[HISTORY: Adopted by the Town Board of the
Town of Deerpark as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-1-2006 by L.L. No. 2-2006]
The purpose of this article is to regulate the
burial of human remains within the Town of Deerpark.
No person shall cause the remains of a human
being to be buried, or establish a burial ground for such purpose,
in the Town of Deerpark in any ground not set apart and recognized
as a municipal, religious, or not-for-profit corporation cemetery.
Such cemeteries must also secure all necessary approvals from the
Planning Board and all other appropriate regulatory agencies.
A person convicted of a violation of this article
shall be subject to penalties as provided in the general provisions
in the Town Code.
[Adopted 12-18-2006 by L.L. No. 6-2006]
The Town of Deerpark is adopting a Cemetery
Protection Law to protect the cemeteries and burial sites located
within its borders from encroachment of commercial and/or residential
structures, preserve the integrity of such burial sites and protect
the health, safety and welfare of its residents by establishing encroachment
requirements for all commercial and/or residential structures located
near such burial sites such that no structure shall be less than one
hundred (100) feet from any cemetery and/or burial site.
As used in this article, the following terms
shall have the meanings indicated:
Any piece of land where a person is buried, notwithstanding
that the site may not be recognized as a traditional cemetery.
Any and all public, private, religious, historic and/or family
cemeteries where deceased persons are buried.
A.
Identification and locations of cemeteries:
|
Cemetery
|
Location of Cemetery
| |
|
Case - Decker
|
Cuddebackville, New York
| |
|
Chief Cahoonzie
|
Cahoonzie, New York
| |
|
Godeffroy Cemetery
|
Godeffroy, New York
| |
|
Knight Cemetery
|
Cahoonzie, New York
| |
|
Muslim Balkan Cemetery
|
Cuddebackville, New York
| |
|
Unnamed Cemetery
|
Cahoonzie, New York
| |
|
Old Gumaer Cemetery (Pine Knoll)
|
Godeffroy, New York
| |
|
Quarry Hill Cemetery
|
Rio, New York
| |
|
Rural Valley Cemetery
|
Cuddebackville, New York
| |
|
Slave Cemetery
|
Huguenot, New York
| |
|
Slave Cemetery at Pine Knoll
|
Godeffroy, New York
| |
|
Sparrowbush Pine Hill Cemetery
|
Sparrowbush, New York
| |
|
Van Etten Cemetery
|
Huguenot, New York
| |
|
Skinner Cemetery
|
Port Orange, New York
|
B.
More exact locations of each cemetery identified herein
can be found on a map prepared by the Orange County New York Tax Map
Department and the Deerpark Town Historian and filed in the Town Clerk's
Office of the Town of Deerpark.
C.
Notwithstanding the identification of cemeteries and/or
burial sites herein above, this list shall not be deemed exhaustive
such that any cemeteries and/or burial sites not identified on said
list are subject to the provisions herein.
A.
No commercial and/or residential structure shall be
erected within 100 feet of a cemetery or burial site as identified
herein.
B.
The Planning Board, in its sole discretion, as part
of any subdivision site plan or conditional use permit application,
may require a residential or commercial developer to erect fencing,
install plantings or otherwise erect a visual and/or physical barrier
between developable areas of land which are adjacent or contiguous
to a cemetery and/or burial site.
C.
The Building Inspector shall not issue a building
permit for any structure that is located within 200 feet from any
cemetery and/or burial site without first referring the matter to
the Planning Board for review consistent with the above noted provisions.
D.
The Planning Board, in its sole discretion, may apply
the provisions of this section to protect other cemeteries and/or
burial plots, which are included and/or referred to in the Town of
Deerpark's Master Plan or which the Board otherwise deems to be of
historical significance.
Any violation of the provisions herein shall
be prosecuted to the fullest extent of the law by the Town of Deerpark
pursuant to the laws of the State of New York, including but not limited
to §§ 145.22 and/or 145.23 of the New York State Penal
Law and/or §§ 4216, 4217 and/or 4218 of the New York
State Public Health Law and shall be subject to the fines and penalties
associated therewith and/or consistent with any other applicable provisions
of law.
