(A) Title to a cemetery lot vests in the owner the right to use the lot for burial purposes only for himself or herself, his or her heirs or for any other person the owner may choose. The cemetery lot and its owner, the owner’s heirs and the owner’s representatives are at all times subject to the provisions of this chapter, the terms and conditions contained in the title to the cemetery lot and to any other rule, regulation, policy or procedure, by whatever term designated, that may be in force from time to time. The right to enter upon or cross over any lot in the cemetery is reserved to the town and its authorized agents. When a person purchases a cemetery lot, the person shall be provided a copy of this chapter and any rule, regulation, policy or procedure, by whatever term designated, then in force and the person shall acknowledge in writing receipt of the materials.
(B) Each cemetery lot must be marked with either an iron post or concrete comer marker placed on each cemetery lot comer and set at or below ground level. Copings may be placed on the cemetery lot if the coping is set at ground level. A placement fee is required before copings are added.
(C) The cemetery manager shall maintain a record identifying the portions of the old section of the cemetery where the cemetery owner has unrestricted privileges to erect monuments or grave markers of any size and design. In all other areas of the cemetery, monuments and markers must be set at ground level. As used in this section, the term
THE OLD SECTION OF THE CEMETERY means the area of the cemetery ending at Section S from Richland Street, Second Street running parallel to Kirkland Avenue. The cemetery manager shall maintain one or more maps to identify the different areas of the cemetery. (See § 12-6(D).)
(D) (1) The following items or structures are prohibited on or around any lot in the new cemetery sections:
(a) An enclosure of any kind including, but not limited to, hedges and fences;
(b) Stones, rocks or gravel;
(c) Raised corners;
(d) Trees;
(e) Shrubbery; and
(f) Natural grown grass is the only permitted plot cover. The use of any type artificial or synthetic grasses or turfs for plot cover is prohibited. If existing artificial or synthetic grass is deteriorated or destroyed beyond 25%, it must be removed and cannot be replaced.
(2) The committee or cemetery manager may order the removal of any item or structure on a cemetery lot that is prohibited by this chapter. The cost of removal by the town shall be assessed on and collected from the cemetery lot owner, the owner’s heirs or owner’s representative.
(Ord. 2021-003, passed 3-15-2021; Ord. 2022-001, passed 2-21-2022)