[HISTORY: Adopted by the Town Board of the Town of Wawayanda 2-6-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
The Town of Wawayanda 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 structures shall be less than 100 feet from any cemetery and/or burial site.
As used in this chapter, the following terms shall have the meanings indicated:
- BURIAL SITE
- Refers to and shall include any piece of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery.
- Includes any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried.
Names and locations of cemeteries in Town:
More exact locations of each cemetery identified herein can be found on a map prepared by the Orange County Water Authority and filed in the Town Clerk's office of the Town of Wawayanda.
Notwithstanding the identification of cemeteries and/or burial sites hereinabove, 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.
No commercial and/or residential structure shall be erected within 100 feet of a cemetery or burial site as identified herein.
The Planning Board, in its sole discretion, as part of any subdivision, site plan or conditional use permit applications, shall require a residential or commercial developer to erect and maintain 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. Such barrier shall preclude noncompatible uses within 20 feet of the cemetery.
The Building Inspector shall not issue a building permit for any structure that is located within 200 feet of any cemetery and/or burial site without first referring the matter to the Planning Board for review consistent with the above noted provisions. The developer must protect the cemetery before he receives a building permit.
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 Wawayanda's Master Plan or which the Board otherwise deems to be of historical significance.
Every owner, occupant, builder or developer of property shall report to the Building Inspector the presence or discovery of burial markers or human remains upon discovery or as soon thereafter as possible. The Building Inspector shall have the authority to make temporary arrangements to protect such markers or remains pending a referral to the Planning Board, which shall determine the applicability of this chapter.
Any violation of the provisions herein shall be prosecuted to the fullest extent of the law by the Town of Wawayanda 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 provision of law.