N.Y. Not-for-Profit Corporation Law § 1505-a: Additional requirements for incorporation of crematories

§ 1505-a. Additional requirements for incorporation of crematories.

(a) Approval. A cemetery corporation seeking the approval to operate a

crematory must 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 crematory to include, but not be limited to, number of

expected cremations per year, number of cremation units, manufacture,

capital costs, financing, anticipated number of employees, types of

services provided, pricing thereof; (4) a description of the impact of

the proposed crematory on other crematories within the county or whether

the crematory will have an adverse impact on the surrounding community;

(5) plans, designs, and costs of any structures to be erected or

retrofitted for the crematory use; (6) a description of any approvals or

permits required by state or local law. No crematory shall be approved

until such other approvals or permits have been obtained. Any board

approval of a crematory shall be so conditioned.

(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.

(c) Determination. The cemetery board shall approve or deny the

proposed crematory 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

corporation at its principal office.