Ordinance 3719ORDINANCE NO. 3719
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS COMMUTE TRIP
REDUCTION (CTR) PLAN AND IMPLEMENTING
MEASURES AS REQUIRED BY RCW 70.94.527 BY
AMENDING CHAPTER 17.95 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
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 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 -555) which requires the City to establish commute trip reduction plans that require
affected employers to prepare commute trip reduction programs to their employees;
WHEREAS, in 2006, the previous Commute Trip Reduction Plan expired and the
Commute Trip Reduction Efficiency Act was enacted with new guidelines, requiring the
adoption of a new Commute Trip Reduction Plan; WHEREAS, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOW:
Section 1: Chapter 17.95 of the Edmonds Community Development Code is
hereby amended as follows:
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Chapter 17.95
Commute Trip Reduction Plan
Sections:
17.95.010 Administration.
17.95.020 CTR plan.
17.95.030 Program compliance.
17.95.040 General,
17.95.010 Administration.
A. Title. This chapter shall be known as the "Commute Trip Reduction Ordinance of the City of
Edmonds," and the requirements set forth in this chapter are applicable to all major employers defined
herein.
B. Jurisdiction. These regulations shall apply to all major employers within the incorporated area of the
city of Edmonds.
C. Purpose. 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 70.94.551), Chapter 202, Laws of
1991, and 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- occupant
vehicle. 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).
D. Administration. The director of the community services department or his /her designee shall have
the duty and responsibility of administering the provisions of this chapter with the authority to promulgate
rules and regulations to implement and administer this chapter. The community services department shall
work with other departments to develop and implement an administrative process for enforcing this
chapter.
E. Definitions. For the purpose of this chapter, the following definitions shall apply in the
interpretation and enforcement of this chapter:
1. "Affected employee" means a full -time employee who begins his or her regular work day at a
major employer work site between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at
least twelve continuous months. "Full -time employee" means a person other than an independent
contractor, scheduled to be employed on a continuous basis for fifty -two weeks for an average of at least
thirty-five hours per week.
2. "Affected urban growth area"
(A) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a
state highway segment exceeding the one hundred person per hours of delay threshold calculated by the
Washington State Department of Transportation, and any contiguous urban growth areas; and
(B) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction
with a population over seventy thousand that adopted a commute trip reduction ordinance before the year
2000, and any contiguous urban growth areas; or
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(C) An urban growth area identified by the Washington State Department of Transportation as
listed in WAC 468- 63- 020(2)(b).
3. "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.
4. "Alternative work schedules" means work schedules which allow employees to work their
required hours outside of the traditional Monday to Friday, 8:00 a.m. to 5:00 p.m. schedule. Programs
such as compressed work weeks that eliminate work trips for affected employees are an example.
5. "Base year" means the twelve -month period when the City of Edmonds determines an
employer is required to comply with the CTR law. City of Edmonds uses this twelve -month period as the
basis upon which it develops local commute trip reduction goals.
6. "Base year survey" or Baseline measurement" means the survey, during the base year, of
employees at a major employer worksite to determine the drive -alone rate and vehicle miles traveled per
employee at the worksite. The jurisdiction 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 of Edmonds.
7. "Carpool" means a motor vehicle occupied by two to six people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
8. "Commute trips" means trips made from a worker's home to a work site during the peak period
of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
9. "CTR guidelines" means the set of guidelines prepared by the Commute Trip Reduction Board
in accordance with RCW 70.94.527. The city will use these guidelines to interpret and administer the
Edmonds CTR ordinance.
10. "CTR Law" means the Commute Trip Reduction law passed by the Washington State
Legislature in 1991 (Chapter 202, Laws of 199 1) and codified in RCW 70.94.521 through 70.94.551, and
amended in 1997 and 2006 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 delay threshold calculated by the department of transportation, as well as
those counties and cities located in any contiguous urban growth areas, shall adopt a commute trip
reduction plan and ordinance for major employers in the affected urban growth area.
11. "CTR plan" means city of Edmonds' plan and ordinance to regulate and administer the CTR
programs of major employers within its jurisdiction.
12. "CTR program" means an employer's strategies to reduce affected employees' SOV use and
VMT per employee.
13. "Commuter matching services" means a system that assists in matching commuters for the
purpose of commuting together.
14. "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
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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.
work.
15. "Custom bus /buspool" means a commuter bus service arranged to transport employees to
16. "Days" means calendar days, unless otherwise specified.
17. "Dominant mode" means the mode of travel used for the greatest distance of a commute trip.
18. "Drive- alone" means single- occupant vehicle.
19. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual entity, whether public,
nonprofit, or private, that employs workers.
20. "Edmonds" means the city of Edmonds.
21. "Exemption" means 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.
22. "Flex- time" means 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.
23. "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.
24. "Goal" means a purpose toward which efforts are directed.
25. "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 it CTR program over an agreed upon length of time.
26. "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 70.04.537,
and must be certified by a regional transportation planning organization as established in RCW
473 80.020.
27. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.551 and this chapter 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.
28. "Jurisdiction's base year measurement" means the proportion of drive -alone 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
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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.
29. "Major employer" (formerly "affected employer ") means a private or public employer,
including state agencies, that employs one hundred 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 twelve months.
30. "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 one hundred or more full -time employees, who begin their regular workday between
6:00 a.m. and 9:00 a.m. on weekdays, for a least twelve continuous month.
31. "Mode" means the means of transportation used by employees, such as a single- occupant
motor vehicle, ride share vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.
32. "Peak period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through
Friday, except legal holidays.
33. "Peak period trip" means 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.
34. "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.
35. "Proportion of single- occupant vehicle trips or SOV rate" means the number of commute trips
made by single- occupant automobiles divided by the number of full -time employees.
36. "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 sixteen or under, the motor vehicle is still considered a "single -
occupant vehicle" for measurement purposes.
37. "Single- occupant vehicle (SOV) trips" means trips made by affected employees in SOVs.
38. "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.
39. "Telecommuting" means the use of telephones, computers, or other similar technology to
permit an employee to work from home, eliminating a commute trip, or to work from a work place closer
to home, reducing the distance traveled in a commute trip by at least half.
40. "Transit' means a multiple- occupant vehicle operated on a for -hire, shared -ride basis,
including bus, ferry, rail, shuttle bus, or vanpool.
41. "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.
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42. "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
43. "Vehicle miles traveled (VMT) per employee" means the sum of the individual vehicle
commute trip lengths in miles divided by the number of full -time employees.
Sunday.
44. "Week" means a seven -day calendar period, starting on Monday and continuing through
45. "Weekday" means any day of the week except Saturday or Sunday.
46. "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. 2913 § 1, 1993].
17.95.020 CTR plan.
The City of Edmonds' CTR Plan, as updated in 2008, is adopted wholly and incorporated herein by
reference. [Ord. 2913 § 1, 1993].
17.95.030 Program compliance.
A. Applicability. The provisions of this chapter shall apply to any major employer 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:
1. Seasonal agricultural employees, including seasonal employees of processors of agricultural
products; and
2. Employees of construction work sites when the expected duration of the construction is less
than two years.
B. Notification.
1. In addition to Edmond's established public notification for adoption of an ordinance, a
summary of the ordinance that establishes this chapter, a notice of availability of the full text of the same,
a notice of the requirements and criteria for major employers to comply with the same, and subsequent
revisions shall be published at least once in a local newspaper of general public circulation, within 30
days after passage or revision of the same.
2. Known major employers located in the city of Edmonds are to receive written notification that
they are subject to the ordinance codified in this chapter within thirty days after adoption.
3. A major employer that, for whatever reasons, does not receive notice within thirty days of
adoption of the ordinance codified in this chapter must identify themselves to the city within ninety days
of the adoption of the ordinance codified in this chapter. The employer shall comply with all
requirements of new major employers as specified in ECDC 17.95.030 (C).
C. New Major Employers. Employers that meet the definition of major employer in this chapter must
identify themselves to the city within ninety days of either moving into the boundaries of the City or
growing in employment at a work site to 100 or more affected employees. Such employers shall be
granted a minimum of ninety days to complete a baseline survey, and an additional ninety 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 not more than ninety days after the program's
approval. develop and submit a CTR program. Employers that do not identify themselves and implement
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an approved CTR program according to this section are ninety are in violation of this chapter. New major
employers shall have four years from the city's acceptance of the program to meet the CTR reduction
goals as stated in the city's CTR plan.
D. 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:
1. If an employer initially designated as a major employer no longer employs one hundred or
more affected employees and will not 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 the city that it is no longer a major employer.
2. If the same employer returns to the level of one hundred or more affected employees within the
same twelve months, that employer will be considered a major employer for the entire twelve months, and
will be subject to the same program requirements as other major employers.
3. If the same employer returns to the level of one hundred or more affected employees twelve or
more months after its change in status to an unaffected employer, that employer shall be treated as a new
major employer, and will be subject to the same program requirements as other new major employers.
E. Requirements for Employers. Major employers are required to make a good faith effort as defined in
RCW 70.94.531 and this chapter, to develop and implement a CTR program that will encourage its
employees to reduce VMT per employee and drive -alone commute trips. The CTR program must include
the mandatory elements described below that are necessary to achieve the CTR goals incorporated into
this chapter. The employer shall submit a description of its program to the city and provide an annual or
biannual progress report to the city on employee commuting and progress toward meeting the SOV goals.
F. CTR Program Description Requirements. The CTR program description presents the strategies to be
undertaken by an employer to achieve the commute trip reduction goals. The goals are 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 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.
G. Description of Employer's CTR Program. At a minimum, the employer's description must include:
1. General description of the employment site 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 and total number of employees per
worksite;
3. Documentation of compliance with the mandatory CTR program elements (as described in
subsection H of this section);
4. Description of the additional elements included in the CTR program (as described in
subsection I of this section); and
5. Schedule of implementation, assignment of responsibilities, and commitment to provide
appropriate resources.
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H. Mandatory Program Elements. Each employer's CTR program shall include the following
mandatory elements:
1. Employee Transportation Coordinator. The employer shall designate an employee
transportation coordinator (ETC) to administer the CTR program. The coordinator's name, location, and
telephone number must be displayed prominently at each major work site.. The coordinator shall oversee
all elements of the employer's CTR program and act as liaison between the employer and the city. A
major 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.
2. Information Distribution. Information about alternatives to SOV commuting 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. Each employer's program description and annual report must report the information
distributed and the method of distribution.
3. Annual or Biannual Progress Report. The CTR program must include an annual or biannual
review of employee commuting and of progress and good faith efforts toward meeting the SOV and VMT
reduction goals. Determination of annual or biannual 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 biannual progress report with the city in accordance
with the format established by this chapter and consistent with the CTR Board 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 every two years after program implementation begins.
4. Biannual 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
achieve a 70 percent response rate from employees at the worksite.
5. Annual Worksite Promotion of Employer CTR Program. Major employers will hold at least
one annual "transportation fair" or equivalent promotion which is available to all employees at each
affected worksite.
6. ETC Training. ETC will be required to attend an ETC basic training session within six
months of appointment.
7. Employer Notification. Employers will be required to notify the jurisdiction 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.
8. 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 needed to meet CTR goals. Elements may
include, but are not limited to, one or more of the following:
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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 work site;
10. Construction of special loading and unloading facilities for transit, carpool, and vanpool
users;
11. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees
who bicycle or walk to work;
12. Provision of a program of parking incentives such as a rebate for employees who do not use
the parking facilities;
13. Establishment of a program to permit employees to work part-time or full -time at home or at
an alternative work site closer to their homes;
14. Establishment of a program of alternative work schedules, such as compressed work weeks
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 sharers;
17. Implementation of other measures designed to facilitate the use of high- occupancy vehicles,
such as on -site day care facilities and emergency taxi services; and
18. Reduction of parking provided in accordance with the city of Edmonds' Community
Development Code.
J. 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. Records shall reflect the measures selected by the
employer. For example, an employer providing transit and vanpool pass subsidies shall keep monthly
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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 of Edmonds and the employer shall agree on the record keeping
requirements as part of the employer's CTR program.
K. Schedule and Process for CTR Reports.
1. CTR Program. Not more than ninety days after the adoption of the ordinance codified in this
chapter, or within ninety days after an employer becomes subject to the provisions of this chapter, the
employer shall develop a CTR program and shall submit to the city a description of that program for
review.
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 months from the
day the program is submitted. Annually or biannually on the employer's reporting date, the employer shall
submit to the city the annual or biannual CTR report.
3. Document Review. The city shall provide the employer with written notification within thirty
days if a CTR program was approved or deemed unacceptable.
4. Requirements. Initial program descriptions will be deemed acceptable if:
a. All required information on the program description form is provided; and
b. The program description includes the following information:
i. Name, location and telephone number of the employee transportation coordinator for
each work site;
ii. Plan for and documentation of regular distribution of information to employees
about the employer's CTR program at the work site, including alternatives to driving alone to work;
iii. Plan for and implementation of at least one additional measure designed to achieve
the applicable goal.
5. Annual Reports. Annual reports will be deemed acceptable 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.
6. Acceptance. The notification must give cause for the rejection. The employer shall have thirty
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 days
of submission, the employer's program or annual report is deemed accepted. The city mayextend the
review period up to ninety days. The implementation date for the employer's CTR program will be
extended an equivalent number of days.
L. Modification of CTR Program Elements. Any major employer may request that the city allow the
modification of CTR program elements, other than the mandatory elements specified in this chapter,
including record keeping requirements. Such request may be granted if one of the following conditions
exist:
1. The employer can demonstrate it would be unable to comply with the CTR program elements
for reasons beyond the control of the employer;
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2. The employer can demonstrate that compliance with the program elements would constitute an
undue hardship.
M. 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 days before the due date for which the extension is being requested. Requests must be made in
writing. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall
grant or deny the employer's extension request in writing within ten working days of receipt. If there is no
response issued to the employer, an extension is automatically granted for thirty 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.
N. Implementation of Employer's CTR Program. Unless extensions are granted, the employer shall
implement the approved CTR program not more than ninety 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.
O. Criteria for Program Modification. The following criteria shall be applied in determining
requirements for employer CTR program modifications.
1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and
meets either or both applicable goals, the employer has satisfied the objectives of the CTR plan and will
not be required to modify its CTR program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has
not met or is not likely to meet the applicable SOV or VMT goal, the city of Edmonds 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 to the city for approval within thirty
days of reaching an agreement.
3. If an employer fails to make good faith efforts as defined in RCW 70.94.534(2) and this chapter,
and fails to meet the applicable SOV of 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 thirty days to incorporate the 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 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 a written notice to that major 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.
17.95.040 General.
A. Enforcement.
1. Compliance. For purposes of this section, compliance shall mean fully implementing all
provisions in an accepted CTR program or meeting or exceeding VMT and SOV goals of this chapter.
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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 specified in
this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of any major employer to submit a complete CTR program with the deadline
specified in ECDC 17.95.030(K);
b. Failure to submit required documentation for annual reports;
c. Submission of fraudulent data;
d. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter;
e. Failure to modify a CTR program found to be unacceptable by the city under ECDC
17.95.030(K)(3).
3. Penalties. No major employer with an approved CTR program may be held liable for the
failure to reach the applicable SOV or VMT goals. The city may at its discretion exercise the following
alternative remedy:
a. Civil Infraction. Each day of failure by an employer to:
i. Implement a commute reduction program; or
ii. Modify an unacceptable commute reduction program shall constitute a separate
violation and shall be considered to be a civil infraction punishable by a penalty for violation of up to
$250.00 per day. Major 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:
i. Implement a commute reduction program; or
ii. Modify an unacceptable commute reduction program shall also constitute a public
nuisance and may be abated as provided in accordance with the provisions of Chapter 20.110 ECDC. Any
violation shall be processed and shall be appealable as provided in Chapter 20.110 ECDC.
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:
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 the city and advise the union that the proposal being made is necessary for
compliance with state law (RCW 70.94.531).
B. Exemptions or Goal Modifications.
1. Exemptions. A major employer may submit a request to the city to grant an exemption from all
CTR program requirements or penalties for a particular work site. The employer must demonstrate that it
would experience undue hardship in 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 maybe granted if and only
if the major 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 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.
{BFP708555.DOC;1 /00006.900000/}
2. Modification of CTR Program Goals. Prior to implementation, a major 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. 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 shall review annually all employee exemption requests, and shall determine
whether the exemption will be in effect during the following program year.
b. A major employer may request that the city modify its CTR program goals. Such requests
shall be filed in writing at least sixty days prior to the date the worksite is required to submit its program
description or 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 of
the elements contained in its approved CTR program. The city will review and grant or deny requests for
goal modifications in accordance with procedures and criteria identified in the CTR Board guidelines. 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.
C. Appeals of Final Decision. Major employers may file a written appeal of the city's final decision
regarding the following actions:
1. Rejection of an employer's proposed program;
2. Denial of an employer's requests for a waiver or modification of any of the requirements of this
chapter or a modification of the employer's program;
Such appeals must be filed with the city within ten 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
shall be final, and may be appealed to the city council pursuant to ECDC 20.105.010(c) et seq.
Determinations on appeals shall be based on whether the decision being appealed was consistent with this
chapter or applicable law.
D. Third Party Liability. It is expressly the purpose of this chapter 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 chapter.
It is the specific intent of this chapter that no provisions nor any term used in this chapter 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 chapter shall be discretionary and not mandatory.
Nothing contained in this chapter 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 chapter
by its officers, employees or agents. [Ord. 3242 § 1, 1999; Ord. 2913 § 1, 1993].
(BFP708555.DOC;1 /00006.900000/) - 13 -
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. 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 of an approved summary thereof consisting of the title.
":
SUMMARY OF ORDINANCE NO. 3719
of the City of Edmonds, Washington
On the 16th day of December, 2008, the City Council of the City of Edmonds
passed Ordinance No. 3719. A summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE of the City of Edmonds, Washington, amending
Edmonds Commute Trip Reduction (CTR) Plan and implementing
measures as required by RCW 70.94.527 by amending Chapter 17.95 of
the Edmonds Community Development Code; providing for severability;
and setting an effective date.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of December, 2008.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
Inc. 189
SUMMARY OF ORDINANCE NO. 3719
of the City of Edmonds, Washington
On the 16th day of December, 2008, the City Council of
the City of Edmonds passed Ordinance No. 3719. A sum -.
mary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE of the City of Edmonds, Washington, .
amendin Edmonds Commute Trip Reduction (TR)
Plan and implementing measures as required by RCW
70.94.527 by amending Chapter 17.95 of the, Edmonds
Community Development Code; providing : for
severability; andsettins an effective date.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of December, 2008.
CITY CLERK, SANDRA S. CHASE
Published: December 22, 2008.
Affidavit of Publication
S.S.
The undersigned, being first duly swom 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. 3719
Amending the CTR Plan
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:
December 22, 2008
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 22nd
day of
Notary Public in and r t State of s11 0 �,�trc ii gat Ev,
County. � ® "fif
5 C. e
Account Name: City of Edmonds Account Number. 101436 ►d
0001628689