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

determine if the request meets the criteria for designation as a Historic Site or Structure. The Board may approve. approve with conditions or deny the application. Upon approval of the request. an appropriate historic site or structure sign will be placed on the property, and the property shall be added to the Inventory of Historic Sites and Structures of the City. Upon approval. the application shall be provided to the SPHO. The Board shall be responsible for establishing and maintaining the Inventory of Historic Sites and Structures. 12. 100. 013 Renovations. Reconstruction or Additions to Designated Site or Structure A designatedhistoric site or structure shall not maintain such designation if any renovation. reconstruction. addition. or change is made to the site or structure. unless first reviewed and approved by the Board. The Board shall review the designations each year to determine if any unauthorized renovation. reconstruction. addition. or change has been made that Page 5 would nullify the designation. If the Board determines that a previously designated historic site or structure no longer meets the criteria. it shall notify the property owner by certified letter of a time and place for a hearing before the Board at which the Board shall determine whether to remove the site or structure from the list of designated sites. SECTION 5. ADOPTION OF NEW SECTION REGARDING THE CITY OF FORT WALTON BEACH ARCHAEOLOGICALLY SENSITIVE ZONE MAP There is hereby adopted the official map of the City of Fort Walton Beach designating an overlay use district of areas within the City that are archeologically sensitive. This official map shall be known as the" Archaeologically Sensitive Zone Map" and shall be amended from time to time by resolution of the Council. SECTION 6. ADOPTION OF NEW SECTION REQUIRING AN ARCHAEOLOGICAL RESOURCE REVIEW A new section codified as section 12. 100. 03 and entitled " Archaeological Resource Review" is adopted as follows. 12. 100.03 Archeological Resource Review To create a historical and pre- historical record of Fort Walton Beach. all property owners are encouraged to be cognizant of the potential for archaeological resources when they disturb the ground. In addition. property of residential property are encouraged to contact the owners Historic Sites and Structures Advisory Board and request a visit to their property in order to assess the need to have a Phase By providing information to 1 Archaeological Survey completed. the Historical Sites and Structures Advisory Board. a historical picture of human occupation and settlement in the area will be able to be developed. 12. 100. 031 Phase I Archaeological Survey If any development on property other than residential property will disturb the ground and is located within the Archaeological Sensitive Zone. then a Phase I Archaeological Survey is required unless waived by the Historic Sites and Structures Advisory Board. The Phase I survey is the Cultural Resources Survey and shall be conducted by a State of Florida qualified archaeologist. The purpose of this survey is to gain an understanding of what is present within the project area and whether any of the archaeological sites. historic structures or traditional cultural properties may be potentially significant resources. It is not the intent of a Phase I survey to completely define the horizontal extent. the depth. the period of occupation. the state of preservation. and therefore the total significance of a site. The intent is to determine if there are potentially significant resources on the site. A developer must follow all recommendations of a Phase I Survey. The city shall provide the report to the SHPO. The Phase I survey shall. at a minimum. include: 1. examination of the state archaeological site and historic structures files. which an contain a list of previously recorded archaeological and historic sites in the state: 2. general background research on the prehistory. history, and environment of the proiect area to provide a context within which to evaluate any newly discovered sites or buildings: Page 6  3. synopses of informal interviews with other archaeologists and historians who may have worked near the project area. and with local experts and inhabitants who may know the locations of traditional cultural properties and otherwise undocumented sites: 4. a brief inspection or reconnaissance of the proiect area that shall include shovel tests at 90 foot intervals along transects spaced 90 feet apart within the disturbed area to determine the extent of archaeological resources: and 5. recommendations. if necessary. for any Phase II work. 12. 100. 032 Phase II Survey A Phase II survey shall be required if recommended by the Phase I surveyor by City Council. A Phase II survey is the Assessment of Specific Sites and shall be conducted by a State of Florida qualified archaeologist. The city shall provide the report to the SHPO. If the SHPO determines that a site is eligible for the National Register of Historic Places. all adverse impacts to the site shall be mitigated. The Phase II Survey shall. at a minimum. include: 1. a transect map of the site: 2. excavation of several square test units with examination of the soil stratigraphy: 3. gathering of artifacts for dating and functional analysis and determination of the site' s state of preservation: 4. determination of the significance of the site: and 5. if the site is significant. a research design for mitigation: 6. additional research if necessary. 7. conclusions on the eligibility of each site tested 8. recommendations for any further work. including if Phase III is required and avoidance of any significant sites. 12. 100. 033 Phase III Survey A Phase III survey shall be required if recommended by the Phase I or II surveyor by City Council. A Phase ill survey is the Mitigation of Adverse Effect. The survey shall be submitted to the city and the city shall provide the report to the SHPO. The Phase III survey shall. at a rmmmum: 1. recommend means to mitigate the adverse effect: 2. recommend methods of recovery of archaeological data. i. e.. by digging large areas by hand or by a combination of hand and machine assisted excavation. if necessary: 3. if the site is historic. then a qualified historian shall analyze the historic documents consulted during the testing phase: and 4. recommend monitoring during construction. SECTION 7. ADOPTION OF NEW SECTION REGARDING EXCAVA TIONS ON CITY PUBLIC PROPERTY A new section codified as chapter 12. 100. 04 and entitled " Excavations on Public Property" is adopted as follows. 12. 100. 04 Excavations on City Public Property Page 7  No individual shall be allowed to use a probe. metal detector or any other device to excavate for artifacts on public property. nor can any individual remove artifacts from public property. Furthermore. no disturbances shall be authorized within properties belonging to the city. excluding public streets and rights- of-way or in the case of an emergency repair. which are located within the Archaeologically Sensitive Zone without an archaeologist being present on site during excavation or an Archaeological Survey being conducted. unless approved by the Board. SECTION 8. ADOPTION OF NEW SECTION REGARDING OWNERSHIP OF ARTIFACTS A new chapter 12. 100. 05 and entitled " Ownership of Artifacts; section codified as Removal of Human Skeletal Remains" is adopted as follows. 12. 100. 05 Ownership. Possession of Artifacts: Removal of Human Skeletal Remains All artifacts uncovered. recovered or discovered during the course of any testing or monitoring on private property shall belong to the owner of the property upon which such artifacts are found. With written permission of the property owner. the city may retain possession of artifacts from private property for a period of up to two ( 2) years to allow for their proper analysis. cataloging. recording. and conservation. Furthermore. the city may. at its discretion. attempt to obtain permanent ownership of the artifacts it deems significant to the residents of the city. Otherwise, all retained artifacts shall be returned to the property owner upon completion of the analysis. cataloging. recording. and conservation. Individuals and property owners are strongly urged to donate archaeological artifacts to the city for long- term storage, care4 protection and preservation. The removal of human skeletal remains and associated artifacts recovered in the archaeological context shall be coordinated with the local medical examiner, city, and the state archaeologist. Such remains and associated artifacts shall be dealt with in accordance with provisions of Chapter 872 of the Florida Statutes. as amended. and they are not subiect to private ownership. Such material shall be sensitively treated and. following their analysis by a physical anthropologist. shall be curated at a designated repository or appropriately reburied. If at all possible. human burials should not be removed and they should be left undisturbed in their original position. SECTION 9. DEMOLmON OF HISTORIC STRUCTURES A new section codified as chapter 12. 100. 06 and entitled " Demolition of Historic Structures" is adopted as follows. 12. 100.06 Procedures for Application for Demolition The Board shall review any application for demolition of a structure that is more than 50 years old. Criteria for Review of Application for Demolition 1) Application for demolition of a structure that is more than 50 years old shall be submitted. on a form approved by the Board. along with the appropriate fee as set forth in the General Comprehensive Fee Schedule. to the Board. Page 8  2) Notice of the application for demolition shall be posted on the premises of the building proposed for demolition in a location and manner clearly visible ffom the street and within 5 working days of the city' s receipt of the application. 3) The Board shall review the application as soon aspossible. Notice of the review meeting shall be forwarded to the owner at least ten ( 10) days before the meeting. 4) The Board shall consider the same criteria as it uses to designate a site or structure as a historic site or structure. 5) The Board may approve the demolition with a deferred effective date up to ninety ( 90) days as it deems necessary to preserve the structure. The effective date shall be determined based upon relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The Board may take such steps as it deems necessary to preserve the such as consultation with civic groups. public structure agencies and interested persons. recommendations for acquisition of property by public or private