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O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 19, 1993
Agenda Abstract
Item # Il.ILI- G
SUBJECT: APPLICATION FOR CERTIFIED LOCAL GOVERNMENT STATUS
DEPARTMENT: Planning PUBLIC HEARING: Yes_X No
ATTACHMENTS: INFORMATION CONTACT:
SHPO Fact Sheet Planning Director X2592
Application Instructions
Guidelines for North Carolina's PHONE NUMBERS:
Certified Local Government Hillsborough 732-8181
Program [Separate Enclosure] Mebane 227-2031
Application Durham 688-7331
[Separate Enclosure] Chapel Hill 967-9251
PURPOSE: To consider an application for designation as a
Certified Local Government (CLG) .
BACKGROUND: The National Historic Preservation Act established a
nationwide program of financial and technical
assistance to preserve historic properties. A local
government can participate directly in this program
when the State Historic Preservation Officer
certifies that the local government has established
its own historic preservation commission and a
program meeting Federal and State standards.
To qualify for CLG certification, a local government
must:
- Maintain a historic preservation commission;
- Survey local historic properties;
- Enforce State or local preservation laws;
- Provide for public participation; and
- Perform other functions delegated or required by
the State, such as the enactment of historic
preservation ordinances or zoning restrictions.
Upon receiving certification as a CLG, a local
government qualifies for the following benefits:
- Special grants from the State Historic
Preservation Office (SHPO) ;
- Local historic historic preservation expertise
recognized by State and Federal agencies;
- Technical assistance and training from the SHPO;
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- Participation in nominations to the National
Register of Historic Places;
- National historic preservation assistance network
including publications and professional
assistance;
- Information exchange with SHPO; and
- Participation in statewide preservation programs
and planning.
As an example of the special grants available
through the SHPO, an estimated $130, 000 is available
for Survey and Planning Grants to communities or
nonprofit organizations. Of the total amount,
$70, 000 is reserved for grants in communities that
participate in the Certified Local Government (CLG)
program. The remaining communities, including Orange
County, may apply for grants from the remaining
$60, 000. Grant funds are awarded on a matching basis
with awards generally in the $5, 000-$15, 000 range.
Guidelines for North Carolina's CLG Program are
provided as an attachment. From discussions with
SHPO staff, it appears that Orange County can meet
the requirements for certification, and an
application has been prepared for the Commission's
consideration.
Discussions with SHPO representatives have also
indicated that two counties are expected to submit
applications for new funding as part of the 1993
Survey and Planning Grant application cycle. Also
anticipated is an additional application to complete
a county inventory currently underway. Because of
the cost associated with these projects, and the
limited amount of funding that will be available for
non-CLG jurisdictions, SHPO has suggested that
Orange County consider applying simultaneously for
CLG status and CLG Survey and Planning Grant funds.
(A separate agenda abstract is provided concerning a
request to fund Phase III of Orange County's
program. )
At a special meeting on January 13 , 1993 , the
Historic Preservation Commission voted unanimously
to recommend that the application for Certified
Local Government status be submitted to the State
Historic Preservation Office.
RECOMENDATION: The Administration recommends that the Chair be
authorized to sign the assurances form and that the
County Manager be authorized to submit the
application for Certified Local Government status to
the State Historic Preservation Office.
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NORTH CAROLINA DIVISION OF ARCHIVES AND HISTORY
ST TE HISTORIC PRESERVATION OFFICE
ME CERTIFIED LOCAL GOVERNMENT PROGRAM IN NORTH CAROLINA
In 1980, Congress amended the National Historic Preservation Act to require each state to
establish a procedure by which local governments may be certified to participate in the national
framework of historic preservation programs. This requirement has become the "Certified
Local Government (CLG) Program" in which many North Carolina counties and cities
participate.
Since Congress established a preservation program for the United States in 1966, the national
historic preservation program has operated as a decentralized partnership between the federal
government and the states. The federal government established a program of identification,
evaluation, and protection of historic properties and gave the states primary responsibility for
carrying out this program. The success of that working relationship prompted Congress to
expand the partnership to provide for participation by local governments.
Basic Responsibilities: In North Carolina, governments which qualify for certification must
have an active and legally adequate historic preservation commission, and must meet the
federal requirements for certification. The Historic Preservation Act amendments of 1980
state that a local government must:
1. Enforce appropriate state or local legislation for the designation and protection of
historic properties.
2. Establish an adequate and qualified historic preservation review commission.
3. Maintain a system for the survey and inventory of historic properties compatible
with the statewide survey.
4. Provide for adequate public participation in the local historic preservation program,
including the process of recommending properties to the National Register
of Historic Places.
5. Satisfactorily perform responsibilities delegated to it under the 1980 Act.
Benefits: Local governments and local commissions benefit from being CLGs in the
following ways:
1. The North Carolina State Historic Preservation Office must set aside at least 10
percent of the money it receives from the federal Historic Preservation Fund for CLGs. Each
CLG in the state is eligible to compete for a portion of that money to be used as a matching
grant for eligible survey, planning, pre-development, or development activities. This has
become a significant advantage for CLGs in recent years as general grant funding from both .
federal and state sources has declined. In addition, only CLGs are generally able to direct
federal Historic Preservation Fund grant money toward projects relating to physical restoration
and stabilization.
2. CLGs review all new nominations to the National Register of Historic Places for
properties and districts within their boundaries. Consequently, CLGs share their local
expertise with state and federal preservationists and gain a say in state and federal recognition
of historic resources in their areas.
3. CLGs are encouraged to expand the expertise of their commission members and
must provide for their continuing education. The community benefits from the increased
expertise and knowledge of preservationists at the local level, and CLG commission members
benefit from increased opportunities and from the recognition of their communities.
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Becoming a CLG: In North Carolina, many municipalities and counties have preservation
programs. Most communities with historic preservation, historic district, or historic
landmarks ordinances containing the provisions of the state enabling legislation (General
Statutes 160A-400.1 through 160A-400.14) are eligible for certification.
A local government that wishes to seek CLG status should plan to submit the following to the
CLG Coordinator of the State Historic Preservation Office:
1. Evidence that a comprehensive inventory of the area's cultural resources has been
or will be conducted.
2. Information regarding the area's locally designated historic districts and/or historic
landmarks.
3. The ordinance creating the local commission.
4. The commission's rules of procedure.
5. The design guidelines used by the commission.
6. Resumes of the members of the commission.
7. A description of the commission's past and current activities.
Grants: A government may be certified at any time; however, it must satisfactorily function
as a CLG for a year before it is eligible for the grant funds earmarked for CLGs. If a
commission is interested in participating in the grant program, it should be aware of the timing
of the grant application and award cycle. Grant applications are due around the first of the
year and awards are made in the late spring or early summer. Grants are for projects that can
be completed within one year. Grants have a 50/50 matching requirement and are awarded on
a competitive basis. Funds may be used for activities such as (1) architectural or
archaeological survey, (2) National Register nominations, (3) preservation planning, (4) design
guidelines, (5) architectural plans or feasibility studies, and (6) in a limited number of cases,
physical restoration and stabilization.
FOR MORE INFORMATION:
The Certified Local Government program: CLG Coordinator, Administration Branch, 919/733-4763.
Historic structures and local designation: Preservation Planner, Survey and Planning Branch, 919/733-6545.
Grants to local governments and organizations: Grants Coordinator, Administrative Branch, 919/733-4763.
These are branches of the State Historic Preservation Office, N.C. Division of Archives and History, 109 East
Jones Street, Raleigh, NC 27601-2807. 2/92
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NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES V 11 5
DIVISION OF ARCHIVES AND HISTORY
STATE HISTORIC PRESERVATION OFFICE
CERTIFICATION APPLICATION FOR LOCAL GOVERNMENTS
Instructions
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This application is to be submitted to the North Carolina Division of Archives and
History by local governments seeking certification pursuant to the National Historic
Preservation Act Amendments of 1980 (P.L. 96-515) , and "Guidelines for North
Carolina's Certified Local Government Program." A copy of the Guidelines is included
with this application packet. Please read these instructions carefully, and assemble
all of the required materials before submitting your application. Incomplete
applications cannot be reviewed. If you have any questions concerning the
application or the application process, call Lloyd Childers, CLG Coordinator, at
(919) 733-4763.
Each completed application must include the following elements:
1. Applicant information sheet (enclosed).
2. Assurance form signed by chief local elected official of each local
government seeking certification (enclosed) .
Note: If a commission or other agency is submitting an application for more
than one governmental unit within its jurisdiction, the application must
contain assurance forms signed by the chief elected official of each
governmental unit represented.
3. A copy of the local historic district and/or historic properties ordinance.
4. A copy of the rules of procedure adopted by the historic properties or
district commission.
5. A copy of the design guidelines adopted by the historic district or
properties commission.
6. A list and accompanying maps of the areas designated as historic districts
or individual historic properties.
NOTE: If the local government has not designated any districts or
properties, please indicate this on the applicant information sheet. This
does not disqualify a local government for certification; on a separate
sheet, the applicant should discuss other public measures that have been
taken to identify, protect, and promote the preservation of historic
districts and properties.
7. Completed resume forms for each member of the historic district and/or
properties commission (9 commission member forms enclosed).
8. Evidence that the commission has sought appropriate expertise to serve on
the commission.
9. Resumes for commission staff, only if the local government is petitioning to
assume greater responsibility for such functions as preparation of National
Register nominations, environmental review pursuant to Section 106 of the
National Historic Preservation Act, or review of Tax Act certification
applications. If the local government seeks such responsibility, staff
qualifications must be consistent with the standards contained in appendix A
of the Guidelines.
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Application Procedure
1. A local government may apply for certification at any time during the
year. However, certification must occur before a grant is awarded.
2. Within 45 days from the time it receives a completed application, the
State Historic Preservation Officer (SHPO) , within the Division of
Archives and History, shall respond to the chief elected official of the
local government.
3. If the SHPO approves the application, the SHPO and the local government
will enter into an agreement which specifies the duties that will be
delegated to the local government and contains other appropriate
provisions.
4. At the same time it responds to the completed application, the SHPO will
notify the Secretary of the Interior of its intent to certify the local
government. If no comment from the Secretary is received within 15 days,
the certification of the local government, and the preliminary agreement,
will be considered final. If the Secretary states any objections to the
certification, the SHPO will work with the local, government to address the
Secretary's concerns
5. If the local government's request for certification is disapproved by the
SHPO, the local government may appeal the decision to the Chief of the
National Register Programs Division, Southeast Regional Office, National
Park Service.
Send two copies of completed application materials to:
Ms. Lloyd D. Childers, CLG Coordinator
State Historic Preservation Office
North Carolina Division of. Archives and History
109 East Jones Street
Raleigh, NC 27601-2807
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CONTENTS
I. Introduction/Acronyms 2
II. Definitions/Explanations 4
III. Requirements for Certification 6
A. Eligibility 6
B. Local Legislation 6
C. Local Review Commissions 7
D. Staff 10
E. Survey of Historic Properties 11
F. Public Participation 12
IV. Process for Certification 12
A. Application 12
B. Notification of Certification 13
V. Performance Assessment and Decertification 14
A. Performance Assessment 14
1. Annual Monitoring (Year-End Reports) 14
2. Triennial Review (3-year Evaluations) 14
3. Results of Reviews 14
B. Decertification 15
1. Conditions Warranting Decertification 15
2 . Termination of Grant Assistance 16
3 . Requests for Recertification 16
4 . Voluntary Decertification 16
VI. Participation of Certified Local Governments
in the National Register Nominations Process 16
VII. Historic Preservation Fund Grants to Certified
Local Governments 19
A. Eligibility 19
B. Availability of Funding 20
C. Conditions of Grant Awards 20
D. Application Timetable 21
E. Funding Priorities 21
F. The Grant Application 22
G. Evaluation of Application 23
Appendix - Professional Qualification Standards (for
communities assuming expanded responsibilities) 25
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I. INTRODUCTION/ACRONYMS
INTRODUCTION
Since 1966, when Congress established an historic preservation
program for the United States, the national preservation
program has operated as a decentralized partnership between
the federal government and the states. The federal government
established a program of identification, evaluation and
protection of historic properties and gave the states primary
responsibility for carrying out this program. The success of
that working relationship prompted Congress to expand the
partnership to provide for participation by local governments.
The National. Historic Preservation Amendments Act of 1980
(Public Law 96-151) and the corresponding regulations (36 CFR
61.5 and 61.7) contain the legal basis for the federal-state-
local preservation partnership. The role of the "certified
local governments" (CLGs) in the partnership involves, at a
minimum, 1) responsibility for review and approval of
nominations of properties to the National Register of Historic
Places (NRHP) , and 2) eligibility to apply to the State
Historic Preservation Officer (SHPO) for matching funds
earmarked for CLGs.
To become certified, a local government must meet several
requirements which include the enactment of preservation
legislation and the appointment of a qualified historic
preservation commission. The Federal Act directs the SHPO and
the Secretary of the U.S. Department of the Interior (DOI) to
certify local governments to participate in the partnership.
The purpose of this document is to outline how this
partnership works in North Carolina.
The 1980 Act requires each state to establish its own process
and guidelines for certifying local governments in
consultation with local governments, local historic
preservation commissions, and interested citizens. The North
Carolina Division of Archives and History (DAH) began the
process in 1984 by convening a committee of local government
representatives from six communities of varied sizes in the
mountain, piedmont, and coastal plain regions to draft these
guidelines. The second step in the process of adopting North `"
Carolina's program was to seek the comments of all interested
government officials and citizens. In addition to circulating
these guidelines for comment to over 200 local governments,
the DAH in 1984 held public meetings on CLGs in Winston-Salem
and Greenville so that interested parties would have the
opportunity to present their comments intiperson.
A 3
In North Carolina, many municipalities and counties have
developed local preservation programs. The DAH believes that
most communities having historic preservation, historic
district, or historic landmarks ordinances containing the
provisions of the state enabling legislation (G.S. 160A-400. 1
through 160A-400. 14. ) should be eligible for certification
(see page 6, "Local Legislation") .
ACRONYMS USED IN THIS DOCUMENT
CFR Code of Federal Regulations
CLG Certified Local Government
DAH North Carolina Division of Archives and History
DOI U S Department of the Interior
G.S General Statute
HPF Historic Preservation Fund
HPO State Historic Preservation Office; also known
as the Archaeology and Historic Preservation
Section of the North Carolina Division of
Archives and History
NRHP National Register of Historic Places
NRN National Register Nomination
SHPO State Historic Preservation Officer
SPRC State Professional Review Committee
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�!. DEFINITIONS/EXPLANATIONS
The following definitions apply throughout these guidelines:
1. "Certified local government" (CLG) means any local
government certified as meeting the requirements set
forth in these guidelines.
2 . "Locally designated historic landmark", "landmark, " or
"locally designated historic property" refers to an
individual building, structure, site, area or object
which is studied by a commission and judged to have
historical, architectural, archaeological or cultural
value. The local government designates a landmark
through passage of an ordinance, and the commission then
has the power to review and control significant changes
to the property. Owners of landmarks are entitled to
apply for an annual 50% property tax deferral as long as
the property's important historical features are
maintained.
"Locally designated historic district" refers to a type
of zoning that applies to entire neighborhoods or other
areas that include many properties judged to have
historical, architectural, archaeological or cultural
value. The zoning provides controls on the appearance of
existing and proposed buildings. Unlike landmark
designations, local historic district designation has no
effect on local property tax liability for property
owners within the designated district.
3 . "Local governing board" means the legislative body of a
city, county, village, municipality, or any other general
purpose political subdivision of the state, such as city
council, board of county commissioners, or board of town
commissioners,
4. "Local government" means a city, county, village,
municipality, or any other general purpose political
subdivision of the state.
5. "Local legislation" means a local act of the General
Assembly, or an ordinance enacted by a local government
pursuant to such a local act or general state enabling
legislation.
6. "Commission" or "local commission" or "certified local
government commission" means the body established by the
CLG to carry out its duties as delegated through
agreement with the SHPO. This commission must be one of
the following:
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* an historic preservation commission: responsible
for 'both locally designated historic districts and
landmarks.
* an historic district commission: responsible for
locally designated historic districts.
* an historic landmarks commission (also called a
local historic properties commission) : responsible
for locally designated historic landmarks (also
called historic properties) .
* an historic resources commission: may be
responsible for either locally designated historic
landmarks or districts, or for both types of
designations.
"Preservation commission" is used throughout the
guidelines and is meant to include the types of
commissions listed above.
7. "National Register of Historic Places" (NRHP) means the
official national list of properties (districts,
• buildings, structures, sites, and objects) that possess
special significance in terms of history, architecture,
culture, or archaeology. The NRHP is maintained by the
National Park Service. Properties are nominated to the
NRHP by the SHPO in each state.
8. "National Register Nomination" (NRN) or "nomination"
means a document containing the information necessary to
nominate a property to the NRHP, including a physical
description, statement of significance, maps,
photographs, legal description, and geographic data.
9. "Secretary" means the Secretary of the DOI.
10. "State Historic Preservation Officer" (SHPO) means the
Director of the North Carolina Division of Archives and
History (DAH) or his/her designee.
11. "State Historic Preservation Office" (HPO) means the
Archaeology and Historic Preservation Section of the DAH.
The HPO undertakes the state historic preservation
program and serves as staff to the SHPO in regard to
his/her preservation responsibilities.
12 . "Survey" means an inventory and preliminary evaluation of
the historic properties in a county, town, neighborhood,
or some other defined area. Surveys may be conducted of
historic properties which have historic and architectural
significance, or of properties with historic or pre-
• historic archaeological significance.
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HI. REQUIREMENTS FOR CERTIFICATION
A. ELIGIBILITY
Any local government which meets the criteria set forth
in this document is eligible to apply for certification.
The National Historic Preservation Amendments Act of 1980
contains five broad standards which must be met by a
local government seeking certification. The local
government must:
* Enforce appropriate state or local legislation for
the designation and protection of historic
properties.
* Establish by local legislation an adequate and
qualified historic preservation review commission.
* Maintain a system for the survey and inventory of
historic properties.
* Provide for adequate public participation in the
local historic preservation program, including the 1
process of recommending properties to the NRHP.
* Satisfactorily perform the responsibilities
delegated to it under the Act.
In addition to the federal criteria listed above each
state may specify additional requirements. The minimum
requirements for certification of local governments in
North Carolina are outlined below.
B. LOCAL LEGISLATION
1. The purpose of the historic preservation law shall
be clearly stated and should be substantially
similar to the language of the purpose clauses in
the North Carolina enabling legislation for historic
preservation commissions (North Carolina G.S. 160A-
400. 1 through 160A-400. 14) .
2 . The law shall clearly define a process and criteria
for historic district and/or historic landmark
designation. (G.S. 160A-400.4, 160A-400.5 and
400. 6) .
3 . The law shall establish a commission which shall
have the authority to review and render a binding
decision upon all proposed alterations, relocations,
demolition and new construction within the
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boundaries of designated historic districts or which
affect individually designated historic landmarks.
4. The criteria upon which a commission reviews
proposals for alteration and demolition shall be
clearly set forth in the law and in design
guidelines adopted by the commission. If the
commission is a historic district commission, the
law and guidelines shall also contain criteria for
reviewing proposals for new construction.
5. Decisions of the commission shall set forth the
basis for their determination and shall be binding.
Provisions for enforcing decisions and a right to
appeal must exist in the historic preservation or
zoning laws.
6. The historic preservation law shall contain specific
time limits within which the commission and the
applicant shall act.
C. LOCAL REVIEW COMMISSIONS
1. The responsibilities of the commission must be
complementary to and coordinated with those of the
HPO. These tasks are enumerated in the National
Historic Preservation Act of 1966, and in state and
federal preservation standards, guidelines, and
regulations.
2 . Each CLG shall have a commission with a minimum of
five (5) members. Qualifications for commission
members shall not be more stringent or comprehensive
than requirements for the State Review Board as
defined in 36 CFR 61. All commission members shall
have a demonstrated interest, competence, or
knowledge in historic preservation.
Local governments shall make a good faith effort to
appoint professional members from the disciplines of
architecture, history, architectural history,
planning, archaeology, or other related fields, to
the extent such professionals are available in the
community. A good faith effort shall include
contacting professionals who are known to reside in
the community, and contacting universities or
professional organizations to locate such
professionals in the community if they are not known
to live there.
Commissions must document in writing the manner in
which such effort was made. Documentation shall
take the form of a written description of efforts
undertaken and organizations and individuals
/— /9 9?
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contacted, with copies of correspondence if
available. Nothing in this part shall be construed
to encourage the appointment of professionals who do
not have a demonstrated interest, competence, or
knowledge in historic preservation.
Note: The intent of this guideline, and the
corresponding federal regulation, is to provide
a mix of professional and lay members on local
review commissions. Professionals can help a
local review board make objective decisions;
the appointment of such professionals may
enhance the credibility of the local review
commission in a community. Lay members with a
demonstrated interest in or knowledge of
preservation also bring much that is valuable
to a commission, including organizational or
parliamentary skills, familiarity with the
community's values and political processes, and
knowledge of local historic resources. Both
professionals and laymen are concerned about
preservation and can provide useful insights.
3 . Terms of office of CLG commission members shall be
staggered and of at least two years duration. Terms
may not exceed four years, but there is no limit on
the number of consecutive terms served by any one
member.
4. The local appointing authority shall act within
sixty (60) days to fill a vacancy. The 60 day
period commences on the date of an expired term,
letter of resignation, or at the time the commission
chairman recognizes that there is a vacancy as
defined by the commission's rules of procedure.
5. In addition to Year-End Monitoring Reports to update
property designations and resumes of new commission
members, a formal evaluation report of the
activities of the commission shall be submitted once
every 3 years (triennial) to the SHPO. Such reports
shall include, but are not limited to, such items as
the number and types of cases reviewed and their
disposition, new designations made, revised resumes
of commission members, appointments to the
commission, attendance records, additions to and
deletions from the inventory of historic properties,
and all minutes relating to the consideration of
NRNs. The report shall also include an affirmative
statement that the local government has met the
requirements. for certification contained in these
guidelines.
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6. In addition to any other responsibilities delegated
to it by state or local law, the CLG commission
shall review all proposed NRNs for properties within
its jurisdiction.
When a commission considers a NRN for a resource
(such as an archaeological site, or a building or
district possessing historical and/or architectural
significance) which is normally evaluated by a
professional in a specific discipline (such as an
archaeologist, architect or architectural historian,
or historian) , and that discipline is not
represented on the commission, the commission shall
seek expertise in this area before rendering its
decision. When particular expertise is lacking, the
commission is encouraged to seek the assistance of
professionals in the community or region, such as
college or university faculty or museum staff.
Commissions may wish to explore the possibility of
sharing professional expertise among several
communities. Commissions may also seek the
assistance of either the Archaeology or Survey and
Planning branches of the DAH. Professionals
consulted for NRHP eligibility should meet the
qualification standards in 36 CFR 61, Appendix A,
which is included as the Appendix to these
guidelines.
7. The CLG commission may be made up by combining
existing local commissions which may continue to
operate individually in some cases. However, any
activity specifically addressed in federal CLG
regulations, or other activities specified by the
state in the certification agreement, must be
handled by the CLG commission as a whole.
8 . Federal regulations require that there be no
overlapping jurisdictions (e.g. between city and
county) . The North Carolina SHPO will determine on
a case by case basis how to handle those communities
wishing to be certified where joint commissions have
been established (e.g. a county joint historic
landmarks commission with jurisdiction in both
municipal and unincorporated areas) .
9 . The SHPO may, at his/her discretion and by mutual
written agreement with the local government,
delegate further responsibilities to the CLG
commission. Local governments may petition to
assume greater responsibility for preparation of
NRNs, environmental review, and review of tax act
projects provided they have sufficient and qualified
staff. Staff qualifications shall be consistent
1,
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10 W — •
with the standards established in 36 CFR 61 (see
Appendix) . Note: Professional members with
qualifications as described in the Appendix are
required if the commission petitions to assume the
additional responsibilities described above.
10. At least two commission members, and the designated
member of the CLG's staff (see below) must attend at
least one informational or educational meeting per
year pertaining to the work and functions of the
commission or to historic preservation. Such
meetings may include those sponsored by the HPO, the
Attorney General's Office, the Historic Preservation
Foundation of North Carolina, Inc. (also known as
Preservation/North Carolina) , the National Trust for
Historic Preservation, or a local preservation
organization.
11. The HPO shall make available orientation materials
and training to all CLGs and commissions. The
orientation and training shall be designed to
provide a working knowledge of the roles and
operations of federal, state, local, and private
preservation programs.
D. STAPP
The CLG must designate a paid member of its staff, or a
person working under contract, as the individual
responsible for the operations of the local commission.
The intent of this requirement is to insure that the CLG
is capable of meeting its legal responsibilities related
to historic preservation. The local government shall
specify the amount of available time this person shall
devote to historic preservation.
The designated person need not have historic preservation
as his/her sole responsibility, nor must the person have
special training or expertise in a preservation-related
field, although such training would be desirable. The
designated person may be the director or paid secretary
of the commission; the planning director or member of the
planning staff; the zoning administrator; the town, city,
or county manager; or another staff member designated by
the local government. The designated person may also be
a planner or other staff member of a county, state, or
regional agency which provides services to the local
government under the terms of a contract.
r ,�
11
E. SURVEY OF HISTORIC PROPERTIES
1. The CLG commission shall begin or continue a process
approved by the HPO to identify historic properties
within its jurisdiction. The survey process and
data must be consistent and compatible with the
comprehensive statewide preservation planning
process and other state, county, regional, and local
planning efforts.
2. Survey materials shall be:
a. Compatible with North Carolina's statewide
surveys of historic buildings and
archaeological resources. Surveyed properties
shall be recorded using forms provided by the
HPO. The CLG shall submit the photographic
negatives and either original or duplicate
survey files and maps to the HPO for
incorporation ,into the statewide inventory.
b. Accessible to the public, except that access to
location of archaeological sites shall be
restricted pursuant to G.S. 70-18, and the
locations of vacant, endangered, or
deteriorated buildings may be withheld for
their protection.
c. Available to the public through original or
duplicate files at the HPO, or the office of
the local commission.
3 . After a survey is completed, the commission shall
periodically review the status of its survey of
historic properties. As part of its yearly report,
the commission shall provide the HPO with
information about previously surveyed properties
that have been destroyed, restored, heavily altered,
or moved to new locations.
If an existing survey is outdated or incomplete, or
where new properties of significance have been
overlooked or the passage of time has brought
additional properties into significance, the
commission shall consider conducting a survey
update. Such an update shall be undertaken in
cooperation with the HPO to standards specified in
items 1 and 2 above in this section. (CLG subgrant
monies, when available, may be used for such a
survey update. )
4 . In addition to the survey, the CLG shall maintain a
list of the districts and individual properties that
have been designated pursuant to local legislation.
)9'9
12 /
F. PUBLIC PARTICIPATION
1. All meetings of the commission shall adhere to the
North Carolina Open Meetings Law, and public comment
on commission actions shall be encouraged.
Commission meetings must occur at regular intervals
at least four times a year. Public notice must be
provided prior to any special meeting.
2 . Commissions must adopt and adhere to rules of
procedure as required by North Carolina's enabling
legislation for historic preservation commissions.
3 . Careful minutes of all actions of the CLG commission
including the reasons for making these decisions
must be kept on file and available for public
inspection.
4 . All decisions by the CLG commission shall be made in
a public forum and applicants shall be given written
notification of decisions made by the commission.
Written notification shall cite the criteria upon
which the decisions were made.
5. During the process of recommending properties for
nomination to the NRHP, the commission shall provide
an opportunity for public comments as specified in
Section VI on the NRN process.
IV. PROCESS FOR CERTIFICATION
A. APPLICATION:
A local government may request certification from the HPO
at any time during the year. However, 8rlocal commission
must- have operated actively for at least one year prior
to applying for certification-. The SHPO may waive this
requirement in cases he/she deems necessary. The request
for certification shall include:
1. A form provided by the HPO and signed by the chief
local elected official containing assurances that
the local government will fulfill all of the
standards for certification outlined above, and the
name, position, address, and telephone number of the
paid staff member responsible for meeting the
requirements of certification. If two of more local
governments wish to rely on the services of the same
commission, .applications and assurance forms shall
be submitted by the chief elected official of each
jurisdiction.
13
A\ 2. A copy of the local historic preservation
ordinance. *
3 . A copy of the rules of procedure adopted by the
historic preservation commission. *
4 . A copy of the design guidelines adopted by the
historic preservation commission.*
5. A list and maps of the areas designated as historic
districts or individual historic landmarks.
6. Resumes or completed resume forms provided by the
HPO for each of the members of the historic
preservation commission, including, where
appropriate, credentials or member's expertise in
fields related to historic preservation.
7. Evidence that the commission has sought appropriate
expertise to serve on the commission.
8. Resumes for the staff, only if the local government
is petitioning to assume responsibility for
preparation of NRNs, environmental review, or review
of tax act projects.
* If the commission is considering changes to the ordinance
procedures or guidelines, proposed changes (or "the revised
document") should be submitted for review and comment.
B. NOTIFICATION OF CERTIFICATION:
1. Within forty-five (45) days from the receipt of a
completed request for certification, the SHPO shall
respond to the chief elected official of the local
government.
2 . If the SHPO approves the certification application,
the HPO and the local government will enter into a
written agreement which specifies the duties that
will be delegated to the local government and
contains other appropriate provisions.
3 . When responding to the completed application, the
SHPO will send a copy of the CLG application and a
copy of the proposed certification agreement between
the state and the CLG to the Secretary of DOI.
4 . If no comment from the Secretary of DOI is received
within fifteen (15) working days, certification of
the local government and the preliminary agreement
will be considered final.
93
14
5. If the Secretary of DOI states any objections to the
certification, the HPO will work with the local
government to address the Secretary's concerns.
6. If the local government's request for certification
is disapproved by the SHPO, the local government may
appeal the decision to the Secretary of DOI.
V. PERFORMANCE ASSESSMENT AND DECERTIFICATION
A. PERFORMANCE ASSESSMENT
The HPO shall perform annual monitoring activities and a
formal triennial performance review of CLGs to assure
that each government continues to meet the minimal
requirements of the CLG program and is satisfactorily
performing its responsibilities as a program participant.
1. Annual Monitoring Activities and Year-End Reports
The CLG Coordinator will monitor CLG activities
throughout the year with periodic written
notifications, telephone conversations and site
visits. In addition, Year-End Reports will be
collected from each CLG, covering the period
beginning July 1 of the previous year and ending
June 30 of the current year. Documents requested
may include: resumes of new commission members;
lists of locally designated districts and/or
historic properties; and lists of properties that
have been demolished, radically altered, restored or
moved within the reporting period.
2 . Triennial Evaluations
Comprehensive performance reviews of all current
CLGs will be conducted every three years, beginning
in 1993 for the period July 1, 1990 to June 30,
1993. In addition to items required annually, the
review will test performance of such basic CLG
responsibilities as: review of NRNs; administration
of federal subgrants; designation of historic
districts and/or landmarks; and consideration of
certificates of appropriatenessl..�l 4'..v.A.& a maimu.tad .
3 . Results of Reviews
The HPO shall inform each CLG in writing of the
results of its annual and triennial reviews. To
promote the exchange of information among local
preservation programs, portions of the CLG reports
may be circulated to all CLGs.
15
If the HPO's annual monitoring or triennial review
indicates that a CLG no longer meets the minimum
requirements or that performance of the CLG is not
satisfactory, the following procedures shall be
followed:
a. The HPO shall notify the local government
in writing that its performance is
inadequate and that it risks losing
certification. The HPO shall document the
assessment that the local government's
performance is inadequate and recommend to
the local government steps to bring its
performance to a satisfactory level.
b. The CLG shall have a period of no more
than one hundred and eighty (180) days to
make improvements. If the HPO determines
that sufficient improvement has not
occurred, the HPO may recommend
decertification of the local government to
the Secretary of the DOI, citing specific
reasons for the recommendation. If the
Secretary does not object to the HPO's
recommendation within thirty (30) days of
receipt, the decertification shall be
considered approved.
B. DECERTIFICATION
1. Conditions Warranting Decertification
Performance shall be deemed unsatisfactory and
decertification may be warranted if one or more of
the following conditions exist:
a. The local government fails to perform its
delegated responsibilities, such as review
of NRNs, administration of grant funds, or
other delegated functions, within
established time periods.
b. The local government fails to actively
carry out appropriate legislation for the
designation and protection of historic
resources.
c. The local government undertakes specific
actions which are in conflict with the
general purposes of advancing historic
• preservation or in general demonstrates a
lack of regard for historic preservation
in its community.
y
) 99
16 G'
d. The local government violates specific
agreements (i.e. Memorandums of Agreement
between the HPO, the local government, and
the Advisory Council on Historic
Preservation) .
e. The local government fails to coordinate
its responsibilities with the HPO.
2. Termination of Grant Assistance
The SHPO may terminate financial assistance in
accordance with the National Register Programs
Manual when a local government is decertified. The
SHPO may then proceed as circumstances warrant to
ensure completion of a project funded with this
assistance.
3 . Requests for Recertification
Upon decertification, a local government may
immediately request recertification. However, the
local government will lose eligibility to apply for
matching funds during the grant cycle following
decertification whether or not its recertification
request is approved.
4 . Voluntary Decertification
A CLG may petition the SHPO to be decertified
voluntarily and without prejudice.
VI. PARTICIPATION OF CERTIFIED LOCAL GOVERNMENTS
IN THE NATIONAL REGISTER NOMINATIONS PROCESS
In accordance with the National Historic Preservation
Amendments Act of 1980, the CLG shall submit comments to the
HPO regarding the eligibility of each property or district
within its jurisdiction which is proposed for nomination to
the NRHP. These comments shall contain the evaluation of the
property according to NRHP criteria by the local historic
preservation commission and the chief local elected official,
the latter acting on behalf of the local governing board. The
comments may be as simple as affirmative statements that, in
their opinion, the property is eligible. Local governing
boards and local commissions are encouraged to submit any
other comments they feel are relevant. Comments may be
submitted on forms provided by the HPO. If the chief local
elected official and the local historic preservation
commission agree that the property does not met NRHP criteria,
the commission shall submit a finding indicating how it does
not. The CLG will be involved in the NRN process in the
following manner:
1 �
. F
17
1. The .SHPO shall receive completed NRNs.
2. If a property to be nominated lies within the
jurisdiction of a CLG, the HPO shall transmit copies
of the nomination to the local historic preservation
commission and the chief local elected official
within thirty (30) days after the HPO has determined
that the nomination is complete and accurate and at
least sixty (60) days prior to consideration by the
State Professional Review Committee (SPRC) .
3 . Concurrently, the HPO shall notify the property
owner(s) that the nomination has been completed.
4. The local historic preservation commission and the
chief local elected official, the latter acting on
behalf of the local governing board, shall
separately notify the SHPO and the applicant as to
their opinions in regard to the proposed nomination
within sixty (60) days of receipt of the nomination
materials. If the CLG does not respond within
sixty (60) days, approval of the nomination will be
assumed. With the concurrence of the CLG, the SHPO
may specify a briefer review period in order to
expedite the nomination process.
5. When a commission considers a NRN for a resource
(such as an archaeological site, or a building or
district possessing historical and/or architectural
significance) , which is normally evaluated by a
professional in a specific discipline (such as an
archaeologist, architect or architectural historian,
or historian) and that discipline is not represented
on the commission, the commission shall seek
expertise in this area before rendering its
decision. When considering nominations in such
cases, the commission is encouraged to seek the
assistance of professionals in the community or
lAlthough the federal regulations governing the CLG program
call for the chief local elected official to provide comments
on proposed NRNs within the. jurisdiction of a CLG, North
Carolina law stipulates that the mayor or chairman of the
board of county commissioners may act only in an
administrative capacity on behalf of the local governing
board. If a CLG has doubts about the legality of the chief
elected official assuming sole responsibility for comments on
proposed NRNs, it may wish to consider two alternatives: 1)
having the governing board review each nomination; or 2)
having the governing board pass a resolution granting the
chief elected official the authority to furnish comments on
• behalf of the governing board. The SHPO shall provide CLGs
with the wording for such a resolution upon request.
,649-47-M?-93
18 `
_OLL region, such as college or university faculty or
museum staff.
Commissions may wish to explore the possibility of
sharing professional expertise among several
communities. Commissions may also seek the
assistance of either the Archaeology or Survey and
Planning branches of the DAH. Professionals
consulted for opinions on eligibility should meet
the standards in 36 CFR 61 (see Appendix) .
6. During the 60-day period, the CLG shall provide a
reasonable opportunity for public comment. The
measures to be taken will be in accord with the CLG
Certification Agreement. The CLG shall submit a
record of the measures taken to notify the public
and the comments received.
7 . In the event that both the historic preservation
commission and the chief local elected official
recommend that the property is eligible and should
be nominated to the NRHP, the SHPO shall place the
proposed nomination before the SPRC for
consideration at the earliest possible quarterly
meeting.
8 . In the event that either the historic preservation
commission or the chief local elected official does
not agree that the property is eligible and should
be nominated to the NRHP, the SHPO will place the
proposed nomination before the SPRC for
consideration at the earliest possible quarterly
meeting. The SPRC will be informed of the CLG's
comments.
9 . In the event that both the historic preservation
commission and the chief local elected official
agree that the property should not be nominated to
the NRHP, the CLG will return the nomination
materials to the SHPO, who shall take no further
action unless, within thirty (30) days of the return
of such nomination materials, a written appeal is
filed by a third party with the HPO. If such an
appeal is filed, the SHPO shall place the nomination
before the SPRC for consideration at the earliest
possible quarterly meeting and shall inform the SPRC
of the CLG's objections.
10. After a nomination is approved by the SPRC, the HPO
shall transmit it to the NRHP with the comments and
opinions of the chief local elected official and the
local historic preservation commission, _ together
with any appeal which may have been filed.
1
19
11. In order to expedite the nomination process, an
applicant may submit a completed nomination
concurrently to the CLG and the SHPO. Within sixty
(60) days, the chief local elected official and the
local historic preservation commission shall submit
their comments and opinions regarding the proposed
nomination to the SHPO and the applicant. The CLG
shall ensure that a reasonable opportunity for
public comment on the nomination has been provided.
After the SHPO has verified that the nomination is
complete and accurate, he/she will place the
nomination before the SPRC for consideration at the
earliest possible quarterly meeting, following the
mandatory owner notification procedures.
12 . The SHPO may, at his/her discretion and by mutual
written agreement with the CLG, delegate further
responsibilities for NRNs to the CLG except for the
authority to review and nominate properties directly
to the NRHP. Local governments may petition to
assume responsibility for preparing NRNs if they
have sufficient and qualified staff. Staff
qualifications shall be consistent with the
•
standards established in 36 CFR 61, (see Appendix) .
VII. HISTORIC PRESERVATION FUND (HPF) GRANTS
TO CERTIFIED LOCAL GOVERNMENTS
A. ELIGIBILITY
The State of North Carolina is responsible, through
financial audit, for the proper accounting of federal HPF
CLG share monies in accordance with Office of Management and
Budget Circular A-102, Attachment P, "Audit Requirements. "
The HPO is prepared to provide assistance to all local
governments in developing and implementing financial
management systems which meet the requirements listed below.
To be eligible to receive a portion of the local share of
the HPF, the state requires that each CLG:
1. Maintain adequate financial management systems which:
a. Meet federal standards specified in Office of
Management and Budget Circular A-102, Attachment
G, "Standards for Grantee Financial Management
Systems. "
b. Can be audited in accordance with the General
Accounting Office's Standards for Audit of
Government Organizations, Programs. Activities.
and Functions.
i9_'93
20 STEE -- g-
c. Are periodically evaluated by the HPO.
2 . Adhere to all requirements of the National Register
Programs Manual, and;
3 . Adhere to any requirements mandated by Congress
regarding the use of such funds.
B. AVAILABILITY OF FUNDING
The intent of the CLG program is to use HPF assistance to
augment rather than replace existing local funding
commitment to historic preservation activities. Ordinarily,
the maximum grant to any project shall amount to no more
than thirty percent (30%) of the total amount available to
CLGs during one federal fiscal year, October 1 to September
30. (See also Section G, page 23) .
The CLG share of the HPF allocation to North Carolina shall
be available to local governments on a 50/50 matching basis
for eligible historic preservation activities and projects.
(At present, federal law provides that at least 10%• of the
HPF allocation to the states be set aside for distribution
to CLGs. If the Congress appropriates more than $65 million
to the HPF, the distribution formula will provide for one-
half of the excess to be transferred to CLGs. At such time,
a different method of transferring funds to CLGs may be
considered) .
C. CONDITIONS OF GRANT AWARDS
CLGs receiving HPF grants from the CLG share of the North
Carolina HPF appropriation shall be considered subgrantees
of the state. Therefore, conditions associated with the HPF
award must be passed on to local governments. The HPO is
prepared to provide assistance to CLGs in developing grant
applications which will meet these conditions. These
include:
1. An executed subgrant agreement between the state and
CLG. which specifies requirements of the CLG program.
2 . The use of CLG funds for activities that are eligible
for HPF assistance and consistent with the state's
comprehensive historic preservation planning process.
3 . Charging indirect costs as part of the CLG grant only
if the CLG subgrantee meets the requirements of the HPF
Manual. (Unless the CLG has a current indirect cost
rate approved by the cognizant federal agency, only
direct costs may be charged) .
21
D. APPLICATION TIMETABLE
As Congressional and DOI schedules and directives allow, the
timetable for applications shall be as follows:
1. DOI notifies North Carolina SHPO of projected annual
allocation.
2 . Thirty (30) days later, SHPO notifies CLG of
availability of funds.
3 . Sixty (60) days later, SHPO receives applications from
CLGs. (Following evaluation and selection process,
SHPO submits required Project Descriptions to DOI for
project approval and obligation of funds. These
activities require approximately sixty (60) days) .
4. Thirty (30) days after SHPO receives formal obligation
of funds from DOI, SHPO notifies local government of
grant awards.
E. FUNDING PRIORITIES
CLGs shall be awarded funds on a competitive application
basis. The state is not required to award funds to all CLGs
that are eligible to receive funds. The annual project
emphasis will be determined by the SHPO and conveyed to CLGs
as early as possible in the grant application cycle. Within
a local government area, the usual sequence of activities is
as follows:
1. Identification of historic and prehistoric resources.
Projects could include:
a. An historical/architectural survey of a county,
town, downtown area or residential neighborhood.
b. An archaeological survey.
Identification of resources as the result of a survey
will be a prerequisite for projects involving the
evaluation or protection of resources unless otherwise
justified.
2 . Evaluation and Protection of historic and prehistoric
resources based on local need.
Projects could include:
a. Nominations to the NRHP. (Nominations may be
individual structures or sites; historic district
t. or multiple resource nominations, which include
649F1---1 Y- 91
22 /l •®
both individual properties and historic
districts) .
b. Land-use and historic preservation plans.
c. Design guidelines for historic districts.
d. Public education programs and materials.
e. Technical assistance to owners of historic
properties.
f. Architectural plans and specifications,
feasibility studies for development and
restoration/rehabilitation of properties listed in
the NRHP (when allowed under the conditions
imposed on states which receive HPF monies) .
g. Testing of archaeological sites to evaluate their
eligibility for the NRHP.
F. THE GRANT APPLICATION
The application form for HPF funds will be available from
the HPO on or about November 1. Applications which are not
submitted on forms supplied by the HPO will be considered,
provided they are the proper length and contain adequate
information. The narrative portion of the application (1, 2
and 3 below) should be limited to three (3) double-spaced
typewritten pages. An additional budget page may be
attached.
Applications should contain at least the following:
1. Applicant Information: name of the CLG and name,
title, address and telephone number of the contact
person or designated project manager.
2 . Project Information: a detailed and specific list of
the final products to be accomplished with the subgrant
and local matching funds.
3 . Project Budcret: a detailed budget that includes all
major work elements and the cost of each element.
4 . Matching Share: identification of the donor, source,
kind, amount and availability of nonfederal share to be
contributed.
5. Professional Qualifications: documentation that
professional qualifications of the staff, consultants,
or principal investigators undertaking the work meet
the applicable minimal professional qualifications in
36 CFR 61 (See Appendix) .
23
6. Eaual Opportunity Statement: a signed Equal
Opportunity Statement or equivalent.
G. EVALUATION OF APPLICATIONS
Applications will receive comprehensive review by a DAH
Review Committee, after which recommendations will be made
to the SHPO. The state shall make available, upon request,
the rationale for applicants selected and the amounts
awarded. Project selection will be based on the following
criteria:
1. Assessment of Need
The application should contain a brief description of
the problems and opportunities affecting the historic
resources in the community. The statement may be
supported by evidence, such as statistics or advice
from community groups. The assessment of need should
indicate how the project will relate to community
problems. The proposed solution should be workable -
something which can be accomplished within a reasonable
period and with reasonable resources.
2. Design of Project
The project description should include clearly stated
and specific goals that are realistically attainable
within the funding period. Applications should also
demonstrate an understanding of state and local
preservation priorities including efforts to advance
the identification, evaluation and protection of the
state's historic and prehistoric resources.
3 . Project Cost
The application should include a feasible project cost,
combining the requested CLG grant funds and available
non-federal matching monies and in-kind services.
Demonstrated community support and financial commitment
from the local government may also be indicated.
Previous HPF grant awards should be listed, including
any previous CLG funds.
4. Impact
The application should identify the impact of the
project on the local community, including direct and
spin-off results. Consideration will also be given to
the contribution of project activities on issues
identified 'in the preservation planning process being
conducted by the DAH.
4
Pi4 /®/993
24 / �
5. Distribution of Funds
The DAH will attempt to equitably distribute
preservation funding to both urban and rural areas and
among major geographic areas of the state. Reasonable
effort will also be made to divide monies among the
maximum number of eligible local jurisdictions.
Distribution must result in awards which will be
sufficient to generate effects directly as a result of
the funds transfer and ensure that no CLG receives a
disproportionate share of the allocation. The
requirement for tangible results may not be waived.
QUESTIONS CONCERNING GRANT APPLICATIONS, FUNDING,
ELIGIBLE PROJECTS, ETC. , SHOULD BE ADDRESSED TO:
GRANTS ADMINISTRATOR/CLG COORDINATOR
STATE HISTORIC PRESERVATION OFFICE
109 EAST JONES STREET
RALEIGH, NC 27601-2807
Telephone: 919/733-4763
t
1 -
4l
25
Appendix. Professional Qualifications Standards (for
communities assuming expanded responsibilities) .
Note: These standards apply only if a local government is
petitioning to assume greater responsibility for functions
normally performed by the SHPO within its jurisdiction, such as
preparation of NRNs, environmental review pursuant to Section 106
of the National Historic Preservation Act of 1966, and review of
Tax Act certification applications. They do not apply to the
members of local review commissions, or to the commission's
designated staff person if the local government does not seek
expanded responsibilities. These standards also apply to
consultants/professionals from whom the CLG may seek an opinion
on the eligibility of a property for listing in the NRHP.
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 a year of full-time
experience.
(a) History. The minimum professional qualifications in history
are a graduate degree in history or closely related field;
or a bachelor's degree in history or closely related field
plus one of the following:
(1) At least two years of full-time experience in research,
writing, teaching, interpretation or other demonstrable
professional activity with an academic institution,
historical organization or agency, museum, or other
professional institution; or
(2) Substantial contribution through research and
publication to the body of scholarly knowledge in the
field of history.
(b) Archaeology. The minimum professional qualifications in
archaeology are a graduate degree in archaeology,
anthropology, or closely related field plus:
(1) At least one year of full-time professional experience
or equivalent specialized training in archaeological
research, administration or management;
(2) At least four months of supervised field and analytic
experience in general North American archaeology; and
(3) Demonstrated ability to carry research to completion.
In addition to these minimum qualifications, a
professional in prehistoric archaeology shall have at
least one year of full-time professional experience at
!' a supervisory level in the study of archaeological
resources of the prehistoric period. A professional in
-4
i_i 9 s3
26 r t
historic archaeology shall have at least one year of
full-time professional experience at a supervisory
level in the study of archaeological resources of the
historic period .
(c) Architectural History. The minimum professional
qualifications in architectural history are a graduate
degree in architectural history, art history, historic
preservation, or closely related field, with coursework in
American architectural history; or a bachelor's degree in
architectural history, art history, historic preservation,
or closely related field plus one of the following:
(1) At least two years of full-time experience in research,
writing, or teaching in American architectural history
or restoration architecture with an academic
institution, historical organization or agency, museum,
or other professional institution; or
(2) Substantial contribution through research and
publication to the body of scholarly knowledge in the
field of American architectural history.
(d) Architecture. The minimum professional qualifications in
architecture are a professional degree in architecture plus
at least two years of full-time professional experience in ti
architecture; or a state license to practice architecture.
(e) Historic Architecture. The minimum professional
qualifications in historic architecture are a professional
degree in architecture or state license to practice
architecture, plus one of the following:
(1) At least one year of graduate study in architectural
preservation, American architectural history,
preservation planning, or closely related field; or
(2) At least one year of full-time professional experience
on historic preservation projects. Such graduate study
or experience shall include detailed investigations of
historic structures, preparation of historic structures
research reports, and preparation of plans and
specifications for preservation projects.
zi
•�Q�INM�Y -
North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary William S. Price, Jr., Director
March 30, 1993
Mr. Moses Carey, Jr. , Chairman
Board of County Commissioners
PO Box 8181
Hillsborough, NC 27278
Re: CLG Certification: Orange County, North Carolina
Dear Mr. Carey:
The Division of Archives and History has received word that the
National Park Service in Atlanta has confirmed that the County of
Orange meets the requirements for Certified Local Government
status. Enclosed is a copy of the notice sent to us.
A partially completed Certification Agreement was forwarded to
you with a cover letter dated March 11, 1993 . Please return the
agreement, signed by you and Todd Dickinson, as soon as possible.
Your certification will become effective as soon as I add my
signature to the agreement.
Congratulations to you and the Historic Preservation Commission!
We look forward to working with you as you take on new
responsibilities for the preservation of historic resources in
your community.
Sincerely,
0 IN jii6RA4 . AA t" .
William S. Price, Jr.
State Historic Preservation Officer
WSPJr:ro
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109 East Jones Street • Raleigh, North Carolina 27601-2807 ��
Mr. Moses Carey, Jr.
Page Two
March 30, 1993
Enclosure
cc: Todd Dickinson
Marvin Collins
Lloyd Childers, CLG Coordinator
State Historic Preservation Office
Melinda Wall, Preservation Planner
State Historic Preservation Office
Claudia Brown, National Register Coordinator
State Historic Preservation Office
Dolores Hall, Archaeologist
State Historic Preservation Office
A t
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North Carolina Department of Cultural Resou
James B. Hunt, Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary William S. Price, Jr., Director
March 11, 1993
Mr. Moses Carey, Jr. , Chairman
Board of County Commissioners
PO Box 8181
Hillsborough, NC 27278
Re: Certified Local Government (CLG) Status, Orange County
Dear Mr. Carey:
This is to inform you that it is our opinion that the County of
Orange meets the minimal requirements for Certified Local
Government status as provided in the National Historic Preservation
Agreements Act of 1980 (36 CFR Parts 61.5 and 61.7) . A copy of the
completed forms and information which you submitted to us has been
sent to the National Park Service Office in Atlanta where staff
will review and approve the application.
Enclosed is a partially-completed Certification Agreement. Please
review and sign it yourself, pass it on to Todd Dickinson for his
signature, then return it to Lloyd D. Childers, CLG Coordinator,
State Historic Preservation Office at the address below, who will
forward it to me for my signature.
We wish to acknowledge the efforts of Marvin Collins, Planning
Director, in completing the CLG process. His responsiveness and
cooperation have assisted us in our processing and review of the
Orange County application.
AT
109 East Jones Street • Raleigh, North Carolina 27601-2807 '64e
Mr. Moses Carey, Jr.
Page Two
March 11, 1993
If you, Mr. Collins, or any commissioners have questions or
comments, you may contact Ms. Lloyd Childers, CLG Coordinator,
at 919/733-4763 .
Sincerely,
6 3 eWilliam S. Price, J .
State Historic Preservation Officer
WSPJr:ro
Enclosure
cc: Mr. Cecil McKithan, Chief
National Register Programs Division
Mr. Todd Dickinson, Chairman, Historic Preservation Commission
Mr. Marvin Collins, Planning Director
Ms. Lloyd Childers, CLG Coordinator
State Historic Preservation Office
Ms. Melinda Wall, Preservation Planner
State Historic Preservation Office
I11 _ "'..V � =,:'fir
• North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary William S. Price, Jr., Director
March 11, 1993 .
Mr. Cecil McKithan, Chief
National Register Programs Division
Southeast Regional Office
National Park Service
75 Spring Street, SW
Atlanta, GA 30303
Re: Certified Local Government Status, Orange County,
North Carolina
Dear Mr. McKithan:
Enclosed is a copy of the application submitted to us by Orange
County, North Carolina, requesting Certified Local Government
status, and a copy of the Certification Agreement that we sent to
the chief local elected official for his signature and that of
the chairman of the Orange County Historic Preservation
Commission.
It is our opinion that this locality meets the requirements for
certification as provided in the National Historic Preservation
Agreements Act of 1980 (36 CFR parts 61.5 and 61.7) . The county
does not wish to assume expanded responsibilities. Commission
members include an archaeologist and an architectural historian
who are qualified to comment on National Register nominations.
Unless we receive comments or questions to the contrary from your
office within 15 days of your receipt of these materials, it is
our intention to certify Orange County. If you or your staff
need additional information, please contact Lloyd Childers, CLG
coordinator, with the State Historic Preservation Office at
919/733-4763 .
a
UD
109 East Jones Street • Raleigh, North Carolina 27601-2807 Vo�
ME /-- /?- .Y3
Mr. Cecil McKithan
Page Two
March 11, 1993
Thank you for your consideration of this application.
Sincerely,
t606-0A4-ali
William S. Price, Jr.
State Historic Preservation Officer
WSPJr:ro
Enclosure
cc: Moses Carey, Jr. , Chairman Board of County Commissioners
John M. Link, Jr. , County Manager
Marvin Collins, Planning Director
Todd Dickinson, Chairman, Historic Preservation Commission
Dolores Hall, Archaeologist
Lloyd Childers, CLG Coordinator
Melinda Wall, Preservation Planner
` I
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NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES
DIVISION OF ARCHIVES AND HISTORY
STATE HISTORIC PRESERVATION OFFICE
109 East Jones Street
Raleigh, North Carolina 27601-2807
Telephone 919/733-4763
CERTIFICATION AGREEMENT FOR LOCAL GOVERNMENTS
This agreement is entered into on this 12th of March , 1993 by
day . month year
the North Carolina Division of Archives and History, herein known as the
Division, and the County of Orange
Name of Local Government
herein known as the Local Government. The agreement is made pursuant to the
National Historic Preservation Act Amendments of 1980 (P.L. 96-515) , herein
known as the Act, and "Guidelines for North Carolina' s Certified Local
Government Program," herein known as the Guidelines.
I. GENERAL
1. The Local Government agrees to meet the five standards for a certified
local government contained in the Act and defined and amplified in the
guidelines, and to establish a Certified Local Government Commission
for the purposes of this agreement, upon consultation with the
Division and any existing local historic district or properties
commissions.
2. The Local Government hereby designates a paid member of its staff,
Marvin Collins, Planning Director or a person working
Name and Position of Person
under contract,
Name and Firm/Agency of Person
as the individual responsible for the operation of the Certified Local
Government Commission (herein known as the Commission) and for meeting
the requirements of this agreement. The Commission shall notify the
Division if the person responsible significantly changes the amount of
available time spent on historic properties.
• 3. The Division shall make available orientation materials and training
to the local government and the Commission. The orientation and
training shall be designed to provide a working knowledge of the roles
and operation of federal, state, local and private preservation
programs.
4. The Local Government shall review all proposed nominations to the 4°
National Register of Historic Places within its jurisdiction pursuant
to the Act and according to the procedures in the Guidelines, which
are incorporated by reference into this Agreement, and Part II of this
Agreement.
5. For purposes of evaluation, the Local Government shall submit
triennially to the Division a report on the activities of the
Commission containing the items listed in the Guidelines and any
others which the Division shall require. The Division shall inform
the local government of the results of its review of the report in
writing. The report shall be submitted by October 1 of the year in
which it is required.
6. The Division shall perform annual monitoring of the Local Government
to assure that it continues to meet the standards contained in the
Guidelines and is satisfactorily perrorming its responsibilities.
Monitoring may include periodic telephone conversations, requests for
specific written materials, on-site visits and other materials which
may be required to sufficiently evaluate the CLG' s yearly activities.
7. If the Division's yearly or triennial review indicates that terms of
this Agreement and addenda are not being met, or that the Local
Government no longer meets the standards contained in the Guidelines,
or that its performance of the responsibilities outlined in the
Guidelines and this Agreement is not satisfactory, the Division shall
notify the Local Government in writing that it risks losing
certification. The Division shall document the assessment that the
Local Government ' s performance is inadequate and recommend steps to
bring the Local Government' s performance up to a satisfactory level.
8. The Local Government shall have a period of not less than 30 nor more
than 180 days to make improvements. If the Division determines that
sufficient improvement has not occurred within the time prescribed by
the Division, the Division may recommend decertification of the Local
Government to the Secretary of the Interior, citing specific reasons
for the recommendation. If the Secretary does not object to the
Division' s recommendation within 30 working days of receipt, the
decertification shall be considered approved by the Secretary. This
Agreement, and certification of the cited Local Government, shall
become void 30 days following notification in writing to said Local
Government of the Division's recommendation to the Secretary, unless
otherwise notified by the Secretary or the Division.
9. If the Local Government is decertified, it may immediately request
recertification. However, the Local Government shall lose eligibility
to apply for the matching funds set aside for certified local
governments during the grant cycle following decertification, whether
or not its recertification request is approved.
10. The Division may delegate, by mutual written agreement with the Local
Government, further responsibilities to the Commission. The Local
Government may petition for the Commission to assume greater
responsibility for preparation of National Register nominations,
environmental review, and review of Tax Act certification applications
providing the Commission has sufficient staff meeting the professional
qualifications contained in the appendix to the Guidelines. Any
delegation of further responsibilities to the Commission shall be made
as an addendum to this Agreement.
/-/9*
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17711
11. If separate historic landmark and historic district commissions exist
in the Local Government 's jurisdiction, the Local Government shall
obtain a memorandum of understanding with the commissions, in
consultation with the Division, which identifies the responsibilities
of each commission under this Agreement. The memorandum of
understanding shall be made an addendum to this Agreement.
II. REVIEW OF NATIONAL REGISTER NOMINATIONS BY THE LOCAL GOVERNMENT
1. If a property to be nominated to the National Register lies within the
jurisdiction of the Local Government, the Division shall transmit
copies of the nomination to the Commission and the chief elected
official of the Local Government within 30 days after the Division has
determined that the nomination is complete and accurate and at least
60 days prior to consideration by the State Professional Review
Committee.
2. The chief elected official of the Local Government, acting on behalf
of the local governing board, and the Commission shall separately
notify the Division and the owner of the nominated property in writing
of their opinions concerning the eligibility of the proposed
nomination within sixty (60) days from the date they receive the
nomination. Comments to the Division may be submitted on forms
provided by Archives and History. If the Commission and the Local
- Government concur with the nomination, their responses may be as
simple as affirmative statements that, in their opinion, the property
is eligible for listing in the Register. If either or both the Local
Government and the Commission do not believe that the property should
be nominated to the Register, they shall state in their responses why
it should not be nominated.
3. Upon submittal of comments to the Division on any proposed nomination,
the CLG will verify that it has consulted with appropriate experts as
stipulated in the cover form it shall receive with each nomination.
•
4. The Division and the Local Government agree that if the chief elected
official and the Commission fail to notify the, Division of their
opinions within sixty (60 ) days, such failure shall constitute
approval of the nomination.
5. During the review period, the Commission shall provide a reasonable
opportunity for public comment. The following measures shall be taken
(check one or more of the following) .
x Public notice published in local newspaper
x Public hearing at meeting of the Commission
x Mailing to interested local groups and individuals soliciting
comments
Press release announcing proposed nomination and requesting
public comments
•
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Other measures agreed to by the Division and the Local Government
•
The Commission shall submit to the Division a record of the measures
taken to notify the public and the comments received.
6. If both the chief elected official and the Commission concur with the
nomination, or if only one of them objects to the nomination, the
Division will place the nomination before the State Professional
Review Committee for consideration a.t the earliest possible quarterly
meeting.
7. If both the chief elected official, acting on behalf of the Local
Government ' s governing board, and the Commission object to the
nomination, they shall return the nomination materials to the Division
which shall take no further action unless, within thirty days of the
return of such nomination materials, a written appeal is filed with
the Division by a third party. If such an appeal is filed, the
Division shall place the nomination before the State Professional
Review Committee at the earliest possible quarterly meeting.
8. After a nomination is recommended by the State Professional Review
Committee, and signed by the State Historic Preservation Officer, the
Division shall transmit it to the National Register with the comments
and opinions of the chief elected official and the Commission,
together with any appeal which may have been filed.
III. TRANSFER OF FUNDS TO THE LOCAL GOVERNMENT •
1. The Local Government is eligible to receive a portion of. the Federal
Historic Preservation Fund (HPF) monies set aside for certified local
governments (CLGs) provided that it meets the financial management
standards contained in the Guidelines.
2. The Division shall make the CLG share of HPF monies available on a
50/50 matching basis for the eligible historic preservation activities
and projects listed in the Guidelines. The Division shall award funds
on a competitive basis, and shall select projects on the basis of
their design, cost, community impact, and the priorities listed in the
Guidelines.
3. To be considered for an award, the Local Government shall submit an
application containing the information specified in the Guidelines.
The Local Government understands that due to the large number of
present and potential CLGs and the current Low level of federal
funding it is unlikely to receive an award every year.
4. Any project supported by monies set aside for CLGs shall be governed
by a separate project description and contract mutually agreed to by
the Local Government and the Division.
it
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We the undersigned, having read, understood, and agreed to the terms of this
certification agreement, so affix our signatures on this
6th of April of 1993
.
day month year
•
•
•
Local Government( Commission(s):
ill ' 4j 15/93 9(g
(_igned) / / ' (date) (signed) (date)
Moses Carey, Jr. ,//h. irman
Oran•e Count Bo.i d .f Commissioners Todd W. Dickinson, Chairman
(name) / (name)
Orange County Orange County Historic Preservation
(local government name) (name of commission) Commission
2. 2.
(signed) (date) (signed) (date)
(name) - (name)
(local government name) (name of commission)
3. Division:
(signed) (date)
(name) (signed) . *(date)
William S. Price, Jr.
(local government name) Department of Cultural Resources
Division of Archives and History
4.
(signed) (date)
•
(name)
*EFFECTIVE DATE OF AGREEMENT
•
:XXX://
NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES
DIVISION OF ARCHIVES AND HISTORY
CERTIFICATION OF APPLICATION FOR LOCAL GOVERNMENTS
Assurance Form
I, Moses Carey, Jr. , Chair of the Board of County Commissioners, am the chief
elected official of the County of Orange. I hereby certify that the County of
Orange will fulfill all of the standards for designation as a "Certified Local
Government" contained in the National Historic Preservation Act Amendments of
1980 (P.L. 96-515) , and "Guidelines for North Carolina's Certified Local
Government Program".
I further state that Marvin Collins, Planning Director, a paid member of the
Planning and Inspection Department's staff, will be responsible for the County of
Orange meeting the responsibilities of the certification agreement to be signed
by the County of Orange and the Division of Archives and History, North Carolina
Department of Cultural Resources.
I affix my signature on this 20th day of January, 1993.
/ AV ' ' I
Signature
Since the inception of its comprehensive planning program, a goal of Orange
County has been the completion of detailed inventories of its cultural, historical,
recreational, biological, and geological resources. In 1986, the Planning Department
completed a general listing of such sites in the unincorporated portions of the county.
While some field surveys were conducted for site verification purposes, the listing was
based exclusively on existing documentation.
In 1988, a Master Recreation and Parks Plan was prepared for Orange County.
During the same year, the Triangle Land Conservancy completed an Inventory of Natural
Areas and Wildlife Habitats of Orange County. These studies provided the detailed
inventory of recreational, geological, and biological sites.
Consistent with the above goal, in January, 1991, Orange County applied for
Survey and Planning Grant Funds to undertake an inventory of historic sites and
structures in the unincorporated portions of Chapel Hill Township, the most populous
and urbanized of the county's seven townships.
Following notice of the grant award in May of 1991, the inventory project was
begun in December and completed in June of 1992. Based on the inventory conducted by
the consultants, the area contained 159 structures of significance.
The Chapel Hill Township inventory was the first of a four-phase project. The
second phase, and the one for which Planning and Survey Grant Funds are being used now,
consists of an inventory of the remaining unincorporated portions of the county. Notice
of the grant award occurred in May, 1992, and contracts with the consultants were
signed in December. To date, a planning phase and four of 13 phases of the
comprehensive survey have been completed. When completed in July of 1993, approximately
700 sites of historical significance will have been identified and surveyed.
As noted in the 1992 grant application, the third phase, and the one for which
Planning and Survey Funds are being requested, will consist of two parts, including the
publication of a county-wide inventory and an inventory of archaeological sites.
Although Orange County will seek the support of municipalities and private interests in
the actual publication of the inventory, funds are being requested to employ a
consultant to prepare the manuscript and collect photographs for the inventory
document.
A consultant will also be sought to undertake the archaeological survey. The
survey is a spin-off of the historic sites/structures inventory in that a doctoral
candidate at the University of North Carolina was employed as an intern by the Planning
Department to follow behind the work of the consultants in the Chapel Hill Township
survey, seeking to identify archaeological sites at each location which may be worthy
of more detailed investigation. The intern is also reviewing the existing record of
archaeological sites in the county in order to assess their potential relative to
National Register criteria. The work of the Planning Intern will be incorporated into
the survey strategy described below, and known sites that appear eligible for
nomination to the National Register will be investigated to determine their current
status.
The archaeological survey for which funds are requested will seek to identify and
assess archaeological sites to compliment the architectural survey which is currently
being conducted in the remaining portions of the county. The survey will be
accomplished by background research and a reconnaissance level survey to identify areas
with a high probability of containing prehistoric and historic sites. High probability
areas will be further subjected to intensive surface survey as well as shovel and auger
testing where ground surface conditions prevent a surface appraisal.
In addition, the Planning Department will identify sections of the county where
future development is likely to occur. These areas will also be subjected to intensive
surface survey. Local artifact collectors and other persons knowledgeable of
archaeological and historic sites in Orange County will be interviewed and their
collections inventoried. All sites recorded will be subjected to a preliminary
evaluation in terms of their potential for meeting criteria of eligibility for
inclusion on the National Register of Historic Places.
After the field survey is completed, a final report will be prepared in
accordance with guidelines provided by the Office of State Archaeology. The results of
the archaeological survey as well as the architectural survey will be used in
completing the fourth phase of Orange County's program, curently scheduled for 1994.
That phase will consist of preparation of an Historic Preservation Element as part of
the Comprehensive Plan and nominations for the National Register of Historic Places.
With the assistance of a consultant, the Planning Department will prepare the Historic
Preservation Element. The consultant will also prepare the National Register
nominations.
All phases will be subject to local funding approval as well as the availability
of Planning and Survey Grant Funds. It should be noted that this application is for CLG
Survey and Planning Grant Funds. Although Orange County has not been designated as a
CLG, it will submit an application for such designation concurrently with this grant
application. If CLG designation is not made, Orange County requests that this
application be considered for non-CLG Survey and Planning funding.