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HomeMy WebLinkAbout46021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 6 0 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW CHAPTER 10.02 ENTITLED "COMMUTE TRIP REDUCTION (CTR) PLAN" TO TITLE 10 OF THE AUBURN CITY CODE ENTITLED "VEHICLES AND TRAFFIC". wa~RRAS, pursuant to RCW 70.94.521, the Washington State Legislature has determined that motor vehicle traffic in metropolitan areas is the major source of emissions of air contaminants resulting in air pollution which causes significant harm to the health of our citizens and degrades the quality of our environment; and ~HERP~%S, increasing motor vehicle traffic aggravates traffic congestion within metropolitan areas of the state and thereby imposes significant costs on business, government, and individuals in terms of lost working hours and delays in the delivery of goods and services as well as making the affected areas less desirable places in which to live, work, visit, and conduct business; and WHEREAS, capital and environmental costs of fully accommodating the existing and projected motor vehicle traffic on roads and highways are prohibitive; WHEREAS, decreasing the demand significantly less costly than and for vehicle construction transportation facilities and is as effective, trips is of new if not more so, Ordinance No. 4602 February 26, 1993 Page 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 in reducing traffic congestion and its impacts than new construction; and WHEREAB, the Legislature, pursuant to RCW 70.94.521-551, and the CTR Task Force Guidelines have set forth the policy of the State of Washington counties experiencing pollution and traffic to require local governments in those the greatest automobile-related air congestion to develop and implement plans to reduce single-occupant vehicle commute trips; and #aSRE~S, upon recognition that employers located within metropolitan areas have significant opportunities to encourage and facilitate the reduction of single-occupant vehicle commuting by their employees, such plans require major employers to implement programs to reduce vehicle miles traveled per employee and the number of single-occupant vehicles used for commuting purposes by their employees; and WHEREAS, the "Growth Management Act" which is codified in RCW 36.70A.070 requires a transportation demand management element to be included as a mandatory element in city and county comprehensive plans; and WHEREAS, the City Council of the City of Auburn has reviewed the proposed adoption of a new Chapter 10.02 to the Auburn City Code entitled "Commute Trip Reduction (CTR) Plan and herein finds that the proposed CTR Plan is consistent with Ordinance No. 4602 February 26, 1993 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RCW 70.94.521-544, the CTR Taskforce Guidelines, and RCW 36.70A.070; and waEREAS, the City Council herein also finds that the adoption and implementation of the CTR Plan will promote the public health, safety, and general welfare within the city of Auburn and the region. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 8motion 1. PURPOSE. The purpose of this ordinance is to add a new Chapter 10.02 to Auburn City Code Title 10 entitled "Commute Trip Reduction (CTR) Plan". 8eotion 2. The City Council hereby adopts Auburn City Code Chapter 10.02 as delineated in Exhibit "A" which is attached hereto and incorporated herein. 8eotion 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 8eotion 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 4602 February 26, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 20 21 22 23 24 25 2~ INTRODUCED: April 5, 1993 PASSED: April $~ 1993 APPROVED: April 5, 1993 MAYOR ATTEST: APPROVED AS TO FORM: St n R. Shelton, City Attorney Published: Ordinance No. 4602 February 26, 1993 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CHAPTER 10.02 COMMUTER TRIP REDUCTION (CTR) PLAN Sections: 10.02.010 10.02.020 10.02.030 10.02.050 10.02.060 10.02.070 10.02.080 10.02.090 10.02.100 10.02.110 10.02.120 10.02.130 Definitions. Commute Trip Reduction Goals. Designation of CTR Zone and Base Year Values. Responsible Agency. Applicability. Requirements for Employers. Record Keeping. Schedule and Process for CTR Reports, Program Review and Implementation. Requests for Walvers/Modlfioation of CTR Requirements. Credit For Transportation Demand Management Efforts. Appeals. Enforcement. this chapter, the following interpretation and enforcement 10.02.010. Definitions. For the purpose of definitions shall apply in the of this chapter: A. "Affected Employee" means a full-time employee who is scheduled to begin his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m., inclusive, on two or more weekdays per week for at least twelve continuous months. Shareholders, principles and associates in a corporation, general in a partnership and participants in to be considered employees. or limited partners a joint venture are Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 "&ffeoted ~mployer,, means a public or private employer that, for twelve continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m., inclusive, on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less this definition. "Alternative Mode" transportation other than two years, are excluded from means any type of commute than that in which the single- occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks, if they result in reducing commute trips. D. "Alternative Work 8ohedules" means programs such as compressed work weeks that eliminate work trips for affected employees. E. "Base Year" means the period from January 1, 1992 through December 31, 1992 on which goals for vehicle miles traveled (VMT) per employee and proportion of single- occupant vehicle (SOV) trips shall be based. F. "City" means the City of Auburn. Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 Ge Je "Commute Trips" mean trips made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m., inclusive, on weekdays. "CTR Plan" means the City of Auburn's plan to regulate and administer the CTR programs of affected employers within its jurisdiction. "CTR Program" means an employerfs strategies to reduce affected employees' SOY use and VMT per employee. "CTR Zone" means an area, such as a census tract or combination of census tracts, within the City of Auburn characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOY commuting. "Compressed Work Week" means an alternative work schedule in accordance with employer policy that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ne Ne but may also include other arrangements. weeks are understood to be an ongoing arrangement. "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. "Empleyee" means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. "E~ployer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, non-profit, or private, that employs workers. "Flex-Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. "Full-Time Employee" means a person other than an independent contractor scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week. "Implementation" means active pursuit by an employer of the CTR goals stated in RCW 70.94.521-551 and in this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees Compressed work Ordinance No. 4602 Exhibit 'A" March 9, 1993 Page 4 1 2 3 4 R. 5 6 7 8 S. 9 10 11 12 13 14 15 16 U. 17 18 19 20 21 22 23 24 25 26 regarding alternatives to SOV commuting, of other measures schedule. "Mode" means the according to their and commencement CTR program and type of transportation employees, such as single-occupant rideshare vehicle (carpool/vanpool), bicycle, and walking. "Peak Period" means the a.m., inclusive, Monday holidays. "Peak Period Trip" means used by motor vehicle, transit, ferry, hours from 6:00 a.m. to 9:00 through Friday, except legal any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m., inclusive, Monday through Friday, except legal holidays. "Proportion of 8ingle-ocoupant Vehicle Trips" or "BOY Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. V. "Single-Occupant Vehicle (BOV)" occupied by one (1) employee including a motorcycle. W. "Single-Oacupant Vehicle (SOV) affected employees in SOVs. means a motor vehicle for commute purposes, Trips" means trips made by Ordinance No. 4602 Exhibit March 9, 1993 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 Ye BB. CC. "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights- of-way occupied by one or more affected employers. "Teleoommuting" means the use of telephones, computers,' or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. "Transportation Management Assooiation (TMA)" means a group of employers or an association representing a group of employers in a represent employers have a sphere of limits. "Vehicle Miles Traveled (VMT) defined geographic area. A TMA may within specific city limits, or may influence that extends beyond city Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period diVided by the number of affected employees during that period. "Waiver" means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site. "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. Ordinance No. 4602 Exhibit "A" March 9, 1993 Page6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 DD. "Weekday" means any day of the week except Saturday or Sunday. 10.02.020 Commute Trip Reduotion Goals. The commute trip reduction goals for employers affected by this chapter are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the 1992 base year value of Auburn's CTR zone: A. 15 percent by January 1, 1995 B. 25 percent by January 1, 1997 C. 35 percent by January 1, 1999 10.02.030 Designation of CTR Zone and Base Year Yalues. Employers in the city of Auburn are included within the South King County CTR zone which is designated by the boundaries shown on the map in Attachment "B" to this chapter and incorporated herein. The base year value of this zone for proportion of SOY trips shall be 85 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Commute trip reduction goals for major employers shall be calculated from these values. Therefore, affected employers in the City of Auburn shall establish programs designed to result in SOV rates of not more than 72 percent in 1995, 64 percent in 1997, and 55 percent in 1999 and VMT per employee Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 of not more than 7.9 miles in 1995, 7.0 miles in 1997, and 6.0 miles in 1999. 10.02.040 City of Auburn CTR Plan. The 1992 City of Auburn CTR Plan is set forth in Attachment "A" to this chapter and incorporated herein. The City's CTR Plan shall be reviewed annually by the City Council and revised if necessary to be consistent with applicable plans developed under RCW 36.70A.070. 10.02.050 Responsible Agency. The City of Auburn Public Works Department shall be responsible for implementing this chapter, the CTR Plan, and the City's CTR Program for its own employees. 10.02.060 Applicability. The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the City of Auburn. Employees will only be counted at their primary worksite. The following employees are excluded from the counts seasonal agricultural employees, including of processors of agricultural products and construction worksites when the expected construction is less than two years. classifications of of employees: (1) seasonal employees (2) employees of duration of the Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Notification of Applicability. 1. Known affected employers located within the City of Auburn shall be notified in writing by certified mail that they are subject to the provisions of this chapter. 2. Affected employers that, for whatever reason, do not receive written notice, must identify themselves to the City upon determining they are defined as "affected employers". Once they identify themselves, such employers will be granted one hundred and fifty (150) days within which to develop and submit a CTR Program. Any existing employer of seventy-five (75) or more persons who obtains a business license or business City of Auburn will be Employer Assessment Form to an employer will be deemed in accordance with the registration from the required to complete an determine whether or not affected or non-affected provisions of this chapter. New Affected Employers. Employers that meet the definition of "affected employer" in this chapter must identify themselves to the City within one hundred and eighty (180) days of either moving into the boundaries of the City or increasing employment Ordinance No. 4602 Exhibit March 9, 1993 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 at a worksite to one hundred (100) or more affected employees. Once they identify themselves, such employers shall be granted one hundred and fifty (150) days to develop and submit a CTR Program. New affected employers shall have two (2) years to meet the first CTR goal of a fifteen percent (15%) reduction from the base year values identified in Section 10.02.030 of this chapter; four (4) years to meet the second CTR goal of a twenty-five percent (25%) reduction; and six (6) years to meet the third CTR goal of a thirty-five percent (35%) reduction from the time they begin their CTR Program. C. Change in Status as an &ffeoted Employer. Any of the following changes in an employer's status will change the employer's CTR Program requirements: 1. If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for a waiver pursuant to Section 10.02.100(A) of this chapter. 2. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and has not employed one hundred (100) or more affected employees for the past twelve (12) months, that employer is no longer an affected Ordinance No. 4602 Exhibit March 9, 1993 Page I0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a new affected employer and will be subject to the same program requirements as other new affected employers. 10.02.070 Reclu~remen~s for Employers. An affected employer is required to develop and implement a CTR Program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR Program must include the mandatory elements described herein, including submittal of a CTR Program description and annual progress report. Transportation management associations may submit CTR Program descriptions and annual reports on behalf of employers; however, each employer shall remain accountable for the success of its own program. A. Description of Employer's CTR Program. Each affected employer is required to submit a description of its CTR Program to the City on the official form available from Ordinance No. 4602 Exhibit March 9, 1993 Page 11 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 Be the Public Works Department. At a minimum, the employer's description must include: 1. General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees; 2. Number of employees affected by the CTR Program; 3. Documentation of compliance with the mandatory CTR Program elements as described in Section 10.02.070(B) of chapter; 4. Description of the additional elements included in the CTR Program; Schedule of responsibilities, and implementation, assignment of and commitment to provide appropriate resources to carry out the CTR Program. Mandatory Program Rlements. Each employer's CTR Program shall include the following mandatory elements: 1. Transportation Coordlnator. The employer shall designate a transportation coordinator to administer the CTR Program. The coordinator's and/or designee's name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 12 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 o employer's CTR Program and act as liaison between the employer and the City of Auburn. An affected employer with multiple sites may have one transportation coordinator for all sites. Information Distribution. Information about alternatives to SOY commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer's CTR Program, including ETC name and phone number. Employers must also provide a summary of their CTR Program to all new employees at the time of hire. Each employer's CTR Program description and annual report must describe what information is to be distributed by the employer and the method of distribution. Annual Progress Report. The CTR Program must include an annual review of employee commuting and of progress toward meeting the SOV reduction goals. Affected employers shall file a progress report annually with the City. The employer should contact the City's Public Works Department for the format of the report. Survey information or alternative information approved by the Public Works Director Ordinance No. 4602 Exhibit March 9, 1993 Page 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shall be required in the 1995, 1997 and 1999 reports. 4. Additional Program Elem®nts. In addition to the specific CTR Program elements described above, the employer's CTR Program shall include a set of measures designed to meet CTR goals. · 0.02.080 Record Keeping. Affected employers shall maintain all records as required by the Public Works Director. 10.02.090 8chedule and Process for CTR Reports, Program Review and Implementation. A. CTR Program. The employer shall develop a CTR Program and shall submit to the City a description of such CTR Program for review not more than six (6) months after the effective date of this chapter or within six (6) months after an employer becomes subject to the provisions of this chapter. B. CTR Annual Reporting Date. Employers will be required to submit an annual CTR report to the City beginning with the first annual reporting date assigned during the initial CTR Program submittal. The annual reporting date shall be no less than twelve (12) months from the day the initial CTR Program description is submitted. Subsequent years' reports will be due on the same date each year. Ordinance No. 4602 Exhibit March 9, 1993 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dm Content of annual Report. shall describe each of the effect for the previous year, The annual progress report CTR measures that were in the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR Programs. Survey information or alternative information approved by the Public Works Director must be provided in the 1995, 1997, and 1999 reports. Progra~ Review. The City shall provide the employer with written notification indicating whether a CTR Program was approved or deemed unacceptable. 1. Initial CTR Program descriptions will be deemed acceptable if all .required information on the program description form is provided· Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year's CTR Program elements and proposed new Program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV goals. Beginning in 1995, the CTR Programs described in the annual reports will be deemed acceptable if either Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 was for that the SOV trip or the VMT per employee goals have been met. If neither goal has been met, the employer must propose modifications designed to make progress toward the applicable goal in the coming year. If the revised program is not approved, propose modifications to employer to revise its days to incorporate modifications which the be equivalent. Implementation of Employer's CTR ProgrAm. The employer shall implement the approved CTR Program not more than one hundred and eighty (180) days after the CTR Program first submitted to the City unless extensions allow late implementation. Implementation of CTR Programs have been modified based goals must occur within thirty approval of such modifications. 10.02.100 tlhe City shall the program and direct the program within thirty (30) those modifications or jurisdiction determines to on non-attainment of CTR (30) days following City Requests for Waivers/Modification of CTR Requirements. Waivers. An affected employer may request the City to grant a waiver from CTR Program requirements for a particular worksite. A waiver may be granted if and only if the affected employer demonstrates that it faces an Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 extraordinary circumstance as a result of the characteristics of its business, its work force, or its location(s) and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Requests for waivers applying to the initial CTR Program submittal are due within three (3) months after the employer has been notified that it is subject to chapter and thereafter requests can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The City shall review annually all employers receiving waivers and shall determine whether the waiver will continue to be in effect during the following CTR Program year. Goal Nodificatlon. Any affected employer may request a modification of CTR Program goals. Grounds for granting modification are limited to the following: 1. An affected employer can demonstrate it requires: a. significant numbers of its employees to use the vehicles they drive to work during the work day for work purposes, that no reasonable alternative commute mode exists; for these employees, and that the vehicles cannot reasonably be used for carpools or vanpools; and/or Ordinance No. 4602 Exhibit March 9, 1993 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 some employees to work variable shifts during the year, so that these employees sometimes begin their shifts within the 6:00 a.m. to 9:00 a.m. time period and other times begin their shifts outside that time period; provided that, if there are a significant number of employees who work an identical shift rotation, such employees shall be part of the employer's CTR Program measurement, as they form enough of a consistent pool to maintain ridesharing arrangements. If the employer provides documentation indicating how many employees meet either of these conditions, the applicable goals will not be changed, but the employees who fall into these categories will not be included in the calculations of proportion of SOV trips and VMT per employee used to determine the employer's progress toward CTR Program goals. 2. An affected employer demonstrates that its worksite is contiguous with a CTR zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer,s worksite may be made subject to the same Ordinance No. 4602 Exhibit March 9, 1993 Page 18 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 goals for VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone. Employers may only request a modification based on conditions 1 and 2 above within three (3) months after being notified that they are subject to this chapter· 4. Unanticipated conditions, such as unavailability of alternative commute modes due to factors related to the worksite, an employer's work force, or characteristics of the business that are beyond the employer's control. A request for goal modification based on this condition must be made by the employer,s assigned reporting dates in 1995 and 1997. 5. Relocation of a worksite to another CTR zone. Requests for goal modification based on this condition may be made at any time. All requests for modification of CTR Program goals must be made in writing by certified mail or delivery, return receipt. Modifioation of CTR Program Elements. If an employer wants to change a particular aspect of its CTR Program during the period of time between annual reporting dates, the employer must contact the City. Ordinance No. 4602 Exhibit March 9, 1993 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Extensions. An employer may request additional time to submit a CTR Program or CTR annual progress report, or to implement or modify a Program for reasonable causes. 1. Such requests shall be made in writing to the City's Public Works Director before the due date for which the extension is being requested. In addition, all requests for extensions must be made prior to the due date anytime a program submission is going to be more than one week late. 2. Extensions shall not exceed ninety (90) days. Employers shall be limited to a total of ninety (90) allowed extension days per year. 3. Extensions shall not exempt an employer from any responsibility in meeting CTR Program goals. Extensions granted due to delays or difficulties with any program discontinuing or Program elements. element(s) shall not be cause for failing to implement other CTR An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the Public Works Director. Ordinance No. 4~02 Exhibi! March 9, 1993 Pal~e 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10.02.110 Credit Pot Transportation Demand Nanag'ement Efforts, &. Credit for Programs Implemented Prior to the Base Year. Employers with successful TDM programs implemented prior to the 1992 base year may apply to the City for program credit. 1. Employers whose VMT per employee and ]proportion of SOV trips are already equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year's annual report. 2. Employers applying for the program credit in their initial 1993 program description shall be considered to have met the 1995 CTR goals if tlheir VMT per employee and proportion of SOY trips are equivalent to a 12 percent or greater reduction from the base year zone values. This three percentage (3%) point credit applies only to the 1995 CTR goals. 3. For the initial year, employer requests for program credit are due within three (3) months after notification that the employer is subject to this ordinance. Requests for program credit must be Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 received by the employer's assigned reporting dates in 1995 and 1997 for succeeding years. Application for a program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant's VMT per trips. Credit for Alternative employee and proportion of SOV Work Schedules, Telecommuting, Bicycling and Walking, by Affected Employees. 1. The City will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking a~ 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee. 2. This type of credit is applied when calculating the SOV and VMT rates of affected employers. 10.02.120 Appeals. A. Employers may file a written appeal of final administrative decisions regarding the following actions: 1. Rejection of an employer's proposed CTR Program. 2. Denial of an employer's request for a waiver or modification of any of the requirements under this Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 chapter or a modification of the el~loyer's CTR Program. 3. Denial of credits requested under Section 10.02.110 of this chapter. B. All appeals must be filed with the City's Public Works Department within twenty (20) days after the final administrative decision is issued. Appeals shall be heard by the City's Hearing Examiner pursuant to Auburn City Code Chapter 18.66. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and the Guidelines of the State Task Force. The Hearing Examiner's determination shall be final unless appealed to the City Council pursuant to Auburn City Code 18.66.160. 10.02.130 Enforcement. A. Compliance. For purposes of this chapter, "compliance" shall mean submitting required reports and .documentation at prescribed times and fully implementing all provisions Be in an accepted CTR Program. Violations. Any violation of this enforced pursuant to the provisions of Chapter 1.25. The following actions violation of this chapter: chapter shall be Auburn City Code shall constitute a Ordinance No. 4602 Exhibit "A" March 9, 1993 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DJ Failure to implement an approved CTR Program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this chapter. Failure to implement a CTR Program includes but is not limited to: a. Failure of any affected employer to submit a complete CTR Program within the deadlines specified in Section 10.02.090 of 'this chapter. Failure to submit required documentation for annual reports. c. Submission of fraudulent data. Failure to modify a CTR Program found to be unacceptable by the City under Section 10.02.090(D). Penalties. Each day of failure by an employer to (a) implement a CTR Program, or (b) modify an unacceptable CTR Program shall constitute a separate violation. Exemption from oivil liability. An employer shall not be liable for civil penalties if failure to implement an element of a CTR Program was the result of'an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith Ordinance No. 4602 Exhibit March 9, 1993 Page 24 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 compliance if they: (a) Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and (b) Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Auburn and advise the union that the proposal being made is necessary for compliance with RCW 70.94.531. Ordinance No. 4602 Exhibit March 9, 1993 Page 25