The Town Board of the Town of Vernon believes that the practice of interment
of human remains on private property not set apart and recognized as a municipal,
religious or not-for-profit corporation cemetery may have severe ramifications;
i.e., original owners may have moved or died without providing for long-term
care of graves, leaving them unattended and neglected. They may create clouds
on title to these lands, making transfer of property difficult. Desecrations
may occur. The public may mistakenly expect that the Town will maintain and
preserve private burial grounds. Town Law § 291 clearly exempts
and prevents a Town from maintaining a private cemetery or a family burial
ground. In view of the above, the Town Board of the Town of Vernon intends
to regulate what may otherwise be the indiscriminate burial of human remains.
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 Vernon in any ground not set
apart and recognized as a municipal, religious or not-for-profit corporation
cemetery without having deposited adequate funds for the perpetual maintenance
of said grounds.
Adequate and appropriate funds is a relative term to be determined by
the Town Board of the Town of Vernon in each instance in order to establish
an adequate trust fund for the perpetual maintenance of said ground.
Any private or family cemeteries or burial grounds in existence in the
Town of Vernon at the time this chapter is passed is exempt from the above.
However, the Town of Vernon will not accept responsibility for the maintenance
or care of said burial grounds.