VERGENNES TOWNSHIP CEMETERY ORDINANCE 
Adopted June 19, 1995
Amended April 17, 2000


AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND GENERAL 
WELFARE BY ESTABLISHING REGULATIONS RELATING TO THE OPERATION, 
CONTROL, AND MANAGEMENT OF CEMETERIES OWNED BY THE TOWNSHIP OF 
VERGENNES, KENT COUNTY, MICHIGAN;  TO PROVIDE PENALTIES FOR THE 
VIOLATION OF SAID ORDINANCE;  AND TO REPEAL ALL ORDINANCES OR 
PARTS OF ORDINANCES IN CONFLICT THEREWITH.

THE TOWNSHIP OF VERGENNES, COUNTY OF KENT, MICHIGAN ORDAINS:


Section 1:  TITLE


This Ordinance shall be known and cited as the Vergennes 
Township Cemetery Ordinance.


Section 2:  DEFINITIONS OF CEMETERY LOTS AND BURIAL SPACES


A.	A cemetery lot shall consist of burial spaces sufficient 
to accommodate eight burials.

B.	A burial space shall consist of a land area four and one 
half feet wide and nine feet in length, except that this provision 
shall not apply to smaller burial spaces, if any, currently designated 
on official township surveys of any of the township cemeteries.

C.	A burial space will accommodate one vault, one vault and 
one cremation, or two cremations. 


Section 3:  SALE OF LOTS OR BURIAL SPACES


A.	Hereafter, cemetery lots or burial spaces shall be sold 
only to residents or taxpayers of the township for the purpose of the 
burial of such purchaser or his or her heirs at law or next of kin.  
No sale shall be made to funeral directors or others than as heretofore 
set forth.  The township clerk, however, is hereby granted the authority 
to vary the aforesaid restriction on sales where the purchaser discloses 
sufficient personal reason for burial within the township through previous 
residence in the township or relationships to persons interred within.

B.	All such sales shall be made on a form approved by the township 
board, which grants a right of burial only and does not convey any other 
title to the lot or burial space sold.  Such form shall be executed by the 
township clerk.

C.	Those persons acquiring a right to a cemetery lot or burial space 
may not resell such rights to any person or entity other than to the township.



D.	Purchase of less than eight burial spaces may not create locked 
in spaces.  Single sites will be sold as chosen by the township clerk.

Section 4:  PURCHASE PRICE AND TRANSFER FEES

A.	Each burial space shall cost the sum of $30.00 for residents and 
$300.00 for non-residents.  

B.	Any transfer of one or more burial spaces from an original purchaser 
to a qualified assignee shall cost $10.00.

C.	The forgoing charges shall be paid to the township treasurer and 
shall be deposited in the General Fund, Cemetery account.	

D.	The township board, by resolution, may periodically alter the 
foregoing fees to accommodate increased costs and needed reserve funds for 
cemetery maintenance and acquisition, and in its' discretion establish fees 
for perpetual care of gravesites.

Section 5:	GRAVE OPENINGS

A.	No burial spaces shall be opened except under the direction and 
control of the cemetery sexton.  This provision shall not apply to proceedings 
for the removal and reinterment of bodies and remains, which matters are under 
the supervision of the local health department.

B.	The opening and closing of any burial space, prior to and following 
a burial therein, and including the interment of ashes, shall be at a cost to 
be determined from time to time by resolution of the township board, payable 
to the funeral director utilized by the deceased or the family of the deceased.

C.	In the event of severe weather or adverse ground conditions storage 
of a vault will be handled by the aforementioned funeral director.

Section 6: 	MARKERS AND MEMORIALS

A.	All markers and memorials must be of stone or other equally durable 
composition.

B.	Any large upright monuments must be located upon a ground level 
foundation with a three inch border, maintaining the monument in an erect 
position, and must face the direction indicated on the plot map, issued at 
the time of purchase.  All footings or foundations upon which any monument, 
marker or memorial must be placed shall be constructed to meet township 
specifications.

C.	Only one monument, marker or memorial shall be permitted 
per burial space.

D.	Footings for all headstones or monuments shall be installed 
by persons designated by the township board and shall be constructed 
of concrete of sufficient size and depth necessary to support said 
headstone or monument.  Fees for such footings are the responsibility 
of the owner of the burial right or his or her legal heirs or representatives.

Section 7:	INTERMENT REGULATIONS

A.	Not less than 36 hour notice shall be given in advance of any 
time of any funeral to allow for the opening of the burial space.  Contact 
people include the sexton, clerk and/or burial administrator.

B. The appropriate permit for the burial space involved, together with
appropriate identification of the person to be buried therein, where 
necessary, shall be presented to either the cemetery sexton or the township
clerk prior to interment.  Where such permit has been lost or destroyed, 
the township clerk shall be satisfied, from his or her records, that the 
person to be buried in the burial space is an authorized and appropriate 
one before any interment is commenced or completed.
                                                                                     
C.  All gravesites shall be located in an orderly and neat appearing
manner within the confines of the burial space involved following all 
township regulations.

Section 8:      GROUND MAINTENANCE

A.  No grading, leveling, or excavating upon a burial space shall be
allowed without the permission of the cemetery sexton or the township clerk.

B.  No shrubs or trees of any type shall be planted.  Any of the
foregoing items planted without such approval may be removed by the 
township or the cemetery sexton.  Planting of flowers is permitted 
only adjacent to monument, none to be on top or outlying corners of 
grave.  Artificial grave decorations must be picked up by October lst 
or will be discarded.  Winter wreaths or grave blankets are permitted 
between November 15th and March 15th.  Any person wishing to save them 
must have them removed by March 16th.  Urns are encouraged, but not 
required, and must be placed on the foundation for the monument.

C.  The township board reserves the right to remove or trim any tree,
plant or shrub located within the cemetery in the interest of maintaining 
proper appearance and the use of the cemetery.

D.  Mounds which hinder the free use of a lawn mower or other gardening 
apparatus are prohibited.

E.  The cemetery sexton shall have the right and authority to remove and 
dispose of any and all growth, emblems, displays or containers that through 
decay, deterioration, damage or otherwise become unsightly, a source of 
litter, or a maintenance problem.

F.  Surfaces other than earth or sod are prohibited.  Sod removed for a 
burial shall be reseeded or replaced at time of burial.

G.  All refuse of any kind or nature including, among others, dried flowers, 
wreaths, papers, and flower containers must be removed from the cemetery.

Section 9:	FORFEITURE OF VACANT CEMETERY LOTS OR BURIAL SPACES

Cemetery lots or burial spaces sold to or owned by non-residents after 
the effective date of the Ordinance and remaining vacant 40 years from the 
date of their sale shall automatically revert to the township upon occurrence 
of the following events:

A.  Notice shall be sent by the township clerk by first class mail to the 
last known address of the last owner of record informing him of the expiration 
of the 40 year period and that all rights with respect to said lots or spaces 
will be forfeited if he does not affirmatively indicate in writing to the 
township clerk with 60 days from the date of mailing of the within notice his 
desire to retain said burial rights.

B.  No written response to said notice indicating a desire to retain the 
cemetery lots or burial spaces in question is received by the township clerk 
from the last owner of record of said lots
or spaces or his heirs or legal representative within 60 days from the date 
of mailing of said notice.

Section 10:	REPURCHASE OF LOTS OR BURIAL SPACES

The township will repurchase any cemetery lot or burial space from the 
owner for the original price paid the township upon written request of said 
owner or his legal heirs or representatives.

Section 11:	RECORDS

The township clerk shall maintain records concerning all burials.  Burial 
Transfer Affidavits shall be filed with the township clerk within 15 days 
of burial.  Records concerning issuance of burial permits separate and apart 
from any other records of the township shall be open to public inspection at 
all reasonable business hours.

Section 12:	VAULT

All burials shall be within a standard concrete vault installed or 
constructed in each burial space before interment.

Section 13:	PENALTIES

Any person, firm or corporation who violates any of the provisions 
of the within Ordinance shall be guilty of a misdemeanor and shall 
be subject to a fine of up to $l00.00 and/or imprisonment for up to 
90 days in jail as may be determined by a court of competent jurisdiction.  
Each day that a violation continues to exist shall constitute a separate 
offense.  Any criminal prosecutions hereunder shall not prevent civil 
proceedings for abatement and termination of the activity complained of.

Section 14: 	SEVERABILITY

The provisions of the within Ordinance are hereby declared to be severable 
and should any provision, section or part thereof be declared invalid or 
unconstitutional by any court of competent jurisdiction , such decision 
shall only affect the particular provision, section or part thereof 
involved in such decision and shall not affect or invalidate the remainder 
of such Ordinance which shall continue in full force and effect.

Section 15:	EFFECTIVE DATE

This Ordinance shall take effect 30 days from its publication.  All 
ordinances or parts of ordinances in conflict herewith are hereby repealed.                  


I hereby certify the foregoing to be a true copy of an Ordinance adopted at 
a regular meeting of the Vergennes Township Board held on the 19th 
day of June, 1995.


	_________________________
	Mari C. Stone
	Vergennes Township Clerk