DIVISION 7. OVERLAY DISTRICTS

(a) Statement of intent. In accordance with the objectives of the adopted comprehensive plan and specifically with section 15.2-2306, 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, properly documented, and protected or recovered as development activity occurs.

(b) Applicability. The Historic Resources Management Overlay District shall apply to all properties in 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 and/or as may be identified in the historic resources database maintained and managed by the Virginia Department of Historic Resources. In addition, the HRM overlay provision shall apply to all properties identified in the architectural resources database maintained and managed by the Virginia Department of Historic Resources.

(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 performed in accordance with the Guidelines for Archaeological Investigations in Virginia, 1996 or as amended, published by the Virginia Department of Historic Resources, shall be undertaken in conjunction with all development proposals involving any properties within the HRM District.  The Phase I study shall identify, in accordance with accepted practices, any sites potentially eligible for listing of the Virginia Landmarks Register or the National Register of Historic Places.

b. Potentially eligible sites recorded in the Phase I study that cannot be avoided by the development shall be further evaluated through the performance of a Phase II evaluation conducted in accordance with the referenced Guidelines. Sites that are to be avoided shall be cordoned-off in the field by orange mesh snow fencing or other protective markings/delineations prior to any land disturbing activity on the property. The Phase II study shall be submitted to the County for review and approval.

c. At the conclusion of the Phase II evaluation and its approval as to compliance with the preparation Guidelines, if a site is determined not eligible for listing on the National Register of Historic Places, then development may occur within the subject area. If the site is determined to be potentially eligible for listing on the National Register, then the following mitigation options are available:

    1. Avoidance. In cases where the resource is located outside of any areas that will be disturbed by development activities, the resource site may be avoided by setting aside the site and a sufficient perimeter buffer in an undisturbed natural area. National Register eligible archaeological sites that are to be avoided by the development shall be clearly marked on project construction maps. In addition, if ground clearing or construction activities will take place within 100 feet of the site area, then the site boundaries shall be cordoned-off in the field with orange snow fencing or other appropriate barrier.

   2. Partial Avoidance and Data Recovery. In cases where the resource site is partially located within a natural area to be left undisturbed by development activities and partially within an area to be disturbed by development, data recovery shall be required for the site area to be impacted. The site area that is to be protected/preserved shall be clearly marked on project construction plans. In addition, if ground clearing or construction activities will take place less than 100 feet from the site, then the remaining resource boundaries shall be cordoned-off in the field with orange snow fencing or other appropriate barrier. A Treatment/Data and Resource Recovery Plan shall be completed and submitted to the zoning administrator for review and approval as to compliance with preparation guidelines.

   3. Data and Resource Recovery. If the resource site cannot be avoided by development activities, then a Treatment Plan / Data and Resource Recovery Plan shall be completed and submitted to the zoning administrator for review and approval as to compliance with the preparation Guidelines.

d. Archaeological excavations being conducted in accordance with an approved Treatment / Data and Resource Recovery Plan shall be under the direct supervision of an archaeologist who meets the Secretary of the Interior's Professional Qualification Standards promulgated by the United States Department of the Interior. All work and resulting reports shall meet the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation promulgated by the United States Department of the Interior and VDHR’s guidance entitled, Guidelines for Preparing Identification and Evaluation Reports for Submission Pursuant to Section’s 106 and 110, National Historic Preservation Act, Environmental Impact Reports of State Agencies, Virginia Appropriations Act, 1998 Session Amendments and Guidelines for Archaeological Investigations in Virginia June 1996, and any subsequent amendments to such guidelines. All field and laboratory methodology, as well as the final report, shall be conducted in accordance with standards set forth in the VDHR’s Guidelines for Preparing Archaeological Re-source Management Reports and will meet the qualifications set forth in the Secretary of Interior's Professional Qualification Standards.

 

(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 event demolition of an architecturally or historically significant standing structures is proposed, 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.  All such reports or studies submitted to meet the requirements of this section shall include a signed statement by the preparer certifying that they have complied with all applicable research methodology and guidelines. The zoning administrator shall determine whether the studies have been prepared in accordance with the applicable guidelines through consultation with the Virginia Department of Historic Resources or through such other procedures as deemed appropriate.