[HISTORY: Adopted by the Town Council of the Town of Wallingford as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-1999 by Ord. No. 473]
The Town Council finds that burials in the Center Street Cemetery may have extended out into the streets that surround the cemetery at a time in history when the streets were narrow and the wall that now surrounds the cemetery was not built, and it is necessary, therefore, to implement a notification process to protect any graves that may have been interred outside the wall.
As used in this chapter the following terms shall have the meanings indicated:
- To form a cavity or hole in the surface of the ground to a depth of more than 18 inches.
- The exterior surface of the wall that surrounds the Center Street Cemetery.
- An individual, firm, partnership, corporation or any other legal entity.
No person shall excavate any portion of the ground within 20 feet of the perimeter of the wall surrounding the Center Street Cemetery except in the presence of the Superintendent of the Center Street Cemetery or, in his absence, the President of the Cemetery Association, during the actual performance of the excavation work, unless such presence has been waived, in writing, by one or the other of said officers. The streets bordering the Center Street Cemetery are Center Street from U.S. Route 5 to Orchard Street; Orchard Street from Center Street to Prince Street; Prince Street from Orchard Street to U.S. Route 5; and U.S. Route 5 from Prince Street to Center Street.
The Department of Engineering shall notify the Superintendent of the Center Street Cemetery and the President of the Cemetery Association upon the application by any person for a permit to excavate within the area regulated by said Department and by this chapter and shall provide a copy of this chapter to any such applicant. Notification shall be by transmitting a copy of the excavation permit to the Superintendent of the Center Street Cemetery at P.O. Box 523 and to the President of the Cemetery Association at P.O. Box 362, both in Wallingford, CT 06492. Further notice to said officers of persons wishing to excavate within the area regulated by this chapter shall be by way of a listing with Call Before You Dig.
Any person who violates § 95-3 of this chapter shall be subject to a fine of $100.