Current through Register Vol. 46, No. 12, March 20, 2024
(a) A cemetery corporation planning
construction of a mausoleum or columbarium for at least 60 days prior to the
actual commitment for construction, shall submit to the Cemetery Board the
following information:
1. Whether the
proposed construction has the approval of the corporation's lot owners,
obtained at a special or regular meeting. If not, a description of the
authorization or approval obtained. A copy of the minutes of the meeting of the
lot owners or board of trustees, or of the resolution, shall be
included.
2.
(A) The name of the licensed architect or
engineer and the estimated total costs of construction, including land to be
appropriated, landscaping, embellishments and other features.
(B) A map or sketch indicating the location
of the building, together with a general description including the number of
crypts and niches.
(C) Whether the
proposed construction is the complete structure or whether units are to be
added later. If future units are contemplated, the extent of such commitment or
plan.
3. The source of
funds to pay for the construction and the terms of payment.
4. An estimate of the trust funds and the
current maintenance funds required to maintain and preserve the facility,
covering the year-to-year maintenance and long-term preservation.
5. An estimate of the cumulative total
revenues from sales based on the projected selling prices.
6. A full disclosure to the extent
outstanding certificates of indebtedness or land shares are to participate in
the sales proceeds.
7. The
projected disposition of the total estimated sales revenues, including but not
limited to the amounts to be allocated for:
(A) permanent maintenance and current
maintenance funds;
(B) supplemental
trust or special fund;
(C)
estimated selling expenses, including disclosure of promotional
plans;
(D) recovery of construction
costs;
(E) general fund use or
retention; and
(F) building
operation.
8.
(A) A copy of the drawing required by
paragraph (B) of this subdivision along with an indication of the location of
the proposed building, and a statement that the notices required by such
paragraph have been posted in accordance with its provisions.
(B) In addition to its submission to the
Cemetery Board, the cemetery corporation shall, no earlier than 10 days prior
to such submission, post mausoleum construction notices in the immediate
proximity of the proposed mausoleum, the cemetery office and, in a manner so as
not to violate local zoning ordinances or to create a traffic hazard, all
entrances. Each mausoleum construction notice shall provide information written
in plain English concerning the mausoleum proposed and include a drawing, which
shall be an appropriately apt rendition designed to give a fair impression of
the construction. In addition, such notices shall reveal the telephone number
and address where comments may be received and the last date on which such
comments will be accepted, which shall be no earlier than 60 days following the
date the notices are posted. The provisions of this paragraph shall not apply
to the construction of an addition to an existing mausoleum if the number of
crypts to be added does not exceed 250 spaces.
(b) Prior to offering sale of space to the
public, the cemetery corporation shall file with the Cemetery Board the prices
for each type or category of entombment unit pursuant to N-PCL section 1513(b).
A copy of the rules and regulations, filed and approved pursuant to N-PCL
section 1509, setting forth the cemetery's and the lot owner's obligations and
responsibilities, shall be furnished to a purchaser at the time the sales
contract is signed.
(c) All charges
for services to be rendered and the basis for such charges must be approved by
the Cemetery Board, before implementation, pursuant to N-PCL section
1509(c)(1). If existing service charges are intended to be applied to mausoleum
entombments, specific approval will be required prior to their becoming
effective for such new services.