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HomeMy WebLinkAboutO-2152 - Adds Ch. 11.52, commute trip reduction plan (Repealed by 3047);~~@..J­ 1-114..-~. /~Q~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.Q-./Sd.- AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON ENACTING A NEW CHAPTER 11 .52 MARYSVILLE MUNICIPAL CODETO ADDRESSCOMMUTER TRIPREDUCTION(CTR)PLANS AS REQUIRED BY RCW §70.94.527. WHEREAS,State law requires each city or town in a county with a population over one hundred and fifty thousand to adopt by ordinance and implement a CTR plan for all major employers; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 11.52 of the Marysville Municipal Code is hereby enacted which reads as follows: Chapter 11.52 COMMUTE TRIP REDUCTION (CTR PLAN) SECTION 11.52.010 SECTION 11.52.020 SECTION 11.52.030 SECTION 11.52.040 SECTION 11.52.050 SECTION 11.52.060 SECTION 11.52.070 SECTION 11.52.080 SECTION 11.52.090 SECTION 11.52.100 SECTION 11.52.110 SECTION 11.52.120 SECTION 11.52.130 SECTION 11.52.140 SECTION 11.52.150 SECTION 11.52.160 SECTION 11.52.170 SECTION 11.52.180 SECTION 11.52.190 SECTION 11.52.200 SECTION 11.52.210 Imv/commute.ord (10/22/97) PURPOSE DEFINITIONS MARYSVILLE COMMUTE TRIP REDUCTION (CTR PLAN) RESPONSIBLE CITY DEPARTMENT APPLICABILITY NEW AFFECTED EMPLOYERS CHANGE IN STATUS -AFFECTED EMPLOYER REQUIREMENTS FOR EMPLOYERS CTR PROGRAM DESCRIPTION REQUIREMENTS MANDATORY PROGRAM ELEMENTS ADDITIONAL PROGRAM ELEMENTS RECORD KEEPING CTR PROGRAM CTR ANNUAL PROGRESS REPORTS DOCUMENT REVIEW MODIFICATION OF CTR PROGRAM ELEMENTS EXTENSIONS IMPLEMENTATION OF EMPLOYER'S CTR PROGRAM CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT EFFORTS ENFORCEMENT PENALTIES 1 SECTION 11.52.220 SECTION 11.52.230 SECTION 11.52.240 EXEMPTIONS AND GOAL MODIFICATIONS APPEALS SEVERABILITY SECTION 11.52.010 PURPOSE The City enacts this ordinance to obtain any preference that will be given to or achieved by the Citv of Marysville from the integration of services with and between RTA, rail, Park 'n Ride, and other forms of local and regional transportation.The City wishes to provide integrated transportation services and meaningful facilities in the City to reduce now and in the future impacts upon individual employers and the City. SECTION 11.52.020 DEFINITIONS For the purpose of this Chapter,the following definitions shall apply in interpretation and enforcement of this Chapter: "Affected Employee"means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.rn.(inclusive)on two or more weekdays for at least twelve continuous months;and The employee will only be counted at his or her primary worksite.Seasonal agricultural employees,including seasonal employees of processors of agricultural products are excluded from the count of affected employees. "Affected Employer"means an employer that employs 1 00 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 for at least twelve continuous months.Construction worksites,when the expected duration of the construction is less than two years,are excluded from this definition. "Alternative Mode"means any means 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. "Alternative Work Schedules"mean programs such as compressed work weeks that eliminate work trips for affected employees. "Base Year"means the period from January 1,1998,through December 31,1998, on which goals for vehicle miles traveled (VMT)per employee and proportion of single-occupant vehicle (SOV)trips shall be based. "Carpool"means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. /mv/commute.ord (10/22/97)2 "Commute Trip"means a trip made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 a.m.to 9:00 a.rn.(inclusive)on weekdays. "CTR Plan"means the City's plan and this ordinance which is intended to regulate and administer the CTR programs of Affected Employers within its jurisdiction. "CTR Program"means an employer's strategies to reduce affected employees'SOV use and VMT per employee. "CTR Zone"means an area,such as a census tract or combination of census tracts, within Snohomish County 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 SOV commuting. "Commuter Matching Service"means a system that assists in matching commuters for the purpose of commuting together. "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 bi-weekly arrangements,the most typical being four 1O-hour days or 80 hours in nine days,but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. "Custom Bus/Buspool"means a commuter bus service arranged specifically to transport employees to work. "Dominant Mode"means the mode of travel used for the greatest distance of a commute trip. "Employer"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. "Exemption"means a waiver from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. "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 for an average of at least 35 hours per week. Imv/commute.ord (10/22/97)3 "Good Faith Effort"means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance,and is working collaboratively with the City 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. "Implementation"means active pursuit by an employer toward the goals of this ordinance as evidenced by appointment of a transportation coordinator,and commencement of other measures according to their CTR program and schedule. "Mode"means the type of transportation used by employees,such as single- occupant motor vehicle,ride-share vehicle (carpool,vanpool),transit,ferry,bicycle, and walking. "Peak Period"means the hours from 6:00 a.m.to 9:00 a.m.(inclusive),Monday through Friday,except legal holidays. "Peak Period Trip"means 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 Single-Occupant Vehicle Trips"or "SOV 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. "Single-Occupant Vehicle (SOV)"means a motor vehicle occupied by one employee for commute purposes,including a motorcycle. "Single-Occupant Vehicle (SOV)Trips"means trips made by affected employees in SOVs. "Single Worksite"means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way,and at which there are one hundred or more full-time employees of one or more employers,who begin their regular work day between 6:00 a.m.and 9:00 a.m.on weekdays,for at least twelve continuous months. "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. "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.A transit trip counts as zero vehicle trips. Imv/commute.ord (10/22/97)4 "Transportation Manager"means the Planning Director,or his or her designee who will be responsible for administering the City's Commute Trip Reduction activities. "Transportation Management Organization (TMO)"means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits,or may have a sphere of influence that extends beyond city limits. "Vanpool"means a vehicle occupied by seven to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.A vanpool trip counts as zero vehicle trips. "Vehicle Miles Traveled (VMT)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. "Week"means a seven day calendar period,starting on Monday and continuing through Sunday. "Weekday"means any day of the week except Saturday or Sunday. "Writing,""Written,"or "In Writing"means original signed and dated documents. Facsimile (fax)transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. SECTION 11.52.030 MARYSVILLE COMMUTE TRIP REDUCTION (CTR) PLAN The 1998 Marysville CTR Plan is wholly incorporated herein by reference and enacted as the Marysville Commute Trip Reduction Plan. SECTION 11.52.040 RESPONSIBLE CITY DEPARTMENT The Planning Director is hereby authorized and directed to enforce all the provisions of this ordinance.The Planning Director may prepare and require the use of such forms and procedures as are essential to the administration of this chpater. SECTION 11.52.050 APPLICABILITY The provisions of this ordinance shall apply to any Affected Employer at any single worksite within the corporate limits of the City of Marysville. (1) A notice of availability of a summary of this ordinance,a notice of the requirements and criteria for Affected Employers to comply with this ordinance,and subsequent ordinance,revisions shall be published at least once in Marysville's official newspaper not more than 30 days after passage of this ordinance; Imv/commute.ord (10/22/97)5 (2)Affected employers located in the City are to receive written notification within 30 days of passage of this ordinance that they are subject to this ordinance.Such notice shall be by certified mail,return receipt requested,addressed to the company's chief executive officer,senior official,or CTR manager at the worksite; (3)Affected employers that,for whatever reason,do not receive notice within 30 days of passage of this ordinance and are either notified or identify themselves to the City within 180 days of the passage of this ordinance will be granted an extension to assure the employers have up to 150 days to develop and submit a CTR program; (4)Affected employers that have not been identified or do not identify themselves within 180 days of the passage of this ordinance and do not submit a CTR program within 180 days from the passage of this ordinance are in violation of this ordinance. SECTION 11.52.060 NEW AFFECTED EMPLOYERS Employers that meet the definition of "Affected Employer"in this ordinance must identify themselves to the City within 180 days of either moving into the boundaries of Marysville or growing in employment at a worksite to one hundred (100)or more affected employees.Such employers shall be granted a minimum of 150 days to develop and submit a CTR program.Employers that do not identify themselves within 180 days of becoming an Affected Employer are in violation.New Affected Employers shall have two years to meet the first CTR goal of twenty (20%)percent; four years to meet the second goal of twenty-five (25%)percent;and six years to meet the third goal of thirty-five (35%)percent from the time they begin their program. SECTION 11.52.070 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 employer initially designated as an Affected Employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months,that employer is no longer an Affected Employer.The employer must notify the City in writing that it is no longer an Affected Employer; (2) If the same employer returns to the level of one hundred or more affected employees within the same twelve months,that employer will be considered an Affected Employer for the entire twelve months.The employer must notify the City in writing that it is an Affected Employer,and will be subject to the same program requirements as other Affected Employers;and /mv/commute.ord 110/22/97)6 (3) If the same employer returns to the level of one hundred or more affected employees twelve 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. SECTION 11.52.080 REQUIREMENTS FOR EMPLOYERS An Affected Employer is required to make a good faith effort,as defined in RCW 70.94.534(2)and MMC 11.52.020,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 in section 11.52.100 MMC below.The employer shall submit a description of its program to the City and provide an annual progress report to the City on employee commuting and progress toward meeting the SOV goals. SECTION 11.52.090 CTR PROGRAM DESCRIPTION REQUIREMENTS (1) The CTR program description presents the strategies to be undertaken by an Affected Employer to achieve the commute trip reduction goals for 2000, 2002,and 2004.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 and to form or use transportation management organizations in developing and implementing CTR programs. (2)At a minimum,the employer's description must include: (a) General description of the employment site location, transportation characteristics,and surrounding services,including unique conditions experienced by the employer or its employees; (b)Number of employees affected by the CTR program; (c)Documentation of compliance with the mandatory CTR program elements as described in MMC 11.52.100; (d)Description of the additional elements included in the CTR program as described in MMC 11.52.110;and (e)Schedule of implementation,assignment of responsibilities,and commitment to provide appropriate resources. SECTION 11.52.100 MANDATORY PROGRAM ELEMENTS Each employer's CTR program shall include the following mandatory elements: Imv/commute.ord (10/22/97)7 (1)Transportation Coordinator.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 employer's CTR program and act as liaison between the employer and the City.An Affected Employer with multiple sites may have one transportation coordinator for all sites; (2)Information Distribution.Information about alternatives to SOV commuting shall be provided to employees at least once a year. Each employer's program description and annual report must report the information to be distributed and the method of distribution; (3)Annual Progress Report.The CTR program must include an annual review of employee commuting and of progress and good faith efforts toward meeting the SOV reduction goals.Affected employers shall file an annual progress report with the City in accordance with the format established by the City.The report shall describe each of the CTR measures that were in effect for the previous year,the results of any commuter surveys undertaken during the year,and the number of employees participating in CTR programs.Within the report the employer should evaluate the effectiveness of the CTR program and if necessary,propose modifications to achieve the CTR goals.Survey information or approved alternative information must be provided in the year 2000,2002 and 2004 annual reports. SECTION 11.52.110 ADDITIONAL PROGRAM ELEMENTS The employer's CTR program shall include additional elements needed to meet CTR goals.Elements may include,but are not limited to,one or more of the following: (1)Provision of preferential parking or reduced parking charges,or both, for high-occupancy vehicles; (2)Instituting or increasing parking charges for SOVs; (3)Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips; (4)Provision of subsidies for transit fares; (5)Provision of vans for vanpools; (6)Provision of subsidies for carpools or vanpools; (7)Permitting the use of the employer's vehicles for carpooling or vanpooling; /mv/commute.ord (10/22/97)8 (8)Permitting flexible work schedules to facilitate employees'use of transit,carpools,or vanpools; (9)Cooperation with transportation providers to provide additional regular or express service to the worksite; (10)Construction of special loading and unloading facilities for transit, carpool,and vanpool users; (11)Provision of bicycle parking facilities,lockers,changing areas, and showers for employees who bicycle or walk to work; (12)Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; (13)Establishment of a program to permit employees to work part-or full- time at home or at an alternative worksite closer to their homes; (14)Establishment of a program of alternative work schedules,such as a compressed work week,which reduce commuting;and (15)Implementation of other measures designed to facilitate the use of high-occupancy vehicles,such as on-site day care facilities and guaranteed ride home services. SECTION 11.52.120 RECORD KEEPING Affected employers shall include a list of the records they will keep as part of the CTR program they submit to the City for approval.Employers will maintain all records listed in their CTR program for a minimum of 24 months.The City and the employer shall agree on the record-keeping requirements as part of the accepted CTR program. SECTION 11.52.130 CTR PROGRAM Not more than six months after the adoption of this ordinance,or within six months after an employer qualifies under the provisions of this ordinance,the employer shall develop a CTR program and shall submit to the City a written description of that program for review by the City. SECTION 11.52.140 CTR ANNUAL PROGRESS REPORTS Upon review of an employer's initial CTR program,the City shall establish the employer's annual reporting date,which shall not be less than 12 months from the day the program is submitted.Each year on the employer's reporting date,the employer shall submit to the City the annual CTR report. Imv/commute.ord (10/22/97)9 SECTION 11.52.150 DOCUMENT REVIEW The City shall provide the employer with written notification if a CTR program is deemed unacceptable.The notification must give cause for the rejection.If the employer does not receive written notification of extension of the review period for the CTR program or City comment on the CTR program or annual report within 90 days of submission,the employer's program or annual report is deemed accepted. The City may extend the review period up to 90 days.The implementation date for the employer's CTR program will be extended an equivalent number of days. SECTION 11.52.160 MODIFICATION OF CTR PROGRAM ELEMENTS Any Affected Employer may request modification of CTR program elements,other than the mandatory elements specified in this ordinance,including record-keeping requirements.Such request may be granted by the City 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. SECTION 11.52.170 EXTENSIONS (1)An Affected Employer may request an extension not to exceed 90 days to submit a CTR program or CTR annual progress report,or to implement or modify a program.Such requests shall be made in writing no less than 30 days before the due date for which the extension is being requested.Requests must be made by certified letter,return receipt requested.Extensions may be granted for the following causes: (a)There is insufficient staff to do the work; (b) The program is extraordinarily complex due to substantial work force,multiple worksites or other factors; (c)There are multiple employer participants on a single site and coordination of these employers has caused unanticipated delay; (d) Director. Any other reasonable cause as determined by the Planning (2)The City shall grant or deny the employer's extension request by certified letter,return receipt requested within 10 working days of receipt.If there is no response issued to the employer,an extension is automatically granted for 30 Imv/commute.ord (10/22/971 10 days.Extensions shall not exempt an employer from any responsibility in meeting 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 program elements.An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. SECTION 11.52.180 IMPLEMENTATION OF EMPLOYER'S CTR PROGRAM The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the City.Implementation of the approved program modifications will occur within 30 days of the final decision or 180 days from submission of the CTR program or CTR annual report,whichever is greater. SECTION 11.52.190 CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT EFFORTS (1)Leadership Certificate.As public recognition for their efforts, employers with VMT per employee and proportion of SOY trips lower than the zone average will receive a Commute Trip Reduction Certificate of Leadership from the City. (2)Credit For Programs Implemented Prior to the Base Year.Employers with successful transportation demand management (TDM)programs implemented prior to the 1998 base year may be eligible to apply for program exemption credit, which exempts them from most program requirements.When these employers apply for the program exemption credit in their initial 1998 CTR program descriptions,they shall be considered to have met the 1998 CTR goals if their VMT per employee and proportion of SOY trips are equivalent to a 12 percent or greater reduction from the final base year zone values.This three percent point credit applies only to the 1998 CTR goals. (3)Process to Apply for Program Exemption Credit.Affected employers may apply for program exemption credit for the results of past or current transportation demand management (TDM)efforts by applying to the City in their initial program description or as part of any other annual report.Application shall include results from a survey of employees,or equivalent information that establishes the applicant's VMT per employee and proportion of SOY trips.The surveyor equivalent information shall conform to all applicable standards established in guidelines issued by the State Commute Trip Reduction Task Force. SECTION 11.52.200 ENFORCEMENT (1)Compliance.For purposes of this section,compliance shall mean fully implementing all provisions in an accepted CTR program or meeting or exceeding VMT and SOY goals of this ordinance. Imv/commute.ord (10/22/97)11 (2) Program Modification Criteria.The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications: (a) If an employer meets either or both goals,the employer has satisfied the objective of the CTR plan and will not be required to modify the CTR program; (b) If an employer makes a good faith effort,as defined in RCW 70.94.534(2)and MMC 11.52.020,but has not met or is not likely to meet the applicable SOV or VMT goal,the City shall work collaboratively with the employer to make modifications to the CTR program.After agreeing on modifications,the employer shall submit a revised CTR program description to the City for approval within 30 days. (c) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2)and MMC 11.52.020,and fails to meet the applicable SOV or VMT reduction goal,the City shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications.In response to the recommended modifications or equivalent measures,the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures,within 30 days of certified return receipt.The City shall review the revisions and notify 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 City within 10 working days of the conference. (3)Violations.The following constitute violations if the deadlines established in this ordinance are not met: (a) including: Failure to develop and/or submit on time a complete program, (I)Employers notified or that have identified themselves to the City as Affected Employers within 180 days of the ordinance being adopted and that do not submit a CTR program within 150 days from the notification or self-identification;or (ii)Affected Employers not identified or self-identified within 180 days of the ordinance being adopted and that do not submit or implement a CTR program within 180 days from the adoption of the ordinance; Imv/commute.ord (10/22/97)12 (b) Failure to make a good faith effort,as defined in RCW 70.94.534(2)or MMC 11.52.020;or (c) Failure to modify a CTR program as defined in 70.94.534(4)and this ordinance. SECTION 11.52.21 0 PENALTIES The following penalties apply: (1) No major employer may be held liable for failure to reach the applicable sov e-VMT goal; (2) Each day of failure to implement the CTR program shall constitute a separate violation.Any violation of this Chapter shall be a civil infraction subject to a maximum penalty of $250 and enforced in accordance with the provisions of Chapter 4.02MMC. (3) 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 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 state law (RCW 70.94.531). SECTION 11.52.220 EXEMPTIONS AND GOAL MODIFICATIONS (1)Worksite Exemptions.An Affected Employer may request an exemption from all CTR program requirements for a particular worksite.The employer must demonstrate that it would experience undue hardship in complying with the requirements of this ordinance as a result of the characteristics of its business,its work force,or its location(s).An exemption may be granted only if the Affected Employer demonstrates that it faces extraordinary circumstances,such as bankruptcy,and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee.Exemptions may be granted by the City during the annual program review process.The City shall review annually all employers receiving exemptions,and shall determine whether the exemption will be in effect during the following program year. Imv/commute.ord (10/22/97)13 (2)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 CTR Task Force Guidelines to assess the validity of employee exemption requests.The City shall review annually all employee exemption requests,and shall determine whether the exemption will be in effect during the following program year. (3)Modifications of CTR Program Goals. (a) An affected employer may request that the City modify its CTR program goals.Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual 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 elements contained in its approved CTR program. (b) The City will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force guidelines. (c) An employer may not request a modification of the applicable goals until one year after the City approval of its initial program description and annual report. SECTION 11.52.230 APPEALS (1)Appeals.Any Affected Employer may appeal administrative decisions regarding exemptions,modification of goals or elements or modification of the affected employer's plans using the procedures set forth in Chapter 15.11 MMC used for appeals of administrative determinations on interpretations of land use regulations. (2)Notice of Violation and Assessment of Civil Penalties.Any person receiving a Notice of Violation and Assessment of Civil Penalties for violation of this chapter may appeal the same in accordance with the provisions set forth in Chapter 4.02 MMC. SECTION 11.52.240 SEVERABILITY If any section,subsection,sentence,clause,phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. Imv/commute.ord (10/22/97)14 Section 2.Effective Date. The effective date of this ordinance shall be January 1,1998. PASSED by the City Council and APPROVED by the Mayor this 3r4 day of NaC1l1.rrokv ,1997.-- ATTEST: BY~'_~~CITY CLERK Approved as to form: BY~{(.uJ~ CITY ATTORNEY Date of Publication:_--'-/.-'-='-1--1--'-__ /mv/commute.ord (10/22/97)15 1-Cd2,-?~ I-~~. I--GJ~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.)}~l..- AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON ENACTING A NEW CHAPTER 11 .52 MARYSVILLE MUNICIPAL CODETO ADDRESS COMMUTER TRIPREDUCTION(CTR)PLANS AS REQUIRED BY RCW §70.94.527. WHEREAS,State law requires each city or town in a county with a population over one hundred and fifty thousand to adopt by ordinance and implement a CTR plan for all major employers; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 11.52 of the Marysville Municipal Code is hereby enacted which reads as follows: Chapter 11.52 COMMUTE TRIP REDUCTION (CTR PLAN) SECTION 11.52.010 SECTION 11.52.020 SECTION 11.52.030 SECTION 11.52.040 SECTION 11.52.050 SECTION 11.52.060 SECTION 11.52.070 SECTION 11.52.080 SECTION 11.52.090 SECTION 11.52.100 SECTION 11.52.110 SECTION 11.52.120 SECTION 11.52.130 SECTION 11.52.140 SECTION 11.52.150 SECTION 11.52.160 SECTION 11.52.170 SECTION 11.52.180 SECTION 11.52.190 SECTION 11.52.200 SECTION 11.52.210 Imv/commute.ord (10/22/97) PURPOSE DEFINITIONS MARYSVILLE COM RESPONSIBLE CITY APPLICABILITY NEW AFFECTED EM CHANGE IN STATU REQUIREMENTS FO CTR PROGRAM DE MANDATORY PRO ADDITIONAL PROG RECORD KEEPING CTR PROGRAM CTR ANNUAL PRO DOCUMENT REVIE MODIFICATION OF EXTENSIONS IMPLEMENTATION CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT EFFORTS ENFORCEMENT PENALTIES 1 SECTION 11.52.220 SECTION 11.52.230 SECTION 11.52.240 EXEMPTIONS AND GOAL MODIFICATIONS APPEALS SEVERABILITY SECTION 11.52.010 PURPOSE The City enacts this ordinance to obtain any preference that will be given to or achieved by the City of Marysville from the integration of services with and between RTA,rail, Park 'n Ride, and other forms of local and regional transportation.The City wishes to provide integrated transportation services and meaningful facilities in the City to reduce now and in the future impacts upon individual employers and the City. SECTION 11.52.020 DEFINITIONS For the purpose of this Chapter,the following definitions shall apply in interpretation and enforcement of this Chapter: "Affected Employee"means a full-time employee who begins 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 for at least twelve continuous months;and The employee will only be counted at his or her primary worksite.Seasonal agricultural employees,including seasonal employees of processors of agricultural products are excluded from the count of affected employees. "Affected Employer"means an employer that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.rn,and 9:00 a.m.(inclusive)on two or more weekdays for at least twelve continuous months.Construction worksites,when the expected duration of the construction is less than two years,are excluded from this definition. "Alternative Mode"means any means 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. "Alternative Work Schedules"mean programs such as compressed work weeks that eliminate work trips for affected employees. "Base Year"means the period from January 1,1998,through December 31,1998, on which goals for vehicle miles traveled (VMT)per employee and proportion of single-occupant vehicle (SOV)trips shall be based. "Carpool"means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. Imv/commute.ord (10/22/971 2 "Commute Trip"means a trip made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 a.m.to 9:00 a.rn,(inclusive)on weekdays. "CTR Plan"means the City's plan and this ordinance which is intended to regulate and administer the CTR programs of Affected Employers within its jurisdiction. "CTR Program"means an employer's strategies to reduce affected employees'SOV use and VMT per employee. "CTR Zone"means an area,such as a census tract or combination of census tracts, within Snohomish County 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 SOV commuting. "Commuter Matching Service"means a system that assists in matching commuters for the purpose of commuting together. "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 bi-weekly arrangements,the most typical being four 1O-hour days or 80 hours in nine days,but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. "Custom Bus/Buspool"means a commuter bus service arranged specifically to transport employees to work. "Dominant Mode"means the mode of travel used for the greatest distance of a commute trip. "Employer"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. "Exemption"means a waiver from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. "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 for an average of at least 35 hours per week. Imv/commute.ord (1 0/22/97)3 "Good Faith Effort"means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance,and is working collaboratively with the City 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. "Implementation"means active pursuit by an employer toward the goals of this ordinance as evidenced by appointment of a transportation coordinator,and commencement of other measures according to their CTR program and schedule. "Mode"means the type of transportation used by employees,such as single- occupant motor vehicle,ride-share vehicle (carpool,vanpool),transit,ferry,bicycle, and walking. "Peak Period"means the hours from 6:00 a.m.to 9:00 a.m.(inclusive).Monday through Friday,except legal holidays. "Peak Period Trip"means 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 Single-Occupant Vehicle Trips"or "SOV 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. "Single-Occupant Vehicle (SOV)"means a motor vehicle occupied by one employee for commute purposes,including a motorcycle. "Single-Occupant Vehicle (SOV)Trips"means trips made by affected employees in SOVs. "Single Worksite"means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way,and at which there are one hundred or more full-time employees of one or more employers,who begin their regular work day between 6:00 a.m.and 9:00 a.m.on weekdays,for at least twelve continuous months. "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. "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.A transit trip counts as zero vehicle trips. Imv/commute.ord (10/22/971 4 "Transportation Manager"means the Planning Director,or his or her designee who will be responsible for administering the City's Commute Trip Reduction activities. "Transportation Management Organization (TMO)"means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits,or may have a sphere of influence that extends beyond city limits. "Vanpool"means a vehicle occupied by seven to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.A vanpool trip counts as zero vehicle trips. "Vehicle Miles Traveled (VMT)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. "Week"means a seven day calendar period,starting on Monday and continuing through Sunday. "Weekday"means any day of the week except Saturday or Sunday. "Writing,""Written,"or "In Writing"means original signed and dated documents. Facsimile (fax)transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. SECTION 11.52.030 MARYSVILLE COMMUTE TRIP REDUCTION (CTR) PLAN The 1998 Marysville CTR Plan is wholly incorporated herein by reference and enacted as the Marysville Commute Trip Reduction Plan. SECTION 11.52.040 RESPONSIBLE CITY DEPARTMENT The Planning Director is hereby authorized and directed to enforce all the provisions of this ordinance.The Planning Director may prepare and require the use of such forms and procedures as are essential to the administration of this chpater. SECTION 11.52.050 APPLICABILITY The provisions of this ordinance shall apply to any Affected Employer at any single worksite within the corporate limits of the City of Marysville. (1) A notice of availability of a summary of this ordinance,a notice of the requirements and criteria for Affected Employers to comply with this ordinance,and subsequent ordinance,revisions shall be published at least once in Marysville's official newspaper not more than 30 days after passage of this ordinance; /mv/commute.ord (1 O/22/97)5 (2)Affected employers located in the City are to receive written notification within 30 days of passage of this ordinance that they are subject to this ordinance.Such notice shall be by certified mail,return receipt requested,addressed to the company's chief executive officer,senior official,or CTR manager at the worksite; (3)Affected employers that,for whatever reason,do not receive notice within 30 days of passage of this ordinance and are either notified or identify themselves to the City within 180 days of the passage of this ordinance will be granted an extension to assure the employers have up to 1 50 days to develop and submit a CTR program; (4)Affected employers that have not been identified or do not identify themselves within 180 days of the passage of this ordinance and do not submit a CTR program within 180 days from the passage of this ordinance are in violation of this ordinance. SECTION 11.52.060 NEW AFFECTED EMPLOYERS Employers that meet the definition of "Affected Employer"in this ordinance must identify themselves to the City within 180 days of either moving into the boundaries of Marysville or growing in employment at a worksite to one hundred (100)or more affected employees.Such employers shall be granted a minimum of 150 days to develop and submit a CTR program.Employers that do not identify themselves within 180 days of becoming an Affected Employer are in violation.New Affected Employers shall have two years to meet the first CTR goal of twenty (20%)percent; four years to meet the second goal of twenty-five (25%)percent;and six years to meet the third goal of thirty-five (35%)percent from the time they begin their program. SECTION 11.52.070 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 employer initially designated as an Affected Employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months,that employer is no longer an Affected Employer.The employer must notify the City in writing that it is no longer an Affected Employer; (2) If the same employer returns to the level of one hundred or more affected employees within the same twelve months,that employer will be considered an Affected Employer for the entire twelve months.The employer must notify the City in writing that it is an Affected Employer,and will be subject to the same program requirements as other Affected Employers;and /mv/commute.ord (10/22/97)6 (3) If the same employer returns to the level of one hundred or more affected employees twelve 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. SECTION 11.52.080 REQUIREMENTS FOR EMPLOYERS An Affected Employer is required to make a good faith effort,as defined in RCW 70.94.534(2)and MMC 11.52.020,to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOY commute trips. The CTR program must include the mandatory elements described in section 11.52.100 MMC below.The employer shall submit a description of its program to the City and provide an annual progress report to the City on employee commuting and progress toward meeting the SOY goals. SECTION 11.52.090 CTR PROGRAM DESCRIPTION REQUIREMENTS (1) The CTR program description presents the strategies to be undertaken by an Affected Employer to achieve the commute trip reduction goals for 2000, 2002,and 2004.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 and to form or use transportation management organizations in developing and implementing CTR programs. (2)At a minimum,the employer's description must include: (a)General description of the employment site location, transportation characteristics,and surrounding services,including unique conditions experienced by the employer or its employees; (b)Number of employees affected by the CTR program; (c)Documentation of compliance with the mandatory CTR program elements as described in MMC 11.52.100; (d)Description of the additional elements included in the CTR program as described in MMC 11.52.110;and (e)Schedule of implementation,assignment of responsibilities,and commitment to provide appropriate resources. SECTION 11.52.100 MANDATORY PROGRAM ELEMENTS Each employer's CTR program shall include the following mandatory elements: Imvlcommute.ord (10/22/97)7 (1)Transportation Coordinator.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 employer's CTR program and act as liaison between the employer and the City.An Affected Employer with multiple sites may have one transportation coordinator for all sites; (2)Information Distribution.Information about alternatives to SOV commuting shall be provided to employees at least once a year.Each employer's program description and annual report must report the information to be distributed and the method of distribution; (3)Annual Progress Report.The CTR program must include an annual review of employee commuting and of progress and good faith efforts toward meeting the SOV reduction goals.Affected employers shall file an annual progress report with the City in accordance with the format established by the City.The report shall describe each of the CTR measures that were in effect for the previous year,the results of any commuter surveys undertaken during the year,and the number of employees participating in CTR programs.Within the report the employer should evaluate the effectiveness of the CTR program and if necessary,propose modifications to achieve the CTR goals.Survey information or approved alternative information must be provided in the year 2000,2002 and 2004 annual reports. SECTION 11.52.110 ADDITIONAL PROGRAM ELEMENTS The employer's CTR program shall include additional elements needed to meet CTR goals.Elements may include,but are not limited to,one or more of the following: (1)Provision of preferential parking or reduced parking charges,or both, for high-occupancy vehicles; (2)Instituting or increasing parking charges for SOVs; (3)Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips; (4)Provision of subsidies for transit fares; (5)Provision of vans for vanpools; (6)Provision of subsidies for carpools or vanpools; (7)Permitting the use of the employer's vehicles for carpooling or vanpooling; Imv/commute.ord (10/22/97)8 (8)Permitting flexible work schedules to facilitate employees'use of transit,carpools,or vanpools; (9)Cooperation with transportation providers to provide additional regular or express service to the worksite; (10)Construction of special loading and unloading facilities for transit, carpool,and vanpool users; (11)Provision of bicycle parking facilities,lockers,changing areas,and showers for employees who bicycle or walk to work; (12)Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; (13)Establishment of a program to permit employees to work part-or full- time at home or at an alternative worksite closer to their homes; (14)Establishment of a program of alternative work schedules,such as a compressed work week,which reduce commuting;and (15)Implementation of other measures designed to facilitate the use of high-occupancy vehicles,such as on-site day care facilities and guaranteed ride home services. SECTION 11.52.120 RECORD KEEPING Affected employers shall include a list of the records they will keep as part of the CTR program they submit to the City for approval.Employers will maintain all records listed in their CTR program for a minimum of 24 months.The City and the employer shall agree on the record-keeping requirements as part of the accepted CTR program. SECTION 11.52.130 CTR PROGRAM Not more than six months after the adoption of this ordinance,or within six months after an employer qualifies under the provisions of this ordinance,the employer shall develop a CTR program and shall submit to the City a written description of that program for review by the City. SECTION 11.52.140 CTR ANNUAL PROGRESS REPORTS Upon review of an employer's initial CTR program,the City shall establish the employer's annual reporting date,which shall not be less than 12 months from the day the program is submitted.Each year on the employer's reporting date,the employer shall submit to the City the annual CTR report. Imvlcommute.ord (10122/97)9 SECTION 11.52.150 DOCUMENT REVIEW The City shall provide the employer with written notification if a CTR program is deemed unacceptable.The notification must give cause for the rejection.If the employer does not receive written notification of extension of the review period for the CTR program or City comment on the CTR program or annual report within 90 days of submission,the employer's program or annual report is deemed accepted. The City may extend the review period up to 90 days.The implementation date for the employer's CTR program will be extended an equivalent number of days. SECTION 11.52.160 MODIFICATION OF CTR PROGRAM ELEMENTS Any Affected Employer may request modification of CTR program elements,other than the mandatory elements specified in this ordinance,including record-keeping requirements.Such request may be granted by the City 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. SECTION 11.52.170 EXTENSIONS (1) An Affected Employer may request an extension not to exceed 90 days to submit a CTR program or CTR annual progress report,or to implement or modify a program.Such requests shall be made in writing no less than 30 days before the due date for which the extension is being requested.Requests must be made by certified letter,return receipt requested.Extensions may be granted for the following causes: (a)There is insufficient staff to do the work; (b) The program is extraordinarily complex due to substantial work force,multiple worksites or other factors; (c)There are multiple employer participants on a single site and coordination of these employers has caused unanticipated delay; (d) Director. Any other reasonable cause as determined by the Planning (2) The City shall grant or deny the employer's extension request by certified letter,return receipt requested within 10 working days of receipt.If there is no response issued to the employer,an extension is automatically granted for 30 Imv/commute.ord (10/22/97)10 days.Extensions shall not exempt an employer from any responsibility in meeting 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 program elements.An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. SECTION 11.52.180 IMPLEMENTATION OF EMPLOYER'S CTR PROGRAM The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the City.Implementation of the approved program modifications will occur within 30 days of the final decision or 180 days from submission of the CTR program or CTR annual report,whichever is greater. SECTION 11.52.190 CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT EFFORTS (1)Leadership Certificate.As public recognition for their efforts, employers with VMT per employee and proportion of SOV trips lower than the zone average will receive a Commute Trip Reduction Certificate of Leadership from the City. (2)Credit For Programs Implemented Prior to the Base Year.Employers with successful transportation demand management (TDM)programs implemented prior to the 1998 base year may be eligible to apply for program exemption credit, which exempts them from most program requirements.When these employers apply for the program exemption credit in their initial 1998 CTR program descriptions,they shall be considered to have met the 1998 CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the final base year zone values.This three percent point credit applies only to the 1998 CTR goals. (3)Process to Apply for Program Exemption Credit.Affected employers may apply for program exemption credit for the results of past or current transportation demand management (TDM)efforts by applying to the City in their initial program description or as part of any other annual report.Application shall include results from a survey of employees,or equivalent information that establishes the applicant's VMT per employee and proportion of SOV trips.The surveyor equivalent information shall conform to all applicable standards established in guidelines issued by the State Commute Trip Reduction Task Force. SECTION 11.52.200 ENFORCEMENT (1)Compliance.For purposes of this section,compliance shall mean fully implementing all provisions in an accepted CTR program or meeting or exceeding VMT and SOV goals of this ordinance. Imv/commute.ord (10/22/97)11 (2)Program Modification Criteria.The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications: (a)If an employer meets either or both goals,the employer has satisfied the objective of the CTR plan and will not be required to modify the CTR program; (b) If an employer makes a good faith effort,as defined in RCW 70.94.534(2)and MMC 11.52.020,but has not met or is not likely to meet the applicable SaVor VMT goal,the City shall work collaboratively with the employer to make modifications to the CTR program.After agreeing on modifications,the employer shall submit a revised CTR program description to the City for approval within 30 days. (c)If an employer fails to make a good faith effort as defined in RCW 70.94.534(2)and MMC 11.52.020,and fails to meet the applicable SaVor VMT reduction goal,the City shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications.In response to the recommended modifications or equivalent measures,the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures,within 30 days of certified return receipt.The City shall review the revisions and notify 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 City within 10 working days of the conference. (3)Violations.The following constitute violations if the deadlines established in this ordinance are not met: (a) including: Failure to develop and/or submit on time a complete program, (i)Employers notified or that have identified themselves to the City as Affected Employers within 180 days of the ordinance being adopted and that do not submit a CTR program within 1 50 days from the notification or self-identification;or (ii)Affected Employers not identified or self-identified within 180 days of the ordinance being adopted and that do not submit or implement a CTR program within 180 days from the adoption of the ordinance; Imv/commute.ord (10/22/97)12 (b)Failure to make a good faith effort,as defined in RCW 70.94.534(2)or MMC 11.52.020;or (c) Failure to modify a CTR program as defined in 70.94.534(4)and this ordinance. SECTION 11.52.210 PENALTIES The following penalties apply: (1) No major employer may be held liable for failure to reach the applicable SOY or VMT goal; (2) Each day of failure to implement the CTR program shall constitute a separate violation.Any violation of this Chapter shall be a civil infraction subject to a maximum penalty of $250 and enforced in accordance with the provisions of Chapter 4.02MMC. (3) 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 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 state law (RCW 70.94.531). SECTION 11.52.220 EXEMPTIONS AND GOAL MODIFICATIONS (1)Worksite Exemptions.An Affected Employer may request an exemption from all CTR program requirements for a particular worksite.The employer must demonstrate that it would experience undue hardship in complying with the requirements of this ordinance as a result of the characteristics of its business,its work force,or its location(s).An exemption may be granted only if the Affected Employer demonstrates that it faces extraordinary circumstances,such as bankruptcy,and is unable to implement any measures that could reduce the proportion of SOY trips and VMT per employee.Exemptions may be granted by the City during the annual program review process.The City shall review annually all employers receiving exemptions,and shall determine whether the exemption will be in effect during the following program year. /mv/commute.ord (10/22/97)13 (2)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 CTR Task Force Guidelines to assess the validity of employee exemption requests.The City shall review annually all employee exemption requests,and shall determine whether the exemption will be in effect during the following program year. (3)Modifications of CTR Program Goals. (a) An affected employer may request that the City modify its CTR program goals.Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual 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 elements contained in its approved CTR program. (b) The City will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force guidelines. (c) An employer may not request a modification of the applicable goals until one year after the City approval of its initial program description and annual report. SECTION 11.52.230 APPEALS (1)Appeals.Any Affected Employer may appeal administrative decisions regarding exemptions,modification of goals or elements or modification of the affected employer's plans using the procedures set forth in Chapter 15.11 MMC used for appeals of administrative determinations on interpretations of land use regulations. (2)Notice of Violation and Assessment of Civil Penalties.Any person receiving a Notice of Violation and Assessment of Civil Penalties for violation of this chapter may appeal the same in accordance with the provisions set forth in Chapter 4.02 MMC. SECTION 11.52.240 SEVERABILITY If any section,subsection,sentence,clause,phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. /mv/commute.ord (1 O/22/97)14 ATTEST: BY~CiTYCLERK Approved as to form: By~KW»i) v CITY ATTORNEY Date of Publication:/0 /31 lei, Effective Date (5 days after publication):_---'--I--=--ic....L..--'-__ MAYOR Imv/commute.ord (10/22/97)15