New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 201 - Cemetery Operations
Section 201.16 - Cemetery renovation

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 201.16

Current through Register Vol. 45, No. 52, December 27, 2023

(a) A major alteration to a cemetery shall not be commenced without the approval of the Cemetery Board. Such approval shall be conditioned upon the submission of a report by the cemetery in accord with this section. Such report shall be submitted to the Cemetery Board at least three months prior to the anticipated commencement date of any work on the period. The report shall describe the method and purpose of such alteration, the proposed cost thereof, and include further information as required by this section.

(b) Definitions.

(1) Major alteration means: a project for which an environmental assessment form (EAF) is prepared or required; an activity which can reasonably be expected to have a substantial and adverse impact on the adjacent community, the lots or the lot owners of the cemetery, including: demolition; stockpiling materials; grading and other forms of earthwork; dumping, filling or depositing of any material; excavation or trenching; dredging; removal of soil; flooding or draining; or paving or construction of buildings, structures or facilities. The term major alteration shall not include those activities commenced with respect to the construction of a mausoleum or lawn crypt. Such activities are subject to the requirements of sections 201.10 and 210.11 or 201.17 of this Part.

(2) Applicant means a cemetery which submits a report as required by this section.

(c) Report. An applicant shall include in its report information in response to the following:

(1) whether the alteration will result in or avoid the destruction, damage to, modification or interference with existing graves and markers, crypts, mausoleums, roadways, and pathways;

(2) the location, design and duration of the major alteration;

(3) the financial impact on the applicant;

(4) whether the alteration will interfere with the lots or the interests of the lot owners;

(5) whether the alteration will be appropriate for cemetery purposes;

(6) whether the alteration will have an adverse impact on the surrounding community;

(7) whether the alteration will have the potential to adversely affect the public health and safety, the environment or natural resources; and

(8) the degree to which measures will be taken to minimize or eliminate these impacts.

(d) Approvals and permits. An applicant shall include in its report a description of any approvals or permits required by state or local law. No cemetery shall commence a major alteration which requires a state or local government approval or permit until such approval or permit has been obtained. Any board approval of a major alteration shall be so conditioned.

(e) Certification. A report submitted for a major alteration expected to cost in excess of $25,000 shall be certified by a licensed engineer.

(f) Further information. Within 35 days following receipt of the report, the board or the division may request from the cemetery corporation any additional information or documentation and technical assistance deemed necessary to review such report. Such report shall not be deemed complete until the requested information has been received. If no such request is made, the submission shall be deemed complete on the 35th day after its receipt by the division.

(g) Determination. The board shall approve or deny the proposed major alteration within the following time periods:

(1) for a cemetery corporation holding less than $400,000 in cash and investments, including restricted funds, within 60 days of the completed submission; and

(2) for a cemetery corporation holding $400,000 or more in cash and investments, including restricted funds, within 90 days of the completed submission.

(h) Notification. The board shall provide written notice of its determination to the cemetery corporation. If a negative determination, such notice shall state the reasons therefor. Notice shall be made by registered or certified mail addressed to the corporation at its principal office.

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