HomeMy WebLinkAboutord1997-011WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 97 -090
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator: Executive
2/14/97
_,
ft FEW
IUuU� V
FEB 19 1997
ATCOM
WHATCOM V U'U
COUNTY
2/25/97
Introduction
Division Head:
/11/97
Council
Dept. Head:
Prosecutor:
-1 —
PurchasingMudget:
—
Executive:
1� .�"l
SUBJECT.
A PROPOSED ORDINANCE THAT DEFINES COMMUTE TRIP REDUCTION
REQUIREMENTS FOR AFFECTED" WHATCOM COUNTY EMPLOYERS AND
ADOPTS THE COMMUTE TRIP REDUCTION PLAN FOR WHATCOM COUNTY
ATTACHMENTS:
Ordinance
Commute Trip Reduction Plan for Whatcom County
SUMMARYSTATEMENT:
Please complete sections of box as appropriate & explain the item below.
Related County contract #: I Should Clerk schedule a hearing? NO /X / YES /
date:
This ordinance fulfills requirement of the Washington State Clean Air Act by defining Commute Trip Reduction
requirements for affected Whatcom County employers and providing the Commute Trip Reduction Plan for
Whatcom County.
ORIGINATOR'S RECOMMENDED ACTION.
Pass
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.•
1997-90 2/25/97: Introduced
3/11/97: Adopted 7 - 0. Ord. #97 -011
Related File Numbers: Ordinance or Resolution Number (this item only):
D,J. '�_ (,-] -�� 1
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 2/25/97
1 ORDINANCE NO. 97 -011
2 AN ORDINANCE THAT DEFINES COMMUTE TRIP REDUCTION
3 REQUIREMENTS FOR AFFECTED WHATCOM COUNTY EMPLOYERS AND
4 ADOPTS THE COMMUTE TRIP REDUCTION PLAN FOR WHATCOM COUNTY
6 WHEREAS, the Washington State Legislature passed the Commute Trip Reduction (CTR)
7 Law in 1991 as part of the Washington Clean Air Act and in response to the federal Clean Air Act;
8 and
9 WHEREAS, the Law requires local governments and county governments within Clark
10 King, Kitsap, Pierce, Snohomish, Spokane, Thurston, Yakima and Whatcom Counties to adopt
11 ordinances that define CTR requirements for affected employers within their jurisdiction; and
12 WHEREAS, this Ordinance is deemed to be consistent with the requirements of the CTR
13 Law and the CTR Guidelines;
14 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
15 SECTION 1 PURPOSE
16 The purpose of this Ordinance is to establish CTR program requirements for affected employers
17 within unincorporated Whatcom County. These requirements will promote alternative commute
18 modes and reduce the Vehicle Miles Traveled (VMT) per employee and the proportion of 'single
19 occupant vehicle (SOV) trips, decreasing traffic congestion, automobile - related air pollution and
20 energy use within Whatcom County.
21 SECTION 2 DEFINITIONS
22 For the purpose of this Ordinance, the following definitions shall apply in its
23 interpretation and enforcement:
24 1. "Affected Employee" - a full -time employee who begins his/her regular work day at a single
25 worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve
26 continuous months. Seasonal agricultural employees, including seasonal employees of processors
27 of agricultural products, and employees required to work rotating shifts are excluded from the count
28 of affected employees.
Page 1
1 2. "Affected Employer" - a public or private employer that employs one hundred or more affected
2 employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m.
3 and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months.
4 Construction work sites, when the expected duration of the construction is less than two years, are
5 excluded from this defuiition.
6 3. "Alternative Commute Mode" - any means of commute transportation other than that'in which the
7 single occupant motor vehicle is the dominant mode including and compressed work weeks if they
8 result in reducing commute trips.
9 4. "Carpool" - a -motor vehicle occupied by two to six people (age 16 +) traveling together for their
10 commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
11 5. "Commute Trips" - trips made from a worker's home to a worksite for a regularly scheduled work
12 day beginning between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. Commute Trips are
13 counted: -- - -
14
SOV
= 1 Trip
15
2- person carpools
= 1/2 trip per employee
16
3- person carpools
= 1/3 trip per employee
17
4- person carpools
= 1/4 trip per employee
18
5- person carpools
= 115 trip per employee
19
6- person carpools
= 1/6 trip per employee
.0
Vanpools (7 or more)
= Zero trips
21
Transit
= Zero trips
22
Walk/Bike
= Zero trips plus 20% credit
23
Telecommuting
= Zero trips plus 20% credit
24
Compressed Work Week
= Zero trips plus 20% credit for each commute trip
25
eliminated
26
6. "CTR Guidelines" - the official guidelines to the CTR Law (RCW 70- 94.527) developed by the
27
Washington State CTR Task Force.
28-- - --- 7.11CTR Plan" - the commute trip reduction plan for Whatcom- County that describes hew affected— - -
29 employers are to achieve reductions in the commute trip vehicle miles traveled (VMT) and the
30 proportion of single occupant vehicle (SOV) commute trips per employee.
31 8. "CTR Program" - an employer's strategies to reduce SOV use and VMT per affected employee.
32 9. "Commute Mode" - the means of transportation used by employees, such as single occupant motor
33 vehicle, rideshare vehicle (carpool/vanpool), transit, ferry, bicycle, and walking.
Page 2
1 10. "Compressed Work Week" - an alternative work schedule, in accordance with employer policy,
2 that regularly allows a full -time employee to eliminate at least one work day every two weeks by
3 working longer hours during the remaining days, resulting in fewer commute trips by the employee.
4 This definition is primarily intended to include weekly and bi- weekly arrangements, the most typical
5 being four 10 hour days or 80 hours in nine days, but may also include other arrangements.
6 Compressed work weeks are understood to be an on -going arrangement.
7 11. " Day(s)" - calendar day(s).
8 12. "Employee" - anyone who receives financial or other remuneration in exchange for work
9 provided to an employer, including owners or partners of the employer.
10 13. "Employer" - sole proprietorship, partnership, corporation, unincorporated association,
11 cooperative, joint venture, agency, department, district or other individual or entity, whether public,
12 non - profit or private, that employs workers.
13 14. "Exemption" - a waiver from CTR program requirements granted to an employer by the
14 Whatcom County Council of Governments based on unique conditions that apply to the employer
15 or employment site.
16 15. "Extra Credit Responses" - an employee survey response of walked, bicycled, telecommuted,
17 or compressed work week count as negative 0.2 ( -0.2) trips for purposes of determining SOV and
18 VMT.
19
20
21
22
23
24
25
26
27
28
29
30
16. "Full -Time Employee" - a person other than an independent contractor, scheduled to be
employed on a continuous basis for 52 weeks for an average of 35 hours per week.
17. "Proportion of Single Occupant Vehicle Trips" or "SOV Rate" - the number of commute trips
over a set period made by affected employees in SOVs divided by the total number of potential trip
for affected employees working during that period.
SOV = # Drive Alone Responses - [0.2 x (# Extra Credit Responses)]
Total # of potential trips
18. "Single Occupant Vehicle" or "SOW - a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
19. "Single Worksite" - a building or group of buildings on physically contiguous
parcels of land or on parcels of land separated solely by private or public roadways or rights -of -way
occupied by one or more affected employers.
Page 3
1 20. "Telecommuting" - the use of telephones, computers, or other similar technology to permit an
2 employee to work from home, eliminating a commute trip, or to work from a worksite closer to
3 home, reducing the distance traveled in a commute trip by at least half.
4 21. "Transit'- a multiple occupant vehicle operated on a for hire, shared ride basis, including bus,
5 ferry, shared ride taxi, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips.
6 22. " Vanpool" - a vehicle occupied by seven to fifteen people traveling together for their commute
7 trip that results in the elimination of at least one motor vehicle trip. A vanpool trip counts as zero
8 (0) vehicle trips.
9 23. "Vehicle Miles Traveled (VMT) per Employee" - the sum of the commute trips made by affected
10 employees over a set period of time divided by the number of affected employees working during
11 that period multiplied by the average trip length of the affected employees at that worksite.
12 commute trips miles
13 VMT = ------------- - - - - -- x ---- - - - - --
14 person trip
1.5 24. "Week" - a seven day calendar period, starting on Monday and continuing through Sunday.
16 25. "Weekday" - any day of the week except Saturday or Sunday.
17 SECTION 3 CTR PLAN ADMINISTRATION
18 3.1 CTR Plan for Whatcom County
19 The CTR Plan for Whatcom County is set forth in Attachment 1 and is wholly
20 incorporated herein by reference as and for the CTR Plan for Whatcom County.
21 3.2 Interlocal Agreement/Responsible Agency
22 In order to ensure consistency and flexibility, Whatcom County has determined that it is within the
23 best interest of the public to enter into an Interlocal Agreement (pursuant to RCW 3 9-3 4 and RCW
24 70.94.527) with the Whatcom County Council of Governments. The Whatcom County Council of
25 Governments is hereby designated as the lead agency responsible for implementing and
26 administering the CTR Plan of Whatcom County and CTR Ordinance.
Page 4
1 3.3 Administrative Procedures
2 Whatcom County Council of Governments is hereby authorized to develop and adopt, in
3 consultation with the affected local jurisdictions, such administrative rules and procedures as
4 necessary to implement the provisions of this Ordinance.
5 SECTION 4 APPLICABILITY
6 The requirements of this Ordinance shall apply to all affected employers at a single worksite within
7 unincorporated Whatcom County.
8 SECTION 5 NOTIFICATION
9 5.1 Notification
10 A notice of the availability of the CTR Plan and this Ordinance shall be published at least once in'
11 the official Whatcom County newspaper within 30 days of passage of this Ordinance.
12 SECTION 6 SCHEDULE OF PENALTIES
13 6.1 Schedule of Penalties
14 The penalty for non - compliance with the requirements of the attached CTR Plan shall be $100.00
15 per violation per day.
16 SECTION 7 APPEALS PROCESS
17 7.1 CTR Appeals Board
18 The Whatcom County Council will serve as the CTR Appeals Board for employers in
19 unincorporated Whatcom County. The Whatcom County Council of Governments will provide
20 technical support to the Whatcom County Council as needed to fulfill this duty.
21 7.2 Appeals Process
22 Any affected employer may appeal administrative decisions regarding exemptions, goal
23 modifications, program element modifications, and violations to the CTR Appeals Board. In the
24 event of a violation, the affected employer shall be notified of the intent to impose penalties and the
25 manner in which penalties may be appealed.
Page 5
1 SECTION 8 VALIDITY
2 Should any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance be declared
3 unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining
4 portion of this Ordinance.
5 ADOPTED this 11 day of March , 1997.
6 WHATCOM COUNTY COUNCIL
7 ATTEST: WHATCOM COUNTY, WASHINGTON
8
9 Dana Brown- Davis, County Clerk Ward Nelson, Council Chair
10 APPROVED AS TO FORM: Ap oved () Denied
12 Civil Deputy Pros for Pee Kr4men, Executive
13`
14 Date:-? %
Page 6
Commute Trip Reduction Ordinance - Attachment 1
COMMUTE TRIP REDUCTION PLAN
FOR
WHATCOM COUNTY
Prepared for:
WHATCOM COUNTY
CITY OF BELLINGHAM
CITY OF BLAINE
CITY OF EVERSON
CITY OF FERNDALE
CITY OF LYNDEN
CITY OF NOOKSACK
CITY OF SUMAS
by:
WHATCOM COUNTY COUNCIL OF GOVERNMENTS
DATE: 2 -7 -97
CONTENTS
Section
Preface...................................................................................
............................... 1
Definitions...............................................................................
............................... 3
1
Introduction .................................................................
............................... 7
2
Goals and Objectives ...................................................
............................... 9
3
CTR Plan Administration ...........................................
............................... 11 -
4
Employer Requirements ..............................................
............................... 13
5
Submittals and Reviews .............................................
............................... 17
6
Transportation Management Organizations ................
............................... 18
7
Credits ..........................................................................
.............................21
8
Modifications and Exemptions ...................................
............................... 23
9
Compliance and Enforcement .....................................
............................... 25
10
Appeals Process .........................................................
............................... 29
11
CTR Programs of Local jurisdictions .......................
............................... 31
12
Review of Parking Policies ......................................
............................... 33
Figures
1 Commute Trip Reduction Zones for Whatcom County ......................35
PREFACE
Air pollution and traffic congestion in our state are now critical problems and demand our attention.
Automobile traffic, which is dominated by single occupant vehicles, is a major source of air pollution,
which in turn, is a significant threat to public health and degrades the quality of the environment.
Traffic congestion imposes significant costs to businesses, government and individuals in terms of lost
working hours and delays in the delivery of goods and services. These problems are having a
negative impact on the quality of life in Whatcom County. Single occupant vehicle travel is a major
factor in the consumption of gasoline and reliance on imported sources of petroleum. Moderation in
the growth of automobile travel is essential to stabilize and reduce dependence on imported
petroleum and improve the nation's energy security.
In response to these problems, the State legislature passed the Commute Trip Reduction (CTR) Law
in 1991 to reduce automobile - related air pollution, energy consumption and traffic congestion. The
law benefits our state by helping meet federal and state air quality standards, enhancing opportunities
for economic development and avoiding the increasing cost of environmental controls.
The Commute Trip Reduction Law requires local governments in certain counties to enact Commute
Trip Reduction ordinances that require large employers to develop programs for their employees that
encourage alternatives to driving alone. The CTR Ordinance is regulatory and procedural. The CTR
Plan, by contrast, is descriptive. The plan specifies what is required of employer programs and
indicates how programs will be administered.
This Commute Trip Reduction Plan has been developed in a cooperative manner with input from local
governments; employers of the cities of Bellingham, Blaine, Ferndale, and Lynden, and
unincorporated Whatcom County; and the Washington State Department of Transportation - CTR
Office. Whatcom County Council of Governments coordinated this effort. The plan itself reflects
this cooperative spirit and emphasizes fairness, consistency and coordination between all parties.
This Commute Trip Reduction Plan continues the coordinated approach by designating Whatcom
County Council of Governments to administer and implement the plan in Whatcom County. In
addition, Whatcom County Council of Governments will continue to provide support to employers as
they develop, implement and operate CTR programs.
DEFINITIONS
For the purpose of this Plan, the following definitions shall apply in its
interpretation and enforcement:
1. "Affected Employee" - a full -time employee who begins his /her regular work day at a single
worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve
continuous months. Seasonal agricultural employees, including seasonal employees -of processors of
agricultural products, and employees required to work rotating shifts are excluded from the count of
affected employees.
2. "Affected Employer" - a public or private employer that employs one hundred or more affected
employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m.
and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months.
Construction work sites, when the expected duration of the construction is less than two years, are
excluded from this definition.
3. "Alternative Commute Mode" - any means 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 commute trips.
4. "Alternative Work Schedules" - programs such as compressed work weeks that
eliminate work trips for affected employees.
5. "Base Year" - the period from January 1, 1997 through December 31, 1997, on which goals for
vehicle miles traveled (VMT) per employee and the proportion of single occupant vehicle (SOV) trips
shall be based.
6. "Carpool" - a motor vehicle occupied by two to six people (age 16 +) traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
7. "Commute Trips" - trips made from a worker's home to a worksite for a regularly scheduled work
day beginning between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. Commute Trips are counted:
SOV
2- person carpools
3- person carpools
4- person carpools
5- person carpools
6- person carpools
Vanpools (7 or more)
= 1 Trip
= 1/2 trip per employee
= 1/3 trip per employee
= 1/4 trip per employee
= 1/5 trip per employee
= 1/6 trip per employee
= Zero trips
Transit = Zero trips
Walk/Bike = Zero trips plus 20% credit
Telecommuting = Zero trips plus 20% credit
Compressed Work Week = Zero trips plus 20% credit for each commute trip eliminated
8. "CTR Guidelines" - the official guidelines to the CTR Law (RCW 70- 94.527) developed by the
Washington State CTR Task Force.
9. "CTR Plan" - the commute trip reduction plan for Whatcom County that describes how affected
employers are to achieve reductions in the commute trip vehicle miles traveled (VMT) and the
proportion of single occupant vehicle (SOV) commute trips per employee.
10. "CTR Program" - an employer's strategies to reduce SOV use and VMT per affected employee.
11. "CTR Zone" - an area within Whatcom County characterized by similar employment density,
population density, level of transit service, parking availability, access to high occupancy vehicle
facilities, and other factors that are determined to affect the level of SOV commuting. -
12.: "Commute Mode" - the means of transportation used by employees, such as single occupant
motor vehicle, rideshare vehicle (carpooUvanpool), transit, ferry, bicycle, and walking.
13. "Compliance" - fully implementing all provisions in an accepted CTR program or meeting or
exceeding the VMT and SOV goals of this CTR Ordinance and accompanying CTR Plan.
14. "Computer Matching Service" - a system that assists in matching commuters for the purpose of
commuting together.
15. "Compressed Work Week" - an alternative work schedule, in accordance with employer policy,
that regularly allows a full -time employee to eliminate at least one work day every 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 on -going arrangement.
16. "Custom Bus/BuspooUSubscription Bus" - a commuter bus service arranged specifically to
transport employees to work, generally bus service with limited origins and destinations, guaranteed
seats -and advance fare purchase.
17. "Day(s)" - calendar day(s).
18. "Dominant Commute Mode" - the mode of travel used for the greatest distance of a commute
trip.
19. "Employee" - anyone who receives financial or other remuneration in exchange for work provided
to an employer, including owners or partners of the employer.
20. "Employee Transportation Coordinator" or "ETC" - a designated person who is typically an
employee of the affected employer and-who is accessible to a worksite's employees in order to carry
out the CTR requirements of the CTR Law and the CTR Ordinance. The ETC also acts as the
employer's liaison with local jurisdictions or the agency that administers and implements the CTR
Ordinance.
21. "Employer" - sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, whether public,
non - profit or private, that employs workers.
22. "Equivalent Data" - information collected by the employer in lieu of the CTR Employee Survey
Questionnaire. The information collected must meet the equivalency criteria listed in the CTR Task
Force Policy Statement: Equivalent CTR Data for Measurement and Evaluation adopted October 7,
1994.
23. "Exemption" - a waiver from CTR program requirements granted to an employer by the Whatcom
County Council of Governments based on unique conditions that apply to the employer or
employment site.
24. "Extra Credit Responses" - an employee survey response of walked, bicycled, telecommuted, or
compressed work week count as negative 0.2 (42) trips for purposes of determining SOV and
VMT.
25. "Flex Time" - an employer policy allowing individual employees some flexibility in choosing the
time, but not the number, of their working hours to facilitate the use of alternative commute modes.
26. "Full -Time Employee" - a person other than an independent contractor, scheduled to be employed
on a continuous basis for 52 weeks for an average of 35 hours per week.
27. "Implementation" - the active pursuit by an employer of the CTR goals of RCW 70.94.521 -551
and of the CTR Ordinance and Plan as evidenced by the appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to SOV commuting, and the
commencement of other measures according to their CTR program and schedule.
28. "Peak Commute Period" - the hours between 6:00 a.m. and 9:00 a.m. (inclusive), Monday
through Friday, except legal holidays.
29. "Peak Commute Period Trip" - any employee trip that delivers the employee to begin his /her
regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal
holidays.
30. "Proportion of Single Occupant Vehicle Trips" or "SOV Rate" - the number of commute trips
over a set period made by affected employees in SOVs divided by the total number of potential trip
for affected employees working during that period.
SOV = # Drive Alone Responses - [0.2 x (# Extra Credit Responses)]
Total # of potential trips
31. "Single Occupant Vehicle" or "SOW - a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
32. "Single Occupant Vehicle (SOV)Trips" trips made by affected employees in SOVs.
33. "Single Worksite" - a building or group of buildings on physically contiguous
parcels of land or on parcels of land separated solely by private or public roadways or rights -of -way
occupied by one or more affected employers.
34. "Telecommuting" - the use of telephones, computers, or other similar technology to permit an
employee to work from home, eliminating a commute trip, or to work from a worksite closer to.
home, reducing the distance traveled in a commute trip by at least half.
35. "Transit" - a multiple occupant vehicle operated on a for hire, shared ride basis, including bus,
ferry, shared ride taxi, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips.
36. !Transportation Demand Management" or "TDM" - the use of strategies to reduce trips made by
SOV and VMT per employee.
37. "Transportation System Management" or "TSM" - the use of low cost capital
improvements to increase the efficiency of road transportation and transit services.
38. "Transportation Management Organization /Association " or "TMO(A)" - a group of employers or
an association representing a group of employers in a. defined geographic area organized for the
purpose of cooperatively carrying out the requirements of the CTR Law and Ordinance.
39. " Vanpool" - a vehicle occupied by seven to fifteen people traveling together for their commute
trip that results in the elimination of at least one motor vehicle trip. A vanpool trip counts as zero (0)
vehicle trips.
40. "Vehicle Miles Traveled (VMT) per Employee" - the sum of the commute trips made by affected
employees over a set period of time divided by the number of affected employees working during that
period multiplied by the average trip length of the affected employees at that worksite.
commute trips miles
VMT= ------------- - - - - -- x ---- - - - - --
person trip
41. "Week" - a seven day calendar period, starting on Monday and continuing through Sunday.
42. "Weekday" - any day of the week except Saturday or Sunday.
43. "Writing/Written/In Writing" -original signed and dated documents. Facsimile
(fax) transmissions are a temporary notice of action that must be followed by the
original signed and dated document via mail or delivery.
IL %,
Section 1
INTRODUCTION
Legislative Framework
The Washington State Legislature passed the Commute Trip Reduction (CTR) Law in 1991 as part of
the Washington Clean Air Act and in response to the federal Clean Air Act. The law requires cities
and county governments within Clark, King, Kitsap, Pierce, Snohomish, Spokane, Thurston, Yakima
and recently Whatcom Counties to adopt ordinances that define commute trip reduction (CTR)
requirements for affected employers within their jurisdictions.
The Commute Trip Reduction Plan for Whatcom County has been prepared in conformance with the
requirements of the CTR Law (RCW 70.94.521 -551) and the CTR Guidelines. This plan includes
policies and procedures for implementing CTR requirements for affected employers located in the
Cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas, and in
unincorporated Whatcom County. -
Relationship to CTR Ordinance
This plan is the policy basis and statement of intent that accompanies the Commute Trip Reduction
Ordinances, where adopted, of the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden,
Nooksack, and. Sumas and Whatcom County. The plan is referenced as part of these same ordinances
which are the regulatory instruments to implement the plan.
7
Section 2
GOALS AND OBJECTIVES
Introduction
The Commute Trip Reduction Plan for Whatcom County is consistent with and based upon the
following goals and objectives which are drawn from the Commute Trip Reduction Guidelines,
Chapter 1, Section 3.
Goals
1. To reduce automobile - generated air and water pollution, relieve traffic congestion, and reduce
energy consumption.
2. To reduce peak -period motor vehicle trips and the number of vehicle miles traveled (VMT)
associated with commute trips.
3. To make optimal use of existing and future transportation systems to minimize costs and
preserve business opportunities in Whatcom County and the state.
4. To treat affected employers in a fair and reasonable manner.
5. To establish a plan consistent with the CTR Guidelines and the CTR Plans of counties and
cities with which Whatcom County has common borders or mutual transportation and growth
issues.
6. To adopt a cooperative and coordinated approach to reducing the number of single occupant
vehicle (SOV) trips and VMT to ensure consistency regarding CTR policies and
implementation.
7. To increase the community's awareness and acceptance of available, efficient and
environmentally beneficial travel options.
8. To encourage land use patterns that encourage non -SOV travel options, improve accessibility
and intermodal connectivity within and/or between urban centers and activity centers to
minimize adverse transportation impacts on land use and the environment.
9. To protect the urban environment by encouraging efficient land -use patterns that minimize
travel distance and the disruption of environmentally sensitive areas and promote a pedestrian
friendly environment.
10. To minimize the administrative burden of local governments and affected employers in
achieving the CTR goals.
PC
Objectives
1. To ensure that all affected employers develop and implement CTR programs designed to:
• Reduce the VMT per employee from the 1997 base -year value established for each CTR
zone.
• Reduce the proportion of SOV trips from the 1997 base -year value established for each
CTR zone.
• Inform and educate employees about commute alternatives.
2. To establish the following:
• CTR zones that group affected employers with similar conditions in a fair and consistent
manner.
• Base -year values for the proportion of SOV commute trips and the commute trip VMT per
employee for each CTR zone.
• A means of measuring progress toward meeting CTR goals using the CTR Survey.
• An appeals process by which affected employers may obtain an exemption from, or
modification of CTR requirements or appeal administrative determinations.
• An agency to not only administer, review and monitor CTR program progress, but also
provide assistance to employers as they develop and implement their CTR programs.
10
Section 3
CTR PLAN ADMINISTRATION
Introduction
This CTR Plan was developed by Whatcom County Council of Governments and reviewed by
Whatcom County and the Cities of Bellingham, Blaine, Ferndale, and Lynden (hereinafter referred to
as the "local jurisdictions ") and affected employers. Whatcom County Council of Governments will
continue this approach by implementing and administering the CTR Plan in a cooperative and flexible
manner to allow employers to design programs that work for their employees and situations while, at
the same time, ensuring consistency and fairness.
Whatcom County Council of Governments will be able to offer assistance in identifying potentially
effective alternate travel mode strategies to affected employers as they begin to develop their
programs. To ensure coordination and compatibility between an employer's CTR strategies'and-the
CTR Plan, employers should contact Whatcom County Council of Governments to review their
programs at an early stage of development.
In addition, Whatcom County Council of Governments will provide on- going support to employers to
assist them in maintaining and enhancing their CTR programs.
Commute Trip Reduction_ Goals
The CTR goals for affected employers are consistent with the CTR Law and the CTR Guidelines.
All affected employers will be required.to develop and implement CTR programs designed to reduce
VMT per affected employee and SOV use per affected employee. The goals for VMT and SOV are
reductions from the greater of the: base year value of the worksite or the,CTR zone in which the
worksite is located of 15% in two years, 25% in four years, and 35% in 6 years. The base year values
for currently affected Whatcom County employers will be measured by survey during 1997.
Commute Trip Reduction> Zones
The CTR zones are consistent with -the CTR Law and the CTR Guidelines. The CTR zones are based
on combinations of traffic analysis zones (TAZs) that have similar employment density, population
density,-level of transit service; parking availability, and other factors that affect the level of SOV
commuting.
Whatcom County is divided into two CTR zones. (See Attachment 1). Zone 1 includes the City of
Bellingham and, it's interim Urban Growth Areas as defined in the adopted 1995- Bellingham
Comprehensive Plan.. Zone 2 includes.the; rest- of Whatcom County. Whatcom County Council of
Governments as the-Whatcom. County Regional Transportation Policy Organization staff determined
these zones based upon the criteria listed above.
11
Notification
Existing Affected Employer
Whatcom County Council of Governments will notify known affected employers of the
Ordinance within 30 days of the adoption of the CTR Ordinance that they meet the definition of
an affected employer in the CTR Ordinance.
2. Affected employers who, for whatever reason, do not receive notification within thirty (30) days
of the effective date of the ordinance shall identify themselves to Whatcom County Council of
Governments within ninety (90) days of the effective date of the CTR Ordinance.
Newly Affected Employers
Whatcom County Council of Governments will make efforts to identify employers that meet the
definition of an affected employer within 180 days of the employer either moving into the
boundaries of the incorporated Cities or unincorporated Whatcom County, or growing in-
employment to qualify as an affected employer.
2. Newly affected employers who, for whatever reason, do not receive notification within thirty
(30) days of becoming affected shall identify themselves to Whatcom County Council of
Governments within ninety (90) days of becoming affected.
Newly affected employers will be granted 180 days from the official notification by Whatcom
County Council of Governments or self- identification date to develop and submit a CTR
program,
4. Newly affected employers will have two years from the date of their CTR program approval to
meet the first CTR goal of 15- percent reduction from the base year values
Change in Status - Any of the following changes in an employer's status will change the employer's
CTR program requirements:
If an- employer initially- designated as an affected employer no longer- employs 100 or more
affected employees and expects not to employ 100 or more employees for the next 12 months,
that employer will no longer be considered an affected employer. It is the responsibility of the
employer to notify Whatcom County Council of Governments that it is no longer affected.
2. If the same employer returns to the level of 100 or more affected employees within the same 12
month period, that employer will be considered an affected employer for the entire 12 month
period, and will be subject to the same program requirements as other affected employers.
If the same employer returns to the level of 100 or more affected employees 12 months or more
after the change in status to an unaffected employer, that employer will be considered a newly
affected employer and will be subject to the same requirements as other newly affected
employers.
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Section 4
EMPLOYER REQUIREMENTS
Introduction
The requirements of the CTR Plan for Whatcom County apply to any affected employer. at a single
worksite within the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas
and unincorporated Whatcom County.
An affected employer is required to:
Develop and implement a CTR program that will encourage its employees to reduce VMT
per employee and SOV commute trips.
2. The CTR program must include the mandatory elements specified in the CTR Law, which
are necessary to achieve the goals of the CTR Plan.
The employer must submit a program description and an annual report describing progress
toward meeting the CTR goals_
4. The employer must maintain a set of records to assist in the evaluation of its program.
CTR Program
Affected employers are required to develop and submit a CTR Program Description within 180 days
of adoption of the CTR Ordinance. The program must be designed to meet the CTR reduction goals
specified in Section 3. Employers that, for whatever reasons, do not receive notice within 30 days of
passage of the ordinance and are either notified or identify themselves to the Whatcom County
Council of Governments within 180 days of the passage of the ordinance will be granted an extension
to assure up to 150 days within which to develop and submit a CTR Program Description.
Whatcom County Council of Governments will provide technical assistance and training to affected
employers in developing and implementing their programs. Employers should begin to implement the
program as soon as practical upon submittal of the initial program description. The earlier a program
gets started, the more likely an employer will meet its VMT and SOV goals. Affected employers are
required to implement their CTR programs not more than 180 days after they submit their initial
program descriptions to Whatcom County Council of Governments.
Program Description
The employer must submit on the state - provided "Program Description and Annual Report" form an
initial program description to Whatcom County Council of Governments within 180 days of the
effective date of the CTR Ordinance. Whatcom County Council of Governments will complete a
review of the employer's initial CTR Program Description within 90 days of the submittal. If
Whatcom County Council of Governments determines that the proposed program will not meet the
13
applicable CTR goals, Whatcom County Council of Governments will work with the employer to
modify the program as necessary.
The initial program description must include the following components:
Workplace Description A general description of the worksite including its transportation
characteristics and surrounding services, such as parking, transit service, bicycle paths, freeway
access, and other factors that influence commuting choices.
Affected Employees The number of employees that will participate in the program.
Documentation Documentation of compliance with the mandatory CTR program
elements.
Employee Transportation Coordinator (ETCI Name, address and telephone number
of the individual designated as the ETC.
Additional Elements Description of additional elements included in the CTR
program.
Implementation Schedule A program implementation schedule that includes the start date for each
program element.
Responsibilities and Resources The assignment of responsibilities and the
commitment to provide appropriate resources to support the program.
Information An employer may submit any additional information it deems relevant.
Mandatory Program Elements
Each,:employees CTR program .must include, the following mandatory program
elements:
Transportation Coordinator The employer must designate an employee
transportation coordinator (ETC) to.administer the CTR grogram'. The coordinator's name, location.
and telephone number must be prominently displayed at, each of the employer's participating work
sites. An employer with multiple worksites in Whatcom County is not required to have an ETC at
each worksite.. The ETC is responsible for implementing the CTR program. The ETC is the primary
CTR program contact person for employees and Whatcom County Council of Governments. An
employer may designate more than one ETC.
Information-Distribution Information. about alternatives to driving to work.atone must be provided to
employees at least once a:year_ The distribution. of information should, be coordinated as closely as
possible with Whatcom County Council of Governments to ensure that the information is up to date
14
I
and accurate. The initial program description and subsequent annual progress reports must indicate
the information distributed, the method of distribution and the frequency of distribution.
Annual Progress Report The CTR program must include an annual review of employees' commuting
habits and progress toward meeting the VMT and SOV reduction goals. Affected employers must
submit to WCCOG an annual report on a state - provided "Program Description and Annual Report"
form detailing any changes to their CTR programs. Whatcom County Council of Governments will
complete its review of the annual report within 90 days. The employer's annual reporting date will be
established by Whatcom County Council of Governments in consultation with the employer after a
review of the initial CTR Program submitted by the employer.
The annual report must describe each of the CTR measures undertaken in the past year, the results of
any commuter surveys, and the number of employees participating in the program. Within the report,
the employer shall evaluate the effectiveness of the CTR program and, if necessary, propose
modifications to achieve the CTR goals. An employer may include other inform_ ation deemed
appropriate.
Employee Survey Employee survey information (using the survey form provided by the state) or
approved alternative information (as defined by the CTR Guidelines) must be provided in the annual
reports submitted in the measurement years.
Record keeping Affected employers must document the CTR program and progress towards meeting
the VMT and SOV reduction goals. Such information must be listed in the program description and
in annual reports. Whatcom County Council of Governments will work with affected employers in
identifying the essential information to maintain. These records must be retained for a minimum of 24
months.
Additional Program Elements
Affected employers will need to implement specific strategies that will lead to meeting the CTR goals.
The specific combination of strategies to be implemented is optional and will depend on the CTR
goals of each zone and the type of workforce, geographic location, and transportation system at the
worksite. To help identify these strategies, WCCOG CTR staff will meet with-affected employers at
their request. These meetings will review and discuss various combinations of strategies that have
been found to be effective. Additional program elements which may be considered include:
Provision of preferential parking or reduced parking charges, or both, for carpoolers and
vanpoolers.
2. Instituting or increasing parking charges for single occupant vehicles.
3. Provision of commuter ridematching services to facilitate employee ridesharing for commute
trips.
15
4. Provision of subsidies for those using transit, vanpools, carpools, or other alternatives to
driving alone.
5. Permitting the use of the employer vehicles for carpooling or vanpooling.
6. Permitting flexible work schedules to facilitate employees' use of alternatives to commuting
alone.
7. Cooperation with transportation providers to provide additional service to a worksite.
8. Construction of special loading/unloading facilities for transit, carpoolers or vanpoolers.
9. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees
who bicycle or walk to work.
10. Provision of parking incentive program such as a rebate for employees who do not use the
parking facilities. - -
11. Establishment of a program to permit employees to work part- or full -time at home or at an
alternative worksite closer to their home ( telecommuting).
12. Permitting alternative work schedules that reduce commute trips during peak hours:
13. Establishing other measures designed.to facilitate the use of high occupancy vehicles, such as
on -site daycare facilities: and transportation home in the event. of an emergency.
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Section 5
SUBMITTALS AND REVIEWS
CTR Program Description Submittal and Implementation
An affected employer will. have 180 days after the effective date of the CTR Ordinance, -or 180 days
after becoming an affected employer, to develop a CTR program and submit a description of the
program (as described in Section 4) to Whatcom County Council of Governments. Unless an
extension is granted, the employer will have 180 days after the program description was first
submitted to begin implementing the program.
Affected employers will have 30 days after a final administrative decision, or 180 days after
submission of the program description or annual report, whichever is greater, to begin implementing
approved program modifications.
Employer Annual Reporting Date
Upon receipt of an employer's initial CTR program description, Whatcom County Council of
Governments will establish, in consultation with the employer, the annual reporting date. The annual
reporting date is the date that the employer's annual progress report is due. Whatcom County
Council of Governments will supply a state - provided "Program Description and Annual Report"
form.
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Section 6
TRANSPORTATION MANAGEMENT ORGANIZATIONS
Transportation Management Organizations (TMOs) or Transportation Management Associations
(TMAs) or other business partnerships may submit a single program description that describes the
common program elements of member employers. The program description should also explain
specific program elements at individual employer worksites. The TMO, as an agent for its members,
should provide individual performance data for each employer as well as combined measurements.
Program modification will be specific to an employer. Each employer member of a TMO will be
responsible for its participation and implementation of the CTR program developed by the TMO and
remain accountable for meeting the requirements of the CTR Plan and CTR Ordinance.
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Section 7
CREDITS
Credit for Programs Implemented prior to the Base Year
Employers with successful Transportation Demand Management (TDM) programs implemented prior
to their base year, may be eligible to receive a special one -time CTR program exemption credit, which
exempts them from most CTR program requirements. Affected employers wishing to receive this
credit must apply to Whatcom County Council of Governments within ninety (90) days of the
adoption of the CTR ordinance. Application should include data from a survey of employees or
equivalent data to establish the applicant's VMT per employee or proportion of SOV commute trips.
The survey or equivalent data should conform to the definition of equivalent data in this plan.
Employers awarded the exemption credit will have their 2 -year goals reduced to 12 %. The one -time
exemption credit applies only to the 2 -year CTR goals.
Credit for a Program Exemption
Affected employers may apply for program exemption credit for the results of past or current CTR
efforts by applying to Whatcom County Council of Governments in their initial CTR Program
description or as part of any other annual CTR progress report. Application should include data from
a survey of employees or equivalent data to establish the applicant's VMT per employee or
proportion of SOV commute trips. The survey or equivalent data should conform to the definition of
equivalent data in this plan.
Employers that apply for program exemption credit and, whose VMT or SOV rates are equal to or
less than the CTR goals for one or more future goal years, and commit in writing to continue their
current level of effort, shall be exempt from the CTR requirements except for the requirements to
report performance in survey years. If any of these reports indicate the employer does not satisfy the
next applicable CTR goal, the employer shall immediately become subject to all requirements of this
plan.
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Section 8
MODIFICATIONS AND EXEMPTIONS
Modification of CTR Programs
An employer may request a modification to the method of measurement used in survey years. The
survey measurement for goal attainment values can be based upon all of the employer's employees if
they are allowed to participate in the employer's CTR program. The employer may then use either
the affected- or all - employee calculations in measuring progress toward CTR goals. Under this
condition, the applicable CTR goals would not be changed, and the base year values will remain
affected employees only.
In addition, if an affected employer can demonstrate that its worksite is contiguous with a CTR zone
boundary and that the worksite conditions affecting alternative commute options are similar to those
for employers in the adjoining CTR zone, the employer's worksite may be made subject to the same
CTR zone goals as employers in the adjoining CTR zone. -
Unanticipated Conditions Beginning in 2000, an affected employer may request CTR goal
modifications for unanticipated conditions, such as the nonexistence of alternative commute modes
due to factors related to the worksite, its workforce, or characteristics of the business that are beyond
the employer's control.
Modification of CTR Program Elements
Conditions for Modification Any affected employer may request a modification of CTR program
elements, other than the mandatory elements, specified in the CTR Plan and CTR Ordinance. Such a
request may be granted if one of the following conditions exists:
The employer can demonstrate that it is unable to comply with certain CTR program
elements for reasons beyond the control of the employer.
2. The employer can demonstrate that compliance with the CTR program would constitute an
undue hardship.
CTR Program Exemptions
An affected employer may request an exemption from all CTR program requirements or penalties for
a particular worksite when it submits its CTR Program Description or Annual Progress Reports. An
exemption may be granted if and only if the affected employer can demonstrate that it faces
extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could
reduce VMT per employee and proportion of SOV trips.
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Section 9
COMPLIANCE AND ENFORCEMENT
Program Review Criteria
Affected employers must submit an initial program description to Whatcom County Council of
Governments within 180 days of the effective date of the CTR Ordinance that adopts the CTR Plan,
as well as annual reports in subsequent years. The employer's annual reporting date will be -
established by Whatcom County Council of Governments in consultation with the employer after
review of the employer's initial CTR program description. Whatcom County Council of Governments
may approve the submittals, approve them conditionally or reject them and request modifications to
the employer's program. All reviews will be conducted in the spirit of cooperation between Whatcom
County Council of Governments and affected employers with Whatcom County Council of
Governments offering to provide technical assistance to the employer in developing or modifying a
program until it meets the requirements.
Whatcom County Council of Governments will apply the following criteria in 1999 and after for
achieving goals for VMT. per employee and proportion of SOV trips in determining whether to
require modifications of an employer's CTR program:
If an affected employer attains either the SOV or VMT goals, the employer shall be deemed to
have satisfied the objectives of the CTR Plan and Ordinance, and shall not be required to modify
its CTR program.
2. If an affected employer fails to meet either the VMT per employee or the proportion of SOV
trips goals, Whatcom County Council of Governments shall recommend program modifications
and negotiate with the employer to modify its program. If the Whatcom County Council of
Government is unable to reach a mutual agreement with the employer, they will require the
employer to revise its CTR program. The employer may also be penalized for failure to
implement the recommended modifications as prescribed in the ordinance adopted by the
employer's jurisdiction.
Violations
Any one of the following constitutes a violation by an affected employer:
Failure to develop a complete CTR program and /or to submit a complete CTR program
description on time.
2. Failure to implement an approved CTR program within 180 days of submitting its CTR Program
Description.
3. Failure to submit an Annual Progress Report on time.
4. Failure to modify an unacceptable CTR program after 1999.
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Failure to survey or provide acceptable equivalent data in survey years.
6. Intentional submission of fraudulent or false bogus information, data and /or survey results.
Penalties
- The local jurisdictions may impose civil penalties in the event of violations in the manner provided in
RCW 7.80. The intent of the CTR Plan is to bring about the implementation of effective CTR
programs. Penalties will be imposed only after exhaustive efforts to gain cooperation have failed.
Employers may appeal the imposition of penalties to the CTR Appeals Board (see Section 10).
Whenever Whatcom County Council. of Governments makes a determination that an affected
employer is in violation of the CTR Ordinance, Whatcom County Council of Governments shall
issue a written notice by certified mail or delivery, return receipt requested, to the employer. A
copy of the notice will be sent to the City or County Council in the jurisdiction which the
employer is located and shall contain: -- - -
(a) The name and address of the affected employer;
(b) A statement that the affected employer has been found to be in violation of the Ordinance,
with a brief and concise description of the conditions found to be in violation;
(c) A statement of the corrective action required to be taken and a date when such corrective
action should be completed;
(d) A statement specifying the range of any civil penalty that could be assessed on account of
the violation;
(e) A statement advising that a civil penalty maybe levied by the jurisdiction's council 30 days
after notification of the violation, unless the employer requests, in writing, an appeal.
(f) A description of.the appeals process and how the employer may initiate an appeal.
Each infraction shall constitute a separate violation.
4. Each day that an employer is in violation shall constitute a separate violation.
5. Penalties will begin to accrue 30 days following the formal notification of violation : :Jn the event
that an affected employer appeals the imposition of penalties, the penalties will not accrue during
the appeals pro cess.. Should the appeal be decided in favor of the appellant,: all -of the monetary
penalties will be dismissed.
Schedule of Penalties
The penalty for a violation will be set by the CTR Ordinance adopted by each affected jurisdiction.
26
"10: -V
Section 10
APPEALS PROCESS
Appeals Process
The appeals process for affected employers is consistent with the CTR Law and the CTR Task Force
Guidelines. The CTR Law provides employers with a framework within which to develop their own
CTR programs in response to the circumstances of their employees. When Whatcom County Council
of Governments reviews employer programs, it will be guided by the principle that flexibility and
attention to employer concerns are essential to the success of a program. Whatcom County Council
of Governments will be receptive to employer concerns and may allow for modifications based on
unique circumstances. In this way, the first stage of an appeal is for Whatcom County Council of
Governments to respond to employer concerns and, when necessary, negotiate mutually satisfactory
solutions.
Any affected employer may appeal administrative decisions regarding exemptions, goal modifications,
program element modifications, and violations to an appeals board. In the event of a violation, the
affected employer will be notified of the intent to impose penalties and the manner in which penalties
may be appealed. If an employer elects to appeal, the time from the receipt of the application to
appeal to the resolution of the appeal will not be counted in the imposition of penalties.
Appeals Board
The governing body (City or County Council) of the jurisdiction where the employer is located will
serve as the CTR Appeals Board. The Whatcom County Council of Governments will provide
technical support as needed by the Council to fulfill this duty.
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Section 11
CTR PROGRAMS OF LOCAL JURISDICTIONS
Introduction
One of the "guiding principles" of the CTR Law and CTR Guidelines is that local.ggvernments must
be part of the solution in efforts to reduce traffic congestion, air pollution and energy consumption.
Therefore, local governments are subject to the same CTR requirements that apply to affected
employers. Each local government that adopts the CTR Plan and CTR Ordinance is required to
develop and implement a CTR program.
Requirements
Whatcom County and, when affected, the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden,
Nooksack, and Sumas will develop a CTR program for their employees. At a minimum, each
jurisdiction must establish a CTR program at each worksite where it employs 100 or more affected
employees. If no worksite has at least 100 affected employees, then the jurisdiction must establish a
CTR program at the worksite where the most affected employees work.
The local jurisdictions must develop and submit a program description within 180 days of the
effective date of the CTR Ordinance. They must implement such programs within 180 days of the
submittal of their program descriptions.
29
Section 12
REVIEW OF PARKING POLICIES
Introduction
The review of local parking policies and ordinances is an integral part of the CTR Plan and is
specifically required by the CTR Law. Parking could be used as an aid to economiCdevelopment or
as related to code requirements in terms of the number of spaces provided. Part of a successful
approach to CTR and TDM is the need to analyze the true-parking demand versus the parking
requirements.
Strategies
Downward adjustments in parking requirements should be addressed by all jurisdictions planning
under the CTR Law. Additionally, identification of strategies to deal with specific parking conflicts
should be developed as part of this review. The establishment of incentives to developers who
provide on -site transit facilities or transit friendly design components should be explored. .
Ultimately, this effort should incorporate a full review and analysis of code provisions to determine
their compatibility with CTR goals and objectives and the creation.of incentive based provisions that
reward CTR/TDM supportive design and land use.
Commitment
Whatcom County and, if affected, the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden,
Nooksack, and Sumas will review local parking policies and ordinances as they relate to affected
employers and will make any revisions necessary to be consistent with the CTR Law and CTR
Guidelines. Summary findings of the reviews will be due to the Washington State Department of
Transportation CTR Office by June 30, 1998.
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ATTACHMENT 1 - - -
Figure 1 - Whatcom County CTR Zones
Zone 1 = Bellingham & its urban
grown areas as adopted
in the 1995 Comprehensive Plan
Zone 2 = Remainder of Whatcom County
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N
%+ E
S
0 2 4 Miles