Ordinance 91-070 ORDINANCE NO. 91- 70
AN ORDINARCE ESTABLISHING REGUI2%TIONS FOR THE USE,
PROTECTION AND PRESERVATION OF HISTORICAL AND
ARCHAEOLOGICAL SITES, DISTRICTS, STRUCTURES,
BUILDINGS AND PROPERTIES; PROVIDING FOR INTENT AND
FINDINGS; SHORT TITLE AND CITATION; DEFINITIONS;
.HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
CREATED AND ESTABLISHED; PROVIDING FOR AREAS OF
HISTORIC/ARCHAEOLOGICAL PROBABILITY; APPLICABILITY
DURING DEVELOPMENT REVIEW PROCESS, COUNTY PROJECTS,
AGRICULTURE, WAIVER REQUESTS; PROVIDING HISTORICAL/
ARCHAEOLOGICAL SURVEY AND ASSESSMENT COMPONENTS;
DESIGNATION OF 'HISTORICAL/ARCHAEOLOGICAL SITES,
STRUCTURES, DISTRICTS, BUILDINGS AND PROPERTIES;
~ ~SSUANCE OF CERTIFICATES OF APPROPRIATENESS;
NCENTIVES; DISCOVERY OR ACCIDENTAL DISTURBANCE 0~
-~ISTORICAL OR ARCHAEOLOGICAL SITES AND PROPERTIES;
~ ~LLFUL DISTURBANCE OF HISTORICAL/ARCHAEOLOGICALLY
~.'~ ~%GNIFICANT SITES, DISTRICTS, STRUCTURES,
~,~ ._~LDINGS, AND PROPERTIES; WILLFUL DISTURBANCE .OF
~ ._~RISDICTION; PENALTIES; PROVIDING FOR CONFLICT AND
%q~RABILITY; AND EFFECTIVE DATE.
~---WHEREAS, the Board of County Commissioners of Collier County,
Florida is the governing body of Collier County; and
WHEREAS, there are located within Collier County certain
historic and prehistoric archaeological sites and historic areas,
str~ctures,, buildings, improvements and appurtenances, both public
and private, both individual properties and districts,' which are
monuments' and landmarks of past eras, events and persons impor~ant'
~n local, state and national history; significant scientific
repositories of prehistoric cultures; and that provide significant
examples of past architectural styles and are unique and
irreplaceable assets to the County; and
WHEREAS, these sites, areas, structures, buildings,
improvements, and appurtenances provide concrete evidence for this
and future generations of our physical surroundings in past
generations and of our'cultural development and these historic
resources are the tangible remains of the prehistoric and historic
heritage of Collier County and the State of Florida; and
WHEREAS, the recognition, protection, enhancement, and
sensitive use of such resources is in the public interest, and is
essential to the health, safety, and welfare of the' residents of
Collier County; and
WHEREAS, Collier County intends to pursue Certified I~cal
Government status in order to assume an active role in the process
of nominating local properties to the National Register of
Historic Places and thereby qualify for grant programs available
to Certif~ed Local Governments~ and
WHEREAS, it is a matter of public policy that the
identification, evaluation, preservation, protection, enhancement
and sensitive use of historic and archaeological sites and
districts are public necessities because of their value as v~sual
reminders of the heritage of this commUnity; and
WHEREAS, the identification and preservation of significant
historic and archaeological sites and properties is consistent
with Collier County's Growth Management Plan - Future Land Use
Element, Policy 3.1.i and Conservation and Coastal Management
Element, P01icy 12.1.1;
NOW~ THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County Florida, that:
SECTION ONES INTENT ~ FINDINGS
It is the intent of this Ordinance to recognize the
importance and significance of Collier County's historical and.
~rchaeological heritage. To that end, it is the County's intent
to protect, preserve, and perpetuate Collier County's historic ~nd
archaeological sites, districts, structures, buildings, and
proper~ies; .
Further, the Board of County Commissioners of Collier County,
Florida finds that this Ordinance is necessary to protect the
public interest,'to halt illicit digging or excav-a~ion activities
which could result in the destruction of prehistoric and historic
archaeological sites, and to regulate the use of land in a manner
which affords the maximum protection to historic and
archaeological sites, districts, structures, buildings and
properties consistent with individual property rights. It is not
the intent of this Ordinance to deny anyone the use of his
property, but rather to regulate the use of such property in a
manner which will ensure, to the greatest degree possible, that
historic and archaeological sites, districts, structures,
buildings and properties are protected from damage, destruction,
relocations, or exportation.
SECTION T~O: SHORT TITLE AND CITATION
This Ordinance shall be known as and may be cited as the
~i~ "Historic/Archaeological Preservation Ordinance" and
shall
be
:' administered by the Commdnity Developmgnt Services Administrator.
k" BE~TION THREE: DEFINITIONS
. &. ~lter shall mean anymaterial change to the'external or
,' internal features of a building, structure or property.
.? .. b. ~rtifact shall mean relics, specimens, or objects of
historicai, prehistorical, archaeological, or anthropological
nature which may be found on, above or below the surface of the
?? earth,.which may have a scientific or historic value as objects .of
~' 'antiquit~, aboriginal relics or as anthropological specimens,
'~,i~" including but not' limited to aboriginal and non aboriginal
ceramics, worked stone, shell, bone, teeth, horn, metal coins,
..'~:~. glass, beads, and brick/building material.
o. Associated Buri&l Artifact shall mean any object
? intent.ionally buried with human remains, as a memorial to the
~ deceased, a marker, monument, or the like.
d. Board of County Commissioners 'shall mean the Board of
County Commissioners'of Collier County, Florida.
e. .Certificate of Appropriateness shall refer to
Certificates issued by the Preservation Board for sites,
structures, buil~ings, districts, and properties d~signated as.
historical/archaeologically Significant.
f. Certified Archaeologist shall refer to an Archgeologist
who meets the professional qUalifications standards outlined in
the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation (Federal Re~ister)
51¢46~:8248-82 52. March 10.
g. Contributing Project shall mean any development project
which contains known and recorded Historical/Archaeological
Resources as defined by this Ordinance.
h. County Projects shall include the construction of any
governmen~ project.
i. Demolition shall mean the complete or substantial
removal or destruction of any historic or archaeological sites,
districts, structures, buildings or property.
J. Development shall mean the act, process, or result..of
clearing or improving land or the act, process, or result of
placing buildings or structures on a lot or parcel of.land.
k. Disturbance shall mean any action or activity which will.
change or cause to change the location, physical condition or
status of an historic or archaeological site, structure, building
or property.
1. ae (him) shall be construed to include the feminine and
neuter.
m. Historie&l/Archasologio&l Building, property, site, or
structure shall refe= to any building, property, site, or
structure, designated pursuant to Section 8 of this Ordinance.
n. Historical/Archaeological District shall refer to any
district designated pursuant to Section 8 of this Ordinance and'is
a geographically definable area, urban or rural, possessing a
significant concentration, linkage, .or continuity of sites,
bu.ildings~ structures, or properties united by past events or
aesthetically by plan or physical development. A district may
also comprise individual elements separated geographically but.
linked by association or history.
o. Historic/Archaeological Preservation Board shall mean
that advisory board appointed by the Board of County Commissioners
having the authority, powers, and duties specified herein.
p. Historic/Archaeological Resource shall mean an
individual specific, location, real or personal
property indigenous to Collier County, Florida, which contains
information on local history or prehtstory including, but not
limited to, structures, monuments, memorials, native American
Indian habitations and mounds, ceremonial sites, abandoned
settlements,' "lost" historic and prehistoric cemeteries, unmarked
burials, artifacts, treasure trove, ships, their cargo, parts and
fittings, and any other objects of antiquity relating to the
history, prehistory, government or culture of Collier County,
Florida. %'
q. Historical and archaeological Survey an~ assessment
shall refer.to the Historic/Archaeological Survey and.Assessment
to be completed by a Certified Archaeologist according to
guidelines established by Section Seven of this Ordinance.
r. Looting, pillaging, vandalizing, or desecration of
historic and &rohaeologieal sites or properties shall mean the
'unlawful' examination, excavation, removal, disturbance or
exportation of an historic or archaeological site, structure,
building, or property, artifact, human burials, human skeletal
remains or associated burial artifacts, found upon or within any
public or private land including submerged lands.
'?. s.. Map of ~rsas of Historical/Archaeological Probability
:i. shall refer to the official map created by the Preservation Boa~d
~.. and adopted by the Board of County Commissioners delineating areas
and sites ~nd' potential areas and sites of historical/archaeo-
~::'
logical significance.
t. National Register of Historic Places shall mean the
: federal listing ~aintained by the U.S. Department 6f the Interior
of buildings, ·sites, structures, properties and districts that
~.. have attained a quality of significance as determined by the
· . '" Historic Preservation Act of 1966, as amended.
u. Ordinary Repairs or Maintenance Shall mean the work done
:~i~-- to prevent deterioration, decay, or damage to a building or
~'. structure, or any part thereof, by restoring the building or
lib
structure as nearly as practicable to its condition prior to such
deterioration, decay or damage.
v. Owner of Record shall mean the current title holder or
owner as reflected on the current Collier County tax rolls.
w. ~Preliminar~ survey shall refer to a field check within a
project's boundaries to evaluate the area for potential
historical/archaeological, sites, buildings, structures,
properties, and districts.
x. Reconstruct shall mean the physical building or ~
rebuilding of a portion of a building or structure..
~. Relocate a Building or Structure shall refer to the
physical moving of a building or structure from one geographic
site to a~other.
s. Site Inspection shall refer to a project site visit
conducted by Development'Services staff as part of staff review of
'apPlicatkons for land use change.
aa. Unmarked Human Burial shall mean any unmarked location
where human skeletal remains or associated burial artifacts are
discovered or believed to exist on the basis of archaeological or
historical evidence.
SECTION FOUR: HISTORIC/ARCHAEOLOOICAL PRESERVATION BOARD CREATED AND ESTABLISHED
a. Creation
There is. hereby created an Historic/Archaeological
Preservation Board, hereinafter referred to as the "Preservation
Board," as an' advisory board to the Board of County Commissioners
forCollier County, Florida.
b. Power, Authority and Jurisdiction
The Preservation Board is vested with the power, authority,
and Jurisdiction to designate, regulate, and administer '
historical and archaeological resources in Collier County, as set
forth by this Ordinance, under the direct jurisdiction and control
of the Board of County Commissioners.
o. Membership
The Preservation Board shall consist of seven (7) members
appointed by the Board of County Commissioners. Each member of
the Prtservation Board shall hold office only so long as ho or she
is a resident of Collier County, Florida. Appointments shall be.
made by resolution of the Board of County Commissioners on the
basis of a potential member's involvement in community issues,
integrity, experience, and interest in the field of historical and
archaeological preservation. '3
(1) The Board of County Commissioners'shall appoint one
member, from each of the following categories:
(a) History;
(b) Archaeology;
(c) Real Estate, Land Development, or
Finance
(d) Architecture, Engineering, Building
Construction, or Landscape Architecture
(e) Law or Urban Planning.
The two remaining positions shall be filled by
citizens at large.
(2) All members of the Preservation Board must comply
with the financial disclosure laws of the State of Florida~
(3) Initially, two members shall be appointed to
one-year'terms;'two members shall be appointed to two year
terms and three members shall be appointed to three year
terms. After initial appointments, all appointments shall be
made for three years. A Preservation Board member shall be
eligible'for reappointment, but shall be limited to t%;o
consecutive terms. Members of the Preservation Board shall'
serve without compensation. Prior to the expiration of his
or her term, a member of the Preservation Board may be
removed from office by a majority vote of the Board of County
Commissioners. A Member of the Preservation Board shall be
7
automatically removed if he is absent from two consecutive
meetings without a satisfactory excuse or in the alternative
if he is absent from more than one-fourth of the meetings in
a given fiscal year provided that the Preservation Board has
met at least eight times in the given fiscal year. Members
shall be deemed absent from a meeting when they are not
present during at least 75% of the meeting. The Board of
County Commissioners shall fill the vacancy by appointment.
d. Organi~&tion
(1) The members of the Preservation Board shall elect a
chairman and a vice-chairman for a one-year term'each. The
chairman shall preside at all meetings and shall have the
right to vote. The vice-chairman shall preside in the
absence of the chairman. The chairman and vice-chairman may
be reielected for an additional one year term each, but may
not serve for more than two consecutive years.
(2) Collier County shall provide adequate staff to
allow the Preservation Board to perform its duties. Staff
shall consist of at least one staff person from Community
Development Services Division and one clerical person who.
shall be responsible for recording and transcribing the
minutes of all meetings of the Preservation Board.
(3) All meetings of the Preservation Board shall be
open ~o the public. A public record, of the Preservation
Board~s minutes and resolutions shall be maintained and made
available for inspection by the public.
(4) T~e Preservation Board shall meet 'a~ least once, per
month, at a date and time to be decided by the Preservation
Board, unless there is no business pending before the
Preservation Board. Regardless of the lack of pending
business the Preservation Board shall meet at least four (4)
times during any calendar year.
(5) The Preservation Board's meeting agenda shall be
published the Sunday prior to the scheduled meeting in a
newspaper of general paid circulation in the County and of
general interest and readership in the Community. The ad may
be placed where other legal notices appear.
s. Powers and Duties
The ~reservation Board shall have the following powers and
duties:
(1) To propose rules and procedures to implement the
provisions of this Ordinance to the Board of County
Commissioners;
(2) To create a map delineating the areas of
archaeological and historical significance which.shall be
subject to approval, by resolution, of the Board of County
Commissioners. This map shall be known as "The Map of Areas
of Historical/Archaeological Probability" and shall be
completed within one year from the date of the first meeting
of %he Preservation Board;
(3) Maintain and update the Map of Areas of
Historical/Archaeological Probability at intervals not to
exceed five years. All subsequent changes to the map shall
be subject to approval by the Board of County Commissioners;
(4) TO designate specific sites, structures, districts,
buildings, and properties as historically and/or archaeo-
logically significant in accordance with Section Eight of
this Ordinance;'
.... (5) TO seek assistancs and advise on technical related
matters requiring professional expertise.
(6) T6 maintain a master file of sites; 'districts, .
structures, buildings, and properties designated as
historically significant; and maintain a separate master file
of sites designated as archaeologically significant;
(7) To prepare and recommend to the Board of County
Commissioners financial and technical incentive programs to
further historic and archaeological preservation;
!!,i: (8) To increase the awareness of historic and
archaeological preservation and its community benefits by
.,. promoting public education programs;
,,~,~ (9) To apply for, in the name of Collier County only,
· gran~ assistance from state, federal or private sources
for the purpose of furthering historic and archaeological
preservation subject to approval of the Board of County
· Commissioners.
.~ (10)' To review the appropriateness of appXying for,,the
,~ designation as a Certified Local Government (Section 5
C.F.R., Title 36, Part Gl)on behalf of Collier County; ~
(11) Upon Collier County's designation as a Ce~tified
Local Government, to review and make recommendations
concerning National Register of Historic Places nomination
proposals to the Florida Review Board;
?. (12) To identify criteria for determining the potential
~'/~: location of historical/archaeological sites which shall be
used by Project Review Services during site inspection.
('13) To design an application for the Certificate of
Appropriateness;
(14) To issue Certificates of Appropriateness based on
· criteria'outlined in the U.S. Secretary of the Interior's
'~/' "Standards for Rehabilitation" 36 C.F.R. 67 (1983), as
' amended,.and incorporated by re.ference herein.
~i, .(15) To design an application for an Historical/Archaeo-
logical Survey and Assessment waiver request.
(16) Review appeals for Historical/Archa~ological Survey
· .: and Assessment waiver requests denied by the Community ..
~' Development Services Administrator or his designee;
(17) To design an application for designation of
;~',, specific sites, districts, structures', buildings, and
properties as historically/archaeologically significant.
(18) To perform any other function or duty assigned by
I,~ the County Commission.
· 0'45. 155
----- m
SECTION FIVES AREAS OP HISTORICAL/ARCHAEOLOGICAL PROBABILITY
Areas for consideration for inclusion in areas of historical/
archaeological probability shall have one or more of the following
characteristics:
.&a. The area is associated with distinctive elements of
the cultural, social, ethnic, political, economic,
scientific, religious, prehistoric or architectural history
that have contributed to the pattern of history in the
community, Collier County, the state or the nation~ or ~
b. The area is associated With the lives of persons
significant in history; or
c. The area embodies the distinctive characteristics
of a'type, period, method or materials of construction, or
that possess high artistic value, quality of design
craftsmanship, or that represent an individual architect or.
builder's prominence or contribution to the development of
Collier County, the State of Florida, or the Nation; or
d. The area was the location of historic or
prehistoric activities including, but not limited to
habitation, religious, ceremonial, burial,, fortification,.
during a particular period of time, which may maintain a
sufficient degree of environmental integrity to reflect a
significant aspect of the relationship of the site's original
occupants to the environment; or
.e. The area is an historic or prehistoric site which
has been severely disturbed but which may still allow useful
and represe~tative data to be recovened; or ·
f. 'The area has yielded or is likely to yield informa- .
tion on local history or prehistory; or
g. The area derives its primary significance from
architectural or artistic distinction'of historical
importance~ or
h. The area is the birthplace or grave of an
historical figure or is a cemetery which derives its primary
significance from graves of persons of importance, from age,
from distinctive design features, or from association with
histgric events~ or
i. The area is the site of a building or structure
removed from its original location which is significant for
its architectural value, or is the sole surviving structure
associated with an historic period, person or event;
J~ The area is a property primarily commemorative in
intent, where design, age, tradition or symbolic value has
invested it with its own historical significagce; or
'k. The area is an area containing known archaeological
sites that have not been assessed for significance but are
likely to conform to the criteria for historical/
archaeological significance or areas where there is a high
likelihood that unrecorded sites of potential historical/
archaeological significance are present based on prehistoric
settlement patterns and existing topographic features.
1. The area is included in the National Register of
Historic Places.
SECTION SIX~ APPLICABILITY DURING DEVELOPMENT REVIEW PROCESS~
COUNTY PROJECTS~ AGRICULTUR~ WAIVER REQUEST
a. Development of Regional Impact (DRI)
The Application for Developmen~ Approval (ADA) for the
proposed DRI shall include correspondence from the applicant to
The Florida Department of State, Division of Historic Resources
indicating that the DRI is in Collier Countyls Designated Area:of
Historical/ArchaeologiCal Probability.
The ADA shall also include an Historical/Archaeological
Survey and Assessment if required by the Division of Historic
Resources. The Survey and Assessment is subject to review by the
Community Development Services Administrator or his designee and
recommendations shail be presented to the Collier County Planning
12
Commission and the Board of County Commissioners for consideration
for incorporation into the local development order.
The recommendations shall also be provided to the
Preservation Board. The Preservation Board shall be provided the
opportunity to present its' recommendations to the Planning
Commission and Board of County Commissioners at their public
hearings.
b. Requests for Land Use Change
Property under consideration for a rezone or provisional use
which is within an area of Historical/ Archaeological.Probability
shall have an Historical/Archaeological Survey and Assessment
prepared by a Certified Archaeologist as defined by this Ordinance.
to be submitted by the applicant with the land use change request
application and is subject to review by the Community Development
Services Administrator or his designee.
The'Community Development Services Administrator or his
designee's recommendations derived from the review of a Survey and
Assessment submitted by the applicant shall be presented to the
Collier County Planning Commission and the Board of County
Commissioners for consideration for incorporation into the local
development order.
The recommendations shall also be provided to the
Preservation Board. The Preservation Board shall be provided the
opportunity to present its' recommendations to the Planning
Commissionand Board of County Commissioners at their public
hearings.
~. Building Permits
Building permits issued for new structures on property
located within an area of Historical~Archaeological Probability
shall be accompanied by a notice that indicates the property is
within the area of Historical/Archaeological Probability.
The notice shall describe the potential for historical and
archaeological sites, structures, artifacts, or buildings, and
shall encourage the preservation of such sites, provide reference
to applicable state and local laws, and provide reference
regarding whom to contact in the event an historical/
archaeological site, structure, artifact or building is
discovered.
Property under consideration for a SMP within an area of
Historical/Archaeological Probability but not subject to
~! rec~lirement a. or b. of this Section shall have an -.
Historical/Archaeological Survey and Assessment prepared by a
Certified Archaeologist as defined by this Ordinance to be
submitted by the applicant with the SMP applicatiog and is subject.
~!'~ to review'by the Community Development Services Administrator or
.~! his designee.
The community Development Services Administrator or his
~.<" 'designee~s recommendations derived from the review of a Survey and
Assessment submitted by the applicant shall be presented to the
~ Collier County Planning Commission and the Board of County
Commissioners for consideration for incorporation into the local
:~'. development order.
The recommendations shall also be provided to the
3'i'' Preservation Board. The Preservation Board shall be provided the
opportunity to present its' recommendations at the Planning
?
'~.~ Commission'and Board'of County Commissioners at their public
hearings..
e. Final Subdivision Plat
Property under consideration for a final subd[vision plat,
including construction documents within an area of
H[storical/Archaeological probability but not subject to a., b. or
d. of this Section shall have an Historical/Archaeological Survey
and Assessment prepared by a Certified Archaeologist as defined by
this Ordinance to be submitted by the applicant with the final
subdivision plat and construction document application and is
subject to review by the Community Development Services
Administrator or his designee.
The Community Development Services Administrator or his
designee's recommendations derived from the review of a Survey and
Assessmen~ submitted by the applicant shall be incorporated into
the final subdivision plat and construction document.
f. Site Development Plan (SDP)
Historical/Archaeological probability but not subject to a.,~b.,
d., or e. of this Section shall have an Historical/Archaeological
Survey and Assessment prepared by a Certified Archaeologist as
defined by this Ordinance to be submitted by the applicant with
the SDP a~plication and is subject to review by the Community
Development Services Administrator or his designee. The Community
Development Services Administrator or his designee's
· recommendations derived from the review of a Survey and Assessment
submitted by the applicant shall be incorporated into the final
'g. County ProJsots
County sponsored projects, as defined by this Ordinance,
Which are located within an area of Historical/Archaeological
Probability shall have an Historical/Archaeological Survey and
Assessment prepared by a Certified Archaeologist.
The COunty shall comply with all recommendations outlined in
the Historical/Archaeological Survey and Assessment.
A copy of the Historical/Archaeological Survey and Assessment
shall be provided to the Preservation Board member~.
h. Agrioultural Lands
Owners of agricultural land within an area of Historical/
Archaeological Probability filing a notice of commencement
application for active agricultural production shall be notified
in writing by Development Services staff that the land is in an
area of Historical/Archaeological Probability and that an
Historical/Archaeological Survey and Assessment prepared by a
Certified Archaeologist is required.
Development Services Staff (Project Review) shall not issue a
notice of commencement until the Historical/Archaeological Survey
and Assessment has been completed. The property owner shall adhere
to all recommendations provided by the Historical/Archaeological
Survey and Assessment.
i. Applicability
Applications for a specific development order as described in
Subsection a. through h. deemed adequate for reviewwhich have
been submitted prior to the adoption of this Ordinance are not
required to meet the provisions outlined in the applicable
subsection. However, subsequent applications for development
orders as described in Subsection a. through h. shall comply with
the requirements of the applicable subsection.
~. Waiver Request
Properties located within an area of Historical/
Archaeological Probability with low potential for historical/
archaeological sites may petition the Community Development
Services Administrator or his designee to waive the requirement
~or an Historical/Archaeological Survey and Assessment.
The waiver application shall be in a form provided by the
Community Development Services Division.. The Community
Development Services.Administrator or his designee shall review
and act upon the waiver request within five (5) working days of
receiving the application.
The waiver ~equest shall adequately demonstrate that the area
has low potential for historical/archaeological sites.
Justification shall include, but not be limited to, an aerial
photograph interpretation, a description of historical and
existing land uses, and an analysis of land cover, land formation,
and vegetatiOn.
The Community Development Services Administrator or his
designee may deny a waiver, grant the waiver, or grant the waiver
with conditions.
The decision of the Community Development Services
Administrator or his designee regarding the waiver request shall
be provided to the applicant in writing. In the event of a denial
of the waiver request, written notice shall be provided stating
· the reasons for such denial.
Any party aggrieved by a decision of the Community
Development Services Administrator or his designee regarding a
waiver request may appeal to the Preservation Board.
Any party aggrieved by a decision of the Preservation Board
regarding'a waiver request may appeal that decision to the Board
of County Commissioners utilizing the procedure outlined in
Section Fourteen of this. Ordinance.
k. Previously Completed Survey an~ Assessments
A Survey and Assessment completed by a Certified Archaeologist (as
defined by this ordinance) prior to the enactment of this
ordinance which is in accordance with the survey and assessment
.~ requirements outlined in Section Seven Subsection a. of this
Ordinance may at the discretion of the property owner be utilized
to meet the requirements of this Section (Six). The Survey and
Assessment shall be provided to the Community Development Services
"' AdI~inistrator' or his'designee and shall be subject to the
prOcedure, as outlined in the applicable Subsection a. through h.
above.
~" SECTION BEVEN~ HISTORICAL~ARCHAEOLOaICAL SURVEY ~ AHSESS}~NT
a. Historical/Archaeological Surveys and Assessments
required by this Ordinance shall be consistent with accepted
professional procedures and practices as outlined in the Historic
Preservation Compliance Review Program of the Florida Department
of State~ Division of Historical Resources; and Standards and
l?
Guidelines for Archaeology and Historic Preservation (48 FR
· 44716). Surveys and Assessments shall include at a minimum:
~i~ (1) Title Page
. 4(2) Table of Contents
(3) Report Title and Authors
(4) Statement of Qualification for each Author
.' (5) Description of the Project Location in Terms of
Geologic and Physiographic Features, the ..~.
Environment, and Land USe History
~:~. (6) Description of Field and Laboratory Methodology
(:~!' (7) Description of Sites Located
"" (a) Significance Determination
'~i. (8) Recommendations as to Further Assessment Work, Site
: Preservation, or Mitigation
(9) Appendices
(a) Florida Master Site File Forms
b. A significance determination of. specific sites as
required by item 7 a.. of this Section is to be based on National
:~"- Register of Historic Places eligibility criteria,' as foll°ws:
~' The quality or significance in American history,
..~'.:~ erchitecture,'archaeology, engineering and culture is present in
districts, sites, buildings, structuresand projects that possess
::~. integrity of location, design, setting, materials, workmanship;
~ and
i'-' 1) that are associated with events that have
made a significant contribution to. the broad
'patterns of our history: or
~.~: 2) that are associated with the lives of
~:. persons significant in our past: or
~.. 3) that embody the distinctive characteristics
!'~! of a type, period or method of a type, period, or
method of construction, or that represent the work
of a master, or that possess high artistic values,
or that represent a significant and distinguishable
entity whose components may lack individual
distinction: or
4) that have yielded, or may be likely to
yield, information important in prehistory or
history.
In addition, the importpnce of
historical/archaeological resources to local, county,
and state history or prehist0ry shall be considered in a
significance determination.
SECTION EIGHT{ DESIGNATION OF HISTORICAL/ARCHAEOLOGICAL
SITESv STRUCTURESv DISTRICTS~ BUILDINGS ;tND
PROPERTIES
a. In addition to the areas of Historical/Archaeological
Probability outlined in Section Five, specific sites, districts,
.structures, buildings, and properties may also be designated.
Such designation will be based on the following criteria:
(1) Association with distinctive elements of the''
cultural, social, ethnic, political, economic, scientific,
religious, prehistoric and architectural history'that have
contributed to the pattern of history in the community,
Collier County, the state or the nation; or
(2) Association with the lives of persons significant
in history; or
(3) Embodiment of the di~tinctive characteristics of a
type, period, method or materials of construction, or that
possess hig~ artistic values, quality of design and
craftsmanship, or that represent an individual architect Or
builder's prominence or contribution to the development of
Collier County, Florida; or
(4) Location of historic or prehistoric activities such
as habitation, religious, ceremonial, burial, fortification,
etc. during a particular period of time, and may maintain a
sufficient degree of environmental integrity to reflect some
,~.. aspect of the relationship of the site's original occupants
to the environment~ or
· (5) An historic or prehistoric site which has been
severely disturbed but which may still allow useful and
representative data to be recovered~ or
(6) Have yielded or are likely to yield information on
.' local history or prehistoryl or
~'~..,.~ (7) Derive their primary significance from
architectural or artistic distinction of historical
importance~ or
(8) Is the birthplace or grave of an historical figure
~'~i'~. or iS a cemetery which derives its primary significance from
graves of persons of transcendent importance, from age,
distinctive design features, or from association with
historic events~ or
(9) A building or structure removed from its location
which is primarily significant for architectural value, or is
the surviving structure most importantly associated with an
~' . historic period, person or event~ or
(10) A property primarily commemorative in intent if
design, age, tradition or sylnbolic value has invested it w~th
its own historical significance~ or.
(11) Are listed in the National. Register of Historic
Places'
b. The designation of specific sites, structures,
buildings, districts, and properties may be initia~ed by the
Preservation Board or by the property owner. All designations
shall be subject to approval by the Board of County Commissioners.
The application shall be in a form provided by the Community
Development Services Division.
Property Owners of record whose land is under consideration
for designation initiated by the Preservation Board. shall be
045 , i165
20
provided two notices by certified mail return receipt requested.
The first notice shall provide all pertinent information regarding
the designation and the Preservation Board's scheduled meeting
date to consider the site. The second notice shall indicate when
the Board~of County Commissioners will consider official
designation of the site.
Each designated site, district, structure, property or
building shall have a data file maintained by the Preservation
Board. The file shall contain at a minimum: site location;,~he
historical, cultural, or archaeological significance of the site;
and the specific criteria from this Section qualifying the site..
An official listing of all sites and properties throughout
Collier C~unty that reflect the prehistoric occupation and
historical development of Collier County and its communities,
including information, maps, documents and photographic evidence
· collected to evaluate or substantiate the designation of a
particular site, structure, building, property or district shall
be maintained at the Collier County Museum.
The Collier County Museum shall coordinate preservation
and/or restoration efforts for any Historical/ArchaeologiCal
designated building, structure, site,~property, or district that
is donated to or acquired by Collier County for public use.
SECTION NINE~ ISSUANCE OF CERTIFICATES' OF APPROPRIATENESS
A Certificate of Appropriateness shall be issued by the
PreservatiOn Board for sites designated in accordance with Section
Eight of this Ordinance before issuance of permits by Development
Services to alte~, excavate, relocate, reconstruct~ or demolish.
The Certificate of Appropriateness shall be issued prior to the
issuance of building, tree removal, or demolition permits.
A Certificate of Appropriateness shall also be issued prior
to the issuance of building permits for new construction within an
historical/archaeological district designated in accordance with
Section Eight of this Ordinance to ensure harmonious architectural
design and to preserve the integrity of the
historical/archaeological district.
The application for Certificate of Appropriateness shall be
in a form provided by the Community Development Services Division.
The completed application shall be provided to the Community
Development Services Administrator twenty (20) days prior to the
regular monthly meeting of the Preservation Board who shall
schedule the application'for consideration at the next regularly
scheduled meeting. The Preservation Board shall meet and ac~ upon
an application for a Certificate of ApPropriatenesswithin sixty
(60) days of receipt of the application from the Community
Development Services Division. The Preservation Board shall
approve the application, deny the application, or approve the
application with conditions.
Ordinary repairs and maintenance as defined by this Ordinance
'are not ~equired to obtain a Certificate of Appropriateness.
Criteria for issuance of a Certificate of Appropriateness
shall be the U. S. Secretary of the Interior's "Standards for
Rehabilitation" 36 C.F.R.. 67 (1983), as amended. The Community
Development Services Division shall maintain and make available to
the public updated copies of the "Standards for Rehabilitation."
All deciSions of the Preservation Board shall be in writing
and include findings of fact. Notice of.the decision shall be
provided t~ the applicant, and to the Development Services
Department'(Customer Services Manager and the Project Review
Services Manager).
Any party a~grieved by a decision of the Preservation Board
may appeal the decision as outlined in Section Fourteen of this
Ordinance.
SECTION TENI INCENTIVES
&. Financial Assistance
Historical/Archaeological designated sites, districts,
structures, buildings, and properties as provided in Section
22
~' Eight, subsection a. of this Ordinance shall be eligible for any
financial assistance set aside for historic preservation projects
by Collier County, the State of Florida or the Federal Government,
provided they meet the requirements of those financial assistance
programs.4
~. T~ Credits
The Preservation Board shall encourage and assist in the
:' nomination of eligible income-producing properties to the National
Register of Historic Places in order to make available to those
property owners the investmenttax credits for certified
rehabilitations pursuant to 'the Tax Reform Act of 1986 and any
ii/' other programs offered through the National Register.
(!i' O. uilding Code
~. Historical/archaeological sites, districts, structures,
buildings,'and properties designated pursuant to Section 8 of this
'Ordinancm may be eligible for administrative variances or other
forms of relief from applicable building codes as follows:
(1) Repairs, alterations and additions necessary, for the
preservation, restoration, rehabilitation or continued use of a
building or structure may be made without conformance to the
%echnical requirements of the Standard Building Code when the
proposed work has been issued a Certificate of Appropriateness by
the Preservation Board and approved by the Community Development
" Services A~ministrator or his designee, pursuant to the authority
granted to the Community Development Services Administrator or his
~..~ designee by other ordinances or statutes and further provided
~f that:
(a) ' The restored building will be no more hazardous
based on consideration of life, fire and sanitation safety
than it was in its original condition.
~. (b) Plans and specifications ar~ sealed by a Florida
registered architect or engineer, if required by the Building
.',~'. Official.
23
(c) The Community Development Services Administrator or
his designee has required the minimum necessary corrections
to be made before use and occupancy which will be in the
public interest of health, safety and welfare.
~., d. Zoning Or~inanoe
~ii~. The Community Development Services Administrator or his
~ designee may, by, written administrative decision, approve any
~'..' variance request for any'designated hi~torical/archaeological
" site, district, structure, building and property pursuant to..
Section Eight of this Ordinance, which has received a.Certificate
of Appropriateness from the Preservation Board for matters
· . involving setbacks, lot width, depth, area requirements, land
~.., developmeht regulations, height limitations, open space
.i requirements, parking requirements, and other similar zoning
.::., variances not related to.a change in use of the property in
:.'. 'question~ In addition, contributing projects as defined by this
Ordinance are eligible for administrative zoning ordinance
variances.
(1) Before granting a variance the Community Development
· i'. Services Administrator or his designee must find:
(a) That the variance will be in harmony with the
general appearance and character of the community.
~? (b) That the variance will not be injurious to the area
involved' or otherwise detrimental to the public health,
~. safety or welfare.
(c) That the proposed work is designed and arranged on
.~ : the site in'a manner that minimizes visual impact on the .
· adjacent properties.
~:~. (2) In granting any variances, the Community Development
" Services Administrator or his designee may prescribe any
7::~ appropriate conditions necessary to protect and further the
~" interest of the area and abutting properties, including but not
limited to:
(a) Landscape materials, walls and fences as required
:~ . buffering.
(b) Modifications to the orientation of points of
ingress and egress.
.. ~(c) Modifications of site design features.
~.. e. OPEN SPACE
· Historical/archaeological resources that are to be
7~ :. preserved may be utilized to satisfy required setbacks, buffer
strips or open space up to the maximum area required by
development regulations. Conservation of such historic or
archaeological resources shall qualify for any open space
'' requirements mandated by the development regulations..
,, f. DENSITY CALCULATIONS
~.'.. Acreage associated with Historical/Archaeological resources
preserved Within the boundaries of a project shall be included in
:. 'calculating the project's permitted density.
The applicant or any aggrieved property owner in the area may
"' appeal the decision of the Community Development Services
Administrator or his designee according to the.provisions outlined
i['" in Section Fourteen of this Ordinance.
~' SECTION ELEvENs DISCOVERY OR ACCIDENTAL DISTURBANCE OF
~ HISTORICAL/ARCHAEOLOgICAL SITES AND PROPERTIES
,~' . s. .Discovery or Accidental Disturbance of
: Historical/Archaeological Sites and Properties during
,.':.. Construction.
If, during the course of site clearing, excavation or other
construction activity, 'an historic or archaeological artifact, or
other indicator is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped
and the following procedures shall be followed:
(1) The Community Development Services Administrator or
his designee and Compliance Services shall be contacted.
25
(2) Compliance Services shall officially notify the
property owner/developer of the discovery within 24 hours and
issue a stop work order.
(3) A Certified Archaeologist contracted by the
property owner/developer shall determine whether the
discovery site reql/ires further investigation based upon the
size and distribution of this site, depth of deposits, soil
type, vegetation, and topography.
a. If the site requires further investigatiQn,
the Certified ArChaeologist shall cordon off the
identified area, at a point ten feet from the perimeter
of the discovery site.
b. If the discovery site does not require further
investigation, construction activity may resume after
authorization by a Certified Archaeologist
(4) The Certified Archaeologist shall make
recommendations for the treatment of accidental discoveries
based on standards outlined in the "Treatment of ·
Archaeological Properties" in accordance with 36 CFR Part
800. These recommendations shall be considered for
incorporation into the applicable local development order.
(5) The Certified Archaeologist shall expeditiously
assess the cordoned off area and determine whether it is
significant based on criteria outlined in Section Seven,
SubseCtion b. of this Ordinance.
a. If the identified area is determined to be
significant an Historical/Archaeological 'Survey and
Assessment shall be prepared by a Certified
Archaeologist for the entire project if one has not been
completed as required by this Ordinance. The Certified
Archaeologist's recommendations derived from his Survey
and Assessment shall be considered for incorporation
into the applicable local development order. If an
Historical/Archaeological survey and Assessment has been
prepared in accordance with this ordinance, the
recommendations shall be modified and incorporated into
the local development order to reflect the additional
isite(s).
b. If the identified area is determined not to be
significant, a Preliminary Survey of the entire project
shall be conducted by a Certified Archaeologist. Any
sites determined to be significant during the
Preliminary Survey shall be Subject to requirements in
Subsection 3.a. above. Construction activity within the
cordoned off area may continue after all. necessary
'artifacts and indicators have been recorded and upon
authorization by a Certified Archaeologist.
(6) The Certified Archaeologist shall prepare a report
outlining the results of his assessment and provide a copy to
the Community Development Services Administrator or his
designee. The Community Development Services Administrator
or his designee.shall provide a copy of the report to the
Preservation Board Members.
(7) Land areas in close proximity to the discovery sits
deemed tO have historical~archaeological significance based
on the criteria in Section Seven, Subsection b. of this
Ordinance shall.be considered by the. Preservation Board for
addition to the Map of Areas of Historical/Archaeological
Probability.
b. Disoovsry of Historical or Archaeological Sites and
Properties during Site Inspection. :
If, during a Project Review site inspection, an historic or
archaeological site, significant artifact, or other indicator is.
found, the following procedures shall be implemented.
(1) The Project Review Staff shall cordon off the
immediate area and contact the Community Development Services
Administrator or his designee.
(2) The identified area shall be further cordoned off
at a point ten (10) feet from the perimeter of the discovery
site as identified by a Certified Archaeologist contracted by
the property owner/developer.
(3) The Certified Archaeologist shall assess the
identified area and determine whether it is significant based
on criteria outlined in Section Seven, Subsection b. of this
Ordinance.
a. If the identified area lis determined to be '
significant, an HistoriCal/ArChaeological Survey and
Assessment for the entire project shall be prepared by a
Certified'~Archaeologist if one has not been completed as
required by this Ordinance. Recommendations derived
from the Historical/Archaeological Survey and Assessment
shall be considered for incqrPoration into the
applicable development order. If an Historical/
Archaeological Survey and Assessment has been prepared
in accordance with this Ordinance, the recommendations'
shall be modified and incorporated into the local
development order to reflect the additional areas.
b. If the identified area is determined not to be
significant, the Certified Archaeologist shall complete
a Preliminary Survey of the entire site. Any areas
determined to be significant during' the Preliminary
Survey shall be subject to .the requirements in
S~bsection 3'.a. above.
(4) Land areas in close proximity and encompassing
areas deemed to have historical/archaeological'significance'
based on criteria in Section Seven, Subsection b. of this
Ordinance shall be considered by the Preservation Board for
addition to the Map of Areas of Historical/Archaeological
Probability.
(5) The Certified Archaeologist shall prepare a report
outlining the results of his assessment and provide a copy to
the Community Development Services Administrator or his
designee. The Community Development Services Administrator
or his designee shall provide e copy of the report to the
Preservation Board Members.
SECTION TWELV~I WILLFUL DISTURBANCE OF HISTORICAL/ARCHAEOLOGICALLY
SIGNIFICANT SITES, DISTRICTS, STRUCTURES,
BUILDINGSv ;~ND PROPERTIES
Willful looting, pillaging, vandalizing or desecration, as
defined by this Ordinance, of Historical/Archaeologically
significant sites, districts, structures, buildings, and
properties constitutes a violation of.this Ordinance punishable as
described in Section Sixteen of this Ordinance.
SECTION THIRTEENI WILLFUL DISTURBANCE OF AN UNMARKED BURIAL OR BURIAL SITE
It is a violation of this Ordinance for any person to
willfully and knowingly disturb an unmarked burial or burial site,
or destroy, mutilate, deface, injure or remove any burial mound,
earthen or shell monument containing human skeletal remains or
associated burial artifacts or other structures or items placed or
designed for a memorial, or to disturb the contents of a tomb or
grave .or for any person to have knowledge that an unmarked human
burial is being disturbed, vandalized, Or damaged and to fail to
notify the local law enforcement agency with jurisdiction in the
area. Such actions may also be punishable as a felony pursuant to
Cha~ter 872, Florida Statutes.
SECTION FOURTEENS APPEALS
A~y party aggrieved by a decision or interpreta~ion of this.
. Ordinance made by the Community Development Services Administra-
tor or the Preservation Board shall have the right to appeal said
interpretation, decision or denial to the Board of County
Commissioners by filing a written notice of appeal with the
Community Development Services Administrator within .thirty {30)
working days from the date of such decision~ interpretation, or
denial. The Community Development Services Administrator shall
provide the Board of County Commissioners with a copy of said
notice of appeal. The notice of appeal shall be provided to the
applicant by certified mail, return receipt requested, and shall
state the decision which is being appealed, the grounds for the
appeal, and a brief summary of the relief which is sought.
Within thirty (30) working days of the date of filing, the
appeal, or the f~rst regular County Commission meeting which is
scheduled, whichever is latest in time, the. Board of County
Commissioners shall hear the appeal and issue a final decision.
Nothing contained herein shall preclude the County Commissioners
from seeking additi~nal information prior to rendering a final
decision.
SECTION ~ZFTEEN~ ~URZSDXCTION
This Ordinance shall apply to all unincorporated areas of
Collier County, Florida.
SZCTION BIZTEEN~ PENALTIES
A violation of the provisions of this Ordinance shall
constitute a misdemeanor and shall be prosecuted in the name of
the State in the County Court by,the Prosecuting Attorney, and
upon conviction shall be punis~aD~e by civil or criminal penalties
including a fine of not more than five hundred dollars ($500.00)
per violation per day for each day the violation continues or
whatever reasonable amount as a judge may feel appropriate and
'inc~uding a requirement that any work or development performed
contrary to this Ordinance must be removed and the property
returned to its condition at commencement of said action. The
Board ~f County Commissioners shall have the power t~o collaterally
enforce the provisions of this Ordinance by appropriate Judicial
Writ of proceeding notwithstanding any prosecution as a
misdemeanor.
~ECTION ~EVENTEEN~ CONFLICT AND ~EVERABILITY
In the event this Ordinance conflicts with'any'other
ordinance in Collier County or other applicable law, the more
045' 175
30
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION EIOHTEEN~ EFFECTIVE DATE
Sections 1. through 5 and 8 through 17 of this ordinance shall
become effective upon receipt of notice from the Secretary of
State that this ordinance has been filed with the Secretary of '
State. Sections 6 and 7 of this ordinance shall become effective
upon the adoption, by resolution, of the Map of Areas of
Hlstorical/Archaeol~gical Probability.by the Collier County Board
of County Commissioners.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ___~ day of
, 1991.
"' "".
'Attest."' ,"."."~.~ BOARD OF COUNTY COI.ffiISSIONER~
~ JAMES C. Cf~%l Clerk COLLIER COUNTY, FLOaTDA
Ap~oveU'?&~'"to form and
legal sufficiency:
Martha N. Howell
Assistant County Attorney
ond acknow .dg:me.nt, _ot_~_~ ....
31
'STATE. OF FLORIDA ' )
:."'.COUNTY. OF COLLIER ) · "
2, JAMES C. GILES, Cler~ of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a'trUe copy of:
Ordinance No. 91-70
which was adopted by the Board of County Conunissioners on
the ?th day of August, 1991, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day Of August, 1991.
,:.;* ;..
, ~'_~ ,.,,. .
Clerk of Courts and Cle~.. '..
Ex-officio tO Board of'~*.* '.
County Commissioners
~ ~, ': :
/Maureen Kenyon . ·
Deput~ Clerk