[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.
[11-25-2025 by G.O. No. 2025-22[1]]
(a) 
The owner, general contractor, and project manager, if any, shall be jointly and severally responsible for maintaining each demolition or construction site under their control in a manner that minimizes any negative impact, inconvenience or nuisance to neighboring properties and detects, contains and prevents the release of plastic dust, fragments or contaminants. For purposes of this section, "construction site" shall include both (1) 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, and (2) the adjacent right-of-way.
(b) 
All reasonable measures including, but not limited to, use of vacuum attachments, dust-capture hoods, containment sheeting or tarps, wet suppression and closed or partially enclosed work zones shall be taken to eliminate or control, to the greatest extent practicable, airborne particles originating from the cutting, sanding, grinding, removal or transport of materials containing plastics, microplastics, vinyl, composite synthetic materials, fiberglass, or similar materials.
(c) 
All tools or equipment used for cutting, sanding or grinding such materials shall, when commercially available, be equipped with dust-capture attachments or equivalent containment devices.
(d) 
Contractors are strictly prohibited from blowing, sweeping or otherwise directing debris, dust, plastic fragments or similar contaminants into any street, sidewalk, gutter, storm drain, adjoining property or watercourse.
(e) 
When a demolition, removal or construction site drains to a public stormwater inlet, the responsible party shall install and maintain, for the duration of the work, a filter, barrier or geotextile mat of suitable design and capacity at the inlet or other discharge point to intercept plastic contaminants and related debris.
(f) 
All dust, shavings, fragments, debris, and residual materials produced during the demolition or removal of such synthetic or plastic-composite materials shall be deposited into a covered dumpster or enclosed container each day. At the end of each workday, the container must be securely covered and maintained so that no dust, fragments, or debris may escape. Open-bed trucks transporting such materials shall be fully tarped or covered and secure.
(g) 
All plastic dust, fragments or debris generated on site shall be:
(1) 
Collected and separated from other waste where feasible; and
(2) 
Transported in a manner that prevents discharge or blowing of particles onto streets or storm drains; and
(3) 
Disposed of only at permitted solid-waste facilities or as otherwise permitted under state or county regulations.
(h) 
The Construction Official or Zoning Official shall inspect compliance with this section as part of the demolition permit process, may order stop-work if required dust-control measures are not implemented, and may require immediate cleanup of any off-site release of plastic dust or debris.
(i) 
Failure to remove plastic dust, fragments or related materials as required herein shall constitute a violation of this article.
[1]
Editor's Note: This ordinance also renumbered former § 8-42, Modular and premanufactured homes and components, as § 8-43 and former § 8-43, Penalties, as § 8-44.
[Added 10-29-2019 by G.O. No. 2148;[1] amended 6-30-2020 by G.O. No. 2173]
(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.
[1]
Editor's Note: This ordinance also renumbered former § 8-42, Penalties, as § 8-43.
[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.