(a)

Statement of intent. The archaeological protection district is established to ensure that archaeological resources in the city are studied and, based on the findings of the study, that significant resources are either preserved or recovered through a resource management plan.

(b)

Boundaries. The boundaries of the archaeological protection district are delineated as an overlay district on the official zoning map, as adopted on August 9, 2012, and amended on July 11, 2013.

(Ord. No. 2-95, 1-12-95; Ord. No. 13-27, 7-11-13)

(a)

An archaeological review board is hereby established, hereafter referred to as the review board. The review board shall consist of the members of the planning commission.

(b)

The review board shall act on any matter properly before it not later than 60 days after the conclusion of the meeting at which the matter was first considered unless the time is extended with the consent of the applicant or unless otherwise indicated in this article.

(c)

In case of disapproval of the archaeological field reports and/or Phase II Archaeological Evaluation Report and/or the resource management plan for archaeological resources in the archaeological protection district, the review board shall state its reasons in writing.

(d)

The review board, when requested by an applicant in the archaeological protection district, shall advise as to the changes and alterations necessary to bring the Phase II Resource Management Plan, for archaeological resources located in a planned development area, in harmony with the intent of this article and the objectives of the city towards the preservation of significant archaeological resources in the city.

(Ord. No. 2-95, 1-12-95)

(a)

For the purposes of this article, the following definitions shall apply:

(1)

Archaeological evaluation report shall mean the archaeological report prepared if significant archaeological resources are discovered in the course of a Phase II archaeological field study of a development area. Such archaeological evaluation report shall include detailed evaluation of the archaeological significance of the development area of the site plan or subdivision plan, including but not limited to reasonable measures for historic research, archaeological surveys and test excavations. This document shall be prepared by a professional archaeologist in conformity with professionally recognized standards for archaeological documentation and cultural resource management, as identified in the United States Secretary of the interior's Standards for Archaeology and Historic Preservation and the Virginia Department of Historic Resources' Guidelines for Preparing Identification and Evaluation Reports.

(2)

Archaeological field report shall mean the reports prepared following Phase I and Phase II archaeological field studies of a development area. This report shall include an overlay map, a narrative report on the results of the Phase I archival research and on the project methodology, and a letter report on the field study findings. If the Phase I or Phase II archaeological field study produces a negative finding, no further reporting shall be required.

(3)

Archaeological field studies shall mean archaeological investigations conducted in conformity with professionally recognized standards for archaeological documentation, as identified in the United States Secretary of the Interior's Standards for Archaeology and Historic Preservation and the Virginia Department of Historic Resources' Guidelines for Preparing Identification and Evaluation Reports, with a professional archaeologist serving as the project director or principal investigator.

a.

Phase I archaeological field study involves both a preliminary archival search and a field survey. The archival search identifies the most likely site locations and the areas that should be most closely examined. In the areas identified for study, shovel tests are conducted at marked intervals and any holes which reveal artifacts are marked for mapping purposes.

b.

Phase II archaeological field study clarifies archaeological resource site boundaries, to establish the function of each potentially significant site located during the Phase I process, and to establish the integrity of the archaeological remains. Based on the size of the site, the archaeologist determines what percentage of the site to recover through systematic sampling, and a grid is then established over the site with excavation units set at specific intervals.

c.

Phase III archaeological field study involves the full scale excavation of significant archaeological resources. Phase III excavation is not undertaken unless such a treatment plan is recommended in the Phase II Resource Management Plan. Treatment can include a variety of measures such as avoidance, recordation, data recovery, development of an historic preservation plan, rehabilitation or restoration. The review board's decision to recommend Phase III excavation through a resource management plan is based on the integrity of the site, and its potential to yield new archaeological information.

(4)

Archaeological resource shall include human remains and objects, such as tools, bottles, dishes, flora and fauna of prehistoric American Indian and historic American periods, and areas which contain these objects such as graves, wells, privies, trash pits, cellars, kilns, basements, foundations, postholes, ditches, trenches, and historic roadways.

(5)

Development area shall mean that portion of a piece of property which shall be disturbed in the course of construction.

(6)

Preliminary archaeological assessment shall mean the initial analysis of land which is conducted by the planning director when the property owner requests a determination as to whether archaeological field studies must be undertaken prior to submittal of a site plan or preliminary subdivision plat application. The preliminary archaeological assessment request form shall include a description of the planned project and full and accurate information as to all land disturbing activities proposed to be conducted in the development area. The planning director shall investigate the potential archaeological significance of the development area based on existing archaeological reports and analysis of site conditions, and make a determination as to whether the proposed development area possesses any potential archaeological significance and whether the proposed land disturbing activities will have an adverse impact on any such resources.

(7)

Professional archaeologist shall mean one who meets the United States Secretary of the Interior's professional qualification standards for archaeologists.

(8)

Resource management plan shall mean a treatment plan which outlines the course of action to be undertaken following a Phase II archaeological field study if significant archaeological resources are discovered. Such resource management plan shall include reasonable measures for the study and preservation of archaeological resources found within the development area, including but not limited to test and full-scale excavations, site construction monitoring, field recording, photography, laboratory analysis, conservation of organic and metal artifacts, curation of the collection (e.g., artifacts, notes, photographs) and preparation of reports. The resource management plan may recommend in situ preservation of the archaeological resources through avoidance and the modification of the site plan or subdivision plan. This document shall be prepared by a professional archaeologist in conformity with professionally recognized standards for archaeological documentation and cultural resource management, as identified in the United States Secretary of the Interior's Standards for Archaeology and Historic Preservation and the Virginia Department of Historic Resources' Guidelines for Preparing identification and Evaluation Reports.

(Ord. No. 2-95, 1-12-95; Ord. No. 15-95, 7-13-95)

No archaeological resource in the Archaeological Protection District shall be modified, damaged or destroyed in whole or in part as part of a site plan or subdivision development project unless approval has been granted by the review board. This requirement does not apply to existing subdivisions of single-family lots, the preliminary or final plat of which was approved or recorded prior to January 12, 1995 or site plans which were approved prior to such date, but shall apply to any redevelopment plans for these areas which would require a site plan or an amendment, vacation, or other modification to an existing subdivision plat. Redevelopment plans, for the purposes of this article, shall not include the construction, reconstruction, or modification of houses on single-family lots, the preliminary or final plat of which was approved or recorded prior to January 12, 1995.

(Ord. No. 2-95, 1-12-95)

(a)

Colonial Williamsburg Historic Area. Before a site plan application or preliminary subdivision plat is approved or recommended for approval by the planning commission in the Colonial Williamsburg historic area portion of the archaeological protection district, the review board shall consider, among other things, the compliance of the proposed project with The Colonial Williamsburg Foundation Guidelines for Archaeological Preservation (adopted December 1989).

(b)

Archaeological Protection District. Before a site plan application or preliminary subdivision plat is approved or recommended for approval by the planning commission in the Archaeological Protection District (except for the Colonial Williamsburg historic area), a preliminary archaeological assessment of the development area, if requested by the applicant, must be conducted by the planning director and any required archaeological studies must be conducted by the property owner and approved by the review board.

(1)

The purpose of the preliminary archaeological assessment and the field studies is to determine the significance of archaeological resources in the development area based upon the following criteria:

a.

Research value. The extent to which the archaeological data that might be located in the development area would contribute to the expansion of knowledge of that type of resource.

b.

Rarity. The degree of uniqueness of the resources in the development area and their potential for providing archaeological information about a person, structure, event or historical process, for which there are very few examples in the Williamsburg area.

c.

Public value. The level of importance that archaeological resources in the development area possess due to association with a significant person, structure, event or historical process.

d.

Site integrity. The extent to which soil stratigraphy and original placement and condition of archaeological resources in the development area have not been disturbed or altered in a manner which appreciably reduces their research or public value.

e.

Presence of materials. The extent to which archaeological resources or evidence of historic structures are present in the development area.

f.

Impact of resources. The extent to which any proposed land disturbing activities will alter or destroy archaeological resources which the review board determines to have substantial archaeological significance under section 21-929(d)(1)a—e. above.

(2)

If the planning director determines from the preliminary archaeological assessment that no significant archaeological resources will be adversely affected by the proposed development project, no further archaeological review shall be required in the development area.

(3)

If the review board concurs with the Phase I and/or Phase II archaeological field reports that a negative finding of no significant archaeological resources is the result of the archaeological field studies, no further archaeological review shall be required in the development area.

(4)

If the Phase II archaeological study reports a positive finding of significant archaeological resources in the development area, an archaeological evaluation report and resource management plan shall be required to be submitted with the site plan application or preliminary subdivision plat for concurrent review by the review board. The site plan or preliminary subdivision plat shall not be approved by planning commission until the Phase II archaeological evaluation report and resource management plan has been reviewed and approved by the review board.

(Ord. No. 2-95, 1-12-95)

(a)

Any approvals by the review board which are associated with an approved site plan or subdivision plan, shall expire five years from the date of approval if the work has not commenced; or if any such work is suspended or abandoned for a period of five years after being commenced.

(b)

Approval by the review board of any resource management plan shall expire five years from the date of approval if the work authorized has not commenced; or if any such work is suspended or abandoned for a period of five years after being commenced.

(c)

The applicant may apply to the review board for reapproval in the event that the original approval has expired.

(Ord. No. 2-95, 1-12-95)

(a)

Appeals from the archaeological review board to city council.

(1)

Any persons aggrieved by any decision of the review board shall have the right to appeal the decision to city council. An appeal shall be filed with the zoning administrator within 30 days after the final decision of the review board. The city council shall schedule a public hearing on the appeal not more than 45 days after the first council meeting following the receipt of the appeal.

(2)

On any appeal, the final decision of the review board appealed from shall be stayed pending the outcome of the appeal before the council, except that the filing of such petition shall not stay the decision of the review board if such decision denies the right to modify, damage or destroy, in whole or in part, an archaeological resource in the archaeological protection district.

(3)

The city council may affirm, reverse or modify the decision of the review board, in whole or in part. The same standards shall be applied by the council as are established for the review board.

(b)

Appeal from city council to the circuit court. Any persons aggrieved by the decision of the city council shall have the right to appeal such decision to the circuit court for a review. Such appeal shall be taken by filing a petition at law, setting forth the alleged illegality of the action of city council, provided such petition is filed within the 30 days after the final decision is rendered by city council. The filing of the appeal shall stay the decision of the council pending the outcome of the appeal to circuit court, except that the filing of such petition shall not stay the decision of the city council if such decision denies the right to modify, damage or destroy, in whole or in part, an archaeological resource in the archaeological protection district. The court may reverse or modify the decision of the city council in whole or in part, if it finds upon review that the decision of the city council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the city council.

(Ord. No. 2-95, 1-12-95)

(a)

In addition to the right of appeal, the owner of an archaeological resource in the archaeological protection district, the demolition, modification or destruction of which is subject to the provisions of this article, shall, as a matter of right, be entitled to demolish, modify or destroy such archaeological resource provided that:

(1)

The owner has applied to city council for such right;

(2)

The owner has, for the period of time set forth in the time schedule in section 21-932(a)(3) and at a price reasonably related to its fair market value, made a bona fide offer to sell such archaeological resource and the land pertaining thereto to the city or to any person, firm, corporation, or agency thereof or political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve or restore the archaeological resource and the land pertaining thereto;

(3)

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such archaeological resource and the land pertaining thereto prior to the expiration of the applicable time period set forth in the time schedule below. Any appeal which may be taken to the court from the decision of the review board, whether instituted by the owner or by the other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to in this paragraph. No offer to sell shall begin more than one year after the final decision of the review board, but thereafter the owner may renew his request to the review board to approve the razing or demolition of the archaeological resource. The time schedule for offers shall be as follows:

(4)

Before making a bona fide offer to sell, an owner shall first file a statement with the zoning administrator. The statement shall identify the property, state the offering price, the date the offer of sale is to begin, and the name of the real estate agent, if any. No time period set forth in the schedule contained in subsection 21-932(a)(3) shall begin to run until the statement has been filed. Within five days of receipt of a statement, copies of the statement shall be delivered by the zoning administrator to the city manager, members of the city council, and members of the review board.

(Ord. No. 2-95, 1-12-95)

Due to the interrelationships between archaeological protection and site planning, the review board's archaeological review of the development area may result in the modification of the site plan or subdivision if the resource management plan recommends avoidance of the archaeological resources.

(Ord. No. 2-95, 1-12-95)

Nothing in this article shall be construed to prevent the use of any land, building, or structure permitted by the regulations of the zoning district in which such land, building or structure is located.

(Ord. No. 2-95, 1-12-95)

It shall be the continuing duty of the review board to investigate and delineate archaeological resources in the city having historic interest or value which should be preserved and protected to achieve the purposes and objectives of this article, and to report from time to time to the planning commission as to whether any of these should be set apart for preservation and protection under the provisions of this article. In establishing or expanding the boundaries of the existing archaeological protection districts, it must be determined that the archaeological resource meets at least one of the following criteria:

(1)

Is associated with events that have made a significant contribution to the broad patterns of our history; or

(2)

Is associated with the lives of persons significant in our past; or

(3)

Embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

(4)

Has yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. 2-95, 1-12-95)