Organized in 1906
(formerly Fairview Heights Cemetery Co.)

685 Fairview Avenue
Fairview, New Jersey 07022

Purpose. These rules and regulations have been adopted by the Cemetery Trustees for safeguarding the interests of the plotholders of Mount Moriah Cemetery, to maintain a uniform degree of harmo­nious beauty and a proper regard of Its sacred purpose. None other than those dying in the Jewish faith shall be interred in the Cemetery, and the cemetery shall have the right. but not the obligation, to disinter any body buried therein of one not dying In the Jewish faith.

New Jersey laws controlling. All Interment spaces and plots in the Cemetery shall be held pursuant to the laws of the State of New Jersey, and any and all special or general acts applicable to this Company and the cemetery lands thereof, and shall not be used for any other purpose than as a place of burial for the dead of those of the Jewish faith and shall be held subject to the rules and regulations of the Trustees heretofore established or which may be here alter established by them, whether or not the same appear in the rules and regulations annexed to the deeds of interment spaces and plots. In the event that these rules and regulations are contrary to any relevant New Jersey statute, New Jersey law shall supersede.

Proof of ownership. No burial shall be permitted in any Inter­ment space without prior production of a deed thereto. In the absence of satisfactory proof of ownership, the Trustees may require an affidavit from the heirs of the registered owner before issuing a burial permit, which affidavit shall set forth satisfactory proof of ownership.

Mapping and common rights-of-way. All Interment spaces shall conform to maps accepted by the Cemetery as the final subdivi­sion of plottage for the purpose of defining and circumscribing places of burial. From time to time, the Cemetery may layout or alter avenues or walks across said plots as It may deem requisite and proper.

Openings. To open an Interment space, an order in writing is required from the plotholder or his legal representative, together with payment of the established charge therefore in advance. In the event that there are any other sums that may be due the Cemetery, burial will not be allowed until said charges are paid.

Disinterment. All disinterments shall be made by the employ­ees of the Cemetery. A disinterment shall require the consent of the plotholder, together with the proper permit from the Health Officer of the Borough of Fairview and upon the payment of the regular fee there­fore.

Cemetery charges. Plotholders shall pay the charges estab­lished for openings of Interment spaces and all other charges, as may be established by the Trustees from time to time, pursuant to law and as shall be posted in the Cemetery office and filed with the New Jersey Cemetery Board.

Encroachments for purposes of maintenance. The Cemetery reserves the right to use any plot for the excavating or care and main­tenance or a grave or graves in the vicinity thereof, or for other tempo­rary purposes and also to layout or alter such avenues or paths as it may deem requisite and proper, to secure and promote the welfare of the Cemetery.

Monuments and Grave Markers. Only one monument shall be erected on any lot or plot, and its height shall be no less than three feet six inches but not more than four feet including the base. All mon­uments shalt be of granite or other cut stone. Low style monuments in order to preserve the general appearance of the Cemetery.

Headstones, slabs and monuments which have fallen, for what­ever reason, or which require repair may, at the Cemetery’s option, be removed by the Cemetery, at the plotholder’s expense, unless restored, replaced or repaired by the, plotholders, within thirty (30) days after notification.

Markers are limited to one per grave and are not to exceed two feet in height and two feet in width for adults. For children, markers are limited to 18 inches. No mausoleum, vault, monument, grave marker nor any structure, nor anything of any shape not in conformi­ty with the Jewish faith or creed will be permitted.

Monument permit. No monument shall be erected unless and until a plan, sketch or diagram detailing the design and dimen­sions thereof is presented to the Cemetery and approved by It. No memorial epitaph nor inscription shall be set or placed upon any mau­soleum, tomb, monument or other structure without the prior approval of, and a permit, therefore. No monument shall be erected on Saturdays, Sundays or holidays.

Independent contractors. All excavations, for purposes of interment, disinterment and foundation installation, shall be conduct­ed by Cemetery employees. Workmen employed by plotholders for the construction of private mausoleums shall be subject to these rules and regulations. All construction shall be of solid masonry. Builders are instructed to bring the necessary planks, to avoid damage to adjacent plots and walkways.

Before commencing such work or bringing any materials onto the grounds, all workmen hired by plotholders to do monument instal­lation and/or inscription must first present the plotholder’s written authorization. No such work shall be commenced without receiving a permit therefore from the Cemetery, and such permit shall be dis­played whenever demanded by the Cemetery. No work shall be left in an unfinished condition, and in such case the expense of completion or removal by the Cemetery will be charged to the plotholder ordering same.

Guide ropes shall not be fastened to any tree in the Cemetery, and when trees or shrubbery are in the way of contemplated improve­ments, notice must be given prior to commencing work and consent must be obtained from the Cemetery.

Private mausoleums. No private mausoleum shall be erected without permission of the Cemetery, and in all cases, such must contain crypts not less than seven feet, six inches long, thirty-two inches wide and twenty-six inches high, allowing interments to be made separately, and to be closely sealed. The portions above ground must be faced with cut stone. Designs must first be submitted to the Cemetery for Its approval.

Mandatory perpetual care for private mausoleums. No private mausoleum shall be constructed without adequate provision for the perpetual care of the structure. Cemetery management shall determine the amount of the fund, which shall be reasonably related to the size and composition of the structure and the average rate of return for perpetual care funds pertaining at the time of subscription. If the Cemetery is offering installment payments for perpetual care subscriptions at the time, the same terms shall be made available to such private mausoleum owners.

Burial vaults below ground. No burial vault shall be entire­ly or partly above ground, without permission of the Cemetery.

Ornamentation and accessory improvements. All orna­mentation shall be approved by the Cemetery before installation. Unless so approved, any ornamentation shall be prohibited. Plots shall be marked only at the corners, with granite posts set flush with the ground. Only stone benches and their placement may be accommo­dated providing prior written approval has been obtained from the Trustees of Mount Moriah Cemetery. The Cemetery shall not be responsible in any manner for chairs, benches or settees of any type of material placed upon plots. Open or closed bed areas are prohibited unless provision lor Perpetual Care has been contracted.

Steps to plots may not be built unless special permission is obtained from the Cemetery, and in every instance, they must be formed of one solid cut stone and rest on a sound stone foundation.

No enclosure of any kind, such as fences, hedges or ditches shall be permitted around any grave or lot, unless the plans and specifications of gates and enclosures are first submitted to and approved by the Cemetery. The Cemetery reserves the right to remove any structure which may be considered injudicious or prejudicial to the general good appearance of the Cemetery.

No mausoleum, vault monument, grave marker nor any structure, nor anything of any type or shape, made of metallic substances except pure bronze statuary on stone pedestals, will be permitted, and in cases falling within the exception, the plans and specifications of such statuary must first be approved by the Cemetery. As free a scope as possible is accorded to the individual tastes of plotholders in regard to the type and character of their improvements, but in fairness to the interests of all, the Cemetery reserves the right to prohibit the installa­tion of any improvement which It considers prejudicial to the general appearance of the Cemetery.

Decorations. It is strictly prohibited for plotholders and any visitor to a grave to place jars, bottles, flower pots or other containers thereon, as they may mar the beauty of the grounds and cause a main­tenance problem. All waste paper, withered wreaths or flowers and other refuse shall be placed in the receptacles, placed for that purpose. All flags and decorations of a similar nature shall be removed from plots once they become in disrepair or have served their commemorative purpose.

Plantings. No trees, shrubs or plantings of any kind shall be planted within or on any plot by the plotholder, without the approval of and a permit from the Cemetery. If any tree or shrub shall grow in such a manner that they become detrimental to adjacent plots or Cemetery improvements; become unsightly or interfere with pedestrian access, or they do not conform to standards maintained, the Cemetery shall have the right to order appropriate remedial action by the plotholder. Failing same-after reasonable notice, the Cemetery may take said remedial action at the cost of the plotholder. Nothing herein contained shall cause the Cemetery to be responsible for maintenance of trees, shrubs and/or plantings within plots.

Landscaping services. The Cemetery offers both seasonal and perpetual care of graves notwithstanding same, a plotholder may care for his own graves. In the event an outside contractor must enter the cemetery, a fee for the use of water and access to the roads of Mount Moriah Cemetery will be levied and charged to the contractor.

With respect to orders for the care of plots by the Cemetery, such orders shall be given in sufficient advance time to enable the Cemetery to make arrangements for hiring workmen and procuring the necessary plantings economically and in season.

Solicitation prohibited. Solicitations for any purposes, are prohibited within the Cemetery. As used herein, “solicitation”’ shall include, but not be limited to, the placement of business cards, “for sale” signs or advertisements of any kind upon plots. Monument deal­ers and florists are prohibited from soliciting on the Cemetery grounds. Pets Prohibited. No pets shall be admitted to the grounds.

Vehicular traffic controls. Automobiles, trucks and other vehicles shall be driven at a speed not exceeding five miles per hour. Parking is prohibited on Cemetery roads, except as necessary to per­mit grave visitation and then limited to no more than one-half hour. Funeral visitations shall pursue a continuous course from the entrance to the place of burial and thence to the nearest exit, to avoid interference with other traffic and to minimize the presence of vehicles in the Cemetery.

Rules of decorum. All persons disturbing the quiet and good order of the Cemetery by uttering loud noises, bringing amplified noise onto Cemetery grounds, being disorderly, wearing improper dress or in any other way conducting themselves in any manner viola­tive of the sanctity of Cemetery grounds, and anyone who trespasses upon Cemetery grounds, shall be ejected and may be Subjected to civil or criminal prosecution for any offenses committed. Eating and drinking in the Cemetery is prohibited. Packages shall be checked at the Cemetery office.

Hours of operation. The Cemetery shall be open from 8:00 A.M. to 4:30 P.M. daily, including Sundays and holidays. The Cemetery shall be closed on Saturdays and on certain religious holidays.

Disclaimers of liability.

A. The Cemetery DOES NOT INSURE and DISCLAIMS ALL LIABILITY for damages, including incidental or consequential dam­ages, relating to injury or destruction of monuments, statuary, orna­mental furniture and any other improvements to the plot caused by: vandalism, theft or pilferage, wear and tear, hidden or latent defect, or any quality in the property that causes it to damage or destroy itself; the elements, leakage, wind storm, cold weather, warm weather; cor­rosion, rust, mold, rot dampness or dryness; artificially generated cur­rent creating a short circuit or other electric disturbance and loss there from caused by fire or explosion.

B. The Cemetery DOES NOT INSURE and DISCLAIMS ALL LIABILITY for damages, including incidental or consequential dam­ages, relating to the unexplained disappearance of monuments, stat­uary, ornamental furniture and any other improvements on the plot.

C. The Cemetery DOES NOT INSURE and DISCLAIMS ALL LIABILITY for damages, including incidental or consequential dam­ages, relating to the loss, injury or destruction of monuments, statu­ary, ornamental furniture or any other improvements of the plot, while being installed on the plot or being cleaned or repaired on the plot.

D. In the event that the Cemetery inters a decedent in the wrong interment space, contrary to the instructions of the plotholder or plotholder’s representative, then and in that event, the Cemetery’s lia­bility shall be limited to disinterring and reinterring in the designated interment space, at the Cemetery’s expense. In the event, however, that the proper interment space is for any reason, unavailable for the purpose of disinterring and properly reinterring, then, and in that event, the Cemetery’s responsibility shall be limited to either providing the plotholder with a comparable interment space or refunding of the plotholder the amount paid therefore, with interest computed at the statutory rate and, failing a statutory rate, at 2% per annum from the date of initial purchase. As used herein, “comparable interment space” shall mean an eligible plot of ground of equal size in burial ground in reasonably close proximity to the original interment space.

Transfers for value by plotholders. Plotholders shall not allow interments to be made in their plots for a remuneration nor shall any transfer nor assignment of any plot, nor of any interest therein be valid, without the written consent of the Cemetery endorsed thereon and its subsequent recording upon the Books of Record of Mount Moriah Cemetery at prevailing fee.

Consent of transfers for value may be withheld if any of the following preconditions are not met:

A. The transferee shall agree in writing to retain ownership for personal use rather than for speculative resale;

B. The transferee shall agree in writing to retain ownership for a period of time no less than five (5) years as a further assurance that the interment space is being acquired for personal use and not as a speculative Investment;

C. No more than twenty (20) interment spaces shall be the sub­ject of transfer to one transferee, within a live (5) year period; and

D. The transferee shall acknowledge receipt of the rules and regulations of the Cemetery and agree in writing to abide by same.

Limitation on Liability to repair. In the event that a memorial foundation installed by the Cemetery and paid for by a lot or grave owner or other interested party sinks or otherwise falls into disrepair, causing the memorial immediately above to sink or become unleveled within 10-years from the date of installation, the Cemetery shall, as soon as practical, raise, replace or repair the foundation and proper­ly reset the memorial at its own cost and expense. Subsequent to the aforesaid 10-year period, the Cemetery may charge a lot or grave owner or a responsible interested party, at its actual cost for said rais­ing, replacement or repairing of the foundation and resetting the memorial.

Costs due to error. All costs generated by an error of non­employees of Mount Moriah Cemetery, shall be borne exclusively by such parties.

Future amendments. These rules and regulations or any of them may, without notice, be amended, enlarged or rescinded within the discretion of the Trustees and shall be binding as if of record when the plotholder and his predecessors obtained a signed deed for the interment spaces that are governed by these rules and regulations.