Imperial County Municipal Code Ch. 10.16 Terminal Designations and Routes for Interstate Trucks

It shall be the intent and purpose of this chapter to provide for public necessity, health, safety or general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks.

(Prior code § 42600)

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter 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.

"Caltrans" means the state of California Department of Transportation or its successor agency.

"Director" means the director of public works of the county of Imperial or authorized representative.

"Interstate truck" means truck, tractor and semitrailer, or a truck tractor, semitrailer, and trailer or doubles as regulated by California Vehicle Code.

"Terminal" means a facility at which freight is consolidated to be shipped or where full load consignment may be loaded and off loaded or at which the vehicles are regularly maintained, stored or manufactured.

(Prior code § 42601)

A. Those persons qualifying as a "terminal" as defined in Section 10.16.020 and requiring terminal access from federally designated highways, shall submit an application and appropriate fee to the department of public works, county of Imperial, Courthouse, El Centro, California. The application shall be prepared and be on file with the department of public works.

B. Upon receipt of the application, the director of public works will determine the applicant's conformance with the terminal designation and if so approved, will then determine the capability of the route requested and/or alternate routes. Capability will be determined by the adequate turning radii and lane widths of ramps, intersections and highways. Also a determinant factor will be general traffic conditions such as sight distance, speed and traffic volumes for safe operation. Access off the federally designated highways will require Caltrans (District 11) approval.

C. If the requested route passes through several jurisdictions (i.e., municipality), applicant shall comply with that jurisdiction's application process. Coordination will be the responsibility of the applicant.

(Prior code § 42602)

A. Fees/Costs for the Application of a Terminal Designation. Application fee is to cover the cost of reviewing route(s) and terminal designation. The fee for a terminal and access designation will be two hundred fifty dollars ($250.00) payable at the time of application. The application fee is nonrefundable.

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 to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the county on route 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. Cost for trailblazer signs may be proportioned in accordance with the procedures in Section 10.16.050.

(Prior code § 42603)

A. If all feasible routes to a requested terminal are deemed unsatisfactory by the office of the director of public works, the applicant may request retrofitting the deficiencies, but all costs of engineering, construction and inspection will be borne by the applicant. When the retrofitting of deficiencies is within county jurisdiction 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 department of public works 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 estimate shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant, the applicant may file with the director on a form satisfactory to the director, a statement detailing the actual costs of the retrofitting.

C. If at any time within five years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicants' fee may include that applicant's proportionate share of the retrofitting, as determined by the director, which fee shall be disbursed by the county to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the director required by subsection B of this section.

(Prior code § 42604)

The director of public works is authorized to revoke any approved route if the route proves to be a safety hazard for any vehicular traffic. A "safety hazard" is defined as inability of the interstate trucks to negotiate routes and/or the trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians.

(Prior code § 42605)

A. If the director of public works denies terminal designation and/or route feasibility or revokes a previously approved route the applicant/terminal owner, within ten (10) days following the date of a decision of the director of public works on a revocation of terminal access or terminal designation may appeal the decision to the board of supervisors. An appeal shall be made on a form prescribed by the department of public works and shall be filed with the clerk of the board of supervisors. 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 clerk of the board of supervisors 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 or her decision on the application.

B. The c1erk of the board of supervisors shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the board of supervisors.

C. If Caltrans (District 11) 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 (District 11), as may be permitted by Caltrans.

(Prior code § 42606)