[HISTORY: Adopted by the Town Board of the Town of Monroe 12-16-2002
by L.L. No. 6-2002. Amendments noted where applicable.]
Section 291 of the Town Law of the State of New York authorizes towns
to adopt regulations for the care of cemeteries and burial grounds. The Town
Board of the Town of Monroe is concerned with the integrity of the cemeteries
and burial grounds within the Town as more and more of the land within the
Town is subject to residential and commercial development. The Town Board
finds and determines that it is necessary to adopt measures that will afford
protection to the cemeteries and burial grounds located within the Town's
borders from encroachment of commercial and/or residential development. It
is the further intent of this chapter to preserve the integrity of such cemeteries
and burial grounds and to promote and protect the health, safety and general
welfare of Town residents by establishing appropriate regulations regarding
land development that is within certain distances of such cemeteries and/or
burial grounds.
As used in this chapter, the following terms shall have the meanings
indicated:
Refers to and shall include any piece or parcel of land where a person
is buried, notwithstanding that the site may not be recognized as a traditional
cemetery.
Shall include any and all public, private, religious, historic and/or
family cemeteries where persons are buried.
A.
The following is a list of cemeteries and/or burial grounds
and their general location covered by this chapter:
Cemetery
|
Location
| ||
Webb Cemetery
|
East Mombasha Road
| ||
Cromwell Cemetery
|
Cromwell Hill Road and Jonas Road
| ||
Frederick Cemetery
|
Colony Road and Mine Road
| ||
Native American Cemetery
|
Rt. 17M near Brooks Pond
| ||
Compton/Corwin Cemetery
|
Harriman Heights Road
| ||
King Cemetery
|
Mine Road and Cedar Cliff Road
| ||
Unnamed Cemetery
|
Lakes Road and Osseo Park Road
|
B.
More exact locations of each cemetery and/or burial ground
identified herein can be found on the Official Town of Monroe Cemetery Map
filed in the office of the Town Clerk.
C.
Notwithstanding the identification of cemeteries and/or
burial grounds hereinabove, this list shall not be exhaustive such that any
cemeteries and/or burial grounds not identified on said list are subject to
the provisions herein. Further, the Town Board, by resolution, may amend the
listing of cemeteries and/or burial grounds, as well as the Official Town
of Monroe Cemetery Map, when any additional cemeteries and/or burial grounds
are identified sufficiently to be included on such list or on said map.
A.
No commercial and/or residential structure shall be erected
within 100 feet of a cemetery or burial ground as identified herein.
B.
The Planning Board, in its sole discretion, as part of
any subdivision, site plan or special exception use permit application, may
require a residential or commercial developer to erect fencing, install plantings
or otherwise erect a visual and/or physical bather between areas of lands
proposed for development and any adjacent or contiguous cemetery and or burial
ground.
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 ground without first referring the matter to the Planning Board for review consistent with the provisions of Subsection B.
D.
The Planning Board, in its sole discretion, may apply
the provisions of this section to protect other cemeteries and/or burial grounds
which are included and/or referred to in the Town of Monroe's Comprehensive
Plan or which the Board otherwise deems to be of historical significance.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be guilty of an unclassified misdemeanor and shall be
subject to a fine of not more than $1,000.