Bylaws – Rosemont Cemetery Association
Definitions
Unless the context otherwise indicates,
“Arbitration” refers to a process through which two or more parties use an arbitrator or an arbiter to resolve a dispute
“Association” refers to the Rosemont Cemetery Association
“Cemetery” refers to the Rosemont Cemetery Association’s grounds
“Disinterment” means exhumation; to dig up or remove human remains and/or ashes from a grave
“Grave” means a place of burial; approximate area of land measuring 4’ x 10’, with the exception of graves in the “New Section”, which measure approximately 4’ x 11’
“Interment” means the ritual placing of human remains and/or ashes in a grave
“Maintenance” refers to all activities of the Association which furthers the care and upkeep of the Cemetery, including, but not limited to, cutting of grass and preservation and repair of water lines, roads, buildings, walls, trees, bushes, plantings and other structures
“Mausoleum” refers to a large, above-ground burial chamber
“Plot” refers to an area of land in a cemetery made up of 8 or 10 adjacent graves; approximate area of land measuring 16’ x 20’, with the exception of a plot in the “New Section”, which measures approximately 16’ x 22’
“Section” means a division of the Cemetery made up of plots
Article I. Full Legal Name of the Organization
Section 1. Name
The name of this organization shall be The Rosemont Cemetery Association.
Article II. Purpose of the Association
Section 1. Mission
The Rosemont Cemetery Association exists to procure and preserve land to be used exclusively as a cemetery, delivering superior service to the public in providing for the sale of graves, the disposition of human remains only, and the burial process that takes place within the Cemetery. In addition, the Association is responsible for preserving and enhancing the Cemetery’s beauty and heritage as well as maintaining its historical records.
Section 2. New Jersey Cemetery Board Regulations
All graves shall be kept in accordance with the rules and regulations adopted by the Board of Directors, consistent with laws of the State of New Jersey, and shall not be used for any other purpose than as a burial place of human remains only. The New Jersey Cemetery Board Regulations N.J.A.C. 44J has jurisdiction over the Rosemont Cemetery Association. All rules and regulations adopted by the Association shall conform to the N.J.A.C. regulations.
Article III. Members
Section 1. Definition of Members
Members of the Association shall be made up of the original grave or plot owners and those to whom their deed may be legally transferred. No person will be recognized as owner of any interment space unless his name is validly recorded in the Association records. The Association may recognize the interest of a successor in title when the surviving claimant may establish by affidavit or other acceptable form, their right to ownership.
Section 2. Voting
Any person(s) who is/(are) an original owner(s) of a grave or plot, a legal representative of the owner(s), or to whom title of ownership to a grave or plot has been transferred, shall be entitled to one vote for the deed held (multiple deeds held by one grave/plot owner shall count as one deed and therefore one vote) in the election of the Board of Directors. In the case of joint ownership of a grave or plot, the vote may be given to a person designated by a majority of the owners. All such owners, or their legal representatives, are invited to take part in all public meetings of the Rosemont Cemetery Association.
Section 3. Transfer of Ownership
No transfer of a grave or plot will be permitted unless the name of the transferee is recorded in the official record books of the Association and the appropriate fee, as prescribed in the current fee schedule, is paid to the Secretary. Information on all transfers must be passed on to the Superintendent, the Treasurer, and all concerned parties as soon as is practical.
Article IV. Directors
Section 1. Board of Directors
The Board of Directors shall consist of a minimum of seven, and a maximum of nine, persons who are approved by majority consent of the current members of (1) the Association and (2) the Board of Directors. In addition, the Board of Directors, as an entity, shall be entitled to one vote, which can be used as a tie breaker in the event of a tied vote. In cases where the Board is comprised of an even number of Directors, the President of the Board of Directors will possess the tie breaking vote.
Individuals interested in serving on the Board of Directors must first be nominated by a current Board member. The Board reserves the right to deny a Board position to an applicant in the event that the Board deems the applicant’s presence to be detrimental to the proper functioning of the Board or Cemetery or if the applicant’s service on the Board would pose a conflict of interest.
Section 2. Election
The first seven members of the Board are elected at the first election for terms as follows: Two to be elected for one year, two for a period of two years, and three for a period of three years. Thereafter, as their terms of office expire, their successors shall be elected for periods of three years each. The eighth and ninth Board positions, if filled, will be for terms of one year from the date the position was filled. Thereafter, as their terms of office expire, their successors shall be elected for periods of three years each. If a Director vacates his position prior to his term expiring, the remaining Board of Directors may appoint an interim Director to fill the position until the next annual meeting.
The annual public election of Directors shall be held in May, at the annual meeting, with adequate public notice being provided for at least two weeks prior to the meeting. The Secretary shall post notice of the annual meeting in accordance with the requirements of these Bylaws, posting a notice in the Hunterdon County Democrat and posting notices at the Cemetery, on the Cemetery’s official website, at Delaware Township Hall, and at the Rosemont, Sergeantsville, and Stockton Post Offices for a period of two weeks prior to the meeting.
Section 3. Procedures and Rules for Voting
In order for a vote that takes place during the course of an Association meeting to be considered legally binding, a majority of the Directors must be present. In the case of a Board comprised of seven or eight Directors, at least four of the Board members must be present for a quorum to exist. In the case of a Board made up of nine Directors, six of the nine members must be present in order to constitute a quorum. Unless otherwise noted, a vote is carried if a majority of the Board members that are PRESENT vote in favor of it. In the event of a tie vote, the vote will not be carried since a tie does not constitute the required majority vote. For this Association, an abstention vote shall be counted as a “no” vote.
In order for a vote that is not part of an Association meeting to be considered binding, the vote must be cast in person or via telephone, mail or email.
Section 4. Duties of the Board of Directors
The Directors shall meet directly after the annual public election and at the call of the President. At the regular annual meeting, following the public election of Directors, the Directors shall elect from their Board, a President and Vice President. In addition, the Directors shall appoint a Secretary, Treasurer, and Superintendent who may not be members of the Board of Directors. The Superintendent, Secretary and Treasurer will hold their respective offices one year, unless sooner removed by the Board with cause, but the Board may appoint to fill vacancies in any of these offices until the next annual meeting.
The Board of Directors shall have final oversight over any and all Committees established within the Association, including, but not limited to, the Executive Committee and the Finance Committee. The Board also has first jurisdiction over all business that is not first under the charge of an Association committee. The Board shall have final jurisdiction over all Association committees, and may overrule the recommendations and decisions made by those committees.
The Board must approve all subcontractors hired to perform work in the Cemetery.
It is the duty of the members of the Board of Directors, whenever possible, to attend regularly scheduled Board meetings. If a member of the Board of Directors is absent for three consecutive meetings over a two-year period, the remaining members of the Board have the right to call for a vote requesting that the Board member vacate his position on the Board.
Article V. Executive Committee
Section 1. Composition
The Executive Committee shall be made up of the Vice President and at least two members of the Board of Directors. These positions shall be appointed at the annual meeting of the Board. The President or Vice President shall be the Chairman of the Committee.
No “titled” employees of the Cemetery (Superintendent, Treasurer, and Secretary) may hold a position on the Executive Committee. An exception is made for Board members that are paid to perform duties for the Cemetery, but are not officially considered “titled” employees of the Cemetery. Where a conflict of interest does not exist, those Board members retain the right to hold a seat on the Executive Committee.
Section 2. Duties
The Executive Committee is charged with overseeing the Cemetery and ensuring that the Superintendent, Treasurer, Secretary, all other employees and all subcontractors perform their duties as directed by the Board of Directors and these Bylaws. The Committee shall enforce the rules, regulations and Bylaws of the Cemetery.
The Executive Committee shall meet in order to approve any recommended actions prior to any presentations by the Committee to the Board.
The Executive Committee shall hear all grievances or disputes brought forward by grave or plot owners, who have not been satisfied by the resolution provided by the Superintendent, and if possible, provide an acceptable solution. If the Committee cannot provide an adequate solution, the grievance or issue is to be brought to the Board for their decision. The Executive Committee shall enforce any subsequent ruling made by the Board.
The Executive Committee shall communicate any grievances or issues with an employee’s performance to that employee in a private setting. The Secretary shall keep records of all such grievances and those records shall be kept confidential. The employee shall be given the right to defend himself and to provide evidence in support of his performance. If there are further grievances, or the original grievance is not adequately addressed in the opinion of the Executive Committee, the Committee shall forward the matter to the full Board of Directors, which has the right to vote to terminate the employee’s position.
The Executive Committee is responsible for (1) providing proper documentation of the grievances brought against the employee, (2) placing a record of such grievances in the employee’s personnel record, and (3) making those grievances available to the employee before a vote for termination can be undertaken. Once proper procedures, as outlined here, have been followed, the Board may terminate the employee with a unanimous vote.
Section 3. Length of Term
Executive Committee members shall hold their position on the Committee for a period of one year. At the end of the year of service, the Board of Directors, at their annual meeting, may fill the vacancies with members that have held the position previously, or may choose to appoint new members to the Committee. If an Executive Committee member cannot fulfill the full one-year term of his position, the Board of Directors may appoint a replacement to fill the remaining term until the Board votes on an appointment at their annual meeting.
Article VI. Finance Committee
Section 1. Composition
The Finance Committee shall be made up of the Treasurer, who shall be an advisor to the Committee, and at least three members of the Board of Directors. These positions shall be appointed at the annual meeting of the Board, with one member of the Finance Committee being elected by the Committee as the Chairperson of the Committee.
Section 2. Duties
Meetings of the Finance Committee shall take place at least two times per year, once in early May and once in early November in order for the Committee to help prepare the semi-annual financial reports that will be presented to the Board of Directors. Additional Finance Committee meetings may also be held as needed and can be called at the discretion of the Treasurer and the other members of the Finance Committee. The Committee will review all financial investments and make recommendations regarding financial matters related to the Association. All investments shall be made only after the investment plan has been discussed and agreed to by the Treasurer and the Finance Committee and has been voted on and approved by the Board of Directors. The members of the Finance Committee must first approve any recommendation that will later be presented to the Board.
The Finance Committee shall ensure that the Treasurer performs the duties as outlined in these Bylaws, will oversee the annual financial review of the financial records of the Cemetery by a Certified Public Accountant, will make recommendations on financial matters to the Board, and will meet to discuss any other financial issues that arise, including, but not limited to, a discussion of investment options and capital spending decisions.
Section 3. Length of Term
Finance Committee members shall hold their position on the Committee for a period of one year. At the end of the year of service, the Board of Directors, at their annual meeting, may fill the vacancies with members that have held the positions previously, or may choose to appoint new members to the Committee. If a Finance Committee member cannot fulfill the full one-year term of his position, the Board of Directors may appoint a replacement to fill the remaining term until the Board votes on an appointment at their annual meeting.
Article VII. Meetings
Section 1. Meeting Schedule
Regular meetings of the Association will be held three times per year, in February, May and November. An optional fourth meeting may be held in August if deemed necessary. The May meeting will serve as the Association’s annual meeting and will directly follow the public election of the Board of Directors.
The Directors shall meet directly after the annual election, at the annual meeting, and by request from the President. Meetings may be held at the time and location the Directors agree upon. In the case of a seven or eight member Board, five members of the Board present at the meeting shall constitute a quorum as long as all members of the Board were given adequate advance notice of the meeting. In the case of a nine member Board, six members of the Board present at the meeting shall constitute a quorum as long as adequate notice was provide in advance of the meeting. Meetings shall be conducted in accordance with Robert’s Rules of Order.
Section 2. Notice of Meetings
Adequate public notice will be given of the annual meeting in accordance with the following. An announcement will be posted in the Hunterdon County Democrat, as well as at the Cemetery, on the Cemetery’s official website, at Delaware Township Hall, and at the Rosemont, Sergeantsville, and Stockton Post Offices for a period of two weeks prior to the meeting.
Article VIII. Paid Employees of the Rosemont Cemetery Association
Section 1. Employees
The Superintendent, Treasurer and Secretary shall be considered “titled” employees of the Cemetery Association. In addition, other persons hired to perform tasks at the Cemetery and paid by the Cemetery Association may also be considered employees of the Association. The Board may authorize the hiring of new employees, who may or may not be Board members, at an hourly rate, or under a compensation plan, agreed to by the Board, with a majority vote, to perform specific duties as prescribed by the Board.
The Cemetery Association may, when it determines the need, create and hire for a new position. The job description, the reporting structure, the compensation, and the specific duties to be performed under the new position must first be agreed to by a majority of the Board before such position can be filled.
Section 2. Superintendent
The Superintendent, who may not be a member of the Board of Directors, shall be appointed by the Board of Directors at their annual meeting. The Superintendent shall hold the office for one year, unless sooner removed by the Board, with cause. The Board may appoint an interim Superintendent to fill a vacancy until the next annual meeting is held.
The Directors shall vest the immediate authority and control over the Cemetery grounds to the Superintendent who will enforce all rules and regulations and prevent or correct any violations of the rules and regulations as outlined in these Bylaws. The Superintendent shall oversee all funerals, act as a representative of the Cemetery at all funerals, have general supervision of the Cemetery grounds and work under the direction and supervision of the Executive Committee. The Executive Committee may commit to the Superintendent oversight of all improvements, by whom, or under whose direction, all improvements to the Cemetery may proceed.
The Superintendent shall perform any duties that may be required by the Executive Committee and/or by the Board of Directors. The Superintendent’s duties include, but are not limited to, the responsibilities outlined in these Bylaws. A full listing of the Superintendent’s duties is provided in Rosemont Cemetery’s Employee Job Descriptions.
Section 3. Treasurer
The Treasurer, who may not be a member of the Board, shall be appointed by the Board of Directors at the annual meeting. The Treasurer shall hold the office for one year, unless sooner removed by the Board, with cause. The Board may appoint an interim Treasurer to fill a vacancy until the next annual meeting is held.
The Treasurer shall receive all monies due to the Association, issue payments and shall keep accurate account of all receipts and disbursements, file vouchers for money spent, and produce financial reports for each of the three yearly Board meetings. The Treasurer shall also provide financial records and any required documentation to aid in the annual financial review to be conducted by a Certified Public Accountant. The Treasurer shall also file annually any reports required by the NJ Cemetery Board.
The Treasurer shall perform any other duties that may be required by the Executive Committee and/or by the Board of Directors. The Treasurer’s duties include, but are not limited to, the responsibilities outlined in these Bylaws. A full listing of the Treasurer’s duties is provided in Rosemont Cemetery’s Employee Job Descriptions.
Section 4. Secretary
The Secretary, who may not be a member of the Board, shall be appointed by the Board of Directors at the annual meeting. The Secretary shall hold the office for one year, unless sooner removed by the Board, with cause. The Board may appoint an interim Secretary to fill a vacancy until the next annual meeting.
The Secretary shall keep accurate minutes of all annual, regular and special meetings of the Board of Directors, as well as attend all Board and Committee meetings, keeping accurate minutes of those meetings. The Secretary shall schedule all meetings and post notice of those meetings as required by these Bylaws.
The Secretary shall create, seal and notarize deeds affirming the purchase of graves or plots or the transfer of title from one owner to another. The Secretary shall keep accurate records of all purchases, transfers and burials in the official record books of the Cemetery as well as in an electronic format. The Secretary will prepare reports for each Board meeting showing all such activity.
The Secretary shall perform any other duties that may be required by the Executive Committee and/or by the Board of Directors. The Secretary’s duties include, but are not limited to, the responsibilities outlined in these Bylaws. A full listing of the Secretary’s duties is provided in Rosemont Cemetery’s Employee Job Descriptions.
Section 5. Board Members.
Members of the Board of Directors may provide services to the Cemetery, distinct from their duties as Members of the Board, for monetary compensation. No single Board Member may be paid more than $3,000 per fiscal year for work done as a contractor for duties not part of the Board of Director’s duties, unless approved by the Board, which shall be determined by a majority of the Board of Directors by vote, on a case by case basis.
Article IX. Subcontractors
Section 1. All subcontractors shall be supervised by the Cemetery Superintendent. All subcontractors performing work for, and paid by, the Cemetery shall first be approved by the Board of Directors and must submit a valid certificate of insurance prior to performing any work at, or for, the Cemetery.
Article X. Maintenance and Preservation of the Cemetery
Section 1. Establishing the Maintenance and Preservation Fund
The Association shall establish an irrevocable trust, as required by the State of New Jersey, to fund permanent maintenance and preservation of the Cemetery. The fund shall be established in a New Jersey, or federally-regulated financial institution that has, or maintains, a principal place of business in New Jersey.
Section 2. Investment of Maintenance and Preservation Funds
The fund shall be invested according to the rules and regulations set forth in the “Prudent Investor Act”, P.L. 1997, c. 26 (C.3B:20-11.1 et seq.) and the income earned from this fund shall be used only to maintain and preserve the Cemetery. Capital gains are not considered income for purposes of this fund and will be retained as part of the principal of this account.
Section 3. Regulating the Maintenance and Preservation Fund
The Board shall supervise the creation and operation of the Maintenance and Preservation Fund and may regulate its operation and use.
Article XI. Annual Report
Section 1. New Jersey Cemetery Board Requirements
Each year, the Treasurer shall file an annual report, as required by the New Jersey Cemetery Board, within 120 days after the close of the Cemetery's fiscal year. The report shall be filed in a form established by the New Jersey Cemetery Board, showing the extent and sources of augmentation of the Maintenance and Preservation Fund, the expenditure of the income of the fund during the preceding year, and a list of the securities in which the trust funds are invested. At the time of the filing of the report, the Cemetery shall pay the required filing fee set by regulation. Officers and employees of the Association shall provide access to the Association's books, papers and securities to the N.J. Cemetery Board when requested and otherwise facilitate any examination of the Cemetery.
Article XII. Grievances and Dispute Resolution
Section 1. Dealing with Disputes/Grievances Directly Through the Association
Any and all disputes or grievances voiced by a Member of the Association will first be presented to the Superintendent who, within 60 days, shall work to identify a resolution that is satisfactory to both the Association and the complaining Party. If the complaining Party finds the Superintendent’s resolution to be unsatisfactory, they may next bring the grievance before the Executive Committee. The Executive Committee shall convene and issue its determination within 60 days of receipt of the complaint. If the complaining Party finds the Executive Committee’s resolution unsatisfactory, the Party may, within 60 days, notify the Board of Directors that it wishes to bring the dispute to the complete Board of Directors, following proper procedures (see Section 2). If, after discussing the grievance or issue with the full Board, there is still no adequate resolution, the dispute will be subject to arbitration.
Parties that are not Members of the Association may present disputes or grievances to the Board of Directors. The ruling of the Board of Directors shall be considered final and shall not be brought to an Arbitrator.
Section 2. Procedure for Bringing a Grievance to the Board
Any member of the Association, or any other interested Party, who has unsatisfactorily attempted to settle their grievance first with the Superintendent and then with the Executive Committee, and wishes to bring the grievance or concern to the Board of Directors, shall, within 60 days of receiving a decision by the Executive Committee, first put the grievance or concern in writing and deliver it to the Board of Directors, via the Secretary, or by directly contacting a member of the Board of Directors, at least one week in advance of the next meeting of the Board. The grievance or concern shall be relayed to all members of the Board, and the Secretary shall place the issue on the agenda for discussion at the next Association meeting.
Section 3. Arbitration
If all attempts to resolve a dispute or grievance through the Superintendent, the Executive Committee and the Board of Directors have been exhausted, the dispute in question shall be resolved by binding arbitration in accordance with the procedures of the American Arbitration Association (AAA). The arbitration shall be conducted by one arbitrator skilled in the business, legal and technical aspects of this Agreement.
The arbitrator shall allow each Party to conduct limited discovery regarding the dispute, including a complete exchange of relevant documents. The arbitrator is not empowered to award punitive damages. The arbitration award shall be final and binding upon the Parties to the arbitration and judgment thereon may be entered in any court having jurisdiction.
Costs and expenses of arbitration shall be determined by the arbitrator, but in no event shall either Party be required to post security. Nothing contained herein shall in any way deprive either Party of its right to seek a temporary restraining order, preliminary or permanent injunction or other equitable relief in a court of competent jurisdiction.
Arbitration shall take place in Hunterdon County, New Jersey. The Parties agree that, during the arbitration period, all of the provisions of this Agreement shall remain in full force and effect.
Section 4. Litigation
Moreover, both Parties agree that in the event of any litigation or arbitration arising out of this Agreement, that litigation shall take place in the federal court located in New Jersey or in the New Jersey State Courts located in Hunterdon County, New Jersey. In the event of any such litigation, each Party agrees not to assert any defense for lack of jurisdiction, venue or forum non conveniens.
Article XIII. Liability
Section 1. Damages Resulting From Normal Cemetery Operations
The Association shall not be liable for any damages occurring as a result of an error in interments, disinterments, paperwork, selling of plots, etc., whether due to current issues with recordkeeping or resulting from past recording errors concerning locations of burials within the plots. The Association will make every reasonable effort to correct, mitigate or rectify the situation.
Section 2. Damages Resulting From Cemetery Maintenance
The Association shall not be liable for damages resulting from the mowing of the grass, the removal or cutting back of weeds and other necessary routine maintenance at the Cemetery.
Section 3. Damages to Persons Visiting Cemetery Grounds
The Association reserves the right to compel those coming into the Cemetery to obey all rules and regulations in effect currently, or any rules and regulations to be adopted in the future. Any person entering Cemetery grounds does so at their own risk and shall be solely responsible for any damages done to them or their property while on Cemetery grounds. The Rosemont Cemetery Association shall not be held responsible for any injuries sustained at the Cemetery.
All disorderly persons or any persons damaging tombstones or other Cemetery property may be ejected from the Cemetery and will be held liable for all damages incurred.
Section 4. Damages Resulting From Acts of Nature
The Association is not responsible for personal injury damages or damages to property caused by acts of nature, which may include, but is not limited to, falling or fallen trees.
Article XIV. Friends of the Rosemont Cemetery
Section 1. Mission
The Rosemont Cemetery Association reserves the right to establish a non-profit group, which shall be known as the “Friends of Rosemont Cemetery”, for the purpose of promoting the interests of the Cemetery, compiling the history of the Cemetery and of those buried in it, and raising funds for the Cemetery.
Section 2. Composition
The Friends group shall include at least one member of the Board of Directors. The group shall not have voting power but may act in an advisory position to the Board of Directors.
Article XV. Rules and Regulations of the Rosemont Cemetery
Section 1. Burials and Interments
Only human remains may be interred, and only with the prior permission of the Superintendent, and once appropriate burial fees have been collected and burial record paperwork has been filled out.
The remains of no more than one person may be interred in any one grave space, except (1) in the case of a double-deep burial or (2) in the case of the burial of cremation remains. In the case of a double-deep burial, the first set of human remains to be buried in the grave must be buried sufficiently deep to allow a subsequent burial on top of the first casket. Fees beyond the customary single burial fees will be charged, as is prescribed by the current fee schedule. In the case of burial of cremation remains, the following shall be allowed: (1) a maximum of one set of human remains with two sets of human ashes, with the casket burial occurring first, or (2) up to three sets of human ashes per grave. If a permanent foundation is required to be removed in order to accommodate an additional burial in the grave, the foundation will be removed by the cemetery at the grave owner’s expense.
Private mausoleums will not be permitted.
All funerals, upon reaching the Cemetery, shall be conducted under the supervision of the Superintendent or an appointed representative of the Association.
Grave or plot owners shall pay the established charges for digging, opening and closing the graves directly to the Superintendent at the time of, or prior to, the burial. The Association will then perform, or have performed, the aforementioned work. In a case where less than 24-hours notice of a burial is provided to the Superintendent, the Association shall charge a higher rate for the burial, as prescribed in the current Association fee schedule.
Section 2. Burial of Ashes
All ashes must be buried by the Superintendent or other representative of the Cemetery Association, at a charge as prescribed by the Cemetery’s current fee schedule.
While vaults are not required for the burial of human ashes, the Association strongly recommends that ashes be buried in a permanent container that can be accommodated by a 16” x 16” x 24” space.
For burials of human ashes without vaults, a hole with dimensions of 16” x 16” x 24” will be dug. If the ashes will be contained in a vault, the size requirements of the hole will increase, which may not allow enough space to bury three sets of ashes in the grave. The size of such a hole will vary and shall be provided by the funeral director prior to the burial.
Section 3. Rules Governing Vaults
The use of vaults is required for the burial of all full human remains. While vaults are not required for the burial of human ashes, the Association strongly recommends burying ashes in a permanent container. No metal vaults or vault liners shall be permitted. All vaults must have a concrete outer shell. A casket composed of composite material shall be permitted for the burial of an infant.
Section 4. Rules Governing Disinterments
No disinterment will be permitted except with the consent of the persons required by the New Jersey Cemetery Act and with the approval of the Superintendent. Appropriate documentation from the State must also be provided. In addition, a licensed funeral director must be present during the disinterment and must oversee the entire process.
Fees charged for disinterment shall be at the rate prescribed by the current Association fee schedule and shall equate to an amount at least two and a half times the normal burial fee. The established charges for exhumations shall be paid directly to the Superintendent at the time of, or prior to, the disinterment.
Exhumations shall be conducted with great care under the supervision of the Superintendent, who will coordinate the act of disinterment. Due care will be exercised during the process of exhumation, however, any damages to the human remains, casket, vault, burial case, urn or other such vessel are not the responsibility of the Association and will not be borne by the Association.
Disinterments shall only take place in appropriate weather. A disinterment may be postponed at the discretion of the Superintendent in the case of poor weather. During a disinterment, the Cemetery shall be closed to other activities. If a funeral has been scheduled, the funeral will take precedence and the disinterment will be postponed until such time when the Cemetery is not needed for a funeral.
Section 5. Rules Governing Graves, Gravesites and Headstones
No stone or monument, tree or plant, shall be placed on, or removed from, any grave unless approved by the Superintendent and sanctioned by the Executive Committee. If this regulation is violated, the Superintendent, at his discretion, may remove the stone, monument, tree, plant or other decoration.
Cultivation of live plants is permitted only within 18 inches of the headstone in an area directly in front of the headstone, and no plantings are permitted to the sides or back of the headstone. Trees, shrubs or flowers that are improperly planted are subject to removal by the Superintendent.
Stone coping or other enclosures of graves and iron or iron work of any kind will not be permitted, but owners may have the boundaries of the grave indicated by corner stones, to be located at their expense, by, or under, the direction of the Superintendent. These stones shall not project above the ground and may not be altered once set.
Excavations for monuments or other memorials will be overseen by the Superintendent and will be performed by the Superintendent or other employee at the expense of the grave or plot owners.
All permanent grave markers are required to have a foundation. Foundations must be constructed of concrete and be at least of like width and length as the base stone proposed to be laid upon it, and it shall not project above the surface of the ground and must extend no less than three feet below the ground. Foundations shall be constructed by the Superintendent or by an approved subcontractor. Additionally, any benches or permanent sculptures made from stone or masonry that are brought into the Cemetery must have an adequate foundation. Foundations shall be dug between April 15 and December 15 due to ground conditions.
Stone or marble slabs set in the ground are permitted. However, no reclining marble stones or slabs shall be allowed unless the stone or slab shall serve as a headstone only.
The Rosemont Cemetery Association strongly recommends a monument base size up to 16 inches in width. Groundskeeping or burials occurring at or around a monument in which the base exceeds 16 inches, may result in damage to the monument and/or the foundation. The Rosemont Cemetery Association is not liable for any damage to a monument or foundation, with a base exceeding 16 inches in width, which may occur as a result of plot preparation, burial, plot maintenance or groundskeeping at, near or around the monument in question, nor the replacement cost of such monument. Any fees incurred by the Rosemont Cemetery Association to repair any such damage may, at the Association’s discretion, be charged to the individual who purchased the monument in question or the plot owner. Monument bases exceeding 20 inches in width are prohibited.
From time to time, it may be necessary to move headstones and/or plantings in order to open a grave for burial. This should be seen as a normal part of conducting the business of the Cemetery. The temporary disruption will be corrected as soon as is practical. Any losses that occur due to the necessary moving of headstones or plantings are not the responsibility of the Association.
Temporary metal grave markers are considered by the Association to be temporary and are not to remain on a grave indefinitely. If, during the course of normal Cemetery operations, a metal marker becomes broken or otherwise damaged, the Superintendent has the right to remove the damaged marker at his discretion.
While due care will be exercised, Rosemont Cemetery Association bears no responsibility for damages to temporary or permanent grave markers due to normal operations of the Cemetery.
Graves for sale may only be put on hold for a period of two weeks.
Section 6. Rules Applying to the Care and Appearance of the Cemetery
At times, because of the proximity of the graves, it is necessary for the Association to temporarily remove a grave stone, plantings or trees in order to facilitate a new burial. At times, it is also necessary to temporarily place a pile of dirt, tents, chairs or tools on adjoining plots in order to accommodate a burial. These should be seen as normal and necessary activities of the Cemetery and will be rectified as soon as possible by, or under, the supervision of the Superintendent.
At times, trees and/or plants may need to be removed if they are causing damage or have the potential to cause damage to graves, headstones or other Cemetery property, pose a safety hazard, or are deemed to be (1) overgrown, (2) block views of, and access to, existing headstones, (3) are significantly compromised due to equipment, weather or animal damage, (4) block pathways or roadways, or (5) substantially reduce the esthetic beauty of the cemetery. The permanent removal of these trees or plants shall be at the discretion of the Superintendent and the Executive Committee and shall be conducted under the supervision of the Superintendent.
All holiday and seasonal decorations placed on or around graves must be removed by their owners within 30 days. If these items are not removed according to this timeline, the Superintendent may remove them at his discretion. Failure to comply with this ruling may result in fees assessed to the violating party. In addition, any neglected or unmaintained gravesites requiring corrective measures shall be dealt with, and appropriate fees charged, at the discretion of the Superintendent.
The Association will not be liable for damages resulting from the mowing of the grass, the removal or cutting back of weeds, or from any other necessary routine upkeep to the Cemetery grounds. The Association will not be held liable for damages caused to graves, gravesites, headstones or memorials that result from acts of nature or vandalism.
Section 7. Rules Applying to the “New” and “Lower” Sections of the Cemetery
The “Lower Section” is defined as the section of the Cemetery running along the North wall to the circle. A portion of the “New Section”, at the North end, as determined by the Board and the Superintendent, and all of the “Lower Section” shall only contain plaques or flat stones that are level with the ground. No above-ground headstones will be permitted in this area. In this section, there will be no family markers above the ground. All plaques in this area will be placed at the head of the grave, with the exception of military markers, which may be placed after a grave headstone has been placed.
Headstones and plaques will be permitted in the south section of the “New Section”. All headstones and plaques will be located at the head of the grave to permit easier care and better appearance of the grounds, with the exception of military markers which may be placed at the foot of the grave. If, however, a family monument is used, all individual markers must be placed at ground level and at the foot of each grave.
Section 8. Rules Applying to the “Section 5” Area of the Cemetery
In the area of the Cemetery known as “Section 5”, headstones shall be placed only at the foot of the graves and will be referred to as “footstones”.
Section 9. Rules and/or Guidelines Applying to the Memorial Section of the Cemetery
(To be filled in later)
Article XVI. Amendments of Authority
Section 1. The rules and regulations or Bylaws of the Association may be amended or added to by the Cemetery Association by a two-thirds vote of the Board of Directors and by filing such proposed amendments or additions in the office of the New Jersey Cemetery Board and by paying any required fee.
These rules shall be made available to all existing and prospective grave or plot owners on the Cemetery Association’s website and will be provided to all deed owners at the time the signed deed is given to the grave or plot owner. By accepting the deed showing purchase of a plot(s) or grave(s), the deed holder agrees to accept, and be bound by, these Bylaws and all future Bylaws that may be adopted by the Association.
By order of the Board of Directors
Rosemont Cemetery Association
Rosemont, NJ
Established: 1969
Revised: January 18, 2024