N.Y. Not-for-Profit Corporation Law 1505-B – Additional requirements for incorporation of natural organic reduction facilities
§ 1505-b. Additional requirements for incorporation of natural organic
Terms Used In N.Y. Not-for-Profit Corporation Law 1505-B
- cemetery board: means the cemetery board in the division of cemeteries in the department of state. See N.Y. Not-for-Profit Corporation Law 1502
- cemetery corporation: means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation, natural organic reduction or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation or a private cemetery corporation. See N.Y. Not-for-Profit Corporation Law 1502
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- natural organic reduction: means the contained, accelerated conversion of human remains to soil. See N.Y. Not-for-Profit Corporation Law 1502
- natural organic reduction facility: means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs. See N.Y. Not-for-Profit Corporation Law 1502
reduction facilities.
(a) Approval. A cemetery corporation seeking the approval to operate a natural organic reduction facility shall submit for approval by the cemetery board the following:
(1) a list of the directors, employees, and certificate holders of the cemetery corporation;
(2) a certified survey of the site and location within the county it will be situated;
(3) a business plan for the operation of the natural organic reduction facility to include, but not be limited to, number of expected natural organic reductions per year, number of natural organic reduction units, manufacture, capital costs, financing, anticipated number of employees, types of services provided, pricing thereof;
(4) a description of the impact of the proposed natural organic reduction facility on other natural organic reduction facilities, if any, within the county or impact on the surrounding community;
(5) plans, designs, and costs of any structures to be erected or retrofitted for the natural organic reduction facility use; and
(6) a description of any approvals or permits required by state or local law. No natural organic reduction facility shall be approved until such other approvals or permits have been obtained.
(b) Further information. Within thirty-five days following receipt of the information required by paragraph (a) of this section, the cemetery board or the division of cemeteries may request from the cemetery corporation any additional information or documentation and technical assistance deemed necessary to review such information. Such information shall not be deemed complete until the requested additional information has been received. If no such request is made, the submission shall be deemed complete on the thirty-fifth day after its receipt by the division of cemeteries.
(c) Determination. The cemetery board shall approve or deny the proposed natural organic reduction facility within ninety days of the completed submission.
(d) Notification. The cemetery board shall provide written notice of its determination to the cemetery corporation. If a negative determination is made, such notice shall state the reasons therefor. Notice shall be made by registered or certified mail addressed to the cemetery corporation at its principal office.