Report to: Development
Services Committee Report
Date: February 6,
2007
SUBJECT: 2006
Heritage Property Tax Reduction Program
PREPARED BY: Peter
Wokral ext. 7955
RECOMMENDATION:
THAT By-Law 2003-241 be amended to
require applicants to return executed heritage conservation easement agreements
for the Heritage Property Tax Rebate Program to the Town by December 15th of the calendar year for which the relief is
sought;
That the deadline for submission
of an executed heritage conservation easement agreement for the property owners
at 2 David Gohn Circle, 4165 19th Avenue, 114 Main St. North Markham
Village, and 206 and 236 Main St.
Unionville be extended to March 15, 2007 in respect of relief for the 2006 tax
year.
And that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Not applicable
The purpose of this report is to seek
approval to amend By-law 2003-241 to establish a specific date for heritage conservation
easement agreements to be returned to the Town to allow the necessary time for
processing and registering on title. As
well, the report recommends an extension to the deadline for receipt of executed
easement agreements for five specific properties that wish to participate in
the 2006 Heritage Property Tax Reduction Program.
The Town created the Heritage Property Tax Reduction
Program
The Town has
implemented a Heritage Property Tax
Reduction Program effective January 1, 2003, to provide tax
relief for eligible heritage properties. Council passed By-law 2003-241, the Heritage Tax Reduction
Program By-law, on December 16, 2003. The purpose of the tax relief program is to
provide an incentive for owners to preserve and maintain significant heritage
properties in the Town. The amount of
reduction is 30% of the education and municipal component of the tax bill. The Region of York does not currently
participate in the program.
At present, 30
properties are participating in the program.
A fact sheet on this program is attached as Appendix ‘B’.
One of the eligibility criteria for the Program is a
Heritage Easement Agreement
Provincial
legislation that permits heritage tax relief programs requires that eligible
properties be subject to a heritage conservation agreement. Section 5 (iii) of By-law 2003-241 also
requires that, in order to be eligible to apply for a heritage tax reduction,
the owner of the property must provide proof that the property is subject to a
heritage conservation easement, under s. 22 or 37 of the Ontario Heritage
Act, R.S.O. 1990, c. O.18. Section
5(iv) of the by-law requires that the heritage conservation easement agreements
be registered against any properties eligible to apply for a reduction under
the by-law no later than December 31st of the taxation year for
which assistance is sought. There is no
specific date in the by-law indicating when the heritage easement executed by
the property owner must be returned to the Town.
Five Heritage
Easement Agreements were not registered by the December 31, 2006
Throughout 2006, Council authorized
the preparation of a number of Heritage Easement Agreements for property owners
interested in participating in the Property Tax Rebate Program. However, five of these properties did not
have heritage easement agreements registered on title by the December 31st
deadline due to some confusion associated with the requirements of the program. The properties are:
By-law should be amended to include a date by which
the Heritage Easement must be returned to the Town
It would be advisable
to amend the Heritage Property Tax
Reduction Program bylaw so that on a go forward basis applicants are required
to return executed easement
agreements to the Town by December 15th of the calendar year for
which the relief is sought. As indicated
in By-law 2003-241, the easement must be registered before year end, but does
not specify a date by which the easement must be returned to the Town. This by-law amendment should help avoid
confusion related to when an agreement must be returned and provide sufficient
time (16 days) for Legal staff to have all agreements executed and registered
before the year end.
Five specific properties should have the deadline
extended
The five identified
property owners should be permitted to enter into heritage conservation easement
agreements after the December 31,
2006 deadline. It is
advantageous for the Town to secure heritage easement agreements as they
provide an enhanced degree of protection in perpetuity. By-law 2003-241 should be amended for these five
properties to allow the owners to submit their executed heritage conservation
easement agreement to the Town by March 15, 2007 to allow the necessary time to
process and register the agreements on title.
Not
Applicable
The Legal Services Department is
working closely with the Heritage Planning Section to
prepare and process the necessary heritage conservation easement agreements.
RECOMMENDED BY:
Q:\Development\Heritage\SUBJECT\Property
Tax Rebate Program\Applications for 2006 Tax Year\DSC Report Feb 6 2007.doc
ATTACHMENTS:
Appendix ‘A’ Draft By-law Amendment
Appendix ‘B’ Fact Sheet – Heritage
Property Tax Relief in Markham