This chapter shall hereafter be known as the "Cemeteries Chapter of the Code of the Town of Camden."
[HISTORY: Adopted by the Town Board of the Town of Camden 10-13-2025 by L.L. No. 2-2025. Amendments noted where applicable.]
The Town Board finds that since the Town has control over several cemeteries and that the Town has no regulations pertaining thereto, regulations should be established for the care, management and use of said cemeteries.
This chapter is enacted pursuant to the provisions of the Municipal Home Rule Law of the State of New York.
In order to establish a complete set of rules and regulations to govern the Town cemeteries by the Town Board of the Town of Camden, it is determined that this chapter be adopted for the proper care, management and use of the Town cemeteries.
The term "burial site" refers to and shall include any piece of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery.
The term "cemetery" shall include any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried.
Cemetery | Location of Cemetery |
|---|---|
Brewer Road Cemetery (Revolutionary War Veterans) | 9549 Brewer Road Camden, NY 13316 |
Forest Lawn Cemetery | 9530 Harden Boulevard Camden, NY 13316 |
Forest Park Cemetery | 40 Harden Boulevard Camden, NY 13316 |
Westdale Cemetery | 10949 Cemetery Road Westdale, NY 13483 |
NYS Route 13 Cemetery | NYS Route 13 Camden, NY 13316 |
Mexico Street Cemetery (Founding Fathers, Revolutionary War Veterans) | Mexico Street Camden, NY 13316 |
Notwithstanding the identification of cemeteries and/or burial sites herein above, this list shall not be deemed exhaustive such that any cemeteries and/or burial sites not identified on said list are subject to the provisions herein. |
The Town Highway Department, Town appointed person or contractor is responsible for all cemetery maintenance.
A.
Persons desiring to purchase a lot(s) are referred to the Town Clerk of Camden. Following the selection of a lot, the prospective purchaser shall pay for the lot(s). The transaction will be receipted and a lot deed will be prepared by the Town Clerk and mailed to the purchaser.
B.
Cemetery lot deeds will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased when there are no living relatives. At the time of need, the cemetery lot must be fully paid prior to the opening of the grave.
C.
There shall be no reserving of lots. All lots will be available to the public at large until payment in full is received by the Town Clerk. No partial payments shall be accepted.
A.
The term "lot owner" or "ownership" shall be defined as the right to use a lot or part of a lot, as purchased from the Town for burial purposes only, and under the existing and subsequent rules and regulations as prescribed by the Town for such use.
B.
Lots or fractional lots, for which the Town has issued lot deeds, will not thereafter be divided except by consent of the Town. All lots are exempt from taxation and cannot be seized for debt (except those owed to the cemetery) nor can they be mortgaged.
C.
The Town shall have the right to assume, at all times, that the lot owner acquired the lot for the interment of herself/himself and family members. Unless otherwise directed in writing and filed with the Town Clerk by the owner, devisee, or heirs, the Town will permit the interment of family members at the request of any interested person upon the proof of eligibility for burials as follows:
(1)
The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(2)
When there is no surviving spouse, the devisees or heirs of the owner, may by order or will or by an agreement in writing, determine who among them shall have the right of interment, which agreement shall be notarized and filed with the Town Clerk.
(3)
In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need.
(4)
All burial rights in cemetery lots purchased from the Town occupy the same position as real estate at the death of the owner. Only persons whose names appear on the cemetery records of the Town will be recognized as owners or part owners of lots. In the case of a will, a certified copy of the will shall be delivered to the Town Clerk before the Town will recognize the change in ownership. If the deceased lot owner left no will, satisfactory proof of descent shall be presented.
(5)
A lot deed invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Rules and Regulations. Lot owners may not resell or transfer their lots or parts of lots to anyone whomsoever. Transfer may be made only to the owner's spouse or children by the surrender of the original lot deed and issuance of a new lot deed by the Town to the new owners of lots or parts of lots so transferred. Lot owners desiring to dispose of lots or part of the lots, back to the Town for a price not to exceed the original purchase price of the lot.
(6)
In the event a living lot owner wishes to transfer their lot or part of a lot to an individual other than their surviving spouse, devisees, or heirs, such transfer shall not be permitted. Instead, the Town shall offer to repurchase the lot at the original purchase price paid by the owner. Upon reacquisition, the Town may resell the lot at the current rate established for cemetery lots at the time of resale. This process ensures consistency with cemetery ownership policies and preserves the integrity of interment rights within the Town.
(7)
Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further cemetery beautification plans.
A.
The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify E.W Carle & Sons Monument. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, E.W Carle & Sons Monument will locate the exact site and determine the earliest possible time a service can be held. When definite information for location of the gravesite is not available, the Town Clerk will exercise his/her best judgment in making the location. The cemetery assumes no responsibility for any error in such location.
B.
No burial will be allowed until a burial permit is provided to the Town Clerk.
C.
A charge for opening the grave will be made at a current rate set by the Town Board. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. Individuals, who make arrangements, if not a funeral director, must make payment prior to the grave opening.
D.
Graves shall be dug by the Town or Town appointed person or contractor and shall conform to all applicable state laws. Only the Town or an appointed person or contractor shall open grave sites.
E.
The internment of bodies of persons who have died of a contagious disease shall be in a strict accordance with the rules of the State Board of Health.
F.
The internment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one fully body grave space is limited to a maximum of one casket each or one cremated remains and one casket.
G.
No internments of a body other than that of a human being will be permitted.
H.
Should weather become a factor, or when several burials occur on the same date, E.W Carle and Sons Monument shall schedule interments, working in close cooperation with the funeral directors or person assuming responsibility. To avoid conflict, it will be necessary to honor service communications from the funeral directors or person assuming responsibility according to the time received.
A.
Removal of bodies from graves will be done only by the Town or Town appointed person or contractor in accordance with the requirements or the statutes of the state and the rules of the Public Health Department.
B.
Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit.
A.
Monument dealers and the purchasers are encouraged to contact the Town prior to ordering a monument to check on monument restrictions.
B.
The Town of Camden does not engage in stone or monument installation or repair; however, all stone and monument work within the cemeteries shall be subject to the following regulations and requirements:
C.
No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the cemetery maintenance equipment.
D.
The setting of monuments and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the Town. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the cemetery except soil. Excess soil must either be removed from the cemetery or may be placed in the cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots. Monument dealers are responsible for properly setting all stones and must provide the Town of Camden with a current certificate of liability Insurance prior to performing any work within the cemetery.
E.
Heavy trucking will not be permitted within the cemetery when, in the opinion of the Town, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular cemetery hours of operation, Monday to Friday, unless by special permission from the Town Board.
F.
No work shall be done with the cemetery without providing proof of liability insurance coverage of at least $1,000,000 and worker's compensation insurance.
G.
All corner markers are set by the Town or Town appointed person or contractor.
H.
Stone or monuments of any sort, once established in the cemetery, may not be removed except by permission of the Town.
I.
Foundations will be done by E.W Carle & Sons Monuments for a fee.
The construction of vaults and mausoleums must be approved by the Town.
A.
Permanent plantings that are planted will be removed without notice.
(1)
No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition.
(2)
Artificial wreaths, artificial flowers, and decorations may be used, but all artificial flowers and decorations that remain from the previous year will be removed by April 1 or when considered to be unsightly by staff.
(3)
All objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the cemetery maintenance staff without notice.
(4)
The Town reserves the right for its staff and other persons appointed by the Town Board to enter upon or cross over any lot in the cemetery when deemed necessary to the performance for normal cemetery operation.
(5)
The Town reserves the right to move monuments for the purpose of machine digging graves. The Town assumes the responsibility for resetting the monument in a timely manner.
(6)
The Town nor its employees assume no responsibility for actual damages or mental anguish in the performance of its normal operation, or loss by vandalism or other acts beyond its reasonable control.
A.
Visiting hours for the cemeteries are from dusk to dawn. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the cemetery.
B.
All persons entering the cemetery grounds shall conduct themselves in a respectful manner.
C.
Children under 12 shall not be permitted in the cemetery grounds unless accompanied by an adult who is responsible for their conduct.
D.
Vehicles traveling within the cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed five miles per hour. Drivers should be aware at all times of the Town's right to alter, change or close alleyways, roadways, and other physical properties of the cemetery.
E.
No unauthorized vehicles shall be allowed within the cemetery grounds. This includes all off-road vehicles such as four wheelers or snow mobiles.
F.
Firearms will be allowed inside the cemetery only for use at military funerals, Memorial Day and any other military or police function.
G.
It is unlawful to bring, cause, or permit a dog or any animal to enter the cemetery except seeing eye dogs, unless confined inside a vehicle.
H.
Any person who shall be found to violate visitor rules shall be subject to penalties as applicable in the Town of Camden.
Veterans and other civic organizations may place a marker/flag holder and the American Flag to honor their dead.
A.
No glass containers, barrels, blocks or benches; no planting of trees, shrubs, or flowers will be allowed.
B.
Persons may place a combination of three of the following memorial decorations on each gravesite:
(1)
One eternal light, placed against the headstone.
(2)
Two single shepherd's hook or one double shepherd's hook with two hanging plants. The shepherd's hook pole shall be placed against the headstone.
(3)
One wreath or floral piece placed on the headstone.
(4)
One urn or crock with plastic or real flowers placed against the headstone.
No structure shall be erected within 10 feet of any cemetery or burial site identified in this ordinance. All construction activities must also comply with applicable local building codes, which require a minimum setback of 10 feet from the property line.
A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the cemetery plot, grave opening, cremation burial, stillborn burial, Saturday burials, disinterment, vault storage, deed recoding fee, foundations, and funeral services not completed by 3:00 pm.
A.
Establishment of rate.
(1)
The Town of Camden shall assess a fee for perpetual care services within all municipally operated cemeteries. This fee shall be applied at the rate in effect at the time of purchase and shall be based on the present-day cost of providing long-term maintenance and preservation of burial plots.
B.
Scope of perpetual care.
(1)
Perpetual care shall include, but not be limited to, routine lawn maintenance, seasonal clean-up, repair of common infrastructure, and general upkeep of cemetery grounds. It shall not include individual monument or marker repair unless otherwise specified by separate agreement.
C.
Rate determination and review.
(1)
The Town Board shall establish the perpetual care rate by resolution, taking into account current operational costs, projected maintenance needs, and inflationary factors. The rate shall be reviewed annually during the Town's budget process and may be adjusted accordingly to ensure the sustainability of cemetery operations.
A violation of any provision of this chode shall be punishable by a fine not to exceed $250 and/or maximum of 15 days imprisonment, except where penalties establish by statue apply.
If any clause, sentence, paragraph, subdivision, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. The Town Board of the Town of Camden hereby declares that it would have enacted this chapter, or the remainder thereof, notwithstanding the invalidity of such part.
This chapter shall take effect immediately upon filing in the office of the Secretary of State of the State of New York, subsequent to having been duly adopted by the Town Board of the Town of Camden.