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HomeMy WebLinkAbout6981 ORDINANCE NO. 6981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO COMMUTE TRIP REDUCTION, AND AMENDING CHAPTER 10.02 OF THE AUBURN CITY CODE WHEREAS, motor vehicle traffic is a major source of air pollution, which causes significant harm to public health and degrades the quality of the environment; and WHEREAS, increasing motor vehicle traffic aggravates traffic congestion in the City of Auburn; and WHEREAS, traffic congestion imposes significant costs on City businesses, government, and individuals in terms of lost working hours and delays in the delivery of goods and services, as well as making the City a less desirable place to live, work, visit, and do business; and WHEREAS, decreasing the demand for vehicle trips is a significantly less costly method of reducing traffic congestion and vehicle pollution than constructing new transportation facilities; and WHEREAS, RCW 70A.15.4020 sets forth state policy on commute trip reduction; and WHEREAS, Auburn City Code Chapter 10.02, Commute Trip Reduction (CTR) Plan was adopted pursuant to RCW 70.94.527 (recodified as RCW 70A.15.4020); and WHEREAS, changes to the procedures set forth for Commute Trip Reduction by the Washington State Transportation Demand Management Technical Committee has made revisions to the Auburn City Code necessary; and Ordinance No. 6981 May 27, 2025 Page 1 of 3 Rev.04/24 WHEREAS, adoption of this Ordinance will promote the public health, safety, and general welfare within the City of Auburn and the region; and WHEREAS, the Washington State Transportation Demand Management Technical Committee has approved the City of Auburn Draft Commute Trip Reduction Plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 10.02, Commute Trip Reduction (CTR) Plan, of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance,will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6981 May 27, 2025 Page 2 of 3 Rev.04/24 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: JUN 0 2 2025 PASSED: JUN 0 2 2025 APPROVED: JUN 0 2 2025 mo NANCY BAC.,, i S,' A OR ATTEST: APP- ED AS To FOR J� .107' Shawn Campbe 1, MM , City CI rk J-son Whalen, City Attorney Published: Ordinance No. 6981 May 27, 2025 Page 3 of 3 Rev.04/24 Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 1 of 17 Chapter 10.02 COMMUTE TRIP REDUCTION (CTR) PLAN Sections: 10.02.005 Findings. 10.02.010 Definitions. 10.02.015 Administration office 10.02.020 Commute trip reduction goals. 10.02.030 Repealed. 10.02.040 City of Auburn CTR plan. 10.02.050 Responsible agency. 10.02.060 Applicability. 10.02.070 Requirements for employers. 10.02.080 Recordkeeping. 10.02.090 Repealed. 10.02.095 Program review and modifications. 10.02.100 Requests for exemptions or goal modifications of CTR requirements. 10.02.110 Commute trip reduction certificate of leadership. 10.02.120 Appeals. 10.02.130 Enforcement. 10.02.005 Findings. The sCity of Auburn recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues. (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999.) 10.02.010 Definitions. For the purpose of this chapter,the following definitions shall apply in the interpretation and enforcement of this chapter: A. "Affected employee" means a full-time employee of an affected employer . ekisiver ., two er more weekdays per week for at least 12 continuous months, and who is not an independent contractor.Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees._ The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 2 of 17 Employees who telework full-time, part-time, or occasionally, are considered an affected employee unless they meet all of the following conditions: 1. Work from home or a site near home, and 2. Come to the worksite once per year or less, and A 3. Live more than 150 miles from their worksite. B. "Affected employer" means a public or private employer that,for 12 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. Construction worksites,when the expected duration of the construction is less than two years, are excluded from this definition. C. "Alternative mode" means any type of commute transportation other 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 schedules" means programs such as compressed work weeks that eliminate work trips for affected employees. E. "Base year" means the 12-month period which commences when a major employer is determined by the Csity to be participating within the CTR program. The city uses this 12-month period as the basis upon which it develops commute trip reduction goals. F. "Base year survey"or"baseline measurement" means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The sCity uses this measurement to develop commute trip reduction goals for the major employer.The baseline measurement must be implemented in a manner that meets the requirements specified by the sCity. G. "Carpool" means a motor vehicle, including a motorcycle, occupied by two to six people sf least 16 years of age traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. H. "City" means the sCity of Auburn. I. "Commute trips" mean trips made from an employee's w^r-kels home to a worksite with a regularly scheduled arrival time of 6:00 a.m.to 9:00 a.m., inclusive, on weekdays. J. "CTR" is the abbreviation of commute trip reduction. K. "CTR plan" means the sCity's plan to regulate and administer the CTR programs of affected employers within its jurisdiction. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 3 of 17 L. "CTR program" means an employer's strategies to reduce affected employees' drive-alone commutes and average VMT per employee. dig th. d. ABM. "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, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. OWN."Custom bus/buspool" means a commute bus service arranged specifically to transport employees to work. PO."Dominant mode" means the mode of travel used for the greatest distance of a commute trip. Q P."Drive alone" means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. fQ."Drive-alone trips" means commute trips made by employees in single-occupant vehicles. &R."Employee" means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. T S."Employee transportation coordinator(ETC)"means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. kJT."Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative,joint venture, agency, department, district or other individual or entity,whether public, nonprofit, or private,that employs workers. VW."Exemption" means a waiver from any or all CTR program requirements granted to an employer by the sCity based on unique conditions that apply to the employer or employment IA/W. "Flex-time"is an employer policy that provides work schedules allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. X-W. "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. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 4 of 17 YX."Good faith effort" means that an affected employer has met the minimum requirements identified in RCW 70.9'1.53170A.15.4040 and this chapter and is working collaboratively with the eCity to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time. Z,Y."Implementation" means active pursuit by an employer of the CTR goals stated in RCW 70.94.52170A.15.4000 through 70.94.55170A.15.4100 and in this chapter as evidenced by appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to their approved CTR program and schedule. AA.Z_"Major employer": See affected employer.-means-a-pr-Nate-ef-pulalle-empleyer-7iasluding- scheduled-te-begin4heic-regulac-wer-k-day-between-€40-a7m,and-94)0-a7m,en-weekelays-fer--at- least-1-2-santinuGus-menths, B AA."Major employer worksite"or"affected employer worksite"or"worksite" means the physical location occupied by a major employer, as determined by the sCity. If an employee teleworks or works in the field,the Employer's physical location is considered to be that employee's worksite, and not the employee's field location or home location. GGBB."Mode" means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle(carpool/vanpool),transit,ferry, bicycle,walking, compressed work schedule, and telecommuting. ACC. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. €€DD."Peak period" means the hours from 6:00 a.m. to 9:00 a.m., inclusive, Monday through Friday, except legal holidays. FEE. "Peak period trip"means any commute trip that delivers the employee to begin their regular work day between 6:00 a.m. and 9:00 a.m., inclusive, Monday through Friday, except legal holidays. GG.FF."Proportion of drive-alone trips"or"drive-alone rate"generally means the number of commute trips over a set period made by affected employees in single-occupancy vehicles divided by the number of potential trips taken by affected employees working during that period_ as provided in the City's adopted CTR Plan. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 5 of 17 #IGG. "Ride matching service"means a system which assists in matching commutes for the purpose of commuting together. ff HH. "Teleworking"or"telecommuting" 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. dill. "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus,ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 14K,JJ. "Vanpool" means a vehicle occupied by five to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. affected a ployees d„ring that n ied MM KK. "Week" means a seven-day calendar period, starting on Monday and continuing through Sunday. NN-LL. "Weekday" means any day of the week except Saturday or Sunday. 9QMM. "Writing,""written,"or"in writing" means original signed and dated documents_ provided via email, mail, or delivery. Facsimile (fax)transmissions are temporary notice of (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.015 Administration office The City Engineer or their duly authorized representative shall be charged with the administration of this chapter. 10.02.020 Commute trip reduction goals. A. Commute Trip Reduction Goals. The eCity's goals for reductions in the proportions of drive- alone commute trips and vehicle miles traveled per employee by affected employers in the city are established by the eCity CTR plan.These goals establish the desired level of performance for the CTR program in its entirety in Auburn.The eCity will set the individual worksite goals for affected employers based on how the worksite can contribute to Auburn's overall goal The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 6 of 17 established in the sCity CTR plan. The goals will appear as a component of the affected employer's approved CTR plan. B. Commute Trip Reduction Goals for Affected Employers. 1. The drive-alone and' goals for affected employers in Auburn are hereby established as set forth in the eCity CTR plan. 2. If the goals for an affected employer or newly affected employer are not listed in the eCity CTR plan, they shall be established by the eCity at a level designed to achieve Auburn's overall goals for the jurisdiction and other areas as designated by the sCity.The sCity shall provide written notification of the goals for each affected employer worksite by providing the information when the sCity reviews the employer's proposed program and incorporating the goals into the program approval issued by the sCity. (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.030 Designation of CTR zone and base year values. Repealed by Ord. 6218. 10.02.040 City of Auburn CTR plan. The sCity of Auburn will adopt a CTR plan, consistent with the requirements of RCW 70A.15.4020, by resolution.A copy of the CTR plan shall be on file with the City Clerk. CTR plan, dated January copy of which plan will he on file with the nit„clerk is hereby adopted (Ord.6218§ 1,2010. Ord.5246 § 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.050 Responsible agency. The eCity public works department shall be responsible for implementing this chapter and the CTR plan. The sCity's CTR program for its own employees shall be administered by the eCity human resources department. (Ord.6218§ 1,2010;Ord.5246§1 (Exh.A), 1999;Ord.4602§2, 1993.) The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 7 of 17 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 sCity. The following classifications of employees are excluded from the counts of employees: (1)seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2)employees of construction worksites when the expected duration of the construction is less than two years. A. Notification of Applicability. 1. Known affected employers located within the sCity shall be notified in writing by certifcd mail that they are subject to the provisions of this chapter. Such notice shall be addressed to the company's chief executive officer, senior official, ETC, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the sCity. 2. Affected employers that, , do not receive written notice, must identify themselves to the sCity upon determining they are defined as"affected employers."Once they identify themselves, such employers will be granted 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the sCity. 3. Any existing employer of 10074 or more persons at a worksite who obtains a business license or business registration from the sCity will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or nonaffected in accordance with the provisions of this chapter. 4. An affected employer may be required to perform a new baseline measurement if required bythe City.lf an affected employer has already performed a baseline measuremen4 or an not required tn perform another baseline measurement B. Newly Affected Employers. 1. Employers that meet the definition of"affected employer"in this chapter must identify themselves to the sCity within 90 days of either moving into the boundaries of the city or increasing employment at a worksite to 100 or more affected employees. Such newly affected employers that do not identify themselves within 90 days are in violation of this chapter. 2. Newly affected employers identified as such shall be given 90 days from the date of identification to perform a baseline measurement consistent with the measurement requirements specified by the sCity. Newly affected employers that do not perform a baseline The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 8 of 17 measurement within 90 days of receiving such written notification that they are subject to this chapter are in violation of this chapter. 3. Not more than 90 days after receiving the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the eCity.The program will be developed in consultation with eCity of Auburn staff to be consistent with the goals of the°City CTR plan. The program shall be implemented by the employer not more than 90 days after approval by the eCity. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in this chapter. C. Change in Status as an Affected 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 a -ferrequest an exemption pursuant to ACC 10.02.100(A). 2. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer considered an affected emplover.placed on a 12 affeeted a ple es it is ne longer an affected employer- It is the responsibility of the employer to notify the eCity that it is no longer an affected employer, and provide documentation to the eCity to substantiateef its requestehan„e in tat is lies with the employer 2—menthes that employer will be considered an affeeted employer for the entire 12 months and will bjee to the same program regu irements as other affeeted employer . 4:3.If the same employer returns to the level of 100 or more affected employees 12 or more months-after its change in status to an "unaffected"employer,that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Ord.6218§1,2010;Ord.5246§1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.070 Requirements for employers. An affected employer is required to make a good faith effort, as defined in RCW 70.94.53470A.15.4050(2)and this chapter,to develop and implement a CTR program that will The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 9 of 17 encourage its employees to reduce VMT per employee and drive-alone commute trips.The CTR program must include the mandatory elements described herein. A. Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator. The employer shall designate an employee transportation coordinator(ETC)to administer the CTR program. The coordinator's and/or designee's name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite.The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and the eCity. The ETC must complete the basic ETC training course as provided by King-Countythe City within six months of assuming the status of designated transportation coordinator, in order to help ensure consistent knowledge and understanding of CTR laws, rules and guidelines statewide.The objective is to have an effective tfanspeFtatieweeerdinaterETC presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. 2. Information Distribution. Information about alternatives to drive-alone 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 progress report must describe what information is to be distributed by the employer and the method of distribution. 3. Description of Employer's CTR Program. Each affected employer is required to submit a description of its CTR program to the eCity works department The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other.At a minimum,the employer's description must include: a. 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; b. Number of employees affected by the CTR program and the total number of employees at the worksite; c. Documentation of compliance with the mandatory CTR program elements as described in this section; The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 10 of 17 d. Description of the additional elements included in the CTR program; and e. Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program. B. CTR Program Report and Description. Affected employers shall review their programs and file a regbiennial progress report with the 6City in accordance with the format provided by the sCity. The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commuter trip reduction goals for the reporting period.At a minimum, the employer's CTR program report and description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation of compliance with the mandatory CTR elements as described in this section; 4. Description of any additional elements included in the employer's CTR program; 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. C. Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals.As part of the program evaluation, the employer shall distribute and collect commute trip reduction program employee questionnaires(surveys)at least once every two years, and strive to achieve at least a 7rl n ent response rate from employees at the worksite.The employer shall achieve the response rate as determined appropriate by the City. If, after a good faith effort,the response rate is not achieved,the City Engineer may adjust the required response rate. 1—Additional Program Elements. In addition to the specific CTR program elements described above, the employer's CTR program shall include one or morea sot of measures designed to meet CTR goals.-Measures--may i elude but' e et limited t^ no or more of the following: vehicles; 7 Institi Minn or increasing parking charges for drive alone vehicles• The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 11 of 17 4. Provisio„ subsidies;or rail,vanpool,or-tr sitfares and/or transit passes; r r r r r schedules• 7 Dermi#firm the r r of the employer's vehicles for carpooling or yannoolino• r r r r wor�crksite; r r r r r r r r parking facilities• r r r 8i r 47 Charging e I ees for parkinn rl/ the elimination of free parking• and a-8 D. trips made tothe-site.(Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.080 Recordkeeping. Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the sCity for a minimum of 48 months. The The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 12 of 17 °City and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program. (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.090 Annual reports. Repealed by Ord. 6218. 10.02.095 Program review and modifications. The sCity shall provide the employer with written notification indicating whether a CTR program or progress report was approved-rejected or deemed unacceptable.The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or progress report within 90 days of submission, the employer's program or progress report is deemed accepted.The°City may extend the review period up to 90 days with written notification from the City. The implementation date for the employer's CTR program will be extended an equivalent number of days. A. An initial CTR program will be deemed acceptable if all required information on the CTR program form set forth in ACC 10.02.070 is provided. Upon review of an employer's initial CTR program,the°City shall establish the employer's regular reporting date. B. Modification of CTR Program Elements. Any affected employer may submit a request to the °City for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. C. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and-proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets the drive-alone trip rate goaleither or both goals,the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program; 2. If an employer makes a good faith effort,as defined in RCW 70.91.53170A.15.4050 and this chapter, but has not met the applicable drive-alone or VMT goal, no additional modifications are required. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 13 of 17 D. The eCity may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request for a program modification. E. If an employer fails to make a good faith effort as defined in RCW 70.91.53170A.15.4050(2)and this chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.91.53470A.15.4050(2), including specific recommended program modifications. In response to recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The eCity shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the eCity will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program.A final decision on the required program will be issued in writing by the eCity within 10 working days of the conference. (Ord.6218§ 1,2010; Ord.5246§1 (Exh.A), 1999.) 10.02.100 Requests for exemptions or goal modifications of CTR requirements. A. Employer Exemptions. An affected employer may submit a request to the eCity to grant an exemption from all CTR program requirements or penalties for a particular worksite.The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s).An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement measures that could reduce the proportion of drive-alone commute trips and VMT per employee. Exemptions may be granted by the eCity at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The eCity shall grant or deny the request within 30 days of receipt of the request.The eCity shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following CTR program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts.The city will use the criteria identified in the The eCity shall grant or deny the request within 30 days of receipt of the request.The eCity The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 14 of 17 shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Goal Modification. 1. An affected employer may request that the eCity modify the worksite'sits CTR program goals. Such requests shall be fled in writing at least 60 days prior to the date the worksite icy required to s bmit its program description end progress. report The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal.The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The eCity will review and grant or deny requests for goal modifications in accordance with 3. An employer may not request a modification of the applicable goals until one year after the °City approves the worksite'sits initial program description or annual report. D. Modification of CTR Program Elements. Any affected employer may submit a request to the eCity for modification of CTR program elements, other than the mandatory elements specified in this chapter, including recordkeeping requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. E. Extensions. An employer may request additional time to submit a CTR program description or report, or to implement or modify a program for reasonable causes. 1. Such requests shall be made in-wfitiRg-to the eCity' 30 days 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.The eCity shall grant or deny the employer's extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. 2. Extensions shall not exceed 90 days. Employers shall be limited to a total of 90 allowed extension days per year. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 15 of 17 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 element(s)shall not be cause for discontinuing or failing to implement other CTR program elements. 4. An employer's regular reporting date shall not be adjusted permanently as a result of these extensions.An employer's biennial reporting date may be extended at the discretion of the public works director. 5. Implementation of Employer's CTR Program. Unless extensions are granted,the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the eCity that the program has been approved or with the expiration of the program review period without receiving notice from the eCity. (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.110 Commufe tripreeduction certificaate-of leadefcrhGrp. 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 chapter or a modification of the employer's CTR program. B. Appeals of the ' City Engineer's determinations made pursuant to this chapter must be filed with the city's public works department within 20 days after the final administrative decision is issued.Appeals shall be heard by the city's hearing examiner in Public Works Director.The Public Works Director will review the administrative decision of the City and affirm or reverse the decision made.The Employer may submit additional materials for the City's consideration of the appeal.The Employer must submit any additional materials with the written appeal at the time of filing. Any extensions of the time to provide additional materials are within the discretion of the Public Works Director. The Public Works Director shall issue a determination on appeal within 60 days of receipt of the date The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 16 of 17 the appeal was filed, or within 60 days of final submission of any additional materials if an extension for submission is granted. BC.Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and the guidelines of the State commute trip reduction board. hearing examiner (Ord.6442§5,2012;Ord.6218§ 1,2010;Ord.6182§ 1,2008;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) 10.02.130 Enforcement. A. Compliance. For purposes of this chapter, "compliance"shall mean: 1. Submitting required reports and documentation at prescribed times; 2. Fully implementing in good faith all provisions in an approved CTR program; and 3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period. B. Violations. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC.The following actions shall constitute a violation of this chapter: 1. 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-VW-and drive- alone commute 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 ACC 10.02.060 and 10.02.070; b. Failure to submit required documentation for annual reports; c. Submission of fraudulent data. d. Failure to modify a CTR program found to be unacceptable by the city under ACC 10.02.095(D). e. Failure to make a good faith effort, as defined in RCW 70.9'1.53470A.15.4050(24) and this chapter. The Auburn City Code is current through Ordinance 6976,passed April 7,2025. Ordinance 6981,Exhibit A Chapter 10.02 ACC,Commute Trip Reduction(CTR)Plan Page 17 of 17 f. Failure to self-identify as an affected employer. g. Failure to perform a baseline measurement within the applicable deadline set forth in this chapter. C. Penalties. 1. No affected employer with an approved CTR program may be penalizedheld-liable for failure to reach the applicable drive-alone commute-sr-4AAT goals. 2. Each day of failure by an employer to comply with the requirements of this chapter shall constitute a separate violation, subject to penalties as described in Chapter 1.25 ACC. D. Exemption from Civil Liability. An affected 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 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 and advise the union that the proposal being made is necessary for compliance with RCW 70.94.531. (Ord.6218§ 1,2010;Ord.5246§ 1 (Exh.A), 1999;Ord.4602§2, 1993.) The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Disclaimer: The city clerk's office has the official version of the Auburn City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website:www.auburnwa.qov Hosted by General Code. The Auburn City Code is current through Ordinance 6976,passed April 7,2025.