Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 8, 2026
CASE NO.: OLT-24-001181
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Niagara Home Builders’ Association
Description: Appeal of passed Development Charge By-laws No. 2024-053, 2024-054, and 2024-055
Reference Number: By-law Nos. 2024-053, 2024-054, and 2024-055
Property Address: City-wide
Municipality/UT: Niagara Falls/Niagara
OLT Case No.: OLT-24-001181
OLT Lead Case No.: OLT-24-001181
OLT Case Name: Niagara Home Builders’ Association v. Toronto (Municpality)
BEFORE:
G.A. CROSER MEMBER Thursday, the 8^th^ day of January, 2026
THESE MATTERS HAVING COME BEFORE THE TRIBUNAL, as a written settlement hearing (“Settlement”) with the consent of the City of Niagara Falls (“City”) and the Niagara Home Builders’ Association (“Appellant”); consist of appeals pursuant to section 14 of the Development Charges Act (“Act”). The development charge by-laws that are the subject of this appeal were adopted by the City on May 28, 2024 and can be summarized as follows: By-law 2024-053, a development charge for general services, By-law 2024-054, for services related to highway roads, and By-law 2024-055 establishing development charges for water, sanitary sewer and storm water management.
THE TRIBUNAL WAS PROVIDED with a written Affidavit from Jaclyn Hall (“Hall Affidavit”), a registered professional planner, who was the Lead Consultant on the City’s Development Charges Background Study (“DC Study”) and associated development charges by-laws, as an expert qualified as a land economist with a specialty in development charges and land use planning, submitted on the consent of all Parties is marked as Exhibit 1. The Tribunal was also presented with the Minutes of Settlement (“MOS”) entered into by the City and the Appellant, collectively these documents represent the basis for the Settlement and the Parties request for an Order approving the terms of the Settlement.
THE TRIBUNAL accepts the testimony of Hall, that the shift of project costs being adjusted from an in-period development charge cost to a post-period benefit for six Parks & Recreation projects will service growth occurring beyond the 10-year capital planning horizon of the DC Study. Further, the Tribunal accepts Ms. Hall’s evidence that treating a share of these project cost as a post-period benefit complies with s.5(1)1 and s.5(1)2 of the Act, which requires that an increase in the need for service must be attributable to development within the planning horizon used in the DC Study.
THE TRIBUNAL accepts Hall’s evidence with respect to the removal of the Chippawa Temporary Branch library project as a development charges eligible capital project, leading to the removal of $750,000 in development charges eligible costs from the Library Services rate calculation. The Tribunal accepts that the Parks & Recreation and Library Services development charges eligible costs are solely located to residential development, and as such, the changes to these services proposed in the Parties settlement only affects residential development charges. The aforementioned changes result in a reduction of the residential development charges rate of seven percent. There are no changes proposed to the non-residential development charges rates.
THE TRIBUNAL accepts Hall’s opinion that the proposed amendments to the deferred payment of residential development charges from the building permit stage to the date of occupancy permit complies with s.5(1)9 of the Act which allows for rules to be established in a development charges by-law.
THE TRIBUNAL FINDS THAT having considered the MOS and the uncontroverted Hall Affidavit, and having accepted those opinions contained therein, is satisfied that the proposed amended development charges by-laws each comply with the requirements of the Development Charges Act.
THE TRIBUNAL ORDERS that the following City of Niagara Falls Modified Development charges by-laws are approved in accordance with the following attachments:
City of Niagara Falls Development Charges Modified By-law, 2024-053, attached herein as Schedule “A”.
City of Niagara Falls Development Charges Modified By-law, 2024-054, attached herein as Schedule “B”.
City of Niagara Falls Development Charges Modified By-law, 2024-055, attached herein as Schedule “C”.
The Tribunal may be spoken to should any matters arise with respect to the implementation of this Order.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Attachment 1
Written Settlement Attendance List
Party Name
Counsel/Representative*
Niagara Home Builders’ Association
Jennifer Meader
City of Niagara Falls
Paul DeMelo
Schedule “A”
Development Charge Rates Imposed by By-law 2024-053 General Services Residential Development Charges
$/unit
CITY OF NIAGARA FALLS
By-law 2024 - 053
A by-law to establish Development Charges for General Services for the City of Niagara Falls
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, (hereinafter called the “Act”) provides that the Council of a municipality may, by by-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; and
AND WHEREAS Council has before it a Report entitled “Development Charges Background Study”, the City of Niagara Falls, dated March 28, 2024, as amended, by Hemson Consulting (the “Study”); and
AND WHEREAS the Council of the City of Niagara Falls received a report entitled Development Charges Background Study dated March 28, 2024, as amended, prepared by Hemson Consulting, wherein it was indicated that the development of any land within the City of Niagara Falls will increase the need for services as defined herein; and
AND WHEREAS copies of the Study were made available on March 28, 2024 and copies of the proposed Development Charges by-law were made available on April 16, 2024 to the public in accordance with section 12 of the Act; and
AND WHEREAS the Council of the City of Niagara Falls on May 28, 2024 approved the Study, dated March 28, 2024, as amended, in which recommendations were made relating to the establishment of a development charge policy for the City of Niagara Falls pursuant to the Act; and
AND WHEREAS the Council of the City of Niagara Falls heard all persons who applied to be heard no matter whether in objection to, or in support of, the proposed development charges at a Public Meeting held on April 30, 2024; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the increase in the need for services attributable to the anticipated development as contemplated in the Study, including any capital costs, will be met by updating the capital budget and forecast for the City of Niagara Falls, where appropriate; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 approved the Study and determined that no further public meetings were required under section 12 of the Act; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the future excess capacity identified in the Study, shall be paid for by the development charges contemplated in the said Study, or other similar charges; and
AND WHEREAS the Council of the City of Niagara Falls has given consideration of the use of more than one Development Charge By-law to reflect different needs for services in different areas, also known as “area rating” or “area specific development charges”, and has determined that for the services, and associated infrastructure proposed to be funded by development charges under this by-law, that it is fair and reasonable that the charges be calculated on a municipal-wide and area-specific basis; and
AND WHEREAS the Study dated March 28, 2024, as amended, includes an Asset Management Plan that deals with all assets whose capital costs are intended to be funded under the Development Charge By-law and that such assets are considered to be financially sustainable over their full life-cycle; and
AND WHEREAS the Council of the City of Niagara Falls will give consideration to incorporating the Asset Management Plan outlined in the Study within the City of Niagara Falls ongoing practices and Corporate Asset Management Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS:
- DEFINITIONS
1.1 In this by-law:
“Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
“agricultural use” means use or intended use for bona fide farming purposes, including, but not limited to:
cultivation of crops, whether on open land or in greenhouses, including, but not limited to, fruit, vegetables, herbs, grains, field crops, sod, trees, shrubs, flowers, and ornamental plants;
raising of animals including, but not limited to, cattle, horses, pigs, poultry, livestock, fish; and
agricultural animal husbandry, dairying, equestrian activities, horticulture, fallowing, pasturing, and market gardening;
but excluding:
retail sales activities including, but not limited to, restaurants, banquet facilities, hospitality facilities and gift shops;
services related to grooming, boarding or breeding of household pets; and
a residential or commercial use or a marijuana processing or production facilities.;
“apartment dwelling” means any residential dwelling unit within a building containing four or more dwelling units where the residential units are connected by an interior corridor and including units defined as a stacked townhouse;
“back-to-back townhouse dwelling” means a building containing more than two dwelling units separated vertically by a common wall, including a rear common wall, that do not have rear yards;
“bedroom” means a room which can be used as sleeping quarters but does not include a kitchen, bathroom, living room or dining room, but does include an office, den, study or similar;
“board of education” means a board as defined in the Education Act, R.S.O. 1990, c. E.2, as amended;
“brownfield” means land located within the boundaries of the approved Community Improvement Plan areas, as set out in Schedule “D” to this By-law as may be amended from time to time, or within the boundaries of the urban areas as defined from time to time in the Region’s Policy Plan, upon which there has been previous industrial or commercial development (although such development may have been demolished) and for which a Phase I Environmental Site Assessment and Record of Site Condition have been completed pursuant to the Guideline for Use at Contaminated Sites in Ontario (Ontario Ministry of the Environment)
“building permit” means a permit pursuant to the Building Code Act, 1992, S.O. 1992,
c. 23, as amended;
“building or structure” means a building as defined in the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
“charitable institution” means a charitable, non-profit philanthropic corporation organized for the relief of the poor if the corporation is supported in part by public funds, and which is exempt from taxation as a charitable institution pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“City” means The Corporation of the City of Niagara Falls;
“Council” means the Council of The Corporation of the City of Niagara Falls;
“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, and includes redevelopment. Notwithstanding the foregoing, development does not include temporary structures including, but not limited to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales stands;
“duplex dwelling” means a residential building containing two dwelling units separated by horizontal division, each of which units has a separate entrance to grade;
“dwelling room” means either:
each bedroom used, designed or intended for use by one or more persons living together in a lodging home, or student residence, or
in the case of a special care/special need residence, each individual room or suite of rooms used, designed or intended for use by one or two persons with or without exclusive sanitary and/or culinary facilities;
“dwelling unit” means one or more rooms used, designed, or intended to be used by one or more persons as a residence and which has access to culinary and sanitary facilities. A “dwelling unit” does not include a Park Model Trailer conforming to National Standard of Canada #CAN/CSA - Z241.0-92 or similar standard;
“existing industrial building” has the same meaning as in O.Reg. 82/98, as amended
“gross floor area” means the total floor area, measured between the outside of exterior walls, virtual walls or between the outside of exterior walls or virtual walls and the centre line of party walls dividing the building from another building, of all floors and mezzanines above the average level of finished ground adjoining the building at its exterior walls;
“group home” means a dwelling for the accommodation of three to eight residents, supervised by agency staff and funded wholly or in part by any government or its agency and approved or supervised by the Province of Ontario under any act;
“hotel/motel” means a commercial establishment offering lodging to travelers, and may include other services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit;
“industrial use” means land, buildings or structures used for or in connection with manufacturing by:
manufacturing, producing, processing, storing or distributing something;
research or development in connection with manufacturing, producing or processing something;
retails sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place;
office or administrative purposes, if they are:
(i) carried out with respect to manufacturing, producing, processing, storage or distributing of something; and
(i) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution.
“institutional development” means development of a building or structure intended for institutional development use as defined by O. Reg. 82/98.
“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the City or the Region, but excluding a board of education, a conservation authority, any municipal services corporation that is not deemed to be a local board under O. Reg. 599/06 made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
“local service” means those services, facilities or things which are related to a plan of subdivision, are within the area to which the plan relates, or are installed or paid for by the owner as a condition of approval under section 53 of the Planning Act, R.S.O. 1990,
c. P.13, as amended;
“long term care home” means a home, nursing home or home for the aged where the Ministry of Health and Long Term Care funds the care provided in such home and application for accommodation is made through a Community Care Access Centre.
“mezzanine” means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony;
“marijuana processing or production facilities.” means the cultivation, growth, harvesting, processing, composting, destruction, packaging, storage and distribution of plants or parts of plants of the genus Cannabis (marijuana);
“mixed-use building” means a building or structure used for both residential and non-residential use;
“multiplex dwelling” means a residential building containing three or more dwelling units, each of which unit has a separate entrance to grade;
“municipal housing project facilities” has the same meaning as that specified in the Region’s Municipal Housing Facility By-law No. 34-2004, as may be amended;
"non-residential building" means a building or structure used exclusively for non-residential use;
“non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an institutional use, an industrial use, a hotel/motel use and a commercial use;
“non-profit housing development”, as defined by the Act and any amendments thereof, means the development of a building or structure intended for use as a residential premises and developed by,
(a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing,
(b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or
(c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. 2022, c. 21, Sched. 3, s. 4.
“owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;
“other multiple” means all residential units other than single detached dwelling, semi-detached dwelling and apartments and may include but is not limited to townhouses, street townhouses, rowhouse, back-to-back townhouses, and duplexes; ;
“parking structure” means buildings or structures uses for the parking of motor vehicles;
“places of worship” means any building or part thereof that is owned by a church or religious organization that is exempt from taxation as a place of worship pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“premise” means one or more dwelling units and/or one or more square feet used for non-residential use;
“Region” means The Regional Municipality of Niagara; “Regulation” means O. Reg. 82/98 under the Act, as amended;
”rental housing” means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises as defined by O.Reg. 82/98, as amended;
“residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, stacked townhouse dwelling, back-to-back town house dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room;
“residential use” means use or intended use for human habitation and ancillary purposes, and includes such use related to agricultural use, but does not include a hotel/motel use; for purposes of this definition “ancillary purposes” includes, but is not limited to, vehicle storage and equipment storage;
“row dwelling” means a residential building containing three or more dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“semi-detached dwelling” means a residential building containing two dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“single detached dwelling” means a residential building containing one dwelling unit and not attached to another structure. Where it is attached to another structure by footings or below grade walls only, it shall be considered a single detached dwelling, for the purposes of this by-law;
“special care/special need dwelling unit” means a residence:
containing two or more dwelling rooms, which rooms have common entrance from street level;
where the occupants have the right to use, in common with other occupants, halls, stairs, yards, common room and accessory buildings; and
that is designed to accommodate persons with specific needs including, but not limited to, independent permanent living arrangements; and where support services, such as meal preparation, grocery shopping, laundry, housing, nursing, respite care and attending services are provided at various levels; and includes, but is not limited to, retirement homes or lodges, charitable dwellings, group homes and hospices;
“stacked townhouse” means a building containing two or more dwelling units where each dwelling unit is separated horizontally and/or vertically from another dwelling unit by a common wall or floor and for the purposes of this by-law are defined as “apartment dwelling”;
“urban services” means the municipal services of sidewalks, water, sanitary sewers, and stormwater management; and
“use” means either residential use or non-residential use.
2. RULES
2.1 For the purposes of complying with section 6 of the Act:
(a) the rules for determining if a development charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 3 through 7;
(b) the rules for determining exemptions, relief, credits and adjustments shall be in accordance with sections 8 through 13;
(c) the rules for determining the indexing of development charges shall be in accordance with section 15.
3. LANDS AFFECTED
3.1 This by-law applies to all lands in the geographic area of the City.
4. APPROVALS FOR DEVELOPMENT
4.1 Development charges under this by-law shall be imposed against all development if the development requires:
(a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(b) approval of a minor variance under section 45 of the Planning Act, R.S.O. 1990,
c. P.13, as amended;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(e) a consent under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended; the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended;
(f) the approval of a description under section 9 of the Condominium Act, 1998; or
(g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, in relation to a building or structure.
4.2 Nothing in this by-law prevents Council from requiring, in an agreement under section 51of the Planning Act, R.S.O. 1990, c. P.13, as amended, or as a condition of consent or an agreement respecting same under section 53 of the Planning Act,
R.S.O. 1990, c. P.13, as amended, that the owner, at his or her own expense, install such local services related to or within the area to which a plan of subdivision or consent relates, as Council may require, in accordance with the City’s applicable local service policy in effect at the time.
5. DESIGNATION OF SERVICES
5.1 A development charge shall include:
(a) a charge in respect of Development-Related Studies, Library Services, Fire Protection, Parks and Recreation, and Services Related to a Highway: Public Works and Fleet.
6. AMOUNT OF CHARGE
Residential
For development for residential purposes, development charges shall be imposed on all residential development, including a dwelling unit accessory to a non-residential development and the residential component of a mixed-use building, according to the number and type of dwelling units on the lands as set out in
6.1 according to the number and type of dwelling units on the lands as set out in Schedule “A”.
Non-residential
6.2 For development for non-residential purposes, development charges shall be imposed on all non-residential development and, in the case of a mixed-used building, on the non-residential component of the mixed-use building, according to the type and gross floor area of the non-residential component as set out in Schedule “B”.
7. TIMING AND CALCULATION AND PAYMENT
Residential
7.1 Timing and calculation and payment rules are as follows:
Subject to section 7.1(e), the development charges under this By-law for residential buildings and residential uses in mixed-use buildings shall be:
i. calculated in accordance with section 7.1(d), and where 7.1(d) does not apply, calculated as of the date of the issuance of the first building permit; and
ii. payable, with no accrued interest from the date of issuance of the first building permit, on the earlier of the following events:
iii.
180 days from the date of the issuance of the building permit; or
within 5 business days of a request to release the occupancy permit.
Subject to section 7.1(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and 26.2 of the Act, as amended;
Notwithstanding section 7.1 (a), development charges for rental housing in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i. the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii. the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning
by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this By-law, until such development charge is paid, or where development charges are to be paid by installments, or are deferred such as but not limited to those in accordance with section 7.1 (a) and (c), until such time as the developer has provided written confirmation that it wishes to avail itself of the deferral contemplated in section 7.1(a) or section 7.1(c), as appropriate, and has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
i. With respect to the deferral contemplated in section 7.1(a), any agreement referred to in section 7.1(e) shall include the following terms:
If there is a default of any of the payments listed in section 7.1(a), the building permit may be revoked by the Chief Building Official and the City shall have a lien on the land for the amount of the payment in default and this amount shall be deemed to be municipal taxes and may be collected in the same manner and with the same priorities as municipal taxes.
The agreement referred to in section 7.1(e) shall be registered against the title of the lands being developed, and the City is entitled to enforce the provisions of the said agreement against the developer, owner, or any and all subsequent owners of such lands.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
Non-residential
7.2 Timing and calculation and payment rules are as follows:
The development charges under this By-law for non-residential developments shall be calculated and payable as of the date of the issuance of the first building permit with respect to the development.
Notwithstanding section 7.2(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and
26.2 of the Act, as amended;
Notwithstanding section 7.2 (a), development charges for institutional developments in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this by-law, until such development charge is paid, or where development charges are to be paid by installments, such as but not limited to those in accordance with section 7.2 (c), until such time as the developer has provided confirmation that it has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
8. EXEMPTIONS
8.1 The following are exempt from the payment of development charges under this by-law for reason of section 3 of the Act:
(a) lands and buildings owned by and used for the purposes of the City or the Region or any local board, unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose; and
(b) land and buildings owned by and used for the purposes of a board of education unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose.
8.2 Notwithstanding any other provision of this by-law, no development charge is imposed under this by-law respecting:
(a) land and buildings used for agricultural use;
(b) lands and buildings which are used or intended to be used as municipal housing project facilities, as set out in section 110 of the Municipal Act, 2001, S.O. 2001,
c. 25, O. Reg. 603/06 under the Municipal Act, 2001, S.O. 2001, c. 25, and the Region’s Municipal Housing Facility By-law No. 34-2004, all as may be amended;
(c) lands and buildings used for affordable housing projects that receive funding through an agreement with Niagara Regional Housing, provided that the owner of the lands continues to use the lands and buildings for affordable housing. The owner shall be required to enter into an agreement with the Region under section 27 of the Act, notice of which the owner shall register on the title to the lands at its sole cost and expense, with the intention that the provisions shall bind and run with title to the lands. If the owner ceases to use the lands and buildings for affordable housing, the development charges shall become immediately due and payable;
(d) land and buildings owned, used and occupied by a charitable institution;
(e) gas station canopies;
(f) cemeteries, mausoleums and columbariums;
(g) places of worship;
(h) parking structures associated with a residential and/or non-residential use.
9. STATUTORY EXEMPTIONS FOR RESIDENTIAL UNITS IN EXISTING HOUSING AND NEW RESIDENTIAL BUILDINGS
9.1 Notwithstanding the provisions of this By-law, exemptions for intensification of existing and new housing shall be provided in accordance with the Act.
10. STATUTORY EXEMPTION FOR INDUSTRIAL EXPANSION
10.1 Pursuant to the Act, and any amendments thereof, and notwithstanding any other provision of this By-law, there shall be an exemption from the payment of development charges for one or more enlargements of existing industrial buildings on a site, up to a maximum of 50% of the gross floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to the Act or this section. The development need not be an attached addition or expansion of an existing industrial building, but rather may be a new standalone structure, provided it is located on the same parcel of land. Development charges shall be imposed in accordance with this By-law with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building on the site being increased by greater than 50% of the gross floor area of all the existing industrial buildings on the site.
10.2 If the gross floor area is enlarged by more than 50%, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows:
(i) Determine the amount by which the enlargement exceeds 50% of the gross floor area before the enlargement
(ii) Divide the amount determined under paragraph (i) by the amount of the enlargement.
11. OTHER STATUTORY EXEMPTIONS AND DISCOUNTS
11.1 Notwithstanding the provisions of this By-law, development charges exemptions and discounts shall be provided in accordance with the requirements of the Act and any amendments thereof.
12. RULES WITH RESPECT TO REDEVELOPMENT - DEMOLITIONS
12.1 If application is made for a building permit in respect of a parcel of land upon which a premise existing within five years prior to the date of such application, but which premise has been demolished or destroyed before the date of such application, then the amount of development charges payable upon issuance of the said building permit shall be reduced to the net amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the demolished or destroyed premise, provided that such reduction shall not exceed the development charges otherwise payable. For purposes of this subsection, “net” means the excess of the development charges for premises constructed, over the development charges for premises demolished or destroyed.
12.2 If, at the time of payment of development charges in respect of a parcel of land, the owner of the said land provides written notification of his/her intention to demolish,
within five years, a premise existing on that parcel at the time of such payment, then upon the subsequent assurance by the Treasurer of the City, within five years after such payment, that such premise on such parcel has indeed been so demolished, and the particulars of such demolished premise, the City shall refund to such owner a reduction in the development charges paid, which reduction is the amount, calculated pursuant to this by-law or a predecessor by-law of the City, at the development charge rates in effect at the time of such payment, that would have been payable as development charges in respect of the premise demolished, provided that such reduction shall not exceed the development charges actually paid.
12.3 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
13. RULES WITH RESPECT TO REDEVELOPMENT - CONVERSIONS
13.1 If a development includes the conversion of a premise from one use (the “first use”), to another use, then the amount of development charges (as defined in this by-law) payable shall be reduced by the amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the first use, provided that such reduction shall not exceed the development charges otherwise payable.
13.2 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
14. RULES WITH RESPECT TO REFUNDS
14.1 Refunds of development charges shall be paid in accordance with section 18(3) of the Act and section 11(2) of O.Reg. 82/98, and any amendments thereof.
15. INDEXING
15.1 The amounts of Development Charges imposed pursuant to this by-law, as set out in Schedules “A” and “B” shall be adjusted annually without amendment to this by-law, in accordance with the Statistics Canada Quarterly Construction Price Statistics (catalogue number 62-007), as follows:
(a) the initial adjustment shall be September 1, 2024; and
(b) thereafter, adjustment shall be made each year on September 1.
15.2 For greater certainty, on September 1 of each year, the annual indexation adjustment shall be applied to the development charges as set out in Schedules “A” and “B”, plus the accumulated annual indexation adjustments from previous years, if any.
15.3 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
16. GENERAL
16.1 The following schedules to this by-law form an integral part of this by-law:
Schedule “A” -
Residential Development Charges;
Schedule “B” -
Non-Residential Development Charges ;
16.2 Each of the provisions of this by-law is severable and if any provision hereof should, for any reason, be declared invalid by the Ontario Land Tribunal or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16.3 This by-law shall come into force and effect on the 8th of July, 2024.
17. CORRECTIONS
17.1 The Clerk of the City is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law.
Passed this 28th day of May, 2024. ORIGINAL SIGNED
CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: Second Reading: Third Reading:
Schedule “A”
Development Charge Rates Imposed by By-law 2024-XX General Services Residential Development Charges
$/unit
Schedule “A”
Development Charge Rates Imposed by By-law 2024-XX Services Related to a Highway: Roads and Related Residential Development Charges
$/unit
Schedule “A”
Development Charge Rates Imposed by By-law 2024-XX Water, Sanitary Sewer and Storm Water Management Residential Development Charges
$/unit
Schedule “B”
Development Charge Rates Imposed by By-law 2024-XX General Services Non-Residential Development Charges
$/square metre
CITY OF NIAGARA FALLS
By-law 2024 - 054
A by-law to establish Development Charges for Services Related to a Highway: Roads and Related for the City of Niagara Falls
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, (hereinafter called the “Act”) provides that the Council of a municipality may, by by-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; and
AND WHEREAS Council has before it a Report entitled “Development Charges Background Study”, the City of Niagara Falls, dated March 28, 2024, as amended, by Hemson Consulting (the “Study”); and
AND WHEREAS the Council of the City of Niagara Falls received a report entitled Development Charges Background Study dated March 28, 2024, as amended, prepared by Hemson Consulting, wherein it was indicated that the development of any land within the City of Niagara Falls will increase the need for services as defined herein; and
AND WHEREAS copies of the Study were made available on March 28, 2024 and copies of the proposed Development Charges by-law were made available on April 16, 2024 to the public in accordance with section 12 of the Act; and
AND WHEREAS the Council of the City of Niagara Falls on May 28, 2024 approved the Study, dated March 28, 2024, as amended, in which recommendations were made relating to the establishment of a development charge policy for the City of Niagara Falls pursuant to the Act; and
AND WHEREAS the Council of the City of Niagara Falls heard all persons who applied to be heard no matter whether in objection to, or in support of, the proposed development charges at a Public Meeting held on April 30, 2024; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the increase in the need for services attributable to the anticipated development as contemplated in the Study, including any capital costs, will be met by updating the capital budget and forecast for the City of Niagara Falls, where appropriate; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 approved the Study and determined that no further public meetings were required under section 12 of the Act; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the future excess capacity identified in the Study, shall be paid for by the development charges contemplated in the said Study, or other similar charges; and
AND WHEREAS the Council of the City of Niagara Falls has given consideration of the use of more than one Development Charge By-law to reflect different needs for services in different areas, also known as “area rating” or “area specific development charges”, and has determined that for the services, and associated infrastructure proposed to be funded by development charges under this by-law, that it is fair and reasonable that the charges be calculated on a municipal-wide and area-specific basis; and
AND WHEREAS the Study dated March 28, 2024, as amended, includes an Asset Management Plan that deals with all assets whose capital costs are intended to be funded under the Development Charge By-law and that such assets are considered to be financially sustainable over their full life-cycle; and
AND WHEREAS the Council of the City of Niagara Falls will give consideration to incorporating the Asset Management Plan outlined in the Study within the City of Niagara Falls ongoing practices and Corporate Asset Management Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS:
- DEFINITIONS
1.1 In this by-law:
“Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
“agricultural use” means use or intended use for bona fide farming purposes, including, but not limited to:
cultivation of crops, whether on open land or in greenhouses, including, but not limited to, fruit, vegetables, herbs, grains, field crops, sod, trees, shrubs, flowers, and ornamental plants;
raising of animals including, but not limited to, cattle, horses, pigs, poultry, livestock, fish; and
agricultural animal husbandry, dairying, equestrian activities, horticulture, fallowing, pasturing, and market gardening;
but excluding:
retail sales activities including, but not limited to, restaurants, banquet facilities, hospitality facilities and gift shops;
services related to grooming, boarding or breeding of household pets; and
a residential or commercial use or a marijuana processing or production facilities.;
“apartment dwelling” means any residential dwelling unit within a building containing four or more dwelling units where the residential units are connected by an interior corridor and including units defined as a stacked townhouse;
“back-to-back townhouse dwelling” means a building containing more than two dwelling units separated vertically by a common wall, including a rear common wall, that do not have rear yards;
“bedroom” means a room which can be used as sleeping quarters but does not include a kitchen, bathroom, living room or dining room, but does include an office, den, study or similar;
“board of education” means a board as defined in the Education Act, R.S.O. 1990, c. E.2, as amended;
“brownfield” means land located within the boundaries of the approved Community Improvement Plan areas, as set out in Schedule “D” to this By-law as may be amended from time to time, or within the boundaries of the urban areas as defined from time to time in the Region’s Policy Plan, upon which there has been previous industrial or commercial development (although such development may have been demolished) and for which a Phase I Environmental Site Assessment and Record of Site Condition have been completed pursuant to the Guideline for Use at Contaminated Sites in Ontario (Ontario Ministry of the Environment)
“building permit” means a permit pursuant to the Building Code Act, 1992, S.O. 1992,
c. 23, as amended;
“building or structure” means a building as defined in the Building Code Act, 1992,
S.O. 1992, c. 23, as amended;
“charitable institution” means a charitable, non-profit philanthropic corporation organized for the relief of the poor if the corporation is supported in part by public funds, and which is exempt from taxation as a charitable institution pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“City” means The Corporation of the City of Niagara Falls;
“Council” means the Council of The Corporation of the City of Niagara Falls;
“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, and includes redevelopment. Notwithstanding the foregoing, development does not include temporary structures including, but not limited to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales stands;
“duplex dwelling” means a residential building containing two dwelling units separated by horizontal division, each of which units has a separate entrance to
grade;
“dwelling room” means either:
each bedroom used, designed or intended for use by one or more persons living together in a lodging home, or student residence, or
in the case of a special care/special need residence, each individual room or suite of rooms used, designed or intended for use by one or two persons with or without exclusive sanitary and/or culinary facilities;
“dwelling unit” means one or more rooms used, designed, or intended to be used by one or more persons as a residence and which has access to culinary and sanitary facilities. A “dwelling unit” does not include a Park Model Trailer conforming to National Standard of Canada #CAN/CSA - Z241.0-92 or similar standard;
“existing industrial building” has the same meaning as in O.Reg. 82/98, as amended
“gross floor area” means the total floor area, measured between the outside of exterior walls, virtual walls or between the outside of exterior walls or virtual walls and the centre line of party walls dividing the building from another building, of all floors and mezzanines above the average level of finished ground adjoining the building at its exterior walls;
“group home” means a dwelling for the accommodation of three to eight residents, supervised by agency staff and funded wholly or in part by any government or its agency and approved or supervised by the Province of Ontario under any act;
“hotel/motel” means a commercial establishment offering lodging to travelers, and may include other services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit;
“industrial use” means land, buildings or structures used for or in connection with manufacturing by:
manufacturing, producing, processing, storing or distributing something; research or development in connection with manufacturing, producing or
processing something;
retails sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place;
office or administrative purposes, if they are:
(i) carried out with respect to manufacturing, producing, processing, storage or distributing of something; and
(i) in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution.
“institutional development” means development of a building or structure intended for institutional development use as defined by O. Reg. 82/98.
“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the City or the Region, but excluding a board of education, a conservation authority, any municipal services corporation that is not deemed to be a local board under O. Reg. 599/06 made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
“local service” means those services, facilities or things which are related to a plan of subdivision, are within the area to which the plan relates, or are installed or paid for by the owner as a condition of approval under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
“long term care home” means a home, nursing home or home for the aged where the Ministry of Health and Long Term Care funds the care provided in such home and application for accommodation is made through a Community Care Access Centre.
“mezzanine” means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony;
“marijuana processing or production facilities.” means the cultivation, growth, harvesting, processing, composting, destruction, packaging, storage and distribution of plants or parts of plants of the genus Cannabis (marijuana);
“mixed-use building” means a building or structure used for both residential and non-residential use;
“multiplex dwelling” means a residential building containing three or more dwelling units, each of which unit has a separate entrance to grade;
“municipal housing project facilities” has the same meaning as that specified in the Region’s Municipal Housing Facility By-law No. 34-2004, as may be amended;
"non-residential building" means a building or structure used exclusively for non-residential use;
“non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an institutional use, an industrial use, a hotel/motel use and a commercial use;
“non-profit housing development”, as defined by the Act and any amendments thereof, means the development of a building or structure intended for use as a
residential premises and developed by,
(a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing,
(b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or
(c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. 2022, c. 21, Sched. 3, s. 4.
“owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;
“other multiple” means all residential units other than single detached dwelling, semi-detached dwelling and apartments and may include but is not limited to townhouses, street townhouses, rowhouse, back-to-back townhouses, and duplexes; ;
“parking structure” means buildings or structures uses for the parking of motor vehicles;
“places of worship” means any building or part thereof that is owned by a church or religious organization that is exempt from taxation as a place of worship pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“premise” means one or more dwelling units and/or one or more square feet used for non-residential use;
“Region” means The Regional Municipality of Niagara; “Regulation” means O. Reg. 82/98 under the Act, as amended;
”rental housing” means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises as defined by O.Reg. 82/98, as amended;
“residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, stacked townhouse dwelling, back-to-back town house dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room;
“residential use” means use or intended use for human habitation and ancillary purposes, and includes such use related to agricultural use, but does not include a hotel/motel use; for purposes of this definition “ancillary purposes” includes, but is not limited to, vehicle storage and equipment storage;
“row dwelling” means a residential building containing three or more dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“semi-detached dwelling” means a residential building containing two dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“single detached dwelling” means a residential building containing one dwelling unit and not attached to another structure. Where it is attached to another structure by footings or below grade walls only, it shall be considered a single detached dwelling, for the purposes of this by-law;
“special care/special need dwelling unit” means a residence:
containing two or more dwelling rooms, which rooms have common entrance from street level;
where the occupants have the right to use, in common with other occupants, halls, stairs, yards, common room and accessory buildings; and
that is designed to accommodate persons with specific needs including, but not limited to, independent permanent living arrangements; and where support services, such as meal preparation, grocery shopping, laundry, housing, nursing, respite care and attending services are provided at various levels; and includes, but is not limited to, retirement homes or lodges, charitable dwellings, group homes and hospices;
“stacked townhouse” means a building containing two or more dwelling units where each dwelling unit is separated horizontally and/or vertically from another dwelling unit by a common wall or floor and for the purposes of this by-law are defined as “apartment dwelling”;
“urban services” means the municipal services of sidewalks, water, sanitary sewers, and stormwater management; and
“use” means either residential use or non-residential use.
2. RULES
2.1 For the purposes of complying with section 6 of the Act:
(a) the rules for determining if a development charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 3 through 7;
(b) the rules for determining exemptions, relief, credits and adjustments shall be in accordance with sections 8 through 13;
(c) the rules for determining the indexing of development charges shall be in accordance with section 15.
3. LANDS AFFECTED
3.1 This by-law applies to all lands in the geographic area of the City.
4. APPROVALS FOR DEVELOPMENT
4.1 Development charges under this by-law shall be imposed against all development if the development requires:
(a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(b) approval of a minor variance under section 45 of the Planning Act, R.S.O. 1990,
c. P.13, as amended;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(e) a consent under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended; the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended;
(f) the approval of a description under section 9 of the Condominium Act, 1998; or
(g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, in relation to a building or structure.
4.2 Nothing in this by-law prevents Council from requiring, in an agreement under section 51of the Planning Act, R.S.O. 1990, c. P.13, as amended, or as a condition of consent or an agreement respecting same under section 53 of the Planning Act,
R.S.O. 1990, c. P.13, as amended, that the owner, at his or her own expense, install such local services related to or within the area to which a plan of subdivision or consent relates, as Council may require, in accordance with the City’s applicable local service policy in effect at the time.
5. DESIGNATION OF SERVICES
5.1 A development charge shall include:
a charge in respect of Services Related to a Highway: Roads and Related.
6. AMOUNT OF CHARGE
Residential
6.1 For development for residential purposes, development charges shall be imposed on all residential development, including a dwelling unit accessory to a non-residential development and the residential component of a mixed-use building, according to the number and type of dwelling units on the lands as set out in Schedule “A”.
Non-residential
6.2 For development for non-residential purposes, development charges shall be imposed on all non-residential development and, in the case of a mixed-used building, on the non-residential component of the mixed-use building, according to the type and gross floor area of the non-residential component as set out in Schedule “B”.
7. TIMING AND CALCULATION AND PAYMENT
Residential
7.1 Timing and calculation and payment rules are as follows:
Subject to section 7.1(e), the development charges under this By-law for residential buildings and residential uses in mixed-use buildings shall be:
i calculated in accordance with section 7.1(d), and where 7.1(d) does not apply, calculated as of the date of the issuance of the first building permit; and
ii payable, with no accrued interest from the date of issuance of the first building permit, on the earlier of the following events:
180 days from the date of the issuance of the building permit; or
within 5 business days of a request to release the occupancy permit.
Subject to section 7.1(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and 26.2 of the Act, as amended;
Notwithstanding section 7.1 (a), development charges for rental housing in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning
by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this By-law, until such development charge is paid, or where development charges are to be paid by installments, or are deferred such as but not limited to those in accordance with section 7.1 (a) and (c), until such time as the developer has provided written confirmation that it wishes to avail itself of the deferral contemplated in section 7.1(a) or section 7.1(c), as appropriate, and has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
i With respect to the deferral contemplated in section 7.1(a), any agreement referred to in section 7.1(e) shall include the following terms:
i. If there is a default of any of the payments listed in section 7.1(a), the building permit may be revoked by the Chief Building Official and the City shall have a lien on the land for the amount of the payment in default and this amount shall be deemed to be municipal taxes and may be collected in the same manner and with the same priorities as municipal taxes.
ii. The agreement referred to in section 7.1(e) shall be registered against the title of the lands being developed, and the City is entitled to enforce the provisions of the said agreement against the developer, owner, or any and all subsequent owners of such lands.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
Non-residential
7.2 Timing and calculation and payment rules are as follows:
The development charges under this By-law for non-residential developments shall be calculated and payable as of the date of the issuance of the first building permit with respect to the development.
Notwithstanding section 7.2(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and
26.2 of the Act, as amended;
Notwithstanding section 7.2 (a), development charges for institutional developments in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this by-law, until such development charge is paid, or where development charges are to be paid by installments, such as but not limited to those in accordance with section 7.2 (c), until such time as the developer has provided confirmation that it has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
8. EXEMPTIONS
8.1 The following are exempt from the payment of development charges under this by-law for reason of section 3 of the Act:
(a) lands and buildings owned by and used for the purposes of the City or the Region or any local board, unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose; and
(b) land and buildings owned by and used for the purposes of a board of education unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose.
8.2 Notwithstanding any other provision of this by-law, no development charge is imposed under this by-law respecting:
(a) land and buildings used for agricultural use;
(b) lands and buildings which are used or intended to be used as municipal housing project facilities, as set out in section 110 of the Municipal Act, 2001, S.O. 2001,
c. 25, O. Reg. 603/06 under the Municipal Act, 2001, S.O. 2001, c. 25, and the Region’s Municipal Housing Facility By-law No. 34-2004, all as may be amended;
(c) lands and buildings used for affordable housing projects that receive funding through an agreement with Niagara Regional Housing, provided that the owner of the lands continues to use the lands and buildings for affordable housing. The owner shall be required to enter into an agreement with the Region under section 27 of the Act, notice of which the owner shall register on the title to the lands at its sole cost and expense, with the intention that the provisions shall bind and run with title to the lands. If the owner ceases to use the lands and buildings for affordable housing, the development charges shall become immediately due and payable;
(d) land and buildings owned, used and occupied by a charitable institution;
(e) gas station canopies;
(f) cemeteries, mausoleums and columbariums;
(g) places of worship;
(h) parking structures associated with a residential and/or non-residential use.
9. STATUTORY EXEMPTIONS FOR RESIDENTIAL UNITS IN EXISTING HOUSING AND NEW RESIDENTIAL BUILDINGS
9.1 Notwithstanding the provisions of this By-law, exemptions for intensification of existing and new housing shall be provided in accordance with the Act.
10. STATUTORY EXEMPTION FOR INDUSTRIAL EXPANSION
10.1 Pursuant to the Act, and any amendments thereof, and notwithstanding any other provision of this By-law, there shall be an exemption from the payment of development charges for one or more enlargements of existing industrial buildings on a site, up to a maximum of 50% of the gross floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to the Act or this section. The development need not be an attached addition or expansion of an existing industrial building, but rather may be a new standalone structure, provided it is located on the same parcel of land. Development charges shall be imposed in accordance with this By-law with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building on the site being increased by greater than 50% of the gross floor area of all the existing industrial buildings on the site.
10.2 If the gross floor area is enlarged by more than 50%, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows:
(i) Determine the amount by which the enlargement exceeds 50% of the gross floor area before the enlargement
(ii) Divide the amount determined under paragraph (i) by the amount of the enlargement.
11. OTHER STATUTORY EXEMPTIONS AND DISCOUNTS
11.1 Notwithstanding the provisions of this By-law, development charges exemptions and discounts shall be provided in accordance with the requirements of the Act and any amendments thereof.
12. RULES WITH RESPECT TO REDEVELOPMENT - DEMOLITIONS
12.1 If application is made for a building permit in respect of a parcel of land upon which a premise existing within five years prior to the date of such application, but which premise has been demolished or destroyed before the date of such application, then the amount of development charges payable upon issuance of the said building permit shall be reduced to the net amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the demolished or destroyed premise, provided that such reduction shall not exceed the development charges otherwise payable. For purposes of this subsection, “net” means the excess of the development charges for premises constructed, over the development charges for premises demolished or destroyed.
12.2 If, at the time of payment of development charges in respect of a parcel of land, the owner of the said land provides written notification of his/her intention to demolish,
within five years, a premise existing on that parcel at the time of such payment, then upon the subsequent assurance by the Treasurer of the City, within five years after such payment, that such premise on such parcel has indeed been so demolished, and the particulars of such demolished premise, the City shall refund to such owner a reduction in the development charges paid, which reduction is the amount, calculated pursuant to this by-law or a predecessor by-law of the City, at the development charge rates in effect at the time of such payment, that would have been payable as development charges in respect of the premise demolished, provided that such reduction shall not exceed the development charges actually paid.
12.3 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
13. RULES WITH RESPECT TO REDEVELOPMENT - CONVERSIONS
13.1 If a development includes the conversion of a premise from one use (the “first use”), to another use, then the amount of development charges (as defined in this by-law) payable shall be reduced by the amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the first use, provided that such reduction shall not exceed the development charges otherwise payable.
13.2 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
14. RULES WITH RESPECT TO REFUNDS
14.1 Refunds of development charges shall be paid in accordance with section 18(3) of the Act and section 11(2) of O.Reg. 82/98, and any amendments thereof.
15. INDEXING
15.1 The amounts of Development Charges imposed pursuant to this by-law, as set out in Schedules “A” and “B” shall be adjusted annually without amendment to this by-law, in accordance with the Statistics Canada Quarterly Construction Price Statistics (catalogue number 62-007), as follows:
(a) the initial adjustment shall be September 1, 2024; and
(b) thereafter, adjustment shall be made each year on September 1.
15.2 For greater certainty, on September 1 of each year, the annual indexation adjustment shall be applied to the development charges as set out in Schedules “A” and “B”, plus the accumulated annual indexation adjustments from previous years, if any.
15.3 Notwithstanding sections 15.1 and 15.2 of this by-law, Council of the City may, for any particular year, waive the indexing for that particular year without amendment to this by-law.
16. GENERAL
16.1 The following schedules to this by-law form an integral part of this by-law:
Schedule “A” -
Residential Development Charges;
Schedule “B” -
Non-Residential Development Charges ;
16.2 Each of the provisions of this by-law is severable and if any provision hereof should, for any reason, be declared invalid by the Ontario Land Tribunal or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16.3 This by-law shall come into force and effect on the 8th of July, 2024.
17. CORRECTIONS
17.1 The Clerk of the City is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law.
Passed this 28th day of May, 2024. ORIGINAL SIGNED
CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: Second Reading: Third Reading
Schedule “B”
Development Charge Rates Imposed by By-law 2024-XX Services Related to a Highway: Roads and Related
Non-Residential Development Charges
$/square metre
CITY OF NIAGARA FALLS
By-law 2024 - 055
A by-law to establish Development Charges for Water, Sanitary Sewer and Storm Water Management for the City of Niagara Falls
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, (hereinafter called the “Act”) provides that the Council of a municipality may, by by-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; and
AND WHEREAS Council has before it a Report entitled “Development Charges Background Study”, the City of Niagara Falls, dated March 28, 2024, as amended, by Hemson Consulting (the “Study”); and
AND WHEREAS the Council of the City of Niagara Falls received a report entitled Development Charges Background Study dated March 28, 2024, as amended, prepared by Hemson Consulting, wherein it was indicated that the development of any land within the City of Niagara Falls will increase the need for services as defined herein; and
AND WHEREAS copies of the Study were made available on March 28, 2024 and copies of the proposed Development Charges by-law were made available on April 16, 2024 to the public in accordance with section 12 of the Act; and
AND WHEREAS the Council of the City of Niagara Falls on May 28, 2024 approved the Study, dated March 28, 2024, as amended, in which recommendations were made relating to the establishment of a development charge policy for the City of Niagara Falls pursuant to the Act; and
AND WHEREAS the Council of the City of Niagara Falls heard all persons who applied to be heard no matter whether in objection to, or in support of, the proposed development charges at a Public Meeting held on April 30, 2024; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the increase in the need for services attributable to the anticipated development as contemplated in the Study, including any capital costs, will be met by updating the capital budget and forecast for the City of Niagara Falls, where appropriate; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 approved the Study and determined that no further public meetings were required under section 12 of the Act; and
AND WHEREAS Council of the City of Niagara Falls on May 28, 2024 determined that the future excess capacity identified in the Study, shall be paid for by the development charges contemplated in the said Study, or other similar charges; and
AND WHEREAS the Council of the City of Niagara Falls has given consideration of the use of more than one Development Charge By-law to reflect different needs for services in different areas, also known as “area rating” or “area specific development charges”, and has determined that for the services, and associated infrastructure proposed to be funded by development charges under this by-law, that it is fair and reasonable that the charges be calculated on a municipal-wide and area-specific basis; and
AND WHEREAS the Study dated March 28, 2024, as amended, includes an Asset Management Plan that deals with all assets whose capital costs are intended to be funded under the Development Charge By-law and that such assets are considered to be financially sustainable over their full life-cycle; and
AND WHEREAS the Council of the City of Niagara Falls will give consideration to incorporating the Asset Management Plan outlined in the Study within the City of Niagara Falls ongoing practices and Corporate Asset Management Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS:
- DEFINITIONS
1.1 In this by-law:
“Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
“agricultural use” means use or intended use for bona fide farming purposes, including, but not limited to:
cultivation of crops, whether on open land or in greenhouses, including, but not limited to, fruit, vegetables, herbs, grains, field crops, sod, trees, shrubs, flowers, and ornamental plants;
raising of animals including, but not limited to, cattle, horses, pigs, poultry, livestock, fish; and
agricultural animal husbandry, dairying, equestrian activities, horticulture, fallowing, pasturing, and market gardening;
but excluding:
retail sales activities including, but not limited to, restaurants, banquet facilities, hospitality facilities and gift shops;
services related to grooming, boarding or breeding of household pets; and
a residential or commercial use or a marijuana processing or production facilities.;
“apartment dwelling” means any residential dwelling unit within a building containing four or more dwelling units where the residential units are connected by an interior corridor and including units defined as a stacked townhouse;
“back-to-back townhouse dwelling” means a building containing more than two dwelling units separated vertically by a common wall, including a rear common wall, that do not have rear yards;
“bedroom” means a room which can be used as sleeping quarters but does not include a kitchen, bathroom, living room or dining room, but does include an office, den, study or similar;
“board of education” means a board as defined in the Education Act, R.S.O. 1990, c. E.2, as amended;
“brownfield” means land located within the boundaries of the approved Community Improvement Plan areas, as set out in Schedule “D” to this By-law as may be amended from time to time, or within the boundaries of the urban areas as defined from time to time in the Region’s Policy Plan, upon which there has been previous industrial or commercial development (although such development may have been demolished) and for which a Phase I Environmental Site Assessment and Record of Site Condition have been completed pursuant to the Guideline for Use at Contaminated Sites in Ontario (Ontario Ministry of the Environment)
“building permit” means a permit pursuant to the Building Code Act, 1992, S.O. 1992,
c. 23, as amended;
“building or structure” means a building as defined in the Building Code Act, 1992,
S.O. 1992, c. 23, as amended;
“charitable institution” means a charitable, non-profit philanthropic corporation organized for the relief of the poor if the corporation is supported in part by public funds, and which is exempt from taxation as a charitable institution pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“City” means The Corporation of the City of Niagara Falls;
“Council” means the Council of The Corporation of the City of Niagara Falls;
“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, and includes redevelopment. Notwithstanding the foregoing, development does not include temporary structures including, but not limited to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales stands;
“duplex dwelling” means a residential building containing two dwelling units separated by horizontal division, each of which units has a separate entrance to
grade;
“dwelling room” means either:
each bedroom used, designed or intended for use by one or more persons living together in a lodging home, or student residence, or
in the case of a special care/special need residence, each individual room or suite of rooms used, designed or intended for use by one or two persons with or without exclusive sanitary and/or culinary facilities;
“dwelling unit” means one or more rooms used, designed, or intended to be used by one or more persons as a residence and which has access to culinary and sanitary facilities. A “dwelling unit” does not include a Park Model Trailer conforming to National Standard of Canada #CAN/CSA - Z241.0-92 or similar standard;
“existing industrial building” has the same meaning as in O.Reg. 82/98, as amended
“gross floor area” means the total floor area, measured between the outside of exterior walls, virtual walls or between the outside of exterior walls or virtual walls and the centre line of party walls dividing the building from another building, of all floors and mezzanines above the average level of finished ground adjoining the building at its exterior walls;
“group home” means a dwelling for the accommodation of three to eight residents, supervised by agency staff and funded wholly or in part by any government or its agency and approved or supervised by the Province of Ontario under any act;
“hotel/motel” means a commercial establishment offering lodging to travelers, and may include other services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit;
“industrial use” means land, buildings or structures used for or in connection with manufacturing by:
manufacturing, producing, processing, storing or distributing something; research or development in connection with manufacturing, producing or
processing something;
retails sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place;
office or administrative purposes, if they are:
(i) carried out with respect to manufacturing, producing, processing, storage or distributing of something; and
(i) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution.
“institutional development” means development of a building or structure intended for institutional development use as defined by O. Reg. 82/98.
“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the City or the Region, but excluding a board of education, a conservation authority, any municipal services corporation that is not deemed to be a local board under O. Reg. 599/06 made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
“local service” means those services, facilities or things which are related to a plan of subdivision, are within the area to which the plan relates, or are installed or paid for by the owner as a condition of approval under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
“long term care home” means a home, nursing home or home for the aged where the Ministry of Health and Long Term Care funds the care provided in such home and application for accommodation is made through a Community Care Access Centre.
“mezzanine” means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony;
“marijuana processing or production facilities.” means the cultivation, growth, harvesting, processing, composting, destruction, packaging, storage and distribution of plants or parts of plants of the genus Cannabis (marijuana);
“mixed-use building” means a building or structure used for both residential and non-residential use;
“multiplex dwelling” means a residential building containing three or more dwelling units, each of which unit has a separate entrance to grade;
“municipal housing project facilities” has the same meaning as that specified in the Region’s Municipal Housing Facility By-law No. 34-2004, as may be amended;
"non-residential building" means a building or structure used exclusively for non-residential use;
“non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an institutional use, an industrial use, a hotel/motel use and a commercial use;
“non-profit housing development”, as defined by the Act and any amendments thereof, means the development of a building or structure intended for use as a
residential premises and developed by,
(a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing,
(b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or
(c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. 2022, c. 21, Sched. 3, s. 4.
“owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;
“other multiple” means all residential units other than single detached dwelling, semi-detached dwelling and apartments and may include but is not limited to townhouses, street townhouses, rowhouse, back-to-back townhouses, and duplexes; ;
“parking structure” means buildings or structures uses for the parking of motor vehicles;
“places of worship” means any building or part thereof that is owned by a church or religious organization that is exempt from taxation as a place of worship pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended;
“premise” means one or more dwelling units and/or one or more square feet used for non-residential use;
“Region” means The Regional Municipality of Niagara; “Regulation” means O. Reg. 82/98 under the Act, as amended;
”rental housing” means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises as defined by O.Reg. 82/98, as amended;
“residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, stacked townhouse dwelling, back-to-back town house dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room;
“residential use” means use or intended use for human habitation and ancillary purposes, and includes such use related to agricultural use, but does not include a hotel/motel use; for purposes of this definition “ancillary purposes” includes, but is not limited to, vehicle storage and equipment storage;
“row dwelling” means a residential building containing three or more dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“semi-detached dwelling” means a residential building containing two dwelling units separated by vertical division, each of which units has a separate entrance to grade;
“single detached dwelling” means a residential building containing one dwelling unit and not attached to another structure. Where it is attached to another structure by footings or below grade walls only, it shall be considered a single detached dwelling, for the purposes of this by-law;
“special care/special need dwelling unit” means a residence:
containing two or more dwelling rooms, which rooms have common entrance from street level;
where the occupants have the right to use, in common with other occupants, halls, stairs, yards, common room and accessory buildings; and
that is designed to accommodate persons with specific needs including, but not limited to, independent permanent living arrangements; and where support services, such as meal preparation, grocery shopping, laundry, housing, nursing, respite care and attending services are provided at various levels; and includes, but is not limited to, retirement homes or lodges, charitable dwellings, group homes and hospices;
“stacked townhouse” means a building containing two or more dwelling units where each dwelling unit is separated horizontally and/or vertically from another dwelling unit by a common wall or floor and for the purposes of this by-law are defined as “apartment dwelling”;
“urban services” means the municipal services of sidewalks, water, sanitary sewers, and stormwater management; and
“use” means either residential use or non-residential use.
2. RULES
2.1 For the purposes of complying with section 6 of the Act:
(a) the rules for determining if a development charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 3 through 7;
(b) the rules for determining exemptions, relief, credits and adjustments shall be in accordance with sections 8 through 13;
(c) the rules for determining the indexing of development charges shall be in accordance with section 15.
3. LANDS AFFECTED
3.1 This by-law applies to all lands in the geographic area of the City.
4. APPROVALS FOR DEVELOPMENT
4.1 Development charges under this by-law shall be imposed against all development if the development requires:
(a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(b) approval of a minor variance under section 45 of the Planning Act, R.S.O. 1990,
c. P.13, as amended;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
(e) a consent under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended; the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended;
(f) the approval of a description under section 9 of the Condominium Act, 1998; or
(g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, in relation to a building or structure.
4.2 Nothing in this by-law prevents Council from requiring, in an agreement under section 51of the Planning Act, R.S.O. 1990, c. P.13, as amended, or as a condition of consent or an agreement respecting same under section 53 of the Planning Act,
R.S.O. 1990, c. P.13, as amended, that the owner, at his or her own expense, install such local services related to or within the area to which a plan of subdivision or consent relates, as Council may require, in accordance with the City’s applicable local service policy in effect at the time.
5. DESIGNATION OF SERVICES
5.1 A development charge shall include:
(a) a charge in respect of Storm Water Management;
(b) if Water service is available, a charge in respect of Water; and
(c) if Sanitary Sewers service is available, a charge in respect of Sanitary Sewers.
6. AMOUNT OF CHARGE
Residential
6.1 For development for residential purposes, development charges shall be imposed on all residential development, including a dwelling unit accessory to a non-residential development and the residential component of a mixed-use building, according to the number and type of dwelling units on the lands as set out in
Schedule “A”.
Non-residential
6.2 For development for non-residential purposes, development charges shall be imposed on all non-residential development and, in the case of a mixed-used building, on the non-residential component of the mixed-use building, according to the type and gross floor area of the non-residential component as set out in Schedule “B”.
7. TIMING AND CALCULATION AND PAYMENT
Residential
7.1 Timing and calculation and payment rules are as follows:
Subject to section 7.1(e), the development charges under this By-law for residential buildings and residential uses in mixed-use buildings shall be:
i calculated in accordance with section 7.1(d), and where 7.1(d) does not apply, calculated as of the date of the issuance of the first building permit; and
ii payable, with no accrued interest from the date of issuance of the first building permit, on the earlier of the following events:
180 days from the date of the issuance of the building permit; or
within 5 business days of a request to release the occupancy permit.
Subject to section 7.1(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and 26.2 of the Act, as amended;
Notwithstanding section 7.1 (a), development charges for rental housing in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this By-law, until such development charge is paid, or where development charges are to be paid by installments, or are deferred such as but not limited to those in accordance with section 7.1 (a) and (c), until such time as the developer has provided written confirmation that it wishes to avail itself of the deferral contemplated in section 7.1(a) or section 7.1(c), as appropriate, and has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
i With respect to the deferral contemplated in section 7.1(a), any agreement referred to in section 7.1(e) shall include the following terms:
i. If there is a default of any of the payments listed in section 7.1(a), the building permit may be revoked by the Chief Building Official and the City shall have a lien on the land for the amount of the payment in default and this amount shall be deemed to be municipal taxes and may be collected in the same manner and with the same priorities as municipal taxes.
ii. The agreement referred to in section 7.1(e) shall be registered against the title of the lands being developed, and the City is entitled to enforce the provisions of the said agreement against the developer, owner, or any and all subsequent owners of such lands.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
Non-residential
7.2 Timing and calculation and payment rules are as follows:
The development charges under this By-law for non-residential developments shall be calculated and payable as of the date of the issuance of the first building permit with respect to the development.
Notwithstanding section 7.2(a), the amount of development charge, and applicable interest, will be determined in accordance with section 26, 26.1 and
26.2 of the Act, as amended;
Notwithstanding section 7.2 (a), development charges for institutional developments in accordance with section 26.1 of the Act, inclusive of interest calculated from the date the development charge would have been payable in accordance with section 26 of the Act, in 6 equal annual payments beginning on the date that is the earlier of:
i the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building; and
ii the date the building is first occupied and continuing on the following five anniversaries of that date.
Where the development of land results from the approval of a site plan or zoning by-law amendment application received on or after January 1, 2020, and the approval of the application has occurred within two years of building permit issuance, the development charges payable shall be calculated by applying the rates set out in Schedule A and B on the later of the date of the site plan or zoning by-law amendment application, including interest.
The Chief Building Official shall not issue a building permit in respect of a development for which a development charge is payable pursuant to this by-law, until such development charge is paid, or where development charges are to be paid by installments, such as but not limited to those in accordance with section 7.2 (c), until such time as the developer has provided confirmation that it has entered into an agreement acceptable to the City which provides for payment in full or part of the development charges owing to a date subsequent to the issuance of the building permit.
The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area.
8. EXEMPTIONS
8.1 The following are exempt from the payment of development charges under this by-law for reason of section 3 of the Act:
(a) lands and buildings owned by and used for the purposes of the City or the Region or any local board, unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose; and
(b) land and buildings owned by and used for the purposes of a board of education unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose.
8.2 Notwithstanding any other provision of this by-law, no development charge is imposed under this by-law respecting:
(a) land and buildings used for agricultural use;
(b) lands and buildings which are used or intended to be used as municipal housing project facilities, as set out in section 110 of the Municipal Act, 2001, S.O. 2001,
c. 25, O. Reg. 603/06 under the Municipal Act, 2001, S.O. 2001, c. 25, and the Region’s Municipal Housing Facility By-law No. 34-2004, all as may be amended;
(c) lands and buildings used for affordable housing projects that receive funding through an agreement with Niagara Regional Housing, provided that the owner of the lands continues to use the lands and buildings for affordable housing. The owner shall be required to enter into an agreement with the Region under section 27 of the Act, notice of which the owner shall register on the title to the lands at its sole cost and expense, with the intention that the provisions shall bind and run with title to the lands. If the owner ceases to use the lands and buildings for affordable housing, the development charges shall become immediately due and payable;
(d) land and buildings owned, used and occupied by a charitable institution;
(e) gas station canopies;
(f) cemeteries, mausoleums and columbariums;
(g) places of worship;
(h) parking structures associated with a residential and/or non-residential use.
9. STATUTORY EXEMPTIONS FOR RESIDENTIAL UNITS IN EXISTING HOUSING AND NEW RESIDENTIAL BUILDINGS
9.1 Notwithstanding the provisions of this By-law, exemptions for intensification of existing and new housing shall be provided in accordance with the Act.
10. STATUTORY EXEMPTION FOR INDUSTRIAL EXPANSION
10.1 Pursuant to the Act, and any amendments thereof, and notwithstanding any other provision of this By-law, there shall be an exemption from the payment of development charges for one or more enlargements of existing industrial buildings on a site, up to a maximum of 50% of the gross floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to the Act or this section. The development need not be an attached addition or expansion of an existing industrial building, but rather may be a new standalone structure, provided it is located on the same parcel of land. Development charges shall be imposed in accordance with this By-law with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building on the site being increased by greater than 50% of the gross floor area of all the existing industrial buildings on the site.
10.2 If the gross floor area is enlarged by more than 50%, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows:
(i) Determine the amount by which the enlargement exceeds 50% of the gross floor area before the enlargement
(ii) Divide the amount determined under paragraph (i) by the amount of the enlargement.
11. OTHER STATUTORY EXEMPTIONS AND DISCOUNTS
11.1 Notwithstanding the provisions of this By-law, development charges exemptions and discounts shall be provided in accordance with the requirements of the Act and any amendments thereof.
12. RULES WITH RESPECT TO REDEVELOPMENT - DEMOLITIONS
12.1 If application is made for a building permit in respect of a parcel of land upon which a premise existing within five years prior to the date of such application, but which premise has been demolished or destroyed before the date of such application, then the amount of development charges payable upon issuance of the said building permit shall be reduced to the net amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the demolished or destroyed premise, provided that such reduction shall not exceed the development charges otherwise payable. For purposes of this subsection, “net” means the excess of the development charges for premises constructed, over the development charges for premises demolished or destroyed.
12.2 If, at the time of payment of development charges in respect of a parcel of land, the owner of the said land provides written notification of his/her intention within five years, a premise existing on that parcel at the time of such payment, then upon the subsequent assurance by the Treasurer of the City, within five years after such payment, that such premise on such parcel has indeed been so demolished, and the particulars of such demolished premise, the City shall refund to such owner a reduction in the development charges paid, which reduction is the amount, calculated pursuant to this by-law or a predecessor by-law of the City, at the development charge rates in effect at the time of such payment, that would have been payable as development charges in respect of the premise demolished, provided that such reduction shall not exceed the development charges actually paid.
12.3 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
13. RULES WITH RESPECT TO REDEVELOPMENT - CONVERSIONS
13.1 If a development includes the conversion of a premise from one use (the “first use”), to another use, then the amount of development charges (as defined in this by-law) payable shall be reduced by the amount, calculated pursuant to this by-law at the current development charge rates, that would be payable as development charges in respect of the first use, provided that such reduction shall not exceed the development charges otherwise payable.
13.2 No credit shall be provided for a development that was exempt from the payment of development charges at the time of its original construction or for which no development charge was paid.
14. RULES WITH RESPECT TO REFUNDS
14.1 Refunds of development charges shall be paid in accordance with section 18(3) of the Act and section 11(2) of O.Reg. 82/98, and any amendments thereof.
15. INDEXING
15.1 The amounts of Development Charges imposed pursuant to this by-law, as set out in Schedules “A” and “B” shall be adjusted annually without amendment to this by-law, in accordance with the Statistics Canada Quarterly Construction Price Statistics (catalogue number 62-007), as follows:
(a) the initial adjustment shall be September 1, 2024; and
(b) thereafter, adjustment shall be made each year on September 1.
15.2 For greater certainty, on September 1 of each year, the annual indexation adjustment shall be applied to the development charges as set out in Schedules “A” and “B”, plus the accumulated annual indexation adjustments from previous years,
if any.
15.3 Notwithstanding sections 15.1 and 15.2 of this by-law, Council of the City may, for any particular year, waive the indexing for that particular year without amendment to this by-law.
16. GENERAL
16.1 The following schedules to this by-law form an integral part of this by-law:
Schedule “A” -
Residential Development Charges;
Schedule “B” -
Non-Residential Development Charges ;
Schedule “C” -
Map of Residential Urban and Non-Urban Area;
16.2 Each of the provisions of this by-law is severable and if any provision hereof should, for any reason, be declared invalid by the Ontario Land Tribunal or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16.3 This by-law shall come into force and effect on the 8th of July, 2024.
17. CORRECTIONS
17.1 The Clerk of the City is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law.
Passed this 28th day of May, 2024. ORIGINAL SIGNED
CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: Second Reading: Third Reading:
Schedule “B”
Development Charge Rates Imposed by By-law 2024-XX Water, Sanitary Sewer and Storm Water Management Non-Residential
$/square metre
Schedule “C”
Map Designating Urban and Non-Urban Areas