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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 2 ' 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 3 ' 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. 5 ' 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 6 ' 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 8 ' 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. 9 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 10