(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)