, uses permitted by

a special use permit and public utility uses may exceed this height subject to approval of

a special use permit in accordance with Article IX of this chapter.

(2) No accessory structure shall be greater than eight and one-half feet in height.

(3) No homeowner’s association private community recreational use shall be greater than 35

feet in height.

(4) Accessory structures shall not exceed 50 percent of the height of the principal structure.

Sec. 130-267. R-5 multifamily.

(f) Maximum structure height:

(1) No principal structure shall be greater than 45 feet in height. However, uses permitted by

a special use permit and public utility uses may exceed this height subject to approval of

a special use permit in accordance with Article IX of this chapter.

(2) No homeowner’s association private community recreational use shall be greater than 45

feet in height.

(3) Accessory structures shall not exceed 50 percent of the height of the principal structure.

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VIRGINIA ACTS OF ASSEMBLY -- 2017 RECONVENED SESSION

CHAPTER 835

An Act to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 7.2,consisting of sections numbered 15.2-2316.3, 15.2-2316.4, and 15.2-2316.5, and by adding in Title56 a chapter numbered 15.1, consisting of sections numbered 56-484.26 through 56-484.31, relatingto wireless communications infrastructure.

[S 1282]Approved April 26, 2017

Be it enacted by the General Assembly of Virginia:1. That the Code of Virginia is amended by adding in Chapter 22 of Title 15.2 an articlenumbered 7.2, consisting of sections numbered 15.2-2316.3, 15.2-2316.4, and 15.2-2316.5, and byadding in Title 56 a chapter numbered 15.1, consisting of sections numbered 56-484.26 through56-484.31, as follows:

Article 7.2.Zoning for Wireless Communications Infrastructure.

§ 15.2-2316.3. Definitions.As used in this article, unless the context requires a different meaning:"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 thatis 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 supportstructure. "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 theDepartment 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 capableof 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 inlength, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longerthan 11 inches.

"Small cell facility" means a wireless facility that meets both of the following qualifications: (i) eachantenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of anantenna that has exposed elements, the antenna and all of its exposed elements could fit within animaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated withthe facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as isestablished by the Federal Communications Commission. The following types of associated equipmentare not included in the calculation of equipment volume: electric meter, concealment,telecommunications demarcation boxes, back-up power systems, grounding equipment, power transferswitches, cut-off switches, and vertical cable runs for the connection of power and other services.

"Utility pole" means a structure owned, operated, or owned and operated by a public utility, localgovernment, or the Commonwealth that is designed specifically for and used to carry lines, cables, orwires for communications, cable television, or electricity.

"Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a supportstructure, 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 communicationsbetween user equipment and a communications network, including (i) equipment associated with wirelessservices, such as private, broadcast, and public safety services, as well as unlicensed wireless servicesand 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 oftechnological 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);

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(ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercialmobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devicesthrough wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed orunlicensed 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 capableof supporting wireless facilities. "Wireless support structure" does not include any telephone orelectrical utility pole or any tower used for the distribution or transmission of electrical service.

§ 15.2-2316.4. Zoning; small cell facilities.A. A locality shall not require that a special exception, special use permit, or variance be obtained

for any small cell facility installed by a wireless services provider or wireless infrastructure provider onan existing structure, provided that the wireless services provider or wireless infrastructure provider (i)has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifiesthe locality in which the permitting process occurs.

B. Localities may require administrative review for the issuance of any required zoning permits forthe installation of a small cell facility by a wireless services provider or wireless infrastructure provideron an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on asingle application. In addition:

1. A locality shall approve or disapprove the application within 60 days of receipt of the completeapplication. Within 10 days after receipt of an application and a valid electronic mail address for theapplicant, the locality shall notify the applicant by electronic mail whether the application is incompleteand specify any missing information; otherwise, the application shall be deemed complete. Anydisapproval of the application shall be in writing and accompanied by an explanation for thedisapproval. The 60-day period may be extended by the locality in writing for a period not to exceed anadditional 30 days. The application shall be deemed approved if the locality fails to act within theinitial 60 days or an extended 30-day period.

2. A locality may prescribe and charge a reasonable fee for processing the application not toexceed:

a. $100 each for up to five small cell facilities on a permit application; andb. $50 for each additional small cell facility on a permit application.3. Approval for a permit shall not be unreasonably conditioned, withheld, or delayed.4. The locality may disapprove a proposed location or installation of a small cell facility only for the

following reasons:a. Material potential interference with other pre-existing communications facilities or with future

communications facilities that have already been designed and planned for a specific location or thathave been reserved for future public safety communications facilities;

b. The public safety or other critical public service needs;c. Only in the case of an installation on or in publicly owned or publicly controlled property,

excluding privately owned structures where the applicant has an agreement for attachment to thestructure, aesthetic impact or the absence of all required approvals from all departments, authorities,and agencies with jurisdiction over such property; or

d. Conflict with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to localcharter on a historic property that is not eligible for the review process established under 54 U.S.C.§ 306108.

5. Nothing shall prohibit an applicant from voluntarily submitting, and the locality from accepting,any conditions that otherwise address potential visual or aesthetic effects resulting from the placementof small cell facilities.

6. Nothing in this section shall preclude a locality from adopting reasonable rules with respect to theremoval of abandoned wireless support structures or wireless facilities.

C. Notwithstanding anything to the contrary in this section, the installation, placement, maintenance,or replacement of micro-wireless facilities that are suspended on cables or lines that are strung betweenexisting utility poles in compliance with national safety codes shall be exempt from locality-imposedpermitting requirements and fees.

§ 15.2-2316.5. Moratorium prohibited.A locality shall not adopt a moratorium on considering zoning applications submitted by wireless

services providers or wireless infrastructure providers.CHAPTER 15.1.

WIRELESS COMMUNICATIONS INFRASTRUCTURE.§ 56-484.26. Definitions.As used in this chapter, unless the context requires a different meaning:"Antenna" means communications equipment that transmits or receives electromagnetic radio signals

used in the provision of any type of wireless communications services."Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on,

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VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION

CHAPTER 741

An Act to amend and reenact §§ 4.1-100, as it is currently effective and as it shall become effective, and4.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Article 5 ofChapter 9 of Title 15.2 a section numbered 15.2-983, relating to the short-term rental of property.

[S 1578]Approved March 24, 2017

Be it enacted by the General Assembly of Virginia:1. That §§ 4.1-100, as it is currently effective and as it shall become effective, and 4.1-200 of theCode of Virginia are amended and reenacted and that the Code of Virginia is amended by addingin Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-983 as follows:

§ 4.1-100. (Effective until July 1, 2018) Definitions.As used in this title unless the context requires a different meaning:"Alcohol" means the product known as ethyl or grain alcohol obtained by distillation of any

fermented liquor, rectified either once or more often, whatever the origin, and shall include syntheticethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance withformulas approved by the government of the United States.

"Alcohol vaporizing device" means any device, machine, or process that mixes any alcoholicbeverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumptionby inhalation.

"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varietiescontaining one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages,and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beerand capable of being consumed by a human being. Any liquid or solid containing more than one of thefour varieties shall be considered as belonging to that variety which has the higher percentage ofalcohol, however obtained, according to the order in which they are set forth in this definition; exceptthat beer may be manufactured to include flavoring materials and other nonbeverage ingredientscontaining alcohol, as long as no more than 49 percent of the overall alcohol content of the finishedproduct is derived from the addition of flavors and other nonbeverage ingredients containing alcohol forproducts with an alcohol content of no more than six percent by volume; or, in the case of productswith an alcohol content of more than six percent by volume, as long as no more than one and one-halfpercent of the volume of the finished product consists of alcohol derived from added flavors and othernonbeverage ingredients containing alcohol.

"Art instruction studio" means any commercial establishment that provides to its customers allrequired supplies and step-by-step instruction in creating a painting or other work of art during a studioinstructional session.

"Arts venue" means a commercial or nonprofit establishment that is open to the public and in whichworks of art are sold or displayed.

"Barrel" means any container or vessel having a capacity of more than 43 ounces."Bed and breakfast establishment" means any establishment (i) having no more than 15 bedrooms;

(ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii)offering at least one meal per day, which may but need not be breakfast, to each person to whomovernight lodging is provided. For purposes of the licensing requirements of this title, "bed andbreakfast establishment" includes any property offered to the public for short-term rental, as that term isdefined in § 15.2-983, other than a hotel as defined in this section, regardless of whether a meal isoffered to each person to whom overnight lodging is provided.

"Beer" means any alcoholic beverage obtained by the fermentation of an infusion or decoction ofbarley, malt, and hops or of any similar products in drinkable water and containing one-half of onepercent or more of alcohol by volume.

"Board" means the Virginia Alcoholic Beverage Control Board."Bottle" means any vessel intended to contain liquids and having a capacity of not more than 43

ounces."Canal boat operator" means any nonprofit organization that operates tourism-oriented canal boats for

recreational purposes on waterways declared nonnavigable by the United States Congress pursuant to 33U.S.C. § 59ii.

"Club" means any private nonprofit corporation or association which is the owner, lessee, oroccupant of an establishment operated solely for a national, social, patriotic, political, athletic, or otherlike purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It alsomeans the establishment so operated. A corporation or association shall not lose its status as a club

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Nothing in this paragraph shall be construed to authorize the sale of such wine or beer.The provision of this subdivision shall not apply to any person who resides on property on which a

winery, farm winery, or brewery is located.7. Any person who keeps and possesses lawfully acquired alcoholic beverages in his residence for his

personal use or that of his family. However, such alcoholic beverages may be served or given to guestsin such residence by such person, his family or servants when (i) such guests are 21 years of age orolder or are accompanied by a parent, guardian, or spouse who is 21 years of age or older, (ii) theconsumption or possession of such alcoholic beverages by family members or such guests occurs only insuch residence where the alcoholic beverages are allowed to be served or given pursuant to thissubdivision, and (iii) such service or gift is in no way a shift or device to evade the provisions of thistitle. The provisions of this subdivision shall not apply when a person serves or provides alcoholicbeverages to a guest occupying the residence as the lessee of a short-term rental, as that term is definedin § 15.2-983, regardless of whether the person who permanently resides in the residence is presentduring the short-term rental.

8. Any person who manufactures and sells cider to distillery licensees, or any person whomanufactures wine from grapes grown by such person and sells it to winery licensees.

9. The sale of wine and beer in or through canteens or post exchanges on United States reservationswhen permitted by the proper authority of the United States.

10. The keeping and consumption of any lawfully acquired alcoholic beverages at a private meetingor private party limited in attendance to members and guests of a particular group, association ororganization at a banquet or similar affair, or at a special event, if a banquet license has been granted.However, no banquet license shall be required for private meetings or private parties limited inattendance to the members of a common interest community as defined in § 54.1-2345 and their guests,provided (i) the alcoholic beverages shall not be sold or charged for in any way, (ii) the premises wherethe alcoholic beverages are consumed is limited to the common area regularly occupied and utilized forsuch private meetings or private parties, and (iii) such meetings or parties are not open to the public.

§ 15.2-983. Creation of registry for short-term rental of property.A. As used in this section:"Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a

short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee,or any other possessory capacity.

"Short-term rental" means the provision of a room or space that is suitable or intended foroccupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days,in exchange for a charge for the occupancy.

B. 1. Notwithstanding any other provision of law, general or special, any locality may, by ordinance,establish a short-term rental registry and require operators within the locality to register annually. Theregistration shall be ministerial in nature and shall require the operator to provide the complete nameof the operator and the address of each property in the locality offered for short-term rental by theoperator. A locality may charge a reasonable fee for such registration related to the actual costs ofestablishing and maintaining the registry.

2. No ordinance shall require a person to register pursuant to this section if such person is (i)licensed by the Real Estate Board or is a property owner who is represented by a real estate licensee;(ii) registered pursuant to the Virginia Real Estate Time-Share Act (§ 55-360 et seq.); (iii) licensed orregistered with the Department of Health, related to the provision of room or space for lodging; or (iv)licensed or registered with the locality, related to the rental or management of real property, includinglicensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.

C. 1. If a locality adopts a registry ordinance pursuant to this section, such ordinance may include apenalty not to exceed $500 per violation for an operator required to register who offers for short-termrental a property that is not registered with the locality. Such ordinance may provide that unless anduntil an operator pays the penalty and registers such property, the operator may not continue to offersuch property for short-term rental. Upon repeated violations of a registry ordinance as it relates to aspecific property, an operator may be prohibited from registering and offering that property forshort-term rental.

2. Such ordinance may further provide that an operator required to register may be prohibited fromoffering a specific property for short-term rental in the locality upon multiple violations on more thanthree occasions of applicable state and local laws, ordinances, and regulations, as they relate to theshort-term rental.

D. Except as provided in this section, nothing herein shall be construed to prohibit, limit, orotherwise supersede existing local authority to regulate the short-term rental of property throughgeneral land use and zoning authority. Nothing in this section shall be construed to supersede or limitcontracts or agreements between or among individuals or private entities related to the use of realproperty, including recorded declarations and covenants, the provisions of condominium instruments ofa condominium created pursuant to the Condominium Act (§ 55-79.39 et seq.), the declaration of acommon interest community as defined in § 55-528, the cooperative instruments of a cooperative created

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pursuant to the Virginia Real Estate Cooperative Act (§ 55-424 et seq.), or any declaration of aproperty owners' association created pursuant to the Property Owners' Association Act (§ 55-508 etseq.).

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Planning Commission Minutes – October 4, 2017 Page 3

ZTA #2018-01 Zoning Ordinance Annual Updates Mr. Arcieri stated that the purpose of this ZTA is to make technical corrections and updates, and to ensure that the code remains in compliance with current requirements of state and federal laws and regulations. A draft ordinance by the City Attorney and staff was presented to the Planning Commission for their input on the following technical corrections:

Short-term rental of property

Small cell wireless facilities

Requirements for accessory lot coverage (Sec. 130-57(c))

Non-conforming lots (Sec. 130-162(c))

Parking for professional personal service uses (Sec. 130-204, Table 1)

Height waivers, with an approved SUP, for SUP and utility uses in residential zoning districts (Sec. 130-262(e), Sec. 130-263(e), Sec. 130-264(e), Sec. 130-265(g), and Sec. 130-267(f))

In regards to the small cell wireless facilities, Mr. Bokan stated that the recent state legislation now require localities to permit these facilities by-right, meeting certain qualifications. He also informed the Planning Commission on the language requiring the Architectural Review Board’s approval of these facilities in historic districts, screening in accordance with the City’s DCSM, and requirements for removal when these facilities are no longer in use. Planning Commission Discussion

Mr. Johnson stated that the ZORC did meet on these changes, and most of the discussion revolved around the small cell wireless facilities. He commended the staff for their diligent work in simplifying and streamlining the information.

Chairman Clark indicated that Virginia is a Dillon Rule state and asked whether the Architectural Review Board as well as shielding could be added to the legislation. Mr. Arcieri stated that this is all the City can require. The new legislation states exactly the things a locality can regulate.

CITIZENS’ COMMENT

Mark Hempen, 9311 Prescott Avenue, spoke in favor ZTA #2018-01. Mr. Harrison motioned to close the public hearing. Mr. Johnson seconded the motion. Roll Call by Clerk: The MOTION PASSED UNANIMOUSLY.

Mr. Harrison Y

Mr. Johnson Y

Chairman Clark Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Trautwein Y

Ms. Wilson Y

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Planning Commission Minutes – October 4, 2017 Page 4

Ms. Trautwein motioned to recommend approval of ZTA #2018-01. Ms. Wilson seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY.

Mr. Arcieri stated that ZTA #2018-01 will go to the Land Use Committee before going to City Council.

Planning Commission FY17 Annual Report

Mr. Johnson motioned to approve the annual report as submitted. Ms. Trautwein seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY.

Ms. Trautwein Y

Ms. Wilson Y

Chairman Clark Y

Mr. Harrison Y

Mr. Johnson Y

Mr. Schilpp Y

Mr. Thompson Y

Mr. Johnson Y

Ms. Trautwein Y

Chairman Clark Y

Mr. Harrison Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Wilson Y

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