Chapter 30 - HISTORIC AND ARCHAEOLOGICAL PRESERVATION

Footnotes:

--- (1) --- State Law reference— Historic preservation, G.L. 1956, § 42-45-1 et seq.; historic residences, G.L. 1956, § 44-33.1-1 et seq.

ARTICLE I. - IN GENERAL#

Secs. 30-1—30-20. - Reserved.#

ARTICLE II. - BURIAL SITES#

Footnotes:

--- (2) --- State Law reference— Historical cemeteries, G.L. 1956, § 23-18-10.1 et seq.

DIVISION 1. - GENERALLY#

Sec. 30-21. - 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 means the owner of the land on which an archaeological burial site or family cemetery is located for which a permit must be sought for alteration or removal.

Archaeological burial site means an area of land which has been used for the interment of human remains in the prehistoric or distant past. The term "archaeological burial sites" may include American Indian or other ethnic groupings.

Contact period means the era of history during which European and Native American cultures came into contact with one another. In Rhode Island this epoch spans the sixteenth and early seventeenth centuries.

Family cemetery means a 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.

Grave means any site where human remains have been purposefully interred and shall also include grave markers, funerary objects, and associated cultural remains and artifacts. The term "grave" includes mausoleums, crypts or other structures designed to house human remains.

Historic cemetery means any tract of land which has been for more than 100 years used as a burial place, whether or not marked with a historic marker or gravestone, including, but not limited to, ancient burial places known or suspected to contain the remains of one or more persons. A historic cemetery shall also include all archaeological burial sites, family and religious cemeteries (any cemetery owned or maintained by a religious organization.)

Human remains means any parts or remains of deceased persons including skeletal remains or cremated ashes.

Least disruptive means a means of construction, excavation, removal or any other activity which, in the opinion of the state historic preservation commission, has the least overall destructive impact on the grave, human remains or cemetery.

Owner means the owner of a parcel of land.

Prehistoric means pertaining to cultures without written histories.

Religious cemetery means any cemetery owned or maintained by a religious organization.

Religious organization means the organization representing the adherents of any religious society.

Site alteration plan means a document showing in written text and by measured drawing the proposed alteration of a historic cemetery, archaeological burial site or family cemetery, including detailed specifications for alteration, removal and reinterment of human remains.

(Code 2003, § 30-21; Ord. of 2-13-1995, § 3; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-22. - Authority.#

In order to comply with G.L. 1956, ch. 23-18 (G.L. 1956, § 23-18-1 et seq.), the town hereby adopts the following regulations governing the preservation of historic and archaeological burial sites in the town.

(Code 2003, § 30-22; Ord. of 2-13-1995, § 1)

Sec. 30-23. - Purpose of article.#

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, and legacy of our heritage. The town council recognizes that through past archeological findings the town is known to have historic Native American burial grounds and that future disturbance may impact burial sites. It is, therefore, the policy of the town that marked or unmarked prehistoric and historic cemeteries are to be preserved and are not to be altered or removed except as provided for in this article.

(Code 2003, § 30-23; Ord. of 2-13-1995, § 2; Ord. of 5-6-2013, § 1(Exh. A))

State Law reference— Registering historical cemeteries, G.L. 1956, § 23-18-10.1.

Sec. 30-24. - Legal status.#

Nothing in this article should 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 town boards or commissions or agents from otherwise acting within their authority to regulate and protect historical and archaeological cemeteries.

(Code 2003, § 30-24; Ord. of 2-13-1995, § 7)

Sec. 30-25. - Appeal.#

Any person aggrieved by the decision of the town council shall have a right to appeal the decision to the superior court pursuant to G.L. 1956, § 23-18-11.1.

(Code 2003, § 30-25; Ord. of 2-13-1995, § 9)

Secs. 30-26—30-40. - Reserved.#

DIVISION 2. - ALTERATION OR REMOVAL PERMIT#

Sec. 30-41. - Required.#

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 or archaeological burial site or family cemetery without first obtaining a permit to alter or remove from the town council.

(Code 2003, § 30-41; Ord. of 2-13-1995, § 4; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-42. - Conditions for issuance.#

The town council may issue a permit to allow the alteration or removal of historic cemeteries, archaeological cemeteries and/or burials 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; or that such alteration only serves the interests, health, welfare and safety of the public and is not for commercial expediency.

(Code 2003, § 30-42; Ord. of 2-13-1995, § 4; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-43. - Required information.#

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 inch equals 40 feet, showing the boundaries of the property in question, topographical contour intervals of no more than two feet, a surveyed boundary of the cemetery and a setback area of no less than 25 feet, and a proposed plan of all improvements proposed in the site which would necessitate disturbance of the cemetery or archaeological grave site.

(2)

If known, a written description of the cemetery, its age and condition, historical importance, whether the cemetery is a religious, family, organization, publicly owned, a prehistoric or historic archaeological discovery 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.

(3)

A detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, reburial plan, including, in text and drawing, the relocation of graves.

(4)

If a family cemetery, a genealogical study to identify whether descendants of the families of the interred still reside in the state.

(5)

If a religious cemetery, a listing 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 G.L. 1956, ch. 23-18 (G.L. 1956, § 23-18-1 et seq.).

(7)

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 suspend operations and notify the building official, who in turn shall contact the Jamestown Planning Department, state medical examiner and Rhode Island Historic Preservation Commission pursuant to G.L. 1956, ch. 23-18 (G.L. 1956, § 23-18-1 et seq.).

(Code 2003, § 30-43; Ord. of 2-13-1995, § 4; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-44. - Cessation or reduction of construction prior to issuance.#

The town may require the cessation or reduction of construction activities pending preliminary verification by the state medical examiner or historic preservation commission. If the site is verified as a human burial site, work within 25 feet of the site shall be halted unless or until a permit to alter or remove is issued by the town pursuant to the sections of this article.

(Code 2003, § 30-44; Ord. of 2-13-1995, § 4)

Sec. 30-45. - Investigation of area; survey.#

The owner shall be required, at his or 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 state historic preservation commission. A survey report shall be produced incorporating the findings of the investigation in text and graphic form.

(Code 2003, § 30-45; Ord. of 2-13-1995, § 4; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-46. - Engineering plan and site alteration plan required.#

(a)

The applicant shall then submit the report and a detailed engineering plan as in section 30-43(1) of the proposed construction project, and all other activities on the property in question which in the opinion of the applicant necessitates disruption of the cemetery/burial site.

(b)

The applicant shall also submit a detailed site alteration plan proposal of the extent and method of removal of human remains and a reburial plan in text and drawing of the new gravesite.

(Code 2003, § 30-46; Ord. of 2-13-1995, § 4)

Sec. 30-47. - Hearing.#

(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 not less than two weeks prior to the hearing. The Rhode Island Historic Preservation Commission shall simultaneously be notified, and an advisory opinion shall be requested of pertinent town staff and the state historical preservation commission.

(b)

Notice to interested parties.

(1)

In the event of archaeological burials, prehistoric burials and historic Native American graves, the town shall cause the tribal council and the Narragansett Indian and Anthropological Committee (Tribal Historic Preservation Office) of the Narragansett Tribe to be notified by regular mail of the subject, date and time.

(2)

If an application involves the cemetery of an extant religious society, such society shall be so notified by regular mail.

(3)

If the application involves a family cemetery, the interred of which have living lineal descendants, the applicant, at his expense, shall make all reasonable efforts to notify lineal descendants, which efforts shall include sending notice to descendants via first class mail, and publication of the notice in a newspaper of statewide circulation at least once per week for two successive weeks prior to the hearing.

(c)

Burden of proof. At the hearing, the applicant shall prove to the satisfaction of the town council that the applicant has examined all alternatives and has demonstrated that no prudent and feasible alternative to the proposed alteration is possible.

(Code 2003, § 30-47; Ord. of 2-13-1995, § 5; Ord. of 5-6-2013, § 1(Exh. A))

Sec. 30-48. - Final action.#

The town council shall conduct a public hearing on the proposed project, and shall render a decision approving, denying or approving with reasonable conditions the proposed site alteration plan, and may set other requirements of the applicant deemed sufficient to carry out the purposes of G.L. 1956, ch. 23-18 (G.L. 1956, § 23-18-1 et seq.).

(Code 2003, § 30-48; Ord. of 2-13-1995, § 6)