For purposes of this Division: An Annual Compliance Report is the monitoring report prepared by the TMA or other designated entity, which includes employee surveys and vehicle trip generation. The purpose of the report is to attest to the success or failure of strategies which have been implemented to reduce vehicle trips. Area Master Plan is the current approved local plan for the physical development of a particular planning area, combination of planning areas, or parts of planning areas, as set forth in the Regional District Act. Clean Air Act Amendments of 1990 (CAAA) is an amendment to the Clean Air Act of 1977, which requires reductions in certain emissions generated by mobile (vehicle) and stationary (buildings, smoke stacks, etc.) means to levels which are below the National Ambient Air Quality Standard by specified dates. An employee is any person who is employed on a full-time basis, and who arrives or leaves the work site during either of the A.M. or P.M. peak periods. Guidelines are the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," as adopted by the Planning Board. Nonattainment Area is a geographic location designated by the U.S. Environmental Protection Agency (EPA) in which emissions of certain chemical compounds exceed acceptable limits established by the EPA under the Clean Air Act Amendments of 1990. Peak periods are the time periods of 6:30 A.M. to 9:30 A.M. and 3:30 P.M. to 6:30 P.M. State Implementation Plan is a plan required by the CAAA to demonstrate what legally enforceable measures will be used to reduce emissions to a point within an acceptable range established by the U.S. EPA for the region. Transportation Demand Management (TDM) is a process or procedure intended to reduce vehicle trips during specified periods of the day. This includes, but is not limited to, such strategies as car and van pools, transit use incentives, parking fees and disincentives, improved pedestrian and bicycle access and facilities. A Transportation Demand Management Agreement (TDMA) is a written agreement between the Transportation Demand Management Technical Advisory Committee, as agent for the Prince George's County Planning Board, and a Transportation Management Association or other designated entity, which specifies the amount of vehicle trips to be reduced and the procedures by which these trips will be reduced. A Transportation Demand Management District (TDMD) is a legally defined geographic area in which vehicle trip reduction procedures, strategies, and programs are required. A Transportation Demand Management Plan (TDMP) is a document developed by a Transportation Management Association, or other entity required to reduce vehicle trips, which identifies programs and strategies which will be implemented by the property owner to satisfy the trip reduction requirements of the TDM District. Transportation Demand Management Technical Advisory Committee (TDMTAC) is a technical staff committee, established by the Planning Board, composed of transportation professionals who advise the County Council, the Planning Board, and interested parties concerning issues related to vehicle trip reduction. Transportation Management Association (TMA) is an entity established by property owners which is tasked with reducing vehicle trips within a TDMD through the use of programs, strategies, and other means.

The purpose of Transportation Demand Management (TDM) is to reduce vehicle trip generation of existing and proposed developments during peak periods and, indirectly, on a daily basis. Reduction of peak-period and daily vehicle trips will reduce hydrocarbon, nitrogen dioxide, and carbon dioxide emissions created by motor vehicle use. Reduction in vehicle-generated emissions is a requirement of the Clean Air Act Amendments of 1990. It is imposed on the Metropolitan Washington Region. Maryland is part of that region, and must adopt a State Implementation Plan which is developed by the Metropolitan Washington Council of Governments in coordination with the State Air Agency (Maryland Department of the Environment, Air Management Division) and the local governments within the Nonattainment Area. This State Implementation Plan must demonstrate how these emissions will be reduced to a point within the acceptable range. TDM programs must be a combined effort of both the public and private sectors, must be considered as early as possible during the land use planning stage of master plan development, must be funded by various sources, must be visible and identifiable with marketable strategies and advocates within both the public and private sectors, and must be evaluated on a periodic basis to determine the level of success.

The requirements of this Division shall apply to all property owners located within a TDMD who are employers, or whose property is used by employers, who employ employees who arrive or depart during peak periods, and who are either: Located within any business park, shopping center, or other commercial or industrial development of five or more acres, in separate or common ownership, which can be identified by one or more of the following characteristics: The development is known by a common name given to the project by its developer; It is governed by a common set of covenants, conditions, or restrictions; It was approved, or is to be approved, by the County; or It is the subject of a single preliminary or final plat of subdivision; or Located within any single or multitenant building or group of buildings, with a total of twenty-five (25) or more employees on a single subdivided lot, which is not included in subparagraph (1), above.

A Transportation Demand Management District may be established by the Council following submittal of a petition to the Council to establish a TDMD, and evaluation of the requested TDMD by the Planning Board. The petition request may be initiated by one or more of the entities listed in Subsection (b), below. Petitioners may include any or all of the following: The County Executive; The Planning Board; Municipalities; Civic or Homeowners' Associations or other community organizations; or Developers. The petition to the Council should include, at a minimum, the following information: Location and boundaries of the proposed TDMD; Intersections or interchanges which are operating at unacceptable Levels of Service, as defined in the Guidelines; Significant traffic generators within the proposed TDMD, such as: Commercial development consisting of more than 250,000 square feet of gross floor area; or Other commercial developments with at least twenty-five full-time employees. Upon receipt of the petition, the Council shall direct the Planning Board to conduct a Transportation System Capacity Analysis, as described below, within the proposed TDMD. This study shall be completed within ninety (90) days of the Council's direction. The Transportation System Capacity Analysis shall include the employment and population forecasts of the most recently adopted and approved Area Master Plans for the proposed TDMD, or the adopted Cooperative Forecast, and the transportation network of highways and transit facilities. This analysis may be conducted for selected portions of the study area in those cases where excess traffic generation will result from specific nodes of development activity, such as around areas targeted for redevelopment, METRO stations, or freeway interchanges. The analysis area shall be no larger than that deemed necessary to maintain an adequate level of service, as defined in the Guidelines. Particular attention shall be paid to the fringes of proposed districts in order to insure that no inequities occur. When the Transportation System Capacity Analysis indicates a probable imbalance between travel demand generated by existing and proposed land uses in relation to the planned capacity of the transportation network, the Planning Board may recommend to the Council that a Transportation Demand Management District be established to help achieve the desired balance. This recommendation shall include, at a minimum, the following information: Findings of fact; Specific boundaries of the proposed TDMD; Goals and objectives of the proposed TDMD; Specific requirements, if any; and One of the following mechanisms for implementation of the proposed TDMD: The TDMD would be automatically implemented when 20% or more of the interchange and arterial intersections within the proposed TDMD, which are examined annually, begin to operate at Level-of-Service E (LOS E), as defined in the Guidelines; or, The TDMD would be automatically implemented when 10% or more of the arterial intersections and interchanges within the District begin to operate at Level-of-Service F (LOS F), as defined in the Guidelines, whichever situation develops first; or, The Council, at its discretion, may choose to implement the provisions at any time prior to the occurrence of the events described above. Following receipt of the Planning Board's recommendation, the Council shall schedule a joint public hearing with the Planning Board regarding the establishment of the TDMD. Notice of the public hearing shall be given to all property owners within the boundaries of the proposed TDMD and municipalities within one mile of the proposed TDMD, at least thirty (30) days prior to the hearing, and shall be published in the County newspapers of record. Following the conclusion of the public hearing, the Council shall indicate the time and date of its action to adopt, modify, or reject the recommendations of the Planning Board. It may also elect to consider the matter of declaring a TDMD as an issue to be considered during the update of the Area Master Plan. If the Council adopts the petition by Council Resolution for the establishment of a TDMD, it must: Notify all property owners located within the boundaries of the proposed TDMD to whom the requirements of the TDMD are applicable, as set forth in (j), below, and municipalities within one mile of the proposed TDMD; Establish a Transportation Demand Management Technical Advisory Committee, if it has not yet been established; Identify the goal of reduction of peak-period and/or daily vehicle trips; and Identify the date by which compliance with the goals of the TDMD is projected. An affirmative vote of two-thirds of the full Council shall be necessary to establish a TDMD if any municipality in which the proposed district is located testifies in opposition to the establishment of the district. Within ninety (90) days of the establishment of the TDMD, the Council shall notify all property owners to whom the requirements of the TDMD are applicable, and indicate that these parties shall comply with the objectives of trip reduction, or show cause why such compliance is not required. The notification shall include a statement of goals and objectives of trip reduction, identification of the TDMD's boundaries, names and addresses of contact persons within the TDMTAC, dates of the initiation of the TDMP, and required dates of submission for Annual Compliance Reports.

A Transportation Demand Management District may be established by the Council through the approval of an Area Master Plan, based on existing and projected levels of service of transportation facilities, specifically intersections and interchanges. To establish a TDMD through approval of an Area Master Plan, the Planning Board shall, during its review of the Master Plan, direct Planning Department staff to prepare a Transportation System Capacity Analysis. This analysis shall include the proposed employment and population forecasts of the Area Master Plan, or the Adopted Cooperative Forecast, and the transportation network of the Area Master Plan. The analysis may be conducted for all or a portion of the Master Plan study area where excess traffic generation will result from specific nodes of development activity, such as around areas targeted for redevelopment, METRO stations, or freeway interchanges. The area shall be no larger than that deemed necessary to maintain an adequate level of service as defined in the Guidelines. Particular attention shall be paid to the fringes of proposed districts in order to insure that no inequities occur. When the Transportation System Capacity Analysis indicates a probable imbalance between travel demand generated by existing and proposed land uses in relation to planned capacity of the transportation network, the Planning Board may recommend to the Council that a Transportation Demand Management District be established to help achieve the desired balance. Following consultation with the Transportation Demand Management Technical Advisory Committee, the Planning Board may recommend the establishment of a TDMD to the Council. The recommendation shall be forwarded to the Council with all other considerations and recommendations for the approval of the Area Master Plan. At a minimum, this recommendation shall include the following information: Findings of fact; Specific boundaries of the proposed TDMD; Goals and objectives of the proposed TDMD; Specific requirements, if any; and One of the following mechanisms for implementation of the proposed TDMD: The provisions would be automatically implemented when 20% or more of the interchange and arterial intersections within the TDMD, which are examined annually, begin to operate at Level-of-Service E (LOS E), as defined in the Guidelines; The provisions would be automatically implemented when 10% or more of the arterial intersections and interchanges within the TDMD begin to operate at Level-of-Service F (LOS F), as defined in the Guidelines, whichever situation develops first; or, The Council, at its discretion, may choose to implement the provisions at any time prior to the occurrence of the events described above. The Council shall consider the recommendation of the Planning Board to establish a TDMD during its deliberations on the Area Master Plan. Following approval of the Master Plan, the Council may establish, by Council Resolution, the proposed TDMD. An affirmative vote of two-thirds of the full Council shall be necessary to establish a TDMD if any municipality in which the proposed district is located is in opposition to the establishment of the district. Within ninety (90) days of the establishment of the TDMD, the Council shall notify all property owners to whom the requirements of the TDMD are applicable, and indicate that these parties shall comply with the objectives of trip reduction, or show cause why such compliance is not required. The notification shall include a statement of goals and objectives of trip reduction, identification of the TDMD's boundaries, names and addresses of contact persons within the TDMTAC, dates of the initiation of the TDMPs, and required dates of submission for compliance reports.

Within six months of the date of notification of establishment of a TDMD, each property owner shall submit a Transportation Demand Management Plan. At a minimum, these TDMPs must include the following components: Statement of the overall goal of trip reduction within the TDMD; Identification of the members of the Transportation Management Association, including the Transportation Demand Management Coordinator who will serve as the point of contact for the TMA; Strategies for trip reduction, including quantified objectives which will reduce both vehicle trips and vehicle generated emissions; Existing daily and peak-period vehicle and employee trip generation for the property; Proposed plan monitoring and evaluation procedures; and Proposed Transportation Demand Management Agreement. The TDMTAC shall review each TDMP submitted for consistency with the goals of the TDMD, consistency with the requirements of the enabling legislation, completeness, reasonableness, feasibility, ability to achieve the quantified goal for trip reduction, and other issues, as appropriate. If the proposed TDMP is found to be acceptable, the TDMTAC shall enter into an agreement with the property owner or designee. The Council shall be advised of progress concerning the TDMA by the TDMTAC.

The TDMA shall include the following: Mandatory objectives for peak hour and/or daily vehicle trip reduction; Specific strategies for compliance for vehicle trip reduction and, as appropriate, vehicle-generated emissions reduction; Procedures for periodic monitoring and plan evaluation; and A statement indicating an understanding of Council actions resulting from noncompliance with the terms and conditions of the TDMA.

The TMA, or other responsible entity identified in the TDMA, shall monitor the performance of the various TDM programs on a quarterly basis and shall advise the property owners concerning their compliance with the stated objectives of the TDM plan as set forth in the signed TDMA. Reports of periodic monitoring and evaluation of the TDMPs shall be provided to the Planning Department. Annual Compliance Reports shall be provided to the Planning Board based on a schedule included in the TDMA. At a minimum, the Annual Compliance Reports shall include the following items: Statement of the TDMDs goals and a quantification of objectives for vehicle trip reduction and vehicle-generated emissions reduction; Quantification of compliance with those stated objectives; Identification of members of the TMA; Daily and peak-period employee and vehicle trip generation prior to initiation of TDMP; Circumstances which may have prevented compliance with stated objectives; Recommendations for further actions or modifications; Signed statement, under the penalties of perjury, indicating that the data presented is complete and accurate. During the periodic update of Area Master Plans, the Planning Board shall review the levels of success and measures of effectiveness in each of the TDMDs.

If the TDMA objectives have been found to be met after review of the Annual Compliance Report by the Planning Board, no further action is required by the TMA, other than continued compliance, until submittal of the next Annual Compliance Report. If the TDMA objectives have not been met, a quarterly update will be required to be submitted to the Planning Board, and the Council will be notified by the Planning Board. If the objectives are not met by the second quarterly report, the Planning Board shall refer the matter to the TDMTAC and the Council.

Upon a finding of noncompliance by the Planning Board, the Council may amend or modify programs or objectives, notify the Department of Permitting, Inspections, and Enforcement to deny further building permits, or refer the matter to the State's Attorney for legal remedies. The level of the action taken by the County Council shall correspond with the degree and type of noncompliance, as described below. Where a property owner has attempted to meet the requirements of the agreement, but is unable to comply with the mandated reduction levels, the Council, following a review of the monitoring reports by the TDMTAC and any recommended modifications to the TDMP by the TDMTAC, may do the following: Modify one or more of the trip-reduction strategies and require quarterly monitoring for a specified period. Levy a noncompliance fee based on the cost of providing a public bus seat. The cost shall be reviewed annually by the Planning Department staff. The fee shall be based on the daily cost per employee, and shall be collected by the Department of Public Works and Transportation. This fee shall not exceed the annual operating cost plus administrative fees, not to exceed 15%, for providing a 35-passenger bus, and shall be used to provide transit or other trip-reduction programs within the TDMD. The fee may be reduced in cases of documentable mitigating circumstances. Notify the Department of Permitting, Inspections, and Enforcement to deny further building permits for the subject property until further notice. If, upon the advice of the Planning Board, a report is found to be fraudulent by means of willful falsification or misrepresentation, or if any property owner located within the TDMD willingly fails or refuses to file the required periodic compliance report and following review of the periodic monitoring reports and other necessary trip-generation data by the TDMTAC, the Council may do the following: Refer the matter to the Office of the State's Attorney, which shall determine whether to seek a criminal complaint of perjury; Impose the noncompliance fee as described in subparagraph (1)(B), above; Notify the Department of Permitting, Inspections, and Enforcement to deny further building permits for the subject property, until notification by the Council of its finding of completion of the following requirements: Full payment of noncompliance fees to the County, for a period beginning with the adoption of the TDMD to the date of determination of the falsification or refusal to submit a report, plus a 100% penalty; and Execution of a new TDMA which stipulates that the property owner must submit certified quarterly monitoring reports, accurately attesting to compliance with the trip reduction levels established for the TDMD. Upon execution of the new TDM Agreement, all punitive actions shall cease.

Any person adversely affected by the Council's decision to establish a Transportation Demand Management District or its decision to impose sanctions for noncompliance with a Transportation Demand Management Agreement has the right to appeal to the circuit court in accordance to the rules governing administrative appeals. Any party to the proceeding in the circuit court aggrieved by the decision of the said court may appeal from such decision to the Court of Special Appeals.

Definitions. In this Section: Fund means the Transportation Services Improvement Fund established in this Section. Transportation Network Services means "Transportation Network Services" as defined in Section 10-101 of the Public Utilities Article of the Annotated Code of Maryland. Fund established. There is a Transportation Services Improvement Fund created to improve the delivery of: bus service in the County; and accessible transportation services in the County. The Fund consists of: all revenue from the surcharge imposed on transportation network services under this Section; all funds appropriated to it by the County Council; and all funds received by the Fund from any other public or private entity. Per-ride surcharge. There is a $0.25 surcharge on Transportation Network Services for each trip originating in the County. The surcharge must be collected as provided in Section 10-406 of the Public Utilities Article of the Annotated Code of Maryland. Uses of the Fund. Disbursements from the Fund must be used to: increase, but not supplant, existing funding for bus transportation services in the County, including, but not limited to: vehicle costs associated with the purchase, operation, and maintenance of County buses; increased frequency of bus service in order to reduce wait times for transit riders for existing County bus routes; the creation of new or expanded bus routes to serve transit riders in underserved areas in the County; the retrofit of roads to accommodate bus service, including, but not limited to, dedicated bus lanes; or offset the higher operational costs of accessible taxicab services for owners and operators, including, but not limited to: vehicle costs associated with purchasing and retrofitting an accessible vehicle; extra fuel and maintenance costs associated with operating an accessible vehicle; costs associated with receiving training in providing accessible transportation services; and additional time involved in providing accessible taxicab services. Disbursements from the Fund. The County Executive shall by regulation establish the procedures for determining when and how to make distributions from the Fund, subject to approval of such regulations by resolution of the County Council. The County Executive of Prince George's County shall prepare an annual report on the Transportation Services Improvement Funds surcharge on or before December 1 of each fiscal year for the County Council of Prince George's County, to include: A detailed description of how the fees were expended; and The amount of fees collected.