(a) Transportation Demand Management (TDM) Plans for Existing Non-residential Buildings.
(1) The Director may require an owner of a nonresidential building in a District to submit a TDM Plan if:
(A) the Director finds that a plan is necessary to achieve the purpose of this Article; and
(B) the building is not subject to either a traffic mitigation agreement currently in effect or a Project-based TDM Plan under Section 42A-26.
(2) If an existing non-residential building is subject to this Section, the Director must notify the building owner that a TDM plan meeting the requirements of this Section must be submitted. As specified in the notice, the owner’s plan may cover all or some employers in the building. A plan submitted under this subsection may be in addition to one an individual employer must submit.
(3) After receiving notice under this Section, an owner must submit a TDM Plan meeting the requirements established in the Executive Regulations for approval by the Director.
(b) Transportation Demand Management (TDM) Plans for Existing Multi-Unit Residential Buildings.
(1) The Director may require an owner of a residential building or complex with at least 100 dwelling units in a District, including a common ownership community as defined in Chapter 10B, to submit a TDM Plan if:
(A) the Director finds that a plan is necessary to achieve the purpose of this Article; and
(B) the building is not subject to either a traffic mitigation agreement currently in effect or to a Project-based TDM Plan under Section 42A-26.
(2) If an existing multi-unit residential building is subject to this Section, the Director must notify the building owner(s) that a TDM Plan meeting the requirements of this Section must be submitted.
(3) After receiving notice under this Section, the owner(s) must submit a TDM Plan that meets the requirements established in the Executive Regulations for approval by the Director.
(c) Actions and assistance to be provided. The Director must:
(1) offer to help building owners prepare TDM Plans;
(2) decide if each proposed plan meets the requirements of this Section; and
(3) help the building owner(s) revise a plan which does not meet the requirements.
(d) Resubmission of TDM Plan. The Director may require a building owner 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 a building owner to submit a revised plan that meets the requirements of this Section more than once every two years.
(e) Annual TDM Plan report. A building owner must submit a report on strategies used to implement a TDM Plan, and progress on achievement of goals under that plan, to the transportation management organization and the Department based on a schedule established by the Director. (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.)
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(a), states: Transition.
(a) Existing agreements. All traffic mitigation agreements executed under this Chapter before this Act takes effect that have not expired or terminated, remain in effect.