[G.O. No. 1877, § I]
The following terms shall be defined in this article as follows:
(a)
CONTRACTOR — The person or entity identified on the building
permit issued by the Town of Westfield Construction Official as the
contractor.
(b)
CONSTRUCTION SITE — The real property identified in a building
permit issued by the Town of Westfield Construction Official or the
real property identified in a demolition permit issued by the Town
Council or, in the event no such permits have been issued, the property
identified on the tax map of the Town of Westfield where demolition,
excavation or construction is occurring.
(c)
COMMENCEMENT OF WORK — Any activity by the contractor, owner,
or agent of either, that begins the process of construction, demolition
or excavation, which includes but is not limited to, the use and storage
of machinery and supplies.
(d)
EXCAVATION — The digging and/or removal of soil or other material
forming the surface grade of a construction site so as to leave a
hole and/or cavity in the surface grade.
(e)
OWNER — The person or entity vested with legal title to the
construction site as recorded with the Town of Westfield Tax Assessor.
[G.O. No. 1877, § I; amended 9-4-2018 by G.O. No.
2112; 2-26-2019 by G.O. No. 2127]
It shall be the responsibility of the contractor working at any construction site or the owner of a construction site to secure the construction site with a six-foot chain link fence, with posts anchored in the ground, around the entire perimeter of the construction site, or in another manner as the Construction Official in the reasonable exercise of his discretion may determine is necessary so as to protect the health and safety of the public. A fabric mesh shall be affixed to the construction site fence which shall: 1) allow for the passage of air but shall contain dust and dirt; 2) shall be the full height of the fence and cover the entire length of the fence including any gated openings; 3) shall not contain any advertisements or graffiti, except as may be permitted by Article 16 of the Land Use Ordinance, titled "Exterior Signs." No fencing and/or fabric mesh shall be erected, located or remain adjacent to any roadway within the Town of Westfield or adjacent to the intersection of any two roadways so as to create a traffic hazard by obstructing the view of persons using such roadways or intersections. The perimeter fence shall be installed prior to the commencement of work and remain on the construction site until a certificate of occupancy is issued or until the Construction Official determines the construction site no longer requires fencing. In addition, the Construction Official shall have the authority to require that fencing of the type described herein be installed by the contractor or owner of such lesser portion of a given construction site than the entire perimeter, as he shall determine based upon the extent of the demolition, excavation and/or construction.
(a)
Modular
home/Premanufactured home defined. A "modular home" or, interchangeably,
"premanufactured home," is any building, or any building component
thereof, of closed construction, including but not limited to modular
housing that is factory-built for single-family and multifamily (including
closed-wall, panelized housing), and other modular, nonresidential
buildings.
(b)
Storage
of modular homes prohibited. Storage of delivered modular homes and
premanufactured homes is prohibited at any place within the Town,
except that storage of modular homes and premanufactured homes may
be permitted on any Town property with the consent of and as so designated
by the Town Engineer, for a fee of $500 per day, and for such length
of time as determined by the Town Engineer; and except that, in appropriate
circumstances as determined by the Town Engineer, storage of modular
homes and premanufactured homes may occur on private property other
than the site at which the modular or premanufactured home is to be
constructed, for a maximum period of five days. If the Town Engineer
determines that extraordinary weather conditions make it impossible
to remove any modular or premanufactured home or any component thereof,
stored on private property, the Town Engineer may permit the continued
storage beyond five days, but only until such extraordinary weather
conditions have ended.
(c)
Delivery
of modular homes. Modular homes and premanufactured homes shall be
delivered to the site where they are to be constructed or set no earlier
than 7:00 a.m. nor later than 10:00 a.m., and shall be constructed,
installed or set on the day of delivery prior to 6:00 p.m.
(d)
Predelivery
notice required: Building Department. No later than five business
days prior to the anticipated date of delivery of a modular home or
a premanufactured home, or any component thereof, the owner, contractor,
manufacturer or supplier of such modular home or premanufactured home,
or any component thereof, shall deliver to the Building Department
of the Town, on a form provided by that Department, the following
information concerning the modular home or premanufactured home to
be delivered:
(1)
The
date of anticipated delivery.
(2)
The
anticipated time of delivery within an accuracy range of one hour,
that is to say if a delivery time of 7:00 a.m. is set forth, the modular
home or the premanufactured home must be delivered between the hours
of 7:00 a.m. and 8:00 a.m.
(3)
The
date of start of construction, erection, installation or setting.
(e)
Predelivery notice required; adjoining neighbors. The owner of the property, or its authorized representative, to which a modular or premanufactured home, or any component thereof, is to be delivered, shall, within five days of the anticipated delivery date, provide to each owner of lots adjoining the subject property a copy of the form provided to the Building Department as required under Subsection (d) above. Notice to adjoining property owners shall be given by 1) serving a copy thereof on the adjoining property owner as reflected in the current records of the Tax Assessor of the Town, or 2) mailing a copy thereof by certified mail to the adjoining property owner at his address as reflected in the current records of the Tax Assessor of the Town.
(f)
Required
bond. Every predelivery notice submitted to the Building Department
shall be accompanied by a bond in the form of a cashier's check or
certified check made payable to the Town of Westfield in the amount
of $5,000 to ensure the remediation and repair of any damage done
to any Town property, public street or right-of-way in the course
of the delivery, installation, erection or construction of any modular
home or premanufactured home. The cashier's check or certified check
shall be given to the Building Department of the Town, which shall
immediately tender it to the Chief Financial Officer of the Town for
deposit in the appropriate account of the Town of Westfield as the
Chief Financial Officer shall determine. Such account shall be available
to be utilized to return the bond fees upon application by the owner,
contractor, manufacturer or supplier, as the case may be, 30 days
following the issuance of the appropriate certificate of occupancy.
(g)
Insurance;
hold harmless. In circumstances in which the Town permits the storage
of modular or premanufactured homes, or components thereof, on Town
property, the owner, contractor or applicant storing such property
shall first provide to the Town a written agreement indemnifying and
holding harmless the Town from all loss, damage, claim or expense
resulting from such storage, including any and all expenses incurred
in the defense of any litigation arising out of injury to any person
or property resulting from such storage. Additionally, the owner,
contractor or applicant shall provide to the Town Engineer a copy
of an insurance policy or certificate of insurance, issued by a company
duly authorized to transact business under the laws of this state
and naming the Town of Westfield as an additional insured, providing
for the payment of not less than $1,000,000 to satisfy all claims
for damage by reason of bodily injuries to, or the death of, any person
as a direct or indirect result of the placement or storage of any
modular or premanufactured home, or any component thereof, and further
providing for the payment of not less than $300,000 to satisfy all
claims for property damage occurring as a direct or indirect result
of the placement or storage of any modular or premanufactured home,
or any component thereof, on Town property.
[G.O. No. 1877, § I; amended 10-29-2019 by G.O. No. 2148]
Any violation of the provisions of this article shall result
in a fine of up to $2,000 per day. The owner of any construction site
and any contractor operating, engaged to operate or otherwise working
at a construction site shall be jointly and severally liable for any
violation of the provisions of this article.
