N.J. Admin. Code § 13:44J-13.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44J-13.4 - Application for sale of cemetery lands

(a) No cemetery company shall sell land dedicated for cemetery purposes or grant an easement of such land without prior Board approval.

(b) A cemetery company which wishes to sell any land dedicated to cemetery purposes shall submit to the Board:

1. A statement by the board of trustees or directors setting forth the size of the parcel to be sold, whether the parcel has been developed for cemetery use, the total acres of cemetery property prior to the sale, and the total acres of developed cemetery property prior to the sale;

2. A statement by the board of trustees or directors that the land is not necessary or suitable for interment purposes;

3. A statement by the board of trustees or directors that there are no interments within the lands requested to be sold;

4. A statement by the board of trustees or directors that when a deed is drawn for the land it will include a prohibition against using the land for any activity in which a cemetery company is prohibited from engaging by N.J.S.A. 45:27-16;

5. A statement by the board of trustees or directors that at least 15 percent of the proceeds of the sale of the land will be paid into the Maintenance and Preservation Fund of the cemetery and the use to which the remaining proceeds will be put;

6. A resolution in favor of the sale which is approved by a majority of the board of trustees or directors;

7. A certified statement by the board of trustees or directors and the officers of the cemetery company attesting whether or not any of them has a direct or indirect interest in the purchasing entity;

8. A certified statement by the purchasing entity, its officers, and its stockholders having a 20 percent or more share of issued voting stock or a 20 percent or more share of a partnership, attesting whether any of them has a direct or indirect interest in the cemetery company; and

9. An appraisal of the property by a licensed real estate appraiser having no interest in either the cemetery company or the purchasing entity. If either the cemetery company or the purchasing entity or the principals of either has an interest in the other, two independent appraisals shall be submitted; and

10. An application fee as set forth in N.J.A.C. 13:44J-3.1(a)1 iv(2).

(c) The Board may request additional information from the cemetery company regarding the application for sale of cemetery lands.

(d) Applicants for an easement shall submit:

1. A description of the easement and the party to whom the easement will be granted;

2. Reason for the easement;

3. Payment to the cemetery company, if any; and

4. An application fee as set forth in N.J.A.C. 13:44J-3.1(a)1 iv(2).

(e) The Board may request additional information from the cemetery company regarding the application for granting an easement.

(f) A committee of the Board may visit a cemetery which has submitted an application pursuant to this section to verify that the land to be sold is not necessary or suitable for interment purposes.

N.J. Admin. Code § 13:44J-13.4

Amended R.2000 d.487, effective 12/4/2000.
See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a).
Rewrote the section.
Amended by R.2003 d.399, effective 10/6/2003.
See: 35 New Jersey Register 504(a), 35 New Jersey Register 4726(a).
In (b), added 10; in (d), added 4.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
In (a), inserted "dedicated for cemetery purposes" and "of such land"; and substituted "N.J.S.A. 45:27-16" for "N.J.S.A. 8A:5-3" in (b)4.