General Information Rules & Regulations
GENERAL INFORMATIONRULES & REGULATIONSFOR THEARCHDIOCESE OF NEWARKCATHOLIC CEMETERIES171 CLIFTON AVENUENEWARK, NEW JERSEY 07104-0500JUNE 2018
TABLE OF CONTENTSCOPYRIGHT NOTICEBYJOSEPH B. SANKOVICH, CCE, CPC & ARCHDIOCESE OFNEWARK CATHOLIC CEMETERIESPublished byJoseph B. Sankovich & Associates CemeteryAdministration Consulting ServicesTucson, AZ 85715-3455COPYRIGHT THIRD EDITION: JUNE 2018PRIOR EDITIONS: 2005, 2012BYJOSEPH B. SANKOVICH & ASSOCIATES &ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESALL RIGHTS RESERVED. NO PART OF THIS DOCUMENTMAY BE REPRODUCED BY ANY MEANSWITHOUT PRIOR WRITTENPERMISSION OF THE COPYRIGHTOWNERSALL OTHER PUBLISHER’SRIGHTS UNDER THE COPYRIGHTLAWS WILL BE STRICTLYENFORCED.Printed in the United States of America
OFFICIAL ADOPTION &PROMULGATIONThe following rules and regulations are hereby adopted as the Rules & Regulations for theArchdiocese of Newark Catholic Cemeteries (sometimes referred to as “CatholicCemeteries”) as herein named, and all holders of interment rights, employees, visitors,contractors and their employees performing work within the cemeteries shall be subject to theseRules & Regulations as well as such amendments and alterations thereto as may be adopted byCatholic Cemeteries from time to time.DateCardinal Joseph W. Tobin, C.Ss.R.Sixth Archbishop of the Archdiocese of Newark
TABLE OF CONTENTSTable of ContentsCOPYRIGHT NOTICE . 2OFFICIAL ADOPTION & PROMULGATION . 3GENERAL INFORMATION . 6OWNERSHIP . 6ORDER OF CHRISTIAN FUNERALS. 7MISSION STATEMENT . 7NEED FOR RULES & REGULATIONS . 8CEMETERY EMPLOYEES . 9CEMETERY LAWS OF THE STATE OF NEW JERSEY. 9INTENDED CEMETERY USE . 9CARE FOR THE POOR . 10CEREMONIES . 11DISINTERMENTS & REMOVALS . 11PRODUCTS & SERVICES OFFERED. 11OTHER FACILITIES. 13GENERAL RECOMMENDATIONS . 14RESPONSIBILITY FOR CEMETERY RECORDS AND INSTRUCTIONS . 14GENEALOGICAL RESEARCH . 15DISPOSITION OF INTERMENT SPACES. 16ENDOWMENT CARE . 16ANNUAL ORDERS. 16ORDERS & REQUESTS . 16RULES & REGULATIONS ARCHDIOCESE OF NEWARK CATHOLICCEMETERIES . 17PREAMBLE . 17PART I . 18DEFINITIONS . 18PART II . 26GENERAL RULES & REGULATIONS . 26PART III . 36RIGHTS OF CERTIFICATE HOLDERS . 36PART IV . 42INTERMENTS – ENTOMBMENTS – INURNMENTS . 42ESTABLISHING OWNERSHIP OF INTERMENT RIGHTS . 43ARRANGING FOR THE INTERMENT . 44GREEN/NATURAL INTERMENT . 47GAZEBO SECTIONS . 48ARRANGING FOR THE GROUND INURNMENT OF CREMATED HUMANREMAINS . 50ARRANGING FOR THE ABOVE-GROUND INURNMENT OF CREMATED HUMANREMAINS . 51THE COMMITTAL SERVICE AT THE CEMETERY . 53ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-4-
OUTER BURIAL CONTAINERS . 54SPACE UTILIZATION RESTRICTIONS . 55CEMETERY DESIGN INTEGRITY . 56PERFORMING THE OPENING/CLOSING . 56DAMAGES AT THE CEMETERY . 57PART V . 58MAINTENANCE . 58PART VI . 59BEAUTIFICATION AND DECORATION REGULATIONS . 59PART VII . 65OUTSIDE CONTRACTORS . 65PART VIII . 69MEMORIALIZATION . 69PART IX . 78MAUSOLEUM . 78PART X . 84DISINTERMENT . 84PART XI . 87CARE OF THE POOR . 87INTERMENTS TOTALLY SUBSIDIZED BY THE ARCHDIOCESANCEMETERIES. 88PART XII . 91TEMPORARY ENTOMBMENT . 91PART XIII. 92MODIFICATIONS AND AMENDMENTS . 92APPENDIX I . 94MISSION STATEMENT . 94ARCHDIOCESE OF NEWARK. 94CATHOLIC CEMETERIES . 94VISION. 94HISTORY OF CATHOLIC CEMETERIES . 94SIGNIFICANCE OF CATHOLIC CEMETERIES . 95SERVICE COMMITMENT. 95OUR CLIENTELE . 96THE FUTURE . 96APPENDIX II . 97AMPLIFICATION OF MEMORIALIZATION AND FOUNDATIONREQUIREMENTS . 97APPENDIX III . 100ADDENDUMS . 100COMPREHENSIVE RULES & REGULATIONSJUNE 2018-5-
GENERAL INFORMATIONGENERAL INFORMATIONOWNERSHIPTHE ROMAN CATHOLIC ARCHDIOCESE OF NEWARK owns and centrally operates elevencemeteries [Archdiocese of Newark Catholic Cemeteries].The cemeteries listed below shall be referred to in these Rules & Regulations as “a cemetery”and collectively as “cemeteries”. Presented in chronological order of establishment, they are as 68Saint PeterHoly SepulchreHoly NameMount CarmelSaint MarySaint AndrewHoly CrossSaint GertrudeMaryrestGate of HeavenChrist the KingJersey CityEast OrangeJersey CityTenaflyEast OrangeRiver ValeNorth ArlingtonColoniaMahwahEast HanoverFranklin Lakes[201] 433-0342[973] 678-3757[201] 433-0342[201] 569-8727[973] 678-3757[201] 327-7011[201] 997-1900[732] 388-0311[201] 327-7011[973] 887-0286[201] 891-9191ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-6-
GENEREAL INFORMATIONORDER OF CHRISTIAN FUNERALST THE DEATH OF A CHRISTIAN, whose life of faith was begun in the waters of baptism andstrengthened at the Eucharistic Table, the Church intercedes on behalf of the deceasedbecause of its belief that death is not the end nor does it break the bonds forged in life. TheChurch also ministers to the sorrowing and consoles them in the funeral rites with the comfortingword of God and the Sacrament of the Eucharist.AThe Order of Christian Funerals makes provision for the minister, in consultation with the family,to choose those rites and texts that are most suitable to the situation: those that most closely applyto the needs of the mourners, the circumstances of the death, and the customs of the local Christiancommunity.The Order of Christian Funerals provides those rites that may be used in the funerals of Christiansand is divided into three groups of rites that correspond in general to the three principal ritualmoments in Christian funerals: Vigil and Related Rites and Prayers, Funeral Liturgy, and Rite ofCommittal. [OCF General Introduction #4, 43, 44]Continuing the Journey, Preparing a Catholic Funeral, was published by Catholic Cemeteriesof the Archdiocese of Newark in 2007 and is available to Catholics and members of their familiesupon request. Many Travelers, One Journey, an informative video, has also been prepared toaccompany and support this written document. It is posted on www.rcancem.org/ocf.; it is intended forparish and family use.MISSION STATEMENTTHE THEOLOGY WHICH UNDERPINS THE CATHOLIC CHURCH’S INVOLVEMENT in and operationof its own cemetery system may be found within the Mission Statement for theArchdiocese of Newark Catholic Cemeteries, which is located at the end of this documentand identified as APPENDIX I. The Mission Statement also contains the philosophy, which hasguided the writing of these Rules & Regulations.COMPREHENSIVE RULES & REGULATIONSJUNE 2018-7-
GENERAL INFORMATIONNEED FOR RULES & REGULATIONSTHERE ARE THREE DISTINCT GROUPS WHICH MUST BE CONSIDERED in theexercise of the Corporal Work of Mercy known as the burial of the dead. Those who areinterred in our cemeteries are the first group. The Rules &Regulations are written fortheir protection. These individuals are entitled, after they have died, to a respectful burial, to thecare and maintenance of their interment spaces, and to the holy and beautiful environment of theCatholic cemetery.The second group are the survivors and visitors to the Catholic cemeteries of the Archdioceseof Newark. Among this group would be those who have purchased interment rights for future use,those who have loved ones or friends buried in one or more of our cemeteries, those who utilizeour cemeteries as places for prayer and meditation, those who come to our cemeteries to renderservices either to families or cemetery management and operations.The third group which must be considered includes the Catholic church itself, its rituals,disciplines and procedures, cemetery management and all cemetery support staff who arecharged not only with the application of the church’s directives, but who also must interact withfamilies requiring our services, visitors and others who come to the cemeteries to render serviceseither on behalf of families or cemetery management.The Certificate of Right of Interment, oftentimes known as a ‘deed’, will typically containlanguage that defines terms and conditions associated with the purchase and use of intermentspaces. This language is extracted from the Rules & Regulations in force at the time. Therefore,if there is any inconsistency between the Rules & Regulations in force at the time and the languagein the Certificate of Right of Interment, the Rules & Regulations control.These Rules & Regulations are dynamic, i.e., they are a living and breathing document that mustcontinually be updated to respond to new realities as they arise and are identified. The documentin force at the time of any question or issue will be used to address it. The document is designedto chart a course of mutual protection for all of these groups and the individuals within them. Theyare intended to help sanctify the memories of those buried within the cemeteries and to create anenvironment within the cemeteries which awakens faith and brings consolation. Special cases mayarise in which the literal enforcement of a rule may impose unnecessary hardship. The CatholicCemetery administrators reserve the right in such cases to make exceptions, suspensions ormodifications. Any such temporary exception, suspension or modification shall in no way beconstrued as affecting the general application of these Rules & Regulations or serve as a waiverto their enforcement. Furthermore, the failure to enforce a rule or regulation does not serve as apermanent waiver to enforce the applicable rule or regulationARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-8-
GENEREAL INFORMATIONIt is also important to note that any unidentified infraction of any part of these rules does notconstitute approval for a like action by another party. The enforcement of the rules will assist inprotecting the cemeteries, creating and preserving their beauty, and ensuring that the interests ofall concerned parties are equally addressed.CEMETERY EMPLOYEESCatholic Cemeteries relies on the commitment, efforts and good will of more than 150 employees.Cemetery employees are constantly trained and supervised to understand more fully their specificroles and responsibilities in performing the Corporal Work of Mercy identified as the Burial of theDead. For many, if not most of the program’s employees, this work is undertaken as a vocation, aspecific call to perform a service for the greater good of God’s people.Because the cemeteries are engaged in the sale of products and services, special attention is givento conflicts of interest. No cemetery employee may engage in any business or activity during orafter working hours that either conflicts with Catholic Cemeteries or may give the appearance ofsuch a conflict. Included under this restriction, without limitation, are compensation by vendorsor suppliers, use of employment status to recommend one outside vendor over another, orsituations where personal matters/involvements cause the employee to act in his/her interestsbefore the good of Catholic Cemeteries.CEMETERY LAWS OF THE STATE OF NEW JERSEYTHE NEW JERSEY CEMETERY ACT 2003[the Cemetery Act] does not generally apply to theArchdiocese of Newark Catholic Cemeteries, which is not a cemetery company under theCemetery Act, because religious cemeteries are generally exempt from the provisions ofthe Cemetery Act. Certain provisions of the Cemetery Act do/may apply, as these provisions areapplicable to all cemeteries in the State of New Jersey. When the Cemetery Act does apply, theapplicable provisions of the Cemetery Act may be referred to in these Rules & Regulations.INTENDED CEMETERY USEIof a consecrated Catholic cemetery is a right and, forthose who do not possess the right, a privilege. The Catholic cemetery images the Communionof Saints. By peaceful rest among other believers in Jesus Christ, in silence our beloveddeceased still proclaim their belief in the resurrection and Christ’s promise of eternal life to thosewho follow Him.NTERMENT IN THE BLESSED GROUNDThose who request burial within a Catholic cemetery are making this profession of faith. TheCOMPREHENSIVE RULES & REGULATIONSJUNE 2018-9-
GENERAL INFORMATIONMission Statement for the Archdiocese of Newark Catholic Cemeteries should be consulted fora fuller amplification of the role of Catholic cemeteries within the life of the church.The Catholic cemeteries are intended for the interment of Catholics and members of their familieswho have the right to Christian burial according to the rules of discipline of the Roman CatholicChurch. The church is also called upon to extend charity, compassion, and understanding to theextended families of its membership.General Burial Guidelines issued by the National Catholic Cemetery Conference have beenincluded in Helpful Information for Pastoral Leaders under the heading “Burial Guidelines”.Extraordinary questions concerning the burial of an individual not of the Catholic faith and amember of a certificate holder’s family may be referred first to the pastor of the certificate holder’sfamily.Questions regarding any person not entitled to Christian burial according to the rules and disciplineof the Roman Catholic Church within the confines of these cemeteries shall be referred to theexecutive director of cemeteries.The executive director may involve the Office of the Chancellor of the Archdiocese of Newark;the Chancellor may consult with the Archbishop. Decisions made by the Archbishop of theArchdiocese of Newark shall be final.CARE FOR THE POORBAPTIZED CATHOLICS, AND MEMBERS OF THEIR FAMILIES, at the discretion ofthe executive director of cemeteries, who find themselves in financial distress due tocatastrophic events or circumstances, are to be afforded the same dignity and care as thosewho are able to pay fully for the goods and services offered by the Catholic cemeteries.The Mission Statement for the Archdiocese of Newark Catholic Cemeteries amplifies thiscommitment. Structures are in place within the Rules & Regulations to enable pastors and pastoraladministrators to work closely with cemetery administrators to assure that the requirements ofthese individuals and families are met.ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-10-
GENEREAL INFORMATIONCEREMONIESNLY THOSE CEREMONIES IN KEEPING WITH THE ROMAN CATHOLIC CHURCH and theEcumenical Guidelines of the Archdiocese of Newark, and therefore accepted by theArchdiocese of Newark Catholic Cemeteries, may be conducted or celebrated within orat one or more of its member cemeteries.OAll ceremonies are conducted under the auspices of the Archdiocese of Newark CatholicCemeteries, and the Archdiocese of Newark Catholic Cemeteries asserts its right to be in controlof any and all such ceremonies, regardless of the individual(s) exercising leadership positions.Arrangements for all ceremonies, including but not limited to committal services [both Catholic and thoseof other denominations], veteran observances, and celebrations of the Eucharist must be made at theappropriate cemetery office. Drone photography is neither appropriate nor permitted.DISINTERMENTS & REMOVALSACCORDING TO THE RITUALS AND COMMON PRACTICE of the Roman CatholicChurch, interment is considered a final act, which allows the body of the deceased to “restin peace” while awaiting resurrectionDisinterment or removal of the dead from their graves, crypts or niches is generally not permitted.Removal of infants, fetuses, and stillborn infants and human cremated remains is not possible.Disinterment from designated green burial locations, according to these Rules & Regulations andthe provisions of documents signed at the time of purchase, are also not possible nor permitted. Afull treatment of the restrictions and required protocols is contained within these Rules &Regulations for the Archdiocese of Newark Catholic Cemeteries, Part IV: INTERMENTS(Green/ Natural); Part X: DISINTERMENT.PRODUCTS & SERVICES OFFEREDTHE ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIES has continued to modernize thecemeteries since its inception. As changes in burial customs took place so did cemeterydevelopment. The fruits of careful planning and wise building are evident in the cemeteries ofthe Archdiocese of Newark.These facilities are integral to the life and mission of the Catholic Church and significantlycontribute to the ministries of comfort, catechesis, and evangelization as delineated in the MissionStatement for the Catholic cemeteries.The Archdiocese of Newark Catholic Cemeteries recognizes three entities involved in the area offuneral service: the parish, the cemetery and the funeral home. Archdiocesan cemeteries areCOMPREHENSIVE RULES & REGULATIONSJUNE 2018-11-
GENERAL INFORMATIONcommitted to offering only those products and services that are indigenous to the cemetery itself.The Archdiocesan Catholic Cemeteries typically offers a full range of services and products,including but not limited to:Single, double and multiple graves allowing flush memorialization or upright monumentsGazebo Section:Single, double, and family in-ground estate grave spaces allowing 2-piece monumentsGreen Burial Sections:Single or double in-ground grave spaces differentiated by levels of fidelity to ecologicalprinciplesChapel and garden mausoleumsPrivate Family Estate Lots (for family own private mausoleums)Inurnment graves for cremated human remains allowing flush memorialization orUpright memorializationColumbarium niches for the inurnment of cremated human remainsOpening/closing of graves, crypts, nichesFoundations for monuments and memorialsReligious, military and cameo crypt/niche front emblemsMemorial candles & seasonal floral placementsVeteran emblem placement on crypt/niche frontsNO PROPERTY RIGHTS ARE SOLD OR CONVEYEDBY CATHOLIC CEMETERIES.THE PURCHASER OBTAINS ONLY A RIGHT TO INTERMENT.History, restrictions and circumstance do not enable all products and all services to be available inall Archdiocese of Newark Catholic Cemeteries.The purchase of these products/services through the Archdiocese of Newark Catholic Cemeteriessupports the ministry/mission of the Catholic cemeteries of the Archdiocese of Newark andenables the best possible care for the cemeteries.Because of the variety and complexities involved in the selection of appropriate goods andARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-12-
GENEREAL INFORMATIONservices, the Archdiocese of Newark Catholic Cemeteries retains the services of carefully trainedand competent personnel to explain the implications of the various alternatives.In the Archdiocesan Cemeteries, memorial planning advisors are the individuals who assist in theimmediate need environment. Pre-need memorial planning advisors are available for consultationabout future cemetery arrangements by appointment in the privacy of one’s home or at one of thecemetery offices.A staff of operations/maintenance personnel are either employed or contracted by the Archdioceseof Newark Catholic Cemeteries to prepare graves, crypts and niches for burial services, tomaintain the grounds and buildings, to install certain memorialization and various plants, and tooffer other services that care for the interment spaces in the cemeteries and those who either haveinterment rights or come to pray at the cemeteries.OTHER FACILITIESCOMMITTAL CHAPELSThe Order of Christian Funerals of the Roman Catholic Church earnestly recommends thecelebration of the Committal Service at the site of interment. Every effort is made to encouragefamilies to exercise this option. The Archdiocese of Newark Catholic Cemeteries recognizes,however, that various mitigating circumstances exist which make the exercise of this optionimpossible or impractical.For this reason, some Catholic cemeteries maintain committal chapels and outdoor gazebos forthe convenience of owners with interment rights. Arrangements for the use of these facilitiesfor both committal services and anniversary memorial celebrations are made at a cemetery’soffice.RECEIVING VAULTCertain Archdiocesan Cemeteries maintain receiving vaults for the temporary placement ofremains when permanent arrangements are delayed. Arrangements are generally made withboth the cemetery and the funeral home of the family’s choice for this purpose.COMPREHENSIVE RULES & REGULATIONSJUNE 2018-13-
GENERAL RECOMMENDATIONSGENERAL RECOMMENDATIONSRESPONSIBILITY FOR CEMETERY RECORDS ANDINSTRUCTIONSFOR THE ORDERLY CONDUCT OF THE MISSION AND MINISTRY of CatholicCemeteries, it is imperative that an accurate and up to date record keeping system beutilized. These records are all being transferred gradually, to the extent possible, fromvarious forms of hard copy books, ledgers, and cards to customized cemetery software databasesto be used within automated and computerized systems.Records maintained at the Archdiocese of Newark Catholic Cemeteries may include:Roster of certificate holders for graves, crypts and nichesRecord of interments, entombments, inurnmentsOverall cemetery mapping systemSection and community mausoleum maps and diagramsReserve assignments of graves, crypts and nichesRecord of pre-paid cemetery products/servicesOlder records are updated typically at the time of the utilization of cemetery goods or services. Inorder to ensure that cemetery records are accurate and up to date, an on-site, in personconference, where available, is encouraged. When such conferences do not take place prior to aburial, a follow-up appointment is encouraged.The certificate holder is the legally responsible party to provide instructions or directions to thecemetery concerning the interment rights. The certificate holder may authorize another to provideinstructions or directions on his/her behalf, but the certificate holder shall remain legallyresponsible for any instructions or directions made on his/her behalf.The certificate holder’s designated funeral director, or other legally authorized agent, must beprovided with the Certificate Right of Interment and other appropriate information. The certificateholder’s designated funeral director or authorized agent must be legally empowered to makedecisions with the cemetery. The certificate holder’s designated funeral director or other legallyauthorized agent is required to contact the appropriate cemetery office to order the opening ofgraves, crypts or niches.In the case of inurnment of cremated human remains, the certificate holder may schedule theCommittal Service and provide the required documentation without the involvement of a funeraldirector.ARCHDIOCESE OF NEWARK CATHOLIC CEMETERIESJUNE 2018-14-
GENERAL RECOMMENDATIONSThe Archdiocese of Newark Catholic Cemeteries utilizes, where possible and practical, the latesttechnology to accommodate the needs of certificate holders or responsible family members livingout of the area when the occasion for at-need arrangements arises.When changes in family circumstances occur that in any way involve the records that aremaintained at the cemetery, certificate holders must notify the cemetery office to enable all recordsto be updated accordingly.Insofar as cemetery records sometimes contain sensitive data and information, they are notreleased to the general public. Requests for information contained in cemetery records areconsidered on an individual basis and final determination is reserved to the executive directo
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