NEWS & NOTICES

30
Aug

EXHIBIT A……….. DECENDANT’S NEXT OF KIN and SUCCESSION

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EXHIBIT A
DECEDENT’S NEXT OF KIN

1.    This section is intended to assist families to understand their legal rights under the laws of Kentucky; however, because the laws are subject to change, construction of wills may be subject to interpretation, and the Cemetery is not a provider of legal services to the public, the Cemetery hereby disclaims the advice in this section and refers the families to outside legal counsel for a binding opinion.

2.    The decedent’s next of kin has the exclusive right to speak with authority on matters involving maintenance, disturbance or desecration of the decedent’s burial space, its monument, wrongful burial, and disinterment.

3.    The next of kin for purposes of this section ONLY is the following in descending order;
a.    To the husband or wife of the decedent, the surviving spouse, the courts have given a “paramount right” to act and decide most matters relative to the rights of the interred; if there is none surviving, then
b.    To his children and their descendants; if there are none, then
c.    To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then
d.    To his brothers and sisters and their descendants; if there are none, then
e.    One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
f.    If there is no such kindred to one of the parents as is described in subsection (e), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.

4.  The burden of proof of who is the next of kin is on the person wanting to assert it.

5. Notwithstanding the above, a designee on the Funeral Declaration Form, pursuant to statute, may have superior rights over the next of kin to implement the burial wishes of the decedent.

 

SUCCESSION

Intestate (no will)

1.    Dower Right: a dower interest consisting of one-half the marital interest in all real property owned at the time of death of the interred, which includes a Cemetery burial right immediately passes to the surviving spouse, if any.  KRS 392.020.

2.    The remainder of the burial rights in joint Ownership if there be a dower right interest or if there be no dower interest, then the entirety of the burial rights shall immediately pass upon death to the Next of Kin.

3.    Next of Kin Succession Rights:  The next of kin for purposes of this section ONLY is the following in descending order  §KRS 391.010;
a.    To his children and their descendants; if there are none, then
b.    To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then
c.    To his brothers and sisters and their descendants; if there are none, then
d.    To the husband or wife of the decedent; if there is none surviving, then
e.    One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
f.    If there is no such kindred to one of the parents as is described in subsection (e), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.

4.    The burden of proof of who is the rightful Owner is on the person wanting to assert it.

5.    It is the duty of the rightful Owner(s) to provide notice to the Cemetery for its approval and records keeping of a change in Ownership by sale or succession of rights.

Testate (under a Will)

1.    A specific gift or devise of burial rights shall properly pass to anyone by express statement of a Will.

2.    In KY a general devise of a remainder of an estate often found in the closing of a will does NOT convey burial rights unless it mentions real property.

3.    Burial rights immediately pass by intestacy outside of the will unless specifically mentioned in the Will or the general devise specially mentions real property.

4.    It is the duty of the rightful Owner(s) to provide notice to the Cemetery for its approval and records keeping of a change in Ownership by sale or succession of rights.

5.    Under property law, a right of property must be in writing.  Without a writing, there is no transfer of property right, whether dealing with the initial sale or a subsequent transfer of the burial right to another (except in probate when transfer is often a matter of law).

6.    A burial right is nondefeasible, however, multiple burial rights may be divided between the heirs by express agreement of the heirs.

 

30
Aug

ARTICLE XXVIII ..TRANSFER OR ASSIGNMENT

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ARTICLE XVIII –  TRANSFER OR ASSIGNMENT

1.    Transfer or Assignment:  The Owner of a burial lot may, at any time, transfer this right to another person.  No transfer or assignment of any plot, or interest therein, shall be valid until evidence thereof is provided to the Cemetery and the change of Ownership is recorded in the Cemetery’s Records. This procedure is required in order that the Cemetery may at all times have a complete and accurate record of all Owners.  The Cemetery may refuse to consent to a transfer or to an assignment as long as there is indebtedness due the Cemetery from the Owner so recorded in the records of the Cemetery.

2.    Certificate Issued on Payment:  Upon having made a lot selection and full payment of fees and charges the clerk will issue interment rights which will give a certificate of burial rights for the Cemetery lot.  The sexton will then record the certificate in the Cemetery Records.

3.    Right of Succession:  The Owner of interment rights may dispose of same by will, subject to foregoing conditions.  If the Owner dies intestate the interment rights will descend to his or her heirs according to the laws of descent.

4.    Division of Burial Rights:  The subdivision of interment rights is not allowed without consent of the Cemetery.

5.    Form of Transfer:  All agreements for the assignment of Cemetery interment rights must be in a format acceptable to the Cemetery.  All terms and conditions for the assignment rights must be recited in the assignment contract: verbal agreements or representations will not be recognized.  All said agreements must provide for payment to Cemetery as applicable.

6.    Exclusions:  The lot Owner or the Owner’s legal representative may at any time designate in writing to the Cemetery Management who the Owner does or does not wish to be buried in the Owner’s lot or grave. Such notice, if not witnessed by the Cemetery, shall be notarized by a Notary Public.  Such designation may not be changed by subsequent Owners.

7.    Power of Attorney:  Power of Attorney to act for the Owner must be filed and recorded at the Cemetery office to become operative.

8.    Trading Up:  The Owner of an unused and unimproved burial lot may trade up for another lot in the Cemetery a previously purchased grave space for another grave space in the Cemetery, mausoleum crypt, lawn crypt or columbarium.  The value of the traded burial right(s) shall be that as set out in the aforesaid Buyback Provision.

9.    Recording Fee:  The Cemetery may charge a recording fee for all change of Ownership recordings.

30
Aug

ARTICLE XXVII …PROTECTION FROM LOSS OR DAMAGE

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ARTICLE XXVII –  PROTECTION FROM LOSS OR DAMAGE

1.    Disclaimer:  The Cemetery 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, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, 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.

2.    Gravesite:  The Cemetery is not responsible for theft or damage to anything placed on graves or lots.

3.    Orders Given by Telephone:  Under no condition will the Cemetery assume responsibility for errors in opening graves, crypts or niches when orders are given by telephone. Orders by the funeral director for the opening of graves, crypts or niches will be construed as orders from the lot Owner.

4.    Misrepresentations or Errors:  The Cemetery will not be liable for misrepresentations or errors made by the person or persons purported to be the Owners, legal representatives or agents.

5.    Right of Cemetery Self Help:  Upon a Holder of burial rights’, their successors’, agents’, guests’, visitors’, or suppliers’ (collectively “Holder”) failure to comply with the provisions of the Rules and Regulations, as may be amended from time to time, the Cemetery may freely enter upon the Lot and all improvements thereon at any time and take or cause to be taken such action as may be considered necessary at the Cemetery’s sole discretion to cause compliance therewith, without liability unto the Cemetery or any of its respective successors, assigns, officers, employees, stockholders, directors, partners, agents, servants or contractors, or affiliates or related entities, from the Holder, or any other person or entity for trespass, theft, emotional distress or otherwise, and the Holder shall immediately, upon demand, reimburse the Cemetery or other performing party for all expenses incurred in so doing, including, without limitation, attorney’s fees, and the Cemetery shall have a lien on that or other lots in the Cemetery owned by Holder and the improvements thereon to secure the repayment of such amounts.

6.    Legal Costs:  In the event of litigation relating to any subject matter involving the Holder’s of burial rights, the Cemetery shall be reimbursed for all of its reasonable attorney fees and costs resulting therefrom by said Holder(s).

7.    Adjoining Lots:  Lot Owners are liable for any damage to adjoining lots or other property in the Cemetery caused their agents by construction work on mausoleums, monuments, markers, etc.

8.    Notice of Prosecution:  Violations of the above Rules and Regulations shall be prosecuted as provided by law.

9.    Vehicle Restrictions:  It shall be unlawful to operate a motor vehicle within the Cemetery at a speed in excess of ten (10) miles per hour; all vehicles shall be restricted to the Cemetery roads and shall drive and park on the right side. No undue noise shall be permitted by vehicles traveling through the Cemetery and only licensed drivers my operate vehicles within the Cemetery grounds.

10.    Sexton Authority:  The Sexton reserves the right to exclude any or all vehicles from the grounds on Memorial Day, other holidays or when a special event requires exclusion due to public safety or private protection. The Sexton also reserves the right to exclude any vehicles that might in any way damage the roads within the Cemetery grounds.

30
Aug

ARTICLE XXVI ….PROPERTY RIGHTS OF PLOT OWNERS

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ARTICLE XXVI –  PROPERTY RIGHTS OF PLOT OWNERS

1.    Owner of Record:  All lots, plots and burial space conveyed shall be presumed to be the sole and separate property of the person or persons named as grantee in the instrument of conveyance; provided, however, that the husband or wife shall have a vested right of interment of his or her body in any burial plot conveyed to the other, which right shall continue as long as he or she shall remain the husband or wife of the plot Owner or shall be his or hers, wife or husband at the time of such plot Owner’s demise.

2.    Divorce:  A final decree of Divorce between them shall terminate such vested right of interment unless it shall otherwise be provided by such decree of divorce.

3.    Joint Tenancy:  Joint Ownership of burial rights is permitted.  In all conveyances to two or more persons as joint tenants, each joint tenant shall have a vested right of interment of his or her remains in the plot so conveyed. Upon the death of a joint tenant, the title to the burial plot heretofore held in joint tenancy immediately vests in survivor or survivors, subject to the vested right of interment for the remains of the deceased joint tenant Owner. A vested right of interment as in this rule provided may be waived and shall be terminated upon the interment elsewhere of the remains of a person entitled thereto.

4.    Change of Ownership:  On the decease or transfer of the proprietor of a lot, when the lot is not specifically mentioned in his will, it is the duty of the heirs at law or buyer to notify in writing the Cemetery as to the change of Ownership and their contact information of the remaining burial rights.

5.    Location of Lots:  Location of lots will be in accordance with the Cemetery master plan which is kept on file in the Cemetery office. The corner of each lot and the grave spaces will be laid out by the Cemetery Management. Grade lines of all lots and single graves are established before the lots or graves are sold and will not be changed thereafter.

6.    Exhibits:  Please see Exhibits hereto entitled, DECEDENT’S NEXT OF KIN and SUCCESSION for assistance with succession of Ownership of burial rights.

30
Aug

ARTICLE XXV……PLANTINGS

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ARTICLE XXV –  PLANTINGS
1.    Plantings:  The planting of flowers, trees and other plants is not allowed within the cemetery at any time.

2.    Previously Approved Plantings:  Owners or heirs of lots that previously received approval to plant perennials by the Cemetery Board may retain their existing perennials. These plantings are legacied and exempt from current planting regulations. However, if such plants are neglected by owners or heirs of the lots, they shall be removed without notice at the discretion of Cemetery Management and the cost for restoring the lot will be charged to the Owner or heirs thereof.

3.     Right of Removal:  The Cemetery shall have the right to remove, without notice, trees and shrubs and flowers planted in violation of these rules. The Cemetery Management reserves the right to trim, cut down and remove any plantings by a Lot Owner which are undesirable, in the Cemetery’s sole opinion, in their present condition. The Cemetery will remove all flower, trees, and shrubs, which have become unsightly or dangerous.  When it is necessary to remove any trees on a Cemetery lot in order to make the lot usable, the Cemetery will remove the trees and the cost of removal shall be borne by the lot Owner.

4.    Approved Containers and Grounds Maintenance:  All real or artificial flowers or floral plantings must be placed in approved urns or containers. Cemetery personnel will not be responsible for flowers or plantings that may prohibit necessary grounds care activities.

5.    Property Ownership: The Cemetery retains the full land Ownership rights for all memorial tree or shrub plantings, unless planted on a Lot bought for burial right use.  Should the tree or shrub be removed or die, the Cemetery retains the full right of use of the land associated with the prior planting.

6.    Tree Memorials: Tree and shrubbery memorials are occasionally available for purchase, with memorial markers of standard size provided by the Cemetery. The Cemetery will consider donations of trees to be placed in a location chosen collectively by the donor and the Cemetery.

7.    No Borders:  No gravesite borders of any kind are allowed. Any such placed may be removed at the discretion of the Cemetery without notice.

8.    Live Flower Planting:  Flowers, trees and other plants may not be planted on the grave site at any time.

9.    Flags:  Veterans flags are to be set beside the monument only.

10.    Hedges:  Existing hedges will be removed whenever they become unsightly or encroach upon an adjoining lot or path.

11.    Pruning:  No deciduous tree or conifer shall be removed or pruned except under the direction and with the consent of Cemetery Management.

12.    Mowing:  The cutting of turf in any lot is prohibited.

13.    Soil Conditioning:  The spreading of fertilizer, ashes or other material on lots to stimulate the growth of grass will not be allowed. Application of any chemical or compound to control the growth of undesirable grasses or other plants is prohibited.

30
Aug

ARTICLE XXIV …..MONUMENTS AND MARKERS

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ARTICLE XXIV – MONUMENTS AND MARKERS
1.    Pre-Approval:  No Lot Owner shall erect or place, or cause to be erected or placed, on any lot in the Cemetery, any memorial in respect of which the Cemetery has not pre-approved. Failure to comply with the pre-approval process may result in removal of said memorial.

The supplier remains responsible for full compliance with all the cemetery rules and regulations. The Cemetery is not responsible for out of scale drawings, dimensional errors, vague photos and etchings, oversight in the cemetery review process, etc. The cemetery’s review of the supplier’s submittal is a courtesy only to the supplier and does not relieve the supplier of its full compliance duty to all the cemetery’s rules and regulations.

2.    Size:  The maximum size of a memorial is governed by the size of the lot on which it is to be placed and is to be determined by the Sexton.

3.    Flush Markers: Markers shall be flush with the ground.

4.    Prohibited Materials:  Markers made of wood, concrete, synthetic materials or glass are prohibited.

5.    Damage:  While the Cemetery will exercise all possible care to protect the memorial, or other structure on any lot, and the raised lettering, carving or ornaments on such memorial, or other structure, it disclaims responsibility for any damage or injury thereto. The Cemetery is not responsible for any damage to monuments or markers.

6.    Right to Stop Work: The Sexton reserves the right to stop all work of any nature whenever, in his opinion, proper preparations have not been made, or when tools and machinery are insufficient or defective, or when work is being executed in such a manner as to threaten life or property, or when the monument dealer has been guilty of misrepresentation, or when any reasonable request on the part of the Sexton is disregarded, or when work is not being executed according to specifications, or when any person employed on the work violates any rules of the Cemetery.

7.    Completion: The completed work is subject to the approval of the Sexton, and, if unsatisfactory, it may be removed by the Sexton

8.    Name Inscribed:  The name of inscription on each monument, vault, or marker, must correspond with the name and record in the office of the Sexton, and no changes shall be made thereon except upon request of the proper parties and by permission of the Cemetery. A name on a monument is treated as a designation, so long as the monument exists. Decedent’s names must face burial side. Monuments with more than one surname must engrave all surnames in the same sized lettering. Names of decedent’s buried within a single grave must be stacked one atop the other on a single-sized monument. Decedent’s buried in two adjoining graves must utilize a double monument with names engraved side-by-side.

9.    Supervision: All work shall be under the supervision of the Sexton

10.    Foundation Required: All monuments must be placed with an appropriate footing at the head of lots. All monuments must be placed upon a base the type and construction of which must be approved by the Cemetery Management. The base must extend at least three inches beyond the end of the tablet on each side. All foundations must match the size (length and width) of the monument base.

11.    Limitation on Monument: Only one raised monument per grave is permitted and to be located within 20” of the head of grave space.

12.    Review Criteria:  All monuments must meet with the approval of the Cemetery Management on all criteria of permanence and indestructibility, of style and of size.

13.    Pre-payment of Lot:  No monuments may be erected on a lot which is not paid in full.

14.    Unauthorized Work:  Any unauthorized memorial work will be removed from the grave until proper arrangements have been made at the Cemetery office.  Any memorial work not approved by the Cemetery Management and not meeting the criteria set forth in this section shall be removed at the expense of the contractor.

15.    Multiple Burial Rights per Lot:  In the event that a lot is purchased for multiple cremation burials, only one (1) vertical monument per single lot is allowed, along with up to one (1) flush markers per single lot.

16.    Acceptable Materials:  Only granite, marble or bronze will be permitted in all memorial work.

17.    Location:  Cemetery management will show the monument salesperson or monument company representatives, in person, where the marker is to be placed.

18.    Payment of Foundation:  If Cemetery personnel sets the foundation the company who sells the marker will be billed for same. The price of setting a foundation is set by the Cemetery.

19.    Outside Contractors:  Foundations may be set by others in accordance with Cemetery Rules and Regulations and the payment of the Cemetery inspection fee. Fee: An inspection fee established by Board of Directors shall be charged for each foundation. Inspection: The Cemetery Management shall inspect all foundations prior to delivery of concrete. If any violations are found, said violations must be corrected prior to delivery of concrete. All cost associated with the foundation will be the responsibility of the contractor and not the Cemetery. Only batch plant or mixer-made concrete is permitted. No sack-credt or other products for foundations.

Unloading: Cemetery personnel will not help unload or place any markers for the salesperson.

20.    Notice:  All monument salespersons are to contact the Cemetery management before constructing or pouring foundations on any lot in the Cemetery.

21.    Pre-payment of Work:  Foundations will be placed by the Cemetery when the Cemetery has received payment plus approval for documents from the family for the work at least ten (10) days before the scheduled placement of the foundation.

22.    Size Verification:  It shall be the responsibility of the individual or company selling the monument to contact the Cemetery, to assure the size of the lot will accommodate the foundation.

23.    Depth: The foundation shall be dug at minimum of 2’ deep, the full width of the foundation.

24.    Top of Base:  The top of the base or foundation shall be level in all directions with its top at the highest ground elevation.

25.     Prohibited Engravings: Mention on monuments, markers or otherwise that may be offensive to grieving families, safety, law, copyright, property, race, corporate advertisement, the cemetery in general, or encouraging of bad behavior, at the sole discretion of the Sexton, are prohibited.  Such offending items include but are not limited to weapons, alcohol, drugs, nudity, speed racing, burnouts, gangs, clubs, emblems, logos, corporate art, confederate flags, political slogans or statements, acts of destruction, crimes against property and profanity.

26.    Colorants and Designs: Colorants used to enhance engravings are limited to white, gray and black. No objectionable designs will be permitted, subject to the sole discretion of the Cemetery.

27.    Vases: All monument designs that include vases must abide by minimum base requirements listed below. Vases not part of a monument’s original design must be pre-approved by the Cemetery prior to placement. A monument must have a minimum of 6″ of base per vase to be considered for approval. No add-on vases are to be later adhered onto bevel or slant markers that were not part of the monument’s original design. No vases on bevels or slants other than on a base. Vases must be attached to base of monument only.

*A die with Polish 2 or Polish 3 must have a minimum of 9” of base per vase to be considered for approval regardless of vase size.

*A 4×10 turned granite vase must have a minimum of 6″ of base per vase to be considered for approval.

*A 6×10 turned granite vase must have a minimum of 9″ of base per vase to be considered for approval.

*Any granite vases larger than 4″ at its widest point must have a minimum of 9″ of base per vase to be considered for approval.

*Vases, at their widest point, should have at minimum 1″ of clearance from end of base to ensure proper protection of vases from machinery and maintenance.

28.    Business Hours:  All work in the Cemetery must be done during working hours

29.    Benches:  Granite bench memorials are available for purchase, including benches with cremain niches. Granite benches are permitted only if they are installed on a foundation in the space reserved for a bench or a monument.  Benches will be considered a monument and will be subject to all rules applying to monuments.

30.    Donated Benches:  Benches of granite material shall be allowed to be donated to Cemetery for placement by the designated Sexton in areas which will provide for silent reverie and reflection. Such benches shall be near uniform in appearance and inscriptions shall have the prior approval of the designated Sexton. No form or type of advertising shall be allowed on benches.

31.    Maintenance Duty: Grave Owners are responsible for the maintenance of their monuments.

32.    Installation of Monuments and Markers: Those persons engaged in placing monuments and markers shall provide planking adequate to protect turf and shall remove materials and equipment immediately upon completion of work. The site shall be left in a clean, orderly condition.

33.    Monuments and Markers for Cremains: Grave markers in the cremains section of the Cemetery shall be limited to flush markers only.

34.    Monument Service Firms: Letter cutters, persons or firms who engage in the business of cleaning monuments (not connected with established retail dealers already on the approved list of Dealers), and all other persons or firms, must procure permission from the Sexton or official of the Cemetery before any work in the Cemetery is commenced.

35.    Monument Firms:  Workmen engaged in placing or erecting monuments and other structures, or grinding materials, shall, as to the Sexton, operate as independent contractors, but must do so under permission from the Sexton and must be under the general supervision of the Cemetery.

a. Monument Firms and their employees will abide by all rules and regulations of the Cemetery. Violation of any rule or regulation of the Cemetery may be sufficient cause for disapproval of the retail dealer.

36.    Contractors’ Insurance:  All contractors within the Cemetery must first provide proof of general liability insurance to the Cemetery Management before performing work.  If any company has an accident, damage any property, gets hurt, or hurts someone they shall be responsible.

37.    Monument Setting: Persons engaged in erecting monuments, or other structures are prohibited from attaching ropes to monuments, trees and shrubs, or from scattering their material over adjoining lots, or from blocking avenues or pathways, or from leaving material on the grounds longer than is absolutely necessary.  They must do as little injury to the grass, trees and shrubs as possible, and must remove all debris and restore the ground and sod to its original condition.

38.    Responsibility for Damage: Damage done to lots, walks, drives, trees shrubs or other property, by dealers or contractors, or their agents may be repaired by the Cemetery and the cost of such repair shall be charged to the dealer or contractor or to his principal.

39.    Equipment Holdover: No material machinery, or other thing for the construction of vaults, mausoleums, monuments, or other structures, or monuments themselves, may be brought into the Cemetery until required for immediate use; nor, under any circumstances, when a funeral is in progress; nor between Saturday and Monday morning; nor on a holiday; and no work shall be done during said time; nor shall said material be placed on lots adjoining the one on which such a structure is to be erected, without special permission from the Sexton.

40.    Prompt Performance:  Work shall proceed promptly until the erection of the memorial is completed.

41.    Funeral Interference: While a funeral or interment is being conducted nearby, all work of any description shall not disturb.

42.    Respect for the Grieving: Approaching the bereaved and soliciting memorial business within the Cemetery is not permitted.

43.    Conformance to the Rules:  Memorial dealers shall abide by all rules of the Cemetery.

44.    Veterans Administration Medallions: Veterans Administration Medallions are not allowed in the cemetery. The Cemetery will not sign the Veterans Affairs VA Form 40-1330M for the placement of government medallion in a private cemetery. The Cemetery is not responsible for any unauthorized placement of VA Medallions in the Cemetery or the damage to the monument(s) which may result. The Cemetery is concerned for its families over the possibility of unauthorized installation upon another’s monument, drilling and epoxy defacement of the monument, failure of the epoxy resulting in loss of the medallion, bronze theft possibility and other issues. VA headstones and other flat type markers are permitted with prior approval.

45.      Notice: Monuments throughout the Cemetery may fall over and cause harm to persons and property if misused. Standard use and practice in the industry of monument installation is that monument pieces are often not physically connected together or to its foundation in any way, and even if caulk or adhesive was used by its initial installer its adhesion can and does fail over time. All monuments are the personal property and responsibility of the individual purchasing family and do not belong to the Cemetery. Do not lean, sit, or stand on, nor pull against or otherwise exert lateral force of any kind against the Cemetery monuments at any time, as they are not designed for such and may fall over and do harm.

46.      Safety: All upright monuments over two feet high must be able to withstand a force of 75 pounds when such force is applied at any point on the memorial. Such monuments must withstand this force when set in a dry mode (i.e. without the assistance of any adhesive material). Dowels (300 series stainless or equivalent) may be used to assist an upright monument in achieving the 75 pound minimum standard. The intended positioning of such dowels must be shown/stated on the contract requesting the installation of the monument. All portions of an upright monument must be sealed together with an appropriate sealing material and shall be sealed together in such a way as to provide an adequate level of stability.

47.     Height: All upright monuments over two feet six inches in height (including the base) must be at least eight inches thick.

48.    Depth: Any single monument orders received after March 1, 2020 that are more than 30 inches in height including base must be 8 inches in depth. All double monuments must be no less than 8 inches in depth.

49.     Length: Maximum base length for an upright single monument on a single plot can be no more than 42” in length. Maximum base length for an upright double monument on two traditional plots can be no more than 78” in length.

50.     Monument Approval/Foundation Order: All monument approval/foundation orders must include all of the following:

a. The order must be on your company letterhead and include type of monument (upright, slant, bevel, flat, etc. ) along with base dimensions (LxWxH). The order must be signed by the company representative ordering the monument and include a contact number.

b. The order must include a rendering of both front and back of memorial with complete dimensions of all components, including vases. If back is blank please note.

c. Type of granite must be specified.

d. Attach a scan of any photos or etchings that will be included on monument.

e. Please note if any materials besides granite will be used on the monument (porcelain, bronze, glass, etc. ). Brookland Cemetery does not allow the small VA bronze medallions on any monument.

f. You must have a current General Liability Insurance Certificate on file in our cemetery office, naming Brookland Cemetery as a certificate holder. We will not process an order without this certificate.

g. Please include a company check for the cost of the foundation. Our current rate is $150.00 per square foot with a $300.00 minimum. No personal checks will be accepted.

h. We will inform the monument company when the foundation has been poured and it will be the responsibility of the monument company to call no more than 48 hours prior to planned delivery. This is required in order to work around funerals. Monument deliveries can be made with prior approval Monday through Friday 9:30am until 3:00pm. No weekend or after hour deliveries are allowed. NO trucks are allowed off the road without the approval and presence of a cemetery employee at the time of delivery.

i. For safety reasons, no families are to be invited or permitted to accompany a monument’s installation process while the monument suppliers are installing new monuments.

51.     No changes to existing monuments within the cemetery are allowed without the prior written permission of the Sexton. This includes but is not limited to: additional engravings, photos, alterations in color, additional vases, etc. Monuments changed without prior written permission from the Sexton will be subject to removal from the cemetery. Nonconforming monuments will be subject to removal from the cemetery.

52.     Effective July 1, 2021, no more temporary markers of any kind are permitted in the cemetery.

30
Aug

ARTICLE XXIII ….MODIFICATIONS AND AMENDMENTS

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 ARTICLE XXIII –  MODIFICATIONS AND AMENDMENTS
1.    Exceptions: Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship.  The Cemetery therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of these Rules and Regulations when, in its judgment, the same appears advisable; and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule.

2.    Emergency: Emergency conditions may necessarily cause a labor and material shortage so that certain rules cannot be strictly enforced. To meet these conditions, the rules where necessary, will be temporarily modified or suspended. Such temporary modification or suspension shall in no way be construed as a waiver nor affect the strict enforcement of the rules upon the conclusion of the emergency.

3.    Amendment: The Cemetery may, and it hereby expressly reserves the right, at any time or times, to adopt new Rules and Regulations, or to amend, alter or repeal any rule, regulation or article, section, paragraph or sentence in these Rules and Regulations. All rules formerly adopted which are contrary to these Rules and Regulations are hereby repealed and declared to be no longer effective.

30
Aug

ARTICLE XXII …..MISCELLANEOUS

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ARTICLE XXII –  MISCELLANEOUS
1.    Right to Correct: Should any memorial, mausoleum or tomb become unsightly, dilapidated, or a menace to visitors, the Cemetery shall have the right either to correct the condition or to remove it, at the expense of the lot Owner.

2.    Monument Removal:  No monument or marker shall be removed from the Cemetery, except by the Cemetery unless the written order of the plot Owner(s) is presented at the office of the Cemetery and permission granted by the Sexton.

3.    Lot Forfeiture: Plots may be forfeited pursuant to the procedures specified in the Commonwealth of Kentucky Statutes.

4.    Infractions: The Owner(s) of record, their legal representative or their heirs and assigns shall be notified by the Sexton or the Directors of any infractions of these Rules and Regulations in writing at their last known address. The Owner(s) or their representatives or heirs and assigns shall comply with the prescribed actions determined by the Board or Sexton to be necessary to correct the infraction.

5.    Right of Correction: Planting, maintenance of lots, and placing of monuments contrary to the Cemetery Rules and Regulations will be corrected at the direction of the Cemetery at the Owner’s expense.

6.    Future Expectation:  Future grave lots are to be laid out or not in such locations and sizes as the Cemetery shall designate.

7.    Cemetery Powers: These rules shall not be construed to prohibit activities expressly authorized by the Cemetery.

30
Aug

ARTICLE XXI ……MAUSOLEUMS

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ARTICLE XXI – MAUSOLEUMS
1.    Private Mausoleums: Mausoleums may be erected only on those lots as indicated on the Cemetery Plats as mausoleum or above ground vault sites. Cemetery lots not originally sold and designated as mausoleums or above ground vault sites cannot be used for such a structure, except by express permission of the Cemetery Management. The minimum size of a monumental lot upon which a mausoleum is to be erected shall not be less than two times the ground area to be occupied by the structure.

2.    Plans and Specifications:  The plans and specifications for a mausoleum or above ground vault shall be submitted to the Cemetery Management and the location on the lot approved before a permit for the erection will be issued.  Building permits, if any, shall be the responsibility of the Owner to secure and provide copy of same to the Cemetery prior to construction.  Sufficient time must be given to the Cemetery to have the plans of such structures thoroughly reviewed.

3.     Approval:  The Cemetery shall have the right to refuse a permit for the erection of any structure which in the opinion of the Cemetery Management is improper or not in harmony with other surrounding structures.

4.    Endowment for Upkeep:  Permanent arrangements for the endowment of a mausoleum or vault will be required from the Owner or the Owner’s legal representative before a permit for the construction of the mausoleum can be obtained. The endowment must be sufficient to assure adequate funds for the upkeep and maintenance of the structure and grounds based on present and projected costs. If permanent arrangements for upkeep are not provided, an endowment will be required sufficient for demolition costs in the event of disrepair or deterioration. The income from this Endowment Fund will be used exclusively to maintain and care for the mausoleum. The amount of the fund will be determined by the Cemetery’s management, but will not be less than 10 percent of the total cost of the lot and structure

5.    Removal of Neglected Mausoleums:  Any mausoleum or vault which becomes unsightly or dangerous, through neglect by the Owner or lack of funds may be removed and the remains therein buried in the lot. The cost of removing the structure shall be taken out of the vault or mausoleum endowment fund and the balance returned to the persons entitled to the same. Underground vaults covered above the ground by slabs are permitted only on monumental lots.

6.    Cemetery’s Right to Enforce Rules:  All endowment certificates for the maintenance of mausoleums or vaults will contain a clause that will give the Cemetery the right to enforce any rules adopted by it.

7.    Access.  Upon completion of any vault in the mausoleum, one key to each lock must be deposited in the Cemetery’s office, to remain permanently in the custody of the Cemetery.

8.    Separation of Crypts:  All remains must be in separate crypts, which can be hermetically sealed to Cemetery regulations.

30
Aug

ARTICLE XX ……..MATERIALS PERMITTED

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ARTICLE XX – MATERIALS PERMITTED
All materials, markers, mausoleums or tombs shall be constructed of good natural stone from quarries approved by the Cemetery. No artificial stone of any description is permitted.

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