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(a) The Director, after consulting the appropriate Advisory Committee, must conduct a commuter survey, or obtain through other available mechanisms, data on commuting by employees and residents within a defined area. The data must be obtained on a schedule determined by the Director.
(b) The Director, in consultation with the appropriate Advisory Committee, must prepare a survey or other data collection mechanism as necessary to generate information to:
(1) create an accurate data base of employee and resident commuting patterns; and
(2) monitor progress toward reaching any commuting goals set in the Growth and Infrastructure Policy, Master Plans or Sector Plans, as implemented by the Department through Executive Regulations or other adopted policies and procedures.
(c) The Department must distribute the survey to employers; building owners or managers; tenants, condominium and homeowners associations; Transportation Coordinators, and others required to conduct the survey or to participate in other ways in the data collection process, based on a schedule the Director sets. The Department may also collect commuting data through other available mechanisms in addition to or in place of the commuter survey.
(d) Each notified employer, building owner or manager, Transportation Coordinator or other entity must distribute, collect, and return the completed surveys, or otherwise provide the required data through other Department-approved mechanisms. Data collected must be provided to the transportation management organization and the Department within the time period established by the Department.
(e) Any entity required to participate in the commuting survey, or to participate in data collection through another mechanism, must make a good faith effort to generate survey responses or other data from their target population with the objective of achieving at least a 40 percent compliance rate for an entity with a target population of either 100 or more employees or 100 or more residents and 50 percent for an entity with a target population of less than 100 employees or less than 100 residents. The Director may require a smaller or larger response rate from a given worksite, building, or project based on requirements for statistical validity. (1993 L.M.C., ch. 47, § 1; 2019 L.M.C., ch. 28, § 1; 2021 L.M.C., ch. 3, §1.)
(a) By December 1 of each even-numbered year, the Director must submit to the appropriate Advisory Committee and the Planning Board a report on transportation demand management in each operating District. The report should include the following information to the extent feasible within the constraints of available resources:
(1) employee commuting patterns by employer, building or project; residential commuting patterns by building or project; other commuting or travel patterns as appropriate;
(2) auto occupancy rates by employer, residential unit or other appropriate measures;
(3) level of service measurements for each major intersection in the policy area and selected critical intersections outside the area;
(4) parking supply and demand;
(5) status of road or intersection improvements, signal automation, bicycle and pedestrian access and safety, and other traffic modifications in or near the district;
(6) transit use and availability;
(7) carpool and vanpool use;
(8) bicycle and bikeshare use;
(9) use of other transportation modes relevant to analyzing achievement of commuting goals;
(10) the number of electric vehicle charging stations in the area; and
(11) the source and use of any funds received under this Article.
(b) By March 1 of each odd-numbered year, the Executive must forward required reports to the Council. The Executive must note any area of disagreement between the Director and an Advisory Committee.
(c) If any commuting goals set in the Growth and Infrastructure Policy are not met eight years after a district is created or by June 30, 2028, whichever is later, the Director must recommend corrective action to the Executive. This action may include additional mitigation measures. If the Executive agrees that such action is necessary, the Executive should propose appropriate legislation or adopt appropriate regulations as authorized by law. (1993 L.M.C., ch. 47, § 1; 2002 L.M.C., ch. 34, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 1; 2019 L.M.C., ch. 28, § 1; 2021 L.M.C., ch. 3, §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. See County Attorney Opinion dated 4/26/05 discussing the Council’s role in setting certain transportation fees and the Executive’s role in setting transportation management fees.
The Executive must adopt regulations under method (2) to implement this Article. The regulations may implement the requirements of this Article in phases.
(1993 L.M.C., ch. 47, § 1; 2002 L.M.C., ch. 34, § 1; 2019 L.M.C., ch. 28, § 1.)
(a) Authority.
(1) The Council may, by resolution adopted under Section 2-57A, set the transportation demand management fee that the Department must annually charge an applicant, and each successor in interest, for subdivision, optional method development approval, or a building permit.
(2) The Department is authorized to charge a transportation demand management fee adopted by the Council to:
(A) an applicant for subdivision or optional method approval, site plan approval or a building permit in a District and
(B) an owner of existing commercial, industrial or multi-unit residential developed property in the District, including a property where the principal use is a commercial parking facility.
(b) Use of revenue. The revenue generated by a transportation demand management fee must be used in the District in which the development or property subject to the fee is located to cover the cost of:
(1) administering the District and TDM strategies, and coordinating with projects and occupants (including employees and residents) within that District or Policy Area, including review and monitoring of TDM Plans; and
(2) any program implemented under Section 42A-23(b), including any vehicle or other equipment necessary to carry out the program.
(c) Rate. The rate of a transportation demand management fee must be set to produce not more than an amount of revenue substantially equal to the:
(1) portion of the cost of administering TDM in the District, including the review and monitoring of TDM Plans, reasonably attributable to the transportation effects of the development project or property subject to the fee; and
(2) portion of the cost of any program implemented under Section 42A-23(b), including any vehicle or other equipment necessary to carry out the program, reasonably attributable to the transportation effects of the development project or property subject to the fee.
(d) Method. A transportation demand management fee may be assessed on:
(1) the gross square feet, the gross floor area, the maximum or actual number of employees, or the average number of customers, visitors, or patients, in a nonresidential building;
(2) the number of dwelling units, the gross square feet or the gross floor area, in a residential building;
(3) the number of parking spaces associated with a building; or
(4) any other measurement reasonably related to transportation use by occupants of, employees located in, or visitors to a particular development or property, including property where the principal use is as a commercial parking facility.
(e) Variation. The transportation demand management fee and the basis on which it is assessed may vary within each District, between one District and another, and from one building category or land use category to another.
(2019 L.M.C., ch. 28, § 1.)
(a) The Department must enforce this Article. An employer, owner, building or project manager or other responsible party subject to Section 42A-24 or 42A-25 that does not submit a TDM Plan or required report, comply with required provisions of a plan, or provide survey data consistent with the requirements of Section 42A-28 within 30 days after a second notice has committed a class C violation.
(b) A party to a Project-based Transportation Demand Management Plan under Section 42A-26 who does not comply with the approved plan within 30 days after notice of noncompliance has committed a class A violation.
(c) Any party that does not submit required reports on numbers of employees, transportation demand management plans and strategies, Non-Auto Driver Mode Share, progress toward goals, survey results or other TDM-related provisions or measurements on a timely basis has committed a class C violation.
(d) Any party who falsifies any required data or reports has committed a class A violation.
(2019 L.M.C., ch. 28, § 1.)