(A) Whenever an archaeological site is discovered during the review of a proposed project, any permit subsequently issued shall contain whatever conditions the decision-making body shall determine necessary to promote the purposes of this chapter. Such conditions shall be based on the archaeological report in consultation with the Native American Heritage Commission.
(B) Conditions shall include, but not be limited to, the following:
(1) All appropriate preservation or mitigation measures. Such measures shall include, but not be limited to, the following. The preferred alternative shall be division (B)(1)(a) below.
(a) Preservation of the site through project design or restrictions on use and/or grading, such as restricting improvement and grading activities to portions of the property not containing the resource, or covering the site with earthfill to a depth where the site will not be disturbed by development as determined by a professional archaeologist; and/or
(b) Excavation of the site by a professional archaeologist in order to preserve a sample of the human remains, artifacts or other evidence. The excavation may take place only as authorized by an archaeological excavation permit.
(2) A provision that if previously undiscovered human remains are encountered during the course of excavation or development, the procedures of this chapter shall be followed.
(3) A provision that the applicant pay the full costs of any preservation or mitigation measures required under divisions (B)(1) and (2) above.
(1966 Code, § 5B-6) (Ord. 610, § 6)