The purpose of these regulations is to allow for the use of private property as cemeteries and burial grounds, to protect neighboring property owners from undesirable development of property as a cemetery and to make the use of properly for a cemetery in open space districts consistent with the preservation-conservation aspect of open space zones. It does not pertain to public or municipal cemeteries.

(Ord. passed 10-30-06)

   The following standards of development shall apply to all cemeteries. No permit shall be granted for the construction of a cemetery until the Building Inspector has received a development plan which demonstrates that the following standards are met.

(Ord. passed 10-30-06)

   An application for a permit to operate a cemetery shall contain, as a minimum, a development plan and supplementary information as required by Article 7, plus the following:

   (A)   A development plan showing the location and dimensions of driveways through cemeteries or burial grounds; all aboveground watercourses, underground watercourses where known; existing stone walls; areas or spaces intended for the placement of graves, tombs, mausoleums, crypts, columbariums, storage of crypts, equipment or fill; structures or parking areas; required special purpose buffer zones and plans for regrading or changing of grade of the premises;

   (B)   Plans for regrading or changing of grade of the premises;

   (C)   No cemetery shall change its operations and the location of activities shown on the development plan without revising its plan and obtaining approval of the Building Inspector for compliance with the standards herein set forth.

(Ord. passed 10-30-06)

   The minimum lot size for any property used as a cemetery shall be four acres.

(Ord. passed 10-30-06)

   All cemeteries shall have a minimum five-foot wide buffer zone from any abutting property which shall not be used for graves, tombs, mausoleums, crypts, columbariums, storage of crypts, equipment or fill, structures, driveways or parking areas, but this section shall not preclude driveways crossing through the special purpose buffer zone areas to access cemeteries.

(Ord. passed 10-30-06)

   The regrading or changing of the grade of any cemetery or burial ground shall be subject to the soil erosion and sedimentation ordinance of the town. Where soil conditions permit, all underground burial sites shall be at least 24 inches below grade.

(Ord. passed 10-30-06)

   There shall be no alterations of streams, brooks, rivers, or other above or underground watercourses running through any cemetery except as permitted by the Rhode Island Department of Environmental Management.

(Ord. passed 10-30-06)

   There shall be no alterations of existing stone walls running through any cemetery or burial ground except as required for access or to repair.

(Ord. passed 10-30-06)

   No cemetery shall be permitted to have a crematorium.

(Ord. passed 10-30-06)

   No funeral home or show room for caskets shall be allowed in any cemetery.

(Ord. passed 10-30-06)

   No cemetery shall be permitted to have lot coverage in excess of 5% of the lot area, including the portion of lots covered by columbariums, mausoleums and similar structures involving above ground burials.

(Ord. passed 10-30-06)

   No structure in any cemetery shall exceed 30 feet in height.

(Ord. passed 10-30-06)

   Construction equipment, backhoes, bulldozers, dump trucks, graders and the like shall not be operated in any special use buffer zone except for landscaping purposes. Such equipment shall not be used between the hours of 7:00 p.m. and 7:30 a.m. during any day without special permit from the Town Council. All equipment shall be operated in conformance with the town's ordinances regulating noise.

(Ord. passed 10-30-06)

   Vehicular access to cemeteries shall be blocked by gates, fences or chains from sunset to 6:00 a.m. each day.

(Ord. passed 10-30-06)

   This subchapter shall be enforced by the Building Inspector.

(Ord. passed 10-30-06)