(A) Burial space purchase eligibility. Cemetery lots, burial spaces and/or columbarium niches shall be sold only to residents or taxpayers of the Township of Spaulding, for the purpose of the burial of such purchaser or his or her heirs at law or next of kin. No sale shall be made to funeral directors or others than as heretofore set forth, except where a funeral director is acting as an agent or representative for an eligible purchaser. The Township Supervisor, however, is hereby granted the authority to vary the aforesaid restriction on sales where the purchaser discloses sufficient personal reason for burial within the township through previous residence in the Township of Spaulding, or relationship to persons interred therein.
(B) The Township Board shall have the authority to limit the number of cemetery plots sold to a particular person, or such person's family or relatives. In regard to adjoining burial spaces, an individual shall be limited to purchasing one burial space for him/herself and one adjoining burial space for his/her spouse. No additional adjoining burial spaces may be purchased. The Township Supervisor is hereby granted the authority to vary the aforesaid restriction based upon good cause shown by the purchaser.
(C) It is the purchaser's responsibility to inform the township of a change of mailing address.
(D) All sales of a lot/space/columbarium shall be made on a form approved by the Township Board, which grants a right of burial only and does not convey any other title or deed to the lot or burial space. Such form shall be executed by the Township Supervisor.
(E) All sales of cemetery lots or burial spaces shall be purchased through Spaulding Township. No purchases shall be made through a Cemetery Sexton. The funds tendered for the purchase of said lots/spaces shall be directed to the Township Treasurer. Once the transaction is completed, a form reflecting the purchase shall be executed by the Township Supervisor.
(F) The township shall have the right to correct any errors that may be made concerning internments, dis-internments, or in the description, transfer or conveyance of any cemetery plot, either by cancelling the permit for a particular vacant cemetery plot(s) in a similar location within the cemetery at issue or by refunding the money paid for the cemetery plot to the purchaser of the successor of the purchaser. In the event that an error involves the interment of the remains of any person, the township shall have the right to remove and transfer the remains so interred to another cemetery plot in a similar location in the same township cemetery in accordance with law.
(G) Transfer of burial rights. Burial rights may only be transferred to those persons eligible to be original purchasers of cemetery lots or burial spaces within the township and may be effected only by endorsement of an assignment of such burial permit upon the original burial permit form issued by the Township Supervisor, approved by said Supervisor, and entered upon the Supervisor's official records. Upon such transfer/assignment, approval and record, and payment of the fee as provided in § 94.25, the Supervisor shall issue a new burial permit to the transferee and shall cancel and terminate in such records the original permit thus assigned.
(H) Monies to prepare lot for burial. Monies paid to prepare a cemetery lot/space for burial, or other related tasks such as a grave opening, shall be paid directly to the township through the Township Treasurer. No other person/entity other than the township shall receive such monies. To the extent practicable the Township Clerk shall submit an invoice/bill to a funeral director for interment fees incurred. The payment called for by said invoice/bill is due upon receipt.
(Ord. 22-05-17, passed 5-17-2022)