reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 3 - MANDATORY CURRICULUM OF TRAINING PROGRAM › Section 5:87-3.4 - Development application review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the
				development application review process segment of the Training Program is to provide
				an overview of the development applications that come before the boards pursuant to
				the Municipal Land Use Law,
				N.J.S.A. 40:55D-1et seq.,
				(MLUL), the administration of the applications, the review of the applications, and
				the hearing process. The mandatory topics to be covered in this segment of the
				Training Program shall include:
1. How to read,
				analyze, and review a land development plan. In addition to the technical aspects of
				reading a plan, the analysis shall explore site visits and the relationship of the
				plan to local design standards and regulations, including site plan, subdivision,
				zoning, and health regulations. The analysis shall also explore the relationship to
				county and State regulations, including the Department of Environmental Protection
				environmental rules, the Department of Transportation highway access rules, and the
				Department of Community Affairs Residential Site Improvement Standards, and, where
				applicable, the land use and development rules of the Highlands Council, the New
				Jersey Sports and Exposition Authority, the Casino Reinvestment Development
				Authority, the Fort Monmouth Economic Revitalization Authority, and the Pinelands
				Commission. In addition to discussing appropriate board questions, the overview of
				the review of the plan shall include the role of reports from professionals
				representing the board, the applicant and the public;
2. The topics that shall be addressed when
				reviewing administration of an application, include, but are not limited to,
				notices, the determination of a complete application pursuant to a duly adopted
				checklist, the time periods in which boards must act, and automatic approvals;
				and
3. The elements of the hearing
				procedure, including, but not limited to, quorums, the role of the applicant, public
				and board members, including the chair, expert witnesses, evidence, public questions
				and testimony and board questions, the burden of proof, finding of fact, motions and
				resolutions, and who qualifies to vote.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 4 - TRAINING PROGRAM ADMINISTRATION › Section 5:87-4.1 - Standards for instructors

Current through Register Vol. 56, No. 14, July 15, 2024
The instructors of the Training Program shall be licensed
				  professional planners or attorneys experienced in land use matters and licensed to
				  practice in New Jersey.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 4 - TRAINING PROGRAM ADMINISTRATION › Section 5:87-4.2 - Standards for determining satisfactory completion of Training Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All course
				participants are required to take a test developed by the Commissioner in order to
				ensure that members attended and understood the course material. The test shall be a
				10-question multiple-choice open book exam and shall change periodically. Course
				participants will be permitted to use the New Jersey Municipal Land Use Law along
				with notes and course materials for reference while completing the test. The
				Commissioner shall provide the test directly to the course providers prior to
				Training Program offerings. The course providers shall distribute the tests to
				participants at the conclusion of the course instruction.
(b) In order to receive a certificate of
				completion, participants must demonstrate an adequate understanding of the Training
				Program material by attending the entire course and taking a test at the conclusion
				of the course instruction. Seventy percent accuracy on the test shall constitute a
				passing score. The tests shall be graded by the course providers.
(c) In instances where a participant attends the
				course but does not complete the course or achieve at least a 70 percent score on
				the test, the participant shall receive an incomplete for the course. The
				participant must retake the course and test before the expiration of the 18-month
				period prescribed for completion of the required course. Failure to satisfactorily
				complete the course or to re-take the test within the required time period set forth
				in 5:87-1.8 shall result in the participant
				receiving no certification for the course.
(d) Within 14 days following a Training Program
				offering, the course provider shall submit to the Commissioner and the municipal
				clerk a list of the members who attended the Training Program, the date of the
				Training Program, the municipality for whom the member represents and a copy of the
				graded tests that have received a passing score.
(e) Upon receipt of the records indicated in (d),
				the Commissioner shall issue a Certificate of Completion to each Training Program
				participant who satisfactorily completes the training program requirements and the
				municipal clerk. The municipal clerk shall notify the planning, zoning and combined
				boards of each member who has received a certificate of completion upon receipt of
				the certificate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 4 - TRAINING PROGRAM ADMINISTRATION › Section 5:87-4.3 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member shall be
				eligible for a waiver of the required Training Program if he or she has completed a
				course of study that the Commissioner deems to be equivalent or more extensive than
				the Training Program:
1. Within 12 months prior to
				July 17, 2006 for members as of July 17, 2006; or
2. Within 12 months prior to the date of
				appointment for new members.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 4 - TRAINING PROGRAM ADMINISTRATION › Section 5:87-4.4 - Record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				records pertaining to satisfactory completion of the training program shall be
				maintained by the Department for three years after expiration of appointment,
				whether due to the end of a term, automatic vacation from a board, and/or
				resignation:
1. The name and address of the
				member;
2. The date of appointment to a
				board;
3. The date(s) when the member
				took an approved course;
4. Satisfactory
				completion of the course; and
5. Copies
				of the graded tests.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:100-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the New Jersey Historic
				  Trust "in but not of" the Department of Community Affairs for the Historic
				  Preservation Grant Program for the award of grants on a competitive basis for the
				  preservation, restoration or rehabilitation of historic properties owned by county
				  and municipal government agencies or entities, and by tax-exempt nonprofit
				  organizations. Terminated or lapsed grants under P.L. 1987, c.265, P.L. 1992, c.88
				  and P.L. 1995, c.204 which are to be redistributed shall be subjected to this
				  chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:100-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of this chapter is declared invalid by a court of
				  competent jurisdiction, the remainder of this chapter shall not be affected.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.1 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local government
				units and nonprofit organizations that own or lease, on a long-term basis, a
				historic property or intend to own or lease, on a long-term basis, a historic
				property, and have the property owner's written consent to submit an application,
				are eligible to submit applications for historic preservation construction
				grants.
(b) Local government units, and
				nonprofit organizations that have a demonstrated interest in the preservation,
				restoration, rehabilitation or long-term viability of a historic property and have
				the property owner's written consent to submit an application, are eligible to
				submit applications for historic site management grants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.2 - Eligible properties: construction grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the
				Trust's receipt of the application for a construction grant, the property for which
				the application is submitted must satisfy (a)4 below and either (a)1, 2 or 3 below:
1. The property must be owned in fee simple by the
				applicant; or
2. If the property is not
				owned in fee simple by the applicant, the applicant must have a contract for
				ownership of said property, and must obtain the written consent of the property
				owner to submit an application, with the understanding that ownership will be a
				condition of the grant, if awarded. Ownership of the property by the applicant must
				occur within 18 months of the date project funds are appropriated or approved by the
				Legislature and signed into law if part of an appropriation bill; or
3. If the property is not owned in fee simple by
				the applicant, the applicant must obtain the written consent of the property owner
				to submit an application with the understanding that a valid lease will be a
				condition of the grant, if awarded. An acceptable lease shall abide by the following
				conditions:
i. The lessor cannot revoke the lease
				at will;
ii. The unexpired term of the
				lease must be 15 years or more as of the date project funds are appropriated or
				approved by the Legislature and signed into law if part of an appropriation
				bill;
iii. No form of agreement between
				the applicant and the owner other than a lease is acceptable; and
iv. All leases will be referred for legal review
				and approval before funds can be released for a historic preservation project
				awarded a grant; and
4. The
				property is:
i. Listed individually in the
				National or State Register of Historic Places as set forth in N.J.A.C.
				7:4;
ii. Located within a historic
				district listed in the National or State Register of Historic Places and identified
				in the nomination of the district as contributing to its significance; or
iii. Certified by the State Historic Preservation
				Officer that the property, structure, facility or site is approved for listing or
				meets the criteria for listing in the State Register of Historic Places as set forth
				in N.J.A.C. 7:4. Before any grant money is disbursed to a recipient receiving more
				than $ 50,000, the property must meet the requirements of (a)4i or ii
				above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.3 - Eligible properties: planning grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the
				Trust's receipt of the application for a planning grant, the property for which the
				application is submitted must be owned in fee simple or leased by the applicant; or,
				if the property is not owned or leased by the applicant, to submit an application,
				the applicant must obtain the written consent of the property owner. In addition,
				the property must be:
1. Listed individually in
				the National or State Register of Historic Places as set forth in N.J.A.C.
				7:4;
2. Located within a historic
				district listed in the National Register of Historic Places and identified in the
				nomination of the district as contributing to significance; or
3. Certified by the State Historic Preservation
				Officer that the property, structure, facility or site is approved for listing or
				meets the criteria for listing or meets the criteria for listing in the State
				Register of Historic Places as set forth in N.J.A.C. 7:4. Before any grant money is
				disbursed to a recipient, the property must meet the requirements of (a)1 or 2
				above.
i. If the property is not listed in the
				State Register of Historic Places and the application includes a request for funding
				the cost of nomination to the State or National Register, the written consent of the
				property owner to list the property must be submitted with the
				application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.4 - Activities eligible for funding: construction grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				activities are eligible for construction grant by the program:
1. Preservation;
2. Rehabilitation;
3. Restoration;
4. Project signs, required under N.J.A.C.
				5:100-5;
5. Interpretive or directional
				signs, or plaques, approved or required by the Trust for funding as part of a
				historic preservation grant; and
6.
				Non-construction activities related directly to the development, implementation,
				operation and monitoring of historic preservation projects may be funded in an
				amount not to exceed 20 percent of the total construction costs approved for a
				historic preservation grant. Non-construction activities eligible for reimbursement
				are:
i. Architectural plans, designs,
				specifications, cost estimates, reports and other contract documents;
ii. Feasibility studies;
iii. Historic structure reports;
iv. Historic landscape reports;
v. Archaeological investigations and
				reports;
vi. Engineering
				reports;
vii. Historic research reports,
				including preparation of a nomination for the site for which a construction grant is
				requested to the New Jersey or National Register of Historic Places;
viii. Programs to educate the public about the
				history of the site; and
ix. Signs
				erected to acknowledge project support through this program and the State of New
				Jersey.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.5 - Activities eligible for funding: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				activities are eligible for a historic site management grant by the program:
1. Preparation of the following documents or
				reports for the purpose of planning for the preservation, restoration,
				rehabilitation of a historic property:
i.
				Condition assessment reports;
ii.
				HABS/HAER or existing condition documentation;
iii. Historic structure reports;
iv. Historic landscape reports;
v. Archaeological investigations and
				reports;
vi. Engineering
				reports;
vii. Historic research
				reports;
viii. Analysis of existing
				building systems (for example, electrical, security, environmental controls) and
				recommendations for improvement;
ix. As
				part of master planning for a historic site, analyzing, planning, designing, or
				adapting spaces in the property(ies) for new uses which will benefit the community.
				The plan should contain cost estimates associated with any changes; and
x. Maintenance plans;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.7 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Announcement of
				grant rounds and the opening and closing dates for submission of historic
				preservation grant applications shall be published by the Trust in the major daily
				papers and periodicals circulated to the historical and preservation community,
				posted on the Trust official website, in accordance with
				52:14-34.4 et seq.
(b) The following three basic steps constitute the
				historic preservation grant application procedure:
1. The applicant must submit a separate written
				application for each historic preservation project.
2. A notice of receipt for each application shall
				be sent by the Trust to each applicant.
3. If the application is approved and funds are
				appropriated by law, funds are to be distributed in accord with an executed project
				agreement between the Trust and the applicant which specifies, among other things:
i. The amount of grant and completion
				date;
ii. The project period;
iii. The project scope; and
iv. Special requirements including, but not
				limited to, inclusion of the site in the State Register of Historic
				Places.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.8 - Matching funds: construction grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a
				construction grant for a historic preservation project under the Garden State
				Historic Preservation Trust Fund, the applying local government unit and nonprofit
				organization, except as provided in (b) below, shall, as part of the application for
				a construction grant, demonstrate the ability to match the grant requested by
				generating $ 1.00 in funds for every $ 1.00 of grant money requested in the
				application.
(b) Local government units
				and nonprofit organizations awarded grants up to $ 200,000 are eligible for a 3:2
				funding match in which the Trust may provide up to 60 percent of project funding.
				The grant recipient is responsible for a minimum of 40 percent of project
				funding.
(c) Funds derived from the sale
				of debt of the State of New Jersey or special appropriations by the State
				Legislature or from other grant or loan programs funded by the State shall not be
				used as the matching share of project costs by nonprofit organizations or local
				government units.
(d) Funds raised by
				the applicant up to two years prior to June 30, 1999, for historic preservation
				projects, and of which the project described in the application is a significant and
				substantial part, may satisfy the matching funds requirement enumerated in (a) and
				(b) above if:
1. As part of the application, the
				applicant submits plans and specifications or other items documenting the
				expenditure of funds by the applicants and describing the work performed;
2. The Trust determines that the work performed is
				an integral part of the historic preservation project described in the application;
				and
3. The work was performed in
				accordance with the Secretary of the Interior's Standards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 2 - APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:100-2.9 - Matching funds: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a
				historic site management grant for a historic preservation project under these
				rules, the applying local government unit and nonprofit organization shall, as part
				of the application for a historic preservation grant, demonstrate the ability to
				match the grant request by generating $ 1.00 in funds for every $ 3.00 of grant
				money requested in the application. Evidence of applicant match must be presented at
				time of application.
(b) Funds derived
				from the sale of debt of the State of New Jersey or special appropriations by the
				Legislature or from other grant or loan programs funded by the State shall not be
				used as the matching share of project costs.
(c) Funds raised by the applicant up to two years
				prior to June 30, 1999, for historic preservation projects, and of which the project
				described in the application is a significant and substantial part, may satisfy the
				matching funds requirement enumerated in (a) above if:
1. As part of the application, the applicant
				submits plans and specifications or other items documenting the expenditure of funds
				by the applicant and describing the work performed;
2. The Trust determines that the work performed is
				an integral part of the historic preservation project described in the application;
				and
3. The work was performed in accord
				with the Secretary of the Interior's Standards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.1 - Allocation of historic preservation grant funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each grant round,
				historic preservation funds are to be allocated in accord with a ranking of
				applications received by the Trust in a given grant round, subject to availability
				and appropriation of funds. The ranking of applications is to be established by the
				Trust based on criteria set forth in
				5:100-3.2.
(b) The Trust reserves the right to limit funding
				to less than that requested in an application or more than requested, subject to
				availability of applicant's matching funds and the recommendations of the Trust's
				grant and loan committee.
(c) Up to 10
				percent of monies may be awarded by the New Jersey Historic Trust to be utilized for
				historic preservation projects or programs that aid designated districts,
				municipalities, or geographic areas.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.3 - Proposed action by New Jersey Historic Trust if a recommended project is deleted by the Garden State Preservation Trust

Current through Register Vol. 56, No. 14, July 15, 2024
If the Garden State Preservation Trust deletes a project that has
				  been submitted to the Garden State Preservation Trust by the New Jersey Historic
				  Trust as part of a list recommended for approval, the Garden State Preservation
				  Trust shall, in consultation with the applicant and the New Jersey Historic Trust,
				  review and reevaluate the merits and validity of the project. After completion of
				  this review and reevaluation, if the New Jersey Historic Trust continues to
				  recommend funding of the project, it shall transmit its reasons in writing to the
				  Garden State Preservation Trust and place the project on the next or a subsequent
				  list of projects submitted to the Garden State Preservation Trust. The Garden State
				  Preservation Trust shall include the project in the next legislation to appropriate
				  moneys from the Garden State Historic Preservation Trust Fund and send it to the
				  Governor, President of the Senate, and Speaker of the General Assembly for
				  consideration, together with a written report setting forth the rationale of the
				  Garden State Preservation Trust in recommending deletion of the project from the
				  proposed legislation and the rationale of the New Jersey Historic Trust in
				  recommending retention of the project in the proposed legislation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.4 - Commencement of project and payment: construction grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a construction
				grant, a project agreement for a historic preservation project shall be in effect
				within 18 months of the effective date of the appropriation by law of the funds for
				the construction grant or the grant for that historic preservation project shall
				lapse.
(b) As defined in the project
				agreement, work on a historic preservation project funded with a construction grant
				shall commence within two years of the effective date of the appropriation by law
				for the grant, or the grant for that historic preservation project shall lapse into
				the Fund.
(c) After funds for a
				construction grant have been appropriated by the Legislature, the project agreement
				has been fully executed, and all eligibility requirements have been met, the grant
				recipient will be reimbursed for expenditures incurred for historic preservation
				activities which are eligible under
				5:100-2.4, which are within the scope of
				the historic preservation project described in the project agreement subject to the
				Trust's approval of documents submitted under (d) below. The total reimbursements
				cannot exceed the amount of the grant.
(d) Reimbursement is to be made under (a) above
				based on itemized invoices and cancelled checks approved by the Trust and referenced
				to completed tasks within the scope of the historic preservation project described
				in the project agreement. The grant recipient must submit invoices to the Trust for
				approval before reimbursement can be made. Invoices must itemize cost of labor and
				materials and describe the work performed for which reimbursement is requested.
				Invoices are to be submitted for each billing period set forth in the project
				agreement and shall be accompanied by any other documentation defined in the project
				agreement.
(e) Five percent of the total
				amount of each grant shall be retained by the Trust. The Trust shall deduct as
				retainage an amount equal to five percent of each payment approved under (d) above.
				The retainage shall be kept by the Trust until the historic preservation project has
				been completed and has met all financial and project requirements, including
				submission of required reports.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.5 - Commencement of project and payment: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a historic site
				management grant, a project agreement must be in effect within 12 months of the
				effective date of the appropriation by law for the grant, or the grant for that
				historic preservation project shall lapse into the Fund.
(b) As defined in the project agreement, any work
				on a historic preservation project funded with a historic site management grant
				awarded under the Act shall commence within one year of the effective date of the
				appropriation by law of the funds for the grant or that historic preservation
				project will lapse into the Fund.
(c)
				After funds for the grant have been appropriated by the Legislature, the project
				agreement has been fully executed, and all eligibility requirements have been met,
				the grant recipient will be reimbursed for expenditures incurred for historic
				preservation activities which are eligible for funding and which are within the
				scope of the historic preservation project described in the project agreement
				subject to the Trust's approval of documents submitted under (d) below. Total
				reimbursements cannot exceed the amount of the grant.
(d) Disbursement of 80 percent of the grant is to
				be made under (c) above once documentation of the following has been received by the
				Trust:
1. The project team or consultants have
				been retained;
2. An initial payment for
				retaining said project team or consultant(s) has been paid by the grantee;
				and
3. A contract has been signed by
				both the consultant(s) and grantee.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.6 - Grant amount: construction grants

Current through Register Vol. 56, No. 14, July 15, 2024
The minimum construction grant awarded for a historic
				  preservation project shall be $ 10,000. The maximum construction grant that may be
				  allocated to any historic property, structure or site in a funding round is $
				  750,000.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.7 - Grant amount: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
The minimum grant awarded to a historic site management grant is
				  $ 5,000. The maximum historic site management grant that may be allocated to any one
				  historic property, structure or site in a funding round is $ 50,000.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.8 - Reallocation of lapsed grant funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the discretion of
				the Trust, funds from lapsed or terminated projects may be:
1. Reallocated to the Fund for distribution under
				a future round of funding; or
2.
				Reallocated to other historic preservation grant-aided projects or
				expenses.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 3 - ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS › Section 5:100-3.9 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
Grantees which fail to fulfill the obligations stipulated in the
				  grant contract will be terminated at the discretion of the Trust. Terminated
				  projects will have 30 days from the date of notification of termination to come into
				  compliance with the grant contract's obligations or the grant will lapse.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 4 - EASEMENT › Section 5:100-4.1 - Easement on the historic property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assure the
				continued preservation of grant-assisted historic properties receiving construction
				grants in excess of $ 50,000 which are owned by nonprofits, and to assure that
				public benefit continues from the use of public funds after the expenditure of the
				grant moneys, the Trust will not make grant assistance available until an easement
				agreement between the Trust and the nonprofit grant recipient and all other parties
				having an ownership interest in the historic property is recorded. The easement
				agreement must include:
1. Provision for the
				continued preservation of the historic property;
2. Limitations on the right to change the use,
				alter, demolish or convey the property; and
3. Provisions for public access to the historic
				property.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:101-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the New Jersey Historic
				  Trust "in but not of" the Department of Community Affairs for the Garden State
				  Historic Preservation Trust Fund Grants Program for the award of grants on a
				  competitive basis for the preservation, restoration, or rehabilitation of historic
				  properties owned by State agencies and entities, local government units, and by
				  tax-exempt nonprofit organizations, under
				  P.L.
				  2016, c. 12,
				  P.L.
				  2007, c. 119,
				  P.L.
				  2009, c. 117, and terminated
				  or lapsed grants under P.L. 1987, c. 265, P.L. 1992, c. 88 and P.L. 1995, c. 204,
				  and P.L.
				  1999, c. 152 which are to be
				  redistributed, shall be subjected to this chapter, in accord with the Garden State
				  Preservation Trust Act,
				  N.J.S.A. 13:8C-1et
				  seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:101-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If a court of competent jurisdiction declares any portion of this
				  chapter invalid, the remainder of this chapter is not to be affected.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.1 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State agencies or entities, local government
				units, and nonprofit organizations that own or lease on a long-term basis a historic
				property, or intend to own or lease on a long-term basis a historic property, and
				have the property owner's written consent to submit an application, are eligible to
				submit applications for historic preservation capital grants.
(b) State agencies or entities, local government
				units, and nonprofit organizations that are interested in the preservation,
				restoration, rehabilitation, or long-term viability of a historic property and have
				the property owner's written consent to submit an application, are eligible to
				submit applications for historic site management, MCRP, heritage tourism, and
				emergency intervention grants. For grants affecting a project area for which there
				are multiple property owners, the signature of the chief elected local official of
				each municipality in which the project area is located will suffice as owner
				consent.
(c) Nonprofit organizations and
				private property owners that own historic property are eligible to submit
				applications for the acquisition of historic preservation easements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.2 - Eligible properties: capital grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the
				Trust's receipt of the application for a construction grant, the property for which
				the application is submitted must satisfy (a)4 below and either (a)1, 2, or 3 below:
1. The property must be owned in fee simple by the
				applicant; or
2. If the property is not
				owned in fee simple by the applicant, the applicant must have an executed lease with
				the property owner. An acceptable lease shall abide by the following conditions:
i. The lessor cannot revoke the lease at
				will;
ii. The unexpired term of the
				lease is 15 years or more as of the date project funds are appropriated by the
				Legislature and signed into law;
iii. No
				form of agreement between the applicant and the owner other than a lease or National
				Park Service Cooperative Agreement is acceptable; and
iv. All leases will be referred to the Attorney
				General for review and approval before funds can be released for a historic
				preservation project awarded a grant; or
3. If the property is not owned in fee simple by
				the applicant, and the remaining term of the lease is less than 15 years, and the
				owner is an entity of State, county, or local government, the owner must be a joint
				signatory to the grant agreement; and
4.
				The property is:
i. Listed individually in the
				National or New Jersey Register of Historic Places as set forth in N.J.A.C.
				7:4;
ii. Located within a historic
				district listed in the National or New Jersey Register of Historic Places and
				identified in the nomination of the district as contributing to its significance;
				or
iii. Certified by the State Historic
				Preservation Officer that the property, structure, facility, or site is approved for
				listing or meets the criteria for listing in the New Jersey Register of Historic
				Places as set forth in N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.3 - Eligible properties: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the
				Trust's receipt of the application for a planning grant, the property for which the
				application is submitted must be owned in fee simple or leased by the applicant; or,
				if the property is not owned or leased by the applicant, to submit an application,
				the applicant must obtain the written consent of the property owner. The written
				consent of the chief elected local official of the municipality will suffice for
				planning applications involving a historic district for which there are multiple
				property owners. In addition, the property must be:
1. Listed individually or as a district in the
				National or New Jersey Register of Historic Places as set forth in N.J.A.C.
				7:4;
2. Located within a historic
				district listed in the National or New Jersey Register of Historic Places and
				identified in the nomination of the district as contributing to its significance;
				or
3. Certified by the State Historic
				Preservation Officer that the property, structure, facility, site, or district is
				approved for listing or meets the criteria for listing in the New Jersey Register of
				Historic Places as set forth in N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.4 - Eligible properties: MCRP grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) MCRP grants do not
				need to demonstrate ownership or lease requirements. The signature of the chief
				elected local official of each municipality in which the project area is located
				will be required if the applicant does not own, in fee simple, the resource(s) to be
				impacted. The applicant should demonstrate that the MCRP initiative will foster the
				identification, evaluation, and protection of historic resources that are:
1. Listed individually or as a district in the
				National or New Jersey Register of Historic Places as set forth at N.J.A.C.
				7:4;
2. Located within a historic
				district listed in the National or New Jersey Register of Historic Places and
				identified in the nomination of the district as contributing to its significance;
				or
3. Certified by the State Historic
				Preservation Officer that the property, structure, facility, site, or district is
				approved for listing or meets the criteria for listing in the New Jersey Register of
				Historic Places as set forth at N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.5 - Eligible properties: heritage tourism grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Heritage tourism
				grants do not need to demonstrate ownership or lease requirements. Depending on the
				nature of the project, owner assurances may be required if the applicant does not
				own, in fee simple, the resource to be impacted. Applicants should demonstrate that
				the heritage tourism initiative will plan for, support, and/or enhance the visitor
				experience for resources that are:
1. Listed
				individually or as a district in the National or New Jersey Register of Historic
				Places as set forth at N.J.A.C. 7:4;
2.
				Located within a historic district listed in the National or New Jersey Register of
				Historic Places and identified in the nomination of the district as contributing to
				its significance; or
3. Certified by the
				State Historic Preservation Officer that the property, structure, facility, site, or
				district is approved for listing or meets the criteria for listing in the New Jersey
				Register of Historic Places as set forth at N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.6 - Eligible properties: emergency intervention grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the
				Trust's receipt of the application for funding, the property for which the
				application is submitted must be owned in fee simple by the applicant; if not owned
				in fee simple, the applicant shall submit proof of consent and signature of the
				property owner as part of the application. In addition, the property must be:
1. Listed individually in the National or New
				Jersey Register of Historic Places as set forth at N.J.A.C. 7:4;
2. Located within a historic district listed in
				the National or New Jersey Register of Historic Places and identified in the
				nomination of the district as contributing to its significance;
3. Certified by the State Historic Preservation
				Officer that the property, structure, facility, site, or district is approved for
				listing or meets the criteria for listing in the New Jersey Register of Historic
				Places as set forth at N.J.A.C. 7:4; or
4. Eligible for listing in the New Jersey Register
				of Historic Places by demonstrating that it meets the criteria for listing as set
				forth at N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.7 - Eligible properties: acquisition of historic preservation easements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of
				the Trust's receipt of the application for funding to purchase a historic
				preservation easement, the property for which the application is submitted must be
				owned in fee simple by the applicant; if not owned in fee simple, the applicant
				shall submit an agreement to purchase the property as part of the application. In
				addition, the property for which the easement is being purchased must be:
1. Listed individually or as a district in the
				National or New Jersey Register of Historic Places as set forth at N.J.A.C.
				7:4;
2. Located within a historic
				district listed in the New Jersey and/or National Register of Historic Places and
				identified in the nomination of the district as contributing to its significance;
				or
3. Certified by the State Historic
				Preservation Officer that the property, structure, facility, site, or district is
				approved for listing or meets the criteria for listing in the New Jersey Register of
				Historic Places as set forth at N.J.A.C. 7:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.8 - Activities eligible for funding: capital grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				activities are eligible for a capital grant by the program:
1. Preservation;
2. Rehabilitation;
3. Restoration;
4. Visitor amenity;
5. Improvements as part of a preservation or
				rehabilitation project;
6.
				Reconstruction of a documented part of a historic structure as part of a
				restoration, preservation, or rehabilitation project;
7. Project signs, required under
				N.J.A.C.
				5:101-5 ;
8. Interpretive or directional signs, or plaques,
				approved or required by the Trust for funding as part of a historic preservation
				grant;
9. Archaeological investigation,
				data recovery, and reports; and
10.
				Non-construction activities related directly to the professional management,
				development, implementation, operation, and monitoring of historic preservation
				projects by outside consultants may be funded in an amount not to exceed 20 percent
				of the total project costs approved for a historic preservation grant.
				Non-construction activities eligible for reimbursement are:
i. Architectural plans, designs, specifications,
				cost estimates, reports and other contract documents;
ii. Feasibility studies;
iii. Historic structure reports;
iv. Historic landscape reports;
v. Engineering reports;
vi. Historic research reports, including
				preparation of a nomination for the site for which a construction grant is requested
				to the New Jersey or National Register of Historic Places;
vii. Programs to educate the public about the
				history of the site; and
viii. Programs
				or workshops to educate the organization about routine and cyclical maintenance and
				long-term stewardship planning.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.9 - Activities eligible for funding: historic site management grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				activities are eligible for a historic site management grant by the program:
1. Preparation of the following documents or
				reports for the purpose of planning for the preservation, restoration,
				rehabilitation of a historic property:
i.
				Condition assessment reports;
ii.
				Existing conditions documentation to Federal or State recordation
				standards;
iii. Historic structure
				reports;
iv. Historic landscape
				reports;
v. Archaeological
				investigations and reports;
vi.
				Engineering reports;
vii. Historic
				research reports;
viii. Analysis of
				existing building systems (for example, electrical, security, environmental
				controls) and recommendations for improvement;
ix. As part of master planning for a historic
				site, analyzing, planning, designing, or adapting spaces in the property(ies) for
				new uses which will benefit the community. The plan should contain cost estimates
				associated with any changes; and
x.
				Maintenance plans;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 101 - GARDEN STATE HISTORIC PRESERVATION TRUST FUND GRANTS PROGRAM › Subchapter 2 - APPLICATION PROCEDURE AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS › Section 5:101-2.10 - Activities eligible for funding: MCRP grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following activities are eligible for MCRP grants:
1. Design guidelines;
2. Cultural resource surveys;
3. Historic preservation element of municipal,
				county, or regional Master Plans; and
4.
				Local historic preservation ordinances.