N.J. Admin. Code § 13:44J-13.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44J-13.6 - Application to lease or license cemetery lands

(a) A cemetery company shall not lease or license cemetery lands to another organization or entity without prior approval of the Board.

(b) An application to lease or license cemetery lands pursuant to 45:27-34 shall include:

1. A certified statement by the board of trustees or directors that the lands to be leased will not be plotted for burial lots or, if already plotted, that burial lots therein will not be sold for burial purposes or otherwise used for cemetery purposes during the term of the lease;

2. A certified statement by the board of trustees or directors that 15 percent of the proceeds of the lease will be deposited into the Maintenance and Preservation Fund;

3. A statement by the prospective lessee that it does not engage, directly or indirectly, in an activity that a cemetery company is prohibited from engaging in pursuant to 45:27-16;

4. A certified statement by the prospective lessee describing the expected use to be made of the portion of land;

5. A copy of the lease;

6. A statement by the board of trustees or directors that the proceeds of the lease will be used to pay the debts and liabilities of the cemetery company, to improve the cemetery, or both; and

7. An application fee as set forth in 13:44J-3.1(a)1 iv(7).

(c) The Board may request additional information from the cemetery company regarding the application to lease or license unused cemetery lands.

N.J. Admin. Code § 13:44J-13.6

Recodified from N.J.A.C. 13:44J-13.7 and amended by R.2000 d.487, effective 12/4/2000.
See: 32 N.J.R. 3261(a), 32 N.J.R. 4265(a).
Rewrote the section. Former N.J.A.C. 13:44J-13.6, Application for enlargement of cemetery area by purchase, recodified to N.J.A.C. 13:44J-13.5.
Amended by R.2003 d.399, effective 10/6/2003.
See: 35 N.J.R. 504(a), 35 N.J.R. 4726(a).
In (b), added 8.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Section was "Application to lease or license unused cemetery lands to a nonprofit, religious, educational or charitable organization". Deleted "unused" preceding "cemetery lands" in (a) and (b); in (a), substituted "another organization or entity" for "a nonprofit, religious, educational or charitable organization" and deleted the last sentence; in the introductory paragraph of (b), deleted "to a nonprofit, religious, educational or charitable organization", substituted "N.J.S.A. 45:27-34" for "N.J.S.A. 8A:6-12", substituted "during the term of the lease" for "for two years following the meeting of the board of trustees or directors approving the application" in (b)1, deleted former (b)2 and (b)3, inserted present (b)2, recodified (b)4 as (b)3, deleted (b)5 and recodified (b)6 through (b)8 as (b)4 through (b)6.
Amended by R.2010 d.035, effective 5/17/2010.
See: 41 N.J.R. 3029(a), 42 N.J.R. 941(a).
Added new (b)2; and recodified former (b)2 through (b)6 as (b)3 through (b)7.