Town of Clover

Ordinance #20200708-1 Amendment to Ordinance #20130911-1 Town of Clover—Town Cemetery Ordinance

1. Purpose: While creating the Cemetery Database, it was clear that there was confusion about lots and plots. Ordinance #20130911-1 Town of Clover—Town Cemetery Ordinance it became clear that the term “Lot” was being used for both “lot” and “plot.” The term “plot” should be substituted where a single grave site is being discussed and the term “lot” should be used when the term refers to a group of plots belonging to an individual or set of individuals for use by them and anyone they deem appropriate to be buried in their lot. In addition, some other items needed to be amended.  Empty plots that people own are being removed from use because of tree and shrub roots.  The final item being amended required a Public Hearing to amend Ordinance 20130911-1.  On June 29, a properly noticed Public Hearing was held on this amendment with no one but elected official present.  To deal with these problems, the following amends are made:

• Section IV, D. Plot means a single grave lot platted in accordance with Section VI, whether or not occupied by a grave. A plot measures 5’ x 12’ which includes a 4’ walkway.
• Section VII., A., Before any new block of any existing town cemetery or any other new or expanded cemetery in the town is opened for the sale of cemetery lots for burial of human remains after the effective date of this amended ordinance, the Town Board or the Sexton for the town cemetery and any person or agent for any other cemetery in the town that is subject to §157.065, Wis. Stats., shall cause the blocks and plots to be platted.
• Section VII. B. The Town Board or the Sexton shall designate, for any town cemetery, certain lots as a single grave section, and the plots within each grave section shall be platted and sold as single-grave plots.
• Section VIII, A. Price of plots.  The Town Board shall from time to time by resolution fix a price on all plots to be sold for burials in any town cemetery.  Note: The price of lots is a multiple of the price of plots.
• Section VIII, B. Sales of lots and/or plots.  

1. Persons, or their authorized agents, desiring to purchase a lot or plot in any town cemetery for burial are referred to the town clerk or sexton. For any lots or plots purchased from the effective date of Ordinance #20200708-1 and going forward and upon full payment by any person of the purchase price of a town cemetery lot or plot, the Town Clerk shall issue a cemetery deed, under seal, as provided in Section VIII, subsection B., and a copy of the deed shall be filed in the records of the town as evidence of ownership of the lot.
2. Persons conveying any cemetery lot or plot in any town cemetery shall comply with §157.08, Wis. Stats., and this ordinance.

• Section XII, C. 3. a. Damage any plot or lot.
• Section XII, C. 3. c. Remove, deface, mark, or damage in any manner any cemetery markers, headstones, monuments, fences, or structures placed on any cemetery lot or plot.
• Section XIII, F. Number of burials per plot.  No plot in any town cemetery may be used for the burial of more than one body except in the following circumstances.

1. Six remains from cremation shall be allowed in one plot with one headstone.
2. One full body and two remains from cremation shall be allowed in one plot with one headstone or two flat markers to be placed only in line with other stones.

• Section XIV. A. Tree and shrub planting.  The planting at any town cemetery of trees and shrubs on purchased lots or plots is prohibited.  Trees or shrubs growing on any lot or plot will be removed by the Sexton or their designee.
• Section XIV., B. 3. No foundation marker or monument may be larger than the width of the plot or group of plots purchased. All monuments and foundations must be set in line with other monuments so far as possible as directed by the Town Board or the Government service monuments or markers shall be surface mounted or attached to the monument or marker. No monument or marker may be more than 5 feet in height.
• Section XIV. B. 4. No materials other than granite, marble, standard bronze or small wooden crosses may be used for outside and above-ground portions of any marker or monument.
• delete Section XIV, B. 2. and renumber the following:
  • Old Section XIV, B., 3. above to read Section XIV, B., 2.
  • Old Section XIV, B., 4. above to read Section XIV, B., 3.
  • Old Section XIV, B., 5. to read Section XIV, B., 4.
• Section XVI, C. Potted plants.  Potted plants at any town cemetery may be set on plots, without disturbing the sod.
• Section XVI, D., Artificial flower decorations; baskets. Artificial flower decorations are prohibited in any town cemetery unless in a vase or pot and/or when firmly attached to the ground when so used will be treated as potted plants.  Unfilled or unsightly baskets will be removed from the lot or plot by the Town Board or the Sexton.
• Section XVII B. The Town Board reserves the right to amend this ordinance to conform to the newly developed cemetery practices or any other legal purpose that the Town Board deem necessary and appropriate.

Adopted this 8th day of July 2020

 

Effective date:  July 8, 2020

Beverly M. Steele, Chairperson           Date

Sheryl Isaksson, Supervisor                 Date

Barb Rebak, Supervisor                        Date

Jack Smith, Supervisor                         Date

Patti Stemwedel, Supervisor               Date

 

Attested this 8th day of July 2020 by:

Tracy Gillespey, Clerk                      Date

 

TC Ordinance #20200708-1 Amendment to Ordinance #20130911-1 Town Cemetery Ordinance

Created:  6/28/2020; Revised 7/6/20