The purpose of this chapter is:

a)

To protect and perpetuate the natural and cultural heritage of significant historic and/or archaeological sites and structures for the benefit, education and enjoyment of future generations.

b)

To protect the public interest in historic and/or archaeological sites and structures from adverse activities, land uses, excavations, construction, destruction and other impacts, and to prevent the unnecessary removal of historic structures or archaeological artifacts.

c)

To stabilize and improve property values, while providing attractions to residents, tourists and visitors, a stimulus to business and industry and a mode to preserve the beauty and historical past of the Town of Lady Lake.

d)

To implement policies of the comprehensive plan regarding such protection.

The power and authority to create a district by the Town Commission shall be in accordance with the General Provisions chapter of the Code.

Within the Town of Lady Lake, it shall be unlawful for any person, group, organization or agency to knowingly and/or willfully damage, alter, destroy, deface, renovate, relocate, excavate or otherwise disturb any known or designated historic or archaeological resource without prior and appropriate authorization from the Town Commission and from any additional state or federal regulatory agency with applicable jurisdiction.

a)

A historic designation request may be initiated by a written petition from a property owner or by an appropriate authorized agency of the U.S. Government and/or the State of Florida. This request shall be submitted to the Town Commission and shall be accompanied by any additional information necessary, as requested by the Town Commission, and shall include a proposal for acquisition of property if necessary.

b)

The Town Commission shall review all potential historic designations, and provide additional information, comments and recommendations at a public hearing. The Town Commission shall provide written notification to the property owner(s) at least thirty (30) calendar days prior to the date of the public hearing.

c)

All petitions/requests for historic designations approved by a majority vote of the Town Commission shall designate an area, site, artifact, excavation, structure or other resource as a historic resource which shall be regulated by the provisions of this chapter.

d)

Upon request for historic resources designation involving human burial remains, all issued or pending permits pertaining to the affected portion of the subject property shall be suspended and no new permits shall be issued or reinstated for a period of up to fifteen (15) consecutive days or until a final report is received from the State archaeologist or district medical examiner.

a)

Within the Town of Lady Lake, any person(s), company, organization or governmental agency engaged in or promoting activities which unearth, uncover, or otherwise reveal any suspected archaeological site, burial, artifact, or other remains, shall be required to immediately notify the Town Manager's office as to the nature, size and exact location of the suspected find.

b)

In addition, the Town staff shall have authority to request an archaeological survey from a representative of an authorized agency or qualified archaeologist before development in any area known or documented to contain historic resources. If the presence of historic resources is confirmed, all activities, permits and/or exemptions associated with that portion of subject site shall be temporarily suspended for a maximum period of three (3) working days until initial site inspection, subsequent evaluation and site release to continue work is issued by the Town staff.

c)

However, following the initial site inspection, if human burial remains are found, the Town staff shall have authority to temporarily suspend for up to fifteen (15) days all activities, permits and/or exemptions concerning the subject site until a subsequent inspection and evaluation is conducted by a representative of a qualified agency with experience in archaeological identifications or the medical examiner.

d)

Any known or suspected archaeological sites, artifacts, remains or other resources shall be reported to the Town staff, which shall notify the appropriate state authorities.

e)

All subsequent excavations, removals, preservations, designations, displays or mitigation concerning a potential, known, or designated archaeological site, must be approved by the Town Commission upon recommendation by the appropriate state or federal authorities. All approved excavations shall be in strict accordance with the recommendations, permits, approvals or authorizations of the Town Commission and any appropriate state or federal agencies with jurisdiction and knowledge of archaeological resources.

Decisions and/or designations by the Town Commission concerning historic or archeological resources within the Town of Lady Lake are subject to the procedures and provisions set forth in this Code. Appeals of the Commission's decision may be initiated by the subject property owner or his authorized agent.

Upon any appeal to the Town Manager of the Town Commission's decision, the Town Commission may continue the suspension of all activities and permits within that portion of the site associated with the historic or archaeological resources in question, pending a final decision or agreement between the Town Commission and the subject property owner(s) or a rendering of a decision of appeal, whichever occurs first. Any property owner(s) may waive the deadlines set forth in this chapter or request an earlier hearing by written request to the Town Commission, which shall approve, deny or approve with conditions all waiver requests.

Duly authorized agents of the State of Florida or the Federal Government or organizations authorized by the Town of Lady Lake conducting bona fide scientific surveys, investigations, excavations or explorations for the purpose of identification, protection or exhumation of historical resources, may be exempted from the provisions of this chapter provided such exemptions are deemed to be in the best interest of the citizens of the Town of Lady Lake, the State of Florida or the nation.

F.S. ch. 872, (1987),(Offenses Concerning Dead Bodies and Graves) effects a third degree felony for persons who willfully and knowingly disturb any human burial remains. Any person who knows or has reasons to know that an unmarked human burial is being unlawfully disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall immediately notify the local law enforcement agency with jurisdiction in the areas where the unmarked human burial is located. Persons with knowledge of the disturbance who fail to notify the local law enforcement agency will be guilty of a misdemeanor of the second degree. All subsequent actions concerning the subject human burial shall be in compliance with F.S. ch. 872, or as amended.