City of St. Catharines Community Improvement Plan Office Consolidation May 2009
OFFICE CONSOLIDATION This edition is prepared for purposes of convenience only. For accurate reference, recourse should be had to: > By-law 2004-170 (adopted the Community Improvement Plan, included the Downtown Queenston Neighbourhood and Hartzel Road-Merritton Project Areas) > By-law 2005-226 (extended the Queenston Neighbourhood Project Area) > By-law 2005-325 (added 583 Welland Avenue as a Project Area) > By-law 2009-29 (amended programs, added the Oakdale Moffatt Project Area) THE ST. CATHARINES COMMUNITY IMPROVEMENT PLAN CONSISTS OF THE FOLLOWING: Part A... THE PREAMBLE does not constitute part of the actual Community Improvement Plan, but is included for reference. Part B... THE PLAN consists of text and Schedule A that identifies the Community Improvement Project Areas. 1
ST. CATHARINES COMMUNITY IMPROVEMENT PLAN TABLE OF CONTENTS PART A... THE PREAMBLE Introduction Background Issues Municipal Initiatives PART B... THE PLAN 1. Basis 2. Purpose 3. Community Improvement Project Areas 4. Objectives 5. Community Improvement Financial Incentive Grant Programs 6. Implementation 7. Monitoring and Amendments 2
PART A... THE PREAMBLE 3
ST. CATHARINES COMMUNITY IMPROVEMENT PLAN Part A... THE PREAMBLE Introduction The following Community Improvement Plan proposes a number of financial incentive programs to stimulate development/redevelopment initiatives in five (5) Community Improvement Project Areas - the Downtown, the Queenston Neighbourhood, the Hartzel Road-Merritton Area, 583 WeIland A venue and the Oakdale Moffatt Area. It is by way ofa Community Improvement Plan (previously requiring the approval by the Ministry ofmunicipal Affairs and Housing) that a municipality can offer financial incentives to private property owners in order to encourage private sector rehabilitation activities that are identified as community priorities in this Community Improvement Plan. On September 15, 2003, Council approved the designation ofthe Queenston and Hartzel Road - Merritton areas as Community Improvement Project Areas. On March 8, 2004, Downtown St. Catharines was also designated a Community Improvement Project Area, at the same time approving the use of financial incentives in the implementation of a Community Improvement Plan for the project areas. On July 19, 2004, the land known municipally as 583 WeIland Avenue was designated as a Commt1;nity Improvement Project Area. On September 29, 2008, Council approved the use of financial incentives in the implementation of a Community Improvement Plan for the Oakdale Moffatt area, in addition to previous approvals for other Community Improvement areas. On November 10, 2008, Council approved amendments to the provisions ofthe Community Improvement Plan to update the incentives in light ofthree years experience in implementing the program. The lands shown on Schedule A attached hereto as the Oakdale Moffatt Area are hereby designated as a Community Improvement Project Area. 4
Background The Municipality has been involved in community improvement programs since the 70's. These activities involved Federal, Provincial, and nlunicipal financing for infrastructure improvements. While these programs were important in upgrading both hard and soft services, they did very little to stimulate private sector investment. This Community Improvement Plan is the culmination of a number of studies - the St. Catharines Task Force on Downtown Revitalization (1997), The Comprehensive Development Strategy (2002) and the Smart Growth Studies Reclaiming Ground (2003) and Reclaiming Ground in the Neighbourhoods ofoakdale Moffatt (2007). These studies identified development/redevelopment opportunities, and proposed implementation strategies. The major strategy involves the use of financial incentives that entail the use ofpublic dollars in order to stimulate private investment in community improvement activities that will rejuvenate and revitalize the identified community improvement project areas. Community Improvement Plan Preparation The Community Improvement Plan process included a comprehensive public participation process. Issue papers were presented to the Downtown stakeholder groups - the Downtown Association, the Winner's Circle, the Chamber of Commerce and representatives from the development industry. Charrettes were held for the Queenston and Hartzel Road - Merritton areas. A public workshop was held for the neighbourhoods ofthe Oakdale Moffat area. Issues While each ofthe Project Areas has its own unique problems, there are also some common issues residential development, economic expansion, and area beautification. These issues are described below: The Downtown Expanding the residential population base is seen as the crucial factor in revitalizing the Downtown. An increased residential population base creates demand for a 24 hour downtown. More people in the Downtown means more eyes on the street and a safer environment. More Downtown residents demand more and better services that will benefit everyone who lives, works and visits Downtown. 5
One-way traffic is considered by some to be an obstacle to economic growth in the Downtown. While a number of municipalities have reverted to a 2-way system, it is too early to determine their effectiveness. There clearly is a general perception that the current system is not "pedestrian friendly". Parking also continues to be a major issue in the Downtown. The parking system is at or near capacity and this situation will only be exacerbated ifthe residential parking requirement is eliminated. In addition, employers who need to provide employee parking may choose to locate elsewhere. While the economic outlook for the Downtown has brightened, there are concerns that the gains are too narrowly focused, i.e. within the restaurant and bar sector. Other sectors such as business services and particularly those servicing the residential population need to be promoted. The beautification greening ofthe Downtown has always been a high priority. Even though beautification efforts are difficult to link directly to economic success, research in other jurisdictions, along with studies undertaken for the City of st. Catharines, show that attractive downtown spaces is an important variable to making downtowns a destination of choice for both residents and business investment. By building on the City's assets in the main street area, continued improvement will enable the City to economically diversify its downtown area. The Queenston Neighbourhood There is a need for aesthetic and functional improvement ofhighly visible components such as major intersections and key landmarks within the Queenston Neighbourhood to improve connectivity and aesthetics of the streets, to increase accessibility, improve character of adjacent neighbourhood, to promote reinvestment by local property owners, and to create a better balance of pedestrian spaces with the needs of vehicles. As noted above one way traffic has its drawbacks. In order to consolidate the individual blocks, to simplify traffic circulation and to improve roadway capacity the reconfiguration of the QueenstonJChurchlNiagaraiWelland/Geneva junction's one way system should be considered. Providing opportunities and flexibility for economic growth within the Queenston Neighbourhood is essential for re-vitalization. The loss of the st. Catharines General Hospital and its impact of the greater neighbourhood will require additional study and a specific redevelopment plan. 6
Transfonnation of the community into a vibrant neighbourhood through residential redevelopment on vacant and under utilized lands in the neighbourhood and the provision of goods and services within the neighbourhood is needed. Residential renewal over time through smaller scale residential intensification and re-development to higher profile sites such as Stokes Seed building on Davidson Street, lands north and east ofmitchell Street is desirable. The Hartzel Road - Merritton Area The Hartzel Road -Merritton Area is in a state of transition. Low order commercial uses along the corridor suggest a need to shift the focus of the area. An intensification of residential uses along the Hartzel Road/Merritt Street strip in conjunction with the commercial community along will provide incremental renewal to the area. New residential uses are ideally suited on a number of the vacant and under utilized parcels in particularly those that are outside ofthe Hartzel Road corridor. Both the Domtar Steam Plant and Paper Mill have closed. The corridor has several vacant store fronts in both the Merritton town centre and along Hartzel Road. There are a large number of used car dealers along the street which indicates a low demand for high order commercially zoned lands. Building upon the existing strengths such as the well maintained historic buildings in Merritton, and the active commercial plaza at Battersea Avenue will be the catalyst for revitalization. Increasing the attractiveness ofthe overall area and establishing a high standard ofdesign in public spaces to serve as a model for private sector initiatives and to provide unique and vibrant amenity through streetscaping and nodal improvements along the corridor is desirable. Hartzel Road should be considered for reduced lane width reconfiguration since the northern tenninus is at-intersection and south of Oakdale it is a two lane cross section which will not be widened in the foreseeable future. Similarly reconfiguration of Glendale/Merritt Street intersection would provide better connectivity. 583 W elland Avenue On July 19 th, 2004, a property known municipally as 583 Welland Avenue was designated as a Community Improvement Project Area. The vacant 10 acre site, fonnerly a scrap yard, has significant contamination problems involving heavy metals and PCB's. As well, there are outstanding orders from the Ministry ofthe Environment to remediate the site. The intent is to clean up and develop the property for residential development. 7
Oakdale Moffatt Oakdale Moffatt contains a variety of vacant and underutilized residential lands. These lands represent an ideal opportunity to increase the number ofdwelling units in this community, while removing poorly maintained vacant and underutilized lots that are interspersed amongst this otherwise stable community. Further, several longstanding land use conflicts exist in the community associated with non-confornling conlmercial and remnant industrial uses. These sites represent opportunities to remove the existing land use conflicts through redevelopment for residential uses. New residential uses anticipated for Oakdale Moffatt will achieve higher residential densities while respecting the existing built form and character ofthe conlmunity. Rejuvenating Oakdale Avenue and the former Welland Canal valley lands will not only increase the physical attractiveness ofoakdale Moffatt, but will increase interest in the rich heritage of the canal, and the attraction on the Merritt Trail, two key amenities in this community. Enhanced streetscaping ofoakdale Avenue will link this thoroughfare with the adjacent valley lands and the heritage artifacts they contain. Improving the trail connections and enhancing the trail infrastructure over the long term will attract new users and strengthen the valley lands as a vital green linkage in the City. Municipal Initiatives A number of financial incentives are recommended to address the above-noted issues. THE DOWNTOWN That the parking requirenlents in the zoning by-law for all residential development/redevelopment be eliminated That a study be initiated to determine if there is a link between two-way traffic and the economic success of downtown That alternatives (e.g. traffic calming) to the existing traffic patterns to promote "people friendly" environment be examined a more That a parking master plan be prepared outlining parking demand, expansion opportunities, and enforcement options That a strategy to green surface parking lots be developed to ensure compatibility with the Downtown "people friendly" environment That the Municipality establish partnerships with Downtown stakeholders to expand streetscape initiatives and create greenspaces That streetscaping guidelines be developed and priority areas established 8
That all infrastructure projects include streetscaping/greening initiatives That urban design guidelines be developed for both the residential and commercial areas of the Downtown That gaps in the Downtown Commercial Sector be identified and a program to recruit appropriate businesses be established That a comprehensive marketing program be prepared to provide information to developers, owners, citizens and potential investors. The Queenston Neighbourhood & Hartzel Road-Merritton Area The Official Plan Amendments including creation of secondary plans for both the Queenston Neighbourhood and Hartzel Road - Merritton Area incorporating the recommendations ofthe study Reclaiming Ground; That zoning by-law amendments be implemented that creates additional opportunities for housing and flexibility to stimulate redevelopment; That master plans be developed for Mountain Locks Park, and Centennial Park; That a traffic study be undertaken to determine ifhartzel Road could be reconfigured from four lanes to three lanes plus bicycle lanes; That urban design guidelines be developed for commercial and residential re-development; That the historic and tourist value of the BME Church continues to be built upon in partnership with the City including the development of a BME Freedom Park on lands adjacent to the Church; That on-street and off-street traillhicycle connections along Queenston Street, Church Street, Hartzel Road and Rockwood A venue be developed in keeping with the City's and the Regional Municipality of Niagara's cycle and trail master plans that will improve cycling connections across the City; That streetscaping guidelines be developed that increase attractiveness ofpedestrian areas, improve overall image ofthe areas and establish a high standard ofdesign in public places as a model for private sector development; That priority for streetscaping be focused on the Hartzel Road, Merritt Street, and Glendale Avenue in the Hartzel Road - Merritton Area; W ell and Avenue, Church Street, Niagara Street, Eastchester Avenue and Queenston Street in the Queenston Neighbourhood; That the use of the Trillium Rail spur lines for the creation of the Trilliunl Trail be investigated; 9
That the intersection of Merritt Street and Glendale Avenue be rationalized to improve the east-west traffic flow through the Merritton Area; That a traffic study be undertaken to investigate the possibility of re-configuration of the junction ofthe intersections ofchurch Street, Queenston Street, Niagara Street, and st. Paul Street to simplify driver orientation and improve vehicle flow. Oakdale Moffatt The Hartzel Road Merritton Secondary Plan is to be amended to incorporate recommendations ofthe Reclaiming Ground In the Neighbourhoods of Oakdale Moffatt; That zoning by-law amendn1ents be implemented that create additional opportunities for housing and flexibility to stimulate redevelopment; That urban design guidelines be developed for residential redevelopment to ensure new development fits within established neighbourhoods; That streetscaping guidelines be developed that increase attractiveness ofpedestrian areas, improve the overall image ofthe area and establish a high standard ofdesign in public places that will act as a model for private sector development; That continued effort be focused on achieving recognition of the former WeIland Canal valley lands as a National Heritage Site, and securing funding from all levels ofgovernment for improvements to the valley lands and heritage features. Regional Niagara fully endorses the use offinancial incentives to encourage community renewal and "smart growth" initiatives, i.e. redevelopment and intensification within existing urban areas as a financially viable alternative to "Greenfield" development. The City's programs will be coordinated with any programs that the Region can offer. 10
PART B... THE PLAN 11
Part B... The Plan 1. Basis The City of st. Catharines Official Plan outlines a number of"goal Statements" that are deemed necessary to achieve a desired quality of life. Among them is the land use goal to: "Arrange land uses and organize urban growth so as to promote economy, efficiency, order, aesthetics, compatibility, and flexibility for future changes." Recent initiatives (e.g. Smart Growth and Brownfields) are now focusing on limiting the effects of urban sprawl, protecting the surrounding agricultural lands, and improving existing neighbourhoods. It is understood that the challenge ofdirecting growth into existing neighbourhoods, and promoting the intensification and reuse of vacant buildings and underutilized properties requires a more participatory role for municipalities. That is, there is a need to actively partner with the private sector in order to strategically guide new development. In some cases, such partnership may require a public financial commitment. To effect these types ofinitiatives, the City ofst. Catharines, in May 2003, revised its Official Plan Policies related to community improvement. New policies were added to encourage the establishment of private/public partnerships, and promote the development of financial incentive programs to assist in achieving community goals. Subsequently, three areas (Downtown, Queenston, and Hartzel Road-Merritton) were identified as prime areas for community improvenlent activities and were designated (Downtown - March 8, 2004, Queenston & Hartzel Road - Merritton September 15, 2003) as Community Improvement Project Areas. On July 19, 2004, the land known municipally as 583 Welland Avenue was designated as a Community Improvement Project Area to which it is intended that the Community Improvenlent Plan will apply. On September 29, 2008 the Oakdale Moffatt Area was approved by Council for inclusion as a Community Improvement Project Area and accordingly subject to the Community Improvement Plan. On November 10, 2008, Council approved amendments to the provisions of the Community Improvement Plan to update the incentives in light of three years experience in implementing the program. The lands ofthe Oakdale Moffatt Area are hereby designated as a Community Improvement Project Area as per Schedule A attached hereto. Although Section 106(1) ofthe Municipal Act, 2001 prohibits "bonusing" ofmanufacturing business or other industrial or commercial enterprise, an exception is made in Section 106(3) of the Municipal Act, 2001 for municipalities exercising powers under Section 28(6) or (7) ofthe Planning Act. Section 28 of the Planning Act allows municipalities with provisions in their official plans relating to community improvement to designate by by-law a "community improvenlent project area". Once this is done, a municipality may prepare a "community improvement plan" for the community improvement project area. 12
According to Section 28(1) ofthe Planning Act, a "community improvement project area" is defined as "a municipality or an area within a municipality, the community improvement of which in the opinion ofthe council is desirable because of age, dilapidation, overcrowding, faultyarrangenlent, unsuitability of buildings or for any other environmental, social or community economic development reason". F or the purposes ofcarrying out a CIP, a municipality may engage in the following activities within the community improvement project area: a) acquire, hold, clear, grade or otherwise prepare land for community improvement (28(3)); b) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan (28(6)); c) sell, lease, or otherwise dispose ofany land and buildings acquired or held by it in the community improvement project area in conformity with the community improvement plan (28(6)); and, d) make grants or loans to registered owners, assessed owners and tenants oflands and buildings within the comnlunity improvement proj ect area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with the community improvement plan (28(7)). 2. Purpose The purpose ofthe Community Improvement Plan is to: establish a program of financial assistance to stimulate private sector investment in the rehabilitation and improvement of the designated Community Improvement Project Areas coordinate private/public works to make the most efficient use of the public infrastructure 3. Community Improvement Project Areas The Community Improvement Plan includes the following project areas: The Downtown The Queenston Neighbourhood Hartzel Road Merritton 583 WeIland Avenue Oakdale Moffatt These areas are shown on Schedule A attached hereto. 13
4. Objectives The objectives ofthe Community Improvenlent Plan are: a) to stimulate investment in public and private lands b) to encourage private/public partnership ventures c) to encourage residential development/redevelopment d) to stimulate the redevelopment of vacant and underutilized properties e) to enhance the physical appearance of the project areas f) to incorporate "smart growth" principles in all development/redevelopment projects 5. Community Improvement Financial Incentive Grant Programs The City of St. Catharines has been impacted by the introduction oftwo Provincial documents. The Provincial Policy Statement, which was issued under Section 3 ofthe Planning Act and came into effect March 1, 2005, establishes the policy foundation for regulating the development and use of land. The policies ofthe Provincial Policy Statement may be complemented by provincial plans or by locally-generated policies regarding matters of municipal interest. Provincial plans and municipal official plans provide a framework for comprehensive, integrated and long-term planning that supports and integrates the principles of strong communities, a clean and healthy environment and economic growth, for the long term. Sufficient land shall be made available through intensification and redevelopment and, ifnecessary, designated growth areas to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon ofup to 20 years. The Growth Plan for the Greater Golden Horseshoe. 2006 approved under the Places to Grow Act, 2005 and took effect on June 16, 2006 provides for increasing intensification of the existing built-up area, with a focus on urban growth centres, intensification corridors, major transit station areas, brownfield sites and greyfields. The revitalization ofurban growth centres is particularly important, not only because they can accommodate additional people and jobs, but because they will increasingly be regional focal points for meeting places, locations for cultural facilities, public institutions, major services, and transit hubs. 14
In order to implement the Objectives ofthe Community Improvement Plan in concert with the two Provincial documents (The Provincial Policy Statement, The Growth Plan for the Greater Golden Horseshoe, 2006), the following incentive progranls are offered. The grant programs are intended to stimulate private sector investment in rehabilitation / redevelopment activities in the Community Improvement Project Areas. Funding for the grant programs is contingent upon annual budget approval. The tax incentive programs are offered as property tax rebate programs in partnership with the Province, the Region and the City. The Brownfield Financial Tax Assistance Program and the Brownfield Tax Increment Based Incentive Grant Program support the rehabilitation and redevelopment ofbrownfield sites within the Community Improvement Project Areas. The Tax Increment Based Incentive Grant Program supports the redevelopment of nonbrownfield sites within the Community Improvement Project Areas. The following grant and tax incentive programs will be available until December 31 st, 2014 subject to Council Approval of the annual budget allocation for these programs. a) Residential Conversion and Intensification Grant Program Grants will be made available to applicants for the conversion ofnon-residential space to residential units, and the rehabilitation of residential space to provide additional residential units. Grants will be available equal to 15% ofthe construction cost to a maximum of$5,000 per residential dwelling unit. Eligible costs include the cost ofmaterials, equipment, and contracted labour. The cost of a study to determine the feasibility of undertaking the rehabilitation project may be eligible subject to consultation with the City. Grants will be paid upon completion ofthe work and approval by the City. 15
b) Residential Construction Grant Program Grants will be made available to applicants for the construction ofresidential units. This incentive program is intended to stimulate investment by the private sector in those areas targeted by the City for infill or the intensification ofunderutilized sites i.e. areas where private investment might not otherwise happen. Priority will be given to apartments and townhouse units. Proposed rental projects will be the highest priority. Grants will be made available equal to 150/0 of the construction cost to a maximum of $12,500 per residential dwelling unit for residential developments of five or more residential dwelling units to a maximum of 50% of the annually approved Community Improvement Plan Grant Budget. For residential developments of five or more residential dwelling units within the Downtown Community Improvement Area and / or the Provincially Designated Urban Growth Centre and are individually owned (e.g. condominium unit), the maximum of the overall grant (50% of the annually approved Community Improvement Grant Budget) will be removed subject to Council ApprovaL Projects with four or less residential dwelling units will only be eligible to apply for the financial incentive "Municipal Application and Permit Fees Refund Program." Eligible costs include the cost ofmaterials, equipment, and contracted labour. The cost of a study to determine the feasibility of undertaking the rehabilitation project may be eligible subject to consultation with the City. Grants will be paid upon completion ofthe work and approval by the City. c) Facade Improvement Grant Program Grants will be made available to assist commercial building owners to improve/restore building facades. Grants will be available equal to 50 percent ofthe eligible costs to a maximum of$10,ooo per building. Area Advisory committees will be established to develop design guidelines and program criteria. Grants will be available upon completion ofthe work and approval by the City. 16
d) Brownfield Financial Tax Assistance Program (BFT AP) The purpose ofthe Brownfield Financial Tax Assistance Program (BFT AP) is to provide tax relief to brownfield sites in the Community Improvement Project Areas during the rehabilitation period. Definition The City of st. Catharines defines an eligible brownfield site as a property: that is included under Section 28 ofthe Planning Act in a community improvement project area for which a community improvement plan is in effect containing provisions in respect of tax assistance under this section; and, that is typically abandoned, vacant, idle or underutilized industrial or commercial properties; and where soils or water may be contaminated as a result ofpast practices or uses ofthe site or neighboring properties; and that is subject to redevelopment (e.g. a change in use); and for which a phase two environtllental site assessment has been conducted; and, that, as ofthe date the phase two environmental site assessn1ent was completed and does not meet the standards that must be met under subparagraph 4 i of Sub-section 168.4 (1) ofthe Environmental Protection Act to permit a record ofsite condition to be filed under that subsection in the Environmental Site Registry. Legislative Authority The legislative authority for the Brownfield Financial Tax Assistance Program is established under Sub-section 365.1 (2) of the Municipal Act, 2001 which allows municipalities to pass a by-law providing tax assistance to an eligible property in the form of a freeze or cancellation of part or all ofthe taxes levied on that property. Applications under this program will be processed in accordance with the provisions of the Municipal Act. Program Description The BFT AP provides for the cancellation of the property taxes for the period immediately following the approval ofthe Brownfield Financial Tax Assistance Progran1 By-law (BFTAP By-law) and continue during the Rehabilitation Period. The tax assistance will continue for the shortest ofthe following periods, up to three years or the period up to when the Owner advises the City that rehabilitation has been completed. The BFT AP applies only to an eligible brownfield site and is subject to Ministry of Finance approval for the education portion. The amount oftax assistance provided will be determined during the application phase to ensure the value ofthe tax exemption does not exceed rehabilitation costs (see Eligibility Criteria and Requirements) over the maximum three (3) year period. 17
The following are conditions which shall be included in the Brownfield Financial Tax Assistance Program Agreement (BFT AP Agreement): That the tax assistance be suspended for a subject property where an Owner has not paid all ofthe taxes on a subject property for the previous years in the Rehabilitation Period, subject to any specific exceptions provided for in the BFT AP By-law and / or the BFT AP Agreement; That the tax assistance becolnes liable for payment in full, with interest, for all tax assistance granted during the Rehabilitation Period for the property, where the Owner defaults on any of the conditions as detailed in the BFTAP By-law and / or the BFT AP Agreement requirements as authorized by the Municipal Act, 2001; That the Owner file with the City of st. Catharines an annual update on the environmental contamination, the rehabilitation activities and costs incurred to date, the remaining estimated costs, an estimated duration ofthe Rehabilitation Period, and other matters that may be required as detailed in the BFT AP By-law and / or the BFT AP Agreement; and That the City of st. Catharines forward the annual update to the Ministry of Municipal Affairs and Housing as required in the BFTAP Bylaw. In addition, the education portion, ifapproved, and municipal portion ofthe tax assistance will terminate at the earliest ofthe following dates: The point ofseverance or subdivision; The point of sale or conveyance; or, The end ofthe Rehabilitation Period; or, The date that the tax assistance and grants equals the accumulated eligible rehabilitation costs; or, The date stipulated in the BFTAP By-law. 18
a) Municipal Portion of Property Tax Assistance The municipal portion ofthe property tax assistance is limited to the Rehabilitation Period ofthe project. The municipal portion ofthe property tax assistance will start at the beginning of the Rehabilitation Period and shall not extend beyond the Rehabilitation Period outlined in Sub-section 365.1 ofthe Municipal Act, 2001. The purpose ofthis tax assistance element is to give financial relief to proponents during the rehabilitation period. For the BFTAP By-law, the City will request a Resolution from the Regional Municipality ofniagara Council for Participation in this Program. b) Education Portion of Property Tax Assistance The Minister offinance may match the City's tax assistance provided to a property owner through the education portion of the property tax. The exemption may take place during the Rehabilitation Period subject to the definitions and Program termination requirements established by Sub-section 365.1 of the Municipal Act, 2001. The education portion ofthe property tax assistance must be applied for, on a property-by-property basis, specifically to the Minister offinance prior to Council by-law approval. The education portion ofthe property tax assistance may be delivered on a different timetable from the municipal portion ofthe property tax for the given property. The conditions imposed by the Minister of Finance for the education portion of the property tax assistance under Sub-section 365.1 of the Municipal Act, 2001, may differ from those outlined in this Community Improvement Plan. Eligibility Criteria and Requirements The following is a list ofthe minimum criteria and requirements to be met in order to qualify for the BFT AP. This list is not exhaustive and the City reserves the right to include other criteria or requirements as deemed necessary on a site specific basis. Applications submitted for the BFT AP shall be reviewed by the City's Planning Services Department. Properties which meet the guidelines will be required to enter into a BFT AP Agreement prior to the adoption of the BFTAP By-law. It is important to note that an Application for Matching Education Property Tax Assistance will be forwarded by the City to the Ministry of Municipal Affairs and Housing in order to obtain the approval ofthe Minister offinance for matching the education portion of the property tax included in the BFTAP By-law. a) None of the requirements outlined below for the BFTAP (and / or the associated expenditures) will be offered retroactively for rehabilitation activities undertaken prior to approval by Council regarding this Community Improvement Plan Amendment without the approval ofcity CounciL 19
b) Council approval will only apply to the municipal portion ofproperty taxes. c) Eligible sites must be located within the Community Improvement Project Areas. d) Properties eligible for the BFT AP must have a Phase II Environmental Site Assessment (ESA) completed and, as a result of this assessment, the property requires environmental rehabilitation to permit a Record ofsite Condition (RSC) to be filed with the Environmental Site Registry. The proponent shall submit a completed Phase II ESA, Remedial Work Plan or risk assessment, which shall have been prepared in conformity with the Environmental Protection Act, in support ofa Brownfield Financial Tax Assistance Program Application with respect to the BFTAP components ofthe Program. The BFT AP applies only to properties that are contaminated. e) In order to be eligible for any BFT AP tax assistance, eligible properties shall not be in tax arrears. Local Improvement charges, Drainage Act charges, Tax Capping charges and all other charges ofthe City must be paid throughout the entire period that the BFT AP is in effect. t) Outstanding work orders and / or orders or requests to comply from the Transportation and Environmental Services Department, Fire Services or, any other municipal department, must be satisfactorily addressed prior to any BFT AP tax assistance. g) Proponents of eligible properties shall include only the property owners or their assignees. h) The proponent shall declare ifthe proposed property is designated under Part IV of the Ontario Heritage Act. i) The proponent shall submit the appropriate completed application(s) with the appropriate supporting documentation to the City. j) The proponent shall submit a development proposal and concept plan for the eligible property to the City. k) The proponent shall release all environmental information about the eligible site to the City. 1) All proponents participating in the BFTAP shall enter into a BFT AP Agreement with the City that will specify the terms and conditions of the brownfield, planning and environmental approvals along with the BFTAP tax assistance to be received. 20
m) The following items will be considered as "Eligible Expenditures" under the BFTAP: The cost of Phase I, Phase II Environmental Site Assessments or a Site Specific Risk Assessment [SSRA] (1000/0); The cost of environmental rehabilitation (100%); The cost ofplacing clean fill and grading (1000/0); The cost ofobtaining a Record of Site Condition (100%); The cost of financing (interest charges) of preparing the studies and undertaking the rehabilitation (100%); The cost of the insurance premium to guarantee the rehabilitation will be completed (100%); Removal of waste nlaterials (100%). n) Tax assistance will only apply during the Rehabilitation Period of the project in accordance with the BFT AP By-law. 0) The education portion ofthe property tax assistance shall require the approval ofthe Minister offinance. p) The subject property shall not be in tax arrears prior to the disbursement ofany grant money. q) Municipal property taxes are being paid on the subject property. Program Administration The Planning Services Department will be responsible for administering the BFT AP in consultation with other municipal departments as necessary, subject to Council approving an application under the BFT AP. Applicants will be required to have a pre-application consultation meeting with City Staff in order to determine program eligibility, proposed scope ofwork, project timing, etc. Applications shall be submitted to the Planning Services Department as early as possible and shall include a detailed work plan, development proposal and concept plan and cost estimate(s) for the proposed eligible works. Said work plan and Eligible Expenditures Estimates will be supported by a Phase II ESA and / or SSRA undertaken by a qualified person that identifies the estimated cost ofrehabilitation to permit a Record ofsite Condition (RSC) to be filed with the Environmental Site Registry. The City may also require a Business Plan. Before an application is formally accepted, City Staff will review the proposed application. Ifthe proposed application clearly does not meet the program eligibility requirements, the application will not be accepted. Acceptance ofan application by the City in no way implies tax assistance approval. 21
Program eligibility will be determined by the Planning Services Department in consultation with other municipal departments as necessary. Applications will be recommended for approval only ifthey meet the criteria specified in this Plan and any other requirements ofthe City. Applications under this program will be processed in accordance with the provisions ofthe Municipal Act. The Owner shall submit to the Ministry of the Environment a signed Record of Site Condition prepared by a qualified person and, the Owner shall submit to the City an acknowledgment of receipt of the Record of Site Condition by the Ministry of the Environment. The City reserves the right to require the submission to the City's satisfaction, environmental reports and documentation showing the subject property has been remediated to allow the proposed use. e) Brownfield Tax Increment Based Incentive Grant Program (BTIGP) The Brownfield Tax Incren1ent Based Incentive Grant Program (BTIGP) is intended to provide financial incentives in the form of grants to property owners who undertake appropriate development or redevelopment ofproperties in the Community Improvement Project Areas that increase property assessment resulting in increased municipal property taxes. It is important to note that the annual grant is paid to the registered Owner of the property (unless directed in writing otherwise) based on the Supplementary Notice received from the Municipal Property Assessment Corporation and subject to the Grant Program General Provisions. This incentive program is meant to stimulate investment by the private sector that would otherwise not take place by providing an eligible property Owner with a grant equivalent to a portion of the resultant municipal property tax increases. It is anticipated that the nature ofthe redevelopment will be in the form of conversion and / or intensification of a brownfield site which result in increased taxes. In order to minimize the cost and financial risk to the City, the BTIOP will be structured as a "pay-as-you-go" grant. The Owner will be responsible for the entire cost of the redevelopment project and, the City may reimburse the property Owner for the eligible cost ofimprovements in the form of an annual grant. Each year, the property Owner must first pay all property taxes. The City may then provide a grant equivalent to the approved portion of the increase in municipal taxes resulting from the property improvements. The total amount of an approved grant provided under this program shall not exceed the cost of redevelopment ofthe brownfield site under eligible program costs as noted in Grant Program General Provisions. It is important to note that the City may request Regional Municipality ofniagara participation in this Program. The Owner is required to pay the full allocation of the education portion ofthe taxes from the commencement of this Program. 22
Duration The BTIGP will commence upon execution ofthe agreenlent and the request by the applicant to commence payment. Grant applications will not be accepted after the termination ofthe st. Catharines Community Improvenlent Plan (as Approved by Council). Participants in the program will continue to receive the approved grants as determined through the BTIGP Agreement with the City. All grants will cease upon the earliest ofthe following: Calculation a) when total grant payments provided under this program equal the total value ofthe redevelopment work done under the eligible program costs (see Grant Program General Provisions) that resulted in the increased assessed value; or b) ten (10) years after written notification has been received from the Owner requesting the commencement of payments as provided for in the BTIGP Agreement. The BTIGP may provide a maximum grant which is the equivalent of80% ofthe increase in the municipal portion ofproperty taxes to a maximum ofthe redevelopment costs or eligible costs. The amount ofmunicipal taxes ("base rate") will be determined at the time the Brownfield Tax Increment Based Incentive Grant Program Application is submitted. The increase in the municipal portion ofthe property taxes (or "municipal tax increment") will be calculated as the difference between the base rate and the amount ofmunicipal property taxes levied as a result of the re-evaluation by the Municipal Property Assessment Corporation (MPAC) following project completion or, at Year One, whichever is the earlier date. It is important to note that the "base rate" will be the amount of municipal taxes assessed against the property at the commencement ofthe BTIGP. Properties participating in the BTIGP that are cleared or partially cleared ofstructures after the date of the Program start, and left undeveloped for a period greater than two (2) years prior to participating in the Program, shall have as a starting point for the Program or base rate, the amount of municipal property taxes levied as of the day prior to the removal of buildings. This program does not exempt property Owners from increases / decreases in municipal taxes due to municipal tax rate changes or, relating to Provincial legislation or, from changes in assessment for any other reason. The actual component of costs of the work done, as identified under the eligible program costs (see Grant Program General Provisions), will be supplied to the City upon completion ofthe project. Payment ofthe grant will be based on the City's review and satisfaction with all reports and documentation submitted outlining the full scope of the work completed. 23
Ifduring the course ofthe work, the scope ofthe work changes or, actual costs are greater or less than the estimated costs, the City reserves the right to increase or decrease the total amount of the grant. The actual grant amount will be based on actual increase in the municipal portion ofthe property taxes calculated on the difference between the base rate and the municipal property taxes based on the new assessed value by the MP AC following project completion or, at Year One, whichever is the earlier date. The City may discontinue the BTIGP at any time. However, participants in the program prior to its termination will continue to receive the approved grants as determined through the BTIGP Agreement with the City. A review ofthe BTIGP will be undertaken by Staff as directed by Council and / or prior to the end ofthe Community Improvement Plan (December 31 st, 2014). Grant Program General Provisions All Owners of property within the Conlmunity Improvement Project Areas are eligible to apply for funding under this grant program subject to the general program requirements of the BTIGP, the availability of funding as approved by City Council and the following requirements, nanlely: a) the BTIGP will not be offered retroactively for redevelopment activities undertaken or costs incurred prior to approval by Council regarding this Community Improvement Plan Amendment without approval by City Council; b) any property Owner wishing to be considered for a grant under this program must complete and submit an Application for Financial Incentive Grant Programs to the City prior to the commencement ofany works and prior to an application for a Demolition Permit and / or a Building Permit; c) as a condition ofthe grant application, the City may require the applicant to submit a Business Plan acceptable to the City; d) applications for this program must include detailed works plans and cost estimates supported by a Phase II Environmental Site Assessment and / or a Site Specific Risk Assessment. Written invoices from contractors and other professionals must be provided for all other eligible works; e) applications for this program must include an Assessment Estimate prepared by the Municipal Property Assessment Corporation, a preliminary Site Plan and Architectural Elevation Drawings; 24
t) the property Owner will be responsible for the entire costs of the redevelopment of the project. When the project is complete, a grant of a portion of the City and Regional taxes will be paid annually following the payment of all taxes by the Owner; g) if the redevelopment does not result in residential intensification, increased commercial floor area and / or industrial redevelopment I change in use which results in an increase in assessment as evidenced by a Supplementary Notice fronl the Municipal Property Assessment Corporation, there will be no grant; h) eligible program costs contemplated by t) above include the costs of: i) removal ofdebris including all site infrastructure and general improvements for structural safety purposes to meet the minimum requirements of the Ontario Building Code; ii) removal ofwaste materials (100%); iii) iv) site preparation including construction I improvement ofonsite public works (e.g. water services, private sanitary and storm drains and / or pri vate sewers, watermains, roads, curbs and gutters, catchbasins, hydro, gas and communication services); expenses related to the relocation of sanitary sewers, storm sewers and watermains within the same property boundaries; v) demolition of all buildings and structures together with removal and disposal of all materials and debris; vi) vii) viii) ix) capital expenditures for existing building renovation and lor new building construction, includes accessibility costs; any streetscaping, landscaping, enhancement and any aesthetic beautification as may be required beyond the City's normal requirement; all legal fees, consulting fees and financing costs, preparation of a business plan, preparation of professionally prepared drawings, expenses related to designated Heritage Buildings and / or properties as they relate only to specific eligible costs identified above; sound barriers, gas migration trenches; and 25
x) Municipal Property Assessment Corporation Assessment Estimate i) the Owner shall request in writing the payment of the grant following the payment of the full year ofproperty taxes for the subject property based on the Supplemental Tax Assessment by the Municipal Property and Assessment Corporation annually for the subject period; j) the Owner will provide a Statement of Expenditures made for the redevelopment ofthe site(s). Each ofthe expenditures must be included as an eligible program cost and meet the eligibility criteria and requirements ofthis Community Improvement Plan before a grant is approved; k) the Owner will provide copies of all invoices received that refer to the redevelopment ofthe site(s); 1) the Owner will provide copies of all cancelled cheques (front and back) indicating payment for all contractor and I or professional invoices; m) the Owner will provide a statutory declaration by or on behalf ofthe Owner stating that the Owner has paid all accounts that have become due and payable in connection with the redevelopment and construction, installation and maintenance ofthe building(s) and services and that all requirements of the Construction Lien Act have been complied with; n) the City will have the right to request an independent audit of these expenditures to ensure that these costs are actual costs, at the expense ofthe property Owner; 0) the Owner will provide a statutory declaration by or on behalf ofthe Owner stating that there are no outstanding work orders and lor orders or requests to comply from any City Department or other regulatory authority in respect of the redevelopment, the property and the business ofthe Owner conducted on the lands located on the site; p) all approved property Owners in the Program will be required to enter into a BTIGP Agreement with the City which will specify the terms ofthe grant. All Applications and Agreements must be approved by City Council; q) municipal property taxes are being paid on the subject property; r) the subject property shall not be in tax arrears prior to the disbursement of any grant money; 26
s) if a building(s) erected on a property participating in this progranl is demolished before the grant period expires, the remainder ofthe monies to be paid out under this grant shall be forfeited and any previous monies paid out may be forfeited and repayable to the City; t) proposed developments will conform to all legislation and regulations and applicable Ministerial guidelines and approvals; u) outstanding work orders and / or orders or requests to comply from other commenting departments and / or agencies, must be satisfactorily addressed prior to grant approval and / or processing; v) ifthe property is sold in whole or in part before the end ofthe time period as stated in the BTIGP Agreement, the applicant shall be entitled to the remaining grant payments under the original BTIGP Agreement unless directed otherwise in writing; w) grant payments shall be made within 60 days following receipt of all ofthe above-noted information. Program Administration The Planning Services Department will be responsible for administering the BTIGP in consultation with other municipal departments as necessary, subject to Council approving an application under the BTIGP. Applicants will be required to have a pre-application consultation meeting with City Staff in order to determine program eligibility, proposed scope ofwork, project timing, etc. Applications shall be submitted to the Planning Services Department as early as possible. The Owner will be required to obtain "An Assessment Estimate of the Proposed Development from the Municipal Property Assessment Corporation" at his / her expense. The Application shall also include a Preliminary Site Plan, Architectural Elevation Drawings and Eligible Program Cost Estimates. It is understood that a complete application under the BTIGP must be received in the Planning Services Department prior to an application for a Demolition Permit and / or a Building Permit is received in the Transportation and Environmental Services Department. Before an application is formally accepted, City Staff will review the proposed application. If the proposed application is not in the Community Inlprovement Project Areas or, the proposed application clearly does not meet the program eligibility requirements, the application will not be accepted. Acceptance ofthe application by the City in no way implies grant approval. 27
Program eligibility will be determined by the Planning Services Department in consultation with other municipal departments as necessary. Applications will be recomn1ended for approval only ifthey meet the criteria specified in this Plan and any other requiren1ents ofthe City. Once Council approves the Brownfield Tax Increment Based Incentive Grant Program Application, the BTIGP Agreement and the BTIGP By-law, the BTIGP Agreement will be executed by City Officials. The agreement may be registered on title in the Land Registry Office and, a copy forwarded to the Owner. A copy ofthe By-law will be forwarded to the Regional Municipality ofniagara. The BTIGP will cease upon the earliest ofthe following: 1. when total grant payments provided under this program equal the total value of the redevelopment work done under the eligible program costs that resulted in the increased assessed value; or 2. ten (l0) years after written notification has been received from the Owner requesting commencement ofpayments as provided for in the BTIGP Agreement; Prior to the issuance ofthe grant cheque(s), the City will verify that all requirements ofthe grant program to date have been met. f) Tax Increment Based Incentive Grant Program (TIGP) The Tax Increment Based Incentive Grant Program (TIGP) is intended to provide financial incentives in the form ofgrants to property owners who undertake appropriate development or redevelopment ofproperties in the Community Improvement Project Areas that increase property assessment resulting in increased municipal property taxes. It is important to note that the annual grant is paid to the registered Owner of the property (unless directed in writing otherwise) based on the Supplementary Notice received from the Municipal Property Assessment Corporation and subject to the Grant Program General Provisions. This incentive program is meant to stimulate investment by the private sector that would otherwise not take place by providing an eligible property Owner with a grant equivalent to a portion ofthe resultant municipal property tax increases. It is anticipated that the nature of development and / or redevelopment will be in the form ofconversion and / or intensification ofunderutilized sites for residential, commercial or industrial uses. 28
In order to minimize the cost and financial risk to the City, the TIGP will be structured as a "pay-as-you-go" grant. The Owner will be responsible for the entire cost of the redevelopment project and, the City may reimburse the property Owner for the eligible cost ofimprovements in the form of an annual grant. Each year, the property Owner must first pay all property taxes. The City may then provide a grant equivalent to the approved portion of the increase in municipal taxes resulting from the property improvements. The total amount of an approved grant provided under this program shall not exceed the cost of redevelopment for the lands and buildings under eligible program costs as detailed below. It is important to note that the City may request Regional Municipality ofniagara participation in this Program. The Owner is required to pay the education portion ofthe taxes. Duration The TIGP will commence upon execution of the Tax Increment Based Incentive Grant Program Agreement (TIGP Agreement) and the request by the applicant to commence payment. Grant applications will not be accepted after the termination ofthe st. Catharines Community Improvement Plan (as Approved by Council). Participants in the program will continue to receive the approved grants as determined through the TIGP Agreenlent with the City. All grants will cease upon the earliest ofthe following: Calculation a) when total grant payments provided under this program equal the total value ofthe redevelopment work done under the eligible program costs (see Grant Program General Provisions) that resulted in the increased assessed value; or b) nine (9) years after written notification has been received from the Owner requesting commencement of payments as provided for in the TIGP Agreement. The TIGP may provide a maximum grant of90% ofthe increase in the municipal portion of property taxes in Year One (the first full year of increase in property taxes). Each year thereafter (Years Two to Ten), the maximum grant will be reduced 10% per year. The amount of municipal taxes ("base rate") will be determined at the time the Tax Increment Based Incentive Grant Program Application is submitted. The increase in the municipal portion ofthe property taxes (or "municipal tax increment") will be calculated as the difference between the base rate and the amount ofmunicipal property taxes levied as a result of the re-evaluation by the Municipal Property Assessment Corporation (MPAC) following project completion or, at Year One, whichever is the earlier date. Itis important to note that the "base rate" will be the amount ofmunicipal taxes assessed against the property at the commencement ofthe TIGP. 29
Properties participating in the TIGP that are cleared or partially cleared ofstructures after the date ofthe Program start, and left undeveloped for a period greater than two (2) years prior to participating in the Program, shall have as a starting point for the Program or base rate, the amount ofmunicipal property taxes levied as of the day prior to removal ofbuildings. This program does not exempt property Owners from increases / decreases in municipal taxes due to municipal tax rate changes or, relating to Provincial legislation or, from changes in assessment for any other reason. The actual component of costs of the work done, as identified under the eligible program costs (see Grant Program General Provisions), will be supplied to the City upon completion of the project. Payment of the grant may be modified based on the City's review and satisfaction with all reports and documentation submitted outlining the full scope ofthe work completed. Ifduring the course ofthe work, the scope ofthe work changes or, actual costs are greater or less than the estimated costs, the City reserves the right to increase or decrease the total amount of the grant. The actual grant amount will be based on actual increase in the municipal portion ofthe property taxes calculated on the difference between the base rate and the municipal property taxes based on the new assessed value by the MP AC following project completion or, at Year One, whichever is the earlier date. The City may discontinue the TIGP at any time. However, participants in the program prior to its termination will continue to receive the approved grants as determined through the TIGP Agreement with the City. A review ofthe TIGP will be undertaken by Staff as directed by Council and / or prior to the end of the Community Improvement Plan (December 31 S\ 2014). Grant Program General Provisions All Owners ofproperty with the Community Improvement Project Areas are eligible to apply for funding under this grant program subject to the general progranl requirements of the TIGP, the availability of funding as approved by City Council and the following requirements, namely: a) the TIGP will not be offered retroactively for redevelopment activities undertaken (and / or the associated expenditures incurred) prior to approval by Council regarding this Community Improvement Plan Amendment without approval by City Council; b) any property Owner wishing to be considered for a grant under this program must complete and submit an Application for Financial Incentive Grant Programs to the City prior to the commencement ofany works and prior to an application for a Demolition Permit and / or a Building Permit; 30
c) as a condition ofthe grant application, the City may require the applicant to submit a Business Plan acceptable to the City; d) applications for this program must include detailed works plans and cost estimates supported by a Phase II ESA and / or a risk assessment. Written invoices from contractors and other professionals must be provided for all other eligible works; e) applications for this program must include an Assessment Estimate prepared by the Municipal Property Assessment Corporation, a preliminary Site Plan and Architectural Elevation Drawings; f) the property Owner will be responsible for the entire costs of the redevelopment of the project. When the project is complete, a grant of a portion of the City and Regional taxes will be paid annually following the payment of all taxes by the Owner; g) ifthe redevelopment does not result in residential intensification, increased commercial floor area and / or industrial redevelopment / change in use which results in an increase in assessnlent as evidenced by a Supplementary Notice from the Municipal Property Assessment Corporation, there will be no grant; h) eligible program costs contemplated by f) above include the costs of: i) removal of debris including infrastructure and general improvements for structural safety purposes to meet the minimum requirements ofthe Ontario Building Code; ii) iii) iv) site preparation including construction / improvement ofonsite public works (e.g. water services, private sanitary and storm drains and / or private sewers, watermains, roads, curbs and gutters, catchbasins, hydro, gas and communication services); expenses related to the relocation of sanitary sewers, storm sewers and watermains within the same property boundaries; demolition of all buildings and structures together with removal and disposal of all materials and debris; v) capital expenditures for existing building renovation and / or new building construction, includes accessibility costs; 31
vi) vii) viii) ix) any streetscaping, landscaping, enhancement and any aesthetic beautification as may be required beyond the City's normal requirement; actual costs may include all legal fees, consulting fees and financing costs, preparation ofa business plan, preparation of professionally prepared drawings, expenses related to designated Heritage Buildings and I or properties as they relate only to specific eligible costs identified above; actual costs of sound barriers, gas migration trenches; Municipal Property Assessment Corporation Assessment Estimate. i) the Owner shall request in writing the payment of the grant following the payment ofone (1) full year ofproperty taxes for the subject property based on the Supplemental Tax Assessment by the Municipal Property and Assessment Corporation; j) the Owner will provide a Statement of Expenditures n1ade for the rehabilitation ofthe site(s). Each ofthe expenditures must be included as an eligible program cost and meet the eligibility criteria and requirements ofthis Community Improvement Plan before a grant is approved; k) the Owner will provide copies of all invoices received that refer to the rehabilitation ofthe site(s); 1) the Owner will provide copies of all cancelled cheques (front and back) indicating payment for all contractor and I or professional invoices; m) the Owner will provide a statutory declaration by or on behalfofthe Owner stating that the Owner has paid all accounts that have become due and payable in connection with the re-development and construction, installation and maintenance of the building(s) and services and that all requirements of the Construction Lien Act have been complied with; n) the City will have the right to request an independent audit of these expenditures to ensure that these costs are actual costs, at the expense ofthe property Owner; 0) the Owner will provide a statutory declaration by or on behalfofthe Owner stating that there are no outstanding work orders and lor orders or requests to comply from any City Department or other regulatory authority in respect of the redevelopment, the property and the business ofthe Owner conducted on the lands located on the site; 32
p) all approved property Owners in the program will be required to enter into a TIGP Agreement with the City which will specify the terms ofthe grant. All Applications and Agreements must be approved by City Council; q) the subject property shall not be in a position of tax arrears prior to the disbursement ofany grant money; r) if a building(s) erected on a property participating in this program is demolished before the grant period expires, the remainder ofthe monies to be paid out under this grant shall be forfeited and any previous monies paid out may be forfeited and repayable to the City; s) proposed developments will conform to all legislation and regulations and Ministry of the Environment guidelines and approvals; t) outstanding work orders and / or orders or requests to comply from other commenting departments and / or agencies, must be satisfactorily addressed prior to grant approval and / or processing and payment; u) ifthe property is sold in whole or in part before the end ofthe time period as stated in the TIGP Agreement, the subsequent Owner (the registered Owner(s) as shown on the annually returned assessment roll) will be entitled to the remaining grant payments under the original TIGP Agreement unless otherwise directed in writing to the City; v) grant payments shall be made within 60 days following receipt of all ofthe above-noted information. w) municipal property taxes are being paid on the subject property. Program Administration The Planning Services Department will be responsible for administering the TIGP in consultation with other municipal departments as necessary, subject to Council approving an application under the TIGP. Applicants will be required to have a pre-application consultation meeting with City Staff in order to determine program eligibility, proposed scope ofwork, project timing, etc. 33
Applications shall be submitted to the Planning Services Department as early as possible. The Owner will be required to obtain "An Assessment Estimate of the Proposed Development from the Municipal Property Assessment Corporation" at his / her expense. The Application shall also include a Preliminary Site Plan, Architectural Elevation Drawings and Eligible Program Cost Estimates. It is understood that a complete application under the TIGP must be received in the Planning Services Departnlent prior to an application for a Demolition Permit and / or a Building Permit is received in the Transportation and Environmental Services Department. Before an application is formally accepted, City Staffwill review the proposed application. Ifthe proposed application is not within the Community Improvement Project Areas or, the proposed application clearly does not meet the program eligibility requirements, the application will not be accepted. Acceptance ofthe application by the City in no way implies grant approval. Program eligibility will be determined by the Planning Services Department in consultation with other municipal departments as necessary. Applications will be recommended for approval only ifthey meet the criteria specified in this Plan and any other requirements ofthe City. Once Council approves the Tax Increment Based Incentive Grant Program Application, the TIGP Agreement and the TIGP By-law, the TIGP Agreement will be executed by City Officials, and may be registered on title in the Land Registry Office and, a copy forwarded to the Owner. A copy ofthe By-law will be forwarded to the Regional Municipality ofniagara. The TIGP will cease upon the earliest ofthe following: 1. when total grant payments provided under this program equal the total value of the redevelopment work done under the eligible program costs that resulted in the increased assessed value; or 2. nine (9) years after written notification has been received from the Owner requesting the commencement ofpayments as provided for in the TIGP Agreement. Prior to the issuance ofthe grant cheque(s), the City will verify that all requirements ofthe grant program to date have been met. g) Municipal Application and Permit Fees Refund Program This Program is intended to augment the above grant programs. Where a property owner is undertaking improvements to lands and buildings in accordance with one or more of the grant programs, the City will provide a refund equivalent to the cost of normal application and permit fees in accordance with the provisions of Section 69 ofthe Planning Act. This program does not constitute part ofthe Community Improvement Plan and does not require the approval ofthe Minister ofmunicipal Affairs and Housing. 34