HomeMy WebLinkAboutOrd 2076 - Protection of Archaeological and Paleontological SitesCover page to Ordinance 2076
The full text of the ordinance follows this cover page.
Ordinance 2076was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
12741
City of Tukwila
Washington
Ordinance No. 2,07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC SECTION 18.50.110 TO EXPAND THE
PROTECTION OF ARCHAEOLOGICAL AND PALEONTOLOGICAL
SITES TO ALL ZONES OF THE CITY; REPEALING ORDINANCE
NO. 1853 §5; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, archaeological and paleontological artifacts are important historical
and cultural resources which should be documented; and
WHEREAS, the location of these resources is not restricted to any particular
zoning district in the City; and
WHEREAS, the City desires that development activity is consistent with the
protection of archaeological and paleontological resources;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Protection Expanded. TMC 18.50.110 is hereby amended to read as
follows:
18.50.110 Archaeological/Paleontological Information Preservation Requirements
The following provisions shall apply in all zones:
1. If there is reason to believe that archaeological resources will be disturbed,
a cultural resources assessment shall be conducted and, if warranted, an
archaeological response plan and provisions for excavation monitoring by a
professional archaeologist shall be made prior to beginning construction. The
assessment should address the existence and significance of archaeological remains,
buildings and structures on the State or Federal historic registers, observable
paleontological deposits and may include review by the State Archaeologist.
2. It is recommended that the applicant coordinate a predetermination study
by a professional archaeologist during the geotechnical investigation phase, to
determine site archaeological potential and the likelihood of disturbing
archaeological resources.
3. Excavations into historically native soil, when in an area of archaeological
potential, shall have a professional archaeologist on site to ensure that all State
statutes regarding archaeological conservation/ preservation are implemented. The
applicant shall provide a written commitment to stop work immediately upon
discovery of archaeological remains and to consult with the State Office of
Archaeology and Historic Preservation (OAHP) to assess the remains and develop
appropriate treatment measures. These may include refilling the excavation with no
further responsibility.
Supplemental Development Regulations 18.50 12/10/04 Page 1 of 2
4. An applicant who encounters Indian burials shall not disturb them and
shall consult with OAHP and affected tribal organizations pursuant to State statutes.
5. The Director is authorized to:
a. conduct studies to generally identify areas of archaeological/
paleontological potential;
b. make determinations to implement these provisions; and
c. waive any and all of the above requirements, except for TMC 18.50.110-
4 (reporting of discovered Indian burials), if the proposed action will have no
probable significant impact on archaeological or historical resources that are eligible
for listing in the National Register of Historic Places, or on observable
paleontological resources. Examples of such actions include excavation of fill
materials, disturbance of less than 10,000 square feet of native soils to a depth of 12
inches, penetration of native soils with pilings over a maximum 8% of the building
footprint, and paving over native soils in a manner that does not damage cultural
resources. The above examples are illustrative and not determinative. A case -by-
case evaluation of archaeological /paleontological potential value and proposed
disturbance must be made.
Section 2. Repealer. Ordinance No. 1853, Section 5, is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this A5 day of 2004.
ATTEST/ AUTHENTICATED:
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Jane E. Cantu, CMC, City Clerk
APPR�VE-
bfffe of the Ci
BY:
Supplemental Development Regulations 18.50 12/10/04
Steven M. Mullet, Mayor p
Filed with the City Clerk: 12-
Passed by the City Council:12 /0
Published: 12 17
Effective Date: /2- 22
Ordinance Number: 2076)
Page 2 of 2
SUMMARY OF ORDINANCE
No. 2076
City of Tukwila, Washington
On December 13, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2076, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
TMC Section 18.50.110 to expand the protection of archaeological and paleontological
sites to all zones of the City; repealing Ordinance No. 1853 §5; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Special Meeting of December 13, 2004.
Os! P)kLb N G
City Jane E. Cantu C Cit Clerk
Published Seattle Times: December 17, 2004
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