§ 91.06 CONSTRUCTION.
   (A)   Grave location. Upon notification by the owner or mortician of a proposed interment, the Cemetery Clerk, or his or her designee, shall perform the following:
      (1)   Ascertain that there are no outstanding fees due on the plot in question from prior interments or headstone foundations. No subsequent burials shall be authorized if unpaid charges remain. All fees and costs are due and payable before the burial process may begin;
      (2)   Ascertain the proper location and availability or the grave site by section, lot, and space;
      (3)   Transact the sale of the grave site if applicable, providing the purchaser with a deed to the property upon payment;
      (4)   Cause the grave site in question to be identified within the cemetery grounds and clearly mark same for grave opening;
      (5)   Arrange for the grave to be opened in a timely manner;
      (6)   Coordinate the timing, site location, and other pertinent issue with the attending mortician; and
      (7)   Sign all internment certificates.
   (B)   Headstone foundations administration. Upon notification by the owner or mortician of a requested placement of a headstone and/or the need for a foundation, the Cemetery Clerk, or his or her designee, shall perform the following:
      (1)   Ascertain that there are no outstanding fees due on the plot in question from prior interments or headstone foundations. No subsequent burials shall be authorized if unpaid charges remain. All fees and costs are due and payable before the burial process may begin;
      (2)   Require the owner to fill out any informational type form that the town may require to proceed with the construction of a headstone foundation, and to pay the deposit required as provided in § 91.03.
   (C)   Headstone foundation construction. The contractor designated by said owner or mortician shall perform the following:
      (1)   Provide the actual cost of construction to the owner both prior to and subsequent to the foundation construction; and
      (2)   Construction of a foundation shall be within the following specifications.
         (a)   All support foundations shall be placed parallel with the established west lot line and centered north and south within the four feet by eight feet lot space at the west end of each lot of Sections 1-11 and four feet by 11 feet lot space at the west end of each lot of Sections 12-17. Each foundation shall be in a uniform line with existing monuments and be flush with surrounding grade elevations.
         (b)   All permanent foundations shall be of sufficient size and depth to support the proposed headstone. A minimum depth of 36 inches reflecting a five-inch flare in each direction on the bottom with an eight-inch minimum foundation margin around the stone shall be maintained. Greater depths and wider margins may be necessary for large headstones or markers. The Cemetery Clerk, or his or her designee, shall make the final decision in all construction matters regarding sizing and depth of foundations. All permanent foundations shall be completed by the contractor.
         (c)   Temporary foundations reflecting a four-inch depth may be constructed if a second person will be interred utilizing the same stone. The construction of the temporary headstone shall be conducted by the contractor; however, upon the second interment, a standard foundation will be required as specified above, with the owner being responsible for the cost of removing the temporary headstone and constructing a permanent foundation.
         (d)   Contractors shall ensure that concrete used to form the foundation shall meet or exceed 3,000-pound test.
         (e)   Although construction of the finished foundations shall be at the town's direction, the contractor shall permit finished foundations to be inspected by the Cemetery Clerk, or his or her designee, prior to the setting of a headstone for compliance with this section. The Cemetery Clerk may order the foundation removed if found not to be in compliance with the foregoing specifications. Forms and other tools or equipment shall be removed from the site within 36 hours of constructing the foundation.
   (D)   Construction setbacks. All mausoleums, crypts, tombs, or other above ground interment facilities requiring multiple lots shall occupy a maximum of 50% of the available area and be centered upon the lot area.
   (E)   Military or other plaques.
      (1)   Plaques of whatever type shall be attached to the headstone if the headstone is currently used as a monument on the grave site.
      (2)   If no monument is on the grave site, the plaque may be attached to a beveled plaque stone which shall elevate the plaque to a minimum of five inches above the surrounding ground elevation. The foundation for the stone shall reflect the specification of depth and flare as stated above. However, a minimum foundation margin of four inches around the plaque stone shall be maintained.
      (3)   In any case where there already exists a military plaque or other marker as a footstone, said shall be permitted to remain so long as it remains in a good and undamaged condition. No replacement footstones shall be permitted. No new footstones shall be permitted.
   (F)   Use of an outer burial container required. With the exception of cremains, an outer burial container of sufficient design to prevent unreasonable settling of the earth over the container shall be required.
   (G)   Construction.
      (1)   A space shall not be used for any other purpose than a place of burial of human remains, and only one person may be buried in any one space, subject to that which is set forth in divisions (2) through (4) below.
      (2)   With the approval of the space owner, up to two cremated human remains may also be placed within any such space if other, non-cremated human remains are buried therein; however, if the space has no other non-cremated human remains buried therein, such space may be used for the burial of a total of four cremated human remains. There shall not be permitted the burial of non-cremated remains and more than two cremated remains in any one space.
      (3)   Any cremated remains buried within a space shall be placed in a non-biodegradable box, urn, or other such container or, if no such container is chosen, the biodegradable container utilized shall be encased in cement, and thereafter, any type of container utilized, whether biodegradable or not, shall be buried at a depth of not less than three feet, with said burial to be verified by the Town Manager or his or her designee.
      (4)   The cremated remains may be placed under an un-set headstone if so desired.
      (5)   The cost of the burial of cremated remains shall be the same as set forth in § 91.03.
(Ord. 2-2019, passed 2-4-2019)