HomeMy WebLinkAbout3917ORDINANCE NO . ..J'f 17
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapter 6.12
of the Kent City Code, entitled "Commute Trip
Reduction," adopting the City's Commute Trip
Reduction Plan in implementing measures required
by state law.
RECITALS
A. The State Commute Trip Reduction Act, RCW 70. 94. 521 et.
seq. and rules adopted there under require munic1pallt1es to develop and
implement a program and plan to reduce drive alone commute trips and
vehicle miles traveled for the City and affected employees.
B. The City of Kent has complied by adoption of chapter 6.12 of
the Kent City Code.
C. Recent amendments to state law require corresponding
amendments to the city code which changes are also reflected in the City
of Kent Commute Tripe Reduction Local Plan 2008-2011.
1 Commute Trip Reduction
Amend KCC 6.12
D. On February 5, 2008, the City of Kent's Commute Trip
Reduction ("CTR") Local Plan was unanimously approved by the
Washington State Commute Tnp Reduction Board.
E. On June 17, 2008, the Transportation Master Plan ("TMP")
was adopted by the Kent City Council. The TMP incorporates the Kent CTR
Local Plan by reference. An executive summary of the Kent CTR Plan
constituted chapter eight (8) of the TMP.
F. On June 17, 2008, the Transportation Element of the Kent
Comprehensive Plan was amended to incorporate the 2008 Transportation
Master Plan by reference into the Kent Comprehensive Plan.
G. The City of Kent recognizes the importance of increasing
individual citizen's awareness of air quality, energy consumption, and
traffic congestion, and the contribution individual actions can make toward
addressing these issues.
H. A transportation demand management element, such as a
CTR plan, 1s required as part of the Washington State Clean Air Act, RCW
70.94.
I. This Ordinance both adopts the CTR Local Plan and amends
Chapter 6.12 of the Kent City Code consistent with the CTR Local Plan and
the requirements of state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Commute Trip Reduction
Amend KCC 6.1.2
ORDINANCE
SECTION l. -Adopt. The City hereby adopts the CTR Local Plan,
attached hereto as Exhibit "A" and incorporated herein by this reference.
A copy of the City's CTR Plan is available at the Public Works Department,
with the City Clerk, and on the City's website.
SECTION 2. -Amendment. Chapter 6.12 of the Kent City Code,
"Commute Tnp Reduction," 1s amended as follows:
CHAPTER 6.12
COMMUTE TRIP REDUCTION
Sec. 6.12.010 Short title. This chapter shall be known as the
Commute Trip Reduction (CTR) Ordinance, and may be cited as such.
Sec. 6.12.020 CTR program goals. The City's goals for
reductions in the proportions of drive-alone commute tripes and vehicle
miles traveled per employee by affected employers in the City's
jurisd1ct1on. major employment installations. and other areas designed by
the City are set forth in the City's CTR Plan adopted herein by this
reference. These goals establish the desired level of performance for the
CTR program in its entirety in Kent, including dnve-alone and VMT goals
I ' for affected employers and newly affected employers.
Sec. 6.12.030 Definitions. The following definitions shall apply
in the interpretation and enforcement of this chapter:
A. Affected employee means a full-time employee who is scheduled to
begin his or her regular work day at a single works1te covered by the
Commute Trip Reduction Plan between 6:00 a.m. and 9:00 a.m.
3 Commute Trip Reduction
Amend KCC 6.12
(inclusive) on two (2) or more weekdays for at least twelve (12)
continuous months who is not an independent contractor. Seasonal
agricultural employees. including seasonal employees of processors of
agricultural products. are excluded from the count of affected employees.
B. Affected employer means an employer that employs, at a single
works1te, one hundred (100) or more full-time employees at a single
works1te covered by the Commute Trip Reduction Plan 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. Tl'ie mdividual employees may vary during the year.
Construction worksites, when the expected duration of the construction is
less than two (2) years, are excluded from this definition. (Also see
definition of employer.)
C. Alternative mode means any -tyf:}emeans of commute transportation
other than that in which the single-occupant motor vehicle is the dominant
mode, including telecommuting and compressed work weeks schedules if
they result m reducing commute trips.
D. AlternatJVe work schedules means programs, such as compressed
work weeks, flex time, or workmg on Saturday and/or Sunday, that
eliminate work tripspeak period work trips for affected employees.
E. Base year means the twelve (12) month period Ofl wl=t1cl'i goals for
·vet:liele miles traveled (VMT) per cmplo·ree and proportion of single
occupant vehicle (SOV) trips shall be based.which commences when a
major employer is determined by the JUrisd1ct1on to be partic1pat1ng within
the CTR program. The City uses thts twelve-month period as the basis
upon which 1t develops commute trip reduction goals.
4 Commute Trip Reduction
Amend KCC 6.12
F. Base Year survey or base/me 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 works1te. The JUnsd1ct1on uses this measurement to develop commute
trip reduction goals for the major employer. The baseline measurement
must be implemented in a manner that meets the requirements specified
by the City.
G. Carpool means a motor vehicle. including a motorcycle occupied by
two (2) to six (6) people of at least 16 years of age traveling together for
their commute tnp. resulting in the reduction of a minimum of one motor
vehicle commute tnp.
fH. City means the eCity of Kent.
GI. Commute tnps means trips made from a worker's home to a
worksite with a regularly scheduled amval time of 6:00 a.m. to 9:00 a.m.
{inclus1vc)on any weekday.
J. Commute trip reduction (CTR) plan means the City of Kent's
Commute Tnp Reduction Local Plan 2008-2011. The CTR Plan 1s
referenced rn the Kent Transportation Master Plan adopted by Ordinance
No. 3883, which is an element of the Kent Comprehensive Plan. It is
adopted by this reference rn this chapter, 6.12.
H. CTR plan means the city of l<ent's plan as set forth iA this chapter to
regulate aAd administer the CTR programs of affected employers within its
Jurisdiction.
fK. Commute trip reduction (CTRl program means an employer's
strategies to reduce affected employees' drive alone commutes and
average SO\/ use and VMT per employee.
5 Commute Trip Reduction
Amend KCC 6.12
J. CTR zaRe means an area, such as a census tract or combination of
census tracts, within the city characterized by similar employment density,
level of transit service, parking availability, access to high occupancy
·1eh1cle facilities, and other factors that are determined to affect the level
of SOV commuting.
L. Commute trip vehicle miles traveled per emoloyee means the sum
of the individual vehicle commute trip lengths in miles over a set period
divided by the number of full-time employees during that period.
KM. 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 (1) work day every two (2) 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 must be an ongoing
arrangement.
N. Custom bus/buspool means a commuter bus service arranged
specifically to transport employees to work.
l::O. Dominant mode means the mode of travel used for the greatest
distance of a commute trip.
P. Drive alone means a motor vehicle occupied by one (1) employee
for commute purposes. including a motorcycle.
6 Commute Trip Reduction
Amend KCC 6.12
Q. Drtve alone trips means commute trips made by employees in single
occupant vehicles.
MR. Employee means anyone who receives financial or other
remuneration in exchange for work provided to an employer, including
owners or partners of the employer.
S. Employee transportation coordinator {ETC) means a person who is
designated as responsible for the development. 1mplementat1on and
monitoring of an employer's CTR program.
NI. Employer means a sole proprietorship, partnership, corporation,
unincorporated assoc1at1on, cooperative, JOint venture, agency,
department, district, or other individual or entity, whether public,
nonprofit, or private, that employs workers.
eu. Exemptwn means a waiver from any or all CTR program
requirements granted to an employer by the c_C_ity based on unique
cond1t1ons that apply to the employer or employment site.
PV. Flex time means an employer policy that provides work schedules
allowing 1nd1v1dual employees some flexibility in choosing the start and
end time, but not the number, of their working hours to fac1l1tate the use
of alternative modes.
~W. Full-time employee means a person, other than an independent
contractor, whose pos1t1on 1s scheduled to be employed on a continuous
basis for fifty-two (52) weeks for an average of at least th1rty-f1ve (35)
hours per week.
7 Commute Trip Reduction
Amend KCC 6.12
RX. Good faith effort means that an employer has met the minimum
requirements 1dent1fied in RCW 70.94.531, as nmN enacted or
subseeiuently amended, _and this chapter, and is also working
collaboratively with the eClty to continue its existing CTR program or 1s
developing and implementing program modifications likely to result in
improvements to its CTR program over an agreed-upon length of time.
SY. Implementation means active pursuit by an employer of the CTR
goals of RCW 70.94.521 through 70.94.55-1-~, as now enacted or
subseeiuently amended, and this chapter as evidenced by appointment of
an ETC transportation coordinator, d1stnbut1on of 1nformat1on to
employees regarding alternatives to drive alone commuting. and sev
commuting, or commencement of other measures according to its
approved CTR program and schedule.
Z. Major Emoloyer means a private or public employer, including state
agencies, that employs one hundred (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. on weekdays for at least twelve (12)
continuous months.
AA. Major employer worksite or affected emoloyer worksite or worksite
means the physical location occupied by a major employer. as determined
by the local jurisdiction.
BB. Major employment installation means a military base or federal
reservation. excluding tribal reservations. or other locations as designated
by the City. at which there are one hundred (100) or more affected
employees.
8 Commute Trip Reduction
Amend KCC 6.12
=FCC. Mode means the type of transportation used by employees, such as
single-occupant motor vehicle, rideshare vehicle (carpool, vanpool),
transit, bicycle, walking, compressed work week schedule and
telecommuting.
DD. Newly affected employer means an affected employer either moving
into the boundaries outlined in the CTR Plan or growing in employment at
a worksite to one hundred (100) or more affected employees.
EE. Notice means written communication delivered via the United States
Postal Service with return receipt requested. Service shall be deemed
sufficient three days following the day on which the notice was deposited
with the Postal Service unless the third day falls on a weekend or legal
holiday in which case the notice 1s deemed accepted the day after the
weekend or legal holiday.
ti-FF. Peak period means the hours from 6:00 a.m. to 9:00 a.m.
(inclusive), Monday through Friday, except legal holidays.
VGG. Peak period tnp means any commute trip 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.
WHH. Proportion of drive alone trips or drive alone rate siflg!c occupant
\lChide trips or SOV rate means the number of commute trips over a set
period made by affected employees in single occupancy vehicles 5eVs
divided by the number of potential trips taken by affected employees
working during that period.
9 Commute Trip Reduction
Amend KCC 6.12
~~ ---
-
--
II. Ride Matching Service means a system which assists in matching
commuters for the purpose of commuting together.
X. Single occupant veh1dc (SOV) means a motor vehicle occupied by
one (1) employee for commute purposes, including a motorcycle.
¥. Singfe occupant vehidc (SO'.!) trips means commute tnps made by
affected employees in SOVs.
Z. Single worksite means a building or group of buildings on physically
contiguous parcels of land or on parcels separated solely by pnvate or
public roadways or rights of way occupied by one or more affected
employers.
AAJJ. Telecommutmg or teleworking means the use of telephones,
computers, or other similar technology to permit an employee to work
from home, eliminating a commute tnp, or to work from a work place
closer to home, reducing the distance traveled in a commute trip by at
least half.
KK. Transit means a multiple-occupant vehicle operated on a for-hire,
shared-ride basis, including bus. passenger. ferry. rail, shared-ride taxi.
shuttle bus. or vanpool.
BBLL. Transportation demand management (TDM) means a broad range of
strategies that are primarily intended to reduce and reshape demand on
the transportation system.
€€MM. Transportation mManagement orgaRirat.'oRAssociation
(TM9!1) means a group of employers or an association representing a
group of employers in a defined geographic area. A TMGA may represent
employers within specific city limits or may have a sphere of influence that
extends beyond city limits.
10 Commute Trip Reduction
Amend KCC 6.12
NN. Vanpool means a vehicle occupied by from five (5) to fifteen (15)
people traveling together for their commute trip. resulting in the reduction
of a minimum of one motor vehicle trip.
0000. 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.
EEPP. Week means a seven (7) day calendar period starting on Monday
and continuing through Sunday.
FFQQ. Weekday means any day of the week except Saturday or Sunday.
RR. Wnting, written or in writing means original signed and dated
documents. Facs1m1le (fax) transmissions are a temporary notice of action
that must be followed by the original signed and dated document via mail
or delivery.
Sec. 6.12.0340 Responsible agentcity officials.
A. The directer ef public works director, or his/her designate.(fil7
sl'lall l'lave general charge of, and superv1sron over, tl9e administration and
enforcement of tl91s chaptcrare hereby authorized to implement this
chapter, the CTR Plan and the City CTR program-;-
B. The director of public works shall establish administrative
regulations consistent with this chapter for the purpose of enforcing and
carrying out its pro·1is1ons.
See. 6.12.040 Designatien ef CTR 2ene 111ul ltase 'jeer
11 Commute Trip Reduction
Amend KCC 6.1.2
All employers w1tl9in tl9e city's boundaries, including the c1t'f'S
potential annexation area boundaries, are located in the commute trip
reduction zone lcno't'.:n as the "South King Count'( Zone." The 1992 base
.,.ear value for the South l<mg County Zone's proportion of SOV trips sl9all
be eighty fi·o·c (85) percent. The 1992 base year value for the South l<ing
County Zone's vehicle miles traveled per employee shall be set at 9.3
miles. Commute trip reduction goals for affected employers shall be
calculated from these 1992 South l<ing County Zone values or from 'talues
determined through a baseline survey of each worksite at the time the
worl<site first becomes CTR affected. Tl9erefore, affected emplo.,·ers shall
establlsl9 a program designed to FCsult in the base year values for each
CTR affected .. -.·orksite to be reduced by the amounts and dates spcc1f1ed
in the commute trip reduction goals listed in l<CC 6.12.050.
W1lt1es.
Sec. 6.12.050 Applicability. The provisions of this Chapter shall
apply to any affected employer at any single works1te within the limits of
the City of Kent.
A. Notification of applicability.
1. In addition to the City's established public notification for
adoption of an ordinance, a notice of ava1lab1l1ty of a summary of this
ordinance, a notice of the regu1rements and criteria for affected employers
to comply with the ordinance. and subsequent revisions shall be published
at least once in the City's official newspaper not more than thirty (30)
days after passage of this ordinance or rev1s1ons.
2. Affected employers are to receive written notification that
they are sub3ect to this ordinance. Such notice shall be addressed to the
company's chief executive officer, senior official. or ETC of the worksite or
12 Commute Trip Reduction
Amend KCC 6.1.2
upon the registered agent for the affected employee. Such notification
shall provide ninety (90) days for the affected employer to perform a
baseline measurement consistent with the measurement requirements
spec1f1ed by the City.
3. Affected employers that. for whatever reason, do not receive
notice within thirty (30) days of passage of the ordinance and are either
1 notified or identify themselves to the City within ninety (90) days of the
passage of the ordinance will be granted an extension to assure up to 90
days within which to perform a baseline measurement consistent with the
measurement reguirements specified by the City.
4. Affected employers that have not been identified or do not
identify themselves within ninety (90) days of the passage of the
ordinance and do not perform a baseline measurement consistent with the
measurement regu1rements spec1f1ed by the City within ninety (90) days
from the passage of the ordinance are in violatmn of this ordinance.
5. If an affected employer has already performed a baseline
measurement. or an alternative acceptable to the City. under previous
iterations of this ordinance. the employer 1s not required to perform
another baseline measurement.
6. Any existing employer of seventy-five (75) or more
employees who obtains a business license in the City shall be required to
complete an employer assessment form, provided to the employer by the
City. to determine whether or not that employer will be deemed affected.
or non-affected, in accordance with the prov1s1ons of this chapter.
B. New affected employers.
13 Commute Trip Reduction
Amend KCC 6.12
1. Employers that meet the definition of "affected employer" in
this chapter must 1dentify themselves to the City within ninety (90) days
of either moving into the boundaries outlined in the CTR Plan or growing in
employment at a works1te to one hundred (100) or more affected
employees. Employers who do not identify themselves within ninty (90)
days are in violation of this ordinance.
2. Newly affected employers identified as such shall be given
ninety (90) days to perform a baseline measurement consistent with the
measurement requirements spec1f1ed by the City. Employers who do not
perform a baseline measurement within ninety (90) days of receiving
written not1f1cat1on that they are subject to this ordinance are m violation
of this ordinance.
3. Not more than ninety (90) days alter receiving written
, notification of the results of the baseline measurement, the newly affected
J employer shall develop and submit a CTR Program to the City. The
program will be developed m consultation with the City staff appointed by
the Public Works Director to be consistent with the goals of the CTR Plan.
The program shall be implemented not more than ninety (90) days alter
approval by the City. Employers who do not implement an approved CTR
Program according to this schedule are in violation of this ordinance and
subject to the penalties outlmed in KCC 6.12.120.
C. Change in status of an affected employer. Any of the following
changes 1n an employer's status will change the employer's CTR program
requirements:
1. If an employer initially designated as an affected employer no
longer employs one hundred (100) or more affected employees and
expects not to employ one hundred (100) or more affected employees for
14 Commute Trip Reduction
Amend KCC 6.12
, the next twelve (12) months. that employer is no longer an affected
employer. It is the respons1b1llty of the employer to notify the City that it
is no longer an affected employer. The burden of proof lies with the
employer.
2. If the same employer returns to the level of one hundred
(100) or more affected employees within the same twelve (12) months,
that employer will be considered an affected employer for the entire
twelve (12) months and will be sub1ect to the same program requirements
as other affected employers.
3. If the same employer returns to the level of one hundred
(100) or more affected employees twelve (12) or more months after its
change 1n 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.
Sec. 6.12.959 Cemmute trip redt1etie" goals. Affected employers
shall achieve the following reductions m vehicle miles traveled per
employee as ;Nell as in the proportion of single occupant \/ehicle trips as
determined by the 1992 base year values for South l<ing County CTR
Zone, 1f the employer met the "affected employer" definition in 1992, or
through the employer's initial baseline survey conducted at the worksitc:
A. Fifteen (15) pef€ent reduction after two (2) years.
B. Twenty (20) percent reduction after four (4) years.
C. T·Nenty five (25) percent reduction after six (6) years.
D. Thirty five (35) percent reduction after twelve (12) years.
15 Commute Trip Reduction
Amend KCC 6.12
Sec. 6.12.969 Applieahility. Employees will onl'p' be counted at
tl<le1r primary v·mrks1te. H'le follmNing class1f1cations 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 worksites v.·hen the expected
duration of the construction 1s less than two (2) years. The provisions of
this chapter shall apply to any affected employer at an'p' single works1te
within the corporate limits of the city of l<ent.
A. NotifJCDtJon of a"fJ(JlfcabiHty.
1. The city '•\'ill use its best efforts to provide writteF1 r=tetif1cation
to knovm affected employers located within the city that they arc subject
to this chapter w1thm thirt'y' (30) days after passage of the ordinance
codified 1n this chapter. Such notice shall be addressed to the compan'p''s
chief executive officer, senior off1c1al, or CTR manager at the works1te.
2. If affected employers do not receive notice within thirty (30)
days of passage of the ordinance codified in this chapter, the city may
grant an extens1or1 of up to one hur1drcd eighty (180) days within which to
dC'vclop and submit a CTR program.
3. If an affected employer has not been 1dent1f1ed or docs not
identify itself 'it' Ith in one hundred eighty ( 180) days of the effective date of
the ordinance codified in this chapter or if the affected employer does not
submit a CTR prograffi w1tt'lin one huridred eighty (180) days froffi the
effectr~·e date of tt:ie ordinaF1ce, tl=:iat employer is in v1olat1on of this
chapter.
4. Afly existing employer of seveF1ty f1•1e (75) er more
employees who obtains a busmess license in the city shall be required to
complete an employer assessment form, provided to the employer by tt'le
city, to determine whether or not that employer ·.viii be deemed affected,
or FIOFI affected, m accordance w1tt'I the prov1s1ons of this chapter.
B. New affected employers.
16 Commute Trip Reduction
Amend KCC 6.12
1. A'otice ta eity. Employers that meet the def1f'lit1on of "affected
employer" in this chapter must identify themselves to the city 't'•"lthifl one
hundred eighty ( 180) days of either moving into the boundaries of the cit'!
of l<eflt or growmg in employmeflt at a works1te to one hundred (100) or
more affected employees. These employers shall be given one hundred
eighty (180) days to develop and submit a CTR program.
2. Violat.·of1. Employers that do not identify themselves within
oAe hundred eighty (180) days shall be deemed IFl violation of this
chapter.
3. Rcductlof1 goa.'s. Newly affected employers shall have two (2)
years to meet the first CTR goal of a fifteen (15) percent reduction in
proportion of single occupant vehicle (SOV) trips or vehicle miles travcleel
(VMT) per person; four (4) years to meet the second goal of a twenty (20)
percent reeluct1on; six (6) years to meet the third goal of a twenty five
(25) percent reduction; and twelve (12) years to meet the fourth goal of a
thirty five (35) percent reduction, from the time they submit an approved
CTR program.
C. Chaf1gc if1 status of an affected employer.
1. If an employer 1rntially designated as an affected employer no
longer employs one flunelreel (100) or more affected employees and
expects not to employ one hundred (100) or more affected employees for
the next twelve (12) months, that emplo.,·er 1s no longer an affected
employer.
2. If the same em13loyer returns t:o the level of one huAdrcd
(100) or more affecteel employees ·.v1thm the same twelve (12) months,
that employer will be corisidered ari affected employer for the entire
twelve (12) months and will be subject to the same program reeiu1rements
as other affected employers.
3. If the same employer retuFF1s t:o the level of one l=luAdred
(100) or more affected employees t'rl'•'cl\'e (12) or more months after its
change 1n status to a nori affected em13loyer, that employer shall be
17 Commute Trip Reduction
Amend KCC 6.12
Sec. 6.12.0-1-§0 Mfeeted emplO"fer's re'lttirements and
reporti"gReguirements for emoloyers. An affected employer is
required to make a good faith effort. as defined in RCW 70.94.534(2) and
this ordinance. to develop and implement a CTR program that will
encourage its employees to reduce VMT per employee and 5e-Vdrive alone
commute trips. The affected employer shall submit a description of its
program to the city and shall provide an annual progress report to the city
on employee commuting and progress toward meeting its SOV goals. The
CTR program must include the following mandatory elements described
belm.v:
A. Mandatory p/!.rogram eElements and Implementation Requirements.
CTR programs submitted by affected employers shall, at a minimum,
include the following mandatory elements: Employers are required to
make a good faith effort to achieve the goals 1dent1fied in KC 6.12.060.
Each employer's CTR program shall include the following mandatory
elements:
1. Employee Transoortation CoordinatorTransportation
coordinator. The affected employer shall designate an Employee
Transportation Coordinator (ETC)a transportation coordinator to
administer the CTR program. The ETC coordinator's name, location, and
work telephone number must be prominently displayed, physically or
electronically, -at each affected works1te. The coordinatorETC shall oversee
all elements of the employer's CTR program and act as liaison between the
18 Commute Trip Reduction
Amend KCC 6.12
I employer and the eCity. AA affected employer 'v'v'lth multiple sites may
have or1e (1) trar1sportatior1 coordiAator f'or all sites.
2. Information tlDistribution. Information about alternatives to
59Vdrive alone commuting as well as a summary of the employer's CTR
Program shall be provided to employees at least once a year and to new
employees at the time of hire. The summary of the employer's CTR
Program at the time of hire shall also be submitted to the City with the
employer's program description and regular report.This shall ir1clude, but
rrnt be limited to, a summary of the employer's program and the name
aAd phone number of the transportation coordir1ator. Affected employers
must also provide a summary of their program to all ACW employees at
U1e time of hire. Each employer's program description and annual report
must report the mformatioA to be distributed and the method of
d1stnbutioA.
B. Add1t1onal Program Elements. In addition to the specified program
clements described above. the employer's CTR program shall include
additional elements as needed to meet the CTR goals. 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 to implement program elements.
Elements may include, but are not limited to. one or more of the
following:
1. Preferential parking for high-occupancy vehicles:
2. Reduced parking charges for high-occupancy vehicles:
3. Increasing parking charges for drive alone commuters;
19 Commute Trip Reduction
Amend KCC6.12
4. Commuter ride matching services to facilitate employee
ridesharing for commute trips;
5. Subsidies for rail, transit, or vanpool fares and/or transit
passes;
6. Vans or buses for employee ridesharing:
7. Subsidies for carpools. walking. bicycling. teleworking. or
compressed schedules:
8. Incentives for employees that do not drive alone to work:
9. Use of the employer's vehicles for carpooling or vanpooling:
10. Flexible work schedules to facilitate employees' use of transit,
carpools. or vanpools:
11. Additional regular or express service to the works1te. in
cooperation with transit service providers;
12. Special loading and unloading facilities for transit, carpool,
and vanpool users;
13. Bicycle parking facilities. lockers. changing areas, and
showers for employees who bicycle or walk to work;
14. A program of parking incentives such as a rebate for
employees who do not use the parking facilities:
20 Commute Trip Reduction
Amend KCC 6.12
I 1s. Program(s) to permit employees to work part or full-time at
home or at an alternative works1te closer to their homes which reduces
commute tnps;
16. Program(s) of alternative work schedules, such as a
compressed work week. which reduces commute trips~
17. Other measures designed to facilitate the use of high-
occupancy vehicles. such as on-site day care fac1l1t1es, emergency taxi
services. or guaranteed nde home programs:
18. Elimination of free parking: and
19. Other measures that the employer believes will reduce the
number and length of commute trips made to the site.
C. CTR Program Report and Description. Affected employers shall
review their program and file a regular program report and description on
the forms provided by the City.
1. General. The CTR Program Report and Description outlines
the strategies to be undertaken by an employer to achieve the commute
trip reduction goals for the reported period.
2. Minimum Requirements. At a minimum, the employer's CTR
Program Report and Descnpt1on must include:
a. a general description of the employment site location,
transportation characteristics, employee parking availability, on-site
amenities. and surrounding services;
21 Commute Trip Reduction
Amend KCC 6.12
b. the number of employees affected by the CTR program
and the total number of employees at the site;
c. documentation on compliance with the mandatory CTR
program elements (as described in Section 6.12.060(A));
d. description of any additional elements included in the
employer's CTR program (as described in Section 6.12.060 (B)); and
e. a statement of organizational commitment to provide
appropriate resources to the program to meet the employer's established
goals.
3. Annual progress report. The CTR program must include an annual
review of employee commuting and progress in the form of an annual
progress report. This report must demonstrate good faith efforts toward
meeting the SOV and VMT reduction goals. Affected employers shall file an
annual progress report with the city in accordance 'lt'1th the format
established by this chapter and consistent 'N1th the CTR task force
guidelines. The report shall describe each of the CTR measures that 'NCre
in effect for the previous year, the results of any commuter surveys
· undertaken during the year, and the number of employees part1c1patmg in
CTR programs. Survey information or approved alternative mformat1on
must be provided in the reports submitted in the second, fourth, sixth,
eighth, tenth, and t'tNelfth years after implementation begins. The
employer should contact the city for the format of the report.
4. Adcht10nal program c/ements. In addition to the program clements
described above, affected employer's CTR programs shall include a set of
additional measures designed to meet CTR goals. These add1t1onal
measures must receive prior written apprm1al from the city. A list of
22 Commute Trip Reduction
Amend KCC 6.12
suggested additioF1al clements are descnbed in RCV·i 70.94.531 aF1d are
available from the city.
D. Biennial Measure of Employee Commute Behavior. In addition to
the 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 (2) years, and strive to achieve at least
a 70% response rate from employees at the works1te.
Sec. 6.12.0870 Record keeping. Affected employers shall
maintain a copy of their approved CTR Program Description and Report,
their CTR Program Employee Questionnaire results. and all supporting
documentation for the descriptions and assertions made in any CTR report
to the City for a minimum of forty-eight (48) months all records of their
CTR program foF a penod of at least four (4) 't'CaFs or until authorized by
the city to dispose of such records. All records shall be made available to
the city upon reasonable request for the purposes of re"llew1F1g program
progress and/or compiling summary reports and analysis.
Sec. 6.12.0980 Schedule and process for CTR program
submittal, review and implementatiandescription and report.
A. CTR program submittal. Affected employers shall develop a CTR
program and submit a dcscnptioA of that program to the city of l<cflt for
approval ·within ofle huAdred eighty (180) days from the date the
employer qualifies as aA affected employer. Document Review. CTR
program reports must be approved by the City. The City shall provide the
employer with written notification 1f a CTR program does not meet the
minimum program requirements (Section 6.12.060). The City may extend
the review period up to 90 days. The 1mplementat1on date for the
employer's CTR program will be extended on equivalent number of days.
23 Commute Trip Reduction
Amend KCC 6.12
B. CTR aF1F1E:JBf pr:egress reports. Upon re1l-iew of an affected employer's
iflitial CTR program, the dty shafl estabhsh that employer's anflua/
reporting date, which shaH not he Jess thaFI tw·clve (12) months from the
day the program is submitted. Each year on that employer's annual
reportmg date, the employer shaH submit its armua/ CTR report to the city.
Schedule. Upon review of an employer's initial CTR program, the City
shall establish the employer's regular reporting date. This report will be
provided 1n a form provided by the City consistent with (Section 6.12.060
LQ1.
C. Modification of CTR program elements. Any affected employer may
submit a request to the City for modification of CTR requirements. Such
request may be granted 1f one of the following cond1t1ons exist:
1. The employer can demonstrate it would be unable to comply
with the CTR program elements for reasons beyond the control of the
employer. or
2. The employer can demonstrate that compliance with the
' program elements would constitute an undue hardship.
The City may ask the employer to substitute a program element of s1m1lar
tnp reduction potential rather than grant the employer's request.
CTR program rmr-icw. The city shall provide the employer ·,•.,ith 'tYr1tten
notification 1f the city determines that a CTR program is unacceptable. The
notification must give cause for any rejection. If the employer receives no
vmtten notification of extension of the review period of its CTR program,
or receives no comment on the CTR program or annual report within
ninety (90) days of the employer's submission, the affected employer's
program or annual report 1s deemed accepted. The city of l<ent may
24 Commute Trip Reduction
Amend KCC 6.12
extend review periods up to an add1t1onal ninety (90) days. The
implementation date fur the emplo.,.er's CTR program will be extended an
equivalent number of days.
D. Extensions. An employer may request add1t1onal time to submit a
CTR Program Description and Report. or to implement or modify a
program. Such requests shall be via written notice at least thirty (30)
days before the due date for which the extension is being requested.
Extensions not to exceed ninety (90) days shall be considered for
reasonable causes. The City shall grant or deny the employer's extension
request by written notice within ten (10) working days of its receipt of the
extension request. If there is no response issued to the employer. an
extension 1s automatically granted for thirty (30) days. Extensions shall
I 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 regular 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 City.
Modif1cat1ons shall be made in accordance with section 6.12.080(C).
E. Implementation of Employer's CTR Program. Unless extensions are
granted, the employer shall implement its approved CTR Program,
including approved program mod1f1cat1ons, not more than ninety (90) days
after rece1v1ng written notice from the City that the program has been
approved.
Sec. 6.12.090 Compliance. For purposes of thjs Chapter.
compliance shall mean:
25 Commute Trip Reduction
Amend KCC 6.12
1. Fully implementing in good faith all mandatory program
elements as well as provisions in the approved CTR Program Description
and Report:
2. Providing a complete CTR Program Description and Report on
the regular reporting date: and
3. Distributing and collecting the CTR Program Employee
Questionnaire during the scheduled survey time period.
Sec. 6.12.100 Madificatiorts of CTR requirementsProgram
Modification Criteria. . Any affected employer may submit a request to
tl'le city for modification of its CTR program elements, otl'ler than the
mandatory elements, mcludmg record keeping requirements. Tl'le city
may, at its option, graRt tl'l1s mod1f1cat1on request 1f one (1) of tl'lc
I follO'o'i'ing conditions exists:
A. 1. Excffl"{Jtions. Affected employers may request an
exemption from any or all CTR program elements at a particular 'Norksite.
The public works director may grant an exemption 1f tl'le affected employer
can demonstrate it faces an extraordinary circumstance and is unable to
implement measures tl'lat could reduce tl'le portion of SOV trips and VMT
per employee. The city shall annually review all employer exemptions, and
sl'lall determine whether the exemptions v.·111 continue to be in effect during
the follmNmg program year.
2. Employee ExefflfJtfons. The city ma'f exempt specific
employees or groups of employees who arc required to drive alone to
worlc as a cond1t1on of employment from a works1te's CTR program. The
city may also grant exemptions for employees who work variable shifts
throughout the year and who do not rotate as a group to 1dent1cal shifts.
The city will use the cnteria identified in the CTR task force guidelines to
assess the validity of employee exemption requests. The c1t·f of Kent shall
26 Commute Trip Reduction
Amend KCC 6.12
revimv aru=iually all employee exemption requests aFld shall determine
'li'hether t19e exemptioFI will be in effect during the followmg program year.
B. Goal modlfica#:ion. An affected emple1·er FAa'f request a
modification of its CTR program geals. These requests shall be filed in
writmg at least sixty (60) days prior to the date the 'li'Orksite is required to
submit its program etescnpt1on or aF1nual report. The FAoet1ficatior1 request
FAust clearly explam why the affecteet employer 1s ur1able to achieve t19e
applicable goal. The affected employer should also dcmor1strate that it has
1mplemer1ted all of the elements contamed m its approved CTR program.
The city will review, graAt, or deny requests for goal mod1f1cat1ons in
accordance with procedures and criteria identified iFI the CTR task force
guidelines. AFI affected employer FAay not request a modification of tl9e
applicable goals until eAe (1) year after the city approves its iA1t1al
program descriptioFt or annual report.
C. Program modffieBtmn. The following criteria for achieving
goals for VMT per employee and proportion of 59Vdrive alone trips shall
be applied rein determinem.g requirements for CTR program modifications:
-!A. If an affected employer meets either or both goals, the
employer has sat1sf1ed 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 ordinance, but has not met the applicable drive
alone or VMT goal, no add1t1onal modifications are required., but has not
met or is Ftot likely to meet the applicable SOV or VMT goal, the city shall
27 Commute Trip Reduction
Amend KCC 6.12
·.verk eellaborativcly with the employer to make modifications to its CTR
program. After agreemg on mod1ficat1ons, the employer shall submit a
revised CTR prograFA description to the city fer approval w·1thm thirty (30)
days of reaching agreement.
___ .;c. If an employer fails to make a good faith effort as defined in
RCW 70.94.534(2) and this ordinance. and fails to meet the applicable
59Vdrive alone or VMT reduction goal, the eCity shall work collaboratively
, with the employer to 1dentrfy modif1cat1ons to the CTR program and shall
direct the employer to revise its program within thirty (30) days to come
into compliance with the measures defined by RCW 70.94.534(2),
incorporate the modifications. In response to the recommended
mod1ficat1ons, the employer shall submit a revised CTR program
description, including specified recommended the requestedprogram
modifications_. _-In response to the recommended modif1cat1ons. the
employer shall submit a revised CTR Program Description and Report.
including the requested modifications or equivalent measures, within thirty
(30) days of receiving written notice to revise its program. The eCity shall
review the revisions and notify the employer of acceptance or reJect1on of
the modif1edrevised program. If a modif1edrevised program is not
accepted, the e.C1ty will send written noti:fyce to theat effect to the
employer within thirty (30) days and, if necessary, require the employer
to attend a conference meet with etty--program review staff for the purpose
of reaching a consensus on the required program. A fmal decision on the
required program will be issued in writing by the eCity within fourteenten
(14Q.) working calendar days aftet=of the conference.
D. f'.4edification of CTR fJFOf!r-Bffl eitefflents. AFl'f aff.eeted em13loyer may
request moel1ficat1on of an approved CTR prograFA clement. Requests may
be granted unelcr the following conditions:
28 Commute Trip Reduction
Amend KCC 6.12
1. The affected employeF demonstrntes that it is unable to implement
one (1) OF moFe pFogram element(s) foF Feasons beyond its control;
2. The affected cmployeF demonstrntes that implementation of a
pFogrnm clement would cause undue haFdship; OF
3. The affected employer demonstrates that a substitute element
·would be as effective or more effective than the pFev1ously approved
program element.
E. Extensions. An affected em13loyer may re£:!uest additional time to
submit a CTR program or CTR annual progress report, or to implement or
modify a program. The employeF must submit its request in wnting befoFe
the due date of the progrnm, mod1ficat1on OF annual re13ort. Extensions not
to exceed ninety (90) days shall be consideFed for reasonable causes.
EmployeFS iNlll be limited to a total of ninety (90) extension days peF year.
Extensions shall not exempt an em13lo·teF from any Fespons1b1l1ty to meet
13rngram goals. Extensions granted due to delays or d1fflcult1es with any
progmm cleFRent(s) shall not be cause foF discontinuing or failing to
impleFRent otheF progFam eleFRents. HmNeveF, an eFRployer's annual
Feporting 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 city.
See. 6.12.110 Credits.
A. Credit for programs implemented prior to the base year. Affected
employeFs vvith successful transportation demand manageFRent (TDM)
programs in effect pnor to the employer's 'NOrksite base year FRay be
el1g1ble to apply for program exemption credit, which may exempt them
froFR most program requirements. Affected employers \N1shmg to receive
credit for existing TDM efforts may do so by applying to the city's public
works director. Appl1cat1on for credit should include data from a survey of
employees or equivalent to establish the applicant's VMT per employee
and proportion of SOV trips. The survey or equivalent data shall conform
29 Commute Trip Reduction
Amend KCC 6.12
to all applicable standards established by the CTR task force gu1deliHes.
The employer shall be c0Hs1dered to have met the first measuremef1t goals
if their VMT per employee and proportion of SOV trips are equivalent to a
twelve (12) percent or greater reduction from the final base year South
King County CTR Zone values. This three (3) percentage point credit
(t't't'elve (12) percent, rather than fifteen (15) percent goal) applies only to
the first measurement goals.
B. Ct'er:Rt for a!terf1ate work sched1:1les, telecemmutiRg, tJ;eydiRg aRd
vta!kirtg by affected employees. In the calculat1of1 of SOV rate and VMT per
employee, commute trips eliminated through alternative work schedules,
telecommuting, bicycling and walking ,..,111 count as 1.2 vehicle trips
el1m1nated.
Sec. 6.12.129 Enforcel'l'lent.
A. Comphaf1cc. Compliance means submitting required reports and
documentation at prescribed times and fully implementing m good fatth all
provisions in an accepted CTR program or otherv.·ise meeting or exceeding
VMT and SOV goals of this chapter.
B. OvN ·,.Jo,'atloRs. Tl9e following shall constitute a civil violation of this
ctiapter:
1. Failure to submit a complete CTR program within the specified
dead Imes;
2. Failure to impleffleAt an approved CTR program;
3. Failure to submit an anRual CTR report;
4. Failure to make a good faith effort;
5. Subm1ss1on of fraudulent data;
6. Failure to revise or modify a CTR pFOgram found to be unacceptable
by the city.
30 Commute Trip Reduction
Amend KCC 6.1.2
Sec. 6.12.110 Violations. Any one or more of the following
constitute violations of this Chapter:
C. Penalties.
1. No affected employer witn an apprmred CTR program 'Nhich has
made a good faith effort may be held liable for failure to reach the
applicable SOV or VMT goal.
2. The penalty for violations in subsection (B) of tnis section shall be
assessed by the public 'Norks director in an amount not to exceed two
hundred fifty dollars ($250) per day and shall be considered a Class 1 c1v1l
infraction pursuant to RCW 7.80.120.
3. Affected employers shall not be liable for monetary penalties if
failure to implement an clement of a CTR program was the result of an
inabrlrty to reach agreement with a ccrt1f1ed collective bargaining unit
under applicable laws, 1f the issue 'NOS raised by the employer and
pursued in good faith. Unionized employers shall be presumed to act in
good farth compliance 1f they:
a. Propose to a recognized union any prov1s1on of the employer's CTR
program that is subject to bargaining as defined by the ~~ational Labor
Relations Act; and
b. Advise the union of the existence of the statute and tnc mandates
of the CTR program appro·1ed by the city of l<ent and advise the union that
the proposal being made is necessary for compliance with state lmv.
A. Failure to self identify as an affected employer and/or to provide the
baseline measurement as required by Sections 6.12.040 (A) and CB).
B. Failure to develoo and/or submit, on time. a complete CTR program.
C. Failure to implement an approved CTR program, unless the program
elements that are carried out can be shown through quant1f1able evidence
31 Commute Trip Reduction
Amend KCC 6.12
to meet or exceed VMT and drive alone goals as specified in this
Ordinance.
D. Submission of false or fraudulent data in response to survey
requirements.
E. Failure to make a good faith effort. as defined in RCW 70.94.534
and this ordinance.
F. Failure to revise a CTR program as required by RCW70.94.534(4)
and this Chapter.
D. Cof-fcction. All penalties due and unpaid under this chapter may be
collected by civil action, '1Nhich remedy shall be 1n add1t1on to any and all
other existing remedies and penalties.
Sec. 6.12.120 Penalties.
A. No affected employer with an approved CTR program which has
made a good faith effort may be held liable for failure to reach the
applicable drive alone or VMT goals;
B. Each day of violation shall constitute a separate violation and shall
be sugject to penalties 1n the amount assessed for Class 1 Civil Infractions
set forth in RCW 7.80.120 (l)(a).
C. An affected employer shall not be liable for penalties if failure to
implement an element of a CTR program was the result of an inability to
reach agreement with a certified collective bargaining agent under
applicable laws where the issue was raised by the employer and pursued
in good faith. Unionized employers shall be presumed to act in good faith
compliance if they:
32 Commute Trip Reduction
Amend KCC 6.12
1. Propose to a recognized union any provision of the
employer's CTR program that 1s subJect to bargaining as defined by the
National Labor Relations 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.
Sec. 6.12.130 Exemptions and Goal Modifications.
A. Worksite Exemptions. An affected employer may request the City
to grant an extension from all CTR program requirements or penalties for
a particular works1te. The employer must demonstrate that 1t would
experience undue hardship in complying with the requirements of the
ordinance as a result of the characteristics of its business, its work force,
or its location(s). An exemption may be granted 1f and only if the affected
employer demonstrates that it faces extraordinary circumstances. such as
bankruptcy, and is unable to implement any measures that could reduce
the proportion of drive alone trips and VMT per employee. Exemptions
may be granted by the City at any time based on written notice provided
by the affected employer. The notice should clearly explain the cond1t1ons
for which the affected employer is seeking an exemption from the
requirements of the CTR program. The City shall grant or deny the
request within thirty (30) days of receipt of the request. The City shall
review annually all employers rece1v1ng exemptions, and shall determine
whether the exemption will be in effect during the following program year.
B. Emoloyee Exemptions. Specific employees or groups of employees
who are required to drive alone to work as a cond1t1on of employment may
be exempted from a works1te's CTR program. Exemptions may also be
33 Commute Trip Reduction
Amend KCC 6.12
granted for employees who work variable shifts throughout the year and
who do not rotate as a group to 1dent1cal shifts. The City will use the
criteria 1dentif1ed in the CTR Board Administrative Guidelines to assess the
validity of employee exemption requests. The City shall grant or deny the
request within 30 days of receipt of the request. The City shall review
annually all employee exemption requests. and shall determine whether
the exemption will be in effect during the following program year.
C. Modification of CTR Program Goals.
1. An affected employer may request that the City modify its
CTR program goals. Such requests shall be filed in writing at least sixty
(60) days prior to the date the works1te is reqU1red to submit its program
description or annual report. The goal mod1ficat1on reguest must clearly
explain why the works1te 1s unable to achieve the applicable goal. The
works1te must also demonstrate that 1t has implemented all of the
elements contained in its approved CTR program.
2. The City will review and grant or deny requests for goal
mod1f1cat1ons m accordance with procedures and criteria 1dent1f1ed in the
CTR Board Guidelines.
3. An employer may not request a modification of the applicable
goals until one year after City approval of its initial program description or
annual report.
Sec. 6.12.1-340 Appeal of administrative decisions.
A. Affected employers shall be notified in writing of the eCity's decision
regarding unacceptable programs, exemptions, modification of goals,
mod1ficat1on of CTR program elements, and violations.
34 Commute Trip Reduction
Amend KCC 6.12
B. Employers shall have thirty (30) days following notification by the
eClty 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 Ch. 2.32 KCC. The hearing examiner's decision
shall represent final action by the eCity, unless an appeal 1s made to the
superior court of King County within ten (10) working days after issuance
of such dec1s1ons.
g
SECTION 1(. -Savings. The existing chapter 6.12 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
¢_
SECTION $. -Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconst1tut1onal
or invalid, such dec1s1on shall not affect the val1d1ty of the remaining
portion of this ordinance and the same shall remain in full force and effect.
s
SECTION,j: -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
. --.... -
-.... -... .!"'
.. -....... . /, ......... -··... /
APPROVED AS TO FORM:
35 Commute Trip Reduction
Amend KCC 6.12
PASSED: . .:::'2._ day of _ ___,,.,~=...L--=....::=----1 2009.
APPROVED: ~ day of __ -,A--=....:....~.;;;__---1 2009.
PUBLISHED: b day of __ ~=-..:c~=---r 2009.
I hereby certify that this is a true copy of Ordinance No. , g9/ 7
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P \C1V1llOrdinance\ConunutoTnpReduct1on6 12 docx
...--......... ---~ ... .... . -........ ... .-
--... .__ __.._, --..:::.-: -
.... ' __.. ... --~~ ---..:. .:... .:... -.... -'~
.... -..::-... ..... · / .. ~ .........
36 Commute Trip Reduction
Amend KCC 6.12