(a) Applicability. This Section applies to any owner or applicant for a new development or construction project that submits an application for a proposed subdivision or optional method development, site plan, conditional use or building permit in a District, but excluding any project consisting solely of single family detached housing, townhouses, or a mixture of both. All such applicants must obtain approval from the Department for a Project-based Transportation Demand Management (TDM) Plan. This approval must be obtained prior to the issuance of any building permit by the Department of Permitting Services. Projects subject to this Section include developments:
(1) in a Red, Orange or Yellow Growth and Infrastructure Policy Area and larger than the minimum sizes shown in subsection (b);
(2) that do not have a fully-executed traffic mitigation agreement in effect; and
(3) where the Department decides, under standards adopted by the Council for the adequacy of transportation, including Non-Auto Driver Mode Share goals and other commuting goals adopted in Master Plans, Sector Plans and the Growth and Infrastructure Policy, that more transportation facilities or transportation demand management measures are necessary to meet the County’s commuting goals.
(b) Levels of Project-based TDM Plans. An owner or applicant for a new development or construction project may be required to submit a Level 1 TDM Basic Plan, a Level 2 TDM Action Plan, or a Level 3 TDM Results Plan based on the size and location of the project as follows:
(1) An owner or applicant for a project located in a Red Policy Area under the Growth and Infrastructure Policy must:
(A) submit a Level 1 TDM Basic Plan for a project with less than or equal to 40,000 gross square feet; and
(B) submit a Level 3 TDM Results Plan for a project with more than 40,000 gross square feet;
(2) An owner or applicant for a project located in an Orange Policy Area under the Growth and Infrastructure Policy must:
(A) submit a Level 1 TDM Basic Plan 493 for a project with at least 40,000 gross square feet, but less than or equal to 80,000 gross square feet;
(B) submit a Level 2 TDM Action Plan for a project with more than 80,000 gross square feet, but less than or equal to 160,000 gross square feet; and
(C) submit a Level 3 TDM Results Plan for a project with more than 160,000 gross square feet;
(3) An owner or applicant for a project located in a Yellow Policy Area under the Growth and Infrastructure Policy must:
(A) submit a Level 1 TDM Basic Plan for a project with at least 60,000 gross square feet, but less than or equal to 150,000 gross square feet; and
(B) submit a Level 2 TDM Action Plan for a project with more than 150,000 gross square feet.
(4) If an adopted Master Plan or Sector Plan requires a higher Level of Project-based TDM Plan, those Master Plan or Sector Plan requirements override those described in paragraphs (1), (2), or (3).
(5) An owner or applicant for a project with a gross square feet size disproportionate to its impact on traffic (e.g., large floor area warehouses with lower impacts; small floor area food or beverage establishments with higher impacts) may be required to adhere to a Project-based TDM Plan Level that is either lower or higher than otherwise required by its size and location, in accordance with the development approval and consistent with the Executive Regulation implementing this Article.
(c) Components of Project-based TDM Plans. The components of each Project-based TDM Plan Level are described in detail in the Executive Regulation adopted to implement these provisions. Each plan must include the components listed below and in the Executive Regulation. The plan must be submitted by the owner or applicant and approved by the Department. Any owner or applicant may choose to comply with the requirements for a higher Level of Project-based TDM Plan.
(1) Level One: A Project-based TDM Basic Plan is not required to include specific project-based strategies other than providing information, but must implement County-led strategies at the Project and must include:
(A) Appointment of a Transportation Coordinator and Commitment to Cooperate with the Department’s Programs. Each owner of a project must designate an individual responsible to assist and cooperate with the Department’s efforts to achieve the Non-Auto Driver Mode Share goals and other traffic mitigation and commuting goals. This assistance must include distribution of information on commuting options to the on-site population; coordinating with the Department to conduct on-site commuting-related outreach events; ensuring participation in commuter surveys by the on-site population; attending occasional training sessions for Transportation Coordinators; and other duties included in the Executive Regulation.
(B) Notification. Each owner of a project is required to notify the Department in writing within 30 days of receipt of final Use and Occupancy certificate from the Department of Permitting Services of the designated Coordinator’s contact information; and within 30 days of any subsequent change in that designation or contact information.
(C) Access to the Project. Each owner must provide space on-site by prior arrangement with the Department to allow the Department to promote TDM, including participation in commuter surveys. Such space need not be exclusively for this purpose but must be suitable for this purpose, as determined by the Department.
(D) TDM Information. Displays of TDM-related information must be placed in a location visible to employees, residents and other project users.
(2) Level Two: A Project-based TDM Action Plan requires a commitment to take specific actions by the owner or applicant to achieve a base Non-Auto Driver Mode Share that is 5% higher than the District’s NADMS goal to help the County achieve district-wide commuting goals. The Director may establish a project NADMS goal that is up to 5% higher or 5% lower than the base NADMS goal in Red Policy Areas and up to 10% higher or 10% lower than the base NADMS goal in Orange and Yellow Policy Areas. The plan must include project-based strategies and demonstrate over time that the adopted strategies are contributing toward achievement of the commuting goals, in compliance with the Executive Regulation. A project must be considered to be contributing toward achievement of the district’s commuting goals if the biennial surveys of building occupants demonstrate increased on-site Non-Auto Driver Mode Share, or a measurable improvement in an alternative Department-approved metric, if applicable, in proportion to the level necessary to achieve the project’s goal by the date established in the project’s TDM plan. Once the NADMS goal or other commuting goals have been achieved, the owner must maintain the level necessary to continue achieving the goals. A Project-based TDM Action Plan must include the Project-based TDM Basic Plan components and the following:
(A) Selection of Strategies. The owner or applicant must propose a Project-based TDM Plan that includes required strategies and selected optional strategies. Additional strategies may be proposed by the owner or applicant and may be included in the Project-based TDM Plan if approved by the Department.
(B) Commitment to Fund and Implement the Plan. The owner or applicant must commit to fund and implement the Project-based TDM Plan at an adequate level to contribute toward achievement of the commuting goals.
(C) Self-Monitoring. The owner or applicant must conduct self-monitoring, consistent with Department requirements, to determine if the Project-based TDM Plan is contributing toward achievement of the District’s goals. The self-monitoring must be conducted in addition to any monitoring conducted by the Department.
(D) Biennial Report. Progress reports must be provided to the County in alternating years, in a format consistent with Department requirements.
(E) Addition and/or Substitution of Strategies. If the strategies initially selected by the owner or applicant do not result in the plan contributing toward achievement of District goals by four years after Date of Final Occupancy, the Department may require revisions in the project’s plan using other strategies proposed by the owner or applicant. The owner or applicant must agree to implement these revised strategies if required by the Department at a level consistent with the owner’s commitment to fund and implement the plan. This process may be repeated until the project demonstrates it is contributing toward achievement of district goals, consistent with the Executive Regulations. Once the NADMS goal or other commuting goals have been achieved, the owner must maintain the level necessary to continue achieving the goals.
(F) Additional Funding Commitment. If the project does not contribute toward achievement of the commuting goals by six years after Date of Final Occupancy, the Department may require increased funding by the owner for existing or new TDM strategies to be implemented at the project. The owner must commit additional funds to supplement on-site strategies if required by the Department. The amount of the additional funding must be as established in the Executive Regulation.
(G) Performance Incentives. The owner may be eligible for annual performance incentives established by the Department for continued contribution over multiple years toward achievement of commuting goals, including reductions in TDM fees or other financial benefits, as established in the Executive Regulation.
(3) Level Three: A Project-based TDM Results Plan requires a commitment by the owner or applicant to achieve a base Non-Auto Driver Mode Share that is 5% higher than the District’s goal as well as related commuting goals at that project. The plan must include project-based strategies and demonstrate that the plan is achieving the goals established for the project. The Director may establish a project NADMS goal that is up to 5% higher or 5% lower than the base NADMS goal in Red Policy Areas and up to 10% higher or 10% lower than the base NADMS goal in Orange and Yellow Policy Areas. The plan must be submitted by the owner or applicant and approved by the Department. A Project-based TDM Results Plan must include the Project-based TDM Action Plan components and the following:
(A) Independent Monitoring. Monitoring by a consultant approved by the Department, to determine whether the project is meeting its goals. This monitoring must be done on a regular basis consistent with the Executive Regulations.
(B) Addition and/or Substitution of Strategies. If the strategies initially selected by the owner or applicant do not result in the project achieving its goals by six years after Date of Final Occupancy, the Department may require revisions in the project’s plan using other strategies proposed by the owner or applicant. The owner or applicant must agree to implement these revised strategies if required by the Department at a level consistent with the owner’s commitment to fund and implement the plan. This process may be repeated until the project demonstrates it is achieving its goals, in compliance with the Executive Regulation.
(C) Additional Funding Commitment. If the strategies selected by the owner or applicant do not result in achievement of the project goals by six years after Date of Final Occupancy, the Department may require increased funding by the owner for existing or new TDM strategies to be implemented at the project. Additional increases in funding may be required if the goals have still not been achieved by eight years after Date of Final Occupancy. The owner must commit additional funds to supplement on-site strategies if required by the Department. The amount of the additional funding must be as established in the Executive Regulation.
(D) Performance Incentives. The owner may be eligible for annual performance incentives established by the Department for continued achievement of project goals over multiple years, including reductions in TDM fees or other financial benefits, as established by the Executive Regulation.
(d) Process. A Project-based TDM Plan must be:
(1) proposed by the owner or applicant and approved by the Department;
(2) made an express condition of any approval for:
(A) subdivision or another plan approval under Chapter 50;
(B) site plan or another plan approval under Chapter 59; or
(C) building permit for a recorded lot;
(3) subject to all other review and approval requirements of Chapter 50 and Chapter 59, with approval of the Department required for any revisions to an approved TDM Program; and
(4) recorded in the County’s land records.
A Project-based TDM Plan must be required for all such approvals except where equivalent provisions of a fully-executed traffic mitigation agreement for the project are in effect in perpetuity.
(e) Enforcement. The Director must enforce the terms of each Project-based TDM Plan. This does not limit the Planning Board’s authority to revoke or otherwise enforce any approvals under Chapter 50 or Chapter 59. Where a Project-based TDM Plan is a condition of building permit approval, the Department of Permitting Services must confirm that the TDM Plan has been approved by the Director prior to issuing a building permit. (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.)
Editor’s note—2019 L.M.C., ch. 28, § 2(b), states: Transition. ...
(b) New building or project approvals. No traffic mitigation agreement must be required for any new building or development project approved after this Act takes effect.