Legislation # 06-0669 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "CEMETERIES."
 
Legislation History 06-0669
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0669
FileTypeSizeDescription
Chapter 10 - Cemeteries - REDLINE - October 25, 2006.doc Other 83K Chapter 10 Redline Version
 
Legislation Text 06-0669

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0669

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "CEMETERIES."

 

 

 

Chapter 10

 

CEMETERIES*

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* State Law References: Cemeteries generally, Code of Virginia, 57-22 et seq.; authority of city to provide and operate cemeteries, 15.2-1121; authority of city to regulate and inspect cemeteries, Code of Virginia, 15.2-1111.

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Article I. In General

Sec. 10-1. Definitions.

Sec. 10-2. Compliance with chapter.

Sec. 10-3. Violations of chapter.

Sec. 10-4. Exemptions from chapter.

Sec. 10-5. Administration.

Sec. 10-6. Area requirements.

Sec. 10-7. Street specifications.

Sec. 10-8. Interments to be in established cemeteries only.

Sec. 10-9. Interment generally.

Sec. 10-10. Permit required for interment or disinterment in cemeteries not regulated by Virginia Code Section 54.1-2310, et seq.

Sec. 10-11. Record of owners of places of interment.

Sec. 10-12. Record of interments.

Sec. 10-13. Map of places of interment.

Sec. 10-14. Places of interment--Markers.

Sec. 10-15. When interments may be made.

Sec. 10-16. Owners/operators responsible for upkeep of cemetery.

Secs. 10-17--10-25. Reserved.

 

Article II. Permit to Establish or Enlarge

Sec. 10-26. Required.

Sec. 10-27. Application generally.

Sec. 10-28. Information to accompany application.

Sec. 10-29. Application to be accompanied by consent of owners of residences in certain cases.

Sec. 10-30. Fee.

Sec. 10-31. Issuance.

 

Article III. Abandoned Cemeteries

Secs. 10-32--10-40. Reserved.

 

ARTICLE I.

 

IN GENERAL*

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* Editors Note: Ord. No. 1322, adopted Feb. 27, 2002, amended Art. I, in its entirety, to read as herein set out in 10-1--10-16. Prior to inclusion of said ordinance, Art. I pertained to similar subject matter. See the Code Comparative Table.

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Sec. 10-1. Definitions.

 

For purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them in this section.

Cemetery means any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

 

Grave means a below-ground right of interment.

 

Interment means all forms of final disposal of human remains including but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment.

 

Memorials, markers or monuments means an item used to identify the deceased and or their place of interment.

 

Operator means any agent, contractor, employee, individual, officer of a firm, company, corporation, association, club, institution, or any other person or entity responsible for operating a cemetery.

 

Perpetual care means the provision of care, maintenance, administration and embellishment of the cemetery in perpetuity.

 

Person means any individual, firm, owner, operator, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

 

Place of interment means a place within a cemetery that is intended as, marked and maintained as the final resting place for an individual's human remains, including but not limited to grave, mausoleum, and niche or columbarium inurnment.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-2. Compliance with chapter.

 

In addition to the requirements of the state law and the zoning ordinance of the city, any cemetery established or enlarged wholly or partly within the city and the owner(s) and operator(s) thereof, shall conform to the requirements of this chapter.

(Ord. No. 73; Code 1964, 10-2; Ord. No. 1322, 2-27-02)

State Law References: Authority of city to regulate and inspect cemeteries, Code of Virginia, 15.2-1111.

Cross References: Zoning ordinance, App. A.

 

Sec. 10-3. Violations of chapter.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

(Ord. No. 1322, 2-27-02)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 10-4. Exemptions from chapter.

 

The provisions of this chapter shall not apply to the enlargement or expansion of cemeteries owned by any recognized church or religious organization, which cemeteries were in existence on September 27, 1961.

(Ord. No. 73; Code 1964, 10-1; Ord. No. 1322, 2-27-02)

 

Sec. 10-5. Administration.

 

It shall be the duty of the city manager to make such rules and regulations as may be necessary for the enforcement of this chapter including the appointment of a superintendent of cemetery code compliance.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-6. Area requirements.

 

Each cemetery established or enlarged wholly or partly within the city shall comprise an area of not less than twenty (20) acres nor more than seventy-five (75) acres. However, in the case of an accessory use to a church, the minimum shall be one (1) acre and the maximum shall be seventy-five (75) acres.

(Ord. No. 73, Code 1964, 10-5; Ord. No. 1049, 6-10-92; Ord. No. 1322, 2-27-02)

 

Sec. 10-7. Street specifications.

 

The streets of any cemetery established or enlarged wholly within the city shall be built to conform to the standards established by the state department of transportation for construction of a secondary road and shall have a paved width of not less than eighteen (18) feet.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-8. Interments to be in established cemeteries only.

 

No person shall inter or cause to be interred the body of any deceased person in any area within the city except in such grounds as are known and used as a cemetery and then only in a space that is identified as a place of interment by the "development plan" or if the cemetery was established prior to the requirement of a "development plan", an interment shall occur in a place of interment as identified by section 10-13.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-9. Interment generally.

 

(a) No interment shall be made which shall disturb the remains of the dead or which shall permanently displace or injure any monument or marker.

(b) Graves shall be not less than sixty (60) inches deep. Said measurement shall be from the bottom of the grave to the surface.

 

(c) The owner or operator of any cemetery shall not permit the interment of any body on top of or within twelve (12) inches of another place of interment, unless such body is contained within a vault. For the purposes of this section a "vault" means a burial receptacle, which is usually constructed of reinforced concrete, inside which the casket is placed.

 

(d) Exception to subsections (b) or (c), above may be granted in writing by the city manager or his designee prior to interment.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-10. Permit required for interment or disinterment in cemeteries not regulated by Virginia Code Section 54.1-2310, et seq.

 

(a) It shall be unlawful for anyone other than a cemetery company regulated by Virginia Code Section 54.1-2310, et seq. and duly authorized to conduct business within the City of Hampton, to offer or sell places of interment or to inter or disinter within the City of Hampton without first obtaining a permit from the city manager or his designee.

 

(b) An applicant for a permit must provide information to the city manager or his designee on a form to be provided. All applications for permits to inter shall be accompanied with a statement of the plan for the perpetual care of the cemetery where the interment is to occur.

 

(c) A fee for this permit shall be set by the city manager or his designee and assessed to the applicant.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-11. Record of owners of places of interment.

 

The owner or operator of a cemetery established or enlarged wholly or partly within the city shall maintain a permanent record indicating the name and address of each purchaser or owner by any means, including gift, of a place of interment within that cemetery. This record shall also include the date upon which the grave was sold or transferred, and the amount for which it sold. This record shall be open to inspection at reasonable times by any city official or person who has purchased or owns a place of interment.

(Ord. No. 73; Code 1964, 10-3; Ord. No. 1322, 2-27-02)

 

Sec. 10-12. Record of interments.

 

(a) The owner or operator of a cemetery established or enlarged wholly or partly within the city shall maintain a permanent record indicating the name and date of interment of each person interred. Such record shall be open to inspection at reasonable times by any city official or person who has purchased or owns that place of interment.

 

(b) Each interment shall be identified by a permanent marker attached to the outermost container, or if no container, the body of the deceased. Such permanent marker shall include a name and/or number that is noted in the written record required by this section.

 

(c) Said record required by subsection (a), shall be filed with the city manager or his designee on or before June 30, annually.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-13. Map of places of interment.

 

(a) The owner or operator of a cemetery established or enlarged wholly or partly within the city shall maintain a map of all places of interment therein including but not limited to graves and a permanent record of the owner(s) thereof and/or person(s) buried therein.

 

(b) Such map shall include the information required by section 10-12 above. This map shall be open to inspection at reasonable times by any city official or person who has purchased or owns a place of interment therein.

 

(c) A copy of said map shall be filed with the city manager or his designee on or before June 30, annually.

(Ord. No. 1322, 2-27-02)

 

Sec. 10-14. Places of interment--Markers.

 

All interments in a cemetery established or enlarged wholly or partly within the city shall have markers of each interment for identification thereof. The owner or operator of a cemetery shall place a permanent, above ground marker at the bottom left corner of an interment. This identification shall correspond with and be noted in the record required by section 10-12. This requirement of a marker shall be in addition to any marker, monument or memorial that may be placed on a grave by the owner thereof.

(Ord. No. 73; Code 1964, 10-6; Ord. No. 1322, 2-27-02)

 

Sec. 10-15. When interments may be made.

 

Interment in a cemetery established or enlarged wholly or partly within the city shall only be made between one hour after sunrise and one hour before sunset.

(Ord. No. 73; Code 1964, 10-9; Ord. No. 1322, 2-27-02)

 

Sec. 10-16. Owners/operators responsible for upkeep of cemetery.

 

(a) It shall be unlawful for the owner, operator, or any other person who is responsible for the maintenance and upkeep of the real estate upon which a cemetery exists to permit the accumulation on such real estate of garbage, trash, rubbish, debris, litter or other refuse or to permit the accumulation of grass, weeds, underbrush or other plant material cut or uncut within twenty (20) feet of any place of interment.

 

(b) It shall be unlawful for the owner, operator, or any other person who is responsible for the maintenance and upkeep of the real estate upon which a cemetery exists to permit the grass or other plant material within twenty (20) feet of any place of interment to exceed six (6) inches in height.

 

(c) In the event that the owner, operator or any other person responsible shall fail or refuse to remove any accumulation referred to in paragraph (a) the city manager or his designee shall issue a notice to the owner, operator or person responsible to remove such accumulation within seven (7) days. Failure to comply with such notice shall be a violation of this section.

 

(d) In addition, if the notice referred to in (c), above cannot reasonably be given to the owner, operator or person responsible, or when such notice is mailed to their last known address and the owner, operator or person responsible fails to comply with such notice within seven (7) days of the date of such notice, the land may be cleared off, cut or cleaned by the city and the necessary expenses of such clearing, cutting and removal shall be chargeable to the owner, operator or person responsible. The city manager or his designee shall certify such expenses to the city treasurer. Such expenses when so certified, together with a fifty-dollar service charge, shall be collected pursuant to the same procedures and in the same manner as real estate taxes and shall be a real estate tax lien upon such real estate.

(Ord. No. 1322, 2-27-02)

 

Secs. 10-17--10-25. Reserved.

 

ARTICLE II.

 

PERMIT TO ESTABLISH OR ENLARGE*

__________

* State Law References: Establishment of cemetery within city to be authorized by appropriate ordinance, Code of Virginia, 57-26.

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Sec. 10-26. Required.

 

It shall be unlawful for any person to establish or enlarge a cemetery wholly or partly within the city, unless they first obtain a permit to do so from the city manager, in accordance with the provisions of this article.

(Ord. No. 73; Code 1964, 10-10; Ord. No. 1322, 2-27-02)

 

Sec. 10-27. Application generally.

 

Any person desiring a permit required by this article shall file an application therefor with the city manager.

(Ord. No. 73; Code 1964, 10-11)

 

Sec. 10-28. Information to accompany application.

 

(a) An applicant for a permit under the article shall submit to the city manager for his approval, based on sound planning, a development plan for the cemetery showing:

 

(1) Type of monuments to be permitted and to be installed.

 

(2) Number, size and layout of places of interment.

 

(3) Drainage facilities, both on and off-site, which will drain the area.

 

(4) Site plan showing the entire parcel to be used as a cemetery and a perimeter three hundred (300) yards around the cemetery, locating all roads, houses and buildings, and identifying the owners thereof.

 

(5) Street layout.

 

(6) Water supply.

 

(7) A plan showing the order in which places of interment are to be sold, which shall be in not more than four (4) acre divisions.

 

(8) A detailed plan for the perpetual care of the cemetery.

 

(b) An applicant for a permit under this article shall submit to the city manager certification of the irrevocable trust fund, if applicable, pursuant to state code.

(Ord. No. 73; Code 1964, 10-12; Ord. No. 1050, 6-10-92; Ord. No. 1322, 2-27-02)

 

Sec. 10-29. Application to be accompanied by consent of owners of residences in certain cases.

 

In the event that the consent of the owner of the legal and equitable title to a residence is required, by section 57-26 of the Code of Virginia, for the establishment of a cemetery, the written, notarized consent of such owner shall be submitted with the application for a permit required by this article.

(Ord. No. 73; Code 1964, 10-13)

 

Sec. 10-30. Fee.

 

Each applicant for a permit under this article shall pay to the city a fee of one hundred fifty dollars ($150.00) to defray the cost of inspection and study of the cemetery referred to in the application and the development plan submitted therewith. Such fee shall not be refunded, if the application is rejected or approved.

(Ord. No. 73; Code 1964, 10-14)

 

Sec. 10-31. Issuance.

 

Upon compliance with all the provisions of this chapter, the city manager is authorized to issue a permit for the establishment or enlargement of a cemetery within the limits of the city.

(Ord. No. 73; Code 1964, 10-15)

 

ARTICLE III.

 

ABANDONED CEMETERIES*

__________

* Editors Note: Ord. No. 1322, adopted Feb. 27, 2002, added Article III (title) to read as herein set out. See the Code Comparative Table.

__________

 

Secs. 10-32--10-40. Reserved

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council