PARISH CEMETERY • HOLY TRINITY ORTHODOX CHURCH
BY-LAWS
(Revised January 29, 1995)
I. NAME
1. The name of the cemetery shall be the Holy Trinity Orthodox Cemetery, referred to hereinafter in these By-Laws as the Cemetery, under the ownership and jurisdiction of the Holy Trinity Orthodox Church of New Britain, Connecticut, referred to hereinafter in these By-Laws as the Parish.
2. The Cemetery is located at the corner of East Street and Wells Street in New Britain, Connecticut, and its boundaries and plots shall be those described on the surveyor’s map of the Cemetery dated May 1932, as well as on subsequent surveys and maps authorized by the Parish.
II. PURPOSE
1. The purpose of the Cemetery shall be to maintain and keep in good order a burial ground for the interment of deceased members of the Parish, and other deceased persons eligible for interment in accordance with the provisions of these By-Laws.
III. INTERMENT ELIGIBILITY
1. Any member of the Parish, as defined in the then current Parish By-Laws, is eligible for burial in the Cemetery.
2. Any Christian who is married to a member of the Parish, but is not a member of the Orthodox Church as well as any single Christian children resulting from said marriage, are eligible for burial in the Cemetery.
3. Any member of the Parish who changes his/her faith shall forfeit his/her Cemetery plot(s), as well as all monies paid for each plot.
4. Any member of the Parish who unites with another Orthodox parish, while remaining members in good standing of that parish, may be buried in the Cemetery.
5. Any non-practicing Orthodox Christian may be accepted for burial in the Cemetery at the discretion of the Rector. Such burial will be subject to a “non-parishioner surcharge” as determined by the Cemetery Committee.
IV. INTERMENT PRIVILEGES OF MEMBERS
1. Each member in good standing of the Parish is entitled to purchase interment rights to a plot(s) in the Cemetery at a cost set by a legally convened Parish Meeting.
2. Each parishioner in good standing has the prerogative to:
a. visit the Cemetery and his/her plot(s);
b. erect a suitable monument at the given plot(s) within regulations and with the approval of the Rector and Trustees of the Cemetery;
c. decorate his/her plot(s) as governed by these By-Laws.
V. GENERAL PROVISIONS
1. All unfilled graves shall revert to and become the property of the Parish should a member who has purchased more than one grave plot die without devise or any known kindred eligible for burial in the Cemetery. The Trustees shall make reasonable efforts to locate any kindred who had previously qualified for burial. If none are found within two years of any such inquiry, then the plots and all sums collected will revert to the control of the Parish.
2. Any unoccupied plots remaining from children of members who do not wish to be buried in their parents’ family plot shall revert to and become the property of the Parish upon receipt of written notification from said children of their decision not to be interred in the Cemetery.
3. The Right of Interment cannot be transferred, subdivided, exchanged, sold or in any way alienated without the endorsement in writing of the Rector and Trustees of the Cemetery.
4. No graves shall be dug or re-opened without the permission of the Rector and Trustees of the Cemetery. Fees required for grave openings shall be set by the Rector and Trustees of the Cemetery.
5. Only potted moveable shrubs and flowers shall be used to decorate plots.
6. Each interment shall be suitably identified:
a. A deposit of $100.00 in addition to the normal fees, shall be made of all interments in order to ensure the placing of a suitable identification marker or monument within a two-year period. Such deposits shall be refunded in full when the identification marker or monument has been placed.
7. Monuments must be of modest size and must not be engraved or shaped in any manner contrary to the tradition of the Orthodox Church. They must be placed on a suitable concrete foundation, location to be approved by the Rector and Trustees of the Cemetery.
8. The Rector and Trustees of the Cemetery shall have the authority to direct the use of multiple plots and shall approve the location of the actual grave.
VI. PERPETUAL CARE
1. There shall be a Perpetual Care Fund.
a. All monies received for perpetual care shall be deposited in a separate account in a financial institution under the name of the Holy Trinity Orthodox Cemetery Perpetual Care Fund. This fund shall be administered by the Rector and Trustees of the Cemetery. Only the interest accrued from this fund shall be used for the maintenance of perpetual care at the Cemetery. Surplus interest, interest that is not used for cemetery expenses in any given year, shall be turned over to the Parish Memorial Fund.
b. The Cemetery Trustees may invest one-half (1/2) of the Principal of the Perpetual Care Fund in any project that is undertaken by the Parish through a legally drawn and executed loan/promissory note at an interest rate equal to a three-month investment account, and not more than two percent (2%) lower than the prime rate as established by the lending institutions. Once a loan is made by the Cemetery Perpetual Care Fund, no new loan may be secured until the one that is outstanding has been paid in full according to the terms set forth in the promissory note between the Parish and the Cemetery.
2. After the effective date of these By-Laws, every purchaser of a plot or plots at the Cemetery is required to pay $100.00 per grave to the Perpetual Care Fund for perpetual care. Assessment must be paid at the time of the purchase of the plot.
3. Every person who has purchased plots prior to September 1, 1971, and has not purchased perpetual care, will be charged $100.00 for perpetual care at the time of their burial.
VII. ADMINISTRATION
1. The Rector and Trustees of the Cemetery shall administer and interpret these By-Laws. The Trustees shall consist of the following members:
a. The Parish Warden
b. The Assistant Warden
c. The Trustee-Chairman
The Trustee-Chairman shall be elected for a 3-year term at the Annual Parish Meeting. The Rector and two (2) of the trustees shall constitute a quorum.
2. Duties of the Trustee-Chairman
a. Advise the sexton of interments.
b. Calculate and present interment fees.
c. Maintain financial and burial records.
3. A sexton shall be retained to locate and measure all plots as required by need. The sexton shall be paid a fee as set by the Rector and Board of Trustees. The sexton shall keep the Cemetery maps current and assist the Rector in properly recording all interments.
VIII. APPEALS
1. If any person is aggrieved by a decision of the administrators of these By-Laws, he/she shall have the right to appeal to a meeting of the Parish Council. The decision of the Parish Council regarding any appeal shall be final.
IX. AMENDMENTS
1. These Cemetery By-Laws may be altered or amended by a two-thirds (2/3) majority vote of the voting members of the Parish in attendance at an Annual Parish Meeting at which a legal quorum is present or a Special Meeting convened for that purpose at which a quorum is present, provided that written notice is given to the membership specifying the proposed addition, change or amendment. Such written notice shall be mailed to voting members of the Parish no later than fifteen (15) days before the date of the Parish Meeting at which the proposed changes, additions or alterations are to be discussed. All amendments, changes or additions so proposed shall not take effect unless approved by the Diocesan Authority.
X. EFFECTIVE DATE
1. These Cemetery By-Laws were accepted at a Parish Meeting held on the 29th day of January, 1995, at which the appropriate quorum was present, the Parish members having been duly notified, and have become effective on the 17th day of February, 1995, by the approval of the Diocesan Bishop. They revoke, supplant and replace any and all Cemetery By-Laws, whether corporate or not, previously in use.
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Diocese of New England
Orthodoxy in America
