Town of Islesboro, ME
Waldo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Islesboro 4-26-2003. Amendments noted where applicable.]
030a Attach A Pricing of Lots
[Added 6-6-2012]
This chapter shall be known as the “Town of Islesboro Cemetery Ordinance.”
[Amended 6-6-2012]
This chapter is enacted in accordance with the provisions of 30-A M.R.S.A. § 3301.
[Amended 6-6-2012]
This chapter is enacted to:
A. 
Establish a Cemetery Committee (“Committee”) to administer this chapter;
B. 
Provide regulations for cemetery lot owners in the Town-owned cemeteries known as "Bayview Cemetery" and "Sprague Cemetery";
C. 
Regulate the sale of Town-owned cemetery lots; and
D. 
Regulate the operation and care of the cemeteries and plots therein.
[Added 6-6-2012]
A. 
The members of the Cemetery Committee shall be appointed by the Board of Selectmen annually with terms running from July 1 to June 30.
B. 
There shall be seven members of the Committee of which at least five members shall be residents of the Town of Islesboro at the time of their appointment.
C. 
When a member is unable to serve or is removed for cause by the Board of Selectmen, the Board may appoint a person to complete the term of that member.
D. 
The Committee shall elect a Chair who shall call the meetings of the Committee as needed to administer this chapter. The Committee shall meet at least semiannually, the first meeting to elect a Chair.
The cemeteries of the Town to which these regulations apply are the two Town-owned cemeteries, Bayview Cemetery and Sprague Cemetery.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF SELECTMEN
The duly elected Board of Selectmen of the Town of Islesboro.
CEMETERY COMMITTEE
The persons duly authorized by the Board of Selectmen to administer, control and order all persons, vehicles and funerals in all Town cemeteries. Hereafter referred to as the "Committee."
IMMEDIATE FAMILY
Includes husband, wife, mother, father, children, siblings, grandmother, grandfather and grandchildren.
[Amended 6-6-2012]
INTERMENT
The permanent disposition of the remains of a deceased person by cremation and inurnment, or burial.
LOT, PLOT or BURIAL SPACE
Used interchangeably and shall apply with like effect to one or more than one adjoining grave(s).
MEMORIAL
Includes a monument, marker or headstone for family or individual use.
PERPETUAL CARE
See § 30-14 of this chapter.[1]
[Amended 6-6-2012]
RESIDENT
At time of lot purchase, an individual who is/does any two of the following three things:
A. 
Currently registered to vote in the Town of Islesboro;
B. 
Currently registers his or her vehicle(s) in the Town; and/or
C. 
Is an owner of record of property either real or personal in the Town.
TOWN OF ISLESBORO
Its inhabitants as a corporate body.
[1]
Editor's Note: The definition of "perpetual care funds," which immediately followed this definition, was deleted 6-6-2012. See § 30-14.
A. 
A state certificate (Disposition of Human Remains) is required for all interments, removals and disinterments, including cremated remains, and shall be submitted to the Town Clerk in order to provide a record of the burial(s).
B. 
Every earth interment shall be made enclosed in an outer container or receptacle, the design and installation of which shall meet the state standards. Cremains are not required to be enclosed in another container or receptacle.
C. 
The Committee reserves the right to refuse interment in any lot or open any burial place for any purpose, except on application by the plot owner or owners of record or their duly authorized agent.
D. 
The Committee reserves the right to make an interment of any member of the immediate family or any one of several plot owners upon his or her written authorization. No other person may be interred in any plot without the consent of all those owners of the plot who are recorded as such on the books of the cemetery. If there are no immediate family members who are still living, a nonimmediate family member may be interned with the permission of the Committee.
A. 
There shall be a limit of sale of lots to two lots (10 feet by 20 feet) totaling 400 square feet to be owned by each immediate family.
B. 
Sale prices of lots shall be listed on Attachment A to this chapter. The Board of Selectmen upon a recommendation of the Committee and after a duly called public hearing has the right to amend, set or establish such prices.[1]
[1]
Editor's Note: Attachment A is included at the end of this chapter.
No transfer or assignment of any plot, or interest therein, shall be valid without the consent of the Committee in writing first to be had and endorsed upon such transfer or assignment and thereafter being recorded in the Town's cemetery records.
A. 
All grading, landscaping and improvements of any kind and all care on plots shall be done, and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed and all openings and closing of plots, and all interments, disinterments and removals shall be made only by or under the direction of the Committee.
B. 
The throwing of rubbish in any part of the cemetery is prohibited.
A. 
The Committee shall have the authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the Committee, they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the standards listed above.
B. 
The Town shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces are attached, beyond the acceptance of such floral pieces for funeral services held in the cemetery. The Town shall not be liable for lost, misplaced or broken flower vases, for frozen plants or herbage of any kind, or for plantings damaged by the elements, thieves, vandals, or by other causes beyond its control.
C. 
The planting of trees, bushes, flowers and shrubs is allowed with the recommendation of small shrubs, such as Alberta spruce, that are slow growing (dwarf species) and that no yews be allowed. All care for trees and shrubs planted on lots shall be the responsibility of the lot owner.
D. 
Flags that are placed on graves shall have a maximum height of 48 inches. The Town shall be notified when a veteran dies so that the Committee can be sure to place a flag on the lot at the appropriate time. Flags shall be placed on veterans' lots from mid-May through November.
A. 
There shall be no commercial/professional filming allowed on cemetery grounds.
B. 
No snowmobiles or recreational all-terrain vehicles shall be permitted within the cemetery.
The Town shall take reasonable precautions to protect plot 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, acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosives, 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.
A. 
The term "perpetual care" as used in reference to plots shall be held to mean the cutting of the grass upon said plots at reasonable intervals and the marking and cleaning of the plots. It also means and intends to mean the general preservation of the plots and the grounds, walks, roadways and boundaries, to the end that said grounds shall remain and be reasonably cared for as cemetery grounds forever. See mowing and maintenance contract for specifications.
B. 
Unless otherwise provided for by separate agreement, perpetual care shall not be construed to mean the maintenance, repair, reconstruction or replacement of any memorial, marker, monument or of any object, material or construction upon the lot; nor the planting of flowers or ornamental plants; nor watering or sprinkling of lots.
[Amended 6-6-2012]
C. 
The Board of Selectmen upon recommendation of the Committee is hereby empowered to determine and regulate the size plots to be laid out in the various sections of the cemetery, from time to time, as it is improved.
D. 
The Board of Selectmen upon recommendation of the Committee shall determine and regulate as it may deem fit the cost to plot purchasers, taking into consideration the plot location, physical differences in character of the ground, financial considerations of the purchasers, and other such factors as may tend to influence the value of the lot.
E. 
Perpetual care is required on all lots purchased. The fee for perpetual care varies depending on the size of the lot. The fee for perpetual care will be invested in the Town of Islesboro Cemetery Trust Fund; said amount goes to the principal, and the interest generated from the trust account is budgeted into the Town revenue budget by vote at Town Meeting, to be put toward cemetery lot maintenance. Perpetual care shall be limited absolutely to the income received from the investment of the perpetual care funds, no part of the principal being expended.[1]
[Amended 6-6-2012]
[1]
Editor's Note: Original Subsection F, which immediately followed this subsection, was deleted 6-6-2012.
F. 
It is understood and agreed between the purchaser and the Town that all of said funds may be deposited with others of like character and intent, to the end that the income from such accumulated general fund shall be used for the general improvement and perpetual care of those portions of the cemetery designated for perpetual care.
G. 
The income from perpetual care funds shall be expended by the Town in such manner as will, in its judgment, be most advantageous to the property owners as a whole, and in accordance with the purposes and provisions of the laws of the state applicable to the expenditure of such funds.
[Amended 6-6-2012]
The certificate of ownership and the rules along with any amendments thereto shall constitute the sole agreement between the Town and the plot owner. The statement of any employee or agent, unless confirmed in writing by the Board of Selectmen, shall in no way bind the Town.
[Amended 6-6-2012]
Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. When emergencies arise or special cases occur where literal enforcement of the rules may be impractical or cause undue hardship, the Board of Selectmen, upon recommendation of the Committee, may make exceptions, suspensions or modifications of the rules without notice. Such exceptions, suspensions, or modifications of the rules shall in no way be construed to affect the validity or continued application of the provisions of this chapter.
[Amended 6-6-2012]
Monuments, including stone or concrete benches, shall be placed on foundations excavated to the frost line (approximately four feet deep) or to bedrock. The foundations shall be two inches wider on all sides than the base of the monument.
A. 
Any violation of this chapter shall be deemed to be a nuisance.
B. 
Violation of the provisions of this chapter shall be reported to the Codes Enforcement Officer by the Committee for appropriate enforcement action.
[Amended 6-6-2012]
C. 
The Board of Selectmen, or its authorized agent, is hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this chapter and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner, owner's agent, or contractor acted in bad faith, or unless the removal of the structure or use will result in substantial environmental damage.
D. 
Any person who orders or conducts any activity in violation of this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
Note: Current penalties include fines of not less than $100 nor more than $2,500 per violation for each day that the violation continues.