N.Y. Comp. Codes R. & Regs. tit. 9 § 435.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 435.2 - Definition of terms

Whenever used in this Subchapter, the following terms shall mean and include:

(a) Acquisition shall mean acquiring title or a lesser interest in real property including development rights, an easement or a remainder interest. For purposes of Part 436 of this Title, acquisition shall also include leasehold.

(b) Certified minority- or women-owned business enterprise shall mean a business which has been verified as a minority- or women-owned business enterprise by the director of the Governor's Office of Minority and Women's Business Development pursuant to the provisions of section 314 of the Executive Law.

(c) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(d) Federal assistance shall mean funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program purposes pursuant to any Federal law or program.

(e) Governing body shall mean:

(1) in the case of a town, a town board;

(2) in the case of a county outside of the City of New York, the county board of supervisors or other elective governing body;

(3) in the case of a city or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(4) in the case of a public benefit corporation, the board of directors, members or trustees thereof;

(5) in the case of a school district, the board of education thereof; and

(6) in the case of a supervisory district, the board of cooperative educational services thereof.

(f)

(1) Historic preservation project shall mean:

(i) State historical preservation project. A project undertaken by the Office of Parks, Recreation and Historic Preservation on historic property under the jurisdiction of the office.

(ii) Municipal historic preservation project. A project undertaken by a municipality to improve, restore or rehabilitate municipal historic property.

(iii) Not-for-profit historic preservation project. A project undertaken by a not-for-profit corporation for the acquisition or improvement, restoration or rehabilitation of historic property in which the not-for-profit corporation has an interest.

(2) As used in Part 436 of this Title in relation to historic preservation projects the following terms shall mean:

(i) Curation shall mean the care of artifacts and records associated with historic properties assisted with funds made available pursuant to this Subchapter.

(ii) Historic property shall mean a district, site, building, structure or object listed in the National or State Register of Historic Places.

(iii) Historic structure report shall mean the report which may be necessary for the development of a historic resource when the rehabilitation, restoration or reconstruction work involves fabricating significant missing architectural or landscape features, recapturing the appearance of a property at one particular period of its history or removing significant later additions. The report shall include, at a minimum, historical and documentary research, physical investigation, including archeology, and recommendations for action.

(iv) Improvement shall mean the act of upgrading the basic physical condition of a property in a manner consistent with the Secretary of the Interior's Standards. This includes upgrading mechanical systems, providing appropriate barrier-free access and bringing a property into conformance with building codes.

(v) National Register of Historic Places shall mean the national list of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering or culture maintained by the Secretary of the Interior under authority of the National Historic Preservation Act, as amended (16 U.S.C. §§ 470 et seq.).

(vi) Preservation shall mean the act or process of applying measures to sustain the existing form, integrity and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic materials, the existing vegetative cover of a site or associated archeological deposits.

(vii) Professional shall mean an individual practicing in the areas of architecture, engineering, landscape, architecture, archeology or historic preservation. In the following definitions a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of one year of full-time experience. The following qualifications define the minimum education and experience required. In some cases, additional areas or levels of expertise may be determined by the commissioner to be necessary, depending on the complexity of the project and the nature of the property involved.

(a) Archeology--a graduate degree in archeology, anthropology or a closely related field plus:

(1) at least one full year of full-time professional experience or equivalent specialized training in archeological research, administration or management;

(2) at least four months of supervised field and analytic experience in general North American archeology;

(3) demonstrated ability to carry research to completion; and

(4) in addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

(b) Architecture, engineering or landscape architecture--a professional degree in architecture, engineering or landscape architecture plus at least three years of full-time professional experience; or a State license to practice.

(c) Historic architecture, historic engineering or historic landscape architecture--a professional degree in architecture, engineering or landscape architecture, or a State license to practice, plus one of the following:

(1) a graduate degree in historic preservation, architectural history, preservation planning or a closely related field and at least two years of full-time professional experience on historic preservation projects; or

(2) at least three years of full-time professional experience on historic preservation projects.

(d) Historic preservation:

(1) a graduate degree in preservation, architectural history, art history, historic preservation planning or a closely related field, plus two years of full-time professional experience on historic preservation projects; or

(2) a bachelor's degree in historic preservation, architectural history, art history, preservation planning or a closely related field, plus four years of full-time professional experience on historic preservation projects; or

(3) completion of a recognized training program in historic preservation, or a bachelor's degree in an unrelated field, plus five years of full-time professional experience on historic preservation projects; or

(4) ten years of full-time work experience on historic preservation projects.

(viii) Protection shall mean the act or process of applying measures designed to affect the physical condition of a historic property by defending or guarding it from deterioration, loss or attack or to cover or shield the property from danger or injury. In the case of buildings, structures and objects, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archeological sites, the protective measure may be temporary or permanent.

(ix) Reconstruction shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, object or site or a part thereof, as it appeared at a specific period of time.

(x) Rehabilitation shall mean the act of returning a historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic, architectural, engineering, archeological and cultural values.

(xi) Restoration shall mean the act of accurately recovering the form and details of a historic property and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work.

(xii) State Register of Historic Places shall mean the New York State lists of districts, sites, buildings, structures and objects significant in New York State history, architecture, archeology, engineering or culture maintained by the Commissioner of Parks, Recreation and Historic Preservation under authority of PRHPL, section 14.07.

(g) Local urban cultural park resource project shall mean a project which is within the boundaries of a designated urban cultural park and identified in a urban cultural park management plan as defined in this Part, and is not an interpretive/visitor center project.

(h) Minority shall mean a member of any of the following groups:

(1) Black persons having origins in any of the black African racial groups not of Hispanic origin;

(2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American origin, regardless of race;

(3) Asian and Pacific Islander persons having origins in the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; and

(4) America Indian or Alaskan natives having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

(i) Minority-owned business enterprise shall mean any business enterprise which is at least 51 percent owned by, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by, citizens or permanent resident aliens who are minorities and such ownership interest is real, substantial and continuing. The minority-owned ownership must have and exercise the authority to independently control the day-to-day business decisions of the entity and must have had and exercised such authority for at least one year.

(j) Municipal park project shall mean a project undertaken by a municipality for the acquisition, development or improvement of outdoor or indoor recreation facilities, including but not limited to site acquisition, improvement, construction, reconstruction and improvement of structures, roads and parking facilities.

(k) Municipality shall mean, a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York State, or any combination thereof.

(l) Not-for-profit corporation shall mean a corporation subject to the Not-For-Profit Corporation Law and qualified for tax-exempt status under the Federal Internal Revenue Code.

(m) Office shall mean the Office of Parks, Recreation and Historic Preservation.

(n) Secretary of the Interior's Standards shall mean the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation as set out in 48 Federal Register 44716 et seq. (September 29, 1983). This reference is available for inspection and copying at the Counsel's Office, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233 or at the Albany office of the New York State Department of State.

(o) State share shall mean only those funds made available pursuant to title 9 of article 52 of the Environmental Conservation Law and these regulations.

(p) Urban cultural park (UCP) shall mean an urban cultural park established pursuant to the provisions of PRHPL, article 31, title G, and enumerated at a State-designated urban cultural park in section 35.03 of such law as amended.

(q) Urban cultural park management plan shall mean a document prepared and approved by the Commissioner of Parks, Recreation and Historic Preservation in conformance with the provisions of PRHPL, section 35.05, which includes but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, setting forth objectives, policies and standards to guide public and private uses for the preservation, interpretation, development and use of cultural, archeological, historic, natural and architectural resources of an urban cultural park.

(r) Women-owned business enterprise shall mean any business enterprise which is at least 51 percent owned by, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by, citizens or permanent resident aliens who are women, and such ownership interest is real, substantial and continuing. The women-owned ownership must have and exercise the authority to independently control the day-to-day business decisions of the entity and must have had and exercised such authority for at least one year.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 435.2

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023