(a) Statement of intent. In accordance with the objectives of the
adopted comprehensive plan and specifically with section 15.1-503.2, Code of Virginia, the
purpose of the historic resources management overlay district is to protect the historic
cultural resources of the county by ensuring that historic buildings and archeological
sites are acknowledged and incorporated into the overall design of a proposed development.
(b) Applicability. Specifically, these provisions apply to all areas of
the county which have historic and archaeological resources present on the site as
identified by the study entitled "Resource Protection Planning Revisited: James City
County, York County, and City of Williamsburg" prepared by the Department of
Archaeological Research, Colonial Williamsburg Foundation.
(c) Use regulations. Permitted uses, specially permitted uses,
accessory uses, dimensional standards and special requirements shall be as established by
the underlying zoning district, unless specifically modified by the requirements set forth
herein.
(d) Special requirements.
(1) Archaeological sites.
a. A Phase I archaeological study, as defined by the Virginia
Department of Historic Resources, shall be undertaken for all development within the HRM
District.
b. If, based on the "Guidelines for Preparing Archaeological
Resource Management Reports" of the Virginia Department of Historic Resources, the
Phase I study indicates the desirability for additional studies, a Phase II and, if
warranted, a Phase III study of the site shall also be completed. The recommendations of
such studies shall be incorporated into the plan of development and any clearing, grading,
or construction activities.
c. Alternatively, instead of performing additional studies, the
archaeological resource may be preserved in place provided, however, that the zoning
administrator shall require that sufficient study and analysis are performed which shall
determine the locational extent of the resource so as to ensure its future accessibility.
(2) Architectural structure.
a. The Secretary of the Interior's Standards for the Rehabilitation and
Guidelines for Rehabilitating Historic Buildings shall be used in performing appropriate
architectural studies or analyses of standing structures.
b. In the case of demolition of historic standing structures, the
zoning administrator may require that a set of measured drawings be prepared by a licensed
architect and filed with the county and the state historic preservation office prior to
demolition occurring.
(3) All archaeological and architectural studies shall be submitted to
the zoning administrator for review and approval and shall be made a part of any
development plan approval.
(e) Waiver of certain requirements. Upon written request from the
developer, the zoning administrator may waive any of the above requirements deemed not to
be necessary for the proposed project or where it is determined in writing by competent
authority recognized by the zoning administrator or state historic preservation officer
that the value of the historic resource is insignificant in comparison to the cost of
required studies, recovery, or preservation plans.