Chesterfield Charter Township, MI
Macomb County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Administration — See Ch. 2.
[Ord. No. 95, § 2, 9-7-1993]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADULT BURIAL SPACE
A grave site four feet wide and 10 feet in length.
CEMETERY LOT
Burial spaces sufficient to accommodate from one to six graves.
CREMATION SITE
A designated area reserved for the burial of cremation ashes.
INFANT OR STILLBORN BURIAL SPACE
A grave site three feet wide and 3 1/2 feet in length within a cemetery set aside specifically for such burials.
[Ord. No. 95, § 3, 9-7-1993]
(a) 
Cemetery lots, burial spaces and cremation sites shall be sold only to residents or taxpayers of the township for the purpose of the burial of such purchaser and/or his 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 is granted authority to vary the restriction on sales where the purchaser discloses sufficient personal reasons for burial within the township through previous residence in the township or relationships to persons interred therein.
(b) 
All 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 property interest to the lot or burial space sold. Such form shall be executed by the township clerk.
(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 of an assignment of such burial permit upon the original burial permit form issued by the township board, and entered upon the official records of the clerk. Upon such assignment, approval and record, the clerk shall issue a new burial permit to the assignee and shall cancel and terminate the original permit thus assigned.
[Ord. No. 95, § 4, 9-7-1993; Ord. No. 95-01, § 1, eff. 12-3-1998]
(a) 
The cost of the following shall be as set by resolution of the township board from time to time:
(1) 
The purchase price of an adult burial space shall be $500;
(2) 
The purchase price of a burial space for infants or stillbirths shall be $350;
(3) 
Any transfer of burial space from an original purchaser to a qualified assignee shall require a payment of a transfer fee.
(b) 
All sums shall be paid to the township treasurer and be deposited in the cemetery fund for the particular cemetery involved in the sale or transfer.
(c) 
The township board may by resolution alter the fees as set forth in subsection (a) of this section to adjust for increased costs and reserves for cemetery maintenance.
[Ord. No. 95, § 5, 9-7-1993]
(a) 
A fee for the opening and closing of any burial space, including the interment of ashes, shall be in an amount to be determined by resolution of the township board.
(b) 
No burial spaces shall be opened and closed except under the direction and control of the cemetery sexton. This section shall not apply to proceedings for the removal and reinterment of bodies and remains, which shall be under the direct supervision and cost of the county health department.
[Ord. No. 95, § 6, 9-7-1993; Ord. No. 95-01, § 1, 12-3-1998]
(a) 
All markers or memorials shall be of stone or other equally durable compositions.
(b) 
Any large upright monuments shall be located upon a suitable foundation to maintain the monuments in an erect position.
(c) 
Only one monument, marker or memorial shall be permitted for each burial space.
(d) 
The footing or foundation upon which any monument, marker or memorial is to be placed shall be constructed by the township at cost to the owner of the burial right.
(e) 
All markers shall stay placed where the cemetery sexton or township clerk designates. No other persons shall have the authority to designate a location or move a marker.
[Ord. No. 95, § 7, 9-7-1993]
(a) 
Only one person may be buried in a burial space except for a parent and infant or two children buried simultaneously.
(b) 
Not less than a twenty-four-hour notice shall be given the township prior to the required opening of the burial spaces.
(c) 
The permit for the burial space involved, together with identification of the person to be buried in such space, 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 records that the person to be buried in the burial space satisfies the requirements of section 26-2 and before any interment is commenced.
(d) 
All graves shall be located in an orderly and neat appearing manner within the confines of the burial spaces involved.
(e) 
All burials shall be within a standard concrete vault installed or constructed in each burial space before interment.
[Ord. No. 95, § 8, 9-7-1993]
(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 flowers, shrubs, trees or vegetation of any type shall be planted without the approval of the cemetery sexton or the township clerk. Any of such items planted without approval of the cemetery sexton or the township clerk may be removed by the township.
(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 use of the cemetery.
(d) 
Mounds which hinder the free use of a lawnmower 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 which 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.
(g) 
All refuse of any kind or nature, including by way of example and not limitation dried flowers, wreaths, papers and flower containers, must be removed or deposited in containers located within the cemetery.
[Ord. No. 95, § 9, 9-7-1993]
Cemetery lots or burial spaces sold after October 1, 1993, and remaining vacant 40 years from the date of sale shall revert to the township upon occurrence of the following:
(1) 
Notice shall be sent by the township clerk by first class mail to the last known address of the owner of record informing him of the expiration of the forty-year period and that all rights with respect to those lots or spaces will be forfeited if he does not indicate his desire to retain burial rights in writing to the township clerk within 60 days from the date of mailing of the notice.
(2) 
No written response to the notice indicating a desire to retain the cemetery lots or burial spaces in question is received by the township clerk.
[Ord. No. 95, § 10, 9-7-1993]
The township will repurchase any cemetery lot or burial space from the owner for the original price paid the township upon written request of the owner or his legal heirs or representatives.
[Ord. No. 95, § 11, 9-7-1993]
The township clerk shall maintain records concerning all burials, issuance of burial permits, and any perpetual care fund, separate and apart from any other records of the township and such records shall be open to public inspection at all reasonable business hours.
[Ord. No. 95, § 12, 9-7-1993]
(a) 
The cemetery shall be open to the general public from dawn to dusk of each day.
(b) 
No person shall be permitted in the township cemeteries at any time other than the hours noted in subsection (a) of this section, except upon permission of the township board or the sexton of the cemetery.
[Ord. No. 95, § 13, 9-7-1993]
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to punishment as provided in section 1-11. Any criminal prosecutions under this chapter shall not prevent civil proceedings for abatement and termination of the activity complained of.