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.