[G.O. No. 1494, § I]
The purpose of this chapter is to restrict business or commercial uses to permanent structures which fully comply with all building, electrical fire and other codes and regulations in effect within the Town of Westfield in order to allow uniform application of these codes and to upgrade the safety in the Town of Westfield. It is further the purpose and intent of this chapter to improve the appearance of the Town and, therefore, to protect and perpetuate the health, safety and welfare of its citizens.
[G.O. No. 1494, § I]
For the purpose of this chapter, the following terms shall have the meaning indicated:
- MOBILE STORAGE STRUCTURES
- Any assembly of materials which is so designed, constructed, or reconstructed to make it portable and capable of movement from one site to another, designed to be used without a permanent foundation and with the purpose of storing tangible property and not for occupancy by persons and having one dimension exceeding 10 feet.
- PORTABLE ON-DEMAND STORAGE STRUCTURE
- Any container, storage unit, shed-like container or other
portable structure that can or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements.[Added 10-12-2010 by G.O. No. 1964]
[G.O. No. 1494, § I; amended 10-12-2010 by G.O. No. 1964]
Except for the GB-2 and C-Zones as shown on the Zoning Map of the Town, and except as provided herein, and in the Land Use Ordinance, Article 13, mobile storage structures and portable on-demand storage structures are hereby prohibited in the Town of Westfield.
[G.O. No. 1494, § I]
Notwithstanding the provisions of Section 10-3 to the contrary this prohibition shall not apply in the following circumstances.
Use of such mobile storage structures by State, county or municipal governments or boards of education or the agencies of subdivisions thereof.
The loading, unloading or parking of any mobile storage structure commonly known as a truck trailer which is properly registered under the laws of any State as a motor vehicle provided the parking, loading or unloading of said motor vehicle complies with all other provisions of the State law, the Town Code and the Land Use Ordinance of the Town of Westfield.
The loading or unloading of said mobile storage structures on industrial, commercial or residential sites so long as said activity does not exceed a forty-eight-hour period of time.
The use of mobile storage structures at construction sites for storage of materials, provided a permit is obtained from the Town Council which shall be limited to six months. A permit must be obtained for each such mobile storage structure and there will be a charge of $50 for each permit. The permit may be extended for additional six month periods at the discretion of the Town Council upon payment of an additional fee. Such mobile storage structure shall not be located in the public right of way, but must be located on private property.
[G.O. No. 1494, § I]
This section shall not apply to mobile structures designed for human occupancy which are regulated under other provisions of this code or under the Land Use Ordinance of the Town of Westfield.
[Added 5-7-2013 by G.O. No. 2005]
Consent required. No person or company shall park or leave unattended any container, commonly known as a "roll-off dumpster" or "roll-off container," on or along any public roadway, without the written consent of the appropriate municipal, county, or state authority having jurisdiction over the roadway. Consent shall be valid and remain in effect for a period of not more than 15 days, but may be renewed by the appropriate official upon application therefor and payment of the appropriate fee.
Markers and warning devices. To warn the operators of vehicles of the presence of any roll-off dumpster or roll-off container parked on or along any roadway, dumpsters or containers shall be equipped with and display markers consisting of all red or all yellow reflective diamond-shaped panels having a minimum size of 18 inches by 19 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three feet and a maximum mounting height of five feet from the bottom of the panels to the surface of the roadway. In addition, traffic cones will be placed around the container.
Container identification. Containers must be properly labeled with name, address and phone number of the company supplying the container.
Time frame for application; inspection. Persons requiring permits must apply at least five working days before placement of container, to allow inspection of site on the roadway by the Public Works Department and Police Department.
Maintenance escrow. Any person given permission to place a dumpster on the roadway shall pay a maintenance escrow of $1,000. The Town Engineer, after consultation with the Police Department and the Public Works Department, will determine if the placement of said dumpster has caused any damage to the roadway. The cost of any repair will be deducted from the maintenance escrow, and if the costs of any repair exceeds said escrow amount, the permit holder will be responsible for the excess. An inspection fee of $25 will be charged. The maintenance escrow, less any costs of repair and inspection fee, shall be returned to the applicant.
Insurance and indemnity. The supplier of the container or person applying for this permit shall enter into an agreement to hold harmless the Town and indemnify the Town for any liability regarding such placement of the container, and shall provide evidence of insurance covering this potential liability.
Violations and penalties. A person who is convicted of a violation of this section shall pay a fine of not less than $200 nor more than $1,000 for each violation. Repeat offenders shall pay a fine of not less than $500 nor more than $1,000. In default of the payment of a fine, imprisonment in the county jail for a period of 90 days or community service may be imposed.