10.1.1 
Purpose. Per Section 7.2 of the Zoning Bylaw, the purpose of Transportation Management Overlay District (TMOD) plans is to allow greater opportunity for facilitating effective multimodal transportation networks that will increase the quality of life in Lexington. Compliance with a TMOD plan provides an alternative to the special permit process outlined in Section 5.1, Off-Street Parking and Loading, and Section 5.5, Traffic Standards, of the Zoning Bylaw.
10.1.2 
Waivers. Upon request, the Planning Board, or in the case of a small project PTDM plan the Planning Board's designee, may waive strict compliance with the requirements of a TMOD plan for a particular development where such waiver is in the public interest and not inconsistent with the intent and purpose of the plan. An applicant is not entitled to a waiver and the Planning Board, or its designee, in its discretion, may decline to approve a request for a waiver.
10.1.3 
Effective Date. Any TMOD plans and regulations may be updated periodically to reflect actual development activity, actual costs of infrastructure improvements completed or underway, plan changes, or amendments to the Zoning Bylaws.
10.1.4 
Enforcement. A final certificate of occupancy may not be issued unless or until all provisions of Section 7.2 have been satisfied.
[Amended 9-13-2023]
The Transportation Management Overlay District Plan known as the "TMO-1 District Plan" or the "Hartwell Avenue Area Plan." required by § 135-7.2.4 of the Zoning Bylaws was adopted by the Planning Board on September 13, 2023. The following regulations implement the plan.
10.2.1 
Definitions.
MODE SHIFT
A shift from one mode of travel to another, i.e. vehicle travel to transit, or pedestrian to bicycle.
SINGLE-OCCUPANCY VEHICLE (SOV)
A motorized four-wheeled vehicle of any type capable of accommodating multiple occupants but which is carrying only one occupant.
TRANSPORTATION MANAGEMENT ASSOCIATION (TMA)
A membership based, public-private partnership of businesses, institutions, residential developments, and municipalities that are joined together under a legal agreement to provide and promote transportation solutions for commuters that reduce traffic congestion, improve air quality and increase access to economic opportunities.
10.2.2 
Purpose. The purpose of the TMO-1 District is to reduce the mode share of single-occupancy vehicle trips for commuters to be 10% less than that found by the latest five-year American Community Survey. The current SOV mode share goal is 82% but may change in 2024. Developments electing to comply with the TMO-1 District Plan shall have the same goal of reducing the number of single-occupancy vehicle trips to the development.
10.2.3 
Applicability. The provisions contained in the TMO-1 District Plan, and these regulations, apply to developments located inside the TMO-1 District that elect to comply with the requirements of § 135-7.2 of the Zoning Bylaw and the specific requirements of the TMO-1 District Plan, instead of the requirements outlined in §§ 135-5.1 and 135-5.5 of the Zoning Bylaw.
10.2.4 
Site plan approval will not be given and building permits will not be issued to projects that do not meet the provisions of the Zoning Bylaw and these regulations. The Planning Board may waive provisions of these regulations at a public meeting, consistent with § 176-3.4, if the waiver would not derogate from the purpose of these regulations.
10.2.5 
Transportation Mitigation Fee.
1. 
Calculation of payment. The transportation mitigation fee is the sum of:
a. 
Two thousand dollars for each net new parking space built up to the minimum parking required by § 10.2.6; and
b. 
Five thousand dollars for each net new parking space built beyond the minimum parking required by § 176-10.2.6.
2. 
Timing of Payment. Twenty-five percent of the fee shall be paid before the issuance of the building permit. Twenty-five percent of the fee shall be paid before the issuance of a temporary certificate of occupancy. The remainder of the fee must be received in full before the issuance of an occupancy permit.
3. 
Projects in Lieu of Mitigation Fee. In rare circumstances, the Planning Board may allow the construction of mitigating transportation-related improvements in lieu of the mitigation fee.
10.2.6 
Off-Street Parking and Loading Requirements.
1. 
Except as otherwise provided in this section, the parking and loading standards in the TMO-1 District shall be calculated and applied per § 135-5.1 of the Zoning Bylaw for the underlying district.
2. 
The minimum number of parking spaces shall be 15% less than the ratios required by § 135-5.1.4 for the underlying district. The Planning Board may allow less than the minimum parking if it can be demonstrated that the parking supply is adequate.
3. 
There is no maximum parking ratio although parking spaces built over the minimum have a higher mitigation fee.
4. 
Required parking spaces may be held in reserve and not built or used. If those parking spaces are later built and put into operation, additional mitigation fees will apply and be due.
10.2.7 
Parking and Transportation Demand Management Plans (PTDM Plans). Developments located in the TMO-1 District that elect to comply with the requirements of the TMO-1 District Plan shall create and carry out a parking and transportation demand management (PTDM) plan as detailed below. PTDM plans shall be submitted for review prior to an application for a building permit, site plan review, or special permit, whichever comes first. A final certificate of occupancy may not be issued unless a complying PTDM plan has been submitted and approved.
1. 
The PTDM plan type is determined by the scale of a proposed project, including any construction in the previous three years:
a. 
A large project PTDM plan is required for developments that meet or surpass the following thresholds:
i. 
Exterior construction or expansion of structures which results in an increase of more than 30,000 square feet of total building net floor area; or
ii. 
The available parking on the site is increased by more than 30 parking spaces.
b. 
A small project PTDM plan is required for developments that meet or surpass the following thresholds but do not require a large project PTDM plan:
i. 
Exterior construction or expansion of structures which results in an increase of more than 5,000 square feet of total building net floor area; or
ii. 
The available parking on the site is increased by more than eight parking spaces.
2. 
If a PTDM plan already exists for the property, the existing PTDM plan shall be reviewed and amended to comply with these regulations. If the development is adding more than 50,000 square feet of gross floor area, a new PTDM plan shall be submitted.
10.2.8 
PTDM Plan Contents.
1. 
The PTDM plan shall be designed to minimize the amount of parking demand associated with the project and reduce SOV trips in and around the TMO-1 District. A compliant PTDM plan shall include:
a. 
Project name.
b. 
Project address.
c. 
Name and address of property owner and property manager.
d. 
Description of the nature of the development and property use.
e. 
Total number of existing and proposed parking spaces (broken down by residential, employee, and visitor/guest spaces to the extent possible).
f. 
Proposed employee trip origin data (if known).
g. 
Proposed employee transportation mode data: passenger vehicle, public bus, company shuttle, bicycle, walk (if known).
h. 
Proposed parking usage and count data (if known).
i. 
Net floor area and gross floor area of all buildings on the property.
j. 
Number of bike parking spaces.
k. 
Number of carpool spaces.
l. 
Number of electric vehicle plug-in spaces (EV) and EV-ready spaces.
m. 
Selected TDM measures and allocated points and descriptions of the specific demand management techniques that will be used to achieve a reduction in single occupancy vehicle use.
2. 
PTDM plans shall include PTDM measures chosen from the menu of PTDM measures listed in these regulations or other measures chosen by the applicant. For those measures not on the menu, the Planning Board or its designee, at its discretion, shall determine if the proposed measure can be used and its point value. The values in the menu are meant to tip the scales to more effective and district-wide strategies. PTDM plans in the TMO-1 District shall include measures with at least the following number of points:
Minimum Requirement
Small Project
Large Project
10 points
25 points
3. 
TDM Measures for Mode Shift.
Measure
Points
Description
1.
Join Transportation Management Association (TMA)
Required
Membership: alternative transportation mode promotion and coordination
2.
On-site transportation coordinator
Required
Provide staff to assemble and distribute information on rideshare, transit, biking, coordinate carpools, administer TDM promotions and collect data on commuting mode. Liaison with TMA
3.
Unbundle parking
5
Separate the cost of parking from the cost of renting, leasing or ownership so that parking is paid for by the individual so that individuals become aware of the cost.
4.
Parking cash-out
5 to 6
Tenants/employees who commute via non-SOV method at least 3 days a week are offered free parking are also offered the cash equivalent to not use parking
5.
Bicycle parking
2
Provide secure bicycle parking at least 1.5 times the zoning requirement. Bike racks shall be ring and post or inverted U-style.
6.
Showers and lockers
2
For nonresidential projects, provide on-site showers and lockers to encourage commuting by active modes.
7.
Bike share membership
2
Provide bike share membership for all residents and employees
8.
Host public bike share vehicles on-site
2
Host a bike docking station or dockless bicycles on site
9.
Bicycle repair station or service
2
Provide on-site tools or repair service through an on-call mechanic or vouchers to a local shop
10.
Fleet of bicycles/private bike share
2
Provide bikes for employees or tenants to use for daytime trips
11.
Bicycle equipment
1
Provide helmets and reflective vests for bicycle fleet riders
12.
Car share parking and membership
2
Provide car share parking and promote car share membership
13.
Subsidize MBTA passes
3 to 4
Subsidize passes by at least 50% to 100% for employees or tenants that commute to work via MBTA or shuttle at least 3 days a week
14.
Offer pre-tax MBTA passes
1
15.
Join existing shared shuttle bus service
10
Join with others to provide shuttle service for residents and employees on shuttle open to public
16.
Create shared shuttle bus service
10
Create and/or join with others to create shared shuttle bus service for residents and employees on shuttle open to public
17.
Provide private shuttle bus service not shared with others
8
Provide private shuttle bus service for properties owned by the same entity. Shuttle is not open to the public
18.
Real-time transportation information displays
3: screen and app
2: screen or app
Large screen, monitor, or phone app that displays transit (MBTA and shuttle) arrival and departure information and other information
19.
Tailored transportation planning
3
Provide residents and employees with individualized information about travel options
20.
Emergency ride home
3
Open to all employees or tenants for at least 4 rides a year
21.
Wayfinding signs
1
Signs for pedestrians and bicyclists
22.
Provide pedestrian and bicycle connection to adjacent properties
3
Build a connection to adjacent properties
23.
Developer proposed employee incentive program
1 to 10
Provide incentives to use modes that reduce vehicle trips
10.2.9 
PTDM Plan Submission and Review.
1. 
The applicant shall submit to the Planning Office, through the online permitting system, a transportation demand management application and a draft PTDM plan prior to any site plan review, special permit or building permit application.
2. 
Once the application is deemed complete, the Planning Office will review the draft PTDM plan to ensure the required number of points has been achieved by a selection of TDM measures. The Planning Office will review and provide comments within 30 days. The applicant may make changes to the PTDM plan in response.
3. 
Once approved, a planning approval letter shall be issued by the Planning Office and referenced in the site plan approval.
4. 
For the purposes of this TMO-1 plan the Planning Board's designee is either the Planning Director or the Assistant Planning Director.
10.2.10 
Approvals. PTDM plan approvals issued by the Town shall be transferrable by and among private parties, provided that the proposed new owner (the transferee) shall continue to operate under the submitted and approved PTDM plan or seek and be granted approval of a replacement PTDM plan.
10.2.11 
Modification. To modify a PTDM plan, the applicant shall submit the existing PTDM plan, the proposed modification, and the reason for the modification. Modifications shall comply with current plan requirements. If the modified plan does not meet the provisions of these regulations, the applicant shall request a waiver from the Planning Board.
10.2.12 
Fees.
Submission
Fee
Application fee: small project PTDM plan
$100
Application fee: large project PTDM plan
$300
Modification of an existing PTDM plan if newer than 2010. If the PTDM plan is older, a new application fee applies
$50
Waiver request to the Planning Board
$200
10.2.13 
Issuance of Certificate of Occupancy. Prior to the issuance of a final certificate of occupancy, the applicant shall submit documentation that all TDM measures are in place. The Planning Office may conduct a site inspection to confirm that all approved physical measures in the project's PTDM plan have been implemented or installed.
10.2.14 
Reporting.
1. 
Ongoing monitoring and reporting is required to ensure that developers, property owners, and tenants are actively participating in their PTDM program commitments and working to meet the district mode shift goal.
2. 
Both small project and large project PTDM plans require reports to the Town. Unless a different arrangement is made with the Town, reports are due to the Planning Office on July 1 of the year following execution of the PTDM, or the first business day afterwards.
3. 
Large project report contents.
a. 
Each large project report shall include the following performance metrics:
i. 
Mode split calculation based on data collected from monitoring report;
ii. 
Average peak weekday parking (car and bicycle) facility occupancy;
iii. 
Peak period (6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.) vehicle trips to and from the site;
iv. 
Peak period (6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.) bicycle trips to and from the site;
v. 
Percentage of daily trips taken during peak periods;
vi. 
Average daily weekday combined MBTA and TMA shuttle ridership;
vii. 
Results from online survey of at least 50% of all site employees, including contract workers who are on site regularly; and
viii. 
Self-assessment of selected PTDM measures and goal attainment.
b. 
In addition, the report shall include the following back-up information taken from the survey:
i. 
Typical transportation access mode (mode share);
ii. 
Percent of employees working from home, by day of week;
iii. 
Receptiveness to and use of provided TDM options;
iv. 
Receptiveness to alternative TDM options; and
v. 
Zip code origins of employees and zip code destinations of residents.
4. 
Each small project report shall include the following performance metrics:
a. 
Average peak weekday parking (car and bicycle) facility occupancy;
b. 
Number of parking space and bicycle parking spaces;
c. 
Average daily weekday combined MBTA and TMA shuttle ridership; and
d. 
Self-assessment of selected PTDM measures and goal attainment.
5. 
The Planning Office may conduct a site visit and interview the property manager about parking and TDM program provision.
6. 
Monitoring reports are required:
a. 
One year after certificate of final occupancy: the first instance of data collection and documenting performance metrics;
b. 
Three years after occupancy (or certificate of occupancy);
c. 
Five years after occupancy (or certificate of occupancy); and
d. 
Every five years during the effectiveness of the plan, starting at 10 years after occupancy.
10.2.15 
Not Meeting Mode Share Targets.
1. 
If the monitoring report indicates that mode share targets are not met or at least improving the following actions will be taken:
a. 
The Planning Office will set up a meeting with the property owner or manager to discuss the monitoring report results and how adjustments to the PTDM plan can better meet the transportation needs of their building tenants;
b. 
The property manager or owner shall submit a revised PTDM Plan detailing what changes are being made to support compliance with the TMO-1 District regulations and TDM goals; and
c. 
The property manager or owner shall confirm with the Town that all existing TDM measures documented in the PTDM Plan are being implemented.
2. 
Sites not meeting mode-share target goals shall submit reports annually until targets are met or are improving.