N.J. Admin. Code § 7:50-6.156

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:50-6.156 - Treatment of resources

(a) A Certificate of Appropriateness is required and issued as follows:

1. No construction, or encroachment upon nor alteration, remodeling, removal, disturbance, or demolition of any resource, structure or area designated pursuant to 7:50-6.154 nor any action which shall render such a site inaccessible, shall be permitted without first obtaining a certificate of appropriateness. A certificate of appropriateness shall not be required for routine repair or maintenance, nor interior renovations unless the interior has been expressly found to possess significance according to the designation criteria of 7:50-6.154.

2. No application for development which involves a resource, structure or area found significant pursuant to 7:50-6.155 shall be approved without first obtaining a certificate of appropriateness unless the cultural resource survey accomplishes the recording in accordance with (c) below, in which case no certificate of appropriateness shall be required. A certificate of appropriateness shall not be required for routine repair or maintenance, nor interior renovations unless the interior has been expressly found to possess significance according to the designation criteria of 7:50-6.154.

3. The issuance of certificates of appropriateness by a certified municipality shall be subject to the Pinelands Commission notice and review procedures of N.J.A.C. 7:50-4 unless the proposed developments are exempted pursuant to 7:50-4.1(a). The exemptions of 7:50-4.1(a) shall not apply to activities set forth in (a)1 above which affect a resource listed in the State or National Registers of Historic Places or which is specifically designated by the Pinelands Commission pursuant to 7:50-6.154. In uncertified municipalities, certificates of appropriateness shall be issued by the Pinelands Commission except as provided above. The Commission's review of a certificate of appropriateness for locally designated sites or areas shall accept the determination for treatment of the local permitting agency, unless the Commission finds the resource meets the standards of 7:50-6.154(b), in which case the certificate of appropriateness must meet the standards of 7:50-6.156(c).

4. Notwithstanding (a)1, 2 and 3 above, development proposed by a county, State or Federal agency shall require that a certificate of appropriateness be issued by the Pinelands Commission only if the site is listed in the State or National Registers of Historic Places, has been specifically designated by the Commission, or determined by the Commission to be significant pursuant to 7:50-6.155.

(b) The application requirements for a Certificate of Appropriateness are as follows:

1. An application for a certificate of appropriateness shall contain the following information:

i. Detailed plans depicting the exact work to be performed, including detailed renderings of the exterior of any proposed new structure or any exterior alterations to existing structures. A delineation of the relationship of the renderings of the proposal in relation to adjacent structures or surrounding lands may be requested.

ii. A statement of the relationship of the proposed work to the standards for designation in 7:50-6.154(b) and the standards for approval of certificates of appropriateness set forth in (c) below.

iii. Such other information as may be required from time to time by the Executive Director or the appropriate municipal reviewing agency or official.

(c) The standards for Certificates of Appropriateness are as follows:

1. Certificates of appropriateness shall be issued which require one of the following treatments:

i. Preservation of the resource in place if possible;

ii. Preservation of the resource at another location if in place preservation is not possible; or

iii. Recordation of the resource if neither preservation of the resource in place or at another location is possible.

2. In determining the type of treatment required pursuant to (c)1 above, the "Cultural Resource Management Plan," dated April 1991, as amended, may be utilized as a guide. In general, the criteria shall include, but not be limited to, consideration of the following:

i. Preservation in place;

(1) Whether the resource represents the last or best remaining example of its kind in the Pinelands that possesses research potential or public educational values;

(2) Whether the resource can be preserved by protecting its location from disturbance;

(3) Whether affirmative measures, such as stabilization, rehabilitation, or reuse can result in preservation;

(4) Whether redesign of the development proposal to avoid impacts can result in preservation;

(5) Whether the steps necessary to preserve the resource are both technically and economically feasible and practical; and

(6) Whether protective measures will result in long term preservation of the resource.

ii. Preservation at another location;

(1) Whether the resource can be moved and still retain its historic significance;

(2) Whether the resource is sufficiently well preserved to permit relocation;

(3) Whether alternative locations which are compatible with the resource are available;

(4) Whether it is both technically and economically feasible and practical to relocate the resource; and

(5) Whether the relocation will result in long term preservation of the resource.

iii. Recordation;

(1) Whether the resource possesses significance other than its association with an important person;

(2) Whether recording the qualities that make the resource significant can increase information beyond that already known; and

(3) Whether the recorded information will help to address important research questions concerning this type of resource.

3. The following requirements shall apply to the treatments specified in (c)1 above:

i. Preservation in Place:

(1) Buildings, architectural features, and engineering features:

(A) Deed covenants, easements, or other appropriate mechanisms must be developed to provide that: any rehabilitation, including additions, of the building or feature must be performed in accordance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register/Vol. 48, No. 190/Thursday, September 29, 1983, as amended), incorporated herein by reference; and the structure or feature must be protected sufficiently to preserve those qualities that make it significant.

(B) Before beginning rehabilitation, the original condition of the building or other architectural or engineering feature must be documented photographically in accordance with the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation.

(2) Archaeological sites:

(A) A deed covenant, easement, or other appropriate mechanism must be developed to provide for protection, through restricted access if necessary, to preserve those qualities that make the resource important. Any on-site activities must have no detrimental effect on the preservation of the resource. The covenant or other appropriate mechanism must further direct that any stabilization of the resource will be carried out in conformance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation.

(B) The archaeological resource shall be incorporated into open space whenever project designs or land use activities permit.

(C) Land allocated for resource preservation may need to be set aside for that single use if the preservation of the resource is not compatible with other activities.

ii. Preservation at Another Location:

(1) Deed covenants, easements, or other appropriate mechanisms must be developed to provide that: any new construction or rehabilitation, including additions, of a building or feature must be performed in accordance with the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register/Vol. 48, No. 190/Thursday, September 29, 1983, as amended); and the structure or feature must be protected and maintained sufficiently to preserve those qualities that make it significant.

(2) The relocation of the resource must be designed to minimize the damage to the resource and to preserve those qualities that make it significant. The relocation shall be undertaken in accordance with the Secretary of the Interior's publication "Moving Historic Buildings".

(3) The resource shall be recorded to the requirements of the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation prior to removal from its original location. Minimally this will include the preparation of a site plan, appropriate photographs and/or drawings, and a narrative description of any historical functions or processes carried out at the site.

iii. Recordation: The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register/Vol. 48, No. 190/Thursday, September 29, 1983, as amended) shall be utilized when recording resources. In addition, the "Pinelands Cultural Resource Management Plan," dated April 1991, as amended, may be utilized as a further guide for recording resources.

(d) Effect of Issuance of Certificate of Appropriateness:

1. The issuance of a certificate of appropriateness authorizes the applicant to apply for any additional approvals which may be required by the municipality or any other jurisdiction prior to the commencement of work. All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in (d)2 below.

2. Notwithstanding (d)1 above, a certificate of appropriateness issued for a resource determined to be significant pursuant to 7:50-6.155 but not presently designated pursuant to 7:50-6.154 shall be valid for two years. If the resource is not designated by the Pinelands Commission or by the municipal governing body in the zoning ordinance within two years, the standards of this Part shall not apply to the cultural resource in question until such time as the Pinelands Commission designates the resource pursuant to 7:50-6.154.

N.J. Admin. Code § 7:50-6.156

Amended by R.1990 d.170, effective 3/19/1990.
See: 21 New Jersey Register 3381(a), 22 New Jersey Register 948(a).
In (d)2, "cultural resource in question" was "property ...".
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 New Jersey Register 1557(a), 27 New Jersey Register 1927(a), 27 New Jersey Register 3158(a).
Amended (d)2.