All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(A).
This Subsection 14-16-6-5(A) requires an Archaeological Certificate of No Effect or Certificate of Approval to be duly approved prior to approval of any preliminary plat, Site Plan, or Master Development Plan for projects over 5 acres.
6-5(A)(2)(d) The City Archaeologist shall review the treatment plan and shall approve or deny the proposed plan within 15 calendar days of its submission. If the plan is approved, a Certificate of Approval shall be issued by the City Archaeologist. If the plan is not approved as submitted, the City Archaeologist shall advise the applicant of the changes needed in the plan for its approval.
An application for a Certificate of No Effect shall be approved if it meets any of the following criteria.
1. An archaeological investigation has been conducted on the property, and based on a report prepared by a qualified archaeologist, it has been determined that no significant archaeological site exists on the property. The factual basis necessary to support this determination shall be met through the presentation of an archaeological investigation report prepared in compliance with federal or New Mexico State historic preservation laws and regulations that used a comparable definition for a significant archaeological site. Documentation indicating that the report was accepted by the relevant agency shall accompany the report.
2. The property has been disturbed through previous land use or development to such an extent that there is a substantial reduction in the probability of the continuing existence of any significant archaeological site. It shall be adequate evidence that the property was previously disturbed to such an extent so as to meet this requirement if the property has been graded, demolition has occurred on the property, or the project involves redevelopment or rehabilitation of existing improvements.
3. The informational value of any significant archaeological sites located on the property has been satisfactorily documented through previous archaeological investigation.
1. A Certificate of Approval shall be issued if the proposed site-specific treatment plan accomplishes all of the following:
a. Details strategies for the management of the affected archaeological sites.
b. Includes standards for further testing, sampling, documentation, data recovery, preservation and protection, analysis, and report preparation.
c. Outlines an effective preservation plan or data recovery and documentation plan for those resources that the City Archaeologist has determined to have significant research or other value.
d. Provides a schedule for the implementation of the treatment plan.
e. Provides a cost estimate for mitigation strategies, including testing, data recovery, curation, and report preparation.
2. In making a decision on the plan, the City Archaeologist shall consider methods to avoid, reduce, or mitigate effects on archaeological resources, including the use of conservation easements, while taking into consideration the needs of the property owner.