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 property 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. (back to top)
Cemetery - a burial ground, memorial park and/or site where human remains are buried or entombed.
Columbarium - a structure with recesses for urns.
Double Grave - two single crypts side by side.
Cremation Grave - a grave or crypt containing cremation remains for a single person.
Mausoleum - above-ground entombment sites which contain concrete or stone crypts in which caskets are stored.
Memorial Park - a burial ground or cemetery which allows only flat grave markers.
Lawn Crypt - a mausoleum structure wholly under ground.
Traditional Grave - an internment right for a single personís human remains. (back to top)
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 site plan which demonstrates that the following standards are met. (back to top)
An application for a permit to operate a cemetery shall contain, as a minimum, a site plan and supplementary information as required by Article 7 of this Zoning Ordinance, plus the following:
A. A site plan showing the location and dimensions of driveways through cemeteries or burial grounds; all above- ground water courses, underground water courses 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 re-grading or changing of grade of the premises.
C. No cemetery shall change its operations and the location of activities shown on the site plan without revising its site plan and obtaining approval of the Building Inspector for compliance with the standards herein set forth. (back to top)
The minimum lot size for any property used as a cemetery shall be four acres. (back to top)
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. (back to top)
The re-grading or changing of the grade of any cemetery or burial ground shall be subject to the Soil Erosion and Sedimentation ordinance of the Town of Middletown. Where soil conditions permit, all underground burial sites shall be at least twenty-four inches (24î) below grade. (back to top)
There shall be no alterations of streams, brooks, rivers, or other above or underground water courses running through any cemetery except as permitted by the RI Department of Environmental Management. (back to top)
There shall be no alterations of existing stone walls running through any cemetery or burial ground except as required for access or to repair. (back to top)
No cemetery shall be permitted to have a crematorium. (back to top)
No funeral home or show room for caskets shall be allowed in any cemetery. (back to top)
No cemetery shall be permitted to have lot coverage in excess of five percent of the lot area, including the portion of lots covered by columbariums, mausoleums and similar structures involving above ground burials. (back to top)
No structure in any cemetery shall exceed thirty (30') feet in height. (back to top)
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 Middletown Council. All equipment shall be operated in conformance with the Townís ordinances regulating noise. (back to top)
This Ordinance shall be enforced by the Building Inspector. (back to top)