New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:101-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise.
"Act" means the Garden State Trust Fund Act,
				  13:8C-1 et seq.
"Applicant" means the State agency or entity, local government
				  unit, or nonprofit organization that submits an application for a historic
				  preservation grant.
"Approved project period" means the amount of time prescribed in
				  the grant agreement in which the grant recipient must satisfactorily complete the
				  approved historic preservation project to be eligible for the full funding
				  authorized for the project.
"Capital grant" means the matching funds appropriated from the
				  Garden State Historic Preservation Trust Fund for the purpose of planning and/or
				  undertaking the preservation, restoration, or rehabilitation of a historic
				  property.
"Deputy Historic Preservation Officer" means the person
				  designated, in writing, by the Commissioner of the Department of Environmental
				  Protection to administer the State Historic Preservation Program to identify and
				  nominate eligible properties to the State and National Registers of Historic
				  Places.
"Disaster preparedness plan" is a document that identifies risks
				  to buildings, collections, and/or public places and creates procedures to follow if
				  an event occurs.
"District" means a significant cohesive concentration, linkage, or
				  continuity of sites, buildings, structures, or objects united historically or
				  aesthetically by plan or physical development. A district may also be comprised of
				  individual elements that although linked by association or function were separated
				  geographically during the period of significance, as a district of discontiguous
				  archaeological sites or a canal system where man-made segments are interconnected by
				  natural bodies of water.
"Emergency intervention" means any activity that provides
				  assistance to, or any construction activity that restores the immediate stability of
				  a historic property when a situation in which the condition of a property is so
				  damaged by an event such as, but not limited to, a natural disaster, major fire,
				  serious accident, structural collapse, or threat of demolition, that it constitutes
				  an immediate, direct, demonstrable, and severe hazard to the public safety.
				  Treatment may be temporary in nature to prevent worsening of a situation.
"Fund" means the Garden State Historic Preservation Trust Fund
				  and/or the Preserve New Jersey Historic Preservation Trust Fund.
"Garden State Preservation Trust" means a public body corporate
				  and politic, with corporate succession, established in but not of the Department of
				  the Treasury.
"Grant agreement" means a document executed by the New Jersey
				  Historic Trust and a grant recipient which provides a specified amount of grant
				  assistance for a historic preservation project approved by the Trust and subject to
				  conditions to ensure benefit to the public, compliance with public laws, and
				  continued preservation of the property, structure, or site.
"Grant recipient" means the applying State agency or entity, local
				  government unit, or nonprofit organization named in a project agreement executed
				  with the Trust that has been selected to receive grant funds for a historic
				  preservation project.
"Heritage tourism project" means those activities or initiatives
				  that plan, support, and enhance visitor experience to the places that authentically
				  represent the stories and people of the past and can include linkages between
				  historic, cultural, and natural resources.
"Historic" as applied to any property, structure, facility, or
				  site means any area, site, district, structure, or object approved for inclusion, or
				  which meets the criteria for inclusion, in the New Jersey Register of Historic
				  Places pursuant to P.L.
				  1970, c. 268 (N.J.S.A. 13:1B-15.128 et seq.).
"Historic preservation easement" means an interest in land, less
				  than fee simple title thereto, that is purchased from a private or governmental
				  property owner to permanently protect a historic property, and that is granted by
				  the property owner to the New Jersey Historic Trust, a local government unit, or a
				  qualifying tax-exempt nonprofit organization.
"Historic preservation grant" means monies approved by the New
				  Jersey Historic Trust to fund a historic preservation project.
"Historic preservation project" means work directly related to the
				  restoration, preservation, or rehabilitation of a historic property, structure,
				  facility, site, or district, and shall include: any work related to providing access
				  thereto for handicapped or disabled persons in accordance with the Americans with
				  Disabilities Act, 42 U.S.C.
				  §§
										12101 through
				  12213, and the State Barrier Free
				  Subcode, N.J.A.C. 5:23-7 ; and work directly
				  related to the planning for future preservation activities at a historic property,
				  structure, facility, site, or district; and site management activities at a historic
				  property, structure, facility, site, or district.
"Historic preservation project cost" means the expenses incurred
				  in connection with:
1. All things deemed
				necessary or useful and convenient in connection with historic preservation
				projects;
2. The execution of any
				agreements or franchises as determined by the New Jersey Historic Trust to be
				necessary or useful and convenient in connection with any project funded in whole or
				in part using constitutionally dedicated moneys;
3. The procurement or provision of appraisal,
				archaeological, architectural, conservation, design, engineering, financial,
				geological, historic research, hydrological, inspection, legal, planning,
				relocation, surveying, or other professional advice, estimates, reports, services,
				or studies;
4. Management related to the
				funded project;
5. The undertaking of
				feasibility studies; and
6.
				Reimbursement to any fund of the State of moneys that may have been transferred or
				advanced therefrom to any fund established by the act, or any moneys that may have
				been expended therefrom for, or in connection with, the Act.
"Historic site management grant" means the matching funds
				  appropriated from the Garden State Historic Preservation Trust Fund and/or the
				  Preserve New Jersey Historic Preservation Trust Fund for the purpose of planning for
				  the preservation, restoration, or rehabilitation of a historic property, determining
				  the feasibility of proceeding with a capital historic preservation project, or
				  activities that aid in strengthening the local government unit or nonprofit
				  organization's capabilities to operate and sustain a historic site and enhance their
				  ability to serve the public and further their mission.
"Improvement" means the act of upgrading the basic physical
				  condition of a property in a manner consistent with the Secretary of the Interior's
				  Standards. This type of activity includes upgrading mechanical systems, providing
				  appropriate barrier-free access for handicapped persons, and bringing a property
				  into conformance with building codes.
"Local government unit" means, with respect to historic
				  preservation projects, a county, municipality, or any agency thereof, which owns or
				  leases on a long-term basis a historic property, or intends to own or lease on a
				  long-term basis a historic property.
"Master Planning" is the term used to describe any of the
				  following activities: preparation of historic preservation plan, historic structure
				  report, site master plan, landscape plan, and feasibility study.
"Multi-phased construction projects" means a large-scale project
				  of $ 2,000,000, or more, where a commitment is made by the Trust to fund two or more
				  phases, contingent on the availability of funds.
"Municipal, County, Regional Planning Grant" or "MCRP" means
				  monies approved by the New Jersey Historic Trust to fund a planning initiative to
				  further the goals of historic preservation, including identification, evaluation,
				  and protection of resources.
"National Register of Historic Places" means the national list of
				  districts, sites, buildings, structures, and objects significant in American
				  history, architecture, archaeology, engineering, or culture maintained by the
				  Secretary of the United States Department of the Interior pursuant to the authority
				  of the National Historic Preservation Act, as amended (16 U.S.C. §§
										470
				  et seq.)
"New construction" means the act or process of constructing new
				  forms, features, and/or details that did not exist before.
"New Jersey Register of Historic Places" consists of areas, sites,
				  structures, and objects significant in American history, architecture, archaeology,
				  and culture which the Commissioner of the Department of Environmental Protection is
				  authorized to maintain and expand pursuant to the New Jersey Register of Historic
				  Places Act, N.J.S.A. 13:1B-15.128 et seq.
"Nonprofit organization" means a corporation organized pursuant to
				  the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 et seq., qualified for
				  tax-exempt status pursuant to the Internal Revenue Code of 1986 (26 U.S.C. §
										501(c)), and meets State and
				  Federal requirements.
"Planning" means the act or process of developing a procedure or
				  design for the preservation, restoration, or rehabilitation of a historic
				  property.
"Preservation" means the act or process of applying measures
				  necessary to sustain the existing form, integrity, and material of a historic
				  property.
"Property" means the historic site, district, structure, facility,
				  or object that is the subject of the historic preservation project.
"Reconstruction" means the act or process of depicting by means of
				  new construction the form, features, and detailing of a non-surviving site,
				  landscape, building, structure, or object for the purpose of replicating its
				  appearance at a specific period of time and in its historic location.
"Rehabilitation" means the act or process of making possible a
				  compatible use for a property through repair, alterations, and additions while
				  preserving those portions or features which convey its historical, cultural, or
				  architectural values.
"Restoration" means the act or process of accurately depicting the
				  form, features, and character of a property as it appeared at a particular period of
				  time by means of the removal of features from other periods in its history and
				  reconstruction of missing features from the restoration period.
"Secretary of the Interior's Standards" means the Standards for
				  the Treatment of Historic Properties (Revised 2017) adopted by the Secretary of the
				  United States Department of the Interior, as from time to time modified, changed, or
				  amended, incorporated herein by reference.
"Site" means the location of a significant event, prehistoric or
				  historic occupation or activity, or a building or structure whether standing,
				  ruined, or vanished where the location itself maintains historic or archaeological
				  value regardless of the value of any existing structure.
"Site management" means the act or process of developing
				  procedures or plans for the long-term viability of a historic property or the
				  organization managing the property.
"Special project grant" means monies approved by the New Jersey
				  Historic Trust for the purpose of furthering the goals of historic preservation in a
				  regional or Statewide capacity.
"Stabilization" means implementing corrective measures to slow
				  down the deterioration of a structure and make the structure temporarily safe while
				  longer term preservation strategies can be explored and planned.
"State Historic Preservation Officer" means the Commissioner of
				  the Department of Environmental Protection designated by the Governor to administer
				  the State Historic Preservation Program to identify or nominate eligible properties
				  to the New Jersey and National Registers of Historic Places. The State Historic
				  Preservation Officer establishes the procedures and criteria pursuant to N.J.A.C.
				  7:4 for receiving and processing nominations and approving areas, sites, structures,
				  and objects, both publicly and privately owned, for listing in the New Jersey
				  Register of Historic Places.
"State Review Board" means the public body whose members represent
				  the professional fields of American history, architectural history, prehistoric and
				  historic archaeology, and other professional disciplines who are appointed by the
				  State Historic Preservation Officer to approve nominations to the New Jersey
				  Register of Historic Places based on whether or not they meet the criteria for
				  evaluation at N.J.A.C. 7:4-2.3.
"Structure" means a work constructed by humans and made up of
				  interdependent and interrelated parts in a definite pattern or organization.
"Trust" means the New Jersey Historic Trust, a body corporate and
				  politic with corporate succession established, in but not of, the Department of
				  Community Affairs pursuant to
				  N.J.S.A.
				  13:1B-15.111.
"Visitor amenity" is new construction and/or physical alteration
				  that improves, enhances, or facilitates a visitor's experience to a historic site.
				  Examples may include, but are not limited to, rest rooms, accommodations for
				  accessibility, and public assembly space.