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Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
THE CITY OF TRAIL
BYLAW NO. 2935
A BYLAW TO ESTABLISH A REVITALIZATION TAX EXEMPTION PROGRAM
IN THE CITY OF TRAIL
_____________________________________________________________________________________
1.0
CITATION
This Bylaw may be cited as the City of Trail "Revitalization Tax Exemption Bylaw No.
2935, 2024".
2.0
ADMINISTRATION
The Corporate Administrator and Chief Administrative Officer are authorized to administer
this Bylaw.
3.0
APPLICATION
This Bylaw shall apply only to eligible privately-owned class 6 properties used for
commercial purposes, as determined by the City, within the boundary of the City of Trail.
Lands owned by the City of Trail, Regional District of Kootenay Boundary, Province of
British Columbia or Government of Canada shall not be eligible for incentives under this
Bylaw.
4.0
DEFINITIONS
"Building Bylaw" means the City of Trail Building Bylaw No. 2548, 2003, as amended or
superseded from time to time, that is applied to building construction within the City of
Trail;
"Building Official" includes Building Inspectors, Plan Checkers and Plumbing Inspectors
designated by the City or the Regional District of Kootenay Boundary;
"Building Permit" means permission or authorization in writing from the Building Official
to perform building work regulated by the Building Bylaw;
"Building Permit Value" means the Construction Value as stated on a printed building
permit;
"City" means the Corporation of the City of Trail;
"Commercial" means a land use that includes retail sales, or wholesale, or small-scale
manufacture or assembly, or service industry, or office. Examples range in size from small
storefronts to shopping centres, hotels, and office buildings;
"Council" means the Council of the City;
"Corporate Administrator" includes the person appointed to that position, and that
person's Deputy, and a person authorized by the Chief Administrator Officer to perform
duties under this Bylaw;
"Eligible Property" means a class 6 parcel as prescribed by the BC Assessment Authority
that is used for commercial purposes, as determined by the City;
"Eligible Tax Exemption" means, for each of the years for the term of the exemption as
provided in the Tax Exemption Certificate, the assessed value attributable to the
eligible/qualifying project;
"Façade Improvement" means physical improvements or renovations of existing
buildings, when a combination of two or more of the following are included: structural
façade improvements, paint, awnings, signs, addition of architectural detail to façade, façade
tile or stone accents, decorative entry walkway area, outside dining with decorative fencing,
irrigated landscape/flower planters or pots, outside decorative lighting and new windows;
"Municipal Property Taxes" means the property taxes Council has imposed pursuant to s.
197(1)(a) of the Community Charter;
Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
"Owner" means owner of real property as defined in the Community Charter;
"Parcel" means parcel as defined in the Community Charter situate in the Tax Exemption
Area and on which either new construction of new improvements is undertaken or
renovation of existing improvements is undertaken;
"Program" means the program established by the Revitalization Tax Exemption Bylaw No.
2935, 2024;
"Project" means a project consistent with Part 6.0 and 7.0 of this Bylaw;
"Renovation" means the interior or exterior renewal, upgrading, restoration, repair and
refurbishment of a building or a portion of a building, and "eligible improvements" in
relation to "renovation" means only those alterations, renewals, restoration and changes
forming part of the renovation of the existing improvement;
"Tax Exemption Agreement" means a Revitalization Tax Exemption Agreement,
provided for in s. 226(7) of the Community Charter;
"Tax Exemption" means a revitalization tax exemption pursuant to this Bylaw;
"Tax Exemption Area" means the City of Trail;
"Tax Exemption Certificate" means a revitalization tax exemption certificate issued by the
City under this Bylaw in respect of an eligible property;
"Zoning Bylaw" means the Zoning Bylaw No. 2503, 2002, as amended or superseded from
time to time.
5.0
ESTABLISHMENT OF REVITALIZATION TAX EXEMPTION PROGRAM
5.1 Pursuant to the Community Charter, this Bylaw establishes a Revitalization Tax
Exemption Program (the "Program") for the Tax Exemption Area, providing
exemption from Municipal Property Taxes as outlined in Part 9 of this Bylaw for land
and improvements meeting Program requirements.
6.0
PROGRAM REASONS AND OBJECTIVES
6.1 The City of Trail wishes to create an economic stimulus that will encourage private
sector capital investment in commercial building projects.
6.2 The Revitalization Tax Exemption Program is established under this Bylaw to:
a) Stimulate and encourage the construction of new buildings and major renovations
or improvements of existing buildings;
b) Promote and encourage the expansion of the commercial property tax base;
c) Promote and encourage the enhancement of the visual appeal of commercial
properties within the City of Trail;
d) Promote and encourage private commercial investment to further strengthen the
economy;
e) Promote and encourage commercial building expansion to create employment
opportunities for residents.
7.0
ELIGIBLE / QUALIFYING PROJECTS
7.1
The Project must be situated on a parcel located within the Tax Exemption Area.
7.2
The Project must meet all Program criteria and comply with all applicable land use
and other City of Trail regulations.
Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
7.3
The Project must be one or a mix of the following types:
a) new commercial construction with a building permit value greater than or equal
to $50,000;
b) commercial renovation with a building permit value greater than or equal to
$50,000;
c) façade improvement with a building permit value greater than or equal to
$50,000;
i.
The Corporate Administrator will determine eligibility for those
Commercial Façade Improvements where a building permit is not
required.
8.0
TAX EXEMPTION
8.1
The terms and conditions upon which a Tax Exemption Certificate may be issued are
set out in Part 10.0 of this Bylaw, in the Tax Exemption Agreement and in the Tax
Exemption Certificate.
8.2
Where a Project is eligible for a Tax Exemption under this Bylaw:
a) New commercial building construction shall be eligible for a property tax
exemption on land and improvements, for a maximum term of 5 years as
follows:
Year 1 - 3 100% of the Eligible Tax Exemption
Year 4
60% of the Eligible Tax Exemption
Year 5
40% of the Eligible Tax Exemption
b) Commercial renovation shall be eligible for a property tax exemption on the
value of eligible improvements only, for a maximum term of 5 years as follows:
Year 1 - 3 100% of the Eligible Tax Exemption
Year 4
60% of the Eligible Tax Exemption
Year 5
40% of the Eligible Tax Exemption
c) Façade improvements shall be eligible for a property tax exemption on the value
of eligible improvements only, for a maximum term of 5 years as follows:
Year 1 - 3 100% of the Eligible Tax Exemption
Year 4
60% of the Eligible Tax Exemption
Year 5
40% of the Eligible Tax Exemption
9.0
APPLICATION PROCESS
9.1
If an Owner wishes to qualify for Tax Exemption under this Bylaw, the Owner must
complete the application process to the satisfaction of the Corporate Administrator,
who is authorized to execute the documentation necessary to give effect to the
provision of the Bylaw. The application process requires submission of the
following:
a) a complete written Tax Exemption Application, as per Appendix "A" attached
hereto and forming part of this Bylaw, made at the time of issuance of a building
permit referred to in Part 7;
b) proof that all current taxes have been paid and where taxes, rates, or assessments
are payable by installments, proof that all installments owing at the date of the
Application have been paid;
c) description of new improvements or the renovation of the existing
improvements that would be eligible under the Bylaw for a Tax Exemption;
d) an application fee in the amount of $50.00; and
e) An originally signed copy of the Tax Exemption Agreement duly executed by
the Owner.
9.2
A copy of the Occupancy Permit issued upon completion of the construction of a
new improvement or renovation of an existing improvement shall be submitted by
the Owner to the Corporate Administrator before a Tax Exemption Certificate may
be issued.
Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
10.0 TAX EXEMPTION CERTIFICATE
10.1 Once the terms and conditions of this Bylaw and Tax Exemption Agreement have
been wholly satisfied, a Tax Exemption Certificate must be issued for the Parcel in
accordance with the Tax Exemption Agreement.
10.2 For a Tax Exemption to commence in a given year, an Owner must have fully
complied with Part 10 of this Bylaw on or before October 1 of the preceding year.
10.3 A Tax Exemption Certificate may be cancelled by Council if the Owner breaches
any covenant, condition or obligation as set out in the Tax Exemption Certificate or
the Tax Exemption Agreement.
10.4 For a Tax Exemption Certificate that is cancelled, the City of Trail may recapture
the value of the tax exemption provided on the Parcel, for the current taxation year
to which the Tax Exemption Certificate applies. Failure on the part of the Owner to
remit the recapture amount within thirty (30) days will result in the amount being
placed on the general property tax account for the Parcel and such taxes may be
recovered by any means pursuant to Part 7 of the Community Charter and without
limitation also, pursuant to the Tax Exemption Agreement.
11.0 DELEGATION
Pursuant to s. 226(7) and s. 154 of the Community Charter, the Corporate Administrator
may on behalf of the City exercise the Council's power to enter into any agreement,
including the Tax Exemption Agreement, with the Owner of the Parcel in respect of a
revitalization tax exemption, provided that the terms of such agreement are not inconsistent
with any condition or requirement of this Bylaw.
READ the FIRST, SECOND and THIRD time the 22nd day of January , 2024.
ADOPTED the 12th day of February , 2024.
_________________________________
_________________________________
MAYOR
CORPORATE ADMINISTRATOR
Certified a true copy of
Bylaw No. 2935, 2024.
_________________________________
CORPORATE ADMINISTRATOR
Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
APPENDIX "A"
CI TY O F TR AI L
APPLICATION FOR REVITALIZATION TAX EXEMPTION
(CLASS 6 PROPERTIES)
Date of Application:
Applicant's Name: _______________________________________________________________________
Property Civic Address: __________________________________________________________________
Legal Description of Property:
Lot ___________ Block ___________ DL ___________ Plan ______________ Roll No.: _____________
Mailing Address (if different from Property Address): ____________________________________________
Postal Code: _____________________________________
Phone Number: ____________________________________
E-mail: _____________________________
Construction Value: _________________________________
Current Assessed Value: Land _______________________ Buildings ______________________________
Description of Proposed Revitalization: _______________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
I hereby certify:
a) I am the owner of the property identified in this application;
b) I intend to develop, construct, alter or renovate the property as described above, and have
received all necessary authorizations for construction;
c) I acknowledge that the granting of a Revitalization Tax Exemption Certificate is subject to all
conditions and requirements of the Revitalization Tax Exemption Bylaw No. 2935, including but
not limited to execution of a Revitalization Tax Exemption Agreement.
________________________
Signature of Applicant
Please submit application with applicable fee of $50 to the City of Trail, 1394 Pine Avenue, Trail, BC
Bylaw No. 2935, 2024: Revitalization Tax Exemption Bylaw
To establish a revitalization incentive program
APPENDIX "B"
CI TY O F TR AI L
TAX EXEMPTION CERTIFICATE
[Pursuant to City of Trail Revitalization
Tax Exemption Bylaw No. 2935, 2024]
This tax exemption certificate is issued to [INSERT OWNER NAME] (the "Owner"), for property
located at [INSERT CIVIC PROPERTY ADDRESS] , legally described as [INSERT LEGAL
ADDRESS], and having the following corresponding parcel identifier number and Building Permit
number in accordance with the City of Trail Revitalization Tax Exemption Bylaw No. 2935, 2024 and
in accordance with a Revitalization Tax Exemption Agreement dated [INSERT DATE], (the
"Agreement") entered into between the Owner of the property described above (the "Property") and
the City of Trail:
Parcel Identifier (PID) No.:
[INSERT PID]
Building Permit No.:
[INSERT BP NUMBER]
Pursuant to S. 226(9) of the Community Charter, the following information is specified in respect to
the tax exemption for the Property:
1.
this tax exemption is [for land and improvements OR for improvements only] to the
extent provided for in Section 9.2 [(a), (b) OR, (c)] of the City of Trail Revitalization Tax
Exemption Bylaw No. 2935, 2024;
2.
the formula for determining the tax exemption is that set out in Section 9.2 [(a), (b) OR
(c)] of the City of Trail Revitalization Tax Exemption Bylaw No. 2935, 2024;
3.
the term of the tax exemption is 5 years commencing ____________;
4.
the conditions on which this tax exemption is provided are those set out in either or both
of the City of Trail Revitalization Tax Exemption Bylaw No. 2935, 2024 and the
Revitalization Tax Exemption Agreement dated ___ day of __________, a copy of
which is annexed to this Certificate;
5.
if this Tax Certificate is cancelled pursuant to Part 11 of the City of Trail Revitalization
Tax Exemption Bylaw No. 2935, 2024 at any time during the term of this Certificate, the
Council shall be entitled to recapture an amount of the tax already exempted during the
term of this Certificate. The amount of recapture shall be determined pursuant to Part
11 of the City of Trail Revitalization Tax Exemption Bylaw No. 2935, 2024.
Corporate Officer
City of Trail
Date