[HISTORY: Adopted by the City Council of
the City of Lebanon 4-3-2019 by Ord. No. 2019-03[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 46,
Cemeteries, adopted 3-7-2000 by Ord. No. 25, as amended.
The City Council of the City of Lebanon hereby ordains that
the following rules and regulations are hereby established to constitute
an ordinance for the proper operation and use of municipal cemeteries
within the City of Lebanon. The City Council recognizes that the municipal
cemeteries are places of honor and respect reserved as a final resting
place for the people of the City and desires to have the cemeteries
maintained in the best possible manner and firmly believes that these
rules and regulations are necessary for the protection of the City
and of lot and grave owners, and for the proper conduct and good order
of the cemeteries.
A.
The rules and regulations herein contained shall apply to any person,
firm, corporation, association, club, partnership, society or any
other form of association or organization.
B.
The City Council of the City of Lebanon, upon its own motion, or
upon recommendation of the City Manager and/or Board of Cemetery Trustees,
for good cause shown, may modify, suspend, repeal, or amend the provisions
of this chapter in whole or in part thereof.
The following shall be the general rules and regulations for use of municipal cemeteries as specified in § 46-5 herein. No person shall:
A.
Enter a cemetery except through an established gate or entranceway.
B.
Deposit rubbish or debris on cemetery grounds.
C.
Pick or damage any flowers, tree, shrub, (either wild or domestic)
soil, or other plant material.
E.
Use any form of advertising on municipal cemetery premises.
F.
In any way injure or deface any monument, stone, fence or other structure,
or property within any municipal cemetery.
G.
Allow any unleashed dogs in any municipal cemetery.
H.
Cause or allow any horses or horseback riding within or through cemeteries
expressly prohibited except when authorized by the Director of Public
Works or his/her designee for a burial ceremony.
I.
Allow a child under the age of 14 years of age in any municipal cemetery
unless accompanied by an adult.
J.
Use skates, a skateboard, bike or dirt bike, or similar instrumentalities
on municipal cemetery property.
K.
Enter any municipal cemetery between the hours of 10:00 p.m. and
6:00 a.m.
L.
In accordance with Chapter 18, Animals, § 18-12, an owner or person having custody of any dog or other animal shall not permit said dog or other animal to defecate in any cemetery unless said defecation is removed immediately and properly disposed of in a container for trash or litter or similar manner. Any person having control over a dog or any other animal, whether or not the owner, and has knowledge that such dog or other animal is defecating on cemetery grounds and does not remove and properly dispose of the defecation in a container of trash or litter or similar manner, shall be in violation of this chapter.
A.
Any person operating a vehicle within any municipal cemetery shall
be subject to all the traffic laws of the City of Lebanon and State
of New Hampshire applicable to motor vehicle operation.
B.
No person shall operate or cause to operate any vehicle within a
municipal cemetery except for cemetery business and only on roads
designed for that purpose, and no vehicle shall be driven at a speed
in excess of 10 miles per hour upon any roads within municipal cemeteries.
C.
No person shall enter any municipal cemetery with a loaded truck,
except the City maintenance crews, unless permission has been received
from the Department of Public Works.
D.
No person shall unload or remove any stone, dirt or other material
in any municipal cemetery, except the City maintenance crews in the
normal discharge of their work, or encumber walks, avenues or places
with such material, without express permission and consent of the
Department of Public Works.
E.
No person shall operate an off-highway recreational vehicle in any
municipal cemetery.
A.
The City Council of the City of Lebanon, acting on its own motion,
or upon formal recommendation by the Board of Cemetery Trustees shall
have the final authority for the establishment of municipal cemeteries
within the corporate limits of the City of Lebanon and shall as the
need arises set aside new City-owned ground areas for this purpose.
B.
Existing cemeteries. The following named existing cemeteries shall
be deemed to have been established as municipal cemeteries:
(1)
Glenwood/Mt. Calvary Cemetery: 117 Dulac Street, Lebanon.
(2)
Valley/Sacred Heart Cemetery: 258 Mascoma Street, Lebanon.
(3)
School Street Cemetery (Village Cemetery): 30 School Street, Lebanon.
(4)
West Lebanon Cemetery: Pleasant Street, West Lebanon.
(5)
Old Pine Tree Cemetery: Old Pine Tree Cemetery Road, West Lebanon.
(6)
Mascoma Cemetery: 685 Dartmouth College Highway, Lebanon.
(7)
Cole Cemetery: 108 Great Brook Road, Lebanon.
(8)
Upper Valley Jewish Community Cemetery: 267 Mascoma Street, Lebanon
(not City-owned, City-maintained per quitclaim deed (statutory form)
dated April 18, 1994, bk2085 pg0354).
C.
Platting of cemeteries. Before any new land is opened for municipal
cemetery use and the sale of lots, the City Manager shall have such
land area laid out showing the system of streets and avenues, and
a numbered system of lots; such platting to be done by a registered
surveyor and results thereof to be recorded with the Grafton County
Registry of Deeds.
(1)
Indigent plots. Single grave lot sections shall be established within
cemetery areas for the use of the City for the burial of indigent
persons.
(2)
The Board of Cemetery Trustees may recommend to the Council the designation
of areas in any cemetery, as space permits, to be laid out exclusively
for cremation burials, cremation columbariums, or natural burials,
and applicable dimensional requirements, therefor.
[Amended 3-16-2022 by Ord. No. 2021-16]
D.
Lot size established. Lot sizes for municipal cemeteries are hereby
established as follows:
(1)
Each single grave: four feet by 11 feet or 44 square feet.
(2)
Each infant grave: 24 inches by 44 inches or 1,056 square inches,
7.4 square feet.
(3)
Each cremation lot: 24 inches by 24 inches, or 4 square feet (applies
to Sacred Heart and West Lebanon Cemeteries only).
(4)
Natural
burial lots: six feet by 11 feet or 66 square feet.
[Added 3-16-2022 by Ord. No. 2021-16]
E.
Plat Review. The preliminary plan and layout of new municipal cemetery
land areas shall first be submitted to the Board of Cemetery Trustees
for nonbinding comments and recommendations, and then shall be submitted
to the Planning Board for review and approval. Upon approval, the
Planning Board shall advise the City Council of its approval with
recommendation for adoption.
F.
There is hereby established, pursuant to RSA 31:95-c, the Cemetery Maintenance Special Revenue Fund, whose purpose shall be the funding of cemetery general maintenance, preservation and capital improvements. All revenues from the portions of the lot prices designated for placement into the Cemetery Maintenance Special Revenue fund under § 46-6F of this chapter below shall be accounted for in that special revenue fund, which shall remain separate from the general fund, shall not be deemed part of the general fund accumulated surplus, and which shall be expended only after a Council vote to appropriate a specific amount from said fund for a specific purpose related to the purpose of the fund.
[Added 9-2-2020 by Ord. No. 2020-03]
A.
Condition of lot purchases. Lots purchased in the laid-out sections
of cemeteries in the City of Lebanon shall be conveyed by Cemetery
Deed, using a format adopted by regulation by the Board of Cemetery
Trustees. Conveyance of a lot shall not be deemed to convey ownership
of a fee interest, but solely of a perpetual right in the nature of
an easement, including interment and placement of monuments in accord
with City regulations, and which shall remain subject at all times
to the provisions of the City Charter, City ordinances and regulations,
and applicable state laws, including any subsequent amendments to
such provisions.
B.
Ownership of lots. For purposes of this chapter the ownership of
a lot shall be determined as set forth in RSA 290:24, provided, however,
that the deed form to be adopted by the Board of Cemetery Trustees
shall contain provisions whereby each lot purchaser shall have designated,
to the extent possible, the person or persons to whom ownership will
pass, or a manner for the determination of such ownership when the
purchaser or a designated prior owner is deceased — to be applicable
both before and after a person is interred on the lot. Such deed provisions
shall be deemed to supersede any inconsistent provisions contained
in wills or other document, with respect to the cemetery lot. The
Board of Cemetery Trustees shall, by regulation, adopt a procedure
for hearing and resolving the issue of lot ownership when it has become
uncertain or is in dispute. The decision of the Board of Cemetery
Trustees on this issue shall be final, in the absence of a petition
to the court of probate under RSA 290:24, III.
C.
Purchase procedure.
(1)
Lots in the cemeteries of the City of Lebanon may be selected and purchased from the Department of Public Works, and payment for lots purchased shall be made to the City of Lebanon. Such purchases shall require documentation that demonstrates purchaser's residency (used to determine charge for lots in accordance with § 46-6F below) along with the completion of a cemetery application in a form approved by the Board of Cemetery Trustees and deemed complete with the issuance of a deed in a format adopted by the Board of Cemetery Trustees and prepared by the Department of Public Works, signed by the City Manager, and recorded by the City Clerk. Such deed shall contain the name of the owner, purchaser (if different from owner), amount paid, name of cemetery, lot number(s), grave number(s), and cemetery section in which located, as well as all information to be used for determining ownership, as set forth in Subsection B above. Full payment (grave and payment into the Cemetery Maintenance Special Revenue Fund) is required at the time of purchase. Documentation to show residency may include a most recent tax bill, vehicle registration, driver's license (must include a physical address), non-driver/state-issued photo identification card, utility bill, signed lease agreement, or other evidence deemed adequate by the Cemetery Sexton.
[Amended 9-2-2020 by Ord. No. 2020-03; 3-16-2022 by Ord. No. 2021-16]
(2)
Licensed funeral directors may act as agent of a purchaser for the selection and purchase of lot(s) required for immediate need. The funeral director shall be responsible for fully completing the cemetery application with the correct purchaser and owner information necessary for the preparation of the deed, as set forth in Subsection B above, and for the payment of all fees outlined in this chapter on behalf of the purchaser. In addition, the owner must sign the application before a deed will be recorded.
D.
Records of cemeteries and purchase of lots. The keeping of records
for the cemeteries of the City of Lebanon shall be the responsibility
of the Department of Public Works. All maps showing laid out sections
of each cemetery, records of lot ownership and burials shall be kept
by the Department of Public Works. Copies of the deeds conveyed for
lot purchases shall be recorded by the City Clerk in a book provided
for this purpose.
E.
Transfer of lots/graves. No transfer or assignment of a lot or individual
graves shall be made by any owner without the express approval of
the City Manager, or his/her designee and all transfers shall be made
using a form approved by the Board of Cemetery Trustees, executed
through the Department of Public Works, and recorded by the City Clerk
in the cemetery records. A fee of $25 shall be paid to the City of
Lebanon for such deed transfers.
F.
Charge for lots. The following prices are established as the purchase
prices for cemetery lots and for required contributions to the Cemetery
Maintenance Special Revenue Fund. (Cemetery Maintenance Special Revenue
Fund payment is 50% of a grave lot cost.)
[Amended 9-2-2020 by Ord. No. 2020-03; 3-16-2022 by Ord. No. 2021-16]
|
Grave Type
|
Resident
|
Nonresident
|
|---|---|---|
|
Full (with permanent outside container)
|
$700 ($350 grave/$350
Special Revenue Fund)
|
$1,400 ($700 grave/$700
Special Revenue Fund)
|
|
Full (natural burial)
|
$1,050 ($525 grave/$525
Special Revenue Fund)
|
$2,100 ($1,050 grave/$1,050
Special Revenue Fund)
|
|
Infant
|
$300 ($150 grave/$150
Special Revenue Fund)
|
$600 ($300 grave/$300
Special Revenue Fund)
|
|
*Cremation (in-ground or columbarium)
|
$300 ($150 grave/$150
Special Revenue Fund)
|
$600 ($300 grave/$300
Special Revenue Fund)
|
|
As defined by NH RSA 21:6, as that statute may be amended from
time to time, a resident or inhabitant or both of the City of Lebanon
shall be a person who is domiciled or has a place of abode or both
in the City of Lebanon and who has, through all of his or her actions,
demonstrated a current intent to designate that place of abode as
his or her principal place of physical presence to the exclusion of
all others.
|
|
*For cremation interment, minimum purchase is one grave space.
Maximum number of cremation-type interments shall be six per grave
space (except in the case of combining full and cremation burials
in which only one full burial and five cremation burials per grave
will be allowed.
|
|
*For columbarium niche interment, minimum purchase is one niche
space. Maximum number of interments is two per niche.
|
[Amended 9-2-2020 by Ord. No. 2020-03; 3-16-2022 by Ord. No. 2021-16]
A.
General conditions.
(1)
Condition for burial. No burial, including a cremation burial, shall
take place without first obtaining a burial permit from the City Clerk
or State Registrar where the death occurred. All conditions of laws
and ordinances must be complied with, including the payment of any
back charges, securance of perpetual care, and/or maintenance and
preservation, or purchase of any lot(s).
(2)
Holiday burials. Holidays formally recognized by the City of Lebanon
include the following:
|
*New Year's Day
|
|
Martin Luther King, Jr./Civil Rights Day
|
|
Presidents' Day
|
|
*Memorial Day
|
|
*Independence Day
|
|
*Labor Day
|
|
Veterans' Day
|
|
*Thanksgiving Day
|
|
Day after Thanksgiving
|
|
*Christmas Day
|
|
*Burials are not permitted on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day
unless otherwise approved by the Director of Public Works.
|
|
Burials are permitted on Martin Luther King, Jr./Civil Rights
Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving,
subject to the rates listed below.
|
(3)
Errors in grave location. Neither the City of Lebanon nor the Department
of Public Works shall be responsible for errors in location of graves
on lots arising from improper instructions from persons making arrangements.
In all cases, orders for grave openings shall be communicated to the
Department of Public Works in writing or can be taken verbally over
the phone. Orders from funeral directors shall be construed as orders
from owners.
(4)
No movement or upgrading of monuments, and no opening or shifting of location of any grave or its placement on a lot shall occur without approval of the City, and all relevant provisions of this § 46-7 shall apply to such activities.
(5)
Preparation of grave. The digging of graves and replacement of excavated materials, other than those for natural burials as outlined in Subsection B(2)(f) below, shall be the responsibility of the Department of Public Works unless other arrangements are approved by the Director of Public Works.
(6)
Ceremonial materials, if used, and lowering of remains shall be the
responsibility of the funeral director or other responsible party.
(7)
Permanent outside containers. For burials other than natural burials as outlined in Subsection B below, remains for all interments, cremation or full, shall be enclosed in a permanent outside container which shall be provided by the owner of the lot or his agent, and installed under the supervision of the Cemetery Sexton or his/her designee. The following are considered permanent outside containers: concrete boxes, copper or steel vaults or cremation urns designed to withstand the deteriorating factor of the elements of burial.
(8)
Winter burials. The Department of Public Works will prepare graves for burial during the winter months, weather and other circumstances permitting. The preparation of graves by the Department of Public Works for natural burials that require hand digging shall be the loosening and removal of only as much material is required to remove frozen ground. Removal of remaining soil to achieve minimum burial depth shall be the responsibility of the next of kin, designated agent, or his/her designee and shall be supervised by the Cemetery Sexton or his/her designee. If circumstances are such that burial cannot be made, temporary interment may be in the cemetery tomb as stipulated in Subsection A(9) below.
(9)
Entombments in City Tomb. Entombment is only available for remains
that have been embalmed and are to be buried in a permanent outside
container. No entombment shall take place without notification of
the Department of Public Works. Entombment will be made until such
time that burial is arranged. No entombment shall be accepted prior
to November 1st of any year. All human remains must be removed from
the City Tomb no later than the following June 15th.
(10)
Burial of indigents. In the case of single grave lots for the burial
of indigents, the city will provide space and maintenance of a section
for such. However, no aboveground monumentation will be allowed until
such lot has been paid for and the required payment made to the Cemetery
Maintenance Special Revenue Fund.
B.
Natural burials.
"Natural" or "green" burial promotes the decomposition of the body with minimal impact to the environment. The deceased are buried without the use of embalming fluids, permanent outside containers, or modern caskets. In the spirit of natural burials, gravesites will be minimally maintained by the City of Lebanon pursuant to § 46-8B(4).
All other rules and regulations for Lebanon Cemeteries shall
apply to natural burial grounds unless policies and procedures are
inconsistent with this section or with the purpose and intent of natural
burials, in which case this section will govern.
(1)
Permitted location. Natural burials are permitted in Old Pine Tree
Cemetery and in Section "F" of the West Lebanon Cemetery.
(2)
Burial process:
(a)
All burials and services must be overseen by the Cemetery Sexton
or his/her designee.
(b)
Remains will be buried without the use of a permanent outside
container.
(c)
Human remains must be contained within a rigid casket, coffin,
or biodegradable burial container and should have minimal use of nails,
staples, glue, or other fasteners. External finishes of casket or
container must not include latex or metallic products. Use of any
oil-based finish must be plant-based. Upon ordering of grave opening
and service, next of kin, designated agent or his/her designee will
be required to sign an acknowledgement that the casket, coffin, or
container meets all requirements stated herein.
(d)
At time of scheduling burial, a filed certified copy of death
must be submitted to the Department of Public Works. If upon review,
there is a question of the cause of death being related to a contagious
or potentially hazardous virus or disease, the question will be referred
to and reviewed by the New Hampshire Department of Health, Center
for Disease Control and/or the State of New Hampshire Chief Medical
Examiner's Office. Should it be determined that the cause of
death could result in possible infection and/or spread of a contagious
or potentially hazardous virus or disease, a natural burial will not
be permitted.
(e)
Prior to burial, next of kin, designated agent, or other responsible
party must sign and submit a release of liability and waiver form
to include responsibility for all attendees of services.
(f)
Graves must be dug by hand if those lots are inaccessible to
excavation equipment as a result of the location of previous burials.
Hand digging will not be performed by the Department of Public Works
and is therefore the responsibility of the next of kin, designated
agent, or his/her designee and shall be supervised by the Cemetery
Sexton or his/her designee.
(g)
Natural burials require the bottom of the outside coffin, casket,
or burial container to be at a depth of four feet below the natural
surface of the ground with a minimum of three feet previously excavated
material on top of the coffin, casket, or burial container to the
natural surface of the ground. All material must be compacted, and
an additional 18 inches of topsoil be mounded above the natural surface
of the ground to accommodate for settling. Depth will be verified
by the Cemetery Sexton or his/her designee.
C.
Burial and entombment rates.
|
Full Burials
| |
|---|---|
|
Weekday during operating business hours
|
$500
|
|
Weekday after operating business hours
|
$500 plus $100 per hour after operating business hours
|
|
Weekend
|
$750
|
|
Holiday [as permitted in § 46-7A(2) above]
|
$875
|
|
Cremation Burials (In ground or columbarium)
| |
|---|---|
|
Weekday during operating business hours
|
$250
|
|
Weekday after operating business hours
|
$250 plus $100 per hour after operating business hours
|
|
Weekend
|
$400
|
|
Holiday [as permitted in § 46-7A(2) above]
|
$450
|
|
Columbarium niche inscription and service fee
|
$100
|
|
Natural Burials
| |
|---|---|
|
Weekday during operating business hours
|
$500
|
|
Weekday after operating business hours
|
$500 plus $100 per hour after operating business hours
|
|
Weekend
|
$750
|
|
Holiday [as permitted in § 46-7A(2) above]
|
$875
|
|
Infant Burials
| |
|---|---|
|
Weekday during operating business hours
|
$175
|
|
Weekday after operating business hours
|
$175 plus $100 per hour after operating business hours
|
|
Weekend or holiday
|
$350
|
|
Entombments
| |
|---|---|
|
Any period of time between November 1st and June 30th
|
$500
|
(1)
Burial rates will be reviewed by the Board of Cemetery Trustees on
an annual basis. If changes to the rates are proposed, the Board of
Cemetery Trustees shall make recommendations to the City Council for
consideration.
A.
Responsibility of the City. The general maintenance of the municipal
cemeteries and grounds, designed to improve and maintain their appearance
and condition, shall be the responsibility of the City. It shall include
such items as the upkeep of drives, buildings, fences, spring and
fall cleanup, raking of leaves, and the general periodic mowing of
grass. Municipal cemeteries will be cleared of all flowers, artificial
or natural, on April 1 and October 1, for a period of one month, each
year. Any person wishing to retain their plants, flowers or pots (cement
pots excluded) shall remove them prior to those dates.
B.
Care and maintenance of individual cemetery lots.
(1)
The City shall be responsible for maintenance of individual lots
to the extent of mowing and trimming of grass at reasonable intervals,
the raking and cleaning of lots, and grading and seeding, all at levels
to be determined in the discretion of the Cemetery Trustees, in light
of available funds, including any applicable funds from pre-existing
perpetual care funds, and use of the Cemetery Maintenance and Preservation
Trust Fund.
[Amended 9-2-2020 by Ord. No. 2020-03]
(2)
The City shall not be responsible for the maintenance or repair of any monuments, stones, markers or walls located on individual lots, nor the planting or care of flowers or plants thereupon, even where permitted under Subsection C below. Such maintenance and repair shall be the responsibility of the owner or owner's family, with any decisions concerning such maintenance or repair, or any other aspect of the individual lot, to be within the discretion of the owner, as determined under § 46-6, so long as such decisions are consistent with applicable regulations.
(3)
Exception: The City may in its discretion expend public funds to repair grave markers or monuments which have been damaged by act of God or vandalism, or have deteriorated due to lengthy neglect, and if no responsible owner can be identified or located. Prior to performing such work, the City shall make reasonable efforts to determine and notify the then-current responsible owner, as determined pursuant to § 46-6, but such efforts shall not require a search of deed or probate records. The City may contract out for such marker/monuments repair as it deems required. All contractors shall provide a certificate of insurance, evidencing coverage at such levels as the City may determine.
(4)
Lots
within designated natural burial sections of any municipal cemetery
will not be mowed or trimmed of grass, raked, cleared, or graded,
either by the City or any other party. The City will, however, perform
vegetative maintenance to prevent reforestation of natural burial
sections on as-needed basis.
[Added 3-16-2022 by Ord. No. 2021-16]
C.
Planting trees, shrubs and flowers prohibited. No trees, flowers
or shrubs shall be permanently planted in any lot in any municipal
cemetery. Existing trees or shrubs may be removed by the Department
of Public Works if detrimental to the cemetery, adjoining lots, or
inconvenient to the care and maintenance of lots. Natural flowers
and plants shall be potted in containers and placed only in the front
of the monument within the bounds of the lot readily movable for maintenance
operations. Any plants that have died may be removed and disposed
of by the Department of Public Works.
D.
Grading and care of lots. All grading of lots shall be done by the
Department of Public Works upon request of the owner, and no person
shall do any grading causing the surface of the ground to be raised
above the existing height of the surrounding area. No person shall
discharge any chemical or organic fertilizer, herbicide or other substance
on any lot without prior authorization by the Department of Public
Works.
E.
Curbing and fencing. No curbs or fences shall be permitted around
any individual lot or group of lots.
[Amended 9-2-2020 by Ord. No. 2020-03]
A.
Monuments and markers. All municipal cemeteries allow monumentation, markers and cornerstones of such dimension and material as shall be approved by the Department of Public Works. Monumentation shall be the total responsibility of the lot owner. Dimensions for monuments shall not exceed 24 inches width for a single grave, 72 inches width for two graves, and 84 inches width for three graves. Monuments are to be centered in lot and in line with other monuments located in that row. All reference to "monuments and markers" is to mean monumentation of a permanent nature that protrudes above the lawn surface. All such monumentation requires a concrete foundation (refer to Subsection B of this section). Only one aboveground monument per owner's lot (grave or group of graves) is permitted unless additional monuments are approved by the Board of Cemetery Trustees pursuant to § 46-12B. All other structures, including cornerstones, grass markers, and markers, shall be set flush with the lawn surface so that no part shall protrude above the surface of the ground. In areas designated for cremation-only burials, only a single grass marker not to exceed 12 inches by 24 inches set flush with the lawn so that no part shall protrude above the surface of the ground is permitted. An exception to the preceding is an allowance of one brass plaque and one flag on a veteran's grave, which should be placed on the upright monument end of the lot.
B.
In areas
designated for natural burials, a single flat stone may be placed
at the foot of the plot as a marker. The stone must be level with
the ground and may not exceed 12 inches by 24 inches. An exception
to the preceding is an allowance of one brass plaque and one flag
on a veteran's grave.
[Added 3-16-2022 by Ord. No. 2021-16[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B as Subsection C.
C.
Monument foundation and marker setting.
(1)
Foundations for monuments shall be constructed of concrete by the Department of Public Works upon request or by a monument company with the approval of the Department of Public Works. Those requesting foundations shall make the request in writing stating the location on the lot and size of foundation desired, both of which are subject to Subsection A.
(2)
The charge to the owner for foundations for monuments shall be:
(a)
$35 per cubic foot (minimum size - one foot [12 inches] by two
feet [24 inches]. Additionally, for every new foundation installed,
there will be a $75 fee for future maintenance and preservation, to
be placed in the Cemetery Maintenance and Preservation Trust Fund.
(b)
The charge for setting cornerstones: $40 per lot ($10 each).
(c)
The charge for setting grass (flat two-foot by one-foot) markers:
$50 per marker (Additional charges may be applied for lager size markers).
There is no fee for setting government provided military markers.
(3)
Foundations are set three times per year. Orders are accepted up
to May 1, July 1 and October 1 and are coordinated through the Department
of Public Works.
[Amended 9-2-2020 by Ord. No. 2020-03]
A.
Beginning on the date of adoption of the 2020 amendment to this chapter
(September 2, 2020), the buyers of lots in Lebanon municipal cemeteries
shall no longer be required to create a separate perpetual care trust
fund.
B.
There is hereby established - pursuant to the authority of RSA 31:19-a, as applied to the City by way of RSA 47:1 - an expendable trust fund to be known as the Cemetery Maintenance and Preservation Trust Fund. Interest income received from perpetual care trusts created prior to the adoption of the 2020 amendment to this chapter shall be transferred annually by the Trustees of the Trust Fund to the Cemetery Maintenance and Preservation Trust Fund. Total income or principal from the fund may be expended by the Board of Cemetery Trustees in accordance with the City's normal budgeting and appropriations procedures, for the aims and purposes delineated as the City's responsibilities under § 46-8 of this chapter, including the "Exception" set forth in § 46-8B(3).
C.
As set forth in RSA 31:19-a, III, custody and investment of the Cemetery
Maintenance and Preservation Trust Fund shall rest with the Trustees
of Trust Funds. In accord with RSA 31:19-a, IV, the Trustees are authorized
to accept privately donated amounts to be placed in the fund, provided
that, as set forth therein, such privately donated amounts shall be
invested and accounted for separately from, and not commingled with,
amounts appropriated to the fund by the City. The Cemetery Trustees
shall adopt a Statement of Intent form to be executed by the purchaser
or agent at the time such contributions are made.
D.
Perpetual care trusts created prior to the adoption of the 2020 amendment
to this chapter shall remain in effect and continue to be administered
as was required prior to said amendment; provided however, that interest
income received from those trusts may be transferred annually by the
Trustees of Trust Funds to the Cemetery Maintenance and Preservation
Trust Fund, as long as such transfers are consistent with the terms
of those trusts.
E.
Previous owners. Owners of cemetery lots purchased prior to August
1, 1966, shall secure perpetual care service by applying to the Trustees
of Trust Funds through the Department of Public Works for the acceptance
into the Cemetery Maintenance and Preservation Trust Fund of a sum
sufficient to provide the income necessary for the care and maintenance
of the lot.
A.
The penalty for violating any provision of this chapter or any regulation
adopted under this chapter shall not exceed $1,000 as provided in
RSA 47:17, and the City will request that the court order restitution.
C.
In the event that an owner or other person is maintaining a cemetery
lot or monument in a manner inconsistent with this chapter or with
regulations adopted hereunder or any permit issued hereunder, in addition
to any other remedy or penalty, the Department of Public Works may
notify the owner or other person, if known, in writing concerning
the deficiency, and setting forth a date before which corrective action
must be taken, and if the violation remains uncorrected by that date,
the Department may take action to correct the violation, including
the removal of markers or monuments in violation.
A.
In accord with RSA 289:7, I(a), the Board of Cemetery Trustees may
adopt such bylaws, regulations or forms as are consistent with this
chapter and with applicable state and federal law. Such regulations
may include procedures for the Cemetery Trustees to review, on request,
a decision made by the Department of Public Works under this chapter.
B.
The Cemetery Trustees may upon request, grant exceptions to the restrictions on individual lots as set forth in § 46-7 above, including but not limited to permitting trees, shrubs, curbs or fencing on lots. However, any such exception shall require a long-term agreement giving the owner(s) responsibility for maintenance of any such plants or structures, such agreement to be approved by the Cemetery Trustees and signed by the owner. In the event the plants, structures or other conditions permitted by such exception are not maintained in accord with the agreement, the City may remove or otherwise remedy them.
C.
This chapter and all regulations or exceptions adopted hereunder
shall be administered by the Cemetery Trustees and Department of Public
Works in such a manner as will not be discriminatory toward any person
on account of religion, creed, race, color, ethnicity or national
origin.
