134.06(A)(1)
Required. Within a designated
or
or
, or site or property containing archaeological or
or artifacts, no person shall undertake any of the following actions affecting the site or property, without first obtaining a from the
for:
134.06(A)(1)(a) Any
, filling, digging, removal of trees, or other activity that may alter or reveal
or paleontological material; or
134.06(A)(1)(b) Any
,
,
, or
when ground disturbance is likely to occur within an
or
or
.
134.06(A)(2) A
shall be a prerequisite and in addition to any other permits required by law. The issuance of a
by the
shall not relieve the property owner of the duty to comply with other state and local laws and regulations.
134.06(B)
Criteria. In approving or denying applications for a , the
shall consider the following:
134.06(B)(1) Whether the proposed work will have an effect on a known or anticipated
;
134.06(B)(2) Whether the extent to which the historic, archaeological, paleontological significance of the
will be affected by the proposed work is within the
;
134.06(B)(3) Whether denial of a
would deprive the property owner of all reasonable economically beneficial use of such property;
134.06(B)(4) Whether the plans may be reasonably carried out by the applicant;
134.06(B)(5) Whether the plans comply with the
;
134.06(B)(6) Whether the proposed work will have a negative impact on the
upon which such activity is to be done; and
134.06(B)(7) Whether the proposed work will have a negative impact on other
on the site or on other
within its view.
134.06(C) Application procedures for a .
134.06(C)(1) The owner or authorized agent shall complete and file an application on a form provided by the
.
134.06(C)(1)(a) Applications shall be accompanied by drawings, plans, or specifications of sufficient detail to show the proposed
,
, changes, or
and locations of ground disturbance activities as are reasonably required for decisions to be made by the
.
134.06(C)(1)(b) After the City Manager determines the application complete, the application shall be scheduled for a public hearing before the
. The
shall approve the application for a
, approve the application with conditions, or deny the application.
134.06(C)(1)(c) The
may be made subject to specified conditions, including, but not limited to, those regarding site excavation.
134.06(C)(1)(d) An approved
shall contain an effective date, not to exceed 60 days after the decision, at which time the proposed activity may begin, unless the
initiates the designation process for the site in question as a
or
. In such a case, all the rules and regulations pertaining to the designation process for a
shall apply.
134.06(D) All work performed pursuant to the issuance of a
shall conform to the requirements of such certificate. In the event work is not being performed in accordance with the
, the Building official shall issue a stop work order until it is demonstrated that work will commence consistent with the
or, if necessary, that an amended
has been obtained. No additional work shall be undertaken as long as the stop work order remains in effect.
134.06(E) In the event that any
are uncovered during development activities, such development activities in the immediate vicinity of the discovery site shall be discontinued, and certain actions shall be taken by the property owner.
134.06(F)(1) The property owner shall:
134.06(F)(1)(a) Notify the
of the discovery.
134.06(F)(1)(b) Complete a Phase 1 level survey of the property completed by a professional archaeologist meeting the qualifications and standards established by 36 C.F.R. Part 61.
134.06(F)(1)(c) Submit the survey to the
, and to the
section of the Florida Division of Historical Resources.
134.06(F)(2) If the professional archaeologist determines that the site is not significant, and said determination is verified by the
or the
section of the Florida Division of Historical Resources, then development activities may resume immediately. If the HPO fails to respond within 14 calendar days after receipt of said survey, the determination of the professional archaeologist that the site is not significant shall be presumed to be valid.
134.06(F)(3) If the site is determined to be significant, the
shall initiate preservation of the site by any of the following:
134.06(F)(3)(a) Designate the site as a
;
134.06(F)(3)(b) Recommend approval of incorporation of the site into a site development plan;
134.06(F)(3)(c) Initiate public acquisition of the site;
134.06(F)(3)(d) Offer transfer of development rights to the owner or developer, if available;
134.06(F)(3)(e) Recommend offering tax incentives to the owner or developer pursuant to F.S. § 193.505; or
134.06(F)(3)(f) Allow development activities to proceed under the supervision of a professional archaeologist, at a level of supervision to be determined by the archaeologist, to ensure protection of the site.
134.06(F)(4) If preservation of the site is not feasible, development activities in the immediate area of the discovery shall be delayed for a period of time not to exceed three months after the date of receipt of the Phase 1 level survey. During this three-month period, representatives of the State Division of Historical Resources or the
shall seek the right of access to the immediate area to survey. A professional archaeologist retained by the owner or developer shall conduct an
of the area within which the discovery was made; provided, however, that development shall resume upon either the completion of such
or the expiration of the three-month period, whichever first occurs. If necessary, the three-month time period may be extended for an additional three-month time period to allow for completion of the survey and
. If access to the site is denied, the
shall be denied.
(Ord. 2015-18, passed 9-11-2015)