Chapter 19.93
ARCHAEOLOGICAL RESOURCES
Sections:
19.93.020 Effect of discovery and determination.
19.93.010 Purpose.
The purpose of this chapter is to establish provisions to mitigate adverse impacts to archaeological resources and to prescribe the means by which archaeological sites are assessed and protected. [2005 RLDC § 93.010.]
19.93.020 Effect of discovery and determination.
Whenever a land use action is proposed for a lot that has a significant archaeological site, the following shall occur:
A. The applicant shall be notified that the site has been determined to contain a significant archaeological resource;
B. No alteration to the site shall occur for 30 working days during which time the Planning Director shall notify the appropriate agencies;
C. If, during this 30-day period, the notified agency or archaeologist determines that no significant change in the site will occur, resumption of development may occur;
D. If, at the conclusion of the 30-day period, no recommendation is issued by the agency or archaeologist, no conflict with the archaeological resource is presumed and the project may proceed;
E. If the development is determined to have a significant effect on the archaeological value of the site, the development shall be delayed an additional 30 days to:
1. Notify an appropriate agency to consider acquisition; and
2. Refer the request to the Planning Commission for a public hearing to determine the ESEE consequences in accordance with OAR 660-16-005(2) and a proper course of action which will be one of the following:
a. Protect the archaeological resource;
b. Allow the requested alteration;
c. Mitigate any detrimental effects of the request;
F. If the Planning Commission decides that detrimental effects of the alteration need to be mitigated, the Commission will attach conditions to the development permit (such as alteration of the development plan or setbacks for roads and structures away from the resource site) to assure that the development is compatible with the archaeological resource;
G. If the Planning Commission determines that the archaeological site constitutes a 3A resource as defined by OAR 660-16-010(1), the development shall be delayed for an additional 30 days while the appropriate agency seeks a buyer for the property. If no action occurs within 30 days, the development may proceed. [2005 RLDC § 93.020.]