ASSEMBLY, No. 5275
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 10, 2025
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywomen Peterpaul, Donlon, Assemblyman Scharfenberger, Assemblywomen Flynn and Haider
SYNOPSIS
Imposes locational restriction on construction of a new crematory.
CURRENT VERSION OF TEXT
As reported by the Assembly Commerce, Economic Development and Agriculture Committee on March 20, 2025, with amendments.
An Act concerning the construction of a new crematory in certain areas and amending P.L.2011, c.230.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2011, c.230 (C.45:27-40) is amended to read as follows:
5. a. A crematory shall be located only on dedicated cemetery property not exclusively devoted to: (1) the operation of a crematory; or (2) the operation of a crematory and the disposition of cremated remains. This [section] subsection shall not apply to a crematorium operated in conjunction with a funeral home pursuant to paragraph (4) of subsection c. of section 16 of P.L.2003, c.261 (C.45:27-16).
b. On or after 1[the effective date of P.L. , c. (pending before the Legislature as this bill)] January 1, 20251, the board shall not approve an application for construction of a crematory pursuant to section 4 of P.L.2011, c.230 (C.45:27-39), if the nearest boundary of the proposed crematory site is located within 1,000 feet of:
(1) a public school or a private school, as those terms are defined pursuant to N.J.S.18A:1-1;
(2) an area zoned primarily or exclusively for residential use; or
(3) a park, playground, picnic area, square, monument, beach, waterfront, recreation area, conservation area, or similar place or property.
(cf: P.L.2011, c.230, s.5)
2. This act shall take effect immediately 1and shall be retroactive to January 1, 20251.