ARTICLE IV. - HISTORICAL AND ARCHAEOLOGICAL CEMETERIES AND BURIAL SITES

Sec. 10-91. - Authority.#

In compliance with Title 23, Chapter 18 of the Rhode Island General Laws, the town hereby adopts the following regulations and standards to govern the protection of historic and archaeological cemeteries within the town.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-92. - Purpose.#

The town council recognizes that cemeteries and burial sites possess historic, archaeological, cultural and religious significance and represent for all cultures a respect for the sanctity of human life and a legacy of the community's heritage. It is therefore the policy of the town that marked and unmarked historic and archaeological cemeteries are not to be disrupted or disturbed except as provided for in this article.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-93. - Definitions.#

Disrupted or disturbed includes any excavation, depositing of fill on, or the filling in of a cemetery or burial site or other ground disturbing activity, and the destruction or removal of a grave marker, burial object or human remains.

Historic cemetery means any tract of land which has been for more than 50 years used as a burial place, whether or not marked with an historic marker, including but not limited to ancient burial places known or suspected to contain the remains of one or more Native Americans.

Least disruptive means refers to the method of construction, excavation, removal or other activity which has the least overall destructive impact on the cemetery, burial site, or human remains.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-94. - Regulation of excavation and construction around cemeteries.#

(a)

It shall be unlawful for any person to cause or permit construction, excavation or other ground disturbing activity within 25 feet of an historic cemetery located in the town except in compliance with the following provisions:

(1)

The historic cemetery has been recorded by the town building official on the plat map filed with the tax assessor and in accordance with the provisions of R.I.G.L. section 23-18-10.1;

(2)

The boundaries of the cemetery are documented in accordance with the provisions of this article; and

(3)

The town council is satisfied that (i) no additional graves exist outside the recorded cemetery and (ii) the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling or other possible encroachment.

(b)

The requirements in subsection (a) shall not apply if the proposed construction or excavation activity is reviewed and approved by the town council pursuant to Section 23-18-11.1 of the Rhode Island General Laws and the standards set forth in this article on the alteration or removal of an historic cemetery.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-95. - Discovery of unmarked cemetery or human skeletal material.#

(a)

Whenever an unmarked cemetery or human skeletal material is located inadvertently during construction, excavation or other ground disturbing activity, including archaeological excavation, the property owner or contractor shall (i) immediately suspend operations, (ii) notify the town building official, who in turn shall notify the Bristol Police, the state medical examiner and the Rhode Island Historical Preservation Commission pursuant to R.I.G.L. 23-18-11, and (iii) undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and so inform the building official who shall promptly record it on the tax assessors plat maps.

(b)

The town shall require the cessation of all ground disturbing activities pending verification by the state examiner and state historical preservation commission that the discovery is a human burial site or historic cemetery. If the site is verified as a historic cemetery, work within 25 feet of the site shall be halted until compliance with the provisions of section 10-94 of this article.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-96. - Alteration or removal of an historic cemetery.#

(a)

Pursuant to R.I.G.L. 23-18-11.1, the town council may issue a permit to allow the alteration or removal of an historic or archaeological cemetery or burial site if the town council is satisfied that:

(1)

The applicant has examined all alternatives and that no prudent and feasible alternative to the proposed alteration is possible;

(2)

The alteration or removal of the historic cemetery serves the interests of public health, safety and welfare and is not for commercial expediency alone;

(3)

The applicant has conducted an archaeological investigation of the historic cemetery pursuant to this article and has determined the actual boundaries of the cemetery;

(4)

Due consideration has been given to the rights of the descendants of the interred;

(5)

Suitable arrangements have been made for the reinterment of all human remains and burial objects on similarly situated property within the town under the supervision of an archaeologist; and

(6)

Any other requirement which the town council finds reasonably necessary.

(b)

The applicant shall provide the following items for the town council's consideration.

(1)

A completed application provided by the town building official;

(2)

A written description of the cemetery including its age and condition, historical and archaeological significance, whether it is a religious, family, organizational, or publically owned cemetery or burial site;

(3)

The names and vital dates of those interred as may be determined from the grave markers on the site and a cemetery plan indicating the position of graves and to the extent possible the identities of the interred;

(4)

A detailed site plan drawn by a licensed surveyor and at a minimum of 1":50', showing the boundaries of the property in question, existing topography, a surveyed boundary of the cemetery and a set back area of no less than 25 feet;

(5)

A detailed site alteration plan indicating the extent of disruption of the cemetery, proposed methods of removal of human remains, and/or any proposed improvements on the site which would necessitate disturbance of the historic cemetery, or grave site; and

(6)

A detailed reburial plan describing the relocation of grave markers and sculpture, burial objects, tombs, and human remains.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-97. - Notice to interested parties.#

The town shall provide for the notification and participation in the permitting process of any person or organization which may be interested in any proposed alteration or removal including the Rhode Island Historical Preservation Commission, the Bristol Historic District Commission, any other private or non-profit historical, genealogical, religious or civic organizations, and any known living lineal descendants of the interred. In the event that a site contains archaeological, prehistoric, or Native American burials, the Narragansett Indian Tribal Historic Preservation Office or other appropriate tribal organization shall be notified.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-98. - Documenting the boundaries of an historic cemetery.#

Whenever a property owner shall be required to conduct an archaeological investigation to es tablish the boundaries of the cemetery using the least disruptive means feasible, and at his or her own expense. The least disruptive means shall be determined in consultation with the Rhode Island Historical Preservation Commission and the Bristol Historic District Commission. A survey report shall be produced incorporating the findings of the investigations in both text and graphic form and shall be provided to the building official.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-99. - Town council action.#

The town council shall conduct a public hearing on any proposed alteration or removal of an historic cemetery or burial site, and shall render a decision approving, denying or approving with reasonable conditions any proposed site alteration and reburial plans, and may set other requirements as deemed reasonable to carrying out the purposes of Title 23, Chapter 18 of the Rhode Island General Laws.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-100. - Legal status.#

Nothing in this chapter shall be construed to prohibit the use of historic cemeteries as places of interment or the routine maintenance and repair of historical grave sites.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-101. - Penalties.#

Any person acting in violation of this article shall be subject to a fine of $250.00. Each day that such violation continues shall constitute a separate offense. The provisions of this section shall be considered in addition to any penalty imposed for the desecration or vandalism of a cemetery or burial site pursuant to Title 23, Chapter 18.2 of the Rhode Island General Laws.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-102. - Appeal.#

Any person aggrieved by the decision of the town council shall have a right to appeal the decision to the Rhode Island Superior Court pursuant to section 23-18-11.1 of the Rhode Island General Laws.

(Ord. No. 1999-21, 10-27-99)

Sec. 10-103. - Severability.#

If any section, clause, provision or portion of this article shall be held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of any other section clause, provision or portion of the chapter.

(Ord. No. 1999-21, 10-27-99)