[HISTORY: Adopted by the Town Board of the Town of Royalton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-2011 by L.L. No. 4-2011]
The purpose of this article shall be to promote the health,
safety and general welfare of the Town of Royalton, including the
protection and preservation of the property of the Town and its inhabitants,
by specifying, establishing and imposing certain restrictions, regulations
and responsibilities relating to private cemeteries as hereinafter
described.
No person shall cause the remains of a human being to be buried
or establish a burial ground for such purpose, by disposal or burial
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle within the Town of Royalton not set apart and recognized
as a municipal, religious or not-for-profit corporating cemetery,
without the consent of the Town Board after a public hearing and having
deposited adequate and appropriate funds for perpetual maintenance
of said grounds.
The Town Board shall consider availability of suitable and appropriate
approved sites; the health and safety of the community; the character
of the site under consideration as appropriate for a burial site;
the likelihood of the site becoming a public charge as well as considerations
raised under the New York State Environmental Quality Review Act (SEQRA).
A bond shall be deposited with the Town of Royalton to insure
adequate and appropriate funds are available for the maintenance of
said burial grounds. The amount of the maintenance fund shall be determined
annually by the Town Board. "Adequate and appropriate funds" is a
relative term to be determined by the Town Board of the Town of Royalton
in each instance in order to establish an adequate trust fund for
the perpetual maintenance of said ground, however in no event shall
it be less than $2,500.
Any person who shall be found to violate any provision of this
article shall be served by the Town Code Enforcement Officer with
written notice providing a reasonable time limit for the exhumation
of the buried remains. The offender shall, within the period of time
stated in such notice, permanently cease all violations. Any person
who shall continue any violations beyond said time limit shall be
guilty of an offense and upon conviction thereof shall be fined in
an amount not exceeding $250 for each violation. Each day in which
any violation shall continue shall be deemed a separate offense. The
provisions of this subsection shall be in addition to and shall not
preclude the enforcement of this article by application to the New
York Supreme Court for injunction or by any other lawful remedy. Any
person violating any of the provisions of this article shall become
liable to the Town for any expense, loss or damage, including attorney's
fees, occasioned by it by reason of such violation.
[Adopted 9-12-2016]
Any cemeteries maintained by the Town of Royalton shall hereby
allow up to five cremation burials on one burial plot and one standard
burial and up to four cremation burials on one burial plot.
