§ 22-64. Application for burial disturbance permit.

Any person or entity seeking a burial disturbance permit from the board of commissioners pursuant to O.C.G.A. § 36-72-4 shall comply with the following:

(1)

An application shall be filed with the board of commissioners containing the following:

a.

Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search.

b.

A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit.

c.

A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report.

d.

A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to buried in such cemetery. The applicant shall implement its plan for identifying, locating and giving notice descendants no later than the date that the application is submitted to the board of commissioners.

1.

After reviewing the plan, the board of commissioners may require the applicant to utilize additional reasonable methods to identify and locate descendants. Additional requirements imposed may include, but not be limited to, the following:

i.

Newspaper notices in communities where descendants are believed or likely to be located;

ii.

Further title research than is normally required on the property where the burial ground or cemetery is located or on adjacent property if it may assist in the identification of descendants.

2.

The applicant shall notify possible descendants of their rights under this article and O.C.G.A. § 36-72-1 et seq., and how to contact the board of commissioners for further information regarding any mitigation proposals, the terms of any permits issued, the time and place of any scheduled public hearings, appeal procedures, and events.

3.

If those buried or believed to be buried in the cemetery or burial ground are of aboriginal or American Indian descent, the genealogist must consult with the council on American Indian Concerns created pursuant to O.C.G.A. § 44-12-280. In such case, the notification plan shall include any American Indian tribes as defined in O.C.G.A. § 44-12-260(2) that are culturally affiliated, as well as any known descendants of those presumed buried.

e.

A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify;

1.

The method of disinterment;

2.

The location and method of disposition of the remains;

3.

The approximate cost of the process; and

4.

The approximate number of graves affected.

f.

An application fee as set forth in the schedule of fees and charges on file in the office of the county, which shall reflect the cost of the county:

1.

To process and review the application;

2.

To advertise and conduct a public hearing to consider the application;

3.

To hire an attorney, if desired by the county, to assist in making recommendations regarding the applicant's plan;

4.

To hire an independent archeologist, if desired by the county, to assist in making recommendations regarding the applicant's plan;

5.

To hire an independent surveyor, if desired by the county, to assist in making recommendations regarding the applicant's plan.

(2)

A copy of the applications shall be submitted to the PCCPC for additional review and recommendation to the board of commissioners.

(Res. No. 98-019, § 4.4)