MCDONOUGH VILLAGE UNION CEMETERY RULES & REGULATIONS
(Revised Jan. 2017)
This Association is operated under the New York State
Not-for-Profit Corporation Law, related statutory enactments, and rules of procedure promulgated by the State Division of Cemeteries.
The Rules and Regulations of a cemetery are drawn up and enforced with the object of ensuring perpetuity, the beauty, welfare and sanctity of the grounds. Lot owners and those visiting a cemetery are encouraged to observe the rules in the same spirit which prompted their development. All the Rules and Regulations herein contained have been adopted at various intervals over the years. Both the ideals and the accumulated experience which have been gained have made certain rules a necessity. In some instances, it was with reluctance that they were adopted, but we earnestly desire to emphasize to lot owners that it is for their best interest. For the mutual protection of every lot purchaser in the cemetery, McDonough Village Union Cemetery hereby adopts the following rules and regulations. All property owners of interment rights and persons within the cemetery, and all interment rights sold, shall be subject to said rules and regulations, and subject, further, to such other rules and regulations, amendments or alterations as shall be adopted by McDonough Village Union Cemetery from time to time, with or without notice to lot owners. Any reference to these rules and regulations in the contract, deed, or certificate of ownership to interment rights shall have the same force and effect as if set forth in full therein. Special cases may arise in which the literal enforcement of the rule may impose unnecessary hardship. The Cemetery, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of the Rules & Regulations when, in its judgment, the same appear advisable, and such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general application of such.
General Rules and Regulations
Please report any problems you see to a Trustee or the Sexton.
Rules and Regulations of the Cemetery and prices for burial spaces and services are authored under the guidance of and approved by the NYS Division of Cemeteries.
The Cemetery retains to itself, for the benefit of all interment right owners, full and complete supervision, control and management of the land, buildings, improvements, roads, walks, utilities, development, books and records, and the full and complete authority, rights and privileges to make, change, administer and enforce all rules and regulations and restrictions not inconsistent with the laws of this State wherein this Cemetery is located.
All lots in the McDonough Village Union Cemetery are sold in accordance with the provisions of the laws of the State of New York to be used as a burial place for human remains.
The cemetery association shall provide a list of approved charges for the interment of such remains. No interments shall be allowed without a permit being first obtained from the McDonough Village Union Cemetery Association. At the time of applying for the permit, the following information must be furnished:
Name of the deceased; Age of the deceased-including date of birth, if known; Place of birth of deceased, if known; date of death; Time and date of interment; If not an adult, the name of parent(s) or legal guardian(s) of deceased; Section, lot and plot number; Fireman(is applicable); Veteran status of deceased, conflict(s) involved in, if applicable; Full-scale burial or cremation; Additional genealogy information i.e. marriage, children etc.
Lots/plots must be paid in full before a burial is made. Full purchase price must be paid before a certificate of ownership is issued. The deed is for burial rights only; the land is owned and controlled by the McDonough Village Union Cemetery Association.
The Cemetery issues to each owner of the rights of burial for its plots and lots a Certificate of Ownership (deed) describing the location and naming the owner or owners of the said location. The naming of more than one owner is indicative of joint ownership in common with rights of survivorship.
The issuance of such certificate is the Cemetery’s sole form of recognition of ownership. The cemetery requires documented proof of ownership. Possession of the Certificate by a person whom is not listed on the Certificate is not in itself evidence of ownership. Purchasers of plots and lots simply acquire the right of burial.
The owner of interment rights hereunder may dispose of same by will or, should the owner die in testate, such interment rights shall pass according to laws of this State governing intestacy provided, however, the Cemetery shall not be bound by such transfers unless and until an exemplification of record of same has been presented to it and such change has been recorded on the books and records of the Cemetery. Any plot or lot in which there are no burials, entombments or inurnments may be transferred to a new owner, providing the original Certificate of Ownership (deed) is submitted to the Cemetery together with proper transfer agreement.
Interment of pet cremated remains: The interment of pet cremated remains shall be available to a lot owner only in those circumstances where the interment is incidental to the burial of human remains and where authorization has been provided in a written statement from the cemetery association.
Plot/Lot owners are prohibited from allowing interments to be made on their plots/lots for compensation.
Interments in a lot are restricted to those entitled to burial therein according to the terms of Section 1512 of the Not For Profit Corporation Law. Permission for burial of those not entitled to burial according to the said Section, must be filed with the McDonough Village Union Cemetery Association by lot owner. Except as provided for in Section 1513 © of the Not For Profit Corporation law, no lot owner may transfer his or her lot.
McDonough Village Union Cemetery Association retains the right of first refusal to buy back lots. When transferring ownership of a lot(s) purchased in the cemetery to another lot(s) location, the Association will purchase first lot(s) at the original price plus simple interest at the rate set by the New York State Division of Cemeteries. Then the Association will sell the new lots requested at the current price posted on the rate chart.
All lot owners are required to notify the Cemetery of any change of address. All notices required to be sent shall be sent to the last recorded address and such notices shall be deemed adequate.
No person, other than employees of the Cemetery or their designee, shall be allowed to perform any work within the Cemetery, other than general cleaning of plots/lots by plot/lot owners, without permission from the Cemetery.
The Cemetery shall direct all improvements within the grounds and upon all lots before and after interments have been made herein.
The Cemetery will take all reasonable precautions to protect lot owners and their property within the Cemetery from loss, damage or injury but it shall not be responsible for any loss, damage or injury. The cemetery is not responsible for the damage or theft of anything placed on the grave site.
A map of the cemetery is available upon request.
All persons shall be allowed access to the cemetery during daylight hours only, observing the rules which are in effect and the propriety due the cemetery.
The use of the Cemetery land as a thoroughfare will not be permitted.
The right to use automobiles or other vehicles in the Cemetery is authorized solely and exclusively for the purpose of transporting persons to visit burial plots. The maximum speed limit within the Cemetery is five (5) miles per hour. Parking and/or driving on any gardens or grassy areas are prohibited for purposes other than those obtained from the Cemetery.
Anyone 12 years old and under must be in the presence of an adult while on cemetery grounds.
Bicycles, snowmobiles, horses, golf carts, UTV’s and ATV’s may not be used on Cemetery lands except for use in transporting visitors, watering flowers or general clean up, and then must stay on the established roadways.
Dogs are not permitted except when kept on a leash or in a vehicle. All droppings must be picked up and properly disposed of by owner.
Hunting, discharging firearms, including air rifle, (except in observance of funeral rites) is prohibited on cemetery property.
Bringing alcoholic beverages or illegal drugs into the Cemetery is strictly prohibited.
The Cemetery shall have the right to enter upon or use any adjoining lot or lots to carry out its duties as to interments, erection of monuments or markers, etc., without prior notice to the lot owner.
No signs, notices or advertisements of any kind shall be allowed in the Cemetery unless placed by the Cemetery.
Peddling of any kind or soliciting the sale of any commodity, other than by the Cemetery, is prohibited within the confines of the Cemetery.
Interment & Funeral Regulations
The Cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made or where the rules and regulations have not been complied with.
Please refrain from disturbing any services that are in progress.
Plots are to be approximately 4 feet wide by approximately 8 feet long which will allow one full burial or two cremations. The number of cremations to be allowed is two, which is to be decided at the time of purchasing the lot. Some of the early or original plots/lots are smaller and may not have sufficient space for a full burial. The McDonough Village Union Cemetery Association will work with owners for resolution when encountering these issues.
The use of one grave space (plot) shall be limited to interments as follows unless otherwise permitted by the Cemetery:
a) One full burial
d) Two urns of cremated remains-unless a vault is used, then only one cremation (assuming vault sizes accommodate).
Interments in a lot are restricted to those entitled to burial therein according to the terms of Section 1512 of the Not-For-Profit Corporation Law. Permission for burial of those not entitled to burial according to the said Section, must be filed with the McDonough Village Union Cemetery Association by lot owner(s).
Funerals must be at the cemetery by 3:00 p.m. in order that workmen will have sufficient time to properly close the grave and remove equipment before 5 p.m.
Disinterment will be allowed between June 1 and September 30 provided the Section 1510 (e) of the Not-For-Profit Corporation Law are complied with.
Interments on Sundays and Holidays will be governed by Cemetery Board Directives 202.8 and 202.12.
All funerals, processions and vehicles will be under the control of the Sexton while in the cemetery.
Graves will not be opened between December and April when frost and weather conditions warrant such refusal.
Cremated remains may not be scattered in any part of the cemetery.
Flower & Decoration Regulations
The Cemetery shall in no way be liable for any container, receptacle or urn of cremated remains placed in any plot or lot.
The Cemetery shall have the right to remove all objects whose appearance and condition warrant removal and/or violate the Cemetery’s rules and regulations or is, or can become, dangerous. The Cemetery also will not be liable/responsible for reimbursement of, any flower or decoration removed or lost by any cause.
Non-biodegradable flowers and pots are NOT to be thrown over the fences. Trash cans are provided at the entrance to the cemetery and at the back of the cemetery.
Do not lean or sit on monuments or markers. There are benches provided throughout the cemetery for this purpose.
No person shall injure or destroy trees, shrubs or plants. Writing on or defacing monuments and structures are not permitted and are punishable by law.
No fences of any kind are allowed around lots.
Placing of glass blocks or vases as receptacles for flowers, either artificial or grown, on graves, or in the ground, is prohibited and will be removed. No glass containers are to be brought into or left in the cemetery.
Flowers, urns, memorials and all decorations are to be placed close to monuments or markers so they do not have to be moved each time lot is mowed.
McDonough Village Union Cemetery Association reserves the right to restrict the planting of shrubs and trees and to remove any shrubs or trees deemed dangerous to the public or the integrity of the cemetery land. Permission is necessary prior to planting any shrubs, perennials or trees.
Markers and Monuments
No vault or mausoleum shall be built above the ground without the permission of the cemetery board.
No mausoleum will be approved for construction by cemetery board unless a sufficient endowment is set up to provide adequate income to maintain the structure.
Corner markers shall be purchased by owner and placed on each corner of plot/lot. The placement will be directed by the Sexton and carried out by the cemetery or approved contractor.
In the event a memorial is placed where it is necessary to remove it for an interment or disinterment, the Cemetery shall have the right to remove such memorial without notice to the lot owner. The memorial will be repositioned to the as found condition following the interment.
No monuments or markers shall be permitted which utilize colours other than that of natural stone. All markers must be constructed of granite or bronze. All other materials must be approved by the Trustees.
The Cemetery Board shall have the authority to reject any memorial that is deemed unsuitable based on its size, type, design, inscription, quality, color or method of construction for the particular lot or grave on which it is to be placed. The Cemetery reserves the right to prevent the placing or to remove any marker or other objects that do not comply with the standards of the Cemetery.
Any repairs needed on monuments or markers are the sole responsibility of the lot owner. If no current lot owner can be found through proper notification, the cemetery has the right to have said monument/marker repaired following NYS Board of Cemetery Regulations.
All foundations will be constructed by or under the direction of the McDonough Village Union Cemetery Association.
All work done in the cemetery shall be done by cemetery employees or under the control of the Sexton or board of directors.
Up to two monuments shall be allowed on a lot and it shall be set in accordance with the general plan of the cemetery and shall conform to said plan in size and material. An exception is allowed for the military tablet which is furnished by the Veteran’s Administration
The bases of all monuments shall be finished true and level so as to fit on foundations without wedging or sprawls.
No monument shall be delivered in the cemetery until the foundation is installed and ready to receive the monument.
Heavy trucking or other vehicular traffic shall be refused entrance to the cemetery, when, in the opinion of the Sexton, injury to roads and driveways might result.
Monuments-erected on full or half lots shall be placed in the center of lot facing East or West and line up as much as possible with others in that section. Graves may extend into the walkways if necessary so monument does not have to be moved.
Markers-low markers shall be placed on East and West line parallel with walkways, 4” base to be 1” larger than marker and flush with finish grace. Inscriptions on markers to face walkways.
Any person wishing to clean his or her stone is encouraged to hire an experienced monument dealer to perform the cleaning. Certain guidelines should be followed as to not damage the stone.
Any person or organization wishing to clean stones other than their own must first seek permission from the lot owner or next of kin. If it is not possible to obtain permission from the lot owner or next of kin, then permission must be granted by the cemetery board.
The Annual meeting, open to all stockholders, is on the 3rd Wednesday in April at 7 p.m.
For more information, please contact the Sexton or any Officer of the Board. Additional information can be found at www.mcdonoughunioncemetery.com and on Facebook by searching McDonough Village Union Cemetery.
MCDONOUGH UNION VILLAGE CEMETERY
Copyright @ Cindy DeForest. All Rights Reserved.