Fort Walton Beach Ordinance — 1688 adopt archaeologically sensitive zone map — reading text

BEADING In Ine! ORDINANCE 1688 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA ENTITLED THE " ARCHAEOLOGICAL AND HISTORICAL PRESERVATION ACT;" AMEND:MENT OF SECTION 2.09. 02 OF THE CODE OF ORDINANCES, PURPOSE" REGARDING THE HISTORIC SITES AND STRUCTURES ADVISORY BOARD; ESTABLISHING PROCEDURES TO DESIGNATE INDIVIDUAL HISTORICAL SITES AND STRUCTURES; ADOPTING THE ARCHAEOLOGICALLY SENSITIVE ZONE MAP FOR THE CITY OF FORT WALTON BEACH; ESTABLISHING ARCHAEOLOGICAL RESOURCE SURVEY REQUIREMENTS; PROHIBITING EXCAVATIONS ON PUBLIC PROPERTY; REGULATING OWNERSHIP OF ARTIFACTS FOUND ON PRIVATE AND PUBLIC PROPERTY; ESTABLISHING CRITERIA FOR APPLICATIONS FOR DEMOLITION OF STRUCTURES THAT ARE MORE THAN 50 YEARS OLD; ESTABLISHING PROCEDURES FOR WAIVER OF REQUIREMENTS AND APPEAL OF DECISIONS MADE PURSUANT TO THIS ACT; ESTABLISHING A PENALTY FOR VIOLATION OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH,FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND PURPOSE A. The authority for enactment of this Ordinance is Section 166. 021, Florida Statutes 2005). B. This Act is intended to provide guidance to the property owners within the City to create a historical and pre- historical record of Fort Walton Beach. All property owners of all property within the City are encouraged to be cognizant of the potential for archaeological resources when they disturb the ground. In addition, property owners are encouraged to request assistance of the Historic Sites and Structures Advisory Board. By providing information to the Historical Sites and Structures Advisory Board, a historical picture of human occupation and settlement in the area can be developed. C. The purpose of this Act is to promote the health, safety, education, cultural and economic welfare of the public by preserving and protecting properties of historical, cultural, archaeological, aesthetic and architectural merit which serve as visual reminders of the city' s cultural, social, economic, political, scientific, religious, aboriginal, and architectural history. Page 1  D. This Act is intended to strengthen the economy of the city by stabilizing and improving property values in historic and archaeological areas, by combating urban decay through rehabilitation and revitalization, and by encouraging quality new construction and developments that are harmonious with neighboring historic structures and archaeological sites. E. In addition, this Act will assist the city and property owners to be eligible for Federal tax incentives, Federal and State grant funds and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including but not limited to section 193. 503, Florida Statutes, as amended, and the National Register of Historic Places Program. F. This Act will foster civic pride in the accomplishments of the past, to protect and enhance the city' s attraction to visitors, and to promote the use of individual sites and districts for the education, pleasure and welfare of the people of the city. SECTION 2. DEFINITIONS The following words, terms and phrases, when used in this Act shall have the meanings as defined in this section and shall be codified in chapter 12. 20, Land Development Code. Archaeological site A property or location which has yielded or may yield information on the city' s and local area's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people. Archaeologicallv sensitive zone The geographical area described on the Archaeological Sensitive Zone Map which has or may reasonably be expected to yield information on local history or prehistory based upon broad prehistoric or historic settlement patterns and existing archaeological knowledge. Archaeologicallv Sensitive Zone Map The map of the City of Fort Walton Beach, Florida that shows the archaeologically sensitive zone within Fort Walton Beach City Limits. Artifact Obiects which are a product of human modification or obiects which have been trans-ported to a site by people. This Act specifically protects artifacts found or located within the City of Fort Walton Beach that are over fifty (50) years old or contribute to the history of the City and local area. Assessment The process of determining whether a site or structure is significant as defined and controlled by this Act. Also called Phase II. Background research Page 2  The first step on aproject wherein previously recorded information ( whether archaeological. historical. cartographic. etc.) is sought about the project area. Board The Historic Sites and Structures Advisory Board. Cataloging Making a list or catalog of the artifacts found during a project. Cultural or historic resource Any prehistoric or historic district. site. building. object or other real or personal property of historical. architectural or archaeological value. The properties may include. but are not limited to. monuments. memorials. Native American habitations. ceremonial sites. abandoned settlements. artifacts or other objects with intrinsic historical or archaeological value. or any part thereof relating to the history. government and culture of the city. the state. or the nation. Demolition The act or process of wrecking. destroying or removing any building or structure. or any portion thereof Disturbance The cumulative digging. excavating. site preparation work (excluding filling or any activity not involving digging or excavating)or other construction activities. regardless of the number of individual excavation or construction areas. related to an archaeological site which occurs on any property within the archaeologically sensitive zone which is not designated " Low Density" on the Future Land Use Map of the comprehensive plan. Mitigation To alleviate the adverse effects of project construction historical or archaeological on resources. Mitigation may take the form of data recovery ( thereby obtaining the data contained in the site) or by avoidance ( thereby not affecting the site at all). Also referred to as Phase III. Non- residential development Development on any property which is not designated " Low Density" on the Future Land Use Map of the comprehensive plan. Phase 1. II and III The normal phases of a cultural resource project as defined in this act. Prehistory The time before written records. Shovel test Page 3  A survey and testing method used to determine the horizontal limits of a site where ground cover prevents examination of the ground surface. These are usually the size of a shovel and are dug to sterile ( no artifacts) soil. Soil is usually screened to find artifacts. Residential property A propertydesignated as Low Density Residential on the Future Land Use Map in comprehensive plan for the city. SHPO The State Historic Preservation Officer as defined in the National Historic Preservation Act of 1966 as amended. Significant resource A cultural resource that is important in local. regional. and national prehistory or history. or which is likely to yield answers to current research questions in archaeology and history. Survey Aphase of archaeological investigation during which surface collection and limited subsurface techniques are employed to identify archaeological sites or their absence. Traditional Cultural Property T(CP) A Native American holy place. ceremonial site. and other traditionally important places. Transect The location of a line followed by archaeologists during survey and testing. Undisturbed property A property that is in its natural state and that has not been cleared. SECTION 3. AMENDMENT OF SECTION 2.09.02, PURPOSE, OF THE mSTORIC SITES AND STRUCTURES ADVISORY BOARD Section 2. 09.02, Purpose, is hereby amended as follows. Sec. 2.09.02. Purpose. The purpose of the historic site and structures advisory board shall be to advise the council on rules and regulations governing various situations relating to historic sites and structures in the city. adopt. by a maiority of its members. rules of procedure for the transaction of business. and to approve the designation of reeomm.ead structures and sites to the eity oounctt for eonsideration as locally significant historical or archaeological resources. The board shall cooperate with the state department of state and the division of historic resources in the identification of historic and archaeological resources in the city. Page 4 SECTION 4. ADOPTION OF NEW CHAPTER REGARDING DESIGNATION OF HISTORIC SITES AND STRUCTURES A new chapter to be codified as Chapter 12. 100 of the Land Development Code and designated " Historic Sites and Structures" is adopted as follows. 12. 100. 01 Designation of Historic Sites and Structures Upon the formal request by a property owner. the Historic Sites and Structures Advisory Board may designate any site. natural or improved. including any building. improvement or structure located thereon. or any area of particular historic. architectural. archaeological or cultural significance to the City which: 1. Exemplifies or reflects the broad culturaL politicaL economic or social history of the nation. state or community: 2. Is identified with historic personages or with important events in national. state or local history: 3. distinguishing characteristics of an architectural type or specimen Embodies the inherently valuable for a study of a period. style. method of construction. or of indigenous materials or craftsmanship; 4. Is representative of the notable work of a master builder. designer or architect who influenced his or her age: or 5. Has yielded. or may be likely to yield. information important to prehistory or history. 12. 100. 011 Application for designation ofa historic site or structure An Application for Designation as Historic Site or Structure. on a form approved by the Board. shall be completed and submitted. along with the appropriate fee as set forth in the General Comprehensive Fee Schedule. to the secretary of the Historic Sites and Structures Advisory Board. and shall at a minimum include a legal description and physical address of the building or site: the history of the building or site. including information on the date a building was built. its architectural style and building materials. persons residing on the property. artifacts found on the property. and other relevant information. and a photograph of the building or site. Review. approval of application for designation of a historic site or structure 12. 100.012 The Historic Sites and Structures Advisory Board shall review each application to