unoccupied for at least 6 months prior to the application date to be considered vacant for the purposes of the financial incentive programs.
Underutilized: is property or space in a building that is currently not being used to its full potential, often it is accessory to but not essential to the operations of the primary use.
General Incentive Program Requirements
The general and program specific requirements are not necessarily exhaustive and the City reserves the right to include other requirements and conditions as deemed necessary on an application specific basis. All of the financial incentive programs contained in this CIP are subject to the following general requirements in addition to the individual requirements specified under each program.
- Application for any of the incentive programs contained in the CIP can be made only for real property located within the Community Improvement Project Area.
- If the applicant is not the owner of the property, the applicant must provide written consent from the owner of the property on the application. The property owner may also be required to be a party to any agreements for the financial incentive programs.
- Applicants approved for the programs contained in the CIP will be required to complete the eligible works and have the property reassessed by MPAC within specified timeframes.
- The applicant must address all outstanding work orders and/or other fees from the City (including tax arrears) against the subject property to the satisfaction of the municipality prior to the grant being paid, or be addressed as part of the proposed work.
- Any applicant that is purchasing City owned property as part of the proposal must enter into a written agreement with the City stating that they will keep and maintain the land, building and the use in conformity with the Community Improvement Plan. The agreement will also include the specific details (amount, duration, performance expectations, legal remedies, etc) of the incentive programs that will be made available to development. The agreement entered into will be registered against the land to which it applies and the City will enforce the provisions of the agreement against any party to the agreement and all subsequent owners or tenants.
General Incentive Program Provisions
All projects that are approved for financial incentives are subject to the following terms and conditions, in addition to the individual provisions specified under each program.
- Windsor City Council is the sole approval authority for all applications submitted under the financial incentive programs included in this CIP. Council may delegate to either a Committee of the Council or to an appointed officer of the municipality by position occupied the Council’s authority to approve financial incentive applications subject to the requirements of the individual financial incentive programs.
- As a condition of approval of an application for any of the financial incentive programs contained within this CIP, the applicant may be required enter into an agreement with the City at the discretion of the Administration. The agreement may be registered against the land to which it applies and will specify the terms, duration and default provisions of the grant.
- Approved grants being received through one or more of the financial incentive programs contained within this CIP can be transferred to the new owners of the property or other assignee at the sole discretion of the City subject to the new owner entering into an agreement (where applicable) with the City that fulfills the requirements of the original agreement, plus any new requirements.
- All proposed works approved under the incentive programs and associated improvements to buildings and/or land shall conform to all provincial laws, municipal by-laws, policies, procedures, standards and guidelines, including applicable Official Plan and zoning requirements and approvals.
- The applicant will be required to submit a complete application to the City describing in detail the work that is planned. This may include reports, floor plans, conceptual site plans, business plans, estimates, contracts and other details as may be required to satisfy the City with respect to conformity of the project with the CIP. The application must be submitted to the City prior to City Council’s approval of financial incentives for the project.
- All studies, drawings, reports and/or materials submitted to and/ or requested by the City to support a financial incentive program application shall be prepared by qualified professionals to the satisfaction of the City. The individual financial incentive programs may have specific requirements for information, as well as outline the specific professional qualifications necessary to complete the prescribed work.