(A) Notwithstanding the prohibition contained in § 92.02, immediate family members of a deceased person interred on lands lying outside an established cemetery prior to the effective date of this chapter may be interred on the same parcel as the member of the immediate family previously interred. A person who wishes to be so interred or if deceased, an authorized representative of the decedent, shall first obtain a permit from the County Planning Commission at least 30 days prior to the date of interment.
(B) In order to obtain a burial permit from the County Planning Commission, the applicant shall strictly comply with and observe the following requirements.
(1) At least 30 days prior to the interment, the entire private burial plot shall be surveyed by a licensed surveyor.
(2) An official plat of the private burial lot shall be prepared by a licensed surveyor and shall be recorded in the office of the County Recorder.
(3) A new deed to the property upon which the private cemetery lot is located shall be prepared and shall contain a restrictive covenant requiring that the private cemetery plot shall continue in perpetuity and shall be maintained as a cemetery by all subsequent owners of said real property.
(4) A safe, all-weather access road over and across the property to the burial plot shall be built and a provision inserted in the deed to the property requiring that said access shall be perpetually maintained in such condition that it can be easily traversed in all seasons by an ordinary passenger car.
(5) The applicant shall obtain from the Health Department a certificate indicating that the proposed burial plot is located more than 100 feet from any culinary water source.
(6) The human remains shall be contained within a casket approved by a licensed funeral director and inside a vault approved by a licensed funeral director.
(7) Human remains shall be buried at a depth of at least six feet below ground level.
(8) Each private cemetery plot shall be completely enclosed by a fence which is at least 36 inches high.
(9) The applicant shall submit a burial application fee in the amount of $50.
(Ord. 2002-1, passed 7-8-2002)