§ 1506-e. Lease of cemetery lands.\n (a) Cemetery board approval. Except as set forth in paragraph (i) of\nthis section, no cemetery corporation shall lease any portion of its\nland without notice to and approval of the cemetery board.\n (b) Requirements for approval of a lease of cemetery land. The\napplication to the cemetery board for approval to lease cemetery land\nshall meet the following requirements:\n (1) The cemetery's lot owners or board of directors have approved the\nlease.\n (2) If the cemetery has any existing leases of land, it must disclose\nthem so the board can consider the impact of existing leases on cemetery\noperations.\n (3) In addition to its submission to the cemetery board, the cemetery\ncorporation shall, no earlier than ten days prior to such submission,\npost notices in the immediate proximity of the land proposed to be\nleased, the cemetery office and, in a manner so as not to violate local\nzoning ordinances or to create a traffic hazard, all entrances. Each\nsuch notice shall provide information written in plain English\nconcerning the proposed lease and, if the proposed lease includes\nconstruction of new structures or buildings, include a drawing, which\nshall be an accurate rendition of the proposed construction. In\naddition, such notices shall state the telephone number and address\nwhere comments may be received and the last date on which such comments\nwill be accepted, which shall be no earlier than sixty days following\nthe date the notices are posted.\n (4) The proposed lease has been negotiated at arm's length for a fair\nmarket rent and contains all of the agreements between the parties.\nWhere the proposed lease would be a related party transaction under this\nchapter, the cemetery shall disclose this fact and demonstrate\ncompliance with restrictions related to such transactions, as set forth\nin section seven hundred fifteen of this chapter, and the cemetery board\nmay require that the lease contain a clause by which the cemetery board\nmay set reasonable reporting requirements that would disclose any\nfinancial relationship between the lessor and lessee related to the\nleased property.\n (5) The initial lease term is not greater than forty-nine years, and\nthe cemetery demonstrates that such a term will not interfere with land\nneeded for burial purposes. Notwithstanding the provisions of this\nsubparagraph, the cemetery board may approve a lease with extensions of\nthe initial term not to exceed ninety-nine years from the date of the\ninitial lease, provided that the security shall be updated at year\nforty-nine and every twenty years afterward during the term of the lease\nand all extensions thereof, if applicable, and approved pursuant to\nparagraph (h) of this section.\n (6) If the proposed lease involves land adjacent to cemetery\noperations, the proposed lease requires the tenant to construct and\nmaintain a physical or visual buffer approved by the cemetery board,\nwhich may be vegetative, and that protects visitors to the cemetery, and\nthat otherwise complies with the requirements of this section.\n (7) The proposed lease requires the tenant to be responsible for any\nand all taxes, assessments, and charges related to its occupancy and use\nof the land, whether imposed against the tenant or the cemetery\ncorporation.\n (8) If the proposed lease includes permission to construct any\ninfrastructure, buildings or other structures, the application to the\ncemetery board shall provide for the removal of such infrastructure,\nbuildings or other structures after the cemetery retakes possession of\nthe land, unless the infrastructure, buildings or other structures are\nto be retained by the cemetery pursuant to paragraph (f) of this\nsection.\n (9) The proposed lease shall include an agreement to pay for the\nremoval of any proposed infrastructure, buildings and structures, except\nany that are approved to be retained as set forth in paragraph (f) of\nthis section, a
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