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)