Vestal Park & Cemetery Association, Inc. Rules and Regulations
The Vestal Park & Cemetery Association (VPCA), incorporated in 1954, is operated under the provisions of Article 15 of the New York State Not-For-Profit Corporation Law. We are a non-sectarian cemetery serving people of all faiths.
When you purchase a lot, single grave, or niche and plan for your memorial needs, you are purchasing the right of interment in that space. A percentage of the purchase price goes into our Permanent Maintenance Fund, which will ensure the cemetery is properly maintained. All property belonging to the VPCA is under the care and control of the Board of Directors who shall regulate the sales and prices of lots and niches therein, and make such Rules and Regulations for the Cemetery as they deem proper, consistent with New York State law.
The date of the annual meeting of the VPCA Board of Directors, held in November, is advertised in a locally designated newspaper. Owners of interment rights are invited to attend and participate in these meetings.
New York State Cemetery Board approved cemetery disclosure forms can be found at:
https://dos.ny.gov/cemetery-disclosures-and-information
Definitions
Cemetery - Refers to the property of the Vestal Park & Cemetery Association, Inc. (VPCA)
Columbarium - A structure with niches to hold urns containing the cremated remains of a deceased person.
Cornerstone - The means used by the cemetery to define and locate the corners of a lot or grave.
Indenture - The original document issued to an individual showing location of grave or niche and granting the right of interment. It does not convey ownership of land or niche to which it refers.
Interment - The permanent disposition of the remains of a deceased person by burial or by the inurnment of cremated remains.
Inurnment - The placement of the urn in a niche or grave.
Grave - A space of sufficient size to accommodate one or more interments.
Lot - Numbered divisions as shown on the record plat which consist of one or more graves or niches.
Marker - A tablet, plaque or other memorial flush with the ground.
Mausoleum - An above ground vault or crypt.
Memorial - A monument, marker, tablet or tombstone.
Monument -. A tombstone or memorial of granite, marble or other stone that extends above the surface of the ground.
Niche - A space in a columbarium to hold one or two urns.
Owner - The person who purchased the right of interment in a lot or niche.
Permanent Maintenance Fund - A trust fund derived from the sale of interment rights for graves and niches. Income from this fund is expended for the care and general maintenance of the cemetery.
Urn - A container to hold cremated remains.
Vault - The outer container, meeting industry standards, in which the casket or urn is placed.
Vestal Park & Cemetery Association, Inc. - Shall be known as the VPCA in this document.
General Rules and Regulations
Interment rights in the VPCA are sold in accordance with the provisions of the Laws of the State of New York and those rights shall not be used for any other purpose.
The transfer of ownership of any lot, single grave or niche shall be made only on forms approved by the VPCA and in accordance with the New York State Not-For-Profit Corporation Law and the regulations of the New York State Cemetery Board. No transfer or assignment of ownership of any interest in any lot, single grave or niche shall be valid without being approved and recorded in the VPCA records.
The full purchase price of the grave or niche must be paid prior to the issuance of an indenture.
The VPCA does not allow the planting of shrubs and trees and, upon due notice to the lot owner, reserves the right to remove any shrub or tree deemed dangerous to the public, unsightly or uncared for, or where the roots of the shrubs or trees may become dangerous to the bases of any monument.
These objects are not permitted in the cemetery: shepherd’s hooks, garden flags, glass containers, solar lights, bird houses or bird feeders.
No private vault, columbarium, or mausoleum shall be built above ground without the permission of the Board of Directors and then only in such location as the Board approves.
No private mausoleum will be approved for construction by the Board of Directors unless a sufficient endowment is set up to provide adequate income to maintain the structure.
Heavy trucking or other vehicular traffic shall be refused entrance to the Cemetery when in the opinion of the Cemetery Manager, injury to the roads and driveways might result.
The Cemetery assumes no liability for the safekeeping of any monument, adornment, or niche door unless the damage is the result of some negligent act by a Cemetery employee.
The Cemetery does not permit the scattering of cremated remains within the Cemetery.
These Rules and Regulations may be amended by the Board of Directors of said VPCA, but no such amendments shall be effective until approved by the New York State Cemetery Board.
Lot and Niche Guide
Purchasers of the right of interment in lots or niches in the VPCA will have the lot or niche they purchased secured to them and their families and heirs, for a burial place forever; and for the burial of such other persons as they may choose to admit; provided such admissions are free of charge and without compensation, having first obtained the consent of the Board of Directors or their assigns.
All ground planted or potted flowers, live or artificial must be set at the head of the grave or lot and within 18 inches of the front of the monument or marker. The planting of trees and bushes is not permitted. The planting of perennials that will spread to exceed the 18” depth in front of the grave marker or the width of the grave are not permitted. Plantings are not allowed in the in- ground cremains burial area.
Raising the established level of the grave; outlining the grave with bricks or other types of materials; removing grass; adding stones, bricks chips, marble chips or bark mulch beyond 18” in front of the grave stone is not permitted.
All persons shall be allowed access to the cemetery from dawn to dusk, observing the rules that are in effect.
If visiting the cemetery with a dog, it is the owner’s responsibility to keep the dog on a leash at all times, to curb the dog, and to properly dispose of animal waste in the receptacles provided.
All lot and niche owners are required to notify the Cemetery of any change in address. Any notice required to be sent by the Cemetery shall be sent to the last recorded address.
Care of Lots
The Annual Cemetery Clean-up will take place from the first Monday in May through the first Saturday in May. All non-conforming items as well as wreaths, pots, artificial flowers, etc. will be removed at that time. Owners should remove any reusable items prior to the first Monday in May.
The VPCA reserves the right to remove, after due notice to the lot owner, or heirs if known, any monument, effigy or inscription which, in the opinion of the majority of the Directors, is unsightly, inappropriate, or dangerous.
The VPCA reserves the right to remove all flowers, wreaths, or other decoration from lots as soon as they become unsightly. The VPCA assumes no responsibility once an item has been removed.
The general care of the VPCA is assumed by the Board of Directors or assigns and includes the cutting of the grass at reasonable intervals, the cleaning of grounds, and the maintenance of trees or shrubs placed by the cemetery.
The general care assumed by the VPCA shall in no case mean the maintenance, repair, or replacement of any memorial, gravestone, private vault, columbarium, or mausoleum placed or erected upon lots; nor the performance of any special or unusual work in the Cemetery. Nor does it mean the reconstruction of any marble or granite work on any plot or any portion or portions thereof in the Cemetery, caused by the elements, an act of God, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, whether the damage be direct or collateral, other than as herein provided.
Interments
VPCA does not conduct interments on Sunday or Federal Holidays.
Interments must begin no later than 2:30 p.m. Saturday interments must begin no later than noon.
All funerals, processions and vehicles will be under the control of the Cemetery Manager while in the Cemetery.
Cemeteries in New York State are required to perform interments on a six-day basis throughout the year. Grave or niche openings and interments made on Saturday will be subject to an additional charge per the current fee schedule.
The VPCA reserves the right to postpone interments or other business in the event of severe weather conditions (deep snow or frost) until weather permits.
In order to maintain a high standard of care and to eliminate sunken graves caused by the collapse of wooden boxes, coffins, and urns, it is required that all burials other than infant burials, must be made in outside containers or vaults meeting the industry standards for such containers. This rule does not apply to owners of lots purchased prior to January 1, 1985 because the State Cemetery Board regulations did not permit Cemeteries to require outside containers or vaults prior to this date.
Arrangements for the payment of any and all indebtedness due to the Cemetery must be made prior to interment.
All burials shall be under the supervision of the Board of Directors and their assigns.
The number of interments in one traditional lot is limited to: A - 1 full burial and 2 cremains (with the vault the first interment), or B - 3 cremains.
The number of interments in an in-ground cremains lot is limited to 2.
The number of interments in a columbarium niche is limited to 2.
VPCA does not permit the scattering or commingling of cremated remains on a lot or grave.
Cremains Common Area
In-Ground Interment
Burial grave sites are 3 ft. by 3 ft. plus a 1 ft. by 3 ft. concrete foundation provided by the VPCA.
Two (2) cremains may be interred in each burial site.
Plantings are not allowed in the in-ground cremains burial area.
Plants, fresh flowers, or artificial flowers may be placed on the monument foundation in a container no larger than 6 inches in diameter.
A grave monument, granite or marble, slant face with sawn or polished surfaces may be placed on the 1 ft. by 3 ft. concrete foundation. The monument shall be centered on the 1 ft. by 3 ft. area. This monument must be 10 inches deep by 24 inches wide by 16 inches high. No other size or type of monument will be allowed.
If a veteran’s memorial plaque is to be used, it must be standard 8 inches by 10 inches bronze plaque provided by the U.S. Veterans organization. It shall be placed on the monument face in lieu of carving the veterans name on the monument.
In-ground interment of cremains may be placed in a vault no larger than 14” wide by 22” long by 14” high. The maximum size of a cremains container shall not exceed 8” by 8” by 8” if a vault is not used.
Columbarium Interment
All cremains must be contained in a sealed vessel or urn approved by the VPCA.
Each niche is 12” wide, 13” high and 14” deep and can contain two urns. Each niche opening is 11.5” wide and 12.5” high. It is the responsibility of the owner to ensure the urns are of the appropriate size to fit in the niche.
Opening and closing of columbarium niches may only be performed by representatives of the VPCA.
Niche engravings conform to a uniform style and are arranged for by the VPCA with an approved contractor.
No other adornment or memorialization of any kind can be affixed to the niche door.
A single, temporary, floral arrangement no larger than 12” x 12” may be placed on the ground near the columbarium for a period of 7 days after interment.
Monuments
All foundations for monuments shall be of an approved sand, gravel and cement mixture. The width and length of the foundation shall be 2 inches wider on all sides than the base of the monument or head stone, and the base must be flush with the ground. All foundation construction must be under the direction of the VPCA or their assigns.
Only one monument shall be allowed on a grave and it shall be set in accordance with the general plan of the Cemetery and shall conform with said plan in size and material.
All bases, monuments, or markers must be set at the head of the grave or lot, parallel with the lot line but not protruding over the lot line with total height of bases and monuments not to exceed 36 inches. The bases of all monuments shall be finished true and level so as to fit on foundations without wedging or spalls.
A flat or flush marker may be added to a grave with an existing monument.
No monument will be allowed to be delivered to the Cemetery until the foundation is installed and ready to receive the monument.
All monuments or markers must be constructed of granite, marble, or material approved by the VPCA.
The VPCA assumes no responsibility for the safekeeping of any monument, memorial headstone or marker and no liability exists unless the damage is the result of some negligent act by a Cemetery employee.
A portion of Section E-1 has been set aside for infant burials. Only a flat or flush style marker no larger than 20” wide may be placed on graves in these lots.
Appendix
The VPCA operates under the “Not for Profit Corporation Laws” of the State of New York. The following information is taken from a booklet interpreting these laws, entitled “Cemetery Information Booklet,” and prepared by New York State Department of State, Division of Cemeteries.
Enforcement of Rules
The Management is hereby empowered to enforce all Rules and Regulations and to exclude from the Cemetery any person violating the same.
Resale by Lot Owner
Lot owners may dispose of their burial rights under certain conditions. If the lot has not been used for burials, the lot must first be offered to the cemetery corporation at the original price, plus simple interest of four percent (4%) per year. If the cemetery refuses, in writing, to repurchase it, the lot may be offered to an outside buyer. However, cemetery property may not be sold to funeral directors, or brokers for the purpose of resale. The Cemetery Board must be notified of transfer of burial rights.
If an owner shall purchase an interment niche or lot of equal or greater value from the Cemetery, the original fee for their niche or lot will be allowed in partial payment, less the cost of replacing an engraved niche door.
Heirship Rights and Gifts
Burial rights obtained through inheritance should be recorded with the cemetery by the heir filing an affidavit of heirship with the corporation. Section 1515 (b) of the Not-For-Profit Corporation Law, regarding ownership of lots, states that unless specifically devised (i.e., the lot is specifically mentioned in will and left to a specific person or persons) the cemetery lot goes to the descendants of the lot owner. A transfer of burial rights by gift also requires that satisfactory evidence be submitted to the Cemetery Board, in affidavit form, to establish that a gift has, in fact been made.
Vandalism
All types of cemeteries in New York State have experienced instances of this problem, particularly in the last decade or two. Cemetery management has taken a variety of steps to deal with vandalism, including increased security through the efforts of the local police department and utilizing improvements in monument design and attachment. A new form of protection may now be available to lot owners who experience monument vandalism: many homeowner insurance policies cover a portion of repair costs.