Woodside Municipal Code § 71.69 Limited truck routes

(A) Signs. Whenever any ordinance of the Town designates or describes any street, or portion thereof, as a street the use of which is permitted by any commercial vehicle or by any vehicle exceeding a maximum gross weight of three tons, the Town Engineer is hereby authorized to designate such streets, or portions thereof, by appropriate signs as "Truck Traffic Routes" for the movement of commercial vehicles and vehicles exceeding a maximum gross weight limit of three tons.

(B) Approval. The provisions of this section shall not be effective with respect to any highway which is not under the exclusive jurisdiction of the Town, or, in the case of any state highway, until the proposed ordinance has been submitted by the Council to, and approved in writing by, the Department of Public Works of the State.

(C) Exceptions. No such ordinance shall prohibit any commercial vehicle coming from an unrestricted street having ingress or egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such restricted street for which a building permit has previously been obtained therefor. The provisions of this section shall not apply to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any public utility.

(1975 Code, § 4-3.1301) (Ord. 1958-70, effective - -58)

Cross reference— Penalty, see 10.99

(A) Signs; obedience. All streets not designated in the provisions of this subchapter as "Truck Traffic Routes" shall be "restricted streets." When any such truck traffic route or routes are established and designated by appropriate signs, the operator of any commercial vehicle, or any vehicle exceeding a maximum gross weight limit of three tons, shall drive on such routes and none other, except when necessary to traverse another street for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted street or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such restricted street for which a building permit has been previously obtained therefor, but then only by such deviation from the nearest truck route as is reasonably necessary.

(B) Exceptions. The provisions of this section shall not apply to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any public utility.

(1975 Code, § 4-3.1302) (Ord. 1958-70, effective - -58)

Cross reference— Penalty, see 10.99

(A) Outside origin.

(1) Outside destination points. All trucks entering the Town for a destination point outside the Town shall operate only over a truck traffic route set forth in Section 74.02, Schedule II.

(2) One inside destination point. All trucks entering the Town for a destination point in the Town shall enter the Town only on an established truck route, shall proceed only over an established truck route, and shall deviate only at the intersection with the street nearest to the destination point. Upon leaving the destination point, the deviating truck shall return to the nearest truck route by the shortest route.

(3) Multiple inside destination points. All trucks entering the Town for multiple destination points shall enter the Town only on an established truck route, shall proceed only over established truck routes, and shall deviate only at the intersection with the street nearest to the first destination point. Upon leaving the first destination point, a deviating truck shall proceed to all other destination points by the shortest route. Upon leaving the last destination point, the deviating truck shall return to the nearest truck route by the shortest route.

(B) Inside origin.

(1) Outside destination points. All trucks on a trip originating in the Town and traveling in the Town for a destination point outside the Town shall proceed by the shortest route to the nearest truck route set forth in Section 74.02, Schedule II.

(2) Inside destination points. All trucks on a trip originating in the Town and traveling in the Town for destination points in the Town shall proceed to such destination points by the shortest route.

(1975 Code, §§ 4-3.1303, 4-3.1304) (Ord. 1958-70, effective - -58)

Cross reference— Penalty, see 10.99

Any police officer shall have the authority to require any person driving or in control of any truck on any public street or highway in the Town to proceed to any public or private scale available for the purpose of weighing and determining whether the provisions of this subchapter have been complied with.

(1975 Code, § 4-3.1305) (Ord. 1958-70, effective - -58)

Cross reference— Penalty, see 10.99

(A) Notwithstanding any other provision of this subchapter or any other law of the Town, vehicles hauling earth and dirt fill or other material within or through the Town to or from points within or without the Town, which vehicles exceed the maximum gross weight limits set forth in this subchapter may be permitted along streets designated as "Limited Truck Routes" pursuant to the conditions and provisions of Sections 71.70 through 71.77 of this subchapter.

(1975 Code, § 4-3.1307)

(B) The Town Council shall establish the routes over restricted streets which all vehicles subject to the permit required by the provisions of Section 71.70 shall travel, and such vehicles shall travel only directly over such routes, as may be directed by the Town Council to be least dangerous to the public safety and which shall cause the least interference with the general traffic and the least damages to the public streets.

(1975 Code, § 4-3.1324) (Ord. 1958-70, effective - -58)

(A) Any person desiring to haul earth and fill or other materials along any restricted street shall file an application in triplicate for a permit to do such hauling with the Town Clerk, the original of which shall be verified. The application shall set forth the following information:

(1) A full identification and the residence and business addresses of the applicant, including all members of any firm or partnership and the president and secretary of any corporation. If the applicant is the agent or employee of any person for whose benefit the permit is requested, the applicant shall state this fact, with the full identification of such person and his/her business and residence address;

(2) The facts constituting the necessity for hauling the fill;

(3) The amount of fill intended to be hauled;

(4) The dates on which the hauling is intended to be commenced and completed and the times of day during which such hauling is intended to be done;

(5) The route within the Town which the applicant proposes to use over public streets or private property transporting the fill;

(6) The time interval between vehicles, and the number of vehicles per hour, which will travel over the route for which the permit is sought;

(7) The locations of the places of delivery of the earth fill or other materials, whether within or without the Town; provided, however, if delivery is to be made in small quantities to numerous places, a general description, satisfactory to the Town Clerk, of the locations of the contemplated deliveries will be sufficient; and

(8) Such further information as the Town Clerk may require.

(1975 Code, § 4-3.1308)

(B) At the time of filing the application, the applicant shall pay to the Town a minimum filing fee of $35.00 to cover the cost of the investigation by the Town of such application, together with an additional amount at the rate of $.01 for each 1,000 cubic yards over 25,000 cubic yards of earth or fill, if any, which it is estimated will be hauled. The fees herein may be modified by resolution of the Town Council.

(1975 Code, § 4-3.1309)

(C) Immediately upon the filing of an application for a permit to haul, two copies of such application shall be delivered to the Town Clerk. The Town Clerk shall make an investigation of the facts stated in the application and, within five days after the date of filing such application, shall either grant a permit with or without modification or deny such application in whole or in part.

(1975 Code, § 4-3.1310) (Ord. 1958-70, effective - -58; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see 10.99

(A) Deposits.

(1) In the event the application is made for the hauling of earth or fill, the Town Engineer shall require, as a condition to the granting of such permit, that the applicant, prior to the issuance of the permit, deposit with the Town, as security for the payment of the fees set forth in Section 71.73, a sum of money to be fixed by the Town Engineer, which shall be based upon the charges set forth in Section 71.73, for the amount of fill which it is estimated will be hauled pursuant to the permit; provided, however:

(a) Such security shall be applied to the progress payments, or if no progress payments are required, then to the sole payment, of the permit fee required by the provisions of Section 71.73 as and when such payments become due.

(b) Within 35 days after the hauling shall have been completed, the permittee shall pay to the Town the difference between the amount deposited pursuant to the provisions of this section and the fee due the Town pursuant to the provisions of Section 71.73 if the fee due pursuant to the provisions of Section 71.73 is greater than the sum deposited pursuant to the provisions of this section.

(c) Within 35 days after the hauling shall have been completed, the Town shall return to the permittee the difference between the fee due pursuant to the provisions of Section 71.73 and the amount deposited pursuant to the provisions of this section if the fee due pursuant to the provisions of Section 71.73 is less than the sum deposited pursuant to the provisions of this section.

(d) The amount deposited pursuant to the provisions of this section shall be returned to the applicant if, prior to the commencement of any hauling operation pursuant to such application, the applicant shall have notified the Town Engineer of his/her intention not to engage in any such hauling operation and demanded the return of the deposit.

(2) All notices required pursuant to these provisions shall be in writing and delivered personally to the Town Engineer or transmitted by United States registered or certified mail, postage prepaid, and addressed to him/her at the Town offices, Woodside, California.

(3) The amount demanded by the applicant shall be returned to him/her within ten days after such notice shall have been received by the Town Engineer.

(1975 Code, § 4-3.1311) (Ord. 1958-70, effective - -58; Am. Ord. 1958-74, effective - -74; Am. Ord. 1997-486, effective 6-26-97)

(B) Surety bonds.

(1) The Town Engineer may require, as a condition to the granting of any permit required by the provisions of Section 71.70 for the hauling of earth, fill, or any other material, that the applicant deposit with the Town Engineer a surety bond, in an amount to be fixed and a form to be specified by the Town Engineer, inuring to the benefit of the Town and guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit and will repair to the satisfaction of the Town Engineer, or, at the option of the Town Engineer, will reimburse the Town for any damages caused to Town streets or other Town property by the proposed hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the Town Engineer as being sufficient in financial responsibility.

(2) With the approval of the Town Engineer, the applicant may deposit such bond on an annual or continuing basis to cover one or more of such permits for hauling in the same or different locations.

(1975 Code, § 4-3.1318) (Ord. 1958-70, effective - -58)

(C) Insurance.

(1) The Town Engineer may also require, as a condition to the granting of any permit required by the provisions of Section 71.70, that the applicant deposit with the Town Engineer a certificate or policy of a responsible insurance company showing that the Town, and its elective and appointive boards, officers, agents, and employees, are insured in the amounts set forth in this section against any losses or damages arising directly from the operations of the applicant or any firm, person, or corporation acting in his/her, their, or its behalf in carrying on any operation connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be as follows:

(a) Public liability insurance. The public liability insurance shall be in an amount not less than $1,000,000.00 for injuries, including, but not limited to, accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than and $1,000,000.00 on account of one accident.

(b) Property damage insurance. The property damage insurance shall be in an amount of not less than $100,000.00.

(2) With the approval of the Town Engineer, the applicant may deposit such policies of insurance on an annual or continuing basis to cover one or more of such permits for hauling in the same or different locations.

(3) All insurance required in Section 71.71 shall be with an insurance carrier that is licensed in the State of California and is in good standing with the California Department of Insurance, and has a Best Company rating of "A" or better.

(1975 Code, § 4-3.1319) (Ord. 1958-70, effective - -58; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see 10.99

(A) Criteria. The application shall be granted by the Town Engineer only if he/she finds as follows:

(1) That the public health, safety, or welfare require the hauling and deposit of the earth fill and the use of the route applied for, or such modification thereof as he/she may deem advisable;

(2) That the hauling over the route specified will not be injurious to the public health, safety, or welfare;

(3) That the Town will be duly protected from liability for injuries to persons and property; and

(4) That the Town will be indemnified from injuries to its public streets and other places by reason of the use thereof for such hauling.

(B) Conditions. The Town Engineer shall specify the following in granting the permit required by the provisions of Section 71.69:

(1) The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit;

(2) The time interval between vehicles, and the number of trucks per hour which shall be permitted to travel over the route specified;

(3) The hours of the day and the days of the week during which such trucks shall be permitted to travel over such route;

(4) The total number of yards of fill which may be hauled subject to the permit; and

(5) The period during which the permit shall be effective.

(1975 Code, §§ 4-3.1312, 4-3.1313) (Ord. 1958-70, effective - -58)

Cross reference— Penalty, see 10.99

In the event a permit is granted for the hauling of earth or fill, the permittee shall pay to the Town a fee for the privilege of such permit at the rate of $.01 per cubic yard of earth or fill hauled. The Town Council may change the fee herein by resolution. Such fill shall be weighed or measured by the Town from time to time at the time and place and in the manner specified by the Town Engineer, and the amount due pursuant to the provisions of this section shall be paid by the permittee to the Town at the end of each week of haul, if the hauling shall consume more than one week; otherwise the fee shall be paid at the end of the hauling period. The moneys collected from the payment of such fees shall be deposited in the General Fund of the Town and shall be used primarily for the repair and maintenance of limited truck routes and thereafter for general street repair and maintenance.

(1975 Code, § 4-3.1314) (Ord. 1958-70, effective - -58; Am. Ord. 1973-242, effective - -73; Am. Ord. 1997-486, effective 6-26-97)

Any permit granted pursuant to the provisions of this subchapter may be revoked only by the Council as, in its discretion, may seem reasonable and just for any reason for which the issuance of such permit might lawfully be denied or for any failure to comply with any of the provisions of this subchapter or of such permit. The revocation of such permit shall be made only upon a hearing before the Council after at least five days' notice thereof to the permittee. Such notice shall be in writing mailed by United States mail addressed to the permittee at his/her business or residence address as stated in his/her application for a permit.

(1975 Code, § 4-3.1315) (Ord. 1958-70, effective - -58)

(A) In the event any hauling for which a permit has been granted pursuant to the provisions of this subchapter is not commenced within five days after the date of the issuance of such permit, or in the event such hauling is at any time abandoned for a period of five consecutive days, such permit shall automatically expire, without notice, and no further hauling shall be made; provided, however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be available against him/her for any breach thereof. When the amount of material hauled equals the number of cubic yards which such permit authorizes to be hauled, or if haulings vary from the terms of the permit, no further haulings may be made until a new or a supplemental permit to haul has been issued. In either event, an application for a supplemental permit to continue the hauling may be filed, setting forth all the information required for the original application and not contained therein. No further filing fee shall be required, but if such supplemental permit is issued, the applicant shall pay the fee set forth in Section 71.73, and the fee so paid shall be subject to the provisions of Section 71.73. The Town Engineer may dispense with any further investigation or hearing if, in his/her opinion, the information furnished him/her by the original investigation is sufficient to enable him/her to determine whether the supplemental permit should be issued and upon what conditions, if any.

(1975 Code, § 4-3.1316)

(B) In the event a supplemental permit shall be refused, the permittee may appeal to the Council for an appeal from the denial of a permit.

(1975 Code, § 4-3.1317) (Ord. 1958-70, effective - -58; Am. Ord. 2003-520, effective 10-23-03)

Nothing in this subchapter, or in any permit granted pursuant to the provisions of this subchapter, shall be deemed to authorize the doing or omission of any act contrary to any term or provision of any law or license of the Town or without any license or permit otherwise required by such term, provision, law, or license.

(1975 Code, § 4-3.1325) (Ord. 1958-70, effective - -58)