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Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[Adopted 1-9-2017 by Ch. No. 1879]
This article is intended to create an incentive for property owners to preserve historical cemeteries located in Westerly, recognizing they are a cultural resource and their proper care helps preserve the rural character of the Town.
As used in this article, the following terms shall have the meaning indicated:
COMMITTEE
The Westerly Conservation Commission.
HISTORICAL CEMETERY
A piece of land set aside to bury human remains more than 100 years ago.
OWNER
All owners of property containing a historical cemetery.
A. 
The owner of property with an eligible historical cemetery may apply, on a voluntary basis, to the Westerly Conservation Commission for a certificate of appropriateness for his or her cemetery. The application must include documentation of ownership of lot but not limited to:
(1) 
Recorded deeds that contain a reference to the cemetery; or
(2) 
A chain of title search which identifies the original owner.
B. 
Upon receipt of an application, the Committee shall first determine whether the cemetery meets the definition of an "historical cemetery" as set forth in this article. If the Committee determines that the cemetery meets the definition of an "historical cemetery" as set forth above, it shall issue a certificate to the owner of the cemetery certifying its historic status.
A. 
Upon certification by the Committee as an historical cemetery, the owner of the property shall be eligible for a property tax abatement annually for the preservation and maintenance of the historical cemetery.
B. 
The property owner shall apply for the abatement with the Tax Assessor by filling out a form prepared by the Tax Assessor for said abatement as well as presenting the certification by the Committee that the cemetery is an historic one. Once applied for, the owner of the property shall not be required to renew the application on an annual basis.
A. 
If the owner of the property with the historical cemetery fails to maintain the cemetery, the owner shall forfeit the property tax abatement as set forth above. Upon forfeiture, subsequent payments shall be adjusted and billed for the full tax obligation of the property without benefit or reference to the tax abatement.
B. 
It shall be the duty of the Committee to annually inspect the certified historical cemetery to determine whether it has been maintained.
A. 
The Tax Assessor shall provide the abatement set forth above pursuant to RIGL 44-3-63.
B. 
The tax abatement shall be in an amount not exceeding $100.
C. 
Any applications for the tax abatement authorized by this article filed after April 15 of any year and subsequently approved by the Tax Assessor shall not be operative until the year succeeding said filing, and the tax abatement shall become effective as of December 31 following the date of filing.