Village of Florida, NY Chapter 53 Cemeteries

[HISTORY: Adopted by the Board of Trustees of the Village of Florida 11-12-2002 by L.L. No. 7-2002.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 119.

[1] Editor's Note: This local law was originally enacted as Ch. 3 but was renumbered to Ch. 53 to follow the alphabetical organization of the Code.

§ 53-1 Purpose.

The Village of Florida hereby adopts 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 75 feet from any cemetery and/or burial site.

§ 53-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BURIAL SITE

Any piece of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery.

CEMETERY

Any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried.

§ 53-3 Identification and location of cemeteries.

A. The identification and location of cemeteries in the Village of Florida is as follows:

(1) Florida Cemetery: off Bridge Street, Florida, New York.

(2) Florida Presbyterian Church Cemetery: off North Main Street, Florida, New York,

(3) Randle Family burial site: off Route 94, Florida, New York,

(4) Kennedy Family burial site: rear of 13 Bridge Street, Florida, New York,

B. More exact locations of each cemetery identified herein can be found on maps filed in the Village Clerk's office of the Village of Florida.

C. Notwithstanding the identification of cemeteries and/or burial sites herein above, 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.

§ 53-4 Encroachment requirements.

A. No commercial and/or residential structure shall be erected within 75 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 150 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 Village of Florida's Master Plan or which the Board otherwise deems to be of historical significance.

§ 53-5 Penalties for offenses.

Any violation of the provisions herein shall be prosecuted to the fullest extent of the law by the Village of Florida pursuant to the laws of the State of New York, including by 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.