RULES & REGULATIONS

Adopted September 18, 2012

Cemetery of the Highlands, Inc. operates under the provisions of Article 15 of the New York State Not-For-Profit Corporation Law. We are not-for-profit and non-sectarian, 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 that the cemetery is soundly operated and will maintain its function as a natural sanctuary for the memories of our loved ones and for our own heritage. The Certificate of Ownership to your plot or niche is an important document that should be kept accessible for easy reference. We hope that you will familiarize yourself with the Rules & Regulations as they apply to your purchase.

A. INTERMENT

  • All grave sites sold are held subject to the laws of the State of New York, the regulations of the New York State Division of Cemeteries and the rules and regulations of the Cemetery of the Highlands, Inc. No grave shall be used for purposes other than as a place of burial for the dead.
  • The official records of all lot owners shall be maintained by Cemetery of the Highlands, Inc. at its designated office where each lot owner shall be registered by name and address. It shall be the responsibility of each lot owner to inform the Cemetery of the Highlands, Inc. as to any changes of mailing address. Notices sent to any lot owner at the last registered address on file shall be considered sufficient and proper legal notification.
  • The transfer of ownership of any lot, single grave or niche shall be made only on forms approved by the Cemetery of the Highlands, Inc. 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 on the books of the Cemetery of the Highlands, Inc.
  • In any single burial space, where allowed or permitted due to conditions, only one (1) full casket interment and one (1) interment of cremated remains or three (3) interments of cremated remains are allowed. Cemetery of the Highlands, Inc. may limit the number of interments per space if room for memorialization is not available for the person to be interred.
  • Scattering or commingling of cremated remains on a lot or grave is strictly prohibited. Cemetery of the Highlands, Inc. may designate special areas for the scattering or commingling of cremated remains, as approved by the New York State Cemetery Board.
  • Concrete vaults or concrete grave liners will be required for interments in all graves purchased on or after June 1, 1999, in accordance with the provisions of New York State Cemetery Board Directive 201.6.
  • The interment of cremated remains will be permitted only in appropriate receptacles such as metal, plastic or concrete.
  • Grave site owners shall not allow interments to be made in their grave site(s) for remuneration, nor shall any transfer or assignment of any new grave site(s), or any interest therein, be valid without the prior written consent of the Board of Trustees and such consent endorsed upon such transfer or assignment.

B. DISINTERMENT

  • Disinterment may be made upon written request to the Cemetery of the Highlands, Inc. and duly consented to by all of the lot owners of the burial property, the surviving wife, husband, children of legal age, and the parents of the deceased. If the consent of all of these parties cannot be obtained, application may be made to the New York State Supreme Court, Orange County. The Cemetery of the Highlands, Inc., or its agent, must conduct all disinterments. A Board of Health burial/transit permit is required for all disinterments leaving the Cemetery of the Highlands, Inc. The services of a licensed funeral director will be required if the remains are to be transferred out of the Cemetery of the Highlands, Inc.

C. MEMORIALIZATION

  • The owner(s) of each grave site(s) will have the right to erect any stone, monument, sepulchral or other memorial structure thereon. Headstones shall not exceed four feet in height and must be placed on a solid concrete foundation, installed by the Cemetery of the Highlands, Inc. or its agents. All monuments shall be no larger than eighty percent (80%) of the width of the lot, unless approved in writing by the Cemetery of the Highlands, Inc.
  • No vault shall be built entirely or partly above ground without prior written permission from the Cemetery of the Highlands, Inc. All monuments or parts of vaults above ground shall be of marble, granite, or other cut stone. Flat grave markers, including veteran’s grave markers, must be placed on a concrete foundation so constructed that the surface of such marker will remain flush with the ground. Flat markers will be allowed above ground if they are placed on a cut stone base at least 6 inches thick. Any monuments, stones or markers installed in the cemetery in Section: O-West, S, T, U and any future new sections must be inscribed with the section, plot/row, and grave number in the bottom right hand corner on the back of said monument, stone or marker. Plans for the erection of a mausoleum or sarcophagus will not be approved until satisfactory provisions have been made for the endowed care of the structure. The amount of the endowment will be determined by the Cemetery and will be based on the size and design of the building.
  • A “Foundation/Memorialization Application” form, accompanied by a sketch, showing the design and plan of the work and shall show sizes, kind of material, inscriptions and location of proposed memorial on the lot must be submitted to the Cemetery of the Highlands, Inc. for approval. If, in the opinion of the Cemetery of the Highlands, Inc., any of the specifications of a monument do not conform to the approved standards, the plan will not be approved.
  • Any monuments to be cut with additional memorialization information must be submitted with a “Lettering Permit” and fee prior to the scheduling of such work by an authorized monument dealer. A “Memorialization without Interment” fee will be applied to all permits submitted on behalf of deceased persons not interred in the cemetery.
  • All stones, monuments, sepulchral, mausoleums, statues or any other above ground fixed memorial, or descriptions to be placed in or upon any grave site(s), shall be clearly spiritual and reverent and conform generally to the existing memorials in the cemetery. The Cemetery of the Highlands, Inc. shall have the absolute right to remove any inscription which in the opinion of the Board is not reverent, spiritual, or is offensive in any way to the owner(s) of grave site(s) in the cemetery, their families, friends and other visitors.
  • No monument or grave marker will be permitted on a grave site(s), where the purchase price of such grave site(s) has not been fully paid. The Cemetery of the Highlands, Inc. will permit the monument or marker to be erected only after the purchase price of such grave site(s) has been paid in full.
  • When a monument, stone or marker has been placed on a grave site, should the monument, stone or marker have to be moved in order for a burial to be made, the owner of the grave site shall assume all liability for any damage done to such monument, stone or marker. The Cemetery of the Highlands, Inc. will make every reasonable effort to obtain the services of qualified persons and urge that they use due care in moving such monument, stone or marker, but the Trustees assume no responsibility for any damage done by the removing and resetting of such monument, stone or marker.
  • No trees or shrubs may be planted by the plot owner. Planting of flowers will be allowed along the base of a monument in a cut out bed not to exceed 10 inches from the base of the stone. Artificial flowers or floral pieces are not encouraged. Chairs, benches, copings or enclosures of any kind, and glass vases or jars of any sort, are not allowed and will be removed and stored for 30 days by the cemetery without notice. Seasonal decorations are permitted but shall be removed by the grave site owners within 30 days thereafter or sooner if the Cemetery of the Highlands, Inc. deems them to be unsightly. Should grave site owners fail to do so; the cemetery will remove the decorations and bill the owners of the grave sites for the cost of such removal.
  • All trees or shrubs in the cemetery, the roots or branches of which go into or interfere with the use and quiet enjoyment of one or more grave sites shall be removed by the Cemetery of the Highlands, Inc. or a duly authorized representative thereof, who have the right to enter upon the grave site(s) affected and remove such trees or shrubs or any part thereof as determined to be damaging to one or more grave sites or interferes with the maintenance or use of other grave sites, after due notice to the lot owner. (New York State Cemetery Law Manual - 1510 (G))
  • Stones, markers or monuments of any kind, size or description, bearing a monument dealers logo, decal or inscription of any kind or nature, are strictly prohibited in the cemetery.

D. GENERAL REGULATIONS

  • The Cemetery of the Highlands, Inc. reserves and shall have the right to correct any errors that may be made by it in inscriptions, transfer, or conveyance and may substitute and convey in lieu thereof other interment rights of equal value and similar locations as far as possible, or as may be selected by the cemetery or, in the sole discretion of the cemetery, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the cemetery reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof at the expense of the cemetery and with consent of the family.
  • No sign indicating that any grave site, vault or other receptacle for the dead is for sale will be permitted in the cemetery.
  • The Cemetery of the Highlands, Inc. from time to time may lay out or alter the avenues or walks and make such rules and regulations for the care of the grounds as they may deem requisite and proper, to secure and promote the general welfare of the cemetery.
  • The owner(s) of grave site(s) and their families will be allowed access to the grounds only during hours of daylight. Persons found within the cemetery grounds during hours of darkness will be arrested and prosecuted as trespassers.
  • The right to burial in any grave site will be denied for the following reasons:
    -Failure to pay for such grave site(s) in full.
    -Failure to pay grave opening fees.
  • No person shall drive any vehicle into or on the cemetery property except on a road maintained by the cemetery for this purpose. Cemetery roads may not be maintained during the winter season, dependent on weather conditions. No unlicensed recreational vehicles are permitted at any time.
  • No alcoholic beverages shall be possessed, consumed or placed in the cemetery.
  • Cemetery of the Highlands, Inc. assumes no responsibility for anything placed on a grave, lot or niche that may be removed, lost or stolen.
  • Pets of any kind are strictly prohibited on cemetery grounds at any time.