[HISTORY: Adopted by the Town Council of
the Town of Westerly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 8-81
through 8-88 of the 1991 Code (Ch. No. 1103)]
In order to comply with Title 23, Chapter 18,
of the Rhode Island General Laws, the Town hereby 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 for in this article.
As used in this article, the following terms
shall have the meanings indicated:
The owner of the land on which an archaeological burial site
or family cemetery is located or which a permit must be sought for
alteration or removal.
An area of land which has been used for the interment of
human remains in the prehistoric or distant past. Archaeological burial
sites may include American Indian or other ethnic groupings.
An 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.
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.
Any tract of land which has been for more than 100 years
used 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 American
Indians. For the purposes of this article "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.
A means of construction, excavation, removal, or any other
activity which, in the opinion of the Rhode Island Historical Preservation
and Heritage Commission, has the least overall destructive impact
on the grave, human remains, or cemetery.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
The Town of Westerly, Rhode Island, its agents or officers.
A.Â
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,
archaeological burial site or family cemetery without first obtaining
thereafter a permit to alter or remove from the Town Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 such 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 by a licensed professional
registered land surveyor or professional engineer as applicable, at
a minimum scale of one inch equals 50 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 which would 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 the state.
(5)Â
In the event of a religious cemetery, a listing of
the religious organization that owns or maintains the cemetery.
(6)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 23-18-1 et seq.
(7)Â
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 notify
the Building Official, who in turn shall contact the State Medical
Examiner and Rhode Island Historical Preservation and Heritage Commission
(RIHPHC), pursuant to RIGL 23-18-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.Â
The owner shall be required at his/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 RIHPHC. A survey report shall be produced incorporating the
findings of the investigation in text and graphic form.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.Â
The applicant shall then submit the report and a detailed engineering plan as in Subsection C(1) above 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.
G.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 for a period of not less than two weeks prior to the hearing.
The RIHPC shall simultaneously be notified and an advisory opinion
shall be requested of pertinent Town staff.
B.Â
Notice to interested parties.
(1)Â
In the event of archaeological burials and historic
Native American graves, the Town shall cause the Tribal Council of
the pertinent tribe to be notified by regular mail of the subject,
date and time.
(2)Â
In the event an application involves the cemetery
of an extant religious society, such society shall be so 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/her expense shall make all reasonable efforts to notify lineal
descendants, which efforts may include sending notice to descendants
via first-class mail, or publication of the notice in state-wide newspapers
(circulation in Rhode Island) and New London County, Connecticut,
at least once per week for two 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:
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 purpose of RIGL 23-18-1 et seq.
Nothing in this article 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.
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.
