(a) Cemetery identification. The location and boundary of an onsite cemetery shall be determined by one of the following methods, in consultation with the Office of Planning and Zoning:
(1) a survey using professionally acceptable methods and techniques, including archival research, archaeology, geophysical survey methods, oral history, or other approved techniques;
(2) observations in the field including visible grave stones or markers, a pattern of depressions indicative of graves or associated fence boundaries; or
(3) reference to a modern map or plat or evidence found on historic maps or documents.
(b) Preservation. A developer shall preserve an onsite cemetery, as follows:
(1) grading, construction, or subsurface disturbance within 25 feet of the cemetery boundary is prohibited;
(2) appropriate measures shall be taken to protect the cemetery during construction, such as a field-delineated limit of disturbance zone, temporary fencing, or other appropriate physical markings;
(3) a 15-foot right-of-way from the nearest public or private road shall be required to maintain public or family access to the cemetery; and
(4) a preservation and maintenance easement shall be provided that designates a homeowner's association or other person or organization as the party responsible for care, maintenance, and protection of the site.
(Bill No. 3-05)
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