New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 202 - Cemetery Abandonments
Section 202.4 - Procedure for Cemetery Assumption of Abandoned Cemetery

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 202.4

Current through Register Vol. 46, No. 12, March 20, 2024

A cemetery corporation proposing to assume the management and maintenance of a cemetery pursuant to N-PCL § 1506-c shall submit an application to the Cemetery Board with the following information included:

(a) The proposed assumption of management and maintenance, for which approval of the lot owners of the applicant has been obtained at a special or regular meeting. If not, a description of the authorization or approval that has been obtained. A copy of the minutes of the meeting of the lot owners or board of directors, or of the resolution, shall be included.

(b) Support for the following representations: that the applicant has the resources, ability and commitment of directors and officers to ensure that the cemeteries will be properly operated and maintained, that they shall not fall into disrepair and dilapidation and become a burden upon the community, that they shall be operated for the mutual benefit of lot owners, and that they shall continue to serve and benefit the local communities in which they are located.

(c) A financial plan for the operations of the cemeteries. The plan shall include:

(1) A provision that all rights of lot owners of the cemetery to be abandoned and all rights of burial and memorialization will be honored and will not be affected by the assumed maintenance and management;

(2) An explanation of adjustments to prices and charges for the cemeteries, if any;

(3) An explanation of how the rules and regulations shall be applied to the cemeteries; and

(4) An identification of any significant liabilities and obligations of the cemetery to be abandoned and what treatment they will receive after the assumption of management and maintenance.

(d) Whether the applicant will assume the name under which the cemetery to be abandoned is organized or any other names by which it is known, and if so, that the applicant will file a certificate of the assumed name or names with the appropriate entity.

(e) Any planned immediate repairs, maintenance or improvements to the property or facilities of the cemetery to be abandoned, the cost of same and source of funds and terms of payment, including any expectation of state cemetery abandonment funds for such work.

(f) Whether the cemetery to be abandoned is affiliated with any religious denomination or tradition or if the majority of the persons whose bodies are interred in such cemetery are affiliated with any religious denomination or tradition, and whether the applicant follows or will follow the customs and practices of the same religious denomination or tradition.

(g) Compliance with the following public posting requirements. No earlier than 10 days prior to filing such application, post notice of the proposed assumption of management and maintenance at any offices of the cemeteries and, in a manner so as not to violate local zoning ordinances or to create a traffic hazard, all entrances to the cemeteries. The notice at each cemetery shall provide the name and address of the other cemetery. It shall also provide the telephone number and address and, where available, email 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.

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