[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
[Amended 7-28-2009 by L.L. No. 4-2009]
The Village of Woodbury is adopting this chapter
to protect the cemeteries and burial sites located within its borders
from encroachment of commercial and/or residential structures, preserve
the integrity of such burial sites and protect the health, safety
and welfare of its residents by establishing encroachment requirements
for all commercial and/or residential structures located near such
burial sites such that no structure shall be less than 200 feet from
any cemetery and/or burial site.
As used in this chapter, the following terms
shall have the meanings indicated:
Refers to and shall include any piece of land where a person
is buried, notwithstanding that the site may not be recognized as
a traditional cemetery.
CEMETERY
Includes any and all public, private, religious, historic
and/or family cemeteries where deceased persons are buried.
A.
The identification and locations of cemeteries in
the Village of Woodbury are as follows:
|
Cemetery
|
Location
|
Known Tax Map No.
| |
|---|---|---|---|
|
Arden Cemetery
|
Possible Parrott Harriman by Babcock Chapel
in Tuxedo
| ||
|
Baileytown Cemetery
|
Near Twin Lakes in State Park
| ||
|
Brooks Cemetery at Queensboro
|
Near traffic circle on Rt. 6
| ||
|
Cemetery of Highlands
|
Rt. 32 across from Ridge Road
|
218-2-2
| |
|
Cemetery of the Friends
|
Quaker Road/Woodbury Falls/Evan Drive
|
246-1-42
| |
|
Cemetery of the Meads
|
11 Edgewood Drive
|
228-3-3
| |
|
Coffey/Peckham Cemetery
|
Rear of Woodbury Commons
|
225-1-69
| |
|
Coleman Cemetery
|
Next to or under Thruway overpass, before Trout
Brook
| ||
|
Davenport Cemetery
|
East of Rt. 32 across from MS Elmer House
| ||
|
Earl Cemetery
|
Front of Jones Hill and Ridge Road
| ||
|
Earl/Secor Cemetery
|
Near Nepera, Arden House Road area
| ||
|
Edwards Cemetery
|
Mountain Road off Rt. 9W, perhaps in Highlands
| ||
|
Francis Smith Cemetery
|
Rt. 32 across from ambulance building
|
218-1-36
| |
|
Harriman Cemetery
|
On Harriman Estate, private plot
| ||
|
Mine Train Road Cemetery
|
In area near forest of Dean, perhaps in Highlands
| ||
|
Old Methodist Church/Cemetery
|
Rt. 32 across from Ridge Road
|
218-2-1
| |
|
St. Mary's Cemetery
|
Rt. 17M in Tuxedo
| ||
|
Summit Lake Cemetery
|
In State Park
| ||
|
Wilkes Cemetery
|
Rt. 17 in front of Harriman Train Station
|
243-1-26
|
B.
Notwithstanding the identification 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 commercial and/or residential structure shall be
erected within 200 feet of a cemetery or burial site as identified
herein.
[Amended 7-28-2009 by L.L. No. 4-2009]
B.
The Planning Board, in its sole discretion, as part
of any subdivision site plan or conditional use permit application,
may require a residential or commercial developer to erect fencing,
install plantings or otherwise erect a visual and/or physical barrier
between developable areas of land which are adjacent or contiguous
to a cemetery and/or burial site.
C.
A copy of this chapter will be provided to the building
permit applicant at the time the application for the permit is requested
where the two-hundred-foot buffer is in question or at risk.
D.
The Code Enforcement Officer 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.
E.
The Planning Board, in its sole discretion, may apply
the provisions of this section to protect other cemeteries and/or
burial plots which the Board deems to be of historical significance.
Any local law inconsistent with the provisions
of this chapter is hereby repealed.
A.
Any violation of the provisions herein shall be prosecuted
to the fullest extent of the law by the Village of Woodbury pursuant
to the laws of the State of New York, including but not limited 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.
B.
Any site work, construction, excavation, demolition
or related activities which disturb, encroach upon, or threaten to
encroach within 200 feet of a burial site or cemetery as identified
in this chapter will result in an immediate stop-work order being
issued by the Code Enforcement Officer or Town of Woodbury Police
Department, to remain in effect until sufficient investigation can
be had to insure the protection of the cemetery or burial site as
required in this chapter.
C.
Any violation of this chapter will carry a penalty
of up to $500 per day until the investigation is complete and the
stop-work order rescinded.
