[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:
- BURIAL GROUNDS
- 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.
- PLANNING BOARD
- Refers to the Planning Board of the Town of Cornwall, Orange County, New York.
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:
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.
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.
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.