ORD 2009-16 COMMUTE TRIP REDUCTION PROGRAM
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ORDINANCE NO. 2009-16
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AN ORDINANCE of the City of Bainbridge Island, Washington,
to accept and adopt an updated Connnute Trip Reduction Program
and amend Chapter 10..24 of the Bainbridge Islalld'Municipal
Code.
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WHEREAS, the Washington State Legislature passed the original Connnute Trip
Reduction.(CTR) Law in 1991;. and
WHEREAS, the. City. of Bainbridge Island accepted a ~.o~ute Trip. R~duction Plan
prepared for the City by Kitsap Transit, and subsequently passeq ,Ordinance No~ 9-3~09; creating -.
Bainbridge, Island ..:Municipal Code (BIMC).. Chapte'r 10.24 entitled Commute Trip R?duction
Program in 1993; and..
WHEREAS, as -an affected employer, the .City has created a. Commute Trip Reduction
program for its employees, including elements such as covered bicycle parking, locker room,
designated carpool parking spots, and a quarterly stipend; and
WHE~A.S, .lhe "Commute Trip ,Red~cti()n (erR). ~ffici~ncy. Act" was passed by the
Washington State Legislature in 2006, modifying the previous CTR law; and
WHEREA~, s~id 2006 legislation, requires that the. City update its Connnute Trip
Reduction Plap. ~nd BIMC Chapter. 1 O~~4; and
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WHEREAS, ~itsap Transit has coordinated the. preparation of updates to the local CTR
plans for Kitsap County, and the Cities of Bremerton, Port Orchard, and Bainbrid.ge Island by
contr~cting. with .Perte~t, Inc., a transportation planning firm, to assist the~. in preparing the local
CTR plans.. .by meeting with representatives from the.. jurisdictions tlrroughout the plan
development process; and . ,
WHEREA.S, ~itsap Transit submitted the Draft CTR Plans to the Puget Sound Regional
Council (PSRC) in April 2007, and PSRC approved the plans in February 2008; and.
WHEREAS, there are. updates required to be made to BIMC Chapter 10.~24 Commute
Trip Reduction Program in order to bring the program into compliance with the 2006 Commute
Trip Reduction Efficiency Act; now, therefore
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THE CITY, COUNCIL. O~ _THE CITY .OF BAINBRIDGE ISLAND, WASHINGTON,
DOES OWlAIN AS FOLLOWS:
Sec~ion .1. Chapter 1 O~24 of the Bainbridge Island Municipal Code IS hereby
amended to re~d as follows:
"Chapter 10.24..
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COMMUTE TRIP REDUCTION PRO.GRAM
10.24.010 Purpose.
The purpose of this chapter is to establish commute trip _reduction program
requirements for affected employers within the city. These requirements are
. : . .intended to: promote alternative commute mo.des and to reduce the total numb_et of
single..occuparit vehicle commute trips and vehicle miles traveled per employee,
. 'thereby. decreasing traffic congestion, automobile related air pollution, and enefgy
use within'the city. The city recognizes the importance of increasing individual
citizens' awareness of air quality, energy consumption, and traffic congestion, and
the contribution that individual actions can make toward addressing these issue.s.
10.24.020 Definitions.
The following definitions shall apply in the interpretation.and.enforcement of this
chaprer: '
A~ : "Affected employee" means a full-time employee who. begins a regular
workday at a single worksite covered by the Commute'. Trip Reduction Plan
b~tween 6:00. a.m. and 9:00 a.m. (inclusive) on two ill or more weekdays f'eF
,Week for at least twelv.e (12} continuous months who. is not an independ~nt
:con_tractor~ : The fol~o~tving. classifications of employees shull b.e Seasonal
.. agri~ultural employees" including seasonal employees of processors of
. .agricultural products~ are excluded: from the definition count of affected.
employees.
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1. Seasonal agriculture employees, including seasonal employees of processors. of
agric-ulture produots; and .. . . .
. 2. E~ploy'ees '\.~.~rking at construction .'I,:v=orlcsites, "tvhen tho o}cpected duration.. of
the construction. is less than t'l"yO year's.
_.B. ":Affeqted etl).ployer" means an public or pri"vate employer that ~mploys one
hundred (1 DO} or tnore affected full time employees at a single worksite covered
by the Commute Trip Reduction Plan who are scheduled to. begin their regular
work day.between 6.:00 a..m~ and 9:00 a..m. (inclusive) on two or more weekdays
for at least twelve (12) continuous- months. Construction worksites'l when the
expected duration of the construction is less than two (2) years" are excluded frbm
this definition. (See also definition of employer.)
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c. "Alternative comniute mode" mea~s any ~~ethod of commut~ transportation
other than that in which the single-occupant motor vehicle is the dominant
mode.1of transportation. including t+elecommuting, and compressed work_weeks
schedules. shall.. be coi1s~idered alternativ:e commute modes if they result in
reducing .commute trips. .
D. "Alternative work schedules" means programs. such. as .compressed .work
weeks-schedules that eliminate the number of commute work trips made.. by for
affected. emp]oyees~ . ... .
F. "Base year survey" or "baseline measurement" means the survey" during the
base y.ear.; of. employees at a major employer worksite to determine the drive-
alone. .rate ... land. vehicle miles traveled per employee at.. the worksite. The
jurisdiction uses this measurement to. develop cominute trip. reduction {Zoals for
the maiar employer. The baseline measurement must be implemented in a
manner that meets the requirements specified by the city.
OF. "Carpool?' means any motor vehicle, including a motorcycle, occupied by two
to six people of at least 16 years of age traveling together for a.their commute trip.1
that resultsing. in the reduction of at least a minimum of one motor vehicle
commute trip. .
HG~ "Commute trip~" means a--trip~ made .from a worker's home to a.worksite te
begin a regularly scheduled .;l'vorkday bet'1{een the hours of 6:00 a.m. and 9:00
a.m. (inclusi~/c) on weekdays.
H. "Commute. trip reduction ("CTR") goals" mean- the goals established by state
lu--l'Y and by the CTR task force guidelines for affected employers. CTR goals are
to reduce the 'vehicle miles tra"velcd per employee and the single occupant 'vehicle
commute trips from the base year "value established for the commute trip
reduction zone by at least 15 percent by January 1, 1995; by 20 percent by
January 1, 1997;: by 25 percent by January 1, 1999; and by 35 percent by Jnnuar)~
1,2005.
I. "erR". is the abbreviation of Commute Trip Reduction.
II. "Commute trip reduction (CTR) plan" means the city's plan that is designed to
achieve reductions in the proportion of single-occupant vehicle commute trips and
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the. commute. trip vehicle miles traveled per affected employees of affected
employers within the city.
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KJ. "Commute trip reduction (CTR) program" means the affected. an employer's
strategies that arc designed to reduce the prop~rtion of single ..occupnnt
employees' drive-alone 'vehicle commute trips and the commute trip average
vehicle miles trav.eled per affected employees..
K. "Commute trip reduction (CTR) tusl( force guidelines" means the official
guidelines to Chapter 70.91 RC'.l/, de--yJ'eloped by the Washington State Commute
Trip Reduction Tusk Force Committee.
L. "Commute.trip reduction (CTR) zone" means an area. "Cyvithin the.city, such as u
census. tract or combination of census tracts, that is characterized by similar
employment. density, population density, le'l:/el. of . transit service, .parklng
u'l:yJ'uilability, access to high occupancy 'vehicle faoilities. and other factors "y-'l')'hich
are dctcrmineq to affect the le--/el of 80\' comm,uting.
L. ('Commute trip vehicle miles traveled per emvloyeell means the. sum .of ..~e
individual vehicle.commute trip lengths in miles over.a set period.divided by.the
numb.er. of full-time employees during that period.
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M. "Commuter ride matching service" means. a system that assists in matching
commuters for the purpose of commuting together.
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N. "Compressed Wwork Wweek" 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 'clur~i1g
the remaining days, resulting in fewer commute trips by the employee.. This
definition is .primarily ihtendetl. to include~-weekly and hi-weekly. arrangernerlts'l.
the inosttypical being four 10-hour days or 80 hours in nine days. but may also
include other arrangements~
o. "Custom. bus/buspool or 'I,:'lorker/dri"ler bus" means a commuter bus serVice
arranged specifically to transport employees to work~
P. Repealed--by Ord. 2003-22.
Q. "Dominant mode" means the mode of travel used for the greatest distance df a
commute trip.
R~ "Drive-Alone" means a motor vehicle occupied by one (1) employee for
commute purposes" including a motorcycle..
s. uDrive-Alone Tripsn means commute trips made by employees in single
occupant vehicles.
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IR~~~'ElIlployee.transportation coordinator. (ETC)" means a person designated on _ -'-..
site employee.. who is designated. as_~; responsible fOf... t~e development~
-- imple111entation.--- and monitoring of an administering - the employer's CTR
.progr~. . .
'. US. "Employer" means a sole proprietorship, partnership, corporation,.
unincorporated association, cooperative, joint venture, agency, department,
district" or other .individu.al or entity, whether p.ublic, nonprofit, or private, that
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v. "Exemption" means a waiver from any or all CTR program requirements
gratited to an employer by Kitsap Transit based on unique condition-g that.apply to
the employer or- employment site.
__ W+. "Flex-time" is an employer policy that provides work schedules allowsing
. '.individual e~ployees same flexibility.in choosing the start. and end time, but not
the .number., of their working, hours to 'facilitate the use of alternative- commute
modes.
XY. '~Full-time employee" means a person, other than an independent contractor,
whose position is. scheduled to be employed on a continuous basis for fifty-two
{52} weeks for.all_average of.at least thirty-five {35} hours per week.
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YlI-. "Good faith effort" means that an employer has met the following
conditions;
1. The employer has met the minimum requirements identified in this chapter and
in RCW 70.94.531 an~ this chapter; and
2~ The employer 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.. .
Z:W. Repealed by Ord. 2003-22.
A~. "Implem~ntation" or "implement" means active pursuit by an employer te
uchitf(/e of_ the' CTR. goals of RC.W 70.94.521-555 through 70 ~91.551 and this
chapter as' evidenced by appointment of an employee transportation. coordinator
(ETC) 'I distribution of information to employees regarding alternatives to drive-
alone commuting" and commencement of other measures according to its
approved eTR program and schedule.
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BE. .'A maior employer" means a private or public employer.. including state
agencies" that employs one hundred (100) or more full-time employees at a single
worksite yvho: are scheduled to. begin their regular. work ,day between...6.:00 a~in~..
and 9:0.0 a.m.: on weekdays for at,least twelve (12) continuous months~. .'
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CC. "Major employer worksite" or "affected employer ~orksite" or "worksite';
means the physical location occupied by a major employer. as determined by lhe
local i.urisdictioo.
DD~ ~"Maior : employment installation" means a military base or federal
reservation~. excluding tribal reservations'l or other locations as designated .by .,the
citY'I-at which there are one hundred (100) or more affected employees.
EE3f. "Mode'.' ,. refers to the means .of transportation .used by employees, such as
single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, flB(l walkihg.1
compressed work week schedule and telecommuting~
z. '.'Ne....vly affected emplo)rer" is an employer that is not an affeoted .employer
upon the effecti"yTC date. of this chapter but becomes an affected. employer
subsequent to the effccti",e date of this chapter.
FF. "Notice" means written communication delivered via the United States Pas.tal
Servic.e with .receipt deemed accepted three (3) days followinf!. 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.
GG~Presiding officer" means a person or persons designated by Kitsap
Transit to hear and determine a contested notice of civil infraction.
HH. "Peak PeriodlT means the hours from 6:00 a~m. to 9:00 a.m. (inclusive)'!
Monday. through Friday~ except legal holidays~
II.. .'~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 Fridav" except legal holidays.
JJBB~ "Proportion of single occupant 'Ilehiclc conunute drive-alone trips" or
"Drive-alone rate" ("S.O'I rate") means the number of commute trips over a set
period made by affected employees in single occupancy vehicles (SOV's) divided
by the number of potential trips taken by affected employees working, during that
period.
KKGG. "Single-occupant vehicle ("SOV)" means a motor vehicle occupied by
one employee for commute purposes, including a motorcycle.
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LLgf).. "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 o.ccupied by one .or ~ore affected employers.
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MMgg~ ,; '~Teleworking'~ or "Telecommuting" means. the use of telephones,
computers, or other similar technology iliat-12-permits an employee to .work at ..
from home" eliminating a commute trip" or to work from at a location closer to
-. home than the employer's worksite" reducing the distance traveled in a commute
trip by at least half. '
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NNW. "Transit" means a multiple-occupant vehic~e operated on a for-hire,
shared-ride basis, including bus, ferry, rait shared-ride taxi, shuttle bus,
worker/driver bus, or vanpool.. ,
0000. "Transportation demand management ("!D.M")" means the use a broad
range of strategies that are primarily. intended to red.uce and reshape demand on
the transportation system commute trips .madc. by 'single occupant --{chicles arid
vehiole miles traveled per employee.
PP.. T.'tTr~sportation: .Management ..Association (TMA)U means a group of
employers. or .~ association. representin~ a. group of employers in a d.efiried
geographic area. .A T!v1A- may .represent employers within specific city limits or
may have a. sphere of influence that extends beyond city limits.
QQHH. "Va~npool" means a vehicle occupied by seven five (5) to fifteen (~5)
people_ traveling together for their commute trip'l resulting in the reduction of a
minimu~ of one motor vehicle trip. . .
RRIi. "Vehicle miles .traveled ("VMT") per employee" means the sum of the
individual vehicle commute trip lengths i~ miles made_ by affected employees
ov~r a set period,. di vided by the number of affected employees during that period.
SSJJ. "Week" means a seven-day calendar period, starting on Monday and ending
on Sunday.
TIKK.."W.ee~day" means any day of the week, except Saturday or Sunday.
UUlb. "Writing," "written," or "in writing" means original, signed. and dated
dOCuplents~ Facsimile (fax) transmissions are a temporary notice of action that
must be followed via .mail or delivery of the original signed and dated document~
1.0.24.030 City CTR plan.
The goals .established for the iurisdiction and affected employers in the city's
2009 commute trip reduction plan, whicp. is on file with the city clerk's office; is
are wholly incorp~rated herein by reference.
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10.2:4.0.40 .Responsible agency_
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The. city has detetrilined that it:is within the public's. best interest to .enter into.. an.
interlocal agreement with Kitsap Transit pursuant to Chapter 39.34 RCW and
RCW 70.94~527,: whereby KitSap Transit will be. the agency. responsible for.
. implementing and administering the city's.CTR plan and this chapter.
1 0.24.050 ApiJlicabilitv ,-"'..fleeted employer.
The provisions of this chapter shall apply to all affected employers. at any single
worksite within the incorporated areas of the city..
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10.24.060 Change in status as an affected employer.
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Any. of .the follovying changes in an. affected employer's status may will 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 one hundred (100} or m_ore affected
employees ~d expects not to. employ one hundred {IOO} or more affected
employees for the next twelve {12} months, that employer is no longer considered
an affected employer. . It is the respo:Q-sibility of the employer to notify Kitsap
Transit, in writing, that it is no longer an affected employer. Th.e burden of proof
lies ,with the employer;
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B. Change In. Status within Twelve (I'2l Months~ If an employer under subsection
A of this section again employs one hundred (100} or more affected employees
within the .s~me twelve {I2l months as its..change in status to an "unaffected"
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employer, that .emp~oyer will 'be considered an affected .employer for the entire
twelve (12) months, and will.be subJect to. the same CTR program requireq1ents as
other affected employers. It is the responsibility of the employer to notify KitSap
Transit, in writing~ ~ha~ it has become an affected employer; and
c. Change in Status after Twelve (I2l Months, If an employer under subsection
A of this sect~on again employs one hundred (IOO} or more affected employees
more than twelve. (IZ} months after its change in status to an "unaffected"
employryr, that employer shall be treated as a newly affected employer and will be
subject to the sa~e 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;
10.24.070 Newly affected employers.
A. Reportip.g Date~ Employers meeting the definition of naffected employerU, in
this chapter must identify themselves to Kitsap Transit within ninety (90) days of
either moving into city's boundaries or growing in employment at a worksite to
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one hundred (100) or more affected employees~' .Employers who do not.identify
thems~lv:es within nin~ty (90),days are in violation of this chapter.. Ne~l'vly affected.
emplo_ycrs.shall"identify.themscl",es to Kitsup Tr-unsit ":lithiI190 days of becoming .
an affected employer or after mo",ing into the city' s bounduries~
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B. .CTR. Baseline Measurement Program. SubmittaL New.1y affected employers
shall.be given ninety (90) days to perform a baseline measurement.consistent with
the. .ll1easur~ment requirements specified by Kitsap. Transit.. Employers who. do ~
not. perform a baseline measurement .within ninety (90) days of receiving written
notification that they are subiect to this chapter are in violation- of this chapter.
granted a. minimum. of. 180 days from the date of official notification by. Kitsap
Transi,t that they are. an affected employer or from the date of self identification to
de"'/elop .and submit a CTR program.
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C. CTR Program Submittal. Not more. than .:ninety (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 Kitsap. Transit The
program will be developed in cons.ultation with Kitsap Transit to be .consistent
with t~e goals of the. CTR Plan, adopted in BIMC 1 O..24.030~ The progr~ ~hall
be implemented not more. than ninety. (90) days after approval by Kitsap Transit
Employers who do not -implement an approved CTR Program according to this
schedule ,are.in violation of this ordinance and subject to the. penalties outlined in
BIMC 1 O~24.~230 below.
c. CTR Goals~ Ne~I/Iy affected employers shall. ~U'lr/O t;YO years from the date of
their CTR program appro"/ul to meet the first CTR goal of 15 percent; four years
from the date of their initial CTR program appro'lr/al to meet the second CTR goal
of.20.percent;..six,)Tears.from tho date of their initial CTR program appro't7/ul.to
meet the third CTR goal of 25 percent; and 12 years from the date of thoir initial
CTR program appro",aI to meet the fourth CTR goal 0[35 percent.
10.24.080 Notification of applicability.
A~ Publication of Notice. In addition to the city'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.. a.-notice of the ~equirements and criteria for affected employers to comply
with the. chapter" shall be published at least once in the city'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 within the
city shall receive written notification from Kitsap Transit that they are subject to
this chapter. Kitsap Transit shall.also send to alllrno'"vn affeoted employers notice
of u":y amendments to this chapter. Such notices shall be by certified mail or
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deliv~cry,.: ~return-.. receipt requested, addressed to. the.. employer's emplo.y.ee
transportation coordinatofL-chief executive officer, senior official, or registeted
agent. at. the worksite.~. .Such notification. shall be provide .ninety (90). days for ~fhe
affected employer to perform a. baseline measurement consistent with the
measurement requirements soecified by Kitsap Transit deli"vered ""vithin 30 days
of the. effeOti"vo date of this chapter ot any amendments hereto. If. an affec~ed
employer has. .already performed ': a: 'baseline .-measurement~ or an alternative
acceptable to Kitsap Transit,. the employer is not reQuired to perform another
baseline measurement.
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c. Self-Identification. Affected employers who, for whatever reason, do not
receive notification within thirty {30} days ofthe.effective date of this chapter.~d
are. either. notified: or shaij- identify themselves- to Kitsap Transit within ninety (~O}
days of the effective date of this chapter will be granted an extension to assure. up
to ninety (90) days within which to perform a baseline measurement consistent
with the measurement. requirements specified by Kitsap Transit Upon S"~lf
identification, stioh' affeoti3d employers \vill be granted 180 days from identifying
to submit a CTR program.
D. Time Limits. Affected employers that have not been identified or do bot
identify themselves within ninety (90) days of the passage of the ordinance and..-.do
not .' .perform . a baseline measurement consistent with the measurement
requirements :specified .by Kitsap Transit within ninety (90) days from the pass..age
of the ordinance are in violation of this ordinance.
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10.24.090 CT.R program submittal date.
Except as otherwise provided in this chapter, not more than one hundred eighty
(I80} days from the effective date of this chapter, all affected employers within
the .city shall submit a CTR program to Kitsap Transit..
10.24.100 CTR program implementation date.
Unless extensions are granted EJ(ccpt as otherwise provided in this chapter, an
affected employer!.s shall implement its approved CTR program shall be
ifaplemented. including approved program modifications, not more than -t-8G
ninety (20) days after receiving written notice from the date the CTR progriun
~,,"tUS initially submitted to Kitsap Transit that the program has been for approvedal
or with the expiration of the program review period outlined in RIMC 10.24. i 70
without receiving notice from Kitsap Transit.
10.24.110 Mandatory CTR program elements.
The employer's CTR program must be designed to uchie"'8 the CTR goals set
forth in this chapter. +he An affected employer is required to shall make a go~od
faith effort, as defined in this chapter and in RCW 70.94.534(2), to develop dnd
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implement.a .CTR . program that will encourage. its employees to reduce VMT. per.
employee and SGV drive-alone commute trips~ At a minimum, an employer'.~
CTR:program.shall include the following elementSl.
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.t^~. Site Description. J.A~ general description of the employment sito locution, .,,":hich
shall. include a description of the le-'101 of transit ..ser-vice, . parlcing u"luilabilit)T,
access to high".vays, and unique oonditions ex:perienced by tho employer or its
d employees -that might affect the Ie-vol o.f 80'\' .oommuting and 'lMT per
employee~
,.. B~ Employee Information. The total number of affocted emplo)rees~
AG. Employee Transportation Coordinator. The name. of the. employer.!..s - shall
designated an employee transportation coordinator (ETC) appointed to administer
the CTR program,. The ETC's and/or designee's name, location, and telephone
number must be . displayed. prominently,,- physically or electronically~ at each
affected. worksite. The ETC shall oversee all elements of the employer's CTR
program and shall act as liaison between the employer and Kitsap Transit. The
obiective is to have an effective transportation coordinator present at each
worksite: an affected employer with multiple sites may have one ETC for all sites~
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Bl).. Information Distribution. .t^j. commitment to rOegularly distribute to its
cmployees'Iinformation about alternatives to SGV 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 city with the employer's
program description and regular report Each employer's subsequent ar,nual report
must inolude a description of the information to be distributed and the method of
distribution~
CB. .lA~nnual Progress CTR Program Report and Description~ J.^J.. commitment to
annually re~Jie",.'{ emplo)'cc commuting and progress to'Cyvurd meeting the . CTR
goals. .t^~ffected employers ;Shull file an annual progress f9jJort "y~{ith Kitsap
Transit. The annual report form shall be pro~lided by Kitsap Transit and shall be
consistent ",,--nth the CTR task force guidelines. Sur.."y~y information or approv'ed
alternati~/e information must be provided in the reports submitted by affected
employers ~ in ,the. seoond, fourth, sixth, eighth, tenth and t\,yclfth year after
program implementation. begins.. The CTR Program Report and Description
outlines the strategies to be undertaken by an employer to achieve the commute
trip. reduction. goals for the reporting period. Employers are encouraged to
consider innovative strategies and combine program elements in a malUler that
will best suit their locationll site characteristics" business type" and employeest
commuting needs. Employers are further encouraged to cooperate with each
other to implement program elements.
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At ..a', minimiun'l' the employerfs CTR Program Report and Description niust
include: ...
.L a general description of the employment site. location~ .transportatlon
characteristics~ employee parking availability" on-site amenities" dnd
surrounding serVices~ .
2. the number of employees affected by the CTR program and the total number
of employees at the site~ .
~ documentation on compliance with the mandatory CTR program elements ,(as
described in this section)~
4. description of any additional elements included in the employer's erR
program (as described in this section): and
5.. a statement of organizational commitment to provide appropri~te resources to
. the. program to meet the employer's established .goals.
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F ~ Record Keeping. ....A~ list of records. that shall be kept by the employer that caif.be
llse'd to c'vuluo:te the :employer's- CTR prograrh~ Kitsup. Transit and the affec.fed
employer shull. agree. In "~vriting on tho record lceeping requirements as. part of-the
affected employer's nppro'ved CTR.program. Employers shull-maintain all records
listed in their CTR-program for a minimum of21 months.
DG. Specific Measures. In addition to the mandatory program elements describ:ed
above, the employer's CTR program shall include specific ineasures to be
implemented to meet the CTR goals.. These measures may include, but are not
limit~d to, one or more of the following:
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1. A provision for .preferential parking or reduced parking .~chatges, or both, for
high-occupancy vehicles;
2. An implementation or increase of parking charges for SO'I's drive-alone
commuters;.
3. A .provision for commuter ride matching services to facilitate employee
ridesharing for commute trips,
4. A provision for subsidizing transit~ fait or vanpool fares;
5 ~ A provision for vans or buses for use ~s vanpools or custom bus/buspdbls
(Kitsap Transit's worker/driver buses) for employee ridesharing;
6. A provision for subsidizing carpools~ walking" bicycling'!, teleworkihg'l
compressed schedules or vanpools;
7. A .provision permitting the use of the employer's vehicles for carpooling or
vanpooling, purposes;
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8. A . provision permitting flex~time' to facilitate. employees' use.. of transit,
carpools; or vanp~pls;.
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9. A provision for cooperation with transportation providers to ,provide additional
regular or express service to the worksite;
10. A provision for the construction. of special loading and unloading facilities for
transit, carpool,.. arid vanpool users; . .
11. A. provision.' for bicycle parking facilities,. ..lockers, changing areas,. and
showers for employees who bicycle or walk.to work;..
.12. A provision for a parking incentive program, such as a rebate for employees
who do not use the parking facilities;
13. A provision esta~lishing a telecommuting program to permit employees to
work p_~rt- or full-time at home or at an alternative works~te closer to their homes; ,
14. A provision establishing a program of altemative.~9rk schedules,. such as a
compressed workweek that reduces commuting;
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15.. A provision, establishing . a guara~teed. .ride home program.. that would
guarantee, in cases of emergency,. trat;lsportation home to those employees who
normally use an alternative commute mode; .
16~.A provision implementing other measures designed to facilitate the use of
high-occupancy vehich~s,:. such as on-site day care. facilities and e,mergency taxi
servlces7~
17 ~ Other measures that the employer believes will reduce the number and length
of commute trip~ made to. the site.
E~ Regular Review~ Each affected employer must cornmi~ to annually review employee
comm.uting and progress toward meeting the CTR g.oalsl Affected employers shall
review their program and file an annual progress relJort with Kitsap Transit. The. annual
progress rep.ort form shall be provided by Kitsap Transit. The progress report shall
describe each ()fthe CT~ measures that were in effect for ~he previous year" the results of
any.commuter surveys up.dertaken during the year" and the number of employees
participating in CTR programs. Within the report the employer should evaluate the
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effectivenes~ of the CTR program and~ ifnecessary~ propose modifications to achieve the
CTR goals.. SUrvey information or approved alternative information must be provided in
the reports. .
F~ Biennial Measurement of Employee Commute Behavior. In addition to the
baseline rneasurement~ employers shall conduct a program evaluation as a means
of determining worksite progress toward meeting CTR goals. As part of the
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program ~ .:evaluation~ .: . the employer shall distribute. and .collect ,Commute Trip
Reduction Program Employee Questionnaires (surveys) at least once every'two.
(2) years'! and strive to achieve at least a seventy percent (70%) response rate from
emplove.es at the worksite.
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G. Record Keeping. Affected employers shall maintain a copy of their approved
CTR~ ~Program -: -Description and. Report'! their CTR Program Employee
Ouestionnaire results" and all supporting do.cumentation for ~the descriptions ~dnd
assertions made in any CTR report to the city for a minimum of forty-eight (48)
months. The city and the employer shall agree on the record keeping
requirements as part of the accepted..CTR.program.
10.24.120 Request for modification of CTR program elements.
An. affected' e~ployer may. request a modification of the CTR program elements.
This request must be in writing and delivered to Kitsap Transit.. . An employer's
request for a modification of the CTR program may be granted by Kitsap Tratisit
if either of the following conditions are met: -
A. Beyond Employer's Control. The affected employer demonstrates that it is
unable ~to comply with. the C.TR. program .element(s) for which the .affected
employer seek.s an ex.emption due to reasons beyond the control of the employer;
or
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B. Undue Hardship. The affected employer demonstrates that compliance with the
CTR p.rogram element(s) would constitute an undue hardship to the employer.
10.24.130 Exemption from CTR program.
A. Exemption from All Requirements. An affected employer may submit to
Kitsap Transit a written request for an exemption from all CTR program
requ~rements, or from penalties for a particular worksite. In making suen a
request, the employer must demonstrate that. it would experience undue. hardship
in' cotpplyihg. .with the requireQ1ents of this chapter. as a result of the
~haracteristics .of. its business, its work force, and/or its location(s).. The
employer's . request, should clearly identify the circumstances under which the
affected employer seeks an exemption from all CTR program requirements. An
exemptic)n' :may be granted if. and only if the affected employer demonstrates that
. . it faces. extraordinary - circumstance~ such as bankniptcy, and is unable to
implement any measures that CQuld reduce the proportion of 8GV drive-a.ldne
trips and VMT per employee~ Exemptions under this section may be granted by
Kitsap Transit at any time following the employer's written request for
exemption. Kitsap Transit shall grant or deny the request within thirty (30) days
of rec,eipt of the request. Kitsap Transit shall review annually all employ~rs
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teceiying_exemptions and shall determine whether the exemption will continue to
be in effect during the following program year..
B. Ex.emption .for-.~mployees. Using Vehicles for Work. An affected. employer
may submit to Kitsap Transit a written request to exempt specific ~employees or
groups. of employees that are required to. drive alone to-: work as a condition of
employment .from a. worksite's CTR program use their ovm Tlehioles. during the.
"11orkdri.y for '(r'KT"ork purposes. The. employ~r shall provide documentation indicating
th~ number of employees who meet this condition and shall demonstrate that no
reasonable alternative commute mode exists for these employees. Under this
circumstance, the applicable CTR goals shall not be modified;. ho....ve..'or those
employees "T~/hosc. '"vorle duties require duily access to their "{chicles shall be
excluded from the calculations of the ratio of 80'1 commute.trips and 'lMT per
,4:. - employee, used to determine the employer's progress to'ly-'yllfd meeting its CTR-
program goals. 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 thirty (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 An affected employer may submit a written
reQl1est to ~ Kitsap Transit to exempt specific employees who work variable shifts
throug~out the :year and who do not rotate as a group to identical shifts. Kitsap
Transit ~ill .use the crite.ria identified in the CTR .tas~ force Bo.a!d Administrative
guidelines to ~~sess_.th~ validity of an. e:mploy~,e ex~mption r~ques~. made pursuant
to this subsection. Kitsap Transit shall grant or deny the request within thirty (30)
days. of receipt of the request Kits.ap Transit shall re.view. annually. all employee
exemption'requests, and shall determine whether the exemption will be in effect
during the.following.program year.
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10.24.140 CTR zone aud values.
The board of commissioners of Kitsap Trnn3~t shull be authorized .to establish by
resolution the CTR zones '1;vithin the city, the boundaries of these zones, and the
base. yeaJ;. ~/ahles for SO'I rate and "'/MT per employee "~'vithin the CTR zone(s).
This resolution shall be passed by January 31, 1993.
10.24.1~~O.Commute Trip Reduction Goals Percentage reductions of
SOVs and VMT per employee.
A. City-wide CTR Goals. City goals for reductions in the proportions of drive-
alone commute trips and vehicle miles traveled per employee by affected
employers. in the city's iurisdiction are hereby established bv the City of
Bainbridge Island's CTR Plan incorporated by BIMC 10.24.030. These goals
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establish the desired level of performance for the CTR program in its entirety in
the city~
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The city, .will. set the individual worksite goals for affected employers based .:on
how the worksite -can contribute to the.city's overall goal established in the.CTR
plan~. The. goals will appear as a component of the affected employer's approved
implementation plan outlined in BIMC lO~24~ 11 O~ The CTR goals for an. affected.
employer's CTR program shall be u reduction in tho proportion.of SO'.' commUte
trips ~nd.'lMT per employee as fo~lo"lyTs:'
1. Fifteen percent by 1995;
2. T"J{enty peroent-by 19.97;
3. T~,,"y~nty fi"'/c percent by 1999; and
1. Thirty fi"/e percent by 2005.
B~ CTR Goals for Affected Employers. The drive-alone and VMT - goals for
affected employers in the city are hereby established as set forth in the CTR plan
incorporated bv BIMC 1 0924.030~
If the goals for an affecte.d employer or newly affected employer are not liSted in
, the .CTR.. Plan~ they shall be estabJished by Kitsap Transit at a level designed,. to
achieve the city's overall goals. for the jurisdiction. Kitsap Transit will provide
written notification of the. goals for each a:ffecte.dl employer worksite .'by providi.ng
the' information ..when Kitsap Transit reviews the employer's proposed prOgram
and incorporating th.e goals into the .program approval issued by the city.. +hese
reductions shull be measured from the 'base year 'values of the CTR zone in "vvh"tcb
the affected employer is located. The methods used to determine an affected
employer's SO'/ rate and '1M! per employee shall be consistent 'I.vith the CTR
task force g-uidelines.
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10.2~~I~'O Modi~cation of CTR program goals.
An .affected employer may request that Kitsap Transit modify the employer's
CTR program goals. ' Such request~ shall be in writing and filed with Kitsap
Transit at least sixty (60} days prior to the date the employer is required to submit
its program description and annual report. The goal modification request must
clearly explain why the employer is un_able to achieve the applicable goaL the
employer must also demonstrate that - it has implemented all. the elements
contained in its approved CTR program~ Kitsap Transit shall review and decide
requests. for goal modifications in accordance with procedures and criteria
identified in the CTR task -force Board Gguidelines. An employer may not
request a modification of the applicable goals until at least one year after Kitsap
Transit has approved the employer's initial program description or annual report
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10~24.170.Credit.for.progra'ms implemented prior.to the base.)Tear.
Employers ",,"lith:. successful transportation dcmnnd management (TD11) programs
Implemented prior to the 1992 base year, may be eligible to tecei~/c a,special.onc
time CTR _ progrum cJ(cmption credit, --l"Fhioh exempts them from most CTR
progratn. requirements~ .tA~ffcct~d employers 'Iyvishing .to r~cei't:/e ,this ~redit m-ust
apply .-in. ..,,~ti:itihg . to Kitsap. Transit 'y~/ithin. 90 . days. of the. adoption of this
ordinance... .The employer.'s application. sholl. include data-, from a sun'ey' of
employees or equi~/alent to establish the applicant's "'(M_T per employee and
proportion of SO"'l commute trips. The sur--ley or equivalent data shall conform to
. all applicable stand~!ds es.tablished in the CTR task force guidelines. ..t^;a.n .affected
- employer shull be considered to hU'/e. met the 1"995 CTR goals if their '/MT pcr
.. ~mployee.anq,proportion;of.80'\T.c.o~mute trips are .equi--yFulent to a 12 percent or
greater.. ~eduotion f:rom, the bas~ ypar CTR zone ow'allles.. These: thr~e. percentage
point cre~its. apply only to thc.1995 CTR goals,
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10.24.175 Credit for modifjeatioR of employee work sekedQle~.
Employers that modify their employee "lfOrk schedules so .that soine or all
employeos;are, not scheduled to arrive at "~OW{ork bet'l"veen 6:00. aim.. and 9:00.Q.m.
shall. bo pro~I'Tided credit --Tvhen caloulating the: SO'I use .and '/MT at .the
employer'.s: "yvorl(site. .This credit shull be . a",."{arded . if the employer's.
implementation, of u modified ",,"{orlc schedule ......{US an identified. clement in that
emploY-Of's appro~/ed CTR program, or if the schedule change occurred because
of impacts. associated --,,"lith this chapter and Chapter 37.601\. RCW, the Gro......yth
Management .LA~ot. Employers "l'Jnshing to rccci..{c this credit m-ust. apply in \vriting
to Kitsap Transit.
10.2..4..180 Process to apply for CTR program exemption credit.
.I.^;t.. .t^;a.ffec!ed employers may apply. for program exemption credit for the .results. of
past 'or current CTR. efforts by applying in 'K,,-'tTiting to Kitsap Transit in their initial
CTR program description or us part of any other llrJ1ual CTR progross report. The
employer's application shall include results from u. survey .of employees, or
equi-':/ulent information that establishes the applicant's, '/MT pet employee and
proportion~ .of 80\1" .commute trips. The survoy or .equi'{ulont information shall
conform to all applicable standards established in Section 7, Survey Guidelines,
of the CTR tusl( force- guidelines..
B. Employers that apply for program. exemption credit and 'llhose 'IMT per
employco. and .proportion of sa'll commute trips .are equal to or less than the CTR
goals for one or more future goal years, and . that commit in "l11Titing to continue
their curr.cntl(r~ICI.o.f effort, shull be exempt from the requirements of this chapter,
OKCept for the .requirements to report performance in 1995, 1997, and 1999~ If any
of these repot1s -indicato tho. employer does not satisfy the next applicable CTR
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goal(s), the employer shall imm.ediately.beco.IDc subject to all requirements of this.
chapter.
10.24.1290 Notice of leadership certificate.
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As public recognition for their efforts, affected employers:who meet or exceed ihe
CTR goals as set. .forth in this, chapter shall receive a cominute trip reduction
certificate of leadership from the city. A notice of this certificate of leadership
shall be published in the. city's official newspaper.
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10.24.17~O'.CTR'program and annual report review.
/'... /'.l.pproval. Kitsap Transit 'shall review each affectede~ployer'sinitial erR
program. to determine. if the pro.gram is Iikel.y to. meet the applicable.CTR go.~ls.
Kitsap Transit shall provide the employer. with written notification if the
employer's CTR program is deemed unacceptable. The notification must give
cause 'for arty tejection.~.. Such .notification shall be .by personal deli"very:. or
certified mail, return receipt requested, addressed to the employer' s emplo~~ee
transportation. .coordinator~ If. the employer receives no written . notification of
extension of the review' period of its CTR program or comment on the CTR
program.or aJll1ual-report within ninety (90)~days of the progtam's submissitln,
the employ~r's CTR program or . annual. report shall .be deemed accep_ted
appr.o~y~cd;~ .pro-.:iided, that Kitsap Transit may extend the review period up.. to
ninety (90} days by p~o'liding the employer "~:Yritten notice. of tho o)(tension.. the
implementation date. for the employer's CTR program shall be extended an
equivalent number of days.
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B. Conditional .t^Jo.pproT/uL Kitsap Transit may determine that an employer's CTR
program is appro'yTed. on the condition that certain aspects of the pro gram- . :be
modified. In this case, Kitsap Transit shall notify the affected employer of .!he
required modifications.. Such notification shall be by personal dcli",cry or certified
mail; return .receipt requested, addressed to the affected employer's employee
transportation. coordinutor~ .t^;t.ffectcd employers shall be gi-len 30 days from .the
date of such notico to submit a re~/iscd CTR program in accordanoe v{ith the
required modifications. Kitsap' Transit shall hu",e. 30 days from tho dute the
re'vised CTR program is recei'y~ed to accept or reject the rc.",ised CTR program.
c. Rejection. Kitsap Transit shall pro',idc the employer ~yyith a ".vritten notice. of
rejection if the employer's CTR program is deemed unaccoptu-ble. Such notice
shall be.by personal deli'l/cry or certified mail, return receipt requested, addressed
to the' affected employer's employee transportation coordinator 'llithin 15 days of
tho .CTR program's submittal date. The notice shall specify the reason(s) for the
rejection. Kitsup Transit shall schedule a meeting. 'C~yith the affected employer
"'yvithin 21 days of the date of notice. During the meeting Kitsup Transit. sHall
pro-.:/ide technical assistance to the affected employer ~ The affected employer sl1all
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be gi\~en 30 da}~s. from th~. date of the meoting to submi~ a .re."'lised. CTR.program.
Kitsap Transit shull hU'C/e 30 days.to accept or reject tho fe"vised CTR program. .
lO.24.18UO Annual reporting: date CTR aRRHal 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 ~ha'n 12 months from the .date the employer's CTR program ",{as appro"l:/ed.
..- .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 consistent with
BIMC. 10.24.11 o.e above.
10.24.19>>0.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
pro.gram. Su.ch requests: shall be made in writing .and shall. be personally delivered
or mailed -"lid certified mail,' return receipt requested, to Kitsap .Transit not less
than thirty .(30) days prior to 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 written notice certified letter, return receipt requested, within ten (lill~
days ~of.receiving the request If there is no resp.onse is.sued to. the. employer, an
extension .shall~,be automatically grantedi 'for. thirty.. (30). days. Extension's shall not
exempt an employer from any responsibility in meeting the. .CTR program goals~
Extensions granted due to delays or'difficulties with any CTR program element(s)
shall ..not' be cause for discontinuing or falling to implement other. program
elements. . An employer's annual reporting date shall not be adjusted permanently
as a ,-result of these extensions. An employer's. annual reporting date may be
extended at the discretion of Kitsap Transit~
1 O..24.2!!~O Compliance.
Except as otherwise provided in this chapter, compliance shall mean~
A~ .EmIly implementing in good faith all mandatory program elements as well as
provisions in the aB: approved a-ccepted CTR program description and r.eport:
and satisfying the requirements of this chapter~
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.
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10.24.2140 Required CTR program modifications criteria.
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.A. Kitsap Transit shall use the following criteria for achieving goals- .for VMT..'W
employee: ."imd proportion of drive-alone trips. in determining.. requirements
't7yvhether an for affected employer shall be required to make modifications to its
CTR program mo.difications: -
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A>h 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 .b~th .<the
applicable: SO'I or ~/MT goalfsj, the employer shall be. deemed. to ha~le .lias
satisfied. the- objectives of the. CTR plan and shall-will not be: required to modify
improve its CTR. program. _" . -
B2-. Fails to Achieve Either Goal.
la. 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 either the applicable drive-alone SQV. or VMT goal,. no, additional
modifications are required~ Kitsap Transit shall ."C,,"Iftrorlc "lfy..tith. the.. employer to make
modifioations to. .the employer's eTR program. .tA~ftcr making. modifications
acceptable .to Kitsap. Transit, the employer shall submit a re",iscd CTR progmm
description to .Kitsnp Transit. for appro"/ul "~"/ithin 30 days of reaching ':an
agreement.' ,
2b. 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)'l and fails.to mee~:either -the
applicable drive-alon.e .8fW ot VMT. reducti0n goal, .Kitsap: Transit shall work
with the employer to. identify necessary. modifications to the CTR pr.ogram dnd
shall direct the employer to . revise its program within. thirty (3D} days to
incorpotate:the modifications~ to come jnto compliance with the measures,defined
by .RCW70.94.53.4(2). In response to the recommended modifications, the
employer shall submit a revised CTR ~rogram Ddescription and rep'(}rt,
including the requested modifications or equivalent measures, 'within thirty (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 rejected, Kitsap Transit shall send written notI-ce
to that effect to the employer .within thirty (3D} days and, if necessary, require the
employer to attend a conference with program review staff for the purpose of
reachingt a consensus on the required program. A written final decision on the
required program shall be issued by Kitsap Transit within ten (to} working days
of the conference. .
1 O.24.2~~O Violations.
The following shall constitute violations if the deadlines established in ef-this
chapter are not met:
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A.. .Failure to .develop and/or submit on time a complete CTR. program by.the
applicable -dcadlin-cs, as stated in this chapter;
B;,Failure to implement an approved CTR program.unl.ess the program elements,'
_~ that. are .carried out can be shown through quantifiable evidence to meet or exceed
VMT and drive~alone. goals as specified by. the .applicable deadlines, as stated in
this _.chapter;
C::Failure.. to. modify an unacceptable revise a CTR program .by the applicable
deadlines,. as defined. in. RCW. 70.94~534( 4) and stated in. this chapter;
D~ Fai~ure of an affected employer to self identify as an . affected employer itself to -
'.,K1tsap .Transit\.vithin 90 days of the cffccti'lC date of this ohapter;
E. Failure of a newly affected employer to self identify M..itself to Kitsap Transit
'f1'"vithin.99 .days ofbcco~ing an. affected employer;
F~ Failure to timely submit an annual CTR program progress report to Kitsup
Transit;
G~ ,Failure to maintain agreed. upon CTR. program records or perform a baseline
measurement'! including;
1. E,mployers notified or that have identified themselves to Kitsap Transit within
, ninety~ (gO) days of the ordinance. being adopted and that do not perform a
baseline. measurement :consistent with. the requirements specified by.Kitsap
Transit within ninety (90) days from the notification or self-identification:
2~ Employers_ not identified or self-identified within ninety (90) days of the
ordinance being adopted and that do not perform a baseline measurement
consistent with the requirements specified by Kitsap Transit within ninety (90)
days from the adoption of the o_rdinance:
H. Intentionally submitting false or fraudulent information, data and/or survey
results;
I. Failure to make a good faith effort. in meeting the minimUlU requirements of this
chapter or in implementing necessary modifications to the employer's CTR
program, as defined in this chapter and in RCW 70.94.534 (2)~
Failure. of an employer to reach tho applicable. CTR reduction goals shall not
constitute n 'Ir,iolation of this chapter.
10.24.2J.'O 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.
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Pursuant to RCW 7.80.120, Kitsap Transit shall issue civil infractions pursuant to
this chapter.
B.. 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-..ib.is
chapter is- committed or continued and shall be subject to civil penalties as herein .
provided.
c. . Failure Due to. Union. .-An affected-_ employer .shall not be. liable for civil
penalties if failure to implement an element of a 'CTR...prograln, 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 gdod
faith. Unionized employers shall be.presumed--to..act in good faith compliance,if.
they:
1~ 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
2. Advise th.e -union of the existence of the ''Ill ashington State CTR LU"lllstatute,
this Qhapter,. and the mandates. of the CTR. program approved by. Kitsap
Transit and advise the union that the proposal being made. is nec~ssary for
-compliance with this chapter and state law~
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D. Not Liable. No affected employer with an approved CTR program which .has
made a good faith effort shall may. be held.~ia~le for.failure to reach the applicable
drive-alone S{Al' or VMT goals.
1 O.24.2~+O Adjudicative procedure.
A~ Service of the Notice of Infraction. An adjudicative procedure under this
chapter shall be commenced by the issuance of a notice of civil infracti;on.
Service' of a notice of civil infraction shall be by personal service. or by certified
mail, return receipt requested.
B. Contents of the Notice of Civil Infraction. The notice of civil infraction snail
contain the following:
1. 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;
2. A statement that a civil infraction is a noncriminal offense for which
imprisonment may not be imposed as a sanction;
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3. A statement identifying the party issued the notic.e .of civil infraction;
4. A statement identifying.'the nat~re of the violation fOf which the notice. was
issued; ,
.' 5.. A statement ,of the monetary penalty established for the civil infraction;
6. A. stateme~t identifying the party's right to appeal. the notice of civil infraction,
and the appeal. procedure;
7. A statement that a party must respond to a notice of civil infraction within
fifteen II5} ,days of_the. .date the notice of civil infraction is received;.
8. A.,statement that failure to .respqnd to.the-notice of ciyil iJJ.fraction as dir~cted in_
this .ch~pter sh~ll result in the entry of a default j~dgment, against the party. named
in tl)e .notice of civil infraction for the cited monetary penalty.
c. Failure to Respond~ A notice of civil infraction represents a determination that
a civil infraction has been committed~ The determination shall be final unless
appealed as provided in this chapter.
D. Heari1).g on a Civil- Infra~tion.
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1. An affected employer or newly affected employer issued a notice of civil
.. infracti9n'm.~y request a hearing on the notice of civil infracti~n by. submitting
to the presiding officer a Written request for a hearing not later than fifteen
. (IS) day~ ;froffi. the .date the notice of civil infraction was served. For the
purpose .of this subsection, a notice of civil infraction that is serve~ via
certified mail, return receipt requested, shall be deemed to have been served
three (3}.days after the notice was placed in the U.S. mail.
2. The presiding officer shall schedule a meeting between the affected employer
. or newly.affecte.d employer and the presiding officer not later than fifteen (I5)
.days after a timely hearing request is filed. At such meeting, the affected
employer qf newly affected employer ~hall explain its view of the alleged
infra,ction and the presiding officer shall explain Kitsap Transit's view of the
matter.
3. The presiding officer shall consider the testimony offered by the employer or
newly affected employer and Kitsap Transit's position in reviewing the
propriety .of the notice of infraction. If the presiding officer shall, within ten
Q.Q} days after the meeting, serve the employer and Kitsap Transit with a
written determination. The written determination shall state the presiding
officer's reason(s) for affirming or overturning the notice of infraction. In
cases where the presiding officer affirms the notice of infraction, the written
determination shall also include information about appeal procedures.
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4. The written findings" of the presiding: officer shall be considered an iniJial
order. If the affected or newly affected employer does not appeal as provided
for in this chapter, the initial order shall become the.final order..
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1. ..
1 O.24.2~80 Appeals.
A. Ven~e. The affected or newly affected ~mployer may appeal the initial order
of the presiding. officer to the south division of the Kitsap County district co.uft.
Alternatively, the employer may appeal the initial orde~ pursuant to the
administrative process set forth in subsection C of this section.
B. Time. An appeal of the ptesiding.officer's initial order purstfaht to. this section
shall be commenced by filing, within thirty (3D} days of the issuance of tl).e
presiding .bfficer' s written determination, a. written. notice of. appeal with the
district.cou.rt,. in .cases where the employer seeks review by the disttict court, or
with Kitsap Transit, in cases where. the employer seeks administrative review
pursuant to this section.
c. Administrative Review Process.
1. Upon ~eceiving a timely written notice of appeal of the presiding officer's
initial order, Kitsap Transit shall hire and pay for a hearing examiner for the
sol~ purpose of hearing the appeal of the o~der.
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2. 'Appeals shall be heard within sixty (60} days o~ the date the notice of appeal
is . received by Kitsap Transit; provided, that no appeal shall be .set less tHan
.fifteen (I5) days after notice of the .date for the appeal is mailed by certified
~ai1,.rettim receipt requested, to the party seeking review.
3. The hearing examiner shall evaluate employers' appeals of initial orders
issued pursuant to BIMC 10.24.21,10 by determining if the decisions w~re
consistent with this. chapter, the statute, and the CTR Board administratIve
task. ~otco guidelines. The presiding officer's initial order may.be overturiied
by the heating examiner if the employer eStablishes that the violations for
which the employer was cited occurred for the reasons beyond the control of
the employer, or, in cases where the employer was cited for failing to modify
its CTR program as directed by Kitsap Transit, the employer establishes that
the modifications required by Kitsap Transit are unlikely to reduce the
proportion of 8.fAl drive-alone co.mmute trips and/or VMT per employee.
4. The. decision of the hearing examiner shall. be final, unless appealed to the
Kitsap County superior court within twenty (20} days from the date of the
issuance of the decision~"
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Section 2. If any section, subsection, paragraph, sentence,- clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 3.. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
PASSED boY the City Council this 23rd day of September 2009w
APp.ROVED by the Mayor this 24th day of September 2009.
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Christopher Snow, Mayor
ATTEST/A.UTHENTICA TE:
Q.y.Q (J~rJ..., \nj")~
Rosalind D. Lassoff, ity Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.
July 14, 2009
September 23, 2009
October 2, 2009
October -7, 2009
2009-16
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