N.J. Admin. Code § 5:101-1.3

Current through Register Vol. 56, No. 16, August 19, 2024
Section 5:101-1.3 - Definitions

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.

N.J. Admin. Code § 5:101-1.3

Amended by R.2006 d.144, effective 4/17/2006.
See: 38 N.J.R. 382(a), 38 N.J.R. 1655(a).
Added definitions "Grant agreement," "New construction" and "New Jersey Register of Historic Places"; in definition "Historic preservation project cost", recodified paragraphs 4-5 as 5-6 and added paragraph 4, and in "State Historic Preservation Officer", substituted "New Jersey" for "State" in two places; deleted definitions "Project agreement" and "State Register of Historic Places".
Amended by R.2011 d.098, effective 4/4/2011.
See: 42 N.J.R. 2350(a), 43 N.J.R. 829(a).
In definitions "Applicant" and "Grant recipient", inserted "State agency or entity,"; added definitions "District" and "Heritage tourism project"; in definitions "Historic" and "Property", inserted "district,"; and in definition "Historic preservation project", substituted a comma for "or" following the first occurrence of "facility", inserted "or district," and ", or district" twice, and deleted "or" following the last two occurrences of "facility,".
Amended by 55 N.J.R. 2474(a), effective 12/18/2023