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FRANKLIN CEMETERY

CONTRACTS

THESE RULES AND

REGULATIONS CAN BE DOWNLOADED HERE.

 

 

FRANKLIN CEMETERY RULES AND

REGULATIONSFRANKLIN 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 th 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 useable 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