Report to: Development Services Committee Report Date: November 20, 2007

SUBJECT: Heritage Easement Agreements for Heritage Property Tax Reduction Program

PREPARED BY: Peter Wokral, ext. 7955

RECOMMENDATION:

THAT the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners identified on Schedule “A” attached to the report dated November 20th, 2007, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to obtain authorization from Council for the execution of a number of Heritage Easement Agreements.

BACKGROUND:

The Town has created a 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 significant heritage properties in the Town.

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 Easement Agreement. Section 5 (ii) 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 easement, under s. 22 or 37 of the Ontario Heritage Act, R.S.O. 1990, c. O.18. Section 5(iii) of the by-law requires that, for the 2007 taxation year, heritage easement agreements must be executed by the property owner and returned to the Town no later than December 15^th of the taxation year for which relief is sought.

Heritage Markham has been consulted

Section 37(1) of the Ontario Heritage Act gives the Council of a municipality the authority to pass by-laws providing for the entering into of easements or covenants with property owners for the conservation of property of cultural heritage value or interest, after consultation with its municipal heritage committee. Heritage Markham was consulted at its meeting on November 14^th, 2007 regarding the seven interested applicants and had no objection to the proposed Heritage Easement Agreements.

The Heritage Easement Agreement identifies the property’s cultural attributes.

There are seven properties which require Heritage Easements Agreements in order to apply for the tax rebate program. A list of these properties and property owners who are seeking to enter into an agreement with the Town are attached as Appendix “A” to this report. It has been determined by Heritage Planning staff that each of these properties has cultural heritage value that requires protection. Heritage Easement Agreements are appropriate for each of these properties.

Generally, the Easement Agreements require the owner to maintain the dwelling, obtain Town approval for any demolition or exterior alterations, and to maintain insurance coverage on the property. Each Easement Agreement, once executed, will be registered against the title of the property.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

By-law 2002-276, the Fees and Charges By-law, was amended to eliminate any fees associated with the Heritage Easement Agreements.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Heritage preservation contributes to “Quality Community”

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Department is working closely with the Heritage Planning Section to prepare and process the necessary Heritage Easement Agreements.

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Appendix A – Draft By-law and List of Eligible Properties for Heritage Easement Agreements

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