In this Article, unless the context indicates otherwise:
Alternative work hours program means any system that shifts the workday of an employee so that the workday starts or ends outside of a peak period, including:
(1) compressed workweeks;
(2) staggered work hours involving a shift in the set work hours of an employee at the workplace; or
(3) flexible work hours involving individually determined work hours under guidelines established by the employer.
Bundling of parking means a requirement by the seller or lessor that a prospective purchaser or tenant purchase or lease a minimum number of parking spaces in the facility as a precondition to buying or leasing space or renewing a lease in a commercial or residential building. Bundling of parking does not include:
(1) the provision of parking spaces as a component of a sale or lease when voluntarily requested by a prospective purchaser or lessee; or
(2) a parking space physically integrated with an individual leasable or sales unit if the parking space is dedicated to that unit and can be directly accessed through that unit such that only occupants of that unit are able to use the space or spaces.
Carpool means a motor vehicle occupied by 2 or more employees traveling together.
Commute means a home-to-work or work-to-home trip. A commute may have brief intervening stops, but the primary purpose must be travel between work and home.
Date of final occupancy means the earlier of:
(1) the date on which 80 percent of a building or project has been leased or sold; or
(2) two years after the first final use and occupancy certificate has been issued.
Department means the Department of Transportation.
Director means the Director of the Department of Transportation or the Director’s designee.
District means a transportation management district created under this Article.
Employee means a person hired by an employer, including a part-time or seasonal worker or a contractor, reporting to or assigned to work on a regular basis at a specific workplace controlled by that business or organization, including a teleworker.
Employer means any business or government entity, including the County, employing 25 or more employees including contractors assigned to a worksite. Employer does not include:
(1) a home-based business;
(2) a business with no employees housed at that work site; or
(3) any government agency not required by law to follow County regulations.
Growth and Infrastructure Policy means the most recent policy adopted under Section 33A-15.
NADMS goal means the specific NADMS percentage goal for peak period commuters in a District or a Policy Area that has been established though a Master Plan, through the Growth and Infrastructure Policy, or through regulation.
Non-Auto Driver Mode Share or NADMS means the percent of commuters who travel by modes other than driving an automobile. NADMS includes commuters who travel by transit, vanpool, biking, walking, or connecting to the workplace electronically. NADMS does not include carpool or vanpool drivers, but it does include carpool and vanpool passengers.
Peak period means the hours of highest transportation use each workday, as defined in the resolution creating a District, as established in the Growth and Infrastructure Policy or established through a technical study.
Planning Board means the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.
Policy Area means a Transportation Policy Area adopted by the County Council through the Growth and Infrastructure Policy.
Project-based TDM Plan means a TDM plan for a new development project.
Resident means an adult domiciled in the relevant area.
Single-occupancy vehicle means a motor vehicle occupied by one employee for commuting purposes, other than a two-wheeled vehicle.
Telework means a work arrangement where a manager directs or permits an employee to perform usual job duties away from the central workplace in accordance with established performance expectations and agency-approved or agreed-upon terms.
Traffic Mitigation Plan or TMP means a set of strategies designed to implement TDM at an existing commercial or residential building or by an employer in an existing building.
Transportation demand management or TDM means any method of reducing demand for road capacity, especially during a peak period, including an alternative work hours program, carpools, vanpools, subsidized transit passes, preferential parking for carpools or vanpools, improved bicycle and pedestrian access and safety, public transportation, and a parking charge, or other parking management strategies.
Transportation Demand Management Plan or TDM Plan means a set of strategies designed to implement TDM for a new or existing building, a new or existing development project, or an employer.
Transportation management organization means a public, nonprofit private, or public-private firm, corporation, or instrumentality created or contracted to manage or coordinate transportation demand management programs.
Vanpool means a vehicle that has the capacity for 6 or more passengers in addition to the driver if:
(1) passengers occupy 50% or more of the seats at any point during the trip; and
(2) the vehicle is used to transport employees between their residences, designated locations, and their place of employment for 80% or more of the miles the vehicle is driven.
Workplace means the place of employment, base of operations, or predominant location of an employee. (1993 L.M.C., ch. 47, § 1; 1996 L.M.C., ch. 4, § 1; 2002 L.M.C., ch. 34, § 1; 2004 L.M.C., ch. 2, § 2; 2008 L.M.C., ch. 5, § 1; 2019 L.M.C., ch. 28, §1; 2021 L.M.C., ch. 3, §1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.