740 Capac Rd.
Allenton, Michigan 48002
(810) 395-4518         Fax:  (810) 395-4698

E-mail address:   info@berlintwpstclair.org

Yard Waste Commercial Composting Ordinance

Section 1: Title
This ordinance shall be known as the Berlin Township Cemetery Ordinance.

 

Section 2: Definitions of cemetery lots and burial spaces
A cemetery lot shall consist of an area sufficient to accommodate from two to four burial spaces.

A burial space shall consist of a land area approximately three (3) feet wide and ten (10) feet in length.

 

Section 3: Sale of lots or burial spaces

A.     Hereafter, cemetery lots or burial spaces shall be sold 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 Berlin Township Clerk, however, is hereby granted to 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 relationship to persons interred therein.  These sales shall be considered non-resident purchases, and purchaser will be charged the appropriate fee stipulated by this ordinance.

 

B.     All purchases made for burial spaces shall be made through the cemetery sexton, and purchasers will be issued a receipt which grants them a right of burial only and does not convey any other title to the lot or burial space sold.  Purchaser will have a right to request a Cemetery Lot Certificate which is a form approved by the Berlin Township board, and is issued by the Clerk’s office upon request and with a copy of his or her receipt.

 

C.     Burial rights may only be transferred to those persons eligible to be original purchasers of cemetery lots or burial spaces within the township and may be effected only by endorsement by the Berlin Township Clerk.  Transfer will require completion and endorsement by owner on the reverse side of the Cemetery Lot Certificate and acceptance and record by the clerk or, in the absence of a Cemetery Lot Certificate, owner may present the clerk with a notarized letter to be used as proof of ownership.  Upon such a reassignment of ownership, new owner may request that a new Cemetery Lot Certificate be issued by the Clerk’s office.

 

Section 4: Purchase price and transfer fees

A.     Each burial space shall cost the sum of $200 for residents and $500 for non-residents.  These charges are subject to re-determination from time to time by resolution of the township board.

 

B.     Any transfer of one or more burial spaces from an original purchaser to a qualified assignee shall cost $10 and will cover proper recording of transfer.

 

C.     The foregoing charges shall be paid to Berlin Township and will be deposited into the general fund.

 

Section 5: Grave opening charges

A.     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 of $125 for interment of ashes and $375 for interment of a vault.  These charges are subject to re-determination from time to time by resolution of the township board.  These charges shall be paid to Berlin Township and will be deposited into the general fund.

 

B.     No burial spaces shall be opened and/or closed 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 or, in legal matters, by court order.

 

Section 6: Markers or memorials

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

 

B.     Only one monument, marker, or memorial shall be permitted per burial space with the exception of Veteran’s memorials placed by the sexton.

 

C.     Any large upright monuments must be located upon a suitable foundation to maintain the same in an erect position.

 

D.     The footing or foundation upon which any monument, marker, or memorial rests must be constructed by the township or its representatives at a cost to the owner of the burial right.

 

Section 7:  Interment regulations

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

 

B.     Only one vault may be buried in a burial space and up to one additional container of cremains may be buried on top of such vault.

 

C.     Up to two containers of cremains may be interred in any burial space where no other remains are buried.

 

D.     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 or the sexton shall be satisfied by his/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.

 

E.      All graves shall be located in an orderly and neat appearing manner within the confines of the burial space involved.

 

Section 8: Ground maintenance

A.     No grading, leveling, or excavating upon burial spaces shall be allowed without the permission of the cemetery sexton.  Mounds which hinder the free use of a lawn mower or other gardening apparatus are prohibited.

 

B.     Surfaces other than earth or sod are prohibited.

 

C.     No shrubs, trees, or vegetation of any kind (except flowers) shall be planted without the approval of the cemetery sexton.  Any of the foregoing items planted without such approval may be removed by the township or cemetery sexton.  All flowers planted shall be within a maximum of 8” of the base of the headstone for mowing purposes.

 

D.     The cemetery sexton shall have the right and authority to remove and dispose of any and all growth, emblems, displays, or containers therefore that through decay, deterioration, damage, or otherwise become unsightly, a source of litter or a maintenance problem.  Removal of any or all wintertime decorations will be taken care of by the sexton no sooner than April 1^st each year.

 

E.      All refuse of any kind or nature including, among others, dried flowers, wreaths, papers, and flower containers must be removed or deposited in containers located within the cemetery.

 

 

Section 9: Re-purchase of lots or burial spaces

Berlin Township will re-purchase any cemetery lots or burial spaces from the owner for the original price paid the township upon written request of said owner or his/her legal heirs or representatives.

 

Section 10: Records

The Township Clerk shall maintain records concerning all burials and issuance of burial permits separate and apart from any other records of the township and the same shall be open to public inspection at all reasonable business hours.

 

Section 11: Cemetery hours

A.     The Berlin Township cemeteries shall be open to the general public from sun-up to sun-down each day all year long.

 

B.     No person shall be permitted in the township cemeteries at any other time except upon permission of the township board or the cemetery sexton.

 

C.     No person under the age of 16 shall be permitted on cemetery grounds unless accompanied by an adult without approval from the township board or the cemetery sexton.

 

Section 12: 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 $500 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 13: 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 14: Effective date

This ordinance shall take effect on May 18, 2001.  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

 

***THERE IS AN AMMENDMENT TO THIS DOCUMENT THAT WAS APPROVED AT THE BERLIN TOWNSHIP BOARD MEETING ON 5/12/2003. **