[HISTORY: Adopted by the Town Board of the Town of Cornwall 11-8-2004
by L.L. No. 4-2004. Amendments noted where applicable.]
The purpose of this chapter is to protect cemeteries and burial grounds located within the Town of Cornwall, outside of the limits of the incorporated Village of Cornwall-on-Hudson, from encroachment by buildings and other structures, to preserve the integrity of such burial sites and to protect the health, safety and welfare by establishing requirements for the separation of all new buildings, other structures and water wells from cemeteries and burial sites by the creation of a new chapter in the Town Code, Chapter 74.
As used in this chapter, the following terms shall have the meanings
indicated:
Refers to any parcel of land where a person or persons are buried,
notwithstanding the fact that the site may not be recognized as a traditional
cemetery.
Includes any and all public, private, religious, historic and family
cemeteries where deceased persons are buried.
Refers to the Planning Board of the Town of Cornwall, Orange County,
New York.
A.
The existing identified cemeteries located within the
unincorporated area of the Town are set forth below; the section, block and
lot numbers are based upon the 2004 Tax Maps:
Section, Block, Lot
|
Location
| |
---|---|---|
17-1-2.1
|
St. Thomas, Mailler Avenue
| |
22-1-17
|
Sands Ring, off Main Street
| |
22-8-4
|
Canterbury Presbyterian, Clinton Street
| |
23-1-2
|
Friends, Quaker Avenue
| |
32-1-13
|
Storm King (Also Woods-Edwards) Old West Point Road, Off RWPIP land
| |
4-3-36
|
Baptist, Orrs Mills Road
| |
1-1-17
|
Bethlehem, Jackson Avenue, Route 94
| |
34-1-3, 34-1-2
|
Pleasant Hill, Cemetery Road off Pleasant Hill
| |
34-1-1.9
|
Muslim, Cemetery Road off Pleasant Hill Road
| |
33-1-36.2
|
Ketcham Family on Robert and Sandra Gayton Property, Taylor Road
| |
34-1-92.22
|
Ketcham Family, Elaine Tilford Schneer, Angola Road
| |
34-2-29.12
|
Mailler Family, off Mineral Springs Road
| |
30-2-2.3
|
Cromwell Family off Jones Farm
| |
22-5-1
|
St. Johns Episcopal, Clinton Street Collumbarium
|
A.
No residential or nonresidential structure or water well
shall be erected, constructed or located within 50 feet of a burial ground
or cemetery unless such structure or well is proposed to be constructed or
installed as part of the development of a cemetery or burial ground and the
said structure or well is approved by the Planning Board, either by special
permit or on an approved site plan, as the case may be.
B.
The Planning Board, in its sole discretion in conjunction
with any subdivision, site plan or special permit approval, may require the
applicant to erect fencing or install plantings as a physical or visual barrier
or any or all of the foregoing between a cemetery and the developable areas
of the property which is the subject of the application and which areas are
adjacent or contiguous to the cemetery or the burial ground.
C.
No building permit shall be issued for any structure
or building or water well permit for any location within 100 feet of any cemetery
or burial ground until the Planning Board has determined whether or not to
require fencing or plantings or visual barriers in accordance with the preceding
section.