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Cemetery Rules and Regulations - St. Alphonsus
Rules and Regulations Governing
St. Alphonsus Cemetery
New Munster, Wisconsin
Effective November 8, 2017
All previous rules and regulations are hereby voided
All future transactions of any kind pertaining to St. Alphonsus Cemetery, New Munster, Wisconsin will be governed by the following set of rules and regulations.
A. CHRISTIAN BURIAL
- Proper burial permits must be presented to St. Alphonsus Parish for recording purposes.
- All burials shall comply with state law and be accompanied by a burial permit. Regular in-ground burials must be in a cement liner or vault and only one per gravesite. Cremations shall be limited to two (2) per gravesite. One (1) in-ground burial may be followed by one (1) cremation on top.
- No internment shall be made of any person not a member of the family of the lot grantee, without the written consent of both the grantee’s family ant the Cemetery Committee.
B. LOT OWNERSHIP
- The plot is sold with the intent of ownership by the designated person. If for any reason ownership is transferred to another individual, ownership must be approved by the Cemetery Committee.
- St. Alphonsus has first option to repurchase plot/plots at the original price. The original receipt must be returned at time of reimbursement.
- Lots may revert back to the cemetery if abandoned as set out in Wisconsin Statute 157.115(2)
- If an error is made in casket placement the parish will negotiate to resolve the error.
C. PURCHASE PRICE
- The consideration for value received shall be determined by the Cemetery Committee and will include funds deposited to a Perpetual Care Fund of not less than fifteen (15) percent of payment received.
- Size of plot will be five (5) feet by ten (10) feet. The ten (10) foot length includes twenty (20) inches for the memorial.
- Purchase price does not include grave opening fee by digger.
- Cost for each lot and perpetual care for members of St Alphonsus congregation:
- Cost of single lot: $ 297.50
- Cost of perpetual care: $ 52.50
- Total cost single lot: $ 350.00
- Recording fee (at time of death) $ 50.00
*Winter burials may incur additional frost breaking fee
- Cost for each lot and perpetual care for non-members of St. Alphonsus congregation:
- Cost of single lot: $ 552.50
- Cost of perpetual care: $ 97.50
- Total cost single lot: $ 650.00
- Recording fee (at time of death) $ 50.00
*Winter burials may incur additional frost breaking feeNOTE: Non-members must have permission of parish pastor to be buried in St. Alphonsus Cemetery.
NOTE: Each lot may contain:
1. One (1) casket or
2. One (1) casket and up to 2 cremation urns, one at head, one at foot of casket with casket being placed first.
3. Two (2) cremation urns
- Cost of plot excavation for casket and/or urns to be paid directly to excavation vendor supplied by parish.
- Grantee acquires the right to erect a memorial/monument on the designated plot. Prior to granting permission for erection of memorial/monument all charges due the cemetery must be paid in full. Family must have monument company contact parish before placement of memorial/ monument.
- Memorial/monument must be compatible with existing memorials/monuments.
- All monuments must have a cement foundation and dimensions should be obtained from parish office. Locations for cement foundations and any other site work must be approved by the Cemetery Committee.
- All memorials/monuments must be on the west end of a grave and in line with existing memorials/monuments. Major lettering of family name on above ground memorials/monuments must face west, any other engraving may be on either side. Workman engaged in setting or maintaining memorials/monuments must obtain permission from Cemetery Committee/representatives prior to initiating work, and are subject to cemetery control.
- Any second memorial/monument on an existing plot must be flush.
- All installation work must be done by a monument company.
- All labor performed on cemetery grounds may only be done with the permission of the Cemetery Committee. All requests must be in writing or in person to the Cemetery Committee. If approved, all costs of labor and materials will be the responsibility of the lot(s) owner.
- Maintenance and repair of memorials/monuments shall be at the expense of grantee and heir(s) at law.
- No plantings allowed. Cut flower and/or artificial flowers are permitted close to the memorial/monument or at the head of the lot.
- In order to maintain the cemetery property, all spring/summer decorations must be removed by October 15. If not removed, they will be discarded by the Building and Grounds Committee. All Christmas/Fall decorations must be removed two weeks prior to Easter Sunday or they will be discarded.
- Single heavy metal posts or shepherd’s hooks must be placed as close to the foundation as possible.
- The Cemetery Committee/representatives have the right to remove any items deemed inappropriate.
- St. Alphonsus Parish holds responsibility for the cemetery.
- The parish finance committee and/or an appointed person/persons will oversee the care and maintenance of the cemetery.
- The Parish will maintain the Cemetery in good condition. The Parish will not assume any liability for causes beyond its control.
These rules and regulations may be modified by the action of the Finance and/or
St. Alphonsus Catholic Church
New Munster, WI
All previous rules and regulations are hereby voided
Dated November 8, 2017
RULES AND REGULATIONS GOVERNING
ST. JOHN THE EVANGELIST COLUMBARIUM
701 N. Lake Ave.
Twin Lakes, WI 53181
Article 1. General
These rules and regulations are designed to protect the interests of both the individual user and the Parish. Adherence to these rules and policies will be enforced for the general good in preserving the desirability and beauty of the Columbarium and surrounding area. These rules may be changed by the Parish Finance Council without notice as it deems necessary.
Interested parties may review current rules and regulations by appointment during regular Parish office hours. These regulations will remain in the Parish office.
Exemptions to these rules must be in writing and signed by the Pastor/Parish Director. The specific exemption will be made for cogent reasons and shall not exempt the Grantee from otherwise unmentioned regulations, rules, conditions or restrictions that may apply.
The Parish recognizes that additions or amendments to the rules, conditions or restrictions may be deemed necessary by the Parish for the benefit of all parties.
Article 2. Definitions
The following definitions apply:
Columbarium – a structure which will contain niches of inurning the ashes of deceased persons.
Cemetery Committee – the standing Committee established by the Parish to oversee the operations of the Cemetery and Columbarium.
Cremains – the remains of a cremated corpse.
Grantee – the purchaser of a niche reservation.
Niche – receptacle in the Columbarium for the placement of an urn or urns.
Niche Purchase – the instrument which entitles a person to the right of inurnment of human remains within a niche in the Columbarium. The niche purchase does not constitute the sale or transfer of property, but is the provision of an inurnment space. All ownership of the land and Columbarium remain with the Parish.
Parish – St. John the Evangelist Parish, 701 N. Lake Ave., Twin Lakes, WI 53181.
Urn – a worthy vessel to hold cremains.
Article 3. Authorization of Inurnment
Authorization of inurnment in the Columbarium is subject to the following conditions:
Applicability. The Grantee agrees in writing to all regulations, restrictions and conditions set forth by the Parish or as may be amended and shall equally bind their heirs, successors, administrators and executors and assigns and are enforceable by the Parish and its successors.
Use of property. Only human remains will be placed in the Columbarium. Other use of a niche or the Columbarium is strictly prohibited.
Inurnment authorization. A written authorization is required from the Grantee, executor or personal representative for the inurnment of a person or persons not designated or intended for at the time of agreement between the Parish and the Grantee prior to the inurnment of those cremated remains. This written authorization must be approved by the Parish.
Subject to laws. In addition to rules and regulations set forth the Grantee agrees, and is subject to, applicable laws and regulations of properly constituted governmental bodies or agencies. The Parish reserves the right to amend its rules and regulations.
Article 4. Conditions of Inurnment
Inurnment is subject to the following conditions:
Inurnment within niche space. Inurnment of cremains of a single person or of two persons within a niche is permitted. No more than two persons’ cremated remains may repose in a single niche. Niches have approximate dimensions of 12”x12”x12”. The urn or urns must be able to fit within the niche.
Approved materials and vendors. The Grantee agrees to use materials, products, spaces, agents, parties, and designs approved and controlled by the Parish. The Parish may, at its discretion, remove or require removal of any item not provided or installed, at the expense of the Grantee, should that item be provided by an outside source.
Engraving. The faceplate of each niche shall be engraved with the following information regarding each deceased whose cremains are inurned therein; name, date or year of birth and date or year of death. If date of birth and death is inscribed it shall be in numeric form (e.g. 10-25-12) because of space limitations. Nothing else shall be engraved on the faceplate. Engraving shall be done at the grantee’s expense by a contractor selected by the Parish and in standard typeface selected by the Parish.
Removal of an urn. Removal of cremains for permanent inurnment in another facility will be permitted upon presentation of the appropriate legal documents and payment of a fee determined by the Cemetery Committee.
Identification of cremains. The Parish and its employees or agents shall not be responsible, or liable, for the identification of the cremains of any person at the time of inurnment or at any subsequent time. The Parish relies in good faith that the cremains are those of the person on record. Permanent marking of the name of the deceased and date of cremation will be required on all cremains delivered to the Parish for placement within a cremation space. In addition the parish will need to receive a Report for Final Disposition/Burial Transit Permit prior to inurnment.
Control of the Parish. All improvements of any kind on the Columbarium or surrounding areas are under the strict control of the Parish and any type of work including, but not limited to: opening and sealing niches, installation and/or removal of memorializations, inurnments or disinurnments, plantings, landscape care or columbarium work. The Parish may remove any and all improvements at any time, for any reason. Use of materials, equipment, devices, outside agents, or products is subject to the strict control and approval of the Parish.
Access to Cemetery grounds. The Parish reserves the right to refuse entrance to anyone on the Cemetery grounds for any reason other than a grantee or relative of a grantee. The Parish reserves the right to set hours that the Columbarium/cemetery will be open or available for visiting, or services.
Errors. Should cremains be placed in the wrong location the Parish will offer a new niche location to the Grantee or authorized representative. The Grantee or representative’s acceptance of the new space will be the limit of their remedy or redress. The Parish will accept the costs associated with the disinurnment and reinurnment in the St. John the Evangelist Columbarium due to their error. Should a previous claim to ownership exist for any space resold in error the subsequent purchaser will be given the option of either a refund for all monies paid or that of another available urn space. If, for any reason, the actual space cannot be opened at the time of need the Parish may provide an alternate space, temporarily, so as not to delay the committal service, without liability to the Parish.
Disturbance of Cremains. The niche intended for the sheltering of the Grantee’s cremains was the expressed wish of the Grantee. Heirs will not be allowed to change locations, cause cremains to be removed from their niche, or transfer ownership without a court order.
Decorations. The Parish will not be responsible for any decorations, flowers or other items placed on or near the Columbarium. The Parish reserves the right to remove any decorations, floral arrangements or other items at any time and for any reason. No decorations may infringe upon the rights of others. The Grantee shall be liable for any damage caused by the placement of any decoration. Under no circumstances will the use of glass containers or other items that could cause injury be allowed in the Columbarium area nor may anything be placed on top of the Columbarium. The Parish, at its sole discretion, reserves the right to limit or restrict any decoration or design that it deems inappropriate.
Parish Right to Alter and Use Property. The Parish reserves the right to change the Cemetery boundaries and make improvements as it sees fit. The Parish reserves the right of ingress and egress as may be necessary.
Inurnment Hours. Inurnments or other services will be made when reasonable to do so after receiving adequate notice from the responsible party. The Parish has the right to refuse inurnment of cremated remains when it is impractical to do so and may suggest an alternate time and/or day. Acceptance of a different time or day than that originally requested will be the only remedy of the Grantee.
Authority to Operate. The Parish claims exemption from Chapter 157 of the Wisconsin State Statutes as a religious organization.
Funeral Service. The Parish expressly states that it is not a mortuary or funeral establishment and does not provide mortuary services. The Parish, its employees, representatives or agents make no claim that the Parish provides mortuary services or any other service that may require licensing by the State of Wisconsin.
Reference to Regulations. Every niche purchase and/or agreement entered into between the Parish and the Grantee incorporates by reference to these Rules and Regulations.
Transfer of Ownership. Transfer of ownership is not permitted, unless otherwise approved by the Parish in writing.
Use of Cremation Space. If a grantee allows the use of their niche for the inurnment of the remains of another person in their place, the inurned person’s heirs, representatives, assigns, agents, executor or administrator are bound by the rules, regulations and restrictions as if the person interred were the Grantee. Use other than by owner or his/her family must be approved by the Parish Finance Council.
Article 5. Sale of a Niche
The following provisions pertain to the sale of Parish Columbarium niches:
Niche Purchase Fee. The fee for a niche is presented in the Columbarium Fee Schedule. After the initial purchase of a niche, the Parish Columbarium Committee reserves the right to adjust the inurnment and disinurnment fees without notice as may be necessary from time to time.
Niche Selection. The Grantee will select the niche upon payment. If the Grantee did not select a niche upon payment or if no family member or representative is available for this purpose, the Cemetery Committee will select the niche.
Non-transferrable. A niche purchase is not transferrable. The holder may relinquish rights to the niche if unused, and return it to the Parish for resale and the Parish will refund original purchase price less a transfer fee.
Choice of Location. In a situation where the Grantee knows the exact location of his cremation niche space at the time he enters into the agreement with the Parish it will be known as an “at-need” sale regardless of whether an actual death has occurred. The choice of location will be granted on “first come” basis. No promises are made to the Grantee relating to speculation of future sites or locations that may or may not be developed.
Sales Taxes. The Parish operates under a tax-exempt status.
Columbarium Fund. The Parish reserves the right to establish and control a Columbarium Fund. All money received for the Columbarium Fund with all accrued interest will be made available to the Parish for the purposes of defraying the expenses involved for the purchase, placement, construction, continued maintenance and operations of the Columbarium, or some other purpose if and when that time should ever arise. All excess funds received and not needed to operate the Columbarium may be transferred to the Parish General Fund.
Warranties. The Parish makes no guarantees or warranties concerning the durability or the expected life or condition of Columbarium, grounds, facilities or products offered to the Grantee. The Parish offers these products and services for the sole purpose of providing a means for Catholic burial.
Agents or Representatives. The Parish may elect to appoint individuals to serve them in the operations or administration of the Columbarium at its sole discretion. The duties and powers of any such representative will be under the strict control of the Parish Finance Council but only to the scope encompassed by these regulations. The Parish Finance Council may elect to establish a means of handling emergency, unique or special situations as they may arise without affect on these general regulations.
Article 6. Responsibilities of the Parish
The following are the responsibilities of the Parish for the operation and maintenance of the Columbarium:
Limitation of Responsibilities. The Parish will maintain the Columbarium in good condition, take all reasonable precautions against defacement or defilement of the niches and Columbarium and preserve all pertinent records. The Parish will not assume any liability for causes beyond its control including, but not limited to acts of God, vandalism, theft, accidents, riots, military action or strikes. Loss or damage within the reasonable control of the Parish shall be limited to no more than the amount of the money paid for any contracted items.
Columbarium Expansion. If sufficient funds and need exist, the Cemetery Committee will have the right to physically expand the Columbarium.
Article 7. Cemetery Committee Responsibilities
The following describes the responsibilities of the Cemetery Committee with respect to the Columbarium:
The Columbarium will be administered by a Cemetery Committee appointed by the Parish Finance Council.
The Cemetery Committee will consist of up to seven members of the Parish. The cemetery sexton, being responsible for cemetery grounds, will serve as an advisory member of the Committee. The Pastor or Parish Director will serve as an ex officio member of the committee.
The presence of 66 percent or more of the member shall constitute a quorum.
The Committee is responsible for the management of all funds directly associated with the Columbarium.
Special cases may arise in which literal enforcement of these Rules or fees may impose unnecessary hardship. The Parish therefore, reserves the right to grant exceptions to any of these Rules or fees when in the judgment of the Committee such action appears advisable. Any action under this section will be reported in writing to the Parish Finance Council.
St. Alphonsus Cemetery
New Munster, Kenosha County, Wisconsin, 53105
St. John’s Cemetery
Twin Lakes, Kenosha County, Wisconsin, 53181