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Smart Bylaws Guide – Transportation Demand Management – Durham, North Carolina

Durham County Code of Ordinances

Chapter 24 – Traffic and Vehicles

Article V – Commute Trip Reduction Program (as of March 18, 2004)

Sec. 24-116.  Creation of Commute Trip Reduction Program.

(a)     There is hereby created a program to address the issue of traffic congestion in the county. In implementing this program, the county may contract with another governmental or quasi-governmental agency to provide for the efficient and effective provision of services and reviews as set out hereafter.

(b)     The purpose of the program shall be to provide education and consultative services to businesses, industries, and the general public on alternatives to the use of single occupied vehicles to commute to and from work; to provide information on travel demand reduction strategies which are designed to reduce congestion on the roadways of Durham County; to gather statistical data on transportation usage; to set goals on reduction of peak period single occupancy vehicle use and average commute trip reduction in vehicle miles traveled; and to provide, to the extent practicable, a program of incentives, including yearly recognition, for businesses and industries which excel in reducing traffic congestion by implementing exceptional travel demand management programs.

Sec. 24-118.  Requirements for major employers.

In each year, each major employer shall:

(1)     Provide each full time, part-time, contract, or other employee with information on alternate mode options and required travel reduction measures and related incentives. This may include, but is not limited to: any bus routes and schedules, information on any ride share programs, and any bicycle routes. This information shall also be provided to new employees, as described above, at the time of hiring.

(2)     a.     Participate in a survey and reporting effort, as directed and scheduled by the lead agency staff. All surveys or other reporting efforts as approved by the lead agency shall be completed by at least the number of employees as shown in the following table to meet the required sample size: [table omitted]

Sec. 24-119.  Approval process.

(a)     After the major employer's proposed travel reduction plan is received, the lead agency shall have 60 days to object to any component of the plan, otherwise the plan is automatically approved. Any such objection shall be based solely on a failure to include a required component in the plan or an obvious mistake in the plan. If the lead agency objects, the plan is not approved and shall be returned to the employer with appropriate comments for review and revision. The employer will then have 15 work days to resubmit the required plan. Any major employer who fails to submit a travel reduction plan or pay the processing fee shall be referred to the county manager by the lead agency for possible enforcement action.

(b)     A processing fee in the amount of $200.00 shall be submitted annually with the travel reduction plan.

Sec. 24-120.  Multi-jurisdictional advisory board.

(a)     There is hereby created a multi-jurisdictional advisory board. The board shall be composed of up to 20 members,  1/2 of whom shall be representatives of major employers, which shall be appointed by the board of county commissioners and by each of the city or town councils which have allowed this article to be enforced in its jurisdiction or enacted a substantially similar ordinance and have entered into an interlocal government cooperation agreement with the county, other approving jurisdictions, and the lead agency for the administration of this article or a substantially similar ordinance. The board of commissioners shall appoint the initial four members of the advisory board with each additional municipality or political subdivision appointing four members each. Each member shall serve a three-year term with two of the four members from each appointing body serving an initial two-year term in order to provide for staggered terms.

(b)     The multi-jurisdictional advisory board shall provide guidance to the lead agency in implementing and managing the congestion management program. The advisory board shall further provide information on congestion management to the county manager and the board of county commissioners, and shall make recommendations to the board of county commissioners as to the performance of the lead agency.

(c)     The multijurisdictional advisory board shall make an annual report to the board of county commissioners and to each of the city or town councils which have allowed this article to be enforced in its jurisdiction or enacted a substantially similar ordinance and have entered into an interlocal government cooperation agreement with the county for the administration of this article or a substantially similar ordinance.

Sec. 24-121.  Civil penalties.

Any major employer who fails to conduct the survey, or other reports as approved by the lead agency, of employees as provided herein or who fails to submit a travel reduction plan as provided herein shall be subject to a civil penalty in the amount of $100.00 per week for each week in which the major employer fails to comply with this provision up to a maximum of $1,000.00. The county manager or his designee shall have authority to assess the civil penalty as provided herein. If the major employer fails to pay the civil penalty within a reasonable time as determined by the county manager or his designee, the county attorney shall have authority to file a suit for the collection of the civil penalty.

Sec. 24-122.  Review of effectiveness of article.

The Multijurisdictional Advisory Board after consultation with the lead agency, if other than the county, shall report to the board of commissioners, the Durham City Council and Chapel Hill Town Council, if the two municipalities have allowed this chapter to be enforced in their jurisdictions or enacted a substantially similar ordinance and have entered into an interlocal government cooperation agreement with the County of Durham for the administration of this or a substantially similar ordinance, and to other jurisdictions which have enacted a substantially similar ordinance and have entered into an interlocal government cooperation agreement as set forth in section 24-120, by December 31, 2002, and every two years thereafter, on the effectiveness of this chapter, and shall, as part of this report, make recommendations for changes in the chapter or implementing program as deemed appropriate.