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<section number="20A-204" name="Districts established through petition" law="code" slug="sec-20a-204" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20ATR_DIV2TRDEMA_SD2ESDI_S20A-204DIESTHPE">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>Petitioners may include any or all of the following:</text>
    <level label="1">
      <text>The County Executive;</text>
    </level>
    <level label="2">
      <text>The Planning Board;</text>
    </level>
    <level label="3">
      <text>Municipalities;</text>
    </level>
    <level label="4">
      <text>Civic or Homeowners' Associations or other community organizations; or</text>
    </level>
    <level label="5">
      <text>Developers.</text>
    </level>
  </level>
  <level label="c">
    <text>The petition to the Council should include, at a minimum, the following information:</text>
    <level label="1">
      <text>Location and boundaries of the proposed TDMD;</text>
    </level>
    <level label="2">
      <text>Intersections or interchanges which are operating at unacceptable Levels of Service, as defined in the Guidelines;</text>
    </level>
    <level label="3">
      <text>Significant traffic generators within the proposed TDMD, such as:</text>
      <level label="A">
        <text>Commercial development consisting of more than 250,000 square feet of gross floor area; or</text>
      </level>
      <level label="B">
        <text>Other commercial developments with at least twenty-five full-time employees.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <text>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:</text>
    <level label="1">
      <text>Findings of fact;</text>
    </level>
    <level label="2">
      <text>Specific boundaries of the proposed TDMD;</text>
    </level>
    <level label="3">
      <text>Goals and objectives of the proposed TDMD;</text>
    </level>
    <level label="4">
      <text>Specific requirements, if any; and</text>
    </level>
    <level label="5">
      <text>One of the following mechanisms for implementation of the proposed TDMD:</text>
      <level label="A">
        <text>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,</text>
      </level>
      <level label="B">
        <text>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,</text>
      </level>
      <level label="C">
        <text>The Council, at its discretion, may choose to implement the provisions at any time prior to the occurrence of the events described above.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>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:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>Establish a Transportation Demand Management Technical Advisory Committee, if it has not yet been established;</text>
    </level>
    <level label="3">
      <text>Identify the goal of reduction of peak-period and/or daily vehicle trips; and</text>
    </level>
    <level label="4">
      <text>Identify the date by which compliance with the goals of the TDMD is projected.</text>
    </level>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <text>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.</text>
  </level>
</section>
