Our Cemetery By-Laws
- Mar 4
- 10 min read
Updated: Mar 19
North Tryon Presbyterian Church
Cemetery By-Laws
Effective Jan 1st, 2023
The Summary
Definitions:
Contract: For these by-laws, all purchasers of interment rights must sign a contract with the cemetery that details the obligations of both parties and the purchaser's acceptance of the cemetery's by-laws.
Cemetery Operator: The North Tryon Board of Managers designate.
Interment Right: The right to require or direct the interment of human remains or cremated human remains in a plot and direct the associated memorialization.
Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights.
Who can be Buried:
Current members of North Tryon Presbyterian Church.
Relatives to a maximum of two generations from a current member of North Tryon Presbyterian Church.
Relatives to a maximum of two generations from an individual currently buried in the cemetery.
Plot Size: A single plot size shall be 4 x 10 Ft.
Types/Numbers of Burials per Plot:
1 Full body
1 Full body + 1 cremation
1 Full body + 2 cremations
3 Cremations
Pricing:
Members: $500 ($300 for a single plot, $200 for Perpetual Care Fund)
Non-Members: $1000 ($800 for a single plot, $200 for Perpetual Care Fund)
Members & Non-Members: $200 per interment
Perpetual Care Fund Contributions
A $200 perpetual care contribution is deposited into the care and maintenance fund. Income from this fund is used only for general care and maintenance of the cemetery, not for monument care.
By-laws On the Burial of Whole or Cremated Human Remains
The cemetery shall be given 48 business hours of notice for each burial of human remains or cremated human remains. Only the burial of human remains shall be permitted.
Interment rights holder(s) must provide written authorization before a burial.
A burial permit issued by the Registrar General or an equivalent document showing that the death has been registered with the province must be provided to the cemetery operator before a burial. A Certificate of Cremation must be submitted to the cemetery operator before the burial of the cremated remains.
The purchaser of interment rights must enter into a cemetery contract, providing such information as may be required by the cemetery operator to complete the contract and the public register, before each burial of human or cremated human remains. Payment must be made to the cemetery operator before a burial can take place.
The interment rights purchaser has 12 months after interment to place a permanent marker on the purchased plot.
*No artificial flowers, solar lighting, or lighting of any sort shall be permitted at the grave site for any period of time.
Detailed Account
These by-laws govern the North Tryon Presbyterian Church Cemetery and have been approved by the Session and the Board of Managers.
DEFINITIONS
Burial: The opening and closing of an in-ground plot for the disposition of human remains or cremated human remains.
By-laws: The rules and regulations under which the North Tryon Presbyterian Church cemetery operates.
Contract: For these by-laws, all purchasers of interment rights must sign a contract with the cemetery that details the obligations of both parties and the purchaser's acceptance of the cemetery's by-laws.
Cemetery Operator: The North Tryon Board of Managers designate.
Interment Right: The right to require or direct the interment of human remains or cremated human remains in a plot and direct the associated memorialization.
Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights.
Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified plot.
Monument: Any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or plot.
Perpetual Care Fund: The portion of the purchase price which is used for the care and maintenance of the cemetery, as outlined in the by-laws.
Plot: means any in-ground burial space intended for the interment of a child, adult or cremated human remains.
GENERAL INFORMATION
General Conduct: The cemetery reserves full control over its operations and the management of the land within the cemetery grounds. No person may damage, destroy, remove or deface any property within the cemetery. All visitors should conduct themselves in a quiet manner that shall not disturb any service being held.
Who can be Buried:
Current members of North Tryon Presbyterian Church.
Relatives to a maximum of two generations from a current member of North Tryon Presbyterian Church.
Relatives to a maximum of two generations from an individual currently buried in the cemetery.
Liability: The cemetery operator will not be held liable for any loss or damage, without limitation (including damage by the elements, acts of God, or vandals) to any plot, monument, marker, or other article that has been placed in relation to an interment right save and except for direct loss or damage caused by gross negligence of the cemetery operator.
Pets or Other Animals: Pets or other animals, including cremated animal remains, are not permitted to be buried on the cemetery grounds.
Right to Re-Survey: The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot, change, or remove plantings; grade; close pathways or roads; alter in shape or size; or otherwise change all or any part of the cemetery, subject to approval by the appropriate authorities.
Plot Size: A single plot size shall be 4 x 10 Ft.
Types/Numbers of Burials per Plot:
1 Full body
1 Full body + 1 cremation
1 Full body + 2 cremations
3 Cremations
Pricing:
Members: $500 ($300 for single plot, $200 for Perpetual Care Fund)
Non-Members: $1000 ($800 for single plot, $200 for Perpetual Care Fund)
Members and non-members: $200 per interment
Interment rights holders acquire only the right to direct the burial of human remains and cremated human remains, and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by‐laws. In accordance with cemetery by‐laws, no burial or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate will be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of Real Estate or real property. The purchaser has 12 months after the internment to place a permanent marker on the purchased plot.
Perpetual Care Fund Contributions
A $200 perpetual care contribution is made to the care and maintenance fund. Income from this fund is used only for general care and maintenance of the cemetery, not for monument care. Perpetual care contributions are not refundable except when interment rights are cancelled within the 30-day cooling-off period.
Notice of Cancellation and Transfer/Resale of Interment Rights
NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE CEMETERY OPERATOR.
The cemetery operator permits the interment rights holder, as recorded in the cemetery records, to sell or transfer their interment rights to a third party if the purchaser meets the qualifications and requirements set out in the cemetery by-laws.
The interment rights holder(s) intending to sell their rights shall provide the cemetery operator:
1. An interment rights certificate, confirming that the person selling the interment rights is the person registered on the cemetery records and that they have the right to resell the interment rights.
2. A statement signed by the rights Holder(s) selling the interment rights, acknowledging the sale of the interment rights back to the cemetery operator.
The interment rights are then sold back to the cemetery operator at the original purchase price, less the amount required to be deposited into the Perpetual Care Fund. Upon completion of the above-listed procedures and payments of fees at the current list price, and upon the issuance of the new interment rights certificate, the third-party purchaser or transferee(s) shall be considered the current interment rights holder(s), and the resale or transfer of the interment rights shall be considered final. The re‐purchase and payment to the rights holder must be completed within 30 days of the request.
Cancellation of Interment Rights within 30 Day Cooling‐Off Period
A purchaser has the right to cancel an interment or scattering rights contract within thirty (30) days of signing the interment rights contract, by providing written notice of the cancellation to the cemetery operator. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days of the purchaser's request for cancellation.
Cancellation of Interment Rights after the 30 Day Cooling‐Off Period
Upon receiving written notice from the purchaser of the interment rights, along with the returned interment rights certificate (if one has been issued), the cemetery operator will cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights, less the appropriate amount that is required to be deposited into the Perpetual Care Fund. This refund will be made within thirty (30) days of receiving said notice.
If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s), is not entitled to cancel the contract or resell the interment rights.
By-laws On the Burial of Whole or Cremated Human Remains
Interment rights holder(s) must provide written authorization before a burial. Should the interment rights holder be deceased, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder, i.e., Personal Representative, Estate Trustee, Executor or next of kin.
A burial permit issued by the Registrar General or an equivalent document showing that the death has been registered with the province must be provided to the cemetery operator before a burial. A Certificate of Cremation must be submitted to the cemetery operator before the burial of the cremated remains.
The purchaser of interment rights must enter into a cemetery contract, providing the information required by the cemetery operator to complete the contract and the public register before each burial of human or cremated human remains. Payment must be made to the cemetery before a burial can take place.
The cemetery shall be given 48 business hours of notice for each burial of human remains or cremated human remains.
The opening and closing of graves may be conducted only by cemetery staff or those designated to perform work on behalf of the cemetery.
Cremated remains are not permitted to be scattered on a grave.
Human remains may be disinterred from a lot provided that the cemetery operator has received the written consent (authorization) of the interment rights holder and that prior notification has been given to the medical officer of health. A certificate from the local medical officer of health must be received by the cemetery operator before the removal of casketed human remains may take place. A certificate from the local medical officer of health is not required for the removal of cremated remains.
In special circumstances, the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s).
By-laws On Memorialization
No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full.
No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the cemetery operator.
Minor scraping of the base of an upright monument due to grass/lawn maintenance is considered to be normal wear. The cemetery operator will take reasonable precautions to protect the property and interment rights of interment rights holders. Still, it assumes no liability for the loss of or damage to any monument, marker, or other structure, or any part thereof.
The cemetery operator reserves the right to determine the maximum size of monuments, the number of monuments, and their locations on each lot or plot.
All foundations for monuments and markers shall be built by, or contracted to be built for, the cemetery operator at the expense of the interment rights holder.
Should any monument or marker pose a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary to repair, reset, or lay down the monument or marker, or take any other remedy to remove the risk.
The cemetery operator reserves the right, in its sole discretion, to remove any marker, monument, or inscription that is not in keeping with the dignity and decorum of the cemetery, as determined by the trustees.
No artificial flowers, solar lighting, or lighting of any sort shall be permitted at the grave site for any period.
Objects or tokens of significance to the deceased or deceased family member may be permitted in some circumstances, at the sole discretion of the cemetery operator, for a pre-defined period. Disposal or pick-up of said objects will be arranged with the cemetery operator before approval. The cemetery operator assumes no liability for the loss of, or damage to, said objects or parts thereof.
Natural flowers and arrangements may be left on site for a period of one week before disposal, at the discretion of cemetery staff or contracted maintenance personnel.
A monument, or other structure, shall be erected only after the specific design plans have been approved by the cemetery operator, including dimensions, material of structure, construction details, and proposed location.
In keeping with the cemetery by‐laws, only one monument, measuring up to 36" in width, shall be erected within the designated space on any plot.
All monuments and markers shall be constructed of bronze or natural stone (i.e., granite).
No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the cemetery operator has notified the interment rights holder(s) and/or marker retailer.
Single plot maximum: 4 x 10 Ft.
By-laws On Care and Planting
A portion of the price of interment rights is entrusted to the Perpetual Care Fund. The income generated from this fund is used to maintain, secure and preserve the cemetery grounds.
Services that can be provided through this fund include:
• Re‐levelling and sodding or seeding of Lots or grounds
• Maintenance of cemetery roads
• Maintenance of perimeter walls and fences
• Maintenance of cemetery landscaping
• Repairs and general upkeep of cemetery maintenance buildings and equipment
• No person other than cemetery staff shall remove any sod or in any other way change the surface of the burial lot in the cemetery, unless specifically under the order of the cemetery staff
• No person shall plant trees, flower beds or shrubs in the cemetery except with the approval of the cemetery.
• Flowers placed on a grave for a funeral shall be removed by the cemetery staff after a reasonable time to protect the sod and maintain the tidy appearance of the cemetery. As previously noted, no artificial flowers or lights of any kind are permitted to be left at the cemetery.
By-laws Outlining Items that are Permitted or Prohibited
The cemetery reserves the right to regulate the articles placed on plots that pose a threat to the safety of all interment rights holders, visitors to the cemetery and cemetery employees, and/or prevent the cemetery from performing general cemetery operations, and/or are not in keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and disposed of without notification.
Examples of such articles are: articles made of hazardous materials such as non-heat-resistant glass (excludes glass attached to monuments), ceramics, or corrosive metals; loose stones or sharp objects; trellises or arches; chairs or benches.
The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered excessive, which would otherwise diminish the cemetery's tidy appearance.
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