[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:
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.
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.
(a)
Use of such mobile storage structures by State, county or municipal
governments or boards of education or the agencies of subdivisions
thereof.
(b)
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.
(c)
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.
(d)
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]
(a)
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.
(b)
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.
(c)
Container identification. Containers must be properly labeled with
name, address and phone number of the company supplying the container.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
