Colusa County Municipal Code Art. IV Interstate Trucks

(Ord. No. 444, § 1 (part))

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

(a)

“Terminal”

means any facility other than land in agricultural production at which freight is consolidated to be shipped or where full-load consignments may be loaded and offloaded, or at which the vehicles are regularly maintained, stored or manufactured.

(b)

“Interstate truck”

means a truck tractor and trailer or doubles with unlimited length, as regulated by the Vehicle Code.

(c)

“Director of public works”

means the director of public works of the county of Colusa or his authorized representative.

(d)

“Caltrans”

means the State Department of Transportation, or its successor agency.

(Ord. No. 444, § 1 (part))

The purpose of this article is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system, and to promote the general health, safety and welfare of the public.

(Ord. No. 444, § 1 (part))

(a) Any interested person requiring terminal access from the federally designated highway system shall submit an application, on a form provided by the county, together with such information as may be required by the director of public works, and appropriate fees, to the county of Colusa.

(b) Upon receipt of the application, the director of public works will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon his approval of that designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways, and general traffic conditions such as sight distance, speed, and traffic volumes. No access off a federally designated highway system will be approved without the approval of Caltrans.

(c) Should the requested route pass through the county of Colusa to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction application process. Coordination of the approval of the route through the county will be the responsibility of the entity which controls the terminal’s land use.

(Ord. No. 444, § 1 (part))

(a) The applicant shall pay a nonrefundable application fee, as established by the county by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

(b) Upon the approval of the terminal designation and route by the county and by Caltrans, the applicant shall deposit with the county sufficient funds, as estimated by the director of public works, to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the county enroute to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed, and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place.

(Ord. No. 444, § 1 (part))

(a) If all feasible routes to a requested terminal are found unsatisfactory by the director of public works, the applicant may request retrofitting the deficiencies. All cost of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the county or by a contractor acceptable to it.

(b) When the work is to be done by the county, the applicant shall deposit with the county the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work, and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant under encroachment permit, the applicant may file with the director of public works a statement detailing the actual costs of the retrofitting.

(Ord. No. 444, § 1 (part))

The director of public works may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A “safety hazard” includes the inability of interstate trucks to negotiate the route, or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Ord. No. 444, § 1 (part))

(a) If the director of public works denies terminal designation, route feasibility, or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the director of public works, may appeal the decision to the board of supervisors in writing. An appeal shall be made on a form prescribed by the county clerk and shall be filed with the county clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the director of public works, or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the director of public works shall transmit to the county clerk the terminal application, the sketches of the revoked route, and all other data filed therewith, the report of the director of public works, the findings of the director of public works, and his decision on the application.

(b) The county clerk shall make copies of the data provided by the director of public works available to the applicant and to the appellant (if the applicant is not the appellant) for inspection, and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the board of supervisors.

(c) If Caltrans and not the director of public works denies or revokes terminal access from federally designated highways, no appeal may be made to the board of supervisors, but must be made to Caltrans as may be permitted by Caltrans.

(Ord. No. 444, § 1 (part))

If any section, subsection, sentence, clause or phrase of the ordinance codified in this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of such ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.