[Amended 10-10-1990; 7-7-1993]
The Manufacturing District established in this
chapter is designed to promote and protect public health, safety and
general welfare. These general goals include, among others, the following
purposes:
A.
To provide sufficient space, in appropriate locations,
to meet the needs of the Town of Westfield's expected future economy
for all types of manufacturing and related activities, with due allowance
for the need for a choice of sites.
B.
To minimize impacts on nearby residential and commercial
districts within the Town by prohibiting the use of the Industrial
District for new residential and commercial development, by setting
Manufacturing District standards of performance, and by evaluating
each proposed manufacturing project on a case-by-case basis.
A.
The Manufacturing District permits uses and structures
for the fabrication, processing, converting, altering, assembling,
manufacturing or other handling of raw, reclaimed or recycled materials,
or refinished or finished products.
B.
The Manufacturing District permits as accessory uses and structures those which are customarily incidental to the principal use and structure and such other subordinate uses and structures permitted by the Town Board pursuant to § 132-38.
C.
Adult uses, in accordance with § 185-43M and upon obtaining a special use permit from the Town Board in accordance with the provisions of Article XI. Adult uses shall not be considered manufacturing facilities or enterprises and shall not be subject to the provisions of §§ 185-38 and 185-39 hereof.
[Added 6-7-2006 by L.L. No. 2-2006]
A.
General purpose. It is the intent to maintain a quality
environment that will lead to the development and maintenance of a
well-planned industrial area which will be attractive to sophisticated
industrial establishments and assure both users and employees thereof
of a safe and stable working area.
B.
Noise. It shall be unlawful for any person to permit
the emission of measurable noise, as measured at the edge of the Manufacturing
District, to exceed 70 decibels on the A-scale during the periods
between 6:00 a.m. and 10:00 p.m., or 60 decibels on the A-scale during
the periods between 10:00 p.m. and 6:00 a.m. The sound level may exceed
these established sound levels for a period not exceeding six minutes
during any 60 minutes by not more than seven decibels on the A-scale.
Noises shall be muffled so as not to become unreasonably offensive
due to intermittence, beat frequency, high frequency or other means.
C.
Odor. The emission of any odor shall be controlled
so as to minimize impact on nearby uses.
D.
Dust and dirt. It shall be unlawful for any person
to permit or cause the escape of such quantities of soot, cinders
or fly ash as to exceed 0.3 grains per cubic foot of the flue gases
when measured at the top of the stack. Other kinds of dust, dirt and
other particulate matter shall not be in excess of 3.0 grains per
cubic foot of air, as measured at the top of the stack and corrected
to standard conditions.
E.
Parking and driveways. There shall be no off-site
parking of motor vehicles. Each land user subject to this article
must provide sufficient, suitable, on-site parking space to prevent
any necessity for off-site parking. Drive and traffic access systems
are allowed in all yard areas. However, when any yard sides on land
that allows residential development, the drives or traffic access
facilities must be placed as far from the exterior line as practical.
No parking shall take place in any required yard area.
F.
Vibration. It shall be unlawful for any person to
permit or cause, as a result of normal operations, a vibration which
creates a displacement of plus or minus 0.003 of one inch, as measured
at the edge of the Manufacturing District.
G.
Noxious gases. It shall be unlawful for any person
to permit the escape of such quantities of noxious acids, fumes or
gases in such manner and concentration as to endanger the health or
safety of any person or to cause injury or damage to property, business
or vegetation, or which causes any excessive soiling at any point
beyond the property line.
H.
Glare. Direct or sky-reflected glare, whether from
floodlights or from high-temperature processes, such as combustion
or welding or other such process, shall be controlled so as to minimize
visibility outside the Manufacturing District. No lighting or signs
or buildings shall be allowed unless it is of such low intensity or
brilliance that it does not cause glare beyond the property line or
impair the vision of the driver of any motor vehicle.
I.
Fire and safety hazards. All buildings, operations,
storage, waste disposal, etc., shall be in accordance with applicable
provisions of the latest published edition of the New York State Uniform
Fire Prevention and Building Code. All activities and all storage
of flammable and explosive material at any point shall be provided
with adequate safety devices against the hazards of fire and explosion
and adequate fire-fighting and fire-suppression equipment and devices.
J.
Open storage.
(1)
It shall be unlawful for any person to permit the
open storage of more than incidental quantities of any materials derived
from the given industrial operation without screening, such as a fence,
hedge or other barrier, at least seven feet high, that obscures storage
to persons passing in a normal manner from a public way or from any
property line facing a public right-of-way. The following is the list
of materials requiring screening:
|
New materials
| |
|
Component parts
| |
|
Work in progress
| |
|
Finished products
| |
|
Scrap or waste material
|
(2)
The location of said screening shall be subject to
the front, side and rear yard restrictions; provided, however, that
natural barrier screening, decorative planting, etc., shall not be
subject to these restrictions.
K.
Landscaping. A planted visual barrier may be required
to be maintained in yard areas that abut land upon which residential
structures exist or are permitted at the time of the special use permit
application, except when natural or physical man-made barriers exist.
This planting barrier or visual screen shall have a width of no less
than three feet. It shall be of such plant materials that, within
a reasonable period of time (five years), the vegetation barrier will
provide a high degree of separation and privacy on a year-round basis.
L.
District lighting. All lighting shall be substantially
shielded from traffic on any public right-of-way and from occupied
structures located outside the Manufacturing district, if within a
distance of 1,500 feet.
The following are prohibited uses and structures in this district and in the area allotted for manufacturing in the Commercial-Manufacturing District (Article VIII):
A.
The construction or use of any structure or building for dwelling,
except as hereinafter provided for accessory living quarters, or for
use in connection with a junkyard.
[Amended 6-6-2012 by L.L. No. 1-2012]
B.
The use of land as a junkyard, but not prohibiting
receiving, storing, sorting or other use of reclaimed or recyclable
material as raw material at a manufacturing facility where it is used
in producing a finished product.
C.
[1]Nothing in this Article VII is intended or shall be construed as interfering with or requiring a special use permit to carry on farm or agricultural use of the land within the Manufacturing District. The standards set out in § 185-36 above may not be invoked on behalf of a farm activity newly located in the Manufacturing District after November 10, 1990, in a complaint or an alleged violation against a manufacturing facility or enterprise operating pursuant to a special use permit granted under this Article VII.
[1]
Editor's Note: Former Subsection C, as amended, regarding
uses in the Manufacturing District for nonmanufacturing purposes,
was repealed 6-6-2012 by L.L. No. 1-2012. This local law also provided
for the redesignation of former Subsection D as Subsection C.
A.
The permission to establish a manufacturing facility or enterprise may only be obtained by a special use permit granted pursuant to and in accordance with the provisions of this Article VII and Article XI and restricted to being located in the Manufacturing District and/or the area designed or designated to for manufacturing in the Commercial-Manufacturing District. For purposes of this Article VII and Article VIII, a manufacturing facility or enterprise may include any industrial service or activity that will principally provide services to or for a manufacturing facility, such as but not limited to a truck repair facility, truck terminal, welding shops, metal fabrication plants or shop, as long as the use serves area manufacturers' needs and their presence is wholly compatible with the Manufacturing District and this article.
C.
It is recognized that the needs and requirements of
manufacturing facilities or enterprises vary from one to another,
and it is not feasible to formulate a set of regulations as to minimum
area requirements, front yard, side yard or rear yard lengths, width
or area, the size and height of buildings and accessory structures,
power requirements, water and sewage needs, drainage, impact on the
environment, storage, road requirements, traffic patterns, etc., which
may be rational and meet the basic purposes of this article for all
situations.
D.
Accordingly, an applicant for the establishment of
a manufacturing facility or enterprise is required to submit a detailed
application in duplicate that sets out in detail the following:
(1)
The names of the persons having an interest in the
enterprise and their addresses and, if a corporation, accompanied
by a copy of the certificate of incorporation; in the case of partnership,
a copy of the recorded certificate of partnership, together with the
partnership agreements.
(2)
The exact location and area to serve as the sites
of the facility, together with an engineer's or surveyor's map of
the site, its metes and bounds and evidence whether the site has been
acquired or an option obtained for its acquisition.
(3)
A detailed engineer's report and scale drawings of
all buildings and structures to be acquired, used, renovated or constructed
for the project showing all dimensions, heights, distances, from,
side and rear yards, load bearing capacities, foundations, storage
facilities, parking areas, roads, paths, walkways, and other physical
features of the proposed facility.
(4)
A detailed listing of all machinery and equipment
to be installed or utilized in the proposed manufacturing process,
together with power capacity and requirements, noise, smoke, chemical,
wastewater and other emissions.
(5)
An explanation of the manufacturing facility, its
raw materials, labor requirements, projected power and water consumption
and its anticipated productive capacity.
(6)
A detailed report and explanation setting out how the proposed manufacturing facility shall satisfy or meet each of the goals and purposes of §§ 185-34, 185-35 and 185-36 above. Include in such report the distances of the residences, if any, within 500 feet from any buildings or structures of the proposed project and what emissions, if any, are likely to reach each such residence. If any emission is likely to constitute a nuisance to any such residence, detail what measures are planned to abate or prevent the occurrence of such nuisance. If an emission would not constitute a nuisance, set out the authority and/or professional support for such conclusion.
(7)
A description of the estimated cost of completing
the entire project and indication of how the applicant plans to finance
the costs.
(8)
A description of the municipal services to be requested
of the Town or the Village of Westfield Board of Public Utilities
and the estimated municipal costs of each to provide the same.
(9)
Statements as to how open spaces, landscaping and
fencing, if required, shall be provided to make the plant aesthetically
pleasing and avoid or minimize outdoor storage.
(10)
A proposed time table for development, and,
if a staged development, a general indication how the staging is planned.
(11)
The present ownership of all land included in
the proposed project.
(12)
A statement as to the vehicular traffic impact,
both within the district and to surrounding areas, and the basis upon
which the statement is predicated.
(13)
Details regarding surface runoff and drainage
so that the plant does not deplete or contaminate downstream waters.
(14)
For the special and additional services the
Town is or may be required to secure for processing, reviewing and
acting upon the application, the applicant shall include in its application
its agreement to reimburse the Town for the reasonable and necessary
costs of engineering, technical, legal and/or financial fees and services
the Town shall be required to expend, together with payment of the
costs of publication, notice(s) and fee(s) for issuance of the special
use permit. The applicant's undertaking pursuant to this subsection
shall be in form and substance acceptable to the Town Board.
A.
The decision of the Town Board shall be made by taking into account the applicant's compliance with the several provisions and requirements of this article and the provisions of Article XI dealing with special use permits. If, in its discretion, the Town Board inclines in favor of its issuance of a special use permit, the Town Board reserves its authority to impose conditions which it deems in the Town's best interest and without regard to whether the applicant has included provision for such conditions. Acceptance of the conditions will be a prerequisite for a special use permit being issued and becoming operable.
B.
Where SEQR review or the approval of any governmental
agency other than the Town Board is required in connection with the
authorizing or implementing of the applicant's proposed project, the
SEQR review must have been advanced at least to the point that an
EAF or EIS, as appropriate, is prepared, filed and circulated in accordance
with 6 NYCRR 617, and the application for other governmental approval
has been filed, before the Town Board will hold a public hearing to
satisfy the requirements of this article.
C.
When the application for a special use permit is found to be complete in meeting the requirements of this Article VII, it shall be acted on by the Town Board only after a public hearing. Notice of such public hearing shall be published in the official newspaper of the Town at least five days prior to the date of such public hearing after which the Town Board shall act on said application. The Town Board may waive the holding of a second public hearing if a hearing had been held in connection with the SEQR review, a complete application meeting the requirements of § 185-36 was considered in such prior hearing and the Town Board is satisfied there has been ample opportunity for the views of interested persons to be received and considered. Nothing herein is intended to dispense with the hearings required by SEQR regulations in connection with a draft EIS or a completed EIS.
D.
The Town Board may make its approval contingent upon the applicant meeting specific requirements set forth by the Town Board in its special use permit which the Town Board find are necessary for the health, safety and welfare of the Town's residents or visitors, or in keeping with the requirements of §§ 185-34, 185-35 and 185-36 above.
E.
A special use permit granted under this article shall
be deemed null and void if substantial construction has not begun
within 12 months from the date upon which the special use permit was
approved by the Town Board, unless otherwise extended by resolution
of the Town Board.
