Rules of Trinity Church Yard Cemetery Association
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(1) APPLICABILITY: The following Rules relative to the Trinity Church Yard Cemetery (the "Cemetery") have been adopted by the Trustees of the Trinity Church Yard Cemetery Association (the "Association") with a desire to enhance the beauty of the Cemetery and to better protect visitors to the Cemetery as well as the historic Trinity Church and other structures and property within the Cemetery. All burial lots are sold by the Association with the understanding the purchaser will abide by these rules and regulations.
(1-A) CEMETERY HOURS: The Cemetery shall be open to visitors at all reasonable hours during the late spring, summer and early fall months. However, the President or designee is authorized to open the Cemetery during the winter at such times and for such purposes as they may determine. Furthermore, the President or designee is authorized to close the Cemetery at any time they believe such closing is necessary or desirable.
(1-B) TRINITY CHURCH: The Trinity Church located within the Cemetery grounds was built in 1797 and is listed on the United States Department of the Interior's National Register of Historic Places. This historic church may be opened for burial services, weddings, and other events and functions with approval of the President or other designee. The payment for special events and functions including funerals and weddings shall be made to the Treasurer of the Association. Charges are outlined in the Appendix.
(2) VEHICLES: Motor vehicles, duly registered, may be operated over the roadways of the Cemetery by visitors, duly licensed to operate such vehicles, provided that such vehicles are operated in a safe and careful manner and at a rate of speed consistent with the traffic within the Cemetery, but not in excess of ten miles per hour. The right to operate motorcycles, snowmobiles, and all-terrain vehicles (ATV's) is forbidden unless permission is received from the President or designee to do so.
(3) TREES, SHRUBS & LIVE PLANTS: The planting of trees, shrubs and perennials on any lot must have the approval of the President or designee. The Association encourages the use of live flowers throughout the growing season, but requests those placing flowers in the Cemetery to please remove them before they become wilted or unattractive. The use of suitable urns or other appropriate plant containers is permitted, however not more than two such containers are permitted on any lot and they must be located so as not to interfere with mowing. Urns and containers not in use may be disposed of behind the Cemetery Tool House. The President or designee shall have the right to enter upon any lot and remove therefrom, grass, leaves, branches, undesirable flowers or plants, and any objects deemed inappropriate. Further, the President or designee shall have the right to prune shrubs and trees and to remove same if deemed necessary.
(3-A) ARTIFICIAL FLOWERS: Artificial flowers may be used but must be in a suitable container or vase or dug into the ground and located close to the existing monument to not interfere with mowing. All artificial flowers must be removed by the fall closing date or will be removed by the Trustees.
(3-B) MISCELLANEOUS ARTICLES: No other articles including mementos, decorations, ribbons, baskets, or seasonal or personal items shall be left on a lot. Solar lights or glass containers of any kind are not allowed. No flags or other objects shall be placed at any corner marker. The Trustees shall have the right to remove any items deemed non-compliant.
(4) DAMAGED PROPERTY: The Association, through its Trustees and agents, shall not be held responsible for damage to any lot, marker, monuments, post or curbing, nor the planting on any lot; neither shall they be responsible for any urns, containers, or other articles placed upon a lot in the Cemetery.
(4-A) PENALTIES: The Laws of the State of New Hampshire (R.S.A. Ch. 572) provide penalties for wrongfully destroying, injuring, defacing or removing any monument, stone or other structure, including trees, shrubs or plants. Penalties are also provided if such acts include a fence, railing or curbing; other penalties are provided for the wrongful removal of decorations from a grave as well as for any act tending to desecrate a grave.
(5) FENCING: Erection of fencing or other enclosures around a lot, or any part thereof is prohibited.
(6) ROADS/COMMERCIAL VEHICLES: All roads within the Cemetery are under the direct control and supervision of the Trustees. Commercial vehicles (large trucks, trailers and heavy equipment) are permitted within the Cemetery only by permission of the President or designee.
(7) WORKMEN: All workmen performing any work within Cemetery shall be subject to the direction of the President or designee.
(8) MONUMENTS: Each two grave, four grave, or eight grave lot may have one standard monument or stone bench. The overall size of the monument and natural stones shall not exceed forty (40) inches in height, forty-two (42) inches in width and fifteen (15) inches in depth. On single graves there shall be no monuments erected. Location and size of all monuments and natural stones shall require prior approval of the President or designee before installations.
(8-A) FOUNDATIONS: Foundations shall be installed at such times during the year as is feasible and only after any and all charges relative to that specific lot have been paid. Monuments or stone benches shall be set upon a concrete or granite foundation which is at least four inches larger than the monument in all dimensions for proper support. A concrete foundation shall be a minimum 3000 PSI mix, six inches thick. Location and size of any foundation shall require prior approval of the President or designee before installation. Foundations are not required for natural stones.
(8-B) MATERIALS: All memorials, even for temporary use, of concrete, artificial stone, composition, plastic, wood, tin, plaster, or iron are not permitted. All monuments, markers, etc. should be of first quality granite, marble, or natural stone.
(8-C) RIGHT TO REMOVE OR REPAIR: Should any monument become damaged, unsightly, or a safety hazard, the Association shall have the right to correct the condition or to remove the same. The Trustees, through its agents, reserve the right to repair broken and fallen monuments, especially when no responsible owner or lineal descendant can be identified to undertake such repairs at their own expense.
(8-D) RIGHT TO CORRECT ERRORS: The Association may, without liability, require corrective action by the owner of any lot or their agent resulting from any error that may occur in the placing of a foundation or memorial.
(9) MARKERS & CORNER POSTS: All markers for cremation sites and single graves shall require the prior approval of the President or designee on a case-by-case basis. All grave markers must be set at ground level with no raised lettering and may be set without a foundation. Individual markers should be placed on the end of the grave farthest from the base of the monument. In single grave locations all markers should be placed at the foot of the grave. Corner posts on the new sections of the Cemetery shall be installed by the President or designee and not the lot owner.
(10) PURCHASE OF LOTS & GRAVES: Cemetery lots and grave sites may be purchased from the Treasurer of the Association in accordance with a price schedule adopted by the Board of Trustees (see Appendix). All lots and graves are now sold with Perpetual Care which is included in the purchase price of the lot. The deed or lot certificate issued by the Association confers only the right or privilege of interment of human remains and not fee simple ownership. The Association reserves the right to regulate the size, location, number and type of monument or anything else placed on a lot.
(10-A) CRITERIA FOR LOT SALE: Cemetery lots or individual grave sites may be sold on a first come basis and limited by their availability to individual persons who own real property in the Town of Holderness, are residents, are lineal descendants of proprietors, or other relevant criteria as determined by the Board. An individual may purchase up to a maximum of two (four grave) contiguous lots as family burial plots. No lots shall be sold to funeral homes or other businesses. The Town of Holderness is authorized to purchase a four grave lot, for cremations only, to meet requirements of RSA 289:2.
(10-B) RESALE OF VACANT LOTS: Resale of unused lots (or burial spaces) may only be approved by the Trustees and shall be in compliance with the laws of the State of New Hampshire (RSA 289:18 Abandoned Burial Spaces).
(11) TRANSFER OF OWNERSHIP: Lot owners may sell or transfer their interest in a lot or lots back to the Association at the prevailing price noted in the Appendix by endorsing the back of the lot certificate or "deed" and returning the certificate to the Secretary of the Association. The lot owner may sell a lot to any person under any terms, conditions or price agreed to by the parties, subject to prior notice to the Secretary. The Secretary shall record the change of ownership in the Cemetery Records and properly issue a new certificate (see Appendix for fee). Existing lot sizes shall not be affected by any transfer of ownership.
(12) CEMETERY RECORDS: The Cemetery Records shall be the official record of ownership of Cemetery lots. Location of burials within a plot shall be recorded as part of the Cemetery Records on the individual ownership card and/or computer record for that plot. All such records shall be under the control and supervision of the Secretary of the Association.
(13) PERPETUAL CARE: Perpetual Care includes the mowing and trimming of grass, removing old flowers, fallen leaves, tree branches, or other debris. All lots are now considered to be Perpetual Care lots.
(14) LOT GRADE: All lots re-seeded or re-made will be at such grade level as the President or designee may determine. The grade will be level with no grave mounds permitted.
(15) RE-SEEDING: Re-seeding or re-turfing of lots is done under the direction of the President or designee. The charge for re-seeding or re-turfing is based on the size of the lot, and is in accordance with a charge set by the President or designee.
(16) BURIALS: Graves must be opened and prepared under the direction of the President or designee. One full burial or a maximum of four cremation burials are allowed per grave site. Cremation burials shall be prepared solely under the direction of the Association. All burial expenses shall be the responsibility of the family and not the Association. Burial fees are as outlined in the Appendix. All excess grave soil shall be deposited only in locations approved by the President or designee and the grave site returned to a "before" grave opening condition or better.
(16-A) VAULTS REQUIRED: All burials, with the exception of cremation burials, require a concrete vault or liner. "Green" burials are allowed, but require an inverted concrete vault (without cover) following casket burial.
(17) INTERMENT: Bodies or cremations of deceased humans only may be buried in the Cemetery. No pets or other animals shall be buried at the Cemetery. Prior to interment the person in charge of the funeral (funeral director, family, legal assignee, private individual, etc.) shall present to the Secretary a valid burial permit. When completed, the Secretary shall sign the burial permit along with the lot number and date of burial and shall file same with the Holderness Town Clerk within six days after the burial pursuant to RSA 290:6.
(18) DISINTERMENT: The disinterment and/or removal of a body will be permitted only after a written request has been filed with the President or designee, by the lot owner, and the surviving spouse. If there is no surviving spouse, then a duly appointed executor or administrator, if any, and if not then by the next of kin, shall file said request. Full compliance with all laws governing the disinterment and/or removal of a body must be followed per R.S.A. 289:16. This rule shall not apply where a lawful order is given the President or designee by a duly authorized public official.
(19) TOMB: Bodies of deceased human beings only may be placed in the Cemetery Tomb or receiving vault following notice to the President or designee. Such bodies must be removed as soon as possible in the spring for burial, and no such body may remain in the Tomb, or receiving vault after June 15th.
(20) DISPOSAL OF WASTE MATERIALS: Plastic pots, artificial flowers, urns, metal or other discarded objects and waste materials must be removed from the Cemetery.
(21) PETS: All persons visiting the Cemetery with a pet must have the pet under their control and be responsible for any waste removal if deposited by the pet.
(22) VIOLATION OF RULES: Any person willfully violating any of these rules will be subject to such further action as may be taken as the President or designee or Trustees deem advisable.
A copy of these Rules and any changes that may be made shall be posted on the official website at www.trinitychurchyardcemeteryassociation.org and in a conspicuous place at the Tool House within said Cemetery.
These Rules supersede all previous editions.
Approved at the Annual Meeting of the Trinity Church Yard Cemetery Association on June 19, 2013
The following is the current price schedule established by the Trinity Church Yard Cemetery Association:
|4 grave site plot||$ 2,100|
|2 grave site plot||$ 1,075|
|Individual grave site||$ 550|
|Cremations (for each cremation plot) (4 cremations allowed per grave)||$ 500|
|Deed replacement/reissuance||$ 25|
|Special event (wedding or funeral) or use of chapel||$ 250|
|Cremation burial fee||$ 250*|
|Full burial fee||$ 750**|
|Additional weekend burial fee||$ 50|
|Tomb usage fee||$ 100|
*$150 of this fee to cover the cost of burial by contracted service with $100 retained by the Association for administrative costs
**$500 of this fee to cover the cost of burial by contracted service with $250 retained by the Association for administrative costs