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Home My WebLink About1999-09-13 99-312 ORDERCOUNCIL) MON Item No.99-312 Date: 11-13-99 I1MM/9ubkCb War, MOON Revis 1 Rules and Regulations Oft Bangor Municipal Cemeteries Responsible Department: Public Woks The Public Wards Department has completed the first comprehensive review of Me C1 Ws cemetery regulations since the mid seventies. This ri l5on has been reviened by both the Oty Solicitors Office and by the Municipal Operations Committee. A may of Me revised regulations is atbadlad in a format which hghligh[s the changes which have been mace. Tae only major substantive issue in question is the Cirys requirement that grave liners be used. TFrtse regulations canbnue this existing requirement. Grave liners are required bemuse they minimize Me singng of the am" over Gme, are helpful in mart ng remains for the purpose of future interments or disinterments, and lessen int chance of damage when opening an adjacent grave. We would recommeM your approval of these revised rules and regulations. aAj Cepa MIDM9er'a Comments: Recommend approval. urymanager assecatetl InfofmaDOn: Order, Rules and Regulations finance Director Introduced for X passage _ HM Reading Page_of Referral to Finance AaignM bCowcilw elnvchette September 13. 1999 CITY OF BANGOR (MLE.) Order, Adopting Revised Rules and Regulations of the Bangor Municipal Cemetades By Ne Oty � of am dry of Bangor. ORDERED, THAT The attached Rules and Regulations of the Bangor Municipal Cemeteries are hereby adopted, I9 CIW WMIL September 13, 1999 N tim for Passage Made amd Seconded Pa sed 99-312 ORDER TI9Q ddopciog Revised Rules ad Regulations of the Maogor Municipal Cemeteries 99-312 RULES AND REGULATIONS of the BANGOR MUNICIPAL CEMETERIES BANGOR, MAINE Amended I FOREWARD It is the desire of the City to make the 13aagor Municipal Cemeteries quiet, beautiful resting place for me dead where a sense of repose will be obtained by dignified landscape effects on a well-maintained Iowa. To secure these effects, the City bas spent and will continue to expend considerable sums of money. ,„—.a these effects will require the cooperation of every lot owner. Mything which would mar the general beauty and harmony of the cemeteries must be avoided. Peace and good order must prevail, and the sacredness of the place most be maintained at all times. It is to this end that these rules and regulations have been made effective, and the suggestions as contained herein are offered. 99-312 1 TABLE OF CONTENTS Purchaseoflots Page #1 Ownership and Title of Lore Page #1 Care of Lots Page #2 Suggestions Page 44 Privileges and Restrictions Page # 4 Rules for Visitors Page # 6 Interments Page # 6 Removals Page #8 Stone and Monumental Work Page #9 Vaults and Mausoleums Page #12 Trees, Shrubs, Flowers Page #13 Fees, Charges, Payments Page # 14 Suggestions Page # 16 99-312 Section 1 PURCHASE OF LATS persons dashing to purchase a lot in the cemeteries are referred to the Cemetery Superintenden[ The Superintendent will have available suitable plots showing size and price of lots, and such offer information 0 may be required and will be pleased to render assistance to Nose desiring to make lot purchases. Upon having made a lot selection, the Superintendent will issue a lot order to the Treasurer in City Hall, where dad lot sale will he made and the deed issued. The Cemetery Superintendent or his assistant may act as the agent of the City Treasurer whenever necessary. Section 2 OWNERSHIP AND TITLE OF LATS 2,1 The tens "Lot Owner" or "Ownership" shall be construed to mean the right to use a lot or per of lot, as purchased from the City for a consideration for burial purposes only, and under one rules and regulations as prescribed by the City for such use. 22 Upon full payment ofthe purchase price of a lot, the City will issue a Cemetery deed under its seal, end the deed will be recorded in the records of the City as evidence of ownership of the lot. 2_3 All burial right incemetery lots purchased from the City occupyone sameposition as real estate at Ne death of the owner. Only such persons as names appear on the Cemetery records of one City will be recognized as owners or past owners of lot. In case of the death of a lot owner, when the Cemetery lot is disposed of, by will, a certified copy oftltewill maw -shall be delivered to the Cemetery Superintended before one City will recogoize the charge in ownership. If the deceased lot owner left no will, a cued copy of the proof or heirship made in the District Court must be presented to the Cemetery Superintendent. Lot owners, in making their wills, should melts& the cemaery lot and will it to one person. 2_4 The title to a cemaery lot invests in the comathe rlghtm use such lot for burial purposes only, for themselves, their heirs, or far my such l usons as they may choose to admit; provided such admission is free of charge and without compensation and in acccrdamc with the Cemetery Rules and Regulations. 2.5 The lot owner currant resell or transfer their lots to any person or persons whomsoever, without written notification to the Cemetery Superintendent However, such caused portions of the lot as the owner may desire to dispose of may be listed for sale with the Cemetery Superintendent. The City, however, assumes no obligations for making a satisfactory sale of such lots or protons of lots. 2_6 Lots will be of such size as to accommodate me,..m,foW, (;a,,3,"�^2) graves. The cost of said lots will be as specified herein. 99-313 10 Section CA OFLOTS 33 1 All cemetery lots in the Bangor Municipal Cemeteries maybe provided with pupemal m endowed care. Council Order No. 80K makes these rales and regulations effective and provides that all -future lot sales shall be made with perpetual or endowed care at the rates as herein specified. Owners of lots or other interested persons may secure 2 perpetual or endowed care of me lots in the older portions of the cemeteries at the rates specified herein. 3_2 The term "Perpetual or Endowed Care" shall be corvmued to mean the obligation wbich the City assumes in expend each year the net armwl income on the "Perpetual or Endowed Care' endowment set aside for the lot is famishing such care for the lot as mowing grass and mkivg and cleaning lots. It is understood that such expenditures shall he made at the discretion and under the direction of the officer of the City in charge of the Cemetery and that the City shall not be bound to make any separate investment of the sum of money set aside as the perpetual or endowed care, but that the same be added to the perpetual or endowed care fund of the city and that proceeds therefrom used by the City in a manner as heretofore provided. Noddng herein shall be construed as modifying any existing contracts as to Perpetual or endowed care. 3_3 An "Annual Care" charge aspmvidedhereinwiMmayberame by the Ciryon those lots in the older portions of the Cemeteries watch we not at present under perpetual or endowed care. The City reserves the right to refuse to famish services to those lots not ander perpetual or endowed care or when the annual care charge has not been paid in advance. 34 "Annual Care" includes the regular mowing of the lot, trimming around monuments and markers, fertilizing when necessary, priming bees and shrubs, except hedges. Charges for annual care are bisecftmdof<4NaE• $35,00 per lot and are payable curiosity, m advance. 3 99-322 \� Section 3.5 SUGGESTIONS It is urged that lot owners interest themselves in the present and the Canoe care of their las as a single neglected lot mars the beauty of an entire section. It is important that care be taken in selecting a tournament to get a design wbich will hurmowe with its surtoandings. and Hot be A MARARA8019 —p;, lhecemetey. Itis desimble then the Cemetery Superintendent be consulted before ordering monumental work. Section 4 PRIVILEGES AND RESTRICTIONS 441 Each lot in the cemeterywill, prior to its sale, be suitably marked by the City with an iron or concrete post, placed on each lot corner and sat level with the adjacent ground. 4_2 No mounds shell he raised upon any grave above the general level or the lot. Mounds are difficult to mintain, as the said grows in an unnanaal position and is easily injured by heat, drought, and four. The City reserves the right A any time to remove wsightly mounds and to resod the grave at the general level of the lot. 99-312 22 1J 4_3 Nohedges,fencesorenclosu o£anykindwillbeperminedonmmoundlob. Window boxes, tubs ums and other similar containers kill the grass and should not be used and wall not be allowed after June 15, at which time they will be removed without notice. 4_4 Artificial decorations will be allowed only from November first to lune fifteenth annually. 4_5 Fresh (lowers aHe d in vases or baskets are allowed anytime as sre plants In beds adjacent to monuments. 4_6 All general maintenance and all work on lots paid for by perpemai care or annual care payments will be done by the City, but it is desired that each lot owner feel fres to consult with the Superintendent in charge of the cemeteries at all times. His advice and assistance will be cheerfully given (without charge) and may be of much value to those contemplating the purchase of monumental work or of making lot improvements. 4_7 The Cemeteries reserve the right for its workmen and Kase persons necessary to the performance of normal cemetery operation to enter upon or cross over any la in the cemeteries in the performance of such duties. 41 The Cemeteries orthehemployeesassumeno liability fordarnageactual or mental anguish, in the performance of thea normal operations, or loss by vandalism or other acts beyond reasonable control. 99-312 14� Section RULES MR VISI'T'ORS 51 The cemeteries will beopentovisitorsat all timesbetween thehours of7:W AM end sunset. 52 Children mrderfomteen years of age will be admitted only when accompanld by parents or guardians. Q Persons or picnic parties with refresbmems will not be admitted. Ibgs, with dre exception of seeing eve does will not be allowed in the Cemeteries. 5.6 Firearms will be allowed in the Cemeteries only at military funerals. 5_5 Visitors ere required m use the walks and drives and areforbiddento trespass on cemetery lots, or pick any Rowers (either wild or cultivated) or injure any shrub, vee, or plant, or mar or deface any monument, stone, or sometime in the Cemeteries. Section 6 INTERMENTS ¢,k All interments in lots shall be restricted m members of the family. Perot a Tonin members 49, rear,digs Cemly Such permission shall net-�. If there n S19-312 S is anyLoubtrestanling the relationshipf thedeceasul to the liggily who the lot. copy ofthe deed vvili be reviewedb the Cemetery Superintendent before the move is QPxmW-The Carranall Suverinteridern maY Muest a meetingwith hardly be 'f there are env questions remaining to ovatenslay ofth deceased on that t. h2 All graves shall be dug by the City under the direction of the Superintendent. 6_3 A charge for opening and closing swerve and the sodding and seeding of the memo will be made as provided herein. whiph--a -r 4 -advance-sr iateanem.The fee for opening the be collected from the family h or from the hateral director on the dav of the mountain. 64 _ -__ pineal dr _14 _Fels _ t a banal isible all mearawnt Motor to the Cemetery arges Superintendent the day ofimermmt 6_5 The lot tomer or fimaal direcror shall designate the location of the gave on the lot W the Superintendent and any change of location made after the opening of the gave bas begin shell be at the expense of the lot center. The Cemetery Superintendent shall be given twenty -few hours notice in summer and mirty-six hours notice in winterff rm November I"to May Iv for the opeeung and preparation of the grave prior to the interment. 66 An additional charge as provided herein shall be made for a service on Saturday, Sunday or legal holidays. 4d The monuments oftwo bodies in one single gave space Ball not be allowed,except in case of Parent mother and iMsm, or twin cldldren or two cremated remains, or two children buried at the same time. In the event that a husband or wife is buried in a vault and the surviving spouse desmes to be cremated the converted rearmins of the husband or mificwill be allowed to be Placed' h burial plot. No imemnent of any body other than that of human being will be permitted. 4.8 In all interments the casket shall be enclosed in a permanent outside container. The fallowing are considered permanent outside containers: concrete boxes, concrete, copper or steel burial vaults, and sectional concrete crypts. 2 As soon as flowers, wreaths, emblems, etc. used a[ funerals, or placed on graves an other times, become unsightly and faded, they will be removed and no responsibility for thein protection or maintenance is assumed. Section] REMOVALS ] 1 Removal of bodies from graves in the Cemeteries will only be made by the City in accordance with the requirements of the Statutes of the state. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. 9_2 Owners or their heirs dashing graves opened shall secure the necessary disinterment permit from Ne City Clerk and deliver the same to the Cemetery Superintendent. All removals will be made by the City order the supervision of a IICCm axi lateral director. ]_3 For sanitary reasons, graves will not be maperN for inspection except for official investigations. '/_4 Any markets or monuments designating the locmion of an interment shall be removed at the time a disinterment: in made. Section STONE AND MONOMENTAL wORI{ 8_I All stone and monumental work shall be subject to the following regulations and requirements. 8_2 All armorial foundations shall be placed on solid ground net included in actual grave space, except where grave liner is of permanent type and sufficient strength to support weight of foundation and memorial. 0 II 8_3 Each monument or grove marker 12'k24" or over, or one foot(]') high or over, shall rest on a concrete foundation. On any lot said after the adoption of these rules and regulations, each monument or grave marker 10"x20" or over, or one foot high or over 99-312 shall rest on a concrete foundation. Lange monuments or those monuments requiring special foundation design shall be specifically approved by the Cemetery Superintendent and the City Engineer before construction. Plans and specifications for such momments should be submitted to the Cemetery Superintendent and the City Enginar fm approval. 34 The formation for grave markers and monuments will, in general be carried to depth of not less than five (5) Poet below the ground level. For large monuments, the City reeurves the right to require the conswction of a foundation of such sire and design as will provide ample insurance ago= possible settlement or injury to the stave work. The top of the concrete foundation will be constructed approximately two (2) inches below the grade level. 85 Thesettingofmonv Ms,smnesamrrwkersmdthehanspormtionofalltoois. :Materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Superintendent. Henry teaming or trucking will rat he permitted within the Cemeteries when in the opinion of the Superintendent such work might cause injury to the driveways. , to A 99-112 il 8_6 SWneormom=mtalworkwillnotbepemtittdOnalotwtilthelotisUlypaid Its, and the City reserves the right to refuse permission to met my monumental work not in keeping with the good appearance of the grounds. 8.7 Stone work or monumental work once placed on its fomdatim shall not be removed, except by permission of the Superintendent of the Cemeteries. 8_8 Markers shallbeplaced w dseheadofagave asplabod.No markers shall be placed nearer than 6 inches to a lot line. No more than one marker shall be placed at my one gave. No marker shall embrace two or more Waves unless all Waves are on the some lot owned by one person. No marker shall be set unless it melts with these regulations, and the grave sparz is paid for in MI. 1.2 Cerin designard portions or the older parts ofthe Cemeteries have restricted mooummt privileges, whichpmait the erection of monuments or gave markers ofmy selected she and design. Lots in the newer sections of the Cemeteries are restrictd to flush markers. 810 plush Markers: In sections designated as Flush marker sections, all markers shall be set so that the top is Flush with the ground. Flush markers or hon=wl monuments on lots in those sections may, not exceed seven(]%) of the lm area All flush markers must be made of granite and shall hem on adequate concrete foundations. Section VAULTS AND MAUSOLEUMS 9_I Vaultsandmausoleums may beplaced onlyon suchlots as maybe setwideor designated by me City for such structures. All applications for permit m erect such Mohacs shall be made in wining to me City Manager. Complete plans and specificatiovs of the proposed construction, including details of materials, workmanship, method ofconsnuction, etc., shall accompany, such application and the approval of the City Manager shall be obtained thereon before any corawetion work is begun. The right is reserved m prohibit me erection of any structure that is not considered safe, suitable, or desirable. 92 Beforearey vaultormausoleummaybe erected the lotowner will be requiredto deposit in the Pespemal Care Fund of the City such amounts as the City may deem necessary as a trust, the income from which is m be used in the perponal care and mainteumtce of the structure and the ground. Such amounts in no cases shall be less than twenty-five percent (25%) of the structure. 9_.3 Duplicate keys for mausoleums shell be left is care of the Superintendent of Cemeteries. 12 99-313"nf U'� 9_4 Vaults or mausoleums will not be permitted on lots containing less than(1,000) square fact and the portion of the lot occopieat by the building shall not exceed twenty M percent (20'/) of the lot The position of the building on the lot shall be as detemnined by the City but in no case will permission be given to set the building nearer to the lot line than ren (10 feet. Section f0 TEEES ANO SHRUBS AND FLOWERS 10.1 All general maintenance mthe Cemeteries will normally be done by the City but lot owners may feel fi se at any time to consult with the Superintendent regarding man= pertaining to per athdble plantings or the general cue and upkeep of lots. 10.2 Nopersonwillbepenwnedmtrim,pruneo mmovebranchesfromavytreeof ornamental shrub in the Cemeteries except on his own lot. All work ofprmdng or trimming trees and shrubs shall be done by the Superintendent or under his directions. Upon request, the Superinaendem will do any proving needed without charge. Permisdon to plant trees or shrubs on lots shall in all cases be obtained firm the Supmiv[evdem and the City reserves the right to remove any tree, them, or vine, or any part thereof winch may have become unsightly, dangerous, or not in keeping with the landscape design. Many plud6, especially vines, interfere with the proper care of the lots and graves and injure grass. Such plants will be removed when found interfering with the adjacent lots. fhiL 13 99-312 a�- 10.3 Individual lot plantings may not exceed (5%) five percent of de: land lot area and most be placed adjacent to the monument. Section 11 FEES 11.1 The payment of all bass and charges shall be made at the office of the City Treasurer in the City Ball or to the Cemetery Superintendent, where receipts will he issued for all amounts Paid. 11.2 The following schedule of fees and charges is in effect and applicable to at portions of the Bangor Municipal Cemetenes. These foes and charges are subject to change without notice at such times, as the City may deem necessary. A. Price of lots (including Perpetual of Endowed Care). The charge made for all lots shall be based on the number of graves that a lot will accommodate. Cemetery lots -Price includes Perpetual Care Lot Sfu Lot Price Peroemal Care Total Cost 2 Grave Lot 300 300 600 Cremation lot SO SO too 14 B. Around Care: On certain lots in older portions of the Cemeteries no provisions were made in the lot charges for perpetual care or endowed care. An Annual Care charge xtiN-M be made on such lots by the City for the upkeep and ami al maintenance of such lots. Lot owners my, if they desire, secure perpetual or endowed care of such lots by paying the perpetual or endowed care charge 0 specified herein. Lot Sime Annual Care Charee All Lots 35.00 Annual Fee C. Intermems The following fixed charges wJl be made by the City for opening all graves. This charge includes the opening of the grave, removal of excess arterial, refilling and seeding or sodding. is Weekday Cha ree Weekend Charue Earth Burial 300 400 Crematiro I00 175 Children and Babies buried in Vaults up to 3ft. 100 175 is 99-312 S, The roles for the sashes bounded on the East by Eastbrook Avenue and on the West by Westbrook Avenue in the City owned portion of Mt. Hope Cemetery shall be designated herein, and shall be restricted to Flush Madeers. All Flush Mazke a will be laid on foundations as prescribed herein. No monuments shall be allowed in this section. The rates for Block "G" in the City owned portion of Mt. Hope Cemetery shall be in accordance with the rate schedule for single gave lots, and shall be restricted to Flush Markers Lot Sim Lot Price Perpetual Care Total Cost Single Grave 150 150 300