Hutton Development Company is seeking approval for a Cemetery/Burial Ground Land Development Permit to develop the property located at 11305 White Bluff Road.  In September 2018, during preliminary clearing and construction activities, the City was notified by a citizen of a possible cemetery on the property.  After research, the Cemeteries Department identified a possible unmarked family cemetery on the property.  Development Services issued a stop work order and all clearing and construction activities were suspended on the property.

Following the notification, Hutton Development Company hired New South Associates, Inc., who conducted archeological investigations to identify if potential burial areas were on the site.  After their study, they believe that they located four burial sites—three adult-sized and one possible infant. It is believed the remains are that of the Densler family dating back to the 1780s.  To further corroborate New South’s findings, it was determined that grave markers were relocated from this location to Gravel Hill Cemetery in Bloomingdale.

Pursuant to O.C.G.A. §36-72-1 et seq. Abandoned Cemeteries and Burial Grounds, a Cemetery/Burial Ground Land Disturbance Permit was submitted by Hutton Development Company to the City before the development of any land containing any burials or burial objects.  A review board consisting of City staff and a consulting archaeologist reviewed the application to verify all statutory requirements were satisfied to include:

• Proof of ownership;
• A report prepared by an archeologist stating the number of graves believed to be present and identify their locations;
• A survey showing the location and boundaries of the project site based on an archeologist’s report;
• A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried at the project site; and
• A proposal for the relocation of any human remains or burial objects to include the method of disinterment, location and method of disposition of the remains, approximate cost of the process, and approximate number of graves affected.

If the permit is approved, Hutton Development Company will relocate the graves to the Densler Family plot in Laurel Grove Cemetery.  If the Laurel Grove Cemetery plots are claimed prior to reinterment, the backup plan will be to utilize the Westside Memorial Gardens located on Adams Road in Bloomingdale for interment.

The Mayor and Aldermen are required to conduct a public hearing and approve or deny the application based on the following:

1. The presumption in favor of leaving the cemetery or burial ground undisturbed;
2. The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
3. The economic and other costs of mitigation;
4. The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
5. The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and
6. Any other compelling factors which the governing authority deems relevant.

If the permit is approved by Mayor and Aldermen, the applicant will also be responsible for obtaining a Permit for the Disposition of Human Remains with the Chatham County Registrar.  If the permit is denied, the applicant may file an appeal in Superior Court.

Open the Hearing