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HomeMy WebLinkAbout08 106 Accessibility Loan Community Improvement Plan . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NO. 2008 - 106 BEING A BY-LAW TO ADOPT A COMMUNITY IMPROVEMENT PLAN FOR ACCESSIBILITY LOAN COMMUNITY IMPROVEMENT PROJECT AREA WHEREAS subsection 28 (4) of the Planning Act, R.S.O. 1990, c. P.13 authorizes the Council of a local municipality to adopt a community improvement plan for a community improvement project area; AND WHEREAS By-law No. 2008-090 was passed June 4, 2008, the Council of The Corporation of The Municipality of Kincardine designated the Municipality of Kincardine as a Community Improvement Project Area; AND WHEREAS a Community Improvement Plan attached hereto as Schedule "A" has been prepared for that Community Improvement Project Area; AND WHEREAS the said Community Improvement Plan conforms to the Official Plan of the Municipality of Kincardine; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Accessibility Loan Community Improvement Plan, attached hereto as Schedule "A" and forming part of this By-law, is hereby adopted for the Accessibility Loan Community Improvement Project Area described in By-law No. 2008-090. 2. That the Municipal Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the said Community Improvement Plan. 3. That this by-law shall come into force and take effect on the day of the final passing thereof, subject to the approval of the Minister of Municipal Affairs and Housing. 4. That this by-law may be cited as the "Accessibility Loan Community Improvement Plan By-law". READ a FIRST and SEC. ND TIME this 18th day of June, 2008. , 8~~ i'~'-~r R21;~r:'NALLY PASSED this 18'~~O:;~: a or Clerk ~ Municipality of Kincardine Accessibility Loan Program Application Spring 2008 This is Schedule "...i.- " to By-Law No.~&~ passed the ~ day of ' 200~ '- (\ '{. \,-,,, i::k '" - (In ~~'\CL~1;~.;,.-'-1a.>4:....- Clerk ,~ ~ Municipality of Kincardine Accessibility Loan Program Application Page 2 of 13 A.I Background The Municipality of Kincardine Accessibility Advisory Committee is proud to invite the businesses of the Municipality to partake in the Accessibility Loan Program. The Municipality of Kincardine is committed to the elimination of barriers for people with disabilities. Everyone should be able to experience a barrier-free environment. The Municipality's dedication to this goal is demonstrated through the Municipal Accessibility Plan and the existing Accessibility Advisory Committee. The objective ofthe Accessibility Loan Program is to raise awareness of existing barriers and how they may be eliminated through local initiatives. The Accessibility Loan Program provides monies to local business property owners who wish to modifY their facilities in order to remove barriers for individuals with disabilities. Purpose The Program is a pro-active approach to facilitate businesses within the Municipality to improve accessibility in accordance with the Ontarians Disabilities Act, 2001. S.O. 2001, c. 32. The intent is to remove barriers in order to achieve accessibility for individuals with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises. The goal is to encourage businesses within our Municipality to implement accessibility standards that remove barriers related to the full range of disabilities thereby benefiting both the business owner with an increased customer base, as well as improving private individuals' quality oflife within our community. This not only pertains to people with permanent disabilities who are our residents but also to people with health issues who must deal with mobility issues during an illness. A.2 Criteria for Loans Facility does not currently meet Facility Accessibility Design Standards (FADS) requirements The property owner must be the applicant, the loan will be paid to them, and they are responsible for repayment Eligibility: No outstanding taxes/debt with the Municipality Premises must be within the Municipality Commercial or Industrial zoned properties Applicant must not start improvement project prior to the application being approved by the Municipality and written notice of approval provided to applicant Business must have been established for a minimum of 5 years Project must be completed within 8 months of approval of the project by the Municipality All original invoices must be submitted to the Municipality of Kincardine to confirm amount spent (will be returned) The property owner will enter into an agreement with the Municipality and this will be registered on title Loans may be repaid in full at any time during repayment period with no penalty Applicants should refer to the F ADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 3 of 13 A successful applicant/owner will be required to sign all necessary loan agreements and security documentation No loan funds will be advanced until all work is completed to the satisfaction of the Municipality and all loan security has been registered Cost of registration of certificate of lien and discharge of lien will be incorporated into amount of loan Annual repayment amount will be calculated based on the amount of the loan divided by the number of years of repayment Annual repayment amount will be added to the Municipal property tax bill Repayment shall commence on tax bill following issuance of the loan Any change in ownership of the property within the loan period will require full repayment of all outstanding balances Current certificate of insurance plus replacement certificates for each renewal period will be required Inspections will be carried out by Municipality of Kincardine as required Repayable loan amount - minimum $1,000 to maximum $30,000 No interest on the loan, unless in default Any default on repayment will result in the full current outstanding balance of the loan becoming due and interest shall commence at the current penalty rate imposed on taxes by the Municipality and will continue until such time as the loan is repaid Payment terms - minimum I year to maximum 5 years Not eligible for the program- Designated Heritage Features, any government owned building. Implementation Businesses must consider the FADS when considering implementing change to structures or services and comply with the Ontario Building Code. A3 Accessibility Improvements Eligible for Funding - including but not limited to: Parking spaces and/or sidewalks Entrances and exits (including handrails, ramps) Shelves, racks and displays Floors and aisles Stairs (interior or exterior) Carts and baskets Public washrooms Visually impaired Communication barriers Automatic door openers Signage as set out in FADS A.4 Items NOT eligible for funding Landscaping Roof repairs and/or replacement Replacement of windows New Buildings or additions (some components may be eligible ie automatic door opener) Large Print Menus Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 4 of 13 8.1 Application PROPERTY OWNER'S INFORMATION Name: Mailing Address: Phone: Email: Property description: Property Roll # Encumbrances on the Property: Fax: BUSINESS INFORMATION Owner's Name: Mailing Address: Name of Business : Phone: Email: Fax: Date business was established: month year Estimated quantity of customers per month: Description of Project: Describe which barriers to accessibility will be removed: Amount ofloan requested: Total Cost of Project: Length oftime required for the project: Expected date of completion: Number of years for repayment chosen: D 1 YR D 2YRS D 3 YRS D 4 YRS D 5 YRS Applicants should refer to the F ADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 5 of 13 G. Business Owner Agreement - (if Business Owner is different than Property Owner) ~ ,~ Name of Property Owner (please print) Address reviewed and discussed this proposal with Business Owner (please print) regarding aforementioned property on Date !, , of the business Name of Business Owner (please print) Name of Business (please print) have no objections to this project. Signature: Property Owner Property Owner Date: Signature: Business Owner Business Owner Date: H. Property Owner Agreement !/We, the property owner (s) understand and agree to all the terms and conditions of the Municipality of Kincardine Accessibility Loan Program and the repayment plan as set out in this application. Property Owner(s) Name: (Please Print) Property Owner(s) Signature: Witness: Date: Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 6 of 13 Terms and Conditions Repayment of Loan The amount of the loan will be amortized over a I to 5 year period, applicant has option of repayment term. The sum ofIoan will be repaid in equal annual instalments. The annual repayment instalment will be placed on the municipal tax levy bill. The annual amount will be split evenly among the instalments due in any given year. The loan may be paid off before maturity date by paying in full the current amount of the loan outstanding. Interest There shall be no interest charged on the loan unless in default of repayment schedule. If in default of repayment schedule, the full outstanding balance becomes due and payable and interest shall be charged on that amount at the current penalty rate imposed on taxes by the Municipality and will continue until such time as the loan and interest is paid in full. Registration of Lien Pursuant to provisions of Section 28 ofthe Planning Act, a lien will be registered against the lands. When the loan is repaid in full, a discharge certificate will be registered on title. The property owner is responsible for all costs of registration of documents and this amount will be incorporated into the amount of the loan. Guarantees Corporate loans (lands are owned by a corporation) must be personally guaranteed by the principle shareholders of the corporation. The Municipality reserves the right to have further guarantees on a loan. Title To The Property The applicants must be the lawful owner/s of the property. There cannot be any limitations or restrictions on the title to the property except building by-laws, zoning regulations and registered restrictions. Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 7 of 13 Insurance The owner must insure and keep insured all buildings on the said lands against loss or damage by fire and other perils usually covered in fire insurance policies and against any perils the Municipality requests. The policy must be in form satisfactory to the Municipality and include extended perils coverage. Any outstanding loan must be paid, from insurance proceeds, to the Municipality in the event the building is damaged or destroyed. The owner must provide proof of Property All Risk coverage, in an amount of at least the amount of the loan plus any other encumbrances against the property, with The Corporation ofthe Municipality of Kincardine as an additional insured and a Loss Payee to the policy. The insurance shall be evidenced by the provision of a current valid Certificate ofInsurance on signing of the agreement together with replacement certificates for each renewal period until such time as the loan is paid in full. The Certificate should reflect if other encumbrances already have Payee status. Default If the owner defaults in repayment, the current outstanding balance of the loan, together with any interest, becomes due. Notice Any notice from the Municipality shall be given by personal prepaid mail to the applicant at the address on the last assessment roll. Change in Ownership of Lands The loan shall be repaid in full before ownership of the property may be transferred to any party. Documentation Any information, records or accounts required in connection with the application will be will provided to the Municipality of Kincardine. Inspection/Entrv on Lands The Municipality of Kincardine is authorized to complete any inspection required in connection with the application. Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 8 of 13 FOR MUNICIPAL USE ONL Y Date Application Received: Received by: Taxes/Accounts Payable Current: Approval Date: Approved by: Start Date: Completion Date: Inspection Date: Date Loan Issued: Applicants should refer to the F ADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 9 of 13 C.I Accessibility Loan Overview In 2-3 sentences indicate: the type of accessibility improvement work applied for how your project will improve accessibility Applicants should refer to the F ADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 10 of 13 D Detailed Description of Project Please include current photograph of area/s to be improved. Place photograph(s) of building here Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. E and F Municipality of Kincardine Accessibility Loan Program Application Page 11 of 13 Documentation of Anticipated Costs and Timelines On each quotation ensure that o Contractor name and contact information are clearly visible o Each part of the project and all costs are itemized o Anticipated start and finish dates are included o Preparation work is included (when applicable) Attach copies of all vendor/contractor quotations for work to be done. Contractor Wort, Item Description Total ($) Start Finish (Less GST) Date Date Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 12 of 13 Appendix A QUESTIONS AND ANSWERS Who is eligible to apply? . The program is available for commercial businesses, to the owner of the property, in the Municipality of Kincardine. What is the application deadline? A lication Deadline October 31, 2008 Work Timeline June 30, 2009 How often are applications evaluated and how long does it take for approval? . Applications are evaluated by the Clerk's Department staff. . The application will be reviewed and will either be approved or additional information requested. This process is expected to take about 2-3 weeks. May I apply more than once? . If you have submitted an application and are declined, you may submit again. What if I don't own my building? . Property owners must be the applicant for the loan, and they are required to secure the business owner's agreement for modifications to the business property. What factors are taken into consideration before a loan request will be considered? . Meets eligibility requirements . Detailed breakdown of project is enclosed along with supporting documentation. . Impact of changes for accessibility. How are the loans being awarded to businesses? . The loans will be awarded to property owners up to a maxImum of $30,000 per project. What if I want to do the work myself? . You are certainly welcome to do the work yourself, however, you cannot submit labour costs as part of this project if you choose to do so. Only quotations and substantiated invoices obtained from contractors are eligible for funding of labour costs. When my application is approved, what procedure is followed? . You will be notified that your application has been approved by municipal staff and a certificate of lien will be registered on title. You will be assigned a Municipal contact/liaison, who will provide guidance and support for the duration of your project. . Approval of your application doesn't include any approval for any necessary permits (eg Building, encroachment, etc) that you may need to complete your project. Contact the Municipal Office at (519) 396-3468 for information on by-laws, permits, etc. Applicants should refer to the F ADS included in your application package for clarification and additional information when completing the application. Municipality of Kincardine Accessibility Loan Program Application Page 13 of 13 When will my loan funding be dispersed? · Your approved funding will be dispersed upon completion and final inspection of your project. In order to receive payment, you must submit all original paid invoices and photographs of completed project to the Clerk at the Municipality of Kincardine. Who is responsible for work completed by contractors? . As the applicant, you are responsible for the selection of the contractor. The Municipality of Kincardine will not be a party to any agreement/contract between the applicant and the contractor. I plan to do my work next year. How long will the program be available? . The Accessibility Loan Program has been approved for the year 2008. Continuation of the program into future years is subject to approval by Council. Applicants should refer to the FADS included in your application package for clarification and additional information when completing the application.