(A) Lots and owners. The following provisions are applicable to lots and lot owners.
(1) Persons desiring to purchase lots should visit the cemetery where the management will aid them in making a selection. Payment for lots is to be made at the Town Clerk’s office and a deed to lot will be issued upon receipt of payment. A copy of the prices in effect for lot spaces is kept in the town cleric’s office. Prices are subject to change by the town without notice.
(2) Lots of various sizes are available in the cemetery, and hence such lots will not be subdivided.
(3) No lot shall be used for any other purpose than for the burial of the human dead.
(4) No easement or right of interment is granted to any plot owner in any road, drive, alley or walk within the cemetery, but such road, drive, alley or walk may be used as a means of access to the cemetery or buildings, as long as the Town Manager devotes it to that purpose.
(5) (a) The right to enlarge, reduce, replace or change the boundaries or grading of the cemetery, or a section or sections, from time to time, including the right to modify or change the locations of or remove or regrade roads, drives or walks, or any part thereof is hereby reserved.
(b) The right to lay, maintain and operate, or alter or change pipelines or gutters for sprinkling systems or drainage is also expressly reserved, as well as is the right of use cemetery property not sold to individual plot owners for cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto. The town reserves to itself and to those lawfully entitled thereto a perpetual right of ingress and egress over plots for the purpose of passing to and from other plots.
(6) Descriptions of lots will be in accordance with the cemetery plats which are kept on file in the Town Clerk’s office.
(7) The town will take all reasonable precautions to protect lot owners and the property rights of plot owners within the cemetery from loss or damage; but the cemetery distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(8) It is the duty of the plot owner to notify the town of any change in his or her post office address.
(9) The instrument of conveyance of these rules and regulations and any amendments thereto constitute the sole agreement between the town and the plot owner. The statement of any employee or agent, unless confirmed in writing by the town, shall in no way bind the cemetery.
(10) The Town Board of Trustees shall have the power to limit the placement of a community mausoleum for vaults and crypts for interments in restricted areas.
(11) No private mausoleum shall be allowed after May 1, 1985.
(Prior Code, § 11-204)
(B) Care of lots.
(1) The general care of the cemetery is assumed by the town.
(2) The general care assumed by the town shall in no case mean the maintenance, repair or replacement of any memorial, tomb or mausoleum placed or erected upon lots; nor the doing of any special or unusual work in the cemetery, including the work caused by the impoverishment of the soil; nor does it mean the reconstruction of any marble or granite work or any section or plot, or any portion or portions thereof in the cemetery, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or by the order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(3) Lot owners desiring additional care of their lots may arrange for such care through private contracts.
(4) The money received for perpetual care shall be held in trust and invested as provided by law. The town reserves the right, however, either to handle all investments itself, or to deposit the funds with any person, company or corporation qualified to act as trustee for such funds.
(5) Concrete walkways will not be allowed between lots.
(6) Foundations for grave memorials must be of concrete not less than five inches deep and extend no less than six inches around the circumference of the memorial. Foundation requirements shall pertain to all memorials, including double stones and family monuments and burial vaults that extend above the surface of the surrounding terrain. Foundations must be level with surrounding terrain:
(a) Grave memorials and foundations will not be installed until proper location have been verified by the Town Manager or his or her representative; and
(b) Each memorial, regardless of size, shall be subject to a setting permit fee as set forth in § 10.99. The fee shall be paid to the Town Clerk prior to installation of the memorial.
(7) No plot or lot shall be enclosed in any type of ground marker, curbing or fencing.
(Prior Code, § 11-205)
(8) The town will employ personnel responsible for upkeep and maintenance of the cemetery. These personnel will be responsible for maintenance of the cemetery including to mowing and any other upkeep as deemed necessary. Personnel will also be utilized in marking of graves prior to internment and marking of graves for setting of monuments, tombstones and the like. These personnel are to report any violations of cemetery ordinances or regulations to the Town Manager and are not permitted to directly enforce these violations.
(C) Descent of title. The laws of the state govern the descent of title to cemetery lots as well as other
matters pertaining to assignment, conveyance devices, trust deeds and inalienability. The town will assist any lot owner who desires information or advice on questions pertaining to his or her lot.
(Prior Code, § 11-206)
(D) The Mayor is hereby authorized and directed to sign any and all documents necessary to expedite implementation of this rates and policy for the Wellston Cemetery.
(Res. 2014-01-01, passed 1-23-2014) Penalty, see § 10.99