(a) Transportation Demand Management (TDM) Plan for an Individual Employer.
(1) The Director must require an employer subject to this Section to submit a TDM Plan meeting the requirements of this Section.
(2) Upon written request from the Director, an employer must provide the Director with the number of full-time and part-time employees working for that organization by workplace in each Policy Area or District.
(3) An employer must submit a TDM Plan to the Director if:
(A) the employer is in a Red Policy Area under the Growth and Infrastructure Policy and has 25 or more employees reporting to or assigned to that workplace;
(B) the employer is in an Orange Policy Area under the Growth and Infrastructure Policy and has 100 or more employees reporting to or assigned to that workplace;
(C) the employer is in a Yellow Policy Area under the Growth and Infrastructure Policy and has 200 or more employees reporting to or assigned to that workplace; or
(D) the employer is in one of the following Districts and has 25 or more employees reporting to or assigned to a workplace:
Silver Spring TMD
Friendship Heights TMD
Bethesda TMD
North Bethesda TMD
Greater Shady Grove TMD.
(4) The TDM Plan must be consistent with and contribute to the achievement of any NADMS Goal or other commuting goals set in the Growth and Infrastructure Policy, Master Plans, Sector Plans, and any individual project-based goals or goals established in the regulations implementing this Article. The TDM Plan must include strategies required by regulation and other strategies selected by the employer from those permitted by regulation or proposed by the employer and approved by the Director. A TDM Plan may include an alternative work hours program, carpool or vanpool incentives, subsidized transit passes, preferential parking for carpools and vanpools, parking management strategies, peak period or single-occupancy vehicle parking charges, improved transit, bicycle and pedestrian access and safety, telework, and other transportation demand management measures approved by the Director.
(5) Each employer must submit its TDM Plan within 90 days after receiving written notice from the Director that it is required. The Director may extend an employer’s time to file a TDM Plan for good cause.
(b) Consolidated Employer Transportation Demand Management Plans.
(1) An employer may submit a consolidated TDM Plan with other employers in the same building or building complex. An owner of a nonresidential building in a District may submit a consolidated TDM Plan on behalf of one or more employers in the building.
(2) A consolidated plan must be designed so that the action it requires satisfies this Section for employers covered by the plan and complies with the regulations implementing this Section.
(c) Actions and assistance to be provided. The Director must:
(1) offer to help employers prepare TDM Plans;
(2) decide if each proposed plan meets the requirements of this Section; and
(3) help an employer revise a plan that the Director determines does not meet the requirements of this Section.
(d) Resubmission of TDM Plan. The Director may require an employer to resubmit a plan that the Director finds inadequate to achieve any Non-Auto Driver Mode Share goals or other commuting goals. Once a plan has been approved, the Director must not require an employer to submit a revised plan that meets the requirements of this Section more than once every two years.
(e) Annual TDM Plan report. An employer must submit a report on strategies used to implement a TDM Plan, including progress achieved under that plan, to the transportation management organization and the Director on a schedule established by the Director.
(f) Transportation Demand Management Plan for the Montgomery County Government.
(1) The Director of the Office of Human Resources, after consulting with the Director of Transportation, must submit a TDM Plan for County employees to the Chief Administrative Officer with a copy to the Council.
(2) The TDM Plan must include incentives, policies, or outreach needed to increase the number of County employees commuting to work through modes other than driving an automobile. (1993 L.M.C., ch. 47, § 1; 2002 L.M.C., ch. 34, § 1; 2004 L.M.C., ch. 2, § 2; 2019 L.M.C., ch. 28, § 1; 2021 L.M.C., ch. 3, §1; 2021 L.M.C., ch. 26, § 1.)
Editor’s note—See County Attorney Opinion dated 8/24/07 regarding the elements that dictate when an entity must pay the transportation management fee.
2019 L.M.C., ch. 28, § 2(c), states: Transition. ...
(c) Projects with prior approvals. Any building or development project with an existing subdivision or optional method approval when this Act takes effect where a traffic mitigation agreement was a condition of that approval, may opt to be considered for re-approval of their application under the amendments in Section 1 if:
(1) a traffic mitigation agreement has not yet been fully executed;
(2) the building or project approved is larger than the minimum sizes designated for each Subdivision Staging Policy Area group in Section 42A-26; and
(3) construction has not begun.
2002 L.M.C., ch. 34, § 2, Phase-in, states: (a) An employer that employs 50 or more employees and has received notice under Section 42A-24(a) must submit an initial traffic mitigation plan that meets the requirements of this Section to the Director by January 1, 2004. (b) An employer that employs 25 to 49 employees and has received notice under Section 42A-24(a) must submit an initial traffic mitigation plan that meets the requirements of this Section to the Director by January 1, 2005.