[HISTORY: Adopted by the City Council of the City of Garfield 4-18-1978
by Ord. No.1648 (Ch. 173 of the 1979 Code). Amendments noted
where applicable.]
The words "public mausoleum," "niche," "crypt," "vault," "columbarium"
and "interment," utilized herein, shall be defined by reference to N.J.S.A.
45:27-2.
[Amended 5-16-1978 by Ord. No. 1653]
There shall be only one public mausoleum permitted per cemetery with
a maximum of 250 interments. Private mausoleums shall be unlimited in number.
[Amended 5-16-1978 by Ord. No. 1663]
Maximum height of all public mausoleum buildings shall be 20 feet and
the maximum size shall not exceed 7,500 square feet of ground area.
The minimum front open space setback shall not be less than 150 feet
from the property line. The minimum side open space setback shall not be less
than 150 feet from the property line. The minimum rear open space setback
shall not be less than 150 feet from the property line. No in-ground burials
or other cemetery uses are permitted within 50 feet of the exterior walls
of the structure. No mausoleum shall be constructed within 25 feet of a flood
zone or a one-hundred-year flood line.
No public mausoleum shall be constructed the exterior walls of which
are less than 12 inches thick if constructed of reinforced concrete, or 10
inches thick if constructed of natural stone or granite. In computing the
thickness of the exterior walls, any veneer which may be applied to the outside
surface shall not be computed as a part of the minimum required thickness
of the wall. The computable thickness shall be determined by reference to
a single homogenous monolithic formation of the bearing wall. All exterior
finished materials shall be of equal quality.
[Amended 5-20-1980 by Ord. No. 1723]
The Building Subcode Official of the City of Garfield shall determine
the suitability of the substance or material proposed to be utilized in the
construction of the exterior walls.
[Amended 5-20-1980 by Ord. No. 1723]
In the event the Building Subcode Official shall deem it necessary to
retain an independent expert to aid in his determination as to compliance
with the provisions of this chapter, he shall consult with the Mayor and Council,
who may retain such expert on behalf of the municipality.
No columbarium or crypt shall be permitted to open upon or be capable
of being opened upon the exterior walls of the building. There shall be no
access to crypts or columbariums during hours when the cemetery is not open
to the public. There shall be no more than two interments to a crypt. No crypt
or columbarium is to be below ground level.
The roof of a mausoleum shall be constructed of granite or prestressed
reinforced concrete. If prestressed reinforced concrete is utilized, it shall
be covered with suitable material to protect against the elements. No roof
structure shall be constructed at a pitch of less than 10°.
All venting and draining of crypts shall be accomplished through the
use of vertical vents and drains. There shall be no lateral or horizontal
venting or other openings permitted between interments. A vent or drain may
be utilized to service more than one interment if such multiple venting or
draining may be accomplished through the use of vertical facilities. Whenever
a vent or drain opening occurs in a crypt, it shall be suitably screened with
nonferrous screening material of proper mesh fine enough to reasonably prevent
the possibility of dissemination of insects, larvae or vermin from one interment
to another.
There shall be access roads to the mausoleum, and there shall be an
on-site parking area adjacent to the mausoleum for a minimum of 15 public
parking spaces or a number of spaces equal to 2% of the total number of interments,
whichever is greater.
[Amended 5-20-1980 by Ord. No. 1723]
Each interment is to be sealed, after entombment, with a cement slab
set flush against the concrete and mortared into place with an epoxy grout
which would be impervious to air and liquids. If a crypt provides for two
interments, each interment is to be sealed separately. Accurate records shall
be kept by the cemetery management of each interment, and the Building Subcode
Official and Health Department shall be notified immediately of each interment
for the purpose of inspecting the sealing of the crypt. The cemetery management
shall pay to the City the fee of $20 per entombment for said inspection. In
the event it shall be necessary for the Building Subcode Official or Health
Department to engage independent expertise, the cemetery management shall
bear the cost of said inspection and shall be guided by the expert's
recommendation.
No interment shall be made in any crypt of a disinterred body unless
such disinterred body shall first have been placed in a hermetically sealed
container, such as sheet metal or other material. If the coffin, casket or
other container in which the body was originally interred shall at the time
of disinterment be contained in a vault, the integrity of which has not been
disturbed, that vault shall remain undisturbed and reinterment in the crypt
or niche shall be made in that vault, where possible. All such disinterment
shall be subject to inspection by the State and Local Board of Health and
shall obtain a permit from said Boards for disinterment.
No expansion joint shall be located under any crypt or columbarium.
All mausoleums must be constructed in accordance with the requirements
of federal, state, county and local rules and regulations, standards and building
codes, including but not limited to fire prevention, safety and health codes
to the extent that same are more restrictive than this chapter.[1]
The mausoleum shall be subject to yearly health and structural inspection by an independent expert in each respective field, chosen by the Mayor and Council. The cost of said inspections shall be borne by the cemetery management. The independent experts shall report to the Mayor and Council, who shall notify the cemetery management of any violations within 20 days of receipt of the reports. If said violations are not corrected or correction is not commenced within 30 days following receipt of the notice, or if said corrective work is not completed within 60 days, a fine as provided in § 210-20 per day shall be imposed. If said corrective work cannot reasonably be completed within 60 days, cemetery management may apply to the Mayor and Council for an extension, which shall not be unreasonably withheld.
Cemetery management shall submit to the Mayor and Council a maintenance
program for the mausoleum, which shall include but not be limited to a maintenance
program to ensure the upkeep of the mechanical and physical operations of
the mausoleum. Said maintenance program shall be subject to the approval of
the Mayor and Council, and the cemetery management shall adhere to and include
in its program all reasonable requests and/or suggestions of the Mayor and
Council.
[Amended 5-20-1980 by Ord. No. 1723]
For purposes of defraying the cost of supervision of the construction
and/or erection of such building by the Building Subcode Official, the applicant
shall be required to pay to the City of Garfield the fee of $10 per interment
space and the fee of $5 per columbarium prior to the issuance of any building
permit.
[Amended 5-20-1980 by Ord. No. 1723]
No building permit shall be issued by the Building Subcode Official
for any new building or structure, nor shall a certificate of occupancy be
issued, unless the applicant provides proof of compliance with the requirements
of federal, state, county and local rules and regulations, standards and building
codes, including but not limited to fire prevention, safety and health codes
and the applicable sections of this chapter.
[Amended 4-25-2006 by Ord. No. 2457]
Any violation of this chapter shall be punished by one or more of the
following: a fine not exceeding $2,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
