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HomeMy WebLinkAboutOrd 05-88 Oversize Trucks ORDINANCE NO. 5 -88 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING PROCEDURES FOR OVERSIZED TRUCK OPERATIONS The City Council of the City of Dublin does ordain as follows: Section 1. PURPOSE. The purpose of this ordinance 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, safetT, and welfare of the public. Section 2. APPLICATION. Any interested person requiring terminal access from the 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 Director of Public Works and appropriate fees to the City of Dublin. Upon receipt of the application, the Director of Public Works 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, he 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 off a federall)' designated highway system will be approved without the approval of Caltrans. Should the requested route pass through the City of Dublin to a terminal located in another jurisdiction, the applicant shall comply with that 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. Section 3. FEES AND GOSTS. 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. 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 Director of Public Works to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the City on route to the terminal. Upon 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. Section 4. RETROFITTING. If all feasible routes to a requested terminal are found unsatisfactory by the Director of Public Works, the applicant may request retrofitting the deficiencies. Ail 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 City or by applicant's contractor under permit from the City. When the work is to be done by the City, the applicant shall deposit with the City of Dublin the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference betwesn the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When tile work is done by the applicant, the applicant may file with the Director of Public Works a statement detailing the actual costs of the retrofitting. If at any time within 5 years of the date of completion of the retrofitting by the applicant, should any additional applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include that applicants proportionate share of the retrofitting, as determined by the Director of Public Works, which fee shall be disbursed by the City of Dublin 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 cost report with the Director of Public Works required above. Section 5. REVOCATION OF ROUTE. The Director of Public Works 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. Section 6. APPEAL PROCESS. If the Director of Public Works denies terminal designation, route feasibility, or revokes a previously approved terminal or route, the applicant/terminal owner, within 10 days following the date of receipt of the decision of the Director of Public Works may appeal said decision to the City Council in writing. An appeal shall be made in a form prescribed by the Director 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 Director of Public Works or wherein its decision is not supported by the evidence ~.a the record. Within 10 days of the filing of an appeal, the Director of Puklic Works 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 Director of Public Works, the findings of the Director of Publid Works, and his decision on the application. The City Clerk shall make copies of the data provided by the Director of Public Works 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 City Council. If Caltrans and not the Director of Public Works denies or revokes terminal access from federally designated highways, no appeal may be made to the City Council, but must be made to Caltrans as may be permitted by Caltrans. Section 7. EFFEGTIVE DATE AND POSTING OF ORDINANGE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 22nd day of February, 1988. AYES' NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery .None ABSENT' None City Clerk'