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Building Department

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1. When do I need a construction permit?

Unless the work is specifically identified as ordinary maintenance, a permit is necessary. Ordinary maintenance is defined at N.J.A.C. 5:23-2.7. If you have any doubts, please contact the Building Department.

2. Do I need a construction permit to replace my sidewalk or service walk?

The Building Department does not issue permits for sidewalks. Public sidewalks (usually adjacent to a road) require approvals and permits from Engineering. Service walks (the walkway usually from the road or public sidewalk to the front door) only needs to be compliant with coverage requirements in the Zoning Ordinance.

3. Do I need a construction permit to remove a tree?

The Building Department does not issue permits for tree removal, however Public Works does, please see Tree Preservation Plan & Tree Removal Application.

4. Do I need a construction permit to widen my driveway?

The Building Department does not issue permits for driveways. The zoning ordinance does limit their size, please refer to the Land Use Ordinance for specific details.

5. Where can I file for a construction permit or get an application?

The Building Department is located at 959 North Ave West. Forms are available at the counter or can be accessed electronically from the State website at Construction Permit Application. Please be sure to clearly print the information and provide an email address. If your project includes an addition, new structure, pool, deck, shed, patio etc. a zoning review is required. Please complete the Westfield Zoning Review Form and submit with your construction permit application. The entire file will be routed internally for zoning review.

6. How long will it take to get my permit?

Once the Building Department receives a complete application, we are obligated to review or deny the permit within 20 business days -- but in most cases it is much sooner. The review time depends upon the scope and complexity of the proposed work, the number of subcodes (building, electric, fire protection & plumbing) that need to review it, the quality of the submission, along with whatever applications are ahead of yours waiting to be reviewed. If your project requires Zoning, Engineering, Tree Preservation, Historic Preservation, or any other approvals, these must all be approved/obtained before the 20-business day clock starts in the Building Department.

7. How do I check the status of my permit once it is submitted?

You can track your application by creating a free account on the portal.

8. How much does a construction permit cost?

Permit fees vary depending upon the work being done. The fees are set by municipal ordinance and can be viewed via the website at §8-3. In addition to the municipal fee in the ordinance, the Town collects the State Training fees for the State of NJ with most permit applications. This fee is collected and sent to the State on a quarterly basis.

9. How can I pay for the construction permit?

Payments can be made by credit card*, in person with a check made payable to “Town of Westfield” at the Building Department counter, or mailed to:

Town of Westfield Building Department

959 North Avenue West

Westfield, NJ 07090

*If you provided an email address with your application you will receive a credit card payment link via email. There is a service fee collected by the company that administers this option.

10. How do I schedule an inspection?

Inspections can be scheduled via the portal. The portal allows you to propose three dates/times that are convenient for you. By creating a portal account and scheduling inspections online you will receive a confirmation for the inspection date/time. Inspections can also be scheduled by calling the office during business hours and speaking with a Building Department representative. Inspection requests can not be left on the voicemail system.

11. Who is responsible to get the permit, me, or my contractor?

The owner or his/her agent, a licensed engineer, architect, or plumbing, electrical or other contractor employed in connection with the proposed work can apply for a permit. If the application is by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the authorized person making the application, that the proposed work is authorized by the owner in fee, and that the applicant is authorized to make such application. All issued permits shall remain the property of the owner even if the application was made by a contractor or authorized agent.

12. Who should I contact with a concern regarding runoff/drainage?

Runoff/Drainage concerns should be directed to the Engineer’s Office.

13. Who should I contact with a concern regarding property maintenance?

Concerns regarding property maintenance can be reported utilizing the Westfield Connect app.

14. Does Westfield require a Certificate of Occupancy (CO) or Continued Certificate of Occupancy (CCO) when I sell my home or to open my business?

Westfield does not require these items to sell a home or to open/transfer a business. There is a requirement to have a Certificate of Smoke Detector & Carbon Monoxide Alarm Compliance Inspection completed for a home sale, and registration of the business with Fire Prevention.

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Engineering - Stormwater

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1. Where does stormwater go?

Stormwater flows directly into our rivers, lakes, streams and the ocean or into a stormwater system through a storm drain.

Storm drains are frequently located in parking lots and along the curbs of roadways. The grate that prevents larger objects from flowing into the storm sewer system is called a catch basin. Once below ground, the stormwater flows through pipes, which lead to an outfall where the stormwater usually enters a stream, river or lake.

In some areas, the outfall may lead to a stormwater management basin. These basins control the flow and improve the quality of stormwater, depending on how they are designed. They can also recharge groundwater systems.

Combining the Stormwater & Sanitary Sewer Systems

In some urban areas of the state, the stormwater and sanitary sewer systems may be combined. Here both stormwater and sewage from households and businesses travel together in the same pipes and are treated at sewage treatment plants except during heavy rains. During these occasions, both the stormwater and untreated sewage exceed the capacity of the treatment plant, and this overflow is directed into local waterways.

2. Why has stormwater runoff become such a problem?

Urbanization and increasing commercial and residential development have a great impact on local water resources. More impervious surfaces (roads, rooftops, parking lots and other hard surfaces that do not allow stormwater to soak into the ground) increase the rate of stormwater runoff. This means a greater volume of water carrying pollution into surface waters and less water soaking into the ground. 

Contaminants

These contaminants include:

• Cigarette butts and other debris from sidewalks
• Litter
• Motor oil poured into storm sewers
• Pesticides and fertilizers from lawn care
• Pet wastes
• Settled air pollutants
• Yard wastes

Less water soaking into the ground also lowers ground water levels, which can dry up streams and hurt stream ecosystems, and can reduce the supply of well water.

Erosion

Stormwater also erodes stream banks. This in turn degrades habitat for plant and animal life that depend on clear water. Sediment in water clogs the gills of fish and blocks light needed for subsurface plants. 

The sediment can also fill in stream channels, lakes and reservoirs, covering the bottom and negatively affecting flow, plants and aquatic life.

3. How can I reduce runoff?

There are inexpensive ways to control excess runoff created by patios, driveways, sidewalks and roofs. Whatever the soil drainage condition in your neighborhood, landscaping and careful grading of your property’s surface area can be used to control runoff, reduce its speed and increase the time over which it is released. For example, land immediately adjacent to your house needs to have a downhill slope so that water does not seep through the foundation. Once the water has been carried 10 feet from the house, the surface should be graded so that runoff is released gradually.

Suggestions for Decreasing Runoff & Ground Water Infiltration

Surface runoff can be decreased and ground water infiltration increased by following these suggestions:

• Install gravel trenches along driveways or patios to collect stormwater and filter it into the soil.
• Plant sod on bare patches in your lawn as soon as possible to avoid erosion.
• Grade all areas away from your house at a gentle slope.
• Use a grass swale, which is a man-made depression, to move water from one area to another.
• Plant shrubs and trees to promote infiltration (see chapter on lawn and garden care).
• If you are building a new home or in a position to consider regrading your property, you may want to create a basin, which will hold all runoff and allow it to infiltrate the soil over a longer period of time. This should be done only where drainage is good. 
• Alternatively, you may be able to create a gently rolling surface or a system of berms, or mounds, and swales to slow run-off. 

Berms, Swales & Basins

Berms and swales are slight elevations and depressions in the surface that provide channels along which water will flow. If you have a wet area, you may be able to move the basin to a less used area of the yard - around shrubs or trees, for example - by installing a swale to carry the water across the yard. Be advised that most activities performed in regulated wetlands require a permit. 

Contact the Department of Environmental Protection Land Use Regulation for information at 609-292-0060. Plant trees and shrubs that thrive in wet soils in the new wet area.

4. What is an impervious surface?

One method of reducing stormwater runoff is to minimize the amount of impervious surfaces such as concrete sidewalks and asphalt driveways. Impervious surfaces do not allow runoff to seep into the ground. Use pervious surfaces instead. A paving surface that allows water to soak in may seem impossible, but there are many materials that provide the durability of concrete while allowing rainwater to filter down into the ground. 

Alternatives

If you are planning a new patio, walkway or driveway, there are several attractive alternatives to concrete. Some examples of these needs are:

• Wood or recycled material decks, usually installed for their functional good looks, can serve as a form of porous pavement. Redwood, cedar and treated pine are as durable as most nonporous surfaces such as asphalt or concrete. Decking allows rainwater to soak into the ground beneath it, and the space between the planks provides ample room for precipitation to drain directly onto the soil surface. As long as minimal air space is maintained between the soil surface and the decking, wood rot can be minimized.
• If you are installing a new patio or rebuilding a crumbling sidewalk, you do not need to use the typical slab concrete. Using bricks, interlocking pavers or flat stones (flagstone, bluestone or granite), you can construct an attractive, durable walkway. If placed on well-drained soil or on a sand or gravel bed, these modular pavers allow rainwater infiltration. Avoid using chemicals to control weeds growing in the joints between the pavers; Corsican mint or moss can crowd out weeds and add beauty to the paved area.
• Pre-cast concrete lattice pavers also rest on a bed of sand and gravel and allow rain to soak slowly into the ground.
• Dutch drains, which are containers of gravel with holes used to infiltrate water from rooftops directly into the ground, carry water from rain spouts into the soil, where it gradually filters into the ground.

These types of materials can be used wherever natural soil drainage is good and there are no problems with either bedrock near the surface or seasonal high water table. Significant strides have also been made in the last few decades in developing porous asphalt pavement. This material is similar to conventional asphalt in durability, but it contains a much smaller percentage of very fine particles. As a result, the asphalt allows water to soak through into the soil below.

5. How can I landscape my yard in ways to reduce runoff and protect the environment?

Planting Trees

Planting trees is one way to protect land and local streams from the damage caused by excessive runoff and erosion. Trees have long been appreciated for their beauty, but their help in minimizing erosion is not as well known. Landscaping by planting shrubs, trees and ground covers has definite environmental benefits and enhances the appearance and value of property. Realtors suggest that mature trees increase the value of homes as well as the speed of sale.

Plants and trees can create outdoor rooms where you and your family can work and play. Well-planned landscaping can reduce heating and cooling costs for your house by as much as 30%. New shrubs and trees may attract birds and wildlife. Trees, shrubs and ground cover also require less maintenance than grass. Because trees and shrubs require less fertilizer and fewer herbicides than grass, the chances of polluting streams is minimized.

Landscaping for Wildlife

Another possibility is landscaping for wildlife. By selecting appropriate plants, landscaping can both reduce water pollution and serve wildlife. Four basic elements are needed for wildlife: food, water, shelter and space. 

• Food can be supplied through vegetation that provides seeds, nuts or berries. 
• Water, if not available nearby as a stream or lake, can be provided as a small pool or pond. 
• Vegetation, a pond or even a brush pile can serve as shelter, providing protection from predators and the weather. 
• Space needs vary among wildlife but include enough room to reproduce, find food and carry on the different stages of their life cycle. 

The specifics depend on whether you are trying to attract a variety of wildlife or a certain species, such as butterflies or hummingbirds. For more information, contact:
Department of Environmental Protection Division of Fish, Game and Wildlife
CN 400
Trenton, NJ 08625-0400

Environmentally Sensitive Landscape

An environmentally sensitive landscape reduces the erosive force of rainwater runoff and increases the value of your home. By planting trees, shrubs and ground cover, you encourage excess rainwater to filter slowly into the soil instead of flowing directly into storm drains or nearby streams. Choosing trees and plants that are appropriate for your soil and growing conditions will ensure that you will have a beautiful yard.

Further Information

For more information on landscaping, visit Clear Water New Jersey chapter on Lawn and Garden Care.

6. What are some simple changes I can make to protect our waters?

By following these few simple guidelines, you can make your home more attractive and help prevent erosion:

• Never dump motor oil, grass trimmings, leaves, animal waste or other pollutants into the roadway or stormwater catch basins.
• Landscape your yard to minimize rainwater runoff.
• Divert rain from paved surfaces onto grass to permit gradual infiltration.
• Preserve the established trees in your neighborhood, which help minimize the damage caused by surface runoff.
• Choose the appropriate plants, shrubs and trees for the soil in your yard; do not select plants that need lots of watering, which increases surface runoff.
• Consult your local nursery or your county’s Rutgers Cooperative Research and Extension office for advice on which plants, shrubs and trees will grow well in your yard.

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Going for the Green - Adopt a Storm Drain

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1. How often do I need to rake, sweep, clean my storm drain?

There’s no specific requirement for how often you need to sweep up. Most people clear their drain about twice a month, but be sure to check the drain before and after big rain storms to avoid flooding, during leaf collection season, and when snow begins to melt.

2. What special equipment / materials do I need?

A rake, broom, dust pan and bucket/pail should be all you need in terms of equipment. In the event you are interested in adopting a storm drain on a busy street, it is advised that you wear bright clothing or reflectors. Be aware that leaves, if water logged, can be heavy enough to break a rake!

3. What do I do with the debris I’ve collected?

Some sorting is involved. Cans, bottles, appropriate plastic should be cleaned and recycled. Compostable material like leaves and gumballs can be composted. Other debris like animal waste, plastics or other debris should go in the garbage.

4. Is this a safe activity that I can do with my children or a scout troop?

Adopt-a-Drain is meant to be a safe, family activity, however you must be 14 or older to work on clean-up and must be an adult to sign the waiver. Please take a moment to review our tips on how to clear your drain and stay safe while doing it at the New Jersey Adopt-a-Drain website.

5. Who can adopt a drain?

You must be an adult to adopt a drain and sign the liability waiver. However, young people 14 years of age or older may work on clean-up with parental consent.

6. My time commitments have changed, can I unadopt my drain?

While we ask you to commit to clearing your adopted drain for at least one year, we will assume you are continuing to participate in the program until you notify us otherwise. You can discontinue your participation at any time by logging in to your account and unadopting your drain, or by sending us an email. We’ll be happy to help.

7. What is entailed in estimating the amount of debris I collect? Do I need to use a scale?

In order to help us track the positive impact of Adopt-a-Drain on our watersheds, we are asking you to roughly calculate the amount of debris you collect when you clean your drain(s). You will do this online when you log into your account, choose to "Track Impact" and then "Add a Cleaning." You can report the estimate in pounds or gallons; our online calculator will translate gallons into pounds for most types of debris-remember, we just need a rough estimate!

If you find that the record-keeping is getting in the way of the cleaning, don’t sweat it! It’s much more important that you do the clean-up. Please report in the Adopt-a-Drain tool at least quarterly so we can collect some data and know that you’re taking care of your drain.

8. What happens if there are materials by or in my drain that I don’t feel comfortable/able to remove?

Safety first! Never do anything to put yourself at risk. At no time should you clean inside the drain. If you feel your drain needs extra cleaning (i.e. chronic flooding or blockage), please contact the Westfield Department of Public Works Resident Hotline 908-789-4100 - Option 4 to report a street drainage problem, and a Public Works employee will be assigned to address the issue. 

For sanitary sewer back-ups at any time, and emergencies occurring nights or weekends, please call the Police Department at 908-789-4000.

9. How can I promote my efforts to my neighbors and the community?

We’re so glad you asked! There are several ways you can help us promote the program and the importance of storm-water management.

• If you take any great photos when you’re out there cleaning your drain, share them with us on social media (@TownofWestfield on Facebook, Twitter, and Instagram).
• If you would like to let your neighbors know about the Adopt-a-Drain program and invite them to participate, we have designed a door hanger for that purpose. You can download the print-ready design file.

10. Still have a question?

Don’t hesitate to contact us. Please email us!

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Health Department - Animal Control

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1. What services does Animal Control provide in Westfield?

Municipal Animal Control services provide the following services:

• Rescues injured and stray animals
• Rescues injured wildlife
• Reunites lost pets with their owners
• Enforces local and state animal laws including the investigation of dog bites and animal attacks, animal welfare checks and nuisance complaints

2. What should a resident do if they see a fox or coyote?

Just seeing a fox, or even possibly a coyote, is not by itself cause for concern. Over the past few years these animal populations have grown and can be found throughout New Jersey. It is important to remember that both fox and coyote have adapted to live quite well in the suburbs and even alongside humans. It is also important to remember that these animals are normally not aggressive. 

There are things that residents can do to make their property less appealing to these animals.

• Do not feed wild animals
• Ensure all trash is placed in a receptacle with a tight fitting lid
• Do not leave food for pets outdoors
• Ensure all bird feeders are maintained and tidy (you may even consider using a block suet)
• Ensure your yard is clean with trimmed hedges and cut grass
• Install a motion sensor light in your yard

3. If a raccoon is spotted out during the day, should residents be concerned?

No. The idea that raccoons are completely nocturnal is inaccurate. Raccoons often look for food during the day, especially during the fall and spring.

4. When should a resident become concerned?

Any time an animal appears sick, aggressive or injured residents should call the local Police Department who will contact Animal Control. If an animal has not moved from certain location or has been circling an area for a while Animal Control should also be contacted.

5. What should a resident do if they encounter an animal that is aggressive or appears to be rabid?

After an encounter with aggressive or possibly rabid animal residents should immediately notify the Police. If possible, try to keep an eye on the animal so the police know where to find it when they arrive.

6. Is the rabies virus still found in New Jersey?

Yes, unfortunately, there is still rabies in New Jersey. You can protect your pets and your family by ensuring that all dogs and cats, even those that never go outdoors, are licensed with the Town and currently vaccinated against rabies. 

Licensing your pets is not only the law but it is also a way of protecting your pet against rabies. You can license your pet by contacting the Town Clerk’s Office at 908-789-4030.

7. With warmer weather approaching, what happens if a resident finds a bat in his or her house?

Bats can sometimes carry the rabies virus. Anytime a bat is found in a living space Animal Control or the Police should be called. If possible, bat should be collected for rabies testing so do not let it out the window or cause injury to its head. It is also important to remember to cap your chimney appropriately.

8. Are you allowed to feed wild animals in Westfield?

No. Westfield has several local ordinances that prohibit the feeding of wild animals. These local laws include the feeding of stray cats. Additionally, New Jersey law states that anytime a resident feeds a stray cat, they become the legal owner of that cat or cats.

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Health Department - Westfield Regional Health Department Coronavirus Resources

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1. I heard I can get tested for COVID-19 at a commercial laboratory (i.e., LabCorp and Quest)?

Commercial labs are offering COVID-19 testing to individuals who meet certain criteria. These tests must be ordered and specimens collected by health care providers in their offices. Testing is not available at individual lab offices (i.e., local LabCorp or Quest labs). 

Do not go to a commercial lab and ask to be tested for COVID-19. Work with your health care provider to coordinate testing. All costs and fees associated with commercial laboratories is the responsibility of the patient.

Not everyone who has a mild illness needs to be tested, and it may take several days to get test results. Most important thing is to stay home if you are ill. You do not need approval from public health officials to be tested by a commercial laboratory.

2. What is the process of getting COVID-19 testing at a commercial lab?

Contact your health care provider to coordinate testing. You cannot walk into a commercial lab, such as LabCorp or Quest and get tested on-site. You must have your health care provider order the test from the commercial lab and take specimens in his office.

3. If I get tested using a test kit from a commercial lab, how long will it take to get the results?

Since your health care provider is collecting and submitting the specimen, you should check with them.

4. Should contacts of contacts be tested?

No, being the contact of someone who has close contact with a person who has COVID-19 does not warrant testing. For example, you have a coworker whose family member is a confirmed case. You would not need to be tested. Despite coming into contact with the coworker, you did not have close contact with the person who actually has COVID-19. What you can do it monitor yourself for symptoms and practice good hand hygiene. 

If you notice that you have symptoms and feel that you need to be medically evaluated, contact your health care provider and stay home/do not go to public gatherings, work/school.

5. What is a “close contact?”

A close contact is defined as:

1. Being within approximately 6 feet (2 meters) of a COVID-19 case for a prolonged period of time; close contact can occur while caring for, living with, visiting, or sharing a health care waiting area or room with a COVID-19 case
2. Having direct contact with infectious secretions of a COVID-19 case (for example, being coughed on)

6. I was at a conference/mass gathering and I heard that there are people sick from COVID-19. What should I do?

If conference organizers/event planners were notified that an individual who attended the event are ill/symptomatic, they should notify attendees who were close contacts with the ill person (or organizers may notify the local health department who will then notify attendees). A close contact is someone who was in close proximity of the ill individuals (6 feet), for a prolonged period of time. This may include sitting and dining at a shared booth/table or had direct contact with infectious secretions of an ill person (e.g., being coughed on).

If a person who was at a large gathering/event begins to show symptoms, they should self-monitor themselves for symptoms for 14 days and contact their healthcare provider. If you notice that you have symptoms and feel that you need to be medically evaluated, contact your health care provider and stay home/do not go to public gatherings, work/school.

7. I am planning a conference/mass gathering. Should I cancel the event because of COVID-19?

Can this event be postponed? If not, urge anyone who is sick or anyone at high-risk not to attend. Persons at high-risk for severe COVID-19 illness include people over the age of 60, people with underlying health 14 conditions such as heart disease, lung disease or diabetes, people with diabetes and women who are pregnant.

Try to find ways to give people more physical space so they aren’t in close contact as much as possible. Encourage attendees to maintain health habits, such as frequent hand washing. Clean surfaces with standard cleaners.

8. I had a large event and heard that one/at least one of the attendees has COVID-19, what should I do?

If you are notified that an attendee is a confirmed case of COVID-19, you may be asked to provide information (name and contact information) of all who attended the event to the state/local health department so other attendees can be advised of the situation and can monitor themselves for symptoms.

9. How are school closures determined?

The decision to close a school is made at the local level and is made jointly between the school district and the local health department. The call center does not receive information regarding school closures.

Any questions regarding school closures, or concerns about potential exposures within your child’s school should be directed to either the school administration or the local health department.

10. I work at a school in a different state. That state’s health department told all staff that we need to self-monitor. Should I do it even though I live in New Jersey and not the other state?

If you are told to self-monitor by public health staff, you should follow their recommendation. Self-monitoring is a strategy to reduce the spread of the virus.

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Home - FAQs

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1. How do I pay my city water bill?

Answer goes here...

2. How do I get a new trash can lid?

Answer goes here...

3. How do I apply for a job with the City?

Answer goes here...

4. My trash didn't get picked up, what should I do now?

Answer goes here...

5. How do I get a garage sale permit?

Answer goes here...

6. How can I see the agenda for an upcoming City Council or Board meeting?

Answer goes here...

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Master Plan Reexamination

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1. What is a Reexamination Report?

A Reexamination Report is a reassessment of a municipality’s current Master Plan.

2. Why is the Town doing a reexamination?

The New Jersey Municipal Land Use Law (MLUL) requires that each municipality reexamine its Master Plan and development regulations at least every 10 years. Specifically, the MLUL states: The governing body shall, at least every ten years, provide for a general reexamination of its Master Plan and development regulations by the Planning Board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the County Planning Board. A notice that the report and resolution have been prepared shall be sent to the municipal clerk of each adjoining municipality.

3. What is covered by the Reexamination Report?

The Reexamination Report reviews the adopted elements of the current adopted Master Plan, completed in 2002, and amended in subsequent years. The Master Plan addressed the following topics: 

• Goals and Objectives
• Circulation
• Community Facilities
• Downtown Economic Development
• Historic Preservation
• Housing
• Land Use

In addition to the required Reexamination Report, we are undertaking a qualitative assessment of parking in the Downtown area of Westfield, and hosting a number of community engagement events where residents, business owners, and other interested people have the opportunity to participate in the planning process.

4. When will the report be completed?

It is expected the reexamination will be adopted by the Planning Board by the end of 2019.

5. How can I participate?

You can provide valuable insight into the reexamination report by completing the survey questions on the Master Plan Reexamination page and participating in upcoming community workshops. And help spread the word by sharing on social media and telling your friends and family about what we are doing!

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Mental Health Council - Compassion, Acceptance, Kindness & Empathy (CAKE)

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1. What Is Compassion, Acceptance, Kindness & Empathy (CAKE)?

You might think cake is a celebratory treat but our C.A.K.E. is created by our actions in order to help others.

2. What is it? Why are we talking about it and not just eating it?

A slice of C.A.K.E. is a serving of compassion, acceptance, kindness, or empathy which may be served by a friend, family member, or another person whom we do not even know. It can come as an unexpected kind gesture or a sense that another person really understands or cares. It is always possible for us to give or to receive, but there are times it can seem out of reach. How can we make sure everyone feels comfortable serving and receiving a piece of C.A.K.E.?

3. How is it offered or received?

This could be a thoughtful behavior that makes others feel cared for, noticed, and not so alone in their life’s journey. 

For example, a friend who modifies her dog walking schedule so that you could walk together, an isolated family member who trusts you with a sensitive story, a neighbor who asks if you need anything from the grocery store before they head out. A child’s naturally kind gesture - they might drag the recycling buckets back to the house from the street because they feel good about being helpful. Perhaps it is noticing the person who looks different from others, sitting next to them, and saying hello. It might just be smiling at a stranger or standing up for someone who is being bullied. It could be standing against discrimination based on someone’s appearance, mental state, or other quality.

4. What about when Compassion, Acceptance, Kindness, Empathy feels out of reach?

There are times that we would love some C.A.K.E. but are unable to let someone know we need a slice. Perhaps the idea of getting out of bed is a challenge or we don’t want to share our burdens with another person. It may feel difficult to notice or acknowledge the receipt of a slice of C.A.K.E; we just feel too low or alone to know it is sitting there on our table. Sometimes C.A.K.E. truly feels like it isn’t available to us. We can feel trapped in our lives, days when it feels difficult to think beyond our worries and give to others because we are overwhelmed by our mental or physical condition. 

Some people would love to offer CAKE to others but feel unsure how. Sharing CAKE with someone would be nice but how does one go about it? By perusing the Westfield Mental Health Website, you will find ideas, articles, and support for your questions and concerns.

5. Who is entitled to a slice?

Everyone. Westfield Mental Health Council offers resources and support so that everyone can learn how to offer and obtain Compassion, Acceptance, Kindness, and Empathy. Reminders around town will pop up with a CAKE design on a pallet, banner, window clings, or really tiny pieces of cake!  

Please email examples of CAKE actions you have noticed. We also seek suggestions of where CAKE might be missing or needed. This is the beginning of a running conversation about people from Westfield making this town a more stigma-free and CAKE-filled community.

6. Where can I find related articles?

Compassion

When times are difficult, our common human response is not to show a reckless disregard for others but to show compassion. Teaching kids compassion during this pandemic is an opportunity for them to deepen their sense of care. Read Greater Good Magazine.

Acceptance

Accepting people where or who they are, rather than where or who we want them to be, leads to better personal and professional relationships. Read A Conscious Rethink.

Kindness

• Here are some ways to get involved with simple random acts of kindness during the pandemic - Mental Health Foundation UK 
• Acts of kindness are collected in these tales of helping one another during the pandemic - The New York Times
• A simple and effective way to bolster our own emotional health is to help others. Here is a collection of stories about acts of kindness during the pandemic - The New York Times

Empathy

When someone expresses their vulnerability, a necessary response of curiosity leads us to empathy, humility, and compassion. Read the Harvard Business Review.

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Open Public Records Act (OPRA)

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1. Why is there an Open Public Records Act?

The law is intended to:

• Define what records are and are not "government records" and determine whether they should be accessible to the public
• Expand the public’s right of access to government records
• Set up an administrative appeals process if access is denied

2. What is the policy behind Open Public Records Act (OPRA)?

The policy behind the OPRA is that government records, with certain exceptions, should be readily accessible to the public for inspection, examination, and copying. While limitations on the public’s right of access should be decided in the public’s favor, a public agency is required to keep a citizen’s personal information from public access when that access would violate the citizen’s reasonable expectation of privacy.

3. What are government records?

In plain language, a government record is a physical record that has a government purpose and that is held by a public agency. Under Open Public Records Act (OPRA), the "physical record" includes any:

• Data-Processed or Image-Processed Document
• Document
• Drawing
• Information Stored or Maintained Electronically or by Sound Recording
• Map
• Microfilm
• Paper
• Photograph
• Plan
• Written or Printed Book

Public Agencies

Public agencies include all departments and agencies of state government, including:

• All:
  • Agencies
  • Commissions
  • Counties
  • County and Municipal Boards
  • Fire Districts
  • Independent Authorities
  • Municipalities
  • School Districts
• State colleges and universities
• The state’s legislature and its agencies, except that most constituent correspondence and special materials prepared for individual legislators are not covered

OPRA does not cover the state’s judicial branch and municipal courts, which have their own rules. A record held by a public agency has a "government purpose" when it has been "made, maintained, kept on file, or received in the course of official business."

4. What records are accessible to the public?

Generally, all government records are accessible to the public except those that fall under the exceptions to public access set forth in Open Public Records Act (OPRA). Examples of public records that are accessible to the public include:

• Bills
• Budgets
• Contracts, including collective bargaining agreements, individual employment contracts, and public employee salary and overtime information
• Minutes of regular public meetings
• Vouchers

5. Why are some records exempt from disclosure?

Under Open Public Records Act (OPRA), certain records are exceptions to the public accessibility standards because of the legal principle that citizens have a reasonable expectation of privacy regarding records in possession of a public agency; because of public safety concerns; and because of the need to ensure unfettered debate, discussion, and consideration of issues inside public agencies.

6. What are some records that cannot be disclosed?

Some exceptions to disclosure include:

• Administrative or technical information about computers which, if disclosed, would jeopardize their security; Emergency or security information regarding any building or facility which, if disclosed, would compromise the security
• Any record within the attorney-client privilege
• Files maintained by the public defender, in any case, considered confidential
• Information about sexual harassment complaints or grievances, and information between an agency and an insurer
• Information kept confidential under a court order
• The information which, if disclosed, would give an advantage to competitors or bidders
• Inter- or intra-agency "advisory, consultative, or deliberative material"
• Personal information such as social security, drivers license, credit card, and unlisted phone numbers (additional protections are granted to victims of crimes)
• Security or surveillance information which, if disclosed, could risk the general safety of the public
• Trade secrets or proprietary commercial or financial information

For more specific information about exceptions, contact the "records custodian" in the public agency that has the records you want to access or contact the Government Records Council.

Special circumstances

Under Open Public Records Act (OPRA), criminal investigative records, in general, are not available to the public. Further, if the person making the request has been convicted of an indictable offense in New Jersey or elsewhere, he or she may not have access to personal information about his or her victim or the victim’s family. To comply with this provision, some agencies have developed records request forms that require the requester to certify that he or she has not been convicted of an indictable offense. (A government record containing such information may only be released subsequently if it is needed in the defense of the requester.)

7. What entities doesn't Open Public Records Act (OPRA) cover?

Generally, OPRA does not cover private businesses, not-for-profit organizations, or the judicial branch of government.

8. Whom do I contact to obtain records from public agencies?

Under Open Public Records Act (OPRA), citizens who want to obtain public records should contact the "custodian of records" of the public agency that holds the records they want. At the municipal level, that person will be the municipal clerk; at other public agencies, that person will be an official designated by the particular agency or governmental unit.

9. What do I need to do to request records?

• You need to know what records you want and what the government agency has them. The records request should include an accurate description of each specific record sought. The more you know about the record you wish to see, the easier it will be for the custodian to retrieve it.
• When you have that information, file records request with the records custodian. Under Open Public Records Act (OPRA), a records request must be in writing and must be hand-delivered, mailed, faxed, or "otherwise conveyed to the appropriate custodian." The request cannot be made by telephone. Use of the Internet as a way to submit requests may be possible for an agency equipped to process such requests and is an option left open to the agency.
• The requester is allowed to ask for a record to be copied in a particular format. It may not be possible to honor that request, but if it is feasible, an additional charge may be levied for that service if it is a format not normally used by the agency. This is most often applied to making copies or obtaining data from computer databases.

10. Is there a form I have to use?

Yes. Each agency has a records request form to be used to request records under the Open Public Records Act (OPRA). The records request form includes the name, address, and phone number of the requester and space for a brief description of the record sought. A written request provides a paper trail; in the event of a denial, this written record can be very important when making an appeal to the Government Records Council or Superior Court. While anonymous requests may be permitted, the custodian will require a 100% advance payment for any copies that are requested anonymously.

In addition, agencies may release some routinely requested records "informally" by phone, fax, or in person. Such an informal request would not bind the public agency to the time frames provided by OPRA and would not extend certain other rights to the requester, such as the right of appeal to the Government Records Council.

11. Do I have to pay for copies in advance of receiving them?

When a request form is submitted, the custodian will determine if prepayment is required.

12. How soon can I get the records I requested?

Under Open Public Records Act (OPRA), the custodian of government records must comply with the request "as soon as possible," but no later than seven business days after the request is received. If the record is in storage or archived (and thus may take longer to retrieve), the custodian will advise the requester of that fact within seven business days and tell the requester when the record will be available. The request form, signed and dated by the custodian, will serve as evidence of the transaction in case the request is denied and the requester decides to appeal that decision.

13. What happens if my request is denied?

If a request for a record is denied, there are two avenues of redress. The requester may file a suit in Superior Court or apply to the Government Records Council for relief. For appeals to the Government Records Council, the complaint must be in writing, and it should set forth the facts regarding the circumstances of the request, the specific records asked for, and the denial of access by the records custodian. Appeals in the Superior Court require a $200 filing fee and must follow established court rules. If the denial is found to be unreasonable, either the court or the council can reverse the decision.

However, prior to taking formal action, the requester may want to contact the Government Records Council for advice. Depending on the circumstances, the Council’s staff may be able to intervene and resolve the matter without a formal complaint being filed.

14. What are reasons for denials?

Reasons for denial reside for the most part in the exceptions to disclosure defined in Open Public Records Act (OPRA). Others could be a failure to fill out the records request properly or failure to provide proper identification or failure to meet established deadlines to provide access.

15. Can I ask for a record in a specific format?

If the requester is willing to pay for it, the agency must, if possible, provide the record in a medium not usually used by the agency. In these cases, the agency may charge, in addition to the actual cost of duplication, a special charge that is reasonable, based on the cost for any extensive use of information technology and/or for the labor cost of personnel providing the service.

16. Can I get immediate access to certain records?

Under Open Public Records Act (OPRA), a requester must be given immediate access to budgets, bills, vouchers, and contracts (including collective bargaining agreements and individual employment contracts) that are readily available to the custodian at the time of the request. "Immediate access" means that the custodian must make every effort to provide access as soon as it is requested.

17. How is personal information protected?

Because of the policy to protect the privacy of individual information on some public records, it may be necessary for the custodian to redact (i.e., edit) certain information from the record. To ensure that the requester does not see information such as social security, credit card, driver’s license, or unlisted telephone numbers, the record shown to the requester must not include that information. For this reason, the requester may receive copies on which information has been blacked out or whited out or copies that use special computer displays or printouts.

18. Does redaction apply to viewing or inspecting records?

Even if the requester wishes only to view a record, possibly for the purpose of copying down information, the custodian will still redact the record before access is allowed. If a requester wants to look at records without receiving copies and personal information must be redacted, there is no charge for the transaction.

19. What is the cost of paper copies of records?

The fee for copies of printed government records shall not exceed:

• All pages after 20 $0.25 per page
• Pages 1 to 10 $0.75 per page
• Pages 11 to 20 $0.50 per page

If special equipment is needed to make the copies (e.g., for maps), the requester may be charged the actual cost of duplication. Special charges may also be levied for unusual requests or those that require the direct expenditure of funds by the custodian (e.g., for computerized records) to reproduce the records.

20. What is the Government Records Council?

The passage of the Open Public Records Act (OPRA) established the Government Records Council (GRC). Part of the State of New Jersey’s Department of Community Affairs, the GRC is composed of the Commissioners of Community Affairs and Education (or their designees) and three members of the public who are appointed by the Governor with the advice and consent of the Senate. An executive director and professional and clerical staff administer the work of the Council.

21. What can the Government Records Council (GRC) do for me if access to records is denied?

Prior to filing a complaint, you may want to contact the GRC to ask for their assistance or inquire about the denial. You can contact the Council on their toll-free helpline, 866-850-0511, by emailing the GRC, or from their website. If you want to file an official complaint with the Council and make use of the formal mediation process, the first step for you (the requester) is to submit a written complaint, alleging that a custodian of a government record has improperly denied you access to a specified record. The complaint form can be obtained from the toll-free number or the website.

22. What is mediation?

After the Government Records Council (GRC) receives the written complaint, the parties will be offered an opportunity to resolve the dispute through mediation conducted by an impartial mediator. Mediation is an informal, non-adversarial process, which aims to help the parties reach an acceptable, voluntary agreement. If mediation fails to resolve the matter to the mutual satisfaction of the parties, the Council will launch an investigation concerning the issues brought up in the complaint.

23. How will the Government Records Council (GRC) conduct the investigation?

The GRC will first ensure that the complaint is a valid one. If it is, the Council will direct the public agency to produce the relevant documents and the reasoning behind the denial. In both mediation and a formal investigation, the GRC will try to handle the complaint as expeditiously as possible and, to that end, will use teleconferencing, faxing of documents, and email. If in-person meetings are necessary, the Council will send representatives to meet the parties at mutually convenient locations.

Post Hearing

If the Council cannot make a decision based on the written submissions of the parties, both parties will be notified and a formal hearing will be held. Following that hearing, the Council will reach a determination by a majority vote on whether the record should be made available to the requester. If the Council decides in favor of the requester, and it finds that the custodian "willfully and knowingly" denied access unreasonably under the full circumstances, the custodian can be fined $1,000 for a first offense, $2,500 for a second, and $5,000 for a third if it occurs within 10 years of the first. If the requester wins, he or she may be entitled to a reasonable attorney’s fee.

Appeal

The Council’s decision may be appealed to the Appellate Division of the Superior Court.

24. What happens if it is going to Superior Court?

If a requester is denied access to public records, he or she has the option of seeking relief from the Superior Court in the appropriate jurisdiction. Information on this process can be obtained by contacting the Superior Court in the county where the denial took place. If the court determines that access was improperly denied, the court shall order that access be allowed. If the requester wins, he or she may be entitled to a reasonable attorney’s fee.

25. How can I get more information about the law?

To get more information contact the Government Records Council:

• Mail:
  Government Records Council
  P.O. Box 819
  Trenton, NJ 08625
• Phone: 866-850-0511
• Email Government Records Council
• Government Records Council Website

26. What are some definitions from the law?

Government Record

"Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data-processed or image-processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency, or authority of the state or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the state or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.

Public Agency

"Public agency" or "agency" means any of the principal departments in the executive branch of state government, and any division, board, bureau, office, commission, or other instrumentality within or created by such department; the Legislature of the state and any office, board, bureau, or commission within or created by the legislative branch; and "any independent state authority, commission, instrumentality, or agency. The term also means any political subdivision of the state or combination of political subdivisions, and any division, board, bureau, office, commission, or other instrumentality within or created by a political subdivision of the state or combination of political subdivisions, and any independent authority, commission, instrumentality, or agency created by a political subdivision or combination of political subdivisions.

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Planning & Zoning - Affordable Housing

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1. Why does Westfield need to provide an opportunity for low and moderate income housing?

Within New Jersey, all municipalities are required to plan, zone for, and take affirmative steps to provide a realistic opportunity for the development of affordable housing within their borders. This obligation comes from the State Constitution and a series of court decisions, often referred to as the Mount Laurel decisions.

2. What if Westfield decided not to provide an opportunity for low and moderate income housing?

If Westfield does not zone for or provide a realistic opportunity for the construction of low and moderate income housing, it can be subject to lawsuits, called “builders remedy” lawsuits. A builder can come forward, challenge a municipality’s compliance with its obligations to provide low and moderate income housing and then, if the Court agrees with the builder, then the Court gets to decide what type of housing project the builder can build—how large a building, how many units, and how many affordable housing units and where it will be built. The Court has the ability to override any existing zoning. In brief, in such lawsuits, municipalities lose almost all control over the housing development projects.

3. How does the law define affordable housing? What’s the difference between low and moderate income housing?

Very often, affordable housing can be described as “workforce housing,” meaning housing for individuals with earned income that is insufficient to secure quality housing in reasonable proximity to his/her workplace. The law requires that half of all affordable housing units constructed be for moderate income households, or households earning between 50-80% of median household income in the region. The other half of affordable units constructed are split between low income households (defined as those which earn 50% or less of median household income in the region), and very low income households (defined as those which earn 30% or less of median household income in the region).

The table below provides an example of those income thresholds in Westfield in 2022. Earned Income limits for Affordable Housing:

# of members in the Household	Very Low	Low	Moderate
1	$24,190	$40,317	$64,507
2	$27,646	$46,077	$73,723
3	$31,102	$51,836	$82,938
4	$34,558	$57,596	$92,154

Even in luxury rental buildings like 333 Central Avenue, Westfield is meeting portions of its affordable housing obligations. In 333 Central, there are 9 units designated as low and moderate income housing, meaning that 9 units in that building are available at lower rental rates for individuals and families who meet the income requirements set out above. 

4. What is the Fair Share Housing Center and why is there a settlement agreement with it?

The Fair Share Housing Center (FSHC) is a court-recognized affordable housing advocacy group. FSHC has been heavily involved in monitoring NJ municipalities’ efforts to comply with affordable housing obligations. In Spring 2017, the Town of Westfield and FSHC entered into negotiations to determine an affordable housing strategy for Westfield. Westfield, the FSHC, and a court appointed Special Housing Master identified the most appropriate locations for new housing development, while still maintaining Westfield’s character and agreed to a Settlement Agreement that was approved unanimously by the Mayor and Town Council in April 2017. The Superior Court further approved the Settlement Agreement in October 2017, finding it to be fair and reasonable to low and moderate income households. 

In 2021, the Town amended its Settlement Agreement with FSHC, allowing for the development of the vacant Handler Building on North Avenue East as a hydroponic farm, restaurant, retail, and educational space -- all known as Redi Farms -- rather than for multi-family housing as was required under the housing plan. Affordable unit obligations for the Handler Building Site are to be built at the Williams Nursey site (a long-zoned property for affordable housing).

5. Why even settle? Why not litigate?

There is uncertainty surrounding affordable housing obligations within the State and a risk that inaction on the part of Westfield could result in the Court dictating how we will meet our low and moderate income housing requirements. Recent court decisions have not been favorable to municipalities. By entering into a Settlement Agreement, Westfield gains both finality and certainty in terms of meeting its affordable housing obligation; and effectively eliminates any future costs associated with litigation with the FSHC.

6. What does the Settlement Agreement call for?

The Settlement Agreement lays out the steps that Westfield will take to meet its affordable housing obligations. Highlights include adopting a modified Master Plan element, called the Housing Element and Fair Share Plan which lays out the Town’s affordable housing strategy consistent with the Settlement Agreement and Court Order. The Housing Element and Fair Share Plan will include the creation of new “overlay zones,” which prescribe where affordable housing may be built in Westfield.

7. What is an overlay zone?

An overlay zone expands the zoning in designated underlying areas and permits an additional use in those areas. In the case of the affordable housing overlay zone districts, a property owner can continue to use the property as currently zoned, or develop the property with multifamily housing which would include an affordable housing component.

8. Where are the “overlay zones?”

Westfield’s overlay zones are located in close proximity to downtown and mass transit--along the North and South Avenue corridors east of Central Avenue; adjacent to the South Avenue traffic circle; on Central Avenue; and, on Ross Place.

9. The Settlement Agreement says that the Town has a rehabilitation share of 9 units, a prior round obligation of 139 units, and a prospective need obligation of 1090 units. How will we fulfill that?

Under the Mount Laurel decisions, the Fair Housing Act of 1985, and regulations adopted by COAH, every municipality must satisfy its “rehabilitation” of existing housing obligation, its “prior round” obligation to zone to allow affordable housing, and its “Third Round” affordable housing obligation which is also referred to as the “fair share” obligation.

Westfield will satisfy its “rehabilitation” obligation share by participating in the Union County Home Improvement Program, where income-eligible households may apply for funding from the County housing rehabilitation program.

Westfield has already met its prior round obligation of 139 units from prior years.

The settlement agreement approved by the Court provides that Westfield’s “Third Round” prospective need obligation is 1090 affordable housing units. While that is quite large, the agreement recognizes that the Town is virtually fully developed and therefore unable to meet anywhere near this 1090 unit obligation. As a result, the Town is entitled to a Vacant Land Adjustment which reduces the affordable housing obligation provided through zoning from 1090 units to 68 units. This is referred to as the Town’s Realistic Development Potential (RDP).

The Town has already begun construction or completed new projects to meet this 68 unit RDP, such as 333 Central Avenue, The Parker at 339 West Broad Street (former car wash), and 753 Grandview Avenue.

The remaining issue is what happens with the difference between the Town’s “fair share” or “Third Round” number and its RDP. That difference is referred to as “unmet” need. In the Town’s case, its unmet need is 1005 (1090 - 68 -24 unit surplus credit from second round = 1005).

The law provides that the Town must “address” its unmet need and Westfield is doing that by enacting overlay zones to offer the realistic opportunity to produce approximately 100 affordable housing units. This will be done through “inclusionary” zoning in designated areas which requires a developer to allocate between 15% to 20% of housing units as affordable (depending if they are rental or sales units). The remaining 80% to 85% of the units will be market rate units.

Thankfully, through discussion and negotiation of the Settlement Agreement terms, Westfield successfully proved that there was no place in which to build that many affordable housing units. However, the Town did agree to provide an opportunity for new affordable housing development via the establishment of new affordable housing overlay zones. (For comparison, the total number of affordable housing units that could be built in the overlay zones comes to approximately 100 units, which equates to maximum buildout of approximately 690 new units)

Finally, and very importantly, the Town was able to negotiate terms in the Settlement Agreement that do not allow developers to use “unmet need” as a legal basis for requiring the grant of additional re-zonings, variances, or other relief beyond what is specifically now agreed. The Town’s commitment to provide 100 units against the Town’s original unmet need requirement of 1005 has been determined as sufficient by the Court, and this number cannot go up.

10. Are there plans already in place to develop these areas in the overlay zones?

There are some plans already underway to develop properties within the overlay zone districts and one has been completed. The “Pan Am Cleaners” site (near the corner of South Avenue and Westfield Avenue) which once contained vacant, boarded up buildings, has been developed as "501 South." Other projects within overlay zones have obtained site plan approval from the Planning Board, including “Westfield Crossing”along South Avenue at the Garwood border, once occuped by auto repair, storage, and industrial buildings. Properties at 516 North Avenue East and 440 North Avenue East have also obtained approvals to build inclusionary projects.

11. What are these developments going to look like, and will Westfield become urbanized?

All of the developments are subject to local ordinances that regulate building design, building massing including setback and height requirements, and overall site layout. All multi-family or mixed-use development within the overlays is also subject to review by the Planning Board. The standards for building size within the overlay zone districts are identical to or closely match what is permitted by the existing zoning.

12. What impact will these new residential developments have on traffic and schools?

Certainly, development generally will put more cars on adjacent roadways but Planning Board review will help to control inflows and outflows of cars on to roadways to help control traffic issues. In addition, the proximity of these housing units to downtown and public transportation will limit vehicle traffic during rush hour.

The Joint Center for Housing Studies at Harvard University found that when comparing apartments to detached single-family dwellings, apartment dwellers own fewer cars and generate fewer automobile trips per household. The proposed overlay zones within Westfield are located in close proximity to downtown and mass transit, thus allowing for more pedestrian vs. vehicular activity.

Often, there is a concern that new apartments will result in a strain on local schools. However, studies conducted by the Center for Urban Policy Research at Rutgers University, the Joint Center for Housing Studies at Harvard University, and information from other New Jersey municipalities have shown that the number of school-age children in multi-family housing is dramatically lower than that which comes from a detached single-family dwelling and in many cases is nonexistent. During the 2018 Downtown New Jersey Annual Conference, the South Orange Village President stated that they were seeing one school aged child coming from 33 units of multi-family housing.

13. What are the next steps?

Westfield is now in what is called the “compliance phase,” which means that the Town is carrying out the tasks agreed to in 2017 by the Mayor and Council. Westfield has adopted its housing plan and continues with its implementation as mandated by the Settlement Agreement and Court’s Judgment of Compliance and Repose. As long as it continues to do so, Westfield will have immunity from builder’s remedy lawsuits.

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Planning & Zoning - Redevelopment

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1. What is redevelopment?

Redevelopment is a term used to describe the revitalization of an area or areas within a municipality that have been designated as an "area in need of redevelopment." It differs from traditional development in that the municipality plays a direct role in the redevelopment of the area by contracting with the redeveloper on all aspects of the redevelopment project - including:

• What the project will look like
• What it will contain
• How quickly it will be constructed
• What public or other infrastructure improvements will be included
• What financial tax incentives will be provided to effectuate the project

2. What is an “area in need of redevelopment”?

The Town Council can delineate any area within a municipality as an "area in need of redevelopment" if the area qualifies under one or more of the criteria set forth in the Local Redevelopment and Housing Law, NJ.S.A. 40A:12A-5.

Redevelopment

When properties qualify as and then are designated as an area in need of redevelopment by a governing body, a redevelopment plan may be drafted and adopted which would include specific and detailed development standards that are reflective of community desires for the development of the area. Designation of an area in need of redevelopment may also qualify projects within certain financial incentives only available to properties within an area in need of redevelopment.

At the March 10 Town Council meeting, the Council took the first official step required under the Local Redevelopment and Housing Law towards designating areas in need of redevelopment by passing resolutions directing the Planning Board to study all eight municipal parking lots, the property that the Rialto building occupies, and - as a result of the Town’s continued conversations with Hudson’s Bay Company - the Lord & Taylor sites, in order to determine if they meet the statutory criteria as an area in need of redevelopment.

3. What is the process to determine that an area qualifies as an “area in need of redevelopment”?

1. The first step is for the Town Council to adopt a resolution directing the Planning Board to conduct a preliminary investigation of the area to determine if it qualifies under the Local Redevelopment and Housing Law.
2. The Planning Board will then generally engage a planner to conduct the preliminary investigation and produce a report setting forth the planner’s findings and conclusions.
3. A public hearing will be held by the Planning Board to review such findings and reports, during which the public is given an opportunity to ask questions of the planner, present its own evidence and witnesses, and make comments regarding the investigation.
4. The Planning Board will then adopt a resolution either agreeing in whole or in part with the conclusions of the planner and recommending that the area, or any part thereof, be delineated as an area in need of redevelopment, or rejecting such conclusions and not recommending the delineation.
5. The Town Council may then act to accept, reject or modify such recommendations and adopt a resolution delineating the area as an area in need of redevelopment.

4. Doesn’t an “area in need of redevelopment” have a negative connotation?

No. Sometimes, misperceptions of redevelopment stem from the previous use of the word "blight" to describe "areas in need of redevelopment." More recently, however, redevelopment has been used in hundreds of municipalities throughout the state as a tool to drive economic benefits, in communities like:

• Bridgewater
• Cranford
• Morristown
• Park Ridge
• Princeton
• South Orange
• Summit
• West Orange

All of which resulted in transformative projects for their residents and businesses. In addition, as described, the owners of properties located in areas in need of redevelopment benefit as well with property values actually increasing due to their inclusion in a redevelopment area.

5. What are the benefits for property owners located in an area in need of redevelopment?

Owning a property located in an area in need of redevelopment is often very beneficial to a property owner. One of the great benefits of being in such an area is the zoning flexibility afforded to the municipality. If a property owner has a conceptual idea for the redevelopment of its property, and the municipality likes that concept, then the parties can enter into a redevelopment agreement permitting the redevelopment. If the proposal requires changes to the redevelopment plan, the municipality can agree to amend the redevelopment plan to effectuate the redevelopment. A second benefit to the property owner is the ability to apply for a long-term tax exemption.

6. What is a redevelopment plan?

After an area is delineated as an area in need of redevelopment, the Town Council must adopt, by ordinance, a redevelopment plan for the area. The redevelopment plan can either supersede the existing zoning regulations for that area or serve as an "overlay" to such underlying zoning (meaning that both are still applicable). The redevelopment plan will, at a minimum, set forth the approved uses for the area, the bulk standards (i.e. heights, setbacks, etc.), and any other design or zoning characteristics that will be required for redevelopment in that area. In addition, a redevelopment plan provides the Town with significant control over a project, including the power to dictate:

• Amenities
• Architecture
• Building materials
• Green spaces

7. What is the process for adopting a redevelopment plan?

The Town Council may either have the redevelopment plan drafted or may direct the Planning Board to do so. Either way, the Planning Board must hold a public hearing on the redevelopment plan during which the public is able to comment on the proposed plan. After the public hearing, the Town Council can adopt the redevelopment plan by ordinance.

8. What is a long-term tax exemption or payments in lieu of taxes (PILOT)?

A long-term tax exemption is an exemption from paying taxes on the value of the improvements made to property as part of a redevelopment agreement. The term of the exemption can last anywhere from 10 to 30 years. In lieu of paying taxes on the exempted value of the improvements during that term, the redeveloper pays annual service charges, or payments in lieu of taxes (PILOT) at an amount agreed to by the parties based upon a formula set forth in the Long-Term Tax Exemption Law, N.J.S.A. 40A:20A-1, et seq.

9. What are the benefits of a payments in lieu of taxes (PILOT) to a redeveloper?

The redeveloper benefits from a PILOT because the annual service charges paid each year are almost always less than what the redeveloper would pay in traditional taxes. After all, the idea behind the PILOT is to provide an incentive to the redeveloper to complete a redevelopment project that likely cannot be completed without the financial incentive. Further, the redeveloper benefits by having predictable, stable payments over a long-term period. This stability is often necessary for the redeveloper to be able to obtain bank financing for the project.

10. What are the benefits of a payments in lieu of taxes (PILOT) to the municipality?

The municipality benefits from a PILOT because it is able to keep 95% of the revenue from the PILOT. In traditional taxation, Westfield only keeps 16% of the tax revenue, with the larger piece going to the school district (58%), the county (24%), the library, and open space funds. For example, if a property is taxed $10,000, only $1,600 of that is kept by the municipality. If under a PILOT agreement, that property only has to pay $8,000, Westfield would keep $7,600. This arrangement provides the Town with up to 30 years of consistent, recurring revenue.

11. Is the school district harmed by payments in lieu of taxes (PILOTs)?

Financially, the school district already receives 100% of its budget through traditional taxation. In terms of crowding concerns, redevelopment does not simply mean more residential properties; it can also be used for the purposes of developing:

• Civic properties
• Commercial properties
• Cultural centers
• Open spaces

Anticipated Amount of School Children

The anticipated number of school children that come from a new residential unit is dependent on numerous factors, including the:

• Age
• Construction type
• Cost
• Level of amenities
• Number of bedrooms

Studies conducted by the Center for Urban Policy Research at Rutgers University, the Joint Center for Housing Studies at Harvard University, and information from other New Jersey municipalities have shown that the number of school-age children in multi-family housing is dramatically lower than that which comes from a detached single-family dwelling and in many cases is nonexistent. During a recent Downtown New Jersey Annual Conference, the South Orange Village President stated that they were seeing one school-aged child coming from 33 units of multi-family housing.

Analyzing the impact of a project on the schools is an important part of the redevelopment process and one that the Town will prioritize as it proceeds through the planning process.

12. Why would the Town need or want more apartments?

Redevelopment represents more than just residential units. A thoughtful and well-planned redevelopment strategy allows us to control and drive the outcome of future development to bring our Master Plan Reexamination goals to fruition, prioritizing the downtown recommendations as a means to support its revitalization.

Designations

It’s important to note that these potential designations of the eight municipal lots, the Rialto property, and the Lord & Taylor sites do not necessarily mean that the Town will be proposing developments on any or all of these sites. Rather, by designating them all, it allows the Town to take a strategic approach to identify the best opportunities and locations for new parking solutions and revenue-generating residential, retail and commercial development; as well as planning for the possibility of a new firehouse, community center, and public plazas. As with the Master Plan, the Town will be seeking and encouraging public input into any proposed downtown plan.

13. Will more development cause too much traffic and congestion?

Part of an effective redevelopment planning process is to assess a project’s impacts and ensure that efforts are taken to mitigate traffic and congestion concerns. In this case, analyzing the traffic impacts of development will be paramount and considered in conjunction with the upcoming traffic and circulation study stemming from the Master Plan Reexamination. The Joint Center for Housing Studies at Harvard University found that when comparing apartments to detached single-family dwellings, apartment dwellers own fewer cars and generate fewer automobile trips per household.

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Public Works - Westfield Conservation Center

Show All Answers

1. When is a permit necessary to use the Conservation Center?

Any resident who wishes to dispose of the following organic debris from their property may purchase a permit in the form of a decal for their vehicle:

• Branches
• Brush
• Garden Refuse
• Grass Clippings
• Logs
• Shrubs
• Twigs

Note that items cannot exceed two feet in length. The fee for the season is $60 for Westfield residents, and $120 for Scotch Plains residents. 

2. How do I get a permit?

Seasonal permits will be sold online only beginning Monday, March 13. No permits will be sold at the Center. Once you complete your online transaction, please keep a record of your confirmation page (by phone or paper) and bring it with you to your first trip to the Center. 

3. What types of vehicles are permitted to use the Center?

Only non-commercial cars, vans, pick-up trucks, and utility trailers with a maximum capacity of three cubic yards may use the Center.

4. What types of vehicles are not permitted to use the Center?

Pick-up trucks with dump bodies, high sideboards, and insertable dump bodies, as well as any vehicles with commercial plates, are not permitted to use the Center.

5. What organic materials are accepted at the Center?

Acceptable Items

• Brush
• Christmas Trees (with lights and decorations removed)
• Grass Clippings
• Hedge Clippings
• Leaves
• Logs (not to exceed two feet in length)
• Organic Garden Debris
• Shrubbery
• Twigs

Please note that a permit is not necessary to deposit Christmas trees (January through March only) or leaves (fall only) at the Center.

6. What materials are not accepted at the Center?

• Concrete
• Construction Debris
• Fencing
• Non-Organic Materials
• Non-Recyclables
• Sand
• Soil
• Stone
• Tree Stumps
• Tree Trunks Greater Than 6 Inches in Diameter
• Wood

Any materials not listed as acceptable may not be deposited at the Center.

7. Can my landscaper bring the grass clippings from my property to the Center?

No. Commercial landscapers have access to other facilities to dispose of organic debris. (Please take note that during leaf collection season, residents may authorize their lawn care provider to deposit their leaves to the Conservation Center. See "Information for Landscape Contractors".)

8. Do I need to sort the organic debris or recyclable materials I bring to the Center?

Yes. Organic debris must be sorted into three categories -- grass, leaves, and all other debris -- and deposited on the ground in designated areas at the Center. Recyclables must be sorted into categories and placed in designated containers. Recyclables may be brought year-round during normal operating hours to the Center -- no permit is necessary. View a list of acceptable recycling items.

9. What can I do with the bags or containers I use to transport organic debris or recyclables to the Center?

All containers and bags used to transport organic debris or recyclables to the Center cannot be left at the Center and, therefore, must be removed by the Center user.

10. What if I have special circumstances?

Please email the Department of Public Works or visit them at 959 N Avenue W, or call 908-789-4100, weekdays during normal business hours for instructions if you incur any of the following circumstances:

• You are an existing permit holder that needs to replace a lost or stolen decal
• You are an existing permit holder who has changed vehicles
• You are a resident but you do not have a New Jersey license plate on your personal use vehicle
• You own property in Westfield but do not reside in Westfield
• You, the homeowner, need a special permit to allow someone else, excluding landscapers, to deliver organic debris to the Center on your behalf (This special permit is valid for one day only and costs $20)

11. Where can I dispose of household bulky waste?

Residents have several options to choose from. Among them:

• Household bulky waste materials which are generated from Westfield residential premises owned or occupied by a Westfield resident may be brought to the Conservation Center. There is a $40 fee per vehicle. Purchase a single-use permit online (no permits will be sold at the Center) and transport the household bulky waste in your vehicle to the Conservation Center during normal operating hours. Only automobiles, sport utility vehicles, and pick-up trucks less than a half-ton are permitted to enter the center for this purpose. Acceptable bulky waste items include appliances and furniture.
• The fee for Westfield residents is $40 per vehicle. Proof of residency will be required at the Center.
• The program has recently been extended to Scotch Plains residents for $60 per vehicle. Proof of residency will be required at the Center. 
• Residents may contact their private trash collector or a full-service junk removal company.