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A. Purpose

The purpose of this Section is to:

1. Establish guidelines and specifications for the preservation of archaeological, historical, and cultural resources within the Town. This is accomplished by a system of codes that represent a reasonable and defensible compromise between no building occurring on archaeological and historical sites, and development taking place in such a manner as to destroy significant cultural resources.

2. Protect and perpetuate the unique character of a geographic area where existing sites, objects, archaeological remains, architecture, or other tangible records of past eras can be of enduring value in advancing education, general welfare, civic pride, and appreciation of their cultural heritage.

B. Applicability

This Section shall apply to all development, which requires a rezoning, preliminary plat, development plan, or amendment to these. Associated off-site development and ancillary construction (utility trenches, water and sewage treatment facilities, roads, etc.) will be treated in the same manner.

1. Areas with Approved Development Plans and Plats

Current provisions for archaeological mitigation shall continue to apply to all properties until December 31, 1999. Thereafter, prior to issuance of a Grading Permit and any ground modification activities, an on-the-ground cultural resources survey and appropriate mitigation measures shall be conducted on the subject property in accordance with the provisions of this Section.

2. Annexed Areas

For areas with County approved plats or development plans County provisions for archaeological mitigation shall continue to apply to all annexed properties until the later of December 31, 1999 or two (2) years after the date the property was annexed. Thereafter the provisions of this Section shall apply.

C. Site Analysis Requirements

Specific provisions for Site Analyses are found in the appropriate Section of this Code. In summary, those provisions require an application for a rezoning to:

1. Complete a records check

2. Describe and map archaeological and historic sites identified on the property

3. If necessary, complete and record a field survey.

D. Cultural Resources Mitigation Plan

1. Submittal and Review

A cultural resources mitigation plan for any identified archaeological or historical sites on the subject property shall be submitted at the time of, or prior to, the submittal of any preliminary plat or development plan. The mitigation plan shall be prepared and reviewed as described in Section 22.9.C., Preliminary Plat, and Section 22.9.E., Development Plan. The Town may request technical review from the Arizona State Museum and/or the State Historic Preservation Office (SHPO) when appropriate.

2. Mitigation Plan Requirements

Applications required under this Chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application.

3. Phased Developments

In lieu of a mitigation plan for the entire property, phased developments may submit and implement mitigation plans for each phase that contains cultural resources. In the event that an archaeological site spans more than one phase, a single plan shall be prepared for the phases that contain the site.

E. Site Development

1. Disturbance

No physical disturbance (including artifact collection or excavation) of archaeological or historic sites shall be permitted unless specifically indicated in the mitigation plan. Cultural resources identified for in-place preservation will be protected during development activities.

2. Discoveries

Unrecorded archaeological sites unearthed during construction will be recorded and documented by a professional archaeologist. If any cultural resources are encountered during the grading/excavating process, all works shall cease in the vicinity of the resources and a qualified archaeologist shall be consulted to access the significance of the resources and recommend and undertake appropriate mitigation measures. Information on the location and nature of cultural resources will be restricted except as necessary for avoidance and protection.

3. Off-site Development and Ancillary Construction

Utility trenches, water and sewage treatment facilities, roads, etc., will also be investigated, evaluated, and treated by the same criteria as within the proposed development site.

F. Treatment of Human Remains

An agreement for the treatment of human remains shall be developed with the Arizona State Museum (ASM) and appropriate cultural groups pursuant to A.R.S. Section 41-844 and A.R.S. Section 41-865. This agreement shall be established prior to archaeological investigation. Completion of the approved mitigation program does not exempt the development from compliance with these state laws.

G. Excavations on Public Property

No individual shall be allowed to use a probe, metal detector, or any other device to search or excavate for artifacts on public property, nor can any individual remove artifacts from public property without the written permission of the Town. Furthermore, no disturbance or construction activities shall be authorized within the properties belonging to the Town, including public streets and rights-of-way, without a Town permit and without such archaeology efforts as addressed in this chapter.