Sec. 6-4. - Regulations for excavating around cemeteries.
Part of the Code of Ordinances of West Warwick, RI.
The text
The town shall not permit construction, excavation or other ground disturbing activity within 25 feet of a recorded historic cemetery, except in compliance with the following provisions: (1)
A written application must be filed with the town engineer with a payment of a review fee, to be set from time to time by resolution of the town council, and the proposed construction or excavation has been reviewed and approved by the town engineer;
(2)
The applicant must ensure the boundaries of the cemetery are adequately documented and provide written analysis that there is no reason to believe additional graves exist outside the recorded cemetery. In addition, a written statement by a licensed engineer must document that the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or
(3)
Whenever an unmarked cemetery or human skeletal material is inadvertently located during any construction, excavation, or other ground disturbing activity, including archaeological excavation, the building official of the town shall be immediately notified. The building official shall, in turn, notify the state medical examiner and the state historic preservation commission if the grave, cemetery, or skeletal material appears to be historic. Prior to the continuation of any further construction, excavation, or other ground disturbing activity, and unless the provisions of G.L. 1956, § 23-18-7 shall apply, the property owner shall undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and shall so inform the building official. In the event that the cemetery meets the criteria for a historic cemetery, the building official shall so advise the recorder of deeds of the town who shall record and register the cemetery in accordance with the provisions of G.L. 1956, § 23-18-10.1.
(Code 1970, § 6-4; Ord. No. 2007-10, 6-5-2007; Ord. No. 2013-46, 10-1-2013)