FYI Carol Van Buren _____ TOWN OF MINISINK ORANGE COUNTY, NEW YORK LOCAL LAW NO. 2 OF THE YEAR 2002 LOCAL LAW PROVIDING FOR THE PROTECTION OF CEMETERIES IN THE TOWN OF MINISINK BE IN ENACTED by the Town Board of the Town of Minisink, Orange County, New York as follows: Section 1. Purpose: The Town of Minisink is adopting a "Cemetery Protection Law" to protect the cemeteries and burial sites located within its borders from enroachment 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 enroachment requirements for all commercial and/or residential structures located near such burial sites such that no structure shall be less than one hundred (100) feet from any cemetery and/or burial site. Section 2. Definitions: a. Cemetery. The term "cemetery" shall include any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried. b. Burial site. The term "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. Section 3. Identification and Locations of Cemeteries in the Town of Minisink: Cemetery Location of Cemetery Clark Cemetery Pine Hill Road DeWitt Cemetery Marvelle Lane Halstead Cemetery County Route 22 & South Plank Road Hill Cemetery Route 284 Loree Cemetery Lower Road Millsburgh Cemetery County Route 22 Minisink Cemetery Route 284 Monell Cemetery Ridge Road Neely Cemetery Horton Road Reeve Cemetery Route 284 Ridge Cemetery Ridge Road & County Route 1 Rome Cemetery South Plank Road Unionville Cemetery Jersey Avenue Van Ness Cemetery South Plank Road Westtown Presbyterian Church Cemetery Route 284 Wilcox Cemetery Minisink Turnpike a. More exact locations of each cemetery identified herein can be found on a map prepared by McGoey, Hauser and Edsall and filed in the Town Clerk's office of the Town of Minisink. b. Notwithstanding the identification of cemeteries and/or burial sites herein above, this list shall no be deemed exhaustive such that any cemeteries and/or burial sites not identified on said list are subject to the provisions herein. Section 4. Enroachment Requirements: a. No commercial and/or residential structure shall be erected within 100 feet of a cemetery or burial site as identified herein and no soil shall be disturbed more than three feet below ground within 25 feet of a cemetery or burial site. 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 two hundred (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 Minisink's Master Plan or which the Board otherwise deems to be of historical significance. e. Notwithstanding the requirements contained in this Section, the Planning Board may grant relief and allow structures may be erected closer than 100 feet of a Cemetery or burial site on any lot which has previously received subdivision approval by the Planning Board if said lot complies with the other laws of the Town of Minisink. Section 5. Penalty for Violation of Provisions Herein: Any violation of the provision herein shall be prosecuted to the fullest extent of the law by the Town of Minisink pursuant to the laws of the State of New York, including but not limited to sections 145.22 and/or 145.23 of the New York State Penal Code and/or sections 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 upon conviction of a violation of the Town Law, a fine not to exceed the sum of $250 and/or 15 days imprisonment. In addition, anyone violating the law must correct the violation by removing the structure and restoring the premises to its original condition. Each day that such violation exists shall constitute a separate violation of this law. Upon the failure to remove the violation and restore the premises, as described herein, within 30 days after order of a court of proper jurisdiction, the Town Board is authorized to perform the necessary work and all necessary costs including attorneys and engineering fees incurred by the Town shall be assessed as a lien on the property and added to the next Town Tax Bill which is assessed against the property. Section 6. Separability: Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provision shall be deemed invalid, all other provisions hereof shall remain valid and enforceable. Section 7. Repealer: This local law shall supercede all prior laws, ordinances, rules and regulations relative to the Zoning Law and Building Code of the Town of Minisink and it shall be, upon the effective date of this law, null and void. Section 8. Effective Date: This local law shall take effect upon its being duly filed in office of the Secretary of State of the State of New York as provided in Section 27 of the Municipal Home Rule Law. ADOPTED: December 17, 2002