1 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM 

N.J.A.C. 5:100 (2011)

Title 5, Chapter 100 -- Chapter Notes

CHAPTER AUTHORITY:

N.J.S.A. 13:1B-15.114(c) and 13:8C-42; and P.L. 1987, c. 265; P.L. 1992, c. 88; P.L. 1995, c. 204; and P.L. 1999, c. 152.

CHAPTER SOURCE AND EFFECTIVE DATE:

R.2009 d.23, effective December 10, 2008.

See: 40 N.J.R. 4271(a), 41 N.J.R. 127(b).

CHAPTER EXPIRATION DATE:

In accordance with N.J.S.A. 52:14B-5.1b, Chapter 100, Historic Preservation Grant Program, expires on December 10, 2015. See: 43 N.J.R. 1203(a).

CHAPTER HISTORICAL NOTE:

Chapter 100, Ombudsman Practice and Procedure and Public Notice Requirements, was adopted as R.1979 d.166, effective May 1, 1979. See: 11 N.J.R. 164(b), 11 N.J.R. 274(a). Chapter 100 was amended by R.1979 d.386, effective September 28, 1979. See: 11 N.J.R. 431(a), 11 N.J.R. 536(a).

Pursuant to Executive Order No. 66(1978), Chapter 100 was readopted as R.1989 d.295, effective May 5, 1989. See: 21 N.J.R. 368(a), 21 N.J.R. 1516(b).

Chapter 100, Ombudsman Practice and Procedure and Public Notice Requirements, was repealed, and a new Chapter 100, Office of the Ombudsman for the Institutionalized Elderly Practice and Procedure Rules, was adopted as R.1990 d.316, effective June 18, 1990. See: 22 N.J.R. 1016(c), 22 N.J.R. 1926(a).

Pursuant to Executive Order No. 66(1978), Chapter 100 was readopted as R.1995 d.336, effective May 26, 1995. See: 27 N.J.R. 1348(a), 27 N.J.R. 2388(a).

Pursuant to Reorganization Plan No. 001-1996, Chapter 100, Office of the Ombudsman for the Institutionalized Elderly Practice and Procedure Rules, was recodified to  N.J.A.C. 8:90, effective October 15, 1997. See: 29 N.J.R. 4679(a).

Chapter 100, Historic Preservation Grant Program, was codified in Title 15 as Chapter 33, Historic Grant Preservation Program. See: 30 N.J.R. 1351(a), 30 N.J.R. 4252(a). Chapter 33, Historic Grant Preservation Program, expired February 18, 2002.

Chapter 100, Historic Preservation Grant Program, was adopted as new rules by R.2004 d.46, effective February 2, 2004. See: 35 N.J.R. 1178(a), 36 N.J.R. 650(a).

Chapter 100, Historic Preservation Grant Program, was readopted as R.2009 d.23, effective December 10, 2008. See: Source and Effective Date.

NOTES:
Chapter Notes

2 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 1. GENERAL PROVISIONS

N.J.A.C. 5:100-1.1 (2011)

§ 5:100-1.1 Purpose

   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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

3 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 1. GENERAL PROVISIONS

N.J.A.C. 5:100-1.2 (2011)

§ 5:100-1.2 Severability

   If any portion of this chapter is declared invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

4 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 1. GENERAL PROVISIONS

N.J.A.C. 5:100-1.3 (2011)

§ 5:100-1.3 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 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, N.J.S.A. 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, N.J.S.A. 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 (N.J.S.A. 13:1B-15.128 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, N.J.S.A. 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, N.J.S.A. 13:1B-15.128 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  N.J.A.C. 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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

5 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.1 (2011)

§ 5:100-2.1 Eligible applicants

   (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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

6 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.2 (2011)

§ 5:100-2.2 Eligible properties: construction grants

   (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.
(b) The Trust shall require as a condition of a construction grant awarded to a qualifying nonprofit organization that the historic property for which the construction grant is received shall not be sold, leased or otherwise conveyed to an individual or to an organization that does not have tax-exempt or governmental status without the consent of the Trust.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

7 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.3 (2011)

§ 5:100-2.3 Eligible properties: planning grants

   (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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

8 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.4 (2011)

§ 5:100-2.4 Activities eligible for funding: construction grants

   (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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

9 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.5 (2011)

§ 5:100-2.5 Activities eligible for funding: historic site management grants

   (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;
2. Feasibility studies;
3. Preparation of architectural plans, designs, specifications, cost estimates, and other contract documents;
4. As part of master planning for compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 through 12213, including:
i. Evaluations of ADA access requirements for a historic property;
ii. Preparation of architectural plans, designs, specifications, cost estimates, and other contract documents for complying with ADA requirements; and
iii. Development of materials or devices to help the disabled visitor (for example, videos, audio narratives, displays to aid the visually impaired);
5. Preparation of a nomination to the New Jersey or National Register of Historic Places for an individual property or site owned by a local government unit, nonprofit organization or a State entity or authority. (The consent and signature of property owner must be obtained);
6. Heritage tourism plans and programs; and
7. Preparation of the following documents or reports for the purpose of developing a procedure or design for the long-term viability of a historic property or its organization, including the following:
i. Development of multi-year strategic plans;
ii. Development of a fundraising plan for initiating capital campaigns for the preservation, restoration or rehabilitation of a historic property;
iii. Development of interpretive and/or curriculum materials, signage or literature for visitors;
iv. Development of endowment planning and proposals; and
v. Visitor assessments which are part of a strategic plan, interpretive/plan or curriculum development proposal.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

10 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.6 (2011)

§ 5:100-2.6 Ineligible cost

   (a) Costs incurred in the following activities are not eligible for funding by the historic preservation grant program:
1. Acquisition of real or personal property;
2. Reconstruction, unless a component of a restoration or rehabilitation project;
3. Administrative or operational costs of the agency receiving funding, except as specified in  N.J.A.C. 5:100-2.4 and 2.5;
4. Donated materials and/or donated in-kind services;
5. Expenses for publicity, unless stipulated in the grant agreement;
6. Changes more than the lowest bid, when the State or the recipient requires competitive bidding, unless the Trust agrees in advance to the higher cost;
7. Charges for deficits or overdrafts;
8. Interest expense;
9. Damage judgments arising from constructing, or equipping a facility, whether determined by judicial process, arbitration, negotiation, or otherwise;
10. Services, materials, or equipment obtained by a local government unit or nonprofit organization under any other State program;
11. Contract cost overruns, not approved, which exceed the allowable amount under contract specifications;
12. Costs for grant application expenses;
13. Lobbying;
14. Work including construction, research, and preparation of plans and reports performed outside the approved project period;
15. Work including construction, research and preparation of plans and reports not included in the scope of work set forth in the project agreement;
16. Funds spent for eligible project work prior to submission of an application shall not exceed 75 percent of the grant requested;
17. Work that does not comply with the Secretary of the Interior's Standards;
18. Work performed for a local government unit which has not been awarded in compliance with the State Contract Law, N.J.S.A. 52:32-1 et seq., or the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
19. Work performed for nonprofit organization which has not been awarded in compliance with bidding requirements if the aggregate cost of contracts for the historic preservation project funded with a historic preservation project funded with a historic preservation grant exceeds $ 50,000;
20. Routine maintenance work;
21. Costs related to the interiors of buildings that are used primarily for religious worship or a religious purpose;
22. For construction grants, the costs incurred for planning and site management activities or documents that were funded by a planning grant from the Garden State Historic Preservation Trust Fund;
23. Planning, refurbishing or installing permanent or temporary museum exhibits, except as noted in N.J.A.C. 15:34-2.5(a)4iii and (a)7iii; and
24. Collections management including:
i. Cataloging an artifact or archival collection;
ii. Appraising or documenting collections; or
iii. Instituting conservation measures for artifacts.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

11 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.7 (2011)

§ 5:100-2.7 Procedures

   (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 N.J.S.A. 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.
(c) Each project application shall contain sufficient information to ensure that the Trust is able to conduct an adequate and thorough review. Applications not complete at the time of submission will not be eligible for review. Applications shall be on forms provided by the Trust and must in all cases contain at least:
1. A statement of the significance and condition of the property;
2. A description, justification, and statement of need for the proposed project;
3. Cost estimates for proposed work;
4. Photographic and other documentation;
5. Information on the applicant organization's programs, outreach activities and finances;
6. As applicable, proof of the applicant's nonprofit and charitable registration status;
7. Evidence of matching funds to carry out the requested work;
8. As applicable to a construction grant request, long-range plans for the future use and preservation of the property;
9. As applicable, the names and addresses of all owners, all parties with an ownership interest, and evidence of ownership or an interest in ownership of the historic property for which a grant is requested;
10. As applicable to a construction grant request, the names of lessors and lessees, and if available, a copy of a long-term lease meeting the requirements of  N.J.A.C. 5:100-2.2(a)3;
11. If the property for which a grant is requested is not owned by the applicant, the application must contain the property owner(s) written consent to the submission of an application and if the property is not listed on the time of application, consent that a nomination for listing the property will be prepared and submitted if a construction grant is awarded by an eligible entity; and
12. If the property for which a grant is requested is not listed in the New Jersey or National Register of Historic Places, a certification by the State Historic Preservation Officer that, as of the date of the Trust's receipt of the application, the historic property for which a grant is requested 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.
(d) Applications not funded in a given grant round shall not receive further consideration for funding by the Trust in that grant round; however, revised or new applications can be submitted in subsequent grant rounds.
(e) Application materials for projects not funded are to be retained by the Trust for 90 days following the announcement of grant awards, and are to be returned if an applicant requests their return within the 90 day period. After 90 days, the Trust may discard all application materials for non-funded projects.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

12 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.8 (2011)

§ 5:100-2.8 Matching funds: construction grants

   (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.
(e) An applicant's matching share consists only of eligible cash raised or eligible expenses incurred by the applicant. If matching funds have not been spent or are not in hand at the time of application, applicants must describe in detail plans for obtaining matching funds.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

13 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 2. APPLICATION PROCEDURES AND ELIGIBILITY FOR HISTORIC PRESERVATION GRANTS

N.J.A.C. 5:100-2.9 (2011)

§ 5:100-2.9 Matching funds: historic site management grants

   (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.
(d) An applicant's matching share shall consist only of eligible cash raised by the applicant except as provided in (b) above or funds spent by applicant on an on-going historic preservation project as provided in (c) above.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

14 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.1 (2011)

§ 5:100-3.1 Allocation of historic preservation grant funds

   (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  N.J.A.C. 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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

15 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.2 (2011)

§ 5:100-3.2 Criteria for review and ranking of applications for historic preservation grants

   (a) To determine priority for construction grant funding, all applications for eligible historic preservation projects in a given grant round shall be ranked on the basis of the following competitive criteria:
1. Significance of resource, which shall involve consideration of the degree to which a property is historically, archaeologically, architecturally or culturally significant in the State, under the evaluation criteria for the New Jersey and National Registers of Historic Places;
2. The physical condition of a property, including an immediate threat of collapse, demolition or inappropriate use or development; notice of code violations; and deterioration requiring stabilization;
3. The overall quality of the work proposed for funding, based on the following:
i. The quality of preliminary planning or contract documents submitted, including degree to which documents comply with Secretary of the Interior's Standards; and
ii. The credentials and experience of project term; and
iii. A realistic and feasible budget and schedule for work proposed for funding;
4. The availability of funds to match the requested grant;
5. The ability of applicant to carry out the proposed work, develop programs to sustain and interpret the property, and make it accessible to the public, and provide for the long-term protection of the property;
6. Impact of project;
i. The ability of the project to create jobs or training opportunities;
ii. The potential of the project to promote investment in and awareness of cultural and historic assets;
iii. The relationship of the proposed project to other State, county, municipal, or organizational planning initiatives or programs which will aid community revitalization, protect and preserve the built or natural environment, or improve or promote heritage education and tourism including the policies set forth in the New Jersey State Development and Redevelopment Plan and subsequent policies such as, Statewide Policy No. 9 (Historic, Cultural and Scenic Resources); and
iv. The proposed use and interpretative program for the site.
7. If, at the time of application, the applicant has no legal control over the property, either in the form of a valid 15-year lease or fee simple ownership, the Trust shall evaluate the likelihood in which ownership or the required lease will be obtained within the time set by  N.J.A.C. 5:100-2.2(a)3ii;
8. The degree to which the proposed project represents innovative design or programming for a historic site and the degree to which the project reaches new audiences; and
9. The distribution of funds to achieve a geographical balance as well as a balance between sizes and types of projects, diversity of audiences served by projects, and diversity of audiences served by projects, and diversity of historical or cultural periods.
(b) To determine priority for a historic site management grant, all applications for eligible historic preservation projects in a given grant round are to be ranked on the basis of the criteria under (a)1, 2, 4, 8 and 9 above, and the following competitive criteria:
1. The overall quality of the planning and site management work proposed for funding are based on the following:
i. The quality of the preliminary planning documents and the degree to which the documents comply with the Secretary of the Interior's Standards if applicable;
ii. The credentials and experience of the project team consultants; and
iii. A realistic and feasible budget and schedule for work proposed for funding;
2. The ability of applicant to carry out the proposed work within the established project period; and
3. The impact of the project, based on the following:
i. The potential for the plans and documents developed to be used as a tool to foster the protection, preservation, restoration or rehabilitation of the historic property by a local government unit or nonprofit organization;
ii. The potential of the project to promote other preservation activity or cultural or economic activities such as heritage tourism;
iii. The potential of the project to foster appropriate site management practices that will sustain the long-term and viable use of a historic property; and
iv. The relationship of the proposed project to other State, county, municipal, or organizational planning initiatives or programs which will aid community revitalization, protect and preserve the built or natural environment, or improve or promote heritage education including the policies set forth in the New Jersey State Development and Redevelopment Plan, such as Statewide Policy No. 9 (Historic, Cultural and Scenic Resources), and subsequent policies.

HISTORY:
Administrative correction.
See: 40 N.J.R. 4316(b).

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

16 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.3 (2011)

§ 5:100-3.3 Proposed action by New Jersey Historic Trust if a recommended project is deleted by the Garden State Preservation Trust

   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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

17 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.4 (2011)

§ 5:100-3.4 Commencement of project and payment: construction grants

   (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  N.J.A.C. 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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

18 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.5 (2011)

§ 5:100-3.5 Commencement of project and payment: historic site management grants

   (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.
(e) Twenty percent of each grant is to be retained by the Trust until the project has been completed and met financial and project requirements, including submission and approval of required reports.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

19 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.6 (2011)

§ 5:100-3.6 Grant amount: construction grants

   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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

20 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.7 (2011)

§ 5:100-3.7 Grant amount: historic site management grants

   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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

21 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.8 (2011)

§ 5:100-3.8 Reallocation of lapsed grant funds

   (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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

22 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 3. ALLOCATION OF HISTORIC PRESERVATION GRANT FUNDS

N.J.A.C. 5:100-3.9 (2011)

§ 5:100-3.9 Termination

   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.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

23 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 4. EASEMENT

N.J.A.C. 5:100-4.1 (2011)

§ 5:100-4.1 Easement on the historic property

   (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.
(b) The period of the easement is to be 10 years from the date of the completion of the project.
(c) To help defray costs of monitoring easements which are held on properties assisted through this program, an easement monitoring fee of $ 250.00 for each year of the term of the easement on a historic site will be added to the recommended grant award for each project which is subject to the easement provisions.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes

24 of 24 DOCUMENTS

NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2011 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 43, NO. 11, JUNE 6, 2011 ***

TITLE 5. COMMUNITY AFFAIRS  
CHAPTER 100. HISTORIC PRESERVATION GRANT PROGRAM  
SUBCHAPTER 5. PROJECT SIGNS AND ACKNOWLEDGEMENTS

N.J.A.C. 5:100-5.1 (2011)

§ 5:100-5.1 Project signs

   (a) Once funds for the project have been appropriated for a construction project funded by a historic preservation construction grant of $ 50,000 or more, a sign acknowledging that the project is funded with grant assistance from the New Jersey Historic Preservation Grant Program administered by the New Jersey Historic Trust "in but not of" the New Jersey Department of Community Affairs, State of New Jersey, must be located prominently and maintained on the project site.
(b) The project sign shall be fabricated and erected by the grant recipient in accord with specifications contained in the project agreement.
(c) The cost of making and erecting the project sign is eligible for funding under N.J.A.C. 5:100-2. The cost of replacing or maintaining the sign is not eligible for funding.
(d) The project sign shall remain prominently located and maintained in the project site until the project is administratively closed out by the staff of the New Jersey Historic Trust.
(e) Upon completion of the construction project receiving a grant of $ 50,000 or more and/or at any time prior, grantee shall affix a permanent sign or plaque to property noting that the property is listed in the New Jersey or National Register of Historic Places, giving the year listed and the name of the property as listed in the records of the Register and describing the historical significance of the property.
(f) As applicable for New Jersey Historic Trust funding of construction activities, the year preservation work was completed shall be acknowledged on the sign and/or plaque. The language used when crediting the New Jersey Historic Trust shall read as follows: "Funding has been made possible in part by the New Jersey Historic Trust/State of New Jersey."
(g) Credit shall be given to the Trust and State of New Jersey in all printed materials, releases and announcement of the grantee regarding all activities to which the Trust funds contributed; this applies to all promotional appearances on television and radio by representatives of the grantee organization as well as newspaper interviews. In the case of electronic media, verbal credit shall be given at least once during a broadcast to acknowledge the support the grantee has received from the Trust to its overall operation.
(h) The Trust logo shall be used by the grantee in publicizing those programs or documents supported by a Trust grant (including, but not limited to, newsletters, brochures, and flyers). The logo is to be used only when the credit line stated in (f) above is also used and never in its place (as this implies sponsorship). Ideally, the logo should be reproduced as a unit without alteration.
(i) All printed materials studies or reports funded by the Trust shall acknowledge in a prominent place the assistance of the New Jersey Historic Trust, State of New Jersey.

NOTES:

LexisNexis 50 State Surveys, Legislation & Regulations
Archaeological & Historical Sites

NOTES:
Chapter Notes