Report Template

OTTAWA BROWNFIELDS REDEVELOPMENT COMMUNITY

IMPROVEMENT PLAN DOCUMENT 2

Brownfields Redevelopment

Community Improvement Plan

TABLE OF CONTENTS

Page

1.0 INTRODUCTION 1.1 The Brownfields Context

1.2 The Rationale for Brownfields Redevelopment

1.2.1 Environmental, Economic and Social Benefits

1.2.2 Growth Management in Ottawa

1.3 Purpose of the Brownfields Redevelopment Community Improvement Plan

1.4 Glossary of Terms

2.0 LEGISLATIVE AUTHORITY AND PLANNING POLICIES 2.1 Section 106 – Municipal Act, 2001

2.2 Section 28 – Planning Act

2.3 Section 365.1 – Municipal Act, 2001

2.4 Provincial Policy Statement (PPS) 2.5 Ottawa 20/20

2.6 Official Plan

2.7 Existing Community Improvement Plans

2.8 Economic Strategy

2.9 Environmental Strategy

3.0 CRITICAL NEEDS ANALYSIS

3.1 Review of Background Information

3.2 Key Stakeholder Consultation

3.3 Public Consultation

3.4 Ottawa Brownfields Advisory Committee

4.0 COMMUNITY IMPROVEMENT PROJECT AREA

5.0 GOALS

6.0 INCENTIVE PROGRAMS

6.1 Introduction

6.2 General Program Requirements

6.3 Project Feasibility Study Grant Program

6.3.1 Purpose

6.3.2 Description

6.3.3 Requirements

6.3.4 Administration

6.4 Environmental Site Assessment Grant Program

6.4.1 Purpose

6.4.2 Description

6.4.3 Requirements

6.4.4 Administration

6.5 Property Tax Assistance Program

6.5.1 Purpose

TABLE OF CONTENTS (CONT’D)

Page

6.5.2 Description 6.5.3 Requirements 6.5.4 Administration

6.6 Rehabilitation Grant Program 6.6.1 Purpose

6.6.2 Description

6.6.3 Requirements

6.6.4 Administration

6.7 Building Permit Fee Grant Program

6.7.1 Purpose

6.7.2 Description

7.0 DEVELOPMENT CHARGE REDUCTION PROGRAM (BROWNFIELDS) 7.1 Purpose

7.2 Background 7.3 Description 7.4 Monitoring and Review

8.0 MUNICIPAL LEADERSHIP STRATEGY

8.1 Purpose 8.2 Description 8.2.1 Coordination 8.2.2 Municipal Support and Leadership

8.3 Guidelines for Identifying Priority Sites and Projects

9.0 MARKETING STRATEGY 9.1 Purpose

9.2 Description

9.2.1 Target Audiences

9.2.2 Marketing Tools

9.2.3 Key Messages

10.0 MONITORING PROGRAM

10.1 Purpose

10.2 Description 10.3 Program Adjustments

11.0 REFERENCES

List of Figures

1 Benefits of Brownfield Redevelopment

2 Key Stakeholders by Sector

3 Summary of Incentive Programs

4 Variables to be Monitored

TABLE OF CONTENTS (CONT’D)

Page

LIST OF APPENDICES

A City of Ottawa Official Plan, Section 5.2.5, Community Improvement Policies

B Ottawa Brownfields Advisory Committee

C Ottawa Brownfields Redevelopment Community Improvement Project Area

D Incentive Programs Utilization on a Brownfields Redevelopment Project

E Project Feasibility Study Grant Program Administration

F Environmental Site Assessment Grant Program Administration

G Property Tax Assistance Program Administration

H Rehabilitation Grant Program Administration

All rights reserved. No part of this publication may be reproduced, recorded or transmitted in any form or by any means, electronic, mechanical, photographic, sound, magnetic or other, without advance written permission of the owner.

This study has been produced with the assistance of the Green Municipal Enabling Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the author(s), and the Government of Canada and the Federation of Canadian Municipalities accept no responsibility for them.

1.0 INTRODUCTION

1.1 The Brownfields Context

In their 2003 National Brownfield Redevelopment Strategy for Canada[1], the National Roundtable on Environment and Economy (NRTEE) defined brownfields as “abandoned, vacant, derelict or underutilized commercial and industrial properties where past actions have resulted in actual or perceived contamination; brownfields differ from other contaminated sites in that they hold active potential for redevelopment”. For the purposes of this Community Improvement Plan, “brownfields” are defined as “abandoned, vacant, or underutilized commercial and industrial properties where past actions have resulted in actual or perceived environmental contamination and/or derelict or deteriorated buildings”.

1.2 The Rationale for Brownfields Redevelopment

1.2.1 Environmental, Economic and Social Benefits

Ottawa is joining the growing list of municipalities in Ontario that are pioneering the use of Brownfields Redevelopment Strategies and Community Improvement Plans as a means to promote the redevelopment of brownfields. More and more municipalities are preparing these plans to address brownfield sites because these sites represent an environmental, economic and social concern in their communities.

From an economic perspective, brownfields can result in reduced property values, economic activity and employment. Vacant and underutilized properties in serviced urban areas represent an opportunity to curb urban sprawl and its associated financial and environmental costs. For example, a 2001 study[2] of brownfield versus greenfield development in six U.S. cities found that every acre of brownfield land developed would have required 4.5 acres of greenfield land. Urban sprawl has significant economic and environmental costs and jeopardizes prime agricultural lands. From an environmental perspective, brownfields can present a threat to ecological and human health and safety. From a social perspective, the existence of brownfields can lead to neighbourhood deterioration, threats to personal safety and security, and reduced quality of life.

Naturally, the benefits that result from brownfield redevelopment are also environmental, economic and social, and tend to accrue at the local level, because all development, be it brownfield or greenfield, is inherently local. The economic benefits of brownfield redevelopment can include increased employment in urban areas and increased property values. Environmental benefits can include the removal of threats to the health of residents and workers, the protection of groundwater resources, wetlands and wildlife habitats, and a reduction in urban sprawl. The social benefits of brownfield redevelopment can include neighbourhood revitalization, improved safety and security, the provision of additional housing opportunities through intensification and infill, and an increased sense of community pride.

Figure 1 below summarizes the benefits of brownfield development and the interrelationship between these benefits. For example, the economic benefits resulting from brownfield development, such as increased incomes and property tax revenues can contribute to social benefits such as neighbourhood stability and quality of life. Therefore, financial incentive programs that result in an increase in brownfield development will translate into economic, environmental and social benefits.

Figure 1 Benefits of Brownfields Redevelopment

Source: Regional Analytics, 2002.

1.2.2 Growth Management in Ottawa

In addition to the numerous benefits of brownfield redevelopment, the City has identified its Brownfields Redevelopment Strategy and Community Improvement Plan (CIP) as key components in implementing the City’s approved Growth Management Strategy (Ottawa 20/20). Ottawa 20/20, including the City’s Official Plan was adopted in 2003 by City Council. The Official Plan seeks to manage growth by directing it to the urban area through activities such as infill and intensification. The Official Plan sets a firm urban boundary and identifies priority areas for infill and intensification, i.e., the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations. Therefore, this Brownfields Redevelopment CIP gives higher priority to promoting brownfield redevelopment in these areas. The Brownfields Redevelopment Strategy and CIP will play a key role in promoting and directing infill and intensification as specified in Ottawa 20/20 and the Official Plan. Combined with the environmental, economic and social benefits that will result from brownfield redevelopment, the Brownfields Redevelopment Strategy and CIP will ultimately help the City achieve its Smart Growth goals.

1.3 Purpose of the Brownfields Redevelopment CIP

This CIP is based on the Ottawa Brownfields Redevelopment Strategy. The Strategy sets out the general policy framework that will guide the City’s program activities to promote brownfield redevelopment in Ottawa. The Strategy includes a detailed critical needs analysis, rationale for the incentive programs contained in this CIP, and strategies to market the Brownfields Redevelopment CIP programs.

The purpose of this CIP is to act as the primary vehicle for implementing the Ottawa Brownfields Redevelopment Strategy by providing a framework containing financial incentive programs and a municipal leadership strategy that will encourage the remediation, rehabilitation and adaptive reuse of brownfield properties in Ottawa. Furthermore, implementation of this CIP will help the City of Ottawa to meet its growth management goals.

1.4 Glossary of Terms

The following defines terms used in this CIP.

“Applicant”: Unless otherwise specified, is a registered owner, assessed owner or tenant of lands and buildings within the community improvement project area, and any person to whom a registered owner, assessed owner or tenant of lands and buildings within the community improvement project area has assigned the right to receive a grant or loan. With the exception of the Project Feasibility Study Grant Program and the Environmental Site Assessment Grant Program, public sector owners of property within the community improvement project area are not eligible to directly apply for the programs contained in this Plan. The City will determine the eligibility of applicants.

“Brownfield”: An abandoned, vacant, derelict, idled or underutilized commercial or industrial property where past actions have resulted in actual or perceived environmental contamination and/or derelict or deteriorated buildings.

“City”: The City of Ottawa.

“Community

Improvement”: Unless otherwise specified, this term is as defined and used in accordance with its meaning under Section 28 of the Planning Act, and means the planning or replanning, design or redesign, resubdivision, clearance, development, redevelopment, reconstruction and rehabilitation, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, works, improvements or facilities, or spaces therefore, as may be appropriate or necessary.

“Community

Improvement Plan”: Unless otherwise specified, this term is as defined and used in accordance with its meaning under Section 28 of the Planning Act and means a plan approved by the Minister of Municipal Affairs and Housing for the community improvement of a community improvement project area.

“Community

Improvement

Project Area”: Unless otherwise specified, this term is as defined and used in accordance with its meaning under Section 28 of the Planning Act and means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reasons.

“Eligible property”: Unless otherwise specified, is a property (including land and buildings) that is within the Community Improvement Project Area as defined in this Plan.

“Qualified person”: As defined by Section 168.1 of the Environmental Protection Act and Ontario Regulation 153/04.

“Rehabilitation”: Unless otherwise specified, this term is as defined and used in accordance with its meaning under Section 28 of the Planning Act.

2.0 LEGISLATIVE AUTHORITY AND PLANNING POLICIES

2.1 Section 106 – Municipal Act, 2001

Section 106(1) and (2) of the Municipal Act, 2001 prohibits municipalities from directly or indirectly assisting any manufacturing business or other industrial or commercial enterprise through the granting of bonuses. Prohibited actions include:

a) giving or lending money or municipal property;

b) guaranteeing borrowing;

c) leasing or selling any municipal property at below fair market value; and

d) giving a total or partial exemption from any levy, charge or fee.

Section 106(3) of the Municipal Act, 2001 provides an exception to this bonusing rule for municipalities exercising powers under the provisions of Section 28(6) or (7) of the Planning Act or Section 365.1 of the Municipal Act, 2001.

2.2 Section 28 – 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 improvement project area” and prepare and adopt a community improvement plan for the community improvement project area. Once the community improvement plan has been adopted by the municipality and approved by the Minister of Municipal Affairs and Housing, the municipality may exercise authority under Section 28(6) or (7) of the Planning Act or Section 365.1 of the Municipal Act, 2001 in order that the exception provided for in Section 106(3) of the Municipal Act, 2001 will apply.

According to Section 28(1) of the 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 of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason”.

Section 28(1) of the Planning Act defines “community improvement” as “the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, reconstruction and rehabilitation, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable, or other uses, buildings, works improvements or facilities, or spaces therefore, as may be appropriate or necessary”.

Once a CIP has been adopted by a municipality and approved by the Minister of Municipal Affairs and Housing, the municipality may:

i) acquire, hold, clear, grade or otherwise prepare land for community improvement (Section 28(3) of the Planning Act);

ii) construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan (Section 28(6));

iii) sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan (Section 28(6)); and

iv) make grants or loans to registered owners, assessed owners and tenants of land and buildings within the community improvement project area, to pay for the whole or any part of the cost of rehabilitating such lands and buildings (Section 28(7)).

Section 28(7.1) of the Planning Act specifies that the total of all grants and loans made under Section 28(7) of the Planning Act and tax assistance provided under Section 365.1 of the Municipal Act, 2001 in respect of the land and buildings shall not exceed the cost of rehabilitating the land and buildings. The incentive programs contained in Section 6.0 of this Plan contain safeguards to ensure that this legislative requirement is met.

2.3 Section 365.1 – Municipal Act, 2001

Section 365.1(2) and (3) of the Municipal Act, 2001 allows municipalities to pass a by-law providing tax assistance to an eligible property in the form of a deferral or cancellation of part or all of the taxes levied on that property for municipal and education purposes during the rehabilitation period and the development period of the property, both as defined in Section 365.1 (1) of the Municipal Act, 2001. Section 365.1 of the Municipal Act, 2001 operates within the framework of Section 28 of the Planning Act. A municipality with an approved community improvement plan in place that contains provisions specifying tax assistance will be permitted to provide said tax assistance for municipal purposes. Municipalities may also apply to the Minister of Finance to provide matching education property tax assistance through the Brownfields Financial Tax Incentive Program (BFTIP).

2.4 Provincial Policy Statement (PPS)

The Provincial Policy Statement (PPS) is issued under Section 3 of the Planning Act and is intended to guide municipalities as they make planning decisions. The Planning Act requires that municipal decisions in respect of the exercise of any authority that affects a planning matter “shall be consistent with” the PPS.

The PPS supports the remediation and redevelopment of brownfield sites. For example, Section 1.7.1 c) of the PPS states that “long-term economic prosperity should be supported by promoting the redevelopment of brownfield sites”. Brownfields are defined in the PPS as “undeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant”.

The PPS also supports Smart Growth through urban growth management. For example, Section 1.1.3.3 of the PPS states “planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs”. Therefore, the PPS supports brownfield redevelopment as a way to achieve the goal of promoting intensification and redevelopment. Other policies in the PPS (Sections 1.1.1 a), 1.1.1 g) and 1.6.2) support the management of growth to achieve efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term. The redevelopment of brownfields has a role to play in this regard.

2.5 Ottawa 20/20

Ottawa 20/20 is the City’s Growth Management Strategy. Adopted in 2003, Ottawa 20/20 was developed based on a dynamic process of citizen involvement and resulted in a vision and set of principles to guide the planning activities of the municipality. These principles are:

i) A Caring and Inclusive City;

ii) A Creative City Rich in Heritage, Unique in Identity;

iii) A Green and Environmentally Sensitive City;

iv) A City of Distinct, Liveable Communities;

v) An Innovative City Where Prosperity is Shared Among All;

vi) A Responsible and Responsive City;

vii) A Healthy and Active City.

These principles and the vision were used to guide preparation of a set of five growth management plans, including the:

· Official Plan;

· Economic Strategy;

· Environmental Strategy;

· Human Services Plan;

· Arts and Heritage Plan.

Taken together, these five growth management plans provide a comprehensive framework for managing growth in the City of Ottawa.

Ottawa 20/20 cites brownfield redevelopment as a “priority project” that supports several of the Ottawa 20/20 principles. As an example, the remediation and redevelopment of brownfield sites will help to promote an environment that is cleaner and a city that is more environmentally sensitive. Cleanup of brownfield sites in and near heritage districts will contribute to creating a city that is even richer in heritage and more unique in identity. The remediation, reuse and redevelopment of vacant, derelict and underutilized properties in residential neighbourhoods, commercial areas and employment areas will make these areas more liveable for the people who reside and work there. It will also reduce urban sprawl and its associated costs. Brownfield redevelopment can result in opportunities for job retention and creation. This in turn can result in increases in corporate and personal income. Brownfield redevelopment can also result in long-term increases in property assessment values and this can contribute to a reduction in the property tax rate. Finally, by developing and implementing this Brownfields Redevelopment CIP, the City of Ottawa can demonstrate that it is an innovative, responsible and responsive city.

2.6 Official Plan

The Community Improvement policies in Section 5.2.5 of the Official Plan set out the rationale for preparing a community improvement plan, criteria to be considered when designating a community improvement project area, priority areas for community improvement, and the range of actions that Council may undertake to implement community improvement plans.

Depending on the purpose for which it is designated, a community improvement project area may be part or all of the urban area of the City of Ottawa, and/or part or all of one or more villages in the City of Ottawa. The full text of Section 5.2.5 of the City of Ottawa Official Plan is contained in Appendix A.

2.7 Existing Community Improvement Plans

There are only two existing community improvement plans in Ottawa. These are the King Edward Avenue and Somerset West Community Improvement Plans. Neither of these plans include grants, loans or any form of financial incentive program or other program that would impact on or be impacted by the Brownfields Redevelopment CIP.

2.8 Economic Strategy

The Economic Strategy stresses a city that can retain and capture employment opportunities while reducing its ecological footprint for land and energy use and improving the quality of life through development. The reuse and redevelopment of vacant and underutilized former industrial and commercial buildings for new employment and residential uses will help to achieve this goal.

The Economic Strategy is based on strengthening industry clusters and entrepreneurship. One of the ways the Strategy recommends this be done is to develop a program that will strengthen and support the economic vitality of Ottawa's main streets through promotion and business retention initiatives. The rehabilitation of infill sites on Ottawa’s main streets will provide opportunities and locations to help retain and attract business.

The Economic Strategy acknowledges that the City’s future ability to attract both people and investment depend on maintaining both quality of life and quality of place. The quality of place is enhanced when the environment is improved through remediation and the aesthetic and social quality of neighbourhoods, commercial and employment areas is improved through brownfields rehabilitation and redevelopment.

2.9 Environmental Strategy

Ottawa's Environmental Strategy was prepared in 2003 and focuses on the responsible management of all aspects of the City's environment. It sets the direction and establishes a comprehensive approach to create sound environmental management in City practices and policies. The Environmental Strategy includes as one of its goals “clean air, water and earth”.

As part of its corporate environmental action planning, the Environmental Strategy specifically recommends that the City of Ottawa develop a program to encourage the development of brownfields in the short term, i.e., within two years. More specifically, the Environmental Strategy identifies the development of a program to promote urban intensification and reduce urban sprawl by providing municipal loans, grants, tax increment equivalent financing, and waiving development fees for brownfield redevelopment projects.

The Environmental Strategy includes a Summary of Environmental Management Best Practices. The section on brownfields notes that the objective of brownfield redevelopment is to recapture the social and economic value from contaminated property. Brownfield redevelopment is identified as a key strategy for promoting reinvestment in existing urban areas and for reducing the need to expand into greenfield sites.

The Environmental Strategy identifies the National Brownfield Redevelopment Strategy (national) and the Brownfields Statute Law Amendment Act (provincial) as federal and provincial measures that will facilitate the redevelopment of brownfields. Best management practices identified in the Strategy also include:

· municipal loans and grants;

· tax-increment equivalent financing;

· waiver of municipal fees and development charges;

· use of environmental liability insurance;

· programs for public education and community participation.

The City’s Environmental Strategy is very supportive of brownfields redevelopment and includes a commitment to develop a program to encourage the redevelopment of brownfields.

3.0 CRITICAL NEEDS ANALYSIS

A critical needs analysis was conducted to determine the key impediments to brownfield redevelopment and the types of incentive programs and municipal actions needed to promote brownfield redevelopment in Ottawa.

3.1 Review of Background Information

The first step in preparing this CIP was a comprehensive review of background information. This included a review of:

i) municipal policies relating to brownfield redevelopment and growth management;

ii) provincial and federal policies relating to brownfield redevelopment;

iii) the implications of brownfield related legislation and regulations for the City of Ottawa; and,

iv) best practices in eight Ontario municipalities and a few leading U.S. municipalities.

This review of background information helped to establish the parameters of possible program policy responses to local impediments to brownfield redevelopment.

3.2 Key Stakeholder Consultation

In order to understand the key impediments to brownfield redevelopment in Ottawa, and the strategies and actions that could be used to successfully overcome these impediments, 14 key stakeholders were interviewed. With assistance from City of Ottawa staff, the 14 key stakeholders were carefully chosen to provide broad representation from across the brownfield redevelopment industry, associated service providers, the community and the federal government which has a significant land ownership presence (including brownfields) in Ottawa. A list of the types of agencies and organizations represented by the key stakeholders is presented in Figure 2.

Figure 2 Key Stakeholders by Sector

Sector	Stakeholders Interviewed
Owner – Public Works Canada	1
Owner – National Capital Commission	1
Owner/Developer – Canada Lands Company	1
Developer	2
Homebuilders	2
Environmental Consultant	1
City of Ottawa Environmental Advisory Committee	1
Environmental Remediation Contractor	1
Legal (Environmental Specialist)	1
Financial Institution	1
Real Estate	1
Community Representative	1
TOTAL	14

Interviews with the key stakeholders were conducted over a two-day period in the Fall of 2005 in Ottawa. A questionnaire was used by interviewers to guide the interview process, but stakeholders were given ample opportunity and encouraged to explore and speak freely about issues impeding brownfield redevelopment, and possible strategies and actions to overcome these impediments. The responses to the questionnaire identified the following as the key impediments to brownfield redevelopment in Ottawa:

· Liability;

· Environmental legislation, regulations and standards (including the inability to effectively utilize risk assessment and risk management practices on contaminated sites);

· Municipal planning and environmental policies and approvals;

· The cost of environmental remediation;

· The cost of environmental site assessments;

· Need for more proactive support and leadership from the City;

· Lack of public education and awareness;

· Community concerns;

· Need for improved government coordination on brownfield redevelopment projects.

The questionnaire also asked key stakeholders to identify strategies and actions that could potentially be used to help overcome the impediments to brownfield redevelopment in Ottawa. These responses were utilized to help prepare a Draft Brownfields Redevelopment Strategy containing incentive programs, strategies and actions designed to address the key impediments to brownfield redevelopment in Ottawa.

3.3 Public Consultation

The first public meeting on the Brownfields Redevelopment Strategy and CIP was held during the Summer of 2005 at City Hall. The purpose of this meeting was to inform the public and key stakeholders of the study process. Approximately 50 people attended the public meeting. With respect to promoting brownfield redevelopment, those in attendance at the public meeting made suggestions in the areas of growth management, financial incentives, community impact and government coordination. These suggestions were used to help guide development of the Brownfields Redevelopment Strategy and CIP.

A second public meeting was held in February of 2006. The purpose of this meeting was to present the Draft Brownfields Redevelopment Strategy (including draft financial incentive programs and municipal leadership strategy) to the public and key stakeholders so as to obtain their comments. Approximately 50 people attended this public meeting. This public meeting included a workshop where participants were divided into working groups and asked to provide feedback on the proposed incentive programs, strategies and actions contained in the Draft Brownfield Redevelopment Strategy. Based on the input received at this public meeting, comment sheets submitted by members of the public after the public meeting, and comments provided by City of Ottawa staff, the Draft Brownfields Redevelopment Strategy and CIP were finalized.

3.4 Ottawa Brownfields Advisory Committee

The City of Ottawa established an Advisory Committee to oversee preparation of the Brownfields Redevelopment Strategy and CIP. This Advisory Committee was comprised of staff from the City of Ottawa, the National Capital Commission (NCC), the Federal and Provincial governments, as well as representatives from the private sector and universities, research and other organizations. Appendix B contains a list of the Advisory Committee members. The Advisory Committee met regularly and provided input and advice to the consultant preparing the Brownfields Redevelopment Strategy and CIP.
4.0 COMMUNITY IMPROVEMENT PROJECT AREA

The prevailing trend in municipalities now preparing comprehensive community improvement plans to promote brownfield redevelopment is to designate the entire municipality, or at least the entire urban area, as the community improvement project area to which the community improvement plan will apply.

To obtain a better sense of the geographic distribution of potentially contaminated properties in Ottawa, a review of the City’s Historical Land Use Inventory (HLUI) was performed to determine the geographic distribution of potentially contaminated sites. Two maps showing the geographic distribution of sites in the HLUI were produced (one for the urban area and one for the rural area).

A review of the mapping indicates that the large majority of potentially contaminated sites lie within the urban area and these sites are scattered throughout the urban area. The pattern of distribution of potentially contaminated sites in the rural area is also dispersed. However, the Official Plan directs growth in the rural area to the 26 designated villages scattered throughout the rural area. Overlaying the boundaries of the 26 designated villages onto the HLUI mapping showed that all but a few of the City’s villages contained several potentially contaminated properties. Therefore, the Community Improvement Project Area for this CIP, which will be known as the Ottawa Brownfields Redevelopment Community Improvement Project Area, is “the area within the “Urban Area Boundary” as designated in the City of Ottawa Official Plan (2003), as amended from time to time, and the areas designated “Village” in the City of Ottawa Official Plan (2003), as amended from time to time”. The Community Improvement Project Area is properly defined by this text reference. The boundary of the Community Improvement Project Area as shown in Appendix C is provided for illustrative purposes only.

5.0 GOALS

The main goal of this CIP is to promote the remediation, rehabilitation, adaptive re-use, redevelopment and overall improvement of brownfield sites in the urban area and designated villages in the City of Ottawa. In order to help achieve the growth management goals identified by the City of Ottawa in its Official Plan, this CIP gives higher priority to promoting brownfield redevelopment in the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations.

Other goals of this Brownfields Redevelopment CIP include:

i) Promoting Smart Growth, including the reduction of urban sprawl and its related costs, and the construction of energy efficient buildings;

ii) Improving the physical and visual quality of brownfield sites and the urban area;

iii) Improving environmental health and public safety;

iv) Retaining and increasing employment opportunities;

v) Increasing tax assessment and property tax revenues for the City of Ottawa and the Province of Ontario; and,

vi) Utilizing public sector investment to leverage significant private sector investment in brownfield remediation, rehabilitation, adaptive re-use, and redevelopment.

6.0 INCENTIVE PROGRAMS

6.1 Introduction

In order to achieve the brownfield redevelopment goals of this CIP, the impediments to brownfield redevelopment in Ottawa must be overcome. The incentive programs contained in this CIP represent a comprehensive framework containing a tool kit of programs that taken together, are designed to help overcome the impediments to brownfield redevelopment in Ottawa and achieve the goals outlined in Section 5.0 of this CIP.

The incentive programs contained in this CIP can be used individually or together by an applicant, but the total of all grants, loans and tax assistance provided in respect of the particular lands and buildings of an applicant under the programs contained in this CIP shall not exceed the cost of rehabilitating said lands and buildings. The financial incentive programs in this CIP are primarily directed at the private sector and are designed to encourage private sector remediation and rehabilitation, adaptive reuse and construction activity on brownfield sites.

Based on the growth management rationale identified by the City in its Official Plan, greater incentive program benefits are generally available for applications on brownfield sites in the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations. This CIP contains the following incentive programs:

a) Project Feasibility Study Grant Program;

b) Environmental Site Assessment Grant Program;

c) Property Tax Assistance Program;

d) Rehabilitation Grant Program; and,

e) Building Permit Fee Grant Program.

The Development Charge Reduction Program (Brownfields) is an existing Council program and does not form part of this CIP.

A summary of the incentive programs is shown in Figure 3. Appendix C displays a typical development scenario on a brownfield site and when the various incentive programs could be utilized.

The purpose, type, duration, eligibility criteria and application requirements for each of the financial incentive programs is described in detail below. The financial incentive programs will be augmented and complemented by a proactive Municipal Leadership Strategy and a Marketing Strategy.

Figure 3 Summary of Incentive Programs

Program	Location of Property
	In Central Area, Mixed Use Centres, along Mainstreets or within 600 metres of existing/ planned rapid transit stations	Not in Central Area, Mixed Use Centres, along Mainstreets or within 600 metres of existing/planned rapid transit stations
Project Feasibility Study Grant Program	Grant equivalent to 50% of the cost of an eligible project feasibility study. Maximum grant of $5,000. Maximum one study per property.	Grant equivalent to 50% of the cost of an eligible project feasibility study. Maximum grant of $5,000. Maximum one study per property
Environmental Site Assessment Grant Program	Grant equivalent to 50% of the cost of an eligible environmental site assessment, remedial action plan or risk assessment. Maximum grant of $15,000 per study. Maximum of 2 studies per property/project. Maximum total grant of $25,000 per property/project.	Grant equivalent to 50% of the cost of an eligible environmental site assessment, remedial action plan or risk assessment. Maximum grant of $15,000 per study. Maximum of 2 studies per property/project. Maximum total grant of $25,000 per property/project.
Property Tax Assistance Program	Cancellation of the municipal property tax increase for up to 5 years. Cancellation of the education property tax increase for up to 3 years[3].	Cancellation of the municipal property tax increase for up to 3 years. Cancellation of the education property tax increase for up to 3 years³.
Rehabilitation Grant Program	Grant equivalent to 70% of the municipal property tax increase for up to 10 years	Grant equivalent to 70% of the municipal property tax increase for up to 5 years
Building Permit Fee Grant Program	Grant equivalent to 30% of building permit fee	Not available
Development Charge Reduction Program (Brownfields)[4]	Up to 100% reduction of development charge payable	Up to 50% reduction of development charge payable

6.2 General Program Requirements

The general and program specific requirements contained in this CIP are not necessarily exhaustive and the City reserves the right to include other requirements and conditions as deemed necessary on a property specific basis. All of the financial incentive programs contained in this CIP are subject to the following general requirements as well as the individual requirements specified under each program.

a) The City reserves the right to audit the cost of project feasibility studies, environmental studies, environmental remediation works, and/or rehabilitation works that have been approved under any of the financial incentive programs, at the expense of the applicant;

b) The City is not responsible for any costs incurred by an applicant in relation to any of the programs, including without limitation, costs incurred in anticipation of a grant and/or tax assistance;

c) If the applicant is in default of any of the general or program specific requirements, or any other requirements of the City, the City may delay, reduce or cancel the approved grant and/or tax assistance;

d) The City may discontinue any of the programs at any time, but applicants with approved grants and/or tax assistance will still receive said grant and/or tax assistance, subject to meeting the general and program specific requirements;

e) All proposed works approved under the incentive programs and associated improvements to buildings and/or land shall conform to all municipal by-laws, policies, procedures, standards and guidelines, including applicable Official Plan and zoning requirements and approvals;

f) The improvements made to buildings and/or land shall be made pursuant to a Building Permit, and/or other required permits, and constructed in accordance with the Ontario Building Code;

g) Outstanding work orders, and/or orders or requests to comply, and/or other charges from the City (including tax arrears) must be satisfactorily addressed prior to grant and/or tax assistance payment;

h) City staff, officials, and/or agents of the City may inspect any property that is the subject of an application for any of the financial incentive programs offered by the City; and,

The total of all grants, loans and tax assistance provided in respect of the particular lands and buildings of an applicant under the programs contained in this CIP shall not exceed the cost of rehabilitating said lands and buildings.

6.3 Project Feasibility Study Grant Program

6.3.1 Purpose

The purpose of the Project Feasibility Study Grant Program is to promote the undertaking of feasibility studies so that potential investors can obtain more and better information with respect to the costs of reusing, rehabilitating and retrofitting brownfield buildings and lands.

6.3.2 Description

The Project Feasibility Study Grant Program will provide a matching grant of 50% of the cost of an eligible feasibility study to a maximum grant of $5,000 with a maximum of one study per property. Eligible feasibility studies include but are not limited to:

a) structural analyses;

b) evaluation of mechanical and electrical systems;

c) concept plans;

d) market analyses; and,

e) any other feasibility study as approved by the City.

Review and evaluation of an application and supporting materials against program eligibility requirements will be done by City staff and a decision on the grant application will be made by City staff, subject to delegation of this approval authority from Council. Applications will be processed and approved on a first come, first serve basis, subject to availability of funding as approved by Council.

Grants approved under this program would be provided to applicants following submission to the City for review of the final completed study with the original invoice, indicating that the study consultants have been paid in full. The grant will be paid on the lesser of a cost estimate provided by the consultant conducting the study or the actual cost of the study. The grant may be reduced or cancelled if the study is not completed, not completed as approved, or if the consultant(s) that conducted the study are not paid. The applicant will agree to provide the City with permission to provide the study to subsequent owners and interested parties, should the applicant decide not to proceed with reuse, rehabilitation or retrofitting of the site.

The Project Feasibility Study Grant Program will commence on or after the date of approval of this Plan by the Minister of Municipal Affairs and Housing and will be offered for an initial period of five years, with an option to extend the program for up to another five years, subject to the availability of funding as approved by City Council.

6.3.3 Requirements

Applicants are eligible to apply for funding under this program, subject to meeting the general program requirements, the following program requirements, and subject to the availability of funding as approved by Council:

a) A grant application must be submitted to the City prior to the start of any feasibility study to which the grant will apply;

b) If the applicant is not the owner of the property, the applicant must provide written consent from the owner of the property to make the application and conduct the study;

c) Feasibility studies shall be for the purpose of:

i) structural analyses;

ii) evaluation of mechanical and electrical systems;

iii) concept plans;

iv) market analyses; and

v) any other feasibility study as approved by the City;

d) Applications will include:

i) a detailed study work plan;

ii) a cost estimate for the study; and

iii) a description of the planned redevelopment, including any planning applications that have been submitted/approved;

e) All completed feasibility studies must comply with the description of the studies as provided in the grant application form;

f) One electronic and one hard copy of the study findings shall be submitted to the City for the City’s review and retention.

6.3.4 Administration

Guidelines for the administration of this program are attached in Appendix E. Appendix E does not form part of this Plan. The Guidelines for administration of this program may be changed from time to time, as required, without amendment to this Plan.

6.4 Environmental Site Assessment Grant Program

6.4.1 Purpose

The purpose of the Environmental Site Assessment Grant Program is to promote the undertaking of environmental studies so that more and better information is available with respect to the type of contamination and potential remediation costs on brownfield properties.

6.4.2 Description

A Phase I Environmental Site Assessment (ESA) has become a standard requirement of most financial institutions. A Phase I ESA does not provide detailed information with respect to the type of contamination and cost of remediation. Therefore, Phase I ESA’s are not eligible for funding under this program. To be eligible to apply for the Environmental Site Assessment Grant Program, a Phase I ESA must have been completed on the property and must show that the property is suspected of environmental contamination.

The Environmental Site Assessment Grant Program will provide a matching grant of 50% of the cost of an eligible environmental study to a maximum grant of:

a) $15,000 per study;

b) two studies per property/project, and;

c) $25,000 per property/project.

Eligible environmental studies include a Phase II ESA, Remedial Work Plan, and a Risk Assessment. Environmental site assessment grants will only be offered on eligible properties where there is potential for rehabilitation and/or redevelopment of the property.

Grants approved under this program would be provided to applicants following submission to the City for review of the final completed study with the original invoice, indicating that the study consultants have been paid in full. The grant will be paid on the lesser of a cost estimate provided by the qualified person (consultant) conducting the study or the actual cost of the study. The grant may be reduced or cancelled if the study is not completed, not completed as approved, or if the consultant(s) that conducted the study are not paid.

The applicant will agree to provide the City with permission to notify any other subsequent project proponents of the existence of an environmental study or studies.

The Environmental Site Assessment Grant Program will commence on or after the date of approval of this Plan by the Minister of Municipal Affairs and Housing and will be offered for an initial period of five years, with an option to extend the program for up to another five years, subject to the availability of funding as approved by City Council.

6.4.3 Requirements

a) A grant application must be submitted to the City prior to the start of any environmental study to which the grant will apply;

b) If the applicant is not the owner of the property, the applicant must provide written consent from the owner of the property to make the application and conduct the study;

c) Environmental studies shall be for the purpose of:

i) confirming and describing contamination at the site (partial or complete Phase II ESA);

ii) developing a plan to remove, treat, or otherwise manage contamination found on the site (Remedial Work Plan/Risk Assessment);

d) Applicants must complete and submit to the City for review a Phase I ESA that demonstrates that site contamination is likely;

e) Applications will include:

i) a detailed study work plan;

ii) a cost estimate for the study; and,

iii) a description of the planned redevelopment, including any planning applications that have been submitted/approved;

f) All environmental studies shall be completed by a “qualified person” as defined by Ontario Regulation 153/04;

g) All completed environmental studies must comply with the description of the studies as provided in the grant application form;

h) One hard copy of the study findings shall be supplied to the City for review.

6.4.4 Administration

Guidelines for the administration of this program are attached in Appendix F. Appendix F does not form part of this Plan. The Guidelines for administration of this program may be changed from time to time, as required, without amendment to this Plan.

6.5 Property Tax Assistance Program

6.5.1 Purpose

The purpose of the Property Tax Assistance Program is to encourage the remediation and rehabilitation of brownfield sites by providing a cancellation of the property tax increase on a property that is undergoing or has undergone remediation and development to assist with payments of the costs of environmental remediation. This program applies only to properties requiring environmental remediation and/or risk assessment/management.

6.5.2 Description

The legislative authority for the Property Tax Assistance Program is established under 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 cancellation of all or a portion of the taxes levied on that property for municipal and education purposes during the “rehabilitation period” (maximum 18 months from the date that tax assistance begins) and the “development period” of the property, as defined in Section 365.1 of the Municipal Act, 2001. Matching education property tax assistance for eligible properties under the provincial Brownfields Financial Tax Incentive Program (BFTIP), or through any other replacement programs administered by the Ministry of Finance, is subject to approval of the Minister of Finance on a case-by-case basis.

An “eligible property” for the Property Tax Assistance Program is a property within the community improvement project area where a Phase II Environmental Site Assessment (ESA) has been conducted, and that as of the date the Phase II ESA was completed, did not meet the required standards under subparagraph 4i of Section 168.4(1) of the Environmental Protection Act to permit a Record of Site Condition (RSC) to be filed in the Environmental Site Registry.

“Eligible costs” for the Property Tax Assistance Program are the costs of any action taken to reduce the concentration of contaminants on, in or under the property to permit a record of site condition (RSC) to be filed in the Environmental Site Registry under Section 168.4 of the Environmental Protection Act. This includes the costs of:

a) Phase II ESAs, Remedial Work Plans, and Risk Assessments not covered by the Environmental Site Assessment Grant Program;

b) environmental remediation, including the costs of preparing a RSC;

c) placing clean fill and grading;

d) installing environmental and/or engineering controls/works as specified in the Remedial Work Plan and/or Risk Assessment;

e) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment;

f) environmental insurance premiums.

In no case will the total amount of tax assistance provided under the Property Tax Assistance Program exceed the total of these eligible costs.

The municipal property tax assistance provided will cease:

a) when the total tax assistance provided equals the total eligible costs as specified above; or,

b) after five years, whichever comes first.

The matching education property tax assistance will cease:

a) when the total tax assistance provided equals the total eligible costs as specified above; or,

b) after such time period as is approved by the Minister of Finance[5], whichever comes first.

Based on the growth management rationale outlined in the City’s Official Plan, applications for property tax assistance in the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations will be eligible for cancellation of the municipal property tax increase for up to five years and cancellation of the education property tax increase for up to the time period as approved by the Minister of Finance. Applications for sites outside these priority areas will be eligible for cancellation of the municipal property tax increase and the education property tax increase for up to three years.

The matching education property tax assistance is subject to approval by the Minister of Finance. The matching education property tax assistance may be provided on a different schedule from the municipal property tax assistance provided by the City and may be subject to additional conditions. The City may continue to offer municipal property tax assistance beyond the period for which the Minister of Finance agrees to offer education property tax assistance.

The property will be subject to passing of a by-law by the City that authorizes the provision of the tax assistance. This by-law will contain conditions required by the City as well as conditions required by the Minister of Finance. In order for the by-law to apply to education property taxes, before it is passed by the City, the by-law must be approved in writing by the Minister of Finance.

Applications will be processed and approved on a first come, first serve basis, subject to availability of funding as approved by Council. Review and evaluation of an application and supporting materials against program eligibility requirements will be done by City staff who will then make a recommendation to City Council. The application is subject to approval by City Council. As a condition of approval of an application for Property Tax Assistance, the property owner must enter into an agreement with the City. This Agreement will specify the terms, duration and default provisions of the property tax assistance. This Agreement is also subject to approval by City Council.

The Property Tax Assistance Program will commence on or after the date of approval of this Plan by the Minister of Municipal Affairs and Housing and will be offered for an initial period of five years, with an option to extend the program for up to another five years, subject to the availability of funding as approved by City Council and the Minister of Finance.

6.5.3 Requirements

Only owners of property within the community improvement project area are eligible to apply for funding under this program, subject to meeting the general program requirements, the following program requirements, and subject to availability of funding as approved by City Council and the Minister of Finance:

a) An application for property tax assistance must be submitted to the City prior to the start of any remediation works to which the tax assistance will apply;

b) The application must be accompanied by a Phase II ESA prepared by a qualified person that shows that the property does not meet the standards under subparagraph 4i of Section 168.4(1) of the Environmental Protection Act to permit a Record of Site Condition (RSC) to be filed in the Environmental Site Registry;

c) The application must be accompanied by a Phase II ESA, Remedial Work Plan or Risk Assessment prepared by a qualified person that contains:

i) an estimate of the cost of actions that will be required to reduce the concentration of contaminants on, in or under the property to permit a record of site condition (RSC) to be filed in the Environmental Site Registry under Section 168.4 of the Environmental Protection Act; and

ii) a work plan and budget for said environmental remediation and/or risk management actions;

d) As a condition of the application, the City may require the applicant to submit a Business Plan for redevelopment of the property (as applicable), with said Plan to the City’s satisfaction;

e) The property shall be rehabilitated such that the work undertaken is sufficient to at a minimum result in an increase in the assessed value of the property;

f) The total value of the property tax assistance provided under this program shall not exceed total eligible costs. This includes the eligible costs of:

i) Phase II ESAs, Remedial Work Plans, and Risk Assessment not covered by the Environmental Site Assessment Grant Program;

ii) environmental remediation, including the costs of preparing a RSC;

iii) placing clean fill and grading;

iv) installing environmental and/or engineering controls/works as specified in the Remedial Work Plan and/or Risk Assessment;

v) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment;

vi) environmental insurance premiums;

g) All property owners participating in this program will be required to enter into an agreement with the City that will specify the terms, duration and default provisions of the tax assistance;

h) All Property Tax Assistance Program applications and agreements must be approved by Council;

i) Should the owner of the property default on any of the conditions in the by-law, the tax assistance provided (plus interest) will become payable to the City and the Province;

6.5.4 Administration

Guidelines for the administration of this program are attached in Appendix G. Appendix G does not form part of this Plan. The Guidelines for administration of this program may be changed from time to time, as required, without amendment to this Plan.

6.6 Rehabilitation Grant Program

6.6.1 Purpose

The purpose of the Brownfields Rehabilitation Grant Program is to encourage the remediation, rehabilitation and adaptive re-use of brownfield sites by providing grants to help pay for additional rehabilitation costs normally associated with brownfield sites.

6.6.2 Description

The Rehabilitation Grant Program will provide a financial incentive in the form of an annual grant for up to ten years to help offset the cost of rehabilitating eligible brownfield properties only where that rehabilitation results in an increase in assessment value and property taxes on these properties. An application can be made for the Rehabilitation Grant Program or the Property Tax Assistance Program, or both programs together. The annual grant available under the Rehabilitation Grant Program can be paid only once final building inspection has taken place, reassessment of the property has taken place, and the property owner has paid the property taxes in full for the year in which the grant is to be provided. If an application for both the Rehabilitation Grant Program and the Property Tax Assistance Program has been approved, the annual grant available under the Rehabilitation Grant Program will begin when the benefits of the Property Tax Assistance Program end.

“Eligible costs” for the Rehabilitation Grant Program include the costs of:

a) Phase II ESAs, Remedial Work Plans, and Risk Assessments not covered by the Environmental Site Assessment Grant Program or the Property Tax Assistance Program;

b) environmental remediation, including the costs of preparing a RSC, not covered by the Property Tax Assistance Program;

c) placing clean fill and grading not covered by the Property Tax Assistance Program;

d) installing environmental and/or engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Property Tax Assistance Program;

e) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Property Tax Assistance Program;

f) environmental insurance premiums not covered by the Property Tax Assistance Program;

g) the following Leadership in Energy and Environmental Design (LEED) Program Components:

i) base plan review by a certified LEED consultant;

ii) preparing new working drawings to the LEED standard;

iii) submitting and administering the constructed element testing and certification used to determine the LEED designation;

h) demolishing buildings;

i) building rehabilitation and retrofit works;

j) upgrading on-site infrastructure including water services, sanitary sewers and stormwater management facilities;

k) constructing/upgrading off-site infrastructure including roads, water services, sanitary sewers, stormwater management facilities, electrical and gas utilities, where this is required to permit remediation, rehabilitation and/or adaptive reuse of the property that is subject of the application.

In no case will the total amount of the grant provided under the Rehabilitation Grant Program exceed the total of these eligible costs.

The annual grant available under the Rehabilitation Grant Program will be offered as a tax-increment based grant on a “pay-as-you go” basis. The applicant will initially pay for the entire costs of rehabilitation. When the City receives the incremental property taxes that result from the rehabilitation project, the City will reimburse the applicant in the form of an annual grant equivalent to 70% of the increase in municipal taxes that results from the project for a period of up to ten years, or up to the time when total grant payments equal total eligible costs, whichever comes first.

Based on the growth management rationale in the City’s Official Plan, applications for sites in the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations will be eligible for annual grant payments for up to ten years. Applications for sites outside these priority areas will be eligible for grant payments for up to five (5) years.

Applications will be processed and approved on a first come, first serve basis, subject to availability of funding as approved by Council. Review and evaluation of an application and supporting materials against program eligibility requirements will be done by City staff who will then make a recommendation to City Council. The application is subject to approval by City Council. As a condition of approval of an application for a Rehabilitation Grant, the applicant must enter into an agreement with the City. This Agreement will specify the terms, duration and default provisions of the grant. This Agreement is also subject to approval by City Council.

The amount of municipal taxes (“base rate”) will be determined before commencement of the project. The increase in municipal property taxes (or “municipal tax increment”) will be calculated as the difference between the base rate and the amount of municipal taxes levied as a result of re-valuation by the Municipal Property Assessment Corporation (MPAC) following project completion. The amount of the grant will be recalculated every year based on the municipal taxes levied and the municipal tax increment every year.

The Rehabilitation Grant Program will commence on or after the date of approval of this Plan by the Minister of Municipal Affairs and Housing and will be offered for a period of ten years, subject to the availability of funding as approved by City Council.

6.6.3 Requirements

a) A grant application must be submitted to the City prior to the start of any rehabilitation works to which the grant will apply;

b) Such application shall include reports, plans, estimates, contracts and other details as may be required to satisfy the City with respect to the eligible costs and conformity of the project with the CIP;

c) If the application includes costs for environmental remediation, the application must be accompanied by a Phase II ESA, Remedial Work Plan or Risk Assessment Plan prepared by a qualified person that contains:

ii) a work plan and budget for said environmental remediation, and/or risk management actions;

d) As a condition of the grant application, the City may require the applicant to submit a Business Plan, with said Plan to the City’s satisfaction;

e) The property shall be rehabilitated such that the amount of work undertaken is sufficient to at a minimum result in an increase in the assessed value of the property;

f) The total value of the grant provided under this program shall not exceed total eligible costs. This includes the costs of:

i) Phase II ESAs, Remedial Work Plans, and Risk Assessments not covered by the Environmental Site Assessment Grant Program or the Property Tax Assistance Program;

ii) environmental remediation, including the costs of preparing a RSC, not covered by the Property Tax Assistance Program;

iii) placing clean fill and grading not covered by the Property Tax Assistance Program;

iv) installing environmental and/or engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Property Tax Assistance Program;

v) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Property Tax Assistance Program;

vi) environmental insurance premiums not covered by the Property Tax Assistance Program;

vii) the following Leadership in Energy and Environmental Design (LEED) Program Components:

i) base plan review by a certified LEED consultant;

ii) preparing new working drawings to the LEED standard;

iii) submitting and administering the constructed element testing and certification used to determine the LEED designation;

viii) demolishing buildings;

ix) building rehabilitation and retrofit works;

x) upgrading on-site infrastructure, including water services, sanitary sewers and stormwater management facilities;

xi) constructing/upgrading off-site infrastructure including roads, water services, sanitary sewers, stormwater management facilities, electrical and gas utilities, where this is required to permit remediation, rehabilitation and/or adaptive reuse of the property that is subject of the application.

g)All applicants participating in this program will be required to enter into an agreement with the City which will specify the terms of the grant;

h) All Rehabilitation Grant Program applications and agreements must be approved by City Council or City Council’s designate;

i) If a building(s) erected on a property participating in this program is demolished before the grant period expires, the remainder of the monies to be paid out under the grant shall be forfeited;

j) The owner shall file in the Environmental Site Registry a RSC for the property signed by a qualified person, and the owner shall submit to the City proof that the RSC has been acknowledged by the Ministry of Environment (MOE). This condition applies even if the owner is applying only for non-environmental costs (items f)viii-xi above).

6.6.4 Administration

Guidelines for the administration of this program are attached in Appendix H. Appendix H does not form part of this Plan. The Guidelines for administration of this program may be changed from time to time, as required, without amendment to this Plan.

6.7 Building Permit Fee Grant Program

6.7.1 Purpose

The purpose of the Building Permit Fee Grant Program is to provide an additional incentive to augment the other brownfield redevelopment incentive programs and to facilitate and spur adaptive re-use and new construction activity on former brownfield sites in high priority areas.

6.7.2 Description

For properties in the Central Area, Mixed Use Centres, along Mainstreets and within 600 metres of existing or planned rapid transit stations that have been approved for Property Tax Assistance and/or the Rehabilitation Grant Program, the Building Permit Fee Grant Program will provide a grant equivalent to 30% of the building permit fee payable.

A separate application will not be required for the Building Permit Fee Grant Program. Applicants who have an approved Property Tax Assistance and/or the Rehabilitation Grant Program application will notify the Building Services Branch of this at the time of application for building permit application.

Once a building permit has been issued, building construction is complete, and the applicant has met all the terms of their approved Property Tax Assistance and/or the Rehabilitation Grant Program agreement, the City will provide a grant equivalent to 30% of building permit fees paid.

The Building Permit Fee Grant Programs will commence on or after the date of approval of this Plan by the Minister of Municipal Affairs and Housing and will be offered for an initial period of five years, with an option to extend the program for up to another five years, subject to the availability of funding as approved by City Council.

7.0 DEVELOPMENT CHARGE REDUCTION PROGRAM (BROWNFIELDS)

Note: This section does not form part of this CIP. The Development Charge Reduction Program is an existing program of Council. The Guidelines for the Development Charge Reduction Program (Brownfields) have been forwarded to Council separately. What appears below is a summary of these guidelines and is presented for information purposes only.

7.1 Purpose

The purpose of the Development Charge Reduction Program is to encourage the remediation, rehabilitation and adaptive re-use of brownfield sites by providing a reduction in development charges that would normally be paid at the time that a building permit is issued. This reduction would help to pay for the environmental investigation and remediation costs normally associated with brownfield sites.

7.2 Background

City Council approved a new Development Charges By-law, under the Development Charges Act, in July of 2004. This By-law includes a number of exemptions to help support the City’s growth management goals, including where authorized by Council resolution, on a base by case basis, an exemption of development charges for development on contaminated lands (brownfield) -Section 7(t) of By-law 298-2004. The ability to reduce development charges on contaminated sites will support this CIP and will help to achieve the City’s growth management objectives. The integration of the Development Charge Reduction Program for brownfields and the Rehabilitation Grant Program contained in this CIP is described below.

7.3 Description

The key terms used below are defined as per Section 1.4 (Glossary of Terms).

The Development Charge Reduction Program for brownfields will be fully integrated with the Rehabilitation Grant Program. Therefore, once this CIP is approved by the Minister of Municipal Affairs and Housing, an application for a reduction in development charges due to site contamination (brownfields) will require that an application for a Rehabilitation Grant be made. All of the General Program Requirements (Section 6.2) and Rehabilitation Grant Program Requirements (Section 6.6.3) listed in this CIP must be met. Therefore, applicants with an approved application and agreement for a property under the Rehabilitation Grant Program would have the option of reducing their development charges payable at the time of building permit issuance by up to the full amount of their eligible environmental remediation/risk management and LEED program component costs[6] which are as described in Section 6.6.3, items f) i –vii of this CIP.

In order to achieve the City’s Growth Management goals, the reduction in the development charges due to site contamination is greater for eligible properties that are located in the Central Area, Mixed Use Centres, and Mainstreets and within 600 metres of existing or planned rapid transit stations, as designated in the City’s Official Plan, as amended from time to time. The maximum amount of reduction of development charges is up to (100%) of the eligible environmental remediation/risk management and LEED program component costs in the priority areas for infill and intensification as noted above, and up to a 50% reduction in eligible costs outside of these priority areas, but within the Community Improvement Project Area.

After September 5, 2006 and prior to approval of this Brownfields Redevelopment CIP, a direct application can be made for the Development Charge Reduction Program (brownfields) pursuant to this Guideline and all of the General Program requirements and Rehabilitation Grant Program specific requirements listed in this CIP must be met.

Applications received prior to September 5, 2006 must be “eligible property” and must meet all of the General Program Requirements and the Specific Program Requirement items listed in this Guideline. Such applications may only recover “eligible costs”.

Review and evaluation of an application for Development Charge Reduction Program (brownfields) and supporting materials against program eligibility requirements will be done by City staff who will then prepare a recommendation report to City Council. The application is subject to approval by resolution of City Council. Any approved reduction in the development charge would be applied at the time that the building permit is issued.

An “eligible property” for the Development Charge Reduction Program is a property within the community improvement project area where a Phase II Environmental Site Assessment (ESA) has been conducted, and that as of the date the Phase II ESA was completed, did not meet the required standards under subparagraph 4i of Section 168.4(1) of the Environmental Protection Act to permit a Record of Site Condition (RSC) to be filed in the Environmental Site Registry.

“Eligible costs” for the Development Charge Reduction Program are the costs of any action taken to reduce the concentration of contaminants on, in or under the property to permit a record of site condition (RSC) to be filed in the Environmental Site Registry under Section 168.4 of the Environmental Protection Act. This includes the costs not covered by any other financial incentive program as described in the CIP:

a) Phase II ESAs, Remedial Work Plans, and Risk Assessments;

b) environmental remediation, including the costs of preparing a RSC;

c) placing clean fill and grading;

d) installing environmental and/or engineering controls/works as specified in the Remedial Work Plan and/or Risk Assessment;

e) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment;

f) environmental insurance premiums.

g) the following Leadership in Energy and Environmental Design (LEED) Program Components:

i) base plan review by a certified LEED consultant;

ii) preparing new working drawings to the LEED standard;

iii) submitting and administering the constructed element testing and certification used to determine the LEED designation.

The total of the above-noted costs approved under the Rehabilitation Grant Program would be applied as a credit against the development charge payable up to the maximum allowed depending on the location of the application in the context of the City’s Official Plan / growth management strategy priority areas.

In no case will the total amount of the reduction provided under this program exceed the total of these eligible costs.

7.4 Monitoring and Review

Council will be reviewing the Development Charges By-law in 2009 as required by the Development Charges Act. The reduction of development charges for brownfields currently in the development charges by-law would be reviewed at that time to determine whether it is still an appropriate financial incentive to encourage brownfields redevelopment. Reporting to Council on the Development Charge Reduction Program would occur annually.

8.0 MUNICIPAL LEADERSHIP STRATEGY

8.1 Purpose

The purpose of the Municipal Leadership Strategy is to set the framework for the City to:

a) better communicate and coordinate activities with other levels of government and the private sector involved in brownfield redevelopment; and,

b) provide better support and leadership on brownfield redevelopment projects.

The public sector actions contained in the Municipal Leadership Strategy are designed to act as catalysts to leverage private sector investment on brownfield sites.

8.2 Description

8.2.1 Coordination

The City will seek to engage other government agencies and Crown corporations (NCC, CLC, MOE, Public Works Canada) involved in brownfield redevelopment in Ottawa in discussions to develop a process to better coordinate their activities from both a regulatory and landowner/developer perspective. The goal of these discussions would be to foster a process that promotes the elimination of duplication, enhanced communication flow, planning efficiencies, and a streamlined environmental regulatory approvals process and planning process.

This process could be set in motion and formalized in two ways. First, it is recommended that the various government agencies and Crown corporations represented on the Advisory Committee, and any other government agencies as deemed necessary, form a sub-group of the Advisory Committee dedicated to dealing with issues of government coordination. This Government Coordination sub-group would meet regularly after the Brownfields Redevelopment Strategy and CIP have been adopted, approved and are in effect. One of the first tasks of this sub-group should be to identify areas of possible duplication and streamlining.

In addition to the creation of the Government Coordination sub-group, the second way in which a coordination process can be formalized is for the Government Coordination sub-group to develop a cooperative Brownfield Coordination Agreement (BCA). This agreement would:

a) include a description of the structure and process for mutual accountability;

b) clarify responsibilities and roles for each government agency based on legislation, or where legislation is vague, based on unique capabilities and resources;

c) include a commitment to review planning and regulatory approvals processes to identify and implement efficiencies; and,

d) outline a formal public consultation process (including communication tools) to be used for major brownfield redevelopment projects in Ottawa.

The City will establish a single point of contact (a brownfields coordinator) for brownfield information and financial incentives on brownfield sites. The role of this coordinator will be to administer applications for the financial incentive applications, coordinate financial incentive applications with planning applications, and provide guidance and advice to developers and their support professionals involved in brownfield redevelopment. The coordinator should also take on the role of facilitator with respect to brownfield redevelopment when there are planning and/or environmental regulatory issues. This should include acting as a facilitator with the MOE on regulatory approvals and expediting City planning and environmental approvals.

8.2.2 Municipal Support and Leadership

As per Sections 28(3) and 28(6) of the Planning Act, once a Community Improvement Project Area has been designated and a CIP is approved, a municipality may:

a) acquire, hold, clear, grade or otherwise prepare land for community improvement;

b) construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan; and,

c) sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan.

Therefore, the City may engage in any of these activities as part of its Brownfields Municipal Leadership Strategy in order to promote the undertaking of targeted projects that are identified and approved by the City.

The Municipal Leadership Strategy is a general program of municipal property acquisition, investment and involvement in pilot projects with the private sector to remediate and rehabilitate brownfield sites in Ottawa. Pilot projects can showcase the use of innovative tools such as alternative approaches to site remediation and risk management, new environmental remediation technologies, the use of environmental insurance, and/or energy efficient building technologies. In this regard, the City will explore opportunities to conduct pilot projects on one or more of its own sites, e.g., Bayview Yards, or in partnership with the National Capital Commission (NCC), e.g., on future phases of the LeBreton Flats, or with Canada Lands Company (CLC).

The City may also issue Requests for Proposals (RFP’s) on City owned brownfield sites, failed tax sale properties, and/or participate in public/private partnerships to clean up and redevelop publicly and privately owned brownfield sites.

The Municipal Leadership Strategy will be funded from the 30% tax increment that is retained by the City as a result of properties participating in the Rehabilitation Grant Program, and any initial seed funding allocated by Council. The City may then use these funds to:

a) conduct environmental site assessments on municipally-owned properties that are potentially contaminated;

b) conduct environmental site assessments on properties controlled or acquired through the tax arrears sales process and conduct requests for proposals (RFPs) on failed tax sale brownfield properties;

c) remediate, rehabilitate, reuse and improve municipally-owned brownfield properties, including undertaking or participating in pilot projects to showcase innovative remediation approaches and technologies, the use of tools such as environmental insurance, and innovative energy efficiency technologies;

d) acquire and remediate, rehabilitate, reuse and improve key privately-owned brownfield sites;

e) fund brownfield pilot projects (public-private partnerships) to remediate, rehabilitate, reuse and improve redevelop privately and publicly owned brownfield properties;

f) educate and inform the public about the importance of brownfield redevelopment; and,

g) implement a Marketing Strategy to regularly market the City’s incentive programs and brownfield redevelopment opportunities available in Ottawa to brownfield market makers such as property owners, developers, potential end users, and support professionals both within and outside the city.

Any initial seed funding and the 30% tax increment that is retained by the City as a result of properties participating in the Rehabilitation Grant Program will be placed into a Municipal Leadership Account. This account will function as a revolving fund. The allocation of the 30% tax increment to the Municipal Leadership Account will end when the Rehabilitation Grant Program ends. At that time, the City may return funds remaining in the Municipal Leadership Account to general revenues or continue to utilize these funds for leadership activities until the Municipal Leadership Account is exhausted.

The Municipal Brownfield Leadership Strategy will also provide funding to allow the City to access brownfield feasibility study and remediation funding available from the Federation of Canadian Municipalities (FCM) Green Municipal Funds (GMF). Any municipal government in Canada or its private or public sector partners can apply for funding from the GMF. The City of Ottawa was successful in obtaining a grant from FCM for the preparation of this Strategy and the Brownfields Redevelopment CIP. An appropriately funded Municipal Leadership Strategy will allow the City the financial means to leverage FCM funding to help implement this Strategy.

8.3 Guideline for Identifying Priority Brownfield Sites and Projects

When identifying and evaluating sites for acquisition, partnering or any of the other municipal leadership actions described in this Plan, the City should be strategic in its approach. Therefore, the City will utilize the following criteria when evaluating and selecting sites and projects for purposes of the Municipal Leadership Strategy:

a) The property is located in one of the high priority areas for infill and intensification identified in the Official Plan;

b) The site has a good or excellent location with high visibility and accessibility to major transportation routes;

c) The site is commercially viable and marketable;

d) The site is a “stigmatized” site, the cleanup and redevelopment of which will likely act as a catalyst for community improvement of the neighbourhood or employment area in which the site is located;

e) The site is designated under the Ontario Heritage Act or exhibits significant heritage and architectural characteristics;

f) The site is surrounded in whole or in part by residential or other sensitive land uses;

g) The site could be a “destination” site drawing large numbers of visitors/shoppers/diners and this would promote additional revitalization in the area where the site is located;

h) The proposed project will result in the leveraging of significant private sector investment resulting in a significant increase in property tax revenues, employment and/or residential opportunities;

i) The proposed project will showcase innovative remediation approaches, technologies, risk assessment approaches and/or Smart Growth design and building principles.

Note that a site or project does not need to meet all of these criteria to be considered eligible for acquisition, partnering or any of the other municipal leadership actions described in this Plan.

9.0 MARKETING STRATEGY

9.1 Purpose

The incentive programs in this CIP are designed to make brownfield redevelopment opportunities in Ottawa much more attractive. Therefore, it is important to the successful implementation of this CIP that these incentive programs and brownfield redevelopment opportunities available in Ottawa be effectively communicated to property owners, developers, potential end users, and support professionals both within and outside the city. The purpose of this Marketing Strategy is to proactively and regularly advertise and market the City’s brownfield redevelopment incentive programs and publicly and privately owned brownfield redevelopment opportunities in order to help implement the Brownfields Redevelopment Strategy and CIP.

9.2 Description

The City will implement a comprehensive Marketing Strategy to market its brownfield redevelopment incentive programs and brownfield redevelopment opportunities, provide information on obtaining assistance and advice, and educate the public and other stakeholders (including governmental bodies) on environmental site assessment and remediation processes. This marketing program will include an internal communications component to educate City staff on the benefits of brownfield redevelopment, the City’s Brownfields Redevelopment Strategy and CIP, and how it will affect departmental operations and decision-making. This marketing program will also include the development of a brochure that describes the City’s brownfield redevelopment incentive programs and information on the City’s web site.

9.2.1 Target Audiences

The Marketing Strategy will be targeted to:

a) Brownfield market makers, i.e., the key stakeholders who cause brownfield properties to be transacted, remediated and rehabilitated, including:

i) owners/managers of brownfield properties in Ottawa;

ii) potential developers of brownfield properties; and,

iii) potential end users;

b) Support professionals, including:

i) lending institutions such as banks and trust companies;

ii) real estate professionals and organizations;

iii) environmental consultants and contractors;

iv) legal services industry;

v) planning consultants and architects;

c) The general public, in order to enhance support for the Strategy and site-specific brownfield redevelopment projects;

d) Internal City staff.

9.2.2 Marketing Tools

The Marketing Strategy will be a comprehensive multi-media program containing information, education and advertising components. The following key tools may be utilized to implement the Marketing Strategy:

a) Publications

i) A brochure containing pertinent points (as updated) from the Ottawa Brownfields Redevelopment Community Information Package and a description of the financial incentive programs available from the City, including general program requirements and how to apply;

ii) A Profile of Brownfield Redevelopment Opportunities (where landowners agree) within the City of Ottawa;

iii) Brownfield incentive programs and brownfield redevelopment success stories profiled in planning and economic development documents and newsletters and other publications such as the Ottawa Insider;

iv) Application forms and Program Guides that provide a description of “how to apply” for the programs.

b) Web Site Materials

i) Web page enhancements via the addition of the Ottawa Brownfields Redevelopment Community Information Package;

ii) Addition of the Profile of Brownfield Redevelopment Opportunities to existing searchable real estate databases.

c) Presentations to Brownfield Stakeholders and Support Professionals

The brownfield coordinator will make periodic presentations on the incentive programs contained in this CIP and brownfield success stories to industry groups such as the development community, real estate, environmental and planning consulting, finance, insurance and legal professionals.

d) Brownfield Conferences

Organization and hosting of a brownfield conference by the City of Ottawa, subject to availability of funding. The goal of this conference would be to inform and educate all of the stakeholders in brownfield redevelopment (developers, builders, lenders, end users, consultants, real estate and legal professionals, community groups, City staff, politicians and media) on positive approaches to brownfield redevelopment. The conference will also be used by the City to introduce and showcase the programs contained in its Brownfields CIP as well as brownfield redevelopment success stories and opportunities in the City of Ottawa. Where possible, City staff should also attend brownfield conferences in Canada and the United States in order to proactively market the City’s brownfield redevelopment programs and opportunities utilizing the above-noted publications and materials.

e) Media Releases

Press releases and profiles of successful brownfield redevelopment projects and initiatives sent to local and outside media.

9.2.3 Key Messages

The following are the key messages that will be integrated into the above-noted publications, web site materials, presentations and media releases:

a) Brownfields are vacant or underutilized sites that may have real or perceived contamination problems;

b) Brownfields represent a significant economic opportunity in Ottawa;

c) The impediments to brownfield redevelopment can be overcome by the use of innovative approaches to planning, remediation and the use of now available financial incentives;

d) The cleaning up and rehabilitation of brownfields results in improvements in environmental quality, human health and economic growth;

e) Brownfield redevelopment is Smart Growth because it efficiently uses existing services and reduces urban sprawl into prime agricultural areas and its associated costs. Brownfield redevelopment will help the City to achieve its growth management goals;

f) Brownfield reinvestment brings economic activity to derelict and underused sites. It generates employment and increased property tax revenues for the City;

g) Brownfield redevelopment can revitalize blighted residential neighbourhoods and employment areas;

h) The City is being proactive in encouraging reinvestment in brownfield sites by implementing brownfield supportive planning policies, offering financial incentives, implementing a municipal leadership strategy and working with developers of brownfield sites to expedite the development approvals process on these sites;

i) The City wants to find new opportunities and partnerships to deal with brownfields and the City is looking for interest from all types of developers and entrepreneurs (big and small).

10.0 MONITORING PROGRAM

10.1 Purpose

The purpose of the Monitoring Program is to monitor the performance and impact of the incentive programs and the Municipal Leadership Strategy and to utilize this information to make adjustments to the incentive programs and the Municipal Leadership Strategy in order to help ensure that the goals of the Brownfields Redevelopment CIP are successfully accomplished.

10.2 Description

Figure 4 presents a list of the variables that should be monitored on an individual project and aggregate basis for the incentive programs and the Municipal Leadership Strategy. As well, the feedback received from users of the financial incentive programs should also be considered. It is important that the results of the monitoring program be utilized to help ensure that the incentive programs and the Municipal Leadership Strategy be effective for both small and large brownfield projects.

The City should also attempt to monitor the results of the programs in Figure 4 in terms of financial and social benefits. For example, the increase in long-term property tax revenues from a brownfield redevelopment project can be compared to the total municipal financial incentive provided to the project to determine which projects are providing the highest return on investment. The cost savings associated with not having to extend public services into greenfield areas could be monitored. Increases in use of public transit and improvements in property values and social conditions in neighbourhoods where brownfield redevelopment projects are taking place should also be monitored.

It is recommended that the Advisory Committee that was struck to assist the City with preparation of this CIP should be maintained and should meet regularly after the Brownfields Redevelopment Strategy and CIP have been adopted, approved and are in effect. One of the key roles of the Advisory Committee would then be to assist the City in monitoring implementation of the Brownfields Redevelopment Strategy and CIP.

Progress on implementation and the empirical results of the incentive programs and the Municipal Leadership Strategy should be reported on a regular basis (at least annually) to City Council. These monitoring results should also be used to recommend any adjustments that should be made to the terms and requirements of the financial incentive programs in order to improve these programs.

10.3 Program Adjustments

The feedback from monitoring of the CIP may lead to minor revisions to programs contained in this CIP. Therefore, the City may periodically review and adjust the terms and requirements of any of the programs contained in this Plan, or discontinue any of the programs contained in this Plan, without amendment to the Plan. Such minor changes or discontinuation of programs will be provided to the Minister of Municipal Affairs and Housing for information purposes only. Increases in funding provided by existing financial incentives or the addition of any new programs to this Plan, or an expansion of the Community Improvement Project Area will require a formal amendment in accordance with Section 28 of the Planning Act.

Any formal amendments to this Plan will require approval by the Minister of Municipal Affairs and Housing, and shall be undertaken in accordance with Section 28 of the Planning Act.

Figure 4 Variables to be Monitored

Program

Variable

Project Feasibility Study Grant Program

- Number of applications

- Type of Feasibility Study

- Cost of study

- Amount of Feasibility Study Grant

- Number of Feasibility Study Grant Applications leading to Property Tax Assistance,

Rehabilitation Grant Applications and/or actual environmental remediation and

rehabilitation projects

Environmental Site Assessment Grant Program

- Number of applications

- Type of ESA (Phase II, Remedial Work Plan, or Risk Assessment)

- Cost of study

- Amount of Environmental Study Grant

- Number of Environmental Study Grant Applications leading to Tax Assistance,

Rehabilitation Grant Applications and/or actual environmental remediation and

rehabilitation projects

Property Tax Assistance Program

- Number of applications

- Increase in assessed value of participating properties

- Estimated and actual amount of municipal and education tax assistance provided

- Hectares/acres of land remediated and redeveloped

- Industrial/commercial space (sq.ft.) rehabilitated or constructed

- Residential units/sq.ft. rehabilitated or constructed

- $ Value of private sector investment leveraged

- Jobs created/maintained

- Number of program defaults

Rehabilitation Grant Program

- Number of applications

- Increase in assessed value of participating properties

- Increase in municipal and education property taxes of participating properties

- Estimated and actual amount of tax increment financing grants provided

- Hectares/acres of land remediated and redeveloped

- Industrial/commercial space (sq.ft.) rehabilitated or constructed

- Residential units/sq.ft. rehabilitated or constructed

- $ Value of private sector investment leveraged

- Jobs created/maintained

- Number of program defaults

Building Permit Fee Grant Program

- Number and $ value of building permit fee grants

- $ Value of building permit fee paid

- $ Value of building permit issued

Municipal Leadership Strategy

- Funding amount by project type and purpose

- Amount of other government funding leveraged

- Increase in municipal and education property taxes of participating properties

- Estimated and actual amount of tax increment financing grants provided

- Hectares/acres of land remediated and redeveloped

- Industrial/commercial space (sq.ft.) rehabilitated or constructed

- Residential units/sq.ft. rehabilitated or constructed

- $ Value of private sector investment leveraged

- Jobs created/maintained

- Number of program defaults

11.0 REFERENCES

City of Ottawa. 2003. “A Window on Ottawa 20/20: Ottawa’s Growth Management Strategy”, Ottawa, Ontario.

City of Ottawa. 2003. “City of Ottawa Official Plan as adopted by City Council – May 2003, Volume 1”. Ottawa, Ontario.

Deason, J.P., Sherk, W.G. and G. A. Carroll. 2001. “Public Policies and Private Decisions Affecting the Redevelopment of Brownfields: An Analysis of Critical Factors, Relative Weights and Areal Differentials”, submitted to the U.S. Environmental Protection Agency, Washington, D.C., The George Washington University.

National Roundtable on the Environment and the Economy (NRTEE). 2003. “Cleaning Up the Past, Building the Future – A National Brownfield Redevelopment Strategy for Canada”. Ottawa, Ontario.

Regional Analytics. 2002. “A Preliminary Investigation into the Economic Impact of Brownfield Redevelopment Activities in Canada”, prepared for the National Roundtable on the Environment and the Economy. Burlington, Ontario.

APPENDIX A

City of Ottawa Official Plan

Section 5.2.5 - Community Improvement Policies

5.2.5 Community Improvement

The Community Improvement provisions of the Planning Act allow municipalities to prepare community improvement plans for designated community improvement project areas that require community improvement as the result of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. Once a community improvement plan has been adopted by a municipality, approved by the Province, and is in effect, the municipality may offer incentives to encourage private sector investment. The municipality may also undertake a wide range of actions for the purpose of carrying out the community improvement plan.

Policies

General

1. The City will maintain and promote an attractive and safe living and working environment through community improvement. To this end, community improvement will be accomplished through the:

a) Designation by by-law of Community Improvement Project Area(s), the boundary of which may be part or all of the urban area of the City of Ottawa, and/or part or all of one or more villages as defined in this Plan, and as amended from time to time;

b) Preparation, adoption and implementation of a Community Improvement Plan(s) within a designated Community Improvement Project Area(s), pursuant to the Planning Act and the Community Improvement Policies set out in this Plan.

c) Ongoing maintenance, rehabilitation, redevelopment and upgrading of areas characterized by deficient/obsolete/deteriorated buildings, deficient municipal recreational or hard services, and social, community, or economic instability; and,

d) Establishment of programs to facilitate municipal and private sector rehabilitation and redevelopment that addresses identified economic development, land development, environmental, energy efficiency, housing, and/or social development issues/needs.

Community Improvement Project Areas

2. The designation of Community Improvement Project Areas shall be based on one or more of the following conditions being present:

a) Known or perceived environmental contamination;

b) Vacant lots and underutilized properties and buildings which have potential for infill, redevelopment or expansion to better utilize the land base or the public infrastructure;

c) Other barriers to the repair, rehabilitation or redevelopment of underutilized land and/or buildings.

d) Buildings, building facades, and/or property, including buildings, structures and lands of heritage and/or architectural significance, in need of preservation, restoration, repair, rehabilitation, energy efficiency or renewable energy improvements, or redevelopment;

e) Absence of an adequate mix of uses;

f) Deficiencies in physical infrastructure including but not limited to the sanitary sewer system, storm sewer system, and/or watermain system, streetscapes and/or street lighting, municipal parking facilities, sidewalks, curbs, or road state of repair;

g) Poor overall visual quality, including but not limited to, streetscapes and urban design and/or overhead wiring;

h) A concentration of obsolete or aging low-density land uses, vacant lots, surface parking lots and/or abandoned buildings;

i) High commercial vacancy rates.

j) Deficiencies in community and social services including but not limited to public open space, parks, indoor/outdoor recreational facilities, and public social facilities and support services;

k) Vacant lots and underutilized properties and buildings which have potential for infill, redevelopment or expansion to better utilize the land base or the public infrastructure;

l) Opportunities to improve the mix of housing types;

m) High commercial vacancy rates.

n) Any other environmental, energy efficiency, social or community economic development reasons.

3. Priority for the designation of Community Improvement Project Areas and the preparation and adoption of Community Improvement Plans shall be given to those areas:

a) Targeted for growth and intensification in Section 2.2.3 (Managing Growth Within the Urban Area), in particular, the Central Area, Traditional and Arterial Mainstreets, Mixed Use Centres and the vicinity (within 600 metres) of existing or planned rapid transit stations; and/or

b) Where the greatest number of conditions (as established in Policy 2) are present; and/or,

c) Where one or more of the conditions (as established in Policy 2) is particularly acute; and/or,

d) Where one or more of the conditions (as established in Policy 2) exists across the urban area of the city.

Community Improvement Plans

4. Community Improvement Plans may be prepared and adopted to:

a) Facilitate the renovation, repair, rehabilitation, remediation, redevelopment or other improvement of lands and/or buildings;

b) Facilitate the preservation, restoration, adaptive reuse and improvement of buildings with historical, architectural or other heritage significance;

c) Facilitate the development of mixed use buildings, or the introduction of a wider mix of uses in areas that are deficient in mixed uses;

d) Facilitate the restoration, maintenance, improvement and protection of natural habitat, parks, open space and recreational amenities;

e) Facilitate residential and other types of infill and intensification;

f) Facilitate the construction of a range of housing types and the construction of affordable housing;

g) Upgrade and improve municipal services and public utilities such as sanitary sewers, storm sewers, watermains, roads and sidewalks;

h) Improve pedestrian and bicycle circulation;

i) Facilitate public transit supportive land uses and improve the quality of, and accessibility to, transit facilities;

j) Contribute to the ongoing viability and revitalization of the Central Area, Mainstreets, and other areas that may require community improvement;

k) Improve environmental and energy consumption conditions;

l) Improve social conditions and support services;

m) Promote cultural development;

n) Facilitate and promote community economic development; and,

o) Improve community quality, safety and stability.

5. During the preparation of a Community Improvement Plan and any subsequent amendments, the public will be informed and public input will be obtained in keeping with the policies for Public Notification contained in this Plan.

Implementation

6. In order to implement a Community Improvement Plan in effect within a designated Community Improvement Project Area, the City of Ottawa may undertake a range of actions as described in the Community Improvement Plan, including:

a) The municipal acquisition of land and/or buildings within the Community Improvement Project Areas where a Community Improvement Plan has been adopted, approved and is in effect, and the subsequent;

i) Clearance, grading, or environmental remediation of these properties;

ii) Repair, rehabilitation, construction or improvement of these properties;

iii) Sale, lease, or other disposition of these properties to any person or governmental authority;

iv) Other preparation of land or buildings for community improvement.

b) Provision of public funds such as grants, loans and other financial instruments;

c) Application for financial assistance from senior level government programs;

d) Participation in senior level government programs that provide assistance to private landowners for the purposes of community improvement;

e) Provision of information on municipal initiatives, financial assistance programs, and other government assistance programs;

f) Support of heritage conservation through the Ontario Heritage Act.

7. All developments participating in programs and activities contained within Community Improvement Plans shall conform with the policies contained in this Plan, applicable Community Design Plans, the Zoning-By-law, Maintenance and Occupancy By-laws, and all other related municipal policies and by-laws.

8. The City shall be satisfied that its participation in community improvement activities will be within the financial capabilities of the City.

APPENDIX B

Ottawa Brownfields Advisory Committee

City of Ottawa

Chair of Advisory Committee: Dennis Jacobs, Director, Planning, Environment and Infrastructure Policy

Project Manager: Joseph Phelan, Senior Project Manager, Environmental Sustainability Division

Dianne Holmes, City Councillor

Michael Murr, Economic Development

Lesley Paterson, Strategic Projects, Economic Development

Alain C. Gonthier, Infrastructure Management Division, Public Works and Services

Jean-Guy Albert, Environment and Health Protection Division

Gord McNair, Real Estate Services

Tim Marc, Legal Services

Ken Hughes, Financial Services

Frank Bidin, Building Services

NCC, Federal and Provincial Government

Peter McCourt, National Capital Commission

Carl Dube, National Capital Commission

Michael Billowits, National Manager, Contaminated Sites, Public Works, Real Property Branch

Clayton Truax, Public Works and Government Services

Paul Page, General Manager, Ottawa Office, Canada Lands Company

Don MacCallum, Canada Lands Company

Susan Howard, Senior Policy Advisor, Finance Secretariat, Ontario Ministry of Finance

Mike Elms, Senior Planner, Ministry of Municipal Affairs and Housing

Alison Fath-York, Senior Financial Advisor, Ministry of Municipal Affairs and Housing

Alida Mitton, Ministry of the Environment

Ann Tremblay, Ottawa International Airport Authority

Private Sector

John Herbert, Ottawa-Carleton Home Builders Association

Vince Catelli, Building Owners and Managers Association

Jeff Westeinde, Windmill Development Group Ltd. and Building Owners and Managers Association.

Universities/Research/Other Organizations

Adrian Pilon, National Research Council and Montreal Centre for Excellence in Brownfields Rehabilitation

Dr. John Meligrana, Queen’s University

APPENDIX C

Ottawa Brownfields Redevelopment Community Improvement Project Area

[1] National Roundtable on the Environment and the Economy (NRTEE). 2003. Cleaning Up the Past, Building the Future – A National Brownfield Redevelopment Strategy for Canada. Ottawa, Ontario.

[2] Deason, J.P., Sherk, W.G. and G. A. Carroll. 2001. “Public Policies and Private Decisions Affecting the Redevelopment of Brownfields: An Analysis of Critical Factors, Relative Weights and Areal Differentials”, submitted to the U.S. Environmental Protection Agency, Washington, D.C., The George Washington University.

[3] Generally, matching education property tax assistance will last for a maximum of three years. Extensions are subject to the approval of the Minister of Finance.

[4] Note that this program does not form part of this CIP.

[5] Generally, matching education property tax assistance will last for a maximum of three years. Extensions are subject to the approval of the Minister of Finance.

[6] The inclusion of the LEED program component costs is aimed at encouraging the incorporation of Smart Growth design principles into new/retrofit building construction