Cemetery Ordinance

CEMETERY ORDINANCE FOR FREMONT NEW HAMPSHIRE

CEMETERY ORDINANCE FOR FREMONT NEW HAMPSHIRE:  The following amended Cemetery Ordinance shall supersede all previous versions of this Ordinance and become effective as of October 20, 2020.

Fremont Cemeteries are CLOSED for burials from the first hard frost until the end of mud season (typically December to April).  This is to be at the decision of the designated Cemetery Trustee.

MONUMENTS AND DIMENSIONS:  The deed owner shall have the right to erect memorial stones or monuments. All upright monuments must have a foundation. No tomb or mausoleum shall be erected without the approval of the Cemetery Trustees.  Grave markers must be ground-flush type not to exceed thirty (30) inches in length.

Measurements of Memorial Stones or Monuments: All upright monuments shall not exceed the following dimensions and shall be set on suitable foundations. 

            Single Grave                                     36” x 16” x 48” high above foundation

           Two-Grave Lot                                   40“ x 16” x 48” high above foundation

            Four-Grave Lot                                  48“ x 16” x 48” high above foundation

            Eight, Ten and Twelve-Grave Lot      72” x 16“ x 48” high above foundation

Village Cemetery only: monuments shall be allowed to be 72” high.  All other noted dimensions shall apply. 

Monument and foundation installation charges are paid directly to the monument company.  There shall be no more than one above ground monument allowed per lot.

CORNER POSTS MARKERS:  Prior to May 2, 2019, Four (4) corner posts must be installed, at the purchaser’s expense, within sixty (60) days of the purchase of a Cemetery lot or at the discretion of the Trustees.

After May 2, 2019, Four (4) corner posts will be part of the selling price of each lot.  They will be purchased by the Cemetery Sexton from our Vendor.  The Vendor will then install the corner post once they are ready. 

All corner posts must be placed even with the ground and at points specified by marker points indicated by the Cemetery Trustees or their designee.

GRAVE OPENING:  The deed to the grave shall be presented  to the Cemetery Sexton in order to entitle the owner to the opening of a grave.

No opening or interment shall be permitted unless all charges are first paid.

All Opening of graves to be done by The Town of Fremont or it’s designee.

PLOT RULES:  No grading, sodding, permanent planting, or landscape work is permitted.  Should any grading, landscaping or permanent planting be made, the Board of Selectmen acting through the Trustees have the right to enter upon said lot or grave and remove such plantings or change such work at the expense of the owner.

The Board of Selectmen shall have the right to remove all floral designs, flowers, weeds, shrubs, trees, plants, roots, branches or growth of any kind as in their judgment, or the judgment of the Trustees, they become unsightly, dangerous, or obnoxious.  

The placing of free standing items that are separate from the monument such as boxes, metal designs, chairs, settees, ornaments, vases, glass walls, wood or iron cases and similar articles, upon lots shall not be permitted and, if so placed, the Board of Selectmen reserves and shall have the right to remove the same, the expenses of which shall be charged to such lot and be a lien thereon. 

Photographs or metal objects must be attached or imbedded to any memorial stone or monument.

LOT PURCHASE AND DEED:  The deeds to cemetery lots will be drawn by a designee of the Fremont Cemetery Trustees and sold under the signatures of the Selectmen.

The deed shall state the name and address of the purchaser, purchase price, name of cemetery, lot number(s) and section.

The purchaser of the deed must be a current or former resident of Fremont and must show proof of current or former residency.

The Deed shall be recorded at the Rockingham County Registry of Deeds.

A copy of the deed will be made and maintained in the Sexton’s lot records.   

CHARGE PER LOT:  The cost of each single grave lot and Four (4) corner posts will be listed in the Town’s current fee schedule.   

The Cemetery Sexton shall also collect a separate check made payable to the Rockingham County Registry of Deeds (RCRD) for the recording of the Cemetery Deed. Applicable filing fee pursuant to RCRD fee schedule.  The Sexton will send the original deed to the Registry for recording and once returned will copy the deed for the file and send the original to the lot owner(s).

The Cemetery Sexton will order the Four (4) corner posts from the Town’s Vendor, pay for them and have them installed by said Vendor.

Full payment must be made prior to the deed transfer and ordering of the corner posts.

LOT USE:  The use of a lot is for the lot holder, lot holder’s relatives, or lot holder’s assigns for interment only and not for sale or profit. 

TRANSFER OF LOTS:  No transfer or assignment of a Cemetery Lot shall be made by any owner.

Any resale of a lot(s) must be back to the Town of Fremont at the original cost paid. The money will not be paid back to the original lot owner until such time that the lot is resold.

Once resale is complete, the original lot owner will be reimbursed their original price paid and any excess will be placed in the Cemetery account. 

If the seller has a recommended purchaser of his/her lot this person shall have first refusal of purchase, at the current set price, as long as the new purchaser is a resident or former resident of Fremont.

GRAVE CAPACITY:  One (1) full burial with up to four (4) cremations above the full burial is allowed per single grave space, full burial must be done first. 

If cremations are interred first, NO full burial will be allowed.

Cremation remains must be buried no less than two and one half (2 ½) feet below the ground surface and the hole must be dug by the Town or by permission of the Cemetery Trustee Designee.

BURIAL CHARGES: Burial charges for opening and closing graves are paid directly to the Town’s contracted agent.

Burial charges for cremation remains are to be paid directly to the Town of Fremont.

PERPETUAL CARE:  Perpetual care is defined as mowing and trimming grass and annual raking. 

All other maintenance is the responsibility of the owner.

Whenever graves or lots become vacant by the removal of the bodies therein to another cemetery, and surrenders the deed to the Selectmen of Fremont for purchase by the Town, perpetual care by virtue of monies in a Trust Fund, shall be forfeited.

VAULT:  Cement box or cement vault is to be used for all interments in the Town of Fremont.

A vault is not required for burial of cremation remains.

PENALTY FOR VIOLATION:  Unless otherwise provided by State law pertaining to cemeteries or burial of the dead, a maximum fine of $50 plus restitution of damages shall be imposed upon any person violating the provisions of these rules of ordinance.

                                                                                             Selectmen of Fremont, NH

Ordinance Adopted: September 23, 1969   Board of Selectmen

Amended:  December 17, 2009   Board of Selectmen

Amended:  June 4, 2015   Cemetery Trustees

Re-Adopted: June 4, 2015   Board of Selectmen

Amended:  October 20, 2020   Cemetery Trustees

Amended and Re-Adopted:  November 19, 2020 Board of Selectmen