N.J. Admin. Code § 7:4-1.3
The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. However, if a term is also defined at N.J.A.C. 7:4-8.1, then that definition shall supersede the definition in this section for purposes of N.J.A.C. 7:4-8.
"Acquisition" means the act or process of acquiring fee title or interest other than fee title of real property (including the acquisition of development rights or remainder interest).
"Act" means the "New Jersey Register of Historic Places Act", P.L. 1970, c.268, N.J.S.A. 13:1B-15.128 et seq., or subsequent amendments thereto.
"Area" means a district as defined in this section.
"Area of undertaking's potential impact" means that geographical area within which direct and indirect effects generated by the undertaking as defined in this section, could reasonably be expected to occur.
"Building(s)" means a structure created to shelter any form of human activity. Examples include a single construction such as a house, barn, courthouse, city hall, social hall, commercial building, library, factory, mill, train depot, fort, residence, hotel, theater, school, store, or church, or a small group of buildings consisting of a main building and subsidiary buildings that are functionally and historically related such as a courthouse and jail, house and barn, mansion and carriage house, church and rectory, or farm house and related out buildings, created to shelter any form of human activity.
"Certified Local Government" means a local government certified by the Department and the National Park Service to participate in Federal and State historic preservation programs pursuant to the National Historic Preservation Act of 1966 as amended.
"Chief elected local official" means the mayor, county executive or other titled chief elected administrative official who is the elected head of the local political jurisdiction in which the property is located.
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Contributing property" means a building, site, structure, or object that adds to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because:
1. It was present during the period of significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period; or
2. It independently meets the New Jersey Register criteria set forth in N.J.A.C. 7:4-2.3.
"Cyclic maintenance" means that type of maintenance that is performed less frequently than annually and involves replacement or major mending of the fabric of a historic property, an example of which would be a complete re-roofing of a building.
"Damage" means partial physical harm or demolition of a historic property.
"Department" means the Department of Environmental Protection, Division of Parks and Forestry, Historic Preservation Office.
"District" means a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. A district may also comprise 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. The concept of a discontiguous district applies only where visual continuity is not necessary to convey the historic interrelationship of a group of related resources. Examples include, but are not limited to, college campuses; central business districts; residential areas; commercial areas; industrial complexes; civic centers; rural villages; canal systems; collections of habitation and limited activity sites; irrigation systems; large estates, farms, ranches, or plantations; transportation networks; and large landscaped parks.
"Emergency" means 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 or structural collapse, that it constitutes an immediate, direct, demonstrable, and severe hazard to the public safety. The poor condition of a property caused by long term deterioration shall not be considered an emergency.
"Encroachment" means the adverse effect upon any district, site, building, structure or object included in the New Jersey Register resulting from the undertaking of a project by the State, a county, municipality or an agency or instrumentality thereof, as determined by application of the Criteria for Determining Whether an Undertaking Constitutes an Encroachment set forth in N.J.A.C. 7:4-7.4 and the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 C.F.R. 68) and "Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" (guidelines issued by the National Park Service, incorporated herein by reference) and available from the Historic Preservation Office, PO Box 420, Trenton, New Jersey 08625-0420) or from the Historic Preservation Office website (www.state.nj.us/dep/hpo) or from the National Park Service website (www.nps.gov) or subsequent amendments thereto adopted by the Secretary of the United States Department of the Interior and the National Park Service.
"Historic Preservation Commission" means the commission created by an ordinance adopted by the local governing body pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-107 through 112.
"Historic Preservation Office" means that office of the Department of Environmental Protection, and any successors in right, with the responsibility for maintaining the New Jersey Register of Historic Places and administering the State Historic Preservation Program.
"Historic property" means any district, site, building, structure or object significant in American history, architecture, archaeology, engineering and culture.
"Historic Sites Council" means the body within the Department of Environmental Protection established by P.L. 1967, c. 124, N.J.S.A. 13:1B-15.108 et seq., and amended by P.L. 1984, c. 562, N.J.S.A. 13:1B-15.111 et seq., for the purpose of recommending policies to the Commissioner for the following actions: the acquisition, development, use, improvement, and extension of historic sites (including archaeological sites); the development of a broad historic sites preservation program on a Statewide and local basis; the identification, authentication, protection, preservation, conservation, restoration, and management of all historic sites within the State; and the provision of advice on encroachments by the undertakings of State, county, or municipal governments or any agency or instrumentality thereof, on properties listed in the New Jersey Register.
"Housekeeping" means light cleaning performed at short term intervals.
"Local government" means a city, borough, town, municipality, township, village, county or other general purpose political subdivision of the State.
"Location map" means a map depicting the location of the resource referenced in the application delineated in relation to named local streets, at a scale that depicts the resource in its entirety and enough surrounding area to locate the resource on other map sources.
"Maintenance" means treatment that includes housekeeping, routine, and cyclic work scheduled to mitigate wear and deterioration of a historic property.
"Major revisions" means alteration of the boundaries of a property or important substantive changes to the nomination which could be expected to change the ultimate determination as to whether or not the property is listed in the New Jersey or National Registers.
"National Park Service" means that agency of the United States Department of the Interior to which the Secretary of the Interior has delegated the authority and responsibility for administering the National Register of Historic Places program, under the National Historic Preservation Act of 1966, as amended, 54 U.S.C. §§ 300101 et seq.
"National Register" means the National Register of Historic Places, which consists of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering and culture, and which the Secretary of the United States Department of the Interior is authorized to expand and maintain pursuant to the National Historic Preservation Act of 1966, 54 U.S.C. §§ 300101 et seq.
"National Register Nomination Form" means the legal document and reference for historical, architectural and archaeological data upon which the registration of properties is founded. Said document is the National Park Service's Form NPS 10-900, with accompanying continuation sheets (where necessary) or Form NPS 10-306 with continuation sheets (where necessary) now in use by the National Park Service and as may be subsequently modified, changed or amended.
"New Jersey Register" means the New Jersey Register of Historic Places, consisting of areas, sites, buildings, structures and objects within the State determined to have significant historical, archaeological, architectural, or cultural value, which the Commissioner is authorized to expand and maintain pursuant to the Act.
"Nominate" means to propose that a district, site, building, structure or object be listed in the New Jersey and National Registers by preparing a nomination application with accompanying maps and photographs, which clearly documents the significance of the property and is technically and professionally correct and sufficient in accordance with the procedure set forth in N.J.A.C. 7:4-2.2.
"Noncontributing property" means a building, site, structure, or object that does not add to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because:
1. It was not present during the period of significance or does not relate to the documented significance of the property;
2. Due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or
3. It does not independently meet the New Jersey Register criteria set forth in N.J.A.C. 7:4-2.3.
"Object(s)" means a construction that is primarily artistic in nature or is relatively small in scale and simply constructed, as distinguished from a building or a structure. Although it may be movable, by nature or design, an object is associated with a specific setting or environment, such as statuary in a designed landscape. Objects should be located in a setting appropriate to their significant historic use, roles, or character. Examples include, but are not limited to, sculpture, monuments, mileposts, boundary markers, statuary, and fountains. (Objects relocated in a museum setting are generally considered inappropriate for listing in the New Jersey Register.)
"Preservation" means the act or process of applying measures to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
"Project" means a planned undertaking.
"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. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
"Routine maintenance" means minor repairs such as in-kind replacement of a broken window pane or in-kind patching of a few roof shingles.
"Site(s)" 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. Examples include, but are not limited to, habitation sites, funerary sites, rock shelters, village sites, hunting and fishing sites, ceremonial sites, petroglyphs, rock carvings, battlefields, ruins of historic buildings and structures, campsites, ruins of industrial works, sites of treaty signings, trails, shipwrecks, cemeteries, designed landscapes, and natural features, and such as springs, rock formations, and landscapes which have cultural significance.
"State Historic Preservation Officer" means the Commissioner of the Department of Environmental Protection, who is designated by the Governor to administer the State Historic Preservation Program, including the identification and nomination of eligible properties to the National Register. The Commissioner is also authorized by the Act to establish criteria for receiving and processing nominations and approval of areas, sites, buildings, structures and objects, both publicly and privately owned, for inclusion in the New Jersey Register.
"State Historic Preservation Plan" means the National Park Service required document that sets forth long-range goals of the State Historic Preservation Program and describes specific ways for the community to achieve those goals.
"State Historic Preservation Program" means the program established by the Department and approved by the Secretary of the United States Department of the Interior for the purposes of carrying out the provisions of the National Historic Preservation of 1966, as amended, and related laws and regulations.
"State Review Board" means the State Review Board for Historic Sites, a body whose members represent the professional fields of American history, architectural 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 they meet the criteria for evaluation in N.J.A.C. 7:4-2.3.
"Structure(s)" is a term used to distinguish from buildings those functional constructions made usually for purposes other than creating shelter. Examples include, but are not limited to, bridges, tunnels, gold dredges, firetowers, canals, turbines, dams, power plants, corncribs, silos, roadways, shot towers, windmills, grain elevators, kilns, mounds, cairns, palisade fortifications, earthworks, railroad grades, systems of roadways and paths, boats and ships, railroad locomotives and cars, telescopes, carousels, and aircraft.
"Undertaking" means an action by the State, a county, municipality, or an agency or instrumentality thereof, which has the potential to result in direct or indirect effects on any district, site, building, structure or object listed in the New Jersey Register. An action shall be considered to have an effect whenever any condition of the action causes or may cause any change, beneficial or adverse, in the quality of the historical, architectural, archaeological, or cultural characteristics that qualified a historic property to meet the criteria for evaluation (N.J.A.C. 7:4-2.3) for the New Jersey Register. For the purpose of determining effect, alteration of features of the property's location, setting or use may be considered relevant depending on a property's significant characteristics. An effect may be direct or indirect. Direct effects are caused by the undertaking and occur at the same place and time. Indirect effects include those caused by the undertaking that are farther removed in distance or later in time, but are still reasonably foreseeable. Such indirect effects may include changes in the pattern of land use, population density or growth rate that may affect the quality of the historical, architectural, archaeological, or cultural characteristics that qualified a historic property to be listed in the New Jersey Register. Consistent with the above language, the following are examples of what shall be considered undertakings: acquisitions, sales, leases, transfers of deed, easements, an agreement or other form of permission allowing use of a registered property, cyclic maintenance, and alterations or relocation of a registered property. The following are examples of actions that shall not be considered as undertakings:
1. Changes in local zoning ordinances;
2. Issuance of building or demolition permits to private individuals or corporations;
3. Granting of zoning variances to private individuals or corporations; and
4. Housekeeping and routine maintenance.
N.J. Admin. Code § 7:4-1.3
See: 29 N.J.R. 2503(a), 29 N.J.R. 4103(b).
Added "Historic Preservation Office"; deleted "New Jersey and National Register Manual", "Office of New Jersey Heritage", "Protection", and "Stabilization"; and amended "Department", "District", "Encroachment", "Historic Sites Council", "New Jersey Register", Noncontributing property", "Preservation", "Reconstruction", "Rehabilitation", "Restoration", "State Historic Preservation Officer", "State Historic Preservation Plan", "Structure(s)".
Amended by R.2003 d.110, effective 3/17/2003.
See: 34 N.J.R. 3161(a), 35 N.J.R. 1410(a).
Added a second sentence in the introductory paragraph; in "Encroachment", amended the N.J.A.C. reference and inserted a reference to the website address; rewrote "State Historic Preservation Plan".
Amended by R.2008 d.261, effective 9/2/2008.
See: 40 N.J.R. 1428(a), 40 N.J.R. 4945(b).
Added definition "Location map"; in paragraph 1 of definition "Noncontributing property", inserted "or does not relate to the documented significance of the property"; and in definition "State Review Board", inserted "the State Review Board for Historic Sites,".
Notice of readoption with technical change.
See: 47 N.J.R. 1947(a).