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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)