Town of Cornwall, NY Chapter 74 Cemeteries and Burial Grounds

[HISTORY: Adopted by the Town Board of the Town of Cornwall 11-8-2004 by L.L. No. 4-2004. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 125.

Zoning — See Ch. 158.

§ 74-1 Purpose.

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.

§ 74-2 Definitions.

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.

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.

§ 74-3 Identification and location.

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

B. Burial grounds without section, block and lot locations:

(1) Cromwell located on the Jones Farm as defined by large stone wall.

(2) Ketcham, Taylor Road, approximately 57 feet by 57 feet defined by old fences.

§ 74-4 Encroachment limitations.

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.