Article XI, Sec. 21-925

Other

• Additional right to demolish

  In addition to the right of appeal, the owner of an archaeological resource in the archaeological protection district, the demolition, modification or destruction of which is subject to the provisions of this article, shall, as a matter of right, be entitled to demolish, modify or destroy such archaeological resource provided that the owner has applied to city council and made a bona fide offer to sell.

• Appeal period to city council30 days

  An appeal shall be filed with the zoning administrator within 30 days after the final decision of the review board.

• Duration of approval5 years

  Any approvals by the review board which are associated with an approved site plan or subdivision plan, shall expire five years from the date of approval if the work has not commenced; or if any such work is suspended or abandoned for a period of five years after being commenced.

• Approval required for modification of archaeological resources

  No archaeological resource in the Archaeological Protection District shall be modified, damaged or destroyed in whole or in part as part of a site plan or subdivision development project unless approval has been granted by the review board.

• Colonial Williamsburg guidelines compliance

  Before a site plan application or preliminary subdivision plat is approved or recommended for approval by the planning commission in the Colonial Williamsburg historic area portion of the archaeological protection district, the review board shall consider, among other things, the compliance of the proposed project with The Colonial Williamsburg Foundation Guidelines for Archaeological Preservation (adopted December 1989).

• Exemption for pre-1995 subdivisions

  This requirement does not apply to existing subdivisions of single-family lots, the preliminary or final plat of which was approved or recorded prior to January 12, 1995 or site plans which were approved prior to such date, but shall apply to any redevelopment plans for these areas which would require a site plan or an amendment, vacation, or other modification to an existing subdivision plat.

• Review board decision deadline60 days

  The review board shall act on any matter properly before it not later than 60 days after the conclusion of the meeting at which the matter was first considered unless the time is extended with the consent of the applicant or unless otherwise indicated in this article.

• Criteria for determining archaeological significance

  The purpose of the preliminary archaeological assessment and the field studies is to determine the significance of archaeological resources in the development area based upon the following criteria: research value, rarity, public value, site integrity, presence of materials, and impact of resources.

• Underlying zoning uses preserved

  Nothing in this article shall be construed to prevent the use of any land, building, or structure permitted by the regulations of the zoning district in which such land, building or structure is located.