New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 102 - HISTORIC PRESERVATION REVOLVING LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:102-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have these meanings, unless the context clearly indicates otherwise:
"Acquisition" means the process of obtaining an interest in real
				  property for the purpose of preserving or enhancing the historic, cultural or
				  architectural significance of the property. Acquisition may include purchase of
				  title, development rights, life estates, remainder interests, easements or other
				  interests in real property which would result in the preservation of a historic
				  property.
"Act" means the "New Jersey Green Acres, Cultural Centers and
				  Historic Preservation Bond Act of 1987," P.L. 1987, c.265.
"Applicant" means the county or municipal government or nonprofit
				  organization that submits an application for a historic preservation loan.
"Approved project period" means the amount of time prescribed in
				  the project agreement during which the loan recipient must complete the approved
				  historic preservation project.
"County and municipal government" includes all legal subunits and
				  coequal units of county and municipal government.
"Deputy State Historic Preservation Officer" means the
				  Administrator, Historic Preservation Office, Department of Environmental Protection,
				  designated 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.
"Historic" as applied to any property, structure, facility or site
				  means any area, site, structure or object approved for listing or which has been
				  certified by as meeting the criteria for listing in the New Jersey or National
				  Register of Historic Places as set forth at N.J.A.C. 7:4. The State Historic
				  Preservation Officer is responsible for identifying and nominating eligible
				  properties to the National Register of Historic Places.
"Historic preservation cost" means the expenses incurred in
				  connection with the historic preservation project for which loan assistance is
				  provided.
"Historic preservation loan" means moneys approved by the New
				  Jersey Historic Trust for funding of a historic preservation project and subject to
				  the terms of an agreement between the Trust and the recipient.
"Historic preservation project" means work directly related to the
				  acquisition, improvement, restoration, stabilization, and/or rehabilitation of a
				  historic property, structure, facility or site and shall include: any work related
				  to providing access thereto for handicapped or disabled persons in accord with the
				  Americans with Disabilities Act,
				  42 U.S.C. §§
										12101 to
				  12213 and the State
				  Barrier Free Subcode, N.J.A.C. 5:23-7.
"Improvement" means the act of upgrading the basic physical
				  condition of a property in a manner consistent with the Standards for the Treatment
				  of Historic Properties (Revised 1992) adopted by the Secretary of the United States
				  Department of the Interior now in effect and as may subsequently be modified,
				  changed or amended. This type of activity includes upgrading mechanical systems,
				  providing appropriate barrier-free access for handicapped persons, and bringing a
				  property into conformance with building costs.
"Loan agreement" means a document executed by the New Jersey
				  Historic Trust and a loan recipient which provides loan assistance of a specified
				  amount for a historic preservation project approved by the Trust.
"Loan recipient" means the county or municipal government or
				  nonprofit organization named in an agreement executed with the Trust to receive loan
				  funds for a historic preservation project.
"National Register of Historic Places," means the 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 of 1986 (
				  26 U.S.C.
				  §
										501(c) ).
"Preservation" means the act or process of applying measures to
				  sustain the existing form, integrity, and material of a historic property.
"Reconstruction" is defined as 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 and in its historic location.
"Rehabilitation" is defined as the act or process of making
				  possible an efficient compatible use for a property through repair, alterations, and
				  additions while preserving those portions of features which convey its historical,
				  cultural, or architectural values.
"Restoration" is defined as the act or process of accurately
				  depicting the form, features, and character of a property as it appeared at a
				  particular period 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" or "Standards" means the
				  Standards for the Treatment of Historic Properties, 36 C.F.R. Part 68 and the
				  Guidelines for Implementation of the Standards adopted by the Secretary of the
				  United States Department of the Interior now in effect and as may subsequently be
				  modified, changed or amended, incorporated herein by reference.
"Site" means the location of a significant event, a 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.
"State Historic Preservation Officer" means the Commissioner of
				  the Department of Environmental Protection designated by the Governor to administer
				  the State Historic Preservation Program and to identify and nominate eligible
				  properties to the National Register of Historic Places. The State Historic
				  Preservation Officer establishes the procedures and criteria located at N.J.A.C. 7:4
				  for receiving and processing nominations and approval of 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 expand and maintain
				  under the "New Jersey Register of Historic Places Act,"
				  13:1B-15.1 28 et seq.
"Structure" means a work constructed by man and made up of
				  interdependent and interrelated parts in a definite pattern or organization.
				  Structures are distinguished from buildings by their functional and utilitarian
				  nature. Generally, a building is built for a purpose other than to create
				  shelter.
"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 under
				  13:1B-15.1 11 et seq.