[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:
- BURIAL GROUND
- 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.
The following is a list of cemeteries and/or burial grounds and their general location covered by this chapter:
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.
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.
No commercial and/or residential structure shall be erected within 100 feet of a cemetery or burial ground as identified herein.
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.
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.
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.