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Town of Fort Erie Brownfields
Community Improvement Plan
Town of Fort Erie Brownfields
Community Improvement Plan
July 29, 2008Fort Erie, Ontario
TopicsTopics
The Consulting TeamWhat are Brownfields?The Brownfield Challenge for Municipalities Benefits of Brownfield RedevelopmentTools to Promote Brownfield Redevelopment – Brownfields Legislation– Community Improvement Plans– Marketing of Redevelopment Opportunities
Environmental Site Assessment and RemediationFort Erie Brownfields CIP ProcessQuestions and Answers
The Consulting TeamThe Consulting Team
Bruce Bennett Hatch Ltd.
Environmental Assessment Specialist
Luciano Piccioni RCI Consulting
Project Manager and Brownfields CIP Specialist
Dr. Richard DiFrancesco
Regional Analytics Economic Impact
Specialist
Brian Ball Bluewater
Environmental Inc. Environmental
Remediation Specialist
Funding PartnersFunding Partners
Fort Erie Economic Development and Tourism Corporation
Town of Fort Erie
Federation of Canadian Municipalities
Regional Municipality of Niagara
What are Brownfields?What are Brownfields?
NRTEE defines “brownfields” as abandoned, idled or underutilized industrial or commercial propertieswhere past actions have known or suspected environmental contamination, but where there is an active potential for redevelopment.Estimated 30,000+ brownfield sites in CanadaTypical examples – heavy industrial manufacturing (metals, glass, chemicals), petroleum storage, printers, dry cleaners, landfills, gasoline stations, etc…
What are Brownfields?What are Brownfields?
What are Brownfields?What are Brownfields?
Not all Brownfields are created equal
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10%-20%
60%-80%
10%-20%
The Brownfield Challenge for MunicipalitiesThe Brownfield Challenge for MunicipalitiesHow can brownfield sites negatively impact a community?– Potentially harm the environment and human health– Stigma associated with environmental contamination– Lower property values and property tax revenues;– Can lead to neighbourhood and employment area
deterioration and result in urban blight;– Significant opportunity cost – less than optimal use of
existing infrastructure;– Limit economic growth;– Increases pressure for development of greenfield sites.
The Brownfield Challenge for MunicipalitiesThe Brownfield Challenge for MunicipalitiesWhat are the impediments to brownfield redevelopment?– Lack of funding to conduct upfront environmental
assessment and remediation– Cost of remediation and difficulty obtaining financing – Fear of environmental liability – regulatory (Ministry of
Environment) and civil liability– Complexity and uncertainty of regulatory approvals process
= additional time and expense – Stigma and perception of risk– Lack of awareness and understanding of benefits and
opportunities
Benefits of Brownfield RedevelopmentBenefits of Brownfield Redevelopment
Brownfield Development
Economic Benefits - Jobs - Property taxes - Income taxes - Business opportunities - Cost savings of utilizing existing infrastructure
Environmental Benefits - Mitigation/elimination of health/safety risks - Restoration of environmental quality - Reduced urban sprawl
Social Benefits - Better quality of life - Neighbourhood renewal - More housing choices
Benefits of Brownfield RedevelopmentBenefits of Brownfield Redevelopment
Studies have shown that:– Value of properties within 2.5 km. of a redeveloped
brownfield can increase by an average 10% – Every $1 spent on brownfield development generates $3.80
in total economic output– Every hectare of brownfield redeveloped for residential can
save as much as $66,000 a year in total transportation costs– Every acre of brownfield land redeveloped can save 4.5
acres of greenfield land
Redevelopment of brownfields is the epitome of “Smart Growth”
Tools to Promote Brownfield Redevelopment Tools to Promote Brownfield Redevelopment
Brownfields Legislation Community Improvement PlansMarketing of RedevelopmentOpportunities
Brownfields Legislation Brownfields Legislation
BFSLAA (Bill 56) introduced in May 2001, received Royal Assent in Nov. 2001 Purpose – “encourage revitalization of contaminated land (brownfields) by way of limiting liability and providing financial assistance”Bill 56 amended several Provincial Acts including: – Environmental Protection Act (EPA) – Municipal Act– Municipal Tax Sales Act– Planning Act
1st set of regulations (298/02) passed on Dec.1/02 – Liability Limitation for Certain Actions Taken Under EPA– Municipal Tax Sales Act– Planning Act
2nd set of regulations (153/04) took effect on Oct. 1/04 – Current guidelines became regulations– Liability protection for owners filing Record of Site Condition (RSC)– Environmental Site Registry– Qualified Persons (QP)– Risk Assessment requirements– Financial assistance (education tax freeze/cancellation) - BFTIP
3rd set of regulations passed on October 1/05 – Certain Changes of Property Use require an RSC (Part IV)– Certificates of Property Use (Part X)
Brownfields Legislation
Budget Measures Act (No. 2) - Dec/05– Streamlines and improves BFTIP
Planning and Conservation Land Statute Amendment Act - Jan/07– Expanded definition of eligible costs for grants and loans
Municipal Statute Law Amendment Act – Jan/07– Allows for removal of provincial Crown liens– Municipalities now have 2 years to vest a property after failed tax sale– Revenue sharing arrangement between municipalities and the
provinceBudget Measures and Interim Appropriation Act – May/07– Clarification of liability for off-site migration*– New process for filing RSC* – Municipalities now protected from inaccuracies in the RSC* Awaiting regulations
Amendment to O. Reg 153/04 – April 1/08 – New more stringent requirements for QPs (to take effect on Oct.1/09)
Brownfields Legislation
What is a CIP?What is a CIP?
S. 106 of Municipal Act prohibits bonusing S. 28 of Planning Act - exception for CIP’sMunicipality may designate a community improvement project areaOnce a CIP is approved, a municipality may:– acquire, lease, sell, hold, clear, or otherwise prepare land for
community improvement– construct, repair, rehabilitate or improve buildings on municipal land– make grants/loans to owners, tenants and their assignees to pay
for eligible costs as specified in the CIP
OP must have appropriate policies that enable preparation of CIP and municipal use of financial incentive tools.
Goals of a Brownfields CIPGoals of a Brownfields CIP
Improve environmental health and public safetyImprove the physical and visual quality of brownfield sitesRetain and increase employment opportunitiesIncrease assessment values and property tax revenuesStimulate private sector investment in brownfield remediation, rehabilitation, adaptive reuse and redevelopmentMake more efficient use of existing infrastructure and servicesReduce urban sprawl and its related costsImprove energy efficiency of new and existing buildingsProvide opportunities for affordable housing and mixed uses/ live-work opportunities
Financial Incentives Financial Incentives
Potential Types of Financial Incentives– Environmental Study Grants– Tax Assistance (BFSLAA)– Up-front Clean-up Grants/Loans– Tax Increment Financing Based Grants– Development Charge Exemption/Waiver– Development and Building Fee Rebates
Proactive Municipal Leadership Program– RFP’s on failed tax sale properties– Active financial participation in public-private partnerships and
pilot projects
Financial IncentivesFinancial Incentives
Best Practices Review – comparison of 11Ontario municipalities, including Niagara Falls and Welland– Types of Incentive Programs Offered– Municipal Leadership Programs– Geographic Approach to Brownfield Redevelopment– Planning Policies– Data Bases and Inventories– Marketing and Education Programs– Monitoring Programs– Implementation Experience and Results
Financial IncentivesFinancial Incentives
Implications for Fort Erie Implications for Fort Erie
BFSLAA presents both opportunities and risks – key to maximize opportunities while minimizing risk Town must prepare and adopt a CIP in order to provide financial assistance to brownfields Once CIP approved, financial incentive programs should be implemented using comprehensive and well developed implementation plan:– Program Guides– Application Forms– Legal Agreements– Administrative Procedures– Marketing of Incentive Programs and
Redevelopment Opportunities
Marketing Marketing
Tools Used in Fort Erie Tools Used in Fort Erie
Fort Erie Review of Immediate Land Development Opportunities (2003)Revision to Official Plan policies on Community Improvement and Potentially Contaminated Properties (2006)Grant funding received from FCM to prepare CIP Participation in NEDC Redevelopment Opportunities Project (2007-2008)NEW - Brownfields CIP (2008)
Assessment and Remediation Approaches/ TechnologiesAssessment and Remediation Approaches/ Technologies
Site Assessment is always the first step A quality site assessment is key to accurately estimating remediation costs and avoiding “surprises”– Phase I ESA– Phase II ESA– Remedial Action Plan
Assessment and Remediation Approaches/ TechnologiesAssessment and Remediation Approaches/ Technologies
Restoration Approaches– Background Approach– Generic Approach
Full Depth RestorationStratified Restoration RSC submitted to MOE
– Risk Assessment (RA) Approach Permits exceedance of MOE standardsEngineering/Land Use Controls Certificate of Property UseStill requires RSC
Risk Assessment (RA) ApproachRisk Assessment (RA) Approach
Risk Assessment (RA) ApproachRisk Assessment (RA) Approach
Assessment and Remediation Approaches/ TechnologiesAssessment and Remediation Approaches/ TechnologiesEx-situ Technologies
– Excavation and disposal at approved landfill facility
– Bioremediation– Thermal desorption– Soil washing– Solvent extraction
In-situ Technologies– Bioremediation– Chemical oxidation– Phytoremediation – Soil vapour extraction/air sparging– Multi-phase extraction– Funnel and gate
Fort Erie Brownfields CIP ProcessFort Erie Brownfields CIP Process Public Meeting #1 Public Meeting #2 Public Meeting #3
A Introduction of the Brownfields CIP and Background Review
B Planning and Environmental Due Diligence Policies and Procedures
C Brownfield Strategy and Community Improvement Plan
Deliverables Brownfields Legislation Review Brownfields Information Package Brownfields Orientation Presentation
Deliverables Revised Official Plan Policies Environmental Due Diligence Procedure Guideline for Utilization of In-Situ Remediation
Deliverables Brownfield Strategy (Interim Report), including: i) Best Municipal Practices; ii) Critical Needs Analysis iii) Financial Incentive Programs iv) Municipal Leadership Strategy v) Economic Impact Analysis Brownfield CIP, including: i) Detailed Financial Incentive Programs ii) Administrative Procedures iii) Program Guides, Application Forms, Legal Agreements
Fort Erie Brownfields CIP Process Fort Erie Brownfields CIP Process
Comprehensive, integrated and multi-disciplinary approachPartnership approach with the Town and stakeholders to understand their needs and goalsConsultation with key stakeholders and the public will inform processFocus is on generating a realistic results-oriented CIP and all implementation materials
Questions and AnswersQuestions and Answers