Tuolumne County Municipal Code Ch. 12.24 Interstate Truck Access to Local Roads

Sections:

• 12.24.010 Definitions.

• 12.24.020 Purpose.

• 12.24.030 Application.

• 12.24.040 Fees and costs.

• 12.24.050 Retrofitting.

• 12.24.060 Revocation of route.

• 12.24.070 Appeal process.

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.

A. "Terminal" means 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" means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with limited length as regulated by the vehicle code.

C. "Director" means the Director of Public Works, County of Tuolumne, or his/her authorized representative.

D. "Caltrans" means the state of California Department of Transportation or its successor agency. (Ord. 2696 § 1, 2006; Ord. 2690 § 2, 2006; Ord. 1462 § 1 (part), 1986).

is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on state designated access highways and to promote the general health, safety and welfare of the public. (Ord. 1462 § 1 (part), 1986).

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

B. Upon receipt of the application, the 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/her approval of that designation, he/she 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.

C. Should the requested route pass through the county to a terminal located in another jurisdiction, the applicant shall comply with that jurisdictions 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.
Costs for trailblazer signs shall be as provided in subsection B of Section 12.24.040. (Ord. 1462 § 1 (part), 1986).

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 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 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 in Subsection C of Section 12.24.050. (Ord. 1462 § 1 (part), 1986).

A. If all feasible routes to a requested terminal are found unsatisfactory by the 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 work is to be done by the County, the applicant shall deposit with the director 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, the applicant may file with the director, or 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 director 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. (Ord. 1462 § 1 (part), 1986).

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 of said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. 1462 § 1 (part), 1986).

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

B. The clerk shall make copies of the data provided by the 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.

C. If Caltrans and not the director denies or revokes terminal access from state designated access highways, no appeal may be made to the board of supervisors but must be made to Caltrans as may be permitted by Caltrans. (Ord. 1462 § 1 (part), 1986).