§ 16A-14. Certificates to dig.

(1)

Within an archaeological or paleontological site or zone, new construction, filling, digging, the removal of trees, or any other ground-disturbing activity that may alter or reveal an interred archaeological or paleontological site shall be prohibited without a Certificate to Dig. All permit applications to all appropriate municipal or County agencies involving new construction, large-scale digging, the removal of trees, or any other activity that may reveal or disturb an interred archaeological or paleontological site, in an archaeological or paleontological zone shall require a Certificate to Dig before approval.

(a)

Based on the designation report for the archaeological or paleontological site or zone, a complete application for a Certificate to Dig, and any additional guidelines the Board may deem necessary, the Historic Preservation Chief or designee shall, within 10 days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig. The Certificate to Dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation.

(b)

In order to comply with the site excavation requirements of the Certificate to Dig, the applicant may agree to permit the County Archaeologist to conduct excavation from the time of the approval of the Certificate to Dig until the effective date thereof.

(c)

The determination shall be mailed to the applicant within 3 days accompanied by a statement in full regarding the reasons for the decision. The applicant shall have the opportunity to appeal the decision or any conditions attached to the Certificate to Dig by applying for a special Certificate to Dig within 30 days of the staffs determination.

(2)

Additional conditions. To protect a designated archaeological or paleontological site, district, or zone, the Historic Preservation Chief may require additional conditions when approving Certificates to Dig, including but not limited to:

(a)

an archaeological survey at the applicant's expense, conducted by an archaeologist approved by the Historic Preservation Chief, which includes an assessment of the significance of the archaeological site and an analysis of the impact of the proposed activity on the archaeological site;

(b)

scientific excavation and evaluation of the site at the applicant's expense by an archaeologist approved by the Historic Preservation Chief;

(c)

mitigation measures;

(d)

protection or preservation of all or part of the archaeological site for green space;

(e)

a requirement to include a buffer between the site and proposed development activities.

(3)

Approved Certificates to Dig. Approved Certificates to Dig shall contain an effective date not to exceed 60 days, at which time the proposed activity may begin. The Certificate to Dig is valid for a period of 180 days after the date of its approval. After the expiration date, the Historic Preservation Chief or designee may approve an additional 60-day period within which to complete work in progress, if the owner/petitioner can show cause why the work was not yet completed. After this time period, an application for a new Certificate to Dig shall be required.

(4)

Special Certificate to Dig. An applicant for a Special Certificate to Dig shall follow the process for Special Certificates of Appropriateness set forth in section 16A-11(5) of this Chapter.

(5)

Work to conform to Certificate; stop work order. All work performed pursuant to the issuance of a Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate government agencies and the staff of the Board to inspect from time to time any work pursuant to such Certificate to assure compliance. In the event work is performed not in accordance with such Certificate, the official designated by the County Mayor pursuant to section 16A-11 shall be empowered to issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect.

(Ord. No. 81-13, § 13, 2-17-81; Ord. No. 82-99, § 1, 10-19-82; Ord. No. 03-38, § 14, 3-11-03; Ord. No. 16-125, § 2, 11-1-16)