New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 100 - HISTORIC PRESERVATION GRANT PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 5:100-1.3 - Definitions

Universal Citation: NJ Admin Code 5:100-1.3
Current through Register Vol. 56, No. 18, September 16, 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.

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