The text
Footnotes:
--- (1) --- Editor's note— Ch. 119, §§ 1—11, adopted Jan. 19, 1993, did not specifically amend the Code and has been included herein as superseding the provisions of former Ch. 7, §§ 7-1—7-6 relative to historic preservation, which derived from Ch. 33, §§ 1—6, adopted March 5, 1973 and Ch. 112, adopted Nov. 18, 1991.
Cross reference— Administration, Ch. 2; conservation commission created to promote and develop natural resources, natural aesthetic areas, open areas, streams, shores, etc., § 2-66 et seq.; planning commission created, § 2-111 et seq.; Hopkinton Land Trust, § 2-208 et seq.; buildings and building regulations, Ch. 5.
ARTICLE I. - IN GENERAL#
Sec. 7-1. - Authority.#
This chapter is adopted in accordance with R.I.G.L., title 45-24.1, as amended (1988 amendment), which: (a)
Declares the preservation of structures of historic or architectural value to be a public purpose;
(b)
Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city and town;
(c)
Provides for definitions of terms used in historical area zoning; and
(d)
Establishes a uniform procedure regarding historical area zoning.
(Ch. 119, § 1, 1-19-93)
Sec. 7-2. - Legislative intent.#
The regulations in this chapter have been adopted to preserve districts and specific buildings of the town which reflect elements of its cultural, social, economic, political and architectural history. This chapter is designed to stabilize and improve property values in such historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and specific buildings for the education, pleasure and welfare of the residents of the town.
This chapter is adopted to: (a)
Safeguard the heritage of the town by preserving one (1) or more historic districts and other designated structures of historic or architectural value in the town which reflect elements of Hopkinton's cultural, social, economic, political, and architectural history;
(b)
Stabilize and improve property values in established historic districts and of designated structures of historic and architectural value;
(c)
Maintain and foster the character and beauty of Hopkinton; and
(d)
Promote the use of historic districts and other designated structures for the education, pleasure, and welfare of the citizens of Hopkinton.
(Ch. 119, § 2, 1-19-93)
Sec. 7-3. - Definitions.#
The following terms shall have the following respective meanings:
Alteration. An act that changes one (1) or more of the exterior architectural features or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance.
Appurtenances. Features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.
Certificates of appropriateness. A certificate issued by the Town of Hopkinton Historic District Commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate, for the purpose of passing upon an application for a certificate of appropriateness, means not incongruous with those aspects of the structure, appurtenances, or the district which the Hopkinton Historic District Commission has determined to be historically or architecturally significant.
Construction. The act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes, and retaining walls.
Demolition. An act or process that destroys a structure or its appurtenances in part or in whole.
Historic district. A specific division of the Town of Hopkinton as designated by ordinance of the town pursuant to this chapter. A historic district may include one (1) or more structures.
Removal. The relocation of a structure on its site or to another site.
Repair. A change meant to remedy damage or deterioration of a structure or its appurtenances.
Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.
(Ch. 119, § 3, 1-19-93)
Sec. 7-4. - Designation of historic districts.#
(a)
For the purposes of this chapter, the boundaries of historic districts are established as shown on a map entitled "Historic District Map," which map is filed in the office of the town clerk. Such map is hereby incorporated as a part of this chapter.
(b)
It is the intent of this chapter that historic property owned by the town within the boundaries of designated historic districts as shown on the "Historic District Map" shall not be exempt from the provisions of this chapter.
(Ch. 119, § 4, 1-19-93)
Sec. 7-5. - Historic district commission.#
(a)
Establishment. There is hereby established a Hopkinton Historic District Commission to carry out the purpose of this chapter.
(b)
Membership and appointment.
(1)
The Hopkinton Historic District Commission shall consist of five (5) qualified members, residents of the town, to be appointed by the town council president, with the consent of the council. When possible, two (2) of the members shall be residents of an historic district designated under this chapter. Members shall be appointed for three-year terms, except that the initial appointments of some of the members shall be for less than three (3) years to the end that the initial appointments shall not reoccur at the same time. Members shall be eligible for reappointment.
(2)
Members of the commission shall have a demonstrated interest in historic preservation. Duly organized and existing preservation societies may present to the town council president lists of qualified citizens to be considered for appointment.
(3)
The town council president shall have the right to name two (2) auxiliary members of the commission in addition to the regular members, which auxiliary member shall sit as an active member, upon the request of the chairman of the commission when and if a regular member of the commission is unable to serve at any meeting of the commission.
(4)
In the event of a vacancy on the commission, the town council president shall promptly make an interim appointment, with the consent of the council, for the remainder of the unexpired term. Vacancies on the commission shall be filled within ninety (90) days.
(c)
Organization of the Hopkinton Historic District Commission.
(1)
The commission shall organize annually and, by election, shall select from its membership a chairman, a vice-chairman and a secretary.
(2)
The commission shall:
a.
Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this chapter; and
b.
Adopt and publish standards of review (which shall be in harmony with the Secretary of the Interior's "Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended," within twelve (12) months following the adoption of this chapter to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments.
c.
Such rules, procedures and standards and any additions and amendments thereto shall be submitted of the town council for its approval and shall, thereon, become part of this chapter.
(3)
Conduct of business:
a.
The chairman shall preside over all commission meetings and shall have the right to vote.
b.
The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.
c.
All meetings of the commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.
d.
The secretary shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view at the office of the town clerk.
e.
Notice of the commission meetings shall appear in a newspaper of general circulation in the town seven (7) days prior to such meetings.
f.
Four (4) members shall constitute a quorum. No fewer than four (4) of the members present shall be necessary for either approval or rejection of any plans before the commission for review and for establishing or amending commission rules, regulations and standards of review.
(d)
Powers and procedures:
(1)
Certificate of appropriateness required.
a.
Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated historic district, the owner must apply for and receive a certificate of appropriateness from the Hopkinton Historic District Commission approving such construction, alteration, repair, removal or demolition.
b.
In applying for a certificate of appropriateness, a property owner must comply with the application procedures as established by the commission pursuant to R.I.G.L., chapter 45-24.1, as amended, and the provisions of this chapter.
c.
A certificate of appropriateness is necessary only if a building permit is required for such construction, alteration, repair, removal or demolition. The building inspector may not issue a permit until the commission has granted a certificate of appropriateness.
(2)
Application for certificate of appropriateness:
a.
Applications for certificates of appropriateness shall be filed with the commission at the office of the building inspector.
b.
The commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition, which may include but are not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the commission and set forth in the commission's rules and regulations adopted pursuant to this chapter.
c.
In reviewing the applications and plans, the commission shall give consideration to:
1.
The historic and architectural significance of the structure and its appurtenances;
2.
The way in which the structure and its appurtenances contribute to the historical and architectural significance of the historic district:
3.
The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans; and
4.
The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.
d.
All decisions of the Hopkinton Historic District Commission shall be in writing. The commission shall articulate and explain the reasons and bases of each decision on a record, and in the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision to the applicant.
e.
The following are special considerations regarding valuable historic resources and demolition:
1.
In the case of an application for construction, repair, or alteration, removal, or demolition affecting the exterior appearance of a structure or its appurtenances, which the commission deems so valuable to the town, the state or nation that the loss thereof will be a great loss to the town, state or nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
2.
Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure to any purchaser willing to preserve such structure, the commission shall file with the building inspector its rejection of such application.
3.
Unless the commission votes to issue a certificate of appropriateness for such construction, alteration, and repair, removal and demolition, the commission shall file with the building inspector its rejection of such application.
4.
In the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one (1) year after such rejection.
5.
In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the building inspector its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the proceeding paragraph are in existence, or if:
i.
Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
ii.
Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
iii.
The preservation of such structure would not be in the best interest of the majority of the community.
6.
When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alterative to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission also shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure and whether the owner has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
(Ch. 119, § 5, 1-19-93)
Sec. 7-6. - Failure of the commission to act.#
The failure of the Hopkinton Historic District Commission to act within forty-five (45) days from the date of a completed application filed with it shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the commission. In the event, however, that the commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid period of forty-five (45) days, then and in said event, the commission shall have a period of up to ninety (90) days within which to act upon such application.
(Ch. 119, § 6, 1-19-93)
Sec. 7-7. - Advisory role.#
In order to assist the town, its agencies, boards, commissions, staff, and council on matters of historic preservation, the commission may provide its expertise and advise as appropriate.
(Ch. 119, § 7, 1-19-93)
Sec. 7-8. - Exceptions.#
Nothing in this chapter shall be construed to prevent painting, routine maintenance or repair of any structure within a historic district, provided that such maintenance or repair does not result in any change of design, type of materials, or appearance of the structure or appurtenance; nor shall anything in this chapter be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the building official prior to the passage of this chapter.
(Ch. 119, § 8, 1-19-93)
Sec. 7-9. - Equitable actions.#
Where there is a violation of any of the provisions of this chapter or of any action taken thereunder, the building inspector, through the town solicitor, shall institute an appropriate action to prevent, enjoin, abate or remove such violation.
(Ch. 119, § 9, 1-19-93)
Sec. 7-10. - Appeals.#
Any person aggrieved by a decision of the Hopkinton Historic District Commission shall have the right to appeal such decision to the zoning board of review. When hearing appeals from the commission decisions, the zoning board of review shall not substitute its own judgement for that of the commission, but must consider the issue upon the findings and the record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission. Any person aggrieved by a decision of the zoning board of review on a matter appealed under this chapter may apply to the Superior Court of Rhode Island.
(Ch. 119, § 10, 1-19-93)
Sec. 7-11. - Enforcement.#
In addition to any penalties otherwise applicable for violations of this chapter, the town may bring an action against any property owner who fails to comply with the requirements of this chapter. Such actions shall be brought, at the election of the town, in the superior court having jurisdiction where the violation occurred or is likely to occur or in the Hopkinton Municipal Court. The town may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.
(Ch. 119, § 11, 1-19-93; Ch. 205, § 1, 10-15-07)
Secs. 7-12—7-25. - Reserved.#
ARTICLE II. - PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL BURIAL SITES#
Footnotes:
--- (2) --- Editor's note— Ch. 142, §§ I—VII, adopted January 21, 1997, did not specifically amend the Code. Therefore, such ordinance has been added as Art. II, §§ 7-26—7-32 at the editor's discretion.
Sec. 7-26. - Authority.#
In order to comply with Title 23, Chapter 18, Section 11.1, of the Rhode Island General Laws, the Town of Hopkinton hereby adopts the following regulations governing the alteration or removal of historic cemeteries located in the Town of Hopkinton.
(Ch. 142, § I, 1-21-97)
Sec. 7-27. - Purpose.#
The town council finds that historic and archaeological gravesites possess archaeological and scientific value, often are of great artistic, cultural and religious significance, and represent for all cultures a respect for the sanctity of human life. It is, therefore, the policy of the Town of Hopkinton that marked or unmarked historic cemeteries are to be preserved and are not to be altered or removed except as provided for in this article.
(Ch. 142, § II, 1-21-97)
Sec. 7-28. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant shall mean the owner of the land on which an archaeological burial site or family cemetery is located or which a permit must be sought for alteration or removal.
Archaeological burial site shall mean an area of land which has been used for the interment of human remains in the prehistoric or distant past. Archaeological burial sites may include Native American or other ethnic groupings.
Family cemetery shall mean an historic cemetery which is not associated with a specific religious organization but which is the site of burial for persons related by blood, marriage or household.
Historic cemetery shall mean any tract of land which has been for more than one hundred (100) years used as a burial place, whether or not marked with an historic marker or gravestone, including but not limited to ancient burial places known or suspected to contain the remains of one (1) or more Native Americans. For the purposes of this article "historic cemetery" shall also include an area twenty-five (25) feet in width around the perimeter of the cemetery.
Human remains shall mean any parts or remains of deceased persons, including skeletal remains or cremated ashes.
Grave shall mean any site where human remains have been purposefully interred. The term shall also include grave markers, funerary objects, and associated cultural remains and artifacts. A grave shall include mausoleums, crypts or other structures designed to house human remains.
Least disruptive means shall mean a means of construction, excavation, removal, or any other activity which, in the opinion of the state preservation commission, has the least overall destructive impact on the grave, human remains, or cemetery.
Owner shall mean the owner of a parcel of land.
Religious cemetery shall mean any cemetery owned or maintained by a religious organization.
Religious organization shall mean the organization representing the adherents of any religious society.
Site alteration plan shall mean a document showing in written text and by drawing the proposed alteration of an historic cemetery, archaeological burial site or family cemetery, including detailed specifications for alteration, removal, and reinterment of human remains.
Town shall mean the Town of Hopkinton, State of Rhode Island, its agents or officers.
(Ch. 142, § III, 1-21-97)
Sec. 7-29. - Regulations regarding historical, archaeological or family cemeteries or burial sites.#
(a)
It shall be unlawful for any person to disturb, disrupt, excavate, deposit fill in or on, remove or destroy grave markers, burial objects or buried human remains, or conduct any other activities which would damage or diminish the integrity of any historic cemetery, archaeological burial site or family cemetery without first obtaining thereafter a permit to alter or remove from the town council.
(b)
The town council may issue a permit to allow the alteration or removal of historic cemeteries, archaeological cemeteries or family cemeteries only after concluding, based on evidence submitted to the council at a public hearing, that all alternatives to the proposed activity have been examined and that no prudent and feasible alternative to the proposed activity exists and that such alteration or removal serves the interests of public health, safety and welfare.
(c)
In order for the town council to clearly assess the proposed project, the following information shall be submitted unless otherwise required by the town council:
(1)
Detailed site plans drawn to scale by a licensed professional registered land surveyor or professional engineer as applicable, at a minimum scale of one (1) inch equals fifty (50) feet, showing the boundaries of the property in question, topographical contour intervals of no more than one (1) foot, a surveyed boundary of the cemetery and a setback area of no less than twenty-five (25) feet, and a proposed plan of all improvements proposed on the site which would necessitate disturbance of the cemetery.
In order to accomplish this work, the owner shall be required at his/her expense to conduct an archaeological investigation of the area to establish the boundaries of the cemetery/burial sites via the least disruptive means feasible. The least disruptive means shall be determined in consultation with the RIHPC. A survey report shall be produced incorporating the findings of the archeological investigation in text and graphic form.
The applicant shall submit the site plans, proposed construction project plan, results of archeological investigation and survey report, and shall identify all activities on the property in question which, in the opinion of the applicant, necessitate disruption of the cemetery/burial site.
(2)
The applicant shall also submit its plan setting forth the proposed extent and method of removal of human remains and a proposed reburial plan in text and drawing of the new gravesite.
(3)
If known, a written description of the cemetery, its age and condition, historical importance, whether the cemetery is religious, family, organization, publicly-owned or other kind of cemetery, a listing of names and vital dates of those interred as may be determined from grave markers on site, and a cemetery plan indicating position of graves and, to the extent possible, the identities of those interred.
(4)
In the event of a family cemetery, a genealogical study to identify the descendants of the families of the interred or a sworn statement outlining efforts made to locate such descendants if descendants were unable to be identified.
(5)
In the event of a religious cemetery, identification of the religious organization that owns or maintains the cemetery.
(6)
Any further information and study the town council deems necessary to complete its consideration of the request to alter a cemetery in compliance with section 23-18 of the Rhode Island General Laws.
(d)
As to previously unknown or archaeological cemeteries and burial sites, once a discovery of a previously unknown burial site is made or suspected, the owner or contractor shall immediately notify the building inspector, who in turn shall contact the state medical examiner and Rhode Island Historic Preservation Commission (RIHPC), pursuant to section 23-18 of the Rhode Island General Laws.
(e)
The Town of Hopkinton shall require the cessation of construction activities pending preliminary verification by the state medical examiner or RIHPC. If the site is verified as a human burial site, work within twenty-five (25) feet of the site shall be halted unless or until a permit to alter or remove is issued by the Town of Hopkinton pursuant to these regulations.
(Ch. 142, § IV, 1-21-97)
Sec. 7-30. - Notice.#
(a)
Public notice. Upon receipt of the required documents, the town council shall set the date of hearing and cause the matter to be publicly advertised at the applicant's expense in a local newspaper for a period of not less than two (2) weeks prior to the hearing. The RIHPC shall simultaneously be notified and an advisory opinion shall be requested of pertinent Town of Hopkinton staff.
(b)
Notice to interested parties.
(1)
In the event of archaeological burials and historic Native American graves, the Town of Hopkinton shall cause the tribal council of the pertinent tribe to be notified by regular mail of the subject of the hearing, the date and time, such notice to be deposited in the mail not less than two (2) weeks prior to the hearing date.
(2)
In the event an application involves the cemetery of an extant religious society, such society shall be notified by regular mail of the subject of the hearing, the date and time, such notice to be deposited in the mail not less than two (2) weeks prior to the hearing date.
(3)
In the event the application involves a family cemetery, the interred of which have living lineal descendants, the applicant at his/her expense, shall make all reasonable efforts to notify lineal descendants, which efforts may include sending notice to descendants via first class mail, or such publication of notice as the town council shall order.
(4)
At the hearing the town council shall order such other notice to parties the town council determines may be interested in the proposed alteration or removal by virtue of such party's status as a governmental health or historic preservation authority, or as a private or nonprofit historical, genealogical or civic organization, or, in the case of Native American cemeteries and burial grounds, the appropriate tribal organization.
After due consideration of the case presented by the applicant as well as that information presented by other parties notified pursuant to this section, the town council may grant the application to alter or remove the historic cemetery in whole or in part, under the supervision of an archaeologist and with such restrictions and stipulations as it deems necessary to effectuate the purposes of G.L. § 23-18-11.1, or deny the application in its entirety.
(Ch. 142, § V, 1-21-97)
Sec. 7-31. - Appeal.#
Any person aggrieved by the decision of the town council shall have a right to appeal the decision pursuant to G.L. § 23-18-11.1.
(Ch. 142, § VI, 1-21-97)
Sec. 7-32. - Applicability.#
Nothing in this article shall be construed to prohibit the routine maintenance and repair of historical gravesites or the use of historic cemeteries as places of interment, nor shall it be construed to preclude the boards or commissions or agents of the Town of Hopkinton or the State of Rhode Island from otherwise acting within their authority to regulate and protect historical and archaeological cemeteries.
(Ch. 142, § VII, 1-21-97)