[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:
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.
A.
Names and locations of cemeteries in Town:
|
Cemeteries (Names)
|
Location of Cemeteries (Road/Street)
| ||
|---|---|---|---|
|
1
|
Old School Baptist
|
Rt. 6 Slate Hill
| |
|
2
|
Reed
|
McBride Road (north side)
| |
|
3
|
Denton
|
Route 17M
| |
|
4
|
Pine Hill
|
Rt. 6 (0.2 mile west of 17M)
| |
|
5
|
Cooley
|
Rt. 6 at I-84
| |
|
6
|
Reeve
|
S. Plank Road (south of Union Cemetery) a/k/a
Robertson, Dombal
| |
|
7
|
Fullerton
|
Southeast of Wawayanda and McBride Roads a/k/a
McBride Farm
| |
|
8
|
Sergeant
|
Fence row south of Jared Ct.
| |
|
9
|
Allison
|
Southeast of sharp corner on Bergen Circle
| |
|
10
|
Smith & Hulse
|
Wilcox Road behind "The Pines" a/k/a Wilcox,
Silas Hulse
| |
|
11
|
Mills
|
414 Kirbytown Road (north side)
| |
|
12
|
Ridgebury
|
Ridgebury Hill Road (north side)
| |
|
13
|
Stewartown
|
Northeast corner of Lime Kiln & Ridgebury
Road intersection a/k/a Cash
| |
|
14
|
Hallock
|
Ridgebury Road at Delmar Hill Road
| |
|
15
|
Anound Hill
|
Unknown location
| |
|
16
|
Pellett's Island
|
Near Dick's Sand and Gravel
| |
|
17
|
Queen Anne
|
South of Lime Kiln Road at East end of Venturi
Road
| |
|
18
|
Webb
|
Unknown location (Goshen?)
| |
|
19
|
Gale-Vail
|
East of Golf Links Road at Garten Farm
| |
|
20
|
Union
|
S. Plank Road (south of Rt. 6) a/k/a Holbert
| |
|
21
|
Gardnerville
|
NW of intersection of Gardnerville and Carter
Roads
| |
B.
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.
C.
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.
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 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.
C.
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.
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
Wawayanda's Master Plan or which the Board otherwise deems to be of
historical significance.
E.
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.
