A. Purpose: The purpose of regulating development of lands that contain archaeological sites is to:
1. Assure that sites that contain important information regarding the prehistory and history of the area are identified, studied, protected, or properly excavated when appropriate.
2. Allow the opportunity for documentation and study of important prehistoric and historic sites.
3. Allow for the consideration of prehistoric and historic sites in the planning and development of a property to minimize delays when it is determined that study or excavation of such sites is necessary.
4. Provide for the early identification of human burial sites to ensure that the code of Iowa, as amended, regarding such burial sites is not violated and to avoid unnecessary delays in subdivision development and subdivision redesign if such sites are discovered after commencement of development.
B. Regulation Of Archaeological Sites By Other Agencies: The approval of a sensitive areas development plan under the provisions of this section is in addition to the applicant's obligation to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits.
C. Environmental Review Required: A sensitive areas development plan for property containing regulated archaeological sites must include evidence demonstrating that all regulations of this section will be met. Such plan must delineate any archaeological sites and any required buffer on the property and must document efforts to retain or preserve significant archaeological sites and burial grounds. The plan must also delineate a construction area limit, if applicable, and specify any associated restrictions thereof.
D. Notification: When the sensitive areas inventory map - phase I indicates that an archaeological site is located in the quarter section within which a site plan, planned development or a subdivision is proposed, the city will forward the site plan or subdivision plan to the state archaeologist and the state historic preservation officer for an opportunity to comment. The state may notify the city if a recorded archaeological site exists within the area of the site plan, planned development or subdivision. The state will also notify the city if the site is of such archaeological importance that it requires further study by the state or a state approved archaeologist. If the state identifies such site, the Iowa City historic preservation commission or its successor shall be notified and may proceed toward historic designation of the site as set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title.
E. Archaeological Study:
1. If it is determined by the state that further study of an archaeological site is necessary, the city may approve a site plan, planned development or a subdivision, subject to a requirement that the state or a state approved archaeologist be allowed to study the site and, if appropriate, complete an excavation of the site for the purpose of documenting the significance of the site. The state shall have a period of up to thirty (30) calendar days in which the site is frost free to study and, where appropriate, excavate the site. This requirement shall not prevent or delay activities which are approved under the grading ordinance, site plan review, planned development or subdivision regulations for portions of the property which do not contain archaeological materials.
2. The applicant may choose to hire an archaeologist approved by the state to complete a study or excavation plan approved by the state. In this way, the study or excavation work may be completed in a more timely manner.
F. Significant Archaeological Sites:
1. If the state determines that the property includes a significant prehistoric or historic site that cannot be studied and excavated within a thirty (30) calendar day period, the site plan, planned development or a subdivision plan may be approved subject to an archaeological assessment plan, which specifies a period of time in which the state or a state approved archaeologist may document or excavate a site.
2. If the site is determined to be of such state or national significance that it should not be disturbed, an attempt must be made to design the site plan, planned development or subdivision plan to allow retention of the site as private or public open space.
G. Burial Grounds: When a site contains a human burial ground, the state archaeologist shall determine the significance of the burial ground and whether or not the human remains may be disinterred. If the state archaeologist determines that the human remains should not be disturbed, the portion of the property containing the burial grounds, plus a twenty foot (20') buffer around the burial grounds, shall be set aside as permanent, private or public open space.
H. Discovery Of Unrecorded Archaeological Sites: If, during the course of grading or construction, prehistoric artifacts, historic objects or significant archaeological materials, such as human remains or a prehistoric human settlement, are encountered, the city must be notified. The city must notify the state, which may take steps to excavate and preserve the objects, if practical, or in the case of human burial grounds, the state archaeologist shall determine whether or not the human remains can be disinterred. If it is determined that the human remains cannot be disinterred, the portion of the property containing the burial ground shall be returned to its preconstruction condition by those persons responsible for the disturbance. (Ord. 05-4186, 12-15-2005)