[HISTORY: Adopted by the Town Board of the
Town of Chester 4-1-2003 by L.L. No. 2-2003. Amendments noted where
applicable.]
The Town of Chester is adopting a Cemetery Protection
Law 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 100 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.
Includes any and all public, private, religious, historic
and/or family cemeteries where deceased persons are buried.
A.
See list annexed hereto.[1]
[1]
Editor's Note: The list of cemeteries is included at the end of this chapter.
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.
See map prepared by the Orange County Genealogical
Society annexed hereto.[1]
[1]
Editor's Note: The map showing cemetery locations is included at the end of this chapter.
A.
No commercial and/or residential structure shall be
erected within 100 feet of a cemetery or burial site as identified
herein.
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.
The Building Inspector 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.
D.
The Planning Board, in its sole discretion, may apply
the provisions of this section to protect other cemeteries and/or
burial plots, which are included and/or referred to in the Town of
Chester's Master Plan or which the Board otherwise deems to be of
historical significance.
Any violation of the provisions herein shall
be prosecuted to the fullest extent of the law by the Town of Chester
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.
