[HISTORY: Adopted by the Town Board of the Town of Hamptonburgh 8-27-2002
by L.L. No. 4-2002. Amendments noted where applicable.]
The Town of Hamptonburgh hereby enacts a "Cemetery Protection Law" to
protect the cemeteries and burial sites located within its borders, preserve
the integrity of such burial sites and protect the health, safety and welfare
of its residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes 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.
Cemeteries in the Town of Hamptonburgh are identified
and located as follows:
|
Cemetery
|
Location
| |
|---|---|---|
|
Brewster Cemetery
|
County Route 51 Section 16, Block 1, Lot 28.23 N/F Ondrey Family Limited
| |
|
Eager Family Cemetery
|
Neelytown Road Section 1, Block 1, Lot 23
| |
|
Hamptonburgh Cemetery
|
Sarah Wells Trail Section 16, Block 1, Lot 36
| |
|
Holy Spirit Ukrainian Catholic Cemetery
|
Sarah Wells Trail Section 16, Block 1, Lot 23.1
| |
|
Martha Leslie Burial Site
|
97 Maybrook Road Section 6, Block 1, Lot 11 N/F Carter
| |
|
Lincolndale Cemetery
|
State Route 208 Section 13, Block 1, Lot 75
| |
|
Neelytown Cemetery
|
Neelytown Road Section 1, Block 1, Lot 22
| |
|
Pierson Cemetery
|
165 Sarah Wells Trail Section 16, Block 1, Lot 22 N/F Eitel
| |
|
Stuart/Woodhull Burial Ground
|
3414 State Route 208 Section 13, Block 1, Lot 22 N/F Morne
| |
|
Thompson Grave Site
|
6 McNamara Drive Section 11, Block 5, Lot 10 N/F Chirco
| |
|
Tuthill Burial Ground
|
Everett Road Section 15, Block 1, Lot 28 N/F Rutkowski
| |
|
Watkins Cemetery
|
14 Sarah Wells Trail Section 13, Block 1, Lot 79 N/F Waehler
|
B.
Notwithstanding the identifications 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 structure shall be erected within 100 feet of a cemetery
or burial site as identified herein.
B.
The Planning Board, as part of any subdivision or site
plan, may require the erection of fencing, installation of plantings or other
visual and/or physical barriers between developable areas of land, which are
adjacent or contiguous to a cemetery and/or burial site.
C.
The Building Inspector shall not issue a building permit
for any structure that is located within 200 feet from any cemetery and/or
burial site without first referring the matter to the Planning Board for review
consistent with the above noted provisions.
Any violation of the provisions herein shall result in imposition of
a monetary penalty in an amount equal to the maximum monetary penalty allowed
by law as well as prosecution pursuant 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.
