South Buxton
Cemetery Association
Rules and Regulations
Revisions Effective August 20, 2020
CONTENTS
GENERAL INFORMATION - Page 3
RULES AND REGULATIONS - Pages 3 & 4
BURIAL LOTS - Pages 4 & 5
FLOWERS, PLANTS, SHRUBS AND WREATHS – Page 5
SINGLE GRAVES – Page 6
TRANSFER OF LOTS – Pages 6
BURIALS – Page 6 & 7
REMOVALS – Page 7
MEMORIALS – Pages 7 & 8
FOUNDATIONS – Page 8
INSTALLATION & REMOVAL OF STRUCTURES – Pages 8 & 9
WOODMAN SECTION – ADDITIONAL RULES – Page 9
COLUMBARIUM – Pages 9, 10 & 11
AMENDMENTS – Page 9
GENERAL INFORMATION
LOCATION: The Cemetery property is located at Route 112 and Woodman Road in Bar Mills, Maine.
NON-SECTARIAN:
NON-PROFIT: The Association is conducted not for profit, but solely for the interests of the lot owners. Any income from whatever source is expended upon the maintenance or improvement of the cemetery or is added to funds created for this purpose.
MANAGEMENT: The Association is under the direction of a Board of Directors who is chosen by the proprietors at an Annual Meeting and who serves without remuneration.
RULES AND REGULATIONS
GENERAL APPLICABILITY: The Rules and Regulations of the South Buxton Cemetery Association are adopted for the common protection of all lot owners and the preservation of the natural beauty of the cemetery grounds.
SUPERINTENDENT: The Superintendent or his representative, shall have the authority to enforce all rules and regulations and to exclude from the cemetery any violators thereof. The Superintendent will be available at the Office and on the grounds of the cemetery.
HOURS: The cemetery shall be open from April to December dawn to dusk as weather permits.
RECREATIONAL USE OF THE CEMETERY: No recreational activities are allowed in the cemetery.
DOGS: Dogs allowed only in driveways and must always be on leash. You are required to clean up after your dogs.
TRAFFIC: Speed limit is five miles per hour. All vehicles must be operated by a licensed driver and be properly insured and registered in accordance with State of Maine Motor Vehicle Traffic Laws, this includes the distracted driving laws.
RECREATION VEHICLES: Snowmobiles, ATV’s, dirt bikes and all other off-road vehicles are prohibited by State Law.
VISITORS: Visitors must not park on the grass, pick flowers or injure trees or shrubs and in all cases must observe the proprieties of the Cemetery.
SOLICITING: Solicitation of business in the Cemetery is prohibited.
CONDUCT: Improper conduct or violation of the rules by anyone will result in a request to leave the Cemetery.
RESTRICTIONS: The Board of Directors shall have authority to classify lots or sections of the Cemetery and to put special restrictions thereon as to the permissibility, number, kind, size, and location of memorials, plantings, decorations and structures or other objects. Such restrictions will be documented in the Rules and Regulations and will be enforced by the designated Superintendent of the South Buxton Cemetery.
RESPONSIBILITY FOR LOSS OR DAMAGE: The Cemetery shall take reasonable precaution to protect owners, and the property rights of owners, within the Cemetery, from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosion, unavoidable accidents, invasion, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than herein provided.
SPECIAL INSTRUCTIONS: All special instructions should be given in writing. The work may only be accomplished by Cemetery employees or under the Superintendent’s supervision.
CORRECTION OF ERRORS: The Cemetery reserves the right to correct any errors that may be made either in making interments, disinterment or removals, or the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting any other conveyance in lieu thereof other interment property of equal value and similar location as far as possible or as may be selected by Management, or, in the sole discretion of the Management, by refunding the amount of money paid on account of such purchase. In the event of such error shall involve the interment person in such property, the Cemetery reserves, and shall have 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.
BURIAL LOTS
PURCHASE: Anyone desiring to purchase a burial plot should apply to the Cemetery office.
RESERVATIONS OF LOTS OR SINGLE GRAVES: Lots or single will not be held longer than 30 days without arrangements to pay for same.
INTERMENT PRIVILEGE: The burial plot grant gives only a right or privilege of interment of human remains.
SPECIAL DECORATIONS: Arrangements may be made, with reasonable notice, to have bouquets placed on lots or graves for special occasions.
UNPAID BILLS: No work shall be done, nor interments made, on any lot on which unpaid bills have accrued.
STRUCTURES: No free-standing structures that are not supported by a foundation including statues of any kind other than grave markers or lot monuments may be placed on lots or single graves.
ILLUMINATION: Each lot may have up to two solar lights, not more than twelve inches in height and less than twenty-five lumens each, within twelve inches of the up-right monument. No illumination is allowed at the columbarium.
ORNAMENTS, ETC.: The placing of glass objects of any type, shells, toys, metal designs, ornaments, chairs, settees, vases, fences, shepherd’s hooks, trellises or other similar articles upon plots will not be permitted. Non-glass personalized items may be left as memorials on the base of monuments April thru September, items must be removed annually by October 1st.
FLAGS: American, Military, Firemen, Police, brotherhood and other fraternal order flags are allowed and shall not exceed 12” by 8” and shall not be higher than 3 feet.
EDGING: Black plastic landscape edging is permitted, not more than one inch above ground grade, all other edging materials are not permitted.
INTERMENTS PER GRAVE: No interment of two or more bodies shall be made in one grave except in the case of mother and infant child, or two infants, or an infant and two cremations, or an adult and a cremation, or up to two cremations for lots purchased after April 15, 2014, provided only one marker/stone is used with all inscriptions on same.
FLOWERS, PLANTS, SHRUBS AND WREATHS
Flowers, wreaths and other decorations left on lots will be removed by Cemetery staff as soon as possible after they fade or become unsightly.
Plastic flowers are not permitted at anytime and will be removed by Cemetery staff.
Neither shrubs nor bushes of any kind can be added in any section of the Cemetery. The Cemetery reserves the rights to remove any plantings, etc. that are not allowed, become unsightly, are planted incorrectly, or are infringing upon an adjoining lot or obstructing operations of the cemetery.
Window boxes, tubs, urns and other similar containers are allowed, inside permitted areas, twelve inches around stones and monuments.
No white marble, granite chips or other rock materials will be allowed. Only bark mulch or wood chips will be allowed.
Gardens are limited in size; limited to twelve inches around stones and monuments.
Frost effected annuals and perennials shall be removed or cut back by October 1st.
SINGLE GRAVES
SHRUBS, BUSHES, ETC.: No structures, bushes, flowering shrubs or evergreen shrubs of any kind may be placed on single graves.
MARKERS: Grave markers/foot stones shall be set flush with the surface of the ground and are limited to one per grave.
TRANSFER OF LOTS
No owner or proprietor of any lot or lots located in the Cemetery, or the representative of such an owner or proprietor as defined under the provisions of the by laws of the South Buxton Cemetery Association shall sell, transfer and/or convey any interest in such lot or lots or single graves for any consideration without first offering in writing to convey the same to the Association for the amount which the records of the Association shall disclose as the total consideration which the Association received for said lot or single grave or graves. If, upon expiration of sixty days from the receipt of said offer, said Association shall have failed to accept such offer, then in that event such sale, transfer or conveyance of said lot or lots, or single grave or graves may be made to any third party provided always that the new owner shall remain expressly subject to the By-Laws and Rules and regulations of the Association now or hereafter in force and to the provisions of the State of Maine now or hereafter in force.
BURIALS
INTERMENT ORDERS: Orders should be given to the Cemetery at least forty-eight hours before the time of interment. It is important that the person designated as responsible for the plot give personal attention to the location of the grave or graves.
TELEPHONE ORDERS: The Cemetery will not be responsible for mistakes occurring when orders are given by telephone.
WORK BY THE CEMETERY: All interments and disinterment shall be made by employees of the Cemetery upon payment of such charges as may be fixed from time to time by the Cemetery.
PERMANENT: No burials will be allowed without a vault or grave liner approved by the Superintendent, and it is required to have any cremations buried in a permanent non-biodegradable rigid container, excluding china and glass in case of future removals.
SUPERVISION: All funerals, upon arrival at the cemetery will always be under the supervision of the Superintendent or his representative.
OPENING AND CLOSING CHARGES: The cost of interments or disinterment can be obtained at the Cemetery office. Undertakers or authorized persons will be responsible for charges in all cases, to be paid at the time of interment or disinterment.
WINTER BURIAL OR CREMATIONS: Will not be allowed from November 15 through April 15; only as weather allows at the discretion of the Superintendent.
COLUMBARIUM: Inurnments may be completed year-round as weather permits. See the columbarium rules section for additional information.
SATURDAY CHARGES: An extra charge will be made for all burials on Saturday
LATE ARRIVAL CHARGES: An additional charge will be made for funerals arriving after 3:30 P.M. on weekdays and after 1:00 P.M. on Saturdays.
SUNDAYS AND HOLIDAYS: No interments will be made on Sundays and legal holidays.
REMOVALS
Removals will not be made without a signed order from the next of kin and the owner of the lot or grave, unless by court order. A licensed funeral director must be present during the removal. Removals will not be made on Saturdays, Sundays or Holidays.
MEMORIALS
Bronze markers are allowed if desired but must be set flush and kept to size limitations and be secured to a concrete foundation. Similar foundations are required for all stones.
Designs, locations and materials for all monuments and markers or other structures must be submitted to the superintendent for approval prior to signing of any contracts or giving instructions.
INSTRUCTIONS FOR LOCATION OF MONUMENTS & MARKERS:
Monuments or markers must be set back six inches from walk on all lots. Monuments on four and six grave lots must be in Center and all markers to face the walk. All monuments must be set on concrete base, which extends below frost line.
FOUNDATIONS
All foundations are to be constructed by the Cemetery. They will be made of concrete and will be finished at least two (2) inches below grade.
The cemetery will not construct any foundations from November 1st through May 1st.
INSTALLATION & REMOVAL OF STRUCTURES
No memorials, monuments, markers or headstones may be placed or removed from any lot without permission of the superintendent. The owner of the plot will be held responsible for the removal of any memorials, etc. illegally placed on a lot or grave.
All workmen employed by contractors or sub-contractors of the Association shall be subject to the control and direction of the superintendent.
In order to protect areas over which heavy material are to be moved, workmen will be required to lay protective planking.
Moving stones, etc. across adjoining lots or attaching guide rope is forbidden except as the superintendent gives permission.
All work must be done during Cemetery working hours and cease at closing time.
Any violation of any rules or regulations will result in a ban of that individual or company from doing any work in this cemetery in the future.
Any memorials, monuments, markers or headstones that are being removed for the purpose of repairs must be approved by the superintendent before it can be removed from the cemetery. The firm or persons that are removing the stones and/or doing repair work on stones must show proof of insurance and the cemetery takes no responsibility for injury or damage during the removal or restoration of stones.
WOODMAN SECTION – ADDITIONAL RULES
Personal Markers must be placed at ground level.
The Center Monument may be an upright Monument.
When there is a Center Monument there shall only be a flower garden at the Center Monument and not at the Personal Markers.
There shall be neither personal shrubbery nor bushes on the lots.
COLUMBARIUM
These Rules and Regulations are adopted for the common protection of the owners of all niches and the preservation of the natural beauty of the cemetery grounds. All owners and visitors within the cemetery, and all lots, single graves, crypts, niches, and other inurnment space conveyed, shall be subject thereto and to such other rules and regulations, amendments or alterations as shall be adopted by the Board of Directors from time to time; and the reference to these Rules and Regulations in the burial grants, contracts, or other instruments issued by the Board of Directors of the South Buxton Cemetery Association shall have the same force and effect as if they were set forth in full therein. The cost for a niche space or spaces shall include a bronze name plaque. Inurnments shall be made during normal working hours, except for those done on Saturday, Sunday and Holidays when there will be an extra charge. There will be no inurnments on the following: Memorial Day, July 4th, Thanksgiving & Christmas.
1. Sales or transfers other than by gift, inheritance or devise of columbarium niches by the owners thereof will not be permitted, except as outlined in the Association's Rules and Regulations. 2. No inurnments shall be permitted in any niche in the columbarium until all payments due the Association have been made. 3. All inurnments must be made subject to the rules and regulations of the Association and all federal, state and local laws, ordinances, and regulations. 4. Only one human cremated remains per single niche and two per double niche will be allowed. No inurnment of cremated animals will be permitted. 5. The container for cremated remains to be inurned shall be of material approved by the Association and shall be of a size suitable for the niche. (No Cardboard Boxes) The Superintendent or their representative shall have full authority to refuse to accept for inurnment any receptacle deemed unsuitable. SIZE: SINGLE NICHE 11 " x 11 " x 11" deep. (11 x 11 @ Back End) DOUBLE NICHE 11 x 11 x 23 deep (10 x 10 @ Back End) 6. No dis-inurnment of cremains in the columbarium will be permitted except upon written order of both the recorded owner and appropriate heirs of the person whose cremains are to be moved or disentombed, or upon order of a court of competent jurisdiction and except upon full compliance with all applicable federal, state and local laws and the Rules and Regulations of the Association. 7. No inurnment in any niche in the columbarium shall be permitted except upon written order of the record owner of the rights of inurnment in such space, or if such record owner be deceased or otherwise unavailable, upon such appropriate evidence as may be required by the Association that the person whose cremains are to be inurned has been designed for inurnment by the record owner. 8. Interment will be made during normal interment hours and conditions. 9. The Association shall not be liable for the identity of cremains to be inurned. 10. Inscriptions on niches shall be a bronze plaque supplied by a firm selected by the Association. 11. All removals and dis-inurnments shall be done by or under the supervision of the Association's personnel. The Association will exercise reasonable care in making a removal, but it assumes no liability for damage to any urn occurring in the process of making a removal. 12. Funeral decorations will be removed in seven days after the inurnment or whenever they are become unsightly or at the discretion of the Superintendent or their representative. The Association will assume no responsibility for the safekeeping of any floral memorial or container. 13. No floral memorials or other ornamentation will be attached to columbarium. The Association reserves the right to remove any such ornamentation or correct any such alteration at the expense of the owner without being deemed guilty of any manner of trespass. 14. Artificial flowers or decorations are not permitted and will be removed immediately. 15. If a niche shall become vacant by the removal of cremains without the consent of the Board of Directors, all rights of the owner in said niche shall revert to the Association. The Association reserves the right to retain all funds related to that niche. 16. If an owner shall purchase an internment space of equal or greater value from the Association, the original price for niche will be allowed in part payment for the said space, less the cost of replacing the bronze plaque 17. If the niche be destroyed or damaged for any reason the Association may cause any cremains inurned therein to be either promptly interred elsewhere in the cemetery or delivered on written request to the owner or representative of the niche in which they were inurned, or temporarily placed in a receiving tomb pending restoration of the niche and upon restoration re-inurned therein, in such case as the Board of Directors of the Association shall determine in view of the extent of the destruction or damage inurned remains, to the niche, the structure containing it, and columbarium itself and the advisability of restoration. 18. The Association reserves the right to correct any errors made by it in granting any niche either by substituting other inurnment property of like kind, equal value similar location, so far as possible, or as may be selected by the Association, or by refunding the amount of money paid on account of said purchase. 19. The grant of inurnment right in a niche gives only a right or privilege of inurnment of cremated remains, the ownership in fee to the land and the structure remaining always in the Association.
AMENDMENTS
The Board of Directors reserves the right to amend and modify or make additions to these rules and regulations at anytime without notice.
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