[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:
- 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.
- Includes any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried.
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.
Editor's Note: The map showing cemetery locations is included at the end of this chapter.
No commercial and/or residential structure shall be erected within 100 feet of a cemetery or burial site as identified herein.
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.
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.
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.