§ 24-135.02. Cemeteries.

(a)

When a proposed preliminary plan of subdivision includes a cemetery within the site, and there are no plans to relocate the human remains to an existing cemetery, the applicant shall observe the following requirements:

(1)

The corners of the cemetery shall be staked in the field prior to preliminary plan submittal. The stakes shall be maintained by the applicant until preliminary plan approval.

(2)

An inventory of existing cemetery elements (such as walls, gates, landscape features and tombstones, including a record of their inscriptions) and their condition shall be submitted as part of the preliminary plan application.

(3)

The placement of lot lines shall promote long-term maintenance of the cemetery and protection of existing elements.

(4)

An appropriate fence or wall constructed of stone, brick, metal or wood shall be maintained or provided to delineate the cemetery boundaries. The design of the proposed enclosure and a construction schedule shall be approved by the Planning Board, or its designee, prior to the issuance of any permits. When deemed appropriate, the Planning Board may require a limited review Detailed Site Plan in accordance with Section 27-286 of the Prince George's County Code, for the purpose of reviewing the design of the proposed enclosure.

(5)

If the cemetery is not conveyed and accepted into municipal ownership, it shall be protected by arrangements sufficient to assure the Planning Board of its future maintenance and protection. The applicant shall establish a fund in an amount sufficient to provide income for the perpetual maintenance of the cemetery. These arrangements shall ensure that stones or markers are in their original location. Covenants and/or other agreements shall include a determination of the following:

(A)

Current and proposed property ownership;

(B)

Responsibility for maintenance;

(C)

A maintenance plan and schedule;

(D)

Adequate access; and

(E)

Any other specifications deemed necessary by the Planning Board.

(b)

Appropriate measures to protect the cemetery during the development process shall be provided, as deemed necessary by the Planning Board.

(c)

The Planning Board, or its designee, shall maintain a registry of cemeteries identified during the subdivision review process.

(d)

Upon approval of a preliminary plan of subdivision, any cemetery approved in accordance with this Section which does not meet the regulations of the zone in which it is located, shall be deemed to be a certified nonconforming use unless otherwise specified by the Planning Board.

(CB-33-1990; CB-104-2012)