Form-based codes are “A method of regulating development to achieve a specific urban form. Form-Based Codes create a predictable public realm primarily by controlling physical from, with a lesser focus on land use, through city or county regulations.”1 Based on their ability to regulate the form and design of the built environment while looking to historic patterns of development and existing architecture, it seems that formbased codes should go hand-in-hand with historic preservation. This thesis explores that possibility by analyzing three case studies in Nashville, Tennessee, and concludes that form-based codes do indeed have the potential for success in preserving the character of historic areas. / Introduction -- Evolution of land development regulations -- Form-based planning in Nashville -- Three Nashville case studies -- Form-based codes and historic preservation. / Department of Architecture

 With the increasing recognition of the importance of heritage conservation, it would not be adequate merely to control archaeological discoveries or to preserve items of historical interest. In this society where resources are scarce, rules have to be made for enabling the selection of what to keep and what not to, and if to be kept, how the heritage resources could be sufficiently protected. Under the present system, for instance, graded buildings afforded no legal protection save for Grade 1 buildings which may be qualified and ready to be declared as “monuments”. Also, there is no system for appeal if the building is graded against the owner’s will. Through the years, the Ordinance had not been reviewed to meet with the social development and has become obsolete and out-of-date. It is no longer able to give sufficient legal protection to the heritage conservation in Hong Kong. Following the Queen’s Pier incident and the Court of First Instance decision which will be discussed in details, the need for a more proper and comprehensive heritage protection legislation becomes more intense and imminent. One may recall that the Chief Executive had announced a range of initiatives on heritage conservation in the 2007-2008 Policy Address which was delivered on 10th October 2007. Yet, it is submitted that a policy initiative no matter how ambitious cannot be achieved without the foundation of a concrete legal framework. Objective standard and guidelines have to be established for future precedent. It is only by then certainty and sustainability on conservation can be achieved. The issues that we are going to discuss in this article is, by examining the development of heritage protection law of Hong Kong, whether Hong Kong, being part of China and a State Parties which have adhered to the World Heritage Convention, has afforded and taken sufficient legal measures in securing our cultural heritage. The recent judgment of the Court of First Instance has thrown light to the fact that our heritage legislation, namely the Antiquities and Monuments Ordinance is inadequate to safeguard some of the historically significant heritage in Hong Kong. There are of course counter-argument that conservation is a hindrance to urban development and possible impingement of private property right. In this dissertation, we will examine, from a legal point of view, how the legal framework of our system, insofar as heritage conservation is concerned, can be improved and/or modified or even advanced. / published_or_final_version / Conservation / Master / Master of Science in Conservation

Human occupation of the New England region of North America during the early Holocene has long been established archaeologically. However, the data exists almost solely from terrestrial sites. Vast portions of aerial land once available to early occupants of the area for resource procurement and living surfaces are now submerged. Underwater pre-Contact resources embedded in these submerged landforms will undeniably contribute to a holistic understanding of New England's cultural history. Examination of current archaeological procedures reveal that the archaeological standards, practices, and theories commonly employed in terrestrial archaeology are largely not being extended past the coastline into the underwater environment. This is due, in part, to the past history of professional skepticism regarding the preservation and accessibility of terrestrial archaeological deposits post-Holocene sea level rise. A report of global, submerged, terrestrial archaeology projects that show submerged, intact resources challenge this skepticism. A detailed review of an underwater survey in Boston Harbor, designed to predict, locate, and investigate submerged pre-Contact sites, is used as a case study to argue that these resources deserve the same rigorous study as terrestrial archaeological resources. Post-glacial deposition may act as an agent of preservation in New England waters, and past concerns of transgressive erosion are discussed in light of current geophysical research. Recommendations of how and why submerged pre-Contact archaeological resources should become commonplace within archaeological inquiry are supported by advances in technology, increased geophysical survey of the marine environment and knowledge of the prevailing laws governing archaeological resources underwater.

Three historic communities with varying levels of social, economic and historic preservation issues are studied in the following chapters to determine motivations for negotiating community benefits agreements (CBAs), and to determine motivations for the specific benefits outlined within each community’s respective CBA. The case study research examines the historic preservation language within each CBA as well as how the development itself and the other benefits prescribed in the CBAs will positively or negatively impact each community. The case study communities demonstrate that CBAs can be used as historic preservation planning and implementation tools. By including thoughtful and transparent community benefits language, a community will be able to use the tools – i.e. financing, technical assistance, advice and guidance, etc. – provided to them within the CBA to successfully carry out the benefits promised within the CBA. / Department of Architecture