Policies, Specifications, and Restrictions

Sikeston Garden of Memories
POLICIES, SPECIFICATIONS, AND RESTRICTIONS
A treasured part of Joshua One Nine, LLC | Revised | February 1, 2017
Contents
Purpose ........................................................................................................................................................... 1
Definitions...................................................................................................................................................... 1
Floral Decoration Policy ............................................................................................................................... 3
Other Decorations Policy ............................................................................................................................. 3
Bench Memorials .......................................................................................................................................... 4
Bronze on Granite Memorial Specifications ...............................................................................................5
Granite Upright Memorial Specifications .................................................................................................. 6
Outer Burial Container Specifications ....................................................................................................... 6
Producers and Retail Dealers ...................................................................................................................... 8
Installation Policies ...................................................................................................................................... 9
Mausoleum Policies .................................................................................................................................... 10
Columbarium Policies ................................................................................................................................. 10
Memorial Type allowed by Garden ........................................................................................................... 10
Modifications and Amendments ................................................................................................................ 11
The following Policies, Specifications, and Restrictions have been adopted for the
mutual protection of owners of Interment Rights in the Cemetery, visitors and Cemetery
employees. All owners of Interment Rights and other persons within the Cemetery, and all
Interment Rights sold therein, shall be subject to these Policies, Specifications, and
Restrictions as they now exist and as they may reasonably be amended or altered hereafter by
the Cemetery. Any reference to these Policies, Specifications, and Restrictions in any purchase
agreement entered into by the Cemetery, or in any Certificate of Interment Rights issued by the
Cemetery, shall have the same force and effect as if these Policies, Specifications, and
Restrictions were set forth in full therein.
The Cemetery expressly reserves the right, at any time, at its sole discretion and
without prior notice to any Owners, to adopt new Policies, Specifications, and Restrictions or
to amend, modify, or repeal any section, paragraph, or sentence of these Policies, Specifications,
and Restrictions.
Purpose
These Policies, Specifications, and Restrictions are designed for the mutual protection of
the Owners of Interment Rights within the Cemetery, visitors and Cemetery employees.
Their enforcement will help protect the Cemetery and create and preserve its beauty.
These Policies, Specifications, and Restrictions have been adopted as the Policies,
Specifications, and Restrictions of the Cemetery, and all Owners of Interment Rights,
visitors, and persons performing work within the Cemetery shall be subject to these
Policies, Specifications, and Restrictions, and all amendments or modifications hereto, as
shall be adopted by the Cemetery from time to time.
Definitions
1.
The term “authorized agent” shall mean the individual or individuals authorized
by the applicable state law to make decisions related to the final disposition of the
deceased.
2.
The term "Care and Maintenance Trust Fund" shall mean the trust fund
established by the Cemetery for the purpose of care and maintenance of the Cemetery
grounds and improvements thereon.
3.
The term "Cemetery" shall mean that cemetery named on the cover page of these
Policies, Specifications, and Restrictions.
4.
The term "Certificate of Interment Rights" shall mean the document by which the
Cemetery conveys to the Owner the exclusive right of sepulture in a particular grave, lawn
crypt, crypt or niche.
5.
The term "contractor" shall mean any person, firm or corporation who has been
authorized by Cemetery management and is engaged in setting any vault or memorial, or
performing any other work on the Cemetery grounds, other than an employee of the
Cemetery.
6.
The term "crypt" means a space in a mausoleum of sufficient size used, or intended
to be used, to entomb human remains.
7.
The term "entombment" means the placement of human remains in a crypt.
8.
The term "grave" means a space of ground in the Cemetery used, or intended to be
used, for the interment of human remains.
9.
The term "interment" means the disposition of human remains by burial,
entombment, or inurnment.
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10.
The term "Interment Right" shall mean the particular right to inter the remains of
a deceased person in a specific interment space within the Cemetery, subject to the
limitations set forth herein.
11.
The term "interment services" shall refer to the opening and closing of a particular
interment space as well as the necessary preparation directly related to the opening and
closing.
12.
The term "interment space" shall refer to the particular grave, crypt, niche or lawn
crypt within the Cemetery to which a particular Interment Right relates. An Owner of an
Interment Right does not, by virtue of such ownership, acquire ownership of the
interment space or of any land or improvements within the Cemetery.
13.
The term "inurnment" means placement of cremated human remains into an
interment space.
14.
The term "lawn crypt" means preplaced, below ground, chambers, either side-byside or multiple depth, covered by earth and sod.
15.
The term "memorial" shall mean (a) a monument, tombstone, grave marker, tablet
or headstone identifying a grave or graves; or (b) a nameplate or inscription identifying a
crypt or niche.
16.
The term "niche" means a space used, or intended to be used, for the placement of
cremated human remains.
17.
The term "outer burial container" shall refer to the rigid outer container used to
surround a casket or a cremated remains container, and shall include the products
commonly known as vaults and grave liners.
18.
The term "Owner" shall mean the owner of an Interment Right or Rights within
the Cemetery, as reflected in the Cemetery's records.
19.
The term "plot" means space in the Cemetery used, or intended to be used, for the
interment of human remains. The term includes and applies to one or more adjoining
graves, crypts or niches.
20.
The term "Purchase Agreement" shall mean that written contract between the
Cemetery and a purchaser pursuant to which the Cemetery agrees to sell and the
purchaser agrees to buy Interment Rights in the Cemetery, merchandise or services.
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Floral Decoration Policy
21.
Floral decorations may be placed in memorial vases at any time.
22.
Other reasonable floral decorations may be placed at interment spaces from
December 1st to January 31st.
23.
All floral decorations not in vases will be picked up beginning February 1st in
preparation for mowing season.
24.
No floral decorations are allowed out of vases during mowing season, except for
the following approved holidays. These special arrangements will be allowed for fourteen
days following the holiday.
Easter; Mother’s Day; Memorial Day; Father’s Day
25.
Floral decorations out of vases during mowing season may be placed for thirty days
for special occasions by obtaining a tag from the Cemetery Office. The decoration tag will
show the placement and removal date.
26.
Casket sprays and floral arrangements placed at the time of interment are removed
approximately two weeks following the service.
27.
The Cemetery is not responsible for any missing, lost, or damaged arrangements
or floral decorations.
28.
The Cemetery reserves the right to remove any floral decoration when they
become withered, faded, unsightly, etc. or for any other reason when removal is deemed
in the best interest of the Cemetery. This includes removal of any objectionable thing or
anything that may have been placed that do not conform to the Cemetery regulations.
Other Decorations Policy
29.
The digging of holes for any purpose whatsoever is strictly prohibited.
30.
All work and all planting of any kind is strictly forbidden within the Cemetery,
without prior permission from Cemetery management.
31.
No glass, ceramic, porcelain, wooden, or metal objects are allowed as decorations
on interment spaces except as outlined in section 34 of this document.
32.
No landscaping objects or garden stones allowed on interment spaces.
33.
No shepherd hooks, rods, or stakes are allowed on interments spaces except as
outlined in section 34 of this document.
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34.
Shepherd hooks, wire stands, and rods used to support wreaths or other
reasonable decorations may be placed at interment spaces from December 1st to January
31st. They must be removed by the owners before February 1st or they will be disposed of by
the Cemetery.
35.
No enclosure of any kind, including but not limited to fencing, coping, hedges or
ditches shall be permitted around any interment space or lot. Grave mounds will not be
allowed and no lot shall be raised above the established grade.
Bench Memorials
36.
Two varieties of Bench Memorials are allowed. Benches on interment spaces are
allowed in gardens with upright memorials in lieu of a memorial as specified in section 37
of this document. Other benches are allowed in designated areas only, as specified in
section 38 or 39 of this document. Installation of Bench Memorials must be performed by
the Cemetery or authorized contractors as outlined in the Cemetery Rules and
Regulations. The owner of the Bench Memorial accepts and authorizes any visitor to the
Cemetery to utilize the bench during their visit.
37.
Bench Memorials placed on interment spaces must have a solid concrete or granite
foundation four inches thick, extending at least two inches beyond the perimeter of the
bench’s largest dimensions, and foundations will be set level with the grade when
possible. They must conform to the general style and aesthetics of surrounding memorials
as determined by the Cemetery.
The bench must not have a back.
The seat of the bench must be at least 30” in length by 14” in width by 4” thick.
When the Bench Memorial has a single support, the support must be at least 30” in
length by 8” thick at its base and provide a seat height of approximately 18” above
grade.
Benches with multiple supports must have supports that are at least 9” in length
by 9” thick each at their base and provide a seat height of approximately 18” above
grade.
38.
Bench Memorials placed in the designated areas of the Cemetery that do not have
a back must use the same dimensions for Bench Memorials placed on interment spaces, as
outlined in section 37 of this document.
39.
Bench Memorials placed in the designated areas of the Cemetery that have a
backrest must be similar in style to a traditional park bench, be made of solid granite
construction, fit with the aesthetics of the surrounding area as determined by the
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Cemetery, and have a solid concrete or granite foundation level at grade and extending
four inches thick below grade, extending at least two inches beyond the perimeter of the
bench’s largest dimensions.
The back of the bench must be at least 40” in length by 12” in height by 2” thick.
The seat of the bench must be at least 40” in length by 14” in width by 2” thick.
The supports must be sufficient to support and secure the back, seat, and
occupants of the bench as determined by the Cemetery.
40.
The Cemetery considers a Bench Memorial a memorial as outlined in the
definitions of the rules and regulations. By placing the Bench Memorial in the cemetery,
the owner agrees to allow visitors to the cemetery to use the Bench Memorial as a bench
during their visit.
41.
Dealer’s names shall not appear on any Bench Memorial.
Bronze on Granite Memorial Specifications
41.
All bronze memorials must consist of bronze alloy consisting of not less than 86%
copper; not less than 5% tin; not more than 2% lead; not more than 5% zinc; and all other
elements in total not to exceed 1%. Any alternative products are not allowed.
42.
The granite base for bronze on granite memorial must have a border beyond the
dimensions of the bronze of at least two to four inches. The base must be at least four
inches thick. All granite bases will be set level with the grade.
43.
No foundations, gravel, rocks, or chat is permitted under granite base.
44.
Memorials must be of professional construction and grade as determined by the
Cemetery. Memorials shall be free from scale, sand holes, pits, pinholes and other
imperfections, which mark the appearance of or impair the usefulness and stability of the
finished memorial tablet. All ornaments, letters and background shall be clean and sharp
and all edges true and accurate to the standard dimensions defined herein. Ornaments
and letters must be tooled and burnished appropriately for a memorial tablet. They must
conform to the general style and aesthetics of surrounding memorials as determined by
the Cemetery.
45.
No part of the base or memorial may be placed within three inches of the border of
the interment space.
46.
Dealer’s names shall not appear on any memorial.
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Granite Upright Memorial Specifications
47.
All upright memorials must be of granite construction. Granite memorials must
consist of good, sound, durable stock and shall be free from seams or any imperfections.
All granite memorial markers (not bases) must be a minimum of 4” in thickness, with
granite markers five feet or longer being a minimum of 6” in thickness.
48.
Upright memorials must be installed on a concrete foundation. The foundation
must have a border beyond the dimensions of the granite base of at least two to four
inches. The foundation must be of sufficient thickness to support the weight of the
memorial, but not less than three inches thick, as determined by the cemetery. All
foundations will be set level with the grade when possible.
49.
No gravel, rocks, or chat is permitted under the foundation.
50.
Memorials must be of professional construction and grade as determined by the
Cemetery. No memorial showing drill or tool marks, or staining from removal of rubber
mat used for sand engraving, shall be considered as first grade workmanship. They must
conform to the general style and aesthetics of surrounding memorials as determined by
the Cemetery.
51.
No part of the foundation, base, or memorial may be placed within three inches of
the border of the interment space.
52.
Dealer’s names shall not appear on any memorial.
Outer Burial Container Specifications
53.
All burials must be made in a two (2) piece concrete or steel box or vault that is
not hinged of type, quality, and construction approved by the management. The use of
wooden boxes and sectional boxes shall not be permitted. All boxes and vaults sold by
anyone other than the management shall be placed and serviced with the direction of the
management or a licensee, which installation shall be supervised by management.
However, the management assumes no liability in the placement or handling of such
boxes or vaults. All cremated remains of human bodies shall be buried in a permanent,
retrievable container. Inurnment or entombment shall be in a container approved by the
management.
54.
STRUCTURAL DESIGN AND STRENGTH
1. The container must test favorably at a strength level sufficient to withstand a
static uniform load of 4,000 pounds per square foot, applied to the top surface. Such load
may not produce a deflection of more than ½” on the top surface, nor more than 3/8” on
the side walls.
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2. There are no specific standards on weight; however design shall incorporate the
necessary structural strength at the minimum achievable weight, and the container shall
be reasonably imperious to puncturing by the backhoe or other equipment, and shall be of
such weight as to avoid buoyancy in the grave space due to water-filled voids.
3. Design contours require that the maximum perimeter dimension be at the
bottom of the container so as to preclude any problems of voids in the back filling of the
grave.
55.
B. DIMENSIONS
1. Outside dimensions should not exceed 94 ½” in length and 34 ½” in width for
36” graves and 38 ½” in width for 40” graves for the regular manufacturing standard.
Height should provide a 26” inside clearance but limited to the least possible exterior
height to achieve this. Unnecessarily high containers require excavation to a greater depth
and the potential of increasing the costs of interment to the user.
2. Outer container wall thickness shall be the minimum possible, consonant with
the strength requirements previously stated. The outer dimensions of the container are
limited to the dimensions stated above, and the inner dimensions shall be sufficient to
permit use of practically all caskets. 19
3. Special sizes are necessary from time to time, either to accommodate a very
narrow excavation, or to accommodate a singularly oversized burial. In these cases all
other standards but dimensions shall apply.
56.
MATERIAL
1. Material used in the construction of a burial container must be impervious to the
destructive action of the natural elements contained in the soil which can range from
extreme acidic to extreme alkaline conditions. Accelerated tests, designed to simulate fifty
years of earthen burial are acceptable in determining the capacity of various materials to
withstand solid conditions. The tests must be conducted by a recognized independent
testing laboratory, with a copy of the test results provided to management.
2. Approved outer containers of reinforced concrete do not require time
acceleration tests since long and extensive experience have provided direct operational
data. New concrete containers submitted for approval must simply meet the following
standards drawn from this experience.
3. Portland Cement Concrete used in outer containers must meet American
Concrete Institute standards for reinforced concrete and shall also meet such standards
for concrete curing.
4. Plastic or fiberglass materials are not approved unless such materials meet the
static load standard and withstand puncturing or damage from a backhoe or other
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equipment used in the interment process, and such materials are of such density to
prevent movement within the grave space due to buoyancy from water-filled voids. Any
such containers shall be tested by the cemetery, and approved by the management, in
writing, as a condition precedent to use.
Producers and Retail Dealers
57.
Producers of granite materials, meaning thereby granite quarries, granite quarries
who also manufacture memorials, and manufacturers of memorials not quarries, in order
to secure the approval of the cemetery must agree to sell only first grade, clear granite for
memorial purposes, and must be willing to guarantee that such granite is free from sap or
anything which will cause rust stains, that it will not check or crack, and agree that should
such faults develop within five years from date of setting, the memorial will be replaced
without cost to the cemetery, or lot owner, by such quarrier so manufacturing such
memorial, or to the manufacturer thereof who will look to his quarrier for adjustment on
material, such adjustment not to delay the replacement of the memorial in the cemetery.
58.
Retail dealers to secure approval of the management must agree to use only first
grade granite and must guarantee the memorial to be executed in first grade
workmanship, with the agreement that should faults develop within five years due to the
setting, treatment or handling of the same by the memorial dealer, such memorial will be
replaced by such memorial dealer without cost to the cemetery or lot owner.
59.
Letter cutters, persons or firms who engage in the business of cleaning memorials
(not connected with established retail dealers already doing business at the cemetery),
and all other persons or firms, must provide satisfactory evidence to the management of
their ability to properly perform the work for which they have been engaged before being
allowed to commence work in the cemetery. In addition, these persons or firms shall
provide to the management of the cemetery proof of general liability, worker’s
compensation, and products liability insurance satisfactory to the management. Said
insurance certification shall provide that the insurance carrier must give thirty (30) days
written notice to the management in the event the insurance is canceled.
60.
Persons engaged in erecting memorials, or other structures, are prohibited from
attaching ropes to monuments, trees, shrubs, or from scattering their material over
adjoining lots, or from blocking streets, avenues, or pathways, or from leaving their
material on the grounds longer than is absolutely necessary. They must do as little injury
to the grass, trees and shrubs as possible, and must remove all debris and restore the
ground and sod to its original condition.
61.
Damage done to lots, walks, drives, tree, shrubs or other property by dealers or
contractors, or their agents, shall be repaired by the management and the cost of such
repair shall be charged to the dealers or contractor.
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62.
No materials, equipment, machinery, or other things for the setting of memorials
may be brought into the cemetery until required for immediate use; nor, when a funeral
procession or funeral is in that part of the cemetery.
63.
While a funeral or interment is being conducted nearby, all work of any
description shall cease.
64.
Approaching the bereaved and soliciting memorial business within the cemetery is
not permitted.
Installation Policies
65.
For the protection of all lot owners, the granite quality, size, finish, color and
engraving of all memorials must be approved by the management before any work is
commenced. All memorials must conform to the specifications of the particular section
where it is to be installed. Any proposed memorial that management deems to be
detrimental to the appearance, uniformity, or safety of the section will not be permitted;
however, recommendations will be made as to necessary changes that would then
conform to the regulations. Memorial restrictions for each section are shown in sections
74 and 75 of this document, and no deviation therefrom will be authorized without the
explicit approval of management of the cemetery.
66.
Before any person, other than cemetery personnel, does any work on any marker
or lot, authorization shall be obtained from the cemetery office. No memorial shall be
installed without this authorization. In every case the charges due the cemetery shall be
paid in advance or arrangements satisfactory to the management are made concerning
payment, including, but not limited to, any other outstanding charges on that particular
lot, space, crypt, or niche.
67.
Any recognized monument dealer may be approved by the management to enter
on any section, lot, or space for the purpose of installation of memorials. In addition, the
monument dealer shall provide to the management of the cemetery proof of general
liability, worker’s compensation and products liability insurance satisfactory to the
management. Said insurance certification shall provide that the insurance carrier must
give thirty (30) days written notice to the management in the event the insurance is
canceled by the monument dealer.
68.
Memorials shall be installed at such times as the management may permit,
dependent upon committal services and the maintenance activities of the cemetery. No
memorial installation shall take place in areas where interments are scheduled for that
day, until such time as the interments are completed.
69.
Any monument dealer performing installations of memorials shall insure that the
cemetery grounds are not injured by the installation, and that all excess materials,
PAGE 9
rubbish, and other waste is cleaned up and removed from the premises, and that the grass,
or other ground cover is restored; and to insure that the memorial was not damaged in
installation. Upon inspection by the management of the cemetery, any damage to the
grounds of the cemetery must be corrected and the grounds restored. In the event this is
not done to satisfaction, the management shall do whatever necessary to restore the
cemetery premises to their condition prior to installation, and shall charge back against
the monument dealer the costs of correctional restoration. Any balances owed to the
management of the cemetery by the monument dealer shall be remitted within thirty (30)
days of receipt of the itemized statement, or the management shall prohibit the memorial
dealer access to the cemetery until such time as the balance is paid in full.
70.
Memorial installation requires experience and often times special equipment. No
person, firm or corporation, other than recognized and approved monument dealers or
management shall be permitted to install memorials in the cemetery.
71.
Any monument dealer who refuses or fails to comply with these Rules and
Regulations shall not be given the privilege to enter on the cemetery grounds for
installation purposes until compliance is effected.
Mausoleum Policies
72.
This section reserved for future use.
Columbarium Policies
73.
This section reserved for future use.
Memorial Type allowed by Garden
74.
Gardens in which Bronze on Granite Memorials may be placed:
All
75.
Gardens in which Granite Upright Memorials may be placed:
No Gardens currently allow for upright memorials.
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Modifications and Amendments
76.
The Cemetery hereby reserves the right, at any time or times, with or without
notice to Owners, to adopt new Policies, Specifications, and Restrictions, or to amend,
alter and/or repeal same at any time. A copy of the Policies, Specifications, and
Restrictions, and any amendments thereto, shall be made available for inspection upon
request at the Cemetery office.
77.
Circumstances may arise in which the literal enforcement of the Policies,
Specifications, and Restrictions may impose unnecessary hardship. The Cemetery,
therefore, reserves the right, without notice, to make exceptions, suspensions, or
modifications in any of the Policies, Specifications, and Restrictions when, in its judgment,
the same appear advisable. Any such temporary exceptions, suspension or modifications
shall in no way be construed as affecting the general application of these Policies,
Specifications, and Restrictions.
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