Burial means disposition of human remains by placing them in a grave or crypt, but does not include temporary storage.

Burial ground means any land or place in which human remains are placed in a grave or crypt, but does not include temporary storage.

Burial object means any material thing used for or in conjunction with the burial of human remains in a particular grave or crypt.

Cemetery means any land or place used or dedicated for use for burial of human remains or disposition of cremated human remains, and also includes a crematory located on dedicated cemetery property. It shall also include a burial ground.

Grave means a space for underground disposition of human remains or cremated human remains. A grave may include spaces for the disposition of human remains of more than one person, arranged by depth.

Human remains means a body, or part of a body, of a deceased human being.

Land use board means the township planning board or zoning board.

(Ord. No. 2007-84, § I, 12-11-2007)

To the extent applicable, all cemeteries shall conform to the requirements of the New Jersey Cemetery Act of 2003 (N.J.S.A. 45:27-1, et seq.). As a supplement to the requirements of the Act, the standards and requirements set forth in this article shall govern all cemeteries within the township. In the event any of the standards or requirements set forth in this article conflict with those in State or Federal law, the requirements set forth in state or federal law shall govern.

(Ord. No. 2007-84, § I, 12-11-2007)

(a)

In a parcel with a cemetery, burial ground, human remains or burial object(s), there shall be no land disturbing activity unless approved by the land use board. If an undeveloped parcel is adjacent to a known cemetery, there shall be no land disturbance permitted for any site plan or major subdivision in that parcel unless approved by the land use board.

(b)

As part of any application process for development or building permit, the applicant shall consult the township's list of known cemetery sites listed below:

(Ord. No. 2007-84, § I, 12-11-2007)

Notwithstanding any applicability of the New Jersey Cemetery Act of 2003, the following development standards shall be required as part of the application process for a site plan or major subdivision or for issuance of a building permit on any undeveloped parcel with a cemetery or on any regulated parcel adjacent to a known cemetery:

(1)

A report prepared by an archaeologist determining the boundaries of the cemetery and stating the number of graves believed to be present and their location as determined from the use of minimally invasive investigation techniques, including but not limited to remote sensing methods and the use of metal probes.

(2)

A survey of the cemetery prepared by or under the direction of a registered surveyor showing the location of the boundaries of the cemetery based on an archaeologist's report.

(3)

A 50-foot buffer shall be provided around the perimeter of the outermost graves. The location of the graves must be determined by an archaeologist. The 50 foot buffer permits grading within its outermost 25 feet. No improvements other than cemetery fencing shall be permitted. Within that 50-foot buffer, an inner 25-foot natural undisturbed buffer shall be provided around the perimeter of the outermost graves. A cemetery fence, as detailed below, shall be placed within the outer 25 foot buffer. If a cemetery is not on but adjacent to the parcel to be developed, a 25-foot natural undisturbed buffer measured from the perimeter of the outermost graves is required. Grading shall be permitted, but no structures other than fencing shall be permitted.

(4)

A temporary tree protection fence shall be installed on the outer perimeter of the 25-foot undisturbed buffer before any land disturbing activity occurs. If the cemetery is located on an adjacent parcel, the tree protection fence shall be located along common property lines. The temporary tree protection fence shall remain in place until construction is completed.

(5)

An aluminum or iron picket fence with a gate of a design approved by the land use board shall be constructed along the perimeter of a cemetery on a parcel for which land disturbing activity is sought. If the cemetery is located on an adjacent parcel, the fence shall be located interior to the required buffer and improvement setback or along the common property line(s) as may be approved by the land use board. The gate shall be four feet wide and have a latch.

(6)

Uninhibited daylight access to the cemetery shall be provided via a 20-foot graveled easement to the cemetery from the nearest public road. Such easement shall be recorded by deed in the office of the Middlesex County Clerk.

(7)

A maintenance plan for a cemetery located on the parcel for which approval is sought shall be provided by the applicant. Such plan shall be approved by the land use board and shall identify a responsible party to implement and maintain the maintenance plan.

(8)

The location of a cemetery, as identified by the surveyor, shall be included on the approved plans and recorded plat as applicable.

(9)

A small plaque/marker with the name of the cemetery, date range of burials and any other historical information may be placed on the cemetery fence, as required by the land use board.

(Ord. No. 2007-84, § I, 12-11-2007)

(a)

In the event any cemetery, burial ground, human remains, or burial object(s) are discovered during development or construction, where their existence was unknown at the time of application, the standards contained in this article shall apply.

(b)

Upon discovery of a previously unknown cemetery, burial ground, human remains, or burial object(s), the owner, developer and/or company conducting the land disturbing activity shall cease all such activity and notify the township immediately. No such activity shall begin again until approval is given by the township.

(c)

In the event the owner, developer and/or company conducting the land disturbing activity fails to cease all such activity, the township engineer or code enforcement officer may issue a stop work order, which shall remain in effect until approval for continued activity is given by the township.

(Ord. No. 2007-84, § I, 12-11-2007)