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Pine Grove Cemetery Association Rules
The Pine Grove Cemetery Association manages and maintains the Pine Grove Cemetery of Brunswick and the funds established for the benefit of the Cemetery. The Trustee members of the Association are responsible for the sale of burial spaces within the Cemetery and for establishing the Rights of Interment and Rules governing internment in the Cemetery, as described below (or in future amendments or modifications asmay in the future be promulgated by them.
RIGHTS OF INTERMENT
1.1 Rights: The Association will issue a Right of Interment to bury human remains or to bury the ashes of a human being ("cremated remains" or "cremains", the latter action hereinafter referred to as an inurnment) collectively "Interments" upon the payment in full of the current price for such rights. Purchase of a Right in no way grants any other rights or privileges to the purchaser, and a Right is subject to these Rules. No Right shall be used for any purpose other than a burial or the memoralizing of the human dead, or the cremains of the human dead.
1.2 Contact: Individuals considering the purchase of a Right should contact the Association President who will be responsible for aiding the individual in making a decision to purchase.
1.3 Payment: Complete payment of the purchase price for he Right must be made to the Association before any burial is permitted. No partial payments will be accepted. Upon full payment for the Right, and signing of Grantee Acknowledgement Form, the Pine Grove Cemetery Association will issue an executed document signifying the granting of the Right.
1.4 Grantee: The Grantee is the individual who has purchased the Right from the Association, or has inherited the Right from a deceased predecessor Grantee. The Grantee “owns” the Right, but does not own real property. It shall be the duty of the Grantee (or Grantee’s descendents or assigns) to notify the Association of any change of address or ownership by inheritance. Any purported change in ownership must be supported by adequate evidence to the satisfaction of the Association.
1.5 Descent: The laws of the state of Maine govern the descent of that title to Right. Upon the death of a Grantee, the heirs or devisees of such person should file with the Association proof of ownership for the purpose of correcting the record. Notarized statements as to relationship and certified copies of wills or court decrees (if any) are normally sufficient.
1.6 Repurchase: The Association has no obligation to repurchase the Right from Grantees. Each and every request to repurchase shall be considered by the Trustees and will be decided on a case by case basis. Prior decisions to repurchase or not to repurchase the Right shall not have any bearing or influence on any subsequent request to repurchase. If the Association decides to repurchase the Right, it
will pay the Grantee no more than the price originally paid by the Grantee for the Right.
1.7 Exchanges: The Association may, but is not obligated to, allow exchanges of the Right for different burial sites within its Cemetery. The Association Trustees shall consider requests for such exchanges.
CARE OF BURIAL SITES
2.1 General: The general care of the surface conditions of the Cemetery is the responsibility of the Cemetery and includes cutting the grass, trimming trees and perimeter hedges, and raking and cleaning the grounds. The Cemetery does not assume the responsibility for caring for or planting flowers or ornamental plants, or repairing or replacing Monuments or Markers.
2.2 Burial Site: Burial Site is the basic unit of space within the Cemetery used or intended to be used for the burial of human remains. It is also referred to as a single “grave site” or “burial space”.
2.3 Boundary: No burial site shall be defined by a fence, railing, hedge, crypt or enclosure of any description. Boundaries that existed prior to the adoption of this rule in June 2015 may be maintained as a boundary, but no one is allowed to add to or replace them.
2.4 Artificial Decoration: No artificial decorations of any kind will be allowed anywhere in the Cemetery.
2.5 Cleanup: The Association shall conduct a fall cleanup between October 1 and November 15 of every year and a spring cleanup between April 1 and May 15 of every year. Any item of value to the Grantees shall be removed by the Grantee prior to the cleanup periods.
2.6 Removal: The Association, or their agent/designee has the right to remove all floral designs, vases, urns, decorations, flowers, shrubs, wreaths, plants, and other materials placed in the Cemetery that, in their opinion, become unsightly, dangerous, detrimental, diseased, or that otherwise interfere with normal maintenance of the Cemetery.
3.1 Timing: The Cemetery shall be open for Interments from 1 April thru 31 October of each year. Interments at other times may be authorized at the discretion of the President. Interments will not be permitted on Sundays, or federal or state holidays.
3.2 Notice: Forty-eight (48) hours notice (not counting Saturdays, Sundays or holidays) must be given to the Association by the funeral or burial service provider prior to all Interments.
3.3 Delay: The Association shall not be responsible or held liable for any costs or damages for any delay in an Interment due to a written, timely protest to the Interment by a third party, or where the Rules and Regulations of any law or ordinance has not been complied with. The Association is under no obligation to recognize any protest or an interment unless it is in writing and delivered to the Presidentof the Association.
3.4 Location: When an Interment is to be made, the location of such Interment shall be designated by the Grantee of the Right or their representative or agent. Should the Grantee or their representative fail or neglect to make such designation, particularly when the Grantee owns rights in multiple burial sites, the Association reserves the right to make or direct the Interment in a location designated by the President. An individual who presents himself or herself as having the authority of the Grantee for this purpose of locating an Interment shall certify in writing that they have such authority and accept full responsibility for their actions, and will hold the Association and it’s President harmless from any liability, including legal costs, on the account of such authority and disposition.
3.5 Instructions: Prior to the interment, Grantees or their heirs or representatives are encouraged to provide the Association a written communication as to the location of the burial. The Association cannot be responsible for a mistake as to the particular space or location in the plot resulting from lack of precise and proper written instructions (for example, mistake caused by any order given by telephone).
3.6 Grave Liners: In order to maintain a high standard of care and eliminate sunken graves, all inhumations must be made using rigid and durable outside containers (commonly known as “vaults”, “graveliners”, and “concrete boxes”) made of natural stone, reinforced concrete, or any similar container approved by the Association.
3.7 Limits: Plots 4’ x 12’*. Capacity of larger and irregular sites is determined upon application to the Board. Note: 5.9 Identification.
3.8 Prohibition: Approved Interments are to be performed only by a licensed funeral agent, however approved Inurnments may be made by individuals. Note: 3.2 (above) pertaining to prior notification for all Interments
3.9 Movement: Monuments and Markers may have to be moved or removed to gain access to burial sites for an Interment. The Grantee will insure the moved items are restored to their initial position as soon as time and weather permit.
3.10 Casket Once a casket containing a body is within the Cemetery, it shall not be opened except by a licensed funeral director or his or her assistants or on an order signed by a court of competent jurisdiction following the expiration of all appeal periods.
3.11 Fee The Cemetery will charge an administrative fee for all Interments, the amount to be determined by vote of the Trustees. Currently the amount is $250xx.
4.1 Plantings: No shrubs or trees are allowed. The Association will remove such plantings without notice. Shrubs that existed prior to the adoption of these rules may remain but must be maintained and as long as they do not inhibit the general operation of the Cemetery, but no one is allowed to add to or replace them. Any shrubs removed for burial purposes, disease, obstruction, or any other reason, may not be replaced.
4.2 Trees: Planting of trees is prohibited.
4.3 Burials: Planted materials may have to be removed to gain access to burial sites. The Association is not responsible for damage or losses resulting from removal of plant material during any interment process, and is not responsible for replacing them.
4.4 Perpetual Care: A Cemetery responsibility which is defined as the mowing and trimming of grass, perimeter hedges, and perimeter fencing.
4.5 Landscaping: The Cemetery will undertake to maintain, to the extent practicable, the planting and pruning of trees and shrubs to preserve the general landscape features of the Cemetery, but will not undertake to maintain individual plantings nor containers of plants.
4.6 Flowers: Planting of perennials is permitted, recognizing that care and maintenance are individual responsibilities.
Monuments and markers
5.1 Definitions: Monument shall mean any above grade level burial site identification object made of stone or stone and bronze. Marker (also commonly called “headstones” or “flush markers or memorials”) shall means any grade level burial site identification object made of stone or stone and bronze. To keep with the general look of the Cemetery all monuments must be of such design as to not take away from the adjacent memorials. All designs must be reviewed and approved by the Association or a committee tasked with that responsibility prior to ordering.
5.2 Location: The location of all Monuments and Markers shall be determined and marked out by a designee of the Association at the Grantee’s expense. The Grantee has no authority, either specific or implied to mark out the Monument or Marker by himself or herself or to cause his or her agent to do so. The Grantee is responsible for any and all costs incurred for remedying any error in their locating a Monument or Marker independently of the Association. All Monuments must have a foundation as approved by the Association.
5.3 Single Burial Site: A single burial site (defined as one no greater in width than four feet) shall have no more than one (1) Monument. The foundation base on a single burial site generally shall be no wider than thirty-six (36) inches. At the discretion of the Association, a Monument or Marker may have a base size of up to seventy-five (75%) of the width of the burial space.
5.4 Multiple Burial Sites: Multiple burial sites that abut each other may have a larger Monument than a single burial site, if approved in advance, but may not exceed seventy-five (75%) of the total width of the combined burial sites. The Association has the authority to approve applications for such Monuments.
5.5 Repair: Monuments and Markers erected by Grantees shall be maintained in a safe condition by the Grantee (including heirs and assigns), and the repair and replacement of same, after damage from any cause, shall be at the expense of the Grantee. Notwithstanding the primary maintenance responsibility of the Grantee, the Association may, at its sole discretion, undertake to clean Monuments and Markers for the betterment of the Cemetery.
5.6 Selection: The Association must approve all Monuments and Markers based upon durability, safety, aesthetics, quality of workmanship, and installation technique. Grantees are required to submit an application for Marker and Monument installation to the Association for approval prior to purchasing them.
5.7 Installation: Monuments and Markers may not be installed until all relevant fees and expenses have been paid. The Association must approve all installations.
5.8 Plot identification: Grantees must install a Monument or corner posts within six months of purchase of a site.
5.9 Interment/inurnment identification: All Interments must be identified by an inscription on the plot monument or by a flush marker.
6.1 Law: Disinterments are governed by Title 22, Section 2843, M.R.S.A. A permit for disinterment or removal of a dead human body must be obtained and a copy provided to the Association.
6.2 Cost: Cost of the disinterment shall be the responsibility of the party causing or seeking the disinterment. The Association may charge an administrative fee.
6.3 Opening: The Association will allow and observe the opening of a grave upon showing, to his or her satisfaction, of requisite identification, authorization documentation and permit. In all disinterment cases, the responsibility of the Cemetery shall be limited to identifying the grave only and the actual disinterment must be made by the person authorized to do so.
The Trustees reserve the right to enlarge, reduce, re-plot, or change the boundaries or grading of the Cemetery, or a section or sections thereof, from time to time, including the right to modify or change the location of, or remove or regrade roads, drives, or walks or any part thereof. The Association trustees also reserves the right to lay, maintain and operate, or alter or change, pipe lines or gutters for sprinkler systems and drainage purposes and to use Cemetery property, but not inconsistent with Rights already sold to Grantees, for Cemetery purposes, including Interment, or for anything necessary, incidental, or convenient thereto. The Association reserves to itself and to those lawfully entitled thereto, a perpetual right of ingress and egress over burial sites for the purpose of passing to and from other burial sites.
The Association reserves, shall have, the right to correct any errors that may be made by it or its agents in making interments, disinterments or removals, or in the description, transfer or conveyance of any Right. Such corrections may include cancelling such conveyance and substituting and conveying in lieu thereof other Right or other interment property of equal value and similar location as far as possible, or as may be selected by the Association, or, in the sole discretion of the Association, by refunding the amount of money paid to the Association on account of said conveyance. In the event such error shall involve the interment of the remains of any person in such property, the Association reserves the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.
Reasonable precautions will be taken to protect Grantees from loss or damage, but the Association will not be responsible for loss or damage from causes beyond their reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, malicious mischief-makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the same be direct or collateral.
Pine Grove Cemetery Association
GRANTEE ACKNOWLEDGEMENT FORM
I understand that it is my responsibility to read and follow the Rules of the Pine Grove Cemetery which are published on the Associations web site ______________ and also may be requested through the Association. I also understand and acknowledge that the Rules may be amended from time to time and that it is my responsibility to learn and follow such amended Rules.
Grantee’s printed name __________
Grantee’s signature __________
Date of Acknowledgement __________
Pine Grove Cemetery Association
RIGHT OF INTERMENT
Know all by these presents, that the Inhabitants of the PINE GROVE CEMETERY ASSOCIATION, a municipal corporation located in the County of Cumberland, in the State of Maine, in consideration of ___ Dollars, paid by ________ of _________, _________hereinafter referred to as Grantee, hereby give and grant to the said Grantee, his or her heirs and assigns forever, the right to occupy for the purpose of burial of human remains.
Gravesite(s) __________ of Lot Number/Range ______ the Cemetery, the plan of which is on file with the Pine Grove Cemetery Association.
This Right is granted and is to be held and enjoyed subject to the following conditions and restrictions:
1. The Cemetery is cared for and managed by the Pine Grove Cemetery Association and its Rules , as may be amended from time to time, must be observed at all times by the Grantee and heirs or assigns of the Grantee.
2. All Pine Grove Cemetery Association ordinances as have been or may be adopted shall be observed.
3. The Right may not be assigned or transferred without the consent of the Pine Grove Cemetery Association and such assignment or transfer must comply with the Pine Grove Cemetery Association, or its successor’s, Rules, as well as state law.
In WITNESS WHEREOF, the Inhabitants of the Pine Grove Cemetery Association have caused this instrument to be signed in its corporate name, by the President of the Association, this ______ day of ______, 20____
PINE GROVE CEMETERY ASSOCIATION
TRANSFER OF RIGHT OF INTERMENT
Application by Grantee to Transfer Interment Right
______________ of _________________ (Grantee) claim/claims ownership in and wish/wishes to transfer Right of Interment in Gravesite(s) of Lot Number/Range _____ of Section _______ of Pine Grove Cemetery to ______________ of _____________ in consideration of __________.Grantee will hold the Pine Grove Cemetery Association and all of their agents, trustees, employees, and officers harmless against any and all claims in regard to this transfer in the future, including legal costs. The conveyed Right of Interment will continue to be subject to all of the original conditions and restrictions, including the requirement to observe the Rules of the Pine Grove Cemetery Association or its successor.
Grantee(s) signature(s) Date
Consent by the Pine Grove Cemetery Association
Relying on the Grantee’s claim of ownership of the Right of Interment described above, we consent to the requested transfer.
Know all by these presents, that the Inhabitants of the Pine Grove Cemetery Association, Brunswick Maine, in reliance upon the statements made by the Grantee above, hereby transfer the Right of Interment described above from __________ to ____________ subject to the Pine Grove Cemetery Association’s (or successor’s) Rules, Pine Grove Cemetery By-Laws, and state of Maine statutes, including future amendments to all, this _____ day of __________, 20______.
PINE GROVE CEMETERY ASSOCIATION
_____________________By Its President
Burial Rights Easement (Transfer)
Witnesseth, that Pine Grove Cemetery Association, organized under the laws of the state of Maine, in the consideration of the sum of _________- in hand paid, grants and assures unto _______ the Grantee, the Right with the provision of Perpetual Care, in accordance with the Rules of Pine Grove Cemetery Association. Section: _____ Lot: _________ Graves: _______
Henceforth, Perpetual Care shall mean: The mowing and trimming of grass at usual and customary intervals or as deemed by the cemetery Management.
This grant is given and the Grantee shall hold it subject to the provided Rules and Regulations: with specific attention to the following:
1. This grant shall not be transferred without the signed consent of the original Grantee of his/her lawful assignee and subject to the written approval of the Association. The Association shall keep copies of such transfers on file.
2. Rights to said lot shall pass in lawful succession to family members in accordance with the laws of the State of Maine unless otherwise specified in writing by the Grantee, and filed with the Association.
3. The Landscape plans of Pine Grove Cemetery with respect to the location and varieties of trees and shrubs planted shall be adhered to, which plans among other things, provide (1) no trees, shrubs or bushes shall be planted by the grantee, (2) only plants approved by the Association shall be planted, and then only in approved planting spaces, and (3) the Association shall have the right to remove any planting which in the opinion of the Association, violate any rules, obstruct any adjacent lot, walk, hinder the normal operation of the cemetery, or in their opinion are injurious to the general appearance of the Cemetery. No artificial decorations are allowed. All said decorations will be removed and discarded.
4. The approval of the Association shall be obtained through application process before any monument is placed on the lot. Only such monuments as are permitted by the Rules shall be erected. The burden of keeping any such monument in a safe and proper state is the sole responsibility of the Grantee, his/her heirs or assigns.
5. In the event of breach by Grantee, his/her heir or assigns of any of the Rules of the Cemetery after written notice to said Grantee, the Right shall be automatically rendered null and void as to the said Grantee and shall revert to the Association. The Association at such time may avail itself of all legal and equitable rights and privileges to it under the law, to the extent as though the Right had never been granted; provisions being made however to protect whatever rights that may exist in the Grantee.
Upon acceptance of this Right you agree that you have read, understand and fully agree to all terms, provisions, conditions and limitations of the above Easement/license. You also acknowledge receipt of a copy of the Cemetery Rules & Regulations, which can be downloaded from ____________ Signed by its duly authorized agent this _________(day of)_______-