Grand Evergreen Cemetery By-Laws December 17, 2023
Article I.
Name and Objective:
Section 1. The association shall be known as Grand Evergreen Cemetery Association, being located in the borough of Susquehanna Depot, Susquehanna County, Pennsylvania.
Section 2. The objective of the Association shall be to provide for the decent burial of the dead or any legal disposition of human remains and to perpetually maintain the cemetery. The cemetery shall be made available for public use for visitation or care of lots from dawn to dusk.
Section 3. The objective of the Association shall be subject to the full control of a board of nine (9) trustees and in all aspects shall be governed by the charter and by the by-laws which the trustees shall adopt.
Article II.
Non-Profit Declaration:
Section 1. The Association is organized exclusively for non-profit purposes as a community service. Income for the sales of cemetery lots, donations and or from investments will be used as follows:
1. To pay ordinary and necessary expenses of operating, maintaining, and improving the cemetery.
2. To secure additional cemetery real property.
3. To maintain a care fund that provides a source of income for the cemetery operation.
Section 2. No part of the net earrings of the Association shall be to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered. Not withstanding any other provision of these articles, the Association shall not, except to any insubstantial degree, engage in any activities or exercise any power that are not in the furtherance of the objection of the Association.
Section 3. In the event of the dissolution of the Association, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government for a public purpose. Any such assets not so disposed of shall be disposed of by a court of Competent Jurisdiction of Susquehanna County exclusively for such purposes or to such organization or organizations, as said Court shall determine which are organized and operated exclusively for such purposes.
Article III
Election of Trustees:
Section 1. Trustees shall be elected from volunteers recommended by the Association.
Section 2. Trustees shall serve for a period of three (3) years. Trustees can serve an unlimited number of three - year terms or as long as they are willing and able to perform the duties of the trustees. If after non attendance at three (3) meetings and three (3) attempts to be contacted, the said trustee should be removed. Attendance at meetings need not be in person; virtual attendance is accepted.
Section 3. If a vacancy is made in the Association, either by death, resignation, or otherwise, it shall be filled by a new election and the person thus elected shall serve during the unexpired term of his predecessor. This person would then be eligible to serve a new three (3) year term.
Article IV
Meetings:
Section 1. The duty of the Trustees is to administer all aspects of the cemetery including: set and administer rules and regulations, manage finances, manage maintenance and upkeep. Plan for the future, secure land as needed, maintain accurate lot records and maps and keep the cemetery a respectable place to visit.
Section 2. The Association shall meet annually in March of each year for the transaction of business. Trustees may call a special meeting as the occasion may require.
Section 3. To conduct official Association business, two-thirds of the entire Board of nine (9) trustees must be present at meetings. Virtual attendance is an acceptable way to attend. If less than two-thirds of the entire board of nine (9) trustees exists due to death, resignation or otherwise, the existing members can elect new members.
Section 4. Meetings shall be scheduled with the expectation that all trustees will be present.
Article V
Officers and Duties:
Section 1. A President, Vice President, Secretary, and Treasurer shall be elected by the Trustees of the Association for a term of two (2) years beginning in 2025. The President and Secretary will be elected on even years and the Vice President and Treasurer will be elected on odd years. This will ensure that all officers are not elected at the same time.
Section 2. The President or in his absence, the Vice President or another officer shall call the meetings to order and shall so preside that the business of the Association shall be transacted in a dignified and orderly manner. In the absence of the officers due to death, resignation or otherwise, the most senior (length of service) trustee shall so preside.
Section 3. The Secretary shall keep correct minutes of all the business that is done and record the same in a book provided for this purpose.
Section 4. The Treasurer shall receive all money for lots sold, and from other sources, and shall pay all bills. The Treasurer shall also maintain a correct financial accounting of all money received and disbursed. The Treasurer shall provide financial reports for the Trustees.
Section 5. The President, Vice President, Secretary and Treasurer shall constitute a standing committee for the sale of lots and shall be authorized to make such sales.
Article VI
Lot Pricing and Deeds:
Section 1. The price of lots for burial shall be determined by the Trustees of the Association at the annual meeting and may be adjusted from time to time.
Article VII
Cemetery Ground Rules and Regulations:
Section 1. The lot owner, their heirs and other responsible parties shall have the responsibility of erecting new headstones and markers. All care and upkeep of the headstones and markers are the responsibility of the record lot owner, their heirs of assigns. Markers should be approved by a board member prior to erection.
Section 2. The Association retains the right to remove headstones and markers that are in poor condition, unsightly, dilapidated or a safety hazard after notification of the record lot owner their heirs or assigns. When a safety hazard exists, caused by the defective marker foundation, the Association will evaluate each incident on a case-by-case basis to determine the appropriate remedy in the interest of the owner and cemetery.
Section 3. Temporary markers will be allowed to remain until such time as a monument is placed on the grave. The Association retains the right to remove the temporary marker after notification of the record to owner, their heirs or assigns.
Section 4. Headstones will be placed by the family or assign at the direction of the Association. A three (3) inch border around the headstone is sufficient.
Section 5. Urn vaults are not required except breakable ones such as glass.
Section 6. No fences, curbs, step, structures, landscape borders of other obstructions are permitted on grave lots in the cemetery. Foot markers must be flushed with the ground. A bench type headstone is permitted if placed according to Article VII Section 5.
Section 7. Installation of mausoleums or tombs must be approved by the trustees and will only be permitted on designated lots in the cemetery.
Section 8. Visitation is permitted in the cemetery from dawn to dusk. No visitation is permitted after dark.
Section 9. Planting of flowers and boarder plants is permitted on cemetery plots with the permission of the Association. Planting bushes, trees is not permitted by the Association. The Association shall have the right to remove any and all plantings made in violation of this rule.
Section 10. Flowers and wreathes may be placed next to headstones, markers, or mausoleums. Dilapidated flowers and wreaths will be removed in March and in October each year and at other times of the Association's discretion. The Association will post a cemetery cleaning schedule at least two weeks in advance of the cleaning on Facebook or website.
Section 11. Flower containers and wreath holders must be non-glass and non-breakable. In ground holders may be used but must be installed so the top is flush with the surrounding ground level.
Section 12. Open flames or live candles shall not be permitted.
Section 13. Optional boundary landmarks must be placed level with the ground, and shall not raise or terrace the lot.
Section 14. Cemetery lots are to be used for no other purpose than the burial of the dead. The lot deed are grants of rights to burial and sepulcher only. Any attempt, by the lot owner, to use their cemetery lot for any purpose other than the burial of the dead shall cause the ownership of such lots to revert to the Association.
Article VIII
Burial Regulations:
Section 1. Interment at the Grand Evergreen Cemetery shall be limited to human remains and cremains.
Section 2. The Association is not responsible for any burial expenses including the expenses of snow removal from driveways and walkways.
Section 3. Concrete vaults must be used in all casketed burials.
Section 4. A one fourth (1/4) lot may contain the ashes of up to two (2) cremains. Burial of one set of cremains can be placed over top of an existing interment. Only one (1) upright monument or marker shall be placed in a one fourth (1/4) lot.
Section 5. Containers used for cremains must be approved for direct burial. The container must be buried at least eighteen (18”) inches deep. The Association Vice President will be responsible for excavating and burial of cremations.
Section 6. Disinterment must be coordinated by a local funeral director and must be conducted according to state and local regulations. A permit is required from the Commonwealth of Pennsylvania Vital Records Registrar.
Section 7. Excavation of graves must be completed by an excavation contractor approved by the Trustees. The excavation contractor shall be responsible for leveling and seeding the grave and grounds damaged by the grave excavation and interment process. The Association requires board approval and certificate of crematory. Any independent contractor performing work in the cemetery must be insured and be able to provide a copy if necessary. The Association is not responsible for grave excavation expenses.
Article IX
Lot Assignment, Transfer, Repurchase, Abandonment:
Section 1. Lot Assignment:
Only person(s) listed as grantee on issued Association deeds have the right to assign to an heir or assignee. A cemetery lot grantee(s) can assign a lot or portion of a lot to another person or persons by providing a copy of the original deed to the Association and by requesting approval in writing from the Association. The letter must be signed by all person(s) listed as grantees on the original deed and notarized.
Section 2.
Independent resale of lots will not be allowed. The Cemetery Association will not purchase back plots.
Section 3.
Abandonment of any cemetery lot by the lot holder shall constitute a reversion of the ownership thereof to the Association.
Article X
By-Laws and Amendments:
Section 1. The By-Laws may be amended from time to time by a vote of two thirds (2/3) of the enter board of Trustees at a meeting called for that purpose provided that at least two (2) weeks’ notice of the meeting shall have been given.
Section 2. These By-Laws supersedes all previous versions.
Section 3. These By-Laws will be in effect once read and acted on by a majority of the board of trustees. These By-Laws were voted into effect at the board meeting December 17, 2023.