HomeMy WebLinkAboutO-3047 - Related to CTR Repealing Ordinance No. 2746CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 Q tf f
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING CHAPTER 11.52 OF THE MARYSVILLE MUNICIPAL CODE
RELATING TO THE CITY'S COMMUTE TRIP REDUCTION (CTR) PLAN AND
REPEALING ORDINANCE NO. 2746.
WHEREAS, the City last updated its Commute Trip Reduction Ordinance in 2008; and
WHEREAS, the Washington State Legislature has passed amendments to the
Commute Trip Reduction Act -RCW 70.94 .521-555 since that time; and
WHEREAS, on September 26, 2014, the State Commute Trip Reduction board adopted
the State CTR Plan 2015 -2019 which includes new statewide program goals and targets,
and new options for local goals and targets; and
WHEREAS, Community Transit has requested that local jurisdictions adopt Commute
Trip Reduction Plans and Ordinances that are more uniform to allow for easier administration;
and
WHEREAS, the City's new Commute Trip Reduction Plan and Ordinance will allow for
easier administration of required commute trip reduction activities by affected employers
while providing enhanced reporting of compliance; and
WHEREAS, amendments to the City's Commute Trip Reduction Plan and Ordinance
have been made in accordance with the amendments to the Commute Trip Reduction Act and
State Commute Trip Reduction Plan 2015-2019; and
WHEREAS, the Marysville Planning Commission, after review of the proposed
Commute Trip Reduction (CTR) Plan and Ordinance, held a public workshop on November 2 2 ,
2016, and held a publi c hearing on December 13, 2016, and received testimony from staff
and other in terested parties following publi c notice; and
WHEREAS, the Planning Commission prepared and provided its written
recommendation that said proposed amendment be approved by the Marysville City Council;
and
WHEREAS, on January 9, 2017 the Marysville City Council reviewed the Planning
Commission's recommendation relating to the proposed Comprehensive Pl an amendment;
and
WHEREAS, the Marysville City Council has considered the Commute Tri p Reduction
(CTR) Plan and Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: Chapter 11.52 MMC, Commute Trip Reduction (CTR) Plan, is hereby
amended to read as foll ows:
Sections:
11 .52.010 Title.
11.52.020 Jurisdiction.
11.52.030 Purpose.
11.52.040 Administration.
11.52.050 Definitions.
11.52.060 City's CTR plan.
11.52.070 Responsible city agency.
11.52.080 Applicability -Timeline for compliance.
11.52.090 Requirements for employers.
11.52.100 Record keeping.
11.52.110 Schedule and process for CTR reports.
11.52.120 Enforcement.
11.52.130 Exemptions and goal modifications.
11.52.140 Appea ls.
11.52.150 Severability.
11.52.010 Title.
The ordinance codified in this chapter shall be known as the "Commute Trip Reduction
Ordinance" of the City of Marysville.
11.52.020 Jurisdiction.
The requirements set forth in this chapter shall apply to all major employers at any single
worksite within the city limits of the City of Marysville.
11.52.030 Purpose and Intent.
Th e purpose of this chapter is to comply with statewide Commute Trip Reduction Law of 1991
(RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended. Th e chapter
is intended to reduce the overall number of commute trips by reducing single-occupancy
vehicle trips and increasing the use of alternative modes of transportation or alternative work
schedules.
The Commute Trip Reduction Ordinance w ill not be used as a substitute for reviews of projects
under other city requirements or for compli ance with the State Environmental Policy Act.
11.52.040 Administration.
The Chief Administrative Officer or designee is responsible for administering the provisions of
this chapter and has the authority to promulgate rules and regulations to implement and
administer this chapter, the City's CTR plan, and the City's CTR program.
11.52.050 Definitions.
"Affected employee" means a full-time employee who begins their regu lar work day at a major
employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays
for at least twelve continuous months. For the purpose of defining affected employees the
following apply :
(1) A f ull-time employee is a person, other than an independent contractor, schedu led to be
employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours
per week on two or more weekdays per week.
(2) Th e employee will only be counted at his or her primary worksite.
(3) Seasonal agricultural employees, including seasonal employees of processors of
agricultural products, are excluded from the co unt of affected employees.
"Alternative mode of transportation" means any means of commute transportation other than
commuting in a single-occupant vehicle, including rideshares (carpool or vanpool), use of
transit, bicycling, or walking.
"Alternative work schedules" means work schedules which allow employees to work their
required hours outside of the traditional Monday through Friday, 8:00 a.m. to 5:00 p.m.
schedule, thereby all owing for a reduction of single-occupant vehicle commute trips. Examples
include compressed work weeks, flex-time, and teleworking.
"Baseline data collection" means the col lection of employee trip data at a major worksite to
determine the non-drive alone trips per employee at the worksite. The City uses these
measurements to develop commute trip reduction targets for the major employer. The
baseline measurements must be implemented in a manner that meets the requirements and
timeframe specified by the City.
"Carpool" means a motor vehicle occupied by at least two people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
"City" means the city of Marysville.
"Commute trip" means trips made from a worker's home to a worksite during the peak time
of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
"Commuter matching service" means a system that assists in matching commuters for the
purpose of commuting together, such as RideshareOnline.com.
"Compressed work week" means an alternative work sc hedule, 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 ten-hour days or eighty hours in nine days, but
may also include other arrangements.
"CTR law" means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and
codified in RCW 70.94.521 through 70.94 .5 51 requiring each county containing an urban
growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth
area with a state highway segment exceeding the one hundred person hours of del ay
threshold ca lcu lated by the department of transportation, as well as those co unties and cities
located in any contiguous urban growt h areas. Counties and cities within the designation
above shall adopt a commute trip reduction plan and ordinance for major employers w ithin
their jurisdictional boundaries.
"CTR plan" means the City's plan and ordinance to regulate and admi ni ster t he CTR programs
of major employers within th e City.
"CTR program" m ea ns an employer's strategies to increase affected employees' non-single
occupancy vehicle trips.
"Employer" means a sole proprietorship, partnership, corporation , unincorporated
association, cooperative, joint venture, agency, department, district, or other individual or
entity, whether public, nonprofit, or private, that employs workers.
"ETC" means employer transportation coordinator as required pursuant to RCW 70.94.531(3).
"Goals" means the est ablished criteria for measuring effectiveness of employer programs as
outlined in the City of Marysville CTR plan.
"Good faith effort" shall have the meaning provided in RCW 70.94.534(2), as now enacted or
subsequently amended.
"Implementation" means active pursuit by an empl oyer of the CTR goals of RCW 70.94.521
through 70.94.555, this chapter, and the CTR plan as evidenced by appointment of an ETC,
distribution of information t o employees regarding alternatives for non-drive alone
commuting, and commence ment of other measures according to its approved CTR program
and schedule.
"Major employer" means a private or public employer, incl uding state agencies, t hat employs
one hundred or more affected employees at a sin gle worksite w ho begin their regul ar workday
between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least twelve
continuous months.
"Major worksite" or "worksite" mea ns a building or group of buildings that are on physicall y
contiguous parcels of land or on parcels of land separat ed solely by private or public roadways
or rights-of-way, and at wh ich there are one hundred or more affected employees.
"Notice" means w ritten communication delivered via the United States Po stal Service with
re ceipt dee med accepted three days following the day on which the notice was deposited with
the postal service unl ess t he t hird day falls on a weekend or legal holiday in which case the
notice is deemed accepted the day after the weekend or legal holiday.
"Single-occupant vehicle (SOV)" means a motor vehi cle occupied by one employee for a
commute trip, in cluding a motorcycle. If there are other passengers occupying the motor
vehicles, but t he ages of these pa ssengers are under sixteen, the motor vehicle is still
considered a single-occupa nt vehicle for measurement pu rposes.
"Targ et" means a quantifiable or measurable va lue that is expressed as a desired level of
performance, against which actual achievement can be compared in order to assess progress,
such as increase in non-drive alone trips.
"Teleworking" means the use of telephones , computers, or other similar technology to permit
an employee to work anywhere at any time, eliminating a commute trip, or to work from a
work place close r to home, reduci ng 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 va npool.
"Vanpool" means a vehicle occupied by from five to fifteen people traveling togeth er f or their
commute trip that results in the reduction of a minimum of one motor vehi cle trip.
"Voluntary worksite" means the physical loca tion occupied by an employer that is voluntarily
implementing a CTR program.
"Week" means a seven-day ca lendar 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 written signed and dated documents
delivered v ia the United States Postal Service.
11.52.060 City's CTR plan.
The city's CTR plan, as approved in 2016 and adopted in 2017 and as set forth in the ordinance
cod ified in this chapter as Exhibit B, is adopted wholly and incorporated herein by reference.
11.52.070 Applicability -Timeline for compliance.
The provisions of this chapter shall apply to any "major employer" or voluntary worksite within
the city limits of the ci ty of Marysville.
(1) In addition t o city's established public notification for adoption of an ordinance, a notice
of availability of a summary of the ordinance codified in this chapter, a notice of the
requirements and criteria for major employers to comply with said ordinance, and subsequent
revisions shall be published at least once in city official newspaper not more than thirty days
after passage of said ordinance or revisions.
(2) Major employers with a major worksite located in the city are to receive written notification
that they are subject to this chapt er within thirty days. Such notice shall be addressed to the
company's chief executive officer, sen ior official, or CTR manager at the worksite. Th e major
employer shall perform baseline data co ll ection within ninety days of notification. After the
results of the baseline data are provided to the major em ployer, the major employer shall
submit a CTR program to the city within ninety days.
(3) Major employers that, fo r w hatever reason, do not receive notice within thirty days of
pa ssage of the ordinance codified in this chapter and are either notifi ed or identify themselves
to t he city within ninety days of the passage of said ordinance shall perform baseline data
col lection within ni nety days of notification or the major employer sha ll submit a CTR program
within ninety days of receipt of the baseli ne data results.
(4) New Major Employers. Employers that meet the definition of "major employer" in this
chapter must identify themselves to the ci ty within ninety days of either moving into a
worksite within the city limits of the city of Marysville or growing in employment at a worksite
to one hundred or more affected employees. Such employers shall complete baseline data
collection within ninety days of identification as a major employer and shall submit a CTR
program within ninety days of the baseline data results. The CTR program wi ll be developed
in consultation with the city and implemented not more than ninety days after the program's
approval. Major employers who do not implement an approved CTR program according to this
section are in violation of this chapter .
(5) Change in Status as a Major Employer. Any of the following changes in an employer's
status will change the employer's CTR program requirements:
(a) If an employer initially designated as a major employer no longer
employs one hundred or more affected employees and does not expect to
employ one hundred or more affected employees for the next twelve months,
that employer is no longer a major employer. It is the responsibility of the
employer to notify city that it is no longer a major employer.
(b) If the same employer returns to the level of one hundred or more affected
employees within the same twelve months, that employer wi ll be considered a
major employer for the entire twelve months and will be subject to the same
program requirements as other major employers.
( c) 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 a "voluntary"
employer, that employer sha ll be treated as a new major employer and will be
subject to the same program requirements as other new major employers.
11.52.080 Requirements for employers.
A major employer is required to make a good faith effort to develop and implement a CTR
program that will encourage its employees to increase in non-single vehicle commute trips.
The employer sha ll submit a description of its program to the city and provide quarterly
progress reports to the city on employee commuting and progress toward meeting the goals
and targets. The CTR program must include the mandatory elements as described below.
(1) CTR Program Description Requirements. The CTR program description presents the
strategies to be undertaken by an employer to achieve the program goals and targets stated
in the city's CTR plan . Employers are encouraged to consider innovative strategies and
combine program elements in a manner that will best suit their location, site characteri stics,
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.
At a minimum, the employer's description must include: (1) general description of the
employment worksite location, transportation characteristics, and surrounding services,
including unique conditions experienced by the employer or its employees; (2) number of
employees affected by the CTR program; (3) documentation of compli ance with the
mandatory CTR program elements (as described in subsection 2 of this section); (4)
description of the additional elements included in the CTR program (as described in subsection
2 of this section); and (5) schedule of implementation, assignment of responsibilities, and
commitment to provide appropriate resources.
(2) Mandatory Program Elements. Each employer's CTR program shall include the following
mandatory elements:
(a) Employee Transportation Coordinator. The employer shall designate an ETC
to administer the CTR program. The ETC and/or desig nee's name, location, and
contact information must be displayed prominently at each major worksite. The
ETC shall oversee all elements of the employer's CTR program and act as liaison
between the employer and city. The objective is to have an effective
transportation coordinator presence at each worksite; a major employer with
multiple sites may have one ETC for all sites.
(b) Information Distribution. Information about alternative modes of
transportation, other than commute trips in single-occupant vehicles, shall be
provided to employees at least twice a year. One of the items distributed must
be a description of the employer's worksite program. The employer's program
description and quarterly report must identify the information to be distributed
and the method of distribution.
(c) Quarterly Progress Report. Th e CTR program must include a quarterly
review of employee commuting and progress and good faith efforts toward
meeting the goals and targets as outlined in the CTR plan . Major employers
shall file a quarterly progress report with the city in accordance with the format
established by this chapter and consistent with the CTR board guid elines*. The
report shall describe each of the CTR measures that were in effect for the
previous quarter, and the number of employees participating in the CTR
program. Within the report, the employer should evaluate the effectiveness
of the CTR program and, if necessary, propose modifications to achieve the
worksite's CTR targets. The format of the report shall be provided by the city.
The employer should contact the city for the format of the report. *CTR
Guidelines can be found at www.wsdot.wa .gov/transit/CTR/law.htm
(d) Trip Data Measurement. Employers shall conduct a quarterly program data
evaluation as a means of determining worksite progress toward meeting CTR
targets.
(e) Annual Worksite Promotion of Employer CTR Program. Major employers will
hold at least one annual transportation fair or equivalent promotion which is
available to al l employees at each major worksite.
(f) ETC Training. ETCs will be required to attend an ETC basic training session
within six months of appointment.
(g) Employer Notification. Em ployers will be required to notify the city or
designee when there are proposed changes to their CTR program, changes
in ETC or contact information, and/or changes in number of employees at the
worksite.
(h) ETC Networking/Advanced Training. ETCs will be required to attend at least
six hours of networking or advanced training per year. Training and networking
sessions may include marketing CTR programs to employees, trip planning,
ridesharing, joint promotions and networking meetings.
(i) Additional Program Elements. In addition to the specific program elements
described above, the employer's CTR program shall include additional elements
as needed to meet CTR goals and targets. Elements may include, but are not
limited to, one or more of the foll owin g:
(i) Provision of preferential parking or reduced parking charges, or both,
for rideshare vehicles (carpool or vanpool);
(ii) Instituting or increasing parking charges for single-occupant
vehicles;
(iii) Provision of commuter matching services to faci litate employee
ride-sharing for commute trips;
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for van pools;
(vi) Provision of subsidies for carpools or vanpools;
(vii) Permitting the use of the employer's vehicles for carpooling or
vanpooling;
(viii) Permitting alternative work schedules to facilitate employees' use
of transit, carpools, or van pools;
(ix) Cooperation with transportation providers to provide additional
regular or express service to the worksite;
(x) Provision of bicycle parking facilities, lockers, changing areas, and
showers for employees who bicycle or walk to work;
(xi) Provision of a program of parking incentives such as a rebate for
employees who do not use the parking facilities;
(xii) Establishment of a program to permit employees to work part-or
full-time at home or at an alternative worksite closer to their homes;
(xiii) Establishment of a program of alternative work schedules, such as
a compressed work week which reduces commuting; and
(xiv) Implementation of other measures designed to faci litate the use of
high-occupancy vehicles, such as on-site daycare facilities and
emergency taxi services.
11.52.090 Record keeping.
Major 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 forty-eight months. The city and the employer shall agree on the
record keeping requirements as part of the accepted CTR program.
11.52.100 Schedule and process for CTR reports.
(1) CTR Pro gram. Not more than ninety days after the adoption of the ordinance codified in
this chapter, or within ninety days after an empl oyer qualifies under the provisions of this
chapt er as a major employer, the employer will be given ninety days to complete baseline
data co ll ection, and an additiona l ninety days to submit a CTR program once the baseline data
results are given to the employer. The CTR program will be developed in consultation with
the city and implemented not more than ninety days after the program 's approval by th e city.
Employers who do not implement an approved CTR program according to this section are in
violation of this chapter.
(2) Document Review. The city shall provide the employer with written notifi cation if a CTR
program is deemed unacceptable. The notification must give cause for any rejection . The
employe r shal l have thirty days to res ubmit a mod ified program. If the employer receives no
written notification of extension of the review period of its CTR program or comments on the
CTR program or quarterly report within ninety days of submission, the employer's program
or quarterly report is deemed accepted. Th e city may extend the review period up to ninety
days. The implementation date for the employer's CTR program will be extended an equivalent
number of days.
(3) CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR program, the
employer shall submit quarterly reports on the dates req uested from the city, no less than
ninety days after program approval.
(4) Modification of CTR Program El ements. Any major employer may submit a request to the
city to modify a CTR program element, other than the mandatory elements specified in this
chapter, including record keeping requirements. Su ch requests may be granted if one of the
following conditions exist :
(a) The employer can demonstrate it would be unable to comply with the CTR
program elements for reasons beyond the control of the employer; or
(b) The employer can demonstrat e that compliance with the program elements
would constitute an undue hardship.
(5) Extensions. An employer may request additional time to submit a CTR program or CTR
report, or to implement or modify a program. Such requests shall be via written notice at
least ten working days before the due date for w hich the extension is being requested.
Extensions not to exceed ninety days shall be considered for reasonable ca uses. The city sha ll
grant or deny the employer's ext ension req uest by written notice within ten working days of
its receipt of the extension request. If there is no response issued to the employer, an
extension is aut omatica lly granted for thirty days. Extensions shal l not exempt an employer
from any responsibility in meeting progra m goals and targets. 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 reporting date shall not be
adjusted permanen tly as a result of these extensions. An employer's reporting date may be
extended at the discretion of the city.
(6) Implementation of Employer's CTR Program . The employer shall implement its approved
CTR program not more than ninety days after the program was first submitted to t he ci t y.
Implementation of the approved program modifications sha ll begin within thirty days of the
final decision or ninety days from submission of the CTR program or CTR quarterly report,
w hichever is greater .
11.52.110 Enforcement.
(1) Compliance. For purposes of this section, compliance shall mean fully implementing in
good faith all provisions in an approved CTR program.
(2) Program Modification Criteria. The following criteria for achieving targets for non-drive
alone trips per employee shall be applied to determine requirements for employer CTR
program modifications:
(a) If an employer makes a good faith effort and meets either or both targets,
the employer has satisfied the objectives of the CTR plan and will not be
required to modify its CTR program.
(b) If an employer makes a good faith effort but has not met or is not likely
to meet the applicable targets, the city shall work col laboratively with
the employer to make modifications to its CTR program. After agreeing on
modifications, the employer shall submit a revised CTR program description to
the city for approval within thirty days of reaching agreement.
(c) If an employer fails to make a good faith effort and fails to meet the
applicable targets, 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 thirty days to incorporate the modifications. In
response to the recommended modifications, the employer sha ll submit a
revised CTR program description, including the requested modifications or
equivalent measures, within thirty days of receiving written notice to revise its
program. The city shall review the revisions and notify the employer of
acceptance or rejection of the revised program. If a revised program is not
accepted, the city will send written notice to that effect to the employer within
thirty 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 ten working days of the conference.
(3) Violations. The following constitute v iolations if the deadlines established in this chapter
are not met:
(a) Failure to self-identify as a major employer within the timeframes
indicated in the Applicability-Timeline for compliance section above;
(b) Failure to perform a baseline data collection including:
(i) Employers notified or that have identified themselves to the city
within ninety days of the ordinance codified in this chapter being
adopted and that do not perform baseline data collection consistent
with the requirements specified by the city within ninety days from the
notification or self-identification;
(ii) Employers not identified or self-identified within ninety days of the
ordinance codified in this chapter being adopted and that do not perform
baseline data collection consistent with the requirements specified by
the city within ninety days from the adoption of the ordinance codifi ed
by this chapter;
(4) Penalties.
(iii) A new major employer that does not perform baseline data
collection consistent with the requirements specified by the city within
ninety days of identification as a major employer;
(c) 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 the goals and targets as specified in this chapter;
(d) Submission of false or fraudulent data in response to data co llection
requirements;
(e) Failure to make a good faith effort; or
(f) Failure to revise a CTR program as defined in RCW 70.94.534(4).
(a) No major employer with an approved CTR program which has made a
good faith effort may be held liable for failure to reach the applicable goals and
targets;
(b) Each day that a major employer fails to implement the program shall
constitute a separate Class 1 civil infraction as described in Chapter 7.80 RCW.
The penalties and assessments for a Class 1 civil infraction shall be as set by
state law. Base penalties shall be as set forth in RCW 7.80.120, as now enacted
or subsequently amended.
(c) A major 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 co llective 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:
(i) 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
(ii) Advise the union of the existence of the statute and the mandates
of the CTR program approved by city and advise the union that the
proposal being made is necessary for compliance with state law (RCW
70.94.531).
11.52.120 Exemptions and target modifications.
(1) Worksite Exemptions. A major employer may request the city to grant an exemption from
all CTR program requirements or penalties for a particular worksite. The employer must
demonstrate that it would experience undue hardship in comply ing with the requirements of
this chapter as a result of the characteristics of its business, its work force, or its locations.
An exemption may be granted if and on ly if the major employer demonstrates that it faces
extraordinary circumstances, such as bankruptcy, and is unable to implement any measures
of the approved CTR plan. Exemptions may be granted by the city at any time based on
written notice provided by the major employer. The notice should clearly expla in the
conditions for which the major employer is seeking an exemption from the requirements of
the CTR prog ram . The city sha ll review annuall y all employers receiving exemptions, and shall
determine whether the exemption w ill be in effect during the following program year.
(2) Employee Exemptions. Specific employees or groups of employees who are required to
drive alone to work as a cond ition 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. Th e city will use the criteria
identified in the CTR board guidelines* to assess the va li dity of employee exemption req uests.
The city shall review annually all employee exemption requests, and shall determine whether
the exemption wil l be in effect during the following program year. *CTR Guidelines can be
found at www.wsdot.wa .gov/transit/CTR/law.htm
(3) Modification of CTR Program Targets. A major employer may request that the city mod ify
its CTR program targets. Su ch requests shall be filed in writing prior to the date the worksite
is required to submit its program description or quarterly report. The target modification
request must clea rly explain why the worksite is unabl e to achieve the applicable target . Th e
worksite must also demonstrate that it has implemented all of the elements co ntain ed in its
approved CTR program.
The city will review and grant or deny requests for target modifications in accordance with
procedures and criteria id entified in the CTR board guidelines. An employer may not req uest
a modification of the applicable targets until one yea r after the city approval of its initial
program description or report.
11.52.130 Appeals.
(1) Appeals . Any major employer may appeal ad m inistrative decisions regarding exemptions,
modification of goals or elements, or modification of the major employer's plans using the
procedures set forth in Chapter 22G.010 MMC, Article VIII, used for appeals of administrative
determinations on interpretations of land use reg ul ations.
(2) Notice of Violation and Assessment of Civil Penalties. Any person receiving a notice of
violation and assessment of civil penalties for violation of thi s cha pter may appeal the same
in accorda nce with the provisions set forth in Ch apter 4.02 MMC.
11.52.140 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter 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 co nstitutionality of any other section,
su bsection, sentence, cla use, phrase or word of this chapter.
Section 2 : Ordinance No. 2746 is hereby repealed for the reason that it is replaced
by this Ordinance.
Section 3 : Severability. If any section, subsection, sentence, clause, phrase or
word of this ordinan ce should be held to be inva lid or unconstitutional by a court of competent
j urisd icti on, 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 .
PASSED by the City Council and APPROVED by the Mayor this _!J__ day of
JMuAfty , 2017.
CITY OF MARYSVILLE
By:
JON ,HRING, MAYOR
By ' 7tL Attest:~~
AP~O RIEN/DEPUTY CITY CLERK
Approved as to form:
By:
N WA KER, CITY ATTORNEY
Date of Publication: \/ii /11
Effective Date:
(5 days after publication)
EXISTING CTR ORDINANCE TO BE REPEALED
Sections:
Chapter 11.52
COMMUTE TRIP REDUCTION (CTR) PLAN
11.52 010 Purpose.
11 52 020 Definitions.
11.52.030 Marysville commute trip reduction (CTR) plan.
11.52 035 CTR goals.
11 .52.040 Responsible city department.
11 52 050 Applicability.
11.52.060 New major employers.
11 .52.070 Change in status as a major employer.
11.52.080 General requirements for employers.
11.52.090 CTR program description requirements.
11.52.100 Mandatory CTR program elements.
11.52.110 Additional CTR program elements.
11 .52.120 Record keeping.
11 .52.130 CTR program submittal.
11 .52.140 Annual CTR reports.
11.52.150 Document review.
11.52.160 Modification of CTR program elements.
11.52.170 Extensions.
11 .52.180 Implementation of employer's CTR program.
11 .52.200 Enforcement.
11.52.210 Penalties.
11.52.220 Exemptions and goal modifications.
11.52.230 Appeals.
11.52.240 Severability.
11 .52.01 O Purp()~e.'.~ s~A~E .
The purpose of this chapter is to provide a method for compliance with the Washington State Commute Trip
Reduction Law of 1991 (RCW 70.94.521 through 70.94.555), as amended in 2006 by the Commute Trip
Reduction Efficiency Act. The Commute Trip Reduction Law was passed to reduce traffic congestion, air
pollution, and dependency on fossil fuels through employer-based programs encouraging alternative commute
methods to the single-occupancy vehicle. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
11.52.020 Definitions.:o _ sHRRE
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 major employer
worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays, for at least 12 continuous
months, which employee is not an independent contractor and is scheduled to be employed on a continuous
basis for 52 weeks for an average of at least 35 hours per week.
"Affected urban growth area" means:
(1) An urban growth area, designated pursuant to RCW 36 .70A.110, whose boundaries contain a state
highway segment exceeding the 100 person hours of delay threshold calculated by the Washington State
Department of Transportation, and any contiguous urban growth areas; and
(2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population
over 70,000 that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban
growth areas; or
(3) An urban growth area identified by the Washington State Department of Transportation as listed in WAC
468-63-020(2)(b).
"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" means work schedules that allow employees to work their required hours outside
of the traditional Monday through Friday, 8:00 a.m. to 5 00 p.m. schedule, including programs such as
compressed work weeks that el iminate work trips for affected employees.
"Base year" means the 12-month period that commences when the city of Marysville determines an employer is
required to comply with the CTR Law.
"Base year survey" or "baseline measurement" means the survey, during the base year, of employees at a
major employer worksite to determine the drive-alone rate and vehicle miles traveled pe r employee at the
worksite. The city uses this measurement to develop commute trip reduction goals for the major employer. The
baseline measurements must be implemented in a manner that meets the requirements specified by the city.
"Carpool" means a motor vehicle occupied by at least two people traveling together for their commute trip,
which results in the reduction of a minimum of one motor vehicle commute trip.
"City" means the city of Marysville.
"Commute trip" means a trip made from a worker's home to a worksite during the peak period of 6:00 a.m. to
9:00 a.m. on weekdays.
"Commute trip reduction (CTR) plan" means the city's plan and ordinance that regulate and administer the CTR
program of a major employer within the city's jurisdiction.
"CTR commuter" means a resident or employee in an affected urban growth area who is participating in the
city's commute trip reduction program, including any growth and transportation and efficiency center programs,
implemented to meet the city's established targets.
"CTR Law" means the Commute Trip Reduction Law passed by the Washington State Legislature in 1991
(Chapter 202 , Laws of 1991), codified in RCW 70.94.521 through 70.94.555, and amended in 1997 and 2006,
requiring counties of over 150,000 residents, with one or more major employers, to implement a CTR ordinance
and plan. All cities in such counties with one or more major employers are also required to adopt CTR
ordinances and plans.
"CTR program" means an employer's strategies to reduce affected employees' SOV use and commute trip
vehicle miles traveled per employee (VMT).
"Commute trip vehicle miles traveled per employee (VMT)" means the sum of the individual commute trip
lengths in miles over a set period divided by the number of full-time employees.
"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 10-hour days or 80 hours
in nine days, but may also include other arrangements. Compressed work weeks are understood to be an
ongoing arrangement.
"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.
"Drive-alone" means a single-occupant vehicle.
"Employee transportation coordinator (ETC)" means a person who is designated as responsible for the
development, implementation, and monitoring of an employer's CTR program.
"Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint
venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that
employs workers.
"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.
"Goal" means a purpose toward which efforts are directed.
"Good faith effort" means that an employer has met the minimum requirements identified in RCW 70.94 .531
and this chapter, 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.
"Growth and transportation efficiency center (GTEC)" means a defined, compact mixed-use urban center that
contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a GTEC
must meet minimum criteria established by the CTR Board under RCW 70.94.537, and must be certified by a
regional transportation planning organization as established in RCW 47.80.020.
"Implementation" means active pursuit by an employer toward the goals of this chapter as evidenced by
appointment of a transportation coordinator, and commencement of other measures according to their CTR
program and schedule.
"Jurisdiction's base year measurement" means the proportion of single-occupant vehicle commute trips by CTR
commuters, and commute trip vehicle miles traveled per CTR commuter, on which commute trip reduction
targets for the local jurisdiction shall be based. The jurisdiction's base year measurement, for those jurisdictions
with an affected urban growth area as of March 1, 2007, shall be determined based on employee surveys
administered in the 2006-2007 survey cycle. If complete employee survey data from the 2006-2007 survey
cycle is not available, then the base year measurement shall be calculated from the most recent and available
set of complete employee survey data.
"Major employer" (formerly referred to as "affected employer") means a private or public employer, including a
state agency, that employs 100 or more full-time employees at a single worksite who begin their regular
workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least 12 months.
"Major worksite" means a building or group of buildings that are on physically contiguous parcels of land, or on
parcels of land separated solely by private or public roadways or rights-of-way, and at which there are 100 or
more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for
at least 12 continuous months.
"Mode" means the type of transportation reduction used by employees, such as single-occupant motor vehicle,
ride-share vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and
telecommuting.
"Notice" means written communication delivered via the United States Postal Service with receipt deemed
accepted three days following the day on which the notice was deposited with the Postal Service, unless the
third day falls on a weekend or legal holiday, in which case the notice is deemed accepted the day after the
weekend or legal holiday.
"Peak period" means the hours from 6:00 a.m. to 9:00 a.m., 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., Monday through Friday, except legal holidays.
"Person hours of delay" means the daily person hours of delay per mile during the peak period of 6:00 a.m. to
9:00 a.m., as calculated using the best available methodology by the Washington State Department of
Transportation.
"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. If there are other passengers occupying the motor vehicle, but the ages of these
passengers are 16 or under, the motor vehicle is still considered a "single-occupant vehicle" for measurement
purposes.
"Single-occupant vehicle (SOV) trips" means trips made by affected employees in SOVs.
"Target" means a quantifiable or measurable value that is expressed as a desired level of performance, against
which actual achievement can be compared in order to assess progress.
"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 workplace 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.
"Transportation demand management (TOM)" means a broad range of strategies that are primarily intended to
reduce and reshape demand on the transportation system.
"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 15 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.
"Voluntary employer worksite" means the physical location occupied by an employer that is voluntarily
implementing a CTR program.
"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. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997) .
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The Marysville CTR plan, as updated in 2008 and set forth in the ordinance codified in this chapter, is adopted
wholly and incorporated herein by reference and enacted as the Marysville commute trip reduction plan . (Ord.
2746§1 , 2008; Ord. 2152 § 1, 1997) .
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The goals for reducing Marysville's proportion of drive-alone vehicle trips and commute trip vehicle miles
traveled per employee are established in the Marysville CTR plan as set forth in the ordinance codified in this
chapter. The city will set the individual worksite goals for major employers based on how the worksite can
contribute to the city's overall goal established in the CTR plan. (Ord . 2746 § 1, 2008) .
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The community development director is hereby authorized and directed to enforce all the provisions of this
chapter. The community development director may prepare and require the use of such forms and procedures
as are essential to the administration of this chapter. (Ord. 2746 § 1, 2008; Ord . 2152 § 1, 1997) .
. 11 .:?.~.:9?9 .. AppliC:.C1l:>ility,l9~··s~~~£;~~-:,
The provisions of thi s chapter shall apply to all major employers within the co rporate limits of the city of
Marysville.
(1) In addition to Marysville's established public notification for adoption of an ordinance, a notice of availability
of a summary of this chapter, a notice of the requirements and criteria for major employers to comply with this
chapter, and subsequent ordinance revisions shall be published at least once in Marysville's official newspaper
not more than 30 days after passage of the ordinance codified in th is chapter;
(2) Major employers located in the city shall receive written notification that they are subject to this chapter,
within 30 days of passage of the ordinance codified in this chapter. 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. Such notification shall provide 90 days for the major employer to perform a baseline survey. After the
results of the baseline survey are provided to the major employer, it has 90 days to submit a CTR program to
the city;
(3) Major employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance
codified in this chapter, and are either notified or identify themselves to the city within 90 days of the passage of
the ordinance, will be granted an extension to assure the employers have up to 90 days within which to perform
a baseline survey. After the results of the baseline survey are provided to the major employer, they have 90
days to submit a CTR program to the city;
(4) Major employers that have not been identified or do not identify themselves within 90 days, do not complete
a baseline survey within 90 days, or do not submit a CTR program within 180 days of the passage of the
ordinance codified in this chapter are in violation of this chapter;
(5) If a major employer has already performed a baseline survey, the major employer is not required to perform
another survey and is required to submit a CTR plan to the city within 90 days of the passage of the ordinance
codified in this chapter. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
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(1) Employers that meet the definition of "major employer" in this chapter must identify themselves to the city
within 90 days of either moving into the boundaries of Marysville or growing in employment at a worksite to 100
or more affected employees. Such employers shall be given 90 days to complete a baseline survey, and an
additional 90 days to submit a CTR program, once the baseline survey results are given to the employer. The
CTR program will be developed in consultation with the city and implemented no more than 90 days after the
program's approval. Employers who do not implement an approved CTR program according to this section are
in violation of this chapter.
(2) Employers that do not identify themselves within 90 days of becoming an affected employer are in violation
of this chapter.
(3) New major employers shall have four years from the city's acceptance of the CTR program to meet the CTR
reduction goal of 10 percent. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
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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 a major employer no longer employs 100 or more affected employees,
and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer
a major employeL It is the responsibility of the employer to notify the city that it is no longer a major employer;
(2) If the same employer returns to the level of 100 or more affected employees within the same 12 months,
that employer will be considered a major employer for the entire 12 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 major
employers; and
(3) If the same employer returns to the level of 100 or more affected employees 12 or more months after its
change in status to an "unaffected" employer, that employer shall be treated as a new major employer, and will
be subject to the same program requirements as other new major employers. (Ord. 2746 § 1, 2008; Ord . 2152
§ 1, 1997).
~ ~ §?'.9~9 ~e.11e.t(ll r.e..91J.if.e.'!1-e.11~~-f()f. e.f!lpl()ye.~~)~. SHARE _j
A major 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 drive-alone commute
trips and commute trip vehicle miles traveled per employee. 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. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
11 '.5.?'.9~9 C:::T'3 .. Pf()9r.Cl.'!1-.~.e..~.~-rip~i()ll r.e.q!J.ire.rne.n,t~}~···· S,HA~E .
(1) The CTR program description shall present the strategies to be undertaken by a major employer to achieve
the commute trip reduction goals. The goal is currently 10 percent reduction in the base year measurement by
the year 2011 . 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 CTR program 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. (Ord. 2746 § 1, 2008; Ord . 2152 § 1, 1997).
11 '.?~'.199 l\llClll.cJCl!C>r.Y ~!.~ Pr.<?9.r.Cl.rl1 e.1e.rl1~1"1t!i:l~.--.~~-~-~-~---·.
Each employer's CTR program shall include the following mandatory elements:
(1) Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation
coordinator to administer the CTR program. The ETC's and/or designee's name, location, and telephone
number must be displayed prominently at each affected worksite. The ETC shall be trained in CTR program
development and administration through a program approved by the city. The ETC shall attend annual ETC
training and a minimum of six hours of other training or network meetings annually, or as organized by the city.
The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer
and the city. The objective is to have an effective ETC presence at each worksite; a major employer with
multiple sites may have one ETC for all sites.
(2) Information Distribution. Information about alternatives to drive-alone commuting shall be provided to
employees at least twice a year. Each employer's program description and annual report must report the
information to be distributed and the method of distribution.
(3) Annual or Biennial Progress Report. The CTR program must include an annual or biennial review of
employee commuting and of progress and good faith efforts toward meeting the SOV and VMT reduction goals.
Determination of annual or biennial reporting requirement is dependent on worksite commute trip reduction
performance, and the city will advise the major employer of required report frequency. Major employers shall
file an annual or biennial progress report with the city in accordance with the format established by this chapter
and consistent with the CTR task force guidelines. The report shall describe each of the CTR measures that
were in effect for the previous year(s), the results of any commuter surveys undertaken during the year(s), 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 every two years after implementation begins.
The employer should contact the city for the format of the report.
(4) Biennial Survey or Measurement. In addition to the specific program baseline measurement, employers
shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals.
As part of the program evaluation , the employer shall distribute and collect commute trip reduction program
employee questionnaires (surveys) at least once every two years and shall achieve a 70 percent response rate
from employees at the worksite. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997) .
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In addition to the specific program elements described in MMC 11 .52.100, the employer's CTR program shall
include additional elements as 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;
(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 van pool 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-time 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;
(15) Promotional activities for ride-sharing and transit, as well as fixed commuter information centers;
(16) Guaranteed rides in emergency situations for ride-share participants;
(17) Reduction of parking provided in accordance with the Marysville Zoning Code;
(18) Charging employees for parking and/or the elimination of free parking; and
(19) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as
on-site day care facilities. (Ord . 2746 § 1, 2008; Ord. 2152 § 1, 1997).
Major employers shall include a list of the records they will keep as part of the CTR program they submit to the
city for approval. Records shall reflect the measures selected by the employer. For example, an employer
providing transit and van pool pass subsidies shall keep monthly records of pass sales; employers with parking
charges and reduced rates for carpools and vanpools shall record parking pass sales by type. Employers will
maintain all records listed in their CTR program for a minimum of 48 months. The city and the employer shall
agree on the record keeping requirements as part of the accepted CTR program. (Ord. 2746 § 1, 2008; Ord.
2152 § 1, 1997).
11 '.5.?.'.~ ~g ~T~_.pr99r()rl1 !5.IJ.~rl1i~(ll.l~~S,.~.~-~-~-·-··.
Not more than six months after the adoption of the ordinance codified in this chapter, or within six months after
an employer qualifies under the provisions of this chapter, the employer shall develop a CTR program and shall
submit to the city a written description of that program for review by the city. (Ord . 2746 § 1, 2008; Ord. 2152 §
1, 1997).
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. (Ord. 2746 § 1, 2008; Ord . 2152 §
1,1997).
11.52.150 Document review.lO ·SHARE _l
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. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
Any major employer may request that the city allow for the modification of CTR program elements, other than
the mandatory elements specified in this chapter, including record keeping requirements. Such request may be
granted by the city if one of the following conditions exist:
(1) The employer can demonstrate that 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.
The city may require the employer to substitute a program element of similar trip reduction potential rather than
grant the employer's request. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
11 52 170 E t . !C SHARE _j . . x ens1ons ........................... ·~-·
(1) An affected employer may request additional time to submit a CTR program or CTR annual progress report,
or to implement or modify a program. Such requests shall be made in writing at least 30 days before the due
date for which the extension is being requested. Extensions, not to exceed 90 days, shall be considered for
reasonable cause shown.
(2) The city shall grant or deny the employer's extension request in writing within 10 working days of receipt. If
there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions
shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to
delays or difficulties with any program elements 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. An employer's annual reporting date may be extended at the discretion of the community
development director. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
Unless extensions are granted, the employer shall implement its approved CTR program not more than 90
days after receiving written notice from the city that the program has been approved or with the expiration of
the program review period without receiving notice from the city. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).
11.52.200 Enforcement..?_ SHARE _ ~l ............................................ ........................ . ............ .
(1) Compliance. For purposes of this section, "compliance" shall mean fully implementing, in good faith, all
provisions in an approved CTR program.
(2) Program Modification Criteria. The following criteria for achieving goals for VMT per employee and
proportion of drive-alone trips shall be applied in determining requirements for employer CTR program
modifications:
(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 its 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 drive-alone or VMT goal, the
city shall work collaboratively with the employer to make modifications to its CTR program. After
agreeing on modifications, the employer shall submit a revised CTR program description to the
city for approval within 30 days of reaching agreement;
(c) If an employer fa ils 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 drive-alone 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 receiving written notice to revise its program. The city shall review
the revisions and notify the employer of acceptance or rejection of the revised program. If a
revised program is not accepted, the city will send the employer written notice of that effect
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 and/or other requirements established in this
chapter are not met:
(a) Failure to develop and/or submit on time a complete CTR program;
(b) 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 drive-alone
goals as specified in this chapter;
(c) Submission of false or fraudulent data in response to survey requirements;
(d) Failure to make a good faith effort, as defined in RCW 70.94.534(2) or MMC 11.52.020, to
achieve the goals outlined in RCW 70.94.527(4), MMC 11 .52.080, and this chapter; or
(e) Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter. (Ord.
2746 § 1, 2008; Ord. 2152 § 1, 1997).
11.52.210 Penalties"'O SHARE
The following penalties apply:
(1) No major employer with an approved CTR program that has made a good faith effort may be held liable for
failure to reach the applicable drive-alone or VMT goal;
(2) Each day of failure to implement the CTR program shall constitute a separate violation, subject to penalties
as described in Chapter 4 02 MMC and consistent with Chapter 7.80 RCW;
(3) A major 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 ). (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997) .
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(1) Worksite Exemptions. A major employer may request the city to grant 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 chapter as a result of the characteristics of its business, its
workforce, or its location(s). An exemption may be granted if and only if the major employer demonstrates that
it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could
reduce the proportion of drive-alone trips and VMT per employee. Exemptions may be granted by the city at
any time based on written notice provided by the major employer. The notice should clearly explain the
conditions for which the major employer is seeking an exemption from the requirements of the CTR program.
The city shall review annually all employers receiving exemptions, and shall determine whether the exemption
will be in effect during the following program year.
(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 Board Guidelines to assess the validity of
employee exemption requests. The city shall review annually all employee exemption requests, and shall
determine whether the exemption be in effect during the following program year.
(3) Modifications of CTR Program Goals.
(a) A major 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 Board 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 or annual report. (Ord. 2746 § 1, 2008; Ord. 2152
§ 1, 1997).
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(1) Appeals. Any major employer may appeal administrative decisions regarding exemptions, modification of
goals or elements, or modification of the major employer's plans using the procedures set forth in Chapter
22G.010 MMC, Article VI II, 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. (Ord. 2746 § 1, 2008; Ord . 2152 § 1, 1997).
J ~ '.~?'.?4~ ?~Y~~(;ll?ili!Y: ~-:::~H~RE .
If any section, subsection, sentence, clause, phrase or word of this chapter 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
chapter. (Ord. 2746 § 1, 2008; Ord . 2152 § 1, 1997).