[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:
APPLICANT
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.
ARCHAEOLOGICAL BURIAL SITE
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.
FAMILY CEMETERY
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.
GRAVE
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.
HISTORIC CEMETERY
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.
HUMAN REMAINS
Any parts or remains of deceased persons, including skeletal
remains or cremated ashes.
LEAST DISRUPTIVE
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)]
OWNER
The owner of a parcel of land.
SITE ALTERATION PLAN
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.
TOWN
The Town of Westerly, Rhode Island, its agents or officers.
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.