(A) When the Planning Director has determined that a culturally significant site may have been discovered during excavation the Planning Director shall give notice to the property owner and shall require an archaeological site development approval prior to resumption of excavation.
(B) The archaeological site development approval shall be reviewed and issued by the Planning Director or his or her designee following an administrative hearing to occur not later than 14 days following the completion of the archaeological report. Notice of the hearing shall be given to the property owner, the Native American Heritage Commission and a representative of the most likely descendants of the local Native American groups. Any approval notice shall contain conditions established by the Planning Director, in consultation with the Native American Heritage Commission, which conditions are to be based upon the findings of an archaeological report. The conditions shall promote the purposes of this chapter. In establishing these conditions, the Director shall balance the need for preserving the site against the need to avoid unnecessary financial hardship to the property owner and all persons engaged in construction on the site.
(C) In all cases, the archaeological site development approval shall authorize resumption of excavation within 30 days of the date of the aforementioned on-site inspection or receipt of the archaeological report. The date for resumption of ground disturbance may be extended up to 47 additional days by order of the Planning Commission upon application by an interested party. Notice of the application and the time for consideration of the application shall be given to the property owner by the Planning Department. An application for extension of the date of resumption of ground disturbance must be made within five days of the issuance of archaeological site development approval. The hearing shall be held before expiration of the 30-day resumption period.
(1966 Code, § 5B-8) (Ord. 610, § 8)