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(a) No building permit or final certificate of occupancy shall be issued by the City without the submission to and approval by the Director of a TDM Plan submitted by, or on behalf of, the property owner for a TOD Project that is assigned a TDM Tier of one (1) or greater in accordance with the TDM Program Standards.
(b) No final certificate of occupancy shall be issued by the City without the issuance of a Certificate of Registration required under Section 301.07.
(c) Exception. No TOD Project consisting of five thousand (5,000) square feet or fewer shall be subject to the TDM Program Standards.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) Within 90 days of the effective date of this chapter, the City Planning Commission shall adopt the TDM Program Standards. The TDM Program Standards shall be made publicly available in print and published in the City Record and on the City Planning Commission's website and shall become effective 30 days after publication in the City Record.
(b) The TDM Program Standards shall be updated from time to time, as deemed appropriate by the City Planning Commission, to reflect best practices in the field of Transportation Demand Management.
(c) When preparing, adopting, or updating the TDM Program Standards, the City Planning Commission shall be guided by the Statement of Purpose of Section 301.01, specifically the goals to reduce SOV Trips and VMT, increase transit ridership, and increase mode shift to modes of transportation alternative to the motor vehicle, and shall abide by the following:
(1) The requirements of the TDM Program, as set forth in the TDM Program Standards, shall be proportionate to the total amount of VMT and/or SOV Trips produced by TOD Projects.
(2) The TDM Program Standards shall provide flexibility for TOD Projects to achieve the purposes of the TDM Program in a way that best suits the circumstances of each TOD Project, including a menu of options from which to choose, known as the TDM Menu.
(3) Each of the TDM Menu options shall be assigned a number of points reflecting its relative effectiveness at reducing VMT/SOV Trips, as approved by the City Planning Commission.
(4) The TDM Program Standards shall establish TDM Tiers to determine the minimum threshold of points required for compliance by TOD Projects with the TDM Program. TDM Tiers shall be determined by such metrics deemed appropriate by the City Planning Commission and shall include square footage by use and gross square footage as one criterion and any other combination of criteria related to TOD Projects such as:
A. total number of housing units
B. total number of anticipated employees
or other criteria as determined by the City Planning Commission.
(d) The TDM Program Standards shall specify the requirements for a TDM Plan, including the administrative process for submission, review, and approval by the Director.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) The Director of Building and Housing shall forward Building Permit applications and proposed TDM Plans, if applicable, to the Director of City Planning.
(b) A proposed TDM Plan shall be reviewed in conjunction with any other necessary reviews required by the City.
(c) Compliance with the TDM Program, including compliance with the finalized TDM Plan, shall be a condition of approval for the TOD Project.
(d) The TOD Project shall be subject to the TDM Program Standards in effect at the time of its first application. If the City Planning Commission has issued revised TDM Program Standards subsequent to the date of the TOD Project's first application was filed, then the applicant may elect to have the TOD Project be subject to the later-approved TDM Program Standards.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
No person, firm or corporation shall implement a use or change use within the TOD Zone without a current Transportation Demand Management Registration ("TDM Registration") for a TOD Project required to submit a plan, or fail to implement a plan approved, under division (a) of Section 301.03.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
Every applicant for a TDM Registration required by this chapter shall make an application in writing to the Commissioner of Assessments and Licenses, which application shall provide the following information:
(a) The name and address of the applicant, and, if a partnership, the names and addresses of all partners, and, if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers and statutory agent.
(b) The address of the subject property or the facility or structure subject to the TDM Plan.
(c) The TDM Plan and any required documentation specified in the TDM Program Standards adopted by the City Planning Commission pursuant to Section 301.05.
(d) Any proposed revisions to a previously approved TDM Plan by the applicant.
(e) Such other information as the Commissioner deems pertinent or necessary to carry into effect the provisions of this chapter.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) Registration Issuance. On receipt of an application for a TDM Registration, the Commissioner of Assessments and Licenses shall transmit the application to the Director of City Planning for review. The Director shall, within sixty (60) days of receipt of the application, notify the Commissioner of Assessments and Licenses whether the application has been approved. On notification of approval, the Commissioner of Assessments and Licenses shall issue the TDM Registration on a form promulgated by the Commissioner for that purpose.
(b) Registration Renewal. All registrations issued under this section shall be valid for a period not to exceed one (1) year except as otherwise provided below and shall expire October 31 of every year. Applicants who have maintained compliance with their approved TDM Plan for a continuous period of three (3) years shall be issued a registration for a three (3) year period. Registrations may be renewed if an application for renewal containing the information listed in Section 301.08 is submitted to the Commissioner of Assessments and Licenses not less than ninety (90) days before expiration of the previous registration.
(c) Registration Extension. If an application for a registration renewal has been submitted in accordance with the provisions of Sections 301.08 and 301.09 of this chapter, and if, before the existing registration has expired, the City has not taken all administrative and legislative action required for approval of the renewal of the registration (including, if applicable, the granting of an encroachment permit), the Commissioner of Assessments and Licenses shall extend the existing registration on a month-by-month basis until the City has taken action as required by this chapter, but for no more than three (3) months.
(d) Applicability to Premises. Registrations issued under this section shall apply only to the premises described in the application, and a separate application and registration shall be required for each noncontiguous site operated. The registration shall not be assignable or transferable.
(e) Registration Fee. Each application for a new or renewal registration shall be accompanied by a fee set by the Board of Control.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
Any denial of a TDM registration, and any civil penalty imposed under Section 301.99, may be appealed in writing to the Board of Zoning Appeals within thirty (30) days of the date of the decision.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
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