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)