For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
1. “Affected employee” means a full-time employee who is scheduled to begin a regular work day at a major employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months, who is not an independent contractor, and who is scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. The employee will only be counted at the employee’s primary worksite. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
2. “Affected urban growth area” means:
a. An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the 100 person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and
b. An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over 70,000 that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or
c. An urban growth area identified by the Washington Department of Transportation as listed in WAC 468-63-020(2)(b).
3. “Alternative mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode including telecommuting and compressed work weeks if they result in reducing the number of commute trips.
4. “Alternative work schedules” means work schedules that allow employees to work their required hours outside of the traditional Monday to Friday, 8:00 a.m. to 5:00 p.m. schedule. Programs such as compressed work weeks eliminate peak period work trips for affected employees.
5. “Base year” means the 12-month period that commences when the city of Bothell determines an employer is required to comply with the CTR law. The city of Bothell uses this 12-month period as the basis upon which it develops local commute trip reduction goals.
6. “Baseline data collection” means the collection of employee trip data, during the base year, at a major employer worksite to determine non-drive-alone trips to and from the worksite. The jurisdiction uses this measurement to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements specified by the city of Bothell.
7. “Carpool” means a motor vehicle occupied by at least two people traveling together for commute trips that results in the reduction of a minimum of one motor vehicle commute trip.
8. “City” means the city of Bothell.
9. “Commute trips” means trips made from a worker’s home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
10. “Commute trip reduction (CTR) administrative procedures” means the procedures adopted by the city which describe how to complete and submit CTR reports and forms and requirements for records described in the CTR ordinance.
11. “CTR guidelines” means the set of guidelines prepared by the CTR board in accordance with RCW 70.94.527. The city will use these guidelines to interpret and administer the Bothell CTR ordinance.
12. “CTR plan” means the city of Bothell’s plan as set forth in this chapter to regulate and administer the CTR programs of major employers located within the Bothell city limits.
13. “CTR program” means a major employer’s strategies to increase affected employees’ non-drive-alone trips to achieve CTR targets and goals.
14. “CTR law” means the commute trip reduction law passed by the Washington State Legislature in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 through 70.94.551, and amended in 1997 and 2006, requiring counties of over 150,000 residents, with one or more major employers, to implement a CTR ordinance and plan. All cities in such counties with one or more major employers are also required to adopt a CTR ordinance and plans.
15. “Commuter matching service” means a system that assists in matching commuters for the purpose of enabling them to commute together, such as RideshareOnline.com.
16. “Compressed work week” means an employer approved work schedule that regularly allows a full-time employee to eliminate at least one work day every one or two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.
17. “Custom bus/bus pool service” means a commuter bus service specifically arranged to transport employees to work.
18. “Days” means calendar days, unless otherwise qualified by the text.
19. “Distribution” means the transmittal directly to each employee of information on the availability and benefits of ridesharing, public transit and other commute alternatives to driving alone. Transmittal may occur by direct mailing this information to each employee, posting information on bulletin boards and kiosks, distributing information at transportation fairs and/or by electronic communications.
20. “Dominant mode” means the mode of travel used for the greatest distance of the commute trip.
21. “Drive-alone” means a motor vehicle occupied by one affected employee for commute purposes, including motorcycles.
22. “Employee” means anyone who receives financial or other remuneration for work provided to an employer, including owner(s) or partner(s).
23. “Employee transportation coordinator (ETC)” means an individual designated by the employer to implement and manage commute trip reduction programs for all employees at each worksite as required pursuant to RCW 70.94.531(3).
24. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs people.
25. “Exemption” means a waiver from CTR program requirements granted to an employer by the city and based on unique conditions that apply to the employer or employment site.
26. “Flexible work schedules (flextime)” means an employer policy which allows employees to vary the times they arrive and depart work daily, not the number of their working hours, to facilitate use of alternative modes.
27. “Full-time employee” means a person other than an independent contractor scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week which are performed during two or more weekdays per week.
28. “Goal” means the established criteria for measuring effectiveness of employer programs as outlined in the City of Bothell’s CTR plan.
29. “Good faith effort” means an employer that has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city of Bothell to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time.
31. “High occupancy vehicle (HOV)” means any motor vehicle occupied by two or more people for commuting purposes.
32. “HOV subsidies” means a payment in addition to the normal salary given to an employee who commutes by carpool, vanpool, bus, or nonmotorized alternatives.
33. “Implementation” means the active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by the appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to this chapter and the employer’s CTR program and schedule.
34. “Jurisdiction’s base year measurement” means the proportion of non-drive-alone commute trips by CTR commuters on which CTR goals and targets for the local jurisdiction shall be based. The jurisdiction’s base year measurement, for those jurisdictions with an affected urban growth area as of March 1, 2007, shall be determined based on employee commute trip data collected in fiscal year 2016. If complete employee commute data from fiscal year 2016 is not available, then the base year measurement shall be calculated from the most recent and available set of complete employee survey data.
35. “Major employer” (formerly “affected employer”) means a private or public employer, including state agencies, that employs 100 or more full-time affected employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months.
36. “Major worksite” or “worksite” means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are 100 or more full-time affected employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week, for at least 12 continuous months.
37. “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle/HOV (carpool, vanpool and/or transit), ferry, bicycle, walking, compressed work schedule and telecommuting.
38. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday.
39. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
40. “Peak period trip” means any employee trip that delivers the employee to the employee’s worksite on a regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
41. “Preferred or preferential parking” means parking spaces or area(s) provided by the employer or developer in a location preferred by the majority of employees and set aside for employees who commute by carpool, vanpool or bicycle.
42. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute trips, including a motorcycle. If there are other passengers occupying the motor vehicle, but the ages of these passengers are under 16, the motor vehicle is still considered a “single-occupant vehicle” for measurement purposes.
43. “Target” means a quantifiable or measurable value that is expressed as a desired level or performance, against which actual achievement can be compared in order to assess progress, such as increase in non-drive-alone trips.
44. “Telecommuting or teleworking” means the use of telephones, computers, facsimile (FAX), or other similar technology to permit an employee to work at home or anywhere at any time, eliminating a commute trip, or to work at a work place closer to home, reducing the distance traveled in a commute trip by at least half.
45. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool.
46. “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
47. “Transportation fair” means a promotion held in a prominent, convenient, central location within the worksite or within a one-fourth mile walk distance in a business park, downtown, mall or other employment center.
48. “Transportation information center” means an ongoing, on-site display of information explaining alternative transportation modes available for the worksite. A transportation information center must be available in an area of high employee traffic.
49. “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits and may include employers located outside city limits.
50. “Vanpool” means a motor vehicle occupied by five to 15 employees traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.
51. “Voluntary employer worksite” means the physical location occupied by an employer who is voluntarily implementing a CTR program.
52. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.
53. “Weekday” means any day of the week except Saturday and Sunday.
54. “Writing, written, or in writing” means original signed and dated documents. Facsimile (FAX) transmissions are a temporary notice of action that must be followed by the original signed and dated documents delivered via mail or other personal delivery means. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).