Rules and Regulations of Union Cemetery, Mays Landing, NJ
The following are the Rules and Regulations of The Union Cemetery Association of Mays Landing in the County of Atlantic, State of New Jersey.
A Non-Profit, Non-Stock public Cemetery Association.
The Union Cemetery Association reserves the right to compel all persons coming into the Cemetery to obey the Rules and Regulations now or hereafter adopted by it.
Ownership, Transfer and decent of interment space
The conveyance of interment space in The Union Cemetery confers only the right of interment therein.
All interments in the Cemetery shall be held subject to the New Jersey Cemetery Act, Title 8A:1-1., et seq., the amendments thereof and supplement thereto and revisions thereof, and any special or general acts applicable to The Union Cemetery Association of Mays Landing and it’s lands, and subject to the By-Laws and Rules and Regulations of The Union Cemetery Association, now in force or hereafter adopted:, where the same appear herein or in the agreement for purchase or in the deed conveying the interment space.
No easement or right of interment is granted to any owner of interment space in any road, drive, alley or walkway within the Cemetery unless an exception is made by The Union Cemetery Association or Grounds Superintendent, but the same may be used as a means of access to such interment spaces as land the Association devoted to that purpose.
The Union Cemetery Association may refuse to recognize the interests of a successor in the title until the surviving spouse, if any, or any other person claiming title thereto or an interest therein as heir or devise of a deceased owner shall file with The Union Cemetery Association, an affidavit in such form as meets with its approval.
Lots or fractional lots, as sold, will not be divided. No objection exists, when there are joint owners, to an agreement between them as to part of the lot to be used by each, but The Union Cemetery Association, will not undertake to record or enforce such agreements.
No sale, transfer or assignment of any lot, or part of a lot, shall be valid without the consent of The Union Cemetery Association endorsed on the conveyance.
No lot owner has the right to transfer his lot, or part of his lot. Such transfers are mere privileges extended in special cases by The Union Cemetery Association after careful investigation and the determination by the officers that such transfers are properly made. Owners of interment space shall not permit interments to be made therein for remuneration.
No interment or disinterment will be permitted in, and no monument, or memorial may be placed on any plot, lot or grave, against which there shall be any charge to The Union Cemetery Association.
The Union Cemetery Association, reserves the right to refuse interment, and to refuse to open an interment space for any purpose, except on written application by owner of record or his/her legal representative, made out on such forms as shall meet with the approval of The Union Cemetery Association and shall be on filed with the Association. The Cemetery shall be entitled to rely on the accuracy or the information set forth in such permit, and shall not be liable for any error therein contained, or as to the identity of the person whose remains are to be interred.
The Union Cemetery Association may accept and rely upon as duly authorized, any and all instruments, including but not limited to permits and orders of any and every kind, nature or description, transfer deeds, assignments and/or reservations of interment space, affidavits and designations, and it shall have the right to rely and act upon the truth of all statements contained there in, and upon the genuineness of all signatures there on, and upon the authority of person signing the same to bind all interested parties.
The Union Cemetery Association may require that a member of the family come in person to the Cemetery to advise the Cemetery’s officer or agent which grave shall be opened for interment. In the absence of specific written instructions by the owner of the interment space, The Union Cemetery Association or its officers or agent having immediate charge of the interment, may inter the remains of any person entitled to interment there, in any one of the unused spaces therein, except in such as may have been reserved for others as appears on the Cemetery records.
When instructions regarding the location of an interment in a plot or lot cannot be obtained without undo delay or cannot be obtained at all, or where the instructions given with regard thereto are in the opinion of the Cemetery indefinite, or when for any reason the interment space cannot be opened where specified, The Union Cemetery Association may in its discretion open it in such a location in the plot or lot that it deems best or proper, so as not to delay the funeral; and The Union Cemetery Association its agents, contractor, and employees shall not be liable for damages.
The Union Cemetery Association its agents contractors and employees shall not be held responsible for any mistakes or error for an order not given in writing or any other manner, or from the want of precise of proper instruments as to the particular space, size, and location in a plot or lot where interment is desired, or from the omission of the plot owner to file with the Cemetery Association a grave layout map approved by it.
When there are two or more co-owners of an interment space, they may designate one or more persons to represent the interment space and file a written notice of such designation which shall be in such form as is satisfactory to The Union Cemetery Association. In the absence of such notice, The Union Cemetery Association shall not be liable to any person for the interring or permitting of an interment in the interment space upon request or direction of any co-owner. Where a lot is owned by a Church, lodge, or other Society, interment shall be limited to the actual members of the organization and their husbands and wives.
The right to control the disposition of the remains of the deceased person, unless other directions have been given by the decedent or by a court of competent jurisdiction shall be in the following order:
a. A surviving spouse.
b. A majority of the surviving children of the decedent or the surviving child if one.
c. The surviving parent or parents of the decedent.
d. A majority of the brothers and sisters of the decedent if no children or parent is living.
e. Other next of kin according to the degree of consanguinity.
When human remains shall have been interred pursuant to a written interment permit, the cemetery may, unless said expressly provides otherwise, allow the nearest of kin of said decedent to erect a monument or memorial upon the grave in accordance with its Rules and Regulations
No disinterment will be permitted except with the consent of the persons required by the New Jersey Cemetery Act, all of which such consents shall be in such form as is satisfactory to The Union Cemetery Association,
Maintenance of graves by The Union Cemetery Association
The term "Maintenance" shall mean: the cutting of the grass upon the graves at reasonable intervals, removing debris, and such work as may be necessary to keep the graves in good and neat condition.
The term maintenance shall not include: watering the grass, the replacement of any flowers or plants, the sodding or re-sodding, the seeding or reseeding of any interment space. The Union Cemetery Association disclaims any responsibility for the care and maintenance of any flowers or plants that have been planted or placed upon the grave by the grave owners and if grave owners choose to do so, it shall be at there own risk.
The term "maintenance and preservation" shall in no case be construed as meaning the maintenance, care, repair or replacement of any monument, granite or bronze marker or monumental structures or other embellishments or improvements placed or erected upon any interment space; where the damage was caused by any act other than that of the Cemetery Association, including but not limited to loss or damage by the elements, acts of God, the common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, war invasions, insurrections, riots, or by the orders of any military or civil authority, whether the loss or damage be direct or collateral.
No person shall trim or prune, or remove any branches from any tree in the Cemetery, whether on his/her lot or not. By request only, the Ground Superintendent will have pruning done with out charge if in his/her judgment the request is justified.
Furthermore, no person shall move any tree or shrub growing within the Cemetery without the consent of The Union Cemetery Association. Moreover, no person shall take up or remove any plant other than from his/her own plot or lot from the Cemetery without the permission of The Union Cemetery Association.
The planting of trees or shrubs in any area of the Cemetery by anyone other than The Union Cemetery Association or its contractors is strictly prohibited.
Interments may be scheduled with a Funeral Director or agent of the Cemetery.
Interment will be scheduled Monday through Friday between the hours of 9:00 a.m. and 3:30 p.m. There will be an additional charge for interments by the Interment Contractor for interments scheduled after 3:30 p.m. on weekdays, and on Saturday and Sunday and certain holidays.
No interments will be made on Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Day, and New Years Day unless The Union Cemetery Association may grant an exception to this rule due to special circumstances.
The Union Cemetery Association shall have the right to refuse to proceed with an interment unless a duly licensed Funeral Director accompanies the Funeral. Before the interment may proceed, such Funeral Director must have notified The Union Cemetery Association Representative and have delivered all necessary permits and authorizations to the Association Bookkeeper and have approval prior to the internment. The Funeral Director must submit all the proper documents to the Association Bookkeeper within a reasonable length of time.
The Union Cemetery Association reserves the right to insist upon receiving written notice of an interment at least 24 hours before the funeral cortege arrives at the Cemetery, and at least one week’s written notice of any disinterment or removal of the remains. This rule will not apply to contagious cases, when immediate burial is required by law, provided that it is plainly shown that is was impossible to make the burial on a previous working day. The Cemetery assumes no liability for damage to any casket or burial case or vault in original interment or removal.
For the purpose of handling the casket safely, and maintaining a high degree of beauty and dignity, a lowering device and artificial grass covering must be used at each interment, for the use of which the Cemetery’s agent will make a reasonable charge.
The Union Cemetery Association allows cut flowers and floral arraignments to be placed on a grave site at the time of interment. A 25.00 removal fee shall be charged to the person or persons responsible for funeral costs.
The Funeral Director will be responsible to include this charge in his/her fees and forward this fee to The Union Cemetery Association along with other monies due from each funeral.
The Union Cemetery Association allows the interment of two cremains in a full size lot, or one cremains and one regular interment only.
The Union Cemetery Association reserves, and shall have the right to correct any error that it may make in interment, disinterment or removals, or in locating or placing of memorials, or in the contract for the sale of or in the conveyance of interment space, (including but not limited to the erroneous inclusion therein of interment space which it had theretofore sold or contracted to sell to another). In the event of any error made in the contract for the sale of interment space, The Union Cemetery Association may, at its election, correct the same, it may substitute in said contract in lieu of the interment space therein described, other interment space and similar location, or in its sole discretion it may refund to the purchaser the consideration paid to it on account thereof and cancel said contract. In the event of any error made in the conveyance of interment space, or if for any reason it could not or should not have conveyed to the same, it may cancel said conveyance and issue in lieu thereof a new conveyance for another interment space, or in its sole discretion, it may refund the consideration paid to it. In the event that the correction of any such error shall require the removal of interred remains,
The Union Cemetery Association reserves the right to disinter the same and reinter the same in the correct or in the new location. The Cemetery Association shall not be liable for damages for any such error or the consequences thereof, or for the correction thereof.
The Union Cemetery Association shall be in no way liable for any delay in the interment of the remains where a protest has been made, or where it’s Rules and Regulations have not been followed, and it reserves the right, under such circumstances, to place the remains in a receiving vault at the expense of the individual requesting the interment, until the rights of all interested parties have been determined. The Union Cemetery Association shall be under no duty to recognize any protest unless it is in writing and is filed in its office at least 24 hours before interment.
The Union Cemetery Association distinctly disclaims all responsibility for any loss or damage from causes beyond its reasonable control, including but not limited to damage caused by persons not in its employ, by the elements, acts of God, the common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, war, invasions, insurrections, riots or orders of any military or civil authority, whether the damage be direct or collateral.
The Union Cemetery Association in the performance of any of its contracts or other legal obligations, shall not be liable for any delay (or the consequences thereof) caused by the elements, acts of God, strikes, lockouts, shortage of labor or material, the common enemy, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, war, invasions, insurrections, riots, or orders of any military or civil authority, and or conditions beyond its control.
The Union Cemetery Association shall not be liable for damage or injury to any person or property in the Cemetery, except for its own willful misconduct or gross negligence. Person entering the Cemetery grounds, or buying plots or lots therein, are mere licensees and assume all risks.
Flowers, Decorations and American Flags
The Union Cemetery Association encourages the decoration of graves with fresh flowers and allows potted plants that are no larger than 8 inches in diameter. Larger potted plants are too difficult for our mowing contractors to move.
Artificial flowers or decorations are not permitted during the mowing season, which begins May 1 thru November 1. After November 1, artificial flowers will be allowed until the first of May the following season, when we again clean sweep the Cemetery of all artificial material. Artificial flowers will be permitted May thru Nov if they are located in a vase that is permanently attached to a memorial base or in a permanent concrete or granite flower box.
Christmas grave blankets are removed by March 15th, weather permitting.
Decorations placed on graves for Mother’s Day, Memorial Day, Fourth of July and Veteran’s Day, including American flags placed on Veteran’s graves will be removed at the discretion of the Grounds Superintendent.
Glass and plastic ornaments, statuary, votive lights, urns, wooden flower boxes, wooden, iron or other crosses, wreaths, trees, shrubs, fences, hedges, or other enclosures around or within lots, chairs, settees, or miscellaneous objects will not be permitted and will be removed by the Cemetery. The Union Cemetery Association and its contractors will not be responsible for their care and will decline to attempt to locate them after being so removed. No signs of any kind will be allowed on plots, lots and graves.
The exception to this rule is the permitted installation and use of permanent granite or concrete flower boxes, below the surface permanently install urns and permanently install iron legged benches. These items may be installed on a case-by-case basis with the approval of the Grounds Superintendent.
No objects of embellishment of any kind shall be placed upon, altered or removed from a plot, lot, or grave without the written consent of the Cemetery Association.
Our purpose in these measures is to insure that our Cemetery continues to be attractive and well kept, and your cooperation will help us to attain this common goal.
Monuments and Concrete Foundations
The following rules are to govern all monumental work performed by Monument Sub-Contractors in The Union Cemetery.
Bases and Dies
All monuments and bases must be installed on a below the surface concrete foundation, due to the sandy conditions in our Cemetery.
Monument bases must be a minimum total of 6” longer than the die and 2” wider than the die that is being installed on it.
Below the surface concrete foundations must be a minimum of 4” thick and a minimum of 2” wider on all sides than the base or die or slant marker that is being installed on it.
If no base is being installed, the same minimum dimensions pertain to the concrete foundation for a die or slant marker.
In cases where the height of the die is 24” or greater, and the width is 30” or greater, the concrete foundation must be 4” longer and 2” wider than the base or die or slant marker that is being installed on it.
Please figure the foundation size when pricing.
Before commencing any work, the monument contractor shall first submit to The Union Cemetery Association the following information:
1. Type of work to be done
2. Sketch of the monument to be installed and inscription theron-indicating name of the deceased or lot owner.
3. Name, address, and signature of purchaser and owner
4. Length, width, and height of base
5. Length, width, and height of the die
6. Length, width and height of the Grave Marker or Head Stone
Every memorial must be made of either granite or bronze. No other materials are permitted and the Cemetery may reject any inferior grades of either one of these materials, and reserves the right to reject at any time any marker or monument, which in the judgment of the Cemetery Association should not be permitted or placed on a lot. Any request for exceptions to this rule must be make by written request to The Union Cemetery Association.
The Union Cemetery Association requires a two-piece concrete vault with straight sides, with minimum compressive strength of 4,500 pound per square inch, reinforced with steel wire. Vault walls are to be not less than one and one half inches ( 1 ½”) in thickness. Flat covers/lids are not permitted. Vaults are required when human remains have been embalmed and a standard non-biodegradable casket is being used.
All Vault Companies, Interment Contractors, and Monument Companies are required to take the necessary precautions i.e. planking/plywood, not to cause ruts, damage to monuments or grave sites when digging graves, unloading vaults or delivering or installing monuments. Sub-contractors will be responsible to repair any damage caused by neglect of its employees or agents at the sub-contractors expense.
Natural Burials without Vaults
It is permitted bury human remains that have not been embalmed and are interred in a shroud or a casket, constructed of cardboard, untreated white pine or other materials that will rapidly decompose. Natural burial caskets other than described in this section, must first be approved by the Superintendent.
A one- time additional fee of $200.00 will be charged for periodic refilling of Natural Burial graves sites.
In the event that it becomes necessary to repair or reconstruct any granite, bronze or concrete work on any section or plot or any portion thereof in the Cemetery, which has been damaged by the elements, acts of God, common enemy, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, war, invasions, insurrections, riots, or orders of any military or civil authority, and or conditions beyond its control, The Union Cemetery Association shall give a 10-day written notice of the necessity for such repairs to the plot or lot owner of record, to be sent by certified mail to the addressee of record. Failure of said plot or lot owner to repair the damage may require The Union Cemetery Association to have repairs made and charge the expense to the plot or lot owner of record.
All persons, including but not limited to outside contractors wishing to do any work in The Union Cemetery, including but not limited to setting grave markers or cutting any inscriptions, must first present to The Cemetery Association a written authorization signed by the owner of the plot, lot, grave and by such others whose consent, The Union Cemetery Association deems necessary specifying in detail the work to be done and materials to be furnished, before commencing any work or bringing any material into the Cemetery. A permit shall be granted only upon condition that the person or persons who are to do such work, first files with the Cemetery Association, a workers security bond issued by a responsible insurance company authorized to do business in the State of New Jersey, and in such form as is satisfactory to The Union Cemetery Association indemnifying it against any damage which he/she may cause to the property of the owner of the plot, lot, grave or the property of The Union Cemetery Association and/or to any other plot, lot, graves and he shall at all times during the performance of the work maintain in full force, with responsible insurance companies authorized to transact business in the State of New Jersey, insurance against public liability for personal liability for personal injury and/or death, with such limits as The Union Cemetery Association shall specify, and before commencing work or bringing material into the Cemetery, he/she shall furnish The Union Cemetery Association with a certificate from his/her insurance carrier certifying to said coverage. Such permit shall be shown whenever demanded by the Superintendent, or any other agent of the Cemetery Association. All such work must be done under the supervision of the Cemetery Association or such other properly authorized person as shall be in charge of the Cemetery for which it may make a reasonable charge. In addition to the foregoing, all outside contractors shall file adequate certificates, issued by responsible insurance companies authorized to transact business in the State of New Jersey, evidencing adequate coverage for public liability and property damage and Workmen’s Compensation.
All work done and materials furnished for the owner of a plot, lot or graves, by anyone other than the Cemetery Association shall be subject to the approval of The Union Cemetery Association. The Cemetery Association, however, in no event assumes liability to anyone by reason of its granting such approval. If in its opinion, The Union Cemetery Association may in its discretion put the same in proper order at the expense of the owner of the plot, lot or grave.
All workmen employed by anyone other than The Cemetery Association in performing any work or furnishing any material in The Union Cemetery, must be subject to the supervision of The Union Cemetery Association and any workman failing to conform to this rule and regulation will not be permitted to work on the grounds.
No one, other than The Union Cemetery Association, its officers, agents and employees, may trespass upon intervening plots, lots or graves, when moving material for monuments, etc. The paths are to be used in all cases, unless special permission is obtained to the contrary from the owners of plots, lots, and graves affected.
When trees or shrubbery are in the way of contemplated improvements, notice must be given The Cemetery Association and permission given for the removal prior to commencing work.
When heavy materials are to be moved, planks must be laid on the paths or grass affected, in order to protect the same from damage.
All rubbish made by outside contractors, or others employed by owner of plots, lots or graves must be removed immediately to such place of disposal as may be provided for this purpose, or as The Cemetery Association shall direct. Upon failure to comply with this Rule, The Union Cemetery Association may give the last known owner of the interment space notice, and if he/she fails to rectify the condition complained of, within the time specified in said notice, The Cemetery Association may, in its discretion, enter upon the interment space and cause the same to be moved at such owner’s expense.
The Union Cemetery Association may, and it hereby reserves the right at any time or times or without notice to anyone, including but not limited to the owner of interment space, or any contractor or memorial dealer, to revise amend, modify, supplement or repeal in whole or in part these Rules and Regulations.
Special cases may arise in which the literal enforcement of a Rule or Regulation may impose unnecessary hardship. The Union Cemetery Association therefore reserve the right, without notice, to make exceptions, suspensions or modifications in any of the Rules and Regulations, when in its judgement, the same appear advisable; and such exceptions, suspensions or modifications shall in no way be construed as affecting the general application of such Rules and Regulations. It is expressly understood that any indulgence on part of The Cemetery Association or failure to insist upon the strict performance of any Rule and Regulation, shall not be deemed a waiver of its rights in the premises.
The Union Cemetery Association reserves unto itself the right at any time and from time to time, to enlarge, reduce, replot or change the boundaries or grading in the Cemetery or of any section or sections, thereof, or any part or parts thereof, including but not limited to the right to modify or change the location of, or any parts of, or regrade or eliminate, roads, drives and/or walks. It also reserve unto itself easements and rights of way under, through, and over the Cemetery grounds and any and every part thereof for the purpose of laying, maintaining and operating, or altering or changing pipe line, conduits, gutters and/or drains for sprinkling systems, drainage, electric or communication lines, or for any other purpose. The Union Cemetery Association further reserves unto it and to those lawfully entitled thereto, a perpetual right to ingress and egress over and all plots, lots or graves, in the Cemetery for the purpose of passage and repassage.
For the purpose of performing work in any part of the Cemetery or on any plot or lot or part thereof, or on any grave, including but not limited to make excavations for any purpose, The Cemetery Association reserves the right to enter upon and temporarily use any adjoining plot, lot or grave including but not limited to the right to place thereon such tools, derricks and or material as may be necessary to perform said work.
All persons entering the Cemetery for whatever reason must display proper respect for the deceased and for the sacred burial ground in which they are interred. In addition the following must be adhered to:
Possession or consumption of alcoholic beverages or any illegal drug or illegal substances or paraphernalia is not permitted on Cemetery grounds.
No vehicle shall ever be driven at a speed exceeding 5 miles per hour.
No one, including but not limited to any gardener, monument or bronze plaque dealer, shall solicit business in the Cemetery or place any business cards upon any plot, lot or grave.
All work and other activity must cease during the conducting of funeral services.
Any notice, which may be necessary or proper to be given to the owner or a plot, lot or grave, shall be sufficient if sent by ordinary mail addressed to him/her and his/her last address on file with The Cemetery Association. It shall be the duty of such owner to notify The Union Cemetery Association in writing by registered or certified mail, return receipt requested, for any change of his post office address, and such notice must be actually received by the Cemetery Bookkeeper.
These Rules and Regulation were approved and adopted by:
The Union Cemetery Association of Mays Landing Board of Trustees, on
May 2003 and revised Jan 2008 and supersede any and all previous versions adopted by previous Boards of Trustees of this Association.
James R. Owen, President and Grounds Superintendent
Charles Dupras, Vice President
Thomas Judge, Recording Secretary