§ 24.9. Cemetery creation requirements.
(a)
Permits. No cemetery shall be allowed in the unincorporated area of Cherokee County without the owner, creator, trust or other legal entity having first applied for and obtained from the planning and land use department, a permit approving the operation thereof. In addition to any other requirements set forth in this chapter, no permit will be granted without compliance with the following:
(1)
Survey. A plat of survey of the cemetery prepared by a state-registered land surveyor shall be submitted to the planning and land use department along with the application. Upon approval of the survey by planning and land use, the applicant shall file, or cause to have filed, two signed original copies of the survey with the superior court clerk for recording.
(2)
Minimum area. No cemetery shall be approved unless the survey provided for in this chapter indicates that the cemetery contains not less than two acres, the entire area of which shall be dedicated to and used only for cemetery purposes.
(3)
Land use compatibility. The location of the proposed cemetery is to be compatible with adjacent land uses, existing or proposed highways and any other elements or factors deemed by the county to affect the public health, safety and welfare of the inhabitants of the area surrounding the proposed location, including but not limited to the effect on aquifers, wells and ground water, the potential for pollution of nearby streams, lakes and other waters and the suitability of the soil composition for such use. Under no circumstances shall a cemetery be allowed within 250 feet from any known well, aquifer, lake or stream which in the determination of EPD requires a stream buffer.
(4)
Buffer area. The proposed location must contain a buffer area that is landscaped with trees and/or shrubbery on all sides of the site that is identified on the survey and is not less than ten feet in width.
(5)
Flood prevention. No cemetery shall lie in whole or in part within a floodplain and certification of the same must be provided upon the survey shown on the latest FEMA flood maps.
(6)
Identification of boundaries. The boundaries of the proposed cemetery must be clearly marked and delineated by concrete or metal pins or other permanent means of identification. No burials shall be permitted within 50 feet of adjacent property lines.
(7)
Ingress and egress. Adequate access, ingress and egress to and from the cemetery must be available by public road or private drive.
(b)
Additional requirements.
(1)
Fencing shall be installed around the perimeter of the cemetery of sufficient height and strength to keep dogs and wild animals from accessing the cemetery.
(2)
Any land disturbances in the construction of a cemetery must be subject to all sediment erosion and ground water run-off requirements applicable to other development projects as set forth in the ordinances and regulations of Cherokee County, Georgia.
(3)
All graves must be marked with an appropriate marker as defined herein that will allow law enforcement authorities to locate graves if necessary for any lawful purposes after interment.
(4)
All cemeteries shall be subject to the requirements of state law and regulations in effect or as they may exist in the future with regard to perpetual care, re-interment of remains and any such other conditions as may require remediation.
(5)
All human remains shall be buried in receptacles meeting state standards to protect against contamination of ground water, wells, and aquifers.
(6)
No human remains shall be buried less than the depth that is customarily used in the funeral industry in Georgia and in accordance with minimum standards for interment as may be adopted by the Secretary of State.
(7)
Remains of persons who die from communicable diseases must be buried by and under the supervision of a licensed funeral director in accordance with the rules and regulations of the State Funeral Service Board.
(8)
Human remains must be buried before they begin to decompose as evidenced by odor, or create a danger to the health, safety and welfare of others.
(c)
Health department approval. The approval of the proposed cemetery must be obtained from the Cherokee County Health Department and submitted with the application.
(d)
Appeal from denial. Appeals from the denial of a permit authorized by this section shall be to the board of commissioners of Cherokee County.
(e)
Exemption. Any cemetery which as of the effective date of this ordinance has received all necessary state, local and federal permits, has otherwise met all legal requirements to operate, is fully operational and is lawfully receiving human remains for burial, shall be exempt from the requirements of this chapter.
(Ord. No. 2012-Z-002, Att., 7-24-12)