(a) Presence of Artifacts. Any person who, at any time in the preparation for or process of excavating or otherwise disturbing the ground, discovers any artifact or other evidence of an historical archaeological resource, shall:
1. Cease and desist from all further excavations and disturbances within 50 feet of the discovery.
2. Arrange for staking completely around the area of discovery by visible stakes no more than 10 feet apart, forming a circle having a radius of no less than 50 feet from the point of discovery; provided, however, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking.
3. Notify the Planning Director.
4. Grant all duly authorized representatives of the Planning Director permission to enter onto the property and to take all actions consistent with this chapter.
(b) Property Inspection. Upon notification of the discovery, the Planning Director shall arrange for an inspection of the property by the Planning Department’s Archaeological Consultant. The purpose of the inspection shall be to determine whether the discovery is significant in terms of historic or prehistoric archaeology.
Prehistoric archaeological finds shall be subject to the requirements of County Code Chapter 16.40, Native American Cultural Sites; historic archaeological finds shall be subject to the requirements of this code section.
(c) Resumption of the Development. If, upon consultation with the Planning Department’s Archaeological Consultant, the Planning Director determines that the discovery is not a site of archaeologic significance, the Director shall notify the property owner of such determination, and excavation for the development may be resumed. Such notice, may be given orally, but shall be confirmed to the property owner in writing.
(d) Archaeologically Significant Sites. If, upon consultation with the Planning Department’s Archaeological Consultant, the Planning Director determines that the discovery is not a site of archaeologic significance, the Director shall notify the property owner of this fact, and no further excavation or development may take place except as authorized by an Archaeological Site Development Approval.
(e) Archaeological Site Development Approval. When the Planning Director has determined that an historical archaeologically significant site has been discovered during excavation or development, the Planning Director:
1. May require an archaeological report based upon the recommendation of the Planning Department’s Archaeological Consultant;
2. Shall require an Archaeological Site Development Approval prior to resumption of excavation or development. Application for such approval shall be in accordance with Chapter 18.10, Level III. The Archaeological Site Development Approval shall be reviewed by the Planning Director or his or her designee in accordance with Chapter 18.10, Level III, and shall contain conditions established by the Planning Director; such conditions shall be based upon the recommendations of the Planning Department’s archaeological consultant and an archaeological report, where one is required. 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.