Cemetery Rules

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ASHLAND MUNICIPAL CEMETERY

ASHLAND, MAINE

RULES & REGULATIONS

 

I    INTRODUCTION & DEFINITIONS

The Cemetery is a parcel of land located on Sheridan Road, legally belonging to the Inhabitants of Ashland.

The Cemetery Committee hereinafter referred to as the Cemetery, is responsible for the organization and maintenance of the cemetery.  The business of the cemetery is conducted according to its Rules and Regulations, which have been approved by Town Council.  Its five members are appointed by the Ashland Town Council.  The Town Manager is an ex-officio member.  All members serve without remuneration.

The Cemetery complies with all civil laws of the State of Maine and with all ordinances legally enacted by the Town of Ashland.

The Cemetery is a non-denominational, non-sectarian cemetery with lots being sold without discrimination with respect to race, color, or creed.  It contains approximately ten (10) acres, assuring the availability of lots for years to come.

The Cemetery enters into agreements with a person or persons who pay the current fees for gravesite lots, hereinafter referred to as graves or lots, and perpetual care.  The Cemetery will not change the conditions agreed above without the consent of the person concerned or his/her designated heirs.  The person or heirs of the person making the agreement with the Cemetery may not change the conditions of the agreement without the approval of the Cemetery.

Purchase of lot or lots does not constitute a legal transfer of ownership.  Legal title to the lots remain with the Town of Ashland.  The Agreement essentially constitutes a “right of burial” of designated person/persons.  The lot owner/owners agrees that no other use of the lot may be made without the consent of the Cemetery.  The lot  owner/owners agrees to comply with all the rules and regulations now in effect governing the setting of grave markers and/or monuments, the care and decoration of  graves, and with all the rules and regulations which the

Cemetery may issue in the future.  In issuing a receipt for payment for a lot/lots, the Cemetery assures the lot owner/owners that no one maybe buried in that plot without his/her consent or that of his /her heirs, and/or legally constituted agent.  Policy on sale of lots will be effective with the date of adoption of these Rules and Regulations by the Town Council.

 

II   BURIAL LOTS

 

PURCHASE

Requests for the assignment/purchase of a specific lot/lots for burial in accordance with these rules and regulations will be made to the Ashland Town Office.  The assignment of each lot to a lot purchaser will be arranged through a meeting between the individual/individuals and the Ashland Town Office.  At that time, the lot will be mapped, regulations explained and provided, and the deed, or certificate of right of burial, hereinafter referred to as the deed, will be issued upon receipt of the stipulated payment.

 

RESERVATIONS

Lots or single graves will not be held longer than thirty (30) days without arrangements being made to pay for same.

 

INTERMENT PRIVILEGE

The deed or certificate of right of burial gives only a right or privilege of interment of human remains and the right to provide a memorial.

 

PERPETUAL CARE

Fifty percent (50%) of the purchase price of cemetery lots will be set aside in a perpetual care fund, with the remaining 50% to be utilized for regular maintenance of the cemetery.  Perpetual care funds may not be expended by the Cemetery Committee or the Town of Ashland for any purpose.  These funds will be invested by the Treasurer under the direction and upon the approval of the Committee.  The income accruing as interest from these investments will be used for the general care, improvements, equipment and materials, etc., and the development of the cemetery.

 

The Cemetery Committee reserves the right and assumes the responsibility for the care of the cemetery, including all the graves, lots, and roadways.  This care includes but is not limited to:

- Mowing the grass area of the developed sections of the cemetery.

- Grading and seeding of grave lots.

- Trimming around monuments as needed.

- Maintenance of shrubs, trees, fences and gates.

It does not include maintenance of monuments, markers and their foundations nor maintenance of shrubs, trees, or flowers planted by individuals.

All work done by persons not hired by the Cemetery Committee must have the approval of the Committee or his/her designee, for which a permit is required.  Volunteer labor will be accepted under the direction and supervision of a competent person or approved by the Cemetery his/her designee.

 

FEES AND PAYMENTS

Fees for the lot and for perpetual care must be paid in full before any burial is permitted.  The Town Manager and/or Cemetery Committee may make an exception for the truly indigent, or in extenuating circumstances.  No work shall be done nor interments performed on any lot on which unpaid bills have accrued.

Fees may be changed upon recommendation of the Cemetery Committee and approval by the Ashland Town Council.

A current fee schedule is attached or may be obtained from the Town Office.

 

STRUCTURES, ORNAMENTS, AND DECORATIONS

No structures of any kind other than grave markers or headstones will be allow.

Family members will be responsible for maintenance of the headstone.  If family members are unknown, Cemetery Committee will assume perpetual care of the stones.

Artificial flowers should be placed on monuments or bases in such a way as not to interfere with mowing and maintenance. Artificial flowers need to be removed by Labor Day unless the flowers are mounted on the stone.

 

III   MEMORIALS, MONUMENTS, AND MARKERS

 

INSTALLATIONS

Markers and monuments must be placed in straight line with others in the same row.  Flat foot markers must positioned flush to ground surface level.  Corner lot markers must be positioned flush to ground level.  Headstones or any upright monument or marker must be placed at the head of the grave lot.  A headstone may never be located in a foot marker position.

 

MAINTENANCE AND ENGRAVING

The Cemetery will not be responsible for the maintenance of any marker, memorial, corner posts, or their attachments and foundations.  The Cemetery reserves the right to remove or cause to be removed any structure which could potentially cause physical harm to any person(s) or adjoining lot.

 

IV FLOWERS, PLANTS, SHRUBS, TREES, ETC.

No shrubs, flowers, plants, trees, etc., are to be planted except in designated areas approved by the Cemetery. None shall be planted on new grave lots. Natural flowers may be placed on monuments or as close to the bases in such a way as to not interfere with mowing maintenance.  Flowers, wreaths or other decorations left on lots may be removed by the Cemetery as soon as possible after they fade or become unsightly.  Window boxes, tubs, urns, and other similar containers will not be allowed after Labor Day.  Xmas decorations may be placed on graves sites after October 1 and must be removed by May 1.

 

V      BURIALS

OPENING & CLOSING GRAVE LOTS

The opening and closing of individual grave lots shall be arranged by the lot owner and the funeral director.  It is important the person designated as responsible for the grave lot give personal attention to location of the grave to be opened.  The Cemetery will be notified of a pending burial by the funeral director, and will assume responsibility for contracting the marking out of the grave site.  A private contractor or other competent individual will be hired to open and close the grave.  Payment of opening and closing charges will be the responsibility of the lot owner and must be paid in advance, unless other arrangements are made with the Cemetery or through the funeral director.

 

OUTER BURIAL CONTAINERS

No burial will be allowed without a minimum concrete, fiberglass, steel, etc., burial vault approved by the Cemetery.  The purchase and installation of the vault shall be arranged by the lot owner and the funeral director.

It is also advised to have cremains buried in a suitable permanent container in case of future removal.

 

BURIAL DATES

Burials will take place at the beginning of May, weather permitting, until the cemetery is no longer reasonably accessible in the fall due to heavy rains, frost, and/or snow cover.  Burial dates may be changed at the discretion of the Cemetery Committee.

 

DISINTERMENTS

Disinterment may only take place with a signed order from the next of kin of the deceased.  A licensed funeral director must be present, and State Law must be conformed to. Disinterment of cremated remains must also be ordered by the next of kin.

 

VI   FEES

 

PRICE ON CEMETERY LOTS AND STORAGE FEES

Each lot will be $200.00 ($100.00 Perpetual Care and $100.00 Maintenance)

Opening/closing will be $150.00. For Cremation the fee will be $50.00.

Storage fees for non-residence in the vault $100.00.

 

VII AMENDMENTS

The Cemetery Committee reserves the right to amend, modify, or make additions to these rules and regulations at any time without notice, subject to approval by the Town Council.  All reasonable means will be taken to notify lot owners of major changes.  No changes or amendments to these regulations may be in conflict with State Law or Town Ordinances.

 

APPROVED:

By the Cemetery Committee:  August 24, 2000

By the Town Council:   September 13, 2000