HomeMy WebLinkAbout3086Ordinance No. 3086
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repealed by Ord. 3474;
ORDINANCE NO. 20s'b
AN ORDINANCE of the City of Kent,
Washington, adopting Commute Trip Reduction
(CTR) measures as required by RCW 70.94.527.
WHEREAS, traffic congestion in the City of Kent imposes
significant costs on City business, government and individuals in
terms of lost working hours and delays in the delivery of goods and
services, as well as making the City a less desirable place to
live, work, visit and do business; and
WHEREAS, motor vehicle traffic is a major source of
emissions that pollute the air, and air pollution causes
significant harm to public health and degrades the quality of the
environment; and
WHEREAS, reducing the number of vehicles using the
streets of the City will postpone or eliminate the need and cost of
increasing the capacity of existing roadways; and
WHEREAS, employers have significant opportunities to
encourage and facilitate the reduction of single occupant vehicle
commuting by their employees; and
WHEREAS, State policy, as set forth in RCW 70.94.521-551
and the CTR Task Force Guidelines, requires the City of Kent to
develop and implement a plan to reduce single -occupant vehicle
commute trips; and
WHEREAS, the plan must require affected employers to
implement programs to reduce vehicle miles traveled per employee
and the number of single occupant vehicles used for commuting
purposes by their employees; and
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WHEREAS, a transportation demand management element is
required as part of the Washington State Growth Management Act (RCW
36.70A.070(6e); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 6 of the Kent City Code is amended by
adding thereto a new Chapter to be numbered 6.12, which
Chapter shall read as follows:
Sec. 6.12.010. Short Title.
This ordinance shall be known as the Commute Trip
Reduction (CTR) Ordinance, and may be cited as such.
Sec. 6.12.020. Definitions.
The following definitions shall apply in the interpretation
and enforcement of this ordinance:
A. "Affected Employee" means a full-time employee who
is scheduled to begin his or her regular work day at a
single worksite between 6:00 a.m. and 9:00 a.m.
(inclusive) on two or more weekdays.
B. "Affected Employer" means an employer that, for 12
continuous months, employs 100 or more full-time
employees at a single worksite who are scheduled to begin
their regular work day between 6:00 a.m. and 9:00 a.m.
(inclusive) on two or more weekdays.
C. "Alternative Mode" means any type 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.
D. "Alternative Work Schedules" mean programs such as
compressed work weeks that eliminate peak period work
trips for affected employees.
E. "Base Year" means the period from January 1, 1992,
through December 31, 1992, on which goals for the
reduction of vehicle miles traveled (VMT) per employee
and proportion of single -occupant vehicle (SOV) trips
shall be based.
F. "City" means the City of Kent.
G. "Commute Trips" mean trips made from a worker's home
to a worksite with a regularly scheduled arrival time of
6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
H. "CTR Program" means an affected employer's
strategies to reduce affected employees' SOV use and VMT
per affected employee.
I. "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. Compressed work weeks are
understood to be an ongoing arrangement.
J. "Dominant Mode" means the mode of travel used for
the greatest distance of a commute trip.
K. "Employee" means anyone who receives financial or
other remuneration in exchange for work provided to an
employer, including owners and partners of the employer.
L. "Employer" means a sole proprietorship, partnership,
corporation, unincorporated association, cooperative,
joint venture, agency, department, district or individual
or entity, whether public, non-profit, or private, that
employs workers.
M. "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.
N. "Full -Time Employee" means a person other than an
independent contractor, scheduled to be employed on a
continuous basis for fifty-two (52) weeks per year for an
average of at least thirty-five (35) hours per week.
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O. "Implementation" means active pursuit by an affected
employer of a CTR program designed to achieve the goals
of RCW 70.94.521-551 and this ordinance.
P. "Mode" means the type of transportation used by
employees, such as single -occupant motor vehicle,
rideshare vehicle (carpool, vanpool), transit, ferry,
bicycle, and walking.
Q. "Peak Period" means the hours from 6:00 a.m. to 9:00
a.m. (inclusive), Monday through Friday, except legal
holidays.
R. "Peak Period Trip" means any employee trip that
delivers the employee to begin his or her regular workday
between 6:00 a.m. and 9:00 a.m. (inclusive), Monday
through Friday, except legal holidays.
S. "Primary Worksite" means the location where an
affected employee reports to work to start their workday
the majority of the time.
T. "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.
U. "Single -Occupant Vehicle (SOV)" means a motor
vehicle occupied by one (1) employee for commute
purposes, including a motorcycle.
V. "Single -Occupant Vehicle (SOV) Trips" means trips
made by affected employees in SOVs.
W. "Single Worksite" means a building or group of
buildings on physically contiguous parcels of land or on
parcels separated solely by private or public roadways or
rights-of-way, occupied by one or more affected
employers.
X. "Telecommuting" means the use of telephones,
computers, or similar technology to permit an employee to
work at home, eliminating a commute trip, or to work from
a place closer to home, reducing the distance traveled in
a commute trip by at least half.
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Y. "Transportation Management Association (TMA)" means
a group of employers or an association representing a
group of employers in a defined geographic area.
2. "Vehicle Miles Traveled (VMT) Per Employee" means
the sum of the individual vehicle commute trip lengths in
miles made by affected employees over a set period
divided by the number of affected employees during that
period.
AA. "Week" means a seven day calendar period, starting
on Monday and continuing through Sunday.
BB. "Weekday" means any day of the week except Saturday
or Sunday.
Sec. 6.12.030. Responsible Agent.
A. The Director of Public Works, under the authority
granted pursuant to the Revised Code of Washington (RCW)
Chapter 35A and this Chapter, shall have general charge
of, and supervision over, the administration and
enforcement of this ordinance.
B. The Director of Public Works shall establish
Administrative Regulations consistent with this ordinance
for the purpose of enforcing and carrying out its
provisions.
Sec. 6.12.040. Commute Trip Reduction Goals.
Employers affected by this ordinance shall achieve the
following reductions in vehicle miles traveled per
employee and in the proportion of single -occupant vehicle
trips from the 1992 base year value:
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A. 15 percent reduction by January 1, 1995
B. 25 percent reduction by January 1, 1997
C. 35 percent reduction by January 1, 1999
Sec. 6.12.050. Base Year Values.
The base year value for proportion of single occupant
vehicle (SOV) trips shall be 85 percent. The base year
value for vehicle miles traveled (VMT) per employee shall
be 9.3 miles. Commute trip reduction goals for affected
employers shall be calculated from these values.
Therefore, affected employers shall establish a program
designed to result in SOV rates of not more than 72
percent in 1995, 64 percent in 1997, and 55 percent in
1999 and VMT per employee of not more than 8 miles in
1995, 7 miles in 1997, and 6 miles in 1999.
Sec. 6.12.060. Applicability.
A. This ordinance shall apply to employers within the
corporate limits of the City of Kent. Employees will
only be counted at their primary worksite. The following
classification of employees are excluded from the
requirements of this ordinance: 1) seasonal agricultural
employees, including seasonal employees of processors of
agricultural products, and 2) employees of construction
worksites when the expected duration of the construction
project is less than two years.
B. If an affected employer no longer employs 100 or
more affected employees, that employer is no longer an
affected employer. If that employer returns to the level
of 100 or more affected employees within 12 months, the
employer will be considered an affected employer for the
entire 12 months, and subject to the same program
requirements and goals as other affected employers. If
that employer returns to a level of 100 or more affected
employees after 12 months, the employer shall be treated
as a new affected employer. It is the responsibility of
the employer to notify the City of changes in its status
as an affected employer.
C. Transportation Management Associations. A
Transportation Management Association (TMA) may manage or
administer affected employer's programs and may submit
CTR program descriptions and annual reports on behalf of
affected employers; however, each affected employer shall
remain accountable for compliance with the requirements
of this ordinance.
Sec. 6.12.070. Affected Employer's Commute Trip Reduction
Programs and Reports.
A. Affected Employer's CTR Programs. Affected
employers shall develop a CTR program that is
designed to reduce VMT per employee and SOV commute
trips. At a minimum, the program shall include the
following mandatory elements:
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1. Transportation Coordinator. Affected
employers shall designate a transportation
coordinator to administer the CTR program. The
coordinator's name, location, and work telephone
number must be prominently displayed at each
affected worksite. The coordinator shall oversee
all elements of the affected employer's CTR
program. An affected employer with multiple sites
may have one transportation coordinator for all
sites.
2. Information Distribution. At least once each
year, affected employers shall provide affected
employees information on alternatives to SOV
commuting. This shall include, but not be limited
to, a summary of the employer's program, including
the name and phone number of the coordinator.
Affected employers must provide a summary of their
program to all new employees at the time of hire.
3. Additional Program Elements. In addition to
the program elements described above, affected
employer's CTR programs shall include a set of
measures designed to meet CTR goals, as described
in RCW 70.94.531 and the City of Kent CTR
Administrative Regulations.
B. Affected Employer's Annual Reports. Affected
employers shall submit an annual CTR progress report to
the City by the date designated by the Public Works
Director. Each report shall describe the CTR measures
that were in effect for the previous year, the results of
any commuter surveys conducted during the year, the
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number of employees participating in the CTR program, and
a summary of the progress toward meeting the SOV and VMT
reduction goals. Reports submitted in 1995, 1997, and
1999 shall include the results of an approved survey
indicating the commute modes and vehicle miles traveled
by their employees.
Sec. 6.12.080. Record Keeping.
Affected employers shall maintain all CTR records
required in the City of Kent CTR Administrative
Regulations for the duration of this ordinance.
Sec. 6.12.090. Schedule and Process for CTR Program Submittal,
Review and Implementation.
A. CTR Program Submittal. Within six months after an
employer qualifies under the provisions of this
ordinance, affected employers shall develop a CTR program
and submit a description of that program to the City of
Kent for approval. The Public Works Director shall
provide the form to be used for the program description.
B. Program Review and Modification. Within 90 days of
receipt of a CTR program, the City of Kent shall provide
the employer with written notification indicating whether
a CTR program was approved or is unacceptable.
1. Before 1995, programs will be acceptable if
they include all mandatory program elements.
2. Beginning in 1995, if an affected employer has
not met either the VMT per employee goal or the SOV
rate goal, the City shall require modification of
an employer's CTR program. An affected employer
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whose program is found unacceptable will be
notified by the City and shall have 30 days from
the date of notification to submit a revised CTR
program. Implementation of program changes
approved by the City must occur within 30 days.
C. Implementation of affected employerts CTR Program.
Affected employers shall implement an approved CTR
program not more than 180 days after the program was
first submitted to the City.
D. Extensions of Time. The Public Works Director shall
have the discretion to grant time extensions under this
ordinance provided an employer can demonstrate sufficient
need.
Sec. 6.12.100. Modifications of CTR Requirements.
A. Exemptions. Affected employers may request an
exemption from any or all CTR program requirements at a
particular worksite. The Public Works Director may grant
an exemption if the affected employer can demonstrate it
faces an extraordinary circumstance and is unable to
implement measures that could reduce the proportion of
SOV trips and VMT per employee. The City shall annually
review all employer exemptions, and shall determine
whether the exemptions will continue to be in effect
during the following program year.
B. Goal Modification. Affected employers may request
a modification of CTR goals if they can demonstrate they
require employees to use the vehicles they drive to work
during the work day for work purposes. The affected
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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. PROVIDED HOWEVER, 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 affected
employer's progress toward CTR goals.
C. Modification of CTR Program Elements. Any affected
employer may request modification of an approved CTR
program. Requests may be granted under the following
conditions:
1. the employer demonstrates that it is unable to
implement one or more program elements for reasons
beyond its control;
2. the employer demonstrates that implementation of
a program element would cause undue hardship; or
3. the employer demonstrates that a substitute
program element would be as effective or more
effective than the previously approved program
element.
Sec. 6.12.110. Credits.
A. Credit for CTR Efforts.
1. Employers with successful CTR programs may
apply to the City for program credit.
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2. Affected employers whose VMT per employee and
proportion of SOV trips are equal to or less than
the goals for a future goal year, and commit in
writing to continue their current level of effort,
shall be exempt from the requirements of this
ordinance, except for the requirement to submit an
annual progress report. If any report indicates
the affected employer does not satisfy the next
applicable goals, the affected employer shall
immediately become subject to all requirements of
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this ordinance.
3. Affected employers who apply for program credit
in their 1993 program description shall be
considered to have met the 1995 CTR goals if their
VMT per employee and proportion of SOV trips are
equivalent to a 12 percent or greater reduction
from the base year values. This three percentage
point credit applies only to the 1995 CTR goals.
4. Application for program credit shall include a
description of the existing program, results from a
survey of employees, or equivalent information,
that establishes the applicant's VMT per employee
and proportion of SOV trips. The survey or
equivalent information shall conform to all
applicable standards established in the CTR
Administrative Regulations.
B. Credits for Alternate Work Schedules,
Telecommuting, Bicycling and Walking by Affected
Employees. In the calculation of SOV rate and VMT
per employee, commute trips eliminated through
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alternative work schedules, telecommuting,
bicycling and walking will count as 1.2 vehicle
jl trips eliminated.
Sec. 6.12.120. Enforcement.
A. Compliance. Compliance means submitting required
reports and documentation at prescribed times and fully
implementing all provisions in an accepted CTR program or
to meet or exceed VMT and SOV goals of this ordinance.
B. Civil violations. The following shall constitute a
civil violation of this ordinance:
1. Failure to submit a complete CTR program
within the deadlines specified in Sec. 6.12.090.
2. Failure to implement an approved CTR program;
3. Failure to submit an annual CTR report; and
4. Submission of fraudulent data.
C. Monetary Penalties.
1. The penalty for violations in (B) above shall be
assessed by the Public Works Director in an amount
not to exceed $250 per violation per day and shall
be considered a Class 1 civil infraction pursuant
to RCW 7.80.120.
2. Affected employers shall not be liable for
monetary penalties if failure to implement an
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element of a CTR program was the result
of an inability to reach agreement with a
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certified collective bargaining agent
under applicable laws where the issue was
raised by the employer and pursued in
good faith.
D. Collection. All penalties due and unpaid under this
ordinance may be collected by civil action, which remedy
shall be in addition to any and all other existing
remedies and penalties.
Sec. 6.12.130. Appeal of Administrative Decisions.
A. Affected employers shall be notified in writing of
the City's decision regarding unacceptable programs,
exemptions, modification of goals, modification of CTR
program elements, and violations.
B. Employers shall have 30 days following notification
by the City to file an appeal of these decisions with the
Kent Hearing Examiner.
C. Hearings before the Hearing Examiner shall be held
according to the procedures set forth in Chapter 2.54.100
(A) of the Kent City Code. The Hearing Examiner's
decision shall represent final action by the City, unless
an appeal is made to the Superior Court of King County
within ten (10) working days after issuance of such
decisions.
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Section 2. Severability.
If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared unconstitutional
or invalid for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty
(30) days from the time of its final approval and passage
as provided by law.
AN KELLEHER, MAYOR
ATTEST:
v
cz-
BRENDA JACOBER, CIV
I LERK
APPROVED AS TO FORM:
ROG A LUBO ICH, CITY ATTORNE
PASSED the cP, day of 1993.
APPROVED the day of , 1993.
PUBLISHED the day of �� / , 1993.
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I hereby certify that this is a true and correct copy of
Ordinance No. .309U-, passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
a cam- (SEAL)
BRENDA JACOBEr-
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C TY CLERK