New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.11 - Procedure for approval for construction of a mausoleum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cemetery corporation planning
				construction of a mausoleum or columbarium for at least 60 days prior to the
				actual commitment for construction, shall submit to the Cemetery Board the
				following information:
1. Whether the
				proposed construction has the approval of the corporation's lot owners,
				obtained at a special or regular meeting. If not, a description of the
				authorization or approval obtained. A copy of the minutes of the meeting of the
				lot owners or board of trustees, or of the resolution, shall be
				included.
2.
(A) The name of the licensed architect or
				engineer and the estimated total costs of construction, including land to be
				appropriated, landscaping, embellishments and other features.
(B) A map or sketch indicating the location
				of the building, together with a general description including the number of
				crypts and niches.
(C) Whether the
				proposed construction is the complete structure or whether units are to be
				added later. If future units are contemplated, the extent of such commitment or
				plan.
3. The source of
				funds to pay for the construction and the terms of payment.
4. An estimate of the trust funds and the
				current maintenance funds required to maintain and preserve the facility,
				covering the year-to-year maintenance and long-term preservation.
5. An estimate of the cumulative total
				revenues from sales based on the projected selling prices.
6. A full disclosure to the extent
				outstanding certificates of indebtedness or land shares are to participate in
				the sales proceeds.
7. The
				projected disposition of the total estimated sales revenues, including but not
				limited to the amounts to be allocated for:
(A) permanent maintenance and current
				maintenance funds;
(B) supplemental
				trust or special fund;
(C)
				estimated selling expenses, including disclosure of promotional
				plans;
(D) recovery of construction
				costs;
(E) general fund use or
				retention; and
(F) building
				operation.
8.
(A) A copy of the drawing required by
				paragraph (B) of this subdivision along with an indication of the location of
				the proposed building, and a statement that the notices required by such
				paragraph have been posted in accordance with its provisions.
(B) In addition to its submission to the
				Cemetery Board, the cemetery corporation shall, no earlier than 10 days prior
				to such submission, post mausoleum construction notices in the immediate
				proximity of the proposed mausoleum, the cemetery office and, in a manner so as
				not to violate local zoning ordinances or to create a traffic hazard, all
				entrances. Each mausoleum construction notice shall provide information written
				in plain English concerning the mausoleum proposed and include a drawing, which
				shall be an appropriately apt rendition designed to give a fair impression of
				the construction. In addition, such notices shall reveal the telephone number
				and 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. The provisions of this paragraph shall not apply
				to the construction of an addition to an existing mausoleum if the number of
				crypts to be added does not exceed 250 spaces.