[HISTORY: Adopted by the Town Board of the Town of Avon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cemeteries as special use in R-1 District — See Ch. 130, § 130-12D.
[Adopted 10-13-1983]
[Amended 9-8-2005 by L.L. No. 3-2005]
The Town Board, through the office of the Town Clerk, shall permit purchase of lots in any cemetery under its jurisdiction where said lots are available at a charge per cemetery lot as set from time to time by resolution of the Town Board.
All costs of interment, including grave opening and closing, suitable seating and marking, shall be performed by the owner or his heirs or legal representatives.
The Town Clerk shall cause to be made a survey of the available lots in each of the cemeteries under the jurisdiction of the Town.
[Adopted 2-22-2007 by L.L. No. 1-2007]
In order to ensure that the integrity and appearance of monuments and/or cemeteries within the Town of Avon, the Town Board hereby adopts an overall policy with respect to the consideration of proposals by which any individual or organization except for the Town Board of the Town of Avon desiring to use, or alter the appearance of, monuments and/or cemeteries for any purpose, whether artistic, political or otherwise, and whether such intended use would alter the appearance of such monuments and/or cemeteries temporarily or permanently.
As used in this article, the following terms shall have the meanings indicated:
CEMETERY
A place for burying the dead.
MONUMENT
A structure including but not limited to a building, marker, headstone, statue or sculpture erected as a memorial and located on public property or within a cemetery located in the Town of Avon.
A. 
Any individual or organization except for the Town Board of the Town of Avon desiring to use, or alter the appearance of, monuments and/or cemeteries for any purpose, whether artistic, political or otherwise, and whether such intended use would alter the appearance of such monuments and/or cemeteries temporarily or permanently, shall submit a complete application to the Town Board of the Town of Avon 60 days in advance of such proposed use or alteration.
B. 
Such application shall contain the following information:
(1) 
Name, address, phone number, facsimile number, and e-mail address of the applicant.
(2) 
If the applicant is an organization, the following documents:
(a) 
For a corporation:
[1] 
Certificate of Incorporation;
[2] 
Bylaws;
[3] 
List of shareholders, officers and directors.
(b) 
For a limited liability company:
[1] 
Articles of Organization;
[2] 
Operating Agreement;
[3] 
List of members and managers.
(c) 
For a not-for-profit corporation or other voluntary or fraternal organization:
[1] 
Certificate of Incorporation;
[2] 
Bylaws;
[3] 
Charter;
[4] 
List of members, officers and directors.
(3) 
A concise statement of the date, time and place of such intended use.
(4) 
A concise statement of the purpose of such intended use or alteration of the monuments and/or cemeteries.
(5) 
If the intended use contemplates any change in appearance of the monuments and/or cemeteries, whether temporary or permanent:
(a) 
A rendering, drawn to scale, and in color, of the precise nature in which the appearance of the monuments and/or cemeteries will be altered; and
(b) 
The type of material to be used:
[1] 
Vegetation;
[2] 
Metal;
[3] 
Wood;
[4] 
Scaffolding;
[5] 
Paint;
[6] 
Whitewash;
[7] 
Masonry;
[8] 
Letters;
[9] 
Words;
[10] 
Other.
(c) 
The duration of such use or change in appearance.
C. 
Upon receipt of an incomplete application, the Town Clerk shall notify the applicant in writing of the defects in such application.
D. 
Upon receipt, the Town Clerk will provide the Town Board with a copy of the complete application at a regular scheduled meeting of the Town Board. The Board may proceed to schedule a public hearing or take no action.
A. 
Upon a decision of the Board to hold a hearing, the Town shall send written notice of such hearing to the following organizations and entities within and of the Town of Avon prior to the holding of a required public hearing on such application:
(1) 
Superintendent of Public Works of the Village of Avon if the property is located within the Village of Avon;
(2) 
Director of Parks and Recreation of the Village of Avon if the property is located within the Village of Avon;
(3) 
Commander of the American Legion post within the Village of Avon or the Town of Avon;
(4) 
Commander, Chairman or Director of the Veterans of Foreign Wars post with the Village of Avon or the Town of Avon;
(5) 
Highway Superintendent of the Town of Avon;
(6) 
Code Enforcement Officer of the Town of Avon;
(7) 
Avon Preservation and Historical Society.
B. 
In addition to the aforesaid specific written notices, the Town Clerk shall give the same general notices to the public as would be given prior to any public hearing.
C. 
In reviewing all such application, the Town Board shall strive to preserve the integrity, dignity, solemnity, and appearance of all monuments and/or cemeteries honoring those buried, including veterans of the Untied States Armed Services. Any application which contemplates a permanent change of appearance of any such monuments and/or cemeteries shall be subjected to close scrutiny and shall be approved only if the structural integrity and appearance of the monuments and/or cemeteries will be enhanced or improved by such change.
D. 
The applicant will be notified in writing of the results of the public hearing. No actions can take place prior to notification by the Town Clerk.
Traditional ceremonies and displays held at such monuments and/or cemeteries honoring current and deceased members of the United States Armed Services, including but not limited to Memorial Day, Independence Day, Patriot Day, and Veterans Day shall be exempt from this application process.