CHURCH YARD CEMETERY
Name, Location and Purpose
The name, location, place of business and objects of this corporation shall be set forth in the Articles of Agreement.
Amended: Proprietors meeting 5/5/99, to read: Consistent with Article 4 of the Articles of Agreement of the Church Yard Cemetery, the provisions for disposition of the corporate assets of the Church Yard Cemetery in the event of dissolution of the corporation are:
Assets shall be distributed only to another cemetery corporation which is a like or similar one having the same general purposes and enjoying the same tax-exemption under the Internal revenue Service Code, or to the Town of Holderness for a similar public purpose.
Any person having an interest in a lot in the Trinity Church Yard Cemetery shall be considered a proprietor of the Church Yard Cemetery and as a proprietor shall have the right to vote at all meetings of the Proprietors. (Cemetery Association)
MEETING OF PROPRIETORS
The annual meeting of the proprietors shall be held on the second Thursday of November in each year at such time and place as the trustees shall determine.
Amended: Proprietors meeting 11/14/74, to read: “The annual meeting of the Proprietors shall be held on the first Wednesday in May each year at such place as the trustees determine”.
Special meetings shall be called by the clerk upon the written request of a majority of the trustees.
Notice of all meetings, annual or special shall be by notice published in some newspaper published in Plymouth, New Hampshire fourteen days at least prior to the date of the meeting, stating the time and place of meeting and the purpose for which the meeting is called.
Trustees and Officers
(a) The control and management of the Church Yard Cemetery shall be vested in a board of eleven trustees, who shall be elected annually by the proprietors at their annual meeting of whom a majority shall be quorum for the transaction of business.
Amended: Proprietors meeting 5/5/99, to read: Each Director, prior to taking his position on the Board, and all present Directors shall submit in writing to the Chairman of the Board a list of all businesses or other organizations of which he is an officer, director, trustee, member, owner (either as a sole proprietor or partner), shareholder, employee or agent, with which the Corporation has or might reasonably in the future enter into, a relationship or a transaction in which the Director would have conflicting interests. The Chairman of the Board shall become familiar with the statements of all Directors in order to guide his conduct should a conflict arise.
At such time as any matter comes before the Board in such a way as to give rise to a conflict of interest, the affected Director shall make known the potential conflict, whether disclosed by his written statement or not, and after answering any questions that might be asked him, shall withdraw from the meeting for so long as the matter shall continue under discussion. Should the matter be brought to a vote, neither the affected Director nor any other Director with a pecuniary benefit transaction with the Corporation shall vote on it.
The Board will comply with all the requirements of New Hampshire law where conflicts of interest are involved, including but not limited to the requirements of a two-thirds vote where the financial benefit to the director or trustee is between $500.00 and $5,000.00 in a fiscal year, and to the requirement of a two-thirds vote and publication in the required newspaper where the financial benefit exceeds $5,000.00 in a fiscal year. The New Hampshire statutory requirements are incorporated into and made a part of this conflict policy.
(b) The trustees shall meet following the annual proprietors meeting at which time they shall elect a President, Vice President, Treasurer, Clerk and Auditor who shall hold office for one year or until a successor has been elected.
Meetings of the trustees maybe held at any time upon ten days written notice being given by mail postage prepaid to each trustee addressed to his last known address.
Duties of Officers
The president shall preside at all meeting of the Proprietors and of the trustees. He shall call meetings of the board of trustees whenever he desires, or whenever requested by a majority of the board, and shall call special meetings of the proprietors whenever requested by a majority of the trustees. In behalf of the corporation with the treasurer, he shall sign all notes, deeds, mortgages, contracts, leases of other instruments of obligation duly authorized bye the corporation. He shall perform such other duties as may be prescribed from time to time by the board of trustees.
In the absence of the president, the vice-president shall preside at all meetings of the Proprietors of the corporation and meetings of the trustees.
The treasurer shall be the financial agent of the corporation, have charge of and be responsible for all moneys which come to his possession, prepare and exhibit statements of his accounts at all annual meetings and at other times when requested by the board of trustees, and make all such reports and returns as are required by law to be made. In behalf of the corporation he shall have the authority to sign checks on any account of the corporation and draw moneys on deposit in the name of the corporation, and with the president shall sign all notes, deeds, mortgages, contracts, leases or other instruments or obligations duly authorized by the corporation. If required by the board of trustees, he shall give a bond for the faithful performance of his duties, in such amount as the prescribe.
The clerk shall have the custody of the books and papers pertaining to the records of the corporation and shall issue the calls for all meetings.
The auditor shall annually examine and audit the books and records of the treasurer and make such further audits as the trustees may request.
These by-laws may be altered or amended at any annual meeting of the proprietors or any special meeting called for the purpose.
RULES OF CHURCHYARD CEMETERY
The following Rules relative to the Churchyard Cemetery have been adopted by the Trustees in May, 1988 with a desire to enhance the beauty of the cemetery and to better protect visitors to the Cemetery as well as property within the Cemetery.
All burial lots are sold by the Churchyard Cemetery Association with the understanding the purchaser will abide by the rules and regulations of the Churchyard Cemetery Association. All burials require cement vault or cement liner.
(1-A) The Churchyard Cemetery shall be open to visitors at all reasonable hours during the spring, summer and fall months. However, the Superintendent is authorized to open the cemetery during the winter at such times and for such purposes as he may determine. Furthermore, the Superintendent is authorized to close the Churchyard Cemetery at any time he believes such closing is necessary or desirable.
VEHICLES: Motor vehicles, duly registered, may be operated over the roadways of Churchyard Cemetery by visitors or business invitees, duly licensed to operate such vehicles, provided that such vehicles are operated in a safe and careful manner and at a rate of speed consistent with the traffic within the cemetery, but not in excess of twenty miles per hour. The right to operate motorcycles, ski-mobiles, ATV’s and bicycles is forbidden unless special written permission is received from the Superintendent to do so, and such permission shall be limited to specific occasions.
NOTICE: All lots without perpetual or annual care are allowed live flowers three days before Memorial Day and must be removed no later than three days after Memorial Day.
(3-A) FLOWERS, PLANTS, and SHRUBS: The planting and maintenance, including the height of shrubs, plants or trees, must have the approval and permission of the Superintendent. The Cemetery Association encourages the use of flowers throughout the summer seasons, but requests those placing flowers in the Cemetery to please remove them before they become wilted or unattractive to the lot. The use of suitable urns or other appropriate plant containers is permitted. Not more than two such containers are permitted on any lot. Urns and containers not in use may b e removed by the Superintendent and stored in the cemetery tool house. The Superintendent shall have the right to enter upon any lot and remove therefrom, grass, leaves, branches, undesirable flowers or plants, and any improper or offensive objects. Artificial flowers may be used but must by in a suitable container or vase.
DAMAGED PROPERTY: The Churchyard Cemetery;, its Superintendent, Trustees, or agents shall not be held responsible for damage to any lot, marker, monuments, post or curbing, nor the planting on any lot; neither shall they be responsible for any urns, containers, or other articles placed upon a lot in the cemetery.
(4-A) DAMAGED PROPERTY: The Churchyard Cemetery, through its Trustees and agents, will use reasonable care to avoid damage to any lot or appurtenances thereof; however, neither the Cemetery Association, nor its Trustees or agents shall be held responsible for damage to any lot or appurtenance thereto caused by snowplows or workmen during such periods as snow is on the ground.
(NOTE): The Laws of the State of New Hampshire (R.S.A. Ch. 572) provide penalties for wrongfully destroying, injuring, defacing or removing any tome, monument, stone or other structure, including trees, shrubs or plants. Penalties are also provided if such acts include a fence, railing or curbing; other penalties are provided for the wrongful removal of decorations from a grave as well as for any act tending to desecrate a grave.
FENCING & GRASS: Erection and/or maintenance of fencing or other enclosures around a lot, or any part thereof is prohibited. Corner posts are permitted but must be kept flush with the ground with no raised letters.
ROADS: All roads within the cemetery are under the direct control and supervision of the Trustees and the Superintendent. Trucks are permitted within the cemetery only by special written permission of the Superintendent who shall designate the vehicle’s route within the cemetery.
WORKMEN: All workmen performing any work within Churchyard Cemetery shall be subject to the direction of the Superintendent.
MONUMENTS: Monuments or other authorized memorials shall be set upon a cement foundation. Each two grave, four grave, or eight grave lot may have one standard monument. The overall size of the monument and foundation shall not exceed forty (40) inches in height, forty-two (42) inches in width and fifteen (15) inches in depth. On single graves there shall be no monuments erected or maintained. Location and size of all monuments require prior approval in writing of the Cemetery Superintendent before installations.
(8-A) For the best interest and protection of all lot owners, memorials, even for temporary use, of cement, artificial stone, composition, wood, tin, plaster, or iron is not permitted. All monuments, markers, etc should be of first quality granite, marble, or natural stone, Monuments of natural stone shall not exceed twenty-four (24) inches in surface height, thirty (30) inches in surface width and twenty-two (22) inches in surface depth.
(8-B) RIGHT TO REMOVE: Should any monument become unsightly, dilapidated, or a safety hazard, the Cemetery Association shall have the right, at the expense of the lot owner, to correct the condition or to remove the same.
(8-C) RIGHT TO CORRECT ERRORS: The Cemetery Association, at its expense, may, without liability, correct any error that may occur in the placing of a foundation or memorial.
(9) MARKERS: All grave markers must be set at grass levels with no raised lettering. Grass level markers may be set without a foundation. Individual markers should be placed on the end of the grave farthest from the base of the monument. In single grave locations all markers should be placed at the foot of the grave.
(10) FOUNDATIONS: Foundations for monuments are to be the full size of the face of the memorial and shall be installed only under the direction and authority of the Superintendent. Foundations will be installed at such times during the year as is feasible. Foundations will be installed only after any and all charges relative to that specific lot have been made.
(11) PURCHASE OF LOTS & GRAVES: Cemetery lots may be purchased from the Treasurer of Churchyard Cemetery in accordance with a price schedule adopted by the Board of Trustees. All lots and graves are now sold with Perpetual Care which is included in the purchase price of the lot.
(12) TRANSFER OF OWNERSHIP: Lot owners may sell or transfer their interest in a lot or lots by endorsing the back of the lot certificate and returning the certificate to the Treasurer of Churchyard Cemetery. The Treasurer shall record the change of ownership in the Cemetery Records and properly issue a new certificate. The cemetery records shall be the official record of ownership of cemetery lots. Existing lot sizes shall not be affected by any transfer of ownership.
Perpetual and Annual Care lots include the mowing and trimming of grass, removing old flowers, fallen leaves, tree branches, or other debris, care of roads, water lines, fences, equipment and tool house.
(13-A) Regular care does not include special care of monuments, watering, or fertilizing the grass, nor the planting of plants, shrubbery or trees.
Work on lots with Perpetual Care will be terminated at such time yearly as the interest received has been expended.
LOT GRADE: All lots re-seeded or re-made will be at such grade level as the Superintendent may determine. The grade will be level with no grave mounds permitted.
RE-SEEDING: Re-seeding or re-turfing of lots is done under the direction of the Superintendent. The charge for re-seeding or re-turfing is based on the size of the lot, and is in accordance with a charge set by the Superintendent or custodian.
OPENING GRAVES: Graves must be opened under the direction of the Superintendent.
INTERMENT: Bodies or cremations of deceased humans only may be buried in Churchyard Cemetery.
DISINTERMENT: The disinterment and or removal of a body will be permitted only after written permission has been filed with the Superintendent, by the lot owner, and the surviving spouse; if there be no surviving spouse then a duly appointed executor or administrator, if any, and if not then by the next of kin; and if full compliance has been made with all laws governing the disinterment and /or removal of a body. This rule shall not apply where a lawful order is given the Superintendent by a duly authorized public official.
TOMB: Bodies of deceased human beings only may be placed in the cemetery tomb or receiving vault, to await a spring burial. Such bodies must be removed as soon as possible in the spring, and no such body may remain in the tomb, or receiving vault after June 15th.
Perpetual Care should be put on all old lots so that they too will be cared for.
VIOLATION OF RULES: Any person willfully violating any of these rules will be ejected and excluded from the Churchyard Cemetery. Such further action may be taken as the Superintendent or Trustees deem advisable.
A copy of these Rules and any changes that may be made shall be posted in a conspicuous place in the church entryway in Churchyard Cemetery.
© Barry Borella 2005