For those of you not familiar with the cemetery ordinance that was passed last year, here is the actual ordinance. Howard Curry Teater is actually the driving force behind getting this ordinance passed and enacted, as it has been his life's work to catalog and preserve all those old cemeteries. During our first gathering last year in Jessamine County, we all wanted to help in whatever small way we could, and supported Howard, Clyde and the others in Jessamine County, with our letters to the newspaers, elected officials, etc. After the assistance and hospitality we had all received from them, it was the least we could do and still will never thank them properly. Those of you who plan to attend this year, will be able to see first-hand, why saving these old cemeteries is so important. As Spring is rapidly approaching, I can only imagine the beauty that awaits all of us in Jessamine County in May. Hope to see you there. Shelia Below is the ordinance that was passed: JESSAMINE COUNTY CEMETERY ORDINANCE 3.9 CEMETERIES The intent of this section is to establish guidelines for developing or dividing land with cemeteries, and the general upkeep and security of inactive and private family cemeteries. Nothing in this ordinance shall exempt a property owner, developer of the Planning Commission from applicable state statutes and regulations (KRS and KAR). A parcel of land on which an inactive and private family cemetery is located may be used as allowed by the site’s zoning classification and other applicable regulations. Relocation or removal of grave sites shall be allowed only under applicable Kentucky Revised Statutes and Kentucky Administrative Regulations. 3.9.1 Preservation: Ownership of Cemetery on Tract Proposed for Development In preserving a cemetery, while at the same time developing or dividing a parcel, an applicant shall follow one (1) of the following options: a. Transfer the existing cemetery as part of a buildable lot. Ownership and maintenance of the cemetery would be left to the individual lot owner. b. Make the existing cemetery a separate lot. Ownership and maintenance of the cemetery would be assigned by written agreement with either the original owner of the cemetery, subdivision Homeowners Association, the developer of a subdivision, a local legislative unit, or an historical organization. c. In all of the above options, the developer and/or owner(s) shall comply with Section 3.9.2.(a)-(f). 3.9.2. Preservation and Maintenance These requirements shall be followed if a developer or property owner wishes to preserve an existing cemetery, while at the same time developing or dividing their property. The regulations outlined below apply only to private inactive family cemeteries and not to active cemeteries where grave sites are clearly identified by Planning Commission Staff. Any waiver of these regulations must be requested from the Board of Adjustment. If a private cemetery exists on a parcel of land and the exact location of grave sites is not able to be determined, or a cemetery is discovered during construction, a developer or property owner is advised to follow the procedures and guidelines stated in Section 3.9.3. a. Cemetery boundaries shall be established by the developer and submitted to the Architectural Review Board for approval. Request for approval should include evidence of location such as fences, walls, grave stones, natural features or recorded documents. If sufficient evidence for location of cemetery boundary does not exist then the Architectural Review Board may require developer(s) to have a professional archeologist view the site and make a determination as to the boundaries and potential number of grave sites. <BR> (1). No new structure or building addition shall be built within 30 feet of an existing private family cemetery regardless of adjoining property lines or land ownership. This 30 foot limitation is also required regardless of whether the cemetery is part of a building lot or is conveyed as a separate lot. The 30 foot limitation shall be in the form of an exclusive cemetery easement. (2). No grading, excavating, paving or land disturbance shall be allowed within thirty (30) feet of a cemetery. b. Developer shall repair or replace any existing cemetery fences or walls. Stone or masonry fences shall be replaced with the same type or suitable material. Existing cemetery fences or walls shall be repaired or replaced at time of development or prior to Final Plat or Final Development Plan approval. c. Developer shall be required to construct a new fence if one does not exist at time of establishment of cemetery boundary. Fence material shall fit with the character of the proposed development. The following materials are acceptable: Stone, Brick, Ornamental Iron, pressure treated wood (picket or plank constructed) with a quality of workmanship and material the guarantees a life expectancy of 20 years. d. At time of construction of new fence, dead or decaying trees and heavy underbrush shall be removed from the cemetery. Remaining trees shall be pruned to a height to create a clear vertical view of 8 feet. Ground cover shall also be established at this time. e. A statement by the property owner, applicant or developer shall be made on the Development Plan or Division Plat regarding cemetery ownership and maintenance. f. A Certificate of Land Use Restriction, Cemetery Easement and a Deed Restriction shall be recorded in the Jessamine County Clerk’s office acknowledging the location, size, ownership and maintenance of a cemetery. This information shall also be recorded on the Final Development Plan, and the Final Plat for a subdivision if not yet recorded. g. Public or controlled access shall be provided by the developer or owner to the existing cemetery with a minimum five foot wide recorded ingress/egress pedestrian Cemetery Access Easement accessible from a public or private street within the development. The recording of the Cemetery Access Easement shall follow the same guidelines in 3.9.2.(h). 3.9.3 Cemetery Preservation, Relocation and Discovery Procedures In order to assist property owners or developers in their cemetery preservation or relocation work, the following procedures and guidelines shall be followed. These procedures or guidelines are to be followed by each property owner or developer and shall be enforced by the Architectural Review Board and the Zoning Enforcement Officer. The procedures are based upon either cemetery preservation or relocation plans. a. Preservation of Existing Cemetery: If a property owner desires to preserve an existing cemetery while developing or diving his or her own property, then the property owner shall state his or her intent to the Architectural Review Board and the Jessamine County/City of Wilmore Joint Planning Commission in writing and follow the lot and maintenance requirements as stated in these Regulations. b. Relocation of an Existing cemetery: If a property owner desires to relocate an existing cemetery with advice from the Architectural Review Board, then the property owner shall state his or her intent to the Architectural Review Board and the Planning Commission in writing and follow the requirements for relocation per Kentucky Revised Statutes and Kentucky Administrative Regulations. Copies of all required state and local applications and permits during the relocation procedure shall be submitted to the Planning Commission and Architectural Review Board. c. Discovery of an Unknown Cemetery: If a property owner or developer unintentionally discovers a cemetery during construction, which was previously unknown, all work in the immediate area shall cease immediately. The property owner or developer shall be responsible to report this disclosure to the Jessamine County/Wilmore Planning Commission and Agricultural Review Board. As a result, the following steps should be taken: (1). First, the property owner or developer has the option of stating in writing to the Planning Commission and the Architectural Review Board whether he or she will preserve the cemetery in accordance with these and state regulations or relocate the cemetery in accordance with state law. Either option will result in a submittal to the Planning Commission a revised subdivision plat, development plan and/or zoning permit to be reviewed and approved by the Planning Commission. Planning Commission staff and the Architectural Review Board shall be available to advise the property owner or developer of the benefits of cemetery preservation versus relocation. (2). Second, if a property owner or developer decides not to report the presence of a cemetery that is previously unknown and attempts to conceal any evidence that a cemetery ever existed and discovery of this fact is presented to the Planning Commission or Fiscal Court, then the Planning Commission shall notify the property owner or developer in writing to stop construction work in the area surrounding the cemetery. At the next regularly scheduled Planning Commission Meeting, the property owner or developer must be present to discuss the matter and offer a solution. This solution shall include the following: a. The boundaries of the cemetery shall be identified by a professional (Kentucky Registered) archaeologist at the expense of the owner or developer; b. The cemetery fence (if it exists) shall be repaired, replaced or reconditioned at the owner or developer’s expense. The cemetery’s condition shall be returned to its natural state and maintained per Section 3.9.2 and ownership shall be established per Section 3.9.1.; c. Inspection of the cemetery preservation work shall be done periodically by the Planning Commission Enforcement Officer to insure that the work is completed in a reasonable amount of time. 3.9.4. Subdivision Regulations for the Jessamine County/City of Wilmore a. Articles III and IV of the Subdivision Regulations for Jessamine County/City of Wilmore shall be amended to reference this section of the Jessamine County Zoning Regulations.