In the event archaeological resources are found in the City of Aventura this subsection is established to preserve and protect through the identification, evaluation, and public awareness of said resources.

(Ord. No. 99-09, § 1(Exh. A, § 601), 7-13-99)

Properties may be designated as archaeological sites only if they have significance in the archaeological heritage of the area, state, or nation; and meet one or more of the following criteria:

(1)

Are associated in a significant way with the life of a person important in the past; or

(2)

Are the site of a historic event with significant effect upon the community, city, state, or nation; or

(3)

Exemplify the historical, cultural, political, economic, or social trends of the community; or

(4)

Have yielded, or are likely to yield, information important in prehistory or history; or

(5)

Contain any subsurface remains of historical or archaeological importance or any unusual ground formations of archaeological significance; or

(6)

Are designated in the Aventura Comprehensive Plan and/or Florida Master Site File.

(Ord. No. 99-09, § 1(Exh. A, § 602), 7-13-99)

Properties which meet the criteria set forth in section 31-114 may be designated as archaeological or historical sites in accordance with the following procedures.

(1)

Proposals. Proposals for designation may be made by the owner, City Commission or the City Manager and shall include but not be limited to the legal description of the site, photographs of the site, a statement of significance and other information supporting the proposal.

(2)

Designation report. For every proposed archaeological site, the City Manager or his designee shall prepare a designation report containing the following information:

a.

Statement of significance. A statement outlining the significance of the proposed archaeological site, the criteria upon which the designation is based and a physical description of the property.

b.

Boundaries. A map or maps indicating proposed boundaries. Archaeological site boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management.

c.

Recommendation. the designation report shall also contain a recommendation on whether the City Commission should designate the property as an archaeological site.

(3)

Consideration by City Commission. The City Commission shall conduct a public hearing to determine whether the proposed archaeological site meets the criteria outlined herein for the purpose of considering all proposed designations and shall approve, approve with conditions, amend or deny the proposed designation.

(4)

Appeals. Appeals from decisions of the City Commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The decision of the City Commission shall be final and remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction.

(Ord. No. 99-09, § 1(Exh. A, § 603), 7-13-99)

Upon designation, no new construction or ground disturbing activity shall be permitted within the designated archaeological site without the issuance of a development approval by the City Commission. No permits shall be issued by the City for any work until such approval is granted.

(Ord. No. 99-09, § 1(Exh. A, § 604), 7-13-99)

(a)

Preapplication conference. Before submitting an application for a development approval, an applicant is encouraged to confer with the city to obtain information and guidance.

(b)

Application for development approval. The applicant shall submit to the City an application together with supporting exhibits and other material as required by the City.

(c)

Decision of the City Commission. The decision of the City Commission shall be based upon the guidelines, as well as the general purpose and intent of this subsection and any specific design guidelines officially adopted for the particular archaeological site.

(d)

Expiration of development approval. Any development approval issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period. Any work that ceases for a continuous period of three months shall cause the expiration of the development approval.

(Ord. No. 99-09, § 1(Exh. A, § 605), 7-13-99)

No development approval shall be issued by the City Commission for new construction, excavation, tree removal, or any ground disturbing activity unless there is substantial competent evidence that the work will not alter the character and integrity of the archaeological site. Where it is determined that the character and integrity of the archaeological site will be altered, the City Commission may grant the development approval if the applicant can show that a denial of the development approval will result in an unreasonable economic hardship. The City Commission, in granting a development approval, may require one or more of the following:

(1)

Scientific excavation and evaluation of the site at the applicant's expense by an archaeologist approved by the City Commission.

(2)

An archaeological survey at the applicant's expense conducted by an archaeologist approved by the City Commission containing an assessment of the significance of the archaeological site and an analysis of the impact of the proposed activity on the archaeological site.

(3)

Mitigation, including protection or preservation of all or part of the archaeological site for green space.

(Ord. No. 99-09, § 1(Exh. A, § 606), 7-13-99)

(a)

Enforcement. The Community Development Department shall assist the City by making necessary inspections in connection with the enforcement of this subsection. The Department shall be responsible for promptly stopping any work attempted to be done without or contrary to any development approval required under this subsection; and shall further be responsible for ensuring that any work not in accordance with a development approval is voluntarily corrected to comply with said development approval.

(b)

Violation and penalties. Any person who carries out or causes to be carried out any work in violation of this subsection shall be required to restore the site either to its appearance prior to the violation or in accordance with a development approval by the City.

(c)

Conflicts. Where there are conflicts between the requirements of this subsection and other provisions of this chapter or other codes covering the same subject, the most restrictive requirements shall apply.

(Ord. No. 99-09, § 1(Exh. A, § 607), 7-13-99)