014-08 - Ordinance - Amending Chapter 10.86 Commute Trip ReductionORDINANCE NO. 014-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 10.86 "COMMUTE TRIP REDUCTION" (CTR) PURSUANT
TO CHAPTER 70.94 RCW AND THE GUID€LINES ESTABLISHED BY
THE CTR BOARD
WHEREAS, RCW 70.94.52.7 requires cities to develop, implement and adopt Commute
Trip Reduction (CTR) plans and ordinances to reduce single -occupant vehicle commute trips;
and
WHEREAS, The City of Port Orchard together with Kitsap County and other cities
entered into an Interlocal Agreement designating Kitsap Transit as the lead agency responsible
for developing and implementing CTR plans within Kitsap County and its cities; and
WHEREAS, state law requires that local CTR plans and ordinances be consistent with
the guidelines established by the CTR Board; and
WHEREAS, the CTR Board has issued a new model ordinance; and
WHEREAS, the City Council finds that the amendments set forth in this Ordinance are
consistent with RCW 70.94.521 — 555, as amended; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Muncipal Code Chapter 10.86 table of contents is hereby
amended as follows:
Sections:
10.86.020
10.86.030
10.86.033
10.86.035
10.86.040
10.86.050
10.86.060
10.86.070
10.86.080
10.86.090
10.86.100
10.86.110
10.86,115
Definitions.
City of Port Orcahrd's CTR plan.
Commute trip reduction goals.
Commute trip reduction goals for affected employers.
Responsible agency.
Applicability.
Notification of applicability.
Requirements for affected employers.
CTR zone, base year values and goals.
Credit for commute trip reduction efforts.
CTR program review and annual reports.
Extensions.
Implementation of employer's CTR program.
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10,86.120 Enforcement.
10.86.130 Violation — Penalty.
10.86.140 Adjudicative procedure.
10.86.150 Appeals.
SECTION 2. Port Orchard Municipal Code Section 10.86.020 is hereby amended as
follows:
10.86.020 Definitions.
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 single worksite covered by the Commute Trip
Reduction Plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more
weekdays per week for at least 12 continuous months who is not an independent
contractor. The following classifications of employees are excluded from the
definition of affected employees:
(a) Seasonal agriculture employees, including seasonal
employees of processors of agriculture products; and
(b) Employees of construction worksites when the expected
duration of the construction is less than two years.
(2) "Affected employer" means a public or private employer that
employs 100 or more affected employees.
(3) "Alternative commute mode" refers to any means of commuting,
other than that in which the single -occupant vehicle is the dominant mode.
Telecommuting and compressed work week schedules are considered alternative
commute modes, if they result in reducing commute trips.
(4) "Alternative work schedules" are programs such as compressed
work week schedules that eliminate commute trips for affected employees.
(5) "Base year" means the twelve month period which commences
when a major employer is determined by the jurisdiction to be participating
within the CTR program. The city uses this twelve month period as the basis
upon which it develops 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 city 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.
(7) "Carpool" means any motor vehicle, including a motorcycle,
occupied by two to six people of at least 16 years of age traveling together for
their commute trip that results in the reduction of a minimum of one motor
vehicle commute trip.
(8) "Commute trips" mean trips made from a worker's home to a
worksite (inclusive) on weekdays.
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(9) "CTR" is the abbreviation of commute trip reduction.
(10) "Commute trip reduction (CTR) goals" means the goals
established by the state CTR law and the CTR Board Guidelines for affected
employers.
(11) "Commute trip reduction (CTR) plan" means the city's plan which
is designed to achieve reductions in the proportion of single -occupant vehicle
(SOV) commute trips and the commute trip vehicle miles traveled (VMT) per
affected employees of affected public and private sector employers within the
city.
(12) "Commute trip reduction (CTR) program" means an employer's
strategies to reduce employees' drive alone commutes and average VMT per
employee.
(13) "Commute Trip Reduction (CTR) Board Guidelines" means the
official guidelines to Chapter 70.94 RCW developed by the Washington State
Commute Trip Reduction Board. (RCW 70.94.537)
(14) "Commute trip reduction (CTR) zone" means an area, such as a
census tract or combination of census tracts, within the city, characterized by
similar employment density, population density, level of transit service, parking
availability, access to high occupancy vehicle facilities, and other factors that are
determined to affect the level of SOV commuting.
(15) "Commute trip vehicle miles traveled per employee" 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.
(16) "Commuter ride matching service" means a system that assists in
matching commuters for the purpose of commuting together.
(17) "Compressed work week" means an alternative work schedule, in
accordance with employer policy, that regularly allows a full-time employee to
eliminate at least one work day every two weeks by working longer hours during
the remaining days, resulting in fewer commute trips by the employee. This
definition is primarily intended to include weekly and bi-weekly arrangements,
the most typical being four 10-hour days or 80 hours in nine days, but may also
include other arrangements.
(18) "Custom bus/buspool" or "worker/driver bus" means a commuter
bus service arranged specifically to transport employees to work.
(19) "Day(s)" means calendar day(s).
(20) "Dominant mode" means the mode of travel used for the greatest
distance of a commute trip.
(21) "Drive alone" means a motor vehicle occupied by one employee
for commute purposes, including a motorcycle.
(22) "Drive alone trips" means commute trips made by employees in
single occupant vehicles.
(23) "Effective date" means the date the initial ordinance codified in
this chapter was effective.
(24) "Employee transportation coordinator (ETC)" means a person who
is designated as responsible for the development, implementation and monitoring
of an employer's CTR program.
(25) "Employer" means a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture, agency, department,
district or other individual or entity, whether public, nonprofit or private, that
employs workers.
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(26) "Exemption" means a waiver from any or all CTR program
requirements granted to an employer by Kitsap Transit based on unique
conditions that apply to the employer or employment site.
(27) "Flex -time" is an employer policy allowing individual employees
some flexibility in choosing the start and end time, but not the number, of their
working hours to facilitate the use of alternative commute modes.
(28) "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.
(29) "Good faith effort" means that an employer has met the minimum
requirements identified in this chapter and in RCW 70.94.531, and is working
collaboratively with Kitsap Transit to continue its existing CTR program or is
developing and implementing program modifications likely to result in
improvements to its CTR program over an agreed upon length of time.
(30) "Hearing examiner" means a member of the Washington State Bar
Association.
(31) "implementation" or "implement" means active pursuit by an
employer to achieve the CTR goals of RCW 70.94.521-555 and this chapter as
evidenced by appointment of an employee transportation coordinator (ETC),
distribution of information to employees regarding alternatives to drive alone
commuting, and commencement of other measures according to its approved
CTR program and schedule.
(32) "A major employer" means a private or public employer, including
state agencies, that employs one hundred 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 continuous months.
(33) "Major employer worksite" or "affected employer worksite" or
"worksite" means the physical location occupied by a major employer, as
determined by the local jurisdiction.
(34) "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 or more affected employees.
(35) "Mode" refers to the means of transportation used by employees,
such as single -occupant vehicle, carpool, vanpool, transit, ferry, bicycle and
walking, compressed work week schedule and telecommuting.
(36) "Newly affected employer" is an employer that is not an affected
employer upon the effective date but becomes an affected employer subsequent
to said date.
(37) "Notice" means written communication delivered via the United
States Postal Service with receipt deemed accepted three days following the day
on which the notice was deposited with the Postal Service, unless the third day
falls on a weekend or legal holiday, in which case the notice is deemed accepted
the day after the weekend or legal holiday.
(38) "Peak period" means the hours from 6:00 a.m. to 9:00 a.m.
(inclusive), Monday through Friday, except legal holidays.
(39) "Peak period trip" means any commute 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.
(40) "Presiding officer" means a person or persons designated by
Kitsap Transit to hear and determine a contested notice of civil infraction.
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Page 5 of 18
(41) "Proportion of drive alone trips" or "drive alone rate" means the
number of commute trips over a set period made by employees in single
occupancy vehicles divided by the number of potential trips taken by employees
working during that period,
(42) "Ride matching service" means a system which assists in matching
commuters for the purpose of commuting together.
(43) "Single -occupant vehicle (SOV)" means a motor vehicle occupied
by one employee for commute purposes, including a motorcycle.
(44) "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.
(45) "Teleworking" or "telecommuting" means the use of telephones,
computers, or other similar technology to permit an employee to work at 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.
(46) "Transit" means a multiple -occupant vehicle operated on a for -
hire, shared -ride basis, including bus, ferry, shared -ride taxi, shuttle bus,
worker/driver bus or vanpool.
(47) "Transportation demand management (TDM)" means the use of
strategies to reduce commute trips made by single -occupant vehicles and vehicle
miles traveled (VMT) per employee.
(48) "Transportation management association (TMA)" means a group
of employers or an association representing a group of employers in a defined
geographic area. A TMA may represent employers within specific city limits or
may have a sphere of influence that extends beyond city limits.
(49) "Vanpool" means a vehicle occupied by five (5) to fifteen (15)
people traveling together for their commute trip, resulting in the reduction of a
minimum of one motor vehicle trip.
(50) "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.
(51) "Week" means a seven-day calendar period, starting on Monday
and continuing through Sunday.
(52) "Weekday" means any day of the week except Saturday or
Sunday.
(53) "Writing," "written," or "in writing" means original signed and
dated documents. Facsimile (fax) transmissions are a temporary notice of action
that must be followed via mail or delivery of the original signed and dated
document.
SECTION 3. Port Orchard Municipal Code Section 10.86.030 is hereby amended as
follows:
Ordinance No. 014-08
Page 6of18
10,86.030 City of Port Orchard's CTR plan.
The goals established for the jurisdiction and affected employers in the city's
Commute Trip Reduction Plan set forth in attachment A, copies which are
available from the City Clerk, is incorporated herein by reference. City staff is
directed to make any corrections for typographical errors, include any graphical
materials for information, and complete the Commute Trip Reduction Plan.
SECTION 4. A new Port Orchard Municipal Code Section 10.86.033 is hereby added as
follows:
10.86.033 Commute trip reduction goals.
The city's goals for reductions in the proportions of drive -alone commute
trips and vehicle miles traveled per employee by affected employers in the city's
jurisdiction, major employment installations, and other areas designated by the
city are hereby established by the c4 s CTR plan incorporated by POMC
10.86.030 above. These goals establish the desired level of performance for the
CTR program in its entirety in the city.
The city will set the individual worksite goals for affected employers
based on how the worksite can contribute to the city's overall goals established
in the CTR plan. The goals will appear as a component of the affected
employer's approved implementation plan outlined in POMC 10.86.070 below.
SECTIQN S. A new Port Orchard Municipal Code Section 10.86.035 is hereby added as
follows:
10.86.035 Commute trip reduction goals for affected employers.
(1) The drive -alone and VMT goals for affected employers in the city
are hereby established as set forth in the CTR Plan incorporated by POMC
10.86.030 above.
(2) If the goals for an affected employer or
newly affected employer are not listed in the CTR Plan, they shall be established
by the city at a level designed to achieve the city's overall goals for the
jurisdiction and other areas as designated by the city. The city shall provide
written notification of the goals for each affected employer worksite by providing
the information when the city reviews the employer's proposed program and
incorporating the goals into the program approval issued by the city.
SECTION 6. Port Orchard Municipal Code Section 10.86.040 is hereby amended as
follows:
10.86.040 Responsible agency.
The city has determined that it is within the best interest of the public to enter
into an interlocal agreement (pursuant to Chapter 39.34 RCW and RCW
70.94.527) with Kitsap Transit, located at: 60 Washington Street, Suite 200,
Bremerton, Washington 98337, whereby Kitsap Transit will be the agency
responsible for implementing and administering the city's CTR plan and this
chapter.
Ordinance No. 014-08
Page 7 of 18
SECTION 7. Port Orchard Municipal Code Section 10.86.050 is hereby amended as
follows:
10.86.050 Applicability.
(1) Affected Employer. The provisions of this chapter shall apply to all
affected employers at any single worksite within the incorporated areas of the
city,
(2) Change in Status as an Affected Employer. Any of the following
changes in an affected employer's status may change the employer's CTR
program requirements:
(a) Becomes a Non -Affected Employer. If an employer initially
designated as an affected employer no longer employs 100 or more affected
employees and expects not to employ 100 or more affected employees for the
next 12 months, that employer is no longer considered an affected employer. It
is the responsibility of the employer to notify Kitsap Transit, in writing, that it is
no longer an affected employer. The burden of proof lies with the employer.
(b) Change in Status within 12 Months. If the same employer
returns to the level of 100 or more affected employees within the same 12
months, that employer will be considered an affected employer for the entire 12
months, and will be subject to the same CTR program requirements as other
affected employers. It is the responsibility of the employer to notify Kitsap
Transit, in writing, that it has become an affected employer.
(c) Change in Status After 12 Months. If the same employer
returns to the level of 100 or more affected employees 12 or more months after
its change in status to an unaffected employer, that employer shall be treated as
a newly affected employer, and will be subject to the same CTR program
requirements as other newly affected employers. It is the responsibility of the
employer to notify Kitsap Transit, in writing, that it has become an affected
employer.
(3) Newly Affected Employers.
(a) Reporting pate. Newly affected employers shall identify
themselves to Kitsap Transit within 90 days of becoming an affected employer or
moving into the boundaries of the city. Employers who do not identify themselves
within 90 days are in violation of this chapter.
(b) CTR program submittal. Newly affected employers shall be
gjven 90 days to perform a baseline measurement consistent with the
measurement requirements specified by Kitsap Transit. Employers who do not
perform a baseline measurement within 90 days of receiving written notification
that they are subject to this chapter are in violation of this chapter.
(c) Not more than 90 days after receiving written notification
of the results of the baseline measurement, the newly affected employer shall
develop and submit a CTR program to the city. The program will be developed in
consultation with Kitsap Transit to be consistent with the goals of the CTR Plan
adopted in POMC 10.86.030 above. The program shall be implemented not more
than 90 days after the approval by the city. Employers who do not implement an
approved CTR Program according to this schedule are in violation of this chapter
and subject to the penalties outlined in POMC 10.86.130 below.
(d) CTR goals. Newly affected employers shall have two years
from the date of their CTR program approval to meet the first CTR goal of 15
percent; four years from the date of their initial CTR program approval to meet
Ordinance No. 014-08
Page 8 of 18
the second CTR goal of 20 percent; six years from the date of their initial CTR
program approval to meet the third CTR goal of 25 percent; and 12 years from
the date of their initial CTR program approval to meet the fourth CTR goal of 35
percent.
SECTION 8. Port Orchard Municipal Code Section 10,86.060 is hereby amended as
follows:
10.86.060 Notification of applicability.
(1) Publication of Notice. In addition to the city's established public
notification procedures for adoption of a chapter or an amendment to a chapter,
a notice of the availability of a summary of this chapter, a notice of the
requirements and criteria for affected employers to comply with this chapter, and
subsequent revisions shall be published at least once in the city's official
newspaper within 30 days of the effective date of the initial ordinance codified in
this chapter or any amendments hereto.
(2) Notice to Known Affected Employers. Known affected employers
located in the city of Port Orchard shall receive written notification from Kitsap
Transit that they are subject to this chapter. Kitsap Transit shall also send to all
known affected employers notice of any amendments to this chapter. Such
notices shall be by certified mail or delivery, return receipt, addressed to the
company's chief executive officer, senior official, CTR program manager, or
registered agent at the worksite. Such notification shall provide 90 days for the
affected employer to perform a baseline measurement consistent with the
measurement requirements specified by Kitsap Transit.
(3) Self -Identification. Affected employers who, for whatever reason,
do not receive notification within 30 days of the effective date and are either
notified or identify themselves to Kitsap Transit will be granted an extension to
assure up to 90 days within which to perform a baseline measurement consistent
with the measurement requirements specified by the Kitsap Transit.
(4) Affected employers that have not been identified or do not identify
themselves within 90 days of the effective date and do not perform a baseline
measurement consistent with the measurement requirements specified by Kitsap
Transit within 90 days from the effective date are in violation of this chapter.
(5) If an affected employer has already performed a baseline
measurement, or an alternative acceptable to Kitsap Transit, under previous
iterations of this chapter, the employer is not required to perform another
baseline measurement.
SECTIQN 9, Port Orchard Municipal Code Section 10.86.070 is hereby amended as
follows:
10.86.070 Requirements for affected employers.
(1) CTR Program Submittal Date. Except as otherwise provided in this
chapter, not more than 180 days from the effective date, all affected public and
private employers within the city shall submit a CTR program to Kitsap Transit.
(2) CTR Program Implementation Date. Except as otherwise provided
in this chapter, an affected employer's CTR program shall be implemented not
more than 180 days from the date the CTR program was initially submitted to
Kitsap Transit for approval.
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(3) Mandatory CTR Program Elements. The employer's CTR program
must be designed to achieve the CTR goals set forth in this chapter. The
employer shall make a good faith effort, as defined in this chapter and in RCW
70.94.531, to develop and implement a CTR program that will encourage its
employees to reduce VMT per employee and 50V commute trips. At a minimum,
an employer's CTR program shall include the following elements:
(a) Site Description. A general description of the employment
site location, to include: level of transit service, parking availability, access
to highways, and unique conditions experienced by the employer or its
employees that might affect the level of SOV commuting and VMT per
employee.
(b) Employee Information. The total number of affected
employees.
(c) Employee Transportation Coordinator. The name of the
employer's designated employee transportation coordinator (ETC) to
administer the CTR program. The ETC's name, location, and telephone
number must be displayed physically or electronically at each affected
worksite. The ETC shall oversee all elements of the employer's CTR
program and act as liaison between the employer and Kitsap Transit. The
objective is to have an effective transportation coordinator presence at
each worksite; an affected employer with multiple sites may have one
ETC for all sites.
() Information Distribution. Information about alternatives to
drive 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 shall also be submitted to Kitsap Transit with the employer's
program description and regular report.
(e) Annual Progress Report. A commitment to annually review
employee commuting and progress toward meeting the CTR goals.
Affected employers shall file an annual progress report with Kitsap
Transit. The annual report form shall be provided by Kitsap Transit and
shall be consistent with the CTR Board Guidelines. Survey information or
approved alternative information must be provided in the reports
submitted in the second, fourth, sixth, eighth, tenth, and twelfth year
after the program implementation begins.
(f) 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 years, and strive to achieve at least a 70% response rate from
employees at the worksite.
(g) 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 Kitsap Transit
for a minimum of 48 months. Kitsap Transit and the employer shall agree
on the record keeping requirements as part of the accepted CTR
program.
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Page 10 of 18
(h) Specific Measures. In addition to the mandatory program
elements described above, the employer's CTR program shall include
specific measures to be implemented to meet the CTR goals. These
measures may include, but are not limited to, one or more of the
following:
(i) A provision for preferential parking or reduced
parking charges, or both, for high -occupancy vehicles;
(ii) Instituting or increasing parking charges for SOVs;
(M) A provision for commuter ride matching services to
facilitate employee ride -sharing for commute trips;
(iv) A provision of subsidies for rail or transit fares
and/or transit passes;
(v) A provision for subsidies for transit fares;
(vi) A provision of subsidies for walking, bicycling,
teleworking, or compressed schedules;
(vii) A provision for vans or buses for use as vanpools or
custom bus/buspools (Kitsap Transit's worker/driver buses);
(viii) A provision of incentives for employees that do not
drive alone to work;
(ix) A provision for subsidies for carpools or vanpools;
(x) Permitting the use of the employer's vehicles for
carpooling or vanpooling;
(xi) Permitting flex -time to facilitate employees' use of
transit, carpools or vanpools;
(xii) Cooperation with transportation providers to
provide additional regular or express service to the worksite;
(xiii) Construction of special loading and unloading
facilities for transit, carpool and vanpool users;
(xiv) A provision for bicycle parking facilities, lockers,
changing areas and showers for employees who bicycle or walk to
work;
(xv) A provision for a program of parking incentives
such as a rebate for employees who do not use the parking
facilities;
(xvi) Establishment of a telecommuting program to
permit employees to work part- or full-time at home or at an
alternative worksite closer to their homes;
(xvii) Establishment of a program of alternative work
schedules such as a compressed workweek which reduces
commuting;
(xviii) Establishment of a guaranteed ride home program
that would provide transportation home, in case of an emergency,
to employees who normally use an alternative commute mode;
and
(xix) Implementation of other measures designed to
facilitate the use of high -occupancy vehicles, such as on -site day
care facilities and emergency taxi services.
(xx) Other measures that the employer believes will
reduce the number and length of commute trips made to the site.
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(4) 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' continuing needs. Employers are
further encouraged to cooperate with each other to implement program
elements.
(5) Request for Modification of CTR Program Elements. An affected
employer may request a modification of the CTR program elements. This request
must be in writing and delivered to Kitsap Transit. Such request may be granted
by Kitsap Transit if one of the following conditions exist:
(a) Beyond Control. The affected employer can demonstrate it
would be unable to comply with the CTR program element(s), for which
the affected employer seeks an exemption, for reasons beyond the
control of the employer; or
(b) Undue Hardship. The affected employer can demonstrate
that compliance with the CTR program element(s) would constitute an
undue hardship.
Kitsap Transit may ask the employer to substitute a program
element of similar trip reduction potential rather than grant the
employer's request.
(6) Exemption from CTR Program.
(a) Exemption from All Requirements. An affected employer
may submit a request to Kitsap Transit to grant an exemption from all
CTR program requirements or penalties for a particular worksite. The
employer must demonstrate that it would experience undue hardship in
complying with the requirements of this chapter as a result of the
characteristics of its business, its work force, or its location(s). An
exemption may be granted if and only if the affected employer
demonstrates that it faces extraordinary circumstances, 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 Kitsap Transit at any time based on written notice provided by
the affected employer. The notice should clearly explain the conditions for
which the affected employer is seeking an exemption from the
requirements of the CTR program. Kitsap Transit shall grant or deny the
request within 30 days of receipt of the request. Kitsap Transit shall
review annually all employers receiving exemptions and shall determine
whether the exemption will be in effect during the following program
year.
(b) Employee exemptions. Specific employees or groups of
employees who are required to drive alone to work as a condition of
employment may be exempted from a worksite's CTR program.
Exemptions may also be granted for employees who work variable shifts
throughout the year and who do not rotate as a group to identical shifts.
Kitsap Transit will use the criteria identified in the CTR Board
Administrative Guidelines to assess the validity of employee exemption
requests. Kitsap Transit shall grant or deny the request within 30 days of
receipt of the request. Kitsap Transit shall review annually all employee
exemption requests, and shall determine whether the exemption will be in
effect during the following program year.
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(c) Exemption for Variable Shift Employees. An affected
employer may submit a request to Kitsap Transit to exempt specific
employees who work variable shifts throughout the year and who do not
rotate as a group to identical shifts. Kitsap Transit will use the criteria
identified in the CTR Board Guidelines to assess the validity of employee
exemption requests. Kitsap Transit shall review annually all employee
exemption requests and shall determine whether the exemption will be in
effect during the following program year.
SECTION 10. Port Orchard Municipal Code Section 10.86.080 is hereby amended as
follows:
10.86.080 CTR zone, base year values and goals.
(1) CTR Zone and Values. The city authorizes the board of
commissioners of Kitsap Transit to, by resolution, establish the CTR zone(s)
boundaries, and the base year values for SOV rate and VMT per employee within
the CTR zone(s).
(2) Percentage Reductions of SOVs and VMT per Employee. The CTR
goals for an affected employer's CTR program shall be a reduction in the
proportion of SOV commute trips and VMT per employee by the percentage set
forth in the CTR Plan, from the base year values of the CTR zone in which the
affected employer is located. The methods used to determine an affected
employer's SOV rate and VMT per employee shall be consistent with the CTR
Board Guidelines. (RCW 70.94.537)
(3) Modification of CTR Program Goals. An affected employer may
request that Kitsap Transit modify the employer's CTR goals. Such request shall
be filed in writing at least 60 days prior to the date the worksite is required to
submit its program description and annual report. The goal modification request
must clearly explain why the worksite is unable to achieve the applicable goal.
The worksite must also demonstrate that it has implemented all the elements
contained in its approved CTR program. Kitsap Transit 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 Kitsap Transit has
approved the employer's initial program description or annual report.
SECTION 11. Port Orchard Municipal Code Section 10.86.090 is hereby amended as
follows:
10.86.090 Credit for commute trip reduction efforts.
(1) Credit for Programs Implemented Prior to the Base Year.
Employers with successful transportation demand management (TDM) programs
implemented prior to the 1992 base year may be eligible to receive a special one-
time CTR program exemption credit, which exempts them from most CTR
program requirements. Affected employers wishing to receive this credit must
apply to Kitsap Transit within 90 days of the effective date. Application shall
include data from a survey of employees or equivalent to establish the applicant's
VMT per employee and proportion of SOV commute trips. The survey or
equivalent data shall conform to all applicable standards established in Chapter 2,
Section 7, of the State CTR Guidelines. An affected employer shall be considered
Ordinance No. 014-08
Page 13 of 18
to have met the 1995 CTR goals if their VMT per employee and proportion of
SOV commute trips are equivalent to a 12 percent or greater reduction from the
base year CTR zone values. These three percentage point credits apply only to
the 1995 CTR goals.
(2) Process to Apply for CTR Program Exemption Credit. Affected
employers may apply for program exemption credit for the results of past or
current CTR efforts by applying to Kitsap Transit in their initial CTR program
description or as part of any other annual CTR progress report. Application shall
include results from a survey of employees, or equivalent information that
establishes the applicant's VMT per employee and proportion of SOV commute
trips. The survey or equivalent information shall conform to all applicable
standards established in Section 7 (Survey Guidelines) of the CTR Board
Guidelines. Employers that apply for program exemption credit and whose VMT
per employee and proportion of SOV commute trips are equal to or less than the
CTR goals for one or more future goal years, and commit in writing to continue
their current level of effort, shall be exempt from the requirements of this
chapter except for the requirements to report performance in 1995, 1997 and
1999. If any of these reports indicate the employer does not satisfy the next
applicable CTR goal(s), the employer shall immediately become subject to all
requirements of this chapter.
(3) Notice of Leadership Certificate. As public recognition for their
efforts, affected employers who meet or exceed the CTR goals as set forth in this
chapter will receive a commute trip reduction certificate of leadership from the
city. A notice of this certificate of leadership shall be published in the official
newspaper.
SECTION 12. Port Orchard Municipal Code Section 10.86.100 is hereby amended as
follows:
10.86.100 CTR program review and annual reports.
(1) CTR Program Review.
(a) Approval. Kitsap Transit shall provide the employer with
written notification if the employer's CTR program is deemed acceptable.
Such notification shall be by certified mail or delivery, return receipt,
addressed to the employer's employee transportation coordinator. If the
employer receives no written notification of extension of the review
period or comment on the CTR program within 90 days of submission, the
employer's CTR program or annual report shall be deemed approved.
Kitsap Transit may extend the review period up to 90 days. The
implementation date for the employer's CTR program will be extended an
equivalent number of days.
(b) Conditional Approval. Kitsap Transit may determine that an
employer's CTR program is approved on the condition that certain aspects
of the program be modified. In this case, Kitsap Transit shall notify the
affected employer of the required modifications. Such notification shall be
by certified mail or delivery, return receipt, addressed to the affected
employer's employee transportation coordinator. Affected employers will
be given 30 days from the date of such notice to submit a revised CTR
program. Kitsap Transit shall have 30 days from the date the revised CTR
program was received to accept or reject the revised CTR program.
Ordinance No. 014-08
Page 14 of 18
(c) Rejection. Kitsap Transit shall provide the employer with
written notification if the employer's CTR program is deemed
unacceptable and therefore rejected. Such notification shall be by
certified mail or delivery, return receipt, addressed to the affected
employer's employee transportation coordinator within 45 days of the
CTR program submittal date. The letter will specify the cause(s) for the
rejection. Kitsap Transit will schedule a meeting with the affected
employer within 21 days of the date of notice. During the meeting, Kitsap
Transit will provide technical assistance to the affected employer. The
affected employer will be given 30 days from the date of the meeting to
submit a revised CTR program. Kitsap Transit shall have 30 days to
accept or reject the revised CTR program.
(2) CTR Annual Progress Reports. At a minimum, the employer's
CTR Program Report and Description must include:
(a) A general description of the employment site location,
transportation characteristics, employee parking availability, on -site
amenities, and surrounding services;
(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 POMC 10.86.070(3);
(d) Description of any additional elements included in the
employer's CTR program as described in POMC 10.86.070(3); and
(e) A statement of organizational commitment to provide
appropriate resources to the program to meet the employer's established
goals.
SECTION 13. A new Port orchard Municipal Code Section 10.86.115 is hereby added
as follows:
10.86.115 Implementation of Employer's CTR program.
Unless extensions are granted, the employer shall implement its approved CTR
program, including approved program modifications, not more than 90 days after
receiving written notice from Kitsap Transit that the program has been approved
or with the expiration of the program review period without receiving notice from
Kitsap Transit.
SECTION 14. Port Orchard Municipal Code Section 10.86.120 is hereby amended as
follows.
10.86.120 Enforcement.
(1) Compliance. For purposes of this section, compliance shall mean:
(a) Fully implementing in good faith all mandatory program
elements as well as provisions in the approved CTR Program Description
and Report;
Ordinance No. 014-08
Page 15 of 18
(b) Providing a complete CTR Program Description and Report
on the regular reporting date; and
(c) Distributing and collecting the CTR Program Employee
Questionnaire during the scheduled survey time period.
(2) Program Modification Criteria. The following criteria for achieving
goals for VMT per employee and proportion of drive alone trips shall be applied in
determining requirements for employer CTR program modifications:
(a) Achieves Either or Both Goals. If an employer makes a
good faith effort, as defined in this chapter and in RCW 70.94.534(2), and
meets either or both the applicable SOV or VMT goal, the employer has
satisfied the objectives of the CTR plan and will not be required to modify
its CTR program.
(b) Fails to Achieve Either Goals.
(i) With Good Faith Effort. If an employer makes a
good faith effort, as defined in this chapter and in RCW
70.94.534(2), but has not met or is not likely to meet the
applicable SOV or VMT goal, Kitsap Transit shall work
collaboratively with the employer to make modifications to its CTR
program. After agreeing on modifications, the employer shall
submit a revised CTR program description to Kitsap Transit for
approval within 30 days of reaching an agreement.
(ii) Without Good Faith Effort. If an employer fails to
make a good faith effort, as defined in this chapter and in RCW
70.94.534(2), and fails to meet either the applicable SOV or VMT
reduction goal, Kitsap Transit shall work collaboratively with the
employer to identify modifications to the CTR program and shall
direct the employer to revise its program within 30 days to come
into compliance with the measures defined by RCW 70.94.534(2),
including specific recommended program modifications. In
response to the recommended modifications, the employer shall
submit a revised CTR program description, including the requested
modifications or equivalent measures, within 30 days of receiving
written notice to revise its program. Kitsap Transit shall review the
revisions and notify the employer of acceptance or rejection of the
revised program. If a revised program is not accepted, Kitsap
Transit will send written notice to that effect to the employer
within 30 days and, if necessary, require the employer to attend a
conference with program review staff for the purpose of reaching
a consensus on the required program. A final decision on the
required program will be issued in writing by Kitsap Transit within
10 working days of the conference. (Ord. 1760 § 11, 1999).
SECTION 15. Port Orchard Municipal Code Section 10.86.130 is hereby amended as
follows:
10.86.130 Violation -- Penalty.
(1) Violations. The following constitute violations of this chapter:
(a) Failure to perform a baseline measurement, including:
(i) Employers notified or that have identified
themselves to Kitsap Transit within 90 days of the effective date
Ordinance No. 014-08
Page 18 of 18
and that do not perform a baseline measurement consistent with
the requirements specified by Kitsap Transit within 90 days from
the notification or self -identification;
(ii) Employers not identified or self -identified within 90
days of the effective date and that do not perform a baseline
measurement consistent with the requirements specified by Kitsap
Transit within 90 days from the effective date;
(b) Failure to implement an approved CTR program, unless the
program elements that are carried out can be shown through quantifiable
evidence to meet or exceed VMT and drive alone goals as specified in this
chapter;
(c) Failure to develop and/or submit a complete CTR program
by the applicable deadlines as stated in this chapter;
(d) Failure to implement an approved CTR program by the
applicable deadlines as stated in this chapter;
(e) Failure to modify an unacceptable CTR program by the
applicable deadlines as stated in this chapter;
(f) Failure to self identify as an affected employer;
(g) Failure of a newly affected employer to identify itself to
Kitsap Transit within 90 days of becoming an affected employer;
(h) Failure to submit on time an annual CTR program progress
report to Kitsap Transit;
(i) Failure to maintain agreed upon CTR program records;
0) Submission of false or fraudulent data in response to
survey requirements;
(k) Failure to make a good faith effort, as defined in this chapter and in RCW
70.94.534.
(2) Penalties.
(a) Class I Civil Infraction. Any affected employer violating any
provision of this chapter shall be liable for a Class I civil infraction, and
subject to civil penalties pursuant to RCW 7.80.120;
(b) Separate Offenses. Each day of failure to implement the
program shall constitute a separate violation subject to penalties as
described in Chapter 7.80 RCW.
(c) Failure Due to Union. An employer shall not be liable for
civil penalties if failure to implement an element of a CTR program was
the result of an inability to reach agreement with a certified collective
bargaining agent under applicable laws where the issue was raised by the
employer and pursued in good faith. Unionized employers shall be
presumed to act in good faith compliance if they:
(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
Washington State CTR law, this chapter, and the mandates of the
CTR program approved by Kitsap Transit and advise the union
that the proposal being made is necessary for compliance with this
chapter and state law. (RCW 70.94.531)
Ordinance No. 014-08
Page 17 of 18
(d) Not Liable. No affected employer with an approved CTR program
may be held liable for failure to reach the applicable SOV or VMT goals.
SECTION_16. Port orchard Municipal Code Section 10.86.150 is hereby amended as
follows:
10.86.150 Appeals.
(1) Hearing an Appeal.
(a) Venue. The affected employer shall select to appeal the
initial order of the presiding officer in either Port Orchard's municipal
court or through the administrative process set forth in this chapter.
(b) Time. An appeal of a determination that an affected
employer or newly affected employer committed a civil infraction under
this chapter shall be commenced by filing a written notice of appeal
within 30 days of the issuance of the presiding officer's written findings.
(c) Administrative Process.
(i) Kitsap Transit shall hire and pay for a hearing
examiner for the sole purpose of hearing appeals brought
pursuant to this chapter.
(ii) Appeals shall be heard within 60 days of the date
the notice of appeal is received by the presiding officer; however,
no appeal shall be set less than 15 days after notice of the date
for the appeal is mailed by certified mail, return receipt requested,
to the party seeking review.
(ili) The hearing examiner will evaluate employers'
appeals of administrative decisions by determining if the decisions
were consistent with this chapter, the Washington State CTR law
and the CTR Board Guidelines. Appeals may be granted by the
CTR hearing examiner if the employer can show the violations for
which the penalties were imposed occurred for the reasons
beyond the control of the employer, or the penalties were
imposed for the failure of the employer to revise its CTR program
as directed by Kitsap Transit and the employer can demonstrate
that measures Kitsap Transit directed the employer to incorporate
in its CTR program are unlikely to reduce the proportion of SOV
commute trips and/or VMT per employee.
(iv) The decision of the hearing examiner shall be a
final administrative decision in the matter.
SECTION 17. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
Ordinance No. 014-08
Page 18 of 18
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of May 2008.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
� A_
City Attorney
la,
Sponsored by:
Fred Chang, Council Memb Z9
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held May 13, 2008,
ORDINANCE NO. 014-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 10.86 "COMMUTE TRIP REDUCTION" (CTR) PURSUANT
TO CHAPTER 70.94 RCW AND THE GUIDELINES ESTABLISHED BY
THE CTR BOARD
Copy of Ordinance No. 014-08 is available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 014-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
May 17, 2008