[Adopted 8-12-1997 by Ord. No. 1013
(Secs. 16B-1 to 16B-9 of the 1979 Code)]
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 for 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 prehistoric or distant past. Archaeological burial sites may include Native
American Indian or other ethnic groupings.
A 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 tract of land which has been for more than 100 years used as
a burial place, whether or not marked with a historic marker or gravestone,
including but not limited to ancient burial places known or suspected to contain
the remains of one or more Native American Indians. For the purposes of this
article a "historic cemetery" shall also include an area 25 feet in width
around the perimeter of the cemetery proper.
Any parts or remains of deceased humans 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 also include mausoleums, crypts, or other
structures designed to house or contain human remains.
A means of construction, excavation, removal or any other activity
which, in the opinion of the State of Rhode Island Preservation Commission,
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 illustration or drawing
the proposed alteration of a historic cemetery, archaeological burial site
or family cemetery, including detailed specifications for alteration, removal,
and re-internment of human remains.
The Town of Johnston, Rhode Island, its agents, or officers.
A.
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 historical cemetery or archaeological burial
site or family cemetery without first obtaining therefor a permit to alter
or remove such historical cemetery or archaeological burial site or family
cemetery from the Town Council of the Town of Johnston.
B.
Once a discovery of a previously unknown burial site
is made, the owner or contractor shall immediately notify the Johnston Building
Inspector, who in turn shall contact the State Medical Examiner and State
Historical Preservation Commission pursuant to R.I.G.L. § 23-18-1
et seq.
C.
The Town shall require the cessation of construction
activities pending preliminary verification of the property as a human burial
site by the State Medical Examiner or Historic Preservation Commission. 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 this article.
D.
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 using the least disruptive means possible. The least
disruptive means shall be determined by the Town through the Town's consultation
with the Rhode Island Historic Preservation Commission and the Johnston Historical
Society. A survey report shall be produced incorporating the findings of the
investigation in text and graphic form.
E.
The applicant shall then submit the report and a detailed engineering plan, as required and identified in Subsection H, of the proposed construction project, and all other proposed activities on the property which in any manner might lead to or necessitate any disruption of the cemetery/burial site.
F.
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.
G.
The Town Council may issue a permit to allow the alteration
or removal of a historical cemetery or archaeological burial site or family
cemetery 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 or feasible alternative to the proposed activity
exists or that said alteration only serves the interests, health, welfare,
safety of the public and is not solely for commercial expediency.
H.
The following shall be submitted by the applicant to
the Town Council prior to the consideration of any application for a permit
to remove and/or alter a historical or archaeological cemetery or burial site:
(1)
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)
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)
A detailed site alteration plan, in text and illustration,
indicating the extent of disruption of the cemetery, methods of construction
or removal of human remains, and reburial plan including the relocation of
the graves.
(4)
In the event of a family cemetery, a genealogical study
to identify whether descendants of the families interred still reside in the
State of Rhode Island.
(5)
In the event of a religious cemetery, a listing of the
religious organization that owns or maintains the cemetery.
A.
Once the required documents are submitted by an applicant,
the Town Council shall set the date for a public hearing. Notice of the date,
time, and location of the public hearing shall be at the applicant's expense,
in a local newspaper, for a period of not less than two weeks prior to the
hearing.
B.
The Rhode Island Historic Preservation Commission and
the Johnston Historical Society shall be notified by registered mail by the
applicant not less than two weeks prior to the scheduled hearing, and an advisory
opinion shall be requested by the pertinent Town staff.
A.
In the event of archaeological burials and historic Native
American Indian graves, the Town shall cause the tribal council of the Narragansett
Tribe to be notified by regular mail of the subject, date and time of the
scheduled hearing.
B.
In the event an application involves the cemetery of
an extant religious society, said society shall be notified by regular mail
of the subject, date and time of the scheduled hearing.
C.
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 the lineal descendants
as to the subject, date and time of the scheduled hearing, which efforts may
include sending notice to the descendants via first class mail, or publication
of the notice in a newspaper of statewide circulation at least once per week
for two successive weeks prior to the scheduled hearing.
A.
At the public hearing the applicant shall prove to the
satisfaction of the Town Council that the applicant has examined all possible
alternatives and conclusively demonstrated that no prudent and feasible alternative
to the proposed alteration is possible; or
B.
At the public hearing the applicant shall prove to the
satisfaction of the Town Council the proposed alteration serves the interests
of health, welfare, and safety of the public, and is not solely for commercial
expediency.
A.
After closing the public hearing the Town Council shall
render a decision approving, denying, or approving with reasonable conditions
the proposed site alteration plan.
B.
The Council may set other conditions and/or requirements
necessary to carry out the purposes of R.I.G.L. § 23-18-1 et seq.,
including, but not limited to, the following:
(1)
In the event of the removal of sites, or portions of
sites, or graves to a new location, the applicant must place signs on the
original site directing interested parties to the new location of the sites;
and
(2)
Said signs must be placed along the public way closest
to the site of the original cemetery or burial site.
A.
Nothing in this article shall be construed to prohibit
the routine maintenance and repair of historical gravesites.
B.
Nothing in this article shall be construed to prohibit
the use of historic cemeteries as places of interment.
C.
Nothing in this article shall 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
right to appeal the decision to the Rhode Island Superior Court pursuant to
R.I.G.L. § 23-18-11.1.
