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Designation FAQ
- What is heritage designation?
- How do I get my property designated?
- What does heritage designation actually mean?
- What is a heritage conservation easement?
- Why is there a requirement for an easement or maintenance agreement? Isn’t heritage designation sufficient?
- If I enter into this program will I be able to "modernize" my property?
- What are my obligations as a property owner if I enter into the program?
- How is the program 'monitored' or 'enforced'?
- What happens if I do not fulfill my obligations under the program?
What is heritage designation?
Heritage designation is a planning tool used to identify and protect properties that possess "cultural heritage value or interest". It encourages preservation and helps manage changes to the buildings.
Houses, factories, barns, stables, churches, schools and other types of 'real property' along with cemeteries, bridges, public art, street furniture, cultural landscapes and archaeological sites can be designated under the Heritage Act.
Currently, there are about 70 designated properties in Peterborough but many others are suitable for designation.
How do I get my property designated?
City Council must pass a municipal bylaw designating the property as ‘historic’.
Requests for heritage designation are reviewed by the Peterborough Architectural Conservation Advisory Committee (PACAC); the City’s heritage committee mandated by the Province to advise City Council on heritage matters.
PACAC evaluates each property looking at things like architectural style, construction, its place in the streetscape, how well preserved it is and its historical associations. If the property meets the criteria, a ‘designation brief’ is written for Council’s review. The brief outlines the reasons for designation, and with Council’s approval, a by-law designating the building is passed based on the designation brief’s research.
Properties being considered for heritage designation should retain as many original or early architectural elements as possible and/or have strong historic associations.
What does heritage designation actually mean?
Heritage designation serves as public recognition of a property’s historical value to the City. Designated properties receive a bronze plaque marking it as a heritage property.
Designation provides for a review and approval process for any proposed changes (beyond basic maintenance) that would impact on the 'heritage attributes' that make the property significant.
Designation prohibits demolition of the building unless Council consents to it. The law provides for penalties if a designated building is altered or demolished without approval but the City is committed to working with owners of historic buildings to protect our heritage while managing change.
Designated property owners also become eligible for grants, tax rebates and other financial incentives that become available from time to time.
For information on heritage designation contact the Heritage Preservation Office (HPO) at 742-7777 ext. 1489. The HPO can provide you with a copy of “A Property Owner’s Guide To Heritage Designation” (2003). The illustrated 72-page guide provides an in-depth explanation of the process, benefits and obligations of designating an historic property.
What is a heritage conservation easement?
A heritage conservation easement is an agreement between the City and a property owner that is registered on the title of the property. It says that in exchange for the tax rebate offered under this program, a property owner will agree to maintain the property to recognized preservation standards for historic buildings.
Sometimes, if the building is of provincial or national significance, the Ontario Heritage Trust will hold the easement instead of the City.
Why is there a requirement for an easement.....?
Designation under the Ontario Heritage Act does not currently require an owner to do basic maintenance. The City cannot responsibly provide financial incentives without the commitment from a property owner to care for the property.
If I enter into this program will I be able to "modernize"...?
If by “modernize” you mean new vinyl windows in place of original wood ones or aluminum siding over wood clapboards. The answer is no. But the reason for the tax incentive program is to recognize that heritage properties need special maintenance and to make sure that owners have the money to do the work.
At the same time, the City knows people don’t want to live in museums and PACAC is eager to work with owners to help make heritage properties efficient structures for the 21st century. In addition, designation doesn’t usually extend to the interior of a building (unless there are very special features worth protecting).
It should be stressed that heritage designation is a planning tool to help manage change - not prevent it.
What are my obligations as a property owner?
You are expected to maintain the heritage attributes of your property as identified in the heritage designation bylaw and guided through the easement or maintenance agreement which you sign when you opt into the program.
You are also required to observe the requirements of heritage designation (e.g. submitting proposals to PACAC for any alterations that may affect the heritage attributes of the property).
How is the program 'monitored' or 'enforced'?
When you opt into the program an initial report will be prepared. A city staff person will inspect the property and photo-document all heritage attributes. This report will serve as the benchmark for comparison when follow-up inspections are conducted in future years.
Every five years there will be a compliance inspection to make sure that the heritage elements of the property are being maintained.
What happens if I do not fulfill my obligations under the program?
If a participating owner fails to maintain and or improve the built heritage property in accordance with the terms, conditions and intent of the Heritage Property Tax Relief program and resulting easement agreement, the property owner may be required to refund the City for the full amount of the rebates, plus interest, dating back to the date of the last inspection/approval.
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