PINE GROVE CEMETERY

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 as may 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 memorializing 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 the Right must be made to the Association before any burial is permitted. 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 descendants 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.

INTERMENTS

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.

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 President of 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 11’.  One full interment (above/below) OR up to six inurnments are allowed. 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 $250.

  
PLANTS

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 one year 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.
    

DISINTERMENTS

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.  

        
RESERVED RIGHTS

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.

 

CORRECTIONS

 

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.

DISCLAIMER

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.

 

FORMS

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Below are the three forms related to these Rights and Rules. The first two forms must be executed when a plot is initially purchased. The third form is required if and when the ownership of one or more plots is transferred to a different individual or individuals. These forms may be downloaded, reviewed, and then filled out and submitted to the Cemetery Association.

 

Grantee Rules & Regulations Acknowledgement

 

Right of Interment

 

Transfer of Right of Interment
    

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