The purposes of this section are to:

A.   Establish guidelines and specifications for the documentation and protection of archaeological and other cultural resources;

B.   Encourage sensitive development within the town;

C.   Preserve and protect cultural resources within the town;

D.   Ensure compliance with all state historic preservation laws and regulations, and federal laws and regulations when required; and

E.   Advance education and appreciation of our cultural heritage.

For the purposes of this chapter, the terms and phrases listed below shall have the following meanings:

   1.   Archaeological resource: Sites, districts, and objects representing material remains of past human activity and life, which are preserved in their original setting and of historic or pre-historic significance.

   2.   Cultural resource: Any archaeological and historic site, building, structure, object, district, or landmark having historical, architectural, archaeological, cultural, or scientific importance.

   3.   Development: The performance of any building or land disturbing operation. The making of any material change in the use or appearance of any structure or land.

A.   This chapter shall apply to all development and ground disturbance within the town, except for the development of a private single-family residence on a single family lot.

B.   Subsections 17-12-6 B and C, on discoveries during construction, still apply to any development project exempt from completing an archaeology survey and report.

All documents and activities relevant to the management, preservation, and recovery of archaeological and historic resources will be prepared or undertaken by a qualified archaeologist permitted by the Arizona state museum (ASM) working under the appropriate ASM survey and recovery permits. A list of ASM permitted consultants is available at the ASM website: https://statemuseum.arizona.edu/crm.

A.   All proposed development projects within the town shall be reviewed for their potential impact on archaeological resources and all impacts addressed prior to the issuance of any permits. The process will typically follow the steps outlined here:

   1.   Records check.

      a.   A qualified archaeologist working for the developer will need to check site records with ASM to determine if the project area contains previously recorded cultural resources.

      b.   The archaeologist will make recommendations for further action based on the information provided in the report.

      c.   Town staff will review the recommendation and determine if further action is required.

   2.   Survey and assessment.

      a.   If it is deemed necessary by the town, the developer will have a qualified archaeologist conduct an on the ground survey of the project area and all other project related areas.

      b.   The archaeologist will then submit a report to the town that includes all findings and recommendations for further actions.

      c.   Town staff will review the submitted report and determine if further action is required.

   3.   Testing.

      a.   If the survey report recommends further investigation of the site, the developer will have a qualified archaeologist develop a testing plan.

      b.   Results of testing must be submitted and approved prior to ground disturbing activities.

      c.   After a testing plan has been approved and all work completed by the archaeologist, a final report will be submitted to the town indicating results of testing and recommendations for further work or clearance.

   4.   Mitigation.

      a.   If mitigation is required, then the developer will have a qualified archaeologist develop a mitigation plan. Mitigation options may include, but are not limited to, site avoidance, monitoring during construction, and full data recovery.

      b.   Town staff will review the submitted plan and either concur with the plan, or request revisions.

      c.   After the mitigation plan has been approved and all work completed by the archaeologist, a final report will be submitted to the town indicating what mitigation measures were taken and that all archaeological requirements for the project have been addressed.

   5.   Federalized projects. If a project has an element that requires a federal permit, the above steps will still be required, but the lead federal agency will review all reports and provide cultural clearance for the project. The town will be the lead on sites within the project area that are not under jurisdiction of the lead federal agency.

A.   If work is being performed without first having obtained cultural resources clearance, all work shall cease. The town may seek an injunction and any other remedy at law or equity to enforce the stop order.

B.   When a previously unidentified archaeological site is discovered in the course of construction, the property owner immediately shall notify the town. The town will then assess the findings and determine what type of archaeological work the developer will need to have done.

C.   If human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects are found during discovery, scientific excavation or construction, ground disturbing activities shall cease in the immediate vicinity of the discovery. State law (A.R.S. § 41-844 and A.R.S. § 41-865) requires that ASM be notified of the discovery of these remains.

All appeals of staff determinations shall be made in writing, and submitted to the town prior to the start of construction.