Village of Woodbury, NY
Orange County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Building construction — See Ch. 96.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
[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:
BURIAL SITE
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.