[HISTORY: Adopted by the Town Council of the Town of Wallingford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-1999 by Ord. No. 473]
The Town Council finds that burials in the Center Street Cemetery may
have extended out into the streets that surround the cemetery at a time in
history when the streets were narrow and the wall that now surrounds the cemetery
was not built, and it is necessary, therefore, to implement a notification
process to protect any graves that may have been interred outside the wall.
As used in this chapter the following terms shall have the meanings
indicated:
To form a cavity or hole in the surface of the ground to a depth
of more than 18 inches.
The exterior surface of the wall that surrounds the Center Street
Cemetery.
An individual, firm, partnership, corporation or any other legal
entity.
No person shall excavate any portion of the ground within 20 feet of
the perimeter of the wall surrounding the Center Street Cemetery except in
the presence of the Superintendent of the Center Street Cemetery or, in his
absence, the President of the Cemetery Association, during the actual performance
of the excavation work, unless such presence has been waived, in writing,
by one or the other of said officers. The streets bordering the Center Street
Cemetery are Center Street from U.S. Route 5 to Orchard Street; Orchard Street
from Center Street to Prince Street; Prince Street from Orchard Street to
U.S. Route 5; and U.S. Route 5 from Prince Street to Center Street.
The Department of Engineering shall notify the Superintendent of the
Center Street Cemetery and the President of the Cemetery Association upon
the application by any person for a permit to excavate within the area regulated
by said Department and by this chapter and shall provide a copy of this chapter
to any such applicant. Notification shall be by transmitting a copy of the
excavation permit to the Superintendent of the Center Street Cemetery at P.O.
Box 523 and to the President of the Cemetery Association at P.O. Box 362,
both in Wallingford, CT 06492. Further notice to said officers of persons
wishing to excavate within the area regulated by this chapter shall be by
way of a listing with Call Before You Dig.
Any person who violates § 95-3 of this chapter shall be subject to a fine of $100.
