To be eligible for the Heritage Tax Rebate Program the following criteria would need to be satisfied:
The subject property must be designated under Part IV of the Ontario Heritage Act and/or part of a Heritage Conservation District designated under Part V of the Ontario Heritage Act.
- To gain ‘heritage designation’ a designation by-law must be passed by Council. For reference, to be designated means the property has formally been recognized by the municipality as culturally important, has heritage value and is worthy of on-going care. Within the by-law heritage attributes and other character defining elements are itemized and described.
- Within the by-law attributes fall within the categories of design/physical (i.e., architectural elements, aesthetics, visuals, decoration), contextual/natural heritage (i.e., contributing to streetscapes, farms, cemeteries, and historic landscape features like mature trees, hedgerows, barns, etc.) and historical/associative (i.e., important person, event, historic or symbolic value, etc.).
- These ‘specifically’ identified attributes are protected from un-sympathetic alteration and demolition. Heritage designation is not intended to prevent the alteration or expansion of a building or site. It simply introduces a mechanism to review the proposed changes beforehand to evaluate if there would be any impacts on the identified heritage attributes to ensure the attributes and the heritage character of the property is preserved in a reasonable and balanced manner.
The property owner would be required to enter into Heritage Conservation Agreement with the Town;
- A Heritage Conservation Agreement is a legal agreement between the Town and property owner to protect and maintain the heritage features of a property, and to encourage good stewardship of the property. By signing the Agreement, the owner of a designated property would agree to maintaining the state of the identified heritage attributes beginning in the first year in which the owner applies for a tax rebate and the obligation to maintain would continue thereafter. This agreement would be binding upon the Owner, its successors in title, heirs and assigns and the provisions there of would run with the land.
- The agreements may have site specific requirements, however the typical agreement would require the owner to (1) maintain the property in good condition, (2) seek approval for HERITAGE PROPERTY TAX REBATE PROGRAM: HOW DOES IT WORK? Page 2 alterations that may affect its heritage attributes or features, and (3) provisions for the municipality to monitor the condition of the property periodically;
Any residential building(s) must be habitable and should be occupied;
The Owner must provide an insurance certificate from an insurance company/agent/broker that states that the Owner has a valid insurance policy which insures the building(s) against normal perils that are coverable by all risk property insurance in an amount equal to the replacement cost of a similar scaled new building(s) with an exterior design complementary to the existing structure(s);
The property must not be subject of any Town by-law contraventions, work orders, penalties, fees, and arrears of taxes, fines or other outstanding municipal requirements as of the date of application;
Submission of a ‘complete application’ on annual basis
