PRESERVATION OF INACTIVE AND PRIVATE FAMILY CEMETERIES
In preserving a cemetery, while at the same time developing or dividing a parcel, an applicant shall follow one of the following options:
(A) Transfer the existing cemetery as part of a buildable lot. Ownership and maintenance of the cemetery would be left to the individual lot owner; and
(B) Make the existing cemetery a separate lot. Ownership and maintenance of the cemetery would be assigned by written agreement with either the original owner of the cemetery, the subdivision homeowners association, the developer of a subdivision, or the County Historical Society.
(Ord. 02-02.28.11, passed 3-28-2011)
(A) These requirements shall be followed if a developer or property owner wishes to preserve an existing cemetery, while at the same time developing or dividing his or her property. The regulations outlined below apply only to inactive and private family cemeteries. Any waiver of these regulations must be requested from the Planning and Zoning Board. Transfer of responsibility of cemetery maintenance to lot owner must be on the plat and deed restrictions.
(B) If a private cemetery exists on a parcel of land and the exact location of grave sites is not able to be determined, or if a cemetery is discovered during construction, a developer or property owner is advised to follow the procedures and guidelines stated in § 94.03(B)(1), (B)(2) and (B)(3).
(C) Cemetery boundaries shall be established by the developer and submitted to the County Planning and Zoning Board for approval. Request for approval should include evidence of location such as fences, walls, grave stones, natural features or recorded documents. If sufficient evidence for location of cemetery boundary does not exist then the County Planning and Zoning Board may require developer(s) to have a professional archeologist view the site and make a determination as to the boundaries and potential number of grave sites.
(1) No new structure or building addition shall be built within 30 feet of an existing private family cemetery regardless of adjoining property lines or land ownership. This 30-foot limitation is also required regardless of whether the cemetery is part of a building lot or is conveyed as a separate lot. The 30-foot limitation shall be in the form of an exclusive cemetery easement.
(2) No grading, excavating, paving or land disturbance shall be allowed within 30 feet of a cemetery.
(a) Developer shall repair or replace any existing cemetery fences or walls. Stone or masonry fences shall be replaced with the same type or suitable material. Existing cemetery fences or walls shall be repaired or replaced at the time of development or prior to the final plat or final development plan approval.
(b) Developer shall be required to construct a new fence if one does not exist at the time of establishment of cemetery boundary. Fence material shall fit with the character of the proposed development. The following materials are acceptable: stone, brick, ornamental iron, pressure treated wood (picket or plank constructed) with a quality of workmanship and material that guarantees a life expectancy of 20 years.
(c) At the time of construction of new fence, dead or decaying trees and heavy underbrush shall be removed from the cemetery. Remaining trees shall be pruned to a height to create a clear vertical view of eight feet. Ground cover shall also be established at this time.
(d) A statement by the property, owner, applicant or developer shall be made on the development plan or division plat regarding cemetery ownership and maintenance.
(e) A certificate of land use restriction, cemetery easement and a deed restriction shall be recorded in the County Clerk’s office acknowledging the location, size, ownership and maintenance of a cemetery. This information shall also be recorded on the final development plan, and the final plat for a subdivision if not yet recorded.
(f) Public or controlled access shall be provided by the developer or owner to the existing cemetery with a minimum five-foot wide recorded ingress/egress pedestrian cemetery access easement accessible from a public or private street within the development. The recording of the cemetery access easement shall follow the same guidelines in this division (C)(2)(f).
(Ord. 02-02.28.11, passed 3-28-2011)
(A) In order to assist property owners or developers in their cemetery preservation or relocation work, the following procedures and guidelines shall be followed. These procedures or guidelines are to be followed by each property owner or developer and shall be enforced by the County Planning and Zoning Board and the Administrative Official.
(B) The procedures are based upon either cemetery preservation or relocation plans.
(1) Preservation of existing cemetery. If a property owner desires to preserve an existing cemetery while developing or dividing his or her own property, then the property owner shall state his or her intent to the County Planning and Zoning Board in writing and follow the lot and maintenance requirements as stated in the regulations.
(2) Relocation of existing cemetery. If a property owner desires to relocate an existing cemetery with the advice from the County Planning and Zoning Board, then the property owner shall state his or her intent to said Commission in writing and follow the requirements for relocation per state statutes and Kentucky Administrative Regulations. Copies of all required state and local applications and permits during the relocation procedure shall be submitted to the Planning and Zoning Board. The County Coroner’s Office shall be involved in the relocation of a cemetery.
(3) Discovery of an unknown cemetery. If a property owner or developer unintentionally discovers a cemetery during construction, which was previously unknown, all work in the area shall cease immediately. The property owner or developer shall be responsible to report this disclosure to the County Planning and Zoning Board. As a result, the following steps should be taken.
(a) The property owner or developer has the option of stating in writing to the Planning and Zoning Board whether he or she will preserve the cemetery in accordance with these and state regulations or relocate the cemetery in accordance with state law. Either option will result in a submittal to the Planning Commission a revised subdivision plat, development plan and/or permit to be reviewed and approved by the Planning and Zoning Board. The Planning and Zoning Board shall be available to advise the property owner or developer of the benefits of cemetery preservation versus relocation.
(b) If a property owner or developer decides not to report the presence of a cemetery that is previously unknown and attempts to conceal any evidence that a cemetery ever existed and discovery of this fact is presented to the Planning and Zoning Board or Fiscal Court, then the Planning and Zoning Board shall notify the property owner or developer in writing to stop construction work in the area surrounding the cemetery. At the next regularly scheduled Planning and Zoning Board meeting, the property owner or developer must present to discuss the matter and offer a solution. This solution shall include the following:
1. The boundaries of the cemetery shall be identified by a professional (Kentucky registered) archaeologist at the expense of the owner or developer.
3. Inspection of the cemetery preservation work shall be done periodically by the Planning and Zoning Board to ensure the work is completed in a reasonable amount of time.
(Ord. 02-02.28.11, passed 3-28-2011)
(A) A county acting under this chapter will create a County Cemetery Board that may apply to the Department for Local Government for grants to restore and maintain nonprofit cemeteries that do not receive perpetual care funds.
(B) This Board shall consist of five volunteer members that shall meet three times annually with no more than three representing the same political party. Members shall be appointed by the County Judge/Executive with approval of the fiscal court, and shall have demonstrated an interest in cemetery preservation, genealogy, local history or a related area.
(C) The appointment term of each County Board member shall be four years, except for initial appointment terms. Initial appointment terms shall be as follows: two members appointed to one-year term; two members appointed to two-year terms; and one member appointed to a three-year term.
(Ord. 02-02.28.11, passed 3-28-2011)
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