New York Not-for-Profit Corporation Code § 1505-A

Additional requirements for incorporation of crematories
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§ 1505-a. Additional requirements for incorporation of crematories.\n  (a) Approval. A cemetery corporation seeking the approval to operate a\ncrematory must submit for approval by the cemetery board the following:\n(1) a list of the directors, employees, and certificate holders of the\ncemetery corporation; (2) a certified survey of the site and location\nwithin the county it will be situated; (3) a business plan for the\noperation of the crematory to include, but not be limited to, number of\nexpected cremations per year, number of cremation units, manufacture,\ncapital costs, financing, anticipated number of employees, types of\nservices provided, pricing thereof; (4) a description of the impact of\nthe proposed crematory on other crematories within the county or whether\nthe crematory will have an adverse impact on the surrounding community;\n(5) plans, designs, and costs of any structures to be erected or\nretrofitted for the crematory use; (6) a description of any approvals or\npermits required by state or local law. No crematory shall be approved\nuntil such other approvals or permits have been obtained. Any board\napproval of a crematory shall be so conditioned.\n  (b) Further information. Within thirty-five days following receipt of\nthe information required by paragraph (a) of this section, the cemetery\nboard or the division of cemeteries may request from the cemetery\ncorporation any additional information or documentation and technical\nassistance deemed necessary to review such information. Such information\nshall not be deemed complete until the requested additional information\nhas been received. If no such request is made, the submission shall be\ndeemed complete on the thirty-fifth day after its receipt by the\ndivision.\n  (c) Determination. The cemetery board shall approve or deny the\nproposed crematory within ninety days of the completed submission.\n  (d) Notification. The cemetery board shall provide written notice of\nits determination to the cemetery corporation. If a negative\ndetermination is made, such notice shall state the reasons therefor.\nNotice shall be made by registered or certified mail addressed to the\ncorporation at its principal office.\n

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