[HISTORY: Adopted by the Town Board of the Town of Somerset 3-14-2018 by L.L. No. 4-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 82,
Cemeteries, adopted 5-14-2013 by L.L. No. 3-2013.
A.
All graves sold for Somerset Cemeteries shall be in accordance with
the provisions of the laws of the State of New York and shall not
be used for any other purpose than as a burial place for deceased
human beings. The sale of graves shall be limited to past or present
Town of Somerset residents and their spouses or distributees. A sworn
affidavit of residence in the Town is required of all purchasers before
a deed conveying a burial space will be issued. Full purchase price
of graves must be paid before a deed will be issued or a burial permitted
in a grave. All graves sold are under the permanent care of the cemetery.
B.
Graves shall be used only by the purchaser or the purchaser's
spouse or distributees.
C.
Only the Superintendent of Grounds of the Town of Somerset is permitted
to plant trees/shrubbery within Town cemeteries. The Superintendent
of Grounds of the Town of Somerset has the right to order the removal
of any trees and shrubs within Town cemeteries.
D.
Placement of items on graves.
(1)
One non-glass crock, non-glass vase of flowers, shepherd's hook
or wreath per grave is allowed, and it must be located immediately
next to the headstone. Two eternal flames are allowed and must be
located immediately next to each side of the headstone. Crocks, vases
and shepherd's hooks may be placed on the graves after May 15
and shall be removed by November 1 of each year. Wreaths may be placed
on the graves after November 1 and shall be removed by April 1. Eternal
flames may be left year round. The Town of Somerset reserves the right
to remove all items from graves as soon as they become unsightly or
according to the schedule above.
(2)
The placing or installation of signs, boxes, shells, toys, metal
designs, ornaments, chairs, settees, glass vases, glass crocks, wood
or iron crosses and similar articles upon or within graves or lots
is prohibited, and the Superintendent of Grounds may order the removal
of any of said articles. Vigil lights are permitted, subject, however,
to the owner's risk of damage or loss.
(3)
The placing of glass blocks or vases as receptacles for flowers,
either artificial or grown on graves or plots, is prohibited.
E.
Headstones.
(1)
Only headstones of the flat, bevel, slant or monument types are allowed.
(a)
The base maximum for a single grave is 14 inches in depth, 36
inches in length and six inches in height.
(b)
The base maximum for a double and triple grave is 14 inches
in depth, 54 inches in length and six inches in height.
(c)
The base maximum for a quadruple grave is 14 inches in depth,
72 inches in length and six inches in height.
(2)
The overall height for all headstone and bases combined shall not
exceed 34 inches.
(3)
All foundations shall be constructed under the direction and according
to specifications of the Superintendent of Grounds at a charge to
the owner.
(4)
Only headstones shall be permitted on a grave. No headstone shall
be placed on the grave until the foundation is installed and ready
to receive the headstone. No headstone shall be placed in the center
or at the foot of a grave.
(5)
Inscriptions upon monuments, headstones or other memorials must bear
the family name which appears on the deed to the lot or grave on which
the monument, headstone or other memorial is to be situated, except
that the deed owner of such grave or lot may, upon his or her own
election and upon written notice to the Town, add an additional name
thereon.
(6)
Inscriptions shall be in English letters, except that foreign inscriptions
may be added after approval of the Superintendent of Grounds obtained
upon application containing a translation of the foreign inscription
into English.
F.
Concrete, steel or fiberglass vaults shall be used.
H.
No internment shall be allowed without a permit furnished by the
Funeral Director, properly issued by the Registrar of Vital Statistics,
on the prescribed form provided by the New York State Department of
Health. Payment for burial services shall accompany the burial permit.
No prepayment for burial services will be allowed.
I.
Corner posts or markers of a suitable material may be installed by
the Town of Somerset at the corners of lots upon written request to
the Superintendent of Grounds. A lot is considered a group of four
consecutive graves owned by one family. Only the Town of Somerset
may install such corner markers, and the expense shall be incurred
by the grave owner requesting the marker.
J.
The Town Board reserves the right to remove any article found within
the grounds of the Town of Somerset cemeteries not permitted in accordance
with the rules and regulations set forth herein. In addition, agents
and employees of the Town Board shall have the right to enter upon
or use any adjoining grave or lot to carry out its responsibilities
as to internment or maintenance of the cemetery.
K.
The Town of Somerset assumes no responsibility for monuments, memorials
or markers or any other articles of any nature removed from any plot
or grave or for damage or destruction of any such articles.
L.
Schedule of internments.
(1)
Hours of burials and disinterments shall be as follows:
(a)
Weekdays, Monday through Friday, beginning at 9:00 a.m. to be
completed by 2:00 p.m.
(2)
No holiday or weekend burials will be conducted; however, and only
in the event that an extremely exigent circumstance exists, the Town
will consider such request(s) and weigh the matter accordingly.
(a)
Such request for holiday or weekend burial should be made to
the Town and include the facts and circumstances surrounding the exigent
need.
(b)
The Parks and Recreation Committee shall make a determination
to approve or deny a holiday or weekend burial.
(c)
Any approved weekend or holiday burial shall occur between the
hours of 9:00 a.m. and 2:00 p.m. Any holiday or weekend burial shall
be completed by 2:00 p.m.
(3)
Weekend or holiday burials are subject to additional fees as periodically
set by the Town Board by resolution.
M.
All Town cemeteries will be open from dawn to dusk.
N.
The following are strictly prohibited within cemetery grounds:
(1)
Dogs.
(2)
The placing of watering cans, fertilizer, and decorative stones and/or
rocks.
(3)
Children under 12 years of age unless accompanied by parents or adult
guardians.
(4)
Conduct which would result in damage to cemetery property.
(5)
Picking flowers or breaking or damaging trees, shrubs, or plants.
(6)
Soliciting business of any kind, or soliciting contracts or orders
for monuments, headstones or any other work.
(7)
Signs, notices or advertisements of contractors, stonecutters, undertakers
or others.
(8)
Selling refreshments of any kind.
(9)
The discarding of wastepaper, flowers, plants or any other waste
articles except by depositing the same in receptacles situated within
the cemetery for that purpose.
O.
Lot owners are prohibited from allowing internments to be made on
their lots for compensation.
P.
No lot owner may transfer his or her lot without the permission of
the Superintendent of Grounds. Said transfer request shall be made
in writing to the Town Clerk. Commencing on January 1, 2019, any lot
transfer approved by the Superintendent of Grounds shall be subject
to a lot transfer fee, periodically set by resolution by the Town
Board of the Town of Somerset.
Q.
All sales of graves and internments are final and cannot be reconveyed
or sold back to the Town.
The fees for cemetery services for the sale of graves and interments
shall be established periodically by the Town Board by resolution,
which fees shall be incorporated herein and made part of. A copy of
the current fees may be obtained from the Town Clerk.
The Town Clerk shall be responsible for collecting and turning
over to the Town all internment fees and consideration received for
the sale of graves.
Any person or persons, association or corporation committing an offense against any provision of § 82-1 of this chapter or any subsection thereof shall be guilty of a violation of this chapter punishable by a fine not exceeding $25 for each such violation.
