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HomeMy WebLinkAbout4412 A AN ORDINANCE adopting a Commute Trip Reduction (CTR) Plan for the City of Bremerton pursuant to RCW 70.94 and 1992 Washington State Commute Trip Reduction Task Force Guidelines and adopting a new chapter to Title 10 of the Bremerton Municipal Code. WHEREAS, RCW Chapter 7.94.527 requires the City of Bremerton and other Washington communities to adopt a CTR Plan and Ordinance; and WHEREAS, a Commute Trip Reduction Program has been developed by the City in conjunction with Kitsap Transit consistent with the 1992 Washington State Commute Trip Reduction Task Force Guidelines; and WHEREAS, the City Council deems the adoption of such ordinance to be in the public interest and required pursuant to its obligations under state statute, now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. New Chapter. A new Chapter 10.40, COMMUTE TRIP REDUCTION PLAN, is hereby added to Title 10 to read as follows: 10.40.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. 10.40.020 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this chapter: CTR-ORD.JJM - 4/14/93 i (a)(1) "Affected Employee" means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months. The following classifications of employees are excluded from the definition of affected employees: i. seasonal agriculture employees, including seasonal employees of processors of agriculture products; and ii. employees of construction worksites when the expected duration of the construction is less than two (2) years. (2) "Affected Employer" means a public or private employer that employs one hundred (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. Telecommufing and compressed work weeks are considered alternative commute modes, if they result in reducing commute trips. (4) "Alternative Work Schedules" are programs such as compressed work weeks that eliminate commute trips by affected employees. (b)(1) "Base Year" means the period from January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) commute trips shall be based. (RCW 70.94.524.7) (c)(1) "Carpool" means any motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. (2) "Commute Trip" means a trip made from a worker's home to a worksite to begin a regularly scheduled work day between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. CTR-ORD.JJM - 4/14/93 2 (3) "Commute Trip Reduction (CTR) Goals" mean the goals established by the State CTR Law and the CTR Task Force Guidelines for affected employers. These goals are to reduce the Vehicle Miles Traveled per employee and the Single Occupant Vehicle commute trips from the base year value established for the Commute Trip Reduction Zone at least 15 percent by January 1, 1995; 25 percent by January 1, 1997; and 35 percent by January 1, 1999. (4) "Commute Trip Reduction (CTR) Plan" means the City of Bremerton'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 of Bremerton. (5) "Commute Trip Reduction (CTR) Program" means the affected employer's strategies to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employees. (6) "Commute Trip Reduction (CTR) Task Force Guidelines" means the official guidelines to RCW 70.94developed by the Washington State Commute Trip Reduction Task Force committee. (RCW 70.94.537) (7) "Commute Trip Reduction (CTR) Zone" means an area, such as a census tract or combination of census tracts, within the City of Bremerton, 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. (8) "Commuter Ride Matching Service" means a system that assists in matching commuters for the purpose of commuting together. (9) "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) CTR-ORD.JJM - 4/14/93 3 work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. (10) "Custom Bus/Buspool or Worker/Driver Bus" means a commuter bus service arranged specifically to transport employees to work. (d)(1) "Day(s)" means calendar day(s). (2) "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. (e)(1) "Employee Transportation Coordinator" means a designated on-site employee who is responsible for administering the employer's Commute Trip Reduction Program. (2) "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, non-profit, or private, that employs workers. (f)(1) "Flex-Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative commute modes. (2) "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. (h)(1) "Hearing Examiner" means a member of the Washington State Bar Association. (i)(1) "Implementation or Implement" means active pursuit by an employer to achieve the CTR Goals of RCW 70.94.521-551and this chapter. (m)(1) "Mode" refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, and walking. (n)(1) "Newly-Affected Employer" is an employer that is not an affected employer CTR-ORD.JJM - 4/14/93 4 upon the effective date of this chapter but becomes an affected employer subsequent to the effective date' of this chapter. (p)(1) "Presiding Officer" means a person or persons designated by Kitsap Transit to hear and determine a contested Notice of Civil Infraction. (2) "Proportion of Single-Occupant Vehicle Commute Trips" or "SOV Rate" means the number of commute trips over a set period made bY affected employees in SOVs divided by the number of affected employees working during that period. (s)(1) "Single-Occupant Vehicle (SOV)" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. (2) "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. (T)(1) "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work at home or at a location closer to home than the employer's worksite. (2) "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. (3) "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. (v)(1) "Vanpool" means a vehicle occupied by seven (7) to fifteen (15) people traveling together for their commute trip. (2) "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. CTR-ORD.JIM - 4/14/93 5 (w)(1) "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. (2) "Weekday" means any day of the week except Saturday or Sunday. (3) "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. 10.40.030 THE CITY OF BREMERTON'S CTR pLAN. The 1992 City of Bremerton's Commute Trip Reduction (CTR) Plan set forth in Attachment "A"is wholly incorporated herein by reference. ~ ~..a,~ v~,~, ~k- o,.,~c:q~& ~13~ ~"~ 10.40.040 RESPONSIBLE AGENCY. The City of Bremerton has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to RCW 39.34 and RCW 70.94.527)with Kitsap Transit, located at: 234 South Wycoff Bremerton, Washington 98312 whereby Kitsap Transit will be the agency responsible for implementing and administering the City of Bremerton's CTR Plan and this chapter. 10.20.050 APPLICABILITY. (a) Affected Employer. The provisions of this chapter shall apply to all affected employers at any single worksite within the incorporated areas of the City of Bremerton. (b) 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: (1) Becomes a Non-Affected Employer. 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 the next twelve (12) months, that employer is no longer considered an affected employer. It is the CTR-ORD.JJM - 4/14/93 6 responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer; (2) Change in Status Within Twelve (12) Months. 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 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; and (3) Change in Status After Twelve (12) Months. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a 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. (c) Newly-Affected Employers. (1) Reporting Date. Newly-affected employers shall identify themselves to Kitsap Transit within ninety (90) days of becoming an affected employer or moving into the boundaries of the City of Bremerton. (2) CTR Program Submittal. Newly-affected employers shall be granted a minimum of one hundred-eighty (180) days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program. (3) CTR Goals. Newly-affected employers shall have two years from the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; four years from the date of their initial CTR Program approval to meet the second CTR goal of twenty CTR-ORD.JJM - 4/14/93 7 five (25) percent; and six years from the date of their initial CTR Program approval to meet the third CTR goal of thirty five (35) percent. 10.40.060 NOTIFICATION OF APPLICABILITY. (a) Publication of Notice. In addition to the City of Bremerton's established public notification procedures for adoption of an 'ordinance or an amendment to an ordinance, a notice of the availability of a summary of this chapter or an amendment to this chapter shall be published at least once in the City of Bremerton's official newspaper within thirty (30) days of the effective date of this chapter or any amendments hereto. (b) Notice to Known Affected Employers. Known affected employers located in the City of Bremerton 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 employer's Employee Transportation Coordinator. Such notification shall be delivered within thirty (30) days of the effective date of this chapter or any amendments hereto. (c) Self-identification. Affected employers who, for whatever reason, do not receive notification within thirty (30) days of the effective date of this chapter shall identify themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter. Upon self-identification, such affected employers will be granted one hundred-eighty (180) days from identifying to submit a CTR Program. 10.40.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. (a) CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit. CTR-ORD.JJM - 4/14/93 8 (b) CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected employer's CTR Program shall be implemented not more than one hundred eighty (180) days from the date the CTR Program was initially submitted to Kitsap Transit for approval. (c) Mandatory CTR Program Elements. The employer's CTR Program must be designed to achieve the CTR Goals set forth in Section 8B of this chapter. At a minimum, an employer's CTR Program shall include the following elements: (1) 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. (2) Employee Information. The total number of affected employees. (3) 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 prominently 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. (4) Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer's subsequent annual report must include a description of the information to be distributed and the method of distribution. (5) 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 Task Force Guidelines. CTR-ORD.JIM - 4/14/93 9 (6) Record Keeping. A list of records that will be kept by the employer that can be used to evaluate the employer's CTR Program. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's approved CTR Program. Employers will maintain all records listed in their CTR Program for a minimum of twenty-four (24) months. (7) 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; iii. a provision for Commuter Ride Matching services to facilitate employee fide-sharing for commute trips; iv. a provision for subsidies for transit fares; v. a provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit's worker/driver buses); vi. a provision for subsidies for carpools or vanpools; vii. permitting the use of the employer's vehicles for carpooling or vanpooling; viii. permitting flex-time to facilitate employees' use of transit, carpools, or vanpools; ix. cooperation with transportation providers to provide additional regular or express service to the worksite; x. construction of special loading and unloading facilities for transit, CTR-ORD.JJM - 4/14/93 10 carpool, and vanpool users; xi. a provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; xii. a provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities; xiii. 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; xiv. establishment of a program of alternative work schedules such as a compressed work week which reduces commuting; xv. 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 xvi. implementation of other measures designed to facilitate the use of -high-occupancy vehicles, such as on-site day care facilities and emergency taxi services. (d) 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: (1) 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 (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship. CTR-ORD.JJM - 4/14/93 1 1 (e) Exemption From CTR Program. An affected employer may request Kitsap Transit to grant an exemption from all CTR program requirements. The affected employer shall 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 commute trips and VMT per employee. Exemptions may be granted by Kitsap Transit during the initial review of the affected employer's CTR Program or at the time of the annual Program review process. Kitsap Transit shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. 10.40.080 CTR ZONE, BASE YEAR VALUES AND GOALS. (a) CTR Zone and Values. The City of Bremerton 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). This resolution shall be passed by January 31, 1993. (b) Percentage Reductions of SOV's 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: (1) 15% by 1995; (2) 25 % by 1997; and (3) 35% by 1999 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 Task Force Guidelines (RCW 70.94.537). CTR-ORD.JJM - 4/14/93 12 (c) Modification of CTR Program Goals. An affected employer may request from Kitsap Transit a modification of the CTR Goals. Grounds for granting modification are limited to the following: (1) Worksite Next to Another CTR Zone. An affected employer demonstrates that its worksite is contiguous with a CTR Zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR Zone. Under this condition, the employer's worksite may be subject to the same CTR Goals for VMT per employee and proportion of SOV commute trips as employers in the adjoining CTR Zone. (2) Lack of Alternative Commute Modes. An affected employer demonstrates that opportunities for alternative commute modes do not exist due to factors related to the worksite, its work force, or characteristics of the business that are beyond the employer's control. (3) Employees Use Vehicles at Work. An affected employer can demonstrate that it requires significant numbers of its employees to use the vehicles they drive to work during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR Goals will not be modified but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV commute trips and VMT per employee used to determine the employer's progress toward meeting its CTR Program Goals. 10.40.090 CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS. (a) Credit for Programs Implemented Prior to the Base Year. Employers with successful Transportation Demand Management (TDM) programs implemented prior to the CTR-ORD.JJM - 4/14/93 13 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 ninety (90) days of the adoption of this Ordinance. 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 to have met the 1995 CTR Goals if their VMT per employee and proportion of SOV commute trips are equivalent to a twelve (12) percent or greater reduction from the base year CTR Zone values. These three (3) percentage point credits apply only to the 1995 CTR Goals. (b) 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 Task Force 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. CTR-ORD.JJM - 4/14/93 14 (c) Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR Goals as set forth in Section 8B of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City of Bremerton. A notice of this Certificate of Leadership shall be published in the official newspaper. 10.40.100 CTR PROGRAM REVIEW AND ANNUAL REPORTS. (a) CTR Program Review. (1) 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 forty-five (45) days of submission, the employer's CTR Program shall be deemed approved. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (2) 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 mall or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator. Affected employers will be given thirty (30) days from the date of such notice to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days from the date the revised CTR Program was received to accept or reject the revised CTR Program. (3) CTR Annual Progress Reports. 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 CTR-ORD.JJM - 4/14/93 15 to the affected employer's Employee Transportation Coordinator within forty-five (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 twenty-one (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 thirty (30) days from the date of the meeting to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days to accept or reject the revised CTR Program. (b) CTR Annual Progress Reports. Kitsap Transit shall establish the affected employer's annual reporting date upon review of the employer's initial CTR Program. The reporting date shall not be less than twelve (12) months from the date the employer's CTR Program was approved. Each year on the employer's reporting, date, the employer shall submit to Kitsap Transit its annual CTR Program progress report. Kitsap Transit shall provide and the affected employer shall use a standard annual report form. 10.40.110 EXTENSIONS. An affected employer may request from Kitsap Transit additional time to submit a CTR program, or CTR annual progress report, or to implement or modify a CTR Program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer's extension request by certified letter, return receipt within fifteen (15) days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extensions shall not exempt an employer from any responsibility in meeting the CTR Goals. Extensions granted due to delays or difficulties with any CTR Program element(s) shall not be cause for discontinuing or failing to implement other program CTR-ORD.JJM - 4/14/93 16 elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of Kitsap Transit. 10.40.120 ENFORCEMENT. (a) Compliance. Except as otherwise provided in this chapter, compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. (b) Required CTR Program Modifications. Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program: (1) Achieves Both CTR Goals. If an affected employer achieves both the SOV and VMT Goals for the current goal year, the employer has satisfied the objectives of this chapter and will not be required to modify its CTR Program. (2) Achieves One CTR Goal. If an affected employer achieves one of the CTR Goals for the current goal year, Kitsap Transit may recommend program modifications, but in recognition of the employer's successful efforts in achieving one of the Goals, Kitsap Transit will not require the employer to modify its CTR Program. (3) Fails to Achieve any CTR Goals. If an employer falls to meet both the $OV and VMT Goals for the current goal year, Kitsap Transit shall propose modifications to the employer's CTR Program and direct the employer to revise its CTR Program. The employer shall submit a revised CTR Program, including the proposed modifications or equivalent measure(s), within thirty (30) days of receiving notice to modify its CTR Program. Kitsap Transit shall review the revised CTR Program and notify the employer's Employee Transportation Coordinator within thirty (30) days, by certified mail, of acceptance or rejection of the revised program. If a revised program is not acceptable, CTR-ORD.JJM - 4/14/93 17 Kitsap Transit shall require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required CTR Program. A final decision on the required CTR Program will be issued in writing by Kitsap Transit within fifteen (15) days of the conference. (c) Violations. The following constitute violations of this chapter: (1) Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter. (2) Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter. (3) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter. (4) Failure of an affected employer to identify itself to Kitsap Transit within ninety (90) days of the effective date of this chapter. (5) Failure of a newly affected employer to identify itself to Kitsap Transit within ninety (90)days of becoming an affected employer. (6) Failure to submit on time an annual CTR Program Progress Report to Kitsap Transit. (7) Failure to maintain agreed upon CTR Program records. (8) Intentionally submitting false information, data and or survey results. (d) Penalties. (1) 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. (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is CTR-ORD.JJM - 4/14/93 1 8 committed or continued and shall be subject to civil penalties as herein provided; and (3) 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). (e) Adjudicative Procedure. (1) Service of the Notice of Infraction. An adjudicative procedure under this chapter is commenced by the issuance of a Notice of Civil Infraction. Service of a Notice of Civil Infraction shall be by either personal service or by certified mail, return receipt requested. (2) Contents of the Notice of Civil Infraction. The Notice of Civil Infraction shall contain the following: i. A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly- affected employer named in the notice and that the determination is final unless contested as provided in this chapter. ii. A statement that a civil infraction is a non-criminal offense for which CTR-ORD.JJM - 4/14/93 19 imprisonment may not be imposed as a sanction. iii. A statement identifying the party issued the Notice of Civil Infraction. iv. A statement of the specific civil infraction for which the notice was issued. v. A statement of the monetary penalty established for the civil infraction. vi. A statement identifying the procedure to contest the Notice of Civil Infraction. vii. A statement that a party must respond to a Notice of Civil Infraction within 15 days from the date the Notice of Civil Infraction was received. viii. A statement that failure to respond to the Notice of Civil Infraction as directed in this chapter will result in a default judgment for the identified monetary penalty being entered against the party named in the Notice of Civil Infraction. (3) Failure to Respond. A Notice of Civil Infraction represents a determination that a Civil Infraction has been committed. The determination is final unless contested as provided in this chapter. (4) Hearing on a Civil Infraction. i. An affected employer or newly-affected employer issued a Notice of Civil Infraction may request a hearing on the infraction by submitting a written request for a hearing to the Presiding Officer not later than fifteen (15) days from the date the Notice of Civil Infraction was received. ii. The Presiding Officer shall set a meeting between the affected employer or newly-affected employer and the Presiding Officer not CTR-ORD.JJM - 4/14/93 20 later than fifteen (15) days after the notice requesting a hearing is mailed. At such meeting, the affected employer or newly-affected employer will explain its view of the alleged Infraction and the Presiding Officer will explain Kitsap Transit's view of the matter. iii. If the affected employer or newly-affected employer to whom a Notice of Civil Infraction is issued is found to have committed the infraction, the Presiding Officer shall, within ten (10) days, serve upon the affected employer a written determination of the reason(s) for the decision and information about appeal procedures. iv. The written findings of the Presiding Officer shall be considered an initial order. If the affected employer does not appeal as provided for in this chapter, the initial order shall become the final order. 10.40.130 APPEALS. (a) Hearing an Appeal. (1) Venue. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City of Bremerton's Municipal Court or through the administrative process set forth in BMC 10.40.130(a)(3). (2) 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 thirty (30) days of the issuance of the Presiding Officer's written findings. (3) 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 sixty (60) days of the date the notice of CTR-ORD.JJM - 4/14/93 21 appeal is received by the Presiding Officer, however no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review. iii. The Heating 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 Task Force 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 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall be effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton this ~2 / day of .~ ,1993. CTR-ORD.JIM - 4/14/93 22 PASSED by the City Council of the City of Bremerton this ~ ~ day of EI~EE~ ~I~ Coun~itz~-'~sident LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk CTR-ORD.JJM - 4/14/93 23 SUMMARY ORDINANCE NO. 4412 AN ORDINANCE adopting a Commute Trip Reduction (CTR) Plan for the City of Bremerton pursuant to RCW 70.94 and 1992 Washington State Commute Trip Reduction Task Force Guidelines and adopting a new chapter to Title 10 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. Section 2. DEFINITIONS. This section defines: Affected Employee; Affected Employer; Alternative Commute Mode; Alternative Work Schedules; Base Year; Carpool; Commute Trip; Commute Trip Reduction (CTR) Goals; CTR Plan; CTR Program; CTR Task Force Guideline; CTR Zone; Commuter Ride Matching Service; Compressed Work Week; Custom Bus/Buspool or Worker/Driver Bus; Day(s); Dominant Mode; Employee Transportation Coordinator; Employer; Flex- Time; Full-Time Employee; Hearing Examiner; Implementation or Implement; Mode; Newly-Affected Employer; Presiding Officer; Proportion of Single-Occupant Vehicle Commute Trips; Single Occupant Vehicle (SOY); Single Worksite; Telecommuting; Transit; Transportation Demand Management (TDM); Vanpool; Vehicle Miles Traveled (VMT) Per. Employee; Week; Weekday; and Writing. Section 3. RESPONSIBLE AGENCY. Kitsap Transit will be the agency responsible for implementing and administering the City of Bremerton's CTR Plan and this chapter. Section 4. APPLICABILITY. This section defines: Affected Employer; Change in Status as an Affected Employer; Becoming a Non- Affected Employer; Change in Status within Twelve (12) Months; Change in Status after Twelve (12) Months; Newly-affected Employers; Reporting Date; CTR Program Submittal, and CTR Goals. Section 5. NOTIFICATION OF APPLICABILITY. Publication of Notice within thirty (30) days of the effective date of this chapter or any amendments hereto of availability of copy. Known affected employers located in the City of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter. Affected employers who, for whatever reason, do not receive notification within thirty (30) days of the effective date of this chapter shall identify themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter. Section 6. REQUIREMENTS FOR AFFECTED EMPLOYERS. Not more than one hundred eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit, which shall be implemented within 180 days. It shall include: Site Description; Employee Information; Employee Transportation Coordinator; Information Distribution; Annual Progress Report; Record Keeping; Specific Measures; Request for Modification of CTR Program Elements; Undue Hardship, and Exemption from CTR Program. Section 7. CTR ZONE, BASE YEAR VALUES AND GOALS. The City of Bremerton authorizes the Board of Commissioners of Kitsap Transit to establish the CTR Zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR Zone(s). Percentage Reductions of SOW's and VMT per employee will be established. Modification of CTR Program Goals may be requested. This section further discusses: Worksites Next to Another CTR Zone; Lack of Alternative Commute Modes, and Employees Use Vehicles at Work. Section 8. CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS. 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. Apply to Kitsap Transit within ninety (90) days of the adoption of this Ordinance. Employers who meet or exceed the CTR Goals as set forth in Section 8B of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City of Bremerton. Section 9. CTR PROGRAM REVIEW AND ANNUAL REPORTS. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable. Kitsap Transit may determine that an employer's CTR Program is approved on the condition that certain aspects of the Program be modified. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed unacceptable and therefore, rejected. Kitsap Transit shall establish the affected employer's annual reporting date upon review of the employer's initial CTR Program. An affected employer may request from Kitsap Transit additional time to submit a CTR program, or CTR annual progress report, or to implement or modify a CTR Program. Section 10. ENFORCEMENT. Compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. Criteria: Achieves Both CTR Goals; Achieves One CTR Goal; Fails to Achieve any CTR Goals. The following constitute violations of this chapter: Failure to develop and/or submit a complete CTR Program; Failure to implement an approved CTR Program; Failure to modify an unacceptable CTR Program; Failure of an affected employer to identify itself to Kitsap Transit; Failure to submit on time an annual CTR Program Progress Report; Failure to maintain agreed upon CTR Program records; Intentionally submitting false information. Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction. 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. An adjudicative procedure under this chapter is commenced by the issuance of a Notice of Civil Infraction and hearing. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City of Bremerton's Municipal Court or through the administrative process set forth in BMC 10.40.130(a) (3). Section 11. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. Section 12. EFFECTIVE DATE. This ordinance shall be effective ten (10) days after passage and publication. Section 13. The full text of this Ordinance may be obtained at the City Clerk's office, City Hall, 239 4th Street, Bremerton, Washington. APPROVED by the City Council of the City of Bremerton this 21 day of April , 1993. PASSED by the City Council of the City of Bremerton this 28 day of April , 1993.