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Ordinance 29130006.90000 CAM /WSS /lfs /are 01/20/93 ORDINANCE NO. 2913 AN' ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING EDMOND'S COMMUTE TRIP REDUCTION (CTR) PLAN AND IMPLEMENTING MEASURES AS REQUIRED BY RCW 70.94.527 BY ADDING A NEW CHAPTER 17.95 TO THE EDMONDS COMMUNITY DEVELOPMENT CODE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, increases in the amount and rate of urban growth within the City of Edmonds have directly contributed to higher levels of traffic congestion and delay; and WHEREAS, the public's health, safety and welfare are threatened by increases in vehicular travel and petroleum fuel consumption that negatively impact traffic safety, air quality and neighborhood noise levels; and WHEREAS, traffic congestion and delay harm the City's economy by impeding the delivery of goods and services and causing working hours to be lost; and WHEREAS, the Legislature has enacted the Commute Trip Reduction Law (RCW 70.94.521 -551) which requires the City in 1992 to establish commute trip reduction plans that require affected employers to prepare commute trip reduction programs for their employees; and WHEREAS, the 1990 Growth Management Act requires the City to implement Transportation Demand Management measures (TDM) as -1- part of the transportation element of its comprehensive plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 17.95 is added to the Edmonds Community Development Code, to read.as follows: Chapter 17.95 COMMUTE TRIP REDUCTION PLAN 17.95.010 ADMINISTRATION 1. Title. This ordinance shall be known as the "Commute Trip Reduction Ordinance of the City of Edmonds," and the requirements set forth in this ordinance are applicable to all affected employers defined herein. 2. Jurisdiction. These regulations shall apply to all affected employers within the incorporated area of the City of Edmonds. 3. Purpose. The Purpose of this ordinance is to provide a method for compliance with the'Statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521- 551), Chapter 202, Laws of 1991. The Commute Trip Reduction Ordinance shall not be used as a substitute for reviews of projects under City requirements for compliance with the State Environmental Policy Act (SEPA). 4. Administration. The Director of the Community Services Department or his /her designee shall have the duty and responsibility of administering the provisions of this ordinance with the authority to promulgate rules and regulations to implement and administer this ordinance. The Community Services Department shall work with other departments to develop and implement an administrative process for enforcing this ordinance. 5. Definitions. For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: Affected Employee: A full -time employee who begins his or her regular work day at -2- CAMM0.1 a single work site between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months. Full -time employee: A person other than an independent contractor, scheduled to be employed on a continuous basis for fifty -two (52) weeks for an average of at ' least thirty -five (35) hours per week. The employee will only be counted at his or her primary work site. Seasonal agricultural employees, including seasonal employees of processors of agricultural products are excluded from the count of affected employees. Affected Employer: An employer that employs one hundred (100) or more full - time employees at a single work site who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more.weekdays for at least twelve (12) continuous months. Construction work sites, when the expected duration of the construction is less than two years, are excluded from this definition. (Also see definition of Employer.) Alternative Mode: 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: Work schedules which allow employees to work their required hours outside of the traditional Monday- Friday, 8:00 a.m. - 5:00 p.m. schedule. Programs such as compressed work weeks that eliminate work trips for affected employees are an example. Base Year: The period from January 1, 1992 through December 31, 1992 on which goals for vehicle miles traveled (VMT) per employee and proportion of single - occupant vehicle (SOV) trips shall be based. -3- cna7880.1 Carpool: A motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. Commute Trips: Trips made from a worker's home to a work site with a regularly scheduled work start time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. CTR Guidelines: A document prepared in 1992 (subject to revision) by the State- wide- Commute Trip Reduction Task Force. The document includes guidelines for preparing plans and ordinances, as well as model programs and data from work sites across the country. CTR Law: A law passed in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 -551 requiring counties of over 150,000 residents, with one or more affected employers to implement a CTR ordinance and plan. All cities in such counties with one or more affected employers are also required to adopt CTR ordinances and plans. CTR Plan: City of Edmonds' Plan and Ordinance to regulate and administer the CTR programs of affected employers within its jurisdiction. CTR Program: An employer's strategies to reduce affected employees' SOV use and VMT per employee. CTR Zone: One (1) of three (3) areas, 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. City of Edmonds and parts of unincorporated Snohomish County have been -4- cAM7ss0.1 combined to form one zone, known as the Southwest Zone. Commuter Matching Services: A system that assists in matching commuters for the purpose of commuting together. Compressed Work Week: 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 (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. Custom Bus /Buspool: A commuter bus service arranged to transport one or more specific employee groups to work. Days: Calendar days, unless otherwise specified. Dominant Mode: The mode of travel used for the greatest distance of a commute trip. Employer: A sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual entity, whether public, non- profit, or private, that employs workers. Edmonds: The City of Edmonds. Exemption: A waiver from CTR program requirements granted to an employer by the City of Edmonds based.. on unique conditions that apply to the employer or employment site. Flex -Time: An employer policy allowing individual employees some flexibility in -5- CAMi7880.1 choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. Full -Time Employee: A person other than an independent contractor, scheduled to be employed on a continuous basis for fifty -two (52 ) weeks for an average of at least thirty -five (35) hours per week. Implementation: Active pursuit by an employer of the CTR goals of RCW 70.94.521 -551 and this ordinance as evidenced by appointment of a transportation.coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to its approved CTR program and schedule. Mode: The means of transportation used by employees, such as a single- occupant motor vehicle, ride share vehicle (carpool, vanpool), transit, ferry, bicycle, and walking. Peak Period: . The hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. Peak Period Trip: Any employee trip that delivers the employee to begin his or her regular work day 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: The number of affected employees in SOVs over a set period divided by the number of affected employees working during that period. Single- Occupant Vehicle (SOV): A motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. Single- Occupant Vehicle (SOV) , Trips: Trips made by affected employees in SOVs . Single Work Site: A building or group of buildings on physically contiguous —6— cAbO7880.1 parcels of land or on parcels separated solely by private or public roadways or right -of -ways occupied by one or more affected employers. Telecommuting: 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: A multiple- occupant vehicle operated on a for -hire, shared -ride basis, including bus, ferry, rail, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips. TransRortation Management Organization TMO : 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: A vehicle occupied by seven (7) to fifteen (15) people traveling together for their commute trip that results in the reduction of a minimum of one (1) motor vehicle trip. A vanpool trip counts as zero (0) vehicle trips. Vehicle Miles Traveled (VMT) Per Employee: 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: A seven (7) day calendar period, starting on Monday and continuing through Sunday. Weekday: Any day of the week except Saturday or Sunday. Writing, Written, or In Writing: Original signed and dated documents. -7- Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. 17.95.020 CTR PLAN. The 1993 City of Edmonds' CTR Plan set forth in Attachment A is wholly incorporated herein by reference. 17.95.030 PROGRAM COMPLIANCE. 1. Applicability. The Provisions of this ordinance shall apply to any affected employer at any single work site within the corporate limits of the City of Edmonds. Employees will only be counted at their primary work site. The following classifications of employees are excluded from the counts of employees: A. Seasonal agricultural employees, including seasonal employees of processors of agricultural products; and B. Employees of construction work sites when the expected duration of the construction is less than two years. 1.1 Notification of Applicability. A. Affected employers located in the City of Edmonds are to receive written notification that they are subject to this ordinance. Such notice shall be in writing, addressed to the company's chief executive officer, senior official, or CTR manager at the work site. Such notification shall be delivered a minimum of one hundred fifty (150) days prior to the due date for submittal of their CTR Program. B. Affected employers that, .for whatever reasons, do not receive notice within thirty (30) days of passage of the ordinance and are either notified or identify themselves to the City within one -8- cnM37sa0.1 hundred eighty (180) days of the* passage of the ordinance will be granted an extension to assure up to one hundred fifty (150) days within. which to develop and submit a CTR program.. 1.2 New Affected Employers. Employers that meet the definition of affected employer in this . ordinance must identify themselves to the City within one hundred eighty (180) days of either moving into the boundaries of the City or growing in employment at a work site to one hundred (100) or more affected employees. Such employers shall be granted a minimum of one hundred fifty (150) days to develop and submit a CTR program. Employers that do not identify themselves within one hundred eighty (180) days are in violation. New affected employers shall have two (2) years from the City's acceptance of the program to meet the first CTR goal of fifteen percent (15 %); four (4) years to meet the second goal of twenty -five percent (25 %) ; and six (6) years to meet the third goal of thirty - five percent (35-%) from the time they begin their program. 1.3 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: A. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and has not employed one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City that it is no longer an affected employer. B. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer -9- CAM7880.1 will be considered an affected employer for the entire twelve (12) months, and will be subject to the same program requirements as other affected employers. C. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an unaffected employer, that employer shall be treated as a new affected employer, and will be subject to the same program requirements as other new affected employers. 2. Requirements for Employers. An affected employer is required to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR program must include the mandatory elements described below that are necessary to achieve the CTR goals incorporated into this ordinance. 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. 2.1 CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for 1995, 1997, and 1999. These goals are currently fifteen percent (15 %) reduction in base year values by 1995, twenty -five percent (25%) reduction by 1997, and thirty -five percent (35 %) reduction, by 1999. 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 (TMOs) in developing and implementing CTR programs. -10- cAM37sa0.1 A. Description of Employer's CTR Program. At a minimum, the employer's description must include: (1) General description of the employment site loca- tion, transportation cha- racteristics, and sur- rounding services, including unique dondi- tions experienced by the employer or its employ- ees; (2) Number of employees af- fected 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 addi- tional elements included in the CTR program (as described in subsection 2 of this section) ; and (5) Schedule of implementa, tion, assignment of re- sponsibilities, and com- mitment to provide appro- priate resources. 2.2 Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: A. Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator's name, location, and telephone number must.be displayed prominently at each affected work site. Coordinators shall be trained in CTR program development and administration through a program approved by the City. The -11- CAM7sao.1 coordinator 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 transportation coordinator present at each work site; an affected employer with multiple sites may have one transportation coordinator for all sites. The. employer shall negotiate with the City for the number of ETCs required. B. Information Distribution. Information about alternatives to SOV 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. C. Annual Progress Report. The CTR program must include an annual review of employee commuting and of progress toward meeting the SOV and VMT reduction goals. Affected employers shall file an annual progress report with the City in accordance with the format established by this ordinance 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, 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 modification to achieve the CTR goals. Survey information or approved alternative information must be provided in the 1995, 1997, and- 1999 reports. The format of the report, which shall include a section to be returned to the City and a section to be returned to the -12- CaM7aso.1 Washington State Energy Office, is described in Attachment A. D. Additional Program Elements. In addition to the specific program elements described. above, the employer's CTR program shall include additional elements needed to meet CTR goals. Elements may include, but are not limited to, one (1) or more of the following: (1) Provision of preferential parking or reduced park- ing 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 tran- sit, carpools, or van - pools; (9) Cooperation with trans- portation providers to provide additional regu- lar or express service to the work site; -13- (10) Construction of special loading and unloading facilities for transit, carpool, and vanpool us- ers; (11) Provision of bicycle parking facilities, lock- ers, 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 park- ing facilities; (13) Establishment of. a pro- gram to permit employees to work part -time or full -time at home or at an alternative work site closer to their homes; (14) Establishment of a pro- gram of alternative work schedules, such as com- pressed work weeks which reduce commuting; (15) Promotional activities for ride sharing and transit, as well as fixed commuter information cen- ters; (16) Guaranteed rides in emer- gency situations for ride sharers; (17) Implementation of other measures designed to fa- cilitate the use of high - occupancy vehicles, such as on -site day care fa- cilities and emergency taxi services; and (18) Reduction of parking pro - vided in accordance with -14- CAM37ss0.1 the City of Edmonds' Com- munity Development Code. 3. 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. Records shall reflect the measures selected by the employer. For example, an employer providing transit and vanpool 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 thirty -six (36) months. The. City of. Edmonds and the employer shall agree on the record keeping requirements as part of the employer's CTR program. 4. Schedule and Process for CTR-Reports. 4.1 CTR Program. Not more than six (6) months after the adoption of this ordinance, or within six (6) months after an employer becomes subject to the provisions of this ordinance, the employer shall develop a CTR program and shall submit to the City a description of that program for review. 4.2 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 twelve (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. 4.3 Document Review. The City shall provide the employer with written notification within thirty (30) days if a CTR program was approved or deemed unacceptable. A. Initial program descriptions will be deemed acceptable if: (1) All required information on the program descrip- tion form is provided, and, -15- CAMMOA (2) The program description includes the following information: (a) Name, location and telephone number of the Employee Tra- nsportation Coordi- nator for each work site. (b) Plan for and documentation of regular distribution of information to employees about the employer's CTR pro- gram at the work site, including al- ternatives to driv- ing alone to work. (c) Plan for and implementation of at least one additional measure designed to achieve the applica- ble goal. B. Annual reports will be deemed ac- ceptable if the annual report form is complete and contains information about implementation of the prior year's program elements and proposed new program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV goals. The notification must give cause for the rejection. The employer shall have thirty (30) days to resubmit a modified program. If the employer receives no written notification of extension of the review .period for the CTR program or °-comment on the CTR program -or annual report within ninety (90) days of submission, the employer's program or annual report is deemed accepted. The City may extend.the review period up to -16- ninety (90) days. The implementation date for the employer's CTR program will be extended an equivalent number of days. 4.4 Modification of CTR Program Elements. Any affected employer may request that the City allow the modification of CTR program elements, other than the mandatory elements specified in this ordinance, including record keeping requirements. Such request -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; B. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. This may include evidence from employee surveys administered at the work site: first, in the base year, showing that the employer's own base year values of VMT per employee and SOV rates were higher than the CTR zone average; and subsequently, in the progress year(s) showing that the employer has achieved reductions from its own base values that are comparable to the reduction goals established for the employer',s CTR zone. 4.5 Extensions. An 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 no less than thirty (30) days before the due date for which the extension is being requested. Requests must be made in writing. Extensions not to exceed ninety (90) days shall be considered for reasonable causes. The City shall grant or deny the employer's extension request in writing within ten (10) working days of receipt. If there is no response issued to the employer, an extension is -17- CAM7as0.1 automatically granted for thirty (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 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. An employer's annual reporting date may be extended at the discretion of the Community Services Director or his /her designee. 4.6 Implementation of Employer's CTR Program. Unless extensions are granted, the employer shall implement the approved CTR program not more than one hundred eighty (180) days after the program was first submitted to the City. Implementation of the approved program modifications shall occur within thirty (30) days of the final decision of one hundred eighty (180) days from submission of the CTR program or CTR annual report, whichever occurs first. 4.7 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 meets the goal for proportion of SOV trips but not for VMT per employee, the City may recommend program modifications, but in recognition of the employer's successful efforts in reducing SOV trips, may defer enforcement action if the employer does not promptly implement recommended modifications; -18- caM37a80.1 C. If an employer fails to meet both the VMT per employee goal and the SOV rate goals, the City shall propose modifications to the CTR program and direct the employer to revise its program and may penalize the employer if it does not .implement the recommended modifications. In response to the recommended modifications, - the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty (30) days of notice. The City shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not acceptable, the City will send notice to that effect to the employer within thirty (30) days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching consensus on the required program. A final decision on the required program will be issued in writing by the City within ten (10) working days of the conference. 5. Credit for' Transportation Demand Management Efforts. 5.1 Credit for Programs Implemented Prior to the Base Year. Employers with successful transportation demand management (TDM) programs implemented prior to the 1992 base year may be eligible to apply, for program exemption credit, which exempts them from some program requirements. When these employers apply for the program exemption credit in their initial 1993 CTR program descriptions, they shall be considered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV trips are equivalent to- a twelve percent (12 %) or greater reduction from the base year zone values. This three percentage point credit applies only to the 1995 CTR goals. -19- 5.2 Process to Apply for Program Exemption Credit. Affected employers may apply for program exemption credit for the results of past or current TDM efforts by applying to the City's Community Services Director or his designee in their initial program description or as part of any other annual report. Application shall include results from survey of employees or equivalent information that established the affected employer's VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in Section 7 of the Measurement and Evaluation Guidelines. Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one (1) or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of the ordinance except for the requirements to report performance in 1995, 1997 and 1999. If any. of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. 17.95.040 GENERAL. 1. Enforcement. 1.1 Compliance. section, comp implementing accepted CTR exceeding VMT ordinance. For purposes of this liance shall mean fully all provisions in an program or meeting or and SOV goals of this 1.2 Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals are specif ied in this ordinance. Failure to implement a CTR program includes but is not limited to: -20- CAM37880.1 A. Failure of any affected employer to submit a complete CTR program with the deadline specified in Section 17.95.04.04 of this ordinance. B. Failure to submit required documentation for annual reports. C. Submission of fraudulent data. 1.3 Failure to modify a CTR program found to be unacceptable by the City under Section 17.95.030.4.3. 1.4 Penalties. The City may at its discretion exercise the following alternative remedy: A. Civil infraction. Each day of failure by an employer to: (1) Implement a commute re- duction program; or (2) Modify an unacceptable commute reduction program shall constitute a separate viola- tion and shall be considered to be a civil infraction punishable by a penalty for violation of up to $250 per day. Affected employers may appeal such civil penalties pursuant to the provisions of RCW 7.80.100. B. Nuisance and Abatement. Each day of failure by an employer to: (1) Implement a commute re- duction program; or ( 2 ) Modify an unacceptable commute reduction program shall also constitute a public nuisance and may be abated as provided in accordance with the provisions of ECDC Chapter 20.110. Any violation shall be processed and shall be appealable as provided in Chapter 20.110. -21- CAM37880.2 C. It shall not be considered a failure to implement the CTR program, if an employer's inability to implement an element of a CTR program was the result of an inability. to reach agreement within the preceding twelve month period 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: (1) Propose to a recognized union any provision of the employer's CTR pro - gram that is subject to bargaining as defined by the National Labor Rela- tions Act; and (2) 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). 2. Exemptions or Goal Modifications, 2.1 Exemptions. An affected employer may request in writing that the City grant an exemption - from all CTR. program requirements for a particular work site. The employer must demonstrate that it would experience undue hardship complying with the requirements of the ordinance as a result of the characteristics if its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstance, 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 -22- 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. 2.2 Modification of CTR Program Goals. Prior to implementation, an affected employer may request from the City a modification of program goals. Grounds for granting modification and the associated modification will be determined on a case -by -case basis and include the following: A. An affected employer can demonstrate it requires significant numbers of its employees to use the vehicles they drive to work during the work day for'work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees and that the vehicles cannot reasonably be used for carpools or vanpools. Under this condition, the applicable goals will not be changed, but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV trips and VMT per employee used to determine the employer's progress toward program goals; B. An affected employer demonstrates that is work site is contiguous with a CTR zone boundary and that the work site conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer's work site may be made subject to the same goals for VMT per employee and proportion of'SOV trips as employers in the adjoining CTR zone. The employer may only request a -23- CAM37880.1 modification based on' these conditions prior to the CTR program implementation date. Modifications may also be requested due to unanticipated conditions: A. An affected employer demonstrates that opportunities for alternative commute modes do not exist due to factors related to the work site, its work force, or characteristics of the business that are beyond the employer's control; B. Affected employers whose work site changes and that contribute substantially to traffic congestion in a CTR zone may request a program modification to seek alternative program goals; and C. Any other condition that can be demonstrated by the affected employer to warrant a modification. The employer may not request a modification based on these three conditions until the first measurement year (1995). 3. Appeals of Final Decision. Affected employers may file a written appeal of the City's final decision regarding the following actions: 3.1 Rejection of an employer's proposed program. 3.2 Denial of an employer's requests for a waiver or modification of any of the requirements of this ordinance or a modification of the employer's program. 3.3 Denial of credits requested under Section 17.95.030.5. Such appeals must be filed with the City within ten (10) days after the employer receives notice of a final decision. Timely appeals shall be heard by the City's Hearing Examiner. The Hearing Examiner's decision -24- cnM37ss0.1 shall be final, and may be appealed to the City Council pursuant to Edmonds City Code Section 20.105.010(c) et.seq. Determinations on appeals shall be based on whether the decision being appealed was consistent with this ordinance or applicable law. 4. Third Party Liability. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. 5. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Edmonds hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Section 2. Section 20.110.030 of the Edmonds Community Development Code Nuisance Section to add a new subparagraph H to read as follows: -25- 20.110.030 NUISANCE SECTION. H. Violations of the provisions of Chapter 17.95 relating to development and implementation of commute trip reduction (CTR) programs. Section 3. Amending the provisions of Section 20.110.040(F) relating to monetary penalties for civil violations to read as follows: 20.110.040 ENFORCEMENT PROCEDURES .. F. Monetary Penalties. Except for the violations of Chapter 17.95 and Section 2O.100.040(H) violations shall be assessed at the rate of $100.00 per day, or portion of day thereof, for each and every day after service of the notice of civil violation. Provided however that if an appeal is made to the Hearing Examiner, violations shall be assessed at the rate of $100.00 per day or a portion of the day thereof for each and every day after the violations Hearing Examiner finds that a violation exists and hearing order has been served. Violations of the provisions of Chapter 17.95 and Section 20.100.040(H) shall be assessed at a fine of up to $250 per day or a portion thereof following notice -of civil violation or order of the violation Hearing Examiner as provided above. The violations Hearing Examiner also granted extension of the date upon which fines will begin in order to allow for a reasonable period of abatement. . Such extension shall not exceed ten (10) calendar days. -26- CAae7as0.1 Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication. APPROVED: ff, f. - � M--. ATTEST /AUTHENTICATED: TY CLERK, AMONDA J. MARCH APPROVED AS TO FORM: OFFICE OF-THE CITY ATTORNEY: is Y4 FILED WITH THE CITY CLERK: January 22, 1993 PASSED BY THE CITY COUNCIL: January_ 26, 1993 PUBLISHED: January 31, 1993 EFFECTIVE DATE: February 5, 1993 ORDINANCE NO. 2913 —27- cnae7aso.1 SUMMARY OF ORDINANCE NO. 2913 of the City of Edmonds, Washington On the 26th day of January , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2913 . A summary of the content of said ordinance, consisting of the title, includinq the penalty provision section, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING EDMOND'S COMMUTE TRIP REDUCTION (CTR) PLAN AND IMPLEMENTING MEASURES AS REQUIRED BY RCW 70.94.527 BY ADDING A NEW CHAPTER 17.95 TO THE EDMONDS COMMUNITY DEVELOPMENT CODE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. � The full text of this Ordinance will be mailed upon request. DATED this 27th day of January , 1993. STATE OF WASHINGTON, COUNTY OF SNOHOD&ISH, -On the 26th' II of the CIN of of the co ent 9 the penalty Section �3. Amending the Dtovlslons of Section- 20.110.000fF1 reTMMU'TB rnonetary penalties for cavil violations to.read as follows: 20.110.040 ENFORCEMENT PROCEDURES .. F :'-Monetgry Penalties. Except for the violations Of Chapter 17.95 and Section 20.100.040(H) violations shall be assessed at'the rate of $100.00 per day, or portion of day thereof, for each and every after service .of the notice of ci vil violation. ,Provided however that If an appeal Is made to the Hearing Exominer,.vlolatlons shall be assessed at the rate of 5100.00 per day or qportion of the, day thereof -for each and every day after the viola- floes Hearing Examiner finds that a violation exists and hearing order has been served. Violations of the provi- sions of Chapter 17.95 and Section 20.100.040(H) shall be assessed at o fine of up to $250 per day or a DOrtion .thereof following notice of civil violation or order of the . violation Hearing Examiner as provided above. The vlolo- flons Hearing Examiner also granted .extension of the date upon which fines will begin in order to allow for o reasonable period of abatement. Such extension shall not exceed ten (10) calendar do S. The full text of this Ordinance will be.malled upon request. DATED this 27th day.of January RHONDA J. MARCH, City Clerk Published: January 31, 1993. B-2-1 Affidavit of Publication FEB 2 - 1993 Edmon' ds aty C'srk The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary of Ordinance No: 2913 ...................................................................................................... ............................... City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ...J nua.ry..31., .... 1993 ......................................................... ............................... ....................................................................................................... ............................... and that said• newspaper was regularly distributed to its subscribers during "'a of said period. Principal Clerk i• Subscribed and sworn to before me this....... 1.s.t.. Ada of ..... ............ Feb u..... .............................1 199.3.... / .......................:................. .......�....................... Notary Public in and for a �� �rtt residing at Everett, Sno s 9►�N fxo, ,�ApTAFjk u'� PUB00 \9� 5 19 -94 OF 'NASt'