Title 36, Chapter 72, Section 7
( 36-72-7)
(a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held. (b) Within 30 days after the conclusion of the public hearing, the
governing authority shall notify the applicant in writing of its
decision. The governing authority shall have the authority to deny
the application with written reasons therefor, to issue a permit
adopting the application in whole or in part, or to issue a permit
which may include additional requirements to mitigate the proposed
activity's adverse effects on the cemetery or burial ground,
including but not limited to relocation of the proposed project,
reservation of the cemetery or burial ground as an undeveloped area
within the proposed development or use of land, and respectful
disinterment and proper disposition of the human remains. The
governing authority may adopt the applicant's proposal for
mitigation. |