N.J. Admin. Code § 5:102-2.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:102-2.3 - Historic preservation activities eligible for funding

(a) The following activities are eligible for funding by the Historic Preservation loan program:

1. Preservation;

2. Rehabilitation;

3. Restoration;

4. Improvement;

5. Acquisition;

6. The following non-construction activities related directly to the development, implementation, operation, and monitoring of a historic preservation project:

i. Architectural plans, designs, specifications, cost estimates and other contract documents;

ii. Feasibility studies;

iii. Historic structure reports;

iv. Preservation plans;

v. Historic landscape reports;

vi. Archaeological reports;

vii. Architectural reports;

viii. Engineering reports;

ix. Historic research reports;

x. Project completion reports;

xi. Preparation of a successful loan application;

xii. Construction permits;

xiii. Architectural fees for construction administration services;

xiv. Consultant fees for preparation of reports required by the Trust; and

xv. Market feasibility studies;

7. Project signs, required under N.J.A.C. 5:102-5.1;

8. Interpretive signs or plaques approved by the Trust for funding as part of a historic preservation loan; and

9. The following expenses to acquire title or permanent interest in a property, or to refinance the acquisition of an eligible property:

i. Survey costs;

ii. Appraisal fees;

iii. Title searches;

iv. Title insurance;

v. Recording fees;

vi. Inspection fees;

vii. Legal fees associated with acquisition; and

10. Costs to market the property for resale.

(b) Costs incurred in the following activities are not eligible for funding by the historic preservation loan program because they are not eligible historic preservation activities:

1. Construction of new buildings, structures, or major new additions to existing buildings or structures, except if such construction is a visitor amenity in support of heritage tourism and in compliance with the Secretary of the Interior's Standards;

2. Reconstruction of buildings or structures which formerly existed, except if such building or structure is a minor or necessary component of a historic preservation project and in compliance with the Secretary of the Interior's Standards;

3. Personnel or administrative overhead or any other indirect cost;

4. Ceremonial expenses;

5. Expenses for publicity (with the exception of the required project sign);

6. Bonus payments of any kind;

7. Charges for contingency reserves;

8. Charges in excess of the lowest bid when the loan recipient is required to use competitive bidding, unless the Trust agrees in advance to the higher cost;

9. Charges for deficits or overdrafts;

10. Damage judgments arising from construction, or equipping of a facility, whether determined by judicial process, arbitration, negotiation, or otherwise;

11. Services, materials, or equipment obtained under any other State program;

12. Costs of discounts not taken;

13. Contract cost overruns, not approved, that exceed all allowable amounts as per the contract specifications;

14. Fundraising;

15. Lobbying;

16. Work including construction, research and preparation of plans and reports not included in the scope of work set forth in the project agreement;

17. The following costs of acquisitions are not eligible:

i. Broker's or realtor's fees;

ii. Legal fees not directly related to acquisition;

iii. Loan discounts or origination fees are generally not eligible for reimbursement unless financial hardship can be demonstrated; and

iv. Other loan application fees;

18. Real property taxes, except in loans for acquisition where the purchase of tax liens is necessary to acquire the property;

19. Increases in land costs in excess of the approved fair market value;

20. Work which does not comply with the Secretary of the Interior's Standards;

21. Work performed on behalf of a county or municipal government which has not been awarded in compliance with the State Contracts 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. when applicable;

22. Work performed on behalf of a nonprofit organization which has not been awarded in compliance with the State Contracts Law or the Local Public Contracts Law if the cost of the contract for work performed as part of the historic preservation project funded with a historic preservation loan exceeds $ 50,000;

23. Routine periodic maintenance work except if it is a minor and necessary component of a historic preservation project; and

24. Relocation of structures, buildings or objects unless the following conditions are met:

i. Relocation of the structure, building or object is necessary for its preservation; or

ii. The relocation re-establishes the historic orientation, the immediate setting, and general environment of the property; and

iii. The Deputy State Historic Preservation Officer determines that the property, as relocated, will continue to meet the criteria for listing in the National Register of Historic Places.

N.J. Admin. Code § 5:102-2.3

Amended by 56 N.J.R. 1707(a), effective 8/19/2024