Sec. 6-18. - Established; named.

The town shall open, operate and maintain a cemetery on the property purchased by the town from Dr. Foy Robertson, and others and located south of the Chapel Hill-Durham Highway at a point east of the Town of Chapel Hill.

The name of the cemetery shall be Chapel Hill Memorial Cemetery.

(Comp. 1961, p. 229, § 2)

Sec. 6-19. - Official plan.

The master map of the area effected by the Chapel Hill Memorial Cemetery, prepared by Richard W. Boggs, landscape architect, dated 1980, a copy of which is on file in the office of the town manager and identified by the official signatures of the mayor, town clerk and town manager, with the official seal of the municipality attached, which map is hereby incorporated herein as a part of this article, is hereby adopted as the official map or plan for the development of the entire cemetery area and the provisions of said master map shall be adhered to in the development of the cemetery.

(Comp. 1962, p. 229, § 3; Ord. No. O-80-68, § 1, 10-13-80)

Sec. 6-20. - Reserved.

Editor's note—

Ord. No. O-80-68, § 1, enacted Oct. 13, 1980, provided for the deletion of § 6-20, relative to detail maps.

Sec. 6-21. - Reserved.

Editor's note—

Ord. of May 10, 1971, repealed former § 6-21 relative to the reservation of certain sections in Chapel Hill Memorial Cemetery for particular races. Said section was derived from Comp. 1961, p. 229, § 5 and Comp. 1961, p. 232c, § 2

Sec. 6-22. - No conveyance of title of grave space.

Fee simple title to the property included in the cemetery governed by this article shall remain vested in the Town of Chapel Hill. There shall be no conveyance of title to any grave space, but the right or privilege of interment shall be sold as herein provided and such right or privilege shall be evidenced by a certificate issued in the name of the municipality by the town manager.

(Comp. 1961, p. 229, § 6)

Sec. 6-23. - Fees.

Fees shall be charged for the purchase of grave and cremation spaces in town cemeteries. The fees shall be based on the type of space purchased and whether or not the purchaser resides or owns property within the corporate limits of the town. The fee for cemetery space shall be determined as of the time of purchase; and subsequent extension of the corporate limits or subsequent change in the residence or property ownership status of a purchaser shall not cause an increase or decrease in the fee paid for cemetery space. The fee for each cemetery shall be paid to the town in cash before interment. An additional fee shall be charged for interments which do not include use of a grave liner or burial vault approved by the town. The fees hereinabove set forth do not include the costs of opening and closing of spaces. The cemetery fees shall be according to the current fee schedule resolution adopted by the town council.

(Comp. 1961, p. 229, § 7; Ord. of 3-26-63, § 1; Ord. No. O-78-41, § 1, 6-12-78; Ord. No. 90-3-26/O-2)

Sec. 6-24. - Transfer of purchased rights.

The purchaser of interment or burial rights or privileges may not transfer the same. The town will refund, without interest, any sum paid for interment privilege if requested to do so in writing by the purchaser thereof prior to the opening of a grave in the grave space purchased and upon surrender by the purchaser of the interment or burial privilege certificate issued for such grave space. Upon the death of the holder of a burial or interment privilege certificate, his or her heirs, legatees or devisees, shall succeed to his rights in said certificates. The owner of a burial or interment privilege certificate may permit interment in the grave space or spaces therein described of any person designated in writing by the certificate owner, provided no compensation for such interment is received by the certificate owner and provided the interment is made in compliance with the provisions of the master map or plan and the detail map hereinbefore referred to.

(Comp. 1961, p. 229, § 8; Ord. of 3-26-63)

Sec. 6-25. - List of purchasers, grave spaces to be kept.

An alphabetical list of purchasers of interment privilege certificates and a section-numerical list of grave spaces sold shall be kept on file in the town hall by the town manager or such other municipal officer as the council may designate.

(Comp. 1961, p. 229, § 9)

Sec. 6-26. - Interment, opening grave; permit required, application.

No grave shall be opened and no interment shall be made without a written permit issued by the town manager, or other municipal officer as designated by the council, and such permit shall be secured at least eight (8) hours prior to the opening of the grave. Application for permit to open a grave must be made in writing by the owner of the burial space certificate if living or by a relative of a deceased owner for interment of a deceased owner. Said application shall state the name, age, sex, race and date and place of death of the person to be interred.

(Comp. 1961, p. 229, § 10)

Sec. 6-27. - Markers, shrubbery and landscaping generally.

No planting of trees, shrubbery or flowers shall be permitted in the cemetery except by or under the direction of the town manager and in accordance with the master plan map. No walls, trees, shrubbery or any other obstruction shall be permitted in the cemetery except in areas designated for such purposes on the master plan. All graves shall be level with the surrounding area. No mounds shall be allowed.

All markers in the cemetery shall be bronze or stone. A family marker shall be permitted on two (2) or more adjacent graves, located side by side, and shall be placed along the base line of the grave spaces and centered between the spaces. Single and cremation markers shall be placed along the base line of the grave space and centered on the axis of the space.

Aboveground monuments shall have four-inch concrete aprons which shall be flush with the ground in order to facilitate monument protection, stability and maintenance. No monument shall exceed four (4) feet in height or ten (10) feet in width. All foot markers shall be laid flush with the ground. A maximum of one (1) upright monument shall be permitted per each grave.

The persons placing the markers shall request the town to locate the grave corners prior to placing the monument. After installation, a final inspection of the marker shall be made by the town. All installations of markers shall comply with dimensions and placement details approved by the town manager.

Anyone placing or causing to be placed a grave marker so that it is not in conformity with this section will correct it. If the marker is not brought into conformity as requested, the town shall make the correction and bill the person who placed or caused to be placed the marker.

(Comp. 1961, p. 232a; Ord. of 4-9-62, § 1; Ord. of 3-26-63, § 1; Ord. of 11-25-63; Ord. No. O-73-23, §§ 1, 2, 6-25-73; Ord. No. O-80-20, § 1, 3-10-80; Ord. No. O-80-68, § 1, 10-13-80; Ord. No. 94-7-5/O-5, § 1)