Jeannie,
First, please excuse my wording and writing, I'm a little rusty, it's been a
while.
I met on Wednesday, Nov. 16th with the Property owner, the Surveyor,
and the Developer on a Tract of Land scheduled for Development in Floyd Co.
The "CRONE" Cemetery 50' X 50' is located on the property. They are
scheduled
to go before the County Zoning board on Monday, November 21st, The Board wants
them to comply with all Laws Concerning Cemeteries in Indiana before they will
approve the Plat. I met with them Wednesday and explained about the 100' law.
I have known the property owner for about 45 years. He called me and asked if
I could meet them there and go over the cemetery size, and discuss cleaning
and fencing the cemetery.
They want to fence and clean the cemetery before the work starts. They
also wanted to know if they would be violating the Law if they used a
Landscaping Tractor with an Auger on the back to dig the fence post holes from the
outside of the cemetery. I advised them I really did not consider that
construction, since that is what the Trustee would have to do if he fenced it. The fence
will be larger than the actual cemetery. The only need to enter the cemetery
would be to cut and clean trees and small shrubs. There will also be 4 lots
that will extend into one side of the 100' , but these lots will only contain
yards, the houses constructed will be outside of the 100' . On the other side
there will be a 6' easement and a gate for access for access and visiting and
maintenance. They also asked about planting shrubbery around the cemetery, and
would this be a problem. There is a planed "GREEN" zone surrounding the
cemetery. They want to plant low growing shrubs like mixing in a few Burning bushes
with Evergreens so it would be aesthetically a part of the Subdivision. As of
now, there will be no encroachment on the 100' at any point. The owners
eventual plan is to Deed the cemetery over to the Township Trustee, and lock the gate
and give the key to the Trustee. This is what was done at the cemetery at
Southport, in Marion Co. A sign was posted that the key was at the Trustees
office, to visit, all you had to do was drop by and pick it up. This has turned out
to be very acceptable. This is not a cemetery that will be visited by anyone
more than maybe 1 or 2 people every tow years, if at all. The Last burial was,
I believe about 1875.
Now, what they need to know is, must they file a preliminary Plan,
since there will be no disturbing of the cemetery, or disturbing of the ground
around it. If so, exactly what would they need to do before they go to the
County Board Monday night for obtaining approval of the Plat. I'm sort of out of
touch since our accident April 1st. and my wife broke her neck in 3 places. I
guess what I need to know, is do they need to file a Preliminary Plan before
they get approval, or can they file one before they begin any work, outside of
cleaning and fencing the cemetery. (would the Landscaping tractor with the
Auger for digging the fence post holes make it necessary to file the plan
first.)
I thank you for your time, and due to the Monday meeting I would
appreciate some kind of an answer ASAP,
Sincerily,
Jack Briles
jackbriles(a)aol.com
Po Box 444
New Albany, In 47151-0444
(812)282-6585