New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:100-1.3 - 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 New Jersey Green Acres, Cultural Center and
				  Historic Preservation Bond Act of 1987, P.L. 1987, c.265, the Green Acres, Clean
				  Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c.88, the
				  Green Acres, Clean Water, Farmland and Historic Preservation, and Blue Acres Bond
				  Act of 1995, P.L. 1995, c.204 and the Garden State Trust Fund Act,
				  13:8C-1 et seq.
"Applicant" means the county or municipal government entity or
				  agency, or nonprofit organization that submits an application for a historic
				  preservation grant.
"Approved project period" means the amount of time prescribed in
				  the project agreement during which the grant recipient must complete satisfactorily
				  the approved historic preservation project to be eligible for the full funding
				  authorized for the project.
"Construction grant" means the matching funds appropriated from
				  the Garden State Historic Preservation Trust Fund for the purpose of planning and/or
				  understanding the preservation or rehabilitation of a historic property.
"Deputy State Historic Preservation Officer" means the person(s)
				  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 National Register of Historic Places.
"Garden State Preservation Trust Fund" means a public body
				  corporate and politic, with corporate succession, established in but not of the
				  Department of Treasury created by the Garden State Trust Fund Act,
				  13:8C-1 et seq.
"Grant recipient" means the applying county or municipal
				  government entity or agency or nonprofit organization named in a project agreement
				  executed with the Trust which has been selected to receive grant funds for a
				  historic preservation project.
"Historic" as applied to any property, structure, facility or site
				  means any area, site, 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 (13:1B-15.1 28 et seq.) and N.J.A.C.
				  7:4.
"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 the historic property, structure,
				  facility or site, and shall include any work related to provide access thereto for
				  handicapped or disabled persons in accord 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 planning for
				  future preservation activities at a historic structure, facility or site; and site
				  management activities at a historic property, structure, facility or site.
"Historic preservation project cost" means the expenses incurred
				  in connection with: all things deemed necessary or useful and convenient in
				  connection with historic preservation projects; the execution of any agreements and
				  franchises deemed by the Trustees of the New Jersey Historic Trust to be necessary
				  or useful and convenient in connection with any historic preservation project; the
				  procurement or provision of engineering, architectural, design, inspection,
				  relocation, legal, financial, planning, archaeological, historic research,
				  geological, hydrological, or other professional services, estimates, studies,
				  reports, or advice; and feasibility studies and administrative costs incurred by the
				  New Jersey Historic Trust to administer these grants.
"Historic site management grant" means the funds appropriated 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 codes.
"Local government unit" means, with respect to historic
				  preservation projects, a county, municipality or other political subdivision of this
				  State, or any agency thereof, which owns or leases on a long-term basis a historic
				  property, structure, facility or site.
"Master planning" is the term used to describe any of the
				  following activities: preparation of a historic structure report, site master plan,
				  landscape plan and feasibility study.
"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, under authority of the National Historic
				  Preservation Act, as amended (
				  16 U.S.C. §§
										470 et seq.).
"Nonprofit organization" means a corporation organized under the
				  New Jersey Nonprofit Corporation Act,
				  15A:1-1 et seq. and qualified for
				  tax-exempt status under the Internal Revenue Code 1986 (
				  26 U.S.C.
				  §
										501(c) ).
"Planning" means the act or process of developing procedures or
				  designs for the management, preservation, restoration, rehabilitation,
				  interpretation or access to 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.
"Project agreement" means a document executed by the New Jersey
				  Historic Trust and a grant recipient which provides a specified amount and scope of
				  grant assistance for a historic preservation project approved by the Trust and
				  subject to conditions to assure benefit to the public and continued preservation of
				  the property, structure or site.
"Property" means the historic site, structure or facility which 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 as 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 1995) 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 location itself maintains historic or archaeological value
				  regardless of the value of any existing structure.
"Site management" means the act process of developing procedures
				  or plans for the long-term viability of a historic property or the organization
				  managing the property.
"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 and nominate eligible properties
				  to the National Register of Historic Places. The State Historic Preservation Officer
				  establishes the procedures and criteria under 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 State Register of Historic
				  Places.
"State Register of Historic Places" means the New Jersey Register
				  of Historic Places consisting 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
				  under the New Jersey Register of Historic Places Act,
				  13:1B-15.1 28 et seq. and N.J.A.C.
				  7:4.
"State Review Board" means a body whose members represent the
				  professional fields of American history, prehistoric and historic archaeology, and
				  other professional disciplines appointed by the State Historic Preservation Officer
				  as part of the State Historic Preservation Program for the purpose of reviewing and
				  recommending to the State Historic Preservation Officer whether to approve New
				  Jersey and National Register nominations based on whether or not nominations meet
				  the criteria for evaluation in
				  7:4-2.3.
"Structure" means a work structured by humans and made up of
				  independent and interrelated parts in a definite pattern or organization.
"Trust" means the New Jersey Historic Trust, a body corporate and
				  politic established "in but not of" the Department of Community Affairs.