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<br />ORDINANCE NS-2124 <br />PAGE ELEVEN <br /> <br />335 <br /> <br />(1) Submit to the city a list of TDM actions that <br />will be implemented to reduce a.m. peak hour <br />vehicle trips to meet the performance <br />requirement within 180 days of written <br />notification by the city. <br /> <br />(2) contingency actions to be taken in the event <br />of not meeting the performance requirement <br />shall be described in the TDM program. <br />Remedies could include but are not limited to: <br /> <br />a. increasing the level of effort (i.e. <br />financial and other resources) for <br />existing on-site TDM activities. <br /> <br />b. <br /> <br />initiating <br />activities. <br /> <br />on-site <br /> <br />TDM <br /> <br />new <br /> <br />c. supporting off-site TDM efforts that <br />have the effects of reducing traffic <br />levels in the vicinity of the <br />project. <br /> <br />d. increasing the level of support for <br />areawide TDM efforts. <br /> <br />(3) At the end of the 180 day period, performance <br />will be evaluated based upon compliance with <br />the performance requirement. No further <br />measures to reduce the proj ect' s peak hour <br />vehicle trips will be necessary if the <br />performance requirement is met and continues <br />to be met as described from information <br />provided in the TDM annual report. <br /> <br />(4) Should the performance requirement not be <br />satisfied by the end of the 180 day period, <br />the property owner(s) shall pay a TDM penalty <br />fee in proportion to the number of peak hour <br />vehicle trips in excess of the performance <br />requirement. The amount of the TDM penalty <br />fee shall be determined in accordance with the <br />penalty fee schedule specified in the TDM <br />program. <br /> <br />(5) The TDM penalty fee shall be paid to the city <br />and used as specified in the TDM program or, <br />if no use is so specified, the fee shall be <br />deposited in the appropriate transportation <br />system improvement area fund established <br />pursuant to article XII of chapter 13. <br /> <br />11 <br />