CONTRACTS

THESE RULES AND REGULATIONS CAN BE DOWNLOADED HERE.

 

 

FRANKLIN CEMETERY RULES AND REGULATIONS

FRANKLIN CEMETERY ASSOCIATION

• The Franklin Cemetery Association is a Non‐Profit Corporation.

 

• The Cemetery, located in Franklin, Michigan, is owned by the Franklin Cemetery Association and is licensed by the State of Michigan, Permanent I.D. No. 2202001051.

 

• The Franklin Cemetery has historic significance on the national, state and local levels. It was listed on the National Register of Historic Places on February 10, 1969. It was listed on the Michigan Register of Historic Sites on July15, 1999,
(Site ID# P27274). It is part of the Franklin District established in 1971.


Franklin Cemetery is located on a hill overlooking the historic Village of Franklin, Michigan, and serves the Village and surrounding area. The cemetery began as a 1-acre burial ground in 1827. Today the Cemetery has grown to more than six acres. It was founded by Elijah Bullock, one of the founders of the Stoughton Bullock Settlement, renamed Franklin in 1828. The Cemetery contains the remains of some of Franklin’s earliest settlers, as well as over 250 veterans who served in the War of 1812, the Civil War, the Spanish American War, World Wars I and II, and the Korean and Vietnam Wars. Franklin Cemetery is a special place to remember loved ones, reflect on community founders, appreciate the service of our many veterans, and enjoy walking the grounds.


It is still owned and cared for by the Franklin Cemetery Association, comprised of Cemetery burial right owners, and is managed by a professional Cemetery Director. The Board of Directors, governed by the Cemetery’s By-Laws, is made up of nine volunteers, all burial right owners who take pride in their work for the Cemetery.


The Franklin Cemetery Board has adopted the following Rules and Regulations as the Rules and Regulations of Franklin Cemetery for the mutual protection of its Members and the Cemetery as a whole. All Members and visitors within the Cemetery and all burial 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 the Cemetery Association’s Board of Directors.


 

OWNERSHIP OF CEMETERY

The Franklin Cemetery Association is a nonprofit 501(c) (13) corporation consisting of persons who are burial right owners and managed by a Cemetery Director guided by a 9-member Board of Directors.

 

The Association retains to itself, for the benefit to all burial right owners (i.e.
Members) full, complete and undisputed supervision, control and management of all the land, improvements, roads, development, books and records, and the full and complete authority, rights and privileges to make changes, administer and enforce all rules, regulations and restrictions not inconsistent with the laws of the State of Michigan. The Association also reserves to its Board the right to adopt new policies and/or revise these policies and regulations when necessary, without notice.


As some of the Board Members are subject to change at each Annual Meeting, their names and addresses are not published in this set of Rules and Regulations. However, an annual list of Board Members’ addresses and telephone numbers is published and kept with these rules and Regulations, as are the By‐Laws. A copy may be requested from the Cemetery Director at the following address:

 

Franklin Cemetery Association

P.O. Box 250638

Franklin, MI 48025‐0638

 

 

CEMETERY USE AND REGULATIONS

 

I. Daily Hours, Cemetery Grounds: The grounds of the Cemetery are available for visitation from

   dawn to dusk. No visitors are permitted after dark.

 

II. Cemetery Use

A. It is the duty of the Cemetery Director to see that the Rules and Regulations are complied with, to

    see that order is maintained, and to protect and promote the best
    interests of the Cemetery. Special cases for emergencies may arise in which the literal

    enforcement of a rule may impose unnecessary hardship. The Cemetery, therefore, reserves the

    right to make exceptions, suspensions or modifications of any of these Rules and Regulations

    when, in the judgment of the Management, such action appears necessary. Such temporary

    exception, suspension or modification shall in no way be construed as affecting the general

    application of such Rules and Regulations.


 

B. No pets of any kind shall be allowed within the Cemetery grounds
unless confined within a vehicle.


 

C. All motorize and non-motorized modes of transportation shall travel on paved roads, except those

    vehicles that are being used in the maintenance of cemetery or on official Cemetery business.

 

D. Alcoholic beverages are prohibited.

 

E. The Franklin Cemetery Association shall not be liable for any personal or property damage caused

    by any person or vehicle or “act of God.” Damages caused by persons or vehicles within the

    Cemetery shall be the responsibility of the person, driver or owner of the vehicle and may be

    subject to prosecution.


 

F. Any group use of the Cemetery, other than the interment of the dead, must have the approval of

   the Cemetery Director.

 

III. Cemetery Members’ Plantings And Decorations

A. The Cemetery will not be liable for any items left on a Cemetery plot

 

B. Low growing annual or perennial flowers may be planted in front of markers and monuments,

    provided the planting bed extends no more than 10”.

 

i. Members should maintain their plantings and should be mindful that the lawnmower clearance is

   only a few inches. Equipment and markers can easily be damaged. It is essential, therefore, that

   plantings be placed next to markers, when space allows, to prevent such damage.

 

ii. No raised beds, fences, walls, boxes, bark, brick or border edging materials of any kinds are

    permitted.

 

C. Trees and shrubs may not be planted on individual plots or lots. The planting of trees and shrubs

     on other Cemetery property must be authorized by the Cemetery Board.

 

D. During the summer months, water from the Cemetery’s well is supplied for the Members’ use. Visitors should be mindful that the well and pump cannot withstand hard use, and therefore, the water is not to be left on when a Member or visitor is not present in the Cemetery.

 

E. Cut floral arrangements must be in a durable container. Glass, china and other fragile containers

    may not be used. Members are to remove decayed flowers and containers. The Cemetery

    Association reserves the right to remove them, as well as to remove funeral arrangements 3-5

    days after a funeral.


 

F. Figurines should be placed next to the marker so as not to interfere with Cemetery maintenance

    equipment and must be removed during the winter months. Candles, toys and mementos are not

    permitted.


G. All statuary, small pots, and personal items that are loose on the plot or in a flowerbed will be

    picked up and discarded by Cemetery personnel on or after October 1 of each year to allow for

    leaf cleanup. Persons wishing to save these items for future use must remove them before

    October 1 and may place them.

 

H. Grave blankets and wreaths made of natural plant materials are permitted from November 15th

     through March 31st, at which time the lawn maintenance company will remove them.


I. Receptacles for waste material are located next to the Tool House near the west entrance to the

   Cemetery. The throwing of rubbish on the drive or, paths, or any part of the grounds is prohibited.


 

IV. Cemetery Landscaping

 

A. The general care of the Cemetery is assumed by the Management and includes cutting the grass

    at reasonable intervals, raking and cleaning of the grounds, removing the snow from roadways,

    and pruning the shrubs and trees that are owned by the Cemetery.

 

B. The Cemetery Association will undertake to maintain, as may be practical, the planting or

     replacement of trees and shrubs to preserve and maintain landscape features, but does not

     undertake to maintain individual plantings, urns, or plants.

 

C. Trees and shrubs shall only be planted with authorization of the Cemetery Board.

 

D. The Cemetery Association shall not be responsible for plantings damaged by the elements or by

     any other cause beyond its control. The Cemetery Association shall have the right to remove all

     plantings of any kind from the Cemetery as soon as in its judgment they become unsightly,

     detrimental or diseased; or when they do not conform to the standard maintained or when they

     hinder the use of other lots, pathways, or the general operation of the Cemetery.

 

E. The Cemetery reserves the right to prevent the removal or pruning of any flowers, trees, shrubs

    plants or other herbage unless the Cemetery Board give consent.


 

BURIAL RIGHT PURCHASE, TRANSFER AND USE



I. Purchase fees must be paid in advance of interment. Full payment of all purchase reservations

   must be made within 60 days of the date reserved, at which time a Certificate of Burial Rights will

   be issued. A copy of the Association’s By-Laws and Rules and Regulations will also be provided to

   the new Member.



A. An Owner may assign ownership of a plot’s burial rights to a qualified family  member by sending

    a Notarized written request to the Cemetery Director stating the family relationship and the

    desired wording for titling the new Certificate of Burial Rights. The request must include the

    ORIGINAL Certificate of Burial Rights; name, address and phone number of the new Owner; and an

    Administrative fee of $50.00 payable to the Franklin Cemetery Association.

 

i Family membership is defined as spouse, child, mother, father, brother, sister, grandchild.


B. If an Owner wishes to relinquish a plot’s burial rights, it must be sold back to  the Cemetery

    Association at the price paid by the Owner, less a $50.00  Administrative fee. The plot must be

    usable as a burial site as determined by  the Cemetery Director. The original Certificate of Burial

    Rights must be  returned to the Association.

 

C. The purchase of burial rights in a plot confers only the right of burial. The plot Ownership remains

     in the Cemetery Association.

 

D. Sales will be made only to individuals, families and Trusts.

 

E. Upon the death of an owner, the ownership of burial rights of any plot in the Cemetery passes to

    the heirs or devisees of the original owner(s) as stated in the Certificate of Burial Rights. The heirs

    or devisees are likewise eligible for a voting membership in the Cemetery Association, subject to

    payment of annual dues as set by the Board of Directors.

 

F. It is the responsibility of the burial rights owner(s) to notify the Cemetery Director of any changes

    in their postal address. Notices of Annual Meetings, which include the amount due for Annual

    Dues, will be sent to the last address of record.

 

II. Burials

 

A. The Cemetery Sexton shall perform the opening and closing of all graves, both for full burials and

     for interment of cremains. Interment of cremains by any other means is prohibited. Only human

     remains may be interred in the Cemetery. Fees for this service shall be paid in advance. Legal

     authorization for final disposition, i.e. Burial-Transit Permit, must be presented to the Sexton and/

     or the Cemetery Director at time of interment; the Cemetery Director and Sexton maintain burial

     records accordingly.

 

B. In order to maintain a high standard of care and to eliminate sunken graves caused by the

    collapse of wooden boxes, it is required that all burials be made in outside containers of natural

    stone, or of metal, or of reinforced concrete, except for cremations. Cremations shall be placed in

    a container of a non-disintegrating material. All such containers must be so made and installed as

    to meet any specifications established by the Cemetery Association. Scattering of cremains is

    strictly prohibited.

 

C. No plot shall contain more than one (1) vault and one (1) cremains or three (3) cremains.

 

D. The right is reserved by the Cemetery to insists upon at least 48-hours’ notice prior to any

    interment and at least one weeks’ notice prior to any disinterment or removal.

 

E. The Cemetery reserves, and shall have, the right to correct any errors that may be made in making

    interment or removals, or in the description, transfer or conveyance of burial rights in any

    interment property, either by canceling such conveyance and by substituting and transferring in

    lieu thereof burial rights in other interment property of comparable value and similar location as

    far as possible, or as may be selected by the Management, or by refunding the amount of money

    paid on account of said purchase. In the event such error shall involve the interment of the

    remains of a person in such property, the Cemetery reserves, and shall have the right, to remove

    and transfer such remains so interred to other property of comparable value and similar location

    as may be substituted and transferred in lieu thereof.

 

 

MONUMENTS, MARKERS AND BENCHES

I. All monuments, markers and benches shall be approved by and purchased through the Franklin

   Cemetery Association. No monuments, markers or benches will be installed until payments due to

   the Association for plots, monuments, markers and/or benches have been paid in full.

 

A. Monuments, markers and benches should be designed to complement the historic quality of the

    Cemetery, which is commonly referred to as a “country cemetery”. Careful attention should be

    paid to the size, color, scale and material being used. Bulky monuments, bold colors, sharp

    contrast lettering, porcelain and breakable materials are not to be used. Any photographs or

    digital images are not to exceed 3 inches in size and are to be 1-dimensional.

 

B. No material except granite, marble or other standard quarried stone or bronze shall be used for

    monuments, markers or benches. Engraving shall be done in the stone itself and shall not be

    painted or otherwise coated.

 

C. Monuments, markers and benches shall be installed even with the natural level of the ground with

    foundations below. The Cemetery Sexton shall pour all foundations. Cost for this work shall be

    paid directly to the Sexton in advance of installation of said monument, marker or bench.

 

II. Sizes

 

A. Flat markers:

1. Single markers- maximum size 24” wide x 12” deep (14” for slant markers) x 4” high per single plot.

    There shall be no more than one (1) flat marker per plot with the exception of a veteran’s marker.

    Veterans may have an additional military marker at the foot of the grave, it shall be flush with the

    ground and not be a raised marker.

 

2. Double markers- maximum size 48” wide x 12” deep (14” for slant markers) x 4” high per double

    plot. Marker is to be centered on the two plots.

 

B. Raised Markers and Monuments: maximum size for a family lot (more than one plot) is dependent

    on the size and configuration of the lot and should be proportionate to it. Maximum size is 60”

    wide x 12” deep x 48” high. Veterans may have an additional military marker at the foot of the

    grave; it should be flush with the ground and not be a raised marker.

 

C. Benches: maximum size for a single plot is 24” wide x 12” deep; for a family lot (more than one

    plot/grave) maximum size is 36” wide x 12” deep. A single plot may have either a marker or a

    bench, but not both, except for a flat veteran’s marker. Veterans may have an additional military

    marker at the foot of the grave; it shall be flush with the ground and not be a raised marker.

 

III. Cemetery Board Approval of Monuments, Markers and Benches

 

A. A drawing to scale and specifications for any monument, marker or bench must be submitted to

    the Cemetery Board for written approval prior to installation.

 

B. The Board of Directors reserves the right to reject any monument, marker or bench that, because

    of its size, material, design, color, inscription, quality or method of construction, is deemed

    inappropriate for the Cemetery of the plot on which it is to be placed.

 

The Cemetery Association assumes NO responsibility for damage to any monument, marker, bench, memorial, urn, and shrub or planting, during the regular course of Cemetery maintenance or by vandalism, theft or subsequent burials.

 

The Board of Directors reserves the right to amend these rules in part or in their entirety at any time without notice.

 

Amended June 1, 2016

 

STEPHEN BANCROFT -   CEMETERY ADMINISTRATOR   

© COPYRIGHT. ALL RIGHTS ARE RESERVED.
DESIGNED AT LAKEHOUSE STUDIOS