[HISTORY: Adopted by the Town Council of the Town of Glocester 4-16-2009, effective 4-16-2009. Amendments
noted where applicable.]
In order to comply with the Rhode Island General Laws, Title
23, Chapter 18, the Town adopts the following regulations governing
the preservation of historic and archaeological burial sites in the
Town.
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 that marked or unmarked historic cemeteries are to be
preserved and are not to be altered or removed except as provided
in this section. Nothing in this section shall be construed to violate
any provision of the Native American Graves Protection and Repatriation
Act (NAGPRA).
As used in this chapter, the following terms shall have the
meanings indicated:
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.
An area of land that has been used for interment of human
remains in precontact or distant past. Archaeological burial sites
may include Native American or other ethnic groupings.
An historic cemetery that is not associated with a specific
religious organization but that is the site of burial for persons
related by blood, marriage or household.
Any tract of land that was used more than 100 years ago 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 or more Native Americans. For the purpose
of this chapter, "historic cemetery" shall also include an area 25
feet in width around the perimeter of the cemetery.
Any parts or remains of deceased persons, including skeletal
remains or cremated ashes.
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.
A means of construction, excavation, removal or any other
activity that, in the opinion of the Rhode Island Historical Preservation
and Heritage Commission (RIHPHC), has the least overall destructive
impact on the grave, human remains or cemetery.
The owner of a parcel of land.
Any cemetery owned or maintained by a religious organization.
The organization representing the adherents of any religious
society.
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.
A.Â
It shall be unlawful for any person to disturb, excavate, deposit,
fill in or on, remove or destroy grave markers, burial objects or
buried human remains, or conduct any other activities that would damage
or diminish the integrity of any historic cemetery or archaeological
burial site or family cemetery without first obtaining a permit from
the Glocester Town Council to alter or remove said cemetery.
B.Â
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 or that said alteration only serves the
interests, health, welfare and safety of the public and is not for
commercial expediency.
C.Â
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)Â
Detailed site plans drawn to scale and stamped by a registered land
surveyor 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 one foot, a surveyed boundary of the cemetery and
a setback area of no less than 25 feet, and a proposed plan of all
improvements proposed on the site that necessitate disturbance of
the cemetery;
(2)Â
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;
(3)Â
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)Â
In the event of a family cemetery, a genealogical study to identify
whether descendants of the families of the interred still reside in
Rhode Island;
(5)Â
In the event of a religious cemetery, a listing of the religious
organization that owns or maintains the cemetery;
(6)Â
Permittees should follow the provisions of NAGPRA;
(7)Â
Any further information and study the Town Council deems necessary
to complete its consideration of the request to alter a cemetery in
compliance with RIGL Chapter 23-18;
D.Â
Previously unknown archaeological cemeteries and burial sites.
(1)Â
Once a discovery of a previously unknown burial site is made or suspected,
the owner or contractor shall immediately notify the Building Inspector,
who shall in turn contact the State Medical Examiner and State Historical
Preservation and Heritage Commission (RIHPHC) pursuant to RIGL Chapter
23-18.
(2)Â
The Town shall require the cessation of construction activities,
pending preliminary verification by the State Medical Examiner or
RIHPHC. 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 these regulations.
(3)Â
The owner shall be required at his or her expense to have an archaeological investigation of the area conducted by an archaeologist approved by the RIHPHC 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 RIHPHC. A survey report shall be produced incorporating the findings of the investigation in text and graphic form. The applicant shall then submit the report and a detailed survey plan as in Subsection C(1) of this section of the proposed construction project, and all other activities on the property in question that in the opinion of the applicant necessitates disruption of the cemetery/burial site.
(4)Â
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.
A.Â
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 not
less than two weeks prior to the hearing. The RIHPHC and Tribal Historical
Preservation Officer shall simultaneously be notified and an advisory
opinion shall be requested of the Planning Board.
B.Â
Notice to interested parties.
(1)Â
In the event of archaeological burials and historic Native American
graves, the applicant shall cause the Tribal Council of the Wampanoag
and Narragansett tribes to be notified by regular mail of the subject,
date and time of the public hearing.
(2)Â
In the event an application involves the cemetery of an extant religious
society, said society shall be notified by regular mail.
(3)Â
In the event the application involves a family cemetery, the interred
of which have living lineal descendants, the applicant, at his or
her expense shall make all reasonable efforts to notify lineal descendants,
including sending notice to descendants via certified mail, or publication
of the notice in a daily newspaper of statewide circulation at least
once per week for three successive weeks prior to the hearing.
C.Â
Burden of proof. At the hearing, the applicant shall prove to the
satisfaction of the Town Council that:
D.Â
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 RIGL 23-18 et seq.
E.Â
Legal status. Nothing in this section 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
from otherwise acting within their authority to regulate and protect
historical and archaeological cemeteries.
F.Â
Severability. If any section, clause, provision or portion of this
section shall be held invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of constitutionality
of any other section, clause, provision or portion of this section.
G.Â
Appeal. Any person aggrieved by the decision of the Town Council
shall have a right to appeal the decision to Superior Court pursuant
to RIGL § 23-18-11.1.
H.Â
Penalty. Any person convicted of violating this section shall be
subject to a fine of not more than $250.
