PART I, ADMINISTRATIVE LEGISLATION

Chapter 14, CEMETERIES

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 4-21-2003 by L.L. No. 4-2003. Amendments noted where applicable.]

ARTICLE I, Establishment and Administration

§ 14-1. Cemetery continued; authority of Village.

The Village of Honeoye Falls, pursuant to Article 15 of the Village Law, has accepted, by gift and devise, the cemetery known as "The Honeoye Falls Cemetery." The Board of Trustees hereby establishes the Village of Honeoye Falls Cemetery, and the Village is hereby authorized and empowered to hold and continue to hold all the lands, rights and property acquired by it in connection with such cemetery and generally to manage and provide for such cemetery. All lands and rights acquired by the Village and all sales and conveyances of lots in such cemetery for burial purposes, pursuant to the provisions of such article, are hereby recognized, ratified and confirmed.

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§ 14-2. Cemetery lands part of Village territory.

All the lands and rights included within such cemetery shall continue to be deemed and held as a part of the territory of such Village, in addition to any other lands herein described as constituting the Village of Honeoye Falls. All of such land shall continue to be under the jurisdiction of the Village and be subject to the jurisdiction of its courts and officers as fully to all intents and purposes as any part of said Village, and all the provisions of the Village Code shall apply thereto, so far as practicable or available.

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§ 14-3. Cemetery lands exempt from taxation.

All such cemetery lands and property shall be exempt from all taxation, including school, highway and local improvement assessments.

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§ 14-4. Management and regulations.

  1. The Board of Trustees shall provide for the erection, construction and maintenance of all necessary or desirable buildings, vaults, roadways, paths, and fences and for the planting of shrubs, trees and grass and for other ornamentation; provide for surveys, maps, and plots and make division into lots and parcels; sell lots and plots for burial purposes and fix the price thereof; permit burial without charge where means to pay are not available; make appropriation in the annual tax budget for its support and upkeep and needed repairs to grounds, buildings and approaches and give effect to any of the powers or duties herein specified; provide an accurate system of accountings covering all financial transactions of the cemetery; accept and receive money, funds and property for such cemetery, in trust or otherwise, and hold and administer the same; regulate the use of such cemetery, interments, disinterments, and the erection of structures, monuments, fences and markers; generally provide for the protection of such cemetery and its property and the property and rights of individual lot owners; regulate and control the uses thereof; and prohibit the use thereof for anything other than for cemetery purposes.
  2. The Board of Trustees shall have power to exercise any of the foregoing powers, rights and duties by rules and regulations and to provide for the violation thereof by fine or imprisonment, or both.

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ARTICLE II, Rules and Regulations

§ 14-5. Cemetery rules and regulations established.

In its capacity as the Board of Cemetery Commissioners and pursuant to § 15-1504 of the Village Law, the Board of Trustees hereby establishes the following rules and regulations for the operation of the Honeoye Falls Cemetery:

  1. Sale of lots.
    1. Application for the purchase of a lot in the cemetery for the purpose of interment shall be made to the Village Clerk.
    2. Upon payment of the price of such lot, as established from time to time by the Board of Trustees, the Clerk shall issue to such applicant a cemetery deed for the same.
    3. No lot shall be sold unless at the same time such applicant gives to and deposits with the Clerk a sum of money to be held in trust by the Village for the perpetual care of said lot, which sum shall be in an amount as determined by the Board of Trustees. At such time, the applicant shall be issued a perpetual care receipt.
  2. Ownership rights.
    1. The purchaser of a cemetery lot acquires no title to the soil, but merely an easement or right of burial therein. Such right of burial descends to his or her heirs at law or devisees.
    2. A lot owner may not transfer his or her lot or allow internment to be made on a lot for compensation.
  3. Care of lots.
    1. Owners of cemetery lots shall be subject to an annual assessment charge for the purpose of keeping such lots in good and proper condition pursuant to § 15-1506 of the Village Law.
    2. The receipt of perpetual care funds shall not prevent the Village from levying an annual care assessment on all cemetery lots; and in the event that such an assessment is levied, such perpetual care funds will be used for special care of such lot over that given other lots for which no perpetual care has been received.
    3. The Trustees have the power, as provided in § 15-1506 of the Village Law, to enforce annual assessments which remain unpaid.
  4. Privileges and restrictions.
    1. Each lot in the cemetery shall, prior to its sale, be marked with a suitable marker, placed on each lot corner and set level with the adjacent ground.
    2. No mounds shall be raised upon any grave above the general level of the lot, except for a period of time after interment to allow settling of the soil. The Village reserves the right at any time to remove unsightly mounds and to reseed the grave at the general level of the lot.
    3. No hedges, fences or enclosures of any kind will be permitted on or around lots. Wooden boxes, wreaths, glass jars, glass containers, glass ornaments or bottles, plastic containers, toys, cans and other unsightly objects will not be permitted and, when used, will be removed by the Village without notice. Flags and emblems may be used for the period from five days before May 30 until the first Saturday after July 4.
    4. All landscaping, care of lots and other work in the cemetery will be done by the Village.
  5. Rules for visitors.
    1. The cemetery will be open to visitors at all times between the hours of 8:00 a.m. and sunset.
    2. Visitors are required to use the walks and drives and are forbidden to trespass on cemetery lots or pick any flowers (either wild or cultivated) or injure any shrub, tree or plant or mar or deface any monument, stone or structure in the cemetery.
    3. Vehicles traveling within the cemetery shall not exceed 15 miles per hour.
  6. Interments.
    1. All interments shall be made in concrete vaults or concrete grave liners. The Village reserves the right to supply a concrete vault or concrete grave liner at cost plus a handling charge, if not otherwise supplied.
    2. All graves shall be dug by or under the direction of the Village. Depth of graves shall conform to ruling by the State Board of Health.
    3. A charge for opening and closing a grave will be made at a current rate set by the Village, which charge shall include opening of the grave, removal of excess material, refilling and seeding with grass.
    4. No burial will be permitted until a legal burial permit has been obtained from the Monroe County Department of Health. When applying for permit, the following information must be furnished:
      1. Name of the deceased;
      2. Age of the deceased (date of birth if known);
      3. Place of birth of deceased, if known;
      4. Date of death;
      5. Time and date of interment;
      6. If not an adult, the names of parents or legal guardians of the deceased.
    5. Graves will not be opened between November 15 and March 15 because of weather conditions; bodies received for interment during this time will be placed in a vault until spring. All bodies left in the vault during this period must be removed from the vault and interred by May 1. The Village will inter any body not interred by May 1, and the cost of same will be charged to the party causing the body to be placed in the vault.
    6. The interment of cremated remains shall be in an appropriate rigid receptacle such as wood, metal, plastic or concrete.
    7. Cremated remains shall not be distributed or scattered in any part of the cemetery.
  7. Grave markers.
    1. The setting of grave markers and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the Village.
    2. All grave markers (sometimes call "headstones" or "footstones") must be constructed of bronze or granite with a minimum thickness of four inches.
    3. All grave markers shall be placed over a foundation set below the frost line to eliminate heaving or movement and shall be placed flat to the surrounding ground.
    4. Certain designated portions of the older part of the cemetery have unrestricted monument privileges which permit the erection of monuments or grave markers of any selected size and design where lot area is sufficient to place monument on solid ground and where they will not interfere with future grave openings.
    5. In the newer sections of the cemetery, all grave markers for a single grave shall not exceed two feet in length, and double grave markers shall not exceed four feet in length.
  8. Trees, shrubs and flowers.
    1. All landscaping, including planting of trees, shrubs and flowers, will be done by the Village.
    2. Fresh cut flowers may be used any time and will remain until, in the judgment of the Cemetery Superintendent or his or her staff, they become wilted or unsightly.
    3. Potted plants may be set on lots without disturbing sod. Artificial pieces may be used between November 15 and March 15. No person will be permitted to trim, prune or remove branches from any tree or ornamental shrub in the cemetery whether on his or her lot or not. All work of pruning or trimming trees and shrubs will be done by the Cemetery Superintendent or under his or her direction.
  9. Fees, charges and payments.
    1. All fees and charges are payable at the office of the Village Clerk in the Village Hall, where receipts will be issued for all amounts paid.
    2. A schedule of fees and charges as established by the Village shall be on file in the offices of the Village Clerk. Such schedule may be changed from time to time without advanced notice to conform to current economic conditions.
    3. The price of lots does not include perpetual care. Perpetual care funds will be accepted in addition thereto as provided above.
  10. Reacquisition of lot, plot or part thereof by Cemetery Board. [Added 2-21-2006 by L.L. No. 1-2006]
    1. The Village may, upon approval by the Board of Trustees, reacquire, resubdivide, and resell a lot, plot or part thereof under the following circumstances:
      1. Circumstances; reasonable search defined; resale; monument to conform.
        1. If the records of the cemetery demonstrate that the lot, plot or part thereof was purchased more than 75 years prior to the approval of the Board of Trustees, and if no burials have been made in the lot, plot or part thereof or all the bodies therein have been lawfully removed, and if neither the owner or owners of the lot, plot or part thereof nor any person having a credible claim to ownership who has visited, made payments in respect of, or engaged in any other proprietary activities with respect to the lot, plot or part thereof can be identified after a reasonable search conducted by the Village, it shall be conclusively presumed that the owner or owners of the lot, plot or part thereof have abandoned their burial rights. A reasonable search consists of:
          1. All cemetery records to determine the name of the owner or owners of the lot, plot or part thereof, their last known addresses and all information available to the cemetery relating to any person buried in the lot, plot or part thereof and the names and last known addresses of any persons making inquiry about visiting the lot, plot or part thereof;
          2. A search for the death certificates and the probated wills of the owner or owners of the lot, plot or part thereof;
          3. The posting of notice by the cemetery, at the entrance to the cemetery and in the Village office, of its intention to declare the lot, plot or part thereof abandoned;
          4. The mailing of such notice certified mail with return receipt requested to the owner or owners of the lot, plot or part thereof and each person identified during the reasonable search at their last known addresses;
          5. Publication of such notice once in each week for three successive weeks, in two newspapers of regular commercial circulation by subscription and/or newsstand sale to be designated by the county clerk of the county where the cemetery is located which in his or her judgment, given the ethnic, religious, geographic or other related demographic characteristics of the owner or owners of the lot, plot or part thereof and each person identified through the reasonable search and the predominant readership of such newspapers, are best calculated to inform the owner or owners of the lot, plot or part thereof and each person identified through the reasonable search of any application pursuant to the provisions of this section; and
          6. The preparation of an affidavit describing the steps taken by the Village to ascertain the identity of and to contact the current owner or owners of the lot, plot or part thereof, or next-of-kin thereof, or any other persons identified in the course of the reasonable search who might have relevant information and the results of such steps.
        2. After the filing with the Board of Trustees of proof of compliance with the above requirement in form and substance reasonably satisfactory to such Board and upon approval by the Board of Trustees, the lot, plot or part thereof may be resold by the cemetery to any party in compliance with the cemetery rules and regulations; provided, however, that any monument subsequently placed on such lot, plot or part thereof shall conform to the general appearance of any existing monuments in said section of lots, plots or part thereof, if any.
      2. If i) the circumstances described in Subsection J(1)(a) of this section exist except that one or more burials have been made in a lot and the last burial was made more than 75 years prior to the application; ii) the lot, plot or part thereof can be subdivided to create new graves; iii) the bodies have not been lawfully removed; and iv) the application to the Board of Trustees complies with the requirements set forth in Subsection J(1)(a) of this section, it shall be conclusively presumed that the lot owner has abandoned the right to make further burials in the lot, the lot may be subdivided, and the resubdivided lot, plot or parts thereof which do not contain the remains of the deceased persons may be resold by the Village as provided in this section. Nothing in this section shall permit the Village to declare abandoned a lot, plot or part thereof where such lot, plot or part thereof was purchased for multiple-depth burials and where one or more burials has occurred or shall authorize the Village to remove a monument or other embellishment to facilitate the resale of such lot, plot or part thereof.
      3. If the owner or owners of a lot, plot or part thereof can be identified, the Village, with the consent of the owner or owners of the lot, plot or part thereof, the lot, plot or part thereof may be resubdivided, and the resubdivided lot, plot or part thereof that does not contain the remains of deceased persons may be resold by the Village; provided, however, that if no burial has been made in the lot, or part thereof, in the twenty-five-year period predeceasing such application, and the owner of a lot, plot or part thereof has notified his or her parents, spouse, issue, brothers, sisters, grandparents, and grandchildren, if any, of the application to the Board of Trustees; and provided further, however, that if a burial has been made in this lot, plot or part thereof during such twenty-five-year period, the spouse and issue of such deceased person are also notified; and provided further, in either case, that the owner of the lot, plot or part thereof satisfies the Board of Trustees that none of the persons notified have agreed within 45 days of notification to purchase the lot, plot or part thereof at the price provided under Subdivision (c) of § 1513 of this article of the Not-for-Profit Corporation Law.
    2. Upon the sale of a lot, plot or part thereof reacquired by the Village under the provisions of Subsection J(1)(a), (b) or (c) of this section, 35% of the net proceeds shall be placed in the permanent maintenance fund, and 65% shall be placed in the current maintenance fund.
    3. If the owner of the lot, plot or part thereof is subsequently identified, the Village shall:
      1. Return all unsold lots, plots or parts thereof, if any, to the owner if so requested; and
      2. With respect to any lot, plots or parts thereof that have been sold pursuant to this section, at the option of the owner of the lot, plot or part thereof, either:
        1. Provide the owner, at no cost to the owner, with a lot, plot or part thereof comparable to any lot, plot or part thereof that was sold by the cemetery corporation; or
        2. Provide the owner with the proceeds from the sale of the lot, plot or part thereof reacquired under this section, with interest thereon from the date of the sale at 6% per annum.
    4. The provisions of this section shall not apply to a lot, plot or part thereof whose record owner is a corporation or unincorporated association or society having among its activities or its former activities the provision of burial benefits for its members.
    5. Monuments to be erected on a lot, plot or parts thereof, following the resale of a lot, plot or part thereof, shall conform to the rules and regulations or other requirements of the Village and shall conform to the size, style and type of monuments in the section of the cemetery where such resale occurs.

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