A.
The
Community Development Director shall review building permits, and
other proposed land use actions that may affect known archaeological
sites. If it is determined that a proposed building permit or land
use action may affect a known archaeological site, the City shall
notify the State Historic Preservation Office. Such notification shall
request assistance in determining whether the proposed action will
in fact affect the identified archaeological site. If the State Historic
Preservation Office determines that a site would be affected, it shall
be requested to also develop appropriate measures to protect the site
and its contents (appropriate measures are defined in this chapter).
No permit shall be issued unless one of the following has occurred:
1.
The State Historic Preservation Office determines that the proposed
action will not affect the archaeological site; or
2.
The State Historic Preservation Office has developed a program for
the preservation or excavation of the site and the implementation
of that program is made a condition of approval for either the building
permit or land use action, e.g., conditional use permit; or
3.
The City has received no comment from the State Historic Preservation
Office within 20 days of the date of written notification.
B.
Indian
cairns, graves and other significant archaeological resources, uncovered
during construction or excavation shall be preserved until a plan
for their excavation or reburial has been developed by the State Historic
Preservation Office. In development of the plan, the State Historic
Preservation Office shall consider the appropriate measures listed
in this chapter.
C.
In
development of a program to protect an archaeological site, the State
Historic Preservation Office shall give consideration to the following
appropriate measures:
1.
Paving over the site without disturbance of any human remains or
cultural objects.
2.
Redesigning the proposed construction or excavation so as to avoid
disturbing the site.
3.
Setting the site aside for non-impacting portions of the proposed
development such as storage.
4.
If permitted pursuant to the substantive and procedural requirements
of ORS 97.750, contracting with a qualified archaeologist to excavate
the site and remove any cultural objects and human remains, re-interring
the human remains at the developer's expense.
