Merced Municipal Code Ch. 10.46 Interstate Truck Terminals and Access

It is the intent and purpose of this chapter to provide for the public necessity, health, safety and general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system.

(Ord. 1566 § 1 (part), 1985).

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 meaning 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 at which is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which interstate trucks are regularly maintained, stored or manufactured.

B. "Interstate truck" means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the vehicle code.

C. "Terminal access" means any exit from the designated highway system on a locally designated route to a locally designated terminal.

D. "Route capability" means a route which has adequate sight distances, geometric design, structural strength and general traffic safety to accommodate the traffic volumes generated by interstate trucks.

E. "Large truck terminal sign" means a type G-66-56 state sign with blue legend on white reflective background.

(Ord. 1566 § 1 (part), 1985).

A. Any person requiring terminal access for interstate trucks from federally designated highways must submit an application on a form as provided by the city, together with such information as may be required by the engineering department, and appropriate fees to the city.

B. Upon receipt of the application, the city engineer will investigate the route capability. A determination of route capability will include, without limitation, a review of the geometric design of and structural strength of streets, intersections and public works improvements along said route. The city engineer will also consider general traffic conditions such as sight distance, speed and traffic volumes for safe operation.

C. The application shall include a map describing the route, the terminal being served and the location of the anticipated connection to the Federal Highway Administration's designed system.

D. The city engineer shall either approve the route as presented, approve the route with modifications, or disapprove the route. Approval by the State Department of Transportation shall also be required. If the route is approved by the city engineer and the state, the city engineer shall issue a permit authorizing the applicant to travel on the route.

(Ord. 1566 § 1 (part), 1985).

A. Upon application for a route permit, a deposit of two hundred fifty dollars will be required to cover the cost of an engineering investigation and administrative procedures. Applicant will either receive a refund or be billed for additional costs based upon the actual cost of the investigation and administrative procedures.

B. If the application for route permit is approved, the applicant will be required to pay seventy-five dollars per sign for the purchase, installation and maintenance of all necessary signs. The large truck-terminal signs will be required at every point on the route to the terminal where the truck driver has a choice of driving on alternate roads.

C. An annual renewal application and fee of fifty dollars will be required in order to keep the terminal identification current and to cover the cost of sign maintenance.

(Ord.1566 § 1 (part), 1985).

The city engineer is authorized to revoke any approved permit if the designated route proves to be a safety hazard for vehicular traffic. "Safety hazard" includes the inability of an interstate truck to negotiate the route or said truck causing unsafe driving conditions for the vehicle traffic or pedestrians.

(Ord. 1566 § 1 (part), 1985).

A. Any order or decision of the city engineer concerning a route permit may be appealed within five days of the decision or order to the city council by the applicant, or any other person aggrieved by the decision or order, in the following manner:

A written appeal and appeal fee of two hundred fifty dollars shall be submitted to the city clerk who shall file it with the city council. The appeal must state the substance of the decision or order appealed from, and specifically wherein there was an error or abuse of direction by the city engineer.

B. Within thirty days following filing of the appeal, the city council shall conduct a public hearing at which the person filing the appeal, the applicant, the city engineer, and/or their representatives shall be heard. Notice of the time, place and purpose of the hearing shall be mailed to the applicant and the person(s) filing the appeal at least ten days prior to the date of the hearing. Notice shall also be given in the official newspaper of the city at least ten days prior to the hearing.

C. Within thirty days following completion of the hearing, the city council shall confirm, modify or reject the decision or order of the city engineer on the basis of the evidence submitted at the hearing.

D. When written notice is required to be given under any section of this chapter, it shall b e given by first class mail, postage prepaid, and addressed as follows:

1. To the applicant at the address appearing on the application for the permit;

2. To any other person at the address given to the city engineer.

(Ord. 1566 § 1 (part), 1985).

A. If all feasible routes to a requested terminal are deemed unsatisfactory by the city engineer, the applicant may request public works improvements be made to provide adequate capability. All costs of engineering, construction and inspection required for said improvements will be borne by the applicant. The improvements will be performed by the city or by a contractor acceptable to it, except when the said improvements fall within the jurisdiction of the State Department of Transportation.

B. Prior to the undertaking of improvements by the city, the applicant shall deposit with the city the estimated cost of the improvements as determined by the city engineer. 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.

C. If at any time within five years from the date of completion of the public works improvements, should any new applicant seek terminal approval to use the route upon which such improvements were made, any such applicant's fee shall include that applicant's proportionate share of the improvements, which fee shall be disbursed by the city to the original applicant who paid for the improvements as well as to any other applicant(s) who contributed to the cost of the improvements.

(Ord. 1566 § 1 (part), 1985).

It is unlawful for any person or business requiring terminal access in the city to exit from a federally designated highway without first obtaining and maintaining a valid permit authorizing such access.

(Ord. 1566 § 1 (part), 1985).