5-2(D)   ARCHAEOLOGICAL SITES

5-2(D)(1)   Applicability

This Subsection 14-16-5-2(D) applies when an applicant initiates the approval process for any of the following:

5-2(D)(1)(a)   A preliminary plat for any subdivision that is 5 acres or more in size.

5-2(D)(1)(b)   A Site Plan or Master Development Plan for a project that is 5 acres or more in size.

5-2(D)(2)   Additional Review Required

Prior to the approval of a Preliminary Plat, Site Plan, or Master Development Plan, the applicant shall obtain either a Certificate of No Effect or a Certificate of Approval, pursuant to review and decision procedures and criteria in Subsection 14-16-6-5(A) (Archaeological Certificate).

5-2(D)(3)   Unexpected Archaeological Discovery

5-2(D)(3)(a)   In the event that an archaeological resource is unexpectedly discovered in the city during any demolition, development, or land disturbance activity on any property for which a Certificate of No Effect has been issued, such activity in the immediate vicinity of the archaeological resource shall immediately cease and the person or entity responsible for or overseeing the demolition, development or land disturbance activity shall immediately notify the Planning Director or City Archaeologist of the discovery. 

5-2(D)(3)(b)   Activity that ceases because of the unexpected discovery of an archaeological resource may resume only after the City Archaeologist determines that the resource is not significant or approves a treatment plan.

5-2(D)(3)(c)   If the City Archaeologist determines that the area containing the archaeological resource can be separated from the project and the resource protected until the treatment plan is completed, the demolition, development, or land disturbance activity may resume.

5-2(D)(3)(d)   The failure to immediately cease demolition, development or land disturbance activity upon the discovery of an archaeological resource is a violation subject to the penalties in Part 1-1-99 of ROA 1994 (General Penalty).

5-2(D)(4)   Human Remains

In the event that human remains or funerary artifacts are discovered on any property in the city during demolition, development or land disturbance activity, Section 18-6-11.2 of the New Mexico Cultural Properties Act shall control.