Maywood Municipal Code Art. 20 Interstate Trucks

For the purposes of this article, certain words and phrases used in this article are defined as follows, and if any word or phrase used in this article is not defined in this section, such word or phrase shall have the meaning set forth in the Vehicle Code; provided, however, if any such word or phrase is not defined in the Vehicle Code, such word or phrase shall have the meaning attributed to it in ordinary usage:

(a) "Terminal" shall mean any facility at which freight is consolidated to be shipped, or where full load consignments may be loaded and off loaded, or at which the vehicles are regularly maintained, stored, or manufactured.

(b) "Interstate truck" shall mean a truck tractor and semitrailer or truck tractor, semitrailer, and trailer with unlimited length as regulated by the Vehicle Code.

(c) "City Engineer" shall mean the City Engineer or his authorized representative.

(d) "Caltrans" shall mean the Department of Transportation of the State or its successor agency.

(§ 1, Ord. 85-294, eff. November 7, 1985)

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.

(§ 1, Ord. 85-294, eff. November 7, 1985)

(a) Any interested person requiring terminal access for interstate trucks from a Federally-designated highway system shall submit an application, on a form as provided by the City, together with such information as may be required by the City Engineer and appropriate fees, to the City.

(b) Upon the receipt of the application, the City Engineer shall 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 such designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability shall 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 City to a terminal located in another jurisdiction, the applicant shall comply with the jurisdiction's application process. Coordination of the approval of the route through the City will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section 4-3.2004 of this article.

(§ 1, Ord. 85-294, eff. November 7, 1985)

(a) The applicant shall pay a nonrefundable application fee, as established by the City 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 City and by Caltrans, the applicant shall deposit with the City sufficient funds as estimated by the City Engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the City en route to the terminal. Upon the 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. Costs for trailblazer signs may be proportioned in accordance with the procedures set forth in subsection (c) of Section 4-3.2005 of this article.

(§ 1, Ord. 85-294, eff. November 7, 1985)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the City Engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction, and inspection shall 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 City or by a contractor acceptable to the City.

(b) When the work is to be done by the City, the applicant shall deposit with the City the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after the 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, the applicant may file with the City Engineer, on a form satisfactory to the City Engineer, a statement detailing the actual cost of the retrofitting.

(c) If, at any time within five (5) years after the date of the completion of the retrofitting by the applicant, any other applicant seeks terminal approval which would use the route upon which such retrofitting was accomplished, such other applicant's fee may include the applicant's proportionate share of the retrofitting, as determined by the City Engineer, which fee shall be disbursed by the City to the applicant who paid for the retrofitting, as well as any applicant who contributed to the cost of the retrofitting under this section. Nothing set forth in this section shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the City Engineer required by subsection (b) of this section.

(§ 1, Ord. 85-294, eff. November 7, 1985)

The City Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard fur vehicular traffic. A traffic hazard shall include the inability of interstate trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(§ 1, Ord. 85-294. eff. November 7, 1985)

(a) If the City Engineer denies a terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant and/or terminal owner, within ten (10) days following the date of the receipt of the decision of the City Engineer, may appeal such decision to the Council in writing. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the City Engineer or wherein his decision is not supported by the evidence in the record. Within five (5) days after the filing of an appeal, the City Engineer shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the City Engineer, the findings of the City Engineer, and his decision on the application.

(b) The City Clerk shall make copies of the data provided by the City Engineer 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 Council.

(c) If Caltrans and not the City Engineer denies or revokes terminal access from Federally-designated highways, no appeal may be made to the Council but shall be made to Caltrans as may be permitted by Caltrans.

(§ 1, Ord. 85-294, eff. November 7, 1985)

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

(§ 1, Ord. 85-294, eff. November 7, 1985)