This chapter shall be known and may be cited as Burials and Burial Grounds."
[HISTORY: Adopted by the Town Board of the Town of Farmington 8-26-2025 by L.L. No. 9-2025. Amendments noted where applicable.]
This chapter is adopted pursuant to § 291 of the New York State Town Law, that exempts and prevents a Town from using public funds for maintaining a private cemetery or a family burial ground, and § 120 of the New York State Municipal Home Rule Law, that empowers the Town of Farmington Town Board to adopt local laws relating to the government, protection, order, conduct, safety, health and well-being of persons or property within the Town, to include the power to adopt a local law establishing regulation of internment of human remains on private property not set apart and recognized as a municipal, religious or not-for-profit corporation Traditional Cemetery as further defined herein.
The practice of internment of human remains on private property not set apart and recognized as a municipal, religious or not-for-profit corporation Traditional Cemetery may have severe ramifications, including but not limited to, 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 Farmington intends to regulate what may otherwise be the indiscriminate burial of human remains.
The following rules and regulations shall apply to any land in the Town of Farmington at the time this adopted local law is filed with the New York State Office of the Secretary of State Division of Corporations, State Records and Uniform Commercial Code.
For purpose of this chapter, the following words and phrases shall have the definitions and meanings set forth below. If any words or phrases are defined elsewhere in the Farmington Town Code, the definitions set forth in this chapter shall prevail.
The internment or entombment of any human remains.
Any piece or parcel of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery and is herein defined as a private cemetery.
The earthly remains of any person, human being, or Homo sapiens, including any cremated remains of such person or persons.
See definition above of "Burial Ground."
Any and all public, religious, historic and/or family cemeteries where persons are buried in New York State, are regulated by the New York State Cemetery Board and the Division of Cemeteries within the Department of State.
Any and all public, religious, historic and/or family cemeteries where persons are buried.
A.
The following cemeteries in the Town of Farmington are classified as public cemeteries, open to receive internments six days per week unless there is severe weather conditions and is overseen by a cemetery association and is further regulated by the New York State Cemetery Board and the Division of Cemeteries within the Department of State: North Farmington Cemetery and South Farmington Cemetery.
B.
The following cemeteries in the Town of Farmington are classified as non-public cemeteries not open to receive internments and not regulated by a cemetery association, the New York State Cemetery Board or the Division of Cemeteries with the Department of State and are only maintained by the Town of Farmington Parks Department: Hathaway Cemetery; Power Cemetery; and Salem Cemetery.
C.
The following known cemeteries in the Town of Farmington are classified as private cemeteries not open to receive internments and exempted from Town Parks Department maintenance by § 291 of New York State Town Law: Payne Cemetery (along State Route 96); and Lapham Cemetery (along County Road 41).
No person, after the effective date of this chapter, shall cause the remains of a human being to be buried or establish a burial ground for such purpose in any ground in the Town of Farmington not identified as a Public Cemetery.
Any private burial ground or family cemetery in existence in the Town of Farmington, at the time this chapter is filed with the Secretary of State, is exempt from these regulations. However, the Town of Farmington shall not accept responsibility for the maintenance or care of said private burial grounds or family cemetery.
Any person who shall be found to violate any provision of this chapter 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 or imprisonment for not more than 15 days, or both, for each offense. Each day in which any violation shall continue shall be deemed a separate offense. The provisions of this section shall be in addition to and shall not preclude the enforcement of this chapter by application to New York Supreme Court for injunction or by any other lawful means. Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned by it by reason of such violation.