Sutter County Municipal Code Ch. 911 Interstate Truck Routes

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.

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

Development Services Department Director means the director of Development Services Department of the County of Sutter or his authorized representative.

Interstate truck means a truck tractor and trailer or doubles conforming to length standards as established by the federal government and as regulated by the Vehicle Code.

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 off loaded or at which the vehicles are regularly maintained, stored or manufactured.

([964] Ord. 1585, Sec. 2, May 28, 2013)

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.

(a) Any interested person requiring interstate truck 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 Development Services Department Director and appropriate fees to the County of Sutter.

(b) Upon receipt of the application, the Development Services Department Director 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, and in cooperation with the State Department of Transportation (Caltrans) to the extent required by the California Vehicle Code, the Development Services Department Director 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 of a federally designated highway system will be approved without the approval of Caltrans.

(c) Should the requested route pass through the County of Sutter 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 County will be the responsibility of the entity which controls the terminal's land use.

([964] Ord. 1585, Sec. 2, May 28, 2013)

(a) The applicant shall deposit one hundred dollars ($100.00) toward the expense incurred by the County in the review of the terminal designation and review of the route and alternate route. County time and materials, if any, will be applied against the deposit and any excess shall be returned to the applicant upon completion of the work on the application. In the event that the deposit is inadequate to cover county expenses, the balance will be billed to the applicant. Said billing shall be paid before further proceedings are taken on the application.

(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 Development Services Department 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 different 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.

([964] Ord. 1585, Sec. 2, May 28, 2013)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the Development Services Department Director, the applicant may request retrofitting the deficiencies. All costs 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 word 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 Development Services Department Director, a statement detailing the actual costs of the retrofitting.

([964] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director 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.

([964] Ord. 1585, Sec. 2, May 28, 2013)

(a) If the Development Services Department Director denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within 15 days following the mailing of the decision of the Development Services Department Director may appeal said decision to the Board of Supervisors in writing. The appeal shall state specifically wherein there was an abuse of discretion by the Development Services Department Director. Within five days of the filing of an appeal, the Development Services Department Director 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 Development Services Department Director, the findings of the Public Works Director and his decision on the application.

(b) The County Clerk shall make copies of the data provided by the Development Services Department Director 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 Development Services Department Director 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.

([964] Ord. 1585, Sec. 2, May 28, 2013)