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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
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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
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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
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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
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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
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"&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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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"
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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
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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
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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
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March 9, 1993
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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.
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March 9, 1993
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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
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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
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March 9, 1993
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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
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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
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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
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March 9, 1993
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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
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