DEFINITIONS

AT-NEED SECTION – a section or an area of a section that is not available for pre-need selection of a grave. The locations for an interment in an at-need section is at the sole discretion of the Cemetery.

BURIAL – is the in-ground disposition of human or cremated remains.

CEMETERY – shall mean Englewood Cemetery Association doing business as Brookside Cemetery, its authorized representatives and employees, as well as its real and personal property.

DEED – shall mean the document of conveyance issued by the Cemetery to the purchaser which evidences the purchaser’s ownership of an interment space, except in the case of a non-title grave.

DISINTERMENT – the removal from an interment space of human or cremated remains.

GRAVE – shall mean an area of ground plotted on cemetery maps used for the burial of human or cremated remains.

INTERMENT – is the disposition of human remains by burial of human or cremated remains in the ground.

INTERMENT SPACE – shall mean a grave.

MEMORIAL – shall be defined as a grave marker, monument, sarcophagus, ledger, private mausoleum or other private structure used for memorializing the dead.

NON-TITLE GRAVE – an interment space in which the family has no ownership rights. A deed will not be issued for the grave space. An Interment Certificate showing location will be forwarded to the funeral director for the family.

OWNER, LOT OWNER OR INTERMENT SPACE OWNER – is the person whose name appears as the owner on the records of the cemetery office.

VAULT – is a prefabricated outer burial case installed in the ground not to include a public mausoleum, lawn crypt or liner.

1.0 INTERMENT REGULATIONS

1.1 Road service is at the discretion of the Cemetery.

1.2 No interment shall be made unless the interment space owner provides the Cemetery with written consent for the interment, subject however to applicable New Jersey law governing the rights of interment. No interments shall be made on New Year’s Day, President’s Day, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas, and Sunday, or on any other day as determined by the Cemetery from time to time.

1.3 Twenty-four (24) hour notice is required on all interments.

1.4 To avoid a cancellation or postponement charge, notify the Cemetery four hours in advance of scheduled arrival time.

1.5 All transfers of deed or interment certificates will not be recognized unless registered at the Cemetery.

1.6 All reserved graves must be paid in full prior to an interment.

1.7 Maintenance and Preservation trust fund charges must be paid prior to interment in an interment space.

1.8 Cardboard caskets are not permitted.

1.9 All vaults must be placed by vault company at least one hour prior to scheduled interment.

1.10 All services required will be charged and are payable in advance of interment. Funerals arriving after 3:00 p.m., Monday through Friday, and at any time on Saturday, will be assessed an overtime charge.

1.11 Only individuals who have been authorized by and are under the direct supervision of the Cemetery shall perform interments.

1.12 Interments shall be made at a sufficient depth in a grave so as to conform with the applicable laws of New Jersey and in accordance with the depth restrictions of the section in which the grave is located. An interment shall be made within a single interment space unless otherwise allowed by the Cemetery. Closing of an interment space shall be performed at the discretion of the Cemetery under normal operating procedures. If prior arrangements have been made with the Cemetery and the requisite additional fee is paid in full, the Cemetery shall close the interment space with the family present as soon as reasonably possible following the funeral service.

1.13 If the Cemetery shall move any memorial necessary to perform an interment under normal operating procedures, it shall reinstall the memorial within a reasonable time and in its sole discretion may charge the interment space owner of the interment space on which the memorial is located the costs of moving and reinstalling the memorial.

1.14 If the interment space owner questions the accuracy of the location of an interment, the Cemetery shall agree to open the interment space for the purposes of verifying the accuracy of the interment location provided; however, the interment space owner shall first pay the Cemetery’s charges for the opening and sign an affidavit prepared by the Cemetery concerning the manner in which identification shall occur and containing release, hold harmless and indemnification provisions. Identification of the location shall be made by observation of the casket by the funeral director who provided the service.

1.15 No person shall photograph or videotape an interment, funeral service, memorial, or any portion of the cemetery grounds without prior written consent of the Cemetery and interment space owner. The Cemetery may photograph or videotape an interment, funeral service, memorial or any portion of the Cemetery without the consent of the interment space owner.

1.16 The Cemetery does not make and disclaims any warranty regarding the materials, equipment, supplies, or personal property supplied or used by any person in the performance of an interment, vault installation or memorial installation.

1.17 The Cemetery is not liable for any property damage, including damage to a casket and its contents, shrubs, plantings, grass, effigies, memorials, etc., or bodily injury sustained during the funeral service or interment from causes beyond its reasonable control. The Cemetery is not liable for the acts or omissions of any third party for any reason, including outside contractors.

1.18 When instructions regarding the location of an interment in a plot or lot cannot be obtained without undue delay or cannot be obtained at all, or where the instructions given with regard thereto are in the opinion of the Cemetery ambiguous, or when for any reason the interment space cannot be opened where specified, the Cemetery may in its discretion open it in such location in the plot or lot as it deems best and proper, so as not to delay the funeral, and the Cemetery, its agents, and employees shall not be liable for damages.

1.19 The Cemetery will not be responsible for any order given by telephone or for any mistake occurring from the lack of precise and proper instructions as to the particular space, size of casket, and location of plot, where interment is desired.

1.20 The Cemetery will accept New Jersey Welfare payment from the Department of Human Services for an opening of a grave only to inter the lot owner, if he/she has been the lot owner of record for a minimum of one year.

1.21 Outside cases in single graves must not exceed 7’6” in length and 34” in width. When the cases are larger than the above maximum dimensions, two graves must be used for the interment.

2.0 NON-TITLE INTERMENTS

2.1 Authorization for interment must be signed by the proper authority or next-of-kin and funeral director.

2.2 The funeral director must explain to the family the rules and regulations as stated on the Cemetery’s Non-Title Interment Authorization. Authorization cards must be signed by the next-of-kin in the Cemetery office.

2.3 Caskets shall be no wider that 30” and no higher than 20”. Cardboard caskets are not permitted.

2.4 The family does not have ownership in a Non-Title grave. A deed will not be issued for the grave space. An Interment Certificate showing location will be forwarded to the funeral director for the family.

2.5 Covering of the grave while the family is present is not available for Non-Title graveside services.

2.6 The Cemetery will wait six (6) months after the last interment before installing foundations.

2.7 Ornamentation is limited to potted plants and fresh or artificial flowers in a temporary vase. Permanent vases are available from the Cemetery. No plantings or any other objects are permitted on non-title graves.

3.0 DISINTERMENT REGULATIONS

3.1 Notarized authorization from lot or grave owner is required.

3.2 A disinterment permit from local Board of Health, a certified check for payment of disinterment, an affidavit signed by the lot owner and all family relatives authorizing disinterment which releases Cemetery from all liability arising out of said authorization, disinterment, removal and reinterment must be received prior to disinterment.

3.3 A funeral director is required to be present at disinterment.

3.4 Only the individuals who have been authorized by the Cemetery and are under the direct supervision of the Cemetery shall perform disinterments. If the interment space owner shall transfer ownership of the interment space after the disinterment to the Cemetery, the interment space owner shall be required to remove any memorials, shrubs, trees, and the like, at his own expense prior to the disinterment.

3.5 The Cemetery may refuse to perform the disinterment at any point if it will endanger the health and/or welfare of the Cemetery, its employees, or representatives or the public good at the discretion of the Cemetery.

3.6 Disinterments shall be performed at a date and time determined at the sole discretion of the Cemetery and as filed with the municipality.

3.7 If a disinterment is requested, an outside shipping container must be supplied to the Cemetery by the interment space owner if the human remains are not in a metal container or concrete vault. The interment space owner shall be responsible for the disposal of any outer vault or burial container. Except for cremated remains the transfer of any human remains from its original container shall be the responsibility of the funeral director.

3.8 If a disinterment requires the removal of a concrete or metal vault, the interment space owner shall arrange at his own expense to have a vault company assist the Cemetery in the disinterment.

3.9 No person except the interment space owner may witness a disinterment without prior written consent of the Cemetery.

3.10 Only the lot owner or someone authorized by the lot owner in writing may photograph a disinterment. However, no monument or portion of the cemetery grounds other that the property in which the disinterment is taking place may be photographed or videotaped without the written consent of the Cemetery.

3.11 The Cemetery does not make and disclaims, any warranty regarding the materials, equipment, supplies, or personal property supplied or used by any person in the performance of a disinterment, or memorial reinstallation, including embellishments.

3.12 The Cemetery is not liable for any property damage, including damage to a casket, vault, memorial, shrubs, plantings, grass, effigies, etc., or for bodily injury sustained during the disinterment from causes beyond its reasonable control. The Cemetery is not liable for the acts or omissions of any third party for any reason, including outside contractors. The Cemetery is not liable for damage to the contents of any casket or the adjacent lots from causes beyond its reasonable control. The Cemetery is not liable for mental anguish, shock, or intentional or negligent infliction of emotional distress arising out of the disinterment. The Cemetery may be required to reposition other caskets during the disinterment, and if it does so, it is not liable for damage to the repositioned casket or its contents from causes beyond its reasonable control.

3.13 For the disinterment of cremated remains, a certified check for payment, a release of liability and hold harmless agreement and written authorization from the interment space owner or one of the owners including authorization from the spouse and children of the decedent must be received prior to the disinterment.

4.0 NON-TITLE DISINTERMENT REGULATIONS

4.1 Notarized authorizations approved by the Cemetery and completed disinterment permits must be submitted as for all burials above the deceased in same grave.

4.2 Disinterment permits from the local Board of Health, certified check for payment of disinterment, signed affidavits from all authorizing family relatives releasing Cemetery from all liability arising out of said disinterments, removals and reinterments must be received prior to disinterment.

4.3 Outside shipping container for said disinterment and containers for burials above disinterment if necessary, must be supplied by Authorizing Agent or Next-of-Kin requesting disinterment.

4.4 Any foundations located on non-title gravesite must be replaced at current foundation charges.

5.0 OWNERS’ RIGHTS

5.1 The Cemetery shall issue a deed to the owner of an interment space only after full payment of the purchase price and all other charges have been made. The Cemetery may permit reasonable restrictions to be placed on the deed by the owner provided; however, the restrictions must be typed on the deed or attached to the deed by the Cemetery and the owner’s written request for the restrictions is made a permanent record. The deed shall not be recorded at the clerk’s office of Bergen County by anyone.

5.2 The ownership of an interment space, upon the death of the owner, shall pass pursuant to applicable law. An owner who succeeds to ownership by virtue of the death of the former owner shall deliver the deed to the Cemetery and the Cemetery shall issue a new deed to the new owner. The Cemetery shall not be obligated to issue the new deed until the prospective owner delivers a certified copy of the probated Last Will and Testament of the former owner, if one exists, Letters Testamentary or Administration issued by the applicable court having jurisdiction, and a completed heirship form acceptable to the Cemetery.

5.3 The Cemetery shall maintain ownership of all non-title interment spaces. An Interment Certificate shall be issued following interment and payment of all charges to the Cemetery.

5.4 No work such as installation of a foundation, sodding, and erection of a memorial, or inscription shall be performed or permitted by the Cemetery on any interment space until all Cemetery charges have been paid in full. Any work to be performed by outside contractors on or at an interment space must be authorized by the owner and the Cemetery office must be notified in writing prior to the work being performed.

5.5 The conveyance of an interment space in the Cemetery confers only the right of interment therein.

5.6 All lots shall be used only for the interment of human or cremated human remains.

5.7 The Cemetery disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.

5.8 The deed or certificate of conveyance is made subject to the Cemetery’s Rules and Regulations. Any verbal representations made by any employee or representative of the Cemetery which is inconsistent with these Rules and Regulations is not binding on the Cemetery.

5.9 It is the obligation of the lot owner or any person making payments to the Cemetery to notify the Cemetery of a change in his mailing address.

6.0 MAINTENANCE OF INTERMENT SPACES

6.1 All lot owners must pay Maintenance and Preservation charges calculated under, and required by state law, based on the Cemetery’s current prices for all graves for which Maintenance and Preservation fees were not previously paid before any current work will be performed on the grave. “Maintenance and preservation” means the care of the entire cemetery to the extent of the income of the Maintenance and Preservation Fund; it does not include providing specific care to individual interment spaces.

6.2 All lot owners must pay, in addition to all other charges, a perpetual care fee, at the time the interment space is purchased. This fee shall be set by the Cemetery. The Cemetery will provide for seeding, fertilizing and general maintenance of the interment space, as needed, in consideration for the payment of the perpetual care fee.

6.3 Any lot owner may make arrangements with the Cemetery for “special care” or “endowed care” for an interment space. This type of care constitutes care over and above perpetual care as described herein. The terms and cost of said care shall be determined by agreement between the lot owner and the Cemetery.

6.4 The owner of an interment space or his designated representative or contractor may perform his own maintenance of his interment space or spaces at his own expense, provided however, he must first obtain written consent from the Cemetery. If an independent contractor is retained to perform the work, the contractor must first present a Certificate of Insurance for liability, which is acceptable to the Cemetery. An owner who is given written permission to perform his own maintenance must remove and discard all debris resulting from the work at his own expense.

6.5 Plantings and adornments which do not exceed the height of the monument or marker within one foot of the base or face of the monument or marker shall be permitted. The Cemetery shall not be responsible for damage done by any person to the plantings and adornments. The Cemetery shall not be responsible to maintain or preserve the planting. If the plantings are not maintained or are unsightly, the Cemetery shall remove the plantings at the expense of the interment space owner.

6.6 Fences or enclosures are not permitted in any section of the Cemetery.

6.7 Flowers may be placed on the interment space in conjunction with the funeral service and will be removed within one week of their placement.

6.8 No glass containers or grave flags are permitted in the Cemetery. Vigil lights shall be permitted. The Cemetery shall not be responsible for damage to or removal of vigil lights.

6.9 Exceptions to the foregoing regulations are as follows:
Palm Sunday: Palms shall be permitted.
Easter, Mother’s Day, Memorial Day and Father’s Day: potted plants are permitted.
Christmas: Christmas blankets are permitted.
Memorial Day: Grave flags are permitted only at the head of the interment space and can be no higher than three feet.

6.10 For the purpose of performing work in any part of the Cemetery or lot, or part thereof, or on any grave or crypt including, but not limited to, making excavations for any purpose, the Cemetery reserves the right to enter upon and temporarily use any adjoining plot, lot, grave, including but not limited to the right to place thereon such tools, derricks and/or materials as may be necessary to perform said work.

6.11 No grave mounds are permitted.

7.0 GENERAL PROVISIONS

7.1 Only persons having Cemetery business or visitors shall be permitted in the Cemetery. Persons under the age of 18 must be accompanied by an adult. All other persons shall be considered trespassers. Trespassers shall be prosecuted by the Cemetery. Visitation hours shall be as follows:

Cemetery: 8:00 a.m. to 5:00 p.m. daily
Business Offices: Monday through Friday: 8:00 a.m. to 5 p.m.
Saturday: 8:00 p.m. to 12:30 p.m.
Office closed on Sunday

7.2 The Cemetery, in its sole discretion, shall have the right to prohibit the possession or consumption of any food or beverage in the Cemetery whenever such possession or consumption shall constitute a health hazard, a nuisance, or a detriment to the operation of the Cemetery.

7.3 The Cemetery has the right to prohibit any conduct, which in the discretion of the Cemetery, is adverse to or inconsistent with the operation and purpose of the Cemetery. Such conduct which is prohibited includes, but is not limited to, the following: open fires, barbecuing, burning of materials, the possession and use of weapons, and the consumption of any alcoholic beverage.

7.4 The speed limit for all vehicles using the Cemetery shall be 15 miles per hour. Only vehicles registered in accordance with applicable laws shall be permitted in the Cemetery. All vehicles shall be operated in accordance with the laws of New Jersey. Parking of vehicles shall occur only in designated parking areas or in such manner, which shall not impede the free flow of traffic.

7.5 No pets or bicycles are permitted in the Cemetery.

7.6 The solicitation in the Cemetery of sales of any item or thing is prohibited.

7.7 The Cemetery is not liable for stolen or damaged personal property.

7.8 The funeral director shall maintain order in the Cemetery during funeral services. The funeral director shall provide all information requested by the Cemetery relating to interment, disinterment, heirship and authorization. The funeral director shall act as a liaison between the lot owner, person in charge of the interment or disinterment, and the Cemetery, and as such, shall be considered as the agent of the lot owner or authorized person at all times.

7.9 The Board of Trustees reserves the right to change or amend these Rules and Regulations at any time and such changes shall be binding upon all lot owners without formal notice of such change or amendment.

7.10 If flowers purchased from, and placed by the Cemetery, are reported missing within 10 days of their placement, they will be replaced by the Cemetery.

7.11 If a Funeral Home is indebted to the Cemetery, the Cemetery has the right to refuse performing any burials handled by that Funeral Home until the debts are paid.

7.12 If the family pays the Cemetery directly for an at-need grave, or opening charge, the Cemetery will only accept a certified check, money order or bank check.

7.13 The Cemetery reserves, and shall have, the right to correct any errors that may be made by it either in making interment, disinterments or removals, or in the description, transfer or conveyance of any interment space, either by canceling such conveyance and substituting and conveying in lieu thereof another interment space of equal value as 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 the error shall involve the interment of the remains of any person in such space, the Cemetery reserves, and shall have, the right to remove and reinter the remains to such other property of equal value as may be substituted and conveyed in lieu thereof.

8.0 MEMORIALIZATION REGULATION

8.1 A memorial shall be defined as a grave marker, monument, sarcophagus, ledger, private mausoleum or other private structure used for memorializing the dead.

8.2 The Cemetery has the right to determine the material, color, size and degree of uniformity of all memorials.

8.3 The installation or the alteration of a memorial will not be permitted until a Memorial Application along with the correct charges have been submitted and approved by the Cemetery. The Cemetery has a right in its sole discretion to reject the memorial application. All outstanding cemetery charges, purchase price, perpetual care or preservation and maintenance or any other contractual charges must be paid in full prior to review of the memorial application.

8.4 A footing and/or foundation will be installed by the Cemetery for all memorials. The size, type, method of construction and materials used shall be determined by the Cemetery. Any planting that interferes with the installation of the foundation will be removed without any liability to the Cemetery.

8.5 The Cemetery reserves the right to install flush markers. The Cemetery shall not install upright memorials. The person who installs upright memorials shall be responsible for locating and positioning the memorials, as well as all damage done to the memorials during the installation process.

8.6 In no event shall the Cemetery be liable for the location or position of the memorial, or damage done to it.

8.7 The memorial is the personal property of the Lot Owner and insurance should be obtained for its protection.

8.8 Recent interments will require a six (6) month waiting period for the installation of a foundation or footing. Installations of foundations or footings are subject to weather conditions and are at the discretion of the Cemetery.

8.9 No temporary markers of any material will be allowed on any lot or grave. Temporary markers are those which do not conform to the rules governing markers.

8.10 Drilled holes for planting in bases of memorials shall not be allowed.

8.11 All private mausoleums and sarcophaguses must have a clearance of not less than 60” from the outermost projection to the rear, and side lines of the lot and not less than 6’ to the front line.

9.0 INSTALLATION REGULATION

9.1 The memorial setter must obtain a Setting Pass, at the Cemetery office, prior to the placement of the memorial on the day it is being set.

9.2 Setting vehicles are not permitted off the paved road into any section.

9.3 No work related to memorials shall take place in the vicinity of an interment service.

9.4 The memorial setter is responsible for restoring the setting area to its original condition. All debris must be removed from the Cemetery.

9.5 Memorials that do not conform with the memorial application will be removed by the Cemetery at the expense of the monument dealer.

9.6 Memorials shall not be removed from the Cemetery without prior written authorization by the lot owner or a court order filed with the Cemetery.

9.7 In the event that rigging equipment is necessary to set a memorial a pre-installation conference with the Cemetery is required. This conference will review equipment, routing, setting procedure and storage if necessary.