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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.)