1992-06 Archaeological Site Protection Regulations~i
ORDINANCE N0.6-92
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PROVIDING FOR CREATION OF ARCHAEOLOGICAL SITE PROTECTION
REGULATIONS; PROVIDING FOR PURPOSE AND INTENT; DEVELOPMENT
OF PREVIOUSLY UNDISCOVERED SITES WHERE ARTIFACTS, HUMAN
SKELETAL REMAINS, OR NON-HUMAN VERTEBRATE FOSSILS ARE FOUND;
PROVIDING FOR DEFINITIONS; PROVIDING FOR CRITERIA FOR
IDENTIFICATION OF ARCHAEOLOGICAL SITES AND PROCEDURES FOR
SITE IDENTIFICATION; PROVIDING FOR CERTIFICATES TO DIG TO BE
ISSUED BY THE PUBLIC SERVICES DEPARTMENT OF THE VILLAGE;
PROVIDING FOR APPEALS; PROVIDING FOR PENALTIES; PROVIDING
FOR CAPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
' WHEREAS, Chapter 163, Part II (Local Government Comprehensive
Planning and Land Development Regulation Act), Florida Statutes,
provides that municipalities shall have the power and
responsibility to plan comprehensively for their future development
and growth, including the adoption and implementation of
appropriate land development regulations which are necessary or
desirable to implement a comprehensive plan, as provided in Section
163.3202 of Florida Statutes; and
WHEREAS, Chapter 267, Florida Historical Resources Act,
Florida Statutes (1991), encourages the preservation of historic
resources; and
WHEREAS, it is the intent of the Village Council to provide
' for the health, safety, and welfare of existing and future
residents of the Village by establishing minimum standards for the
' identification, recognition, interpretation, enhancement and
preservation of significant archaeological resources located within
the Village of North Palm Beach, Florida.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section I. PURPOSE AND INTENT.
A. It is hereby declared that the protection, enhancement
and examination of significant archaeological resources
is in the interest of the health, safety and welfare of
the people of The Village of North Palm Beach. It is
acknowledged that within the Village of North Palm Beach
there exists sites which are of significant
archaeological value as prehistoric, historic and
cultural resources.
B. The purposes of this Ordinance are to:
1. Establish a procedure for review of development
proposals on lands which are identified as
' containing archaeological resources.
2. Establish a method to review the potential
archaeological value of previously unidentified
sites after the discovery of prehistoric and
historical artifacts, skeletal or fossilized
human remains, or non-human vertebrate fossils
during development;
3. Establish a mechanism to protect, when appropriate,
resources of significant archaeological value
identified pursuant to this ordinance that are
deemed important by a qualified archaeologist to
the prehistory or history of the County, State or
Nation; and
4. Facilitate protection of resources of significant
archaeological value without substantially delaying
development.
Section II. APPLICABILITY.
This ordinance is applicable within the incorporated limits of the
Village of North Palm Beach and shall apply to:
' A. A parcel on which a previously unidentified artifact
or any human skeletal or fossilized human remain or
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' non-human vertebrate fossils of significant
archaeological value is found during site development.
Section III. DEFINITIONS.
Onless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in comrnon usage and to give this ordinance its most reasonable
application.
Applicant: Person or entity applying for a Certificate to Dig.
Application: Application for a Certificate to Dig.
Archaeoloaical Evaluation Report Letter prepared by the
village's consulting archaeologist after issuance of a Suspension
order by the Department. The letter evaluates the potential
significance of an archaeological site.
Archaeoloaical Site: A property or location which has yielded
or might yield information on the County, State or Nation's history
or prehistory. Archaeological sites are evidenced by the presence
of artifacts and features on or below the ground surface indicating
the past use of a location at least seventy-five (75) years ago by
people. Archaeological sites include aboriginal mounds, forts,
' earthworks, village locations, camp sites, middens, burial mounds,
missions, historic or prehistoric ruins which are, or may be the
source of artifacts or other items of significant archaeological
value.
Archaeologist, Oualified: An archaeologist who is a member of,
or is qualified for membership in the Florida Archaeological
Council or the Society of Professional Archaeologists.
Artifacts: Relics, specimens or objects of historical,
prehistorical, archaeological or anthropological nature, over
seventy-five (75) years old, which may be found on, above, or below
the surface of the earth, including land and water, which have a
scientific or historic value as objects of antiquity, as aboriginal
relics or as anthropological specimens, including but not limited
to clothing, tools and weapons made of ceramics, worked stone,
shell, bond, teeth, hide, feathers and horn, metal coins, glass,
beads, building material, daub, and plant fibers. Objects over 75
years old but not of significant archaeological value shall not be
considered an artifact for purposes of this ordinance. Further,
objects under seventy-five (75) years old and deemed by a qualified
archaeologist to be of significant archaeological value shall be
subject to the provisions of this ordinance.
' Certificate to Dip: A certificate that is necessary prior to:
(1) removal of a suspension order on a site where artifacts or
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' fossilized human remains or non-human vertebrate fossils are found
during the development process.
Archaeologist Consultant• Consultant to the Public Services
Department who shall be a qualified archaeologist.
Department :_ Public Services Department.
Developer: Any person, including a governmental agency,
undertaking any development as defined in this ordinance.
Development: As defined in Section 380.04, Florida Statutes, as
well as site preparation work consisting of excavation, earth
moving, and the like. This definition shall not include: (1) the
dividing of land into two or more parcels; (2) demolition of a
structure except as necessary for construction and occurring after
receipt of the Valid Development Order.
Development Order• Any order granting or granting with conditions
an application for a development permit.
Development Permit• Means any rezoning, special exception, special
permit, site plan, subdivision plat, excavation or land clearing
' permit, building permit, or any other official action of the
Village of North Palm Beach having the effect of permitting the
development of land.
Fossil: A remnant or trace of an organism of a past geological
age.
Significant Archaeological Value• An archaeological site, fossil
or artifact which could yield or has yielded information deemed by
a qualified, archaeologist to be of significant scientific,
historical, ethnic or public significance to the history or
prehistory of the County, State or Nation.
Suspension Order• Order suspending construction work directly
over the potential archaeological find. During the initial site
visit, a qualified archaeologist may extend the boundary of the
suspension order based on the potential significance and geographic
coverage of the find.
Unmarked Human Burial: Any human skeletal or fossilized remains
discovered during any land development activity or archaeological
excavation.
SECTION IV. DEVELOPMENT SUBJECT TO ARCHAEOLOGICAL REVIEW
' Development shall be subject to this ordinance as follows:
' A. PREVIOUSLY UNIDENTIFIED ARCHAEOLOGICAL SITES DISCOVERED DURING
DEVELOPMENT
When one or more artifacts of human skeletal or fossilized
remains or non-human vertebrate fossils are found on a
site during development, all development activity directly
over the find shall cease. The following procedure shall
apply:
1. The area directly over the find shall be staked by
the property owner or agent of the property owner,
contractor or subcontractor, or other party
discovering the potential find;
2. Within one (1) working day of discovering the
potential find, the Department and, if applicable,
the property owner shall be notified;
3. Within three (3) working days, the archaeologist
consultant to the Village shall inspect and
evaluate the site for the purpose of determining
whether artifacts or human skeletal or fossilized
remains or non-human vertebrate fossils are located
on a site. If the qualified archaeologist
determines a significant archaeological resource
is on site or likely to be on site, the Director
of the Public Services Department shall issue an
order suspending construction and define the
area where the order suspending construction applies,
based upon the archaeologist's assessment. Such
order does not have the effect of a stop work order and
shall not stop construction activity not directly
impacting the defined potential archaeological site;
The Archaeologist Consultant shall evaluate the
significance of the archaeological find and send a
written Archaeological Evaluation Report to the
property owner and Director of the Public Services
Department within seven (7) working days from
issuance of the suspension order; and,
5. In the Archaeological Evaluation Report, the
Archaeologist Consultant shall require an
application for a Certificate to Dig be prepared
if the archaeologist determines the site contains
artifacts of significant archaeological value. If the
Archaeologist Consultant determines that there is no
reasonable possibility that artifacts of significant
archaeological value are contained on the site, the
archaeologist shall make such a finding to the Department
in the Archaeological Evaluation Report and the
Department shall immediately lift the suspension order.
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' B. SITES CONTAINING HUMAN SKELETAL REMAINS
If human skeletal remains are found, then Section 872.05,
Florida Statutes (1991), as amended from time to time,
controls.
SECTION V. CERTIFICATE TO DIG
A. APPLICATION:
Owner of parcels required by Section IV above, to make
application for a Certificate to Dig to the Department shall make
such application prior to the issuance of a development order and
a copy of the application shall be forwarded by the Department to
the Palm Beach County Historical Commission. The application for
the Certificate to Dig shall be made on a form available from the
Department. Only one (1) certificate to Dig shall be required to
develop a site unless additional resources are found during site
development.
B. REPORT CONTENTS OF A CERTIFICATE TO DIG:
The application for a Certificate to Dig shall be subject to
a fee established by the Department, governed by Section V.C.,
below, and include a report prepared by a qualified archaeologist.
The report shall at minimum contain a documented search of the
Florida Master Site Files, a brief history of the area, an
archaeological survey and field inspection performed in a
professionally acceptable manner, an assessment of the
archaeological significance of the site, and a proposed plan for
management.
All reports submitted to the Department on properties
determined to be of archaeological significance shall include the
preparation of a Florida Master Site File (FMSF) form, which shall
be forwarded by the Department to the Division of Historical
Resources of the Florida Department of State. Copies of FMSF forms
shall be available at the Department.
C. STANDARDS FOR ISSUANCE OF A CERTIFICATE TO DIG:
Within three (3) working days of receiving an application, the
Department shall make a determination of the completeness of the
application. If the application is determined to be incomplete,
the Department shall request additional information by certified
mail. When the application is complete, the Department shall
prepare its evaluation of the application and notify the applicant
of its findings within ten (10) working days. Evaluation of the
application by the Department shall be based upon guidelines in
this Ordinance and recommendations included in the archaeologist's
report and recommendations of the Palm Beach County Historical
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' Commission and the recommendation of the Palm Beach County
archaeologist.
The Department's evaluation shall do one of the following:
1. If the property is determined to have no significant
archaeological value or insignificant value, the
Department shall, if applicable, issue the Certificate
to Dig, or lift the construction suspension order, if
applicable, and the development may proceed; or
If the property is determined to have significant
archaeological value, the Department shall issue a
Certificate to Dig with or without conditions that are
deemed necessary to protect or permit the excavation of
any part of the site found to be of significance,
including conditions regarding site design. In order
to protect archaeological resources of significant value,
the Department may require the applicant to do one or
more of the following as part of receiving the
Certificate to Dig:
a. Preserve the
space of the
' b. Redesign the
preservation
containing t
resources;
c. The property
seek funding
if agreed to
archaeological site within open
development;
development to accommodate
of all or a portion of a site
ne significant archaeological
owner may voluntarily fund or
for excavation of the resource,
by the Village.
3. If the Village finds it is impossible to adequately
preserve the significant archaeological resource
using the standards and procedures in 2., above, and
the proposed development plan would adversely affect
any significant archaeological resources found on the
site, the Department may delay issuance of a Certificate
to Dig for up to four (4) weeks after the submittal
of a completed application so that either:
Appropriate archaeological excavation may be
conducted to properly extract and interpret the
significant archaeological resources found on
the site; or
b. The Village may approach any recognized historic
' preservation agency to seek alternative solutions;
or
°• A buyer may be found to purchase a site for either
' site preservation or in order to allow detailed
excavation, analysis and interpretation of the
site.
4• Fee for Application for Certificate to Dig.
The Department shall charge a fee covering the direct and
indirect costs associated with reviewing an Application
for a Certificate to Dig, issuing the certificate and
monitoring compliance with the certificate. Fees for the
issuance of a Certificate to Dig shall be added to the
Department Fee Schedule by resolution of the Village
Council.
SECTION VI. COST
A. The initial cost of the archaeologist consultant that
is required by SECTION IV, shall be borne by
the Village.
B• Cost incurred under SECTION V. CERTIFI__CATg_TO DIG,
archaeologicalafind the cost shall of a p°sitive
' the property owner and the be split between
Village,
C• Cost incurred under SECTION V. where remains exist
but are not of archaeological significance shall be
borne initially by the Village; however, if
criminal significance is attached to the find, then
the cost will be treated as a normal criminal
investigative activity.
SECTION VII. APPEALS
Within thirty (30) days of a written decision by the Department, an
aggrieved party may appeal the decision by filing a written
of appeal with the Clerk of the Village of North Palm Beach.
notice of appeal shall state notice
the grounds for the a the decision which is bein The
is sou ht, Ppeal, and a brief summary of the reliefewhich
g Within thirty (3p) days of the filing of the a
the first Regular Meeting of the Village Council,
later in time ppeal or
at which ~ the Village Council shall conduct whichever is
time they may affirm, modify or reverse the bdecisionrng
the Department. The applicant shall be notified by certified mail,
return receipt requested, of the of
hearing and shall be provided an date, time and
and evidence and to °pportunit Place of such
contained be represented by counsel or anragent.teNothiny
herein shall preclude the Village Council from
additional information prior to rendering a final decision.
' decision of the Village Council seeking
shall be in writin The
g and a copy of
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' the decision shall be forwarded to the appealing party. An
applicant may appeal a final decision of the Village Council within
thirty (30) days of the rendition of the decision by filing a
petition for Writ of Certiorari in Circuit Court of the Fifteenth
Judicial Circuit in and for Palm Beach County, Florida.
SECTION VIII_ PROCEDURE FOR ADDRESSING VIOLATIONS~_HEARING AND
PENALTIES.
Upon detection by the Village that a property owner, agent of
property owner, contractor or subcontractor has violated this
ordinance, the Village shall notify the violator(s) and the
property owner, if applicable, that a hearing has been set before
the Code Enforcement Board of the Village. The notice, hearing and
fines shall be in accordance with the procedure set forth for the
Code Enforcement Board as set forth in Article VI of Chapter 2 of
the Code of Ordinances of the Village. In addition to the
sanctions contained above, the Village may take any other
appropriate legal action, including, but not limited to, requests
for temporary and/or permanent injunctions to enforce the
provisions of this ordinance. It is the purpose of this ordinance
to provide additional cumulative remedies.
SECTION IX. CAPTIONS.
' The captions, section headings, and section designation used
in this ordinance are intended for convenience of users only and
shall have no effect on the interpretation of the provisions of
this ordinance.
SECTION X. SEVERABILITY.
If any section, paragraph, sentence, clause, phrase, or word
of this ordinance is for any reason held by a Court to be
unconstitutional, inoperative or void, such holding shall not
affect the remainder of this ordinance.
SECTION_XI_ CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
' SECTION XII. EFFECTIVE DATE
This ordinance shall take effect immediately upon adoption.
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PLACED ON FIRST READING THIS 23RD DAY OF
1992.
APRIL
PLACED ON SECOND, FINAL READING AND PASSED THIS 28TH DAY OF
1992.
AYOR
(Village Seal)
ATTEST:
VILLAGE CLERK
n
J
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