§ 94.03 PRESERVATION; RELOCATION AND DISCOVERY PROCEDURES.
   (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.
            2.   The cemetery fence (if it exists) shall be repaired, replaced or reconditioned at the owner or developer’s expense. The cemetery’s condition shall be returned to its natural state and maintained per § 94.02 and ownership shall be established per § 94.01(B).
            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)